Ukiah City Council
September 17, 2025

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/87542445328 Or you can call in using your telephone only:
• Call (toll free) 1-888-788-0099
• Enter the Access Code: 875 4244 5328
• 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.

September 17, 2025 - 5:15 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4.a. Receive Presentation of Exceptional Employee Recognition Awards.

Recommended Action: Receive a presentation of the Exceptional Employee Recognition Awards.

Attachments: None

4.b. Council to Receive Presentation on the Ukiah Valley Golf Course 2025/2026 Capital Improvement Plan.

Recommended Action: Receive a presentation on the Ukiah Valley Golf Course 2025/2026 Capital Improvement Plan.

Attachments:

1. Ukiah Golf Course CIP 2025 2026

2. UMGC completed photos FY25

3. UVGC CIP Power Point 2025 2026

5. PETITIONS AND COMMUNICATIONS

6. APPROVAL OF MINUTES

6.a. Approval of the Minutes for the September 3, 2025, Regular Meeting.

Recommended Action: Approve the Minutes for the September 3, 2025, Regular Meeting.

Attachments:

1. 2025-09-03 CC 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. Approval of Budget Amendment in the Amount of $126,000 for Cybersecurity with Convergent Computing (CCO).

Recommended Action: Approve a budget amendment in the amount of $126,000 for cybersecurity with Convergent Computing (CCO).

Attachments:

1. Contract No 1314-128

2. Contract No 1314-128-A1 - Amendment

3. Cybersecurity_Roadmap_Briefing_Summary

8.b. Notification to Council of a Billing Error that Affected the Retention Amount on the Kirby Construction Company Contract for Specification No 24-04, Electric Service Center Tenant Improvements and Fire Damage Repair.

Recommended Action: Approve notification from Staff and approve final payment of the 5% retention to Kirby Construction Company.

Attachments: None

8.c. Consideration of Adoption of Resolution Appointing Chantal Simonpietri to the Public Spaces Commission.

Recommended Action: Adopt Resolution appointing Chantal Simonpietri to the Public Spaces Comission.

Attachments:

1. Chantal Simonpietri Application

2. Resolution 2014-48

3. Simonpietri Nomination - Orozco

4. Proposed Resolution

8.d. Consideration of Additional Funding for the Proposed Ukiah Electric Vehicle Charging Stations Project, and Approve Corresponding Budget Amendment.

Recommended Action: Approve additional funding for the Ukiah Electric Vehicle Charging Stations Project, and approve corresponding budget amendment, in the amount of $72,502.

Attachments:

1. CEC-ChargePoint_REV Grant Participation Agreement_Ukiah_(7-30-2024)_Final

2. Contribution Cost Amendment

8.e. Authorization for the City Manager to Negotiate and Execute an Amendment to the Contract for Medical Control Oversight with Dr. Brandon Begley, Extending the Contract to the End of the 25/26 Fiscal Year and an Increase in the Amount of $51,600.

Recommended Action: Authorize the City Manager to negotiate and execute an amendment to the contract for Medical Control Oversight with Dr. Brandon Begley, extending the contract to the end of the 25/26 Fiscal Year and increasing the contract by $51,600.

Attachments:

1. Contract 2021-181 (1)tb

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. Conduct a Public Hearing and Consideration of the Lookout Peak Trail Project Including the Adoption of a Resolution Adopting the California Environmental Quality Act (CEQA) Initial Study and Mitigated Negative Declaration (ISMND) Prepared for the Lookout Peak Trail Project; and Authorize the City Manager to Negotiate a Donation of Trail Construction by the Ukiah Valley Trail Group.

Recommended Action: 1) Adopt a resolution adopting the California Environmental Quality Act (CEQA) Initial Study and Mitigated Negative Declaration (ISMND) prepared for the Lookout Peak Trail Project; and 2) authorize the City Manager to negotiate a donation of trail construction by the Ukiah Valley Trail Group.

Attachments:

1. Comments in Favor

2. Comments Opposed or Concerned

3. Lookout Peak Trails Draft ISMND9_9Clean

4. Staff Responses to Comments

5. Road Maintenance Plan

6. Draft Resolution Adopting the Lookout Peak CEQA ISMND

12.b. Proposition 218 Protest Hearing and Consideration of Adjustments to Sewer Service Rates by Resolution.

Recommended Action: Conduct the Proposition 218 protest hearing, and adopt a resolution adjusting sewer service rates, with the first increase effective October 1, 2025.

Attachments:

1. Ukiah_Sewer_Rate_Resolution_2025

2. City of Ukiah 2025 Sewer Financial Plan draft 7.10.25 (002)

3. City of Ukiah 2025 Sewer Rate Study Presentation, 7-16-25

12.c. Conduct a Public Hearing to Receive Public Comment; Discuss Final Grantee Performance Under State Community Development Block Grant 21-CDBG-NH-20004; Adopt Resolution Confirming Project Closeout and Reimbursement of Grant Expenses from the California Department of Housing and Community Development; and Approve any Corresponding Budget Amendments Required as Part of the Grant Closeout Process.

Recommended Action: 1) Receive report from Staff on final performance related to State Community Development Block Grant 21-CDBG-NH-20004; 2) conduct a public hearing to receive public comment; 3) adopt a Resolution acknowledging accomplishments, confirming activity completion, and confirming approval for receipt of grant reimbursement funds from the State;

and 4) approve any corresponding budget amendments required as part of the grant closeout process.

Attachments:

1. Resolution 2021-12 CDBG

2. StandardAgreement_21-CDBG-NH-20004

3. Code-Enforcement-Policies-and-Procedures

4. Code-Enforcement-Presentations

5. Resolution_2025-XX_Close

13. UNFINISHED BUSINESS

13.a. Continue Hearing to Resolve Bid Protests Received for Specification No. 25-04 for the Remodel of 501 South State Street, and Approve Final Award.

Recommended Action: Continue hearing to resolve the bid protest submitted by Cupples and Sons Construction Inc., reject the protest, accept the counterprotest from DMR Builders, waive the irregularity in DMR Builder's bid, and award the contract to the lowest responsible bidder, DMR Builders, in the amount of $3,487,850 for Specification No. 25-04, Remodel of 501 South State Street.

Attachments:

1. Spec 25-04 Remodel of 501 South State Street

2. Bid Tabulation Spec 25-04 Remodel of 501 South State Street

3. Bid Protest- Remodel BofA

4. Bid Protest Response BofA

5. Cortlandt Roofing Ukiah Bank of America Proposal -

6. Memo re proposed decision

7. Written Decision 1 Denying Protest

8. Written Decision 2 Upholding Bid Protest

9. DMR Bid

10. Cupples Bid

11. BofA Specs Sections 5 & 7

14. NEW BUSINESS

14.a. Possible Introduction of Camping Ordinance Amendment by Title Only.

Recommended Action: Introduce by title only the Camping Ordinance Amendment.

Attachments:

1. Camping Ordinance Amendment Redline

2. Camping Ordinance Amendment Clean

3. Mendocino County Homeless Encampment Coordination Protocol

14.b. Introduction of an Ordinance by Title Only and Adoption of the Corresponding Resolution of the City of Ukiah Adopting the 2025 Edition of the California Fire Code, Part 9, With Amendments, as Well as the 2025 Edition of the California Wildland-Urban Interface Code, Part 7, Regulating and Governing the Safeguarding of Life and Property From Fire and Explosion, and Providing for the Issuance of Permits, and Repealing All Other Ordinances and Parts of Ordinances of the City of Ukiah Fire Prevention Code in Conflict Herewith.

Recommended Action: Introduce an Ordinance by title only adopting the 2025 California Fire Code and the 2025 Wildland-Urban Interface Code, and adopt a Resolution establishing the findings of fact, including additions or amendments, to address local conditions.

Attachments:

1. 2025 Fire Code Adoption Ordinance Red Line

2. 2025 Fire Code Adoption Ordinance Clean

3. Resolution 2025-X Ukiah CC

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

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

Attachments:

1. 2025 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 (1 case)

15.b. 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.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort, Inc v. City of Ukiah, et al.; Case No. 24-cv-07106-JSC

15.d. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 184-080-37;184-080-36; 184-090-01; 184-090-07; 184-090-06; 184-100-04 Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Henry's Original
Under Negotiation: Price & Terms of Payment

15.e. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 170-030-05; 170-030-03; 170-010-05; 170-020-07; 170-020-11; 170-040- 03; 170-020-08
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Project Ovis LLC
Under Negotiation: Price & Terms of Payment

15.f. Threat to Public Services or Facilities
Consultation with: Dan Buffalo, Director of Finance and Scott Shaver, Interim Information Technology Manager

15.g. Conference with Labor Negotiator (54957.6)
Agency Designated Representative: Sage Sangiacomo, City Manager Employee Organizations: All bargaining units
Unrepresented Employee: Police Chief

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.

Araceli Sandoval
Posted: 9/12/25

Agenda Item No: 4.a.

MEETING DATE/TIME: 9/17/2025

ITEM NO: 2025-961

AGENDA SUMMARY REPORT
SUBJECT: Receive Presentation of Exceptional Employee Recognition Awards.

DEPARTMENT: Human Resources /
Risk Management PREPARED BY: Tim Mitchell, H.R./Risk Manager Analyst PRESENTER: Department Directors, City Manager, and Mayor.

ATTACHMENTS:

None
Summary: The Mayor will present selected employees with Exceptional Employee Recognition awards.

Background: The City of Ukiah prioritizes the retention and attraction of outstanding employees and recognizes their role in our goal of providing exceptional service. The Exceptional Employee Program recognizes (through a nomination process) and awards those employees or teams of employees who have truly gone above and beyond. Once each quarter, nominations are considered from the categories of field crews, public safety, and administration.

Discussion: The recipients of the Exceptional Employee program for the third quarter of 2025 are as follows:

Christian Ballestrazze, Police Officer, Police Department: Christian Ballestrazze was dispatched to Safeway for a report of shoplifting. Officer Ballestrazze obtained video footage of the incident and determined that two female subjects stole approximately $600 worth of items and fled the area and likely drove to Covelo. The Mendocino County Sheriff's Office had stopped the vehicle based on a request from Officer Ballestrazze. 15 minutes prior to the end of Officer Ballestrazze's shift, he drove to HWY 162 which was approximately one hour away. The two subjects who stole the items were placed under arrest. Officer Ballestrazze transported the subjects to jail and returned all the stolen items to Safeway. Officer Ballestrazze's determination and willingness to complete an investigation for a simple shoplift call resulted in two felony arrests, drug charges, and the ability to return $600 worth of stolen merchandise. The Safeway Store Manager was extremely grateful.

David Burton, Museum Director, Community Services Department: David Burton has been the Director of the Grace Hudson Museum for the last six years. During his tenure, he has guided the Museum on a path of ever-increasing professionalism and national recognition. He has cultivated a deepening relationship with Native American community members, most notably seen in the Gathering Time exhibition, the first ever exhibition curated by and featuring Native American Artists. Though not a job requirement, Mr. Burton has served on both the Visit Ukiah Board and the Greater Ukiah Business and Tourism Board. More importantly, he has promoted and expanded the statewide recognition of the Museum through his service on the California Association of Museums Board, serving on the executive committee, the bylaws committee, and chairing the governance committee. Mr. Burton works long hours, including weekends and evenings, in his pursuit of excellence.

MaryJo Reynolds, Senior Financial Services Specialist, and AJ Johnson, Financial Services Specialist I, Finance Department: This spring, the Accounts Payable (AP) team successfully led the transition from paper to paperless invoice processing—a major shift they embraced with persistence and a commitment to

improvement. Most recently, a retirement in Accounts Receivable (AR) created staffing gaps. Without hesitation, both AP staff stepped up to help: one split time between AP and AR to support the temporary hire, while the other took on additional work and even offered to postpone a planned vacation. Despite increased pressure, they remained positive and focused. Their flexibility, teamwork, and dedication have been critical to keeping operations running smoothly during a time of transition, and it has been truly appreciated.

Recommended Action: Receive a presentation of the Exceptional Employee Recognition Awards.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: The City Manager's Office and Department Directors STRATEGIC PLAN (SP): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Agenda Item No: 4.b.

MEETING DATE/TIME: 9/17/2025

ITEM NO: 2025-987

AGENDA SUMMARY REPORT
SUBJECT: Council to Receive Presentation on the Ukiah Valley Golf Course 2025/2026 Capital Improvement Plan.

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

Maya Simerson, Project and Grant Administrator
and Jake Burgess, Community Services
Supervisor
ATTACHMENTS:

1. Ukiah Golf Course CIP 2025 2026

2. UMGC completed photos FY25

3. UVGC CIP Power Point 2025 2026
Summary: Council will receive a presentation on the Ukiah Valley Golf Course 2025/2026 Capital Improvement Plan.

Background: The Ukiah Valley Golf Course is operated under a Lease Agreement between the City of Ukiah (City) and Tayman Park Golf Group, Inc. (TPGG). The Ukiah Mens Golf Club (UMGC) operates a cart barn under a Lease Agreement with the City. Under these two leases, TPGG and the UMGC are committed to making annual capital improvements to the course through a capital improvement plan (CIP) in cooperation with the City.

CIP funding is provided by TPGG and the UMGC through these lease agreements. The City does not contribute financially to the CIP.

The agreements between the City, and both Tayman Park Golf Group and the Ukiah Mens Golf Club, outline a protocol for prioritizing and funding capital improvements. The protocol calls for an Advisory Team with three representatives, from the UMGC, TPGG, and the City to compose and agree on a plan for the annual course improvements. This Advisory Team has met, discussed, and approved the final plan. The final plan is now reported out to the Council to assure continued transparency and public review of the operation of this community asset.

Discussion: The UVGC provides an outdoor recreational place for all ages and provides fundraising opportunities to our community through the numerous tournaments hosted on the property. This past year the golf course hosted over 40 tournaments supporting local non-profits. Additionally, TPGG has continued to provide food and beverage service to our community with the ‘Slush by the Park’ menu, an attraction for both golfers and non-golfers alike.

Aside from providing a safe recreational outlet for our community and visitors, it is important to remember that the Ukiah Valley Golf Course provides a level of protection and green space buffer to protect the city of Ukiah from fire threats from the western hills wildland interface. The golf course’s large irrigated, green, and trimmed open space creates a fire protection zone buffer between the western hills and the adjacent western Ukiah residential neighborhoods. In this time of heightened fire safety awareness and preparation, the Ukiah Valley Golf Course stands out as a significant and perhaps unrecognized fire protection tool benefiting the residents

of Ukiah.

Once Phase 4 of the Recycled Water Project is completed in the Todd Grove Recreation Area, this second source of water will be important for reducing the impact the greenspaces make on our potable water use but also, and perhaps most importantly, the purple pipe water will offer a secondary water source to fight fires.

The attached plan (Attachment #1) outlines proposed CIP projects in three sections.

A. Capital Improvement Projects Completed
B. Projects Identified in Prior Years rolling over
C. New Projects added
Within the plan, each project identifies the fiscal year in which the project was first listed as a priority and added to the plan project list. Completed projects will note the organization that funded and completed the project. Inclusion of a project in the plan does not mean that funding is currently available to complete the project.

The success of the golf course relies on all three of its partners, but the UMGC deserves to be recognized for their exceptional efforts. Highlights of the work they have accomplished this past year can be found in Attachment #2. The course also benefits from the support of the Women’s Golf Club, and we are grateful for their contributions.

The partnership between the City, TPGG, and the UMGC is strong and productive, with all three parties working together towards the common goal of creating and maintaining the best municipal golf course possible for our community.

Thank you for receiving this report, as provided by the Advisory Team, of the Capital Improvement Plan.

Please refer to Attachment #3 to access the PowerPoint presentation that accompanies this report to Council.

Recommended Action: Receive a presentation on the Ukiah Valley Golf Course 2025/2026 Capital Improvement Plan.

BUDGET AMENDMENT REQUIRED: n/a
CURRENT BUDGET AMOUNT: n/a
PROPOSED BUDGET AMOUNT: n/a
FINANCING SOURCE: n/a
REVENUE: Yes / No GRANT: Yes / No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: n/a
COORDINATED WITH: Frank Johnson, TPGG, Bernie Sopp, UMGC, Jake Burgess, SC Supervisor STRATEGIC PLAN (SP):SP 1B - Provide services that support a high quality of life for all residents, including fostering diverse, inclusive, sustainable, and accessible neighborhoods.

CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices.

GENERAL PLAN ELEMENTS (GP):GP-A4- Public Facilities, Services, and Infrastructure Element

ATTACHMENT #1
Ukiah Valley Golf Course
Capital Improvement Plan
2025/2026
Tayman Park Golf Group and Ukiah Men’s Golf Club
Submitted by the CIP Advisory Team:

Frank Johnson, PGA Director of Golf
Bernie Sopp, Ukiah Men’s Club President
Jake Burgess, CS Supervisor, City of Ukiah
July 1, 2025
Ukiah Valley Golf Course 599 Park Blvd Ukiah, California 95482 T 707.467.2832 F 707.433.7846 www.ukiahgolf.com
Golf Course Capital Improvement Plan (CIP)

The golf course is for the use and enjoyment of the public and all its patrons. In order that the public can be given the best possible golfing experience, the golf course must be open to constructive feedback. All CIP planning and decisions must be analyzed for their short and long term effect.

The Golf Professional operating the course, Tayman Park Golf Group (TPGG) and the Ukiah Men’s Golf Club (UMGC) maintain separate bank accounts as required under their respective amended leases to fund projects for the Ukiah Valley Golf Course under the approved Capital Improvement Plan (CIP). The Ukiah Valley Golf Course’s Capital Improvement Planning process is managed and controlled by an Advisory Team comprised of three representatives, one each from the Ukiah Men’s Golf Club, the Golf Professional, and the City of Ukiah. The Advisory Team prepared Capital Improvement Plan that is submitted annually for review by the Ukiah City Council at a public City Council meeting.

The Capital Improvement Plan is not an operational plan of the golf course, and is limited to capital improvement planning only.

Part A. - Capital Improvement Completed in FY2024/2025:

UKIAH MEN’S GOLF CLUB PROJECTS:

The substantial number of Projects completed solely by the Ukiah Men’s Golf Club in this past year were funded through net cart barn rents, as well as a significant number of projects that were funded by cash, time, and material contributions of various UMGC members in excess of what was required by their CIP commitment.

This years completed projects include;
• Installation of safety posts and chains for the bridge on #10 • Replacement of the bridge on #11 creek crossing
• Removal of dead trees on holes #16 & #17
• Planting of flower bulbs in strategic spots to enhance the beauty of the course JOINT PROJECTS; UKIAH MEN’S GOLF CLUB/ TAYMAN PARK GOLF GROUP:

TAYMAN PARK GOLF GROUP PROJECTS:

It should be noted, that Tayman Park Golf Group completed the following projects, which were not required by their CIP commitment, using their own funds in excess of what was required.

Sand Fairways; COMPLETED AND ONGOING/Tayman Park Golf Group Improved fairways are important to retain players. Sand application over time, improves conditions and playability. Other benefits include a reduction in earthworm castings, improved rooting, earlier spring green- up and reduction in water use. The primary reason fairway topdressing programs are implemented is to firm the surfaces, improved playability and minimize course closure following heavy and prolonged rains.

Sand Trap Reshaping; COMPLETED AND ONGOING/Tayman Park Golf Group

Tayman Park Golf Group’s maintenance crew has taken over the reshaping of the edges and lips of the sand traps. Sand replacement will also be an ongoing project.

Fairway Seeding; COMPLETED AND ONGOING/Tayman Park Golf Group Improvements will include a new drought tolerant grass, sand usage and wetting agents. The new grass will consist of 4 different grass types for deeper root growth and better playing surface. This blend has been proven to perform well in high heat and less water areas. The continued fairway resurfacing will show all players that the Ukiah Valley Golf Course is a viable recreation area worthy of their spending dollars. It’s not enough in this difficult environment to just have a course, you must show the willingness to spend money and improve your product. Our fairways continue to improve in appearance and playability.

Part B. - Projects Identified in Prior Years rolling over to FY 2025/2026:

UKIAH MENS GOLF CLUB PROJECTS:

Tree Maintenance (FY20/21); Ukiah Men’s Golf Club ONGOING On-going tree trimming with emphasis on safety for all players. On-going tree pruning conforming to the list of trees that was approved in 2020. New trees may be added to the list if storm or drought damage is discovered. Dead trees will be removed from time to time.

Many of the existing pine trees on the golf course have suffered during the drought and will need to be removed when they are dead so that they do not become a hazard. All work done under the guidance of the City of Ukiah’s Tree Management Guidelines.

HOLE #2(FY21/22): reshaping and decreasing the size of the sand trap, over the years this sand trap has increased in size and needs to be reconfigured to its former size. Add turf where needed.

HOLE #4(FY21/22): Consider reducing the size of the northerly sand trap which has grown larger over the years.

HOLE #9(FY21/22): Remove the paved cart path adjacent to the green and replace it with turf blocks.

Directional Control Posts (FY21/22); Ukiah Men’s Golf Club ONGOING JOINT PROJECTS; UKIAH MENS GOLF CLUB/ TAYMAN PARK GOLF GROUP:

TAYMAN PARK GOLF GROUP PROJECTS:

Transition from Rye Grass Fairways to 3 Blend Fescue Grass; (FY21/22) Tayman Park Golf Group. With the continued importance of water conservation, it’s important to find the right grasses to help reduce water usage. Fescue’s when blended with other grasses have been known to stay healthy with less watering. ONGOING
Part C. – Newly identified Projects added to Plan:

UKIAH MENS GOLF CLUB PROJECTS:

Our plan for 2025-2026 is to continue with tree trimming in areas of the golf course and to start working on the sand traps. (FY 24/25)
PRACTICE AREA ADJACENT TO HOLE #1(FY23/24); Construction of a practice sand trap.

JOINT PROJECTS; UKIAH MENS GOLF CLUB/ TAYMAN PARK GOLF GROUP:

North Bridge on Back Nine (FY21/22); Tayman Park Golf Group & Ukiah Men’s Golf Club

ONGOING
Inspect decking and replace wood as needed.

Repair Failed Storm Drain; The storm drain pipe on the front nine, which extends from above Green #3 down to the east side of Fairway #8, is failing in several places. Explore ideas with the city for either temporary or spot fixes until the City has funds to replace the entire storm drain. (FY21/22); Tayman Park Golf Group & Ukiah Men’s Golf Club. Under review for FEMA funding from Winter Storm Damage in 2022.

Continued Tee Improvements; (FY21/22) Tayman Park Golf Group & Ukiah Men’s Golf Club ONGOING Remodel of tee #6.

TAYMAN PARK GOLF GROUP PROJECTS:

Building repair and maintenance; (FY22/23); New entry doors, A/C units replaced, bathroom remodel and plumbing work. This work is needed to continue the upgrade of the pro shop. The pro shop was remodeled back in 2018/2019 and additional items are now in need of repair. Repair and replacement of refrigeration, soft serve machines and food equipment. ONGOING
Irrigation system repair (FY23/24); as the irrigation system ages, replacing targeted areas of the system to maintain current levels of water control, water savings and eliminate mainline damage is needed. Controllers, gate and electric valves, electrical wiring, sprinkler heads and pvc pipe will be replaced. ONGOING
Cart Path Replacement (FY23/24); Not all areas can be completed this year but areas of concern are being addressed. We are planning for work on holes #3 and #8.

Irrigation replacement Hole#5: New heads, valves and controller. (25/26) Capital Improvement Summary
Items listed are planned projects. Funds may be limited and we will replace/repair the most important items first. Our goal will be to utilize our funds on projects to meet the highest priorities that will provide the best golf experience possible to the golfers.

The Advisory Team will continue to look not only at immediate goals but will consider our long term goals as well. The Advisory Team will continue to enable a good working

relationships between TPGG, the Men’s and Women’s Golf Clubs and the City.

Thank you for allowing the Advisory Team the opportunity to improve the Ukiah Valley Golf Course through this CIP plan.

City Staff would be pleased to arrange for City Council Members to tour the Golf Course and its facilities upon request.

ATTACHMENT #2
UVGC CIP Report Attachment #2; Ukiah Men’s Golf Club
Completed Projects FY25
Planting flower bulbs in strategic spots to enhance the beauty of the course. (no pictures available at this time)
Continued tree trimming for fire hardening and removal of dead limbs and trees when necessary for safety.

Removal of dead tree on hole #16; before and after.

Removal of dead tree on hole # 17

Safety posts and chain installation on both sides of the approach to the new bridge on #10;

Replacement of the bridge on #11 creek crossing.

Major improvements on several holes:

City Council
Meeting
of
September 17
2025
Ukiah Valley Golf Course
Capital Improvement Plan
Attachment 3

PLANNING COMMISSION May 31, 2017 | 2
The Ukiah Valley Golf Course is operated under a Lease Agreement between the City of Ukiah (City) and Tayman Park Golf Group, Inc. (TPGG).

The Ukiah Mens Golf Club (UMGC) operates a cart barn under a Lease Agreement with the City.

Both groups are committed to making annual capital improvements to the course under an annually approved capital improvement plan (CIP) in cooperation with the City.

CIP funding is provided by TPGG and the UMGC through these lease agreements and is reported to Council annually.

3 2025/2026 Capital Improvement Plan
The CIP is presented in three sections;
A. Capital Improvement
Projects Completed
B. Projects Identified in Prior
Years Rolling Over to the next
year
C. New Projects Added

Ukiah Men’s Golf Club completed projects
(CIP plan section A)
Replacement of the bridge on #11 creek crossing.

Safety posts and chain for
the new bridge on #10.

Continued tree
trimming for fire
hardening and
removal of dead
limbs and trees
when necessary
for fire
protection and
safety.

Major
improvements
on several
holes;
including 13,
15, and 16.

Upgraded
drainage for
better erosion
control.

Sand Fairways for many benefits including a reduction in water use Fairway Seeding; using a new drought tolerant grass, sand usage and wetting agents. This blend has been proven to perform well in high heat and less water areas.

Completed Projects (CIP plan section A continued)
TAYMAN PARK GOLF GROUP PROJECTS:

It should be noted, that Tayman Park Golf Group completed many projects, which were not required by their CIP commitment, using their own funds in excess of what was required.

Tree Maintenance (FY20/21); Ukiah Men’s Golf Club ONGOING On-going tree trimming with emphasis on safety for all players and fire protection. (All work done under the guidance of the City of Ukiah’s Tree Management Guidelines. ) HOLE #2(FY21/22): reshaping and decreasing the size of the sand trap, over the years this sand trap has increased in size and needs to be reconfigured to its former size. Add turf where needed.

HOLE #4(FY21/22): Consider reducing the size of the northerly sand trap which has grown larger over the years.

HOLE #9(FY21/22): Remove the paved cart path adjacent to the green and replace it with turf blocks.

Directional Control Posts (FY21/22); Ukiah Men’s Golf Club ONGOING CIP Projects- Section B
(Projects Identified in Prior Years Rolling Over to the next year)

Continued Tee Improvements: Remodel of tee #6.

Irrigation replacement Hole #5: New heads, valves and controller.

CIP Projects- Section C (New Projects Added)

11 Ukiah Valley Golf Course
A Community Resource
The UVGC provides an outdoor recreational place for all ages and provides fundraising opportunities to our community through the numerous tournaments hosted on the property.

This past year the golf course hosted over 40 tournaments supporting local non-profits.

TPGG provides food and beverage service to our community.

The ‘Slush by the Park’ menu has proven to be an attraction to golfers and non-golfers alike.

The clubhouse is available to rent and hosts many gatherings.

12 Fire Buffer Zone and Recycled Water
In addition to providing a safe recreational outlet the Ukiah Valley Golf Course provides a level of protection and firefighting space to protect the City of Ukiah from fire threats from the western hills. The golf course’s large green space creates a fire protection zone, or buffer between the western hills and the adjacent western Ukiah residential neighborhoods.

Recycled Water- as part of the grant funded project the use of recycled water is getting close to the Todd Grove Recreation Area. Pipe for the distribution system is going in the ground and already installed through the golf course, providing recycled water to 2/3 of the course.

This second source of water is important for both reducing the impact the greenspaces make on our potable water use but also, and perhaps most importantly, the purple pipe water offers a secondary water source to fight fires. The UVFA Chief has evaluated locations for hydrants to offer an additional level of protection to our community.

13 Summary
Present to City Council FY2026 CIP plan.

Questions?
Ukiah Mens Golf Club:

Bernie Sopp, President
Tayman Park Golf Group:

Frank Johnson, Owner/Golf Pro

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/85166111856 September 3, 2025
5:15 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on September 3, 2025, having been legally noticed on August 29, 2025. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/85166111856. Mayor Crane called the meeting to order at 5:16 p.m. Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan Sher, and Douglas, F. Crane. Councilmembers Absent by Prearrangement: Heather Criss. Staff

Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Araceli Sandoval, Deputy City Clerk.

MAYOR CRANE PRESIDING.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Crane.

MOMENT OF SILENCE
Mayor Crane read a statement and led a moment of silence to honor the recently departed Darren Jackson, who served on the City of Ukiah’s Diversity and Equity Committee.

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
No notifications were received.

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Community Services Summer Wrap Up.

Presenters: Marianne Aranda, Senior Recreation Coordinator and Daniel Spence, Recreation Supervisor.

Presentation was received.
b. Proclamation of the Ukiah City Council Recognizing September as Hispanic Heritage Month in the City of Ukiah.

Presenter: Councilmember Orozco.

Public Comment: Jackie Orozco,
Proclamation was received by Martha Molina, Molina Taxes. c. Presentation from Greater Ukiah Business and Tourism Alliance Regarding Activities and Events.

City Council Minutes for September 3, 2025, Continued:

Presenters: Shannon Riley, Deputy City Manager and Katrina Kessen, Greater Ukiah Business and Tourism Alliance Executive Director.

Presentation was received.

5. PETITIONS AND COMMUNICATIONS
Deputy City Clerk, Araceli Sandoval, stated that all communications had been distributed.

6. APPROVAL OF MINUTES
a. Approval of the Minutes for the August 20, 2025, Special Meeting. b. Approval of the Minutes for the August 20, 2025, Regular Meeting.

Motion/Second: Orozco/Sher to approve the Special and Regular Minutes of August 20, 2025, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, and Crane.

NOES: None. ABSENT: Criss. ABSTAIN: None.

7. RIGHT TO APPEAL DECISION
Mayor Crane read the right to appeal a decision.

8. CONSENT CALENDAR
a. Report of Disbursements for the Month of July 2025 – Finance. b. Adoption of an Ordinance to Establish an Administrative Use Permit Process, Reorganize Performance Standards, and Clarify Related Zoning and Animal Keeping Provisions in the Ukiah City Code – Community Development.

ORDINANCE NO. 1257

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING A NEW SECTION 9269 AND A NEW ARTICLE 23 TO DIVISION 9, CHAPTER 2 OF THE CITY CODE TO

ESTABLISH PROCEDURES AND PERFORMANCE STANDARDS FOR THE ISSUANCE OF ADMINSITRATIVE USE PERMITS.
c. Adoption of an Ordinance Amending the City’s Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations to Ensure Compliance with State Law and the Findings of the California Department of Housing & Community Development – Community Development.

ORDINANCE NO. 1258

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

SECTIONS OF THE UKIAH CITY CODE REGULATING ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS
d. Adoption of a Resolution (2025-43) Authorizing the City Manager to Execute Agreements with the California Department of Transportation for the City of Ukiah East Perkins Multimodal Transportation Plan; and Approve Corresponding Budget Amendments Once the Agreements have been Executed – Community Development.
e. Approve the Notice of Completion for the Thickening and Dewatering Improvements Project, Specification No. 23-02, and Direct the City Clerk to File the Notice of Completion with the County Recorder – Water Resources.

Motion/Second: Rodin/Sher to approve Consent Calendar Items 8a-8e, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, and Crane. NOES: None.

ABSENT: Criss. ABSTAIN: None.

City Council Minutes for September 3, 2025, Continued:

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comments were received.

10. COUNCIL REPORTS
No Council reports were received.

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

12. PUBLIC HEARINGS (5:30 PM)
a. Consideration and Possible Adoption of a Resolution Amending the Fee Schedule of the Planning and Building Divisions of the Community Development Department to Eliminate Fee Discounts for Select Uses and Establish an Administrative Use Permit Fee.

Presenter: Craig Schlatter, Community Development Director.

PUBLIC HEARING OPENED AT 6:41 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 6:42 P.M.

Motion/Second: Sher/Orozco to adopt a resolution (2025-44) amending the Fee Schedule for the Planning and Building Divisions of the Community Development Department. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, and Crane. NOES: None. ABSENT: Criss.

ABSTAIN: None.

13. UNFINISHED BUSINESS
a. Consideration of the 2025 Sewer System Management Plan Update.

Presenter: Sean White, Water Resources Director.

No public comment was received.

Motion/Second: Orozco/Sher to approve Sewer System Management Plan 2025 Update. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, and Crane. NOES: None.

ABSENT: Criss. ABSTAIN: None.
b. Possible Adoption of Urgency Ordinance Adopting FEMA's Model Floodplain Management Ordinance, Flood Insurance Study, and Flood Insurance Rate Maps.

Presenters: Darcy Vaughn, Assistant City Attorney and Tim Eriksen, Public Works Director/City Engineer.

No public comment was received.

RECESS 6:58 P.M. – 7:06 P.M.

Motion/Second: Orozco/Rodin to introduce and adopt an urgency ordinance by title only. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, and Crane. NOES: None.

ABSENT: Criss. ABSTAIN: None.

Deputy City Clerk, Araceli Sandoval, read the ordinance title into the record.

City Council Minutes for September 3, 2025, Continued:

Motion/Second: Sher/Rodin to introduce and adopt the urgency ordinance adopting FEMA's Model Floodplain Management Ordinance, Flood Insurance Study, and Flood Insurance Rate Maps. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, and Crane. NOES: None.

ABSENT: Criss. ABSTAIN: None.

ORDINANCE NO. 1259

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

SECTIONS OF THE UKIAH CITY CODE TO RE-ADOPT THE MOST RECENT CALIFORNIA BUILDING STANDARDS CODE PROVISIONS REGARDING FLOODPLAN MANAGEMENT; TO ADOPT FLOOD HAZARD MAPS; TO DESIGNATE A FLOODPLAIN ADMINISTRATOR; AND TO ADOPT ADDITIONAL FLOODPLAIN MANAGEMENT REGULATIONS.
c. Adopt Resolution Affirming that the Proclamation of a Local Emergency Due to Conditions Caused by Atmospheric Rivers Causing Damage to Public Infrastructure Remains in Effect.

Presenter: Darcy Vaughn, Assistant City Attorney.

No public comment was received.

Motion/Second: Crane/Rodin to adopt a resolution (2025-45) affirming that the declaration of a local emergency remains in effect. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, and Crane. NOES: None. ABSENT: Criss. ABSTAIN: None.

14. NEW BUSINESS
a. Resolve Bid Protests Received for Specification No. 25-04 for the Remodel of 501 South State Street, and Approve Final Award Recommendation.

Presenter: Myles Fisette, Purchasing Manager.

PUBLIC HEARING OPENED AT 7:19 P.M.

Public Comment: Casey Cupples, Cupples & Sons Construction Inc.

RECESS 7:33 P.M. – 8:20 P.M.

PUBLIC HEARING CLOSED AT 8:56 P.M.

Motion/Second: Crane/Sher to direct the City Attorney’s Office and Staff to conduct further review and to continue this item to the September 17, 2025, City Council Regular Meeting. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, and Crane. NOES: None. ABSENT:

Criss. ABSTAIN: None.
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).

No reports were received.

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

15. CLOSED SESSION

City Council Minutes for September 3, 2025, Continued:

a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (1 case)
b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018- 70200
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort, Inc v. City of Ukiah, et al.; Case No. 24-cv-07106-JSC d. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 184-080-37;184-080-36; 184-090-01; 184-090-07; 184-090-06; 184-100- 04 Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Henry's Original
Under Negotiation: Price & Terms of Payment
e. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 170-030-05; 170-030-03; 170-010-05; 170-020-07; 170-020-11; 170-040- 03; 170-020-08
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Project Ovis LLC
Under Negotiation: Price & Terms of Payment
f. Conference with Labor Negotiator (54957.6)
Agency Designated Representative: Sage Sangiacomo, City Manager Employee Organizations: All bargaining units
Unrepresented Employee: Police Chief
No action reported; direction provided to Staff.

16. ADJOURNMENT
There being no further business, the meeting adjourned at 10:13 p.m. ________________________________
Araceli Sandoval, Deputy City Clerk

Agenda Item No: 8.a.

MEETING DATE/TIME: 9/17/2025

ITEM NO: 2025-983

AGENDA SUMMARY REPORT
SUBJECT: Approval of Budget Amendment in the Amount of $126,000 for Cybersecurity with Convergent Computing (CCO).

DEPARTMENT: Information Services PREPARED BY: James Brown, IT Network Specialist PRESENTER: James Brown, Network Specialist, IT Department ATTACHMENTS:

1. Contract No 1314-128

2. Contract No 1314-128-A1 - Amendment

3. Cybersecurity_Roadmap_Briefing_Summary
Summary: Council will consider approval of a budget amendment in the amount of $126,000 for cybersecurity with Convergent Computing (CCO).

Background: On September 4, 2013, the City Council approved an as-needed services contract (Attachment 1) with Convergent Computing (CCO) to provide information technology support. Since then, CCO has consistently delivered reliable and effective services to the City.

Recognizing the increasing importance of protecting its digital infrastructure, the City engaged CCO to develop a Cybersecurity Roadmap. In March 2025, the City executed Amendment No. 1 to Contract No. 1314-128 (Attachment 2), which expanded the scope of work to include cybersecurity services. Convergent Computing in cooperation with the City's IT team have identified priority projects and long-term improvements consistent with industry best practices for municipalities of similar size.

Discussion: The current estimate for the initial implementation of cybersecurity priority efforts is in the range of $84,000- $126,000, with the final amount dependent on the actual time required to complete each stage.

Future phases may be presented to Council for consideration as needed.

Staff requests that Council approve a budget amendment in the amount of $126,000 to fund cybersecurity implementation with Convergent Computing (CCO). Cost estimates associated with each phase are included in Attachment 3. Funding for the budget amendment is coming from the IT fund reserves, which is set aside for such purposes.

Recommended Action: Approve a budget amendment in the amount of $126,000 for cybersecurity with Convergent Computing (CCO).

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20913950.52100: $0
PROPOSED BUDGET AMOUNT: 20913950.52100: $126,000
FINANCING SOURCE: IT Reserves
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract 1314-128 COORDINATED WITH: Finance Department, IT Department

STRATEGIC PLAN (SP): Supports organizational excellence, technology modernization, security, and best practices.SP 1C - Encourage and support an environmentally sustainable and resilient community by embracing new technology, setting policy, and evaluating critical infrastructure.

CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP): Government services, resiliency, and community trust.GP-A4 - Public Facilities, Services, and Infrastructure Element

AGREEMENT FOR
�-.,,.---.�,m�---�--- -�-,,___. .• -� PROFESSIONAh CONSULTING SERVICES··· .. ··- · ·· ··· · · · · ·· · ·- · -�--- ....... · This Agreement, made and entered into this 5th day of September, 2013. ("Effective Oaten
), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Convergent . Computing, a corporation organized and in good standing under the laws of the state of Cslifomia, hereinafter referred to as "Consultant".

RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to providing information technology services consisting of software, system, and/or network maintenance support on an on�II, asneeded basis. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement.

TERMS OF AGREEMENT

1.0 DESCRIPTION OF PROJECT

1.01 The Project is described in detail in the attached Scope-0f•Work (Attachment "A").

2.0 SCOPE OF SERVICES

2.01 As setforth in Attachment "A".

2.02 Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement.

3.0 CONDUCT OF WORK

3.01 !film. The term of this agreement begins on the Effective Date and shall continue for an indefinite term and until terminated in accordance with paragraph 7 .09.

3.02 nme of Completion. Consultant shall commence performance of services as required by the Scope-of.Work upon receipt of a Notice to Proceed from City. Consultant shall complete each task to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation.

Skl-l'IOCl�No..,.b<r20,lOO!I
l'AGEl0f7
\
ATTACHMENT 1

COU 1314- 128-A1

CITY OF UKIAH
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES CONTRACT 1314128

BETWEEN
CONVERGENT COMPUTING and THE CITY OF UKIAH
This Amendment No. 1, entered on March 26, 2025 revises the Agreement for Professional services dated September 5, 2013 between the City of Ukiah and Convergent Computing for consulting services relating to IT Services.

This Amendment No. 1 adds Cyber Security Services to the Scope of Work provided and revises the Fee Schedule to an hourly rate of $250 per hour.

Except as expressly amended by this Amendment, all other terms remain unchanged and in full force and effect.

IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AMENDMENT ON THE EFFECTIVE DATE:

CONSULTANT
BY: DATE:

PRINT NAME:

CITY OF UKIAH
BY: DATE:

SAGE SANGIACOMO, CITY MANAGER
ATTEST
BY: DATE:

KRISTINE LAWLER, CITY CLERK
04/08/2025
Kristine Lawler (Apr 8, 2025 16:24 PDT)
Kristine Lawler 04/08/2025
ATTACHMENT 2

City of Ukiah – Cybersecurity Roadmap Partnership
Why this matters
• Increasing cybersecurity threats targeting municipalities • CCO assessment identified critical gaps and industry best practices • Consulting memo reinforced roadmap approach and long-term engagement • SharePoint protections and governance updates included in scope Focus Areas
• Identity Security – Stronger account protections, MFA, privilege management • Device Security – Endpoint protection, encryption, mobile management • Application Security – Microsoft 365 safeguards, SharePoint & Teams security • Network Security – Firewall upgrades, Wi-Fi security, architecture resiliency • Data Security – Backup hardening, ransomware resilience, DLP implementation Fiscal Impact (Priority Efforts)
Area Cost Range
Identity $24k–$36k
Device $24k–$36k
Application $12k–$18k
Network $12k–$18k
Data $12k–$18k
Total $84k–$126k
Recommendation
Authorize partnership with CCO to begin implementing priority cybersecurity roadmap efforts, including SharePoint protections, with phased execution and budgeting for recommended future enhancements.

Attachment 3

Agenda Item No: 8.b.

MEETING DATE/TIME: 9/17/2025

ITEM NO: 2025-1014

AGENDA SUMMARY REPORT
SUBJECT: Notification to Council of a Billing Error that Affected the Retention Amount on the Kirby Construction Company Contract for Specification No 24-04, Electric Service Center Tenant Improvements and Fire Damage Repair.

DEPARTMENT: Electric Utility PREPARED BY: Diann Lucchetti, Administrative Secretary PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:

None
Summary: Notify City Council of a billing error that affected the retention amount on the Kirby Construction Company contract.

Background: On July 16, 2025, Council approved the Notice of Completion for the City of Ukiah Electric Service Center Tenant Improvements and Fire Damage Repair, Specification No 24-01 and final payment of the 5% retention to Kirby Construction Company. The 35-day waiting period for the retention ended on August 28, 2025.

Discussion: While processing the retention invoices, Staff discovered an error on Kirby's calculations which equated to a $12,573.51 underpayment. Staff confirmed the discrepancy and is notifying Council of a revised retention amount of $135,520.60.

Recommended Action: Approve notification from Staff and approve final payment of the 5% retention to Kirby Construction Company.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 80126100.80220.17023; $3,000,000 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Series 2022 Electric Revenue Bonds and Insurance Proceeds REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2324-169
COORDINATED WITH: Cindy Sauers, Electric Utility Director STRATEGIC PLAN (SP): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Agenda Item No: 8.c.

MEETING DATE/TIME: 9/17/2025

ITEM NO: 2025-1019

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Resolution Appointing Chantal Simonpietri to the Public Spaces Commission.

DEPARTMENT: City Clerk PREPARED BY: Araceli Sandoval, Deputy City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:

1. Chantal Simonpietri Application

2. Resolution 2014-48

3. Simonpietri Nomination - Orozco

4. Proposed Resolution
Summary: Council will consider adopting a resolution appointing Chantal Simonpietri to the Public Spaces Commission.

Background: The Public Spaces Commission (PSC) provides advice and recommendations to Council regarding 1) City-owned properties that are open to the public, free of charge, such as parks, paths, and public right-of-ways; 2) creeks within the city limits; 3) open spaces within and outside of the city limits that are undeveloped and conserved or in consideration of future conservation; 4) and the recreational uses of these spaces. On February 19, 2025, Council adopted an ordinance amending the number of members in the Public Spaces Commission from 7 members to 5 members; provided that a majority, i.e. three, of the five Commission members must reside within the City limits.

Discussion: The Public Spaces Commission (PSC) currently has two vacancies: one for an At Large, City or County Resident, and one for an At Large, City Resident. The City or County Resident position has been noticed since February 2025 due to a resignation, and the City Resident position has been noticed since September 9, 2025, also due to a resignation. The City Clerk's Office has received an application from Chantal Simonpietri (Attachment 1) that meets the residency requirements, with no other applications having been received.

Per Resolution 2014-48 (Attachment 2), the right to nominate a candidate shall rotate among the Councilmembers. Councilmember Orozco, being the next in line to make a nomination to the PSC, has submitted a nomination (Attachment 3) for Chantal Simonpietri's appointment.

Ms. Simonpietri is unable to attend the meeting due to a prior commitment; however, if Council has any questions, this item may be pulled from the agenda and continued to the next meeting.

Staff recommends Council adopt the resolution (Attachment 4) appointing Chantal Simonpietri to the At-large City Resident position on the Public Spaces Commission, term to expire on September 17, 2028.

Recommended Action: Adopt Resolution appointing Chantal Simonpietri to the Public Spaces Comission.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A

PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
STRATEGIC PLAN (SP): SP 3C - Instill diversity, equity, and inclusion as essential core elements of policymaking, accountability, and delivery of City services.

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

Attachment 1

Attachment 2

MEMORANDUM
Date: September 8, 2025
To: Araceli Sandoval, Deputy City Clerk
From: Juan Orozco, Councilmember
Subject: Nomination for Chantal Simonpietri
I nominate Chantal Simonpietri for the Public Spaces Commission as an At-large City Representative, to be considered at the September 17, 2015, Regular City Council meeting.

Signature ______________________________ Juan Orozco (Sep 8, 2025 17:42:42 PDT) Attachment 3

Attachment 4

RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPOINTING CHANTAL

SIMONPIETRI TO THE PUBLIC SPACES COMMISSION
WHEREAS, the Public Spaces Commission (PSC) provides advice and recommendations to Council regarding 1) City-owned properties that are open to the public, free of charge, such as parks, paths, and public right-of-ways; 2) creeks within the city limits; 3) open spaces within and outside of the city limits that are undeveloped and conserved or in consideration of future conservation; 4) and the recreational uses of these spaces; and
WHEREAS, the PSC currently has two vacancies: one for an At Large, City or County Resident, and one for an At Large, City Resident; and
WHEREAS, the City Clerk’s office received an application from Chantal Simonpietri that meets the residency requirements, with no other applications having been received; and WHEREAS, Councilmember Orozco, being the next in line to make a nomination to the PSC, has nominated Ms. Simonpietri for appointment.

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
TERM

EXPIRATION
Public Spaces
Commission
Chantal
Simonpietri
At-large City Resident Councilmember
Orozco
September
17, 2028
PASSED AND ADOPTED this 17th day of September, 2025, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Douglas F. Crane, Mayor
ATTEST:

Kristine Lawler, City Clerk

Agenda Item No: 8.d.

MEETING DATE/TIME: 9/17/2025

ITEM NO: 2025-1024

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Additional Funding for the Proposed Ukiah Electric Vehicle Charging Stations Project, and Approve Corresponding Budget Amendment.

DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:

1. CEC-ChargePoint_REV Grant Participation Agreement_Ukiah_(7-30-2024)_Final

2. Contribution Cost Amendment
Summary: The City Council will consider additional funding for the Ukiah Electric Vehicle Charging Stations Project, and possibly approve corresponding budget amendment.

Background: In June 2022, the Ukiah City Council approved a resolution endorsing the declaration of a climate emergency and outlined actions to be taken to restore a safe climate. One action outlined in the resolution is the continued support and expansion of EV charging throughout Ukiah. ChargePoint, one of the leading companies providing charging stations across the United States, was the recipient of the California Energy Commission (CEC)'s REV grant and reached out to the Electric Utility to discuss the possibility of working together to install charging stations in Ukiah. The grant seeks to provide charging access in rural areas, especially those designated as disadvantaged or low-income by the Department of Housing and Community Development. Certain areas of Ukiah fall within the low-income definition provided and make Ukiah an ideal location to increase charging opportunities. The Utility worked with ChargePoint to identify areas that would best benefit the City's EV owners.

On September 4, 2024, Council approved an agreement (Attachment 1) with ChargePoint to use the grant funding and install three charging locations: City Parking Lot C (north of the Library), Low Gap Park, and Anton Stadium. The hub site, Lot C, will have four DC (Direct Current) fast charging ports and two level 2 ports, the two spoke locations will have six level 2 charging ports. The total cost of the project was estimated at $1,410,294 in 2024, with $714,746 being grant funding and the remaining $695,548 matched by the Utility.

Discussion: ChargePoint solicited Requests for Proposals (RFPs) for the development of each site and engaged extensively with five vendors, including two local contractors. Throughout the process, they responded to numerous vendor questions and extended the bid deadline three times at the request of a local contractor. Ultimately, only one proposal was received, submitted by Lowe North Construction, a construction company that ChargePoint has worked extensively with in other locations. ChargePoint then entered into negotiations with the bidder to reduce costs as much as possible.

Despite these efforts, the final bid exceeded initial expectations. Working within the constraints of the grant, the company allocated the additional expenses accordingly. The project estimate increased by $187,732, with $114,777 covered by the grant and the remaining $72,502 requiring a match from the Utility. See Attachment 2 for the Contribution Cost Amendment outlining the changes to the project costs. The Utility's match increased from $695,548.15 to $768,502.55 and the grant reimbursement increased from $714,746.79 to $829,524.64. Roughly 70% of the increase is a result of increased material and construction costs and the remaining 30% is due to California legislation requiring testing of EV charging equipment by the California

Division of Measurement Standards (CDMS).

For several years, the Utility has evaluated potential locations for EV charging stations and the associated development costs. One public charging station was successfully installed at the City’s Lot A, on Oak Street; however, all additional projects have been cost-prohibitive due to the extensive site improvements required to meet ADA code requirements. The grant funding reduces the cost of the development by paying for the bulk of the site and utility improvements. The Utility's cost share includes the purchase of chargers, annual maintenance fees, required testing, and certain construction expenses that are ineligible for grant funding.

Originally, the Utility anticipated a 7-year payback on the cost of the two spoke sites, based on revenue trends from the existing chargers in Lot A. With the additional project costs, the revised payback period is now estimated at approximately 9 years. For the hub site, the payback period will depend on the new DC fastcharging rate currently under development. That rate is being designed with the installation cost in mind, ensuring that the hub site generates sufficient revenue to cover its expenses over time. While the exact payback period for the hub site cannot be confirmed until the rate is finalized, it is expected to be structured in a way that supports long-term cost recovery.

Staff is requesting Council approval to increase the funding allocated for this project to include the additional $72,502 and maintain 10% contingency for the total project cost, and authorize the corresponding budget amendment.

Recommended Action: Approve additional funding for the Ukiah Electric Vehicle Charging Stations Project, and approve corresponding budget amendment, in the amount of $72,502.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 80126100.80100.18423; $750,000
PROPOSED BUDGET AMOUNT: 80126100.80100.18423; $845,355
FINANCING SOURCE: 807 Cap and Trade Revenues
REVENUE: Yes / No GRANT: Yes / No
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH:

STRATEGIC PLAN (SP):SP 2A - Continue the development and maintenance of a comprehensive Capital Improvement Plan that considers the climate impacts of those improvements.

CLIMATE INITIATIVES (CI): 2c – Encourage clean vehicles when active transportation is not feasible.

GENERAL PLAN ELEMENTS (GP): GP-A3 - Mobility Element

EV GRANT IMPLEMENTATION

FRAMEWORK AGREEMENT
This EV Grant Implementation Framework Agreement (this “Agreement”) is entered into as of ______________________ (the “Effective Date”) by and between ChargePoint, Inc., a Delaware corporation (“ChargePoint”), with its principal place of business at 240 East Hacienda Avenue, Campbell, CA 95008 and The City of Ukiah, acting through its electric utility (“Operator”), with its principal place of business at 300 Seminary Avenue, Ukiah, CA 95482 (each of ChargePoint and Operator, individually a “Party” and collectively, the “Parties”).

WHEREAS, Operator is interested in engaging with ChargePoint for various opportunities in select electric vehicle charging markets.

WHEREAS, ChargePoint has developed the ChargePoint Network and other products for its Charging Stations and has participated in various state and federal incentive programs resulting in awarded State Grants.

WHEREAS, pursuant to the State Grants, ChargePoint has certain rights in respect of one or more Sites.

WHEREAS, Operator is the City of Ukiah electric utility which furnishes electricity within the City of Ukiah. Operator will furnish electricity to the charging stations developed under this Agreement with maintenance and repair thereof performed pursuant to the Assure Plan. NOW, THEREFORE, in consideration of the premises and the agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the Parties agree as follows:

1. DEFINITIONS. The following capitalized terms shall have the meanings ascribed herein. “Affiliate” means an entity directly or indirectly controlling, controlled by, or under common control with the entity specified. “Control”, for purposes of this definition, means direct orindirect ownership or control of fifty percent (50%) or more of the voting interests of the subject entity. “Applicable Programs” means any applicable State Grants and any statute, law, regulation or rule incorporated into and made a part of any State Grant.
“Assure Plan” means a subscription to ChargePoint’s Assure Warranty Program, as such may updated, modified and amended from time to time, and the terms and conditions are found here:
https://www.chargepoint.com/en-gb/legal/support-services. “Charging Equipment” means all Charging Stations and any electrical and subsurface equipment, including switchgears, conduits, bollard, wheel stops, signage or similar materials installed for the operation of any Charging Station, as set forth on Exhibit D. Charging Equipment specifically excludes any materials or equipment owned, installed or maintained by any third party, such as a Site Host or local utility. “ChargePoint Network” means the cloud-based SaaS network of Charging Stations hosted and managed by ChargePoint.
“Charging Stations(s)” means ChargePoint electric vehicle charging stations and the component parts thereof. “Cloud Plan” means a subscription to ChargePoint’s Master Services and Subscription Agreement for the ChargePoint Network, as such may be updated, modified and amended from time to time. “Commencement of Construction” means the start of material on-site work at a Site for the purpose of installation of Charging Stations.

Attachment 1

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“EV” means electric vehicle.
“Grant Implementation Costs” means all costs, fees or expenses necessary to comply with any rules, regulations, terms, conditions or obligations imposed by a State Grant or State Authority at each Site. “Intellectual Property Rights” means, on a worldwide basis, any and all intellectual property, industrial or proprietary rights (by whatever name or term known or designated) and all intellectual property relating thereto arising under law, equity, contract, license or otherwise, whether or not filed, perfected, registered or recorded and whether now or later existing, filed, issued or acquired, including, without limitation: (a) works of authorship, copyrights, moral rights and mask-works; (b) trademarks, trade names, service marks and service names, corporate names, business names, brand names, trade dress, logos, mottos, Internet domain names and certification marks, and all goodwill associated with any of the foregoing items; (c) trade secrets under applicable law and other rights in know-how and confidential or proprietary information; (d) patents, inventions, designs, algorithms and other industrial property rights; (e) all tangible and/or intangible embodiments of any of the foregoing, in any form and in any media now know or hereafter devised; (f) all registrations, applications, renewals, reissues, re-examinations, extensions, continuations, continuations-inpart, provisionals, divisions or reissues thereof now or hereafter in force throughout the universe (including, without limitation, rights in any of the foregoing); and (g) any and all lawsuits, actions, proceeding and claims (whether past, present or future) arising from or related to any of the foregoing. “Program Funds” means funds provided by State Grants.
“Site” means, individually and collectively, as the context may require, each location as set forth on Exhibit A-1.
“Site Host” means the real property owner or lessee of a Site if other than the Operator. “State Authority” means any state or regulatory department, commission, institution, entity, service utility, board, agency or authority, each having jurisdiction over a State Grant. “State Grants” means those EV infrastructure deployment grants, including all addendums, amendments, exhibits and attachments thereto, issued by an applicable State Authority to ChargePoint. “Substantial Completion” means the completion of all permitted work pursuant to any applicable local municipality’s inspection process in connection with a Site.

2. STATE GRANT ADMINISTRATION.

2.1 State Grants. In connection with the development of the Sites, ChargePoint has received or may be eligible to receive, Program Funds from State Authorities pursuant to State Grants. State Grants applicable to each Site are set forth on Exhibit A-1 and State Grants are referenced in Exhibit A-2. All of the terms, conditions and requirements of the State Grants are fully incorporated herein by reference and shall, in all cases with respect to the subject matter therein apply to the Operator equally as if Operator was a recipient under the State Grant, as applicable.

2.2 State Grants. Operator acknowledges and agrees that ChargePoint is the prime recipient of the State Grants and Program Funds from the State Authorities and that ChargePoint will oversee all administration of the State Grants. ChargePoint will be solely responsible for all State Grant administrative activities, including but not limited to (i) negotiating and executing any agreement and any required amendments to the State Grants with any State Authority, as applicable, (ii) being solely responsible for all communications with the applicable State Authority in respect of the State Grants (iii), overseeing State Grant implementation to ensure all applicable scopes of work are completed and conducted in compliance with the applicable State Grant terms and conditions, (iv) producing or collecting deliverables required by the State Grants and providing all such deliverables to the applicable State Authorities, (v) seeking reimbursement or refunds for any Program

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Reimbursement Amounts and (vi) participating and facilitating audits as may be required from time to time by the State Authorities. Operator covenants and agrees to provide any and all information, documentation, or support as reasonably requested by ChargePoint which is within the possession of or reasonably accessible to Operator in connection with the administration of any State Grant during the term when any State Grant imposes any obligations on ChargePoint with respect to the Sites (the “Commitment Period”)

3. APPLICABLE PROGRAM COMPLIANCE.

3.1 Applicable Programs. Operator acknowledges and agrees that its ownership, control and operation of Charging Equipment at each Site is subject in all respects to the terms, conditions and requirements of each Applicable Program. Operator acknowledges and agrees it has received, reviewed and is familiar with all the terms, conditions and requirements of each State Grant and Operator shall own, control and operate any Charging Equipment at each Site in conformance with all obligations under such State Grants and shall not take any action in violation, breach or in contravention of any terms of the Applicable Programs.

3.2 Restrictions. Operator acknowledges and agrees that pursuant to the restrictions imposed on the Sites by the Applicable Programs, Operator may be limited or restricted from using the Charging Stations or Sites other than in full compliance with the Applicable Programs, including, but not limited to, restrictions that may relate to branding requirements; construction and Site Design requirements; public accessibility standards or applicable laws; Charging Stations performance requirements, including pricing fees or charges for the use of the Charging Equipment, EV standards or EV connector types; and any other requirement, deliverable or term as required by any State Authority or the Applicable Programs. Operator acknowledges and agrees that Operator shall be exclusively responsible for all Grant Implementation Costs necessary for it to comply with any rules, regulations, terms, conditions or obligations imposed by any Applicable Program or State Authority at each Site. Attached hereto as Exhibit B is a non-exclusive list of restrictions, covenants and obligations that may be imposed on Operator in connection with the operation of the Charging Equipment and use of the Sites pursuant to the Applicable Programs.

3.3 Cloud and Assure Plans. Operator covenants and agrees that it shall separately execute, purchase and maintain a Cloud Plan and Assure Plan for all Charging Stations maintained at any Sites during the applicable Commitment Period. Operator further covenants and agrees to maintain all Charging Stations at each Site on the ChargePoint Network during the applicable Commitment Period for each State Grant. Operator acknowledges and agrees any Cloud Plans or Assure Plans obtained and subject to this Section 3.3 may not be canceled or terminated for any reason, with or without cause.

3.4 Operations. In addition to any obligations imposed on Operator pursuant to the State Grants, Operator covenants and agrees to keep all Charging Stations installed at any Site in a manner and in locations that make each available for access and use by the general public twenty-four (24) hours per day, seven (7) days a week and in all respect in full compliance with each applicable State Grant.

3.5 Data Sharing. Operator acknowledges and agrees that, as a condition to the State Grants, ChargePoint may be obligated to share information about, or generated from, the Charging Stations, the Sites or maintained by ChargePoint on the ChargePoint Network related to the Charging Stations (the “Charging Information”) with the federal government or State Authorities as required or requested pursuant to the terms of the State Grants. Operator hereby acknowledges and agrees that ChargePoint is authorized to share, provide and transfer any and all Charging Information required by an Applicable Program or as requested by any federal government authority or State Authority. Operator further acknowledges and agrees that ChargePoint is not responsible for, nor has any authority with respect to, the privacy practices or use of the Charging Information by any of the federal government or any State Authority, including whether any such Charging Information may be made public. ChargePoint retains all Intellectual Property Rights to any Charging Information as set forth in any applicable Cloud Plan. Attached hereto as Exhibit C is a non-exclusive list of data elements that may be included in the Charging Information and shared with the federal government or State Authorities pursuant to the Applicable Programs as such may be amended or updated from time to time.

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3.6 Insurance. Operator shall obtain and maintain in full force and effect all insurance coverages required to be maintained by ChargePoint under any of the State Grants during the Commitment Period as if Operator was a recipient of the State Grants. Each of the aforementioned insurance policies shall contain a provision providing a waiver of the insurer's right to subrogation. Each Party hereby waives all rights of subrogation against the other with respect to any insurance policies maintained pursuant to this Section 3.6.

3.7 Ownership. Operator covenants and agrees to own and maintain the Charging Equipment at each applicable Site for the entire Commitment Period. Operator covenants not to sell, remove, assign, or otherwise transfer the Charging Equipment to any third-party during the Commitment Period without prior written consent of (i) ChargePoint and (ii) each State Authority, as applicable. Pursuant to the provisions of this Agreement, the State Grants, and any other applicable agreement, if Operator attempts to remove, assign, sell or otherwise transfers the Charging Equipment to any third-party prior to the end of the Commitment Period in violation of the preceding sentence, in addition to any other rights or remedies in favor of ChargePoint hereunder, Operator acknowledged and agrees it shall be liable to ChargePoint for the remedies as set forth in Section 12.4.1.

4. TRANSFER OF CHARGING STATIONS; PAYMENT OBLIGATIONS;

REIMBURSEMENT

4.1 Transfer, Shipment and Delivery. ChargePoint shall deliver the Charging Stations to each Site at the address identified on Exhibit A-1 and Operator shall pay for the cost of all shipment, delivery and applicable taxes with respect to the Charging Stations. Ownership, title and risk of loss to the Charging Stations shall pass to Operator upon activation of the Charging Stations on the ChargePoint Network. ChargePoint shall promptly ensure that new equipment is promptly acquired to replace any equipment lost or damaged prior to activation, except to the extent arising from the negligence or willful misconduct of Operator. If Operator desires expedited shipment terms, Operator shall be responsible for all additional delivery charges.

4.2 Payment Schedule. Operator shall pay ChargePoint the Contribution Costs in the amounts and pursuant to the schedule provided on Exhibit D. “Contribution Costs” means the Equipment Installation Costs (as defined below), the costs of the Charging Stations, applicable the Cloud Plan subscriptions and Assure Plan subscription, and any other costs associated with the shipment, installation and operation of the Charging Equipment. All Contribution Costs, including, without limitation, any increase to such Contribution Costs as a result of approved Change Orders pursuant to Section 5.4, shall be due and payable as set forth on Exhibit D and in any event, net thirty (30) days from the date of invoice by ChargePoint.

4.3 Reimbursement; Timely Payment. Operator acknowledges and agrees that State Grants may reimburse the Program Reimbursement Amounts (as defined below) and that ChargePoint shall be eligible to retain all Program Reimbursement Amounts and Operator shall have no right or claim to any Program Reimbursement Amounts. Operator further acknowledges that its failure to pay ChargePoint, in accordance with this Section 4, shall constitute an “Event of Default” of this Agreement, provided however, ChargePoint may, at its sole option upon ten (10) calendar days’ prior written notice to Operator, cover a portion of the Operator’s Contribution Costs and Operator shall be fully liable to ChargePoint for such Contribution Costs, plus an additional 10% of such Contribution Costs in addition to any collection fees, including attorneys’ fees, which shall be due and payable net thirty (30) days from the date of invoice by ChargePoint.

5. INSTALLATION

5.1 Site Development Management. Operator hereby selects and appoints ChargePoint as Operator’s development manager for all purposes in connection with the installation of the Charging Equipment at each applicable Site (“Development Management”). ChargePoint will select, contract with and manage a general contractor with an A- General Engineering Contractor or B- General Building Contractor license in good standing from the Contractors State Licensing Board (“Installer”), who may use properly licensed specialty subcontractors to install the Charging Equipment at each applicable Site. The Installer shall perform and/or

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hire vendors and subcontractors to perform (i) all installation and electrical make-ready of the Charging Equipment, (ii) Site preparation, trenching, repaving, and landscaping directly related to the installation of the Charging Equipment, including any and all permitting requirements (iii) installation of any signage, and (iv) any other construction, preparation or installation work necessary or related to any of the foregoing, (collectively “Equipment Installation”). The Equipment Installation is a Public Project under Labor Code Section 1720. The Installer shall also perform and/or hire vendors and subcontractors to perform Site Design, engineering and permitting services. Unless specifically agreed to in writing by ChargePoint in advance, only the Installer may perform Equipment Installation. ChargePoint shall enter into any agreements as necessary with the Installer in connection with the Equipment Installation, provided that, subject to Operator’s reasonable review (which shall not exceed five (5) business days), such contracts shall include, at minimum, commercially reasonable warranty, indemnification, and insurance obligations, as applicable. Upon Operator’s written request, ChargePoint shall provide a copy of the executed agreement with Installer.

Operator acknowledges and agrees that all Equipment Installation shall be performed pursuant to and subject to the State Grant requirements and ChargePoint shall exclusively manage and direct the Installer so that the Equipment Installation is performed in accordance with the timing, requirements and conditions of the applicable State Grants. A non-exclusive list of ChargePoint responsibilities under this Agreement in connection with the Development Management is set forth on Exhibit E. Operator acknowledges and agrees that ChargePoint’s obligation with respect to the Development Management is to use commercially reasonable efforts to cause the Equipment Installation to be completed in accordance with the Site Design and within the time schedule set forth in the Agreement with the Installer, but that ChargePoint shall not be deemed to have given any guaranty or warranty that any of the foregoing can be accomplished and shall not be liable for the errors, omissions or breaches of contract by any other party providing goods or services in connection with the Equipment Installation, including the Installer. ChargePoint, however, shall promptly notify Operator when it reasonably anticipates that the Equipment Installation cannot be completed. Operator shall allow utility upgrades on site, including individual metering of the Charging Stations. Operator agrees to reasonably cooperate in the facilitation of the provision of electricity and any other utilities necessary to operate the Charging Equipment, including by granting (for property owned by Operator) or consenting to the granting of (for property leased by Operator) appropriate easements to local utility providers within 30 days of ChargePoint’s request. ChargePoint does not have any responsibility or liability for interruption, curtailment, failure, or defect in the supply or character of utilities furnished to facilities or equipment located in any Site.

5.2 Installation Costs. The State Grant shall provide a set amount intended to reimburse the eligible costs associated with the Charging Equipment, Site Design, and selected Equipment Installation costs (the “Equipment Installation Costs”) as set forth on Exhibit D (the “Program Reimbursement Amounts”).

ChargePoint shall provide estimated Site Design costs and Equipment Installation Costs as set forth on Exhibit D as of the Effective Date, provided however, such estimated Site Design costs and Equipment Installation Costs may be subject to change as a result of final bids received by Installers and approved Change Orders in accordance with Section 5.4. Notwithstanding the estimated Contribution Costs as set forth on Exhibit D, Operator shall be responsible for all Charging Equipment, Site Design costs, Equipment Installation Costs and Grant Implementation Costs in excess of the Program Reimbursement Amounts, in accordance with Sections

4.2 and 4.3, and all such amounts shall be due and payable by Operator within thirty (30) days of demand thereof.

5.3 Site Design Review. ChargePoint may provide Operator with designs, drawings, plans, specifications, reports, bids, proposals, construction schedules and other information related to the development of applicable Sites (collectively, the “Site Designs”). To the extent Operator is requested or required to review or approve any Site Designs by ChargePoint, Operator shall provide such review or approval within a commercially reasonable time, which in no event shall be longer than ten (10) business days after request by ChargePoint.

Failure by Operator to comment or approve any Site Designs in accordance with the preceding sentence shall be deemed approval of such Site Designs as submitted by ChargePoint. Further, Operator covenants and agrees to provide commercially reasonable assistance, and any and all information Operator may have or obtain in

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connection with the Sites, for the purpose of the Site Designs or Equipment Installation and ChargePoint shall be entitled to rely upon the accuracy and completeness of any such information provided. ChargePoint shall be responsible for scheduling all Equipment Installation activities. Such Equipment Installation schedule shall be binding unless Operator provides at least twenty (20) business days’ prior written notice of any need to reschedule. ChargePoint will use commercially reasonable efforts to provide at least two (2) business days’ prior written notice of any need to reschedule such Equipment Installation. Operator and ChargePoint shall work together in good faith to enable timely Equipment Installation schedules and meet all applicable State Grant performance or installation requirements and associated deadlines. Operator acknowledges and agrees that the Site Design and Equipment Installation is subject to the terms of the State Grants and Operator shall be liable to maintain each Site in full conformance with the terms of the State Grants in addition to all applicable federal, state, and local electrical and building codes for construction, including applicable accessibility requirements.

5.4 Change Orders. After commencing Equipment Installation, the Installer may identify a need for additions, deletions, or revisions required for successful Equipment Installation. Such changes shall be provided as a written change order (“Change Order”), itemized and signed by Installer. If such Change Order increases or decreases the Equipment Installation Costs beyond the applicable Program Reimbursement Amount, ChargePoint shall submit such Change Order to Operator and if Operator does not reject such Change Order within five (5) business days thereof, such Change Order will be deemed approved by Operator. If Operator rejects a Change Order, such rejection shall indicate with specificity the reasons for rejection, provided however, if such Change Order is required in order to comply with any applicable State Grant requirement, such Change Order may not be rejected by Operator. ChargePoint and Operator agree to confer in good faith to review any rejected Change Order to resolve any bona fide dispute within ten (10) calendar days after such Change Order is rejected by Operator. Pursuant to Section 5.2, Operator shall pay for all approved, non-rejected or required Change Order costs in addition to previously agreed Equipment Installation Costs.

5.5 Site Access. Operator shall provide or secure for ChargePoint, the Installer and their respective representatives and subcontractors a right of entry and access at the Sites as needed by ChargePoint and the Installer and necessary in order for ChargePoint and the Installer to perform Equipment Installation and any related tasks under this Agreement. In the event that the Operator does not own or control an applicable Site, Operator shall obtain permission from the Site Host for a right of entry as needed by ChargePoint, the Installer, and their respective representatives and subcontractors to perform the work under this Agreement.

6. INTELLECTUAL PROPERTY. Notwithstanding anything to the contrary herein, as between ChargePoint and Operator, ChargePoint shall retain all ownership of all Intellectual Property Rights in the Charging Stations. Except for the rights expressly granted herein, nothing in this Agreement shall convey, license, or otherwise transfer any right, title, or interest in any Intellectual Property Rights or other proprietary rights held by ChargePoint or Operator. Each Party reserves all rights not specifically granted to the other Party under this Agreement, and no licenses or other rights to Intellectual Property Rights are granted by implication, estoppel or otherwise.

7. CONFIDENTIALITY.

7.1 Non-Disclosure. The Parties acknowledge that they will have access to certain non-public information and materials concerning each other’s business and products that are confidential and of substantial value to the disclosing Party (the “Confidential Information”), which would be impaired if such Confidential Information was disclosed to third parties. The Parties agree that the terms and conditions of this Agreement are the Confidential Information of each Party. Each Party agrees that it will not use such Confidential Information of the other Party, except in performance of this Agreement or disclose such Confidential Information to third parties except as required by applicable law, including the California Public Records Act, and provided the receiving Party uses reasonable efforts to give the disclosing Party reasonable notice of such required disclosure. Each Party will also take every reasonable precaution to protect the Confidential

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Information of the other Party. For purposes of the foregoing obligations, Confidential Information does not include information that (i) was rightfully known to the receiving Party prior to its receipt, (ii) is or becomes publicly available without breach of this Agreement or wrongful act of the receiving Party, (iii) is received by receiving Party without an obligation of confidentiality and without breach of this Agreement, or (iv) is developed independently by the receiving Party without using Confidential Information of the disclosing Party. The Parties acknowledge and agree that this Section 7 shall not apply to any information, including Charging Information, this Agreement or any Exhibit hereto, that ChargePoint is obligated to requested to provide to any third party, including any State Authorities, pursuant to the State Grants.

8. REPRESENTATONS AND WARRANTIES. Each Party hereby represents and warrants to the other that:

8.1 Each Party is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and has all requisite power and authority to execute, deliver and perform its obligations under this Agreement.

8.2 The execution, delivery and performance by each Party of this Agreement have been duly authorized by all necessary corporate action, and do not and will not require any further consents or approvals which have not been obtained, or materially violate any provision of any applicable law or the State Grant.

8.3 There are no material actions or proceedings pending or, to each Party’s knowledge, threatened before any court or agency or any material outstanding unsatisfied judgment that will have a material adverse effect on such Party’s ability to perform its obligations hereunder.

8.4 Neither Party is insolvent, has not filed or had filed against it a petition in bankruptcy, has not made an assignment for the benefit of creditors or otherwise had a receiver or trustee appointed with respect to its properties or affairs and has not incurred any obligations or liabilities, contingent or otherwise, which would cause it to become insolvent.

8.5 This Agreement is the legal, valid and binding obligation of each Party, enforceable against such party in accordance with its terms and applicable law except as enforceability may be limited by bankruptcy, reorganization, insolvency, moratorium and other laws affecting creditors’ rights in general and except to the extent that the availability of equitable remedies is subject to the discretion of the court before which any proceeding therefor may be brought.

9. INDEMNIFICATION.

9.1 Indemnification. Each Party and its Affiliates (the “Indemnifying Party”) hereby agrees to indemnify, defend and hold harmless the other Party and its Affiliates and its and their respective employees, officers, directors, and agents (the “Indemnified Parties”) from and against any and all third party claims, actions, proceedings, costs, liabilities, damages, losses and expenses (including, but not limited to, reasonable outside attorneys’ fees and costs) (collectively, “Claims”) suffered or incurred by such Indemnified Parties resulting from or arising out of (i) any breach of any representation or covenant contained in this Agreement by the Indemnifying Party, (ii) any act or omissions by an Indemnifying Party in connection with, relating to, or resulting from any violation or breach of the terms, conditions rules or regulations of any Applicable Program, (iii) any fines or penalties arising from a violation of applicable laws or any Applicable Program by the Indemnifying Party, (iv) grossly negligent or tortious acts, errors, or omissions by the Indemnifying Party, or (v) intentional acts or willful misconduct, in each case by or of the Indemnifying Party, excepting only such Claims to the extent caused by the willful misconduct or gross negligence of the Indemnified Party;

9.2 Indemnification Procedure. An Indemnified Party will promptly notify in writing the Indemnifying Party of the Claim, provided that a Indemnified Party’s failure to promptly notify the Indemnifying Party shall not release, waive or otherwise affect the Indemnifying Party of its indemnification obligations hereunder,

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except to the extent that such failure prevents the Indemnifying Party from defending the Claim. The Indemnifying Party, on behalf of the Indemnified Party, shall have the right to elect to assume control over the defense of the Claim with counsel reasonably acceptable to the Indemnified Party, provided that the costs and expenses incurred by the Indemnified Party in connection with such defense (including reasonable outside attorneys’ fees, other professionals’ and experts’ fees and court or arbitration costs) shall be paid by the Indemnifying Party. In the event of a conflict of interest between the Indemnifying Party and the Indemnified Party as to the defense of any Claim for which indemnification is required hereunder, the Indemnified Party may engage counsel of its own choice to participate in the defense of such Claim (which counsel shall be reasonably satisfactory to the Indemnifying Party) at the expense of the Indemnifying Party. The Indemnifying Party shall not, without the Indemnified Party’s prior written consent, settle a Claim if such settlement arises from or is part of any criminal action, suit or proceeding or contains a stipulation to or admission or acknowledgment of, any liability or wrongdoing (whether in contract, tort or otherwise) on the part of the Indemnified Party. Each such settlement shall include a full and unconditional release of the Indemnified Party. If an Indemnifying Party fails to promptly defend the Claim, the Indemnified Party shall have the right to defend the Claim at the Indemnifying Party’s sole cost and expense.

10. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES; LIMITATION OF LIABILITY.
(A) REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS

ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL EITHER PARTY BE LIABLE

FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS

INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,

INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE

THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO

USE THE CHARGEPOINT NETWORK, ANY CHARGEPOINT SERVICES, ABILITY TO USE

ANY SITE, THIS AGREEMENT, A STATE GRANT OR RECEIPT OF RIGHTS OR

OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR CLAIMED WARRANTIES NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT.
(B) THE PARTIES ACKNOWLEDGE AND AGREE THAT:

I. THE AGGREGATE TOTAL LIABIITY FOR CHARGEPOINT HEREUNDER, INCLUDING

ANY INDEMNIFICATION OBLIGATIONS AND DEFENSE OF ANY AND ALL CLAIMS ON THE

PART OF CHARGEPOINT, SHALL NOT EXCEED THE VALUE OF ALL AMOUNTS PAID (OR

PAYABLE) TO CHARGEPOINT BY OPERATOR UNDER THIS AGREEMENT IN THE PREVIOUS

TWELVE MONTHS FROM THE DATE THAT A CAUSE OF ACTION GIVING RISE TO SUCH

LIABILITY ARISES, PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION OF LIABILITY

SHALL NOT APPLY TO ANY LIABILITY OF CHARGEPOINT DUE TO ANY FRAUD, GROSS

NEGLIGENCE, OR WILLFUL MISCONDUCT ON THE PART OF CHARGEPOINT II. THE AGGREGATE TOTAL LIABILITY FOR OPERATOR HEREUNDER, INCLUDING

INDEMNIFICATION OBLIGATIONS AND DEFENSE OF ANY AND ALL CLAIMS ON THE PART OF

OPERATOR, SHALL NOT EXCEED THE CONTRIBUTION COST REQUIRED OF OPERATOR

UNDER EXHIBIT D, PROVIDED THAT THE FOREGOING LIMITATION OF LIABILITY SHALL NOT

APPLY TO ANY LIABILITY OF OPERATOR DUE TO (A) ANY FRAUD, GROSS NEGLIGENCE, OR

WILLFUL MISCONDUCT ON THE PART OF OPERATOR, AND (B) ANY PROGRAM PENALTY (AS DEFINED IN SECTION 12.4.1).

11. DISCLAIMER.

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EXCEPT FOR THOSE TASKS REQUIRED UNDER TASK 4 IN THE CALIFORNIA ENERGY COMMISSION GRANT #ARV-22-007 SCOPE OF WORK THAT ARE PERFORMED BY

CHARGEPOINT UNDER THE ASSURE PLAN AND EXCLUDED FROM THE FOLLOWING

DISCLAIMERS, CHARGEPOINT MAKES NO WARRANTY WITH RESPECT TO THE

PERFORMANCE OF THE CHARGING STATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. CHARGEPOINT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES,

INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF

THIRD-PARTY RIGHTS BY THE CHARGING STATIONS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHARGEPOINT DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF CHARGING STATIONS.

ALL SERVICES PROVIDED HEREUNDER ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO

OTHER CHARGEPOINT REPRESENTATION, WARRANTY, PROMISE OR GUARANTEE OF ANY

KIND, EITHER EXPRESS OR IMPLIED, IS INCLUDED OR INTENDED BY THIS AGREEMENT OR

IN ANY PROPOSAL, CONTRACT, REPORT, STATEMENT OF WORK OR OTHER DOCUMENT IN

CONNECTION WITH THE SERVICES THAT IS PROVIDED BY CHARGEPOINT, AND

CHARGEPOINT SPECIFICALLY DISCLAIMS ALL OTHER SUCH WARRANTIES, INCLUDING THE

WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR

PURPOSE OR USE AND COMPLIANCE WITH ANY FEDERAL, STATE, AND LOCAL

ENVIRONMENTAL PROTECTION, POLLUTION, HEALTH AND SAFETY OR LAND USE LAWS,

RULES, REGULATIONS, ORDINANCES, ORDERS, REQUIREMENTS OR COMMON LAW AND REGULATIONS PROMULGATED UNDER ANY OF THE FOREGOING.

12. TERM AND TERMINATION.

12.1 Term. This Agreement shall commence on the Effective Date and continue until the end of the last Commitment Period. Notwithstanding the foregoing however, in the event the State Grant applicable to a Site is cancelled, terminated, or the State Authority fails to approve any Site for inclusion or participation in any State Grant, all provisions in this Agreement related to administration of such State Grants as set forth in Section 2 and Section 3 for such Site shall immediately be cancelled and terminated with respect to such Site, provided however, that Operator shall remain obligated for all payments to ChargePoint upon request of any amounts due and owning under this Agreement with respect to such Site and Operator shall remain liable for payment in full of any such amounts notwithstanding anything to the contrary herein.

12.2 Termination for Breach. “Event of Default” shall mean any of the following: (i) monetary default under this Agreement by Operator, which default is not cured within 5 days after written notice by ChargePoint, (ii) non-monetary default under this Agreement by Operator, which default is not cured within 30 days after written notice by ChargePoint, and (iii) any breach of any provision of this Agreement by Operator which is a violation of applicable laws. Upon the occurrence of an Event of Default, then, in addition to any other applicable remedies hereunder, ChargePoint shall have the right upon notice to immediately terminate this Agreement upon written notice to Operator, without any further obligation or liability. Failure of ChargePoint to immediately terminate this Agreement upon the occurrence of an Event of Default shall not constitute a waiver of ChargePoint’s right to terminate. If Operator repeatedly breaches any of its obligations under this Agreement, whether or not (i) the effect thereof could reasonably be considered material or (ii) such repeated breaches were cured, then ChargePoint may, by giving notice to Operator, terminate this Agreement as of the termination date specified in such notice without regard to any applicable cure period.

12.3 Termination for Insolvency. At the option of the non-insolvent Party, this Agreement shall terminate immediately if the other Party: (a) admits in writing its insolvency or its inability to pay its debts generally as they become due; (b) files a petition or answer seeking reorganization or liquidation under any provision of any federal or state bankruptcy or insolvency laws; (c) makes an assignment for the benefit of creditors; (d) consents to the appointment of a receiver for all or any substantial part of its assets; (e) has a petition in

10 ChargePoint Confidential Information
bankruptcy filed against it, and such petition is not dismissed within ninety (90) days after the filing thereof; (f) has an order, judgment or decree appointing a receiver for all or any substantial part of such Party’s assets entered against it by a court of competent jurisdiction; or (g) has all or any substantial part of its assets become subject to the custody or control of a court of competent jurisdiction under the provisions of any other law for the relief or aid of debtors and such custody or control is not terminated or stayed within sixty (60) days from the date of the court’s assumption of such custody or control. The occurrence of any of the events described in the immediately preceding sentence shall also constitute a material breach of this Agreement.

12.4 Remedies.

12.4.1 In the event of any termination of this Agreement pursuant to Section 12.2 or 12.3, prior to the occurrence of the end of the last Commitment Period, in addition to any other remedies available to ChargePoint hereunder, including any remedies as set forth in Section 9, Operator shall be obligated to pay to ChargePoint an amount equal to the aggregate of the Program Reimbursement Amounts for each Site still subject to any Commitment Period (the “Program Penalty”). The Parties agree the Program Penalty is fair and reasonable, considering the damages that ChargePoint would sustain as a result of Operator’s failure to adhere to the restrictions as set forth in Section 3, and the Program Penalty is agreed upon and fixed as liquidated damages, and not as a penalty, because of the difficulty of ascertaining the exact amount of damages that ChargePoint would sustain as the result of Operators breach of its obligations as set forth in Section 3. The application of any Program Penalty hereunder shall be assessed, determined and calculated on a Site-by-Site basis.

12.5 Survival. Those provisions dealing with Intellectual Property Rights, limitations of liability and disclaimers, governing law and those other provisions which by their nature or terms are intended to survive the termination of this Agreement will remain in full force and effect as between the Parties regardless of the termination of this Agreement. The termination of this Agreement will not relieve either Party of any liability under this Agreement that accrued before such termination.

13. GENERAL

13.1 Assignment. Neither Party may assign, delegate, or transfer this Agreement or any of its rights or duties hereunder, without the prior written consent of the other Party. Any attempted assignment or delegation in violation of this section shall be void. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties, their successors and permitted assigns. Notwithstanding the foregoing, either Party may assign its rights and duties hereunder in connection with a merger, acquisition, stock sale, or sale of all or substantially all of its assets (a “Change of Control”); provided however, the forgoing shall only apply to Operator in the event the third-party acquiring Operator in connection with any such Change of Control assumes, in writing, all the rights and obligations of Operator hereunder prior to the consummation of such Change of Control.

13.2 Counterparts. This Agreement may be executed in one or more counterparts, including by electronic signature or email delivery, each of which shall be deemed an original, but all of which, taken together, shall constitute but one and the samedocument.

13.3 Entire Agreement. This Agreement and the Exhibits constitute the entire agreement between the Parties regarding the subject matter hereof and supersedes and replaces any prior or contemporaneous agreements, understandings and negotiations regarding the same between the Parties and all past dealings or industry customs.

13.4 Force Majeure. “Force Majeure” means any act of God, fire, natural disaster, earthquake, accident, act of government, or an act that is beyond the reasonable control of either Party. Neither Party will be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach

11 ChargePoint Confidential Information
are delayed or prevented by reason of Force Majeure, provided that such Party gives the other Party written notice thereof promptly and, in any event, within thirty (30) days after discovery thereof and uses its best efforts continue to so perform or cure. In the event of Force Majeure, the time for performance or cure will be extended for a period equal to the duration of the Force Majeure.

13.5 Governing Law. This Agreement shall be governed by the laws of the State of California (other than its conflicts of law principles). The Parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Sonoma County, California.

13.6 Independent Contractors. In performing their respective duties under this Agreement, each of the Parties will be operating as an independent contractor. Nothing contained herein will in any way constitute any association, partnership, or joint venture between the Parties, or be construed to evidence the intention of the Parties to establish any such relationship. Neither Party will have the power to bind the other Party or incur obligations on the other Party’s behalf without the other Party’s prior written consent.

13.7 Notices. Any required or permitted notices hereunder must be given in writing at the address of each Party set forth below, or to such other address as either Party may substitute by written notice to the other in the manner contemplated herein, by one of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; nationally-recognized private express courier; or electronic mail (e-mail) with confirmation of delivery (provided if sent by e-mail, such notice is also sent within one (1) Business day by one of the other methods set forth in this Section 13.7). Notices will be deemed given on the date received.

ChargePoint: Operator:

ChargePoint, Inc. City of Ukiah, Electric Department
240 East Hacienda Ave. 300 Seminary Ave.

Campbell, Ca. 95008-6918 Ukiah, CA. 954582
Attn: General Counsel Attn: Sage Sangiacomo
Email: [email protected] Email: [email protected]

13.8 Severability. If any term or provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

13.9 Modification and Waiver. This Agreement may not be modified except by a written agreement signed by both ChargePoint and Operator. The failure of a Party to insist on strict performance of any provision of this Agreement does not constitute a waiver of, or estoppel against asserting, the right to require performance in the future. A waiver or estoppel given in any one instance does not constitute a waiver or estoppel with respect to a later obligation or breach.

13.10 Headings. The headings and captions are included for reference purposes only and do not affect the interpretation of the provisions hereof.

13.11 Publicity. Neither Party may make press releases or other public announcements relating to the subject matter of this Agreement without the prior written consent of the other Party.

13.12 Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring either Party by virtue of the authorship of any of the provisions of this Agreement.

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[Remainder of Page Intentionally Left Blank]

13 ChargePoint Confidential Information
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the Effective Date by their duly authorized representatives.

CHARGEPOINT, INC. THE CITY OF UKIAH
Signature: Signature:

Name: Name: Sage Sangiacomo
Title: Title: City Manager
Date: ____________________________ Date: ____________________________

14 ChargePoint Confidential Information
EXHIBIT A-1
State Grant Site
California Energy Commission Rural Electric
Vehicle Charging Grant #ARV-22-007 (“CEC
REV Grant”)
Downtown Ukiah Parking Lot - 289 North Main
Street, Ukiah, CA, 95482; APN: 002-192-01
CEC REV Grant Anton Stadium - 558 Park Blvd, Ukiah, CA 95482 CEC REV Grant Ukiah Skate Park - 1043 Low Gap Rd, Ukiah, CA 95482

15 ChargePoint Confidential Information
EXHIBIT A-2
State Grants
Operator acknowledges and agrees it has received and reviewed the State Grant ARV-22-007 between ChargePoint, Inc. and California Energy Commission (“CEC”) made effective on 1/25/23 (“CEC REV Grant”).

16 ChargePoint Confidential Information

17 ChargePoint Confidential Information

EXHIBIT B
State Grant Specific Restrictions
B-1: State Grant Specific Restrictions for CEC REV Grant.

1. Commitment Period. Operator shall keep the Charging Equipment operational and connected to the ChargePoint Network, and make the Charging Equipment accessible to the public, clear of snow, and well-lit, twenty-four (24) hours a day for three hundred sixty-five (365) days a year, for a period of five (5) years commencing on the date the Charging Equipment is made available for charging.

2. Pricing Policy Operator acknowledges and agrees that the purpose of any fees charged by Operator for use of the Charging Equipment by drivers (“Charging Fees”) is to make a reasonable rate of return on Operator’s capital investment and operational expenses, including electricity costs. The Charging Fees shall be comparable to other public charging fees in the area near the applicable Site.

Publicity

1. Publicity. ChargePoint will collaborate with an outreach partner to host an event to educate the public about the new Charging Stations. If requested by ChargePoint, Operator shall allow one publicity event at a Site at a mutually-agreed upon date and time. ChargePoint may post social media announcements, blogs or images about the Charging Stations.

2. Publishing Charger Locations. Operator shall permit ChargePoint to display the Charging Equipment on its online map of publicly available charging locations. The location of the Charging Equipment may also be published on other online platforms such as Google Maps, Apple Maps, PlugShare and the U.S. Department of Energy’s Alternative Fuels Data Center.

Weights and Measures Regulations

1. Charging Equipment Registration. Operator shall register Charging Equipment with the applicable county government within three (3) business days of Substantial Completion and ongoing as needed to meet the requirements of the California Business and Professional Code, Division 5 "Weights and Measures", Chapter 5.5, Article 2. Operator shall be responsible for any costs associated with such registration.

18 ChargePoint Confidential Information

EXHIBIT C
Non-Exclusive List of Charging Information required by State Grants C-1: Non-Exclusive List of Charging Information required by CEC REV Grant.

Data may be reported in aggregate or at the individual Site level, individual charging port level, individual charging session level, or other level of granularity.
o Site address
o Location type, such as street, parking lot, hotel, restaurant, or multi-unit housing o Charging station identifier
o Charging port identifier
o Construction drawings
o Permits
o Final inspection cards
o As-built Drawings
o Utility interconnection information
o Easements
o Photographs of Site(s)
o Costs of Site acquisition, Charging Equipment acquisition and installation, distributed energy resource acquisition and installation, utility distribution and system upgrades, utility service
o Total cost per charger, the subsidy from the CEC per charger, federal subsidy per charger, utility subsidy per charger, and privately funded share per charger. o Name and address of entities involved with installation, operation or maintenance of chargers; participation status of these entities in any state or local business opportunity certification programs
o Distributed energy resource installed capacity, in kW or kWh as appropriate, of asset by type (e.g., stationary battery, solar, etc.)
o Current and planned use of renewable energy at the facility o Energy efficiency measures used in the facility that may exceed Title 24 standards in Part 6 of the California Code Regulations.
o Data on potential job creation, economic development, and increased state revenue as a result of expected future expansion.
o Other information created, shared or developed pursuant to the Installation of Charging Equipment
o Applicable price for charging, including but not limited to: electric utility tariff, electric vehicle service provider (EVSP) service contract, or public charger price. o Number, type, date, and location of chargers installed

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o Nameplate capacity of the installed equipment, in kW for chargers o Number and type of outlets per charger
o Number of charging sessions
o Charging session start and end times
o Duration of charging session
o Duration of active charging
o Charging session error codes
o Energy dispensed (kWh)
o Peak or average power by port (kW)
o Pricing policies
o Payment method
o Driver fees collected
o Energy delivered back to grid or facility if a bidirectional charging use case (kWh) o Normal operating hours and charging station port uptime, downtime, and explanations of variations
o Duration of each outage
o Maintenance and repair cost per charging station
o Types of vehicles using the charging equipment
o Connector types used
o Gallons of gasoline and/or diesel fuel displaced
o Greenhouse gas emissions reduced
o Quantified estimate of the project’s carbon intensity values for life-cycle greenhouse gas emissions.
o Other data collected by ChargePoint’s Network associated with usage of Charging Equipment

EXHIBIT D
Contribution Costs, Payment Schedule and Payment Terms
D-1: Contribution Costs, Payment Schedule and Payment Terms for CEC REV Grant.

Contribution Costs

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Site Name: Downtown Ukiah Parking Lot
Site Address: 289 North Main Street, Ukiah, CA, 95482
Cost
Category Itemized Costs Quantity Contribution Cost ($)(2) Program
Reimbursement
Amount ($)(1)
Charging
Stations
EXPP-PL202X1BC-6A1S1-
6A1S 1 $46,900.00 $0.00
Charging
Stations
EXPP-PL202X1BC-6A1S1-
2A3S1 1 $44,500.00 $0.00
Charging
Stations EXPP-PB1000-350A-PD 4 $171,140.00 $0.00
Charging
Stations EXPP-PM-40KW 20 $100,000.00 $100,000.00
Charging
Stations CP6021B-50A-L5.5 1 $8,500.00 $0.00
Charging
Stations
Sales Tax on ChargePoint
Hardware (8.88%)(2) N/A $41,828.35 $0.00
Cloud Plan CPCLD-ENTERPRISEEXPP-5 4 $27,000.00 $0.00
Cloud Plan CPCLD-ENTERPRISE-5 2 $4,320.00 $0.00
Assure Plan EXPP-PL2000-DUALASSURE-5 2 $19,900.00 $0.00 Assure Plan EXPP-BLOCK-ASSURE-5 4 $116,000.00 $0.00
Assure Plan CP6000-ASSURE-5 1 $1,700.00 $0.00
Miscellaneous Signage 6 $390.00 $0.00
Shipping Shipping 1 $1,400.00 $0.00
Site Design Site Design 1 $0.00 $17,000.00
Permits Permits 1 $2,500.00 $0.00
Equipment
Installation Site Installation 1 $0.00 $289,720.60
Equipment
Installation Utility Interconnection 1 $0.00 $69,059.22 Equipment
Installation
EXPP-PL2000-
COMMISSIONING 2 $1,700.00 $0.00
Equipment
Installation
EXPP-BLOCKCOMMISSIONING 4 $6,800.00 $0.00
Equipment
Installation CPSUPPORT-ACTIVE 3 $1,047.00 $0.00
Site Total N/A N/A $595,625.35 $475,779.82
(1) Amounts are estimated and subject to repayment terms under the applicable State Grant. (2) Amounts are estimated and subject to change.

Site Name: Anton Stadium
Site Address: 558 Park Blvd, Ukiah, CA 95482

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Cost Category Itemized Costs Quantity Contribution
Cost ($)(2)
Program
Reimbursement
Amount ($)(1)
Charging
Stations CP6021B-50A-L5.5 3 $25,500.00 $0.00
Charging
Stations
Sales Tax on
ChargePoint Hardware
(8.88%)(2)
N/A $2,264.40 $0.00
Cloud Plan CPCLDENTERPRISE-5 6 $12,960.00 $0.00
Assure Plan CP6000-ASSURE-5 3 $5,100.00 $0.00
Miscellaneous Signage 6 $390.00 $0.00
Shipping Shipping 3 $1,200.00 $0.00
Site Design Site Design 1 $0.00 $11,000.00
Permits Permits 1 $1,500.00 $0.00
Equipment
Installation Site Installation 1 $0.00 $73,882.51
Equipment
Installation Utility Interconnection 1 $0.00 $41,756.51 Equipment
Installation
CPSUPPORTACTIVE 3 $1,047.00 $0.00
Site Total N/A N/A $49,961.40 $126,639.02
(1) Amounts are estimated and subject to repayment terms under the applicable State Grant. (2) Amounts are estimated and subject to change.

Site Name: Ukiah Skate Park
Site Address: 1043 Low Gap Rd, Ukiah, CA 95482
Cost Category Itemized Costs Quantity Contribution
Cost ($)(2)
Program
Reimbursement
Amount ($)(1)
Charging Stations CP6021B-50A-L5.5 3 $25,500.00 $0.00
Charging Stations
Sales Tax on
ChargePoint Hardware
(8.88%)(2)
N/A $2,264.40 $0.00
Cloud Plan CPCLDENTERPRISE-5 6 $12,960.00 $0.00
Assure Plan CP6000-ASSURE-5 3 $5,100.00 $0.00
Miscellaneous Signage 6 $390.00 $0.00
Shipping Shipping 3 $1,200.00 $0.00
Site Design Site Design 1 $0.00 $11,000.00
Permits Permits 1 $1,500.00 $0.00
Equipment
Installation Site Installation 1 $0.00 $58,689.64

22 ChargePoint Confidential Information
Equipment
Installation Utility Interconnection 1 $0.00 $42,638.31 Equipment
Installation CPSUPPORT-ACTIVE 3 $1,047.00 $0.00
Site Total N/A N/A $49,961.40 $112,327.95
(1) Amounts are estimated and subject to repayment terms under the applicable State Grant. (2) Amounts are estimated and subject to change.

Contribution Cost ($)(2) Program Reimbursement Amount ($)(1) Total for all Sites $695,548.15 $714,746.79
(1) Amounts are estimated and subject to repayment terms under the applicable State Grant. (2) Amounts are estimated and subject to change.

Payment Schedule and Terms
Cost Category Invoice Date or Milestone Payment Terms
Charging Stations On an individual Site basis, 100% of
Charging Station costs invoiced upon
shipping.

Net 30 days from
invoice
Cloud Plan On an individual Site basis, 100% of
Cloud Plan costs invoiced upon
Substantial Completion.

Net 30 days from
invoice
Assure Plan On an individual Site basis, 100% of
Assure Plan costs invoiced upon
Substantial Completion.

Net 30 days from
invoice
Miscellaneous On an individual Site basis, 100% of
Miscellaneous costs invoiced upon
shipping
Net 30 days from
invoice
Shipping On an individual Site basis, 100% of
Shipping costs invoiced upon shipping
Net 30 days from
invoice
Site Design and Permits Upon Effective Date, 100% of Site Design and Permit costs invoiced.

Net 30 days from
invoice
Equipment Installation On an individual Site basis, 80% of Equipment Installation Costs (including
Site Installation, Utility Interconnection,
Power Link Commissioning, Power
Block Commissioning, and Station
Activation)invoiced 45 days prior to
Commencement of Construction. 20%
of Equipment Installation Costs,
plus/minus any change orders invoiced
upon Substantial Completion.

Net 30 days from
invoice

23 ChargePoint Confidential Information

24 ChargePoint Confidential Information

EXHIBIT E
List ChargePoint responsibilities for Development Management services ChargePoint may perform one or more of the following activities in the role of Development Manager.

ChargePoint may engage one or more qualified contractors to perform these tasks.

1. Utility Application
a. Due Diligence: Determine whether the existing electrical service is sufficient, or a new electrical service is required, by comparing the charger Site layout and power needs with the facility electrical drawings and photos of electrical panels. b. New Service Support: If new or increased electrical service is required, engage the relevant utility to determine availability of electrical grid capacity, correct service voltage, potential lead times for utility design and new electrical service construction, estimated fees (if applicable), and contractor responsibilities.
c. Utility Application: Assist the Operator in completing any utility application.

2. On-site Technical Assessment
a. Site Due Diligence: Assessment of on-site electrical equipment including switchgear, utility service and point of interconnection.
b. Map of Site Conditions: Draft a map of Site conditions including ADA and AHJ requirements, location of switchgear, utility service, interconnections, and transformers. c. Topographical map: Topographical heat map and slope readings of parking areas surrounding desired charging equipment locations where legally permissible.

3. Contractor Procurement
a. Bid Package Development: Create standardized bid package including Construction Contract that contains provisions required by and requires the contractor to comply with prevailing wage requirements in Part 7 of the California Labor Code and implementing regulations, Site design requirements, equipment specifications and timelines. Invite qualified contractors to bid process.
b. Award: Evaluate and compare bids from contractors.
c. Pricing & Scope Negotiation: Negotiate pricing and scope for the final contract with the selected contractor (“Installer”).
d. Execute Installer Contract: Execute contract with the Installer, to include any relevant flowdown requirements from State Grants.

4. Design and Permitting
a. Design: Prepare construction drawings, including electrical single-line diagram. b. Permitting: Confirm Installer secures necessary permits from AHJ.

5. Construction Management
a. Project Coordination: Manage construction kick-off meeting; Regularly scheduled coordination meetings with contractor and Operator based on agreed-on cadence; Maintain running punch list of outstanding construction actions; Manage and track schedules; Manage issues which may impact the schedule or the budget; Track project costs; Analyze and evaluate Installer change orders
b. Construction Management: Coordinate with Installer on procurement of long lead time equipment (switchgear, transformers, EVSE, etc.); Permitting Coordination with contractor; Virtual inspections with Installer/Operator-supplied images; On-site rough inspection visit before trench backfill and wiring, if needed; Manage logistics of ChargePoint Charging Station delivery; Coordinate with Installer to schedule utility upgrades and energization;

25 ChargePoint Confidential Information
Project management installation and commissioning of ChargePoint charging stations; Work with Installer to ensure final punch list is completed and project passes final inspection by the AHJ; Coordination of close-out and transfer of Electric Vehicle Charging Equipment ownership.

EXHIBIT A-1
State Grant Site
California Energy Commission Rural Electric
Vehicle Charging Grant #ARV-22-007 (“CEC
REV Grant”)
Downtown Ukiah Parking Lot - 289 North Main
Street, Ukiah, CA, 95482; APN: 002-192-01
CEC REV Grant Anton Stadium - 558 Park Blvd, Ukiah, CA 95482 CEC REV Grant Ukiah Skate Park - 1043 Low Gap Rd, Ukiah, CA 95482
Attachment 2

2 ChargePoint Confidential Information
EXHIBIT A-2
State Grants
Operator acknowledges and agrees it has received and reviewed the State Grant ARV-22-007 between ChargePoint, Inc. and California Energy Commission (“CEC”) made effective on 1/25/23 (“CEC REV Grant”).

3 ChargePoint Confidential Information

4 ChargePoint Confidential Information

EXHIBIT B
State Grant Specific Restrictions
B-1: State Grant Specific Restrictions for CEC REV Grant.

1. Commitment Period. Operator shall keep the Charging Equipment operational and connected to the ChargePoint Network, and make the Charging Equipment accessible to the public, clear of snow, and well-lit, twenty-four (24) hours a day for three hundred sixty-five (365) days a year, for a period of five (5) years commencing on the date the Charging Equipment is made available for charging.

2. Pricing Policy Operator acknowledges and agrees that the purpose of any fees charged by Operator for use of the Charging Equipment by drivers (“Charging Fees”) is to make a reasonable rate of return on Operator’s capital investment and operational expenses, including electricity costs. The Charging Fees shall be comparable to other public charging fees in the area near the applicable Site.

Publicity

1. Publicity. ChargePoint will collaborate with an outreach partner to host an event to educate the public about the new Charging Stations. If requested by ChargePoint, Operator shall allow one publicity event at a Site at a mutually-agreed upon date and time. ChargePoint may post social media announcements, blogs or images about the Charging Stations.

2. Publishing Charger Locations. Operator shall permit ChargePoint to display the Charging Equipment on its online map of publicly available charging locations. The location of the Charging Equipment may also be published on other online platforms such as Google Maps, Apple Maps, PlugShare and the U.S. Department of Energy’s Alternative Fuels Data Center.

Weights and Measures Regulations

1. Charging Equipment Registration. Operator shall register Charging Equipment with the applicable county government within three (3) business days of Substantial Completion and ongoing as needed to meet the requirements of the California Business and Professional Code, Division 5 "Weights and Measures", Chapter 5.5, Article 2. Operator shall be responsible for any costs associated with such registration.

5 ChargePoint Confidential Information

EXHIBIT C
Non-Exclusive List of Charging Information required by State Grants C-1: Non-Exclusive List of Charging Information required by CEC REV Grant.

Data may be reported in aggregate or at the individual Site level, individual charging port level, individual charging session level, or other level of granularity.
o Site address
o Location type, such as street, parking lot, hotel, restaurant, or multi-unit housing o Charging station identifier
o Charging port identifier
o Construction drawings
o Permits
o Final inspection cards
o As-built Drawings
o Utility interconnection information
o Easements
o Photographs of Site(s)
o Costs of Site acquisition, Charging Equipment acquisition and installation, distributed energy resource acquisition and installation, utility distribution and system upgrades, utility service
o Total cost per charger, the subsidy from the CEC per charger, federal subsidy per charger, utility subsidy per charger, and privately funded share per charger. o Name and address of entities involved with installation, operation or maintenance of chargers; participation status of these entities in any state or local business opportunity certification programs
o Distributed energy resource installed capacity, in kW or kWh as appropriate, of asset by type (e.g., stationary battery, solar, etc.)
o Current and planned use of renewable energy at the facility o Energy efficiency measures used in the facility that may exceed Title 24 standards in Part 6 of the California Code Regulations.
o Data on potential job creation, economic development, and increased state revenue as a result of expected future expansion.
o Other information created, shared or developed pursuant to the Installation of Charging Equipment
o Applicable price for charging, including but not limited to: electric utility tariff, electric vehicle service provider (EVSP) service contract, or public charger price. o Number, type, date, and location of chargers installed o Nameplate capacity of the installed equipment, in kW for chargers

6 ChargePoint Confidential Information
o Number and type of outlets per charger
o Number of charging sessions
o Charging session start and end times
o Duration of charging session
o Duration of active charging
o Charging session error codes
o Energy dispensed (kWh)
o Peak or average power by port (kW)
o Pricing policies
o Payment method
o Driver fees collected
o Energy delivered back to grid or facility if a bidirectional charging use case (kWh) o Normal operating hours and charging station port uptime, downtime, and explanations of variations
o Duration of each outage
o Maintenance and repair cost per charging station
o Types of vehicles using the charging equipment
o Connector types used
o Gallons of gasoline and/or diesel fuel displaced
o Greenhouse gas emissions reduced
o Quantified estimate of the project’s carbon intensity values for life-cycle greenhouse gas emissions.
o Other data collected by ChargePoint’s Network associated with usage of Charging Equipment

EXHIBIT D
Contribution Costs, Payment Schedule and Payment Terms
D-1: Contribution Costs, Payment Schedule and Payment Terms for CEC REV Grant.

Contribution Costs
Site Name: Downtown Ukiah Parking Lot

7 ChargePoint Confidential Information
Site Address: 289 North Main Street, Ukiah, CA, 95482
Cost
Category Itemized Costs Quantity Contribution Cost ($)(2) Program Reimbursement
Amount ($)(1)
Charging
Stations
EXPP-PL202X1BC6A1S1-6A1S 1 $46,900.00 $0.00
Charging
Stations
EXPP-PL202X1BC6A1S1-2A3S1 1 $44,500.00 $0.00
Charging
Stations
EXPP-PB1000-350APD 4 $171,140.00 $0.00
Charging
Stations EXPP-PM-40KW 20 $100,000.00 $100,000.00
Charging
Stations CP6021B-50A-L5.5 1 $8,500.00 $0.00
Charging
Stations
Sales Tax on
ChargePoint
Hardware (8.88%)(2)
N/A $41,828.35 $0.00
Cloud Plan
CPCLDENTERPRISEEXPP-5
4 $27,000.00 $0.00
Cloud Plan CPCLDENTERPRISE-5 2 $4,320.00 $0.00
Assure Plan EXPP-PL2000-
DUAL-ASSURE-5 2 $19,900.00 $0.00
Assure Plan EXPP-BLOCKASSURE-5 4 $116,000.00 $0.00
Assure Plan CP6000-ASSURE-5 1 $1,700.00 $0.00
Miscellaneous Signage 6 $390.00 $0.00
Shipping Shipping 1 $1,400.00 $0.00
Site Design Site Design 1 $0.00 $8,000.00
Permits Permits 1 $7,500.00 $0.00
Equipment
Installation Site Installation 1 $22,954.40 $289,720.60 Equipment
Installation
Utility
Interconnection 1 $0.00 $69,059.22
Equipment
Installation
EXPP-PL2000-
COMMISSIONING 2 $1,700.00 $0.00
Equipment
Installation
EXPP-BLOCKCOMMISSIONING 4 $6,800.00 $0.00
Equipment
Installation
CPSUPPORTACTIVE 3 $1,047.00 $0.00
Site Total N/A N/A $623,579.75 $466,779.82
(1) Amounts are estimated and subject to repayment terms under the applicable State Grant. (2) Amounts are estimated and subject to change.

Site Name: Anton Stadium

8 ChargePoint Confidential Information
Site Address: 558 Park Blvd, Ukiah, CA 95482
Cost Category Itemized Costs Quantity Contribution
Cost ($)(2)
Program Reimbursement
Amount ($)(1)
Charging
Stations CP6021B-50A-L5.5 3 $25,500.00 $0.00
Charging
Stations
Sales Tax on
ChargePoint
Hardware (8.88%)(2)
N/A $2,264.40 $0.00
Cloud Plan CPCLDENTERPRISE-5 6 $12,960.00 $0.00
Assure Plan CP6000-ASSURE-5 3 $5,100.00 $0.00
Miscellaneous Signage 6 $390.00 $0.00
Shipping Shipping 3 $1,200.00 $0.00
Site Design Site Design 1 $0.00 $8,000.00
Permits Permits 1 $7,500.00 $0.00
Equipment
Installation Site Installation 1 $16,500.00 $131,175.00 Equipment
Installation
Utility
Interconnection 1 $0.00 $41,756.51
Equipment
Installation
CPSUPPORTACTIVE 3 $1,047.00 $0.00
Site Total N/A N/A $72,461.40 $180,931.51
(1) Amounts are estimated and subject to repayment terms under the applicable State Grant. (2) Amounts are estimated and subject to change.

Site Name: Ukiah Skate Park
Site Address: 1043 Low Gap Rd, Ukiah, CA 95482
Cost Category Itemized Costs Quantity Contribution
Cost ($)(2)
Program Reimbursement
Amount ($)(1)
Charging Stations CP6021B-50A-L5.5 3 $25,500.00 $0.00
Charging Stations
Sales Tax on
ChargePoint
Hardware
(8.88%)(2)
N/A $2,264.40 $0.00
Cloud Plan CPCLDENTERPRISE-5 6 $12,960.00 $0.00
Assure Plan CP6000-ASSURE5 3 $5,100.00 $0.00
Miscellaneous Signage 6 $390.00 $0.00
Shipping Shipping 3 $1,200.00 $0.00
Site Design Site Design 1 $0.00 $8,000.00
Permits Permits 1 $7,500.00 $0.00
Equipment
Installation Site Installation 1 $16,500.00 $131,175.00

9 ChargePoint Confidential Information
Equipment
Installation
Utility
Interconnection 1 $0.00 $42,638.31
Equipment
Installation
CPSUPPORTACTIVE 3 $1,047.00 $0.00
Site Total N/A N/A $72,461.40 $181,813.31
(1) Amounts are estimated and subject to repayment terms under the applicable State Grant. (2) Amounts are estimated and subject to change.

Contribution Cost ($)(2) Program Reimbursement Amount ($)(1) Total for all Sites $768,502.55 $829,524.64
(1) Amounts are estimated and subject to repayment terms under the applicable State Grant. (2) Amounts are estimated and subject to change.

Payment Schedule and Terms
Cost Category Invoice Date or Milestone Payment Terms
Charging Stations On an individual Site basis, 100% of
Charging Station costs invoiced upon
shipping.

Net 30 days from
invoice
Cloud Plan On an individual Site basis, 100% of
Cloud Plan costs invoiced upon
Substantial Completion.

Net 30 days from
invoice
Assure Plan On an individual Site basis, 100% of
Assure Plan costs invoiced upon
Substantial Completion.

Net 30 days from
invoice
Miscellaneous On an individual Site basis, 100% of
Miscellaneous costs invoiced upon
shipping
Net 30 days from
invoice
Shipping On an individual Site basis, 100% of
Shipping costs invoiced upon shipping
Net 30 days from
invoice
Site Design and Permits Upon Effective Date, 100% of Site Design and Permit costs invoiced.

Net 30 days from
invoice
Equipment Installation On an individual Site basis, 80% of Equipment Installation Costs (including
Site Installation, Utility Interconnection,
Power Link Commissioning, Power
Block Commissioning, and Station
Activation)invoiced 45 days prior to
Commencement of Construction. 20%
of Equipment Installation Costs,
plus/minus any change orders invoiced
upon Substantial Completion.

Net 30 days from
invoice

10 ChargePoint Confidential Information

11 ChargePoint Confidential Information

EXHIBIT E
List ChargePoint responsibilities for Development Management services ChargePoint may perform one or more of the following activities in the role of Development Manager.

ChargePoint may engage one or more qualified contractors to perform these tasks.

1. Utility Application
a. Due Diligence: Determine whether the existing electrical service is sufficient, or a new electrical service is required, by comparing the charger Site layout and power needs with the facility electrical drawings and photos of electrical panels. b. New Service Support: If new or increased electrical service is required, engage the relevant utility to determine availability of electrical grid capacity, correct service voltage, potential lead times for utility design and new electrical service construction, estimated fees (if applicable), and contractor responsibilities.
c. Utility Application: Assist the Operator in completing any utility application.

2. On-site Technical Assessment
a. Site Due Diligence: Assessment of on-site electrical equipment including switchgear, utility service and point of interconnection.
b. Map of Site Conditions: Draft a map of Site conditions including ADA and AHJ requirements, location of switchgear, utility service, interconnections, and transformers. c. Topographical map: Topographical heat map and slope readings of parking areas surrounding desired charging equipment locations where legally permissible.

3. Contractor Procurement
a. Bid Package Development: Create standardized bid package including Construction Contract that contains provisions required by and requires the contractor to comply with prevailing wage requirements in Part 7 of the California Labor Code and implementing regulations, Site design requirements, equipment specifications and timelines. Invite qualified contractors to bid process.
b. Award: Evaluate and compare bids from contractors.
c. Pricing & Scope Negotiation: Negotiate pricing and scope for the final contract with the selected contractor (“Installer”).
d. Execute Installer Contract: Execute contract with the Installer, to include any relevant flowdown requirements from State Grants.

4. Design and Permitting
a. Design: Prepare construction drawings, including electrical single-line diagram. b. Permitting: Confirm Installer secures necessary permits from AHJ.

5. Construction Management
a. Project Coordination: Manage construction kick-off meeting; Regularly scheduled coordination meetings with contractor and Operator based on agreed-on cadence; Maintain running punch list of outstanding construction actions; Manage and track schedules; Manage issues which may impact the schedule or the budget; Track project costs; Analyze and evaluate Installer change orders
b. Construction Management: Coordinate with Installer on procurement of long lead time equipment (switchgear, transformers, EVSE, etc.); Permitting Coordination with contractor; Virtual inspections with Installer/Operator-supplied images; On-site rough inspection visit before trench backfill and wiring, if needed; Manage logistics of ChargePoint Charging Station delivery; Coordinate with Installer to schedule utility upgrades and energization; Project management installation and commissioning of ChargePoint charging stations;

12 ChargePoint Confidential Information
Work with Installer to ensure final punch list is completed and project passes final inspection by the AHJ; Coordination of close-out and transfer of Electric Vehicle Charging Equipment ownership.

Agenda Item No: 8.e.

MEETING DATE/TIME: 9/17/2025

ITEM NO: 2025-1028

AGENDA SUMMARY REPORT
SUBJECT: Authorization for the City Manager to Negotiate and Execute an Amendment to the Contract for Medical Control Oversight with Dr. Brandon Begley, Extending the Contract to the End of the 25/26 Fiscal Year and an Increase in the Amount of $51,600.

DEPARTMENT: Fire PREPARED BY: Eric Singleton, Battalion Chief PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:

1. Contract 2021-181 (1)tb
Summary: Council will consider authorizing the City Manager to negotiate and execute Amendment No. 3 to City of Ukiah Contract No. 2021-181, a Professional Services Agreement for Medical Direction Oversight with Dr. Brandon Begley, extending the contract to the end of the 25/26 Fiscal Year and increasing the compensation by $51,600.

Background: All agencies in California that provide Advanced Life Support (ALS) services are required under Title 22 regulations to have a designated Medical Director for program oversight.

In 2021, the Ukiah Valley Fire Authority (UVFA) entered into a contract with Dr. Brandon Begley to provide these services, as approved by the Council (Attachment 1).

The contract with services commencing June 1, 2021, was subsequently amended for the FY 2024/25 term (Attachment #1), and now requires extension through FY 2025/26 while a new Request for Proposal (RFP) is developed to define the future scope of practice.

Discussion: In 2023, the Ukiah Valley Fire Authority implemented a new Continuous Quality Improvement (CQI) program to ensure the objective review of all Patient Care Reports (PCRs). Previously, these reviews were performed by on-duty team members as part of their assigned duties. However, increasing call volumes and task saturation from additional assigned duties led Staff to seek external support.

Dr. Begley, already under contract with UVFA for controlled substance authorization and limited on-call CQI oversight, now plays a more active role under the new program. As Medical Director, he reviews PCRs and engages directly with paramedics when issues arise.

Staff recommends extending the contract with Dr. Begley through the end of the 25/26 Fiscal Year to maintain continuity of review services and allow time to develop a new procurement for ongoing services that aligns with the current scope of duties. Funds will be made available through an internal budget transfer; therefore, a budget amendment is not needed.

Recommended Action: Authorize the City Manager to negotiate and execute an amendment to the contract for Medical Control Oversight with Dr. Brandon Begley, extending the contract to the end of the 25/26 Fiscal Year and increasing the contract by $51,600.

BUDGET AMENDMENT REQUIRED: No (Internal budget transfer instead.) CURRENT BUDGET AMOUNT: 71021100.52112 $23,850; 71021150.52112 $23,850

PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Ambulance Funds
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: COU #2021-181
COORDINATED WITH: Myles Fisette, Purchasing Manager and Doug Hutchison, Fire Chief STRATEGIC PLAN (SP):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

"UUBDINFOU


CITY OF UKIAH
AMENDMENT NO. 1
TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN
DR. BRANDON BEGLEY and THE CITY OF UKIAH
This Amendment No. 1, entered on March 14, 2024 revises the Agreement for Professional services dated May 1, 2021 between the City of Ukiah and Dr.

Brandon Begley for consulting services relating to Advanced Life Support Medical Direction.

This Amendment No. 1 adds an additional $ 42,000 for year three of the agreement. This revises the total, not-to-exceed amount for all three years combined to $72,000.

Except as expressly amended by this Amendment, all other terms remain unchanged and in full force and effect.

IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AMENDMENT ON THE EFFECTIVE DATE:

CONSULTANT
BY: DATE:

PRINT NAME:

CITY OF UKIAH
BY: DATE:

SAGE SANGIACOMO, CITY MANAGER
ATTEST
BY: DATE:

KRISTINE LAWLER, CITY CLERK
COU 2021-181-A1
Mar 15, 2024
Kristine Lawler (Mar 15, 2024 14:40 PDT)
Kristine Lawler Mar 15, 2024

Agenda Item No: 12.a.

MEETING DATE/TIME: 9/17/2025

ITEM NO: 2025-1013

AGENDA SUMMARY REPORT
SUBJECT: Conduct a Public Hearing and Consideration of the Lookout Peak Trail Project Including the Adoption of a Resolution Adopting the California Environmental Quality Act (CEQA) Initial Study and Mitigated Negative Declaration (ISMND) Prepared for the Lookout Peak Trail Project; and Authorize the City Manager to Negotiate a Donation of Trail Construction by the Ukiah Valley Trail Group.

DEPARTMENT: Community Services PREPARED BY: Neil Davis, Community Services Director PRESENTER: Neil Davis, Commnunity Services Director and Katherine Schaeffers, Planning Manager
ATTACHMENTS:

1. Comments in Favor

2. Comments Opposed or Concerned

3. Lookout Peak Trails Draft ISMND9_9Clean

4. Staff Responses to Comments

5. Road Maintenance Plan

6. Draft Resolution Adopting the Lookout Peak CEQA ISMND

7. 12a Correspondence Received - Jeff Sheldon

8. 12a Correspondence Received - Kita Grinberg

9. 12a Correspondence Received - Daniel Harrington

10. 12a Correspondence Received - Bret Morton

11. 12a Correspondence Received - Jo Ann Henrie

12. 12a Correspondence Received - Joyce Cleland

13. Handout from Kylle St. Pierre

14. 12a Lookout Peak Presentation
Summary: Council will consider adoption of a resolution adopting the California Environmental Quality Act (CEQA) Initial Study and Mitigated Negative Declaration (ISMND) prepared for the Lookout Peak Trail Project; and consider authorizing the City Manager to negotiate a donation of trail construction by the Ukiah Valley Trail Group.

Background: The City of Ukiah’s 2040 general plan, in both the Public Facilities Element and Environment and Sustainability Element, speaks to the goals of ensuring residents have access “to recreational facilities and trails” and opportunities for “the enjoyment of scenic beauty and recreation.” In pursuit of these goals and others, the City acquired over 700 acres of western hills property (Attachment B of the ISMND) now known as the Western Hills Watershed Protection Area (WHWPA). Subsequently, in February of 2024, the City adopted the WHWPA Management Plan, which under the Public Uses and Access section established objective 13a to provide public trails for passive use recreation.

Additionally, the Public Spaces Commission has consulted with staff and the public regarding the potential development of recreational access in the Western Hills Watershed Protection Area (WHWPA) for more than two years. These discussions have taken place during the development of a 'Baseline Assessment of the Area' (8/2/2023), the review and approval of the WHWPA Management Plan (2/7/2024), during the Community Forum on development of Ukiah as an Outdoor Recreation Hub (3/12/2024), and during the discussion of designating the WHWPA as a community forest (1/14/2025).

The City has a long and fruitful history of collaboration with the Ukiah Valley Trail Group (UVTG) (Attachment D of the ISMND). The UVTG designed, funded, constructed, and maintains both the City View Trail and Sol y Sombra Trail on City-owned property at Low Gap Park. The UVTG donated fifty thousand dollars to the City to help with the acquisition of a property in the WHWPA to provide a link to a public section of Doolin Canyon Rd to open the opportunity for public access to the area. In early 2024, the UVTG hired Jacobszoon & Associates Inc. to conduct a Biological Assessment of the WHWPA. Later in 2024, the City of Ukiah hired Jon Schubbe Consulting to map conceptual trail alignments for a trail system to be built in the WHWPA. In February 2025, Mr. Schubbe spent a week exploring the WHWPA. Using GIS, ARCGIS, and lidar maps, Mr. Schubbe then produced a detailed map (Attachment I of the ISMND) and Concept Plan (Attachment E of the ISMND) for the trail system.

In July 2025, Staff completed a draft Initial Study and Mitigated Negative Declaration (ISMND; available at https://cityofukiah.com/lookout-peak-trails/) and initiated the required California Environmental Quality Act (CEQA) noticing process. In addition to posting the ISMND on the state clearinghouse website, a Notice of Availability (NOA) for the project was released on July 11th providing the first thirty-day opportunity for comment on a draft ISMND for the Lookout Peak Trail Project. On August 11, Staff released a Notice of Intent (NOI) to provide an additional thirty days of public comment on the project.

Discussion: The Lookout Peak Trail project proposes building up to twenty-two miles of passive use trails in the 700+ acre WHWPA. The trails are designed for hiking, trail running, mountain biking, and nature appreciation. Integral to this project is the ongoing implementation of the WHWPA Road and Fire Break Maintenance Plan (Attachment G of the ISMND), which addresses essential maintenance activities for fire breaks and access roads within the WHWPA. A complete scope of work and project plan is presented in the ISMND.

Sixty-eight public comment letters were received during the public comment period. Fifty-nine (88%) of the comments were in support of the project (Attachment 1) and nine were opposed or expressed concerns and/or requested modifications (Attachment 2). Of the nine letters of opposition/concern, seven were from neighbors who share a property boundary with the WHWPA and six of those stated they are generally in favor of trails.

The most common cause of concerns regarding the project included: fear of reduced availability of neighborhood parking (6) fear of attracting homelessness to the neighborhood (5), fear of increased risk of wildfire (4), fear of trespass (3), opposition to the second trailhead location (3), and one or two comments regarding the potential intrusion on neighbor privacy, increased liability, increased neighborhood traffic, increased crime, concern of erosion, the need for maintenance, signage, and the need for bathrooms. Notably, concerns regarding increased risk of wildfire, potential erosion, and the need for adequate maintenance were identified as significant environmental issues requiring specific attention within the environmental review.

Staff confirmed receipt of all comments, engaged in six phone conversations, and met with three neighbors who requested in-person meetings. In addition, Staff drafted responses to all negative comments and concerns (Attachment 4).

In response to public comment, staff are recommending minor changes to the scope of work and edits to the ISMND, which is attached as amended with the changes documented in this staff report (Attachment 3). The original ISMND and a redline version of the edited ISMND are available on the city's project page at https://cityofukiah.com/lookout-peak-trails/. These updates do not identify new significant environmental impacts or a substantial increase in the severity of previously identified impacts that would necessitate recirculation of this document under the California Environmental Quality Act (CEQA).

To address the concern regarding reduced neighborhood parking, the City proposes to paint parking space delineators along the east side of Helen Ave. These delineators are expected to increase the amount of parking space by reducing inefficient spacing between parked cars. To address the concern regarding loss of privacy and opposition to the second trailhead on Helen Ave., Staff have edited the scope of work to eliminate the second trailhead. With this modification, there will be a single trailhead on Doolin Canyon Road.

Additionally, trail #103 will be eliminated and Ukiah Valley Trail Group trail designers have realigned trail #101

to enhance privacy for adjacent residences. With the new alignment, trail #101 is expected to be more than 150 feet away from, and fifty feet in elevation above, the neighboring houses. Furthermore, in direct response to concerns raised, particularly from the Ukiah Valley Fire Authority (UVFA), the ISMND was updated to fully incorporate the WHWPA Road and Fire Break Maintenance Plan (Attachment 5), and to formalize specific mitigation measures (PS-1 and PS-2) to ensure efficient emergency access and ongoing fire break maintenance. Complete responses to neighbor concerns regarding the project are addressed in Attachment 2 and Attachment 4. Additionally, the trail system will be built incrementally as funding becomes available. As the trails are built, City staff can monitor the impacts and consider additional measures as needed.

Again, sixty-six comments in support of the project were received, including letters from physicians, physical therapists, and educators. Supporters referenced the health, quality of life, and economic benefits of the trails.

A number of commenters referenced the importance of healthy outlets for young people, including two coaches of high school mountain bike teams who lamented the lack of trails for their kids to use for training. A number of out-of-town commenters stated the trails will make them stop in Ukiah more often and they will likely stay for a meal or shopping.

Staff believe the Lookout Trail Project will provide enormous public benefit to the community and that impacts to the neighborhood can be mitigated through project revisions and a robust set of mitigation measures. These revisions include the elimination of the second trailhead on Helen Avenue, the realignment of trail #101 to enhance privacy for adjacent residences, and the proposed painting of parking space delineators on Helen Avenue to improve parking availability. The comprehensive mitigation measures, including Mitigation Measures PS-1 and PS-2, along with the full integration and analysis of the WHWPA Road and Fire Break Maintenance Plan, were specifically refined in direct response to public and agency comments, particularly from the Ukiah Valley Fire Authority (UVFA), to ensure all potential environmental impacts are reduced to a less-than-significant level. Staff recommend Council approve the attached resolution (Attachment 6) to adopt the ISMND and provide direction to the City Manager to negotiate the donation of trail construction services from the UVTG.

Recommended Action: 1) Adopt a resolution adopting the California Environmental Quality Act (CEQA) Initial Study and Mitigated Negative Declaration (ISMND) prepared for the Lookout Peak Trail Project; and 2) authorize the City Manager to negotiate a donation of trail construction by the Ukiah Valley Trail Group.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: NA
PROPOSED BUDGET AMOUNT: NA
FINANCING SOURCE: NA
REVENUE: Yes / No GRANT: Yes / No
PREVIOUS CONTRACT/PURCHASE ORDER NO.:NA
COORDINATED WITH: Katherine Schaefers, Planning Manager.

STRATEGIC PLAN (SP):SP 1A - Build neighborhoods that provide access for all to a compatible balance of housing, employment, commercial, medical, education, and recreational resources; SP 1B - Provide services that support a high quality of life for all residents, including fostering diverse, inclusive, sustainable, and accessible neighborhoods; SP 1C - Encourage and support an environmentally sustainable and resilient community by embracing new technology, setting policy, and evaluating critical infrastructure.

CLIMATE INITIATIVES (CI): 4b – Maintain wild lands.

GENERAL PLAN ELEMENTS (GP): GP-A4 - Public Facilities, Services, and Infrastructure Element; GP-A5 - Environment and Sustainability Element

Attachment K
Public Comment Letters in Support of Lookout Peak Trails Rough
Sherf
White

Attachment K
Wier
Lutsky

Attachment K
Fashauer
Eberhardt

Attachment K
Welch
Johnston

Attachment K
Watt

Attachment K
Harrison

Attachment K
Low

Attachment K
Townsend
Archer

Attachment K
Reinelt
Gibbs

Attachment K
Wermuth
Gauthier
Dolan

Attachment K
Maddox
Bertolino Haley

Attachment K
Richards
Barnes

Attachment K
Madden
Amalong

Attachment K
Strnad
Ghidella
Miller

Attachment K
Takeda
Dunscombe

Attachment K
Cummings
Smallman

Attachment K
Eschleman

Attachment K
Huck
Richards

Attachment K
Pardun
Winters
Klein

Attachment K
Trotter
Koeninger

Attachment K
Parker
Cannon
Moreno

Attachment K
Mike V.

Berna

Attachment K
Ukiah Valley Trail Group
September 2, 2025
City of Ukiah
300 Seminary Dr
Ukiah, CA 95482
RE: City of Ukiah Lookout Peak Trail Project
Attn: Katherine Schaefers,
Ms. Schaefers,
On behalf of the Ukiah Valley Trail Group Board of Directors I would like to express our strong support for the Lookout Peak Trail Project. We believe the CEQA document is a well written and thorough document. The scope of work and conceptual mapping will allow for the construction of a valuable trail system that will provide a wide variety of community health and prosperity benefits.

Attachment K
We have been proud and happy to partner with the City of Ukiah (COU) on the planning and construction of both City View Trail and Sol y Sombra Trail. We believe the work we have done to plan, construct, and maintain these trails on City of Ukiah property, as well as the trails at Lake Mendocino and Mill Creek Park speak to our understanding of this project.

We encourage you to approve the CEQA document and give the notice to proceed with construction of the trail system. Our partnership with the City of Ukiah dates back more than fifteen years and we expect to continue with this strong and collaborative partnership.

We paid over $15,000 for the biological assessment that informs the Lookout Peak CEQA document and donated $50,000 to help with the purchase of a critical connecting property to make this trail system possible. We have over $100,000 earmarked for this project. With your approval, we can begin construction this fall and hope to be able to complete the first four mile “Gateway Loop” trail before next summer.

Additionally, we have applied for two grants that we hope will provide funding for the completion of the entire trail system. With or without the aforementioned grant, we are committed to continuing the fundraising necessary to complete the project.

The Ukiah Valley Trail Group has been building and maintaining trails since 2005 and we are proud of our track record of not only building but also maintaining our local trails. We have the equipment and personnel to take this project on and hope you will provide approval for us to begin construction as soon as possible.

Sincerely,
Mike Cannon
Board President [email protected]
www.mendotrails.org
707-972-9100

Attachment K
Lindstedt
Elliot
Apostol

Attachment K
Williams
Prochter
From: Steven Prochter <[email protected]>
Date: Wed, Sep 3, 2025 at 6:40 PM
Subject: Comment on Lockout Peak Trails Draft ISMND
To: <[email protected]>
Living in Redwood Valley, I am about half way between Ukiah and Willits. When considering traveling for shopping, dining, or recreation, I usually choose to travel to Ukiah, in no small part because of Ukiah's open public space, including Riverside Park, Low Gap Park and the Ukiah

Attachment K
Wastewater Treatment Plant (literally, for the birds!) I think the Lookout Peak Trails system will greatly expand and enhance Ukiah's public open spaces and strongly support this proposal.

Thank you,
Steven Prochter
Pletcher
Scott

Attachment K
Powell
Van Sant

Attachment L
Letters Opposed or with Concerns about Lookout Peak Trails Aseltyne

Attachment L
Fetzer

Attachment L
Gaskin

Attachment L

Attachment L
Harrison
Jenkins
I am writing to provide my wholehearted support for the"Lookout Peaks Trail" project as outlined in the LPT ISMND. I and my wife Alese have resided in the greater Ukiah area for 45 years, where we raised two children. In other words, we're true "locals". We believe adding more opportunities for us and our Ukiah neighbors to experience nature, especially ones accessible by foot or bicycle, are essential for the public health and well being of folks living in the area.

We have hiked many miles of trails in state and national parks, as well as more developed areas, in this as well as other countries. We greatly appreciate the trails created and maintained by the Ukiah Valley Trails Group, especially those at Low Gap Park and Lake Mendocino, and consider them among the best anywhere. We're confident that this project will result in trails that are of the highest caliber, and we look forward to experiencing them. My only recommendation would be to add secure bicycle racks/ shelters at the trail heads so people can ride street bikes to the trail heads, and feel comfortable about locking them up while enjoying a beautiful hike in the hills. I didn't notice this inclusion in the narrative.

With such great outdoor recreation opportunities as these trails will provide, along with the aforementioned trails, Lake Mendocino, the Great Redwood Trail, our rivers and increased river

Attachment L
access, not to mention the downtown Ukiah face-lift and street improvements, we believe the Ukiah area is poised to become a well known and desired outdoor recreation area. We all know the economic benefits associated with such an outcome.

In conclusion, I want to encourage every effort be made to ensure that this protect come to fruition.

Respectfully, Dan Jenkins
[email protected]

Attachment L
Jennings

Attachment L
Keizer
Mordhorst
532 Doolan Canyon Drive
Ukiah, CA
707-318-8611
Katherine Schaefers
300 Seminary Avenue
Ukiah CA
Dear Ms Schaefers
We live at 532 Doolan Canyon Drive and have several concerns regarding the Lookout Peak Trail Project. While we support the concept of hiking trails our concerns are how the proposed project will impact our property and safety. I have communicated these concerns to Neil, as well as Mari Rodin, in the past but it doesn’t seem to have any impact on the design of this project.

We are the center house of the three homes that are just below the proposed trail heads. We have live at this property for over 35 years and have never desired nor needed a fence on the western edge of our property. Now it appears the trail will go just above the property line between us and the

Attachment L
city. We are not interested in having people looking down to our property, scoping it out for who knows what, or using it a as ingress/egress for the trails as they see fit. We are also concerned about the potential for dogs to be running free from the trails. We will no longer feel safe in on our property.

The mitagated negative declaration document speaks to many things including wildlife, plants, trees etc. but doesn’t address the negative impact on your adjorning neighbors! The slope on the hill has long been a concern with rainwater runoff and erosion. All three properties have had issues with our retaining walls. Further distrubance on the hillside creating these trails could affect the current water flow patterns and exacerbate these issues. What assurance do we have that the construction will not cause damage to our property? Plus our historic solitude will now be disrupted with chain saws, small motors, small dirt movers and more. What steps does the city plan to implement to assure that motorized vehicles will not be racing up and down these trails or that homeless individuals decide this would be a great place to set up camp? There was a previous incident of children playing with matches starting a fire on that hillside. I understand the city believes that this will help with fire prevention but it is also important to note that legal or illegal activities on the hillside could cause fires. I personally have cut the overly tall grass on the city side of our adjorning property line to have defensible space. What steps will you be taking to be sure the grasses below the trails and our property are kept cut? I find it interesting the fire marshall tells us to keep the grasses cut but the city doesn’t do so on their property.

Our understanding is the trailheads will be on Helen Ave. and Doolan Canyon Drive. The entrance and egress to our property is a utility easment alleyway just behind the homes on Helen Ave. We currently have issues safely entering and exiting the alley. This is exacebated when cars, particularly high profile vehicles, are parked along Doolan Canyon. The same is true turning onto Helen Avenue, especially during soccer season. Having people park along Helen Avenue and more particularly, Doolan Canyon Drive to walk up to the trailhead is not safe for either the pedistrians or the vehicle traffic. There are no sidewalks on Doolan Canyon and people will be walking around parked vehicles to get to the trailhead. Plus what is to prevent people from parking on private property or in the easement alley blocking our entrance and exit? The city has 700 acres to design this project. Why do they need to put the access points and trails so close to our property line? It is very frustrating to think that after living here over 35 years that our peace, quiet, safety and hillside view may be compromised by this project. We respectfully request that you reconsider this design or insure us that our property and peace will be considered in this process including keep us informed as to meetings, timelines and next steps. Please be certain that the three most affected property owners are on your mailing list.

Sincerely
Bruce and Carol Mordhorst

Attachment L
Rogers
August 10, 2025
Katherine Schaefers
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Subject: Initial Study and Mitigated Negative Declaration for the Lookout Peak Trails Project Dear Ms. Schaefers,
We live at 345 San Jacinta Drive in close proximity to the proposed trails project. We have lived at this location for 22 years and a total of 43 years in Ukiah. We enjoy the natural beauty of the Ukiah Valley. We support the idea of hiking and we enjoy hiking around the Ukiah Valley.

Our parcel adjoins one of the privately-owned parcels that will have a public trail easement across the property. It appears that the trail easement will have to cross the private driveway that serves the property. We are concerned about hikers who may wander off the trail and/or use the driveway for access and trespass on our property (the driveway goes through our property). We ask the city to re-design the trails so that they are kept exclusively on public land to avoid problems and interactions with private property owners. (We are aware of two private lawsuits involving easements associated with the recent acquisition and development in the western hills.) Who would be responsible for damage caused by the public on the easements across private property? What if there is a disagreement about the damage or the cause? Public trails should stay on public lands.

In addition, we are very concerned about public safety issues and potential wildfire impacts from public access to the western hills. How will emergency responders get access to and evacuate someone who gets injured or has a medical emergency in the western hills? The proposed trails project is in a very high fire hazard severity zone. With an increased frequency of drought conditions and impacts from climate change, the probability of a major wildland fire increases in the western hills of Ukiah. We are concerned about people smoking or starting campfires that would pose a significant risk for starting a wildfire.

In summary, we ask the city to re-design the trails to be kept exclusively on public lands.

We also want assurances that the city will maintain the trails in perpetuity.

Sincerely,

Attachment L
John and Delynne Rogers,
Co-Chair and Members of the Western Hills Firewise Community St Pierre
Sent: Monday, August 11, 2025 3:00 PM
To: Katherine Schaefers <[email protected]>
Subject: Lookout peak trail comments
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

City of Ukiah
Planning Department
300 Seminary Avenue
Ukiah, CA 95482
Dear City of Ukiah Planning Department,
Re: Lookout Peak Trail Proposal
We are writing on behalf of Nui Rising Moon Trust LLC regarding the proposed Lookout Peak Trail.

Our property borders the entire length of the proposed trail along its northern and eastern boundaries. While we do not oppose the creation of a public use area, we have significant concerns about the proposal and its impact on our private property.

The current proposal lacks details on measures to prevent trail users from wandering off the designated paths onto private property. Over the past 10 years, we have experienced numerous instances of trespassing on our land, and we are concerned that the proposed trail, particularly the observation areas on the far west end and the trail routes as shown, will exacerbate this issue by encouraging hikers and bikers to stray onto private properties.

Additionally, the proposal includes a map depicting a road that does not exist, which comes within a couple hundred feet of our residence. This raises further concerns about privacy and potential

Attachment L
disturbances. We also note that the proposed trail near Doolan Creek utilizes a firebreak to the south, which is likely to funnel trail users directly toward private property. We suggest rerouting this section of the trail away from the firebreak to minimize trespassing risks. Response: The map does depict an old road or fire break that has completely grown over and is depicted as traveling from City property to Rising Moon property. The City has no intention of regrading/opening this old route and is legally prohibited from doing road work on a neighbor’s (your) property without permission.

Trail 403 does come near this old road, but the trail is exclusively on City property. The old road in this area that still exists traverses from City property onto Rising Moon where there is a gate at the property boundary. A “No Trespassing Private Property” sign can be placed on the gate.

For the past 10 years, we have relied on the firebreak to access our eastern parcel, as it is the only viable access route. Given that our use of this firebreak predates the period required to establish an easement, we seek clarification on how the City will guarantee our continued, unobstructed access to this route. Response: The access to this location does not cross City property so we have no authority in opening, closing, or maintaining the road.

To address these concerns, we respectfully request the following:

1. A detailed plan outlining how the City will protect private property, including adequate signage and potential fencing to clearly delineate public and private land. There are no restrictions on Nui Rising Moon from placing no trespassing signs or placing fencing around their property. The City will place no trespassing signs at our discretion in locations that benefit the City. Objective 2 of the Western Hills Watershed Protection Area Management Plan requires that we limit the use of fencing to allow unimpeded travel of wildlife. We have no plans of attempting to fence of areas of our property.

2. Rerouting of the trail near Doolan Creek to avoid the southern firebreak. Our experience and observations of trail user behavior is that there will be no incentive for trail users to trespass in this direction. While we cannot guarantee it will never happen, the expected incidence rate does not merit rerouting the trail.

3. Greater transparency and information regarding the planning process, including opportunities for property owners to provide input. Public input for this has included the public input to the Ukiah General Plan (adopted 2022) which led to Goal ED-5.1 which directs staff to seek out “new outdoor recreation opportunities.” In August of 2022 the City Council received a report on the contract for a trail concept plan and mapping in the Western Hills Watershed Protection Area. In March of 2024 the Public Spaces Commission held a community forum on the subject of the “Development of the Ukiah Valley as an Outdoor Recreation Hub” where members of the public specifically requested trails in this area. While not legally required, a Notice of Availability (NOA) of the Initial Study and Mitigated Negative Declaration was made available on July 11th to allow for an additional 30 days for the public to review and provide comment on the project. A Notice of Intent (NOI) was then released on August 8th for the mandated 30 day public review period which will close on September 8th. A letter was sent to all property owners within 300 feet of the project area for both the NOA and the NOI. The NOI and NOA were made available on the City’s website and a notice

Attachment L
was placed in Ukiah Daily Journal. The public is invited to attend the Ukiah City Council Meeting on September 17th to provide comment.

4. Specific measures to deter trail users from entering private property, particularly near the western observation areas and southern trail sections. See the response to #2.

We appreciate the City’s efforts to create public recreational opportunities and are open to working collaboratively to ensure our private property rights are respected. Please provide further clarification on the above points and consider our suggestions for trail adjustments and protective measures. We look forward to your response and to participating in a transparent planning process.

Sincerely,
Kylle St Pierre caretaker
Nui Rising Moon Trust LLC
Washburn

Attachment L
Public Comment – Lisa Washburn
Original Email From: [email protected] (Designs by Lisa Ann) To:
[email protected] (Katherine Schaefers); [email protected] (Neil Davis) I need clarification as to whether your access points to lookout peak trails is my driveway or not. I live at 1256 Helen Ave. and my driveway is almost exactly 350ft. from Doolan Canyon. Hull does NOT own our portion of the hillside there, and I am NOT allowing strangers to just think they can come and go, trespassing onto my portion of the hillside.

Redwood Ave. should be the access point being that it was owned by Noguera and Hull.

We had too many homeless people camping up the hill from our house starting campfires, etc. and I have 3 dogs. I am not going to allow trespassing, so please clarify whether or not Redwood Ave. is access or my driveway because my neighbors have informed me that it's my driveway. WE OWN THAT PORTION OF HILLSIDE! And if I have to hire a lawyer to fight this nonsense then I will absolutely will do that to keep what little privacy I still have.

A VERY CONCERNED PROPERTY OWNER,

Attachment L
Lisa Washburn
Email Response
Good afternoon Ms. Washburn,
Thank you for reaching out and clearly expressing your concerns regarding access to the Lookout Peak Trails Project and your driveway at 1256 Helen Ave. We understand your desire for privacy and clarity on your property.

Based on our records, after the conveyance of the property that contains the road from the Crane family to the City of Ukiah, the City took ownership of the area containing the access road that passes 1256 Helen Avenue. In 1979, the Cranes granted a nonexclusive easement on this road for the benefit of 1256 Helen Avenue, and other similarly situated parcels, for ingress and egress only.

To clarify, the attached Quitclaim Deed, Document 2025-02655 (Attachment B in the Draft ISMND), signed by the City of Ukiah and D&J Investments LLC (including David J. Hull) on March 31, 2025, transferred certain property interests to the City of Ukiah. These property rights include the road, which passes adjacent to your parcel, continuing up into the hillside.

This road is detailed in “TRACT FIVE” within the deed, and notes a legal description, using metes and bounds (specific directions and distances), describing a path that extends from Lot 11, Yokayo Rancho, to Helen Avenue, and then explicitly refers to a "centerline of a road from Helen Avenue toward Doolan Canyon". The deed provides exact measurements for this road’s winding path (South 86°52' West, 252.84 feet" and "South 38°52' West, 224.49 feet"), the beginning of which corresponds to your driveway's location (roughly 350 ft. from Doolan Canyon Rd.).

This Quitclaim Deed specifically preserves and upholds the pre-existing legal status of this road, including the easement that benefits your property, confirming the road’s continued status as a shared access point rather than an exclusively private driveway.

Note that a public hearing for this project has not yet been scheduled. Once a date is set, a hearing notice will be mailed to all property owners located within 300 feet of the proposed project site.

Comments on the project will also be encouraged at this time, both in writing and in-person/via Zoom during the public hearing.

Sincerely,
ISMND Response to Comment
Response to Public Comment on the Initial Study/Mitigated Negative Declaration (ISMND) for the Lookout Peak Trails Project

Attachment L
To clarify the legal status of the access point in question, the City refers to Quitclaim Deed, Document 2025-02655 (Attachment B in the Draft ISMND). This deed, signed by the City of Ukiah and D&I Investments LLC (including David J. Hull) on March 31, 2025, and recorded on April 1, 2025, formally transferred specific property interests to the City of Ukiah.

Central to understanding this access point is "TRACT FIVE" as detailed within Exhibit "A" of the deed. TRACT FIVE contains a precise legal description, utilizing metes and bounds (specific directions and distances). This description identifies a path beginning near Lot 11, Yokayo Rancho, extending to Helen Avenue, and then explicitly referring to a "centerline of a road from Helen Avenue toward Doolan Canyon". The deed provides exact measurements for this road's winding path, such as "South 86°52' West, 252.84 feet" and further along "South 38°52' West, 224.49 feet". These detailed measurements correspond to the location previously described as the driveway at 1256 Helen Ave., approximately 350 feet from Doolan Canyon Road.

This Quitclaim Deed is given pursuant to Lot Line Adjustment File No. LLA25-000003 and is expressly intended to create no new parcel. This means the deed itself is not establishing a new public road or right-of-way where one did not previously exist. Instead, the deed states: "The Lot Line Adjustment shall not relinquish, remise, release or terminate any prior right, interest in rightsof-way, easements, or other rights which may be appurtenant to and/or and encumbrance to the subject property".

Therefore, the Quitclaim Deed specifically preserves and upholds any pre-existing legal status of this described "road from Helen Avenue toward Doolan Canyon" as a public right-of-way or an easement. This confirms its continued status as a shared access point, rather than an exclusively private driveway.

Attachment L
Wetzel Chinn
Jeanne Wetzel Chinn
395 San Jacinta Drive
Ukiah, CA 95482
August 1, 2025
Katherine Schaefers
Planning Manager
Community Development Department
300 Seminary Ave
Ukiah, CA 9a5482
Re: City of Ukiah IS/MND under CEQA –Lookout Peak Trail Project Public Comment Dear Ms. Schaefers:

As a long-time resident in the Western Hills for over 30 years, I am concerned about the planned Lookout Peak Trail Project. There seems to be several missing and important factors for success of this project.

First, there is no designated parking for hikers causing concerns about impacts to homeowners in the area of South Helen and Doolan Canyon, especially during the outdoor sports season, which aligns with great hiking weather! Can you acquire an area for hiker parking? Who will monitor and clean up the trash left behind by hikers and how often? And will toilets be installed for those in need of such?
There is further concern that it will create a nexus for homeless people to go further up into the hills and have campfires. Will smoking be prohibited on the trails? These activities will increase fire risk in this already highest fire risk zone.

Will there be areas in this Natural Woodland that will be off-limits to hikers, bikers, and vehicles to provide necessary seasonal safety, quiet, and space for nesting, fawning, and denning? There are many foxes, deer, birds, and other wildlife in the Western Hills, and it is imperative to protect them and their habitat, and not create such habitat fragmentation that we lose them.

I respectfully urge full consideration of my concerns, and additional protection measures as needed to provide safety for those of us living in the Western Hills. Thank you.

Best regards,
Jeanne Wetzel Chinn, M.S.
395 San Jacinta Drive, Ukiah

Attachment L

Attachment L
Questions Seeking Clarification
From: Katherine Schaefers <[email protected]>
Sent on: Wednesday, July 16, 2025 5:52:30 PM
To: Neil Davis <[email protected]>
Subject: FW: Voice Mail Message (Noguera)
Attachments: N_V6877dd67.05c.wav (514.74 KB), Final map after LLAs with new document numbers.pdf (183.56 KB), Notice of Availability_Lookout Peak MND.pdf (515.25 KB)
Good morning Neil,
Forwarding over to you a 10:11am voicemail message from Adonis Noguera, asking about the boundaries of the NOA map shown in yellow (NOA attached), and whether his property is included.

I have attached here the Final Map of the recent (recorded April 1, 2025) LLA for Redwood Avenue/Western Hills, showing the delineation of the Noguera parcels vs the project area (Parcel I on the map) for reference.

Adonis Nogeura
(707) 513-3562
620 Redwood Avenue
I believe his question may be the slight highlighting and labeling of “City of Ukiah” of 620 Redwood Avenue outside of the project area (yellow arrow below):

Attachment L
Thank you,
Katherine Schaefers
Planning Manager
Department of Community Development
300 Seminary Avenue, Ukiah, CA 95482
P: 707.463.6203
www.cityofukiah.com/community-development
-----Original Message-----
From: [email protected] <[email protected]>

Attachment L
Sent: Wednesday, July 16, 2025 11:12 AM
To: Katherine Schaefers <[email protected]>
Subject: Voice Mail Message
This e-mail contains a voice message.

Double click on the attached file to listen.
<[email protected]>

Attachment L
Meeting Memos
MEMORANDUM:

To: Katherine Schaefers
From: Neil Davis
Date: 8/18/25
Subject: Meeting with neighbors regarding the Lookout Peak Trail Project At the request of Dennis Aseltyne, I met with him, his wife Gina, John Rogers, and Jim Xerogeanes to discuss the Lookout Peak Trail Project. We met at Mr. Aseltyne’s home from 9AM until 10:40 AM. The primary areas of concern were 1) use of the access road next to Mr Aseltyne’s home for trail access, 2) parking on Helen Ave, and 3) the possibility of trespass opportunities created by the proposed section of trail that crosses a private road above Mr.

Rogers’ property.

Mr. Xerogeanes shared at the beginning of the conversation that he happened to be visiting Mr. Aseltyne and was curious about the project but that he does not live in the immediate area and was not coming to the conversation with any particular concerns, just curiosity.

Mr. Asletyne stated he felt he was speaking on behalf of a number of neighbors. He said they are concerned that the use of the access road on the south side of his property is unnecessary and duplicative providing little additional benefit to users while exposing the property owners along the road to decreased privacy, and potential illegal activities. They are also concerned people will try to park along the access road and that there is not enough room for parking or turnaround of vehicles.

Regarding the subject of two trailheads including using the road alongside Mr. Asletyne’s residence, Mr. Rogers opined that the two trail heads are so close together it doesn’t really spread the impact.

I told them we could provide signage and make the access road a “no parking zone” with signage that indicates it is only open to walkers and bicyclists. I also pointed out that not using this access point would increase the number of people who would use the other trailhead. Using two trailheads spreads people out as opposed to concentrating them thereby increasing the impact to the neighbors who are at the remaining trailhead. He said he didn’t’ think the neighbors on Doolin Canyon Dr cared and that he would check with them and get back to me.

Regarding parking, Mr. Aseltyne suggested that there have been changes in use on Helen Ave. since the 2020 Traffic study that is quoted in the CEQA document. Specifically, there is

Attachment L
a new Head Start School on the Nokomis School site and additions to the Nokomis School supplanted off street parking for the teachers at the school. The number of teachers at Nokomis School may also have increased.

He felt that if the City added a sidewalk on the west side of the street it would help. Gina Aseltyne stated concerns regarding the drop off zone for the Head Start School and the danger of people making U turns at the T intersection of Helen and Washington. I told them that my perspective is there is adequate existing parking on Helen, while acknowledging there may be peak times when parking is limited. I informed them that City policy places the responsibility of sidewalks on property owners and that I already spoke with the Director of Public Works who was disinclined to make an exception. I told them I would speak with public works to see if there are options for improving the drop-off zone and if there are ways we can use paint to improve and organize parking along Helen Ave. I told them my recommendation will be to add signage around the trailheads and begin building trail. Should a parking problem arise as the trail system grows there are interventions that can be placed to address the problem.

Mr. Rogers stated his chief concern regarding the possibility of trail users diverting from the trail down the private road that crosses his and a neighbor’s property. I told him we cannot relocate that trail as it is an easement and the trail allows for a loop trail as opposed to an out-and-back trail. I told him we will put up no trespassing signs and that he of course is free to place fences and gates around his property.

In addition to the concern regarding trespass, Mr. Rogers expressed concern about potential problems with the trail easement across private property. Interactions between the property owner and hikers/bikers and asked who would be responsible for fixing problems on private property and maintaining the trail in the easement.

Mr. Rogers suggested making the trails as an out-and-back, not a loop. Making a single trailhead on Doolan Canyon Road would eliminate many of the impacts on the properties near the Helen trailhead. It would also eliminate the need for a public easement on private property. I informed him the easement already exists but if the public supports an out-andback trail rather than a loop the trail could be built in that way.

During the hour and forty-minute conversation there were also brief comments and concerns stated regarding homeless issues and the concern about fire and vandalism. The primary concerns were as stated above.

Attachment L
MEMORANDUM;
To: Katherine Schaefers
From: Neil Davis
Date: 8/22/2025
Subject: Phone call with Kita Grinberg
I spoke on the phone with Kita Grinberg regarding the Lookout Peak Trail Project. Ms.

Grinberg stated that she is a hiker and is in support of the project but was concerned about privacy, the potential for drainage from the trails to come on to her property, and about parking. I explained we could route the trail in such as to help protect her privacy and that the trails will not alter how the hillside drains. She expressed satisfaction with these answers. I acknowledged that there is little room for parking or turnaround on the street but that we may be able to mitigate these concerns with signage or other parking control options. I told her I would speak with the Director of Public Works but made no promises of what we might do. She said she would write a comment letter providing her suggestions.

Attachment L
MEMORANDUM:

To: Katherine Schaefers
From: Neil Davis
Date: 8/19/2025
Subject: Meeting with Kevin Jennings and Matt Keizer
At the request of Kevin Jennings, I met with Mr. Jennings and Matt Keizer to discuss the Lookout Peak Trail Project. During an hour long meeting we discussed Mr. Jennings concerns regarding the public safety and the potential impact on Search and Rescue operations due to the addition of trails in the western hills. Mr. Jennings in particular suggested the trails should be 6-7 feet wide. I told him this does not meet the Ukiah Valley Trail Group Trail Design standards nor meet the preferences of trail users. We also discussed other options for facilitating emergency response in the area. I did not commit to any specific action other than continuing to work with the Ukiah Valley Fire Authority.

Attachment 1

CALIFORNIA ENVIRONMENTAL QUALITY ACT
DRAFT

INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION
FOR

LOOKOUT PEAK TRAIL PROJECT
July 3, 2025
SCH No: XXXXXXXXX
Prepared by:

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

Table of Contents
I. PROJECT INFORMATION 1
II. PROJECT DESCRIPTION 2

1. Project Location 2

2. Environmental Setting 2

3. Background 3
4 Project Components 5
III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 9
IV. DETERMINATION 13
V. EVALUATION OF ENVIRONMENTAL IMPACTS 14

1. Aesthetics 14

2. Agriculture and Forestry Resources 17

3. Air Quality 18

4. Biological Resources 20

5. Cultural Resources 25

6. Energy 27

7. Geology and Soils 29

8. Greenhouse Gas Emissions 31

9. Hazards and Hazardous Materials 33

10. Hydrology and Water Quality 36

11. Land Use and Planning 38

12. Mineral Resources 39

13. Noise 40

14. Population and Housing 42

15. Public Services 43

16. Recreation 44

17. Transportation 46

18. Tribal Cultural Resources 48

19. Utilities and Service Systems 50

20. Wildfire 51

21. Mandatory Findings of Significance 54
VI. REFERENCES 55
VII. MITIGATION MONITORING AND REPORTING PROGRAM 58
VIII. ATTACHMENTS 60
A. Existing Conditions Photographs 60
B. Final Recorded Map and Deed (LLA25-000003) 60
C. City of Ukiah Native Plant Palette 60
D. Ukiah Valley Trail Group Philosophy and Design and Maintenance Standards 60 E. Lookout Peak Shared-Use Trails: Concept Plan Review 60 F. Fire- Hardened Trails (Vegetation Management Corridors) 60 G. WHWPA Road and Fire Break Maintenance Plan 60
H. Biological Assessment Report 60
I. Concept Trail Map 60

Attachment J

NOTICE REGARDING UPDATED ENVIRONMENTAL ANALYSIS AND PROJECT

REVISIONS FOR THE LOOKOUT PEAK TRAIL PROJECT
This Initial Study/Mitigated Negative Declaration (ISMND), originally released on July 3, 2025, has been substantially updated following the public review period and in direct response to comments received from various stakeholders, particularly the Ukiah Valley Fire Authority (UVFA). These updates reflect a more comprehensive environmental analysis of the Project, now explicitly including the ongoing implementation of the Western Hills Watershed Protection Area (WHWPA) Road and Fire Break Maintenance Plan (Attachment G), and new Mitigation Measures PS-1 and PS-2, which were refined based on agency and public input.

Furthermore, the Project scope itself has been revised to directly address community concerns. These revisions include the elimination of the second proposed trailhead on Helen Avenue, the realignment of trail #101 to enhance privacy for adjacent residences, and the proposed painting of parking space delineators on Helen Avenue to improve parking availability. These project revisions and comprehensive mitigation measures serve to clarify, amplify, and further mitigate potential impacts, ensuring all potential environmental impacts are reduced to a less-than-significant level. Accordingly, these updates do not identify new significant environmental impacts or a substantial increase in the severity of previously identified impacts that would necessitate recirculation of this document under the California Environmental Quality Act (CEQA).

The full updated document is available for review at: https://cityofukiah.com/lookout-peak-trails/

1 Lookout Peak Trails
Draft Initial Study and Mitigated Negative Declaration
City of Ukiah
I. PROJECT INFORMATION
Project Title:

Lookout Peak Trails
Lead Agency Address and Phone Number:

City of Ukiah
300 Seminary Avenue
Ukiah, California 95482
(707) 463-6200
Project Contact Person and Phone Number:

Neil Davis, Director
City of Ukiah Community Services Department
(707) 467-5764
[email protected]
CEQA Contact Person and Phone Number:

Katherine Schaefers
City of Ukiah Community Development Department
(707) 463-6203
[email protected]
Project Location: The trail would be located on a City-owned parcel located in the City on Ukiah’s Western Hills Watershed Protection Area
General Plan Designation: Public (P)
Zoning District: Public Facilities (PF)

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II. PROJECT DESCRIPTION

1. Project Location
The project is located in the City of Ukiah approximately 100 miles north of San Francisco. The approximately 760-acre project site is situated to the immediate west of the City of Ukiah in the City’s Western Hills Watershed Protection Area (WHWPA). Figure 1 below provides a location map for the WHWPA. Photographs of the existing site and conditions are included as Attachment A.

Figure 1, Project Location; City of Ukiah Western Hills Watershed Protection area in yellow.

2. Environmental Setting
The Project area 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 average temperatures for this region range from about 30 to 100 degrees Fahrenheit.

The Project is located within the Ukiah Valley in central Mendocino County. The Ukiah Valley is located approximately 30 miles east and inland from the Pacific Ocean. It runs north-south for approximately

3 Lookout Peak Trails
Draft Initial Study and Mitigated Negative Declaration
City of Ukiah
nine miles, with a maximum width of three miles, with elevations varying from approximately 600-feet above mean sea level up to approximately 3,000 feet in the hills surrounding the city, including the Western Hills. The Russian River enters the valley at the north end and runs south along the valley floor. The City of 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. Incorporated in 1876, Ukiah is the county seat and largest city in Mendocino County.

Vegetation communities in the area include mixed oak, isolated and sparse redwood and Douglas fir forest stands, chaparral, and manzanita. The project will create a trail system of approximately twentytwo miles. Trails will be predominantly under a substantial tree canopy cover or hidden by high chamise rendering it invisible from the valley floor. The project area includes ridge roads and a one acre area that was used as a cannabis grow site but is otherwise substantially native and undisturbed which will be restored as part of the project. The southern portion of the project area drains to the class I Doolin Creek, and the northern area drains to two un-named class III drainages.

3. Background
A series of three sequential Lot Line Adjustments were recorded over the last year, resulting in the current parcel configuration (Figure 2), approved by the City Engineer on January 24, 2025.

Attachment B includes the Final Recorded Map and analogous Quitclaim Deed An existing road, installed in the 1960’s, climbs from the end of Redwood Ave directly up the spine of the ridge for two and a half miles to the western edge of the property. The road was improved in 2015- 2017 and the lower section is now paved as it crosses private property for approximately three quarters of a mile. The City of Ukiah holds an access easement across this property for city staff and maintenance access. Approximately 300 yards up the private portion of Redwood Avenue, a halfmile-long spur road provides access to the south. A previous owner of this portion of the property cleared and levelled a one-acre area for cannabis cultivation. Remnants of the grow site remain including footings from a “grow house.” The cannabis grow site will be cleaned and restored as part of the project. A variety of fire breaks and roads extend parallel and perpendicular to the main road adding 2.5 miles to the system for a total of five and a half miles of roads and firebreaks on the site.

Public access to the trail system will be from a single trailhead on Doolin Canyon Road.

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Draft Initial Study and Mitigated Negative Declaration
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Figure 2, Lot Line Adjustment; File No. LLA25-000003 Parcel I (Inst. No. 2025-02655) The use of the WHWPA is governed by the City’s Western Hills Watershed Protection Area Management Plan (Adopted, 2023). Recreational non-motorized trails are an allowed use per the Plan.

The proposed trail routes and design (Figure 2) were established by Rock Solid Trail Contracting and Jon Schubbe Consulting. Additionally, the routes have been reviewed and approved by the Ukiah Valley Trail Group (UVTG), a volunteer non-profit organization dedicated to preserving, enhancing, and establishing trails in the Inland of Mendocino County. UVTG staff and volunteers have extensive experience in trail design, building, and maintenance and will build and maintain the trails.

5 Lookout Peak Trails
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Figure 3, Concept Trail Plan (Attachment I)
4 Project Components
The Project proposes the development of a passive use public access trail system for hiking, mountain biking, and access to nature. GIS mapping of the trail system has been completed and is represented in Figure 2. The concept trail alignments were created by Jon Schubbe Consulting. The alignments were informed by onsite evaluations and scoping followed by computer assisted layout design. As a direct revision in response to public comment, the trail system will now be accessed exclusively from a single trailhead located at the bottom of Doolin Canyon Road, with the previously proposed second trailhead on Helen Avenue eliminated. Additionally, trail #103 has been eliminated from the plan, and Ukiah Valley Trail Group (UVTG) trail designers have realigned trail #101 to place the trail as high as possible above neighboring houses. With this new alignment, trail #101 is expected to be more than 150 feet away from, and fifty feet in elevation above, the nearest neighboring houses, significantly enhancing privacy for adjacent residences.

The trail system provides a “Stacked Loop” design allowing users a wide variety of options with up to 22 miles of trails. The system lays out approximately four miles of trail in the “Gateway” area and an additional eighteen miles of trails in the Lookout Peak area. The Gateway area will provide two small loops identified on the map as the 100 and 200 series segments that are expected to see the most use. A single out and back trail (segment 301) will connect the Gateway area (lower loops) to the upper loops of the Lookout Peak area (400 500, 600, 700, and 800 series segments). The 600 through 800 segments will create three loops with a mountain bike downhill-only trail bisecting two of the upper

6 Lookout Peak Trails
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loops (Figure 3). The top loop will circumnavigate the upper extent of the property and provide 360- degree views of three different watersheds. Additionally, the Lookout Peak area trails will provide multiple interfaces with existing truck roads providing additional options for users who care to experience the roads.

At the top of the Gateway area at the intersection of trail segments 201, 202, and 301 (Intersection B in Figure 2) there is a one-acre flat area that was created by a previous owner for a Cannabis grow site (Figure 4). The concrete footings and galvanized steel poles remain from a cannabis “grow house.” This project will remove these footings and any remaining detritus and restore the area with native plants. Restoration will be provided by Ukiah Valley Trail Group staff, volunteers, and or contractors with consultation from subject matter experts and informed by the City of Ukiah’s Native Plant Palette (Attachment C)
Figure 4, Remnants of Cannabis Grow Site
The trails will be built in accordance with the UVTG Design and Maintenance Standards (Attachment D) and the Lookout Peak Shared-Use Trails; Concept Plan Review (Attachment E). Trail construction will utilize a variety of power and hand tools. Concept trail alignments will be verified on the ground with the assistance of GIS mapping tools to finalize trail alignments and mark the path of construction.

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Vegetation and detritus materials will be removed to establish the trail’s path and contour. The trail is designed to minimize impacts on this natural vegetation, but the grading required to establish the 2 to 4-foot-wide trail at a relatively even grade will require the removal of groundcover and bushes along its entire length. The initial trail cutting and shaping will utilize a small excavator designed specifically for trail construction. Base cuts will be made to remove the uppermost organic layer and expose base soils while causing minimal disturbances to trailside banks. This method also allows for the construction of a combination of three percent out-slopes, rolling dips, grade reversals, and tapered shoulders that are designed to allow sheet water drainage patterns over the trail to reduce erosion and subsequent maintenance. Finishing and shaping of the trail will utilize a variety of power and hand tools such as power wheelbarrows, vibra-plates, jackhammers, and hand tools.

Trail grades will vary according to topography with average grades of 7 to 8 percent, for the majority of the trails, with some shorter trail sections in the steeper areas reaching approximately 12 percent.

Trail stairs may be used in particularly steep sections. However, trail routes will ensure that the average grade for the entirety of the trail does not exceed the 10 percent threshold suggested in the UVTG standards. The proposed trail will run almost entirely beneath a substantial tree canopy cover of natural woodlands consisting mainly of native tree and understory species (see photos in Attachment A). In accordance with the UVTG Design and Maintenance Standards, the trail will be 2 to 4 feet wide, back sloped to create an angle of repose and built using a variety of best-practice methods including out sloping and rolling dips to allow sheet water drainage. The proposed trail alignments will not cross or approach Doolin Creek . All construction will follow the UVTG Design and Maintenance Standards intended to reduce erosion. Seasonal and class III drainages and swales will be hardened or spanned with small footbridges with footings outside of the bed and bank of the drainage.

After construction the UVTG will consult with the Ukiah Valley Fire Authority to assess trail segments that may be appropriate for “fire-hardening” (Attachment F). A Fire-Hardened Trail is a designated and managed corridor that combines both vegetation management and recreational trails. It is a corridor where the preservation and enhancement of the forest plays a significant role in forest restoration and fuels reduction work and is integrated with the creation of trails for recreational use.

Fire hardened trails are similar to shaded fuel breaks and serve as multi-functional spaces that cater to both environmental conservation and community well-being. They are designed to provide a harmonious blend of nature and recreation, promoting a healthier lifestyle while preserving and enhancing the natural environment.

The proposed trail route and design was established by Rock Solid Construction, Jon Schubbe Consulting, and the UVTG. Trail alignments were selected to maintain consistent slope integrity and to keep disturbances to natural areas at minimal levels. Trimming of encroaching tree branches will be required along portions of the trail. Tree branch pruning, trimming, and root care activities will be limited to those branches and roots that would represent hazards to trail users or cause extensive detours and additional grading for the trail route. The trail crosses a few areas of dense, immature redwood and other trees of less than 6 feet diameter breast height (dbh). Thinning of these small, immature trees will be required to create a trail corridor. Clearing of these dense stands of immature trees will reduce fuel load while leaving many small trees on both sides of the trail for continued growth.

Safe access to the project area, both for trail construction as well as for the potential need for future Search and Rescue operations, will require the roads and fire breaks in the area to be adequately maintained. Road and fire break maintenance will be performed in accordance with the City of Ukiah’s WHWPA Road and Firebreak Maintenance Plan (Attachment G)

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Project funding is expected to come from donations, grants, and UVTG fundraising. Maintenance will be provided by the UVTG in collaboration with the City of Ukiah.

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III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
Purpose of the Initial Environmental Study: This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the Project, as proposed, would have a significant impact upon the environment.

The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.

Aesthetics Agriculture & Forestry Air Quality
Biological Resources Cultural Resources Energy
Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance
Summary of Findings: The Project proposes the development of up to 22 miles of narrow-gauge natural surface trail for hiking and mountain biking in the City of Ukiah’s Western Hills Watershed Protection Area. Following the public review period for the Initial Study and in direct response to comments received, particularly from the Ukiah Valley Fire Authority (UVFA), the Project has been clarified to explicitly include the ongoing implementation of the WHWPA Road and Fire Break Maintenance Plan (Attachment G). This Plan details essential maintenance activities such as vegetation clearing, road work, understory thinning, and dead tree removal for approximately five and a half miles of roads and fire breaks within the Western Hills Watershed Protection Area.

The proposed trail routes and design were established by Rock Solid Trail Construction, John Schubbe Consulting and the Ukiah Valley Trail Group (UVTG) and are designed to maintain consistent slope integrity and keep disturbances to natural areas at minimal levels, built in accordance with the UVTG Design and Maintenance Standards (Attachment D).

Without mitigation, the Project (including both trail construction and WHWPA maintenance activities) could potentially have significant negative impacts in the areas of Air Quality, Biological Resources, Hydrology/Water Quality, Hazards and Hazardous Materials, Public Services, and Wildfire. However, with the incorporation of identified mitigation measures, all potential impacts would be reduced to a less-than-significant level.

Environmental Impact Categories Summary:

Aesthetics: The Project, including the narrow trails and maintenance activities, will be predominantly under substantial tree canopy cover or hidden by high chamise, rendering it largely invisible from the valley floor. The trails themselves are part of the aesthetic experience trail users seek. As such, the project will have no significant impact on Aesthetics.

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Agriculture & Forestry Resources: The Project site does not contain Unique Farmland, or Farmland of Statewide Importance, and is not subject to agricultural zoning or Williamson Act contracts. No forest land will be lost, and the Project does not involve changes that would result in the conversion of agricultural or forest land to non-agricultural or non-forest uses. No impact would occur.

Air Quality: Trail construction will utilize small excavators and power tools. The WHWPA Road and Fire Break Maintenance Plan (Attachment G) includes maintenance activities that involve equipment such as hand crews, dozers, or masticators for vegetation clearing, and grading equipment for road work. These activities have the potential to generate dust and exhaust emissions. However, Mitigation Measures AQ-1 and AQ-2 (regarding vegetation removal methods and diesel equipment permits, respectively) will be implemented to ensure that construction and ongoing maintenance activities adhere to air quality regulations, resulting in less than significant impacts with mitigation incorporated.

Biological Resources: Both trail construction and WHWPA Road and Fire Break Maintenance activities (Attachment G) have the potential to impact special-status wildlife and plant species, as well as sensitive natural communities. A Biological Assessment (Attachment H) identified 22 specialstatus wildlife species with moderate to high potential to occur and anecdotal reports of Redwood Lilies. However, Mitigation Measures BIO-1 through BIO-7 (including worker awareness, nesting bird surveys, bat surveys, mammal den surveys, Monarch butterfly surveys, carbon loss replacement, and watercourse protections) will be strictly implemented. Notably, the WHWPA Maintenance Plan itself includes embedded mitigation measures such as conducting nesting bird surveys, avoiding work during Redwood Lily blooming periods, leaving a minimum of 6 "snags" per acre, and adhering to a 50-foot no-work buffer from Class III or higher flow streams. With these comprehensive measures, potential impacts on sensitive biological resources would be reduced to a less than significant level with mitigation incorporated.

Cultural Resources: Records searches and archaeological surveys found no historical or archaeologically significant sites within the project area. The site has a low potential for such resources due to topography. Construction activities will adhere to CEQA Guidelines Section 15064.5 (e-f) for accidental discoveries. All required tribal notifications have been fulfilled. Impacts are anticipated to be less than significant.

Energy: The project does not risk significant impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation nor does the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

Geology / Soils: The Project site is within the Franciscan Complex, generally not known for significant fossil findings at shallow depths. Given the minimal ground disturbance for trail construction and adherence to best practices for road work in the WHWPA Road and Fire Break Maintenance Plan (Attachment G) to manage erosion, impacts to geology or soils would be less than significant.

Greenhouse Gas Emissions: The project will not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment, nor does it conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

Hazards & Hazardous Materials: The Project site is designated as having a "Very High" fire severity risk within a Local Responsibility Area. Temporary construction activities for the trail, as well as the operation of equipment for WHWPA maintenance (Attachment G), could introduce temporary ignition sources. However, Mitigation Measure HAZ-1 requires fire-safe precautions for gasoline-powered equipment. No hazardous waste sites are present, and the project would not create a safety hazard

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related to airport operations. With HAZ-1, impacts would be reduced to less than significant with mitigation incorporated.

Hydrology/Water Quality: The project area contains one Class I and various Class III watercourses.

The WHWPA Road and Fire Break Maintenance Plan (Attachment G) includes road work and vegetation clearing activities that could potentially affect water quality. However, the WHWPA Plan explicitly states that "No work will be done under this management plan within 50 feet of a class III or higher flow stream". All road work will be in accord with the Handbook for Forest, Ranch, & Rural Roads (2015). Mitigation Measure BIO-7 also requires standard erosion and sediment control measures for all earthwork near watercourses. These robust measures ensure impacts associated with erosion, siltation, drainage, and water quality would be less than significant with mitigation.

Land Use / Planning: The Project is consistent with the Ukiah 2040 General Plan and does not divide an established community or interfere with any land use plans. No impact would occur.

Mineral Resources: The project will have no impact on the availability of a known mineral resource.

Noise: Temporary noise and vibration will be generated during trail construction and WHWPA maintenance activities (Attachment G), which involve equipment such as small excavators, dozers, masticators, and chippers. However, due to the temporary, intermittent nature, adherence to City noise ordinances (7:00 a.m. to 7:00 p.m. work hours), and the distance to sensitive receptors, noise impacts would be less than significant.

Population / Housing: The Project would not affect the number of students served by local schools, nor would it increase new residents, thus not requiring expanded school facilities. No impact would occur.

Public Services: The Project, including the new trails, could lead to prolonged, difficult medical responses for injured trail users without mitigation. To address this, Mitigation Measure PS-1 requires consultation with Ukiah Valley Fire Authority (UVFA) officials prior to construction to incorporate best approaches for search and rescue operations, including medical rescue life-flight landing zones and trail connectors for first responder access. The WHWPA Road and Fire Break Maintenance Plan (Attachment G) further supports this by including maintenance of Medevac Landing Zones and ensuring roads are open for emergency access. Additionally, Mitigation Measure PS-2 commits the City to develop and implement a Road and Fire Break maintenance schedule utilizing the WHWPA Road and Fire Break Maintenance Plan (Attachment G) to manage wildfire risk and maintain emergency access. This minimizes the use of City park staff for trail maintenance, as it will be predominantly handled by UVTG volunteers. With these measures, impacts on public services would be less than significant with mitigation incorporated.

Recreation: The Project will provide new recreational opportunities and is consistent with City goals for parks, recreational facilities, and trails. To address public feedback, the Project was revised to feature a single trailhead on Doolin Canyon Road, and parking on Helen Avenue will be optimized with delineators to ensure adequate availability for residents and trail users. No significant impact on recreation would occur.

Transportation: Emergency access would continue to be provided, and Mitigation Measure PS-1, supported by the explicit provisions in the WHWPA Road and Fire Break Maintenance Plan (Attachment G) for maintaining Medevac Landing Zones and assuring safe ingress/egress, ensures efficient emergency response for trail users and the overall WHWPA area. Project revisions, including the elimination of the second trailhead on Helen Avenue, further reduce potential traffic and safety concerns in residential areas. The Project would not create new safety hazards or result in inadequate emergency access. Impacts would be less than significant.

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Tribal Cultural Resources: No tribal cultural resources have been identified, and all required tribal notifications have been fulfilled. Impacts are anticipated to be less than significant.

Utilities/Service Systems: The Project will not result in the construction or expansion of utilities, have insufficient water supplies, inadequate wastewater treatment capacity, or exceed solid waste infrastructure capacity. No impact would occur.

Wildfire: The Project site is in a "Very High" fire severity risk area. The WHWPA Road and Fire Break Maintenance Plan (Attachment G) is an integral, proactive component of this Project, specifically designed to reduce inherent wildfire risks by implementing comprehensive fuel modification, road maintenance for emergency access, and maintaining shaded fuel breaks. Mitigation Measure PS-2 formalizes the implementation of this maintenance schedule. Temporary construction fire risks are mitigated by HAZ-1. Mitigation Measure PS-1 also enhances emergency response capabilities in this high-risk area. With these robust measures, the Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires, and impacts would be less than significant with mitigation incorporated.

Mandatory Findings of Significance: As described throughout this Initial Study, all potential impacts, including those associated with WHWPA Road and Fire Break Maintenance activities, would be reduced to a less than significant level with mitigation incorporated. The Project does not have the potential to substantially degrade the quality of the environment, substantially reduce habitat, cause populations to drop below self-sustaining levels, threaten plant or animal communities, reduce the range of rare or endangered species, or eliminate important historical/prehistorical examples.

Cumulative Impacts: Cumulative impacts were considered in analyses of Air Quality, Biological Resources, Hydrology/Water Quality, Hazards and Hazardous Materials, Public Services, Noise, and Wildfire. The Proposed Project, including the WHWPA Road and Fire Break Maintenance activities, would have less than significant impacts on these resources with mitigation incorporated. Short-term construction and maintenance impacts would not significantly contribute to cumulative impacts In summary, based upon the analysis contained within this Initial Study and Mitigated Negative Declaration, all potential impacts resulting from the Lookout Peak Trail Project and the WHWPA Road and Fire Break Maintenance Plan would be less than significant with the incorporation of identified mitigation measures.

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IV. DETERMINATION
On the basis of the initial evaluation that follows:
____ I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. __X__ I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures and project revisions have been identified that would reduce all impacts to a less than significant level. A MITIGATED NEGATIVE DECLARATION will be prepared. _____ I find that the proposed Project MAY have a significant effect on the environment. An ENVIRONMENTAL IMPACT REPORT is required.
_____ I find that the proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. _____ I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required.

Katherine Schaefers
Signature
Katherine Schaefers, Planning Manager
Community Development Department
City of Ukiah
[email protected]

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V. EVALUATION OF ENVIRONMENTAL IMPACTS
The purpose of this Initial Study/Mitigated Negative Declaration (IS/MND) is to provide an analysis of the potential environmental consequences as a result of the proposed Project. The environmental evaluation relied on the following categories of impacts, noted as column headings in the IS checklist, in accordance with CEQA Guidelines Appendix G.
“Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.

Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.”
“Less Than Significant Impact” applies where the Project would not result in a significant effect (i.e., the Project impact would be less than significant without the need to incorporate mitigation). “No Impact” applies where the Project would not result in any impact in the category or the category does not apply. This may be because the impact category does not apply to the proposed Project (for instance, the Project Site is not within a surface fault rupture hazard zone), or because of other projectspecific factors.

1. Aesthetics
AESTHETICS. Would the project: Potentially
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

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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: As discussed in the City of Ukiah’s 2040 General Plan, one of the most notable scenic resources in the City limits is the Western Hills. The surrounding hills frame the valley, creating an aesthetic resource for residents and visitors. Views of expansive undeveloped hillsides to the north, east and south, within the County jurisdiction, also surround the City. Many open space and scenic areas in Mendocino County are protected under easements managed by land trusts, none of which are located within the vicinity of the Proposed Project. Some surrounding hillsides are densely forested with evergreen trees, while others are relatively open in comparison, dominated by mature oak trees set amid scrub and grasslands. Some residential development is visible within the Western Hills from the valley floor. Water in the form of creeks, streams, and rivers is often a prominent feature in the landscape as well. Protecting the natural scenic features has been a priority for the City of Ukiah.

The Project site consists of an undeveloped parcel immediately west and uphill from Helen Avenue.

Jacobszoon & Associates conducted a biological assessment and botanical survey of the area (Attachment H) and identified the area as classified under three MCV2 classification systems: (1) Quercus wislizeni-Quercus chrysolepis (shrub) Shrubland Alliance, (2) Arctostaphylos (canescens, manzanita, stanfordiana) Shrubland Alliance, and (3) Pinus sabiniana Woodland. These communities are considered non-sensitive and thus require no special protection. No sensitive biological communities were identified.

Three watercourses flow through the Study Area including Doolin Creek, a Class I watercourse, and two unnamed Class III watercourses. The Class I watercourse is classified by the United States Fish and Wildlife Service’s (USFWS) National Wetland Inventory (NWI) (Appendix D: Map 7, National Wetlands Inventory) as a Riverine System which includes all wetland and deepwater habitats contained within a channel. The Study Area has a 100-Year Flood Zone hazard rating of moderate according to the FEMA National Flood Hazard Layer (NFHL) (Appendix D: Map 8, NFHL 100-Year Flood Zone). No trails are planned to cross or provide views of Doolin Creek.

Segments 301 and 401will cross class III water courses providing trail users with a seasonal opportunity to view running water.

No special-status species were observed during the biological site assessment. The biological site visit and botanical survey was conducted during the blooming period for the species identified.

Discussion: (a & c) Less than significant impact. Scenic vistas are 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. The Western Hills are considered a scenic vista as viewed from the valley floor. Generally speaking, public views of the Western Hills are available from roadways, and adjacent residential areas within the valley floor. Conversely, expansive views of the valley are provided from vantage points within the Western Hills, particularly from trails such as will become available with the completion of this project.

Almost the entire trail system will be situated beneath the natural forest canopy (see photos in Attachment A) and would not be seen from public vantage points. The fairly narrow (2 to 3-foot) proposed trail has been designed to avoid substantial vegetation and tree removal. Although some

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vegetation removal will be required, it would not result in a substantial impact to views of the Western Hills, as the trail would not be visible from public vantage points within the valley floor, and the trail would be similar in nature to the existing City View and Sol y Sombra Trails, as well as other trails in the surrounding area. Similarly, impacts associated with the period of trail construction would be considered temporary and minimal. Lastly, the trail would offer vantage points containing views of valuable aesthetic resources. For the aforementioned reasons, the Project would not result in a significant impact to scenic vistas, nor the visual character of the site or area. (a) Impacts would be less than significant.
(b) No impact. According to the California Department of Transportation’s (Caltrans) State Scenic Highway System Map, there are no designated state scenic highways within the vicinity of the Project. In addition, there are no highways identified as eligible for state designation. Therefore, the Project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Lastly, the City’s General Plan, the County General Plan does not designate any local scenic roads in the Project area; no impact to scenic resources within a designated scenic corridor would occur. (c) No Impact
(d) No impact. Construction would take place during daylight hours and no lighting is proposed along the trail. No impact would occur.

Mitigation Measures: None

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2. Agriculture and Forestry Resources

AGRICULTURE AND FORESTRY
RESOURCES. Would the project:

Potentially
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 nonagricultural use or conversion of forest land to nonforest 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 1950’s, 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 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. According to the County of Mendocino’s Public GIS system, there are no Williamson Act contracts within the Project site.

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There are no zoning districts within the City limits for Agriculture or Timber Preserve. While there is an overlay for agriculture in the Zoning Ordinance, it is not applied over any parcel within the City limits. There are a small number of City parcels which have current agricultural use, such as existing vineyards. However, they are ongoing non-conforming uses within non-agricultural zoning districts.

According to the California Department of Conservation Farmland Mapping & Monitoring Program, California Important Farmland Finder, the majority of lands within the City of Ukiah are identified as “Urban Built-Up Land”.

Discussion: (a-e) No Impact. According to the California Department of Conservation Farmland Mapping & Monitoring Program, California Important Farmland Finder, the Project site does not contain Unique Farmland, or Farmland of Statewide Importance. The site is zoned Public Facilities, consistent with the Ukiah 2040 General Plan’s Public land use designation, which allows for natural resource areas as a typical use. There are no agricultural uses or Williamson Act contracts on-site or in the immediate vicinity. The Project would not convert Farmland, conflict with existing zoning for agriculture or forest land, and would not involve changes to the environment that would result in the conversion of agricultural resources to non-agriculture uses. No impact would occur.

Mitigation Measures: None

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

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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, and is under the jurisdiction of the Mendocino County Air Quality Management District (MCAQMD). The area’s climate is considered Mediterranean, with warm, dry summers and cooler, wet winters. Summer high temperatures average in the 90’s 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 50’s and 60’s. 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.

The MCAQMD, which includes the City of Ukiah and surrounding areas, is designated as nonattainment for the State Standard for airborne particulate matter less than 10 microns in size (PM10).

Particulate matter (PM) has significant documented health effects. The California Clean Air Act requires that any district that does not meet the PM10 standard make continuing progress to attain the standard at the earliest practicable date. The primary sources of PM10 are wood combustion emissions, fugitive dust from construction projects, automobile emissions and industry. Nonattainment of PM10 is most likely to occur during inversions in the winter. Regulation 1 of the MCAQMD contains regulations (known as “Rules”) to regulate particulate matter; these Rules prohibit activities that would result in the injury, detriment, or annoyance of a considerable number of people, or which endanger the health and safety of the public.

The MCAQMD also provides the following significance thresholds for construction emissions:

1. 54 pounds per day of ROG (reactive organic gas)

2. 54 pounds per day of NOx (oxides of nitrogen as nitrogen dioxide)

3. 82 pounds per day of PM10 (particulate matter less than 10 microns in size)

4. 54 pounds per day of PM2.5 (airborne particulate matter with a diameter of 2.5 microns or less)

5. Best Management Practices for Fugitive Dust – PM10 and PM2.5 Discussion: (a-d) Less than significant with mitigation incorporated. Short-term constructionrelated air quality impacts from emissions and dust typically result from projects requiring significant grading or new construction, in addition to vehicle trips and operation of diesel equipment. The Lookout Peak Trail Project involves trail construction using small excavators and power tools. In addition, the WHWPA Road and Fire Break Maintenance Plan (Attachment G), which is being reviewed as part of this Project, includes ongoing maintenance activities such as "Clearing of encroaching vegetation with hand crews, dozers, or masticators," "Grading and shaping of the running surface of the road," "Understory Thinning/Brushing," "Piling, Burning," "Chipping/Hauling," and "Dead Tree Removal" [6, WHWPA Road And Fire Break Maintenance Plan.pdf, Proposed Activities, previous conversation].

These activities, which involve heavy equipment and vegetation disturbance, have the potential to generate particulate matter (dust) and exhaust emissions from various types of construction and maintenance equipment.

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All such activities, whether for trail construction or ongoing WHWPA maintenance, will adhere to all applicable Mendocino County Air Quality Management District (MCAQMD) regulations, including Best Management Practices (BMPs) for fugitive dust and emissions, to reduce air quality impacts to a less than significant level. Specifically, Mitigation Measure AQ-1 mandates vegetation removal methods that minimize air pollutants and prohibits burning without appropriate permits. This measure directly applies to the vegetation clearing, thinning, and piling/burning activities specified in the WHWPA Maintenance Plan. Mitigation Measure AQ-2 requires off-road equipment with diesel engines (such as the dozers and masticators identified in Attachment G) to have valid Air Quality permits or state Portable Equipment Registration Program (PERP) Registrations, ensuring equipment meets emissions standards
The nearest sensitive receptors (residences on Helen Ave. and San Jacinto Ave, and Nokomis School approximately 1,000 feet east of the easternmost section of the proposed trail) are sufficiently distant from the majority of project activities. The limited, temporary nature of these activities, combined with strict adherence to Mitigation Measures AQ-1 and AQ-2, ensures that the Project is not anticipated to expose sensitive receptors to substantial pollutant concentrations. The Project would not exceed the construction thresholds established by the MCAQMD, and air quality impacts associated with shortterm construction and ongoing WHWPA maintenance activities would be less than significant with mitigation. Once completed, the trail and its associated maintenance would not result in long-term air quality impacts.

Mitigation Measures:

AQ-1: Vegetation Removal. Vegetation removal methods shall include chopping larger materials onsite to be disbursed with materials largely in contact with the ground; burning of vegetation shall not be allowed without obtaining the appropriate burn permits.

AQ-2: Diesel Engines – Stationary and Portable Equipment and Mobile Vehicles:
a. Off-road equipment with auxiliary diesel engines rated at 50 brake horsepower or greater, must have either a valid Air Quality permit, or a state Portable Equipment Registration Program (PERP) Registration.

4. Biological Resources
BIOLOGICAL RESOURCES. Would the project: Potentially
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?

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BIOLOGICAL RESOURCES. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
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; conflict with any local policies/ordinances that protect biological resources or conflict with a habitat conservation plan.

Environmental Setting: Regionally, the Project area (Ukiah Western Hills) has historically been used primarily for recreation, timber harvest, homesite development, and undeveloped open space/wildlife habitat. The hills rise steeply from the valley floor and are predominated by eastern facing slopes. A number of unclassified drainages create small sections of north-east and south-east facing slopes. The Project area is classified under three MCV2 classification systems: (1) Quercus wislizeni-Quercus chrysolepis (shrub) Shrubland Alliance, (2) Arctostaphylos (canescens, manzanita, stanfordiana) Shrubland Alliance, and (3) Pinus sabiniana Woodland.

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A Biological Assessment was prepared for the Project by Jacobzsoon and Associates (August 21, 2024; Attachment H) and included a Biological (wildlife) Assessment and a Botanical Survey The purpose of the assessment was to identify sensitive communities within the Study Area. The Biological Assessment is also designed to address the potential for cumulative impacts to biological resources that may occur as a result of the Project and to make recommendations to reduce or mitigate potential impacts. The Biological Assessment includes the analysis and comparison of existing habitat conditions within the Study Area with the documented range and habitat requirements of sensitive wildlife species described in the California Department of Fish and Wildlife’s (CDFW’s) California Wildlife Habitat Relationships System (CWHR) to determine if they would be directly or potentially impacted by the Proposed Project. As a part of the assessment field surveys were conducted on April 17th, April 18th, May 22nd, May 23rd, and July 18th.

Prior to conducting field surveys, available reference materials were reviewed, including the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) Web Soil Survey, the USFWS NWI, the Ukiah 7.5-minute USGS quadrangle topographic maps, and the most recent available aerial imagery. The 100-year flood zone was assessed using the Federal Emergency Management Agency’s (FEMA) NFHL. The location of streams and watercourses within the project vicinity were reviewed using datasets from California Streams and the California Department of Forestry and Fire Protection (CAL FIRE). The potential for occurrences of rare, threatened, endangered or plant and animal species of concern within or near the Study Area were evaluated by reviewing the Ukiah, Orr Springs, and Elledge Peak, Laughlin Range, Redwood Valley, Potter Valley, Cow Mountain, Boonville, and Purdy’s Gardens 7.5 minute quadrangles topographic maps, aerial photography, California Native Plant Society’s (CNPS) Inventory of Rare and Endangered Plants (online edition, v9.5), CDFW’s Natural Diversity Database (CNDDB) Spotted Owl Data, CWHR, RareFind 5 and Quick Viewer Bios 6 processed and unprocessed data (online edition, v6.24.0604).

Discussion: (a) Less than significant impact with mitigation incorporated.

The Lookout Peak Trail Project, including the ongoing road and fire break maintenance activities outlined in the WHWPA Road and Fire Break Maintenance Plan (Attachment G), has the potential to affect biological resources. A Biological Assessment prepared by Jacobszoon and Associates (Attachment H) identified 22 special-status wildlife species with a moderate or high potential to occur within the Study Area based on habitat features present. Activities such as vegetation clearing, understory thinning, and dead tree removal, as detailed in Attachment G, could potentially impact these species or their habitats
To avoid or substantially lessen these potential impacts to a less-than-significant level, several mitigation measures from this ISMND will be implemented in conjunction with embedded measures within the WHWPA Maintenance Plan. Mitigation Measure BIO-1 requires a Worker Awareness and Education Program for sensitive amphibians, mammals, insects, and plants. Mitigation Measure BIO-2 mandates pre-construction nesting bird surveys prior to any vegetation removal or grounddisturbing activities during the nesting season (March 1 to August 31), ensuring active nests are not disturbed. The WHWPA Road and Fire Break Maintenance Plan (Attachment G) explicitly complements this by requiring nesting bird surveys from April 1st to August 31st prior to any project activities. Mitigation Measure BIO-3 requires pre-construction bat surveys if evidence of roosts is observed, and BIO-4 similarly calls for pre-construction surveys for special-status mammal dens or burrows if observed. Mitigation Measure BIO-5 addresses over-wintering Monarch butterflies, requiring surveys if observed. Furthermore, the WHWPA Maintenance Plan specifically addresses the protection of Lilium rubescens (Redwood Lily), a species identified in BIO-1, by prohibiting work during

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its blooming period (May 15-June 30th) unless surveys confirm its absence or seed dispersal has occurred. The plan also commits that "Clearing of deadfall trees will ensure that a minimum of 6 “snags” per acre remain to provide habitat", which is an embedded mitigation for wildlife. The maintenance activities are also designed to thin "overgrown to an unhealthy degree" and "dense and unhealthy western forests", potentially leading to long-term benefits for ecosystem health while managing short-term disturbance. With these combined measures, the Project's potential impacts on sensitive species and their habitats would be less than significant. (b) Less than significant impact with mitigation incorporated. Sensitive natural communities, as identified in the CNDDB or observed, are afforded special protection. During the Biological Assessment, the habitat within the Study Area was classified under three MCV2 classification systems, which are considered non-sensitive and thus require no special protection. However, the WHWPA Road and Fire Break Maintenance Plan (Attachment G) includes ongoing activities such as vegetation clearing, understory thinning, and dead tree removal. To address potential carbon loss and ecological impacts from tree removal, Mitigation Measure BIO-6 requires that any tree greater than 6 inches dbh removed during construction or maintenance shall be replaced at a ratio of 6 to 1 at the nearest available and appropriate site. This mitigation, applied to both trail construction and WHWPA maintenance activities, alongside the non-sensitive designation of the existing communities, ensures that impacts to natural communities remain less than significant. (c) Less than significant impact with mitigation incorporated. Aquatic resources, communities, and habitats (e.g., watercourses) are considered sensitive communities and are afforded special protections. Three watercourses flow through the Study Area: Doolin Creek (Class I) and two unnamed Class III watercourses. The WHWPA Road and Fire Break Maintenance Plan (Attachment G) explicitly addresses water quality protection. It states that "Objective 3 of the plan outlines the need to control erosion, protect water quality, and maintain facilities. This objective requires that road work be in accord with the Handbook for Forest, Ranch, & Rural Roads (2015)". Furthermore, the Maintenance Plan includes a critical embedded mitigation measure: "No work will be done under this management plan within 50 feet of a class III or higher flow stream". This 50-foot buffer significantly reduces the potential for direct impacts to watercourses from maintenance activities. Projected trail alignments do not cross or come near the Class I watercourse. For Class III watercourses, trail construction and any necessary maintenance activities will adhere to Mitigation Measure BIO-7, which requires standard methods of erosion and sediment control (e.g., straw, mulch, seeding, wattles, silt fencing) for all earthwork within or adjacent to (50 feet) any watercourse. Work will also be completed, if possible, while the channel is dry to reduce sediment load downstream. The commitment to adhere to the Handbook for Forest, Ranch, & Rural Roads (2015) further ensures best practices for water quality protection during road work activities. With these robust measures, impacts to aquatic resources and watercourses from both trail construction and WHWPA maintenance activities would be less than significant.
(d) Less than significant impact. There are no established native resident or migratory wildlife corridors, or native wildlife nursery sites within the Project area. As noted above, there are fish bearing streams on-site. Impacts would be less than significant. (e-f) Less than significant impact. There are no adopted Habitat Conservation Plans for the City of Ukiah, nor the larger Ukiah Valley that are applicable to the Project. Impacts would be less than significant.

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Mitigation Measures:

BIO – 1 Sensitive Amphibians, Mammals, Insects, and Plants. A Worker Awareness and Education Program (WAEP) will be conducted with trail crew leaders to provide information regarding sensitive species most likely to occur, even though they were not seen in the Biological or Botanical Surveys. This program will be conducted by a qualified professional and include red-bellied newt ((Taricha rivularis), Sonoma tree vole (Arborimus pomo), North American porcupine (Erethizon dorsatum), western red bat (Lasiurus blossevillii), hoary bat (Lasiurus cinereus), and fisher [West Coast DPS] (Pekania pennanti), western bumble bee (Bombus occidentalis), and Redwood Lily (Lillium rebescens). Education shall include monitoring for evidence of bat roosts (i.e. bat guano, ammonia odor, grease stained cavities) around trees or structures. Should evidence of these species be noted, it will trigger additional surveys conducted by a qualified biologist for activities that may affect the noted species.

BIO-2: Nesting Birds. No special status avian species were noted in the project area. However, Federal and State law protects all native birds. Pre-construction surveys shall be conducted by a qualified biologist prior to any vegetation removal or ground disturbing activities occurring between March 1 and August 31 of any year. All active bird nests shall not be removed, relocated, or otherwise disturbed for any purpose until all fledglings have left the nest BIO-3: Roosting Bats. If evidence of bat roosts are observed (i.e. bat guano, ammonia odor, grease stained cavities) around trees, cavities, or structures proposed for removal, pre-construction bat surveys should be conducted no more than 14 days prior to groundbreaking activities. If bat roosts are identified, buffer or mitigation measures should be established by a qualified biologist.

BIO-4. Mammal Dens or Burrows. If evidence of special-status mammal borrows or denning activity is observed, it is recommended that pre-construction surveys be conducted by a qualified biologist for activities that may affect den sites.

BIO-5: Over-Wintering Monarchs. Monarch Butterflies “Over-Winter” in groups between November 1st and January 31st. If monarchs are observed in this time frame monarch surveys should be conducted by a qualified biologist no more than 14 days prior to the commencement of tree/shrub removal.

BIO- 6: Carbon Loss. Any tree greater than 6 inches dbh removed during construction shall be replaced at a ratio of 6 to 1 at the nearest available and appropriate site as approved by a qualified professional.

BIO-7: Watercourses. The Project shall adhere to UVTG Design and Maintenance Standards for trail construction related to erosion, and all earthwork within or adjacent to (50 feet) any watercourse or other body of water shall adhere to standard methods of erosion and sediment control (placement of straw, mulch, seeding, straw wattles, silt fencing, etc.) and, if possible, work shall be completed while the channel is dry to reduce sediment load downstream. Additionally, if any structures are proposed for placement within the bed or bank to allow for the trail crossing, consultation with CDFW shall be required and all necessary permits shall be obtained.

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5. Cultural Resources
CULTURAL RESOURCES. Would the project: Potentially
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 as defined in
§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.

Under CEQA, cultural resources must be evaluated to determine their eligibility for listing in the California Register of Historic Resources (CRHR). If a cultural resource is determined ineligible for listing on the CRHR the resource is released from management responsibilities and a project can proceed without further cultural resource considerations.

As set forth in Section 5024.1(c) of the Public Resources Code for a cultural resource to be deemed “important” under CEQA and thus eligible for listing on the California Register of Historic Resources (CRHR), it must meet at least one of the following criteria:
1) Is associated with events that have made a significant contribution to the broad patterns of California History and cultural heritage; or
2) Is associated with the lives of persons important to our past; or 3) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possess high artistic value; or 4) Has yielded or is likely to yield, information important to prehistory or history.

Archaeological resources are commonly evaluated with regard to Criteria 4 (research potential).

Historic-era structures older than 50 years are most commonly evaluated in reference to Criteria 1 (important events), Criteria 2 (important persons) or Criteria 3 (architectural value). To be considered eligible under these criteria the property must retain sufficient integrity to convey its important qualities.

Integrity is judged in relation to seven aspects including: location, design, setting, materials, workmanship, feeling, and association.

Guidelines for the implementation of CEQA define procedures, types of activities, persons, and public agencies required to comply with CEQA. Section 15064.5(b) prescribes that project effects that would “cause a substantial adverse change in the significance of an historical resource” are significant effects on the environment. Substantial adverse changes include both physical changes to the historical resource, or to its immediate surroundings.

Public Resources Code Section 21083.2 also defines “unique archaeological resources” as “any archaeological artifact, object, or site about which it can be clearly demonstrated that, without merely

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adding to the current body of knowledge, there is a high probability that it meets any of the following criteria:
• Contains information needed to answer important scientific research questions and show that there is a demonstrable public interest in that information. • Has a special and particular quality, such as being the oldest of its type or the best available example of its type.
• Is directly associated with a scientifically recognized important prehistoric or historic event or person."
This definition is equally applicable to recognizing “a unique paleontological resource or site.” CEQA Section 15064.5 (a)(3)(D), which indicates “generally, a resource shall be considered historically significant if it has yielded, or may be likely to yield, information important in prehistory or history,” provides additional guidance.

Assembly Bill 52 (effective July 1, 2015) mandates that before preparing a negative declaration, mitigated negative declaration, or environmental impact report for a project, the lead agency must seek consultation with tribes associated with the project's location. Tribes must have previously submitted a written request to the lead agency to be consulted on projects within their geographic areas of interest. The Guidiville Rancheria of California is the only tribe that has made such a request.

In compliance with AB 52, a notification was sent to the Guidiville Rancheria of California on June 17, 2025, offering the opportunity for consultation. No response has been received to date. Should a response or consultation request be received within the AB 52 response window, the environmental review will be updated accordingly.

Environmental Setting: The Ukiah Township lies in a valley of the Russian River, bounded on the north by Calpella Township, on the east by Lake County, on the south by Sanel Township, and on the west by Anderson Township. The City of Ukiah was first settled in 1856 by Samuel Lowry. Initially incorporated into Sonoma County, an independent Mendocino County government was established in 1859 with Ukiah as the chosen county seat. Logging, cattle, and agricultural ventures contributed to the early settlement and growth of Ukiah throughout the remainder of the 19th century and early 20th century. 1889 is the date recorded for the first arrival of the train to Ukiah, quickly resulting in increased settlement of the City and its environs. The City of Ukiah is within the territory of the Northern Pomo. Permanent villages were often established in areas with access to staple foods, often times along eco-tones (transitions between varying environments), with access to good water, and generally flat land
The late 19th century saw slow growth in the community, with a slight decline after the turn of the century. The 1906 earthquake damaged a number of Ukiah buildings, particularly in the commercial core, and considerable re-building and remodeling activity occurred after that time. The City appears to have prospered in the following years, through the early 1920’s. The City contains a number of Colonial Revival and Craftsman style derivations, popular during this era, that reflect the community’s prosperity. An Historical and Architectural Survey Update was last prepared for the City by P.S.

Preservation Services in 1999. The survey identified 23 properties with historic importance within the City limits. City Ordinance No. 838 was passed by the City in 1983, requiring that prior to the demolition of any building over 50 years old, the approval of the City Council must be obtained. The ordinance is a positive preservation tool, allowing some review and public input opportunity regarding the potential loss of historically significant buildings.

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Discussion: (a) No impact. No historical or archaeologically significant sites as defined in §15064.5 have been documented in the project area. On June 17, 2025, the City requested a records search at the Northwest Information Center (NWIC) located on the campus of Sonoma State University. The NWIC, an affiliate of the State of California Office of Historic Preservation, is the official state repository of cultural, archaeological, and historical records and reports for an 18-county area that includes Mendocino County. The records search included a review of all study reports on file within the Western Hills Watershed Protection area. A review of historic registers and inventories indicates that no historical landmarks or points of interest are present in the Project area. Additionally, no National Register listed or eligible properties are located within the Project area. An Archaeological Survey Report (ASR), prepared by Alta Archaeological Consulting (Alta) in March 2021, covering a portion of the Project area, also found no cultural resources (report omitted for confidentiality). Therefore, the Project area would not cause a substantial adverse change in the significance of a historical resource as defined in §15064.5.. No impact.

Discussion: (b) Less than significant impact. The NWIC records search and the Alta ASR also included a search of cultural resources included within the WHWPA. The NWIC records search indicated that two cultural resources studies had been completed on portions of the site, identifying no cultural resources within the Project area. The Alta ASR similarly found no on-site cultural resources.

As noted in the City’s General Plan Historic and Archeological Resources Element (1995), the Project site is not identified as an area of high cultural sensitivity; areas that are most typically culturally sensitive include those adjacent to streams, springs, and mid-slope benches above watercourses because Native Americans and settlers favored easy access to potable water. Because the Project has been designed with minimal ground disturbance and the site does not have a high potential for cultural resources to occur, less than significant impacts would occur as a result of the Project.

Additionally, construction of the Project will be required to adhere to CEQA Guidelines Section 15064.5 (e-f) which specifically addresses what to do in the event that human remains or archeological resources are accidentally discovered.

As noted above, in accordance with AB 52, a notification was sent to the Guidiville Rancheria of California on June 17, 2025, offering the opportunity for consultation. No response has been received to date. Should a response or consultation request be received within the AB 52 response window, the environmental review will be updated accordingly. Therefore, impacts to cultural and archaeological resources are anticipated to be less than significant.

Mitigation Measures: None

6. Energy
ENERGY. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?

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ENERGY. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
Significance Criteria: The Proposed Project would significantly impact energy if construction or operation of the Project would result in wasteful, inefficient or unnecessary consumption of energy resources or if the Project would conflict with a state or local plan for renewable energy or energy efficiency.

Environmental Setting: Senate Bill 100 (SB 100, De León, Chapter 312, Statutes of 2018), the state’s landmark policy requiring that renewable and zero-carbon energy resources supply 100 percent of electric retail sales to customers by 2045. The bill was signed into law in 2018 and calls for these resources to replace fossil fuels for generating electricity in the state. According to the California Air Resources Board (CARB), California has already made significant progress toward a clean energy future. Due to many efforts that promote renewable energy, energy efficiency and the storage technologies needed to retire fossil fuel resources, the state’s electricity mix is already more than 60 percent carbon free. Approximately 36 percent of that comes from renewable sources, predominantly wind and solar. Specific to construction projects, CARB and the Environmental Protection Agency (EPA) standards regulate energy consumption through Green Budling Standards to ensure construction does not result in wasteful, inefficient or unnecessary consumption of energy resources.

Discussion: (a-b) Less than significant impact. The Project involves both the construction of new trails and the ongoing maintenance activities outlined in the WHWPA Road and Fire Break Maintenance Plan (Attachment G). Both sets of activities will require the use of fossil fuels for various pieces of equipment. Trail construction will utilize small excavators and smaller power tools such as chainsaws, power wheelbarrows, vibro-plates, or jackhammers. The WHWPA Maintenance Plan specifies activities such as "Clearing of encroaching vegetation with hand crews, dozers, or masticators," "Grading and shaping of the running surface of the road," "Chipping/Hauling," and "Dead Tree Removal". These maintenance activities will involve equipment like dozers, masticators, and chippers, which consume fossil fuels
However, the fuel energy consumed during both trail construction and ongoing WHWPA maintenance activities would be temporary and intermittent, spread across the approximately five and a half miles of roads and fire breaks and 22 miles of trails. This consumption would not represent a significant, wasteful, inefficient, or unnecessary demand on energy resources. All equipment used for Project construction and WHWPA maintenance will be required to comply with the latest California Air Resources Board (CARB) and U.S. Environmental Protection Agency (EPA) engine emissions standards, which promote highly efficient combustion systems that maximize fuel efficiency and reduce unnecessary fuel consumption. Once constructed, the trail itself would not consume any sources of energy, and the operational energy needs for the WHWPA maintenance are limited to the periodic fueling of equipment. With adherence to these aforementioned regulations and the nature of the activities, impacts from the Proposed Project related to energy consumption would be less than significant. The Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

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Mitigation Measures: None

7. Geology and Soils
GEOLOGY AND SOILS. Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a known
fault? Refer to Division of Mines and Geology Special
Publication 42?
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction
or collapse?
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994), creating
substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the
use of septic tanks or alternative waste water disposal systems where sewers are not available for the
disposal of waste water?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
Significance Criteria: The Proposed Project would result in a significant impact to geological or soil resources if it exposed people or structures to seismic risk; ruptured a known fault; produced strong seismic ground shaking, ground failure, liquefaction, landslides or substantial soil erosion; is located on expansive soil or unstable ground, or would create unstable ground; or destroyed a unique paleontological resource or geologic feature.

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Environmental Setting: The Ukiah Valley is part of an active seismic region that contains the Mayacama Fault, which traverses the valley in a generally northwest-southeast direction east of the Project area. Based on California Geological Survey maps and the Background Report for the County of Mendocino General Plan Update (prepared by P.M.C., 2003), lands within the Western Hills are identified as being located on a somewhat unstable geologic formation but are not located within the Alquist Priolo Fault Zone, or in a landslide or liquefaction zone. In addition, according to the U.S.

Geological Survey (USGS) Interactive Fault Map, there are no faults identified within the Project area.

The Project area is located at approximately 1,000-1,400 feet in elevation and 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. The soils within the Project site are characterized as both Hopland, which consists of very deep, well drained soils formed in colluvium and residuum weathered from sandstone or shale on steep hills and slopes (50 to 75 percent), and Maymen soils that are shallow, somewhat excessively drained soils that formed in residuum weathered from shale, schist, greenstone, sandstone and conglomerate. These soils have a shallow depth to bedrock.

Discussion: (a, c & d) No Impact. As noted above, the Project site does not contain earthquake faults. The site does not contain expansive or unstable soils and is not susceptible to landslides, nor strong seismic ground shaking. Lastly, the Project has been designed with minimal ground disturbance. Impacts to geology and soils related to these issues would be less than significant. (b) Less than significant impact. Development and use of the proposed trail, if not carefully performed, has the potential to cause erosion. Trail grades are typically 7-8 percent, with some switchback grades along the steeper sections of hillside with slopes of 12 percent for very short sections of the trail. The UVTG Design and Maintenance Standards (Attachment D) provide guidance for the construction of trails in the Ukiah Valley to reduce erosion. These standards include, but are not limited to, the following:
• Construction of trails that are three feet wide, or less if physical constraints are present, to reduce the disturbance footprint;
• Trails should be built with the contour of the topography (± 10%) to allow for sheet flow drainage and minimize concentrated runoff;
• Average trail grade of less than10%, with short sections over 10% and followed by a relatively flat section or grade reversal;
• Grade of the trail should not be greater than half the grade of the side slope the trail traverses to prevent erosion caused by water flowing down the trail rather than down the hillside; • Maximum trail grades of less than 15% wherever possible to reduce the potential for erosion and user damage;
• Incorporation of grade reversals every 10 to 50 feet to provide areas for water to drain off trails; • Outer edges of trails should be built and maintained to allow either a 3-5% outslope or frequent drainage lenses to create sheet flow; and
• Build in a backslope where the area uphill of the trail is sloped upward from the trail to prevent a waterfall effect that creates concentrated flow on the trail.

Trail construction is anticipated to take approximately two weeks and will be scheduled during optimal weather and soil moisture conditions in order to reduce the duration that soils are exposed to waterborne erosion.