Ukiah City Council
July 1, 2026

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/88430779301 Or you can call in using your telephone only:
• Call (toll free) 1-888-788-0099
• Enter the Access Code: 884 3077 9301
• 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.

July 1, 2026 - 5:15 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4.a. Acknowledgments:
• July 26, 2026, as Disability Independence Day
Recommended Action: Recognize acknowledgements.

Attachments:

1. July 2026 Acknowledgements

5. PETITIONS AND COMMUNICATIONS

6. APPROVAL OF MINUTES

6.a. Approval of the Minutes for the June 17, 2026, Special Joint Meeting.

Recommended Action: Approve the minutes for the June 17, 2026, Special Joint Meeting.

Attachments:

1. 2026-06-17 Draft Minutes - Special Joint Mtg

6.b. Approval of the Minutes for the June 17, 2026, Regular Meeting.

Recommended Action: Approve the minutes for the June 17, 2026, Regular Meeting.

Attachments:

1. 2026-06-17 Draft minutes - Regular Meeting

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 Contract with Stone Creek Environmental Consulting in the Amount of $88,800 for Engineering and Consulting Services Related to Storm Water Permitting for Fiscal Year 2026/2027.

Recommended Action: Approve a professional services agreement with Stone Creek Environmental Consulting in the amount of $88,800 for engineering and consulting services related to the City’s Storm Water Permitting for fiscal year 2026/2027.

Attachments:

1. 260518 Ukiah Proposal for 2026 2027

8.b. Approve the Purchase of a Caterpillar 120 Motor Grader for $426,970.39, with a Reimbursement of 75% of the Purchase Cost from the United States Department of Agriculture Rural Development Community Facilities Disaster Grant Program, and Authorize the City Manager to Execute the Grant Agreement and Any Amendments Thereto.

Recommended Action: Approve the purchase of a Caterpillar 120 Motor Grader for $426,970.39, with reimbursement of 75% of the purchase cost from the United States Department of Agriculture Rural Development Community Facilities Disaster Grant Program, authorize the City Manager to execute the grant agreement and any amendments thereto.

Attachments:

1. PetersonCAT Quote & Specs_06-19-26

2. USDA RD CF Grant_Letter of Conditions_Grader

8.c. Consideration of Approval of Amendment No. 1 to Project Agreement No. 3 (Amendment No. 1) by and among the Transmission Agency of Northern California and its Members, Adopt Resolution, and Authorize the City Manager to Execute Amendment No. 1 on Behalf of the City of Ukiah, Including any Non-Substantive Modifications.

Recommended Action: Adopt a resolution authorizing the City Manager or his designee to execute Amendment No. 1 to Project Agreement No. 3 by and among the Transmission Agency of Northern California and its Members, the Cities of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Santa Clara, and Ukiah, the Sacramento Municipal Utility District, the Modesto Irrigation District, the Turlock Irrigation District, and the Plumas-Sierra Rural Electric Cooperative, on behalf of the City of Ukiah, including any non-substantive modifications approved by Ukiah's General Counsel.

Attachments:

1. Project_Agreement_Number_3

2. Amendment No. 1 to Project Agreement No. 3 final_Approved by TANC

3. AmendmentNo1_PA3_Resolution

8.d. Adopt Resolution Approving Revised Thresholds to the Support Services Program Agreement with Northern California Power Agency; and Confirm the Appointment of the City Attorney, City Manager, and the Electric Utility Director as Designated Representatives Under the SSPA, Authorize Them, Together, to Execute Service Confirmations for Amounts Not to Exceed $60,000 per Confirmation or Such Greater Amount as May Be Authorized by City Council Action or Applicable City Ordinance.

Recommended Action: Adopt a resolution revising thresholds to the Support Services Program Agreement (SSPA) between the Northern California Power Agency and the City of Ukiah; confirm the appointment of the City Attorney, City Manager, and the Electric Utility Director as Designated Representatives under the SSPA, authorize them, together, to execute service confirmations for amounts not to exceed $60,000 per confirmation or such greater amount as may be authorized by City Council action or applicable City ordinance.

Attachments:

1. CC Reso 2022-05 - Approving Support Services Program with NCPA

2. NCPA Support_Services_Program_Agreement

3. 2026 Resolution NCPA-Ukiah SSPA

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. Review and Consider Introduction By Title Only an Ordinance that Facilitates a Comprehensive Land Use Amendment and Rezoning of Parcels Within and Adjacent to the City of Ukiah's Downtown Zoning Code Boundary; and Creates a Recreational Zoning District compatible with the City's Existing Recreation (REC) Land Use Designation.

Recommended Action: Introduce by title only an ordinance that facilitates a comprehensive Land Use Amendment and Rezoning of parcels within and adjacent to the City of Ukiah's Downtown Zoning Code boundary; and creates a Recreational Zoning District compatible with the City's existing Recreation (REC) Land Use Designation.

Attachments:

1. Ordinance #1239 (2012)

2. Existing Downtown Zoning Code - Maps & Parcel List

3. ALUC_2026-0001 Resolution (Signed)

4. PC_Resolution 2026-06 (Signed)

5. Draft Ordinance

6. Draft Findings of Consistency

12.b. Annual Review and Consideration of the Fee Schedule for Community Services, Including Recreation Programs, Sports Fields, Parks, Municipal Pools, Ukiah Valley Conference Center, and the Grace Hudson Museum.

Recommended Action: Conduct a review of the fee schedule for Community Services, including recreation programs, sports fields, parks, Municipal Pools, Ukiah Valley Conference Center, and the Grace Hudson Museum; and adopt proposed changes to rental rates and user fees.

Attachments:

1. Attachment 1 - Fee Schedule for Facilities, Museum, Programs and Aquatics FY 27

13. UNFINISHED BUSINESS

14. NEW BUSINESS

14.a. Adopt a Resolution Approving the Electric Utility's Ten-Year Energy Efficiency Targets and Approve the Updated Public Benefits Programs and Rebates.

Recommended Action: Adopt a resolution approving the Electric Utility's ten-year energy efficiency targets and approve the updated Public Benefits Programs and rebates.

Attachments:

1. Ukiah Rebates-draft

2. Energency Efficiency 10-Year Targets

3. CARES Program Credits and Rebate Details

4. Resolution Adopting Ten-Year Targets

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

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

Attachments:

1. 2026 City Council Special Assignments & 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 – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation (2 cases)

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

15.d. 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.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. Conference with Labor Negotiator (54957.6)
Agency Designated Representative: Sage Sangiacomo, City Manager

Employee Organizations: All bargaining units
Unrepresented Employee: Police Chief and City Attorney

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, Deputy City Clerk
Dated: 06/26/26

Agenda Item No: 4.a.

MEETING DATE/TIME: 7/1/2026

ITEM NO: 2026-1159

AGENDA SUMMARY REPORT
SUBJECT: Acknowledgments:
• July 26, 2026, as Disability Independence Day
DEPARTMENT: City Clerk PREPARED BY: Araceli Sandoval, Deputy City Clerk PRESENTER: Mayor Sher
ATTACHMENTS:

1. July 2026 Acknowledgements
Summary: City Council will recognize several important people, causes, and community observances through acknowledgements.

Background: While the City reserves formal proclamations for unique milestones and extraordinary achievements, acknowledgements allow the City to consistently recognize the many organizations, professions, cultures, and causes that strengthen the Ukiah community throughout the year.

Discussion: The City of Ukiah recognizes (Attachment 1):
• July 26, 2026, as Disability Independence Day, commemorating the anniversary of the Americans with Disabilities Act (ADA), celebrating the contributions of people with disabilities, and reaffirming the community’s commitment to accessibility, inclusion, and the elimination of barriers for all.

The City of Ukiah extends its appreciation to all individuals contributing to these efforts and recognizes the many dedicated professionals whose behind-the-scenes work, commitment, and expertise strengthen and serve the community.

Recommended Action: Recognize acknowledgements.

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

GENERAL PLAN ELEMENTS (GP): N/A

City Council Acknowledgements for July 2026.

The City of Ukiah recognizes an important observance that reflects the community’s commitment to ensuring all residents have the opportunity to participate fully in civic and community life.

The City recognizes July 26, 2026, as Disability Independence Day, commemorating the anniversary of the Americans with Disabilities Act (ADA), celebrating the contributions of people with disabilities, and reaffirming the community’s commitment to accessibility, inclusion, and the elimination of barriers for all.

The City of Ukiah extends its appreciation to all individuals working to advance a more accessible and inclusive community and remains committed to fostering a vibrant, welcoming, and engaged city for all.

Recognized by the City Council of the City of Ukiah
July 1, 2026
Attachment 1

AGENDA ITEM 6a

CITY OF UKIAH
CITY COUNCIL and UKIAH VALLEY FIRE DISTRICT MINUTES
Special Joint Meeting

UKIAH VALLEY CONFERENCE CENTER
200 South School Street, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/83345042122 June 17, 2026
3:30 p.m.

1. CALL TO ORDER AND ROLL CALL
Ukiah City Council and the Ukiah Valley Fire District (UVFD) Board of Directors met at a Special Joint Meeting on June 17, 2026, having been legally noticed on June 12, 2026. The meeting was held in person and virtually at the following link: https://us06web.zoom.us/j/83345042122. Mayor Sher/President Bushby called the meeting to order at 3:31 p.m. Roll was taken with the following UVFD Board of Directors Present: Gregory Cavalin, Scott Cratty, Michael Graham, Kevin Jennings, and Pete Bushby. Councilmembers Present: Douglas F. Crane, Mari Rodin, Heather Criss, Juan V. Orozco, and Susan Sher. Staff Present: Sage Sangiacomo, City Manager; Traci Boyl, Senior Management Analyst; Dan Buffalo, Finance Director; Oliver MacDonald, Finance Controller; Douglas Hutchison, Fire Chief; and Kristine Lawler, City Clerk.

MAYOR SHER/PRESIDENT BUSHBY PRESIDING.

URGENCY ITEM (For City Council only)
a. Authorize the City Manager to Negotiate and Execute a One-Year Extension to the Cooperative Agreement for Dispatch Services with the California Department of Forestry and Fire Protection.

Presenter: Doug Hutchison, Fire Chief.

Motion/Second: Crane/Criss to accept the urgency item and place on the agenda as Agenda Item 4b. Motion carried by the following roll call votes: AYES: Crane, Rodin, Criss, Orozco, and Sher.

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

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

3. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.

4. NEW BUSINESS
a. Discussion and Possible Adoption of the Preliminary Fiscal Year 2026–27 Budget through Resolution and Five-Year Capital Improvement Plan for the Ukiah Valley Fire Authority.

Presenter: Dan Buffalo, Finance Director.

A PowerPoint presentation was given.

No public comment was received.

Action taken by the Ukiah Valley Fire District:

Motion/Second: Jennings/Cavalin to approve and adopt the Fiscal Year 2026-27 Preliminary Budget resolution (UVFD Reso. 2026-01) for the Ukiah Valley Fire District

City Council and UVFD Minutes for June 17, 2026, Continued:

Budget. Motion carried by the following roll call votes: AYES: Cavalin, Cratty, Graham, Jennings, and Bushby. NOES: None. ABSENT: None. ABSTAIN: None.

Motion/Second: Cratty/Graham to approve and adopt the Gann Limit resolution (UVFD Reso. 2026-02) for Fiscal Year 2026-27. Motion carried by the following roll call votes: AYES:

Cavalin, Cratty, Graham, Jennings, and Bushby. NOES: None. ABSENT: None. ABSTAIN:

None.

Action taken by the Ukiah City Council:

Motion/Second: Crane/Orozco to approve and adopt the Fiscal Year 2026-27 Preliminary Budget resolution (City Council Reso. 2026-43) for the Ukiah Valley Fire Authority. Motion carried by the following roll call votes: AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES:

None. ABSENT: None. ABSTAIN: None.
b. Authorize the City Manager to Negotiate and Execute an Up to Three-Year Cooperative Agreement for Dispatch Services with the California Department of Forestry and Fire Protection.

Presenters: Doug Hutchison, Fire Chief; Sage Sangiacomo, City Manager; and Justin Buckingham, Battalion Chief.

No public comment was received.

Motion/Second: Rodin/Criss to authorize the City Manager to negotiate and execute an up to threeyear Cooperative agreement (2627-072) for dispatch services with the California Department of Forestry and Fire Protection. Motion carried by the following roll call votes: AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES: None. ABSENT: None. ABSTAIN: None.

City Council and UVFD Board Consensus to allow the City Manager and Fire Chief to administratively provide notification if not able to negotiate something better.

5. ADJOURNMENT
There being no further business, the meeting adjourned at 4:52 p.m. ________________________________
Kristine Lawler, City Clerk

AGENDA ITEM 6b

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/82474639393 June 17, 2026
5:15 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on June 17, 2026, having been legally noticed on June 12, 2026. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/82474639393. Mayor Sher called the meeting to order at 5:20 p.m. Roll was taken with the following Councilmembers Present: Douglas F. Crane, Mari Rodin, Heather Criss, Juan V. Orozco, and Susan Sher. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Araceli Sandoval, Deputy City Clerk.

MAYOR SHER PRESIDING.

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

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Acknowledgments.

Presenter: Mayor Sher.

Mayor Sher recognized:
• June 19, 2026, as Juneteenth - National Freedom Day
No public comment was received.
b. Ukiah Gigabit Fiber Project Update Presentation.

Presenters: Andrea Trincado, Project and Grant Administrator; Cindy Sauers, Electric Utility Director; Amanda Lather, Vero Fiber Networks, LLC; and Lacey Malley, Vero Fiber Networks, LLC.

Public Comment: Jordan (unintelligible last name).

A PowerPoint presentation was given.
c. Presentation Regarding Development of Lookout Peak Trail System.

Presenter: Neil Davis, Ukiah Valley Trail Group Director.

Public Comment: Sean White.

A PowerPoint presentation was given.

City Council Minutes for June 17, 2026, Continued:

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 June 1, 2026, Special Meeting. b. Approval of the Minutes for the June 2, 2026, Special Meeting. c. Approval of the Minutes for the June 3, 2026, Regular Meeting.

Motion/Second: Crane/Criss to approve the Special Meeting minutes of June 1 and June 2, 2026, and the Regular Meeting minutes of June 3, 2026, as submitted. Motion carried by the following roll call votes: AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES: None. ABSENT: None. ABSTAIN:

None.

7. RIGHT TO APPEAL DECISION

8. CONSENT CALENDAR
a. Report of Disbursements for the Month of May 2026 – Finance. b. Notification and Approval of Publishing Services Agreement (2627-074) by Ukiah Daily Journal for Fiscal Year 2026/27, in the Amount of $7.15 per Column Inch – City Clerk. c. Approval of Budget Amendment for WIPF Construction for Emergency Stormwater Repair and Replacement Work in the Amount of $25,077.71 – Public Works. d. Approval of a Budget Amendment, Change Order, and Notice of Completion for the Corporation Yard Environmental Well Abandonment Project, Specification 25-06 – Public Works. e. Adoption of Resolution (2026-44) Identifying the Proposed Project List for SB1: Road Repair and Accountability Act for Fiscal Year 2026/2027 – Public Works. f. Approval of Budget Amendment in the Amount of $295,602 to Reallocate Funding for the Fairgrounds Storm Drain Replacement Project – Finance.
g. Award Purchase (P.O.49022) of Multiple Fleet Replacement Vehicles for Fiscal Year 2025/26 from Visalia Ford for a Total of $122,577.46, and Approval of a Budget Amendment – Water Resources.
h. Approval of Budget Amendment for DC Electric's Installation of a New Traffic Control Camera Detection System at Orchard Ave and Gobbi Street – Public Works. i. Consider Authorizing the City Manager to Execute Amendment No. 1 (2425-181-A1) to the Professional Services Agreement between the City of Ukiah and the Ukiah Valley Basin Groundwater Sustainability Agency (UVBGSA) for Administrative Services – City Manager. j. Approval of Budget Amendment with EBA Engineers for Monitoring and Reporting Services at the Ukiah Landfill – Public Works.
k. Adoption of Resolution (2026-45) Amending the Ukiah City Firefighter Representative to the 2026 Measure P Oversight Committee to be a Designee of the Ukiah Professional Firefighters Association Local 3686 – City Clerk.

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

ABSENT: None. ABSTAIN: None.

City Council Minutes for June 17, 2026, Continued:

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Public Comment: (All public comments pertained to the use of Flock cameras) unidentified person, Jordan (unintelligible last name), unidentified person, Taylor, Christy Manthenen, and Nicholas Frey.

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

11. CITY MANAGER/CITY CLERK REPORTS
• PG&E Decommissioning of Potter Valley Project – Sage Sangiacomo, City Manager.

12. PUBLIC HEARINGS (5:30 PM)
a. Adoption of Resolution to Adopt an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Development and Construction of an Additional Municipal Well.

Presenters: Sean White, Water Resources Retired Annuitant and Jared Walker, Water Resources Director.

PUBLIC HEARING OPENED AT 6:59 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 6:59 P.M.

Motion/Second: Rodin/Criss to adopt resolution (2026-46) to adopt an Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) for the development and construction of an additional municipal well (with a revision to remove the dollar amounts listed in the resolution); and direct Staff to file a Notice of Determination. Motion carried by the following roll call votes: AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES: None. ABSENT:

None. ABSTAIN: None.

Motion/Second: Crane/Rodin to authorize an additional test for an additional potential well source.

Motion carried by the following roll call votes: AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES:

None. ABSENT: None. ABSTAIN: None.
b. Conduct a Public Hearing to Discuss the City of Ukiah’s 2025 Urban Water Management Plan, and Adopt a Resolution Approving the 2025 Urban Water Management Plan.

Presenters: Sean White, Water Resources Retired Annuitant; Jared Walker, Water Resources Director; and Phil West, West and Associates Engineering Inc.

PUBLIC HEARING OPENED AT 7:38 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 7:38 P.M.

A PowerPoint presentation was given.

Motion/Second: Criss/Crane to adopt a resolution (2026-47) approving the 2025 Urban Water Management Plan. Motion carried by the following roll call votes: AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES: None. ABSENT: None. ABSTAIN: None.

City Council Minutes for June 17, 2026, Continued:

c. Conduct a Public Hearing to Discuss the City of Ukiah’s 2025 Water Shortage Contingency Plan and Adopt a Resolution Approving the 2025 Water Shortage Contingency Plan.

Presenters: Sean White, Water Resources Retired Annuitant; Jared Walker, Water Resources Director; and Phil West, West and Associates Engineering Inc.

PUBLIC HEARING OPENED AT 7:40 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 7:40 P.M.

Motion/Second: Crane/Orozco to adopt a resolution (2026-48) approving the 2025 Water Shortage Contingency Plan. Motion carried by the following roll call votes: AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES: None. ABSENT: None. ABSTAIN: None.

RECESS: 7:41-8:10 P.M.
d. Adoption of Resolution Amending the Definition of Business License Fee Category A to Apply to Manufacturing and Industrial Businesses.

Presenters: Shannon Riley, Deputy City Manager and Darcy Vaughn, Assistant City Attorney.

PUBLIC HEARING OPENED AT 8:17 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 8:17 P.M.

Motion/Second: Crane/Orozco to adopt a resolution (2026-49) amending the definition of Business License Fee Classification "A" to apply to manufacturing and industrial businesses. Motion carried by the following roll call votes: AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES: None.

ABSENT: None. ABSTAIN: None.

13. UNFINISHED BUSINESS
a. Approval and Adoption of 2026-27 Fiscal Year City Budget through Resolution, Five-Year Capital Improvement Plan, the Gann Limit Resolution, and the Budget Agreement with the Ukiah Valley Sanitation District.

Presenter: Dan Buffalo, Finance Director.

No public comment was received.

Motion/Second: Rodin/Criss to approve and adopt budget resolution (2026-50) for the fiscal year 2026-27. Motion carried by the following roll call votes: AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES: None. ABSENT: None. ABSTAIN: None.

Motion/Second: Rodin/Criss to approve and adopt the updated Five-Year Capital Improvement Program Schedule for the fiscal year 2026-27. Motion carried by the following roll call votes: AYES:

Crane, Rodin, Criss, Orozco, and Sher. NOES: None. ABSENT: None. ABSTAIN: None.

Motion/Second: Criss/Rodin to approve and adopt Gann Limit resolution (2026-51) for fiscal year 2026-27. Motion carried by the following roll call votes: AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES: None. ABSENT: None. ABSTAIN: None.

Motion/Second: Criss/Rodin to approve in substantial form the budget agreement (2627-073) with the Ukiah Valley Sanitation District (UVSD) and authorize the City Manager to complete and sign it

City Council Minutes for June 17, 2026, Continued:

when the cost share split calculation is completed. Motion carried by the following roll call votes:

AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES: None. ABSENT: None. ABSTAIN: None.

14. NEW BUSINESS
a. Approve Submittal of Appeal of the 7th Cycle Regional Housing Needs Allocation (RHNA) Determination for the City of Ukiah to Mendocino Council of Governments; and/or Provide Additional Direction to Staff as Necessary.

Presenter: Craig Schlatter, Community Development Director.

No public comment was received.

Motion/Second: Criss/Rodin to approve the submittal of an appeal of the 7th Cycle Regional Housing Needs Allocation Determination for the City of Ukiah to Mendocino Council of Governments and authorize the Mayor and Community Development Director to finalize and sign the appeal letter, including copies to state representatives. Motion carried by the following roll call votes: AYES:

Crane, Rodin, Criss, Orozco, and Sher. NOES: None. ABSENT: None. 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).

Presenter: Councilmember Rodin.

Report was received.

THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 9:21 P.M.

15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (1 case)
b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation (2 cases)
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 d. 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 e. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 001-020-78-00, 001-030-01, 001-090-01 Negotiator: Maya Simerson, Senior Management Analyst, City Manager’s Office and Jake Burgess, Community Services Director
Negotiating Parties: Tayman Park Golf Group
Under Negotiation: Price & Terms of Agreement

City Council Minutes for June 17, 2026, Continued:

f. 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
g. Conference with Labor Negotiator (54957.6)
Agency Designated Representative: Sage Sangiacomo, City Manager Employee Organizations: All bargaining units
Unrepresented Employee: Police Chief and City Attorney
No action reported; direction provided to Staff.

16. ADJOURNMENT
There being no further business, the meeting adjourned at 9:33 p.m. ________________________________
Araceli Sandoval, Deputy City Clerk

Agenda Item No: 8.a.

MEETING DATE/TIME: 7/1/2026

ITEM NO: 2026-975

AGENDA SUMMARY REPORT
SUBJECT: Approval of Contract with Stone Creek Environmental Consulting in the Amount of $88,800 for Engineering and Consulting Services Related to Storm Water Permitting for Fiscal Year 2026/2027.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Public Works Management Analyst II PRESENTER: Tim Eriksen, Public Works Director/City Engineer ATTACHMENTS:

1. 260518 Ukiah Proposal for 2026 2027
Summary: Council will consider approving a professional services agreement with Stone Creek Environmental Consulting in the amount of $88,800 for engineering and consulting services related to the City’s Storm Water Permitting for fiscal year 2026/2027.

Background: Discharges of storm water and non-storm water from a Municipal Separate Storm Sewer System (MS4), particularly in an urbanized area, have the potential to carry pollutants into receiving waters. A higher percentage of impervious surfaces in an urban area increases pollutant loading, resulting in turbid water discharges, nutrient enrichment, bacterial contamination, and toxic compounds. In the Russian River Watershed, pollutants of concern in these discharges include: heavy metals, indicator bacteria, nutrients, pesticides, petroleum hydrocarbons, and trash.

Discussion: The City is designated as a Phase 1 co-permittee along with other agencies regulated by the North Coast Regional Water Quality Control Board (Board). These agencies operate under an MS4 permit issued by the Board, which requires specific monitoring, reporting tasks, and the development of special studies in order to maintain permit compliance.

To ensure compliance, Staff requested a proposal (Attachment 1) from Stone Creek Environmental Consulting for engineering and consulting services. Additional requirements of the permit require critical source inspections. Stone Creek will perform these inspections, document findings, and draft corrective action orders.

Stone Creek will also assist in developing a critical source inspection program to train Staff on conducting future inspections.

Stone Creek has provided stormwater permit support for the City for the last six years. It possesses institutional knowledge of the City's stormwater infrastructure and of the City organization. For this reason, Staff is requesting sole source procurement.

As compliance costs and mandates continue to increase for stormwater-related issues, cost recovery strategies will need to be considered.

Staff recommends Council award a professional services agreement to Stone Creek Environmental Consulting in the amount of $88,800 for engineering and consulting services related to the City’s Storm Water Permitting for fiscal year 2026/2027.

Recommended Action: Approve a professional services agreement with Stone Creek Environmental Consulting in the amount of $88,800 for engineering and consulting services related to the City’s Storm Water Permitting for fiscal year 2026/2027.

BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 10024224.52100: $88,800
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: General Fund
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
STRATEGIC PLAN (SP): SP 1C - Encourage and support an environmentally sustainable and resilient community by embracing new technology, setting policy, and evaluating critical infrastructure.

GENERAL PLAN ELEMENTS (GP): GP-A5 - Environment and Sustainability Element.

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
1 May 18, 2026
Mr. Tim Eriksen
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Subject: Proposal for Stormwater Support Services, Fiscal Year 2026/2027 Dear Mr. Eriksen:

Stone Creek Environmental Consulting (Stone Creek) is pleased to present this proposal and fee estimate to provide stormwater support services to the City of Ukiah (City).

Colleen Hunt, owner, is a Certified Professional in Municipal Stormwater Management and brings direct regulatory compliance experience with municipal stormwater permit requirements. She has worked with dozens of municipal stormwater Permittees during her time with the Regional Water Board and for the past seven years as a consultant.

Colleen has been providing stormwater assistance to the City since 2020.

The City is subject to requirements of the Regional Water Board’s Waste Discharge Requirements Order No. R1-2015-0030, National Pollutant Discharge Elimination System (NPDES) Permit No. CA0025054 for Discharges from the Municipal Separate Storm Sewer System (MS4) (Permit). The Permit became effective January 6, 2016, and expired on January 5, 2021. The Permit is administratively extended until the Regional Water Board renews the Permit. Until a new Permit is adopted, the City must continue implementing the requirements of the expired Permit.

This Scope of Work is to provide the City with ongoing support for stormwater management requirements, including:
• Construction Site Inspections
• LID Installation and Maintenance Inspections
• Critical Source Inspections
• Municipal Staff Training
• Annual Reporting
• Trash Implementation Plan
• Asset Management Planning
ATTACHMENT 1

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
2 • Co-Permittee Meeting Assistance
Scope of Work
Task 1. Low Impact Development Maintenance Inspections
Permit Section VI.D.12. requires the City to track and inspect all new development and redevelopment projects with LID BMPs. Inspections are required to be conducted over a two-year cycle. Post-construction BMPs that were last inspected in 2025 and are due again in 2027. Additionally, any projects completed in 2025 would also need to be inspected in 2027. Under this task, Stone Creek will assist the City in performing required LID inspections. This task will include inspecting LID BMPs to assess functionality, with particular attention to BMP maintenance including failure, invasive vegetation, health of desired vegetation and excessive mowing, vector risk, trash and debris, sediment clogging, improper modifications, solids removal, pump-out, and blockages. As specified in the Permit, inspections address LID BMPs that are in the public right-of-way or at locations that would not require entering private property.

Each inspection will be documented on an inspection checklist, which will include recommendations for follow-up, as applicable. A photo record of the BMPs will be provided as part of the inspection summary report. The City is responsible for enforcement of deficient BMPs documented during the inspections.

Budget includes direct costs for mileage and 2NForm software licensing fee and assumes inspections for up to 8 projects.

Task 1. Deliverable: Inspection Reports
Task 2. Critical Source Inspections
The City is required to conduct critical source inspections once every three years at facilities defined by the Permit. This task will assist the City in performing inspections for the 26/27 fiscal year. Approximately 35 facilities are due for inspection.

This task will include reviewing and updating the critical source facility inventory and conducting inspections at the facilities due for an inspection. Inspection procedures will include inspecting the facilities to determine the presence of potential or actual nonstormwater discharges, assessing the presence of BMPs, determining BMP effectiveness, providing education and outreach on stormwater pollution prevention, and issuing

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
3 corrective actions for minor deficiencies. Stone Creek will follow up with facilities where corrective action is issued to document compliance. Facilities with major violations or those not complying with corrective action notices will be referred to the City for further follow-up. Inspection findings will be documented in inspection reports.

Task 2. Deliverables: Inspection Reports
Task 3. Municipal Staff Training
Section G.12. of the Permit requires the City to annually train staff whose interactions, jobs, and activities may affect stormwater quality. We will provide training on stormwater topics selected by the City. This may include illicit discharge, nonstormwater discharges, BMP requirements associated with municipal activities, and/or integrated pest management. Training will be provided in-person or pre-recorded.

Task 3. Deliverable: Stormwater training, including preparation of a PowerPoint presentation, training materials, and training documentation records.

Task 4. Annual Report
Section J of the Permit requires the City to submit an Annual Report for each fiscal year.

The Annual Report for the 2025/2026 reporting period is due October 15, 2026. At the beginning of the new Permit term, the Regional Water Board developed an annual report template for Permittee use. The template provides a streamlined method for annual reporting. Completing the template satisfies the annual reporting requirements specified in Section J.

Under this task, we will assist the City in populating the reporting template and gathering the necessary information. The City will need to complete sections of the report with data not readily available to us in order to complete the report. The City will be responsible for submitting the final report to the Regional Water Board.

Schedule:

August 14, 2026 Staff to provide data to complete Annual Report September 15, 2026 Draft Annual Report submitted to the City for review October 1, 2026 City comments on the draft Annual Report due back to Stone Creek October 9, 2026 Stone Creek to provide the final Annual Report for submittal to the Regional Water Board

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
4 Assumptions:
• Schedule assumes the Agreement for this Scope of Work will be executed no later than August 1, 2026.
• City staff provides data to complete the Annual Report according to the schedule.

Task 4 Deliverable: Draft Annual Report; Final Annual Report Task 5. Trash Implementation Plan
The Regional Water Board is anticipated to approve the City’s Trash Implementation Plan (TIP) and require implementation starting July 1, 2026. Under this task, Stone Creek will assist with the City TIP implementation as follows:

1. Develop education and outreach materials to distribute to businesses and residents in moderate trash-generating areas. This will include selecting outreach materials focused on trash, print materials, and distribution.

2. Conduct On Land Visual Trash Assessments (OVTAs). The City is required to conduct periodic OVTAs of moderate trash generating areas. The Water Board has reduced the requirement to perform OVTAs from three per year to one every other year. However, Stone Creek recommends performing at least one OVTA during the 2026/2027 fiscal year to continue to track progress and demonstrate compliance. Under this task, Stone Creek will conduct 1-2 OVTAs at up to 8 assessment locations, document findings, and track compliance progress. A summary report will be provided subsequent to the completion of all OVTAs.

3. Develop a trash progress and compliance tracking system for BMPs implemented under the Trash Implementation Plan. The City is required to track the implementation and effectiveness of trash reduction BMPs and report findings in the Annual Report. Under this task, Stone Creek will develop a framework to track progress towards meeting trash reduction requirements, which may be used by the City to maintain compliance with this permit requirement.

4. Conduct Rapid Trash Assessments. The City is required to conduct up to four Rapid Trash Assessment during the 2026/2027 fiscal year at locations to be determined by the City. Stone Creek will conduct the Rapid Trash Assessments using the methodology provided by the Water Board and used in previous creek

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
5 assessments. The purpose of the Rapid Trash Assessment is to monitor trash accumulation and document the effects of episodes that affect trash levels such as storms and creek cleanup events. To complete the Rapid Trash Assessment, Stone Creek staff will walk along the banks and streambeds of multiple reaches and tally the number of trash items found, evidence of illegal dumping, threats to human health and other data points. Stone Creek will document the results of the survey and provide a summary of findings which will be used in the Annual Report.

Assumptions:
• The TIP will be approved by the Regional Water Board by June 30, 2026 with unsubstantial changes. Should the changes of the TIP approval result in substantial changes, Stone Creek will revise this task as needed. • Assumes two meetings with the City to discuss and review progress and to adaptively manage the program. These meetings will include training on tracking progress of BMP implementation.

Task 5. Deliverable: Education and outreach materials distributed; OVTA Summary Report as a pdf, BMP tracking framework as an Excel form, Rapid Trash Assessment summary as a pdf.

Task 6. Cost Reporting
The Water Board recently adopted a policy for standardizing cost reporting in municipal stormwater permits. The City will be required to implement this policy starting July 1, 2026. They will be required to annually report all expenditures related to implementing the Permit using a standardized set of cost categories. A summary of 2026/2027 fiscal year costs will be required to be reported in the 2027 Annual Report.

Under this task, Stone Creek will assist the City with the following tasks:
• Develop a framework for cost tracking using the CASQA cost reporting tool. • Meet with the City to review the cost tracking framework and CASQA tool and assist with populating the tool as needed by the City.
• Provide guidance and answer questions related to the cost reporting requirement.

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
6 Assumptions:
• Assumes Ukiah will keep their CASQA membership active, as it is required to utilize the cost reporting tool.
• Assumes that the City receives a 13383 notice and is required to start tracking costs beginning July 1, 2026.

Task 6. Deliverables: Cost tracking framework and guidance.

Task 7. Asset Management
Based on our understanding, all future municipal stormwater permits in the state of California will include requirements for developing an asset management program. Draft permit language outlines a four-phase approach to asset management which includes:
• Inventory and mapping
• Characteristics
• Level of service
• Maintenance and improvement planning
Implementing a storm drain infrastructure asset management program is a significant undertaking that requires substantial time and resources. While the exact requirements included in the permits are not yet known, it is clear that a full program will be included in the permits and will need to be incorporated into the City’s stormwater management plan. This task will assist the City with planning an approach and methodology for meeting future permit asset management requirements.

This task will include addressing the data gaps identified in the previous analysis conducted by Stone Creek. This includes collecting additional data to support the inventory and characterization requirements of asset management requirements, including but not limited to mapping inlets, collecting asset characteristic data such as material, size, and date of installation. This task is not intended to accomplish a complete asset management plan, but will working on developing progress towards expected permit requirements.

Task 7 Deliverables: Updated Asset Management Map and Inventory

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
7 Task 8. Co-Permittee Meeting Assistance
This City is scheduled to act as Chair during the Co-Permittee meetings in April, May, and June of 2027. Under this task, Stone Creek is available to attend Co-Permittee meetings on behalf of the City, including assisting with Chair responsibilities. This includes preparing agendas, managing meeting invites, facilitating the meetings, and implementing action items assigned to the Chair.

Task 8. Deliverable: Facilitate up to six meetings and six meeting agendas.

Task 9. Program Management
This task includes general project management activities necessary for effective contract oversight. Tasks include developing a project schedule, managing budget, monthly invoicing, and routine communications with the City, including in-person meetings to report progress and discuss key recommendations and decisions.

Task 9. Deliverable: Invoices
Cost Recovery Tasks
The following tasks have been identified as cost recovery tasks. Direct hours for each project will be itemized individually enabling the City to recover those costs directly from the project sponsor. Budget for these tasks will not come out of the City’s funds and therefore have been presented separately for accounting purposes.

Task 10. Construction Site Inspections
Section VI.F4.e of the Permit requires the City to conduct routine inspections of active construction site projects which disturb one acre or more of land. Inspections are required to take place in September, after the first significant rain event, and monthly during the rainy season. Under this task, we will assist the City with construction site inspections. This includes tracking the project inventory, conducting inspections, documenting inspection findings, providing recommendations to improve BMP management, and coordinating follow-up with City staff. Stone Creek will continue to use 2NForm software platform to track construction site projects. Project budget includes direct costs such as mileage and 2NForm licensing fee. We assume up to five active construction projects will be included for inspection under this scope of work.

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
8 Task 10. Deliverable: Electronic record of inspections.

Task 11. LID Installation Inspections
Section VI.D.12.c. requires the City to inspect all applicable development sites during installation of post-construction BMPs to ensure proper function. Generally, the inspections occur during four phases of work:

1. Completion of initial excavation.

2. Placement of aggregate layer.

3. Placement of bioretention soil media.

4. Planting of bioretention plants.

Under this task, Stone Creek is available to conduct installation inspections. It is assumed that the City will notify Stone Creek when a project is in the process of installing post-construction, BMPs and will provide project contact information so that Stone Creek can make arrangements for inspections. Direct hours for each project will be itemized individually enabling the City to recover those costs directly from the project sponsor This task assumes up to two project installation inspections.

Task 11. Deliverable: Inspection Reports
Fee Estimate and Level of Effort
The Scope of Work will be conducted as described above for an estimated not-to-exceed budget of $88,800. The estimated fee and associated level of effort are summarized below.

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
9 Task Level of Effort,
hours Estimated Fee, $
Task 1. LID Maintenance Inspections 30 9,250
Task 2. Critical Source Inspections 11 19,500
Task 3. Municipal Staff Training 13 2,500
Task 4. Annual Report 12 2,250
Task 5. Trash Implementation Plan 58 11,500
Task 6. Cost Reporting 10 2,000
Task 7. Asset Management Planning 16 3,000
Task 8. Co-Permittee Meeting Assistance 12 3,300
Task 9. Project Management 16 3,000
City Budget Subtotal 178 hours 56,300
Task 10. Construction Site Inspections 104 25,000
Task 11. LID Installation Inspections 30 7,500
Cost Recovery Budget 134 hours 32,500
Total 312 88,800
Billing rates for the estimate are provided below. Rates will be valid for the duration of the contract:

Classification 2026 rates
Quality Assurance $305
Principal Compliance Specialist $275
Compliance Specialist II $193
Compliance Specialist I $174
Field Inspector $185
Intern $110
Administrative Assistance $110
Direct Costs Cost + 10%
Mileage Standard Federal Rate

Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
10 Any services not included in this Scope of Work will be performed only after receiving written authorization and a corresponding budget augmentation from the City. I am looking forward to working with you on this important work. Please feel free to contact me at 707-318-9415 or [email protected] if you have any questions or would like to discuss this proposal further.

Sincerely,
Colleen Hunt, CPMSM #343
Professional Consultant

Agenda Item No: 8.b.

MEETING DATE/TIME: 7/1/2026

ITEM NO: 2026-1037

AGENDA SUMMARY REPORT
SUBJECT: Approve the Purchase of a Caterpillar 120 Motor Grader for $426,970.39, with a Reimbursement of 75% of the Purchase Cost from the United States Department of Agriculture Rural Development Community Facilities Disaster Grant Program, and Authorize the City Manager to Execute the Grant Agreement and Any Amendments Thereto.

DEPARTMENT: Public Works PREPARED BY: Andrea Trincado, Grants Manager PRESENTER:

Andrea Trincado, Project and Grants
Administrator and Dave Kirch, Fleets
Maintenance Manager
ATTACHMENTS:

1. PetersonCAT Quote & Specs_06-19-26

2. USDA RD CF Grant_Letter of Conditions_Grader
Summary: Council will consider approving the purchase of a Caterpillar 120 Motor Grader for $426,970.39, with reimbursement of 75% of the purchase cost from United States Department of Agriculture Rural Development Community Facilities Disaster Grant Program, authorizing the City Manager to execute the grant agreement and any amendments thereto.

Background: At the regularly scheduled City Council meeting of August 21, 2024, a public hearing was conducted to solicit public comment on the City's intent to apply for funding through the United States Department of Agriculture (USDA) Community Facilities Disaster Grant Program for the replacement of a motor grader utilized by the Public Works Department. The City qualified for the grant due to localized flooding and storm-related impacts associated with the Presidential Disaster Declaration resulting from the severe winter storm events of late December 2022 and January 2023.

Following the public hearing, Staff submitted a grant application for a replacement motor grader. The USDA subsequently awarded the City a Community Facilities Disaster Grant providing reimbursement of up to $322,500, or 75 percent of the eligible purchase price, whichever is less. A Letter of Conditions, Request for Obligation of Funds, and Letter of Intent to Meet Conditions (Attachment 2) were submitted in April. USDA has provided authorization to proceed with the purchase. The City is now eligible to receive reimbursement upon purchase of the equipment.

The City's existing grader is a 1973 John Deere 570A Motor Grader that has exceeded its useful life and no longer complies with current California Air Resources Board (CARB) emissions standards or EPA regulations.

The equipment is essential for maintaining City roads, drainage facilities, utility access roads, landfill and airport operations, wildfire fuel breaks, and other Public Works infrastructure. Replacement of the grader is necessary to ensure reliable operation, reduce maintenance costs and downtime, and maintain compliance with current emissions requirements.

Acceptance of the grant will obligate the City to comply with USDA grant requirements, including applicable procurement, reporting, and recordkeeping requirements throughout the grant performance period.

Discussion: Staff received a quote from Peterson CAT for a new Caterpillar 120 Motor Grader in the amount of $426,970.39 (Attachment 1). The pricing was obtained through the Sourcewell cooperative purchasing contract, which satisfies both USDA Rural Development Community Facilities Disaster Grant Program procurement requirements and the City's purchasing policies. Staff evaluated available equipment options and determined that the Caterpillar 120 Motor Grader best meets the City's operational needs.

If Council approves the purchase, the USDA grant will reimburse 75 percent of the purchase price, or $320,227.79, leaving the City responsible for the required 25 percent local match of $106,742.60. Funding for the City's match has been programmed in the Fiscal Year 2026-27 budget and will be provided through the Landfill Fund and Water Fund.

The replacement grader will improve reliability, reduce maintenance costs, and enhance operator safety and efficiency. It will also replace the City's existing 50-year-old grader, which predates EPA emissions standards, with equipment meeting the current EPA Tier 4 Final emissions standard. Tier 4 Final engines reduce emissions of particulate matter (PM) and nitrogen oxides (NOx) by approximately 95 percent compared to preregulation engines, significantly improving air quality while supporting the City's sustainability goals.

Replacement of the grader will ensure continued and reliable maintenance of roads, trails, and access routes at the City's closed landfill, Western Hills, riverfront access areas, treatment plants, well sites, and other critical public infrastructure. The equipment also plays an essential role in constructing and maintaining wildfire fuel breaks and supporting emergency response during flooding, wildfires, and other natural disasters.

Staff, therefore, recommends approval of the purchase of the Caterpillar 120 Motor Grader in the amount of $426,970.39, acceptance of reimbursement from the USDA Rural Development Community Facilities Disaster Grant Program in the amount of $320,227.79, authorization for the City Manager to execute the grant agreement and any amendments thereto, and approval of the corresponding budget amendment.

Recommended Action: Approve the purchase of a Caterpillar 120 Motor Grader for $426,970.39, with reimbursement of 75% of the purchase cost from the United States Department of Agriculture Rural Development Community Facilities Disaster Grant Program, authorize the City Manager to execute the grant agreement and any amendments thereto.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 70024500.80100.E1515: $500,000; 82127113.80100.E1515: $50,000 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: USDA Community Facilities Disaster Grant Program; Water Fund; Landfill Fund REVENUE: No GRANT: Yes
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Myles Fisette, Purchasing Manager; Mary Horger, Assistant Finance Department STRATEGIC PLAN (SP): SP 2A - Continue the development and maintenance of a comprehensive Capital Improvement Plan that considers the climate impacts of those improvements.

GENERAL PLAN ELEMENTS (GP): GP-A6 - Safety Element; GP-A5 - Environment and Sustainability Element.

Jun 19, 2026

CITY OF UKIAH A/P
300 SEMINARY AVE
UKIAH
California
95482
Attention: DAVID KIRCH
RE: Quote 249510-01
Dear Sir,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.

One (1) New Caterpillar Model: 120JOY Motor Graders

MACHINE SPECIFICATIONS
120 14B MOTOR GRADER 467-7423
LANE 2 - AVAILABLE FROM PIRACICABA FACTORY
LANE 3 - AVAILABLE FROM PIRACICABA FACTORY

ALSO AVAILABLE FOR CHILE & COLOMBIA
REQUIRES: JOYSTICK IMPLEMENT CONTROLS
AVAILABLE FOR: AM-N, EU
LANE 2 ORDER 0P-9002
GLOBAL ARRANGEMENT, JOY 561-6489
MOLDBOARD, 12' 320-2749
WEATHER, STANDARD TND 467-7404
ACCUMULATORS, JOY 462-6539
DRAWBAR,TOP ADJUST,HYDTIP,JOY 462-6536
CUTTING EDGE WIDE, 12' BLADE 646-1347
END BITS, STANDARD 233-7148
END BITS, OVERLAY 233-7160
ENGINE, STAGE V AND T4 FINAL 655-5991
DRAIN, GRAVITY, ENGINE OIL 422-6603
10W-30 ENGINE OIL 645-1457
BASE + 1 (RIP) JOY 462-6515
LIGHTS,BRAKE&BKP,TURN,LED 563-2423
STARTER, STANDARD DUTY 631-6547
JUMP START STUDS 506-4262
ALTERNATOR, 145 AMP 438-5768
CAB, ROPS, PLUS, JOY, TND 466-1363
SEAT, STANDARD 506-2611

Attachment 1

SEAT BELT, W/ INDICATION 485-3445
COMFORT PACKAGE, BASE, JOY 466-1340
GLOVE BOX, CAB 435-5797
REFRIGERANT, R134A 655-1851
PRODUCT LINK, CELLULAR PLE742 471-5509
NO GRADE CONTROL TECHNOLOGY 543-0221
DIGITAL BLADE SLOPE METER,JOY 561-7617
CONTROLS, PERFORMANCE BUNDLE 606-1808
CONTROL,AUTO ARTICULATION-FULL 435-8660
GROUND LEVEL, FUELING 577-8014
FUEL FILTER, NEXT GEN 574-8803
FAN, REVERSING TND 575-7684
TIRES, 17.5 R25 MX XTLA *L2 SP 254-7971
REAR PANEL W/ ACCESS DOOR 498-8871
RIPPER/SCAR HD - ANSI 631-2965
SERIALIZED TECHNICAL MEDIA KIT 421-8926
LOW BAR, LED, JOY, TND 564-5016
LIGHTS, WORKING, PLUS,LED,JOY 561-6399
LIGHTS, CAB LED, JOY 466-1302
LIGHTS, SERVICE, INTERNAL 435-9816
CIRCLE SAVER 565-9664
CAMERA,REAR/FRONT VISION,JOY 561-9489
MIRRORS, OUTSIDE MOUNTED 466-1323
WIPER, SIDE 466-1284
WIPER, REAR 501-7972
STABLE BLADE 458-2072
GUARD, BOTTOM 453-4972
GUARD, COVER CAB, JOY 462-9053
STEP, ADDITONAL ON REAR FRAME 516-6625
CONVERTER, 24V TO 12V 466-1298
TOOTH, RIPPER, STRAIGHT 631-5599
TOOTH, STRAIGHT 8J-5313
STORAGE PROTECTION 0P-2918
SELL PRICE $539,614.50
PDI AND SETUP $35,631.94
SOURCEWELL DISCOUNT PER CONTRACT# 032119-CAT 34% OFF LIST ($183,415.38) NET BALANCE DUE $395,801.06
EXTENDED WARRANTY 84 MO/2500 HR POWERTRAIN+HYD+TECH $3,970.00 MENDOCINO CO. TAX (7.875%) $31,169.33
AFTER TAX BALANCE $426,970.39

WARRANTY
Standard Warranty: 12 Month, Unlimited Hours Standard Warranty F.O.B/TERMS: Willits

Attachment 1

Accepted by___________________________________ on ____________________ ______________________________
Signature
This Quote is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.

Sincerely,
Jack Drew
Machine Sales Representative
Peterson CAT
+1 707-489-3664
[email protected]

Attachment 1

120
Motor Grader
Technical Specifications
Configurations and features may vary by region. Please consult your Cat® dealer for availability in your area.

Table of Contents
Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Engine – U.S. EPA Tier 3/EU Stage IIIA Equivalent . . . . . . . . . . . . . . . . . . 2 Engine – U.S. EPA Tier 4 Final/EU Stage V . . . . . . . . . . . . . . . . . . . . . . . . . 2 120 Net Power – Tier 3/Stage IIIA Equivalent . . . . . . . . . . . . . . . . . . . . . . 3 120 Net Power – Tier 4 Final/Stage V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Power Train . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Hydraulic System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Operating Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Base Machine Weight – Tier 3/Stage IIIA Equivalent . . . . . . . . . . . . . . . 4 Typically Equipped Machine Weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Major Component Weights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Base Machine Weight – Tier 4 Final/Stage V . . . . . . . . . . . . . . . . . . . . . . 4 Typically Equipped Machine Weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Service Refill Capacities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Tandems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Service Brakes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Parking Brake . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Moldboard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Drawbar Circle Moldboard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Circle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Blades – Tier 3/Stage IIIA Equivalent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Blades – Tier 4 Final/Stage V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Maximum Shoulder Reach Outside of Tires . . . . . . . . . . . . . . . . . . . . . . . 7 Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Sound Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Ripper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Mid Mount Scarifier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Electrical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Electrical – Tier 3/Stage IIIA Equivalent Lever . . . . . . . . . . . . . . . . . . . . . 7 Dimensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Optional Tire Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Standard and Optional Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 120 Environmental Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Attachment 1

Engine – Tier 3/Stage IIIA Equivalent
Engine Model Cat C7.1
Emissions Brazil MAR-1 emission
standards, U.S. EPA
Tier 3 and EU Stage IIIA
equivalent
Base Net Power ISO 9249/SAE J1349 97 kW 130 hp
Base Net Power EEC 80/1269 (metric) 132 hp
Power Range – Net 97-116 kW 130-156 hp
Power Range – Net (metric) 132-158 hp
All Wheel Drive Range – Net 100-129 kW 135-173 hp
All Wheel Drive Range – Net (metric) 137-176 hp
Bore 105 mm 4.1 in
Displacement 7.01 L 427.8 in3
Stroke 135 mm 5.3 in
Engine RPM 2,000
Number of Cylinders 6
Torque Rise – ISO 9249 42%
Maximum Torque – ISO 9249 822 N·m 606 lb-ft
Maximum Torque
(All-Wheel Drive On)
828 N·m 611 lb-ft
Derating Altitude 4500 m 14,764 ft
Derating Altitude AWD 3000 m 9,842 ft
Maximum – Fan Speed 1,300 rpm
Minimum – Fan Speed 600 rpm
Ambient Capacity 50° C 122° F
• Cat engines are compatible with diesel fuel blended with the following lower-carbon intensity fuels up to:
ü 100% biodiesel FAME (fatty acid methyl ester)*
ü 100% renewable diesel, HVO (hydrotreated vegetable oil) and GTL (gas-to-liquid) fuels
Refer to guidelines for successful application. Please consult your Cat dealer or “Caterpillar Machine Fluids Recommendations” (SEBU6250) for details.
*For use of blends higher than 20% biodiesel, consult your Cat dealer.

Engine – Tier 4 Final/Stage V
Engine Model C7.1
Emissions U.S. EPA Tier 4 Final/
EU Stage V
Base Net Power ISO 9249/SAE J1349
EEC 80/1269
104 kW 140 hp
Base Net Power ISO 9249/SAE J1349
EEC 80/1269 (metric)
142 hp
Power Range – Net 104-123 kW 140-164 hp
Power Range – Net (metric) 142-167 hp
All Wheel Drive Range – Net 108-141 kW 144-189 hp
All Wheel Drive Range – Net (metric) 146-192 hp
Bore 105 mm 4.1 in
Displacement 7.01 L 427.8 in3
Stroke 135 mm 5.3 in
Engine RPM 2,000
Number of Cylinders 6
Torque Rise – ISO 9249 42%
Maximum Torque – ISO 9249 822 N·m 606 lb-ft
Maximum Torque
(All-Wheel Drive On)
828 N·m 611 lb-ft
Derating Altitude 3000 m 9,842 ft
Derating Altitude AWD 1676 m 5,499 ft
Maximum – Fan Speed 1,300 rpm
Minimum – Fan Speed 600 rpm
Ambient Capacity 50° C 122° F
• Cat diesel engines are required to use ULSD (ultra-low sulfur diesel fuel with 15 ppm of sulfur or less) or ULSD blended with the following lower-carbon intensity fuels up to:
ü 20% biodiesel FAME (fatty acid methyl ester)*
ü 100% renewable diesel, HVO (hydrotreated vegetable oil) and GTL (gas-to-liquid) fuels
Refer to guidelines for successful application. Please consult your Cat dealer or “Caterpillar Machine Fluids Recommendations” (SEBU6250) for details.
*Engines with no aftertreatment devices can use higher blends, up to 100% biodiesel (for use of blends higher than 20% biodiesel, consult your Cat dealer).
• Net Power is tested per ISO 9249, SAE J1349, and EEC 80/1269 Standards in effect at the time of manufacture.
• Net power advertised is the power available at rated speed of 2,000 rpm, measured at the flywheel when engine is equipped with fan, air cleaner, muffler, and alternator.
• VHP Plus is standard for the 120 and 120 all-wheel drive (AWD). • Rated speed at 2,000 rpm.
• Biodiesel blends up to B30 (30% blend by volume) are acceptable when blended with 500 ppm (mg/kg) sulfur or less ULSD. B30 should meet ASTM D7467 specification (biodiesel blend should meet Cat biodiesel spec, ASTM D6751 or EN 14214). Cat DEOULSTM or oils that meet the Cat ECF-3, API CJ-4, and ACEA E9 specification are required. Consult your OMM for further machine specific fuel recommendations.
120 Motor Grader Specifications
2 Attachment 1

120 Motor Grader Specifications
120 Net Power – Tier 3/Stage IIIA Equivalent
Gear Non-AWD –
kW (hp)
AWD Off –
kW (hp)
AWD On –
kW (hp)
Forward
1st 97 (130) 100 (135) 101 (136)
2nd 97 (130) 100 (135) 101 (136)
3rd 101 (136) 104 (140) 107 (144)
4th 108 (145) 111 (149) 115 (155)
5th 112 (150) 124 (167) 128 (171)
6th 116 (156) 129 (173) 129 (173)
7th 116 (156) 129 (173) 129 (173)
8th 116 (156) 129 (173) 129 (173)
Reverse
1st 97 (130) 100 (135) 101 (136)
2nd 97 (130) 100 (135) 101 (136)
3rd-6th 101 (135) 104 (140) 107 (144)
120 Net Power – Tier 4 Final/Stage V
Gear Non-AWD –
kW (hp)
AWD Off –
kW (hp)
AWD On –
kW (hp)
Forward
1st 104 (139) 108 (145) 109 (146)
2nd 107 (143) 111 (149) 114 (153)
3rd 110 (148) 114 (153) 120 (161)
4th 119 (160) 122 (164) 122 (164)
5th 123 (165) 134 (180) 141 (189)
6th 123 (165) 134 (180) 141 (189)
7th 123 (165) 134 (180) 141 (189)
8th 123 (165) 134 (180) 134 (180)
Reverse
1st 104 (139) 108 (145) 109 (146)
2nd 107 (143) 111 (149) 114 (153)
3rd-6th 110 (148) 114 (153) 120 (161)
Powertrain
Forward/Reverse Gears 8 Forward/6 Reverse
Transmission Direct Drive Powershift
Countershaft
High Idle Speed 2,000 rpm
Low Idle Speed
Tier 3 800 rpm
Tier 4 1,030 rpm
Air Cleaner Dry
Hydraulic System
Type Closed – Center
Type Circuit Parallel
Pump Type Variable Displacement Piston
System Pressure 24 129 kPa 3500 psi
System Flow 0-200 L/min 0-53 gal/min
Operating Specifications
Top speed forward 48.3 km/h 30.1 mph
Top speed reverse 38.1 km/h 23.7 mph
Turning Radius, Outside Front Tires 7.4 m 291.3 in
Steering Range 50° Left and Right
Articulation Angle 20° Left and Right
Front Wheel Lean 18° Left and Right
Total Oscillation 32°
Front Wheel Lean* 16°
Total Oscillation* 32°
Forward
1st 4.1 km/h 2.6 mph
2nd 5.6 km/h 3.5 mph
3rd 8.2 km/h 5.1 mph
4th 11.3 km/h 7.0 mph
5th 17.7 km/h 11.0 mph
6th 24.1 km/h 15.0 mph
7th 33.2 km/h 20.6 mph
8th 48.3 km/h 30.1 mph
Reverse
1st 3.3 km/h 2.0 mph
2nd 6.1 km/h 3.8 mph
3rd 8.9 km/h 5.5 mph
4th 14.0 km/h 8.7 mph
5th 26.2 km/h 16.3 mph
6th 38.1 km/h 23.7 mph
*Joystick – STD only
• Machine speed measured at 2,150 rpm with 14.00R24 radial tires, no slip.
3 Attachment 1

4 Major Component Weights
Moldboard (with cutting edge)
3658 mm × 610 mm × 22 mm
(12 ft × 24 in × 7/8 in)
670 kg 1,474 lb
4267 mm × 610 mm × 22 mm
(14 ft × 24 in × 7/8 in)
782 kg 1,720 lb
Guards
Transmission 105 kg 231 lb
Front Fender 50 kg
(AWD)/
93 kg (STD)
110 lb
(AWD)/
205 lb (STD)
Blade Extension
LH and RH – 152.4 wide, 15.9 thick
cutting edge (each)
113 kg 249 lb
LH and RH – 203.2 wide, 19 thick
cutting edge (each)
127 kg 280 lb
Mid-Mount Scarifier Package 834 kg 1,835 lb
Front Lift Group 680 kg 1,496 lb
Push Plate 895 kg 1,969 lb
Rear Ripper 680 kg 1,496 lb
Front Scarifier 434 kg 956 lb
Service Refill Capacities
Fuel Tank 246 L 65 gal
Circle Drive 7 L 1.8 gal
Engine Crankcase 18 L 4.8 gal
Cooling System 52.5 L 14 gal
Hydraulic System 97 L 25.6 gal
Diesel Exhaust Fluid Tank
(Tier 4 only)
11 L 2.9 gal
Transmission and Differential 60 L 15.8 gal
Tandem 60 L 15.8 gal
Tandems
Oscillation Front Up 15°
Oscillation Rear Up 22°
120 Motor Grader Specifications
Base Machine Weight –
Tier 3/Stage IIIA Equivalent
Base Machine Weight –
Tier 4 Final/Stage V
Lever/Steering Wheel Weight
Front Axle:

Rear Axle:
13 899 kg
3603 kg
10 296 kg
30,642 lb
7,943 lb
22,698 lb
Lever/Steering Wheel Weight
Front Axle:

Rear Axle:
14 272 kg
3564 kg
10 708 kg
31,464 lb
7,856 lb
23,608 lb
Joystick Weight
Front Axle:

Rear Axle:
14 247 kg
3796 kg
10 451 kg
31,409 lb
8,368 lb
23,041 lb
Joystick Weight
Front Axle:

Rear Axle:
14 522 kg
3744 kg
10 778 kg
32,015 lb
8,253 lb
23,762 lb
Lever/Steering Wheel All-Wheel
Drive (AWD) Weight
Front Axle:

Rear Axle:
14 459 kg
3893 kg
10 566 kg
31,876 lb
8,582 lb
23,294 lb
Lever/Steering Wheel All-Wheel
Drive (AWD) Weight
Front Axle:

Rear Axle:
14 832 kg
3854 kg
10 978 kg
32,699 lb
8,496 lb
24,203 lb
Joystick All-Wheel Drive
(AWD) Weight
Front Axle:

Rear Axle:
14 807 kg
4086 kg
10 721 kg
32,644 lb
9,008 lb
23,636 lb
Joystick All-Wheel Drive
(AWD) Weight
Front Axle:

Rear Axle:
15 082 kg
4034 kg
11 048 kg
33,250 lb
8,893 lb
24,357 lb
Typically Equipped Machine Weight Typically Equipped Machine Weight Lever/Steering Wheel Weight*
Front Axle:

Rear Axle:
15 803 kg
4359 kg
11 444 kg
34,839 lb
9,610 lb
25,229 lb
Lever/Steering Wheel Weight*
Front Axle:

Rear Axle:
16 271 kg
4372 kg
11 899 kg
35,871 lb
9,637 lb
26,234 lb
Joystick Weight*
Front Axle:

Rear Axle:
16 246 kg
4608 kg
11 638 kg
35,816 lb
10,159 lb
25,657 lb
Joystick Weight*
Front Axle:

Rear Axle:
16 521 kg
4556 kg
11 965 kg
36,422 lb
10,044 lb
26,378 lb
Lever/Steering Wheel All-Wheel
Drive (AWD) Weight*
Front Axle:

Rear Axle:
16 556 kg
4718 kg
11 838 kg
36,499 lb
10,401 lb
26,098 lb
Lever/Steering Wheel All-Wheel
Drive (AWD) Weight*
Front Axle:

Rear Axle:
16 831 kg
4666 kg
12 165 kg
37,106 lb
10,287 lb
26,819 lb
Joystick All-Wheel Drive
(AWD) Weight*
Front Axle:

Rear Axle:
16 806 kg
4898 kg
11 908 kg
37,051 lb
10,798 lb
26,253 lb
Joystick All-Wheel Drive
(AWD) Weight*
Front Axle:

Rear Axle:
17 081 kg
4846 kg
12 235 kg
37,657 lb
10,683 lb
26,973 lb
*Typically equipped includes 3.7 m (12') blade, 14.00R24 tires, push plate, ripper, bottom guard, operator, and full fluids.

Attachment 1

5 120 Motor Grader Specifications
Service Brakes
Type System Dual Circuit Hydraulic
Type Brake Multiple Oil Disc
Number of Brakes 4
Number of Disc Assemblies (each) 6
Size (outer diameter) 270 mm 10.6 in
Size (inner diameter) 189 mm 7.4 in
Lining Area Per Brake 3504 cm2 543.1 in2
Parking Brake
Type System Hydraulic Actuated
Type Brake Multiple Oil Disc,
Meets ISO 3450
Slope Holding Ability 30°
Secondary Brakes Dual Circuit Control
System, Applies Two
Service Brakes
Moldboard
Standard Option 1 Option 2
Width 3.7 m 12 ft 3.7 m 12 ft 4.3 m 14 ft
Height 610 mm 24 in 610 mm 24 in 686 mm 27 in
End Bit 152 mm 6 in 152 mm 6 in 152 mm 6 in
Cutting Edge 152 mm 6 in 203 mm 8 in 203 mm 8 in
Arc Radius 413 mm 16.3 in 413 mm 16.3 in 413 mm 16.3 in Throat Clearance 120 mm 4.7 in 124 mm 4.9 in 89 mm 3.5 in Drawbar Circle Moldboard
Range of Motion Standard Top Adjust
Lift Cylinders 2 2
Maximum Depth of Cut 775 mm 30.5 in 775 mm 30.5 in
Maximum Lift Above Ground 410 mm 16.1 in 410 mm 16.1 in Throat Clearance 120 mm 4.7 in 120 mm 4.7 in
Circle Center Shift Cylinder
Center Shift Right 656 mm 25.8 in 656 mm 25.8 in
Center Shift Left 656 mm 25.8 in 656 mm 25.8 in
Moldboard Side Shift Cylinder
Side Shift Left 660 mm 26 in 660 mm 26 in
Side Shift Right 510 mm 20.1 in 510 mm 20.1 in
Blade Tip Cylinder
Maximum Blade Tip Forward 40° 40°
Maximum Blade Tip Backward 5° 5°
Circle Drive 360° of Blade Rotation
Link Bar 7 Positions to adjust the drawbar circle moldboard range of motion Drawbar Shoes 4 with replaceable wear strips
Circle
Section Rolled Ring Forging
Number of Teeth 64
Rotation 360°
Attachment 1

6 120 Motor Grader Specifications
Blades – Tier 3/Stage IIIA Equivalent
Lever/Steering Wheel Weight
Blade Pull Adv. Base Gross Vehicle
Weight (GVW)
9266 kg 20,429 lb
Blade Down Force Adv. Base GVW 6311 kg 13,914 lb
Blade Pull Adv. Typically Equipped GVW 10 299 kg 22,706 lb Blade Down Force Adv. Typically
Equipped GVW
7636 kg 16,834 lb
Blade Pull Adv. Max GVW 12 402 kg 27,341 lb
Blade Down Force Adv. Max GVW 10 895 kg 24,019 lb
Lever/Steering Wheel All-Wheel Drive (AWD) Weight
Blade Pull Adv. Base GVW 13 013 kg 28,689 lb
Blade Down Force Adv. Base GVW 6779 kg 14,945 lb
Blade Pull Adv. Typically Equipped GVW 14 900 kg 32,849 lb Blade Down Force Adv. Typically
Equipped GVW
8215 kg 18,112 lb
Blade Pull Adv. Max GVW 18 000 kg 39,683 lb
Blade Down Force Adv. Max GVW 10 831 kg 23,878 lb
Joystick Weight
Blade Pull Adv. Base GVW 9406 kg 20,737 lb
Blade Down Force Adv. Base GVW 6609 kg 14,571 lb
Blade Pull Adv. Typically Equipped GVW 10 474 kg 23,092 lb Blade Down Force Adv. Typically
Equipped GVW
8024 kg 17,689 lb
Blade Pull Adv. Max GVW 12 402 kg 27,341 lb
Blade Down Force Adv. Max GVW 10 895 kg 24,019 lb
Joystick All-Wheel Drive (AWD) Weight
Blade Pull Adv. Base GVW 13 326 kg 29,379 lb
Blade Down Force Adv. Base GVW 7114 kg 15,684 lb
Blade Pull Adv. Typically Equipped GVW 15 125 kg 33,345 lb Blade Down Force Adv. Typically
Equipped GVW
8529 kg 18,803 lb
Blade Pull Adv. Max GVW 18 000 kg 39,683 lb
Blade Down Force Adv. Max GVW 10 831 kg 23,878 lb
Blades – Tier 4 Final/Stage V
Lever/Steering Wheel Weight
Blade Pull Adv. Base GVW 9638 kg 21,247 lb
Blade Down Force Adv. Base GVW 6242 kg 13,762 lb
Blade Pull Adv. Typically Equipped GVW 10 710 kg 23,610 lb Blade Down Force Adv. Typically
Equipped GVW
7657 kg 16,881 lb
Blade Pull Adv. Max GVW 12 402 kg 27,341 lb
Blade Down Force Adv. Max GVW 10 895 kg 24,019 lb
Lever/Steering Wheel All-Wheel Drive (AWD) Weight
Blade Pull Adv. Base GVW 13 349 kg 29,429 lb
Blade Down Force Adv. Base GVW 6710 kg 14,794 lb
Blade Pull Adv. Typically Equipped GVW 15 148 kg 33,395 lb Blade Down Force Adv. Typically
Equipped GVW
8125 kg 17,912 lb
Blade Pull Adv. Max GVW 18 000 kg 39,683 lb
Blade Down Force Adv. Max GVW 10 831 kg 23,878 lb
Joystick Weight
Blade Pull Adv. Base GVW 9701 kg 21,386 lb
Blade Down Force Adv. Base GVW 6519 kg 14,372 lb
Blade Pull Adv. Typically Equipped GVW 10 769 kg 23,740 lb Blade Down Force Adv. Typically
Equipped GVW
7933 kg 17,490 lb
Blade Pull Adv. Max GVW 12 402 kg 27,341 lb
Blade Down Force Adv. Max GVW 10 895 kg 24,019 lb
Joystick All-Wheel Drive (AWD) Weight
Blade Pull Adv. Base GVW 13 574 kg 29,925 lb
Blade Down Force Adv. Base GVW 7024 kg 15,485 lb
Blade Pull Adv. Typically Equipped GVW 15 373 kg 33,891 lb Blade Down Force Adv. Typically
Equipped GVW
8438 kg 18,603 lb
Blade Pull Adv. Max GVW 18 000 kg 39,683 lb
Blade Down Force Adv. Max GVW 10 831 kg 23,878 lb
Attachment 1

7 120 Motor Grader Specifications
Maximum Shoulder Reach Outside of Tires
Blade 3.7 m (12 ft) 4.3 m (14 ft)
Right 1905 mm 75 in 2210 mm 87 in
Left 1742 mm 68.6 in 2180 mm 85.8 in
• An additional 300 mm (11.8 in) of reach can be achieved to the right or left by changing the side shift mounting bracket on the

4.3 m (14 ft) blade.

Standards
ROPS
FOPS
ISO 3471:2008
ISO 3449:2005 Level II
Brakes ISO 3450:2011
Steering ISO 5010:2007
Sound Standards
Sound ISO 6395:2008
ISO 6396:2008
Spectator Sound Level – Non-AWD 105 dB(A)
Spectator Sound Level – AWD 106 dB(A)
Operator Sound Level – Joystick 71 dB(A)
Operator Sound Level – Lever/
Steering Wheel
75 dB(A)
• The dynamic spectator sound power level measurements are performed according to the dynamic test procedures that are specified in ISO 6395:2008. The measurements were conducted at 70% of the maximum engine cooling fan speed. The machine was equipped with sound suppression system.
• The dynamic operator sound pressure level measurements are performed according to the dynamic test procedures that are specified in ISO 6396:2008. The measurements were conducted at 70% of the maximum engine cooling fan speed, with the cab doors and the cab windows closed. The cab was properly installed and maintained. The machine was equipped with sound suppression system.

Tier 3/Stage IIIA/India Bharat Stage III, and India CEV Stage V, with LVR tandem for India/APD
Sound ISO 6395:2008
ISO 6396:2008
• The dynamic spectator sound power level is 107 dB(A).

Measurements are performed according to the dynamic
test procedures that are specified in ISO 6395:2008. The measurements were conducted at 70% of the maximum engine cooling fan speed. The machine was not equipped with sound suppression.
• The dynamic operator sound pressure level is 75 dB(A).

Measurements are performed according to the dynamic
test procedures that are specified in ISO 6396:2008. The measurements were conducted at 70% of the maximum engine cooling fan speed, with the cab doors and the cab windows closed. The cab was properly installed and maintained. The machine was not equipped with sound suppression.

Ripper
Ripping Depth Maximum 288 mm 11.2 in
Ripper Shank Holder 5
Ripper Shank Holder Spacing 533 mm 20.8 in
Penetration Force 5119 kg 11,287 lb
Pryout Force 2029 kg 4,474 lb
Machine Length Increase,
Beam Raised
900 mm 35.1 in
Mid Mount Scarifier
Front, V-Type: Working Width 1205 mm 47.4 in
Number of Shanks 11
Shank Spacing 116 mm 4.5 in
Scarifying Width 1031 mm 40.2 in
Electrical
Starting System Type Direct Electric
Heavy Duty Battery
CCA at –18° 1,125 amp
Volts 12V
Quantity 2
Extreme Duty Battery
CCA at –18° 1,400 amp
Volts 12V
Quantity 2
Standard Alternator 145 amps at 24V
Heavy Duty Alternator 150 amps at 24V
Electrical – Tier 3/Stage IIIA Equivalent Lever
Starting System Type Direct Electric
Standard Duty Battery Only offered on Levers
CCA at –18° 900 amp
Volts 12V
Quantity 2
Heavy Duty Battery
CCA at –18° 1,125 amp
Volts 12V
Quantity 2
Extreme Duty Battery
CCA at –18° 1,400 amp
Volts 12V
Quantity 2
Standard Alternator – Levers 115 amps at 24V
Standard Alternator – Joystick 145 amps at 24V
Heavy Duty Alternator 150 amps at 24V
Attachment 1

120 Motor Grader Specifications
8 Rim Size Wheel Group Tires
9 × 24 Single-Piece 13.00-24
9 × 24 Single-Piece 14.00-24
10 × 24 Multi-Piece 13.00-24
10 × 24 Multi-Piece 14.00-24
10 × 24 Multi-Piece 14.00-24
13 × 25 Single-Piece 17.5R25
14 × 25 Multi-Piece 14.00R24
14 × 25 Multi-Piece 17.5R25
14 × 25 Multi-Piece 17.5-25
Note: Consult your dealer for individual tire width, size and brand.

Dimensions
All dimensions are approximate.
1 Height – Top of Cab 3465 mm 136.4 in
2 Height
Front Axle Center (Non AWD) 590 mm 23.2 in
Front Axle Center (AWD) 596 mm 23.5 in
3 Length – Between Tandem Axles 1510 mm 59.5 in
4 Length
Front Axle to Moldboard
(Non AWD)
2551 mm 100.4 in
Length – Front Axle to
Moldboard (AWD)
2516 mm 99 in
5 Length
Front Axle to Mid Tandem
(Non AWD)
5945 mm 234 in
Front Awd Axle to Mid
Tandem (AWD)
5910 mm 232.7 in
6 Length
Front Tire to Rear of Machine
(Non AWD)
8534 mm 336 in
Front Tire to Rear of Machine
(AWD)
8499 mm 334.6 in
7 Length – Push Plate to Ripper 9838 mm 387 in
8 Ground Clearance at Rear Axle 349 mm 13.7 in
9 Height to Top of Cylinders 2895 mm 114 in
10 Height to Exhaust Stack 3185 mm 125.4 in
Height to Exhaust Stack (Tier 3) 2924 mm 115 in
11 Width – Tire Center Lines 2070 mm 81.5 in
12 Width – Outside Rear Tires 2491 mm 98 in
13 Width
Outside Front Tires (Non AWD) 2495 mm 98.2 in
Outside Front Tires (AWD) 2638 mm 103.9 in
14 Maximum Height – with Attachments 3440 mm 135.4 in
15 Length – Push Plate to Raised Ripper 9583 mm 377 in
16 Width – Inside Rear Tires 1649 mm 64.9 in
17 Length
Front Axle to Articulation
Hitch (Non AWD)
5284 mm 208 in
Front Axle to Articulation
Hitch (AWD)
5249 mm 206.7 in
18 Length – Rear Axle to
Articulation Hitch
660 mm 26 in
19 Length – Rear Axle to Rear of Frame 1726 mm 68 in
20 Height – Tire Deflection at
Performance Weight
45 mm 1.8 in
Optional Tire Arrangements
Attachment 1

9 120 Standard and Optional Equipment
Standard and Optional Equipment
Standard and optional equipment may vary. Consult your Cat dealer for details.

Standard Optional

POWER TRAIN
Cat C7.1 engine 
Eco mode 
Extreme duty starter 
50° C (122° F) ambient capacity 
43° C (109° F) ambient capacity – all wheel drive 
All-Wheel Drive (AWD) 
Differential lock/unlock 
Engine idle shutdown timer 
Hydraulic demand fan 
Reversing fan 
Biodiesel capability up to B30 
Transmission, autoshift* 
*Optional on lever machines.

MOLDBOARD
Standard drawbar circle moldboard 
Circle drive slip clutch 
Top adjust drawbar circle moldboard 
Circle saver 

ELECTRICAL
Sealed alternator 
Reversing lights 
Breaker panel 
900 CCA standard duty batteries* 
1,125 CCA heavy duty batteries 
1,400 CCA extreme duty batteries 
Electric starter 
*Available on T3 Lever machines only (1,125 and 1,400 CCA are optional). (continued on next page)
Attachment 1

120 Standard and Optional Equipment
10 Standard and Optional Equipment (continued)
Standard and optional equipment may vary. Consult your Cat dealer for details.

Lever/Steering Wheel Joystick
Standard Optional Standard Optional
CAB
Vinyl seat  N/A N/A
ROPS/FOPS  
Air suspension adjustable seat  
Leather heated/cooled seat  
Seat belt, retractable  
Seat belt, indication  
203 mm (8 in) touchscreen monitor  
254 mm (10 in) hybrid information display  N/A N/A
Canopy cab (T3 lever only)  N/A N/A
Heating, ventilation, and air conditioning (HVAC) system   Defrost fans  
Halogen lighting  
Cup and bottle holders  
Implement lockout  
Adjustable control console  
Interior lights (dome lamp)  
LED lighting  
Entertainment Radio Ready  
Coat hook  
USB/Auxiliary Radio  
Joystick controls N/A 
Communication radio mounting  
Steering wheel and lever controls  N/A
Heated mirrors  
Electric throttle control  
Front windshield wiper  
Front windshield wiper (lower)  N/A N/A
Rear wiper  
Rear window screen  
Cab storage  
Side window wipers N/A N/A 
Slider side window  
(continued on next page)
Attachment 1

120 Standard and Optional Equipment
11 Standard and Optional Equipment (continued)
Standard and optional equipment may vary. Consult your Cat dealer for details.

Standard Optional

SAFETY AND SECURITY
Parking brake 
Back up alarm 
Ground level fuel fill* 
Signaling/warning horn 
Warning beacon 
Rearview mirror 
Rearview camera 
Hydraulic brakes 
Secondary steering system 
Side view mirrors 
Strategically placed walkways and grab rails 
*Standard for North America and Europe.

SERVICE AND MAINTENANCE
Ground level DEF fill – Tier 4 Final/Stage V 
Grouped location for engine oil and fuel filters 
Extended Life Coolant 

CAT TECHNOLOGY
Cat Grade with Digital Blade Slope Meter 
Cat Grade with Cross Slope Indicate 
Cat Grade with Cross Slope 
Cat Grade Attachment Ready Option (ARO) 
Stable blade 
Product Link™* 
Remote services 
*Optional on Lever models.

GUARDS
Front fenders* 
Rear fenders 
Front axle guard for all-wheel drive 
Transmission 
Cover, under cab platform 
*Not available for lever and steering wheel tandem machines.

ATTACHMENTS
Push block 
Ripper 
Scarifier 
Mid mount scarifier 
Front lift group 
Front blade 
Attachment 1

12 120 Environmental Declaration
Engine
• The Cat® C7.1 engine is available in configurations that meet U.S.

EPA Tier 4 Final and EU Stage V emission standards or Brazil MAR-1 emission standards, equivalent to U.S. EPA Tier 3 and EU Stage IIIA. • Cat U.S. EPA Tier 4 Final and EU Stage V diesel engines are required to use ULSD (ultra-low sulfur diesel fuel with 15 ppm of sulfur or less) or ULSD blended with the following lower-carbon intensity fuels up to:
 20% biodiesel FAME (fatty acid methyl ester)*
 100% renewable diesel, HVO (hydrotreated vegetable oil) and GTL (gas-to-liquid) fuels
• Cat engines meeting Brazil MAR-1, equivalent to U.S. EPA Tier 3 and EU Stage IIIA, are compatible with diesel fuel blended with the following lower-carbon intensity fuels up to:
 100% biodiesel FAME (fatty acid methyl ester)**
 100% renewable diesel, HVO (hydrotreated vegetable oil) and GTL (gas-to-liquid) fuels
Refer to guidelines for successful application. Please consult your Cat dealer or “Caterpillar Machine Fluids Recommendations” (SEBU6250) for details.
*Engines with no aftertreatment devices can use higher blends, up to 100% biodiesel (for use of blends higher than 20% biodiesel, consult your Cat dealer).
**For use of blends higher than 20% biodiesel, consult your Cat dealer.

Air Conditioning System
• The air conditioning system on this machine contains the fluorinated greenhouse gas refrigerant R134a (Global Warming Potential = 1430).

The system contains 1.6 kg (3.5 lb) of refrigerant which has a CO2 equivalent of 2.288 metric tonnes (2.522 tons).

Paint
• Based on best available knowledge, the maximum allowable concentration, measured in parts per million (PPM), of the following heavy metals in paint are:
– Barium < 0.01%
– Cadmium < 0.01%
– Chromium < 0.01%
– Lead < 0.01%
Sound Performance
Spectator Sound Level – Non-AWD (ISO 6395:2008) 105 dB(A) Spectator Sound Level – AWD (ISO 6395:2008) 106 dB(A)
Operator Sound Level – Joystick (ISO 6396:2008) 71 dB(A) Operator Sound Level – Lever/Steering Wheel (ISO 6396:2008) 75 dB(A) • The dynamic spectator sound power level measurements are performed according to the dynamic test procedures that are specified in ISO 6395:2008. The measurements were conducted at 70% of the maximum engine cooling fan speed. The machine was equipped with sound suppression system.
• The dynamic operator sound pressure level measurements are performed according to the dynamic test procedures that are specified in ISO 6396:2008. The measurements were conducted at 70% of the maximum engine cooling fan speed, with the cab doors and the cab windows closed. The cab was properly installed and maintained. The machine was equipped with sound suppression system.

Tier 3/Stage IIIA/India Bharat Stage III, and India CEV Stage V, with LVR tandem for India/APD:

Spectator Sound Level (ISO 6395:2008) 107 dB(A)
Operator Sound Level (ISO 6396:2008) 75 dB(A)
• The dynamic spectator sound power level measurements are performed according to the dynamic test procedures that are specified in ISO 6395:2008. The measurements were conducted at 70% of the maximum engine cooling fan speed. The machine was not equipped with sound suppression system.
• The dynamic operator sound pressure level measurements are performed according to the dynamic test procedures that are specified in ISO 6396:2008. The measurements were conducted at 70% of the maximum engine cooling fan speed, with the cab doors and the cab windows closed. The cab was properly installed and maintained. The machine was not equipped with sound suppression system.

Oils and Fluids
• Caterpillar factory fills with ethylene glycol coolants. Cat Diesel Engine Antifreeze/Coolant (DEAC) and Cat Extended Life
Coolant (ELC) can be recycled. Consult your Cat dealer for more information.
• Cat Bio HYDO™ Advanced is an EU Ecolabel approved
biodegradable hydraulic oil.

Additional fluids are likely to be present, please consult the Operations and Maintenance Manual or the Application and Installation guide for complete fluid recommendations and maintenance intervals.

Features and Technology
• The following features and technology may contribute to fuel savings and/or carbon reduction. Features may vary. Consult your Cat dealer for details.
– ECO mode minimizes fuel consumption for light applications – Engine Idle Shutdown Timer reduces fuel burn, greenhouse gas emissions and unnecessary idle time by shutting down the machine after a pre-set idling period
– Cat Grade helps reduce fuel burn and greenhouse gas emissions by enabling you to achieve grade faster and more accurately by automating blade actions
– Cut maintenance costs up to 15% with extended service intervals next generation filters
– Improve jobsite efficiency with lower operating costs with Product Link™ and VisionLink® insights
The following information applies to the machine at the time of final manufacture as configured for sale in the regions covered in this document. The content of this declaration is valid as of the date issued; however, content related to machine features and specifications are subject to change without notice. For additional information, please see the machine’s Operation and Maintenance Manual.

For more information on sustainability in action and our progress, please visit https://www.caterpillar.com/en/company/sustainability.

Attachment 1

Attachment 2

Attachment 2

USDA
Form RD 1940-1
(Rev 02-26)

1. Borrower Name

2. Borrower Address
). City, Statt, Zip Codt
View Burden Statement
Request for Obligation of Funds
S. Case/Borrower Number 023

FORM APPROVED
0MB No. 0570-0062
Exp. Date: 9/30/2028
0MB No. 0570-0067
Exp. Date: 9/30/2028
644627026

17. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL:
18 I HEREBY CERTIFY that I am llnable to obtain suffident credit elsewhere to finance my actual needs at reasonaible r1tf1 ,1:nd terms, taking in1o consideration prevailing private and cooperative rates and 1erms In or near my community for loans for similar purposes and pe1iads of 1ime (as ap plicabte in accordanc:t with program regulatjont,). I agree to use the sum specified herefn. subject I to and In accordance w�th regulations and appticable 10 1he type of ass,stanut indicated above, and requeu paymenl of Mich sum I "9ree to report to USOA any material adverse changes. financial or 01herwise, that occur prior to loan/gran1 dosing I certify that no pafl of the sum specified herein h.,1s becm received I have reviewed the roan/grant approval requitements and comments associated with this loan/grant requ&st and agree to comply with these provisions.

Who.v•r. •nant matt•r within th•Jurt1dktion of anrd•partm•nt or agencrof tt,e Unit.cl StatH. knawlnglyand wU!fulty talslfl••• <Dn<Hl1or caveu up by anytrkk. sch•m•. er d•Yln a mat•ri•I fact. or makes ani f •b•, fktttk,u, or fraudulent statements or tepte,entadons, ot makes use of any fat .. writing or docum•nt 'know th• sam• ID contain any hit• fktltlout or fraudulent statemant or entr,, 1hall be fined 1i1nder thlt Ihle OT Imprisoned not more than fin yHn, or both. [for loaru,iit eltgible termsonlyJ If th-1,lo.an i5,a,pp,oved, I elett the interes1 ,a.1e tobe charged on my loan to be the lowu of the interHl rate in effect at tht,1ime of loan approval or loan closing. If I heck "NO" the intereu rate charged on my loan will be the 1ate speClfsed on th s form. �_YES _____{e _ NO _{" _ N/A.Granl Only City of Ukiah
g<iri,zaJKin ame
For Internal Us■ Only

19.1 HEREBY CERTIFY that all of the committee and admin slralive determinations and certificat1om requited by ,egu\lti(UU, prer,r-qu1ii1e to p,ovidillg an•�tance of the type ,ndicated above have been made and that evidence 1hereof is tn the docke1, and that all requirements of pe,rt1f\ent ,eguLlt10ns have bee,i ,omplied with. I hereby approve the above•desc,ibed aisistance in tht amouni set forth above. and by this docurnenl. subjec.t to the availabt!ity of runds, tht Government ilgrees 10 advance ,-uch amount to the apphc.ant for the purpose of and subject 10 the availabehty pres,, bed by regulations applicable to thi, type of auistance
Justin Garey CF Program Director
(ryped or Printt<J Nome of Approwng Officio/) /Tir/of
Obllg1tlon D•t• for Obligation 10 ____ _

20. TO THE APPLICANT· As of this date-------------� this Is notice that your applocallon for finandal assistance from the USDA has been approved, as mdicated above. subject to the avallablllty of funds and other conditions required by lhe USDA. If you have any questions, amt act the approprlale USDA Servicing Office.

Attachment 2

Form RD 1942-46
(Rev. 6-10)
Position 3

UNITED ST A TES DEPARTMENT OF AGRICULTURE

RURAL DEVELOPMENT

FORM APPROVED
0MB NO. 0575-0015
0MB NO. 0570-0062

LETTER OF INTENT TO MEET CONDITIONS
TO: United States Department of Agriculture
USDA Rural Development
(Name of USDA Agency)
777 Sonoma Ave, 'E' Street Annex
Santa Rosa, CA, 95404
(USDA Agency Office Address)
Date O 4 - o 9 - 2 0 2 6
We have reviewed and understand the conditions set forth in your letter dated 04-09-2026 . It is our intent to meet all of them not later than 04 -0 9-2 027
Ukiah, City of
City Manager
(Title)
Accordi11g to the Paper..,.ork Reduction Act of /')')5, 011 age11cy may 1101 co11duct or spo11sor, a11d a perso11s is 1101 required to respo11d to a collection ofi11formation 1111/ess it displays a mlid 0MB co11/rol 1111mber. nie mlid 0MB co11trol n11mber for this i1iformation collection is 0575-00/5 and 0570-006]. 77ie rime required to complele this i1iformalio11 collection is estimated to average I hour per response, including tire time for re1·iewi11g 111s11·11ctions. searching exlSling data sources. gathering and 111ai11tai11ing tire data. needed, and compleli11g and rei-iewing /he collection of i11/ormatio11.

Form RD 1942-46 (Rev. 6-10)
Attachment 2

Agenda Item No: 8.c.

MEETING DATE/TIME: 7/1/2026

ITEM NO: 2026-1143

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Approval of Amendment No. 1 to Project Agreement No. 3 (Amendment No. 1) by and among the Transmission Agency of Northern California and its Members, Adopt Resolution, and Authorize the City Manager to Execute Amendment No. 1 on Behalf of the City of Ukiah, Including any NonSubstantive Modifications.

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

1. Project_Agreement_Number_3

2. Amendment No. 1 to Project Agreement No. 3 final_Approved by TANC

3. AmendmentNo1_PA3_Resolution
Summary: Council will consider adopting a resolution authorizing the City Manager or his designee to execute Amendment No. 1 to Project Agreement No. 3 by and among Transmission Agency of Northern California and its Members, the Cities of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Santa Clara, and Ukiah, the Sacramento Municipal Utility District, the Modesto Irrigation District, the Turlock Irrigation District, and the Plumas-Sierra Rural Electric Cooperative (Members), on behalf of the City of Ukiah, including any nonsubstantive modifications approved by the City's General Counsel.

Background: The Transmission Agency of Northern California (TANC) is a joint powers agency established by a group of California publicly-owned utilities in 1984. TANC's initial purpose was to plan, design, and construct the California-Oregon Transmission Project (COTP), a 340 mile-long, 500kV transmission line between the California-Oregon border and central California. The COTP was completed in 1993.

TANC's primary purpose today is to provide electric transmission services to its Member utilities, including Ukiah, through transmission line ownership or contract arrangements. As the project manager for the COTP, TANC is responsible for its day-to-day operation and maintenance, and any potential upgrades. Project Agreement No. 3 (Attachment 1) Authorizes TANC to act on behalf of the Members in activities related to COPT.

TANC's current Membership includes publicly-owned utilities in the cities of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Santa Clara, and Ukiah, the Sacramento Municipal Utility District, the Modesto Irrigation District, the Turlock Irrigation District, and the Plumas-Sierra Rural Electric Cooperative (Members).

Discussion: TANC and its Members propose to adopt Amendment No. 1 (Attachment 2) to modify certain provisions of the Project Agreement No. 3 to ensure the agreement is consistent with current business practices. Amendment No. 1 (i) will clarify that changes to Transfer Capability may be made without formally amending Project Agreement No. 3 to ensure efficient and timely updates to Project entitlement shares, (ii) includes minor and non-substantive administrative updates, and (iii) updates and adds certain appendices to clarify project entitlements.

Costs associated with the development and approval of Amendment No. 1 will be allocated to Members in accordance with approved cost allocation methodologies as described in the TANC annual budget which is the

current practice.

Staff recommends Council adopt a resolution (Attachment 3) authorizing the City Manager or his designee to execute Amendment No. 1 to Project Agreement No. 3 by and among the Transmission Agency of Northern California and its Members, the Cities of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Santa Clara, and Ukiah, the Sacramento Municipal Utility District, the Modesto Irrigation District, the Turlock Irrigation District, and the Plumas-Sierra Rural Electric Cooperative, on behalf of the City of Ukiah, including any nonsubstantive modifications approved by the City's General Counsel.

Recommended Action: Adopt a resolution authorizing the City Manager or his designee to execute Amendment No. 1 to Project Agreement No. 3 by and among the Transmission Agency of Northern California and its Members, the Cities of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Santa Clara, and Ukiah, the Sacramento Municipal Utility District, the Modesto Irrigation District, the Turlock Irrigation District, and the Plumas-Sierra Rural Electric Cooperative, on behalf of the City of Ukiah, including any nonsubstantive modifications approved by Ukiah's General Counsel.

BUDGET AMENDMENT REQUIRED: No
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): N/A
GENERAL PLAN ELEMENTS (GP): GP-A4 - Public Facilities, Services, and Infrastructure Element.

Attachment 1

1 AMENDMENT NO. 1

PROJECT AGREEMENT
NO. 3 BETWEEN AND
AMONG

THE TRANSMISSION AGENCY OF NORTHERN CALIFORNIA

AND ITS MEMBERS
This Amendment No. 1 to Project Agreement No. 3 (“Agreement”) by and among the Transmission Agency of Northern California, hereinafter referred to as "TANC," and its Members the Cities of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Roseville, Santa Clara, and Ukiah; the Sacramento Municipal Utility District; the Modesto Irrigation District; the Turlock Irrigation District; and the Plumas- Sierra Rural Electric Cooperative, hereinafter referred to as “Members,” is hereby made and entered into as of , 2026 (“Amendment Effective Date”), based upon the following:

RECITALS
WHEREAS, TANC and its Members desire to modify certain provisions of the Agreement as provided herein;
WHEREAS, TANC and its Members seek to clarify that changes to Transfer Capability may be made without formally amending the Agreement.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, TANCand its Members agree as follows:

AMENDMENTS

1. The Table of Contents is revised to delete “Participation Percentages” and replace it with Participation Percentages (N-S)” as Appendix C.

2. The Table of Contents is revised to add as Appendix C-1 “Participation Percentages (S-N)”, following Appendix C: Participation Percentages (N-S).

3. The Table of Contents is revised to add as Appendix C-2 “Return of Layoff Percentages”, following Appendix C-1: Participation Percentages (S-N).

4. Thedefinition of “Betterment”inSection 1.4 oftheAgreement is revised by deleting the phrase “or sixteen hundred (1600) megawatts, whichever is less”.

5. The definition of “Executive Committee” in Section 1.8 of the Agreement is deleted in its entirety and replaced with “[Intentionally omitted]”.

6. The definition of “Fiscal Year” in Section 1.9 of the Agreement isrevised by deleting “September” and replacing it with “June”.

7. Section 1.22 of the Agreement is revised to add “and Appendix C-1” after “Appendix C”.

Attachment 2

2 8. Section 1.30 of the Agreement is revised by deleting “Section 15060” and replacing it with “Part 101, Definition 34”.

9. Section 2.3.1 of the Agreement is revised to add “and Appendix C-1” after “Appendix C”.

10. Section 2.3.2 of the Agreement is deleted in its entirety and replaced with the following: “In the event that TANC’s entitlement to Transfer Capability changes, the Members’ Participation Percentages will be unchanged except as provided in this Agreement. Changes to Members’ Participation Percentages shall be permitted without an amendment to this Agreement as follows:

2.3.2.1 All revisions of Participation Percentages pursuant to this Section

2.3.2 shall require an affirmative vote of the Commission using the voting procedures provided in the Joint Powers Agreement.

2.3.2.2 Members shall be permitted to revise their Participation Percentages if one or more Members agree to accept an offsetting change in Participation Percentage. All Members whose Participation Percentage change must consent to the change in writing.

2.3.2.3 Members shall be permitted to acquire Transfer Capability from outside of TANC and transfer that capability to TANC, without amendment to this Agreement subject to an affirmative vote of the Commission using the voting procedures provided in the Joint Powers Agreement and written consent of the Members acquiring the Transfer Capability. Participation Percentages of all Members shall be changed so that the Member acquiring the Transfer Capability retains its existing Transfer Capability and obtains the additional Transfer Capability it has acquired, and is subject to, all the rights and obligations associated with the transfer.

2.3.2.4 Participation Percentage revisions shall (a) be recorded with an administrative amendment to Appendix C and Appendix C-1; and (b) result in the aggregate Participation Percentages of the Members of one hundred (100) percent.”

11. Section 2.3.3 of the Agreement isrevised by deleting “Column D” and replacing it with “or Appendix C-1”.

12. Section 3.1 of the Agreement is revised by deleting “its Executive Committee or”.

13. Section 4.1.1 of the Agreement is revised by deleting “the California Department of Water Resources,”.

14. Section 5.3 of the Agreement is revised by adding an internal cross-reference to “Section 2.3.2 and” before “Section 8.3”.

15. Section 7.4 of the Agreement is revised by deleting “, Column E” and replacing it with “and Appendix C-1”.

3 16. Section 12.1 of the Agreement is revised by deleting “telephone or in writing within twenty-four (24 hour}” and replacing it with “telephone, in writing, or by electronic mediawithin twenty-four(24) hours” both timesthislanguage is used.

17. Section16.1oftheAgreementisrevisedbyaddinganinternal cross-reference to Section “2.3.2,” after “Sections”.

18. Section 19 of the Agreement is revised to add “C-1, C-2,” between “Appendices A, B, C,” and “D, and E attached....................................................................................................”

19. Appendix C of the Agreement is deleted and replaced with the following table of the Current North to South Participation Percentages:

NEW (ENTITLEMENT AND SCHEDULING)
TANC
Member
Member
Percentage
Member MW
Entitlement
(North to
South)
MW Scheduling
Rights
(North to South)
MWScheduling
Rights %
(North to South)
SMUD 37.8074% 569.2140 558 37.7793%
MID 23.0546% 347.1014 341 23.0873%
TID 17.1458% 258.1407 253 17.1293%
Santa Clara 9.8108% 147.7077 145 9.8172%
Redding 10.0398% 151.1555 148 10.0203%
Roseville 2.1416% 32.2431 32 2.1666%
Alameda 0.0000% - - 0.0000%
Healdsburg 0.0000% - - 0.0000%
Lodi 0.0000% - - 0.0000%
Lompoc 0.0000% - - 0.0000%
Palo Alto 0.0000% - - 0.0000%
Plumas 0.0000% - - 0.0000%
Ukiah 0.0000% - - 0.0000%
Total 100.0000% 1,505.5625 1,477 100.0000%
Scheduling Rights include the 29MW layoff to WAPA
COTP
Participants
Participant
Percentage
Participant MW
Entitlement
(North to South)
MW Scheduling
Rights
(North to South)
MWScheduling
Rights %
(North to South)
TANC 88.5625% 1,505.5625 1,477 86.8824%
Western 9.3750% 159.3750 188 11.0588%
PG&E 2.0625% 35.0625 35 2.0588%
Total 100.0000% 1,700.0000 1,700 100.0000%

4 20. Appendix C-1 is added to the Agreement to include the following table of the Current South to North Participation Percentages:

TANC
Member
Member
Percentage
Member MW
Entitlement (South
to North)
MW Scheduling
Rights
(South to North)
SMUD 37.8074% 410.17 402.00
MID 23.0546% 250.12 245.00
TID 17.1458% 186.01 182.00
Santa Clara 9.8108% 106.44 105.00
Redding 10.0398% 108.92 107.00
Roseville 2.1416% 23.23 23.00
Alameda 0.0000% - -
Healdsburg 0.0000% - -
Lodi 0.0000% - -
Lompoc 0.0000% - -
Palo Alto 0.0000% - -
Plumas 0.0000% - -
Ukiah 0.0000% - -
Total 100.0000% 1,084.8906 1,064
COTP
Participants
Participant
Percentage
Participant MW
Entitlement
(South to North)
MW Scheduling
Rights
(South to North)
TANC 88.5625% 1,084.8906 1,064
Western 9.3750% 114.8438 136
PG&E 2.0625% 25.2656 25
100.0000% 1,225.0000 1,225

21. Appendix C-2 is added to the Agreement to include the following table to document the Return of Layoff Percentages:

5 22.AppendixE(BillingAddressesoftheParties)oftheAgreement is updated to include the billing address of the Cities of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Roseville, Santa Clara, and Ukiah; the Sacramento Municipal Utility District; the Modesto Irrigation District; and the Turlock Irrigation District.

Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

This Amendment will become effective when TANC and its Members have each signed below and shall be effective as of the Amendment Effective Date specified above. TANC and its Members intend that this Amendment shall not bind any Party unless it is executed by all Parties.

CITY OF ALAMEDA
By:

Name:

Title:

Date:

CITY OF HEALDSBURG
By:

Name:

Title:

Date:

CITY OF LODI
By:

Name:

Title:

Date:

6 CITY OF LOMPOC
By:

Name:

Title:

Date:

MODESTO IRRIGATION DISTRICT
By:

Name:

Title:

Date:

CITY OF PALO ALTO
By:

Name:

Title:

Date:

CITY OF REDDING
By:

Name:

Title:

Date:

7 CITY OF ROSEVILLE
By:

Name:

Title:

Date:

SACRAMENTO MUNICIPAL UTILITY

DISTRICT
By:

Name:

Title:

Date:

CITY OF SANTA CLARA
By:

Name:

Title:

Date:

TURLOCK IRRIGATION DISTRICT
By:

Name:

Title:

Date:

8 CITY OF UKIAH
By:

Name:

Title:

Date:

PLUMAS-SIERRA RURAL ELECTRIC

COOPERATIVE
By:

Name:

Title:

Date:

TRANSMISSION AGENCY OF NORTHERN

CALIFORNIA
By:

Name:

Title:

Date:

Attachment 3
RESOLUTION NO.

RESOLUTION OF THE CITY OF UKIAH APPROVING AMENDMENT NO. 1 TO PROJECT AGREEMENT NO. 3 BETWEEN AND AMONG THE TRANSMISSION AGENCY OF

NORTHERN CALIFORNIA AND ITS MEMBERS
WHEREAS, the Transmission Agency of Northern California (TANC) Project Agreement No. 3 for the California-Oregon Transmission Project (Project Agreement No. 3) authorizes TANC to act on behalf of its Members, the Cities of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Santa Clara, and Ukiah, the Sacramento Municipal Utility District, the Modesto Irrigation District, the Turlock Irrigation District, and the Plumas-Sierra Rural Electric Cooperative (Members) in activities related to the development and operations of the CaliforniaOregon Transmission Project, which consists of electric transmission facilities between California and the Pacific Northwest (Project), acting as Project Manager on behalf of the Members; and
WHEREAS, TANC and its Members now propose to adopt Amendment No. 1 to Project Agreement No. 3 (Amendment No. 1) to modify certain provisions of the Project Agreement No. 3 to ensure the agreement is consistent with current business practices; and WHEREAS, Amendment No. 1 (i) will clarify that changes to Transfer Capability may be made without formally amending Project Agreement No. 3 to ensure efficient and timely updates to Project entitlement shares, (ii) includes minor and non-substantive administrative updates, and (iii) updates and adds certain appendices to clarify project entitlements; and WHEREAS, costs associated with the development and approval of Amendment No. 1 will be allocated to Members in accordance with approved cost allocation methodologies as described in the TANC annual budget.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah adopts and approves Amendment No. 1 to Project Agreement No. 3 and authorizing the City Manager or their designee to execute said agreement by and among the TANC and its Members, on behalf of the City of Ukiah, including any non-substantive modifications to Amendment No. 1 approved by the City’s General Counsel.

PASSED, ADOPTED and APPROVED at a regular meeting of the City Council this 1st day of July, 2026, by the following vote on roll call:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________
Susan Sher, Mayor
ATTEST:
____________________________
Araceli Sandoval, Deputy City Clerk

Agenda Item No: 8.d.

MEETING DATE/TIME: 7/1/2026

ITEM NO: 2026-1163

AGENDA SUMMARY REPORT
SUBJECT: Adopt Resolution Approving Revised Thresholds to the Support Services Program Agreement with Northern California Power Agency; and Confirm the Appointment of the City Attorney, City Manager, and the Electric Utility Director as Designated Representatives Under the SSPA, Authorize Them, Together, to Execute Service Confirmations for Amounts Not to Exceed $60,000 per Confirmation or Such Greater Amount as May Be Authorized by City Council Action or Applicable City Ordinance.

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

1. CC Reso 2022-05 - Approving Support Services Program with NCPA

2. NCPA Support_Services_Program_Agreement

3. 2026 Resolution NCPA-Ukiah SSPA
Summary: Council will consider adopting a resolution revising the thresholds to the Support Services Program Agreement (SSPA) between Northern California Power Agency (NCPA) and the City of Ukiah (City) to align with the City's current purchasing guidelines and confirm the appointment of the City Attorney, City Manager, and the Electric Utility Director as Designated Representatives under the SSPA, authorize them, together, to execute service confirmations for amounts not to exceed $60,000 per confirmation or such greater amount as may be authorized by City Council action or applicable City ordinance.

Background: On January 19, 2022, Council adopted Resolution 22-05 (Attachment 1), approving the SSPA (Attachment 2) between NCPA and the City, allowing the City to utilize various support services through contracts executed by NCPA, up to $20,000 per confirmation, or greater, if approved by Council. Services offered through the SSPA include engineering services, transmission and distribution planning, power marketing and analysis, employee training, customer service and billing, metering and data management, power plant operations, and other professional services related to the operation of a publicly owned electric utility, all within the scope of NCPA Joint Powers Agreement.

Resolution 22-05 also appointed the City Attorney, City Manager, and the Electric Utility Director as Designated Representatives under the SSPA and authorized them, together, to execute service confirmations for amounts not to exceed $20,000.

Discussion: Under the SSPA, Designated Representatives are responsible for committing to individual service offerings on behalf of the member organization and such Designated Representatives are delegated authority by their governing board or City Council to bind the City/member to contractually receive and pay for such elected services. Increasing the thresholds to align with the City Council Reporting and Awarding Dollar Thresholds, per Ukiah Municipal Code Section 1522, provides more opportunity to utilize the program. Staff will verify that the associated NCPA Multi-Task service agreement meets the City's insurance and indemnification requirements, prior to signing any confirmation.

Staff recommends Council adopt a Resolution (Attachment 3) revising the thresholds to the Support Services Program Agreement with Northern California Power Agency.

Recommended Action: Adopt a resolution revising thresholds to the Support Services Program Agreement (SSPA) between the Northern California Power Agency and the City of Ukiah; confirm the appointment of the City Attorney, City Manager, and the Electric Utility Director as Designated Representatives under the SSPA, authorize them, together, to execute service confirmations for amounts not to exceed $60,000 per confirmation or such greater amount as may be authorized by City Council action or applicable City ordinance.

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.:

COORDINATED WITH: Mary Horger, Assistant Finance Director STRATEGIC PLAN (SP): N/A
GENERAL PLAN ELEMENTS (GP): GP-A4 - Public Facilities, Services, and Infrastructure Element.

Attachment 1

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NORTHERN CALIFORNIA POWER AGENCY

SUPPORT SERVICES PROGRAM

AGREEMENT
Attachment 2

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(3) Support Services does not include services provided by NCPA pursuant to third phase agreements relating to generation projects or other project agreements previously or subsequently entered into by NCPA and certain of its Members. (4) Support Services does not include any on-going services which are to be provided by NCPA to its Members through program agreements. For example, Support Services does not include any legislative and regulatory services provided through the Legislative and Regulatory Affairs Program Agreement.

D. The Signatory Members desire that NCPA negotiate and enter into agreements with third parties to provide the Support Services for the benefit of Participating Members. This Agreement does not authorize NCPA to directly provide Support Services utilizing NCPA’s own staff, except in limited circumstances. Such direct provision of Support Services may be provided to one or more Members through either a Single Member Service Agreement or a Professional Services/Operating Agreement as deemed appropriate by NCPA.

E. Each Support Service will be offered by NCPA to all the Signatory Members. Those Signatory Members wishing to accept the offer with respect to a particular Support Service will execute a written confirmation for that Support Service (a “Confirmation”) and thereby become a Participating Member with respect to such Support Service. The Participating Members executing a particular Confirmation will pay NCPA the cost of providing the Support Services offered by such Confirmation as detailed in the Confirmation including the cost of developing the Confirmation; Signatory Members not executing a particular Confirmation will have no obligation with respect to the Support Services provided pursuant to that Confirmation.

F. Each Signatory Member, in executing this Agreement, will provide the identity of the Designated Representatives authorized to execute Confirmations on its behalf, and agrees that, subject to such not to exceed dollar limitations as are set forth in its signature page to this Agreement (as such limitations may be amended), any Confirmations executed by such Designated Representatives are binding upon the Signatory Member without further approval by the Signatory Member’s Governing Board.

G. NCPA desires to provide, and the Signatory Members desire to secure, Support Services under this Agreement in a manner that balances their operational and economic interests and the interests of other NCPA Members with the ongoing financial viability and professional responsibilities of NCPA. Accordingly, Signatory Members desire to secure Support Services under this Agreement by accepting a limited insurance based recourse against NCPA, with the option of procuring additional insurance at Signatory Members’ sole expense, thereby ensuring that NCPA will substantially limit its risk for the provision of such Support Services which, in turn, allocates risks back to the Signatory Members in the event NCPA is not adequately insured.

NOW, THEREFORE, the Parties agree as follows:

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Section 1. Definitions and Interpretation.

1.1 Definitions. Whenever used in this Agreement (including in the preamble and recitals hereto), the following terms shall have the means ascribed to them in this section:
“Agreement” means this NCPA Support Services Program Agreement, including all exhibits or schedules attached hereto, as the same may be amended from time to time in accordance with the terms and conditions hereof.
“All Resources Bill” means the single, combined monthly invoice from NCPA to a Participating Member with respect to all NCPA programs and projects. “Annual Budget” means the budget for the Fiscal Year adopted by the Commission, as it may be amended from time to time.
“Associate Member” means the Plumas-Sierra Rural Electric Cooperative, an associate member of NCPA.
“Business Day” means any day except a Saturday, Sunday or a Federal Reserve Bank holiday. A Business Day shall open at 8:00 a.m. and close at 5:00 p.m., Pacific Time. “Commission” means the NCPA Commission.
“Confirmation” has the meaning set forth in the recitals hereto. “Costs” means both (i) the cost billed to NCPA by a third party provider of Support Services, plus (ii) the direct or indirect costs incurred by NCPA in obtaining such Support Services from the third party provider, including development of the Confirmation, administration of any agreements with the third party provider and any over-head costs incurred. Overhead costs shall be determined by NCPA on a Confirmation –by- Confirmation basis. “Costs” shall also include any NCPA direct or indirect costs, including salary, incurred in those limited instances where NCPA directly provides the Support Services under a Confirmation.
“Constitutive Documents” means, with respect to NCPA, the Joint Powers Agreement and any resolutions or bylaws adopted thereunder, and with respect to each Signatory Member, the California Government Code and other statutory provisions applicable to such Signatory Member and any applicable agreements, charters, contracts, or other documents concerning the formation, operation or decision making of such Signatory Member, including, if applicable, its City Charter, and any codes, ordinances, bylaws, and resolutions adopted by such Signatory Member’s Governing Body. “Defaulting Party” has the meaning set forth in Section 12.1.

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“Designated Representatives” means, with respect to NCPA, both its General Manager, and its General Counsel, acting jointly, and with respect to each Signatory Member means both its Utility Director (or an employee or official other than the Utility Director designated by resolution of the Signatory Member’s Governing Board) and its City Attorney or General Counsel, acting jointly.
“Effective Date” has the meaning set forth in the preamble hereof. “Electric System” means, with respect to each Signatory Member except the San Francisco Bay Area Rapid Transit District (“BART”), all properties and assets, real and personal, tangible and intangible, of the Signatory Member now or hereafter existing, used or pertaining to the generation for resale, transmission, transformation, distribution or sale of electric capacity and energy, or the utilization of such, including all additions, extensions, expansions, improvements and betterments thereto and equipment thereof; provided, however, that to the extent the Signatory Member is not the sole owner of an asset or property or to the extent that an asset or property is used in part for the above described purposes, only the Signatory Member’s ownership interest in such asset or property or only the part of the asset or property used for electric purposes shall be considered to be part of its Electric System. “Electric System” means, with respect to BART, all properties and assets, real and personal, tangible and intangible, of BART now or hereafter existing, used or pertaining to the operation or maintenance of its transportation system, including all additions, extensions, expansions, improvements and betterments thereto and equipment thereof; provided, however, that to the extent BART is not the sole owner of an asset or property or to the extent that an asset or property is used in part for the above described purposes, only BART’s ownership interest in such asset or property or only the part of the asset or property used for transportation system purposes shall be considered to be part of its Electric System. “Event of Default” shall have the meaning provided in Section 12.1. “Fiscal Year” means the NCPA fiscal year; currently the twelve month period beginning July 1 and ending on the next-following June 30.
“General Manager” means the General Manager of NCPA.
"Good Utility Practice" means any of the practices, methods and acts engaged in or approved by a significant portion of the electric utility industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result of the lowest reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts generally accepted in the region and consistently adhered to by the electric utility industry.

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“Governing Board” means with respect to NCPA its Commission, and with respect to each Signatory Member means its city council, board of directors, board of port commissioners, or other duly constituted legislative body having approval authority for contracting and purchasing under the terms of the Constitutive Documents of the Signatory Member.
“Joint Powers Agreement” or “JPA” means that certain Amended and Restated Northern California Power Agency Joint Power Agreement dated as of January 1, 2008, as the same may be amended from time to time.
“Member” means any member of NCPA or any Associate Member of NCPA. “NCPA” has the meaning set forth in the preamble of this Agreement. “NCPA Procurement Policies” means those policies for the procurement of goods and services adopted by the Commission, as the same may be amended from time to time. “NERC” means the North American Electric Reliability Corporation, or its successor in interest as the national electric reliability organization designated by the Federal Energy Regulatory Commission.
“Participating Member” has the meaning set forth in the recitals of this Agreement. “Party” or “Parties” has the meaning set forth in the preamble of this Agreement. “Revenues” means, with respect to each Signatory Member with the exception of the San Francisco Bay Area Rapid Transit District (“BART”), all income, rents, rates, fees, charges, and other moneys derived by the Signatory Member from the ownership or operation of its Electric System, including, without limiting the generality of the foregoing: (a) all income, rents, rates, fees, charges or other moneys derived from the sale, furnishing and supplying of electric capacity and energy and other services, facilities, and commodities sold, furnished, or supplied through the facilities of its Electric System; (b) the earnings on and income derived from the investment of such income, rents, rates, fees, charges or other moneys to the extent that the use of such earnings and income is limited by or pursuant to law to its Electric System; and (c) the proceeds derived by the Signatory Member directly or indirectly from the sale, lease or other disposition of all or a part of the Electric System, but the term Revenues shall not include (i) customers’ deposits or any other deposits subject to refund until such deposits have become the property of the Signatory Member, or (ii) contributions from customers for the payment of costs of construction of facilities to serve them. In regard to BART, “Revenues” means all income, rents, rates, fees, charges, grants, fares or tariffs, subventions and other moneys derived by the BART from its operation including, without limiting the generality of the foregoing, (i) the earnings on and income derived from the investment of such income, rents, rates, fees, charges grants, fares or tariffs, subventions or other moneys, and (ii) the proceeds derived by the BART directly or indirectly from the sale,

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lease or other disposition of all or a part of its assets, but the term Revenues shall not include any moneys derived from sources the use of which is limited by law to expenditures other than BART operating expenses.
“Security Account” means an account established by NCPA and funded by Participating Members in accordance with Section 7.2, the funds of which are available for use by NCPA with respect to a particular Confirmation in accordance with the terms and conditions herein and those of the particular Confirmation. “Signatory Member” has the meaning set forth in the preamble hereto. “Support Services” has the meaning set forth in the recitals of this Agreement . “Uncontrollable Force” means any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm, flood, earthquake, explosion, any curtailment, order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities or any other cause beyond the reasonable control of the Party claiming Uncontrollable Force which could not be avoided through the exercise of Good Utility Practice.
“Utility Director” means, with respect to each Signatory Member with the exception of the San Francisco Bay Area Rapid Transit District (“BART”), the person having administrative charge of and responsibility for the operation and maintenance of the Electric System of a Signatory Member. In regards to BART, “Utility Director” means the person having administrative charge of and responsibility for the procurement of electrical energy for the operation of the BART transportation system.

1.2 Interpretation of Agreement. As used in this Agreement (including the preamble and recitals hereto), unless in any such case the context requires otherwise:

1.2.1 The terms “herein,” “hereto,” “herewith” and “hereof” are references to this Agreement taken as a whole and not to any particular provision; the term “include,” “includes” or “including” shall mean “including, for example and without limitation;” and references to a “Section,” “subsection,” “clause,” or “Exhibit” shall mean a Section, subsection, clause or Exhibit of this Agreement, as the case may be.

1.2.2 All references to a given agreement, instrument or other document shall be a reference to that agreement, instrument or other document as modified, amended, supplemented and restated through the date as of which such reference is made, and reference to a law, regulation or ordinance includes any amendment or modification thereof.

1.2.3 A reference to a “person” includes any individual, partnership, firm, company, corporation, joint venture, trust, association, government, organization or other entity, in each case whether or not having a separate legal personality and includes its successors and permitted assigns.

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1.2.4 The singular shall include the plural and the masculine shall include the feminine, and vice versa.

1.2.5 All references to a “day” shall refer to a calendar day, unless specified as a Business Day.

Section 2. Effectiveness of Agreement; Signature Authority .

2.1 Effective Date as to Signatory Member. Following the approval of this Agreement by the Commission, any Member may become a Signatory Member by providing an executed counterpart of this Agreement to NCPA. This Agreement shall become effective as to a given Signatory Member upon the later of the Effective Date and the date on which an executed copy of this Agreement is provided to NCPA. NCPA shall provide a copy of each executed signature page of a Signatory Member to all other Signatory Members.

2.2 Form of Signature Page; Amendment of Designated Representatives and Not to Exceed Dollar Authority. Each Signatory Member signature page shall be in the form attached hereto as Exhibit “A.” Each signature page shall identify the initial Designated Representatives of the Signatory Member and the monetary not to exceed authority for any individual Confirmations for that Signatory Member.

2.2.1 Any Signatory Member may amend its not to exceed authority at any time (either increasing or decreasing such authorities), by providing thirty (30) days written notice of such change to NCPA accompanied by a resolution of the Governing Board of the Signatory Member approving such change in the not to exceed authorities.

2..2.2 Signatory Members shall provide written notice to NCPA upon a change in the identity of either of its Designated Representatives.

Section 3. Support Services Procurement.

3.1 Offers to Procure Support Services. NCPA may, from time to time in its sole discretion, offer to procure one or more Support Services for the Signatory Members. Signatory Members desiring to accept such offer with respect to a particular Support Service shall execute a Confirmation prepared by NCPA for that Support Service and thereby become a Participating Member with respect to such Confirmation and Support Service. Confirmations shall be in substantially the form attached hereto as Exhibit “B,” and as provided in Section 5. Each such Confirmation shall indicate that the particular Support Service will be accomplished by NCPA contracting with a named third party to provide the Support Service, which contract shall thereafter be entered into by NCPA in accordance with the NCPA Procurement Policies.

NCPA’s Designated Representatives shall have the authority to execute Confirmations without the further approval of the Commission where the underlying contract with a third party is within the contracting authority of the General Manager as established by the NCPA Procurement Policies. Provided, however, that NCPA may in its sole discretion choose to selfPage 230 of 425 9 ES-AGY-2016-001
provide the Support Services, rather than contracting with a third party, where it is providing training, human resources assistance, assistance with NERC or other regulatory compliance, or assistance in the form of student interns to the Signatory Members.

3.2 NCPA Procurement of Support Services. NCPA agrees, upon receipt of a Confirmation executed by the Designated Representatives of one (1) or more Participating Members, to procure the Support Service specified in such Confirmation on behalf of the Participating Member(s). Provided, however, that NCPA may in its discretion decline to provide Support Services unless the number of Participating Members and the extent of participation is acceptable to NCPA.

3.3 NCPA Payment of Costs. NCPA shall pay all Costs incurred in providing Support Services under a particular Confirmation using funds: (a) received from Participating Members during the normal course of monthly billing of Members, with the Costs of each Confirmation itemized on the NCPA All Resources Bill; or (b) as necessary from Security Account funds for that Confirmation, if any, paid to NCPA in accordance with Section 7.2; or (c) such other sources and methods as may be agreed upon in writing by the Parties from time to time or as specified in a particular Confirmation.

Section 4. No Purchase of Energy or Natural Gas; Other Exclusions. Support Services do not include the purchase of natural gas, energy, or any attributes of energy including capacity, reliability or environmental attributes (such as credits, benefits, emissions reductions, offsets, and allowances, however titled). This Agreement and associated Confirmations shall not be utilized for the procurement of natural gas, energy, or any attributes of energy. NCPA shall continue to buy and sell natural gas and energy, or its attributes, on behalf of its Members through other existing agreements, including the Gas Purchase Program Agreement, the Market Purchase Program Agreement, Single Member Service Agreements and the Pooling Agreement.

Support Services do not include those items referred to in Recital C.

Section 5. Format of Confirmations; Dollar Not to Exceed Limitations; Amendments.

5.1 Format of Confirmations. Confirmations shall generally be in substantially the form provided by Exhibit “B. Confirmations shall define the scope of the particular Support Service to be provided, the means by which NCPA will procure such Support Service, and any other terms on which such Support Services shall be provided, to the extent such terms are not defined by this Agreement.

5.1. The Confirmation shall identify the third party who will provide the Support Services and incorporate by reference the agreement between the third party and NCPA.

5.1.2 Confirmations shall not amend the terms of this Agreement. In the event NCPA and the Participating Members desire to include a provision in a Confirmation inconsistent with this Agreement, such Confirmation shall be effective only if approved by the Governing Boards of all Participating Members and the Commission.

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5.2 Dollar Not to Exceed Limitations of Confirmations. Each Confirmation shall include a “not to exceed” amount or dollar limitation, broken down by Participating Member, indicating the maximum amount that each Participating Member shall be required to pay for the Support Services provided under the Confirmation. The “not to exceed” shall not relieve a Participating Member of its obligations under this Agreement, including Sections 7 and 11 hereof.

5.2.1 Except as provided in sections 7.4 (relating to use of Security Accounts) and 7.5 (relating to emergency additions to Security Accounts), no Participating Member shall be required to pay for Costs incurred in excess of its stated limitation on a given Confirmation, unless agreed to by the Participating Members.

5.2.2 Any Participating Member may amend its “not to exceed” amount or dollar limitation for a given Confirmation by providing written notice of the change to NCPA executed by its Designated Representatives.

5.3 Amendment of Confirmations. A Confirmation may be amended with respect to all Participating Members only in writing executed by the signatures of the Designated Representatives of NCPA and the Participating Members. Amendments relating to the “not to exceed” amount or dollar limitation of one or more Participating Members shall be accomplished as provided in subsection 5.2.2.

Section 6. Participating Member Authority to Execute Confirmations. Each Participating Member acknowledges and agrees to be bound by their respective Designated Representatives’ execution of Confirmations without further approval by the Governing Board of the Participating Member or other approvals, and agrees that such execution is in accordance with its Constitutive Documents.

Section 7. Payment Obligations; Confirmation Security Account; Invoicing.

7.1 Payment Obligations. Each Signatory Member agrees to pay NCPA each month its share of Costs specific to each Confirmation for which the Signatory Member is a Participating Member.

Such amounts shall be included by NCPA on the monthly All Resources Bill for each Signatory Member, except to the extent that a given Confirmation provides for a different invoicing mechanism and NCPA agrees thereto.

7.2 Confirmation Security Accounts.

7.2.1 Upon issuance of any Confirmation, NCPA shall determine whether or not a Participating Member deposit to a Security Account for that Confirmation will be required in order to provide the Support Service in question. If so, the amount of the required Security Account deposit shall be

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noted on the Confirmation and the Participating Member or Members shall make the required deposits prior to provision of any Support Services pursuant to that Confirmation. Within ten days of NCPA’s notice of the amount of the Security Account deposit, the affected Participating Member shall have the option of withdrawing its Confirmation and not receiving the Support Service requested therein.

7.2.2 Periodically, and at least quarterly, NCPA shall review and revise its determination of the security necessary for a particular Confirmation and whether each Participating Member has a sufficient balance in the Security Account for that Confirmation.

To the extent that any Participating Member’s balance in the Security Account for the Confirmation is greater than one hundred and ten percent (110%) of the amount required, NCPA shall credit the difference between the balance and the amount required as soon as practicable to the Participating Member’s next following All Resource Bill. To the extent that any Participating Member’s balance in the Security Account for the Confirmation is less than ninety percent (90%) of the amount required, NCPA shall add the difference between the balance and the ninety percent (90%) as soon as practicable to the Participating Member’s next following All Resource Bill, or as necessary, to a special invoice to the Participating Member.

7.3 Security Account in Addition to Other Security Accounts. Any required deposits into a Security Account for a Confirmation pursuant to this Agreement shall be separate from, and in addition to, any security accounts maintained pursuant to other agreements between NCPA and its Members, including but not limited to the Market Purchase Program Agreement, Single Member Services Agreement and the Gas Purchase Program Agreement. Each Security Account for a Confirmation shall be separate from, and in addition to, any Security Account for a different Confirmation.

7.4 Use of Security Account Funds. Security Account funds shall be segregated by Confirmation. NCPA may use any and all funds deposited into the Security Account for a particular Confirmation to pay any Costs it incurs in providing Support Services pursuant to that Confirmation, including making payments to counterparties under any agreement, or for termination payments, requests for assurances by third parties, credit support, payment of claims and related expenses under a Confirmation. Such use shall be without regard to any individual Participating Member’s balance in the Security Account or its proportionate share of Confirmation Costs and irrespective of whether NCPA has issued an All Resources Bill or invoice for such Costs to the Participating Members or whether a Participating Member has made timely payments of All Resources Bills or invoices.

If funds deposited into the Security Account are used by NCPA to pay any Costs it incurs with respect to a particular Confirmation, NCPA will maintain a detailed accounting of each Participating Member’s shares of funds withdrawn from the Security Account or letter of credit, and upon the collection of all or a part of such withdrawn funds from the applicable Participating Member or Members, NCPA will credit back to each Participating Member the

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funds collected in proportion to such non-defaulting Participating Member’s share of funds withdrawn from the Security Account.

Funds deposited into a Security Account for a particular Confirmation shall not be used to pay the Costs incurred pursuant to a different Confirmation, nor shall any funds in other security accounts maintained by NCPA and not established pursuant to this Agreement be used.

7.5. Emergency Additions. In the event that the funds are withdrawn pursuant to Section 7.4 of this Agreement, or if the Security Account for a particular Confirmation is insufficient to allow payment of an invoice, demand, request for further assurances or claims by third parties with respect to a particular Confirmation, NCPA shall notify all Participating Members for that Confirmation and then prepare and send a special or emergency assessment to the Participating Members. Each Participating Member shall pay to NCPA such assessment when and if assessed by NCPA within ten (10) days of the invoice date of the assessment.

NCPA shall maintain a detailed accounting of each Participating Member’s deposits into and shares of withdrawals from the Security Account for the particular Confirmation.

7.6 Interest on Security Accounts. Monies on deposit in the Security Accounts created pursuant to this Agreement shall be invested by NCPA in accordance with the investment policy adopted by the NCPA Commission. Interest earned (or losses sustained) on the Security Accounts shall be proportionately credited to the Participating Members in accordance with each Participating Member’s Security Account obligations.

7.7 Return of Funds in Security Accounts. Upon the completion of the provision of Support Services under a particular Confirmation, or upon a permitted withdrawal of a Participating Member from a Confirmation, NCPA shall return the share of affected Security Account funds within ninety (90) days. Provided, however, that NCPA shall, in its sole discretion, as determined by the General Manager, estimate the then outstanding liabilities of the Participating Members including any estimated contingent liabilities and shall retain all such funds until all such liabilities have been fully paid or otherwise satisfied in full.

Section 8. Invoicing.

8.1 Invoices. As part of the All Resources Bill or by separate special invoice, as required in the circumstances, NCPA will issue an invoice to each Signatory Member for the fixed Support Services Program Agreement Costs as provided in Section 7.1 and its proportionate share of the Costs of any Confirmation as to which it is a Participating Member.

8.2 Payment of Invoices. All non-emergency invoices delivered by NCPA in the normal course of billing hereunder (including the All Resources Bill) are due and payable on the date indicated on such invoice, but in any event no later than thirty (30) days following receipt thereof; provided, however, that any amount due on a day other than a Business Day may be paid on the following Business Day. NCPA may apply a Participating Member’s share of an applicable Security Account to the payment of all or any portion of an invoice issued to such Participating Member , provided that application of such funds from a Security Account relating

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to a particular Confirmation shall not relieve the Participating Member from any late payment charges pursuant to Section 8.3. To the extent that NCPA applies funds from the Security Account to pay an amount due under an invoice, following receipt of payment of such invoice by the relevant Participating Member, NCPA shall deposit the relevant portion of the payment into the Security Account and credit such deposit to such Participating Member. Emergency invoices shall be due as indicated in Section 7.5.

8.3 Late Payments. Any amount due and not timely paid by a Signatory Member shall bear interest computed on a daily basis until paid at the lesser of (i) the per annum prime rate (or reference rate) of the Bank of America NT&SA then in effect, plus two percent (2%), or (ii) the maximum rate permitted by law.

Section 9. Settlement Data and Examination of Books and Records; Signatory Member Covenants.

9.1 Settlement Data. NCPA will make settlement data available to the Participating Members. Procedures and formats for the provision of such data will be as established by the NCPA Commission from time to time.

9.2 Records.

9.2.1 NCPA Books and Records. NCPA shall maintain any and all ledgers, books of account, invoices, vouchers, cancelled checks and other records or documents evidencing or relating to charges for the Support Services or expenditures or disbursements to the Signatory Members for a minimum of three (3) years, or for any longer period required by law, from the date of their payment.

9.2.2 Examination of Books and Records. Any Signatory Member shall have the right to examine the books and records created and maintained by NCPA pursuant to this Agreement, including but not limited to (a) those required to be kept by Section 9.2.1 and (b) those required by NCPA to be kept by any third party provider of Support Services, at any reasonable, mutually agreed upon time.

9.2.3 Ownership of Records. Except as otherwise provided in a particular Confirmation, all reports, reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that NCPA prepares or obtains for a Participating Member pursuant to a Confirmation and that relate to the matters covered hereunder shall be the property of the Participating Member. NCPA hereby agrees to deliver those documents to the Participating Member upon termination of the Confirmation to which they refer. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the Participating Member and are not necessarily suitable for any future or other use. Participating Member and NCPA agree that, until final approval by Participating Member, all data, plans, specifications, reports and other documents are confidential and will not be released to third

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parties without prior written consent of the parties to a Confirmation, except as may otherwise be required by applicable law.

9.3 Signatory Member Covenants. Each Signatory Member covenants and agrees: (i) to continue to pay or advance to NCPA, from its Revenues all payments required under this Agreement; (ii) to make payments to NCPA under this Agreement where NCPA has incurred Costs or is obligated to pay a third party with respect to a Confirmation whether or not there is an interruption in, interference with, or reduction or suspension of Support Services provided under this Agreement, such payments not being subject to any reduction, whether by offset or otherwise, and regardless of whether any dispute exists provided such interruption, interference or reduction in Support Services is caused by forces constituting an Act of God and not reasonably contemplated by the Parties; and (iii) to operate its Electric System and the business in connection therewith in an efficient manner and at reasonable cost and to maintain its Electric System in good repair, working order, and condition.

Section 10. Administration of Agreement.

10.1 General. The NCPA Commission has sole overall responsibility and authority for the administration of this Agreement. Any acts, decisions or approvals taken, made or sought by NCPA under this Agreement shall be taken, made or sought, as applicable, in accordance with NCPA’s Constitutive Documents.

10.2 Withdrawal of Signatory Member. A Signatory Member may voluntarily withdraw from this Agreement at any time by providing two (2) year’s advance written notice to NCPA and the other Signatory Members. A withdrawing Signatory Member shall reimburse NCPA for any and all Costs resulting from the withdrawal including the legal, accounting and administrative costs of winding up and assuring the complete satisfaction and discharge of the withdrawing Signatory Member’s obligations. A withdrawing Signatory Member will continue to be liable for any Costs or on-going obligations relating to a Confirmation as to which that withdrawing Signatory Member is a Participating Member, and withdrawal from any given Confirmation shall be permitted only in accordance with the terms of the particular Confirmation. A withdrawing Signatory Member shall not be liable for Costs under a Confirmation, subsequent to the effective date of the Signatory Member’s withdrawal and if unrelated to Support Services provided under the Confirmation to that withdrawing Signatory Member.

10.3 Termination of Agreement by NCPA. NCPA may terminate this Agreement at any time upon six (6) month’s written notice to the Signatory Members. Any such termination shall not affect any on-going obligations of NCPA relating to Confirmations then in effect, provided that no additional Confirmations shall be offered to the Signatory Members by NCPA after the six month notice of termination has been provided to them by NCPA.

10.4 Termination by Signatory Members. Upon the occurrence of an Event of Default where NCPA is the Defaulting Party, and following the applicable cure periods, one or more Signatory Members may, without limiting their other rights or remedies available under this

15 ES-AGY-2016-001
Agreement, at law or in equity, and without constituting or resulting in a waiver, release or estoppel of any right, action or cause of action the Signatory Members may have against NCPA, terminate this Agreement in whole, subject to the provisions of Section 12.6.4. Termination by one Signatory Member shall not affect the validity of the Agreement as to other Signatory Members.

Section 11. Insurance, Defense and Indemnity Obligations

11.1 Limitation of NCPA Liability. Except as otherwise provided in this Section 11, NCPA shall not at any time be liable for any injury or damage occurring to a Participating Member or any other person or property from any cause whatsoever arising out of this Agreement or any Confirmation entered into pursuant to this Agreement.

11.2 Limited Right of Recourse. The provisions of Section 11.1 shall not apply where the injury or damage is to a Participating Member and is caused by the active negligence of NCPA or of any employee, agent or contractor of NCPA, provided, however, that any liability under this subsection is limited to the extent of the actual coverage and coverage limits of the insurance policies described in this Section 11.

11.2.1 Reimbursement of NCPA Deductibles. Notwithstanding Section 11.2 above, the applicable Participating Member agrees to reimburse NCPA, in a timely manner, for all deductibles or and/or self-insured retentions payable by NCPA for any claim, liability, or damage arising out of this Agreement or any Confirmation entered into pursuant to this Agreement.

11.3 Indemnity Obligation of Participating Members. Except as provided in Section

11.2 above, each Participating Member as to the particular Confirmation involved shall, at its sole cost and expense, indemnify and hold harmless NCPA, and its Members, and their respective officers, agents and employees (“Indemnitees”) from and against any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including reasonable attorneys’ fees), which may be imposed upon, incurred by or be asserted against the Indemnitees arising out of this Agreement or any Confirmation entered into pursuant to this Agreement.

11.4 Defense Obligation of Participating Members. In the event any action or proceeding shall be brought against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, the Participating Members as to the Confirmation involved shall, upon reasonable prior written notice from any of the Indemnitees, at Participating Member’s sole cost and expense, resist and defend the same with legal counsel mutually selected by Indemnitee and the Participating Member or Members, unless mutual selection of counsel is expressly prohibited by an applicable insurance policy; provided however, that neither Indemnitee nor Participating Member shall admit liability in any such matter or on behalf of the other without express written consent, which consent shall not be unreasonably withheld or delayed, nor enter into any compromise or settlement of any claim for which Indemnitees are indemnified hereunder without prior express written consent. The Participating

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Member’s duty to defend shall begin upon receipt of a written notice identifying with specificity the allegations that give rise to this duty to defend.

11.5. Notice of Claims Required. The Parties shall give each other prompt written notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section 11.

11.6 NCPA Obligation to Maintain Insurance. During the term of the Agreement and prior to providing Support Services under any Confirmation issued pursuant to this Agreement, NCPA shall maintain, or cause to be maintained, in full force and effect, and at its sole cost and expense, the types and limits of insurance as are annually approved by the governing Commission of NCPA.

11.7 Participating Member Insurance. The Signatory Members acknowledge that there are significant limits on NCPA’s liability under the this section 11 and that upon becoming a Participating Member as to one or more Confirmations, the Participating Member may wish to purchase additional insurance of its own to cover the additional risks and the potential additional liabilities it is assuming under this Agreement and Confirmations entered into pursuant to this Agreement. Each Participating Member will, with respect to any additional insurance it obtains or which is otherwise available to it, cause its insurers to issue an endorsement providing a waiver of subrogation rights as to the Indemnitees.

11.8 Survival of Obligations. The defense and indemnity obligations of this Section 11 shall survive the termination of this Agreement.

Section 12. Default and Remedies.

12.1 Events of Default. An Event of Default under this Agreement shall exist upon the occurrence of any one or more of the following by a Party in default of its obligations hereunder (“Defaulting Party”):
(i) if any Signatory Member or Participating Member fails to make any payment due hereunder or to provide assurances as required of NCPA under a Confirmation when due hereunder within two (2) Business Days after receipt of notice given by NCPA of such non-payment; or
(ii) the failure of a Signatory Member to perform any other covenant or obligation under this Agreement where such failure is not cured within ten (10) calendar days following receipt of a notice from NCPA demanding cure (provided that this shall not apply to any failure to make payments (which is covered by Section 12.1 (i) ); or (iii) if any representation or warranty of a Signatory Member material to the transactions contemplated hereby shall prove to have been incorrect in any material respect when made and the Signatory Member does not cure the facts underlying such incorrect representation or warranty so that the representation or warranty becomes true and

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correct within ten (10) calendar days of the date of receipt of notice from any other Party demanding cure; or
(iv) if a Signatory Member is in default or in breach of any of its covenants under any other agreement with NCPA and such default or breach is not cured within the time periods specified in such agreement; or
(v) the failure of NCPA to perform any covenant or obligation under this Agreement following a ten (10) calendar day notice to cure by any non-defaulting Signatory Member.

12.2 Cure of an Event of Default. An Event of Default shall be deemed cured only if such default shall be remedied within the time period specified in Section 12.1 above, as may be applicable, after written notice has been sent to the Defaulting Party from NCPA or a nondefaulting Signatory Member specifying the default and demanding that the same be remedied; provided, however, that the failure of a Party to provide such notice shall not be deemed a waiver of such default.

12.3 Participation Rights Of Defaulting Signatory Member. Notwithstanding anything herein to the contrary, upon the occurrence of an Event of Default and until such Event of Default is cured, the Signatory Member that is the Defaulting Party shall not have the right to participate under any additional Confirmations.

12.4 Remedies in the Event of Default.

12.4.1 Remedies of NCPA. Upon the occurrence of an Event of Default where a Signatory Member is the Defaulting Party, without limiting its other rights or remedies available under this Agreement, at law or in equity, and without constituting or resulting in a waiver, release or estoppel of any right, action or cause of action NCPA may have against the Defaulting Party Participant, NCPA may: (i) suspend the provision of Support Services under this Agreement or any Confirmation issued pursuant to this Agreement to such Defaulting Party until the Event of Default is cured; (ii) demand that the Defaulting Party provide further assurances to compel the correction of the default, including the collection of a surcharge, or such other actions as may be necessary to produce Revenues to secure the cure of the Event of Default; and (iii) terminate this Agreement or any Confirmation as to the Defaulting Party, following the expiration of any applicable cure period pursuant to section 12.1, on ten (10) calendar days’ prior written notice to the Defaulting Party.

12.4.2 Remedies of Signatory Members. Upon the occurrence of an Event of Default where NCPA is the Defaulting Party, and following the applicable cure periods pursuant to section 12.1, one or more Signatory Members may, without limiting their other rights or remedies available under this Agreement, at law or in equity, and without constituting or resulting in a waiver, release or estoppel of any right, action or cause of action they may have against NCPA, terminate this Agreement as to themselves and without affecting the validity of the Agreement as to other Signatory Members, subject to the provisions of Section 12.6.4.

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12.5 Special Covenants Regarding Security Accounts. In the event that a Participating Member’s balance in a required Security Account is insufficient to cover all invoices for Costs incurred under this Agreement sent to such Participating Member, then, without limiting NCPA’s other rights or remedies available under this Agreement, at law or in equity, such Participating Member shall cooperate in good faith with NCPA and shall cure the deficit as rapidly as possible, on an emergency basis, taking all such action as is necessary, including, but not limited to, raising rates and charges to its customers to increase its Revenues to replenish its share of the Security Accounts as provided herein, drawing on its cash-on-hand and lines of credit, obtaining further assurances by way of credit support and letters of credit, and taking all such other action as will cure the default with all due haste.

12.6 Effect of Termination or Suspension.

12.6.1 Generally. The suspension or termination of this Agreement will not terminate, waive, or otherwise discharge any ongoing or undischarged contingent liabilities or obligations arising from this Agreement until such obligations are satisfied in full, and all of the Costs incurred by NCPA in connection with such suspension or termination, including reasonable attorney fees, the fees and expenses of other experts, including auditors and accountants, other costs and expenses that NCPA is entitled to recover under this Agreement, and other reasonable and necessary costs associated with any and all of the remedies, are paid in full.

12.6.2 Suspension by NCPA. If performance of all or any portion of this Agreement is suspended by NCPA with respect to a Signatory Member in accordance with Section 12.4.1(i) such Signatory Member shall pay any and all Costs incurred by NCPA as a result of such suspension including reasonable attorney fees, the fees and expenses of other experts, including auditors and accountants, other reasonable and necessary costs associated with such suspension and any portion of the Costs that were not recovered from such Signatory Member as a result of such suspension.

12.6.3 Termination by NCPA. If this Agreement is terminated by NCPA with respect to a Signatory Member in accordance with Section 12.4.1(iii) such Signatory Member shall pay any and all Costs incurred by NCPA as a result of such termination, including reasonable attorney fees, the fees and expenses of other experts, including auditors and accountants, other reasonable and necessary costs associated with such termination and any portion of the Costs that were not, or will not be, recovered from such Signatory as a result of such termination; provided, however, if NCPA terminates this Agreement with respect to the last remaining Signatory Member, then this Agreement shall terminate.

12.6.4 Termination by Signatory Members. If this Agreement is terminated by all Signatory Members in accordance with Section 10.4 , or by unanimous consent of all of the Parties hereto, then the Signatory Members shall pay to NCPA all previously unpaid Costs incurred as of the date of such termination. The Signatory Members shall indemnify NCPA for any costs incurred in connection with such termination, including reasonable attorney fees, fees

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and expenses of other experts, including auditors and accountants and other reasonable and necessary costs. If the Parties are unable to reach agreement as to the foregoing, then the Parties agree to submit the matter to mediation with a mutually agreed upon mediator. If the Parties are still unable to reach agreement following mediation, then the matter shall be submitted to binding arbitration subject to the rules of the American Arbitration Association, the costs of such arbitration being borne equally among the Signatory Members.

Section 13. Uncontrollable Forces.

13.1 Uncontrollable Force In General. Obligations of the Parties, other than those to pay money when due, shall be excused for so long as and to the extent that failure to perform such obligations is due to an Uncontrollable Force; provided, however, that if a Party is unable to perform due to an Uncontrollable Force, such Party shall exercise due diligence to remove such inability with reasonable dispatch. Nothing contained in this Agreement shall be construed as requiring a Party to settle any strike, lockout, or labor dispute in which it may be involved, or to accept any permit, certificate, contract, or any other service agreement or authorization necessary for the performance of this Agreement or any Confirmations issued pursuant to this Agreement which contains terms and conditions which a Party determines in its good faith judgment are unduly burdensome or otherwise unacceptable.

13.2 Each Party shall notify the others promptly, by telephone to the other Parties’ operating personnel as applicable and to the parties’ Designated Representatives upon becoming aware of any Uncontrollable Force which may adversely affect the performance under this Agreement or any Confirmation entered into pursuant to this Agreement. A Party shall additionally provide written notice to any affected Parties within 24 hours after providing. Each Party shall notify the others promptly, when an Uncontrollable Force has been remedied or no longer exists.

Section 14. Dispute Resolution.

14.1 Informal Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, Signatory Members and NCPA agree to resolve the dispute in accordance with the following:

14.1.1 Each Party shall designate a senior management or executive level representative to negotiate any dispute;

14.1.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

14.1.3 If the issue remains unresolved after thirty (30) days of good faith negotiations, despite having used their best efforts to do so, either Party may pursue arbitration pursuant to Section 14.2.

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14.2 Arbitration. In the event that a dispute is unresolved following the informal dispute resolution process established in Section 14.1, either Party may, within sixty (60) days of the termination of such informal dispute resolution process, initiate binding arbitration to resolve such dispute. Disputes shall be arbitrated pursuant to the Commercial Arbitration and Mediation Rules of the American Arbitration Association. The costs of arbitration shall be equally shared by the Parties, and the Parties shall bear their own attorneys’ fees. The arbitrator shall have no authority to amend this Agreement or any Confirmation.

14.3 Claims. This informal resolution process is not intended to nor shall it be construed to, change the time periods for filing a claim or action specified by Government Code § 900, et seq.

Section 15. Miscellaneous

15.1 Compliance with Applicable Laws. NCPA and any subcontractors shall comply with all laws applicable to the performance or provision of the Support Services hereunder.

15.2 Other Governmental Regulations. To the extent that this Agreement or any Confirmation entered into pursuant to this Agreement may be funded by fiscal assistance from another governmental entity, NCPA and any subcontractors shall comply with all applicable rules and regulations to which Participating Members are bound by the terms of such fiscal assistance program.

15.3 Licenses and Permits. NCPA represents and warrants to Participating Members that NCPA and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that is legally required to practice their respective professions. NCPA represents and warrants to Participating Members that NCPA and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions.

15.4 Independent Contractor. At all times during the term of this Agreement, NCPA shall be an independent contractor and shall not be an employee of any Participating Member.

A Participating Member shall not have the right to control the means by which NCPA accomplishes Support Services rendered pursuant to this Agreement and the Confirmations entered into pursuant to this Agreement. Notwithstanding any other agency, state, local or federal policy, rule, regulation, law, or ordinance to the contrary, NCPA and any of its employees, agents, and subcontractors providing Support Services under this Agreement and the Confirmations entered into pursuant to this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by any Participating Member, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of a Participating Member and entitlement to any contribution to be paid by a Participating Member for employer contributions and/or employee contributions for PERS benefits.

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15.5 Confidentiality. The Parties will keep confidential all confidential or trade secret information made available to them in connection with this Agreement (including all Confirmations entered into pursuant to this Agreement), to the extent possible, consistent with applicable laws, including the California Public Records Act. It shall be the responsibility of the holder of the claim of confidentiality or trade secret to defend at its expense against any request that such information be disclosed. Confidential or trade secret information shall be marked or expressly identified as such.

15.6 Liabilities of Signatory Members.

15.6.1 No Signatory Member shall be liable under this Agreement for the obligations of any Confirmation as to which it is not a Participating Member. Notwithstanding the foregoing, the Parties acknowledge that any debts or obligations entered into by NCPA pursuant to this Agreement not connected with any Confirmation shall be jointly and severally borne by them as Signatory Members , and not by non-Signatory Members of NCPA, pursuant to Article IV, Section 3(b) of the Joint Powers Agreement.

15.6.2 Each Participating Member shall be solely responsible and liable for performance of its own obligations under this Agreement as to those Confirmations under which it has chosen to receive Member Services. The obligation of each Participating Member under a given Confirmation is a several obligation and not a joint obligation with those other Participating Members with respect to a given Confirmation, subject to the authority of NCPA pursuant to section 7 to utilize Security Account funds if necessary for a given Confirmation regardless of the Participating Member which provided such Security Account funds.

15.7 No Consequential Damages. FOR ANY BREACH OF ANY PROVISION OF

THIS AGREEMENT FOR WHICH AN EXPRESS REMEDY OR MEASURE OF

DAMAGES IS PROVIDED IN THIS AGREEMENT, THE LIABILITY OF THE

DEFAULTING PARTY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER DAMAGES OR REMEDIES ARE HEREBY WAIVED. IF NO

REMEDY OR MEASURE OF DAMAGE IS EXPRESSLY PROVIDED, THE LIABILITY

OF THE DEFAULTING PARTY SHALL BE LIMITED TO ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE HEREBY WAIVED. IN NO

EVENT SHALL NCPA OR ANY PARTICIPATING OR SIGNATORY OR OTHER

MEMBER OR THEIR RESPECTIVE SUCCESSORS, ASSIGNS, REPRESENTATIVES,

DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY LOST

PROFITS, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT, PUNITIVE OR

INCIDENTAL LOSSES OR DAMAGES, INCLUDING LOSS OF USE, LOSS OF

GOODWILL, LOST REVENUES, LOSS OF PROFIT OR LOSS OF CONTRACTS

ARISING FROM THIS AGREEMENT OR ANY CONFIRMATION ENTERED INTO

PURSUANT TO THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH SIGNATORY MEMBER EACH

HEREBY WAIVES SUCH CLAIMS AND RELEASES EACH OTHER AND EACH OF NCPA AND ITS MEMBERS FROM ANY SUCH LIABILITY.

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The Parties acknowledge that California Civil Code section 1542 provides that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” The Parties waive the provisions of section 1542, or other similar provisions of law, and intend that the waiver and release provided by this section of this Agreement shall be fully enforceable despite its reference to future or unknown claims and its application to future and unknown Confirmations.

15.8 Amendments. Except where this Agreement specifically provides otherwise, this Agreement may be amended only by written instrument executed by the Parties with the same formality as this Agreement.

15.9 Severability. In the event that any of the terms, covenants or conditions of this Agreement or the application of any such term, covenant or condition, including application to any particular Confirmation, shall be held invalid as to any person or circumstance by any court having jurisdiction, all other terms, covenants or conditions of this Agreement and their application shall not be affected thereby, but shall remain in force and effect unless the court holds that such provisions are not severable from all other provisions of this Agreement.

15.10 Governing Law. This Agreement shall be interpreted, governed by, and construed under the laws of the State of California.

15.11 Headings. All indices, titles, subject headings, section titles and similar items are provided for the purpose of convenience and are not intended to be inclusive, definitive, or affect the meaning of the contents of this Agreement or the scope thereof.

15.12 Notices. Any notice, demand or request required or authorized by this Agreement or any Confirmation entered into pursuant to this Agreement, to be given to any Party shall be in writing. They shall either be personally delivered to a Signatory Member’s Designated Representatives and to the Secretary of the Commission or transmitted to the Signatory Member’s Designated Representatives and to the Secretary of the Commission at the addresses shown on the signature pages hereof by U.S. mail, first class postage prepaid. The designation of such address may be changed at any time by written notice given to the Secretary of the Commission who shall thereupon give written notice of such change to each Participant.

Notices shall be deemed received upon delivery or three (3) days after mailing.

15.13 Warranty of Authority. Each Party represents and warrants that it has been duly authorized by all requisite approval and action to execute and deliver this Agreement and that this Agreement is a binding, legal, and valid agreement enforceable in accordance with its terms as to that Party.

15.14 Counterparts. This Agreement may be executed in any number of counterparts, and each executed counterpart shall have the same force and effect as an original instrument and as if all the signatories to all of the counterparts had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without

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impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages.

15.15 No Assignment. Except as otherwise provided in a particular Confirmation, no Signatory Member may assign or otherwise transfer any other rights and obligations under this Agreement without the express written consent of NCPA.

15.16 Venue. In the event that a Party brings any action under this Agreement or any Confirmation issued pursuant to this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Placer or in the United States District Court for the Eastern District of California.

15.17 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement or any Confirmation issued pursuant to this Agreement, the Parties shall bear their own attorneys’ fees.

15.18 Interpretation. Each Party to this Agreement is sophisticated in the operation of electric utilities, and operates a publicly owned Electric System. Each Party to this Agreement was represented by counsel during the negotiation of this Agreement. Hence, this Agreement and all Confirmations issued pursuant to this Agreement shall be interpreted as being equally drafted by all Parties and without reference to Civil Code Section 1654 requiring interpretation against Parties causing an ambiguity.

15.19 No Third Party Beneficiaries. Except as otherwise provided in a particular Confirmation to the contrary, nothing contained in this Agreement or any Confirmation issued pursuant to this Agreement is intended by the Parties, nor shall any provision of this Agreement or any Confirmation issued pursuant to this Agreement be deemed or construed by the Parties or by any third person, to be for the benefit of any third party, nor shall any third party have any right to enforce any provision of this Agreement or any Confirmation issued pursuant to this Agreement or be entitled to damages for any breach by the Parties of any of the provisions of this Agreement or any Confirmation issued pursuant to this Agreement.

15.20 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement or any Confirmation does not constitute a waiver of any other breach of that term or any other term of this Agreement or Confirmation.

15.21 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

15.22 Conflict of Interest. NCPA shall not employ any Participating Member official or employee to perform Support Services for that Participating Member. No officer or employee of Participating Member shall have any financial interest in this Agreement or any Confirmation entered into pursuant to this Agreement that would violate California Government Code Sections 1090 et seq.

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EXHIBIT “A”

NORTHERN CALIFORNIA POWER AGENCY

SUPPORT SERVICES PROGRAM AGREEMENT
Signatory Member Execution Page
The Support Services Program Agreement is hereby approved, executed and joined by the following NCPA Member as a Signatory Member:
____________________________ [Name of NCPA Member Agency]

1. The initial Designated Representatives of the Signatory Member who are jointly authorized to execute Confirmations on behalf of the Signatory Member are:
___________________________
Utility Director
____________________________
David Rapport, City Attorney

2. The Designated Representatives are authorized to jointly execute any given individual Confirmation for Support Services on behalf of the Signatory Member which does not exceed $_____________ .

The NCPA Support Services Program Agreement was approved on ______________ __, 20__ by resolution no. ______ of the ____________________ _______________[Name of Governing Body of Signatory Member, e.g., “city council” or “board of directors”].

By:________________________________ [Signature of person executing] Its:________________________________ [Title of person executing] Attest:
__________________________ [Signature of Person Attesting to Approval] Its: _______________________ [Title of Person Attesting] Approved as to Form:

By: _______________________________
Title: _______________________________
City of Ukiah
Cindy Sauers
20,000.00
January 19 22
2022-05 Ukiah City Council
Sage Sangiacomo, City Manager
Kristine Lawler, City Clerk
David Rapport, City Attorney

26 ES-AGY-2016-001
EXHIBIT “B”
NCPA Services Program Agreement Form of Confirmation:

CONFIRMATION UNDER THE NCPA SUPPORT SERVICES PROGRAM

AGREEMENT

1. This is a Confirmation pursuant to the Support Services Program Agreement and subject to the terms and conditions of that agreement, except as expressly provided in this Confirmation. All capitalized terms have the meaning given to them in the Support Services Program Agreement.

2. The Participating Members for this Confirmation are:

3. NCPA agrees to provide the following Support Services to the Participating Members:

The Support Services will be contracted for by NCPA with ____________ using an agreement in substantially the form attached to this Confirmation.

4. The Participating Members executing this Confirmation agree to pay for the Support Services in the not to exceed amounts specified in this Confirmation and in accordance with the provisions of the Support Services Program Agreement:

5. A Security Account deposit [ is not required for this Confirmation/is required for this Confirmation in the amount of $ ______________ ]
Participating Member ____________ NORTHERN CALIFORNIA POWER AGENCY By:__________________________
By its Designated Representatives:
___________________________ Randy S. Howard, General Manager and
___________________________ Attest:
______________________________
Cary Padgett,
Assistant Secretary to the Commission
Approved as to Form:

By: __________________________
2507645.12 General Counsel

EXHIBIT "A"

NORTHERN CALIFORNIA POWER AGENCY

SUPPORT SERVICES PROGRAM AGREEMENT
Signatory Member Execution Page
The Support Services Program Agreement is hereby approved, executed and joined by the following NCPA Mernber as a Signatory Member:

THE CITY OF LODI
CityYanager - Steve Scuer
Authorized for Not More Than $20,000
Per Confirmation

2. The Designated Representatives are authorized to jointly execute any given individual Confirmation for Support Services on behalf of the Signatory Member which does not exceed the dollar amounts specified above.

The NCPA Support Services Program Agreement was approved on pr ttyL { 2, 2016 by Resolution no. 2016- lW-., of the Lodi City Council. ty Dire or - Elizabeth Kirldey
Authorized for Not More Than $15,000
Per Confirmation
--was S

1. The initial Designated Representatives of the Signatory Member who are jointly autho, -d to execute Confirmations on behalf of the Signatory Member are:

City A lorney - Janice D. Magdich
[Signature of person executing]
[Title of person executing]
By:
'anice_DlMagdich
Title: City Attorney

Attachment 3
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REVISING THRESHOLDS

TO THE SUPPORT SERVICES PROGRAM AGREEMENT WITH NORTHERN CALIFORNIA

POWER AGENCY
WHEREAS, the City of Ukiah is a member of the Northern California Power Agency (NCPA), a joint action agency providing members with opportunities for joint generating, transmission and other projects, as well as other supporting programs such as scheduling and dispatch services and legislative advocacy services to publicly owned utilities throughout Northern California; and
WHEREAS, the City of Ukiah is a member of NCPA and currently receives benefit from various projects and programs offered at NCPA; and
WHEREAS, NCPA has expanded service offerings to its members by offering additional support services such as joint purchasing, engineering services, transmission and distribution planning, power marketing and analysis, employee training, employment and human relations assistance, customer services and billing, metering and data management, power plant operations, and other forms of assistance and professional services relating to the operation of a publicly owned electric utility, as related to either the generation, transmission, or distribution of electricity or the wholesale or retail operation of such a utility; and WHEREAS, Council adopted Resolution 22-05 on January 19, 2022 approving the Support Services Program Agreement (SSPA) between the Northern California Power Agency (NCPA) and the City of Ukiah and designating the City Attorney, City Manager, and the Electric Utility Director as Designated Representatives; and
WHEREAS, aligning the SSPA thresholds with the City Council Reporting and Awarding Dollar Thresholds provides the City with additional opportunities to utilize the program for industry specific expertise; and
WHEREAS, Staff recommends that the City Council confirm the City Attorney, City Manager and Electric Utility Director as Designated Representatives under the SSPA and authorize them, together, to execute service confirmations for amounts not to exceed $60,000 per confirmation or such greater amount as may be authorized by City Council action or applicable City ordinance.

NOW, THEREFORE BE IT RESOLVED, that the City of Ukiah Council hereby:
1) Revises the thresholds to the Support Services Agreement between the Northern California Power Agency and the City of Ukiah to align with current City Council Reporting and Awarding Dollar Thresholds; and
2) Confirms the City Attorney, City Manager and Electric Utility Director as Designated Representatives under the SSPA and authority to them, together, to execute service confirmations for amounts not to exceed $60,000 per confirmation or such greater amount as may be authorized by City Council action or applicable City ordinance.

Attachment 3
PASSED, ADOPTED and APPROVED this 1st day of July, 2026, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________
Susan Sher, Mayor
ATTEST:
_____________________________
Araceli Sandoval, Deputy City Clerk

Agenda Item No: 12.a.

MEETING DATE/TIME: 7/1/2026

ITEM NO: 2026-1114

AGENDA SUMMARY REPORT
SUBJECT: Review and Consider Introduction By Title Only an Ordinance that Facilitates a Comprehensive Land Use Amendment and Rezoning of Parcels Within and Adjacent to the City of Ukiah's Downtown Zoning Code Boundary; and Creates a Recreational Zoning District compatible with the City's Existing Recreation (REC) Land Use Designation.

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

1. Ordinance #1239 (2012)

2. Existing Downtown Zoning Code - Maps & Parcel List

3. ALUC_2026-0001 Resolution (Signed)

4. PC_Resolution 2026-06 (Signed)

5. Draft Ordinance

6. Draft Findings of Consistency

7. Presentation Given
Summary: Council will consider introduction by title only an ordinance that facilitates a comprehensive Land Use Amendment and Rezoning of parcels within and adjacent to the City of Ukiah's Downtown Zoning Code Boundary; and creates a Recreational Zoning District compatible with the City's existing Recreation (REC) Land Use Designation.

Background: In 2006, the City Council appropriated funding and directed Staff to prepare a form-based zoning code for the Downtown area and the East Perkins Street corridor. In 2007, the City completed a visioning process for these areas following a five-day public design charrette. This process formally initiated development of the Downtown Zoning Code (DZC). The charrette gathered community input to guide future development and redevelopment across both areas. Beginning in late 2009, the Planning Commission refined this early work through a series of public workshops and progressed it through an initial environmental review process.

Approximately two years later, the Planning Commission completed its initial draft of the DZC on January 12, 2011, and issued an informal recommendation that the City Council progress adoption. A joint City Council and Planning Commission workshop followed on April 27, 2011. The resulting resolution emphasized three priorities. It called for flexibility through an "Exception" process (1), greater regulatory clarity through sitespecific design standards (2), and improved usability through tables, illustrative examples, and defined land uses (3). The resolution also directed the recently formed Design Review Board to assist in codifying associated Design Guidelines. The multi-year effort concluded on October 3, 2012, with the adoption of Ordinance 1139 (Attachment 1), which applied the DZC across both the Perkins Street corridor and the Downtown. A list of the parcels presently identified in the DZC is included and visualized in Attachment 2.

State of California Redevelopment Funding: Although not directly tied to the DZC itself, much of the early planning for these areas assumed the potential use of State redevelopment funds to help deliver public

improvements and support economic revitalization. When redevelopment agencies were dissolved in 2012, the tools that California cities had historically relied on for site assembly, infrastructure upgrades, and gap financing were no longer available. The loss of redevelopment funding was significant for Ukiah. Costs that had been expected to be shared for new economic development projects along Perkins Street, such as infrastructure or site assembly, were shifted almost entirely to private interests. This outcome altered the feasibility assumptions and expectations established in earlier planning efforts. For the DZC specifically, many of the identified street extensions and public improvements became more costly. This inherently limited the effectiveness of the DZC by not conforming the physical reality of places like Perkins Street for consistency with the developed form based code.

Development After DZC Adoption: Since the adoption of the DZC in 2012, only one new stand-alone structure has been constructed under its regulations, the Chipotle quick service restaurant located at 536 East Perkins Street. Notably, it required multiple exceptions and hearings to secure approval. Adaptive reuse activity has likewise been limited. Notable exceptions include TCW's adaptive reuse of the warehouse structure at 401 South State Street, which replaced the former Hospice Thrift Shop, and Redwood Credit Union's reuse of the former Savings Bank of Mendocino County Pear Tree branch at 414 East Perkins Street, and El Molcajete Mexican Restaurant, which replaced Romi's BBQ at 225 East Perkins Street. Based on the original approval documents, however, development over the past 14 years has not occurred at a scale or intensity consistent with the expectations established in the DZC's environmental review.

The DZC has been effective, however, in guiding and informing a number of notable public improvements.

These include Streetscape Phase 1 and Phase 2, the Urban Core Rehabilitation and Transportation Project, utility/infrastructure undergrounding, and the coordinated selection and planting of street trees. Complimentary plans such as the Perkins Street Gateway Master Plan (2015) also created pathways to realize the DZC's envisioned development pattern. The code has not, however, produced the anticipated level of private development or adaptive reuse of existing structures.

Existing Challenges with the DZC: Multiple code sections that were intended to create usability and predictability within the DZC have instead produced confusion and procedural delay. Parcels within the DZC area vary widely in width, depth, frontage, and access, but the code itself features strict lot coverage, frontage and development requirements. Many of the standard tables and diagrams do not align with on-the-ground parcel conditions or existing structures available for reuse. This misalignment forces applicants into exceptions or project-specific interpretations almost immediately. Given the number of irregular parcels, additional land use restrictions, and varied development patterns, it is unclear whether any project within the DZC could proceed without multiple minor or major exceptions and multiple public hearings. The layering of development standards, visual requirements, footnotes, and form-based terminology has created a regulatory environment that applicants, hearing bodies, and Staff find difficult to navigate. In summary, Staff advised the Downtown Zoning Code Ad Hoc Committee, formed by the City Council in 2024, that several factors have contributed to the limited effectiveness of the DZC, including:
• The absence of consistent design examples across the district, together with limited visual guidance for existing structures.
• A need for frequent exceptions and discretionary review for nearly all projects. • The misapplication of form-based standards along an auto-oriented corridor that lacks corresponding infrastructure and subdivision incentives.
• A dual regulatory burden, in which form-based regulations for irregular parcels are combined with conditional use permits, producing entitlements that are difficult to process without numerous exceptions.
• The loss of redevelopment funding, which shifted the tools for site assembly, infrastructure upgrades, and gap financing to private entities.

As part of the adopted 2040 General Plan, Policy LU-3 directs the City to focus on improving the appearance and overall vibrancy of Downtown Ukiah. The policy is supported by a set of action items and implementation

programs, such as Implementation Program E, which is specific to the Downtown Zoning Code, that are intended to create a high-quality environment for residents, businesses, and visitors. The work of the Downtown Zoning Code Ad Hoc Committee aligns with this policy and advances implementation of the 2040 General Plan.

Recent History (2025–2026): Throughout 2025, Staff worked with a multi-body Ad Hoc Committee to review the effectiveness of the DZC and to determine an appropriate reform sequence. The first recommended step is to complete the proposed rezoning. The rezoning would align zoning districts with parcel scale, existing conditions, and development patterns. It would also resolve the longstanding mismatch between the formbased DZC and the more auto-oriented parcels along Perkins Street. Many parcels identified for rezoning would return to the designations they held prior to the DZC's initial adoption, or would better reflect their projected use like the Great Redwood Trail or new Superior Courthouse. The second recommended phase involves reworking the DZC itself. This effort should proceed in parallel with Housing Element updates and historic preservation inventories. Coordinating these processes would support the development of downtownspecific regulations that emphasize adaptive reuse, infill, and flexibility for existing structures. Deferring the regulatory revisions would also give the City an opportunity to incorporate or draft separate specific plans for the soon-to-be-former County Courthouse site and major rehabilitation efforts such as the Palace Hotel.

On February 25, 2026, the Planning Commission reviewed initial considerations regarding the Project Area.

The Project Area includes the historic Downtown Core, the East Perkins Street corridor, and the former rail corridor, now the Great Redwood Trail. The Commission provided preliminary direction to consider alternatives, seek further input, and advance the Project through airport land use review.

On March 18, 2026, the City submitted an application to the Mendocino County Airport Land Use Commission ("ALUC") for a consistency determination. This submission was required under Section 1.4.1(a) of the Ukiah Municipal Airport Land Use Compatibility Plan ("UKIALUCP") because the Project includes a General Plan amendment and rezoning affecting lands within the Ukiah Municipal Airport Influence Area. On April 16, 2026, the ALUC conducted a duly noticed public hearing and adopted Resolution No. 2026-0001, finding the Project consistent with the UKIALUCP pursuant to Policy 2.2.6(a) (Attachment 3).

On June 10, 2026, the Planning Commission conducted a duly noticed (20 days notice) public hearing to consider adoption of a resolution providing a recommendation to the Ukiah City Council to adopt the proposed ordinance that facilitates a comprehensive rezone and land use amendment. Following the hearing, the Planning Commission voted unanimously (3-0) to adopt Resolution No. PC-2026-0006 (Attachment 4), recommending that the City Council adopt the proposed ordinance subject to the staff recommendation, with minor modifications and the requested removal of 300 West Smith Street parcel (APN 002-176-07) from rezone consideration at the request of the property owner. Given the peripheral nature of APN 002-176-07, Staff supported the requested removal of the parcel.

Discussion: Since 2024, the Downtown Zoning Ad Hoc Committee and Staff have worked to prepare a reform package for the Downtown Zoning Code through targeted updates across two phases. The current phase (Phase 1) and proposed project is described below:
• Rezone 67 parcels currently designated Urban Center (UC) and General Urban (GU) to Community Commercial (C-1) to address the misalignment of DZC form-based standards on larger lots along the East Perkins Street corridor and surrounding downtown blocks; • Rezone approximately 4.1 acres of the Urban Center (UC) district to Public Facilities (PF), consistent with civic uses planned or under construction, including the Mendocino County Superior Courthouse and related facility parking;
• Rezone approximately 1 acre of the Urban Center (UC) district, together with a 0.95-acre Heavy Commercial (C-2) parcel to Recreation (REC), consistent with the Recreational (REC) General Plan designation, including the Great Redwood Trail alignment, the existing Ukiah Rail Depot structure, and riparian pocket park;

o Removing the Great Redwood Trail and Ukiah Rail Depot parcels from the DZC requires the concurrent creation of a zoning district suited to those lands. A new Article 11.6 establishes the Recreation (REC) Zoning District to provide for, protect, and manage public and private recreation lands and to implement the General Plan's Recreational (REC) land use designation and Policy PFS-12.1 (Park Network).
• Rezone two parcels on Mason Street from Urban Center (UC) to Heavy Commercial (C-2), reflecting the existing mix of warehouse and commercial uses on those parcels; • Refine the DZC boundaries to focus form-based code application on the Downtown Core. The Downtown Core land use is expanded by approximately 4.35 acres to the west and south, where it aligns with the traditional block grid. Twenty-three parcels along the Oak Street and Seminary Avenue corridors are adjusted to General Urban (GU) to better reflect existing development patterns and crossstreet boundaries, excepting APN 002-176-07.

The proposed amendments implement General Plan Policy LU-10.1, which directs periodic updates to the Downtown Zoning Code to maintain consistency with General Plan goals, policies, and land use designations.

The amendments also support Policies LU-2.1, LU-2.3, and LU-2.4 by focusing on pedestrian-oriented development standards within the Downtown Core; Land Use Goal LU-4 by applying commercial zoning districts to established commercial corridors; Policies PFS-12.1 and PFS-12.7 by implementing the Recreational land use designation and supporting the Great Redwood Trail; and Policies ED-5.1 and ED-5.3 by providing a regulatory framework for recreation and trail-oriented facilities that contribute to the City's economic development and tourism objectives.

The Planning Commission resolution (Attachment 4) recommends that the City Council adopt an ordinance approving the proposed General Plan amendment, including a comprehensive rezoning of parcels within and adjacent to the Downtown Zoning Code (DZC) boundary, and the establishment of a new Recreation (REC) Zoning District as Article 11.6 of Division 9, Chapter 2 of the Ukiah City Code. The resolution found that the Project was consistent with the Ukiah 2040 General Plan and the Ukiah Municipal Airport Land Use Compatibility Plan, as determined by the Airport Land Use Commission in Resolution No. AC 2026-0001, and that it was eligible for streamlined CEQA review under CEQA Guidelines Section 15183, tiered from the 2040 General Plan EIR (SCH No. 2022050556).

As conveyed in Attachment 5, the draft ordinance makes targeted amendments to the existing DZC, such as recognizing completed projects and making consistency edits to reflect the revised geography. In addition to the findings and recommendation, the City Council hearing packet includes the identified parcel list for Rezone, the draft City Council ordinance, and the associated project area maps. One update since the adoption of the PC Resolution is the refinement of internal Figures 8 and 9, which are now aligned with the Project and reflect a revised focus on the Downtown Core.

While there are differences between the proposed and existing designations in terms of in height, setback, and other objective standards, new development would remain subject to discretionary review and substantially aligned with existing and allowed uses. The proposed C-1 and C-2 zoning districts allow a maximum building height of 50 feet. This represents an increase over the current Downtown Zoning Code (DZC) standards, under which the General Urban (GU) designation allows a maximum of 2 stories (28 feet) and the Urban Center (UC) designation allows a maximum of 3 stories (42 feet). While the DZC mandated a minimum of two stories for all new development, the C-1 and C-2 districts include no such requirement, allowing new development proposals to be considered further by the Zoning Administrator or Planning Commission.

Both the Project and the Alternative remain within the scope of impacts previously analyzed. Neither exceeds previously studied density thresholds, and neither introduces substantially new or different land uses that were not previously analyzed. Because the proposed ordinance is programmatic and adds no new physical development, neither the Project nor the Alternative would result in new or peculiar environmental effects, given the overlap between the existing Downtown Zoning Code and the C-1 zoning district. The changes would, however, update procedures and zoning standards.

Staff has prepared draft Findings of Consistency, included in Attachment 6, demonstrating that the proposed amendments are consistent with the goals, policies, and implementation programs of the City's 2040 General Plan. Importantly, the Project does not create new land uses within the project area; rather, in many instances, it reinstates previously existing development standards. The amendments modernize and refine standards already contemplated by the General Plan rather than introduce new or more intensive land uses, and Staff will continue to facilitate site-specific CEQA and project-level review as individual development applications are received.

Next Steps: Following City Council action on the proposed amendments, Staff will advance separate revisions to the DZC itself in parallel with the City's Housing Element update and completion of historic preservation inventories. These Phase 2 efforts and revisions will emphasize adaptive reuse within the Downtown Core, targeted infill development, and regulatory flexibility, enabling the City to accommodate new investment while preserving the scale, character, and historic resources of the downtown. As this work progresses, Staff anticipates opportunities for more focused, site-specific planning, and expects to conduct particular efforts for the soon-to-be-former County Courthouse, Palace Hotel, and former Post Office to guide the long-term reuse of these significant properties as they transition to new uses. Along the East Perkins Street corridor in particular, Staff projects renewed development interest in vacant and underdeveloped parcels, which the revised C-1 standards and existing parcel layout are well positioned to accommodate.

Recommended Action: Introduce by title only an ordinance that facilitates a comprehensive Land Use Amendment and Rezoning of parcels within and adjacent to the City of Ukiah's Downtown Zoning Code boundary; and creates a Recreational Zoning District compatible with the City's existing Recreation (REC) Land Use Designation.

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: Darcy Vaughn, Assistant City Attorney and Councilmembers Rodin and Crane (Downtown Zoning Code Ad Hoc)
STRATEGIC PLAN (SP): SP 4A - Identify and remove barriers to economic development while leveraging economic opportunities; SP 4B - Develop and preserve the historic downtown as a regional center of civic and economic activity.

GENERAL PLAN ELEMENTS (GP): Goal LU-3 (Downtown); Policy LU-10.1 (Dowtown Zoning Code); Policy PFS-12.1 (Park Network); Policy PFS-12.7 (Great Redwood Trail); Policy ED-5.1 (Outdoor Recreation Opportunities).

ORDINANCE NO. 1139

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING DIVISION 9 (PLANNING AND DEVELOPMENT,
CHAPTER 2 (ZONING) OF THE UKIAH CITY CODE BY ADDING
ARTICLE 18 ENTITLED DOWNTOWN ZONING CODE
The City Council hereby ordains as follows.

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

1. In 2006, the City Council budgeted the appropriate funds and directed staff to prepare a form based zoning code for the Downtown and East Perkins Street areas.

2. In 2007, the City conducted a five-day public workshop charrette to solicit ideas from the public and to develop a vision for the future development and redevelopment of the Downtown and East Perkins Street areas.

3. The Planning Commission reviewed the draft form based Downtown Zoning Code through a series of public workshops from the end of 2009 through early 2011. In April of 2011, the City Planning Commission and City Council conducted a joint public workshop to review and discuss the draft form based Downtown Zoning Code. The City Council conducted a series of public workshops from May, 2011 through September, 2011 to review and discuss the Code.

4. In September, 2011, the City Council preliminarily approved the draft Zoning Code for the Downtown and East Perkins Street corridor, and directed staff to 1) prepare the required environmental document to comply with the California Environmental Quality Act; and 2) refer the draft document to the Mendocino County Airport Land Use Commission for a consistency review with the County Airports Comprehensive Land Use Plan.

5. On March 22, 2012, the Mendocino County Airport Land Use Commission reviewed the draft Downtown Zoning Code and found it consistent with the Mendocino County Comprehensive Land Use Plan provided 1) a note was added to Table 4 indicating that lot sizes are subject to airport zone restrictions; and 2) a note was added to Table 6 indicating that any buildings in the B2 airport compatibility zone proposed for more than two stories would be subject to review and approval by the Mendocino County Airport Land Use Commission. The notes have been added.

6. On June 4, 2012, City Staff completed an Initial Study of potential environmental impacts resulting from implementation of the draft Downtown Zoning Code and concluded that a Mitigated Negative Declaration was appropriate for the project. The document was sent to the State Clearinghouse for State Agency review and comment, and it was publicly noticed review and comment. At the close of the review and comment period, two written comments were received - 1) State Public Utilities Commission, who did not question the appropriateness of the Mitigated Negative Declaration or suggest language modifications or additional environmental review work; and 2) State Department of Transportation, who similarly did not question the appropriateness of the Mitigated 1 ATTACHMENT 1

Negative Declaration or suggest language modifications or additional environmental review work. Responses to comments were provided to both State Agencies.

7. On August 8, 2012, the City Planning Commission conducted a public hearing to consider making formal recommendations to the City Council concerning the Mitigated Negative Declaration and ordinance amending the City Code to add the Downtown and East Perkins Street Corridor Zoning code standards.

8. On August 8, 2012, the City Planning Commission voted 2-1 to recommend City Council approval of the Mitigated Negative Declaration and adoption of the Code.

9. On September 5, 2012, the City Council conducted a public hearing and voted 3/0 to adopt the Mitigated Negative Declaration based on the findings listed in the Staff Report, and to introduce the ordinance by title only.

SECTION TWO
Article 18 entitled "DOWNTOWN ZONING CODE," is hereby added to Division 9 (Planning and Development), Chapter 2 (Zoning) of the Ukiah City Code pursuant to the attached Exhibit A.

SECTION FOUR

1. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby, The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid.

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

Introduced by title only on September 5, 2012, by the following roll call vote:

AYES: Councilmember Thomas, Rodin, and Mayor Landis
NOES: None
ABSENT: Councilmembers Baldwin, and Crane
ABSTAIN: None
Adopted on October 3, 2012 by the following roll call vote:

AYES: Councilmember Thomas, Rodin, and Mayor Landis
NOES: None
ABSENT: Councilmember Baldwin, and Crane
ABSTAIN: None
2

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

DO NOT USE TO DETERMINE LEGAL PROPERTY BOUNDARIES. :

EAST PERKINS STREET

NORTH ORCHARD
AVENU
E

WEST SMITH STREET
NORTH
PINE
STREET

WEST STANDLEY STREET NORTH BUSH STREET

SOUTH ORCHARD AVENUE SOUTH OAK STREET

NORTH OAK STREET

WEST PERKINS STREET

LESLIE STREET
SOUTH
SCHOOL
STREET

WEST CHURCH STREET

WEST STEPHENSON STREET
SOUTH
STATE
STREET

POMEROY AVENUE
NORTH
STATE
STREET
NORTH

NORTH MAIN STREET
SCHOOL
STREET

MASON STREET

SOUTH BUSH STREET

SOUTH PINE STREET

SOUTH MAIN STREET

WEST CLAY STREET
WARREN
DRIVE

PEACH STREET

HENRY STREET

MORRIS STREET

EAST STANDLEY STREET

EAST CHURCH STREET

EAST SMITH STREET

EAST CLAY STREET
STELLA
DRIVE

SEMINARY AVENUE

SEMINARYAVENUE

KINGS COURT

PLUM DRIVE

HOSPITAL DRIVE
Legend
Roads
Existing DZC Boundary
C1 - Community
Commercial
C2 - Heavy Commercial
DC - Downtown Core
GU - General Urban
UC - Urban Center
0 600
Feet
Bureau of Land Management, Esri, HERE, Garmin, USGS, NGA, EPA, USDA, NPS, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA
Existing Downtown Zoning Code ATTACHMENT 2

Gibson Creek

PERKINS STREET
OAK
STREET
MAIN
STRE
ET
STATE
STREET

CLAY STREET
SCHOOL
STREET
O
R
C
H
A
R
D
AVEN
UE

SMITH STREET
LESLIE
STREET

STANDLEY STREET
RAM
P

CHURCH STREET
WARR
E
N
DRIVE
M
A
S
O
N
S
T
REET

PEACH STREET
H
OS

PITAL D
RIVE

PLUM DRIVE

HENRY STREET
PIN
E
STRE
ET

NO NAME

STELLA DRIVE

KINGS COURT

SEMINARY AVENUE
RAMP

NO NAME
0 125 250 500
Feet ³ Zoning Districts
UC
DC
GU
Special Designations
Public Parking Existing
Civic Existing
Civic Preferred
Parking Structure Preferred
Public Facilities
Hydrology
100 Year Flood
Gibson Creek

DOWNTOWN ZONING CODE ZONING MAP
Map Updated - May, 2012
DZC Boundary
Figure 1: Downtown Zoning Code Zoning Map

Gibson Creek

PERKINS STREET
OAK
STREET
MAIN
STRE
ET
STATE
STREET

CLAY STREET
SCHOOL
STREET
O
R
C
H
A
R
D
AVEN
UE

SMITH STREET
LESLIE
STREET

STANDLEY STREET
RAM
P

CHURCH STREET
WARR
E
N
DRIVE
M
A
S
O
N
S
T
REET

PEACH STREET
H
OS

PITAL D
RIVE

PLUM DRIVE

HENRY STREET
PIN
E
STRE
ET

NO NAME

STELLA DRIVE

KINGS COURT

SEMINARY AVENUE
RAMP

NO NAME
0 125 250 500
Feet
³ Zoning Districts
UC
DC
GU
Special Designations
Public Parking Existing
Civic Existing
Civic Preferred
Parking Structure Preferred
Public Facilities
Hydrology
100 Year Flood
Gibson Creek

DOWNTOWN ZONING CODE ZONING MAP
Map Updated - May, 2012
DZC Boundary
Figure 8: Circulation Map
Clay Street Extension
Hospital Drive Extension
Railroad Right of Way
Downtown Streetscape Improvement Plan adopted July 1, 2009 Requried Street Extension
Required Pedestrian/Bike Path
Modication to Existing Street

Gibson Creek

PERKINS STREET
OAK
STREET
MAIN
STRE
ET
STATE
STREET

CLAY STREET
SCHOOL
STREET
O
R
C
H
A
R
D AVEN
UE

SMITH STREET
LESLIE
STREET

STANDLEY STREET
RAMP

CHURCH STREET
WARR
E
N
DRI
VE
M
A
S
O
N
STREET

PEACH STREET
H
OS
P
ITAL D
RIVE

PLUM DRIVE

HENRY STREET
PIN
E
STRE
ET

NO NAME

STELLA DRIVE

KINGS COURT

SEMINARY AVENUE
RAMP

NO NAME
0 250 500 125
Feet
³ Zoning Districts
UC
DC
GU
Special Designations
Public Parking Existing
Civic Existing
Civic Preferred
Parking Structure Preferred
Public Facilities
Hydrology
100 Year Flood
Gibson Creek

DOWNTOWN ZONING CODE ZONING MAP
Map Updated - May, 2012
DZC Boundary
Figure 9: Special Designations
V
V
T
T
V
T Required Terminated Vista
Recommended Turret Location
Required Storefront Frontage Type
Recommended Storerfont Frontage Type

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Urban Center DC 10.086 6

Resolution Number AC 2026-0001
County of Mendocino
Ukiah, California
APRIL 16, 2026
ALUC_2026-0001 - CITY OF UKIAH

RESOLUTION OF THE MENDOCINO COUNTY AIRPORT LAND USE

COMMISSION, COUNTY OF MENDOCINO, STATE OF CALIFORNIA,

FINDING THAT THE ORDINANCE AMENDMENTS PROPOSED BY

THE CITY OF UKIAH - COMMUNITY DEVELOPMENT DEPARTMENT

ARE CONSISTENT WITH THE UKIAH MUNICIPAL AIRPORT LAND
USE COMPATIBILITY PLAN.

WHEREAS, on October 20, 2022, the Mendocino County Airport Land Use Commission adopted Resolution No. 22-0006 finding the City of Ukiah's General Plan compatible with the UKIALUCP; and WHEREAS, on March 18, 2026, the City of Ukiah (the "City")., submitted an application for consistency determination with the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) for the proposed rezone and amendment of various land use designations to address misalignment of the Downtown Zoning Code (DZC) form-based codes on larger lots, to be consistent with uses that are planned, under construction, or existing, and to refine the DZC boundaries to focus form-based code application on the Downtown Core.

WHEREAS, California Public Utilities Code Section 21674 provides Airport Land Use Commissions the powers and duties to assist local agencies in ensuring compatible land uses in the vicinity of all new airports and in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible land uses; and WHEREAS, UKIALUCP Policy 1.4.1 requires mandatory review by the Mendocino County Airport Land Use Commission for zoning ordinances that both affect property within the airport influence area and may involve the type of airport impact concerns listed in Policy 1.3.1 (b ); and WHEREAS, in accordance with applicable provisions of law, the Mendocino County Airport Land Use Commission held a public hearing on April 16, 2026, at which time the Mendocino County Airport Land Use Commission heard and received all relevant testimony and evidence presented orally or in writing regarding the consistency determination for the Project. All interested persons were given an opportunity to hear and be heard regarding the Project; and NOW, THEREFORE, BE IT RESOLVED, that the Mendocino County Land Use Commission makes the following findings based upon the evidence in the record:

1. That the foregoing recitals are true and correct and incorporated herein by this reference.

2. The Project does not propose any activities that would create compatibility concerns with respect to (1) noise, (2) safety, (3) airspace protection, or (4) overflight as described in Policy

1.3.1(b).

3. Pursuant to UKIALUCP Policy 3.1.2, no direct conflicts exist between the Project and the requirements of the UKIALUCP and provisions are included both in existing City regulations and under the Project that ensure long-term compliance with the compatibility criteria.

ATTACHMENT 3

4. Pursuant to UKIALUCP Policy 3.1.3, the City has established a review process for development within the Airport Influence Area that will be utilized for development proposed under the Project

5. Pursuant to UKIALUCP Policy 3.1.4, the compatibility of uses in the Airport Influence Area are preserved to the maximum extent feasible. Land use conversions are not proposed under the Project and the existing review process in the City for development within the Airport Influence Area will ensure consistency with the compatibility criteria of the UKIALUCP for any future development proposed under the Project
BE IT FURTHER RESOLVED, that the Mendocino County Airport Land Use Commission, pursuant to UKIALUCP Policy 2.2.6(a), determines the Project is consistent with the UKIALUCP.

BE IT FURTHER RESOLVED that the Mendocino County Airport Land Use Commission action shall be final and immediately effective upon date of adoption .

I hereby certify that according to the Provisions of Government Code Section 25103 delivery of this document has been made.

ATTEST: ADRIENNE THOMPSON
Administrative Services Manager II
BY: JULIA KROG
Director of Planning & Building Services

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RESOLUTION No. 2026-06

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UKIAH

RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A

GENERAL PLAN AMENDMENT, COMPREHENSIVE REZONING OF PARCELS WITHIN AND ADJACENT TO THE DOWNTOWN ZONING CODE (DZC} BOUNDARY AND ESTABLISHING ARTICLE 11.6 OF DIVISION 9, CHAPTER 2 OF THE UKIAH CITY CODE TO CREATE AND REGULATE THE RECREATION (REC) ZONING DISTRICT.

WHEREAS, on June 4, 2012, City staff completed an Initial Study of potential environmental impacts resulting from implementation of a draft Downtown Zoning Code and concluded that a Mitigated Negative Declaration was appropriate for the project after commencing public outreach in 2006; and
WHEREAS, on August 8, 2012, the Planning Commission conducted a public hearing to consider formal recommendations to the City Council concerning the Mitigated Negative Declaration and an ordinance amending the City Code to add the Downtown and East Perkins Street Corridor Zoning Code standards; and
WHEREAS, on August 8, 2012, the Planning Commission voted 2-1 to recommend that the City Council approve the Mitigated Negative Declaration and adopt the Code; and WHEREAS, on September 5, 2012, the City Council conducted a public hearing and voted 3-0 to adopt the Mitigated Negative Declaration and to introduce an ordinance amending Division 9 (Planning and Development), Chapter 2 (Zoning) of the Ukiah City Code by adding Article 18, entitled Downtown Zoning Code. The City Council subsequently adopted the ordinance as Ordinance No. 1139 on October 3, 2012; and
WHEREAS, the State of California dissolved redevelopment agencies in February 2012, it established successor agencies to unwind Redevelopment Authorities, which removed a key funding source for public improvements and site assembly within the Downtown Core and East Perkins Street corridor. The dissolution shifted the cost of those improvements onto private development; and
WHEREAS, many of the street extensions, street design treatments, and infrastructure concepts contemplated under the Downtown Zoning Code became infeasible following the removal of these financial tools and planning mechanisms; and
WHEREAS, expectations established through the early charrette process and environmental review were no longer realistic in the absence of redevelopment funding. A greater share of public improvements fell to private projects to deliver; and
WHEREAS, the City experienced limited new commercial development and private business interest within the Downtown Zoning Code area following adoption. Since 2012, only one primary commercial structure has been constructed in the Downtown Zoning Code area, and multiple adaptive reuse projects that did not substantially alter existing structures or uses were nonetheless required to undergo discretionary review due to their nonconforming status; and

ATTACHMENT 4

WHEREAS, on December 7, 2022, the Ukiah City Council adopted the Ukiah 2040 General Plan D ("General Plan"), including the Land Use Element and accompanying Land Use Map, which establishes the City's long-range vision for land use, growth, and development; and WHEREAS, the Project includes amendments to the Ukiah 2040 General Plan Land Use Map to ensure consistency between General Plan land use designations and the proposed zoning classifications within and adjacent to the Downtown Zoning Code boundary; and WHEREAS, the proposed project ("Project") involves a comprehensive General Plan amendment and rezoning of parcels within and adjacent to the existing DZC boundary, with the goal of aligning zoning regulations with existing land uses, lot dimensions, the General Plan, and the most appropriate development framework based on parcel size, frontage, recent use, and adjacent street network; and
WHEREAS, the Project proposes the following amendments to the General Plan Land Use Map and to Division 9, Chapter 2 of the Ukiah City Code, as identified in Exhibit A and Exhibit B:
• Rezone parcels currently designated Urban Center (UC) and General Urban (GU) to Community Commercial (C-1 ), to address the misalignment of DZC form-based standards on larger lots along the East Perkins Street corridor and surrounding downtown blocks; • Rezone portions of the Urban Center (UC) district to Public Facilities (PF), consistent with civic uses that are planned or under construction, including the Mendocino County Superior Courthouse and related facility parking;
• Rezone portions of the Urban Center (UC) district, together with a Heavy Commercial (C2) D parcel, to Recreation (REC), consistent with the Recreational (REC) General Plan designation, including the Great Redwood Trail alignment and the existing Ukiah Rail Depot structure;
• Rezone two parcels on Mason Street from Urban Center (UC) to Heavy Commercial (C-2), reflecting the existing mix of warehouse and commercial uses on those parcels; and • Refine the DZC boundaries to focus form-based code application on the Downtown Core.

The Downtown Core land use is expanded to the west and south where it aligns with the traditional block grid, and parcels along the Oak Street and Seminary Avenue corridors are adjusted to General Urban (GU) to better reflect existing development patterns and cross street boundaries; and
WHEREAS, the primary purpose of the Project is to implement the 2040 General Plan policies and goals related to the DZC across two phases. Phase 1 resolves the mismatch between the form-based standards of the DZC and existing development patterns along the East Perkins Street corridor and the Downtown. It accurately categorizes public and recreational lands. It also restores the majority of parcels along the Perkins Street corridor to commercial zoning designations consistent with their pre-DZC status. Phase 2 will focus on updating the DZC to improve adaptive reuse incentives, further encourage infill and mixed-use development, create flexibility for modifying existing buildings, and implement clear, usable design standards; and WHEREAS, on February 25, 2026, the Planning Commission reviewed initial considerations regarding the Project Area, which includes the historic Downtown Core, the East Perkins Street D

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corridor, and the former rail corridor (now the Great Redwood Trail), and provided preliminary direction to consider alternatives, seek further input, and advance the Project through airport land use review; and
WHEREAS, on March 18, 2026, the City submitted an application to the Mendocino County Airport Land Use Commission ("ALUC") for a consistency determination, as required under Section 1.4.1 (a) of the Ukiah Municipal Airport Land Use Compatibility Plan ("UKIALUCP"), because the Project includes a General Plan amendment and rezoning affecting lands within the Ukiah Municipal Airport Influence Area; and
WHEREAS, on April 16, 2026, the ALUC conducted a duly noticed public hearing and adopted Resolution No. 2026-0001, finding the Project consistent with the UKIALUCP pursuant to Policy

2.2.6(a); and
WHEREAS, the Project is a programmatic action. The Project does not approve any specific structures, generate traffic to or from the airport, introduce wildlife attractants, or alter airspace.

Any future discretionary development on the affected parcels will be evaluated on a projectbyproject basis for compliance with applicable noise, height, density, and land use compatibility standards, including FAA aeronautical study and No Hazard to Air Navigation determinations where applicable; and
WHEREAS, pursuant to California Government Code Section 65090 and Ukiah City Code Section 9265, the City provided notice of a public hearing before the Planning Commission by publication in a newspaper of general circulation not less than twenty days prior to the hearing, by mailing to owners of property within 300 feet of the Project area where applicable, and by posting at City Hall and on the City's website not less than ten days prior to the hearing; and WHEREAS, the Planning Commission held a duly noticed public hearing on June 10, 2026, at which time the Planning Commission received and considered the staff report and all attachments, the ALUC consistency determination, written and oral testimony from members of the public, and the recommendation of staff; and
WHEREAS, pursuant to California Government Code Section 65860, the proposed rezoning is consistent with the General Plan. The new zoning designations align with the corresponding General Plan land use designations already used by the City, and adoption of the Project resolves the remaining inconsistencies between current zoning and General Plan land use; and WHEREAS, pursuant to California Government Code Section 65855, the Planning Commission has reviewed the proposed zoning ordinance amendment and now renders its report and recommendation to the City Council; and
WHEREAS, the Planning Commission finds that the Project is in the public interest. The Project advances the City's land use, mobility, housing, and economic development objectives. The Project accurately reflects existing and planned conditions on the ground, provides a clearer and more predictable regulatory framework for property owners and applicants along the East Perkins Street corridor and within the Downtown Core, and is consistent with the General Plan and the UKIALUCP; and
WHEREAS, removing the Great Redwood Trail and Ukiah Rail Depot parcels from the Downtown Zoning Code boundary necessitates the concurrent and immediate creation of the Recreation

a regulatory structure that supports the City's recreational objectives; and (REC) Zoning District to ensure these parcels are not left without appropriate zoning, establishing D WHEREAS, the Planning Commission finds that establishing the REC Zoning District implements and is consistent with the Ukiah 2040 General Plan, providing the regulatory mechanism to implement Policy PFS-12.1 (Park Network) and supporting the Great Redwood Trail.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Ukiah, based on the staff report, the ALUC consistency determination, the environmental analysis, the public testimony received, and all written and oral materials presented at the public hearing, hereby makes the following findings and recommendations:

1. The above Recitals are true and correct and are incorporated herein by this reference as findings of the Planning Commission.

2. General Plan Consistency. The Project is consistent with the Ukiah 2040 General Plan, including but not limited to the following Land Use Element and Economic Development Element goals and policies:
a. Land Use Goal LU-3 (Downtown), which seeks to improve and enhance the appearance and vibrancy of Downtown Ukiah and to create a high-quality place for residents, businesses, and visitors. The Project advances this Goal by aligning zoning designations with existing land uses, parcel configurations, and the established street grid. The result is a more cohesive and legible land use pattern across the Downtown and along the East Perkins Street corridor.
b. Land Use Policy LU-2.1 (Mixed-Use Downtown). The Project focuses the form-based standards of the DZC on the historic Downtown Core, where those standards are most effective. The Project removes parcels along the East Perkins Street corridor from the DZC so that commercial uses on those parcels may develop under standards better suited to their auto-oriented configuration and frontage. c. Land Use Goal LU-4 (Commercial Uses), which encourages the growth and development of retail, office, service, and entertainment uses in Ukiah to provide jobs, support City services, and make Ukiah an attractive place to live. The Project advances this Goal by restoring commercial zoning designations along the East Perkins Street corridor and by establishing development standards calibrated to existing commercial parcel configurations.
d. Goal ENV-1 and the Recreational (REC) Land Use Designation. The Recreation (REC) Zoning District implements the Recreational (REC) land use designation and establishes a regulatory framework to identify and protect lands with generally unrestricted access for public parks, quasi-public recreation facilities, trails, and private parks or recreation facilities.
e. Public Facilities, Services, and Infrastructure Goal PFS-12, including Policies PFS-12.1 and PFS-12.7. The Recreation (REC) Zoning District provides a regulatory mechanism to implement a connected park system and the Great Redwood Trail by identifying and D
Rail Depot, for trail corridors and active recreation.
managing lands along the railroad corridor, including the trail alignment and the Ukiah D

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f. Economic Development Goal ED-5, including Policies ED-2.1, ED-5.1, and ED-5.3. The Project promotes the local economy and diversifies tourist attractions by applying the Public Facilities (PF) zoning designation to the Mendocino County Superior Courthouse site to accommodate the new civic facility, its associated public parking, and pedestrian connections to the downtown core, maintaining existing outdoor recreation opportunities, and supporting the expansion of the regional trail network.

3. ZONING CONSISTENCY WITH GENERAL PLAN (GOV. CODE § 65860). The proposed zoning designations are consistent with the corresponding General Plan land use designations as follows: parcels designated Community Commercial (CC) are rezoned to Community Commercial (C-1); parcels designated Downtown Core (DC) retain or are incorporated into the Downtown Zoning Code (DZC) districts; parcels designated Public (P) are rezoned to Public Facilities (PF); parcels designated Recreational (REC) are rezoned to the Recreation (REC) Zoning District created by this Ordinance; and select parcels are rezoned to Heavy Commercial (C-2) consistent with their existing development patterns and applicable General Plan land use designations. Adoption of the Project establishes consistency between General Plan designations and zoning classifications throughout the Project Area.

4. AIRPORT LAND USE COMPATIBILITY. The Project is consistent with the Ukiah Municipal Airport Land Use Compatibility Plan, as determined by the Mendocino County Airport Land Use Commission in Resolution No. AC 2026-0001, adopted April 16, 2026. As reviewed by the Mendocino ALUC, the Project relates:
a. Noise: The Project area lies outside the 60 to 65 dB CNEL noise contours identified in UKIALUCP Exhibit 4-3, and no additional noise studies or mitigation are triggered by the rezoning at the programmatic level.
b. Height and Airspace: The C-1 and C-2 districts allow a maximum height of 50 feet, an increase from the existing DZC maximums of 28 feet (GU) and 42 feet (UC). Future development on rezoned parcels within FAA-defined airspace surfaces will be required to obtain FAA aeronautical study review and a No Hazard to Air Navigation determination prior to project approval, consistent with the City's established practice. c. Land Use Compatibility: The reclassification of parcels to PF and REC reflects lowintensity public and recreational uses that are compatible with airport operations. The two Mason Street parcels rezoned to C-2 reflect existing warehouse and commercial uses, which are generally airport-compatible and do not present noise sensitivity or density concerns.
d. Land Use Intensity and Density: The majority of parcels affected by the Project will see a reduction in maximum allowed residential density, transitioning from the Downtown Core (28 to 40 du/ac) to Community Commercial (15 to 28 du/ac) or to PF and REC designations that restrict residential uses. Three parcels within Compatibility Zone 4 (APN 002-272-16, APN 002-272-15, and APN 002-272-02) would be amended to designations allowing higher residential density relative to their current designation, but are currently developed with commercial and mixed-use structures and are not projected to redevelop at intensities exceeding applicable UKIALUCP thresholds.

e. All future development will be evaluated under the density allowances of the UKIALUCP D on a project-by-project basis.

5. CEQA COMPLIANCE. The Planning Commission finds that the Project has been reviewed in accordance with CEQA and the State CEQA Guidelines, and that:
a. The Project qualifies for streamlined environmental review pursuant to CEQA Guidelines Section 15183 and Public Resources Code Section 21083.3. The Project is consistent with the development density established by the Ukiah 2040 General Plan, for which the City certified an Environmental Impact Report (State Clearinghouse No. 2022050556).

No project-specific significant effects peculiar to the Project or its location have been identified that were not analyzed in the certified El R. b. All future discretionary development on parcels affected by the Project will be subject to site-specific CEQA review at the time of permit application, consistent with the City's existing development review procedures

6. PUBLIC HEALTH, SAFETY, AND WELFARE. The Project is necessary for the public health, safety, and welfare in that it: (a) aligns the City's zoning regulations with existing development patterns and with the General Plan; (b) clarifies development standards for property owners, applicants, and decision-makers; and (c) supports planned public investments, including the Mendocino County Superior Courthouse and the Great Redwood Trail.

7. PUBLIC NOTICE AND HEARING. All notices and hearings required by California Government Code Section 65090 and Ukiah City Code Section 9265 have been given and held in the time and manner required by law.

8. RECOMMENDATION TO CITY COUNCIL. Pursuant to California Government Code Sections 65855 and 65857, the Planning Commission hereby recommends that the City Council:
a. Find that the Project is consistent with the Ukiah 2040 General Plan and the Ukiah Municipal Airport Land Use Compatibility Plan;
b. Find that the Project has been reviewed in accordance with CEQA pursuant to CEQA Guidelines Section 15183 and Public Resources Code Section 21083.3, and, to the extent applicable, CEQA Guidelines Section 15061(b)(3);
c. Introduce and subsequently adopt an ordinance amending the Ukiah 2040 General Plan Land Use Map and Ukiah City Code Division 9, Chapter 2 to apply the comprehensive rezone and DZC boundary refinement shown on the maps and parcel list attached to the staff report; and add Article 11.6 to Division 9, Chapter 2 of the Ukiah City Code to establish and regulate the Recreation (REC) Zoning District; and

9. SEVERABILITY. If any provision of this Resolution or its application to any person or circumstance is held invalid by a court of competent jurisdiction, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision, and to that end the provisions of this Resolution are severable.

10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption.

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PASSED AND ADOPTED this 10 day of June 2026, by the Planning Commission of the City of Ukiah by the following roll call vote:

AYES: Commissioners Brown, Montano, and Vice Chair Johnson NOES: None
ABSTAIN: None
ABSENT: Commissioner Hilliker and Chair de Grassi
a er, AICP, Community Development Director
Johnson, Vice Chair, Planning Commission
ATTEST:
~kWv
Kristine Lawler, CMC
City Clerk

EXHIBITS
Exhibit A - Draft Ordinance
Exhibit B - Project Area Maps (Current and Proposed Zoning, Alternative Boundary) Exhibit C - identified Parcel List

EXHIBIT A D
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ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE UKIAH 2040 GENERAL PLAN LAND USE MAP AND DIVISION 9, CHAPTER 2, ARTICLE 18 OF THE

UKIAH CITY CODE TO IMPLEMENT DOWNTOWN ZONING CODE (DZC) BOUNDARY MODIFICATIONS, REZONE SPECIFIC PARCELS CONSISTENT WITH THE UKIAH 2040 GENERAL PLAN, AND ADDING ARTICLE 11.6 ESTABLISHING AND REGULATING THE RECREATION (REC) ZONING DISTRICT.

The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE. FINDINGS

1. The City Council of the City of Ukiah finds that the General Plan Amendment, Downtown Zoning Code (DZC) boundary modifications, comprehensive rezoning of specific parcels, and the establishment of the Recreation (REC) Zoning District (collectively, "the Project") implement and are consistent with the Ukiah 2040 General Plan, including but not limited to the following goals and policies:
• Land Use Goal LU-3, Policy LU-2.1, and Goal LU-4: The Project advances these goals by aligning zoning designations with existing land uses, restoring commercial zoning designations (C-1) along the East Perkins Street corridor, and refining the Downtown Zoning Code (DZC) boundary to focus form-based standards on the historic Downtown Core where those standards are most appropriate and effective. • Goal ENV-1 and Recreational Land Use Designation: The REC Zoning District implements the Recreational (REC) land use designation and establishes a regulatory framework to identify and protect lands with generally unrestricted access for public parks, quasi-public recreation facilities, trails, and private parks or recreation facilities.

Public Facilities Goal PFS-12 (Policies PFS-12.1 and 12.7): The REC Zoning District provides a regulatory mechanism to implement a connected park system and the Great Redwood Trail by identifying and managing lands along the railroad tracks, including the trail alignment and the Ukiah Rail Depot, for trail corridors and active recreation. • Economic Development Goal ED-5 (Policies ED-2.1, ED-5.1, and ED-5.3): The Project promotes the local economy and diversifies tourist attractions by applying the Public Facilities (PF) zoning designation to the Mendocino County Superior Courthouse site to accommodate the new civic facility, its associated public parking, and pedestrian connections to the downtown core, maintaining existing outdoor recreation opportunities, and supporting the expansion of the regional trail network.

2. The City Council finds that the proposed zoning designations are consistent with the corresponding General Plan land use designations as follows: parcels designated Community Commercial (CC) are rezoned to Community Commercial (C-1); parcels designated Downtown Core (DC) retain or are incorporated into the Downtown Zoning Code (DZC) districts; parcels designated Public (P) are rezoned to Public Facilities (PF); parcels designated Recreational (REC) are rezoned to the Recreation (REC) Zoning District created by this Ordinance; and select parcels are rezoned to Heavy Commercial (C-2) consistent with their existing development patterns and applicable General Plan land use designations.

Adoption of the Project establishes consistency between General Plan designations and D zoning classifications throughout the Project Area.

3. The City Council finds that the Project is consistent with the Mendocino County Airport Land Use Compatibility Plan (UKIALUCP). The reclassification of parcels to PF and REC reflects low-intensity public and recreational uses and restricts residential development, thereby complying with UKIALUCP density and safety criteria for Airport Influence Zones 4 and 6, fulfilling General Plan Policy LU-10.6. Furthermore, the majority of parcels affected by the DZC boundary modifications will see a reduction in maximum allowed residential density or maintain intensities that do not exceed applicable UKIALUCP thresholds.

4. The City Council finds that the Project promotes the public health, safety, and welfare by protecting recreational areas, supporting public and trail-oriented amenities, aligning the City's zoning regulations with existing development patterns and General Plan designations, clarifying development standards for property owners and applicants, facilitating contextappropriate infill development, and supporting planned public investments.

5. The City Council finds that the Project has been reviewed in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. The Project qualifies for streamlined environmental review pursuant to CEQA Guidelines Section 15183 and Public Resources Code Section 21083.3 because it is consistent with the development density, land use designations, and policy framework established by the Ukiah 2040 General Plan, for which the City previously certified an Environmental Impact Report (State Clearinghouse No. 2022050556). No project-specific significant effects peculiar to the Project or its location have been identified that were not previously analyzed in the certified EIR.

SECTION TWO.

A new Article 11.6, entitled "REGULATIONS IN RECREATION (REC) DISTRICT" is hereby added to Division 9, Chapter 2 of the Ukiah City Code and shall read as follows:
.§. 9149.1.PURPOSE.AND.INTENT ...

The purpose of the Recreation (REC) Zoning District is to provide, protect, and manage lands for public and private recreational facilities. This designation is intended to identify lands with generally unrestricted access for active and passive recreation, including parks, trails, sports fields, and associated amenities. The REC District is consistent with the Recreational (REC) Land Use Designation in the Ukiah 2040 General Plan .
. §. 9149.2.DEFINITIONS ....... .

For purposes of this Article, the words and phrases set out herein shall have the following meanings within the Recreation Zoning District:

ACTIVE SPORTS FACILITIES: Structured open spaces or facilities designed for organized athletic or recreational activities, including sports fields, courts, BMX tracks, swimming facilities, and similar uses.

BOARDWALKS AND ELEVATED WALKWAYS: Structures designed to provide pedestrian or bicycle access over environmentally sensitive areas while minimizing disturbance to natural features and hydrology.

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CULTURAL, HISTORICAL, OR ARCHAEOLOGICAL INTERPRETIVE FACILITIES: Facilities, exhibits, signage, or installations intended to interpret or communicate the cultural, historical, or archaeological significance of a site or feature.

TRA1LHEAD: A designated public access point to a trail system that may include parking, signage, restrooms, bicycle facilities, equestrian facilities, or similar amenities supporting trail use.

TRAIL, MULTI-USE: A public or private trail intended to accommodate multiple nonmotorized recreational users, including pedestrians, bicyclists, and equestrians where appropriate . . §. 9149.3.ALLOWED USES ..

The following uses are allowed by right in the REC District:
• Boardwalks and elevated walkways
• Community gardens
• Interpretive signage and educational kiosks
• Passive recreation
• Public parks and playgrounds
• Trails (Bicycle/Shared-Use, Equestrian, Multi-Use, Public, and Nature/Footpaths) _§_ 9149.4 PERMITTED. USES ........... .
• Active sports facilities (e.g., baseball fields, soccer fields, BMX tracks, and public pools) • Campground-Open-Space
• Commercial/private recreation (e.g., RV parks, golf courses, and country club facilities) • Cultural, historical, or archaeological interpretive facilities • Environmental education centers
• Park and recreation services
• Parking lot(s) serving trailheads or recreation areas • Recreational/civic structures (e.g., indoor recreation centers, restrooms, concession stands, and the Ukiah Rail Depot structure)
• Special events or temporary uses consistent with the recreation purpose and intent set forth in Section 9149.4 above
• Trailheads
.§ 9149.5,HEIGHT _LIMITS .....

A Primary structures: Maximum height of 25 feet.

B. Accessory structures: Maximum height of 15 feet or height of main building, whichever is less.

C. Improvements:

1. Non-obtrusive towers and equipment used exclusively for wildfire detection, emergency communications, or similar public safety purposes may exceed 25 feet. Any such increase above 25 feet would be subject to discretionary review, and must be the minimum increase necessary for operational effectiveness and designed to reduce visual and environmental impact.