TOWN OF MORAGA
REGULAR MEETING
January 12, 2022
Rovember, 191% MINUTES
6:30 p.m. Regular Meeting
TELECONFERENCED MEETING LOCATION ONLY
*COVID-19 NOTICE*
THIS MEETING WAS CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361), WHICH AUTHORIZED
TELECONFERENCED MEETINGS UNDER THE BROWN ACT, DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020.
THIS TELECONFERENCED MEETING WAS NECESSARY SO THAT THE TOWN COULD
CONDUCT ESSENTIAL BUSINESS AND WAS PERMITTED UNDER GOVERNMENT CODE SECTION 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND THE SAFETY OF ATTENDEES.
Consistent with Government Code Section 54953, this meeting was held via teleconference only, and was not physically open to the public. Town Councilmembers and staff teleconferenced into the meeting by audio and/or video. The meeting was conducted via Zoom Webinar.
CALL TO ORDER
The regular meeting was called to order at 6:31 p.m. by Mayor Renata Sos.
ROLL CALL
Councilmembers present: Mayor Renata Sos, Vice Mayor Sona Makker, and Councilmembers Mike McCluer, Teresa Onoda and Steve
Woehleke
Councilmembers absent: None
2. PLEDGE OF ALLEGIANCE
Councilmember Woehleke led the Pledge of Allegiance.
3. SPECIAL ANNOUNCEMENTS
There were no special announcements.
4. PROCLAMATIONS AND PRESENTATIONS
There were no proclamations or presentations.
PUBLIC COMMENTS AND SUGGESTIONS
Town Council Regular Meeting 1 January 12, 2022
Bobbie Preston, Moraga, Chair, Moraga Garden Club and Co-Founder of Moraga for Monarchs, reported the Moraga for Monarchs Project in Rancho Laguna Park was essentially complete. The Moraga Garden Club had expressed its appreciation to the Parks and Recreation and Public Works Departments, the Town Council and the Park Foundation for the support for the project which in turn stimulated a huge amount of support from the community. Rancho Laguna Park had experienced an increase in usage for its amenities including the new Monarch steel statue with the goal of engagement with the community and support of Monarch butterflies. The Moraga Garden Club offers docent tours daily and the Rancho Laguna Garden had been certified by Monarch Joint Ventures as a certified Monarch way station.
Ms. Preston asked the Mayor and the Town of Moraga to go public with its support and sign the National Wildlife Federation Mayors' Monarch Pledge, engaging six million people in restoring more than 6,500 acres of Monarch habitat in the United States, Mexico and Canada. She noted that by installing benches the Town had already met one of the three required goals for 2022.
More information was available at Moraga for Monarchs. The issuance of a proclamation by the Town would raise awareness about the decline of Monarch butterflies. She commented that many cities in the region had signed the pledge and she urged the Town Council to do the same making the Town a shining example of environmental awareness and community action.
Ms. Preston added the Moraga Garden Club and the Moraga Library were jointly establishing a community seed sharing project due to be available in mid-February at the Moraga Library.
Further, once Commons West Park was reverted back to the Town, she asked that the Town Council consider the establishment of a native wildflower meadow in the current grassy area.
Mike McCluer, Moraga, speaking as a resident and not a member of the Town Council, and as a member of Moraga Rotary Club, asked the Town Council to consider Moraga Community Service Day for its 2022 Town Council and Community Goals and Priorities, which event had been done successfully in the cities of Pleasant Hill and Walnut Creek for years. The objective was to identify projects that would improve the community and beyond with a focus on less fortunate seniors, schools, beautification of the Town and more, and which would be performed and completed by engaging residents and their families in a one to two day event in the fall. The project would be structured and managed by a Steering Committee consisting of Rotary, Kiwanis and Lions Clubs, the Moraga School District (MSD), Campolindo High School, Moraga Garden Club and potentially the Town and others. Information could be provided to the Town Council prior to or at the next Town Council meeting when the Town discussed its 2022 Town Council and Community Goals and Priorities.
6. ADOPTION OF CONSENT AGENDA
A. Acceptance of Consent Items
Consent Agenda Items 6.2, 6.3, 6.8, 6.9 and 6.11 were removed from the Consent Agenda.
PUBLIC COMMENTS OPENED
Mayor Sos reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Woehleke/McCluer) to adopt Consent Agenda Items 6.1, 6.4, 6.5, 6.6,
6.7, 6.10, and 6.12. Roll Call Vote: 5-0.
6.1 Receive Accounts Payable Claims for: 12/03/2021 Approved ($484,792.96); 12/17/2021 ($455,622.29); 12/30/2021
($42,983.96)
Town Council Regular Meeting 2 January 12, 2022
6.2 Approve Minutes for the Town Council Special Meeting on Removed October 12, 2021
6.3 Mayor and Vice Mayor Appointments Removed
Consider Resolution 6-2022 Approving Changes to the
Mayor and Vice Mayor Positions to Affirm Renata Sos as Mayor and Appoint Steve Woehleke as Vice Mayor, Effective
Immediately Until a Future Date No Later than May 25, 2022, at Which Time Vice Mayor Woehleke Shall Become Mayor and
Mayor Sos Shall Become Vice Mayor
6.4 Town Council Meeting Calendar for 2022 Approved
Approve by Motion the 2022 Town Council Meeting Calendar and Direct Staff to Schedule a Special Meeting if Needed
6.5 Town Council Designated Alternates Approved
Consider Resolution 1-2022 Designating Alternates to Serve as Standby Officers to Allow the Town Council to Reconstitute Itself in the Event of Emergency-caused Vacancies and Provide Continuity of Government and Rescinding Resolution 1-2021
6.6 Continue Local Emergency Due to Coronavirus (COVID-19) Approved Consider Resolution 2-2022 Renewing and Continuing the
Local Emergency Relating to COVID-19 as Proclaimed by the Director of Emergency Services on March 17, 2020 and Ratified by Town Council on March 23, 2020
6.7 MIG Contract Amendment Approved
Consider Resolution 3-2022 Amending the Consultant
Services Agreement with MIG Incorporated to Extend the Term for One Year and Increase Compensation for an Additional Amount of $100,000 for a Total Amount Not to Exceed $125,000 for Contract Planning Services and Authorizing the Town Manager to Execute the Amendment to the Consultant Services Agreement
6.8 Transportation Development Grant Removed
Consider Resolution 7-2022 Authorizing the Submittal of an Application for 2022-2023 Fiscal Year Transportation
Development Act (TDA) Article 3 Grant for Pedestrian and Bicycle Safety Improvements on Camino Pablo and Authorizing Town Manager to Execute Application
6.9 PlaceWorks Contract for GIS Amendment Removed
Consider Resolution 8-2022 Approving a First Amendment
to Consultant Services Agreement with PlaceWorks to Extend the Term of the Agreement for an Additional Two Years, Amend the Scope of Work and Increase the Compensation for an Additional $41.020 for a Total Maximum Amount Not to Exceed $96,763 to Continue Maintenance of the Online Geographic Information System (GIS) and Provide G/S Support on Special Projects for the Town and Authorizing the Town Manager to Execute the First Amendment to the Consultant Services Agreement
Town Council Regular Meeting 3 January 12, 2022
Local Agency Investment Fund (LAIF) Designees Approved
Consider Resolution 4-2022 Authorizing the Designation of the Town Manager, Administrative Services Director and Police Chief Positions to be Authorized to Order the Deposit or Withdrawal of Monies from the Local Agency Investment Fund (LAIF)
6.11 Town Facility Energy Generation Study Removed
Consider Resolution 9-2022 Awarding a Professional
Services Agreement for Study Services to Clean Coalition (Santa Barbara, CA) in a Total Amount Not to Exceed $66,000 for Town Facility Energy Generation Study (CIP 21-109) Project ($60,000) and 10% Contingency ($6,000); and Authorizing the Town Manager to Execute the Agreement (CEQA Status:
Categorically Exempt
6.12 Continue Use of Teleconferenced Meetings Approved
Consider Resolution 5-2022 Approving the Continued Use of Teleconferencing for the Meetings of the Town Council and all Committees and Commissions Pursuant to the Provisions of Assembly Bill 361
B. Consideration of Consent Items Removed for Discussion
1. Approve Minutes for Town Council Special Meeting on October 12, 2021 Councilmember McCluer referenced the comments shown at the bottom of Page 7 of the October 12, 2021 Special Meeting Minutes and was uncertain of the accuracy of the comments.
He asked staff to re-listen to the Livestream and return the item at the next meeting.
PUBLIC COMMENTS OPENED
Mayor Sos reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (McCluer/Sos) to continue the Approval of the Minutes for the Town Council Special Meeting on October 12, 2021 to the next meeting of the Town Council. Roll Call Vote: 5-0.
2. Mayor and Vice Mayor Appointments
Consider Resolution 6-2022 Approving Changes to the Mayor and Vice Later than May 25, 2022, at Which Time Vice Mayor Woehleke Shall Become Mayor and Mayor Sos Shall Become Vice Mayor
Mayor Sos stated she had removed the item from the Consent Agenda to allow for any public comment.
PUBLIC COMMENTS OPENED
Mayor Sos reported no comments had been received for this item.
Town Council Regular Meeting 4 January 12, 2022
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Sos/McCluer) to adopt Resolution 6-2022 Approving Changes to the Mayor and Vice Mayor Positions to Affirm Renata Sos as Mayor and Appoint Steve Woehleke as Vice Mayor, Effective Immediately Until a Future Date No Later than May 25, 2022, at Which Time Vice Mayor Woehleke Shall Become Mayor and Mayor Sos Shall Become Vice Mayor. Roll Call Vote: 5-0.
Mayor Sos announced that Councilmember Woehleke was now the Vice Mayor moving forward.
Transportation Development Grant
Consider Resolution 7-2022 Authorizing the Submittal of an Application for 2022-2023 Fiscal Year Transportation Development Act (TDA) Article 3 Grant for Pedestrian and Bicycle Safety Improvements on Camino Pablo and Authorizing Town Manager to Execute Application
Councilmember McCluer explained he had removed the item from the Consent Agenda since there was a request for new funding which was substantial and had not been granted in the past for the 2022/2023 Fiscal Year; however, Town Manager Battenberg clarified that no funding was being requested at this time although the Town Council would be asked to take action to appropriate the funds in the next year's budget if the grant was awarded to the Town.
Councilmember McCluer again expressed concern with the item and believed it should not have been on the Consent Agenda. He thought it would be better to discuss the item at the time the Town Council discussed the Operating and Capital Improvement Program (CIP) budgets.
Ms. Battenberg explained that staff had a conversation with the Superintendent of the MSD about evaluating the needs of the community with a focus on traffic safety, a Town Council goal, and based on that information, had developed the proposed project and grant application. The grant offered an opportunity for the Town to do a MSD high priority traffic safety project at a local school.
Public Works Director/Town Engineer Shawn Knapp clarified the item was a request for the Town Council to support the application for a grant. If the Town was successful in obtaining the grant, the Town Council could then decide whether to continue with the project and to what degree it should be funded. The project would have a three-year window for completion and could be scheduled pursuant to the priorities of the community and the Town Council. The Town Council could be apprised of the status of the grant application which was due to be considered in May/June 2022. The grant application could be pulled if so directed by the Town Council but if the Town was lucky enough to obtain the grant, the project could be scheduled in the three-year time period subject to the Town's priorities.
PUBLIC COMMENTS OPENED
Mayor Sos reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (McCluer/Onoda) to adopt Resolution 7-2022 Authorizing the Submittal of an Application for 2022-2023 Fiscal Year Transportation Development Act (TDA) Article 3 Grant for Pedestrian and Bicycle Safety Improvements on Camino Pablo and Authorizing Town Manager to Execute Application. Roll Call Vote: 5-0.
4. PlaceWorks Contract for GIS Amendment
Town Council Regular Meeting 5 January 12, 2022
Consider Resolution 8-2022 Approving a First Amendment To Consultant Services Agreement with PlaceWorks to Extend the Term of the Agreement for an Additional Two Years, Amend the Scope of Work and Increase the Compensation for an Additional $41,020 for a Total Maximum Amount Not to Exceed $96,763 to Continue Maintenance of the Online Geographic Information System (GIS) and Provide GIS Support on Special Projects for the Town and Authorizing the Town Manager to Execute the First Amendment to the Consultant Services Agreement
Vice Mayor Woehleke explained he had removed the item from the Consent Agenda to ensure that residents were aware the Online Geographic Information System (GIS) was available to the public with a link on the Town website. He had extensive experience using the GIS which had been very beneficial and had also accessed the County GIS, and he found the two systems correlated well. He asked why the Town had its own GIS which must be maintained as opposed to using the County GIS. He also asked whether the Town's GIS would include information on storm drains that would be available to the public.
Associate Planner Brian Horn stated that the Contra Costa County GIS did not have the Town's zoning or General Plan layer and the County website included limited information on homes in Moraga.
Ms. Battenberg commented the Town's GIS also included significant information regarding the public works infrastructure.
Mr. Knapp confirmed that as the Town increased its GIS capabilities, storm drain information would be added and made available to the public.
PUBLIC COMMENTS OPENED
Mayor Sos reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Woehleke/Onoda) to adopt Resolution 8-2022 Approving a First Amendment to Consultant Services Agreement with PlaceWorks to Extend the Term of the Agreement for an Additional Two Years, Amend the Scope of Work and Increase the Compensation for an Additional $41,020 for a Total Maximum Amount Not to Exceed $96,763 to Continue Maintenance of the Online Geographic Information System (GIS) and Provide GIS Support on Special Projects for the Town and Authorizing the Town Manager to Execute the First Amendment to the Consultant Services Agreement. Roll Call Vote: 5- Town Facility Energy Generation Study
Consider Resolution 9-2022 Awarding a Professional Services Agreement for Study Services to Clean Coalition (Santa Barbara, CA) in a Total Amount Not to Exceed $66,000 for Town Facility Energy Generation Study (CIP 21-109) Project ($60,000) and 10% Contingency ($6,000) and Authorizing the Town Manager to Execute the Agreement (CEQA Status:
Categorically Exempt)
Vice Mayor Woehleke stated he had removed the item from the Consent Agenda given that the contractor's recommended proposal as outlined in the staff report significantly deviated from the original approved project. He had submitted written comments to staff outlining his concerns.
Staff had responded and there had been a subsequent discussion with Vice Mayor Woehleke.
Town Council Regular Meeting 6 January 12, 2022
Vice Mayor Woehleke continued to explain that he understood the scope of work in the contract to be signed would be aligned with the original approved project work scope, to be worked out with the contractor. He thanked staff for taking the time to meet with him to discuss his concerns.
In response to Councilmember Onoda, Vice Mayor Woehleke detailed the deviations from the originally approved project. He wanted it known the Town received almost all of its power from Marin Clean Energy (MCE), which was 80 percent clean and potentially up to 100 percent clean which may impact the study. His objective was to ensure the contract was good for both parties and there was no confusion with respect to the scope of work.
Mr. Knapp advised that the Founders of both Clean Coalition and HERWIT Engineering were present via Zoom to respond to any questions. Mr. Knapp had discussed the proposal with both firms in detail and highlighted their experience and knowledge of the field. The language in the contract would reflect the details and scope in the RFP. Both Founders had stated they were comfortable with what had been outlined in the RFP.
Mayor Sos understood all parties were in agreement that the contract would provide for the backup piece of the scope of work included in the RFP.
Craig Lewis, Founder and Executive Director, Clean Coalition, confirmed that all combinations and permutations that had been called out in the RFP would be evaluated. He cited Page 7 of 23 of the proposal from Clean Coalition which identified the key findings and the scenarios to be evaluated. Everything would be compared to the "business as usual" scenario as a baseline (continuing to purchase power from MCE) in order to make recommendations to the Town Council, which would make its decision from there.
PUBLIC COMMENTS OPENED
Mayor Sos reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Woehleke/Onoda) to adopt Resolution 9-2022 Awarding a Professional Services Agreement for Study Services to Clean Coalition (Santa Barbara, CA) in a Total Amount Not to Exceed $66,000 for Town Facility Energy Generation Study (CIP 21-109) Project ($60,000) and 10% Contingency ($6,000) and Authorizing the Town Manager to Execute the Agreement (CEQA Status: Categorically Exempt). Roll Call Vote:
[5-0.
ADOPTION OF MEETING AGENDA
PUBLIC COMMENTS OPENED
Mayor Sos reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Woehleke/Onoda) to adopt the Meeting Agenda, as shown. Roll Call Vote: 5-0.
REPORTS
A. Mayor's and Councilmembers' Reports
Town Council Regular Meeting 7 January 12, 2022
Mayor Sos - Reported she had attended a meeting of the County Connection Board of Directors; Mayors' Conference, and the Lamorinda Program Management Committee (LPMC) and briefed the Council on all discussions.
Vice Mayor Woehleke - Reported he had attended the Moraga-Orinda Fire District (MOFD) Board of Directors meeting, at which time the MOFD Board had approved the execution of the California Department of Forestry and Fire Protection Tunnel East Bay Hills Fuel Break Grant of almost $4 million. He detailed the project that would take years to implement. He had also attended a Special Meeting of the Town Council.
Councilmember Onoda asked that a presentation be made to the Town Council on the California Department of Forestry and Fire Protection Tunnel East Bay Hills Fuel Break Project.
Councilmember McCluer - Reported he had spoken with a number of residents about the December 8, 2021 Town Council meeting; attended the Moraga Chamber of Commerce Board meeting and briefed the Council on the discussions; and reported that the federal government announced that interest hikes would occur throughout the year which would have a financial impact on the Town.
Councilmember Makker - Reported she was focusing on continuing to meet groups and individuals in the community and had received an invitation from the Moraga Garden Club. She looked forward to the Council Committee assignments as another way to participate and connect with the community at large.
B. Town Manager Update - Town Manager Battenberg introduced the new Administrative Services Director Annie To, to the Town Council.
Administrative Services Director Annie To introduced herself to the Town Council.
She was pleased to work with Town staff, serve the Town, and looked forward to working with the Town Council.
The Town Council welcomed Ms. To to the Town of Moraga.
Ms. Battenberg also reported the Canyon Road Bridge would reopen to two-way traffic on Thursday, January 20, 2022 at 10:00 a.m. with a Ribbon Cutting ceremony, refreshments and that participants should park on Camino Pablo.
Everyone was invited to attend with all COVID-19 protocols to be followed.
Applications for vacancies on all Town Boards and Commissions were being accepted and the Buy-a-Bulb campaign continued with the goal to raise $6,000.
The Americans with Disabilities Act (ADA) project was underway at the Hacienda de las Flores and the improvements by Wedgewood Weddings were proceeding, with an Open House anticipated in the spring. Staff also had ongoing meetings as part of the outreach efforts for the Housing Element, and there had been a challenge with graffiti and vandalism in the community. Anyone with information was encouraged to contact the Moraga Police Department.
In response to the Council, Chief of Police Jon King reported the graffiti and vandalism was occurring all over Town. The Moraga Police Department was evaluating camera footage in the hopes of apprehending the suspects).
Ms. Battenberg clarified the Canyon Road Bridge reopening would include the following speakers: Mayor Sos, Contra Costa County Board of Supervisors Candace Andersen, a representative from Caltrans and the President of the Contra Town Council Regular Meeting 8 January 12, 2022
Costa Transportation Authority (CCTA). All Councilmembers were encouraged to be present for the Ribbon Cutting ceremony.
9. PUBLIC HEARINGS
A. Model Water Efficient Landscaping Ordinance
Conduct a Public Hearing and Consider Waiving the First Reading and Introducing by Title Only an Ordinance Amending Title 8, Planning and Zoning, Establishing Chapter 8.178 - Model Water Efficient Landscaping, in Order to Require Water Efficient Landscaping Design and Irrigation Practices Consistent with the Requirements of the State of California. (CEQA Determination: Exempt Pursuant to CEQA Guidelines Section 15061[b][3] - General Rule Exemption) Planning Director Afshan Hamid introduced the Model Water Efficient Landscaping Ordinance (MWELO), a State law as of 2015 and part of the Town's Climate Action Plan (CAP) and Town Council Goals. She reported that recent Article 8 of Senate Bill (SB) 1383 required MWELO compliance as related to compost and mulching as of January 1, 2022. As part of RecycleSmart, (the Contra Costa County agency coordinating implementation of SB 1383 efforts with all jurisdictions), staff submitted reports on an annual basis although the Town had not yet adopted the Ordinance. Adoption of the Ordinance would allow the alignment of practices that were already being conducted.
The purpose of the MWELO was to prevent water from being wasted on irrigation landscapes, encourage native plants and groupings of plants in accordance with water usage, and use smart principles for irrigation and conservation.
Ms. Hamid clarified the staff report had stated that staff had submitted annual reports to the Department of Water Resources (DWR) since 2015, however the report for 2019 may have been misplaced since the DWR had been switching systems at that time and staff was going back to research that report. Staff was also trying to get clarification whether the 2020 report had been submitted. Many cities and jurisdictions were in the same predicament. The 2021 report would be submitted to DWR in about a month's time.
Assistant Planner Mio Mendez provided a PowerPoint presentation on MWELO, which had been reviewed by the Planning Commission on January 4, 2022. The Planning Commission had submitted a recommendation to the Town Council for the adoption of the Ordinance as drafted with a clarification of the intent to conform to State legal requirements outlined in the staff report.
He asked the Town Council to consider waiving the first reading and introduce by title only the Ordinance as provided in Attachment A.
Responding to the Council, Mr. Mendez, Ms. Hamid, Ms. Battenberg and Assistant Town Attorney Bazzano clarified the following:
• SB 1383 triggered the implementation of MWELO which had been required by State law in 2015. SB 1383 regulations had been adopted by CalRecycle and had become effective January 1, 2022. As part of the regulations cities and counties were required, among other things, to adopt an enforceable mechanism either a resolution or in this case an Ordinance, which included the MWELO standards. Jurisdictions were to have adopted some type of enforcement mechanism by January 1, 2022 and many jurisdictions were working to conform as quickly as possible.
Town Council Regular Meeting January 12, 2022
• CalRecycle regulations included penalty provisions. If a jurisdiction did not comply with SB 1383 and its various requirements, CalRecycle may enforce those requirements with penalties ranging from $500 up to $10,000 depending on the violation. • SB 619, "organic waste, reduction regulations, local jurisdiction compliance," had been signed into law at the end of 2021. A jurisdiction may avoid the payment of penalties by applying for relief as part of the SB 619 criteria.
• The cities of Lafayette and Orinda were also in the process of the adoption of MWELO. • When landscaping or civil drawings were submitted, self-certification would be requested.
Most of the applications that would trigger MWELO would be for much larger projects, such as a new subdivision which would have architects and a civil engineer employed regardless. The criteria for MWELO was as follows: New construction projects with an aggregate landscape area equal to or greater than 500 sq. ft. New construction is defined as a new building with a landscape or other new landscape, such as a park, playground or greenbelt without an associated building. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet. Rehabilitated landscape is defined as any re-landscaping project that requires a permit, plan check, or design review, and the modified landscape area (all planting areas, turf areas, and water features) is equal to or greater than 2,500 square feet. • MWELO would not impact the typical Moraga homeowner unless the project met the criteria to trigger MWLEO.
• The MWELO criteria were already in place and had been in place since 2015. This action would secure the requirements through the Town's processes. • All Moraga residents, including multi-family residents, were now offered composting services/collection as were commercial businesses. This was part of RecycleSmart's efforts. Additionally, the Town continued to upgrade its building codes to ensure that multi- family and commercial buildings accommodated trash enclosure requirements.
PUBLIC HEARING OPENED
Lynda Deschambault, Moraga, thanked the Town Council for bringing this item into compliance.
As the Executive Director of Contra Costa County Climate Leaders (4CL), she described an annual 4CL report that the Town of Moraga ranked 13 out of 19 jurisdictions in Contra Costa County related to water usage. She expressed concern the Ordinance included terms such as "consider" and "encourage" and the Town had not reached any measurable requirements. She asked the Town to consider revising the term "consider" to read "require." She encouraged the Town Council to move forward with the Ordinance and consider making the language changes she had requested.
PUBLIC HEARING CLOSED
Councilmember Onoda reported she and the Mayor were the Council appointments to RecycleSmart where SB 1383 had been discussed at length. She advised that the Town Council would be receiving a future presentation from RecycleSmart. She found that MWELO was moving in the right direction and urged the Council to look at the City of Martinez's efforts.
Vice Mayor Woehleke expressed concern with the imposition of new regulations since he believed that society was overregulated. He advocated for water conservation, had listened to the January 4, 2022 Planning Commission discussions, and supported the item. He did have Town Council Regular Meeting 10 January 12, 2022
concerns that whether a typical homeowner building a new home would be able to keep the landscaping under 2,500 square feet but he saw value in MWELO.
Councilmember Makker appreciated the clarification that the MWELO guidelines were not as onerous as she had initially thought at the outset of the discussion. She recognized that SB 1383 would have quite a few requirements that would impact all cities, with more information to come.
She was comfortable moving forward with this item.
Councilmember McCluer found the case had been made that most homeowners would not be impacted.
ACTION: It was M/S (Onoda/Makker) to waive the First Reading and Introduce by Title Only an Ordinance Amending Title 8, Planning and Zoning, Establishing Chapter 8.178 - Model Water Efficient Landscaping, in Order to Require Water Efficient Landscaping Design and Irrigation Practices Consistent with the Requirements of the State of California. (CEQA Determination: Exempt Pursuant to CEQA Guidelines Section 15061[b][3] - General Rule Exemption). Roll Call Vote: 5-0.
Mayor Sos declared a recess at 8:01 p.m. The Town Council reconvened at 8:06 p.m. with all Councilmembers and staff present via Zoom.
10. ORDINANCES, RESOLUTIONS AND REQUESTS FOR ACTION
A. Town's Strengths, Weaknesses, Opportunities and Threats Analysis Receive a Report and Discuss the Town of Moraga's Strengths, Weaknesses, Opportunities and Threats Analysis
Ms. Battenberg reported the staff executive team had recently completed an analysis to identify the Town's strengths, weaknesses, opportunities and threats (SWOT) to assist the Council in better understanding the organization, and specifically the opportunities available to improve operations and the level of service provided to the community. She provided a PowerPoint presentation with an overview of the SWOT Analysis as detailed in the staff report. She asked the Town Council to receive and discuss the report and consider the projects staff had identified for inclusion as 2022 Council and Community Goals including:
• Develop Palos Colorados and Town-wide Recreation and Open Space Plan; • Increase public outreach and community engagement;
• Total of $4.2 million in American Rescue Plan Act (ARPA) funds available for revenue loss and to repair and maintain the public storm drain system; • Fund Phase II of the Advanced Planning Initiative to complete the Bollinger Canyon (BC) Rezone and Update the Town's General Plan;
• Refinance 2013 Certificates of Participation (COPs) in April 2023; • Implement Facility Generation and Energy Efficiency Study Recommendations; and • Allocate Measure K General Fund revenue to unfunded infrastructure needs.
Responding to the Council, Ms. Battenberg explained one of the opportunities that had been identified was to increase legal and planning collaboration on land use issue, with staff to work proactively with Burke, Williams & Sorensen on planning applications at the time of submittal, with the work to be done up front strategically to better understand the legal obligations, options and strategies to be brought to the Town Council for consideration as they moved through some of the more challenging applications such as the Housing Element and Bollinger Canyon Rezone.
In the past, the approach had been more reactive to prevent the payment of unnecessary legal fees.
Town Council Regular Meeting 11 January 12, 2022
Ms. Battenberg clarified the SWOT Analysis had not been a Town Council assignment, but a report by staff based on the executive team members' experience, education and time with the Town.
As to the potential savings due to Wedgewood Weddings taking over the events at the Hacienda, Ms. Battenberg explained that staff's recommendation had never been to reduce positions but to repurpose the funds for other community needs that were not being met. She confirmed future discussions would include the Town Council Goal Setting Session, mid-year budget adjustment process, use of ARPA funds, and potentially how to handle the use of Palos Colorados funds, and she suggested it was a good time to consider thinking strategically about the use of those funds all culminating with the budget process.
Ms. Battenberg again clarified the recommendations to consider as 2022 Town Council Goals Develop Palos Colorados and Town-wide Recreation and Open Space Plan and Refinancing 2013 Certificates of Participation (COPs) in April 2023, and that the details for each recommendation had been outlined in the staff report. No decision would be made at this time in that the SWOT Analysis was an informational presentation to the Town Council.
PUBLIC COMMENTS OPENED
Suzanne Jones, Preserve Lamorinda Open Space (PLOS), was encouraged to see that the Town was in a financial position to consider how to enhance the aspects of the Town that made it a great place to live. She reported that PLOS supported a portion of the use of Palos Colorados funds for a comprehensive Town-wide Recreation and Open Space Plan as staff had described since the reason for the funds was due to the elimination of the golf course from the housing development. She noted the importance of leveraging the funds for projects already underway and reported the John Muir Land Trust (JMLT) was currently raising funds to purchase the Harvey Ranch in the Town of Moraga, which would open 143 new acres of Moraga's open space for public access. If the Town moved forward with this plan, she asked that the Town also consider using the funds for more plant and wildlife restoration projects on its own parks similar to the Moraga Garden Club's successful Monarch Garden at Rancho Laguna Park.
Lynda Deschambault, Moraga, suggested the SWOT Analysis was a run up to the Town Council Goals and Priorities discussion, although the Town's staff had not included a mention of the climate crisis and resilient community as a threat, as were all the threats staff had identified which had stemmed from that crisis. She provided some history on Palos Colorados Fund 100 for recreation and open space. She described the work that had been done with the Palos Colorados regulatory agencies to create the plan for Palos Colorados, and while not clearly marked in writing, many had been assumed the money would be used for open space given the elimination of the golf course from the development plan. She suggested the Palos Colorados funds be used for the Harvey Ranch and Mulholland Ridge and supported the opportunity for the JMLT to manage the land. She asked the Town Council not to use the Palos Colorados funds for loans and unfunded pension liability.
The following speaker offered written comments which were read into the record:
Karen Chin, Moraga, Dear Members of the Moraga Town Council, I support creation of a Palos Colorados Recreation and Open Space Plan and ask that it include funding to support acquisition of the Harvey Ranch as well as support for the Moraga Garden Club's native plant and wildflower projects within the Town existing parks. Thank you.
PUBLIC COMMENTS CLOSED
Councilmember McCluer thanked staff for the SWOT Analysis. He liked the goal to Develop Palos Colorados and Town-wide Recreation and Open Space Plan but acknowledged the lack of Town Council Regular Meeting 12 January 12, 2022
staff resources. He also commented on the reference to various Master Plans and cited the 2013 Livable Moraga Road Project. While the community had provided its input on community needs in the past, he was leaning towards current resident input rather than reliance on past documents which may not be relevant today.
Councilmember McCluer also commented that while it was technically correct there were no restrictions on the use of Palos Colorados funds, be believed the Palos Colorados funds were always intended for recreational projects. He stated this situation was similar to the use of the Measure K funds which could be spent on anything, it was known that the campaign for supporting Measure K was for roads and infrastructure.
Councilmember McCluer was pleased about the recent update that the federal government would loosen its restrictions on the use of ARPA funds. In June 2021, the Town Council had unanimously directed staff to create an agenda item to discuss the use of Measure K funds, which had been postponed until such time as there were five members on the Town Council. He hoped to see that item agendized as soon as possible.
As to the goal to Refinancing 2013 Certificates of Participation (COPs) in April 2023, Councilmember McCluer believed that the Town may be running of time and volunteered his time to work with staff as a volunteer to make this happen given his concerns the opportunity may disappear.
Vice Mayor Woehleke thanked staff for the SWOT Analysis which he found to be instructive, although he sought more details in some areas given the upcoming discussion of Town Council Goals and the budget for 2023. He pointed out that a survey of Moraga residents had not occurred in the Town for years other than the effort Councilmember McCluer had pursued in 2021 as part of his engagement process with the community as Mayor. He emphasized the need to recognize that the demographics of the Town had changed over the years and that must be taken into account.
Vice Mayor Woehleke also commented that during his 2018 campaign for the Town Council, he had asked citizens of their priorities, and while there was a range of priorities identified, the Town Council had the role to take that input via surveys and make policy incorporating that input and intelligently applying that information.
Councilmember Onoda also thanked staff for the SWOT Analysis and agreed there was an obligation to hear what residents had to say, particularly related to the use of Palos Colorados funds. Referencing the 2013 community survey, she stated that response time to 911 calls had been the most important item of concern while the third most identified priority was the protection and preservation of open space. She commented that the Parks Master Plan had been completed in 2007, and while she acknowledged some things in Moraga had changed, the flat land of the Town had not, and a sports field would be a challenge that the Town had an obligation to figure out.
Councilmember Onoda cited one of the threats Proliferation of misinformation through unofficial channels regarding Town business and agreed the Town had responsibility to act on that. She also supported the comments offered by the members of the public and agreed the Town had an obligation to preserve open space and the importance of connectivity of the Town's trails, which was a branding opportunity for the Town.
Councilmember Onoda supported the opportunity to Fund phase Il of the Advanced Planning Initiative to complete update of the Town's General Plan and the Bollinger Canyon Rezone and possibly pay some of the pension liability and infrastructure needs, which were all important. She looked forward to discussing what pots of funds best met those needs. As to the use of Palos Town Council Regular Meeting 13 January 12, 2022
Colorados funds, she agreed the spirit had always been for open space and recreation as the use of Measure K funds had been for roads and infrastructure.
Councilmember Makker commented she would be educating herself on the issue related to the use of Palos Colorados funds and she thanked staff and the Council for the information provided.
She supported public outreach which was important for healthy discourse and to combat misinformation and agreed with how it had been outlined and framed in the SWOT Analysis.
While outreach to Town businesses was a priority, she asked that the increased opportunity for outreach also consider amplification of every voice in every pocket of the community. She was excited to see the focus and effort around trying to be strategic around Town businesses but asked that the Council also think about amplifying other messages that tied into the efforts around diversity, inclusion and other perspectives as the demographics of the Town had shifted.
Mayor Sos was enthusiastic about the public outreach piece, including but not limited to modernizing the way the Town communicated with the community, and reaching pockets of the community that were not being reached and providing communication in a way that was contemporary, accessible, in short snippets of time, and which may include a survey component such as using social media and getting information in real time. She wanted the Town Council to consider the funds that were offering an opportunity to have this conversation and the policy question before them was how to look at this, such as the use of the Palos Colorados and ARPA funds, which were one-time funds, and how to prioritize the use of those funds.
While the restrictions on the use of the ARPA funds had loosened, Mayor Sos was in favor of looking first at the aging infrastructure needs, asset replacement and things on Appendix 3 of the CIP, which had been deferred each year. Also, pension liability was now in scope, and she was interested in ensuring the Town was fully funded for the Advanced Planning Initiative and the Bollinger Canyon Rezone, with possibly a contingency to ensure they were not having to supplement. Fire abatement on Town property and communication and outreach was also important. She pointed out the SWOT Analysis had not included the evacuation route issue and asked whether the Council should be thinking outside the box. While not entirely in the control of the Town Council, something must be done. She thanked the Town Manager for the information and for putting the ideas out there sooner rather than later allowing for input.
B. AB 1600 Development Impact Fees Report
Review, Accept and File AB 1600 Development Impact Fees Annual report for the Fiscal Year Ended June 30, 2021 and Make Findings Regarding Funds Collected but not Expended
Ms. Battenberg provided a PowerPoint presentation on AB 1600 Development Impact Fees Report and asked that the Town Council review, accept and file AB 1600 Development Impact Fees Annual Report for the fiscal year ended June 30, 2021.
PUBLIC COMMENTS OPENED
Mayor Sos reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Woehleke/Onoda) to Accept and File AB 1600 Development Impact Fees Annual Report for the Fiscal Year Ended June 30, 2021 and Make Findings Regarding Funds Collected but not Expended. Roll Call Vote: 5-0.
C. Town Council Representative Appointments
Town Council Regular Meeting 14 January 12, 2022
Consider and Appoint Town Council Representatives to Committees and Boards for 2022
Representatives to Committees and Boards for 2022 are as follows*:
*(Based on nominations from the Mayor)
Standing Committee First Appointment Second Appointment AFC (Audit and Finance Committee) McCluer Sos
Ad Hoc Committees
MOD/Moraga/Orinda
Joint Fire Prevention Ad Hoc
Committee*
*(Committee has sunset as of June 2021)
Diversity and Inclusion Ad McCluer Makker
Hoc Committee
Liaisons
Association of Bay Area Governments (ABAG) Woehleke Sos Acalanes Union High School District (AUHSD) McCluer Onoda (Alternate) Liaison
Contra Costa Mayors' Conference Sos Woehleke (Alternate) EBMUD Liaison Woehleke Makker (Alternate)
League of California Cities Sos Woehleke (Alternate)
East Bay Division
Moraga Chamber of Commerce Liaison McCluer Onoda (Alternate) Moraga-Orinda Fire District (MOFD) Liaison Woehleke McCluer (Alternate) Moraga School District (MSD) Liaison McCluer Onoda (Alternate) Moraga Youth Involvement Committee (MYIC) Onoda Makker (Alternate) Saint Mary's College (SMC) Liaison Onoda Makker
Voting Delegate/Boardmembers
RecycleSmart Sos Onoda
CCCSWA- Central Contra Costa Solid
Waste Authority
League of California Cities (LCC) Delegate Woehleke Sos (Alternate) CCCTA - Central Contra Costa Transit McCluer None
Authority Board (County Connection)
Lamorinda School Bus Transportation Agency Makker Sos (Alternate) (LSBTA)
SWAT/LPMC/LFFA Sos McCluer (Alternate)
(South West Area Transportation Planning
Committee; Lamorinda Program Management Committee;
Lamorinda Fee & Financing Authority)
(RTPC Regional Transportation Planning Committee)
Marin Clean Energy (MCE) Onoda Sos (Alternate)
Town Council Regular Meeting 15 January 12, 2022
Non-Council Appointments
None at this time
Non-Council Liaisons
Art in Public Spaces Committee Onoda Makker
CCCTA - CAC
County Connection Advisory Committee Jim Yu None
CCMVCD James Frankenfield None
(Contra Costa Mosquito & Vector Control District)
Library Commissioner for Moraga Sarah Morgan Janette Maher (Alternate) CCTA - CAC Larry Rosenberg None
(Contra Costa Transportation Authority -
Citizens' Advisory Committee)
ACOA Marty Aufhauser None
(Contra Costa County Advisory Council on Aging)
Mayor Sos advised the Town Council Representative Appointments would be brought back at the next meeting of the Town Council as a Consent Agenda item for adoption.
PUBLIC COMMENTS OPENED
Mayor Sos reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
11. DISCUSSION ITEMS
There were no Discussion Items.
12. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
ACTION: It was M/S (Sos/Woehleke) to Request a Future Agenda Item to Consider the Approval of a Proclamation Supporting the National Wildlife Foundation Mayors' Monarch Pledge. Roll Call Vote: 5-0.
ACTION: It was M/S (Sos/McCluer) to Request a Future Agenda Item to Discuss Whether to Extend the Inclusion and Diversity Ad Hoc Committee Which Would Sunset in June 2022. Roll Call Vote: 5-0.
13. COMMUNICATIONS
Councilmember McCluer requested the Mayor outline the process for the Town Council Goal Setting Session scheduled for the next meeting of the Town Council but Ms. Bazzano explained that this section of the agenda was typically held for written communications for Town Council information and not used as a portion of the agenda to have communications. The information was received and no action was required.
14. ADJOURNMENT
Town Council Regular Meeting 16 January 12, 2022
ACTION: It was M/S (McCluer/Woehleke) to adjourn the meeting at 9:39 p.m. Roll Call Vote:
Respectfully submitted by:
Ment C. mabitus
Marty C. Melnturf, Town Clerk
Approved by the Town Council:
Renata M. Sos, Mayor
Town Council Regular Meeting January 12, 2022