TOWN OF MORAGA
REGULAR MEETING
February 23, 2022
Rovember, 1914 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 6:30 p.m. by Mayor Renata Sos.
ROLL CALL
Councilmembers present: Mayor Renata Sos, Vice Mayor Steve Woehleke, and Councilmembers Sona Makker, Mike McCluer and Teresa Onoda Councilmembers absent: None
2. PLEDGE OF ALLEGIANCE
Councilmember Makker led the Pledge of Allegiance.
SPECIAL ANNOUNCEMENTS
There were no special announcements.
4. PROCLAMATIONS AND PRESENTATIONS
A. Presentation of a Donation Check for $100,000 for the Commons Park Enhancement Project from Moraga Community Foundation
Parks and Recreation Director Breyana Brandt provided an overview of the Commons Park Enhancement Project which included Americans with Disabilities Act (ADA) restrooms and part of the unfunded asset replacement list. Given the increased use of the All Access Playground, an ADA restroom had been a Town priority.
Town Council Regular Meeting 1 February 23, 2022
The Moraga Community Foundation (MCF) had committed to the ADA restroom and had expanded the project to also include a contribution to the ADA picnic area project, also a Capital Improvement Project (CIP) project scheduled for the fall of 2022, as well as a contribution to the Town's irrigation project scheduled to occur before the summer and a tree contribution with trees to be planted around the All Access Playground. These improvements were in addition to the previously installed water bottle filling station and flagpole.
Dave Trotter, MCF President, explained that the donation would allow for the completion of the accessibility improvements in the front of the Commons Park which had started with the All Access Playground. MCF was excited to partner with the Town on this effort and had previously donated $11,000 towards the improvements and were now donating $100,000 for the Commons Park Enhancement Project. He also reported that MCF was close to meeting its $250,000 fundraising goal and hoped to complete the project with a target date of June 30, 2022. He recognized this effort could not be achieved without the community, which was encouraged to visit the MCF website to obtain more information.
Brenda Luster, MCF Vice President of Development, provided an overview of MCF's plans in the future which included signage/posters of inspirational quotes in support of United Against Hate Week (UAHW), and the start of an exercise in the park program to be community sponsored, three classes per week with a variety of exercise classes to be offered to all ages in the Lamorinda community. The MCF would continue to educate the community on the Commons Park Enhancement Project and future plans in the hopes of encouraging more community involvement.
The Town Council thanked the MCF for the generous donation and thanked MCF members present via Zoom for their continued efforts to benefit the community. The Town Council looked forward to future projects in partnership with the MCF.
PUBLIC COMMENT OPENED
Kendall Langan, Moraga, objected to the contribution because he believed it was the Town's responsibility to maintain the restroom and its parks. He believed the Town Manager should secure the funds and that the projects should not be achieved through donations. He also thought the Parks and Recreation Department had not provided youth with sports and recreational opportunities, but he appreciated the MCF donation.
PUBLIC COMMENTS CLOSED
The Town Council again thanked the MCF members for the donation.
B. Presentation on the Moraga-Orinda Fire District (MOFD) Fuel Break Project and Status of Fire Prevention Efforts in Moraga by Fire Chief Winnacker Fire Chief Dave Winnacker, Moraga-Orinda Fire District (MOFD), provided an update on the Tunnel East Bay Hills Fuel Break and stated the MOFD had applied for a California Conservation Climate Investments (CCI) Grant through CAL FIRE. The MOFD had received $6.3 million in state funding to establish a fuel break which tied in where another fuel break project left off in West Orinda near Highway 24 in the vicinity of the Cal Shakes facility, and the north side of Highway 24 at the Wilder off-ramp. This project would work its way down the western side of the Wilder Subdivision, wrap around the area known as the Lost Valley near the PG&E substation and around Moraga Country Club (MCC), running up and along the high ground on Flicker Ridge between Lost Valley, MCC, and the community of Canyon making its way down to Canyon Road down to the Valley Vista Staging Area and then wrapping around the neighborhood by Joaquin Moraga Intermediate School. It would then travel around Sanders Ranch, out across to Saint Mary's College (SMC) and then across to areas immediately east of the Moraga Geologic Hazard Town Council Regular Meeting 2 February 23, 2022
Abatement District (GHAD) terminating at Sky Hy at the Moraga-Lafayette line. The project would cover essentially West Orinda and South Moraga. The MOFD had been working collaboratively with CAL FIRE which was putting in for a project on this year's CCI work schedule to extend the project out around Rossmoor.
Fire Chief Winnacker detailed the North Orinda Shaded Fuel Break Project, which would cover 1,515 acres along 14 miles in the East Bay from Tilden Park in Berkeley to Pleasant Hill Road in Lafayette and would reduce critical fire fuels by removing vegetation, and dead and dying trees.
Along with the MOFD Fuel Break Project, the fuel break areas would be expanded significantly.
The MOFD Fuel Break Project would not involve bulldozing or clear cutting but consist of a shaded fuel break with the tree canopy to remain intact. The majority of the work would consist of clearing out the undergrowth, removing dead and downed material, limbing up those portions of trees that were close to the ground, clearing brush and other ground fuels directly underneath the canopy, and in the case of grasslands where there was a significant amount of grazing activity focusing on the removal of isolated brush, and once removed the cattle would trample or eat it. The project was still in the environmental review stage and the MOFD was working with landowners to ensure that any work would conform with the Habitat Conservation Plan and existing permissions related to working in Alameda Whipsnake territory.
To speed the process, increase the production rate and reduce the cost per acre, MOFD would make extensive use of cut, pile and burn during next year's rainy season. It was anticipated the work would be underway in the next two months or so.
Fire Chief Winnacker also reported the MOFD Board of Directors had held a first hearing of two proposed Ordinances. One Ordinance would extend the Very High Fire Hazard Severity Zone to areas the MOFD had designated as Wildland Urban Interface (WUI) fire areas and highlighted why the MOD's action was warranted. The second Ordinance would expand the fuel mitigation requirements for undeveloped parcels which currently resided in the Fire Code.
Responding to the Council, Fire Chief Winnacker reiterated that CAL FIRE was updating its maps and they would be provided soon. He also reiterated the efforts of the MOFD Board on the two Ordinances described and commented that once the first reading had occurred, he had reached out to the Town Manager to provide a presentation to the Town Council. The intent was to provide information and ensure people were aware of these upcoming Ordinances. Any concerns the Town Council had should be shared with the MOFD Board of Directors. A second hearing on both Ordinances would be considered at the regular MOD Board of Directors meeting scheduled for March 16 at 7:00 p.m. with an opportunity for public engagement.
Fire Chief Winnacker clarified the Very High Fire Hazard Severity Zone areas and commented in response to concerns with impacts to homeowners' insurance that if a residence was in that zoning designation it would be difficult to determine where insurance cancellations may have occurred due to the number of insurers.
Fire Chief Winnacker reported he had made a Public Records Act request and had received a list of all zip codes in the state from 2015 to current on new insurance policies written and policies renewed or not renewed by the insurer. It was clear this was a large and dynamic issue and while there was a high rate of policies not being renewed, new policies were being written in the area although that was not true for the entire state. Based on the data received, there was not a market trend to show for the Lamorinda area that people were being moved out of the private insurance industry into the California Fair Plan, which was the indication of an unhealthy market. Large portions of North Orinda had already been categorized as Very High Fire Severity Zones and there was a sense in discussions with Catastrophic Risk Modelers there was very little stock being placed on the 2009 map that had been intended for land use planning and they were running their own sophisticated models and incorporating numerous other elements. While it was possible the Town Council Regular Meeting February 23, 2022
Very High Fire Severity Zone designation could have a negative impact on home insurance, the data had not borne that out to date.
Fire Chief Winnacker also provided an update on the MOF fire prevention efforts and emphasized the lack of rain and the fact that fire season would start soon. He provided the details of the MOFD's annual chipping program and urged community members to conduct an assessment of their properties. He recommended an assessment start from the property line such as looking for dead trees and other things that may fuel fires. The MOFD could be contacted if a homeowner needed material to be chipped or the material could be placed in the green bin and there were options provided by Republic Services for additional green waste pick-up. Also, compliance with Fire Code requirements for the removal of mulch or other combustible ground cover two feet from a residence, clearing any decorative plant material within two feet of a residence, and creation of a 1-foot air gap was encouraged although the State had mandated a five-foot requirement for combustible material. Residents were encouraged to sign up for the Community Warning System (CWS) in order to receive alerts, notifications and information on community evacuation exercises.
Fire Chief Winnacker expressed his appreciation to the Town Manager and staff for the efforts to bring Town-owned parcels into compliance with the MOFD Fire Code. He again detailed the MOFD chipper program which had been put on hold during the summer when the MOFD had shifted to enforcement since the program was based on demand. The MOFD had been working with the Campolindo neighborhood to ensure that work was progressing. Information on the chipper program was available on the MOFD website.
Vice Mayor Woehleke expressed concern for the potential for wildfire. He supported the efforts and leadership of the MOFD including placing liens on lots that needed to be maintained, as necessary. He also encouraged the development of broader awareness to the community. As a resident of the Campolindo neighborhood, he stated there had been progress due to the neighborhood joining Firewise, but it was only the top ten percent.
Vice Mayor Woehleke expressed concern with the Ordinance the MOFD was considering which would assign a significant portion of the Town of Moraga to the Very High Fire Severity Zone, and the fact many residents may not learn about it until after MOFD approval. He wanted to know the impacts from the Ordinance to insurers, a clarification of the risks and whether the benefits outweighed the risks, particularly if homeowners were unable to obtain home insurance. He supported ember-resistance and retrofitting homes and would be willing to walk the neighborhoods, but once the State provided the updated maps he hoped there could be some resolution. He otherwise noted the current CAL FIRE maps were inconsistent, with one side of Mulholland Ridge designated as Moderate and the other side of the crest designated a Very High Fire Severity Zone which would impact the credibility of the Ordinance.
Vice Mayor Woehleke also wanted to see stakeholder engagement and he hoped the MOFD Board of Directors would consider a better effort to educate the public on brush clearing.
Fire Chief Winnacker again detailed State law which was explicit about the regulations surrounding Very High Fire Severity Zones that were treated a certain way and highlighted Title 14, with the Very High Fire Severity Zone the only way to apply the state measures. He also noted the north facing side of Mulholland Ridge was a Very High Fire Severity Zone due to the alignment of topography and weather and once it crested the hill it would burn into the hill due to an eddy. The maps had been drawn with that in mind. The MOFD had not drawn the State maps, and he acknowledged the maps had been challenged many times and had been defended based on the fire science used to draw the maps. He added there should not be any area where the Moderate designation was being upgraded in that it was High being upgraded to Very High.
Town Council Regular Meeting 4 February 23, 2022
Councilmember Onoda commented that as a resident of Merrill Circle she had evacuated her residence on two occasions due to wildfire. She thanked the Fire Chief for having Firewise trained residents of Sanders Ranch and the MOFD for its expertise and efforts to keep everyone safe.
Mayor Sos thanked Fire Chief Winnacker for his comments. She too agreed that constituents be educated in a timely way and that the Town Council collaborate in any way possible.
Councilmember Makker agreed with the need for community engagement and getting the information out to the community and Homeowner's Associations (HOAs). She would be happy to assist in bringing that knowledge in any way she could.
PUBLIC COMMENT OPENED
Kendall Langan, Moraga, stated he had spoken about the MOFD policies with another MOFD Director, and he appreciated that Fire Chief Winnacker knew a lot about the community, although he noted much of the brush in Moraga was not native and most did not burn. He asked the Fire Chief whether the Town of Moraga had been issued any citations in violation of any MOFD Ordinances. He believed the Town neglected the MOFD policies for years. He asked the Fire Chief to push everyone to have public green bins to allow for the proper disposal of green waste.
PUBLIC COMMENTS CLOSED
Mayor Sos again thanked the Fire Chief for the presentation and willingness to meet with Councilmembers off-line to address any further questions.
5. PUBLIC COMMENTS AND SUGGESTIONS
Kendall Langan, Moraga, opposed many of the decisions the Town Council made but appreciated the time the Town Council spent as volunteers. He referenced a land movement project on Moraga Road near Corliss Drive which he believed was a violation.
6. ADOPTION OF CONSENT AGENDA
A. Acceptance of Consent Items
Consent Agenda Item 6.2, 6.3 and 6.6 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/Onoda) to adopt Consent Agenda Items 6.1, 6.4, 6.5 and
6.7. Roll Call Vote: 5-0.
6.1 Receive Accounts Payable Claims for: 2/11/2022 Approved ($814,248.28)
6.2 Approve Minutes for the Town Council Special and Regular Removed Meetings on November 10, 2021
6.3 Moraga Commons ADA Restroom Purchase Removed
Consider Resolution 19-2022 Authorizing the Purchase of Town Council Regular Meeting 5 February 23, 2022
the Moraga Commons Park Premanufactured ADA Restroom
Structure from the Public Restroom Company in the Amount of $324,761 and Authorizing the Town Manager to Execute the Procurement and Installation Agreements (CEQA Status:
Exempt)
6.4 Moraga Road Drainage Improvement Project Approved
Consider Resolution 16-2022 Awarding Professional
Services Agreement for Engineering Design Services to CSG Consultants, (Pleasanton, CA) in a Total Amount Not to Exceed $57,500 Including 15% Contingency of $7,500 for the Moraga Road Drainage Improvement Project (CIP 21-207); Authorizing the Appropriation of $15,500 from Fund 770 - Storm Drain Impact Fee for the Project; and Authorizing the Town Manager to Execute the Agreement (CEQA Status: Categorically Exempt)
6.5 Moraga Road and Hacienda Drainage Project Approved
Consider Resolution 17-2022 Awarding a Construction
Agreement to Kerex Engineering Inc. (Martinez, CA) as the -owest kesponsible and Responsive Bidder for the Moraga Road and Hacienda Drainage Project (CIP 12-206) in a Tota Amount Not to Exceed $252,098, Including a 10% Construction Contingency of $22,918 for the Moraga Road & Hacienda
Drainage Project (CIP 21-206); Authorizing the Appropriation of $22,902 from Fund 102- American Rescue Plan Act; Authorizing the Town Manager to Execute the Construction Contract; and Authorizing the Town Engineer to Execute Contract Change Orders for up to 10% of the Contract Amount (CEQA Status:
Categorically Exempt)
6.6 Local Road Safety Plan Removed
Consider Resolution 20-2022 Awarding a Professional
Services Agreement for Engineering Services to TJKM
Transportation Consultants (Pleasanton, CA) in a Total Amount Not to Exceed $51,355 for the Development of a Local Road Safety Plan (CIP 21-409) Including a 15% Contingency of $6,698; and Authorizing the Town Manager to Execute the Agreement (CEQA Status: Categorically Exempt)
6.7 Police Vehicle Purchase Approved
Consider Resolution 18-2022 Authorizing the Town Manager to Purchase a Police Vehicle for $35,800 Pursuant to the Town of Moraga Purchasing Policy
в. Consideration of Consent Items Removed for Discussion Moraga Commons ADA Restroom Purchase
Consider Resolution 19-2022 Authorizing the Purchase of the Moraga Commons Park Premanufactured Americans with Disabilities Act (ADA) Restroom Structure from the Public Restroom Company in the Amount of $324,761 and Authorizing the Town Manager to Execute the Procurement and Installation Agreements (CEQA Status: Exempt)
Responding to Councilmember McCluer, Town Manager Cynthia Battenberg explained, as was typical for many reimbursement grants, the Town would do the work and once the work was done, Town Council Regular Meeting 6 February 23, 2022
the Town would be reimbursed. The project would more likely be done in spring of 2023 and all funding would be in by that time. If there was a funding shortfall, the Town may contribute funding to complete the project. As to whether the Town Council could wait until the fundraising equaled the contract, she noted the Moraga Community Foundation (MCF) had received a proposal for the restroom which expired and when they had received another one the price had increased significantly due to inflation. There was concern the price would only increase which would require more fundraising by the MCF. The MCF was actively fundraising and had a commitment to provide the funding by June 2022.
Vice Mayor Woehleke reported he had a productive discussion with the Town Manager and the Parks and Recreation Director regarding the scope of the project, responsibility between the Town and the contractor, and assurance the appropriate engineering would be done since the location was adjacent to a creek. He shared the concerns with the risk related to the funding but found it would be a small risk.
Mayor Sos understood if the item was approved it would lock in the price, but nothing would happen until spring 2023, with more time for fundraising and Ms. Brandt reiterated the comments offered by the Town Manager and added the intent to ready the prefabricated structure when the Town had the capacity to proceed.
PUBLIC COMMENTS OPENED
Kendall Langan, Moraga, questioned the Town Council's consideration of this item given there were more important issues such as Senate Bill (SB) 330. He suggested the Parks and Recreation Department should be finding things for youth to do in the Town.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (McCluer/Woehleke) to adopt Resolution 19-2022 Authorizing the Purchase of the Moraga Commons Park Premanufactured ADA Restroom Structure from the Public Restroom Company in the Amount of $324,761 and Authorizing the Town Manager to Execute the Procurement and Installation Agreements (CEQA Status: Exempt).
Roll Call Vote: 5-0.
2. Approve Minutes for the Town Council Special and Regular Meetings on November 10, 2021
Mayor Sos requested an amendment to the last sentence of the second paragraph as shown on
She [Councilmember Sos] found that the evidence that the RF testing was effective and helpful, was at best inconclusive, could be episodic, and was in part speculative, with evidence in the record the RF emissions testing was not useful
PUBLIC COMMENTS OPENED
Mayor Sos reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Onoda/Woehleke) to approve the Minutes of the Town Council Special and Regular Meetings on November 10, 2021, as amended. Roll Call Vote: 5-0.
3. Local Road Safety Plan
Town Council Regular Meeting 7 February 23, 2022
Consider Resolution 20-2022 Awarding a Professional Services Agreement for Engineering Services to TJKM Transportation Consultants (Pleasanton, CA) in a Total Amount Not to Exceed $51,355 for the Development of a Local Road Safety Plan (CIP 21-409) Including a 15% Contingency of $6,698; and Authorizing the Town Manager to Execute the Agreement (CEQA Status: Categorically Exempt)
Mayor Sos removed the item to focus on a project which was of interest to the community and a lown Council Goal to tocus on satety near local schools. he project would involve major community engagement and would better secure the Town for future funding as the Metropolitan Transportation Commission (MTC) had made a Local Road Safety Plan a requisite for eligibility.
PUBLIC COMMENTS OPENED
Kendall Langan, Moraga, suggested the project be delayed and the Town Council consider more important matters.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Woehleke/Onoda) to adopt Resolution 20-2022 Awarding a Professional Services Agreement for Engineering Services to TJKM Transportation Consultants (Pleasanton, CA) in a Total Amount Not to Exceed $51,355 for the Development of a Local Road Safety Plan (CIP 21-409) Including a 15% Contingency of $6,698; and Authorizing the Town Manager to Execute the Agreement (CEQA Status:
Categorically Exempt). Roll Call Vote: 5-0.
7. ADOPTION OF MEETING AGENDA
PUBLIC COMMENTS OPENED
Mayor Sos reported no comments had been received for this item.
ACTION: It was M/S (McCluer/Onoda) to adopt the Meeting Agenda, as shown. Roll Call Vote: 5-0.
8. REPORTS
A. Mayor's and Councilmembers' Reports
Mayor Sos - Referenced the Town Council goal to improve communications with an outreach to the public using innovative approaches. She provided an update on the Town's reinvigoration of its social media presence with information available on the Town website, Facebook, NextDoor and Instagram. Also, the About Town newsletter was now a weekly publication with a focus on Town Council actions the week of Town Council meetings and a focus on other Town events on intervening weeks. The Town was also reaching out actively to the community about the Advanced Planning Initiative and she encouraged residents to participate in the housing survey available on the Town website or through social media. The public was also encouraged to participate in the March 2, 2022 Joint Town council/Planning Commission meeting with a discussion of the Housing Opportunity Sites and Rezonina to be explored to meet the Reaional Housin Needs Allocation (RHNA). This meeting would be followed by a community meeting to be held later in the month of March.
Town Council Regular Meeting 8 February 23, 2022
Vice Mayor Woehleke - Reported he had attended a Special Meeting of the Town Council to appoint new members to various Town Commissions/Committees; MOFD Board of Directors meeting and briefed the Council on the discussions; and had private communications with MOFD personnel regarding two ordinances and his recommendation there be public engagement prior to the approval of the two Ordinances; and had met with Moraga Chamber of Commerce representatives.
Councilmember McCluer - Reported he had been invited at the Contra Costa Transportation Authority (CCTA) meeting to participate in an on-site visit with selected staff; attended a CCTA Board meeting and briefed the Council on the discussions; and urged the Chamber of Commerce to speak with the Town Council and the community on what needed to be done to support local Moraga businesses. He addressed concerns about the right turn only sign at Los Perales Elementary School and thanked staff for the response. In addition, he had attended a Special Meeting of the Town Council to appoint new members to various Town Commissions/Committees, with some vacancies remaining to be filled.
Councilmember Onoda - Reported she had attended a Special Meeting of the Town Council to appoint new members to various Town Commissions/ Committees; spoken with the Moraga Chamber of Commerce; and had attended Moraga Youth Involvement Committee (MYC) and Marin Clean Energy (MCE) meetings, and briefed the Council on the discussions and actions taken.
Councilmember Makker - Reported she had attended a Special Meeting of the Town Council to appoint new members to various Town Commissions/ Committees; met with the Moraga Chamber of Commerce; and had been engaged with various programming throughout the Bay Area to honor and celebrate Black History Month. She looked forward to the new art installation at SMC which would feature African Art collected as part of the celebration of Black History Month.
B. Town Manager Update - Town Manager Battenberg reported the Town Council and Planning Commission would meet jointly on March 2 at 6:00 p.m. to discuss the Housing Opportunity Sites and Rezoning to meet the RHNA. A community meeting would be held later in the month of March and she described the Balancing Act tool which would be used to determine which parts of the Town were most appropriate for the mandated zoning and new housing. More information was available on the Make Moraga Home link on the Town website.
Ms. Battenberg also informed the Town Council that the grading at a property off of Moraga Road across from Corliss Drive was in response to a fire abatement notification from the MOFD and that staff was assisting Contra Costa County in their enforcement efforts. In addition, the Town had been informed that based on a request from the Moraga School District (MSD), a right turn only sign had been placed at Los Perales Elementary School, which was a one-off and not part of a plan being explored for the area, with the sign to be removed. A request to award a contract to an engineering firm was scheduled to be presented to the Town Council at a future meeting for the design work at the Corliss Drive project which would include community meetings.
PUBLIC HEARINGS
There were no public hearings.
10. ORDINANCES, RESOLUTIONS AND REQUESTS FOR ACTION
Town Council Regular Meeting 9 February 23, 2022
A. American Rescue Plan Act (ARPA) Update
Discuss and Consider Resolution 21-2022 Approving the Town of Moraga's $4,254,072 American Rescue Plan Act (ARPA) Expenditure Plan and Designating the ARPA Funds to be Deposited into Fund 102 - ARPA and Provide Direction to Staff Regarding Future Allocation of Funds
Mayor Sos detailed the agenda item and the actions asked of the Town Council to approve the Town of Moraga's $4,254,072 American Rescue Plan Act (ARPA) Expenditure Plan and to designate the ARPA Funds to be deposited into Fund 102 - ARPA. She asked the Town Council to address those items first, take public comment, and then move on to the next part of the item to provide staff with feedback for the allocation of the ARPA funds moving forward including ideas set forth in the staff report, or any ideas the Town Council may provide. The Town Council would allocate specific funds when the budget was approved in June.
Ms. Battenberg provided a PowerPoint presentation of the background of the ARPA funding and detailed the Interim Final Ruling which provided government services affected by a revenue reduction resulting from COVID-19 to make investments in water, sewer, storm water or broadband infrastructure, respond to the COVID-19 emergency and address its economic effects and/or provide premium pay to essential employees or grants to their employers. She highlighted the Fiscal Year 2021/22 budget which included the ARPA expenditures and presented the staff recommendation for the Town Council to adopt the proposed resolution and provide feedback on the future allocation of the ARPA funds to assist in the FY 2022/23 budget process.
Ms. Battenberg also highlighted the reporting, tracking and Final Rule for the ARPA funds, as outlined in the staff report
Responding to the Council, Ms. Battenberg again clarified the staff recommendation and explained that for reporting purposes an ARPA Expenditure Plan must be approved. She read from the Now, Therefore Be It Resolved clause as shown on Page 2 of the resolution: NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Moraga hereby designates the $4,254,072 of American Rescue Plan Act funding as Replacement for Lost Public Sector Revenue consistent with the eligible categories contained in the provisions of the Coronavirus State and Local Fiscal Recovery Funds Final Rule; which was the Town's Expenditure Plan. The allocation of the ARPA funds for programs in the Town of Moraga was separate, which was why the resolution addressed both what would be reported to the federal government and how it would be tracked to ensure transparency in the process.
Ms. Battenberg clarified that the definition of "revenue loss" was to allow the Town to have flexibility in allocating ARPA funds to the highest priority needs. She also clarified that Fund 102- ARPA would be a separate fund in the budget and the Town Council may allocate those funds in the budget cycle or when projects were brought to the Town Council for allocation, which could be considered at the time a contract was accepted and any additional funding was needed. She commented on the difficulty to make financial decisions in a vacuum when considering one pot of money and explained that on a strategic basis it was good to look at all funding sources, the needs of the Town, and then determine as part of that process how to best utilize the funds.
Ms. Battenberg detailed the budget process that had essentially started in January when the Town Council and Community Goals had been identified. The priorities were now being considered for one-time monies in the form of the ARPA funds as part of the budget process.
PUBLIC COMMENTS OPENED (Consideration of the resolution contained in Attachment A) Kendall Langan, Moraga, noted that no ARPA monies had been allocated for businesses, which was a problem since the money should go to businesses that had paid taxes.
Town Council Regular Meeting 10 February 23, 2022
Seth Freeman, Moraga, stated this was an extraordinary one-shot amount of money and in this case the Town would benefit from having a consulting service to assist in allocating the ARPA funds. He asked that the public be engaged directly to identify the priorities, did not oppose a specific general ledger account, was unaware the Town had a negative economic impact as a result of COVID-19, and understood the Town's revenues in the prior fiscal year had been positive. He added that Moraga was fortunate to be an affluent community and hoped to prevent a compliance problem after the ARPA money had been spent.
PUBLIC COMMENTS CLOSED
Councilmember McCluer commented that choosing the amount of revenue loss that allowed the broader opportunity to use the ARPA funds for whatever was appropriate and public input was supported. He agreed that the funds should be placed in a separate account to better track expenditures.
Councilmember Makker suggested this was good diligence on the part of staff to allow the Town Council the maximum flexibility in the use of the funds.
Vice Mayor Woehleke again clarified the original restrictions on the use of ARPA funds.
Mayor Sos requested the elimination of the last whereas clause as shown on Page 1 of the proposed resolution, which was contrary to the action to be taken by the Town Council and there was consensus from the Town Council for that modification.
ACTION: It was M/S (Woehleke/McCluer) to adopt Resolution 21-2022 Approving the Town of Moraga's $4,254,072 American Rescue Plan Act (ARPA) Expenditure Plan and Designating the ARPA Funds to be Deposited into Fund 102 - ARPA and Provide Direction to Staff Regarding Future Allocation of Funds, with the elimination of the last whereas clause as shown on Page 1 of Attachment A. Roll Call Vote: 5-0.
Mayor Sos declared a recess at 8:35 p.m. The Town Council meeting reconvened at 8:41 p.m. with all Councilmembers and staff present via Zoom.
Ms. Battenberg provided an overview of the staff recommended future allocation of ARPA funds and explained that the projects and staff rationale had been highlighted in the staff report.
Responding to the Council, Ms. Battenberg explained that should the Town Council proceed with the staff direction, the expenditure of ARPA funds would be approved as part of the Fiscal Year 2022/23 and Fiscal Year 2023/24 budget process. She also clarified the ending fund balance as shown in the staff report and recommended consideration of funding over a two-year period with some of the projects being presented for ARPA fund allocation spread out over two years.
Ms. Battenberg clarified the ARPA funds could not be spent on pension obligations or trusts and taxes. She noted the staff recommendations had been based on the intent of the ARPA funds She commented that the Town Council had stated in the past that the Palos Colorados funds may be a good funding source for pensions.
Vice Mayor Woehleke stated the ARPA funds could not be used to offset a reduction in tax revenue or be deposited into pension funds.
Councilmember McCluer suggested that additional review be conducted by staff since he understood the ARPA funds could be used on anything, and Ms. Battenberg advised that staff could do more research to determine whether or not ARPA funds could be used for pensions.
Town Council Regular Meeting 11 February 23, 2022
Staff would also provide an update in the coming months that would include additional information on how much funding was needed for storm drains to allow a better understanding of the critical work that needed to be done and what could be addressed over time.
Ms. Battenberg further clarified the total projected costs for the Advanced Planning Initiative pursuant to the 5-Year CIP and the amount of funding shown in the staff report, with the majority of the funding included in the Fiscal Year 2021/22 adopted budget and an additional $483,000 needed in Fiscal Year 2022/23 to complete the Bollinger Canyon General Plan Amendment and rezone and the General Plan Update.
PUBLIC COMMENTS OPENED (Allocation of ARPA funds)
Kendall Langan, Moraga, suggested the staff reports should include several proposals, not recommendations, and the Town Council should be considering those proposals. He believed the staff recommendations for the ARPA funds to be in violation of how the ARPA funds had been intended. He suggested the Town Manager was creating more government through the staff recommended ARPA allocations and the budget surplus shown in the staff report was incorrect.
He also believed the number of business vacancies in Moraga at around 60 percent and he urged the ARPA funds be allocated towards Moraga businesses.
Mark Hoogs, Moraga, a local business owner and member of the Moraga Chamber of Commerce Board of Directors, was pleased with the Town's substantial ARPA allocation and asked that a small percentage be allocated towards supporting small businesses in the community. He understood some of the ARPA funds were to help small businesses and emphasized the impacts on small businesses due to the pandemic, explained that numerous small businesses in Moraga and elsewhere had not survived the pandemic, many small businesses continued to suffer financially due to the pandemic and the Chamber Board had communicated with its members who had shared the various ways they had been struggling.
Mr. Hoogs commented on the need to provide safe space for the public at local businesses, which could use the support from the ARPA funds to promote the safety of customers and employees.
As a member of the Chamber Board, he looked forward to partnering with the Town to help deliver this much-needed support, and as a business owner and Moraga resident, appreciated the importance the Town placed on supporting its neighbors and making Moraga a wonderful community to live and operate a business.
Gian Panetta, Moraga, Board President, Moraga Chamber of Commerce, described his background as a long-time resident of the Town who patronized local businesses and who shared the unique experience of growing up in one of the top ten safest communities to live in the Bay Area. He detailed some of the negative effects during the pandemic coupled with the retirement of its Executive Director in 2021, which had resulted in lower membership, engagement, participation and revenue. He identified the nearby jurisdictions that had supported their local Chambers of Commerce and advised that the Moraga Chamber wanted to work with the Town on programs constituents had expressed as urgent needs. He asked the Town Council to allocate the appropriate funds to the Chamber and to Moraga businesses.
Jeremy Lien, Moraga, representing Moraga Jewelers, explained that the small business had been rooted in the Town for years, but the business would no longer exist a year from now if the Town did not provide ARPA funding or assistance. There were empty storefronts and vacancies in the Rheem Center and many other businesses closing in Moraga. He pointed out the Shop Moraga First campaign would not survive if there were no small businesses in Moraga. He too commented on the number of cities that had been offering rent relief for small businesses and he asked that the Town of Moraga do the same.
Town Council Regular Meeting 12 February 23, 2022
Katie Bidstrup, Executive Director, Moraga Chamber of Commerce, asked the Town Council to support the economic recovery of Moraga businesses and support economic development partnering with the Moraga Chamber through the allocation of ARPA funds. She noted that ARPA funding had initially been provided to cities with the intent of addressing the economic impacts of the pandemic and while she recognized the Town had many economic obligations, including infrastructure, the needs of the Moraga businesses required a greater financial representation in the Town's current and future budget plans.
Ms. Bidstrup reported that Moraga businesses had been surveyed and they had gleaned valuable information regarding how the pandemic had affected the local businesses and she detailed the responses. Of those businesses surveyed, five percent lost 100 percent and/or closed. Based on the survey, local businesses sought financial assistance, new and additional events to drive foot traffic, help with marketing their businesses, help locating and applying for additional funding and help with past bills, staffing assistance and technical seminars. There were also requests for assistance for facility upgrades to improve the customer experience, and support for a Shop Local program which the Chamber may administer in a simplistic grassroots way. While the Moraga business community was not equal in size to its neighbors that had been providing significant ARPA assistance, the Moraga community was worthy and in need of substantial financial support.
Ms. Bidstrup stated the Chamber had proposed a commitment from the Town Council to fund businesses in Moraga over the next three years. The Chamber requested a graduated commitment of $250,000 to be applied as follows: year one $120,000, year two $90,000, and year three $40,000. She highlighted the numerous ways in which the funds could be used each year.
Ms. Bidstrup stated the Chamber was open to discussion but asked that a portion of the ARPA funds be allocated as requested to prop up and subsequently help local businesses in Moraga thrive and return tax dollars to the Town, attract new businesses and encourage existing businesses to stay in Moraga. She was open to working on ways to work with the Town to boost Moraga businesses.
Vernon Moran, Moraga, commented on the fact that local businesses had struggled for some time with staffing, supplies and impacts from the pandemic. He understood the Town's financial struggles, but small businesses continued to struggle, had lost significant income and were required to continue to pay for business expenses but with reduced revenue. He too asked the Town Council to consider allocating ARPA funds to assist small businesses.
Susan Captain, Moraga, a long-time resident and small business owner was pleased that many Councilmembers had spoken with the Chamber and were aware of the status of the business environment. She was pleased the new Executive Director of the Chamber had been proactive in reaching out to the Town Council in support of small businesses and she hoped it would result in an opportunity to assist local businesses along with the Chamber of Commerce.
Responding to the Council, Ms. Bidstrup stated she could provide a written request to the Town Council for specific ARPA allocations. She hoped that the Chamber would also be allowed to make a presentation to the Town Council and understood that letters had also been provided to the Town Council from Chamber members identifying their urgent needs.
PUBLIC COMMENTS CLOSED
Vice Mayor Woehleke suggested conceptually supporting local small businesses would be consistent with ARPA, as originally communicated. He had heard and discussed enough to be convinced there was a valid need, but he was uncertain how to translate that need into an actual plan that could be endorsed and supported by the majority of Town residents. He did not see the Town Council was ready to resolve that question at this time. He thanked the Chamber for providing actual numbers, suggested it would be challenging what the Town could reasonably Town Council Regular Meeting 13 February 23, 2022
support conceptually, and stated the Town would benefit from learning how some of the neighboring communities had administrated the same issues. He commented that the requests of the Chamber were not excessive, and the Town should be able to allocate enough ARPA funds to make a difference.
Councilmember Onoda agreed with many of the Vice Mayor's comments, supported a presentation from the Chamber prior to consideration of an Ad Hoc Committee and sought more details from the Chamber rather than from an Ad Hoc Committee since the Chamber had the knowledge of its business membership. She looked forward to a future presentation and helping out the Chamber.
Councilmember McCluer read into the record the intent of the ARPA funds, an economic response to COVID-19 recovery, and based on a survey of 150 cities, 75 percent had used the ARPA funds to address negative economic impacts from COVID-19. He found the staff list of recommendations to be for items that were unrelated to COVID and were known pre-COVID.
Councilmember McCluer recognized that the Chamber and small businesses had been significantly impacted by COVID-19 and should be first on the list of projects to consider for ARPA funds prior to consideration of other projects. He referenced the community engagement tour he and the Vice Mayor had conducted in 2021 and the main priority identified as the need to attract and retain retail. He was confident that residents of Moraga would want the Town Council to support small businesses and the Chamber with the ARPA funds but the question was how and how much. He supported an invitation to the Chamber to make a more formal and detailed presentation and as part of that presentation to include items that could be approved sooner rather than after the approval of the budget.
Councilmember McCluer suggested after the ARPA funds had focused on economic relief due to COVID-19 impacts, the funds should then focus on unfunded needs, storm drains, asset replacement and unfunded pensions. He supported the items identified in the staff report as required and necessary but would defer storm drain activity to the future when Measure K revenue funds were available for funding after roads had been maintained. He believed those revenues would more than cover the recurring costs of storm drains and asset replacement on an ongoing basis and would eliminate those unfunded needs. He questioned whether ARPA funds could be used for pensions. He otherwise supported the $65,000 in ARPA funds for the Bollinger Canyon Study Area General Plan Amendment and Rezone but wanted more information on the request for funding for the Advanced Planning Initiative to Complete Phases 1 and 2. He noted the General Plan in 2002 had taken years and a number of workshops and had served the Town well.
He suggested it was not necessary to do a complete build-out of the General Plan although inconsistencies could be addressed.
Councilmember Makker appreciated all of the comments and correspondence received related to the request for ARPA funds for small businesses and recognized the concerns were valid and salient. She noted the Town Council could not know what solutions would work for each business that had been impacted by COVID-19 but the Chamber could be the entity to make those decisions to allocate funds, resources or services. While an Ad Hoc Committee and a presentation from the Chamber would be valuable, each would lead to an ultimate program.
Councilmember Makker recommended the Town Council first start to determine the contours of the program and empower the Chamber to work with Town staff on what a reasonable program may look like. She suggested a one-way presentation from the Chamber would not be as helpful as two-way collaboration between Town staff and the Chamber on a proposal to allow the Town Council to make a decision. To feel comfortable aligning on a number, she needed that type of proposal in the form of a Moraga Chamber of Commerce COVID-19 ARPA Relief Program in collaboration with Town staff. She understood the Chamber was already coming up with ideas for that but she wanted to see a more tailored focus in the form of a program.
Town Council Regular Meeting 14 February 23, 2022
Mayor Sos agreed the business community needed help and the Town was in a position to provide it but the Town Council did not have enough information to make a fiscally responsible decision for the benefit of the entire community. She agreed the Chamber should return with a proposal which should be reviewed with staff to see what was possible, and that it be based on data and information gathered from the business community as to their primary needs and impacts in the wake of COVID-19, It would be important to identify the primary needs to create a program to address those needs surgically, directly and specifically in a way that increased the likelihood that whatever funding was provided would actually help.
Mayor Sos also urged that consideration be given to creating a bridge between the business community and the multiple other sources of relief and funding that was available. She understood the business community may not have access to those resources, and whether it was restaurant or rent relief they had been catalogued by the City of Lafayette who had hired a consultant to provide assistance and there may already be information available. She wanted in canad in form our as roth chanter rema
that included the criteria each Councilmember had raised.
Councilmember McCluer explained he had been working with the Chamber as the Town Council Liaison and everything in such a presentation would be a program. He agreed the Chamber should have a conversation with Town staff. He added the staff report had been distributed on a holiday weekend and the Chamber had little time to prepare a detailed presentation, which he expected to be provided at a future meeting.
Mayor Sos wanted it to be clear that while the business community had not been mentioned in the staff report did not mean staff had overlooked the business community.
Ms. Battenberg explained that the information in the staff report had been based on past direction and Councilmember input and the allocation of ARPA funds to the business community had not been an item the Town Council had provided input. The staff report specifically identified the options based on Town Council goals and input. She had met with the Chamber in the last week and knew Chamber representatives would be attending the meeting and had reached out to the Town Council. The staff report mentioned "other programs as directed by the Town Council." She reiterated that staff was taking its direction from the Town Council.
Vice Mayor Woehleke suggested leveraging off of what other cities had done. He commented on the number of unknown variables such as rent, salaries and the like, and encouraged the Chamber to return with a number of options rather than a hard proposal. He sought more information which was why he had recommended consideration of an Ad Hoc Committee to work with the Chamber.
Mayor Sos suggested the Town Council had coalesced around a presentation after consultation with staff and consideration of what other jurisdictions had done with the understanding they may not be comparable. The Chamber was to return with a set of options that were more programmatic and responsive to what had been identified in an outreach survey as the quantifiable and factually supported needs of the community.
Ms. Battenberg clarified the direction was for the Chamber to return to the Town Council with a presentation. She would work with the Chamber and provide feedback. She noted that she had spent ten years in economic development having worked closely with Chambers of Commerce in the past and was very familiar with small businesses and downtowns.
Town Council Regular Meeting 15 February 23, 2022
Mayor Sos emphasized that the ARPA funding was a great opportunity to continue to focus on storm drain maintenance and capital improvement and she looked forward to staff returning with refinements. It made sense to have support in the Public Works Department to oversee those programs, particularly if they were able to add or to accelerate. She was in favor of using the ARPA funding to complete the Advanced Planning Initiative, the largest and most important project the Town had undertaken in recent memory that would have a huge impact on the future.
Mayor Sos noted that ARPA was one of the many sources of funding, each of which the Town Council would have to invest judicially in programs and projects that were must haves, not nice- to-haves, and however the ARPA funding was allocated it should be viewed in the backdrop while maximizing Measure K funding and keeping the General Fund Reserve at an appropriate level in these uncertain times. She stated it would also behoove the Town Council to consider whether or not to set aside the one-time ARPA funds for fire abatement on Town property given the Fire Code requirements and the fact that expectations would only continue to rise. She urged that also be considered in the mix as a potential ARPA allocation.
Vice Mayor Woehleke generally agreed with the Mayor including fire mitigation. He agreed with the allocation of ARPA funds for the Advanced Planning Initiative and General Plan Update and suggested they should take the opportunity to do that. He had a minor role in the 2002 General Plan and suggested the full update should be done, which was relatively a small effort and it had been 20 years since the General Plan had last been updated.
Councilmember Onoda agreed with the comments and highlighted the recommendation for ARPA funds to be allocated towards a Part-time Temporary Senior Civil Engineer (over two years), suggesting the Town needed all the staff it could get given the number of projects involved and the need to take care of staff.
Ms. Battenberg thanked the Council for the input.
Mayor Sos thanked the Town Council and the business community for the input and the Moraga Chamber of Commerce for its advocacy. She looked forward to working with the Chamber when moving forward.
B. Moraga Police Lieutenant Position Salary Adjustment
Consider Resolution 22-2022 Amending the Fiscal Year 2021/22 Salary Schedule for the Town of Moraga to Revise the Police Lieutenant Salary to the Median Salary of Comparable Cities, Effective April 1, 2022; and Exempting the Police Lieutenant Position from Any Cost of Living or Other Salary Adjustments for Fiscal Year 2022/23
Chief of Police Jon King presented the staff report and asked the Town Council to adopt the proposed resolution contained as Attachment A.
Responding to the Council, Chief King clarified that the Lieutenant and Police Chief positions were always on-call. He noted that the basic management requirement for the Lieutenant position pursuant to state law and other requirements was the same as the Police Chief.
Ms. Battenberg added since the Town of Moraga competed with other agencies it also had to consider the California Public Employees' Retirement System (CalPERS) formula. The Town's retirement package was significantly and notably lower than other agencies and the Town was also competing with other agencies that offered lifetime medical, which was something Moraga could not afford, making it challenging to attract skilled and qualified candidates.
Town Council Regular Meeting 16 February 23, 2022
Chief King added that other benchmark agencies paid their management employees incentives which increased the compensation another 4 to 5 percent, but the Town of Moraga did not pay that for the Lieutenant position.
PUBLIC COMMENTS OPENED
Kendall Langan, Moraga, believed Chief King was the best Chief the Town of Moraga ever had, although he found the methodology flawed and suggested the Town was not challenged by the competition. He believed the Town was overpaying Town staff including the Police Department and they should not be part of a union. He opposed the acceleration of salaries and costs and rather suggested they be reduced.
Councilmember McCluer noted that in reviewing the costs of the Moraga Police Department (MPD) in total, the costs were below average while the quality of service was well above average.
Chief King agreed and reported the County conducted an annual survey of per capita costs for law enforcement, and as long as he had been associated with the MPD, Moraga had been the lowest in Contra Costa County especially when compared to Orinda and Lafayette.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Woehleke/Onoda) to adopt Resolution 22-2022 Amending the Fiscal fear 2021/22 Salary Schedule for the Town of Moraga to Revise the Police Lieutenant Salary to the Median Salary of Comparable Cities, Effective April 1, 2022; and Exempting the Police Lieutenant Position from Any Cost of Living or Other Salary Adjustments for Fiscal Year 2022/23, including Exhibit A, Salary Schedule, effective April 1, 2022, as attached to Attachment A. Roll Call Vote: 5-0.
11. DISCUSSION ITEMS
There were no Discussion Items.
12. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.
13. COMMUNICATIONS
There were no communications.
14. ADJOURNMENT
ACTION: It was M/S (Onoda/McCluer) to adjourn the meeting at 10:17 p.m. Roll Call Vote:
5-0.
Respectfully submitted by:
Marty C. McInturf, Town Clerk
Approved by the Town Council:
Renata M. Sos, Mayor
Town Council Regular Meeting 17 February 23, 2022