TOWN OF MORAGA
REGULAR MEETING
March 9, 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 nd staff toleconferenced into ducted in zoom Webindfor video. The meting was
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
PLEDGE OF ALLEGIANCE
Town Manager Cynthia Battenberg led the Pledge of Allegiance.
3. SPECIAL ANNOUNCEMENTS
There were no special announcements.
PROCLAMATIONS AND PRESENTATIONS
A. Proclamation Honoring Brian South for his 20 Years of Service to the Town of Moraga
The Town Council read into the record a proclamation honoring Brian South for his 20 years of service to the Town of Moraga.
Town Council Regular Meeting 1 March 9, 2022
Police Chief Jon King explained that Mr. South was continuing to serve communities throughout the State in his new position with the Peace Officers Standards and Training and was on assignment in Southern California. Mr. South had been the heart and soul of the Moraga Police Department, his sense of service to the community had stretched nearly 25 years, and he thanked him for his incredible service to the community in many forms.
PUBLIC COMMENTS OPENED
Mayor Sos reported there were no comments for this item.
PUBLIC COMMENTS CLOSED
The Town Council expressed its appreciation to Mr. South for his years of service detailing his many accomplishments and advocacy for the community and as a member of Moraga Rotary.
Mr. South epitomized a Peace Officer perfect for Moraga; he had a great impact, had been a true leader, and was a fine representative for the Town of Moraga and while a loss for Moraga was an asset to the State of California. The Town Council wished Mr. South well and best wishes on his next endeavor.
Brian South thanked the Town Council for the proclamation and the kind comments. He was grateful to have served in the Town of Moraga and for working with the amazing team at the Moraga Police Department. Moraga would always have a special place in his heart. He particularly expressed his appreciation to Chief King for his leadership and friendship and stated he could not have asked for a better partner over the last seven plus years.
B. Proclamation Honoring Cliff Dochterman
The Town Council read into the record a proclamation honoring Cliff Dochterman for his many contributions to the Moraga community and around the world.
Brian South, President, Moraga Rotary Club, emphasized that Moraga Rotary had benefitted from having Cliff Dochterman as a member of Moraga Rotary. His presence would be missed but his legacy lived on. He reported the Moraga Rotary Club Board had recently voted to make Cliff Dochterman an Eternal Member of the Moraga Rotary Club Board of Directors and his name would be listed in perpetuity on the list of Board of Directors. He thanked the Town Council for the proclamation honoring Mr. Dochterman.
PUBLIC COMMENTS OPENED
Mayor Sos reported there were no comments for this item.
PUBLIC COMMENTS CLOSED
The Town Council commended Mr. Dochterman for his knowledge, passion and insights and his membership as a Rotarian for over 60 years serving the less fortunate around the world; commended his efforts as a leader in eradicating polio in the world; his vision for the All Access Playground at Commons Park; and emphasized he was a special person around the world not just in the Town of Moraga. Mr. Dochterman's life was one that everyone could admire, and the community was blessed to have had him as a member. His memory would be cherished.
C. Proclamation Honoring the Moraga Garden Club
The Town Council read into the record a proclamation honoring the Moraga Garden Club.
Town Council Regular Meeting 2 March 9, 2022
Parks and Recreation Director Breyana Brandt congratulated the Moraga Garden Club for its efforts and creation of the Moraga for Monarchs pollinator habitat and demonstration garden at Rancho Laguna Park.
The Town Council also commended the Moraga Garden Club for its inspirational work, particularly with respect to the Monarchs pollinator habitat and demonstration garden at Rancho Laguna Park, which had served as inspiration during the pandemic and as a strong collaboration between Town service organizations and Town government.
Bobbie Preston, Moraga, thanked the Town Council for the proclamation and the Town's support, particularly the Parks and Recreation Director and her staff, the contractor, Moraga Park Foundation and all service organizations and volunteers in the Lamorinda area. She added the monarch wing sculpture had been a gift donated to Moraga Garden Club and some of the other design elements had been gifts of the artist. She was grateful the Town was committed to protecting all pollinators and welcomed everyone to the June 5, 2022 celebration at Rancho Laguna Park to celebrate Monarch Day and the Welcome to the Garden event. She also thanked her fellow Moraga Garden Club members.
Julie Stagg, Moraga, emphasized that a commitment to nature was priceless. She thanked everyone who had helped to facilitate the enjoyment of that relationship.
PUBLIC COMMENTS OPENED
Mayor Sos reported there were no comments for this item.
PUBLIC COMMENTS CLOSED
D. Presentation on SB 1383 - Reducing Short-Lived Climate Pollutants in California by Judith Silver, RecycleSmart
Judith Silver, Senior Program Manager, RecycleSmart, provided a PowerPoint presentation on Senate Bill (SB) 1383 - Reducing Short-Lived Climate Pollutants in California, the most significant waste reduction legislation passed in the State of California in the last 30 years, establishing a target to reduce statewide disposal of organic waste by 75 percent from 2014 levels by 2025, including a statewide target of not less than 20 percent of currently disposed edible food recovery for human consumption by 2025, with food waste representing 18 percent of the waste stream.
She stated this program made sense both from a waste diversion and Greenhouse Gas Emissions (GHGs) reduction perspective.
Ms. Silver described how AB 1383 would affect everyone with obligations on local governments, facilities and generators. She identified the RecycleSmart Board member agencies comprised of Lamorinda communities, City of Walnut Creek, Town of Danville and some portions of unincorporated Contra Costa County. An Ordinance adopted in December 2021 compelled generators to separate organics and keep them from the landfill giving RecycleSmart the ability to request records and information to meet its reporting obligations on the communities' behalf.
Organic waste generators would be required to provide three-stream color coded containers, educate employees and tenants on this requirement and provide access for inspection. Multi- family tenants would be required to participate in food scrap and food soil paper diversion. Edible food generators and recovery entities would be required to recover edible food, keep records and provide them upon request. Haulers and self-haulers would be required to take organics to an appropriate facility, keep records and provide them upon request.
She further detailed the responsibilities of RecycleSmart. As part of the last State budget, funds had been set aside to be administered by CalRecycle through a block grant to assist local Town Council Regular Meeting 3 March 9, 2022
governments with the implementation of SB 1383. All member agencies (including the Town of Moraga) that applied on behalf of RecycleSmart were thanked for their assistance, with most of those funds to come to RecycleSmart to allow for implementation without requiring significant rate impacts.
As part of the implementation of AB 1383, Ms. Silver provided an overview of the Organic Waste Collection Services that would require the three-container source separated collection service.
As part of education and community outreach, Recycle Smart would educate all organic waste generators, commercial edible food generators and self-haulers about relevant requirements and provide tools to commercial entities to assist them with their obligation to educate employees and tenants on the correct separation of discards.
For Capacity Planning, information requested by the County must be provided within 120 days of request to ultimately determine infrastructure needs in terms of identifying organics processing capacity, a List of Tier 1 and Tier 2 generators, a list of good recovery organizations and estimate of organics and edible food disposed by Tier 1 and 2 generators. Annual inspections would include an enforcement and inspection program. RecycleSmart's requirements included compliance and enforcement with an overview of the Ordinance adopted in 2022, compliance and monitoring education and compliance and monitoring enforcement.
Ms. Silver highlighted the Implementation Record and recordkeeping requirements and Edible Food Recovery Program. She also outlined the Tier 1 and Tier 2 Commercial Edible Food Generators and provided an overview of the Tier 1 (by 2022) and 2 (by 2024) thresholds. As an example of a Tier 1 business in Moraga, she identified the Safeway Store and a list of Tier 2 businesses including Moraga schools, Saint Mary's College (SMC) and Moraga Country Club (MCC). She added that everyone would be notified of the regulations required by SB 1383.
Member agency responsibilities were also highlighted and included procurement: recycled paper and organic waste product procurement and related recordkeeping; CalGreen: recovery of organic waste from mixed and construction and demolition (C&D) debris; adequate space for containers in commercial spaces; and the Water Efficient Landscape Ordinance (MWELO). The Recovered Organic Waste Product Procurement was also described where RecycleSmart had proposed an approach to address the organic waste procurement obligations on behalf of the member agencies to satisfy each member agency's annual obligation and the Town of Moraga had confirmed its participation.
Ms. Silver also explained that CalRecycle had the right to enforce on RecycleSmart and she highlighted the State enforcement and CalRecycle Oversight criteria that would begin in 2022, which included the authorization of waivers, emergency circumstances and overseeing and monitoring for compliance along with what would occur with violations.
Responding to the Council, Ms. Silver clarified the recordkeeping obligations at the municipal level with no requirements on behalf of the small business or commercial entity, other than if a business was self-hauling or back hauling material, and where RecycleSmart had the right to request that information. She emphasized that everything that could be done to keep material out of Keller Canyon Landfill and not require trucks to transfer the material was important and was an added benefit of SB 1383. Residents were encouraged to do as much backyard composting as possible, and at-home composting may result in a discount on a homeowner's garbage bill, would keep organics close to home, and could possibly reduce traffic impacts.
Ms. Silver reported that RecycleSmart had a program in its service area for a food recycling project which involved about 500 businesses which included some Moraga businesses. As part of the program, food scraps were collected and taken to East Bay Municipal Utility District's (EBMUD)'s digester where the material was co-digested at the site to create energy and RecycleSmart had an energy share with EBMUD to power that plant. While the individual Town Council Regular Meeting March 9, 2022
compositing facility was further away, individual trucks were not driving out to the composting facility in that everything was brought to a transfer station located in the City of Martinez.
PUBLIC COMMENT OPENED
Mayor Sos reported there were no comments for this item.
PUBLIC COMMENTS CLOSED
Councilmember McCluer thanked Ms. Silver for the presentation and commended the work of RecycleSmart.
Vice Mayor Woehleke echoed the comments and acknowledged historically the food waste in America and he supported whatever could be done to reduce that waste.
Responding to Councilmember Onoda, Ms. Silver provided an overview of White Pony Express, a local food recovery organization. RecycleSmart had partnered with them for a food rescue grant from CalRecyle to be used to help build the infrastructure to do more food recovery. White Pony Express was welcoming volunteers, with more information available on its website.
Mayor Sos stated that RecycleSmart was an example of pooling resources and sharing services amongst cities and towns, which was beneficial to each of the communities and RecycleSmart was ensuring its members were compliant with the many State laws in this area. She noted it would be inefficient if that compliance function was left to each of the jurisdictions. As future recycling, composting and organic legislation came from the State, the compliance rules that RecycleSmart handled on behalf of the member agencies was vitally important. She thanked Ms.
Silver and RecycleSmart for all of their work.
Councilmember McCluer referenced the next agenda item, Public Comments and Suggestions and referenced the Town Council Protocols in terms of civility. He asked residents to make their points but redouble efforts for civility.
5. PUBLIC COMMENTS AND SUGGESTIONS
Mayor Sos reported there were no comments for this item.
6. ADOPTION OF CONSENT AGENDA
A. Acceptance of Consent Items
Consent Agenda Item 6.4 was 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, 6.2, 6.3, 6.5, 6.6 and 6.7. Roll Call Vote: 5-0.
6.1 Receive Accounts Payable Claims for: 2/25/2022 Approved ($191,754.71)
Town Council Regular Meeting 5 March 9, 2022
6.2 Approve Minutes for the Special Joint Town Council and Approved Planning Commission Meeting on November 17, 2021
6.3 Mayors' Monarch Pledge Approved
Consider Resolution 23-2022 Approving Participation in the 2022 Mayors' Monarch Pledge through the National Wildlife Federation
6.4 Continued Use of Teleconferenced Meetings Removed
Consider Resolution 27-2022 Approving the Continued Use of Teleconferenced Meetings of Town Council and all
Committees and Commissions Pursuant to the Provisions of Assembly Bill 361
6.5 Continue Local Emergency Due to COVID-19 Approved
Consider Resolution 24-2022 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
6.6 Moraga Road and Hacienda Drainage Project Approved
Consider Resolution 25-2022 Awarding a Consultant
Services Agreement for Construction Management and
Inspection Services to AnchorCM (Lafayette) in a Total Amount Not to Exceed $59,725 including 15% Contingency of $7,790 for the Moraga Road and Hacienda Drainage Project (CIP 21-206); and Authorizing the Town Manager to Execute the Agreement (CEQA Status: Categorically Exempt)
6.7 Purchasing Policy Update to Comply with SB 1383 Approved Consider Resolution 26-2022 Amending the Town of Moraga Purchasing Policy to Conform to the Recycled-Content Paper Procurement and Reporting Requirements of Senate Bill 1383 B. Consideration of Consent Items Removed for Discussion
1. Continued Use of Teleconferenced Meetings
onsider Resolution 27-2022 Approving the Continued Use of Tele onferenced Meetings of Town Council and all Committees and Commission Pursuant to the Provisions of Assembly Bill 361
Councilmember McCluer explained that he had removed the item from the Consent Agenda, because although he had read the materials in the staff report, he found no information from the Contra Costa County Health Department stating there were no mask requirements as of February 16, 2022, or information from the California Department of Health stating there were no further mask requirements. He had received inquiries from the public asking when the Town would reopen and he questioned the Town's reopening process.
Ms. Battenberg reported that cities were starting to return to in-person meetings although half of the cities in Contra Costa County were still conducting virtual meetings. Staff had set a goal to return to in-person meetings for the March 23, 2022 Town Council meeting but staff recommended the Town Council adopt this resolution since it was uncertain what would happen in the future and, should the Town be required to return to virtual meetings, the resolution allowing that to occur would be in place. Barring any unforeseen health conditions, she asked the Town Council to plan to return to the Council Chambers for its March 23 meeting at 6:30 p.m.
Town Council Regular Meeting 6 March 9, 2022
Ms. Battenberg also confirmed that the resolution for this item must be adopted to allow this meeting to be held virtually and that a similar item would likely be on the Consent Agenda every 30 days so virtual meetings could continue to be held, including virtual Committee, Commission and other community meetings.
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 27-2022 Approving the Continued Use of Teleconferenced Meetings of Town Council and all Committees and Commissions Pursuant to the Provisions of Assembly Bill 361. Roll Call Vote: 5-0.
7. ADOPTION OF MEETING AGENDA
Councilmember McCluer noted there had been a change in the format of the meeting agenda for Item 8. Reports. In the past, each Councilmember had provided a report after which the Town Manager provided the Town Manager's Report, although that order had been changed.
Mayor Sos found the change to be non-substantive and at the discretion of the Presiding Officer.
The thought was that the Town Manager had important information for the community and the Council, and it was more efficient for her to provide the Town Manager's Report first.
Councilmember McCluer believed that any change in the meeting agenda structure was a Town Council discussion, and while a minor change, it should be considered as a future agenda item if the change was to be permanent.
Mayor Sos understood that discussion was not required and was ministerial and not a substantive change.
Councilmember McCluer stated he would leave it for now but reiterated there should have been a discussion amongst the Town Council.
PUBLIC COMMENTS OPENED
Mayor Sos reported no comments had been received for this item.
ACTION: It was M/S (Onoda/Makker) to adopt the Meeting Agenda, as shown. Roll Call Vote: 5-0.
REPORTS
A. Town Manager Update - Ms. Battenberg reiterated the March 23 Town Council meeting would be held in person. She also commented that the Town Council had been provided its meeting calendar for 2022 at a meeting in January, which included meeting dates for the second and fourth Wednesday of each month for regular Town Council meetings and the first and third Wednesday of each month for Special and Closed Session meetings. Additonal meetings would be held in 2022 due to the Housing Element Update, Bollinger Canyon Rezone, and Joint Town Council/Planning Commission meetings, extra meetings related to the Town Council Regular Meeting 7 March 9, 2022
upcoming traffic study, labor negotiations and other Closed Session items. Staff would notify the Town Council when additional meetings would be scheduled.
Ms. Battenberg added the budget pre-discussion would be held during a meeting in May, discussion of the Capital Improvement Program (CIP) on April 27, and a discussion of the Worst Streets First Program to be provided later this month.
Also, the Moraga-Orinda Fire District (MOFD) had held a Wildfire Prevention meeting on March 8 with another meeting scheduled for March 10 to discuss proposed changes to the MOFD maps and designation of additional areas in Moraga as a High Fire Severity Zone. All information was available on the MOFD website, and in the About Town newsletter and the Town was also active on social media including Facebook and Twitter.
In addition, Ms. Battenberg also reported that a power outage had occurred on March 9 due to a vehicle hitting a power pole; the Public Works Department advised that the Town had doubled the number of encroachment permits issued in the first two months of the year as compared to the first quarter of 2020 and 2021; the Town would be returning to all of its summer and spring events which was being embraced by the community; the Balancing Act Tool was now live on the Town website; the housing survey remained available, and residents were encouraged to participate.
Ms. Battenberg further clarified the Town had not received any Senate Bill (SB) 9 applications but had received inquiries. She again clarified the intent of the Town Council calendar for 2022 with Councilmembers encouraged to contact her directly with any questions.
B. Mayor's and Councilmembers' Reports
Mayor Sos - Was pleased to receive the latest edition of the About Town newsletter and return of many spring/summer activities. She reported she attended the joint meeting of the Town Council/Planning Commission to discuss the Housing Opportunity Sites and commended the fantastic overview of the key considerations and issues with continuing opportunity for public comment through the housing survey and the Balancing Act Tool, with information on the Town website and with additional meetings planned throughout the year.
Mayor Sos also reported that as the child of Ukrainian immigrants she had been absolutely touched and moved by community support for Ukraine. She thanked Councilmember Onoda for attending a recent vigil in the City of Lafayette and thanked everyone for their open hearts, compassion and concern.
Vice Mayor Woehleke - Reported the Town Council had received an e-mail from Scott Parker who had been featured in the Lamorinda Weekly, having picked up a great deal of trash over a range of locations in the community and with the assistance of the Public Works Department. Mr. Parker thought the Town should have better management of trash and he had discussed with staff how the Town could achieve that goal. He stated he would pursue better recognition of people who did such work beyond a declaration.
Councilmember McCluer - Reported he had a conversation with the Principal of Campolindo High School reporting this was the last week for students to be required to wear masks. He also reported he had attended a Moraga Chamber of Commerce Board meeting and learned the office had recently been ransacked.
He briefed the Council on the Chamber's efforts to focus on the Moraga Citizen of Town Council Regular Meeting 8 March 9, 2022
the Year and Non-Profit or Business of the Year and work to prepare a program related to a request for the allocation of American Rescue Plan Act (ARPA) funds.
He also reported that the New Delhi Bistro had closed; Community Service Day had held a kick-off meeting with a more detailed draft of projects due in early April; and he had attended a joint meeting of the Town Council/Planning Commission to discuss the Housing Opportunity Sites which had been well done and reported he had spoken with Jay Kerner and Dave Bruzzone prior to that meeting to obtain stakeholder input.
Councilmember McCluer also reported that residents had inquired about Measure K policy, and although the item was not on this agenda, he understood there would be an opportunity for the Town Council to have a discussion in April.
Councilmember Onoda - Reported she had attended a joint meeting of the Town Council/Planning Commission to discuss the Housing Opportunity Sites, applauded the Town Council, Planning Commission and staff for the well-done meeting; and had attended a vigil in the City of Lafayette for the people of Ukraine.
Councilmember Makker - Reported she had attended a joint meeting of the Town Council/Planning Commission to discuss the Housing Opportunity Sites and commended staff for the fantastic report; and had been doing her part to spread the word about the MakeMoragaHome.com survey amongst the rental community.
9. PUBLIC HEARINGS
There were no public hearings.
Mayor Sos declared a recess at 8:05 p.m. The Town Council meeting reconvened at 8:13 p.m. with all Councilmembers and staff present via Zoom.
10. ORDINANCES, RESOLUTIONS AND REQUESTS FOR ACTION
A. Annual Road Rehabilitation and Storm Drain Program
Consider Resolution 28-2022 Awarding a Professional Services Agreement for Engineering Design Services to Harris & Associates (Concord, CA) in a Total Amount Not to Exceed $344,573 Including 15% Contingency of $44,944 for the 2021- 2023 Annual Road Rehabilitation and Storm Drain Repairs Project (CIP 21- 205); and Authorizing the Town Manager to Execute the Agreement (CEQA Status: Categorically Exempt)
Public Works Director/Town Engineer Shawn Knapp provided a PowerPoint presentation of the ARPA Funded Storm Drain Program which included photographs of the Rheem Boulevard Sinkhole Repair Project; details of the Storm Drain Master Plan of 2015, and 2019 Addendum to the Storm Drain Master Plan. The Storm Drain Operations and Maintenance Plan, Enhanced Storm Drain Program (SP), FY 2021/22 Operations and Maintenance (O&M) Activities, and ongoing O&M activities were also highlighted.
ARPA funding provided an opportunity for major investments in the Town's Storm Drain infrastructure, status of ARPA CIP projects, and the status of storm drain CIP projects with other funding were all detailed as outlined in the staff report.
Mr. Knapp provided an overview of the Harris Proposal for engineering services for 2021-23 Drain Repairs which would provide the following:
Town Council Regular Meeting 9 March 9, 2022
• Inspect Storm Drain (SD) Pipes and Inlets, including 7,660 LF Corrugated Metal Pipes, known nuisance pipe issues and Pipes and Culverts 36 inch and larger. • Upload Inspection Data and Reports to Town GIS.
• Log and Prioritize Rehabilitation/Replace (R/R) Deficient SD pipes. • Identify Utilities to be Relocated or Repaired for Priorities. • Provide Engineering Design R/R Recommendations and Cost Estimate for Each Deficient SD Pipe.
• Provide Final SD Assessment Condition Report - August 2022; and • Provide Engineering Design Bid Package for one Priority CIP project based on $1,186,000 Construction Budget - January 2023.
Mr. Knapp asked the Town Council to adopt the proposed resolution.
Responding to the Council, Ms. Battenberg again clarified the ARPA funding for storm drains, the 2019 addendum to the Storm Drain Master Plan, and explained that the agenda item was essentially three years' worth of cleaning, televising and determining what needed to be done reactively and proactively for the Town's storm drains and placing it into a larger scaled project to afford economies of scale, and was an incredible opportunity for the Town.
Included in the report was a conditions assessment report which was scheduled to be received in August 2022, and it was expected that report would provide conclusions on what could be done, with projects to be designed. There were also additional pipes that needed repair, and this was an opportunity to do a change order for the contract with Harris & Associates for the additional design work, and add the pipes to the January 2022 project in order to have a larger project and put the Town in a much better position to leverage the ARPA funds and catch up.
Mr. Knapp added that the original 2015 and 2019 studies were determining the extent of infrastructure in place, not videotaping and analyzing the repair needs. With the modest investment the Town Council had made a few years ago, this program was up and running and from that allowed the development of a number of projects that had been designed and could go into construction as the projects were awarded. ARPA funds would allow inspection of all of the pipes the Town had deemed very critical for inspection to be able to determine the repair needs and be confident of avoiding a future sinkhole.
Ms. Battenberg explained that the information gained from the one-and-a-half years of programming had been informative and the information to be gained through the larger cleaning, repairing and televising efforts would allow better numbers based on actual costs. She suggested the Town would be able to hone in on the costs, although everything had become more expensive in the construction world.
Mr. Knapp confirmed there had been a drastic increase in construction prices as they moved along which was not something the Town had expected, but was the current atmosphere, particularly in the Bay Area.
Ms. Battenberg noted the corrugated metal pipes were the most vulnerable in the system.
Mr. Knapp again confirmed that the corrugated metal pipes were the first priority for inspection, but they could also address anything that was a nuisance or other issues could also be inspected.
This inspection was for public pipes only.
Town Council Regular Meeting 10 March 9, 2022
Ms. Battenberg clarified that pipes on private property were the responsibility of the private property owner.
Mr. Knapp provided an overview of the NASSCO Rating Criteria required of all inspectors used by the Town, an industry standard used for storm drains and sewer systems. Any pipes through the inspection process that were rated 5, as an example, would require highest attention with defects analyzed for immediate attention.
Vice Mayor Woehleke reported he had submitted a photograph to staff of a pipe wall that had significant corrosion and Mr. Knapp commented he had not walked the property and could not say at this time what the NASSCO rating would be, although that was the purpose of the inspections to allow the pipes to be inspected and rated appropriately. He had seen much worse pipes, which would or could fail and advised that staff had been monitoring the referenced pipe and hoped to have it officially rated in the system to ensure the right approach would be followed.
Mr. Knapp again clarified the Enhanced Storm Drain Program (SP), which would be both pro- and reactive, with the inspection of the pipes in order to make determinations for repairs, and for some pipes that had already been identified as failing having been listed in the 2019 Addendum or original 2015 Storm Drain Master Plan. The SDP included a list of CIP projects and O&M. If the use of ARPA funds was chosen, it would allow the Town to address the more vulnerable pipes that needed to be repaired now or in the near future and ensure they did not fail prior to that point.
In response to the statement as shown in the sixth paragraph of Page 4 of the staff report which read: It is likely that the inspections will reveal more failing pipes that need to be repaired or replaced than the $1,186,000 construction budget for this Project. Based on the conditions assessment report scheduled to be received in August 2022, the Town could consider allocating additional ARPA funding to the project, Ms. Battenberg explained that it was assumed the Town Council would not spend all of the unallocated ARPA funds in this next year and would set some funding aside, and in August staff would return with the recommendations from the assessment condition report and modify or amend the Harris & Associates design contract and possibly increase the budget to address pipes that may have scored 5 on the NASSCO Rating Criteria which needed repair.
Assistant Town Attorney Denise Bazzano clarified this agenda item was not a budget decision but an item to award a Professional Services Agreement for Engineering Design Services to Harris & Associates.
PUBLIC COMMENTS OPENED
Mayor Sos reported no comments had been received for this item
PUBLIC COMMENTS CLOSED
Councilmember Onoda thanked staff for all of their work on a project which was incredibly important. Referencing the Rheem Boulevard Sinkhole, which had occurred during a rainstorm, she expressed concern the Town could have lost lives and emphasized the importance of this project. She thanked the Public Works Director for all of his hard work to keep residents safe.
Councilmember Makker appreciated the diligence and the staff explanation in detail of the analysis provided. She agreed this project was important and wanted to move forward.
Councilmember McCluer thanked staff for their hard work, found the use of ARPA funds made sense, but wanted more clarity on what may or may not have changed since the original reports, which may become clearer once the CIP had been discussed. He supported moving forward and Town Council Regular Meeting 11 March 9, 2022
looked forward to future discussions as part of the budget process. He also found Harris & Associates had been a quality partner with the Town of Moraga.
Mayor Sos also expressed her appreciation to Town staff and suggested that being proactive was critically important. She had more reassurance as the Town Council had improved its knowledge, starting with the Storm Drain Master Plan of 2015 and the 2019 Addendum to the Storm Drain Master Plan. She also supported the Harris & Associates' proposal which included a great deal of reporting and accountability, with the project to be done very rigorously with transparency and opportunity for the Town Council to understand what was happening. She fully supported the item.
ACTION: It was M/S (Woehleke/Onoda) to adopt Resolution 28-2022 Awarding a Professional Services Agreement for Engineering Design Services to Harris & Associates (Concord, CA) in a Total Amount Not to Exceed $344,573 Including 15% Contingency of $44,944 for the 2021-2023 Annual Road Rehabilitation and Storm Drain Repairs Project (CIP 21-205); and Authorizing the Town Manager to Execute the Agreement (CEQA Status:
Categorically Exempt). 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
The Town Council acknowledged receipt of:
Letter from Moraga Community Foundation Confirming Donation Check to the Town of Moraga for $100,000 Towards the Moraga Commons Enhancement Program Dated February 28, 2022.
14. ADJOURNMENT
ACTION: It was M/S (Onoda/Makker) to adjourn the meeting at 8:55 p.m. Roll Call Vote: 5- Respectfully submitted by:
Marty C. Mcinturf, Town Clerk
Approved by the Town Council:
Renata M. Sos, Mayor
Town Council Regular Meeting 12 March 9, 2022