TOWN OF MORAGA
REGULAR MEETING
March 23, 2022
Rovember, 1914 MINUTES
6:30 p.m. Regular Meeting
Council Chambers and Community Meeting Room
335 Rheem Boulevard, Moraga, California 94556
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
Dr. Ben Ho led the Pledge of Allegiance.
3. SPECIAL ANNOUNCEMENTS
There were no special announcements.
4. PROCLAMATIONS AND PRESENTATIONS
Proclamation Honoring Ben Ho for 40 Years of Volunteer Service to the Town of Moraga
The Town Council read into the record a proclamation honoring Dr. Ben Ho for his 40 years of service to the Town of Moraga.
Chief of Police Jon King also recognized Dr. Ben Ho for his service to the Town of Moraga, stating he had been an incredible asset, friend and colleague. A framed copy of the proclamation was presented to Dr. Ho as well as a plaque recognizing his 40 years of service to the Moraga Police Department.
The Town Council again recognized Dr. Ho for his 40 years of service to the Town of Moraga's Police Department and expressed their pride in Dr. Ho's role in the Department stating that Dr.
Ho was a worthy recipient of the Town's first in-person proclamation in two years.
Dr. Ben Ho thanked the Town Council for the proclamation. He was honored and humbled to have served the Town of Moraga for the past four decades and emphasized the importance of public service and volunteerism as the cornerstone of the Town of Moraga. He recognized the hard work of his fellow officers present in the Council Chambers and emphasized the pleasure of working with them. They worked tirelessly and supported staff who were well trained and dedicated to making families in Moraga safe. He also expressed his appreciation to his wife and family for their support and stated he stood before the Town Council only with the support, understanding and tolerance of his wife and his fellow officers.
Town Council Regular Meeting March 23, 2022
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
B. Proclamation Declaring March 2022 as American Red Cross Month The Town Council read into the record a proclamation declaring March 2022 as American Red Cross Month.
Diana Graham, a volunteer for the American Red Cross, thanked the Town Council for the proclamation. She appreciated some residents had personal experience with the American Red Cross, described the Sound the Alarm program related to the replacement of smoke alarms which would commence again in May, and detailed the numerous services provided by the agency. As a resident of Moraga and someone who had lost a residence in the Oakland Hills Fire, she appreciated the need to be prepared for wildfire and other crises prior to a disaster. Programs and services related to COVID-19 offered by the American Red Cross were also detailed and it was hoped Moraga would continue to support the American Red Cross for its work.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
Vice Mayor Woehleke recalled when his attic caught fire in 2011 the Fire Department at that time had offered information on obtaining American Red Cross services if needed. He could attest to the work of the American Red Cross, and as a blood donor commended the services provided.
He had also served as a volunteer for the Sound the Alarm program pre-pandemic.
The Town Council recognized the good work and inspiration of the American Red Cross to help those who were suffering, acknowledged how the organization had evolved over time, and expressed its appreciation for all the work to provide assistance and save lives in times of crises.
5. PUBLIC COMMENTS AND SUGGESTIONS
There were no comments from the public.
6. ADOPTION OF CONSENT AGENDA
A. Approval of Consent Items
No Consent Agenda Items were removed from the Consent Agenda.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Onoda/McCluer) to adopt Consent Agenda Items 6.1, 6.2, 6.3, 6.4, 6.5,
6.6, 6.7, 6.8, 6.9 and 6.10. Vote: 5-0.
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6.1 Receive Accounts Payable Claims for: 03/11/2022 Approved ($629,646.16)
6.2 Approve Minutes for the Town Council Special Meeting Approved on December 1, 2021
6.3 Approve Minutes for the Town Council Regular Meeting on Approved December 8, 2021
6.4 Approve Minutes for the Town Council Special Meeting on Approved January 5, 2022
6.5 Approve Minutes for the Town Council Regular Meeting on Approved January 12, 2022
6.6 Proclamation Declaring March 2022 as Prescription Drug Approved Abuse Awareness Month
6.7 Camino Ricardo Development Agreement Annual Review Approved Receive and Accept Annual Review of Camino Ricardo (Harvest Court - Subdivision 9321) Development Agreement Determining Good Faith Compliance by the Developer with the Terms of the Agreement
6.8 Commons Park Irrigation Project Approved
Consider Resolution 29-2022 Awarding a Construction
Agreement to Bruno Landscape Management & Construction, Inc. (Atascadero, CA) as the Lowest Responsible and
Responsive Bidder in the Total Amount Not to Exceed $193,635 including base bid of $172,237, Alternate Bid Item No. 1 of $3,795 and a 10% Construction Contingency of $17,603 for the ommons Park Irrigation Project (CIP 20-302); Appropriating 7 835.75 from the Recreation Donation Account for the Proiec Authorizing the Town Manager to Execute the Construction Agreement; and Authorizing the Town Engineer to Execute Contract Change Orders for up to 10% of the Agreement Amount (CEQA Status: Categorically Exempt)
6.9 2021 Street Resurfacing Project Acceptance Approved Consider Resolution 30-2022 Accepting Improvements for
the 2021 Street Resurfacing Project (CIP 21-401) as Completed by Bear Construction, Inc. (Hayward, CA) and Authorizing the Town Engineer to Record Resolution with the Contra Costa County Recorder's Office (CEQA Status: Categorically Exempt)
6.10 Hacienda Flood Control Project Grant Application Approved Consider Resolution 31-2022 Authorizing the Town of Moraga's Submittal of a $400,000 Grant Application to the California Department of Water Resources for Funding of the Laguna Creek Restoration at Hacienda de las Flores and Flood Control Project; and Authorizing the Town Manager to Execute the Grant Funding Agreement and Any Other Necessary Grant Documents
B. Consideration of Consent Items Removed for Discussion No items were removed from the Consent Agenda for discussion.
Town Council Regular Meeting 3 March 23, 2022
ADOPTION OF MEETING AGENDA
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Woehleke/Onoda) to adopt the meeting agenda as shown. Vote: 5-0.
REPORTS
A. Town Manager Update - Town Manager Cynthia Battenberg was pleased to be present again for in-person Town Council meetings in the Council Chambers. She reported that evacuation door knockers had been provided throughout the Town from a local Girl Scout and were available in the Town offices lobby. She also reported that 796 housing surveys had been received with the survey to remain open until the end of March. The Balancing Act Tool was also available, and the public was encouraged to use the tool with all information available on the MakeMoragaHome website.
Ms. Battenberg announced a walking tour had been scheduled for March 25 at 3:00 p.m. at the Rheem Center Post Office to walk the property, and at 4:00 p.m. outside of the Canyon Club Brewery in the Moraga Center for a walking tour of Moraga Center. Two community meetings were also scheduled to discuss the housing opportunity sites: an in person meeting on March 30 at 6:00 p.m. at the Casita at the Hacienda de las Flores and a virtual meeting on March 31 at 12:00 p.m. via Zoom.
Parks and Recreation Director Breyana Brandt provided an overview of the status of summer camp registration, launch of new camp programs, and reported private events would return at the Hacienda this week with staff working closely with Wedgewood Weddings to share knowledge of lessons learned regarding noise mitigation. Information had been sent out to residents from the Town's contact list sharing a reminder that events were returning to the Hacienda and the fact that Wedgewood Weddings had inherited 25 events, which would operate a bit differently and with the new commitment to commence on July 1, 2022. An Open House had been tentatively scheduled for May to view the new improvements at the Hacienda.
Ms. Brandt also reported the Moraga Youth Involvement Committee (MYIC) was vorking on a new multicultural event, Spring Fest, in partnership with the Acalane nion Hiah School District (AUHSD). with a commitment from the four leadershi teams to be held at Commons Park on May 14.
Chief King provided an update on an armed robbery that had occurred the enforcement agencies on the case. Due to the Town's camera system, strong leads had been developed and officers were working diligently on the case. The City of Orinda had experienced similar robberies.
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Chief King added a number of burglaries had occurred at the Rheem Center and in cooperation with other local agencies a search warrant had been served, with property able to be recovered from some of those burglaries and with the charging packet to be presented to the District Attorney. There had also been another burglary in the Rheem Center, with charges to be filed on that case as well.
B. Mayor's and Councilmembers' Reports
Mayor Sos - Reported that during its March meeting the Planning Commission had provided Saint Mary's College (SMC) the necessary approvals to move forward with the construction of its new Class A baseball stadium, a cornerstone of the SMC Master Plan. She congratulated the SC Women's Basketball team for capping its season by winning the 2022 Women's Basketball Invitational Tournament and congratulated the SMC's Men's team for earning a #5 seat in their region and having made it to round 32. She also reported the SMC Art Museum was free and open to the public Wednesday through Sunday featuring the exhibit "Power and Purpose: Reflection on the African Art Collection." Vice Mayor Woehleke - Reported he had attended a Special Town Council Closed Session meeting; most of the recent Moraga-Orinda Fire District (MOD) Board meeting and briefed the Council on the status of an MOD Ordinance to draw a local map for Moraga and Orinda that would have assigned a Very High Hazard Severity Zone to all of Orinda and much of Moraga; however, the MOFD Fire Chief had withdrawn the proposal. He commended the MOFD Fire Chief for pursuing all avenues that would enhance the safety of the MOFD area but also consideration of impacts that designation would have had on homeowners. He had also met with Town staff to discuss stormwater culverts, with the Town having obtained funding to address stormwater drains which would be enhanced when shown to be deficient.
Vice Mayor Woehleke added that all Councilmembers had been contacted by the Rossmoor Rain Foundation about assistance supporting their effort to get a CAL FIRE grant in order to reduce the fire volume around Rossmoor. In addition, the new President of SMC would be inaugurated on April 8 at 11:30 a.m. followed by an installation ceremony and a community reception on the De La Salle lawn.
Councilmember Makker - Thanked everyone for the warm welcome for her first meeting in the Council Chambers. She reported she had attended a Special Town Council Closed Session meeting; had a conversation with the Moraga Chamber of Commerce regarding their proposal to be discussed later in the agenda; had initial conversations with members of the community about United Against Hate Week (UAHW); and was impressed with all of the social media activity from the Town and Parks and Recreation Department promoting Town events. She stated she would be participating in the upcoming walking tours in the two shopping centers this week and would continue to encourage residents to consider using The Balancing Act Tool.
Councilmember McCluer - Thanked staff for all of the activities planned to be provided as part of the review of the Housing Element. He reported he had attended the John Muir Land Trust (JMLT) hike of the Harvey property; had attended a Central Contra Costa Transit Authority (County Connection) Board meeting briefing the Council on the discussions; and had discussions with the two largest property owners of the Rheem and Moraga Centers regarding the needs of tenants and the Moraga Chamber of Commerce's presentation. He had also attended the Lamorinda Joint meeting on March 21 and asked that the Lamorinda Town Council Regular Meeting March 23, 2022
Action Plan be placed on a future agenda to allow for a discussion of new ideas given that traffic in Lamorinda was an issue.
Councilmember McCluer announced the Federal Reserve had increased interest rates this month and would increase interest rates again before the end of the year and into 2023 and expressed concern the opportunity for the Town to significantly see savings and refinancing opportunities to reduce debt may be lost.
Councilmember Onoda - Reported she had attended the MYC meeting and reported that Spring Fest would be held on May 14 from 11:00 a.m. to 2:00 p.m. at Commons Park. Also, the Art in Public Spaces Committee had a new video with three artists which was available on the Parks and Recreation Department website.
She too had attended the Lamorinda Joint meeting and briefed the public on the discussions. She also had conversations with business members and new representatives for the Moraga Chamber of Commerce.
PUBLIC HEARINGS
There were no public hearings.
10. ORDINANCES, RESOLUTIONS AND REQUESTS FOR ACTION
A. Chamber of Commerce Support and Business Assistance
Consider Resolution 32-2022 Approving the Appropriation of $25,000 from Fund 102 - American Rescue Plan Act (ARPA) for Moraga Chamber of Commerce Financial Support and the Moraga Chamber Gift Card Program; Consider Adding Additional Appropriation of up to $15,000 from Fund 102 for Moraga Chamber of Commerce Community Faire Event Sponsorship; and Provide Direction to Staff Regarding Direct Support to Businesses Through Proposed Business Grant Program and Financial Support of Events
Town Manager Battenberg presented the staff report. She asked the Town Council to adopt the proposed Resolution, which would enable the Council to provide immediate relief to the Chamber as follows:
• $10,000 payable no later than April 8, 2022 for assistance in recovering from the pandemic and to support the Chamber needs and provide for administration of general events.
• $10,000 payable in July 2022 to support Chamber needs and provide for administration of general events in Fiscal Year (FY) 2022-23; and • Up to $5,000 contribution to the Chamber's Gift Card Program, payable in $1,000 increments, assuming the Chamber released the Town from all liability.
The Town Council was also asked to provide direction on supporting the Business Program including the total allocation to the program, maximum grant amount, qualifying expenditures, program administration and financial support for events noting the resolution may be revised.
Responding to the Council, Ms. Battenberg clarified the amount of funding to assist the Moraga Business Recovery Grant Program of $150,000 had come from the prior February 23, 2022 discussion of the Chamber's request. She also commented that the business assistance application would likely be a two-page form available online that may include a number of questions for a qualifying Moraga business of less than 20 employees, with the business asked to identify what the funds would be used for.
Town Council Regular Meeting 6 March 23, 2022
Ms. Battenberg clarified the existing Small Business Program was a reimbursable program. The criteria for the Moraga Business Recovery Grant Program had been outlined in the March 23, 2022 staff report. She noted the ARPA funds included a requirement that the funds could not be used prior to March 3, 2021. As such, consideration of back rent and other expenses would not be able to go further back than March 3, 2021 but the categories were broad. Receipts and accountability were required, but they could be flexible with that accountability.
Ms. Battenberg commented the Town of Moraga had always been very creative in approaching events but there had not been past Town funding of Chamber events. Community sponsors and fundraising efforts had been utilized and she referenced a number of the community events and the creative efforts that had been pursued in the past.
For the Moraga Business Recovery Grant Program, general economic development information could be provided on the Town website identifying available resources to provide assistance for the businesses to create ideas.
Based on the direction from the Council whether to consider assistance for the Moraga Business Recovery Grant Program, staff would return with a resolution to appropriate funds and provide more information. The proposed resolution included the appropriation of $25,000 from Fund 102 - ARPA for Moraga Chamber of Commerce Financial Support and the Moraga Chamber Gift Card Program, and she noted the Gift Card Program included a typographical error on the top of Page 2 of the resolution which stated (...limited to $20 for retail purchases..." which should be corrected to read $200.
Ms. Battenberg clarified the Town Council may strike out whatever it desired in the Resolution and may add up to $15,000 for events. Anything above that amount would have to come back since that was not what had been posted on the meeting agenda.
Assistant Town Attorney Denise Bazzano explained that the agenda title provided for a maximum of $15,000 for the Community Faire and as exceeding that amount had not been identified on the agenda, a larger contribution would have to come back for Town Council approval.
Ms. Battenberg explained that the agenda had been written with the recommended disbursement of allocation of $25,000 and the Town Council had the ability to allocate an additional $15,000 for the Community Faire. Based on the Council direction, the Council may come back at the next meeting with any other programs. Staff sought direction from the Town Council.
Moraga Chamber of Commerce Executive Director Katie Bidstrup introduced Chamber of Commerce President Gian Panetta and Secretary Mark Hoogs. She provided a PowerPoint presentation which outlined the Mission Statement for the Moraga Chamber of Commerce To facilitate and promote the development of a sound business environment in the Town of Moraga; and the Chamber's request during the February 23, 2022 Town Council meeting to consider setting aside $250,000 in ARPA funds to support Moraga businesses. At that time, the Town Council had invited the Chamber to return with a request for "low hanging fruit" for immediate funding and that had been done and would now be presented.
Ms. Bidstrup detailed the request of $30,000 for business rescue funding, $17,000 for community events, $5,000 for the Gift Card Program and $10,000 for Chamber operations for a total of $62,000. The Chamber appreciated the Town's suggestion for $150,000 but wanted the Town to consider $30,000 for immediate business rescue which would provide grants up to $5,000 for businesses struggling with rent and utilities and which would be administrated by the Town since the Chamber had no interest in administering the program.
Ms. Bidstrup reiterated the Chamber would return in the future with a second ask for a more detailed request for funding and it was hoped to have data from this effort to inform the later request for additional ARPA funding.
Town Council Regular Meeting 7 March 23, 2022
Ms. Bidstrup reported that the Chamber had met with Town staff on three occasions and some program details that had been discussed were missing which she outlined. She had also just learned the ARPA funds could only be applied back to March 2021 but the Chamber wanted eligibility to go back to the start of the pandemic. The Chamber also had a discussion about Home-Based Businesses, and it was important to consider that all businesses be treated equally and any ARPA funds allocated remain earmarked for businesses and not have to be reabsorbed by the Town, which was the case with the Coronavirus Aid, Relief and Economic Security (CARES) Act funding.
Ms. Bidstrup detailed the request for $17,000 for events and noted that 69 percent of Moraga businesses surveyed had requested more events to help drive traffic to their doors with the Community Faire $15,000 ask based on information over the last three years. The Community Faire would be outside of the doors of local businesses, was a known quantity to the businesses and the public, could be done now and would be a great reentry to public events. If the Community Faire was not sponsored by the Town financially, the event would not happen since the Chamber did not have the funds. It was the intent for the event to be as free as possible, allow the businesses to have 'skin in the game' and bring the public in for a known event. The Chamber already had conversations with the operators of the Car Show to participate in the event.
Ms. Bidstrup also detailed the request for $2,000 for the Art Walk event which would not be as costly and which would not take a lot of time from any one group. Art Walk would involve art installed at different locations, organizations would handle the installations, there would be an opening night with various businesses involved in food and refreshments, the Mayor would be asked to provide comments and artists would be present, with an interactive map with details for the artwork/artists to be made available at the Chamber.
Ms. Bidstrup further explained the Gift Card Program was a beta test and the Chamber wanted to see how this program operated. The Gift Card Program would encourage people to shop Moraga, allow the businesses to upsell and allow the ARPA funds to be recycled back into the community adding additional sales revenue. She had spoken with the Lafayette Chamber of Commerce about their Gift Card Program which sold out quickly and Lafayette would be adding more funds to their program. She also provided details of the City of Concord's Gift Card Program.
Ms. Bidstrup also detailed the request for $10,000 for Chamber operations with the Chamber providing vital support for Moraga businesses playing a critical role in connecting and facilitating collaboration between the Town and businesses. She emphasized that the pandemic had significantly impacted the Chamber's funding and businesses had been unable to pay rent, utilities and Chamber dues.
Ms. Bidstrup again detailed the results of the survey the Chamber had conducted in January 2022. The desire was to have more information once the programs she had outlined were up and running to see what was working and what was not and have that information as part of a future funding request. The Community Faire was not intended to make a profit, the intent was for the requested funding to be used for reimbursement of costs.
Ms. Bidstrup reiterated the Gift Card Program was a beta test and they were uncertain whether it would work but suggested $5,000 was a limited ask. She again detailed the results of the recent Chamber survey with events sought by a large percentage of respondents. She added that there were members of the Chamber of Commerce Board who were also business owners in the Rheem Center and who were interested in having a Community Faire. There had been a lot of requests for the event in general.
Chamber of Commerce President Gian Panetta explained that the future of the Community Faire had been discussed after the retirement of the former Executive Director who had spent a great deal of time struggling to obtain sponsorships. Following the Executive Director's retirement, the Town Council Regular Meeting 8 March 23, 2022
Chamber was unable to spend the same amount of time trying to obtain sponsorships for the event. He emphasized the volume of work needed to produce the event and it was hoped with the ARPA funding and improvements for local businesses there would be funding for the event in the future. The reason the event had been held over the past ten years had been due to the work of the former Executive Director who had done the work herself with limited Board assistance.
Parks and Recreation Director Brandt stated the Town had partnered with various community events and had mobilized service groups to take over smaller aspects of an event, and Ms.
Battenberg suggested those organizations could be contacted to see if there was interest.
Vice Mayor Woehleke suggested the Chamber also contact the Boy Scouts to determine whether there would be interest in volunteering for the Community Faire.
Ms. Battenberg explained the reason staff had recommended $150,000 in funding now was that the Town could get the money to the businesses as soon as possible. If the Town Council decided to consider a larger Business Recovery Grant Program, that could be done before the item came back and she would likely have follow-up clarifying questions for the Town Council.
PUBLIC COMMENTS OPENED
Bill Snider, Moraga, owner of two retail stores in Moraga, stated he had been fortunate since the hardware store was able to remain open during the shutdown as an essential business. He reported there had been 12 police reports of crime at his hardware store since July 2020, and believed the insurance provided to local businesses was inadequate. He asked the Town Council to consider the importance of local businesses in Moraga and the role elected officials played.
He asked the Town Council to streamline the program as much as possible with no bureaucracy.
As a long-time resident and local business owner he wanted to help the business community and Chamber members. If some of the money was used for Chamber members to pay dues or pay for the Community Faire, he supported that and the Chamber's request for funding as requested.
Dr. Salvia Javidan stated she and her husband were co-owners of Massage Envy in the Rheem Center. She explained that many Massage Envy sites in Contra Costa County had closed, many businesses in the Rheem Center had closed, and she and her husband had spent their own money to keep the business open. The business had been in existence since 2014 but she was uncertain the doors could be kept open.
Dr. Javidan was uncertain the Town Council was aware of the magnitude of the business losses due to the pandemic. Some of her employees had moved out of the area due to the cost of living and she asked that the allocation be increased and that any event that would bring people to her door such as the Art Walk should be supported.
Massour Kashmiri, co-owner with his wife of Massage Envy in the Rheem Center, stated that the business had 17 employees, seven or eight of whom were Moraga residents. He urged the Town Council to do what it could to provide assistance to the local business community.
Gian Panetta, speaking as a local business owner, stated his belief that while there were efforts at communication between the Chamber and the Town, many businesses were unaware of the CARES Act funding and he urged improved communications with the business community. He hoped they could move forward out of the pandemic with everyone working together.
Steve Hammond, Bay Area Ballplayers, emphasized that all businesses in Moraga had been challenged financially due to the pandemic and any financial support the Town could provide would be appreciated by all businesses. He hoped the Town Council would appropriately decide what made sense to provide a boost to local businesses.
PUBLIC COMMENTS CLOSED
Town Council Regular Meeting March 23, 2022
Mayor Sos recommended the Town Council first address the request for direct support to businesses, then discuss and address assistance to the Chamber itself, funding of events and the Gift Card Program.
Direct Support to Businesses - Moraga Business Recovery Grant Program Councilmember Onoda recognized the priority was to support local businesses. She acknowledged the Town did not have additional funds in the past due to emergency situations but that was not currently the case. She had spoken to local businesses and had been dumbfounded by the rents being paid. She otherwise emphasized the importance of someone to provide assistance to a business related to the application process for financial assistance.
Councilmember McCluer thanked the Chamber for working with the Town Manager on this matter. He also thanked everyone for their comments and emails that had been received. He noted that the $250,000 the Chamber had initially requested was six percent of the total ARPA and he was unsure that was enough and was open to changing that. When he had conducted a community engagement tour with the Vice Mayor in 2021, the priority in the community was a desire to retain and attract more retail. He liked the Chamber's approach, had spoken to landlords in both the Rheem and Moraga Centers and provided their comments on the Chamber's recommendation. He agreed the process should be streamlined and there was a clear need for financial assistance with back rent the top of the list.
Councilmember Makker also appreciated all the comments and correspondence provided and she read into the record an except from one of the pieces of correspondence. She suggested the proposal to go high on a one-time approach versus the two-pronged approach made the most sense given the immediate need to pay for back rent, utilities and COVID-19 safety equipment, and she found there was enough data to conclude a grant program would be a viable and immediate solution to address the gaps. She was ready to discuss and move forward with the $150,000 approach to fund the Moraga Business Recovery Grant Program.
Vice Mayor Woehleke apologized to the business community since when the ARPA funds were announced, their use for economic recovery had not been immediately communicated to the business community. He thanked staff for its efforts thus far and supported the Chamber's proposal for $30,000 in ARPA funds. He recommended that an advocate from the Council should be assigned to work with staff and the Chamber to work out the details for the $30,000 given the Town had to find the balance of streamlining and satisfying the required accounting.
Mayor Sos agreed the money should be in the hands of the businesses as soon as possible and she believed this was a circumstance where no one knew what would be enough or what was appropriate and all that was known was the pain the business community was experiencing. The Town Council had received poignant testimony and emails that local businesses needed money to make up for some of their losses and be able to reposition themselves to be successful in this new normal. While the Town did not have all the data, it knew enough that the funding was needed. She supported the staff proposal and suggested there were controls in place given the lessons learned about the CARES Act experience and process that could be applied in this case.
She suggested moving forward now.
Councilmember Onoda appreciated all of the work from Town staff and the Chamber to start this program. She stated that $150,000 was a good start, agreed that streamlining be considered, and urged the Chamber to encourage the business community to apply for the funds. She hoped the funds would be used for whatever the businesses needed, and she hoped the word would get out that the Town Council was there for its local businesses and would do whatever it took to make that happen.
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Vice Mayor Woehleke clarified he was not against the $150,000 but he was concerned the Town Council would be developing the budget soon for 2023, which included the ARPA funds, and if all the ARPA funds were assigned now it may impact the future ask or the budget.
Ms. Battenberg explained that when the ARPA funds had last been discussed a couple of meetings ago it had not been staff's position that all ARPA funds be allocated for next year, and that the funds needed to be expended or promised by 2024, and there were capital projects where the funds could be expended by 2026. She stated there were a lot of ARPA funds allocated for capital programs and the results of the storm drain inspections would be presented in the fall which may require additional funds to repair failing storm drains.
Vice Mayor Woehleke suggested on that basis he would be more comfortable assigning greater funds up front but again all of the details still needed to be worked out with a methodology created to identify how that would happen.
Councilmember McCluer could be persuaded to consider the larger amount now although it was important to allow the Chamber to come back with its second presentation, with the Town Council open to additional funding based on the presentation. If that could be done, he could support the larger amount of $150,000.
Mayor Sos summarized the Town Council direction to support $150,000 for the Business Recovery Grant Program, to be Town administered, with staff to meet and confer with the Chamber of Commerce and/or businesses between now and the next Town Council meeting to fine-tune the details with as broad coverage of the program as possible consistent with the requirements of the ARPA funds, to also include a streamlined user-friendly application process and any suggestions as to how the Town may assist and broadcast to the business community the availability of the ARPA funds.
Councilmember Makker stated she was willing to participate in any additional Town Council meetings to get that work done.
Mayor Sos noted if the work could be done on a fast track without a Special Meeting that would be preferred given the impacts on staff.
Councilmember McCluer commented the Town Council would not meet for three weeks for a regular meeting. If the work could be finished sooner, a special Town Council meeting may be necessary and would likely be a short meeting.
Ms. Battenberg advised that staff could have everything ready to go to open the program once staff had the okay from the Council. She asked for clarification whether the Town Council would like the program to be up to $3,000 per business or up to $5,000 per business.
Vice Mayor Woehleke understood some businesses may not need financial assistance, although there was no guarantee the Town would not receive applications from such businesses as CVS as an example. He commented that the details had yet to be discussed and it was a not a simple issue. He pointed out that property owners had a piece of the equation as well.
Mayor Sos requested there be a way to have a measurement of the businesses that were in need, and Ms. Battenberg stated that $150,000 would provide for 30 businesses at $5,000 per business. Staff would receive the applications and report back to the Council and get information of the business needs based on the business applications. If additional funds were needed, staff would return to the Town Council.
Councilmember McCluer believed the Chamber was in a position to advise the Town Council as it had the experience with the businesses and its cap was for 30 businesses at $5,000 per business.
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Ms. Battenberg clarified that based on the comments from the Town Council, staff would move forward with 30 businesses at $5,000 per business. She also asked for direction on the issue of staff's opinion that Home-Based businesses had less overhead and there was likely less need for grant funding. Staff had recommended a smaller grant amount for Home-Based businesses. She asked for direction from the Town Council.
Councilmember McCluer agreed there was a difference between a Home-Based business and a brick and mortar business. He thought a Home-Based business should receive less assistance.
Councilmember Onoda stated that Home-Based businesses had also struggled. She asked that the process be kept simple and that the program be established at $5,000 per business for all businesses.
Councilmember Makker agreed that the program be simplified and streamlined to meet the needs of the businesses given the Town Council did not know the details and contours for each business. She supported $5,000 for all businesses.
Ms. Battenberg clarified the recommendation for a grant program at a maximum of $5,000 and a touchpoint in the future to evaluate the applications received, provide information into the various categories, determine how much people had requested and identify how much funds had been received. If the Town Council approved the program, staff would have everything ready for the April 13 Town Council meeting to allow applications to be released within the next week after the approval of the program. As to whether the Town Council could meet to take action on April 6, she reiterated there was already a Closed Session scheduled for that date with two potential items and it was anticipated to be a long meeting.
Chamber Assistance
Councilmember Onoda commented that in the past (prior to Town emergencies) the Town had given the Chamber $9,000. She supported the request for $10,000 for Chamber assistance for this year and $10,000 for 2023. Councilmembers McCluer, Makker, Vice Mayor Woehleke and Mayor Sos agreed to provide Chamber assistance in the amount of $10,000 for this year and $10,000 for 2023.
Town Council consensus for Chamber assistance in the amount of $10,000 for this year and $10,000 for 2023.
Funding of Events - Community Faire and Art Walk
Councilmember McCluer referenced an email from Ellen Beans which emphasized the importance of the Community Faire. He stated one-time Town funding was important, the Community Faire was a great business event and offered businesses an opportunity to promote their businesses, would offer something for the community and was a kick-off to summer. He supported the request for funding.
Councilmember Onoda also supported funding for the Community Faire if the Chamber wanted to do it. She suggested the Chamber meet with the businesses in the Rheem Center to ensure there was a sidewalk sale for those walking through the center. She also suggested that pony rides should be done well and welcomed the Chamber to contact her for assistance. She also supported the Art Walk.
Councilmember Makker suggested one of the responsibilities of the Town Council was to be fiscally prudent. She found there was inadequate detail about the events to compel her to allocate ARPA funds. While she understood the excitement, she was uncertain how the events would provide immediate relief. There was also a lack of precedent of the Town directly funding such Town Council Regular Meeting 12 March 23, 2022
events which also informed her decision. She sought durable solutions and felt strongly that the Moraga Business Recovery Grant Program be available as quickly as possible since it would offer an immediate solution versus a one-time event where it was unknown how it would link to business recovery. She could therefore not support the allocation of ARPA funds for events.
Vice Mayor Woehleke clarified that Councilmember Makker had not attended a Community Faire in the past since the event had not occurred since she had moved to the Town of Moraga. He detailed the background of the Community Faire which event was an active day historically with around 1,000 people in attendance. He found that both the Community Faire and Art Walk were marketing events, and while not durable, it would be consistent with the use of ARPA funds and help bring the business community out of the pandemic. Even if the Community Faire was half successful; he was willing to take that risk and he supported both events.
Mayor Sos concurred with Councilmember Makker that one of the responsibilities of the Town Council was to be fiscally prudent and she suggested the Chamber assistance and Moraga Business Recovery Grant Program would have immediate tangible benefits, with events more attenuated and a risk. She had initially been disinclined to authorize funding but found the comments from the business owners present to be persuasive in their desire to create opportunities for foot traffic and get people reintroduced to the businesses. She was reluctantly supportive of the funding but wanted to encourage an effort to not use all of the funding for events and rather to consider sponsorships and other opportunities to defray costs. If there was a strong desire in the business community for this one-off request, providing some certainty at this point would be helpful but not as significant as $15,000.
Vice Mayor Woehleke pointed out the limited timing to plan for the event. He asked whether the Town Council was providing an endorsement for funding for the two events at this time.
Ms. Battenberg confirmed that could be added to the resolution of approval in Attachment A. As part of the title for the staff report for the item and as shown on the meeting agenda, the Town Council may allocate up to $15,000 for events.
Mayor Sos and Vice Mayor Woehleke clarified their comments were directed to both the Community Faire and Art Walk.
Councilmember Makker thanked everyone for providing more context about the events and she expressed her support of the Chamber's request for funding of the Community Faire.
Voucher Program
Councilmember Onoda commented that while she would not use a voucher program, she had nothing against anyone who would.
Vice Mayor Woehleke commented that rather than receive a $20 voucher he would prefer a $10 certificate but could support the program as proposed.
Councilmember McCluer was open to the concept, found the program had been successful in other communities, was open to the idea of a better structure but ultimately found the voucher program to be a great way to provide sales revenue to local businesses.
Councilmember Makker noted she was concerned that the program was a beta test and she wanted to make decisions with as much actual data as possible. She suggested there were alternatives to incorporate this program into the operations of business relief that reached the same concept.
Mayor Sos suggested the voucher program did not pass the fiscal prudence test. She appreciated the candor that it was described as a beta test but was not comfortable expending Town Council Regular Meeting 13 March 23, 2022
public funds for the voucher program and would rather give the $5,000 to a business owner who had a demonstrable need that would drive traffic and revenue. She pointed out the Town Council would be giving the Chamber $10,000 more than requested providing an opportunity for the Chamber to strategically and proactively come up with additional programs that had staying power and were durable.
On the discussion, Councilmember Onoda could not support the voucher program but if the Chamber wanted to proceed with the program nothing stopped the Chamber from moving forward. She too would rather give $5,000 to a business that needed it.
Based on the feedback and additional discussion, the following revisions were made to the resolution contained in Attachment A, as follows:
• Amend the title description on Page 1 to read: Approving the Allocation of $37,000 from Fund 102 - American Rescue Plan Act (ARPA) for Moraga Chamber of Commerce Financial Support and Sponsorship of the Moraga Community Faire • Amend the second to last whereas clause on Page 1 to read:
WHEREAS, to assist the Moraga Chamber in recovering from the economic impact of the pandemic and to support the Moraga Chamber's needs and provide for their administration of events, staff is recommending allocation of $12,000 in immediate support this fiscal year and an additional $10,000 next fiscal year payable in July 2022 • Amend the last whereas clause on Page 1 to read:
WHEREAS, to promote Moraga business recovery from the pandemic, the Town will sponsor the 2022 Community Faire to be organized by the Moraga Chamber of Commerce at the $15,000 level
• Eliminate the first full whereas clause shown on Page 2 of the resolution. • Amend the Now, Therefore Be It Resolved clause on Page 2 to read:
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Moraga that the Town Manager is hereby authorized to appropriate $37,000 from Fund 102 - American Rescue Plan Act (ARPA) for payment to the Moraga Chamber of Commerce as follows:
$12,000 payable no later than April 8, 2022 to assist the Moraga Chamber in recovering from the economic impact of the pandemic and to support the Moraga Chamber's needs and provide for their administration of general events;
2. An additional $10,000 in July 2022 to support the Moraga Chamber's needs and provide for administration of events in Fiscal Year 2022-23;
3. A $15,000 contribution for sponsorship of the 2022 Community Faire; and ACTION: It was M/S (Woehleke/Sos) to adopt Resolution 32-2022 Approving the Town Council Regular Meeting 14 March 23, 2022
Mayor Sos declared a recess at 9:30 p.m. The Town Council meting reconvened at 9:40 p.m. with all Councilmembers present.
B. 2022 - 2024 Pavement Rehabilitation Report
Teceive and Accept the 2022-2023 Pavement Rehabilitation Basıs of Design Memo, Pavement Treatment Recommendations and Provide Staff with Direction, if any, on the Strategy for Implementation of the Three-Year "Worst Streets First" Pavement Rehabilitation Project
Mayor Sos allowed public comment at this time.
PUBLIC COMMENTS OPENED
Michael Carradine, Moraga, a resident of Corliss Drive, was pleased to see the Town Council in person. He noted the "Worst Streets First" Street Pavement List had not included around 200 feet of Moraga Road to Corliss Drive, which should have been a priority given the condition of the roadway. The roadway was in total disarray and had failed, and while not catastrophically, it had sunk quite a bit. The roadway section crossed Laguna Creek and when the original subdivision had been built a 12-foot culvert had been built in the creek which had been backfilled with about 20 feet of dirt and there was nothing to hold the dirt back on the sides resulting in settling over the years. The road was now a rollercoaster, curbs were broken and no longer aligned, there were dips in the roadway which did not drain and ponded, and the pavement was cracked with delamination and pieces missing with water percolating into the backfill making it more flexible and spread more. He asked that that segment of the roadway be included on the "Worst Streets First" Street Pavement List.
Public Works Director/Town Engineer Shawn Knapp reported there were many sections of Corliss Drive and the section referenced by the speaker was on the "Worst Streets First" street list and had been identified in the staff report for this item. The first 100 feet of the street would be reconstructed and the storm drain culvert underneath the roadway had been videotaped, inspected and identified for future repairs.
PUBLIC COMMENTS CLOSED
Mr. Knapp provided a PowerPoint presentation of the 2022 Pavement Management Report Update that included an overview of the pavement management approach, pavement history for the Town, projected pavement budget for 2022/23 to 2031/32, Worst Streets First Street Pavement Condition and the Basis of Design Memorandum, proposed treatments, and the 2022, 2023 and 2024 Street List. The StreetSaver Software Calculations for the Pavement Condition Index (PCI) were also highlighted. The Town Council was asked to receive and accept the Basis of Design Pavement Treatment recommendation and provide direction on strategy for implementation of the Three-Year "Worst Streets First" Pavement Rehabilitation Project.
Responding to the Council, Mr. Knapp clarified that if the Town Council provided direction to proceed, the PowerPoint presentation and all materials would be posted on the Town's dedicated website, letters would be mailed to all property owners and residents along each of the identified streets. He stated that sewer laterals were the responsibility of the property owner to be scheduled for the later years.
Mr. Knapp confirmed the details as part of the 2022 Pavement Management Report, again clarified the budget, with the Town Council having approved two motions to fund the program, one for a 2021 project where additional funds had been allocated and this project where the Town Council funded additional funds to complete the project. He again detailed the "Worst Streets First" Street Pavement Condition and 2022-2024 Pavement Rehabilitation Project Scope of Work.
Town Council Regular Meeting 15 March 23, 2022
Mr. Knapp and Ms. Battenberg further clarified the figures in the Estimated Annual Pavement Management Program Budget table as shown on Page 4 of the staff report and clarified Town staff's work related to street repair. Repair of traffic signals and medians were part of the ongoing street budget, the budget would be set by the cost of services, and when going out to bid the contractor would provide the cost of services independent of any revenue source. Funds available for the program were dictated by the Town's revenue whereby two years ago staff had projected the monies the Town had based on the revenue sources, and staff had prepared the "Worst Streets First" Program, a three-year program given the Town's revenues. There had been an increase in revenues and in construction costs, and the methodology used for preparing the budget for the project was identified.
Mr. Knapp explained that the StreetSaver Software tool had been used to analyze budgets and pavement strategies. That analysis had been done for the Basis of Design and for the 10-year projections using the budget as provided in the table on Page 4 of the staff report.
Ms. Battenberg and Mr. Knapp clarified the "Worst Streets First" approach was being done for the next three years to address Poor and Very Poor streets. After that time staff would work with the Town Council on how to next proceed and discuss whether Measure K funds could be used for storm drains and asset replacement on an ongoing basis after the completion of the "Worst Streets First" approach. It was noted that the Annual Pavement Budget had been updated and in Fiscal Year 2025/26 included a carve out for a potential contribution to the Storm Drain Operations and Management (O&M) Capital Project at the amount recommended in the 2019 Addendum, increased by inflation.
Ms. Battenberg added the Town Council had previously indicated a desire for the PCI to be kept at 70 but every point above 70 PC! cost more so a policy discussion should occur in the future.
Staff was uncertain what the actual amount would be but she reported that Measure K revenue had jumped about $500,000 this year.
As to the assumed PCI in the final available pavement budget after the first year of the "Worst Streets First" was completed, Mr. Knapp stated the PCI would increase to 76 and then stabilize to 74 PCI for a number of years.
Ms. Battenberg commented that changing to a PCI of 70 would be a Town Council policy decision.
Vice Mayor Woehleke commented that in reading the information it reinforced why the types of resurfacing and extending the life of the road operations was scientifically based, and it showed that the civil engineers were doing their job. He was pleased that some of the roads did not need quite as much work as expected but in this environment and when moving forward managing the budget would be critical since the Town would have to fight for limited resources and it was possible they may have to delay the program if premiums were too high. He was happy to accept the report as presented.
Councilmember Onoda thanked staff for the presentation. She recalled in 2014 when the PCI was 64, particularly on Larch Avenue, which had been in very poor condition. She noted the Town had come far.
Councilmember McCluer also thanked staff for the in-depth pavement reports. He supported the item and urged flexibility given the state of uncertainty due to inflation and expressed his hope prices would level off in the future.
Councilmember Makker also accepted the report and appreciated the staff presentation and responses to the public comment.
Mayor Sos too thanked staff for the presentation and strong analytics and noted the report had already shown some flexibility since the Town had to pivot in the past in response to changing Town Council Regular Meeting 16 March 23, 2022
circumstances. She otherwise found it interesting that the physical inspections had contradicted the StreetSaver Software, which was evidence there was no substitute for eyeballing things. She too accepted the report.
ACTION: It was M/S (Woehleke/Makker) to receive and accept the 2022-2023 Pavement Rehabilitation Basis of Design Memo Pavement Treatment Recommendations for Implementation of the Three-Year "Worst Streets First" Pavement Rehabilitation Project.
Vote: 5-0.
ACTION: It was M/S (Woehleke/Onoda) to Extend the Town Council Meeting to 10:45 p.m.
Vote: 5-0.
C. 2021 Annual General Plan and Housing Element Report
Consider Resolution 33-2022 Accepting the 2021 Annual General Plan Implementation Report and Housing Element Annual Report and Authorizing Staff to Submit Reports to the State Department of Housing and Community Development and the State Office of Planning and Research (CEQA Status:
Exempt); and
Review and Accept Work Program Priorities Related to Implementation of the General Plan for the Fiscal Year 2022-23
The Town Council acknowledged receipt of the 2021 Annual General Plan and Housing Element Report and waived the staff presentation.
Responding to the Council, Planning Director Ashan Hamid clarified the template for the report had been produced by the State Department of Housing and Community Development (HCD), and the Town's information had been uploaded to the HCD website as part of a standard format required by HCD. She also clarified Table 1, Quantified Housing Goals and Progress, as shown on Page 4, and explained that the current 5' Cycle Housing Element had been broken down into income categories with the 6'h Cycle Housing Element to include the same income categories.
She clarified the reporting would depend on the number of developments the Town received via what had been approved and permitted. She added that the report was dynamic, changing each year, with the templates to be updated.
Ms. Hamid commented that one of the reasons the annual report was so critical to HCD was that it allowed the Town to qualify for transportation and infrastructure grants and the Town's accomplishments on an annual basis and more housing accomplishments were getting more and more important. HCD did not provide funding to municipalities for reporting, but the state was providing funding in other ways such as transportation improvements for affordable housing near Transit Oriented Developments (TODs). She also clarified that Southern California was on a different Housing Element cycle and was ahead of Northern California. Southern California was being watched very carefully and she understood 197 cities had submitted their Housing Elements to HCD while only seven had been approved.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
Councilmember McCluer thanked staff for the report. Referencing the table on Page 4 of the report, he commented that there was a perception that Contra Costa County was not doing its share to provide housing. Reading the report, one may conclude the Town of Moraga was not doing its fair share to provide the income categories required but the reality was the Town had Town Council Regular Meeting 17 March 23, 2022
zoned for such housing and would zone for its Regional Housing Needs Allocation (RHNA), while developers had not built the housing. He wanted to be more proactive in future reports to show the Town had met every income category and every goal.
Councilmember Makker agreed it would be worthwhile to provide that additional information.
She was ready to move forward.
Vice Mayor Woehleke agreed with the comments and recognized all of the staff work but was uncertain why it was being required by HCD.
Mayor Sos concurred and emphasized the trust the Town Council had with the Planning Director's work where they were comfortable reading the staff report and the attachments. She commended the Planning Director and her team for their efforts.
ACTION: It was M/S (Woehleke/Onoda) to adopt Resolution 33-2022 Accepting the 2021 Annual General Plan Implementation Report and Housing Element Annual Report and Authorizing Staff to Submit Reports to the State Department of Housing and Community Development and the State office of Planning and Research (CEQA Status: Exempt); and Review and Accept Work Program Priorities Related to Implementation of the General Plan for the Fiscal Year 2022-23. Vote: 5-0.
Ms. Hamid commended Associate Planner Brian Horn for his work and for reaching out to each Town Department. She also acknowledged the input from all Departments for listing their accomplishments and goals.
The Town Council also expressed its appreciation to Associate Planner Horn for his work.
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 (McCluer/Onoda) to adjourn the meeting at 10:40 p.m. Vote: 5-0.
Respectfully submitted by:
MartiC Mentin
Marty C. Mclnturf. Town Clerk:
Approved by the Town Council:
Woefle
Stevę Woehleke, Mayor
Town Council Regular Meeting 18 March 23, 2022