TOWN OF MORAGA
REGULAR MEETING
April 13, 2022
Rovember, 197% 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
PLEDGE OF ALLEGIANCE
Parks and Recreation Director Breyana Brandt led the Pledge of Allegiance.
3. SPECIAL ANNOUNCEMENTS
Mayor Sos reported the Town Council had held a Special Closed Session on April 6, 2022. There was no reportable action as a result of the meeting.
4. PROCLAMATIONS AND PRESENTATIONS
A. Certificates of Appreciation Honoring Outgoing Town of Moraga Committee and Commission Members
Mayor Sos detailed the work of the following outgoing Town of Moraga Committee and Commission Members: David Zeimer, Art in Public Spaces Committee; Tim Freeman, Audit and Finance Committee (AFC); Graig Crossley and Bob Foxall, Local Sales Tax Oversight Committee; Bob Giomi, Park and Recreation Commission; and Andrew Lueder, Planning Commission.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
Mayor Sos read into the record the Certificates of Appreciation to be presented to each of the outgoing Committee and Commission members. Councilmembers expressed their appreciation to each member's volunteer contributions to the Town of Moraga but expressed concern with the competency, expertise and knowledge that would be lost due to their absences from their respective Commissions/Committees.
B. Proclamation Declaring April 2022 as National Sexual Assault Awareness Month Town Council Regular Meeting 1 April 13, 2022
The Town Council read into the record a proclamation declaring April 2022 as National Sexual Assault Awareness Month
Paul Graves, Senior Deputy District Attorney, Contra Costa County and the President of the Board of Community Violence Solutions, thanked the Town Council for the proclamation. He recognized the Town of Moraga had been very supportive of Community Violence Solutions over the years, and described the work provided by the organization which operated the Rape Crisis Hotline, provided advocates for any sexual assault examinations in hospitals, operated a children's center where victims of sexual assault could be interviewed in a more acceptable area by trained personnel, and provided education in local schools. He stated the Moraga Police Chief had been a major supporter of Community Violence Solutions and Moraga Rotary had taken Community Violence Solutions under its wing for this year as a non-profit. As the proclamations had stated, National Sexual Assault Awareness Month allowed victims to come forward and shed a light on what was occurring in the community and in the country.
PUBLIC COMMENTS OPENED
Chief of Police Jon King thanked Mr. Graves for the work he and Community Violence Solutions provided to the community which he highly commended. Sexual assault was a big issue in the community and victims were often silent. He hoped victims knew there were advocates in the Town of Moraga and through Community Violence Solutions.
PUBLIC COMMENTS CLOSED
The Town Council expressed appreciation to Community Violence Solutions for its advocacy and for raising awareness and agreed that the stigma associated with sexual assault must be eliminated to allow victims to come forward.
5. PUBLIC COMMENTS AND SUGGESTIONS
Dave Schnayer, Moraga, thanked the Council for the return to in-person meetings. He asked that the Town Council consider a future agenda item for a Noise Ordinance which had been requested by many residents on numerous occasions. He thought there would be no cost to the Town.
6. ADOPTION OF CONSENT AGENDA
A. Approval of Consent Items
Consent Agenda Item 6.5 was removed from the Consent Agenda.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Woehleke/Onoda) to adopt Consent Agenda Items 6.1, 6.2, 6.3 and
6.4. Vote: 5-0.
6.1 Receive Accounts Payable Claims for: 03/25/2022 Approved ($152,027.77)
6.2 Approve Minutes for the Town Council Regular Meeting on Approved Town Council Regular Meeting 2 April 13, 2022
January 26, 2022
6.3 Approve Minutes for the Town Council Special Meeting on Approved February 2, 2022
6.4 National Pollutant Discharge Elimination System Program Approved Consider Resolution 33-2022 Continuing the Existing Rate For Fiscal Year 2022/23 of $35 per Equivalent Runoff Unit as the Annual Assessment for Drainage Maintenance and the National Pollutant Discharge Elimination System (NPDES) Program
6.5 Continue Local Emergency Due to COVID-19 Removed
Consider Resolution 34-2022 Renewing and Continuing the Local Emergency Relating to COVID-19 as Proclaimed by the Director of Emergency Services in March 17, 2020 and Ratified by Town Council on March 23, 2020
B. Consideration of Consent Items Removed for Discussion Continue Local Emergency Due to COVID-19
Consider Resolution 34-2022 Renewing and Continuing the Local Emergency Relating to COVID-19 as Proclaimed by the Director of Emergency Services in March 17, 2020 and Ratified by Town Council on March 23, 2020
Councilmember McCluer explained that he had removed the item from the Consent Agenda to ask when the Town would no longer need to declare a local emergency.
Town Manager Cynthia Battenberg explained that the Town continued to agendize the item so that Town Committees and Commissions may continue to meet virtually since not all had returned to in-person meetings. There was also a benefit to the Town to continue under the emergency order. If something happened in the future the Town would continue to be covered. She did not recommend the Town lift the emergency order prior to the state doing the same.
Assistant Town Attorney Denise Bazzano stated she was unaware of any city that had lifted its local emergency. She recommended that it remain in place until it was known what the state may decide and since COVID-19 remained volatile.
ACTION: It was M/S (McCluer/Onoda) to adopt Resolution 34-2022 Renewing and
7. ADOPTION OF MEETING AGENDA
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (McCluer/Onoda) to adopt the meeting agenda as shown. Vote: 5-0.
8. REPORTS
Town Council Regular Meeting 3 April 13, 2022
A. Town Manager Update - Town Manager Battenberg reported that private events had returned to the Hacienda de las Flores on March 25, with 25 events scheduled for March through June, which had been booked under the Town's old agreement.
She reported an event at the Pavilion held on April 1 had resulted in multiple noise complaints. Staff and Wedgewood Weddings had been working to move receptions and dancing from the Pavilion to the Hacienda, but not all hosts had agreed to do so, and some events continued at the Pavilion. Residents were notified of final dates. Wedgewood Weddings was taking noise measurements to ensure the noise did not exceed the thresholds in their lease agreement. There were challenges since each event had a separate disc jockey and sound system which made it difficult to control the noise.
The Police Chief had taken noise measurements with Wedgewood Weddings during a recent event and had confirmed the noise readings from the property line were about 57 dBA throughout the event, well below the noise thresholds in the agreement. • Wedgewood Weddings management would continue to monitor events and work to keep the sustained noise levels below 65 dBA at the property Residents with complaints that noise inside their homes exceeded the permitted levels should contact the Moraga Police Department dispatch number.
She asked the community to have patience while the Town honored the contracts in place prior to Wedgewood Weddings taking over the events. Wedgewood Weddings would take full control of events on July 1, 2022.
Ms. Battenberg noted the Hacienda had hosted events for over 20 years and there would continue to be some level of activity during the event season.
Battenberg otherwise invited everyone to the Hacienda Open House scheduled for Thursday, May 12 at 5:00 p.m. with Wedgewood Weddings staff to be present to showcase facility improvements. In addition, she reported the Town's Activity Guide had been released this date with staff expanding the offerings of summer day camps and with the camps already 97 percent filled.
Councilmember McCluer reported he had recently noticed twelve large dead pine trees on Mulholland Ridge. He asked that the trees be included on the list for fire abatement, and Ms. Battenberg advised staff was working on an abatement plan and had been working regularly with the Moraga-Orinda Fire District (MOFD).
B. Mayor's and Councilmembers' Reports
Mayor Sos - Reported she had participated in a Rheem Elementary School third grade civics event and the following week had spent the lunch hour at all of the community's elementary schools. She shared some of the comments and questions students had provided during her visit. She also acknowledged and extended a belated Happy Birthday to 100-year old Moraga resident Sue Gelinas.
Vice Mayor Woehleke - Reported he too had participated in the Rheem Elementary School third grade civics event when a number of community leaders had also participated. He had also attended a League of California Cities Annual Dinner on March 31 and had learned how other cities were spending their allocated American Rescue Plan Act (ARPA) funds.
Councilmember Makker - Reported she had been looking into the Housing Element and opportunity sites in partnership with staff and community members; and had attended the March 25 walking tour led by staff at the Rheem Center with Town Council Regular Meeting 4 April 13, 2022
neighborhood discussions on the Housing Element and a demonstration of The Balancing Act Tool. She commended staff for doing a great job providing information and educating everyone on the topic of the Housing Element and opportunity sites.
Councilmember McCluer - Reported he had attended the April 6 Special Town Council Closed Session meeting; Moraga Chamber of Commerce Board of Directors meeting and two CCCTA (County Connection) meetings briefing the Council on the discussions; and had participated in a Town Hall hosted by the Planning staff to view the demonstration of The Balancing Act Tool. He also reported he had received many comments from residents about the costs of fire abatement and reminded the community the MOFD may be able to provide assistance if a homeowner was facing a financial burden.
Councilmember Onoda - Reported she had attended the inauguration of Richard Plumb, PhD. the new President of Saint Mary's College (SMC) and detailed his background and accomplishments. She suggested the Town was in a fabulous place for the future in terms of the Rheem Center and SMC.
9. PUBLIC HEARINGS
There were no public hearings.
10. ORDINANCES, RESOLUTIONS AND REQUESTS FOR ACTION
A. Housing Opportunity Sites and Rezoning
2023/2031 Housing Element: Direction on Housing Opportunity Sites and Rezoning
Planning Director Afshan Hamid advised of the State mandate deadline and requirement to submit an adopted Housing Element by January 2023. She reported the Town Council and Planning Commission had met jointly on March 2 to discuss the housing opportunity sites and to provide feedback. Since that time community engagement had included two community meetings, a walking tour, presentation to the Moraga School District (MSD), parent-teacher associations (PTAs), surveys submitted by SMC and a specific survey submitted by SMC students. All input helped to inform the next steps. She introduced Barry Miller, Barry Miller Consulting to make a PowerPoint presentation.
Barry Miller, Barry Miller Consulting, provided a PowerPoint presentation which provided an overview of the Comprehensive Advanced Planning Initiative components including the 2023- 2031 Housing Element, rezoning of key parcels, Focused General Plan Update (Phase 1), amendments for internal consistency with the Housing Element to meet the state Safety and Circulation Element mandates, and the update of the remainder of the General Plan (Phase 2), Bollinger Canyon Study Area rezoning and Program-Level Environmental Impact Report (EIR) covering the actions described.
Mr. Miller highlighted the Housing Element requirements; responses from the online Moraga Housing Survey which involved a total of 992 respondents as of April 13, 2022; and detailed the results of the use of The Balancing Act Tool, an online app used to gauge the public's opinion on where additional housing should be placed in Moraga, with participants asked to distribute 800 multifamily units to subareas on a map of the Town and with the results to help shape the allocation of units and provide awareness of the Housing Element.
Town Council Regular Meeting 5 April 13, 2022
Mr. Miller explained that a decision to develop would be entirely up to the property owner, designation of a site as lower income would not preclude its development with market-rate housing, most zoning changes would apply to districts rather than individual sites, each zoning district included one or more properties designated as opportunity sites based on site conditions and housing may be developed on other sites in each district.
For the Moraga Center Area R-20 zoned areas, it was recommended there be no change to the current zoning for an R-20B zoned parcel at 12.4 acres, with the site to count as Moderate density; and increase the density from 20 to 24-dwelling units per acre (DUA) on the R-20A zoned parcel at 6.1 acres only with the site able to support lower income consistent with the Moraga Center Specific Plan (MCSP). Another R-20B zoned parcel at 6.1 acres was recommended to increase the density from 20 to 24-DUA based on property owner input, with this site completely flat, closer to the services in the shopping center, and which included other features making it more suitable for the zoning density shown.
For the Moraga Center Area MCSP Mixed-Office Residential Zone, created when the MCSP had been adopted in 2020, it was recommended the allowable density be increased from 20 to 24- Office buildings on four parcels at School Street and Country Club Drive had been recommended to be considered as housing opportunity sites yielding 56 units, with the property owner interested in developing housing on this property. Other sites in the area could also be considered as housing opportunity sites if the Town desired to have a surplus of sites and included MSD and church properties.
For the Moraga Center Area MCSP Mixed Retail-Residential Zone at the north end of School Street behind Safeway, it was recommended the allowable density be increased from 20 to 24- DUA and the sites could be considered as housing opportunity sites yielding 253 units.
For the Moraga Ranch Overlay, it was recommended that housing not be permitted under the current zoning; however, the community had expressed interest in housing during community workshops through use of The Balancing Act Tool. The Town Council may consider allowing housing but not identify specific opportunity sites here or allow housing through a transfer of development right.
Mr. Miller also identified a proposed change to the boundary map for the block bounded by Viader Drive, Moraga Way, School Street and Country Club Drive, which consisted of four parcels currently zoned MCSP Commercial and which did not allow housing. It was recommended the zoning boundary of the four parcels be changed to allow the opportunity for the north half of the block to be counted as a housing opportunity site which could yield 15 units.
For the Moraga Center Area Commercial and Planned Development (PD) Zones, no changes had been proposed to the PD and Community Commercial Zoning Districts with continued commercial activity at the shopping center. Density transfers would be discussed during a Special Town Council meeting scheduled for May 4, 2022, which could potentially allow housing in that area.
For the Rheem Center, the current zoning did not allow residential development. State law required housing opportunities in multiple neighborhoods and the Moraga General Plan supported housing and continued commercial activity. Several owners in the Rheem Center had expressed interest in building housing that may facilitate revitalization of the commercial area and meet student needs at SMC. As such, and as the Town Council and Planning Commission had discussed on March 2, allowing housing in the entire area would maximize flexibility but would create the potential for more units than the Town's required Regional Housing Needs Allocation Town Council Regular Meeting 6 April 13, 2022
(RHNA). Retaining commercial zoning in part of the area would be similar to the approach taken for the MCSP, with the greatest residential potential along Rheem Boulevard while retaining the southern part of the center as Commercial.
For the Community Commercial Rezoning, it had been recommended the zone be divided and the existing CC District remain "as is," with the inclusion of a new zoning district "Mixed Commercial-Residential," which would allow housing up to 24 units per acre. The Rheem Theatre and gas station would retain the CC Zoning District and would not be included in the new zone.
Also, housing opportunity sites at St. Mary's Road and the Rheem Center would yield 210 units.
For the Suburban Office Rezoning, the existing zone applied to six parcels. It was recommended the zoning be renamed to "Mixed Office-Residential", similar to the MCSP to allow housing up to 24 units per acre. Three parcels may be counted as housing opportunity sites yielding 93 units.
For the Limited Commercial Rezoning at the east side of Moraga Road, no change had been recommended to the current zoning regulations and housing was not permitted in this area; however, a zoning change was recommended for the southeast corner of Lucas Drive and Moraga Road for Mixed Commercial-Residential, 24 units per acre, to facilitate housing. Listing a vacant parcel as an opportunity site would yield up to 28 units.
Summary maps of the new zoning recommendations for both the Moraga and Rheem Centers were provided and had shown that most of the capacity increases would be associated with the Rheem Center rezoning. The MCSP rezoning would increase capacity by 85 units and the Rheem In terms of the next steps and based on Town Council direction, the Housing Element was currently being drafted and staff was working to finalize the list of opportunity sites to move towards the Draft Housing Element, to be presented to the Town Council in the next few months.
The consultant was also starting the work on the Program-level EIR for the project and staff and the consultants would be drafting zoning regulations and objective standards for consideration by the Planning Commission in the fall with Town Council adoption expected by the end of 2022.
On May 4, 2022, the consultant would return to the Town Council to discuss inclusionary zoning options and impacts, density bonuses and potential impacts on projects, density transfers (transfer of development rights), parking standards and other development standards (height and Floor Area Ratio FAR)).
Responding to the Council, Mr. Miller, Ms. Battenberg and Ms. Hamid clarified:
• As part of the Housing Element requirements, zoning must allow at least 20 units per acre for the site to be eligible and 24-DUA or more was recommended. The Town must include a buffer or extra sites in case some of the opportunity sites became unavailable. Most cities had identified the top of the range at 24-DUA but Moraga could go lower with the range effectively 16 to 24-DUA.
• The proposed Moraga Center Area Zoning Summary Map was again highlighted with a recommendation for the crest of the hill to be more visible in future maps. • The recommendation to place housing in the flat open areas was intended to avoid Very High Fire Hazard Severity Zone Maps with CAL FIRE maps being used for this process.
The consultant would have to review the maps to verify whether or not both sides of Moraga Road had been designated as a Very High Fire Hazard Severity Zone. Housing opportunity sites had been limited to the west side. Identification of the Rheem Center as being in the Very High Fire Hazard Severity Zone had not been reflected in the CAL FIRE Town Council Regular Meeting 7 April 13, 2022
maps at this time. The area was currently shown as Moderate with portions in High and with the Moraga Center shown as Low on the CAL FIRE maps. The consultant was unaware of the MOFD Fire Chief's assessment that the Rheem Center was in the Very High Fire Hazard Severity Zone.
• Opportunity sites were defined as individual parcels of land that met certain criteria from the State making them well suited for housing; larger than a half an acre, smaller than 10 acres, relatively flat, zoned to allow 20-DUA, low assessed improvement values, vacant, and if not vacant involved a low FAR, which did not mean the parcels had to be developed • The State's buffer required 15 to 30 percent above the identified RHNA in order to provide extra housing opportunity sites. Currently Moraga was looking at around 22 percent for its buffer.
• Potential uses in the Mixed-Office Residential and Mixed-Commercial Residential Zoning Districts were identified. Hotels would be a permitted use in the MCSP in both the Retail and Commercial Zoning Districts. A hotel would be a Conditional Use Permit (CUP) in the Rheem Center.
• The Sstate did not recognize potential new units through density bonuses. If the Town had inclusionary zoning the developer may add more units with some units set aside as affordable, but the State did not allow those additional units to be counted as part of the fair share, only the realistic capacity under zoning may be counted. As an example, if rental units with a requirement that 20 percent of all units be affordable to Low income households, 20 percent of the units would be set aside for below market rents. But the developer of that project would be entitled to a density bonus which allowed more units to be built and the percentage of additional units that could be added would be fixed by State law.
• Density bonuses were typically 20, 30 and 40 percent. Concessions and waivers from the standards may be requested and the developer may request more height or decreased setbacks to make a project work.
• The amount of density bonus was based on affordability. • The benefits of retaining the Community Commercial Zoning as is versus allowing housing in the south end of the Rheem Center (Rheem Theatre property and gas station) involved unintended consequences of getting more units than the Town desired at this time but it could be a land bank for future Housing Elements. By retaining the Community Commercial Zoning, hopefully the Town may retain a vibrant retail area in that part of the Town.
• The Housing Accountability Act was identified and it was noted that once a site was zoned Residential it could not go back.
• Moraga Center Area R-20 Zoned area recommendations were again highlighted. If the larger site was identified as a housing opportunity site for Low and Very Low Income units, the State Department of Housing and Community Development (HCD) would ask where in Contra Costa County there was another development that was 10 acres or larger with Low income units. Affordable developments in Contra Costa County were located on much smaller sites than 10 acres and the Town would be hard pressed to demonstrate that would be a viable site for Low Income units.
Town Council Regular Meeting 8 April 13, 2022
• The Moraga Center Area Commercial and PD Zones were again highlighted, with the Moraga Nursery site not recommended to be rezoned for housing since there was already a large concentration of units next door (253 units) for the two sites on both sides of School Street. There had been no input from the owner of the nursery property. • Staff had reached out to the multiple property owners of the Rheem Center through letters and telephone calls and there was strong interest to redevelop the Rheem Center, not just from the majority property owner.
• Community input helped to guide the recommendations presented • For the Moraga Ranch Overlay, there was no recommendation to identify the property as a housing opportunity site, but there was a policy question as to whether housing should be permitted on the property which could be discussed at a future meeting. • For HCD's purposes, the Town may combine the Low and Very Low incomes and the housing opportunity sites may meet both.
• An Inclusionary Ordinance would apply to all new housing unit applications. • There were two applications pending for the MCSP Area for Areas 14, 15 and 17, which had been submitted under the zoning at that time and there had been no inclusionary requirement and therefore no affordable requirements on those applications even if they had not been approved. Any application submitted after an Inclusionary Ordinance had been adopted and was in effect would be required to comply with the Inclusionary Ordinance. As to the Palos Colorados and Country Club on Augusta Drive projects, those projects had already been entitled. No active application had been submitted for the Indian Valley; however no entitlements have been granted for Indian Valley. Staff recognized there were concerns the rules were unclear which was challenging since the Town Council had not yet had discussions on an Inclusionary Ordinance or density bonuses and the like.
• The Program-level EIR would address emergency access related to fires and identify mitigation measures. The Safety Element would be updated at the same time as the Housing Element and include very specific policies and programs working with the MOFD to address such issues.
• The Housing Element Update schedule was very aggressive, but the Town had to move forward with the Program-level EIR soon to effect the changes being discussed.
Mayor Sos declared a recess at 8:32 p.m. The Town Council meeting reconvened at 8:41 p.m. with all Councilmembers present.
PUBLIC COMMENTS OPENED
Ashley Coates, Moraga, Co-founder of HOME (Homes Options in Moraga for Everyone), believed everyone in Moraga should be able to live in Moraga. She supported the process and suggested the Town was moving in the right direction but asked that the topics to be discussed during the May 4 meeting include background on the decisions to be made.
Nikhil Gera, Moraga, the owner of a couple of parcels in the Moraga Office Park located on School Street that had been included as potential opportunity sites, commented he had spoken initially with the Planning Director on the potential about doing something on the parcels but, as they had discussed, the constraining factor was limited density and current parking stadards. The Town of Town Council Regular Meeting 9 April 13, 2022
Moraga's parking requirements required two and a half parking spaces per unit regardless of the size of the unit and limited the size that could be built. He noted his property was constrained by a nearby creek and he asked that parking be discussed further. Also, a density of 20 to 24-DUA would not cover the cost of construction, and he was unable to make anything pencil out at 20 to 24-DUA with an inclusionary component and subsidized units.
Jeffrey Stone, Moraga, Land Use Attorney/Contactor/Developer/Real Estate Broker and business owner, commented he was involved in all aspects of real estate and had been fortunate to have experience with construction from high-rise development to single-family residences. He noted he was the owner of Lucas Ranch located in the City of Lafayette, a development in the Town of Danville and in the City of Walnut Creek. He was familiar with the RHNA requirements and a member of the Board of Directors of Save Mount Diablo and cared greatly about open space and balancing the needs of housing, population growth, employment and providing housing for younger people to live and raise a family locally.
Mr. Stone suggested that parking requirements were killing development in Moraga. The Town could not expect a development to provide two and half spaces per unit. Most communities recognized State efforts towards a different transportation model and the future outlook of pulling vehicles off the road. He urged smart growth development consistent with RHNA that allowed developers to build projects that were not constrained by parking, height and setbacks. In terms of density, he urged the Town of Moraga to pay attention to the cities in Lamorinda and the Towns of Danville and Alamo for what was actually working so that from an inclusionary standpoint, developers may augment and build for various incomes rather than just market rate. Developers would otherwise not take on the risk due to rising inflation, interest rates and hard cost increases.
He urged the Town Council to look through the lens of developers to understand what could actually be built in Moraga, particularly since the State would only continue to place restrictions on future development.
Ellen Beans, Moraga, also a member of HOME, thanked the Town Council and staff for the incredible community outreach. She found the home survey to be phenomenal and understood the effort to create multifamily housing would help the local workforce, SMC community and seniors interested in downsizing, which was essential for the vitality of the Town to keep growing in different ways. She understood the need to change the zoning in many areas to meet the needs and agreed with the need to engage the multiple owners of the Rheem Center in this effort.
She looked forward to future presentations that would provide information on the process that could be made attractive to property owners to build additional housing units.
Dave Bruzzone, Moraga, reported he had submitted written correspondence to the Town Council.
He expressed concern with the MCSP Area 5/R-20 properties, which he thought were being treated differently than the other properties. He referenced the zoning that applied to the MCSP Area and understood the recommendation was now to allow 24-DUA for Area 14, but he wanted to encourage the Town Council to immediately change the current zoning that applied to Areas 14 and 5 to allow the State recommended 24-DUA. Changing from 20 to 24-DUA would not change the size of the potential units since the FAR already limited the size of a building to a specific FAR. He again suggested the Town would be making a mistake by treating the Bruzzone property differently and taking properties currently not zoned for housing and allowing up to 24- DUA and take existing properties identified previously in the 2015 Housing Element, the General Plan and the MCSP as State default density affordable housing zones.
Mr. Bruzzone reiterated the current zoning for Areas 14 and 5 should be immediately changed to 24-DUA. He also referenced the Moraga Center and commented there were areas immediately appropriate for residential development, such as the Moraga Nursey, and again asked that the Town not unilaterally exclude the MCSP Areas. He added the R-20B zoning designation included a discretionary approval process, not ministerial, and if there was an application for a 24-DUA Town Council Regular Meeting 10 April 13, 2022
project and the Town did not like it, that would be a discretionary process and the Town did not have to allow it. He suggested it was unreasonable not to increase the current zoning to 24-DUA.
He stated it did not make sense that the R-5 area, which was completely surrounded by other properties where 24-DUA would be allowed, but would not allow 24 DUA. He commented that the staff recommendations that had been presented on March 2 made sense but what was being considered now would be a radical change.
PUBLIC COMMENTS CLOSED
Mayor Sos clarified the recommendation for Area 14 was to go from 20 to 24-DUA, and for Area 5 to be split with part of the area to increase from 20 to 24-DUA and the other part to remain as is, as had been described in the PowerPoint presentation.
Mayor Sos re-opened public comment.
Brian Morris, Moraga, thanked Town staff and the consultant for the presentation. He had participated in the walking tour and recognized the need for affordable housing. He was concerned with livability in the area and hoped that mitigation measures would be undertaken to address traffic concerns including the ingress/egress along Moraga Way and Moraga Road. He understood the Moraga and Rheem Centers had been chosen as preferred sites for housing but there were limits, particularly due to issues with respect to egress related to the Rheem Center in the event of a fire. He urged the Town Council to keep livability in mind while considering the housing opportunity sites and rezoning.
PUBLIC COMMENTS CLOSED
The Town Council discussed and debated each of the recommendations proposed by the consultant and staff with Town Council consensus to accept the recommendations for Summary of Recommendations: Moraga Center, as follows:
Zoning District Recommended Zoning Changes
R-20A Increase from 20 units per acre to 24 units per acre R-20B (Area "14" (*) Increase from 20 units per acre to 24 units per acre (*) MCSP Mixed Retail-Residential Increase from 20 units per acre to 24 units per acre MCSP Mixed Office-Residential Increase from 20 units per acre to 24 units per acre Rezoning of Viader-School Eliminate split zoning on this block (rezone four parcels Moraga Way-Country Club block currently zoned MCSP Commercial to MCSP Office- Residential with 24 units per acre)
The Town Council discussed the Summary of Recommendations: Rheem Center, with consensus to accept the following recommendations:
Suburban Commercial Rename as "Mixed Office-Residential" and allow housing up to 24-DUA
Mixed Commercial - Create a new district with the same uses as Community Residential (new zone) Commercial but also multifamily residential and mixed use.
Apply to part of existing CC zone
Community Commercial Retain zone on southern half of the Rheem Center and Rheem Theatre (no housing)
Limited Commercial Retain this zone but rezone SE corner of Lucas Drive and Moraga Road from LC to the new Mixed Commercial-
Residential District
Town Council Regular Meeting April 13, 2022
The Town Council discussed and debated at length the remaining Summary Recommendations for the Moraga Center districts and the Moraga Ranch Overlay District and offered its consensus and/or recommendations, as follows:
Moraga Center
R-20B (orchard/hillside parcel) Concerns with walkability. Recognition it could not go lower than 20-DUA. Town Council consensus was to keep the
area at 20-DUA given widespread consensus from the
community that the parcel was unique and partially visible from various viewpoints in the community.
MCSP Commercial and PD Suggested the site was appropriate for the owner to use as Residential and was logical to be considered as Residential, but people needed a place to shop and if all Residential development would limit retail opportunities. Suggestion the area be left as a bank for future opportunity site. Suggestion to carve out Moraga Nursey as a Retail-Residential mix.
Recognition the Town was overbuilt in Commercial for a
population of 50,000 which the Town would not likely reach.
Clarification the gas station would be included in the area to be rezoned. Moraga Nursey could be considered as an
opportunity site and may yield up to 24 units. Consensus to carve out Moraga Nursey as a Retail-Residential mix.
Moraga Ranch Overlay District Consensus to discuss the Moraga Ranch Overlay District when the Town Council and Planning Commissioners
received presentations during the May 4 meeting on
inclusionary zoning options and impacts, density bonuses and potential impacts on projects, density transfers (transfer of development rights), parking standards and other
development standards (height and FAR), with some
Councilmembers open to the option of zoning the property for Residential uses.
Councilmember McCluer thanked staff and the consultants for making progress on the iterative process with feedback from residents and property owners. He referenced the upcoming May 4 Town Council meeting and noted that he had an obligation on that date he could not change. He asked that the meeting of May 4 be rescheduled to accommodate his attendance.
Councilmember McCluer stated he fully supported all types of housing in Moraga and different income levels. He referenced the State mandate and RHNA, which exceeded the maximum population as stated in the General Plan with increased issues related to fire, safety, evacuation, traffic congestion, open space viewsheds, schools and more. He had some concerns about inclusionary housing as mentioned in the staff report and, if included, suggested that inclusionary housing may allow a density bonus and waive development standards for up to five stories and allow 35-DUA and decreased setbacks.
Councilmember McCluer suggested there were consequences to property owners and to the Town if that were allowed and he urged staff and consultants to make it clear to the public the potential impacts if an Inclusionary Housing Ordinance were to be considered B. Local Roadway Safety Plan
Town Council Regular Meeting 12 April 13, 2022
Receive the Local Roadway Safety Plan (LRSP) Initial Presentation and Provide Staff with Feedback, if any, Regarding the LRSP Project Public Works Director/Town Engineer Shawn Knapp introduced the item for the Local Roadway Safety Plan (LRSP) and introduced LRSP Manager Bret Swain, also the Town's Civil Senior Engineer, who reported on the initiation of the community engagement process for the LRSP, with this meeting the first of three anticipated meetings to discuss the LRSP. In order to make it easier to receive public feedback, the consultant TJKM had established a project website which would implement information on the project as it progressed, with a link for the community to identify areas of concern and subscribe to the project to follow along and engage as they liked. To facilitate access to the website, a link would be posted on the Public Works Department website under the Capital Improvement Program (CIP) under Local Roadway Safety.
Sayed Fakhry, Quality Assurance & Quality Control Manager, TJKM, provided a PPT presentation on the LRSP to highlight the goals to reduce traffic fatalities and severe injuries, prioritize roadway and intersection safety improvements, and adopt a LRSP to be eligible for Highway Safety Improvement Program (HSIP) and Metropolitan Transportation Commission (MTC) One Bay Area grants. The LRSP would include engineering and non-engineering strategies including education, enforcement, engineering, equity and emergency medical services.
Highway Administration (FHWA) talking about the LRSP was presented; benefits of a LRSP and the five E's of traffic safety (education, enforcement, engineering, equity and EMS) were all highlighted with all information included in the April 13, 2022 staff report.
The scope of work would include eight tasks: Task 1 visioning, project initiation and management; Task 2 document review; Task 3 data collection; Task 4 collision and roadway data analysis; Task 5 proposed ordinances and policies; Task 6 countermeasure selection; Task 7 develop safety projects; and Task 8 Final LRSP. The scope of work would also include the grant-ready materials for the two HSIP applications.
The project schedule was highlighted with a completion time of June 2022 for qualification of grants and with two additional Town Council meetings to be scheduled to review the LRSP. An overview of the dedicated website for the LRSP was also provided with directions on how to log into the site and examples of feedback that could be provided.
Draft analyses of the collision data from 2015-2019 were also provided with most collisions having occurred on main arterials with previous collision data used to calculate the benefit/cost ratio when applying for funds and with the preliminary raw data to be further analyzed.
Responding to the Council, Mr. Fakhry clarified that traffic safety included pedestrian, bicycle safety and public transportation.
PUBLIC COMMENTS OPENED
Dave Schnayer, Moraga, asked whether the LRSP would actually implement safety measures or consider traffic calming which had been attempted years ago with temporary restriping and bike lanes. While he was not opposed to further analysis as part of the RSP, absent improvements to make road conditions safer for residents, it seemed to be needless money spent.
PUBLIC COMMENTS CLOSED
Councilmember Onoda thanked staff and the consultant for the report and the LRSP-dedicated website. She suggested that evacuation should be added to the five "E" strategies.
Town Council Regular Meeting 13 April 13, 2022
Vice Mayor Woehleke welcomed the LRSP which was critical with the end product recommendations that may lead to applications for grant eligibility. He supported moving forward with the LRSP.
Mayor Sos also thanked staff and the consultant for the presentation given that the LRSP was a Town Council priority in terms of pedestrian safety and implementation of the Vision Zero concept both at the county and local levels.
Ms. Battenberg advised the dedicated website was now live. She explained that another community survey would solicit community input with more information on the dedicated website.
Mr. Knapp confirmed that the LRSP would be data driven with information from residents and there was a tight schedule to meet grant eligibility. Community engagement would be done through outreach on the About Town Newsletter, the Town website, community meetings and reaching out to the Town Council, and with staff to return to the community and the Town Council multiple times to provide progress updates as they moved forward.
C. Moraga Small Business Recovery Grant Program
Consider Resolution 35-2022 Approving the Appropriation of $150,000 from Fund 102 - American Rescue Plan Act (ARPA) for a Moraga Small Business Recovery Grant Program; and Authorizing Town Manager to Implement the Program Ms. Battenberg explained that staff had taken all of the information the Town Council had provided at its March 23, 2022 meeting and clarified the Town Council had initially recommended the grants run through December 31, 2022. In discussions with the Moraga Chamber of Commerce, that time period had been extended to March 31, 2023. She had also reviewed the ARPA final rule and noted that the application for the grant program had been set up so that it requested a minimum amount of information from local businesses to allow the Town to show a business was an impacted small business with the business required to show it had been impacted by decreased revenue or gross receipts, increased costs, capacity to weather financial hardship or challenges covering payroll, rent or mortgage or other operating costs. The draft application had been included as Attachment B to the staff report with the Town Council asked to adopt the resolution contained as Attachment A to the staff report.
Responding to the Council, Ms. Battenberg again clarified the criteria a business must follow to show whether it qualified for the grant program, the application included a checklist for the business to identify why it was applying for financial hardship, documentation would be required, and it would be used when the Town was audited by the federal government to ensure the ARPA funds had been spent consistent with the final rule. When asked, she was uncertain how Moraga's grant program compared to that of the City of Lafayette without further research.
Ms. Battenberg acknowledged a recommendation to modify the application and revise references to "owned or operated" to read "owned and operated."
PUBLIC COMMENTS OPENED
Dave Schnayer, Moraga, stated he had extensive conversations with the Moraga Chamber of Commerce and he had done more with small businesses in the community than any other individual. He expressed concern the ARPA funds had not been distributed quickly enough in a timely manner to small businesses in the community that had suffered for some time with various costs. He noted that $150,000 equated to only 30 small businesses and may not include home businesses and he hoped that the application information a business provided would be kept Town Council Regular Meeting 14 April 13, 2022
confidential. He stated the Chamber had echoed concerns that the grant program did not provide enough funds and had not been distributed quickly enough.
PUBLIC COMMENTS CLOSED
Vice Mayor Woehleke supported the recovery grant program and emphasized this was a dynamic situation, not all ARPA funds would be spent immediately, and budgets could be adjusted.
Councilmember Onoda clarified with Ms. Battenberg that information could be redacted upon request from the application form. Staff could report out on the numbers of businesses that had applied for the recovery grant program.
Councilmember McCluer supported the item and understood the Chamber of Commerce had met with the Town Manager. The Chamber was also working on its second ask of ARPA funds which the Town Council could consider in the near future.
Councilmember Makker supported the program, would like to see it become operational, and looked forward to information being placed on the Town website.
Mayor Sos commented the Town Council had been clear at the prior meeting that it wanted to get money into the hands of the small businesses as soon as possible, and while it may not be soon enough for some, the Town Council had directed staff to prepare a Town-administered application with appropriate record keeping and documentation in collaboration with the Chamber of Commerce, and that direction had been followed. She was ready to move forward.
ACTION: It was M/S (Onoda/McCluer) to adopt Resolution 35-2022 Approving the Appropriation of $150,000 from Fund 102 - American Rescue Plan Act (ARPA) for a Moraga Small Business Recovery Grant Program; and Authorizing the Town Manager to Implement the Program. Vote: 5-0.
D. Capital Asset Replacement Five-Year Plan
Consider Capital Asset Replacement Five-Year Plan and Provide Input to Staff on Recommended Projects to Assist in the Development of the Five-Year Capital Improvement Program (CIP)
Parks and Recreation Director Breyana Brandt presented the staff report and recommended the Town Council consider the Preliminary Capital Asset Replacement Five-Year Plan as proposed and provide input to assist in the development of the Five-Year Capital Improvement Program (CIP) to be presented to the Council at its next meeting.
Ms. Brandt clarified the costs for the Pavilion Flagstone Staircase Phase 1 Construction item, and noted the flagstones were original and stacked on top of each other, to be removed and replaced with cement/concrete stairs and an overlay providing a natural feel. The design portion of the item recommended for next year would better flesh out the design details.
Ms. Battenberg added as part of the design for the project it would have to be Americans with Disabilities Act (ADA) accessible and meet all ADA requirements.
Ms. Brandt also clarified the use of restricted funds that could only be used for qualifying projects, with each fund different. As an example, she could not recall a project where RecycleSmart funds had been used for this fiscal year and those opportunities did not come up as frequently.
Community Oriented Policing Services (COPS) funding had been used for police vehicles, as available, with Comcast funding only at $6,000 that had been utilized for this Fiscal Year.
Town Council Regular Meeting 15 April 13, 2022
Ms. Battenberg explained that based on Town Council policy, staff looked at whether there was a surplus of funds from prior years with 50 percent delegated towards asset replacement, which was how staff had funded the program the past few years. Whether that policy could fund asset replacement in some years, it had, but had not in most recent years when the Town had experienced a financial emergency.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Woehleke/Onoda) to extend the meeting to 10:45 p.m. Vote: 5-0.
Vice Mayor Woehleke reported he had spent time with staff on the staff report, would love to see the flagstone project accelerated but understood design work needed to be done putting the actual construction into 2023. He supported the Plan as proposed.
Councilmember Makker supported everything proposed in the Plan and appreciated the rationale behind the steps necessary for the items identified.
Councilmember Onoda also supported the Plan and understood the flagstone project had needs and if they were to push that project forward it would happen. She was pleased with the report given the Town had not always had the funds for these types of projects.
Mayor Sos was struck with the level of analysis starting with the 2019 study and the constant updating, reassessment and reconsideration based on facts and circumstances. She appreciated how iterative and rigorous the process had been with the Town Council given multiple opportunities to review the Plan before the budget discussions and adoption of the budget in June.
11. DISCUSSION ITEMS
There were no discussion items.
12. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
Councilmember McCluer offered a motion, seconded by Vice Mayor Woehleke, to request a future agenda item for the Town Council to decide whether the Town should have a Noise Ordinance.
Mayor Sos asked if the motion had taken into account this would be a Planning Department endeavor, which Department was overprescribed until January 2023, and Councilmember McCluer reiterated his recommendation would take that into consideration based on the motion as stated.
ACTION: It was M/S (McCluer/Woehleke) to request a future agenda item for the Town Council to make a commitment whether or not the Town of Moraga should have a Noise Ordinance and prioritize such Ordinance as appropriate given other priorities. Vote: 5-0.
13. COMMUNICATIONS
The Town Council acknowledged the receipt of the following correspondence:
Town Council Regular Meeting 16 April 13, 2022
A. Letter of Support for Contra Costa County Fire $4.9 Million Grant Application dated March 29, 2022
B. Letter of Support for the City of Orinda's Community Project Funding Request for the Lamorinda Smart Signals Project dated April 7, 2022 Vice Mayor Woehleke referenced the Letter of Support for Contra Costa County Fire $4.9 million Grant Application dated March 29, 2022 and detailed the project as described in the letter where the grant would provide funds.
Mayor Sos also provided the background for the Letter of Support for the City of Orinda's Community Project Funding Request for the Lamorinda Smart Signals Project, with the hope that the funding could be extracted from the US Congress this year.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
Mayor Sos clarified that Item 13. Communications related to official letters that were sent on behalf of the Town or letters received by the Town. Emails received would not be part of Item 13 and should be addressed under Item 8. Mayor's and Councilmembers' Reports.
Milar Sos requested a on i mein me former ayor Merle
14. ADJOURNMENT
ACTION: It was M/S (Sos/Woehleke) to adjourn the meeting In Memory of former Mayor of Moraga Merle Gilliland at 10:34 p.m. Vote: 5-0.
Respectfully submitted by:
Mata C. Mintin
Marty C. Mclnturf, Town Clerk
Approved by the Town Council:
Hive Dochlde
Steve Woehleke, Mayor
Town Council Regular Meeting 17 April 13, 2022