TOWN OF MORAGA
REGULAR MEETING
Pavember, 97% April 27, 2022
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
Dave Trotter, Moraga, led the Pledge of Allegiance.
3. SPECIAL ANNOUNCEMENTS
Mayor Sos reported the Town Council had held Special Closed Sessions on Wednesday, April 20 and Tuesday, April 26, 2022. There were no reportable actions from those meetings.
4. PROCLAMATIONS AND PRESENTATIONS
A. Presentation of a Donation Check for $21,000 for the Commons Park Enhancement Project from the Moraga Community Foundation Dave Trotter, President of the Moraga Community Foundation (MCF), presented a donation check in the amount of $21,000 to the Town of Moraga for the Commons Park Enhancement Project, which included the design and installation of an improved irrigation system with modern controls that would conserve water, decrease maintenance and utility costs, and with a target completion date of May 2022. The donation covered approximately 10 percent of the Town's total project costs. He commented that MCF's financial support for the Commons Park irrigation improvements was a core element of MCF's $450,000 enhancement program capital campaign and noted MCF had donated a total of $132,000 to improve the amenities at Commons Park to the benefit of the community. MCF's fundraising efforts were ongoing and the MCF Board of Directors remained committed to completing the campaign in the next few months.
Mr. Trotter also reported that MCF had about $100,000 left to raise to reach its goal and he invited everyone to an MCF fundraising event at Canyon Club Brewery scheduled for May 26, 2022, from 4:00 to 9:00 p.m. The Town Council was encouraged to attend.
The Town Council expressed its appreciation to the MCF for its contributions, continued investments in the Commons Park and work on behalf of Town residents.
Town Council Regular Meeting 1 April 27, 2022
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
5. PUBLIC COMMENTS AND SUGGESTIONS
There were no comments from the public.
Due to technical difficulties, Mayor Sos declared a recess at 6:40 p.m. The Town Council meeting reconvened at 6:42 p.m. with all Councilmembers present.
6. ADOPTION OF CONSENT AGENDA
A. Approval of Consent Items
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 and 6.7. Vote: 5-0.
6.1 Receive Accounts Payable Claims for: 04/08/2022 Approved ($318,580.63)
6.2 Approve Minutes for the Town Council Special Meeting on Approved February 16, 2022
6.3 Use of Teleconferenced Meetings Approved
Consider Resolution 36-2022 Approving the Use of
Teleconferencing for Meetings of Town Council and all
Committees and Commissions Pursuant to the Provisions of Assembly Bill 361
6.4 Lighting Assessment District Engineering Agreement Approved Consider Resolution 37-2022 Awarding a Consultant
Services Agreement for Assessment District Engineering
Services Related to the Fiscal Year 2022/23 Town of Moraga Street Lighting District No. 1979-1 to LCC Engineering & Surveying, Inc. for an Amount Not to Exceed $12,500; and Authorizing the Town Manager to Execute the Agreement
6.5 Proclamation for Citizen of the Year 2022 Approved
Proclamation Honoring Karen Reed as 2022 Moraga Citizen of the Year
6.6 Proclamation for Arbor Day Approved
Proclamation Declaring April 27, 2022 as Arbor Day in the Town of Moraga
Town Council Regular Meeting 2 April 27, 2022
6.7 Lighting Assessment District Engineering Assistance Approved Consider Resolution 38-2022 Ordering Engineering Assistance to Prepare and File Annual Engineer's Report for Fiscal Year 2022/23, Town of Moraga Street Lighting District 1979-1 B. Consideration of Consent Items Removed for Discussion No items were removed for discussion.
7. ADOPTION OF MEETING AGENDA
Vice Mayor Woehleke asked that Items 10. B. Hetfield Development Final Map and 10. C. West Commons Park Project Completion be considered prior to Item 10. A. Five-Year Capital Improvement Program Budget.
Councilmember McCluer hoped the discussion for both items would be short given he understood there were people present for item 10. A. Five-Year Capital Improvement Program Budget.
Town Manager Cynthia Battenberg reported that members of the audience were present for Items
10. B. Hetfield Development Final Map and 10. C. West Commons Park Project Completion.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Woehleke/Onoda) to modify the meeting agenda and move Items 10.
B. Hetfield Development Final Map and 10. C. West Commons Park Project Completion for consideration prior to Item 10. A. Five-Year Capital Improvements Program. Vote: 5-0.
REPORTS
A. Town Manager Update - Town Manager Battenberg reported the Small Business Recovery Grant Program had received 30 applications to date for the entire amount of the Program and checks would be prepared for all qualified applicants in the next week. Staff would follow up with those businesses that had submitted incomplete applications. The Program would be brought back to the Town Council for further discussion. She also reported there had been no noise complaints associated with the Hacienda de las Flores over the past two weekends, and a sound hedge had been installed in the courtyard area this date to absorb some of the sound. Wedgewood Weddings had taken on an additional project to replace the lawn at the Pavilion with turf, with the Hacienda Open House scheduled for Thursday, May 12 from 5:00 to 6:30 p.m. In addition, the Commons Park Irrigation Project started this week.
Chief of Police Jon King commended the work of the MCF for its efforts on behalf of the community and explained that MCF had previously spearheaded a fundraising campaign to raise over $60,000 for a Community Video Surveillance System. He reported on a recent incident where a Moraga resident had been followed home and robbed of valuables at gunpoint. Through the use of the surveillance camera system, in conjunction with other camera systems in the area, the Police Department had been able to identify the suspect's vehicle, leading to Town Council Regular Meeting 3 April 27, 2022
the arrest of a number of suspects, with the lead suspect set for a hearing in Superior Court on April 29. He thanked the other law enforcement agencies that had been involved in the case.
Chief King also highlighted the results of two emergency evacuation drills; the first involving the Canyon community working with the Moraga-Orinda Fire District (MOFD) and the Office of the Sheriff to conduct a full-scale evacuation exercise of Canyon, with over 80 percent of residents participating. The second evacuation drill involved the East Bay Incident Management Team and all Fire Departments throughout the County which had contributed members to an Incident Management Team, using the scenario of a fire near Bollinger Canyon and Valley Hill Drive with the use of Zonehaven, which helped first responders plan, train and execute live evacuations, and the Community Warning System (CWS). He noted that zonehaven.com included a link that allowed one to view all evacuation zones in the East Bay.
In response to the Council, Ms. Battenberg reiterated the Town was close to fulfilling the Small Business Recovery Grant Program but not all applications had been deemed complete. The item would be brought back for a future Town Council discussion.
B. Mayor's and Councilmembers' Reports
Mayor Sos - Reported she had met with Superintendent Julie Parks with the Moraga School District (MSD), who had presented her with a letter endorsed by the MSD Board of Directors that had been attached as part of agenda Item 13. A.
Communications, and which she read into the record at this time.
Vice Mayor Woehleke - Reported Girl Scout troops of Moraga and Orinda would be holding a Recognition Ceremony on May 4 with three of the Girl Scouts to receive the highest Gold Award. He described each of the projects each recipient of the award had created and commended them for their work. Given the ceremony would conflict with the scheduled Special Joint Town Council/Planning Commission meeting on May 4, the Mayor had produced a video to be shown during the ceremony. He had also met with Marguerite Young, representing Ward 3 of the East Bay Municipal Utility District (EBMUD), and reported a tour could be scheduled with interested parties of the Water Filtration System in Orinda. Also, the MOFD had formed a subcommittee with the City of Orinda on Fire Prevention, offered the same to the Town of Moraga, and he planned to check with them on wildfire preparation and whether there were any deficiencies in Moraga.
Councilmember Makker - Reported she had attended the two Town Council Special Closed Session meetings; Lamorinda School Bus Transportation Agency (LSBTA) Board meeting and briefed the Council on the discussions; and looked forward to community conversations about United Against Hate Week (UAHW).
Councilmember McCluer - Reported he had attended the two Closed Sessions of the Town Council; reported that Pete Alvarez had been appointed as the new Principal of Campolindo High School beginning July 2, 2022; attended the MSD Board of Directors meeting; spoke with the Moraga Chamber of Commerce about the Community Faire and the Chamber's work on a second ask of American Rescue Plan Act (ARPA) funds; and spoke with residents about the request related to Corliss Drive near the school. He also clarified that although he had reported during the April 13 Town Council meeting that he thought he had not received an Town Council Regular Meeting April 27, 2022
invite to the Special Joint Town Council/Planning Commission meeting scheduled for May 4, he had, in fact, been invited and had personally apologized to the Town Manager and Town Clerk in person.
Councilmember Onoda - Reported she had attended the Solid Waste Authority Finance Committee meeting; met with EBMUD Ward 3 Member Young to discuss sustainable water development; attended the two Town Council Special Closed Sessions; and had participated in a webinar the Town hosted on energy generation which was available on the Town website. She had also served as the liaison for Saint Mary's College (SMC) and briefed the Council on the discussion and plans for SMC. In addition, she had participated in a John Muir Land Trust (JMLT) partnership with the SC Museum on early 1900s artwork; April 30, 2022 was Prescription Drug Disposal Day; and the Hacienda Open House scheduled for Thursday, May 12 from 5:00 to 6:30 p.m. would include a poetry reading from Matthew Zapruder, a faculty member of SMC who would be present at 6:00 p.m. to read some of his poetry and respond to any questions.
9. PUBLIC HEARINGS
There were no public hearings.
10. ORDINANCES, RESOLUTIONS AND REQUESTS FOR ACTION
A. Hetfield Development Final Map
Consider Resolution 39-2022 Approving the Final Map and Subdivision Improvement Agreement for Subdivision 9051 (Hetfield Estates), a Project Being Developed by Hetfield Estates Partners, LLC, Accepting a Grant Deed of Development Rights, Approving and Authorizing a Hold Harmless Agreement, and Authorizing the Town Manager to Take Other Actions to Effectuate Recordation of the Final Map
Councilmember McCluer reported he lived within 500 feet of the Hetfield Development and would have to recuse himself from the discussion. He left the dais at this time.
Mark Summers, Associate Civil Engineer, provided a PowerPoint presentation of the Hetfield Estates, 7-Lot Residential Subdivision Final Map Approval, which included an overview of the project location, description and background. He clarified the item was a ministerial action by the Town Council after the developer had satisfied all Tentative Map conditions required for approval of the Final Map. Staff had confirmed the developer had satisfied all of the required Conditions of Approval. He asked the Town Council to adopt the resolution included as Attachment A.
PUBLIC COMMENTS OPENED
John Wyro, representing the Applicant, advised the Applicant had nothing further to add to the record.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Woehleke/Makker) to adopt Resolution 39-2022 Approving the Final Map and Subdivision Improvement Agreement for Subdivision 9051 (Hetfield Estates), a Project Being Developed by Hetfield Estates Partners, LLC, Accepting a Grant Deed of Development Rights, Approving and Authorizing a Hold Harmless Agreement, and Authorizing the Town Manager to Take Other Actions to Effectuate Recordation of the Final Map. Vote: 3-1-1. Noes: Onoda. Absent: McCluer.
Town Council Regular Meeting 5 April 27, 2022
Councilmember McCluer returned to the dais.
B. West Commons Park Project Completion
Consider Resolution 40-2022 Accepting the West Commons Park Camino Ricardo Landscape Improvements (Park/Open Space) for Subdivision 9321, a Project Developed by SummerHill Camino Ricardo, LLC, Accepting the Irrevocable Offer of Dedication, Park Parcel, and Authorizing the Town Manager to Execute and Record the Certificates of Acceptance
Mr. Summers provided a PowerPoint presentation on the West Commons Park Project Completion which included an overview of the project location, description and background and the location of a mid-block crosswalk on Moraga Road installed by SummerHill Homes. A portion of the cost was intended to be paid back to SummerHill Homes by future developers in the Moraga Center Specific Plan (MCSP) area, to be introduced to the Town Council as part of the Master Fee Schedule at a future meeting. He also highlighted the asphalt trail reconstruction. He recommended the Town Council adopt the resolution included as Attachment A.
Mr. Summers reiterated the cost payback associated with the mid-block crosswalk on Moraga Road and stated the Town would not pay any funds in the interim. The developer had already incurred the full costs. Once the project was accepted, the Town would be responsible for all maintenance costs including those involved if the invasive species returned. There was a one- year warranty period, but the Town would be taking over maintenance and irrigation.
PUBLIC COMMENTS OPENED
John Hickey, Vice President of Development, SummerHill Homes, reported the prior Project Manager for the project had retired and he was present in her stead. He appreciated staff's work to reach a solution and ensure the project met all Town standards. He had visited the park and had found it to be a nice counterpoint to the Commons Park. He looked forward to formalizing the Town's acceptance of the park and taking ownership.
PUBLIC COMMENTS CLOSED
Councilmember Onoda commented that the park had originated when she had been a member of the Planning Commission and she had worked hard to ensure it would not be eight feet of fill as originally planned and have it be a passive park. She had recently walked the park and found it to be a wonderful, quiet, relaxing area, exactly what the nearby neighbors wanted. She thanked SummerHill Homes, prior Planning Commission members, the Town Council and staff for all their hard work.
Mayor Sos was delighted to see the improvements to the pathway and commented that her elderly father had found it to be his favorite place to walk for the reasons the developer had articulated. It was peaceful and away from the maddening crowds. She thanked the developer for the creation of a beautiful park for the community.
ACTION: It was M/S (Onoda/McCluer) to adopt Resolution 40-2022 Accepting the West Commons Park Camino Ricardo Landscape Improvements (Park/Open Space) for Subdivision 9321, a Project Developed by SummerHill Camino Ricardo, LLC, Accepting the Irrevocable Offer of Dedication, Park Parcel, and Authorizing the Town Manager to Execute and Record the Certificate of Acceptance. Vote: 5-0.
Five-Year Capital Improvement Program Budget
Town Council Regular Meeting 6 April 27, 2022
Consider Preliminary Draft Five-Year Capital Improvement Program (CIP) Budget and Provide Direction to Staff
Town Manager Battenberg reported that comments had been received from the public who asked that the comments be read into the record as follows:
Caroline Stevens, Dear Town Council: Please read my comments into the record at the meeting on April 27, 2022 when discussing Item 10A on the agenda or whenever appropriate. I'm a Moraga resident, and I'd like the Town of Moraga to build a sidewalk at the top of Corliss where it turns into Sullivan. If the sidewalk is not feasible, please take other measures to improve the safety at this very dangerous curve. This turn is an accident waiting to happen, with cars parked on both sides of the street, heavy school car and pedestrian traffic, trash cans and trucks on Wednesdays, work trucks, pedestrians, and more. About 15 years ago, a pedestrian was hit and ultimately died at this very curve during school drop-off. We need to do what we can to keep this from happening again. I understand a sidewalk is an expensive solution that would take years to complete. At a minimum, please prohibit parking on the outer side of the curve. Parking is already prohibited during school hours on lower parts of Corliss, and it helps with congestion and safety. Please do the same at the top of Corliss! Finally, I know that many Moragans emailed the Town Clerk either today or yesterday in support of safety improvements at the top of Corliss. In case the emails haven't been officially made of record, I'm mentioning them now so the Council is sure to know about the wide support for this project. Thank you, Caroline Stevens Erin Moorhead, Please read my comments into the record during the discussion of Capital Improvements (Item 10A on the Agenda) or whenever appropriate at the April 27, 2022 Town Council Meeting. I'm a Moraga resident zoned for Los Perales Elementary School. I also drive my kids to JM middle school for soccer practice and other activities. / take note of how unsafe the corner between Corliss and Sullivan is each time I drive it. I would like the Town of Moraga to build a sidewalk at the top of Corliss where it turns into Sullivan. At a minimum, different parking restrictions could be explored to widen the road to make it safer for pedestrians. Thank you.
Karolyn Dector, Hello! Please read my comments into the record during the discussion of Capital Improvements (Item 10A on the Agenda) or whenever appropriate at the April 27, 2022 Town Council meeting. I'm a Moraga resident who lives on Corliss Drive, and I'd like the Town of Moraga to build a sidewalk at the top of Corliss where it turns into Sullivan. / see the unsafe situation on Corliss daily - it scares me! I don't want to wait for a tragic accident to happen. If the sidewalk is not feasible, please take other measures to improve the safety at this very dangerous curve.
Thank you! Karolyn Dector
Ada Sheng, Dear Town Council, Thank you as always for your tireless work on behalf of our community. This email is in regard to the discussion of Capital Improvements (Item 10A on the Agenda today). Please read my comments into the record if possible. I am a Moraga resident and I would very much like the Town of Moraga to build a sidewalk at the top of Corliss between Warfield and Arroyo. This curve is extremely dangerous for all the many children who walk to and from school every day and the number of young children in our neighborhood is only increasing with each new, young family that moves in. Currently, on any given day, there are at least 15-20 children walking that / personally know. The speed with which cars drive around that blind curve, in combination with the many cars parked along the sides, garbage cans on trash day, and the slant of the sun at times, makes the entire curve feel like an accident waiting to happen, which / know we all want to avoid. If the sidewalk isn't possible, please take some other mitigating measures to keep our children - as well as the numerous pedestrians in our neighborhood! - safe.
Thank you! Sincerely, Ada Sheng
Yvonne Ling and Louis Kao, Dear Town Council members, Please read my comments into the record during the discussion of Capital Improvements (Item 10A on the Agenda) or whenever Town Council Regular Meeting 7 April 27, 2022
appropriate at the April 27, 2022 Town Council meeting. My name is Yvonne Ling and I am a safety at this dangerous curve. Warmly, Yvonne Ling & Louis Kao Julia Wolinski, I'm a Moraga resident, and I'd like the Town of Moraga to build a sidewalk at the top of Corliss where it turns into Sullivan. If the sidewalk is not feasible, please take other measures to improve the safety at this very dangerous curve. Thank you! Julia Wolinski Peggy & John Caruso, Hello: Our family has lived in Moraga for nearly 13 years and we would very much appreciate the Town of Moraga to consider building a sidewalk at the top of Corliss where it turns into Sullivan. If the sidewalk is not feasible, please take other measures to improve the safety at this very dangerous curve. Thank you for your time and consideration. Peggy & John Caruso
Mayor Sos reported the Town Council had also received additional emails that had not been read into the record but would be part of the public record for the meeting.
Public Works Director/Town Engineer Shawn Knapp provided an extensive PowerPoint presentation of the Five-Year Capital Improvement Program Budget and the Town Manager provided additional details on the presentation with an overview of the Town Council Goals and Priorities, with a focus on nine key CIP investments, goals for the Preliminary FY 2022/23 - 2026/27 Capital Improvement Program (CIP) and highlighted Completed Projects, Funded-New Recommended CIP projects, Ongoing Previously Approved CIP projects with Additional Funding Recommendations, Carryover-Previously Approved CIP projects Not Completed, Scheduled FY 2023/24 - 2026/27 CIP projects, and the Unfunded and Unscheduled CIP Project Lists, with all information detailed in the staff report.
Mr. Knapp clarified the St. Mary's Road/Rheem Boulevard/Bollinger Canyon Road Roundabouts had been mistakenly included as a continuing project but was a FY 2021/22 completed project.
Ms. Battenberg added staff had mistakenly included a $26 million storm drain repairs sheet in the packet, which had been removed from the Unfunded and Unscheduled Project List, with the total going from $71 million to $45 million of Unfunded and Unscheduled CIP Projects.
In response to the Council, Mr. Knapp and Ms. Battenberg also clarified:
• Once staff had started discussing requests for a sidewalk at the top of Corliss Drive, it had generated a lot of emails and telephone calls with opinions on how it should be shaped and there had been differing opinions on whether or not a sidewalk should be installed Staff had recommended in order to improve safety, to test out having vehicles go one-way up the hill and install a right turn-only out of the school. It had become a very contentious issue and would take time to come up with a solution. Staff was still working on the Local Road Safety Plan (LRSP) and other projects. Staff solicited consultant proposals for a Comprehensive Safety Analysis and recommendations for a quick to implement project, ten firms had attended field meetings and conducted research and had advised the public input process would take a lot of time, more than what the schedule would allow. Also, the costs involved, and the project envisioned, would not fit that time schedule.
Staff's vision was to engage the Los Perales Elementary School administration, Parent Teacher Association (PTA) and local residents along that street, to allow for opinions to be shared and educational information to be provided on the options in order to shape the project based on input and analysis.
Town Council Regular Meeting 8 April 27, 2022
• New CIP Projects Recommended for Funding for FY 2022/23, Buildings & Facilities (Municipal), Town Facility Energy Reliability, were again highlighted. The study for the project had been completed with the next phase working with another provider to implement a selected program that was also a CIP project. • Staff had provided the Town Council with all information on current funding recommendations, next year and the future four years, which projects had funding and which had not had the funding identified yet and other projects that had been discussed that were not scheduled for funding, as had been outlined in the PowerPoint presentation. • In terms of the Unfunded and Unscheduled Project List, staff asked the Town Council to determine whether to keep the Parks and Open Space projects and Multi-Generational Community Center on the list, as shown, or remove those projects and go through the process to identify the priority projects and then populate the list based on that direction.
In order to fund the Unfunded and Unscheduled CIP Project List, the Town Council would have to remove a currently funded project from the list and replace it with another project. • The only funds the Town had not allocated were $1.4 million in Measure J funds that were recommended to be addressed once the Town Council had received the LRSP so that it could be focused towards traffic safety projects. The reason staff had recommended this process was that the Town Council would be looking at a Town-wide variety of recreation and open space projects that included trails and neighborhood parks. The end result of that effort would hopefully be a prioritization of projects. • The General Government Update and Objective Design Standards, as shown on the Unfunded and Unscheduled CIP List, was needed but it was challenging to identify where the Town would get the $295,000 in funds needed to complete the project. The thought was to move forward with the Bollinger Canyon Rezone and Housing and General Plan Update and as that process was moving forward, determine how to address some of those issues. The Town had more Advanced Planning and Zoning than the Town had funding. • The LRSP was defined as a data-driven analysis where accidents and the types of accidents were happening in a community and was a nationwide plan that every agency that desired to participate in safety projects was required to have in order to receive federal funding. There was a link on the Town website where the public could provide input that could be included in the analysis, with a map identifying collision data. Staff confirmed that the Corliss Drive area of concern would show up in the analysis since there had been recorded accidents.
• Wedgewood Weddings was scheduled to make an annual investment to the Capital Fund in year three of its agreement with the Town, a way to address the needs at the Hacienda. • The New CIP Projects Recommended for Funding FY 2022/23 had been detailed with description sheets for each project included in the staff report, which included the concept, goal and estimated budget. In terms of the Town Facility Energy Reliability Study that would be presented to the Town Council at a future meeting, the Town Council could then decide whether to fund the project. In concept, Phase 2 of that project would be to find alternative energy sources and a backup energy source for Town facilities, which the Town Council had identified as a priority and had included in the Climate Action Plan (CAP). • As to the Scheduled FY 2023/24 - 2026/27 CIP, Buildings & Facilities, (Municipal), 329 Rheem Trellis project in front of the Council Chambers, and whether or not the project should be pulled, staff advised the project design had been completed. The project was Town Council Regular Meeting 9 April 27, 2022
on hold awaiting Town Council approval to move forward with a recommended $5,000 increase based on construction cost increases, although the project could be shelved. If the project was canceled the Town Council may release the $27,000 in this year's budget, which staff had recommended for carryover and not fund for an additional $5,000 for next year.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
Vice Mayor Woehleke reported he had reviewed the materials with staff and found the CIP As to the Conis Drie stewak propect, Based on seat maps, an curve of the road had shown a full U-turn, and with traffic speeding on Corliss Drive there had been enough of a problem where one or more police vehicles were located on the street at times, particularly during Halloween to keep the speed of traffic down. He also reported he had received comments from residents regarding the speed of traffic on Corliss Drive. Given the proximity of the school, it was very obvious this was a significant safety project.
Vice Mayor Woehleke recognized that some of the CIP projects identified were safety projects while others were not. He suggested that safety projects should have a higher priority in general.
He commended staff for making the project part of the CIP but when the issue had been raised a year ago, he had gone to Corliss Drive and measured the width of the street at 35 feet at that area. He had also looked for analogs and had gone to the City of Orinda and measured the street width at Glorietta Elementary School at about 26 feet, which was the minimum street width allowed and which had a sidewalk beyond the 26 feet. He noted that the street and the sidewalk were both asphalt. The Town also had an asphalt sidewalk along Rheem Boulevard adjacent to Bella Vista Subdivision. He had raised this issue with staff and suggested the logical solution would be to install a sidewalk in which case an optimization study would not be needed.
Vice Mayor Woehleke suggested rather than a $250,000 study to also cover construction, the Town Council should consider a solution of whether to reduce parking on one side of the street or install bumpers with a single sidewalk. He had offered to conduct stakeholder engagement with the residents given that staff was busy, and data was needed to make decisions. He was happy to meet with residents to move this issue forward which he suggested was a higher priority than other projects.
Councilmember McCluer agreed that Corliss Drive was one of the top safety priorities for the Town and he understood that asphalt paving was the plan, with an asphalt curb and dedicated walkway but was unaware of the differing opinions from residents. He agreed engagement was needed before anything was done and suggested staff lead any engagement effort and possibly extend an invitation to a couple of Councilmembers.
Councilmember McCluer stated the Corliss Drive sidewalk/crosswalk and safety was important and that project should rise to the highest priority. He also suggested once the Town Council had engagement and alignment on a solution it should move forward even if there had to be a trade off with another project.
Councilmember McCluer also took accountability for the miss of originally approving the trellis in front of the Council Chambers since in his opinion the project should be pulled, although he recognized the Town had already expended funds. As to the Town Facility Energy Generation Town Council Regular Meeting 10 April 27, 2022
Study, while he looked forward to the results of the study and would not recommend the project be removed from the New CIP Projects Recommended for Funding for FY 2022/23 List, he had not seen the study and he could not recommend its approval at this time. He had the same opinion for the Laguna Creek Restoration at Hacienda de las Flores - Phase 2.
Councilmember McCluer found that the existing wooden trellis located in front of the Town Hall building project to be a standalone trellis, a discretionary item, and suggested the funds should rather be spent on safety items. He recommended the project be removed from the list and that the Town save the monies estimated for the project.
Councilmember McCluer spoke to the Ongoing CIP Projects with Additional Funding Recommended for FY 2022/23, Livable Moraga Road Study, and understood the Town was around 85 percent there, but he requested more information. The St. Mary's Road Roundabouts were not an ongoing project, and the Town should not spend more funds on roundabouts. In terms of the Carryover Projects FY 2021/22 with Planned Funds and in terms of Complete Streets, there were a total of four Complete Streets projects listed in the CIP. He recommended only the projects identified in the table for Carryover Projects FY 2021/22 with Planned Funds: Moraga Road (St. Mary's - Moraga Way) "Complete Streets" and Canyon Road (Moraga Way to Sanders Drive) "Complete Streets" remain on the list. With respect to the Scheduled FY 2023/24 to 2026/27 CIP, Rheem Boulevard High Visibility Crosswalk, he suggested that project also be pulled from the list. He otherwise expressed his appreciation to Town staff for a great job and planning for a Five-Year CIP budget.
Councilmember Onoda emphasized that children were her main concern and agreed the Corliss Drive sidewalk should be a priority. She also noted the Town Facilities Energy Generation Study was important given she had a neighbor who was on dialysis when her neighborhood had to evacuate on more than one occasion. She emphasized that the project was very important in terms of safety and was one of the projects she wanted to see move forward.
Councilmember Makker was aligned with the need to prioritize the Corliss Drive sidewalk but a solution should be thought out with a sustainable approach and she acknowledged that staff had provided an outline. She liked all the ideas about engagement understanding there were different perspectives in the community in order to reach a solution that was sustainable to all entities, neighbors, schools and the PTA. She agreed with the Town Manager's recommendation that the Town Council should consider a blank slate when considering the outline for the Unfunded and Unscheduled CIP List, and not make an assumption the carryover items had been the projects that people wanted and the Town Council should prioritize.
Mayor Sos thanked staff for the preview presentation allowing multiple opportunities for the Town Council to provide feedback and the public for its engagement. She concurred that this was an exercise to separate the must-haves from the nice-to-haves. She supported deleting as many of the nice-to-haves as possible and focusing on critical needs. She recognized that some of the studies were carryovers and needed to be completed to be put in a position for funding and she was in favor of continuing to that point, and then putting on the breaks if they did not need to go further. She agreed that pedestrian safety especially near schools, sidewalks and crosswalks were a top priority with critical infrastructure the next highest priority, and that proactive measures to help identify potential disasters before they happened was also a priority.
Mayor Sos found overall there were too many projects and she encouraged staff to see whether there were any that could be cut. She looked forward to the LRSP and clarified with staff there would be other engagement meetings on the RSP to provide feedback. She looked forward to the analysis from the LRSP since the data would provide hard evidence and give the basis for making decisions and for staff to make decisions on priority. She added that the decisions should be driven by data and hard evidence.
Town Council Regular Meeting 11 April 27, 2022
Mayor Sos also agreed with the to requests for a Corliss Drive sidewalk and emphasized to the public the Town Council heard the concerns and was working on a solution. She requested staff remove projects that had been shelved or concluded so as not to set resident expectations about things that would happen or prejudge unplanned and unfunded projects. She also supported the removal of the Multi-Generational Community Center and all the items under Parks & Open Space from the Unfunded and Unscheduled CIP List since those items had been included based on information that was years old. She would rather see the Unfunded and Unscheduled CIP List based on current public input.
Mayor Sos also agreed with Councilmember McCluer about the two trellis projects at 329 and 335 Rheem Boulevard and advised there was a consensus from the Town Council to remove both projects from the respective lists.
Ms. Battenberg explained that staff was executing the storm drain projects and those projects would remain a priority as would all street repair projects. She understood there was Town Council consensus that Corliss Drive was a priority and appreciated all the input from the Town Council.
Mayor Sos commented that critical infrastructure had become part of the Town Council DNA, and assumed it was a priority and the Town Council had not deviated from that direction.
Mayor Sos declared a recess at 8:37 p.m. The Town Council reconvened at 8:46 p.m. with all Councilmembers present.
D. Discussion of Future Use of Measure K Funds
Continue Discussion of Future Use of Measure K Funds and Provide Direction to Staff
Ms. Battenberg presented the staff report and recommended the Town Council discuss the future use of Measure K funds and provide direction to staff.
Ms. Battenberg clarified Attachment A, Resolution 98-2015, which included Town Council policy regarding how Measure K funds should be directed and as stated in the third WHEREAS clause of the resolution, which read: WHEREAS, since passage of Measure K the Town Council had directed that the revenue be dedicated to the Town's most critical infrastructure needs, specifically repair of failing streets, storm drains, and related infrastructure. The Town Council had also been provided the language included in the ballot measure for reference.
Ms. Battenberg confirmed that as part of the Road Repair Program, varying levels of storm drains had been repaired as part of that project related to the storm drains that ran underneath the roads, and in addition to the actual pavement work was done on the crosswalks and other areas to make the roads safe, all included as part of the Pavement Management Program. Each year the Local Sales Tax Oversight Committee (LSTOC) reviewed and confirmed that Measure K funds had been used consistent with Town policy and passage of the measure.
Ms. Battenberg also confirmed that each year the LSTOC had come back with a clean audit related to the use of Measure K funds. She reiterated that the ballot measure language had been provided as well as the language in Resolution 98-2015.
Assistant Town Attorney Denise Bazzano clarified that she had not been present when Resolution 98-2015 had been adopted and could not express any opinion on what the Town Council intended at that time. She read into the record the resolve clause language as shown on Page 2 of the resolution, which read:
Town Council Regular Meeting 12 April 27, 2022
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Moraga hereby authorizes the designation of Measure K funds as a separate Major Fund for accounting purposes and authorizes the Town Manager to take the necessary administrative actions needed to prepare financial reports which accurately classify Measure K fund balances and provide other disclosures as required by GASB 54.
Ms. Bazzano stated the resolve language only spoke to setting up the GASB 54 account and did not discuss or provide any indication of how the funds should be used, but the recitals in the Resolution provided information on how the funds should be used. The only action being taken by Resolution 98-2015 was the separate account for accounting purposes and it was still a General Fund. Again, the recitals had provided information about the fact that the Town Council had directed that the revenue be dedicated to the Town's most critical infrastructure needs.
Whether or not that direction was verbal, it had been set forth in the recital.
Ms. Battenberg explained that the LSTOC also dictated how revenues were intended to be spent.
Ms. Bazzano again stated the action in the resolution was only related to setting up the separate fund.
Ms. Battenberg reiterated the Town Council approved the budget each year which identified how Measure K funds could be used. The LSTOC conducted an audit each year and each year there had been a clean audit report.
PUBLIC COMMENTS OPENED
Ellen Beans, Moraga, explained that she had worked on the pre-Measure K Committee for two years with many people and there had been concerns with the terrible condition of the roads and the knowledge that storm drains must be addressed as well. It had been very clear that if Measure K became a ballot measure, it must be made clear to the voters what the funds would be used for and that they would not be used for just any purpose.
PUBLIC COMMENTS CLOSED
Councilmember McCluer thanked the 2012 Town Council led by Mike Metcalf for Measure K to take care of roads and infrastructure. He had spoken with Mr. Metcalf who had provided the history of Measure K, and although a general tax in writing, there was a commitment to residents the funds would be used on roads and infrastructure.
Councilmember McCluer asked that the first sentence of the first paragraph of Page 1 of the April 27, 2022 staff report be modified to include the following statement: Per public record the motion was "continue agenda item 10. D. Use of Measure K Funds to a time when we have five Councilmembers with the same timing as soon as is reasonably possible." Councilmember McCluer suggested there were two options; leave things as they were following the verbal promise which was not documented and the ballot measure which was very different, or state in a written one-page policy to provide clear direction and memorialize the intention to use Measure K funds on roads and infrastructure. The policy could be modified in a meeting if needed due to new and unforeseen circumstances. The Town Council had considered a similar policy for Asset Replacement at a recent meeting on how to spend monies over 50 percent of General Reserve funds, which had been helpful to provide direction to any new Councilmembers.
That policy had been in place for seven years and had helped to fund unfunded needs, and that policy could be overwritten, and the Council could use if for another option.
Town Council Regular Meeting 13 April 27, 2022
Councilmember McCluer advised he had provided a one-page proposal to the Town Manager and he asked that it be read into the record, and when questioned by the Mayor he pointed out that Councilmembers had presented ideas similarly in the past.
Mayor Sos clarified that the procedure for such requests pursuant to the Town Council Protocols would be to request that three Councilmembers give direction to staff to bring back a resolution or policy for Town Council consideration.
Vice Mayor Woehleke believed a former Councilmember had routinely distributed and provided replacement documents to staff materials and a precedent had been set.
Mayor Sos suggested Councilmember McCluer outline his idea but clarified that no action could be taken at this time. She added that moving forward staff should be directed to bring Councilmember McCluer's recommended outline to the Town Council for consideration, which would allow the Town Council to vet the proposal. She was not comfortable with this process.
Councilmember McCluer read into the record his recommended version of a policy that was essentially a resolution for consideration. He again wanted to take the verbal process and memorialize it in writing. He suggested that proactive leadership was a policy providing clear written direction to support the promise to residents regarding the use of their tax dollars. He asked the Town Council to consider his proposed document.
Councilmember Onoda again read into the record the third whereas clause of Resolution 98- 2015, which in her opinion said the same thing as the document Councilmember McCluer proposed.
Mayor Sos thanked Councilmember McCluer for his ideas but disagreed with his fundamental premise that the regime in place now was a verbal promise and a hope. She stated the regime in place was rigorous, and tied to facts and circumstances with Measure K funding considered in connection with the CIP, the budgeting process and the LSTOC which reviewed Measure K expenditures each year to ensure consistency with the letter and spirit of Measure K, and with clean opinions every year. She found the dichotomy Councilmember McCluer had set up was not quite accurate since there was a process and procedure in place, which in her view was working well. To try to bind the hands of future Town Councils and to usurp the authority of the LSTOC was not good policy and would be an overreach by the Town Council. She opposed doing anything beyond what was being done today.
Vice Mayor Woehleke commented that while Councilmember McCluer's recommended statement added definition and strengthened it, he saw no compelling reason to go further than where they were. There was wording in documents and communications over the years that stated that Measure K funds would be used for roads, related storm sewers and infrastructure and so far, the Town was doing that. He hoped that Measure K would continue to bring in even more revenue and that the Town's roads could be brought up to a Pavement Index Condition (PCI) of 80, at which point the funds could be put into an account for future road work. He saw no evidence to argue strongly one way or the other.
Councilmember Makker commented that she had looked at this issue from the lens of clarity, transparency and oversight. While clarity may not be in the form Councilmember McCluer sought, she found there was clarity, direction and enough communications and documentation, with transparency and oversight that there was no need to do anything further.
11. DISCUSSION ITEMS
There were no discussion items.
Town Council Regular Meeting 14 April 27, 2022
12. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
There were no Council requests for future agenda items.
13. COMMUNICATIONS
The Town Council acknowledged the receipt of the following correspondence:
A. Letter of Support for the 2023-2031 Moraga Housing Element from the Moraga School District dated April 13, 2022
14. ADJOURNMENT
ACTION: It was M/S (Woehleke/Onoda) to adjourn the meeting at 9:17 p.m. Vote: 5-0.
Respectfully submitted by:
MartaC Mainlin
Marty C. McInturf, Town Clerk
Approved by the Town Council:
Hee Dockleke
Steve Woehleke, Mayor
Town Council Regular Meeting 15 April 27, 2022