TOWN OF MORAGA
REGULAR MEETING
June 8, 2022
Rovember, 191% MINUTES
6:30 p.m. Regular Meeting
TELECONFERENCED MEETING LOCATION ONLY
*COVID-19 NOTICE*
THIS MEETING WAS CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361), WHICH AUTHORIZED
TELECONFERENCED MEETINGS UNDER THE BROWN ACT, DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020.
THIS TELECONFERENCED MEETING WAS NECESSARY SO THAT THE TOWN COULD
CONDUCT ESSENTIAL BUSINESS AND WAS PERMITTED UNDER GOVERNMENT CODE SECTION 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND THE SAFETY OF ATTENDEES.
Consistent with Government Code Section 54953, this meeting was held via eleconference only, and was not physically open to the public. Town Councilmember:
and staff teleconferenced into the meeting by audio and/or video. The meeting was conducted via Zoom Webinar.
CALL TO ORDER
The regular meeting was called to order at 6:30 p.m. by Mayor Steve Woehleke.
ROLL CALL
Councilmembers present: Mayor Steve Woehleke, Vice Mayor Renata Sos, and Councilmembers Sona Makker, Mike McCluer and Teresa Onoda Councilmembers absent: None
2. PLEDGE OF ALLEGIANCE
Assistant Town Attorney Karen Murphy led the Pledge of Allegiance.
3. SPECIAL ANNOUNCEMENTS
There were no special announcements.
4. PROCLAMATIONS AND PRESENTATIONS
A. Proclamation Declaring June 2022 as Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ+) Pride Month
The Town Council read into the record the proclamation declaring June 2022 as LGBTQ+ Pride Month.
PUBLIC COMMENTS OPENED
Town Council Regular Meeting 1 June 8, 2022
Wendell Baker, representing Moraga Kind, thanked the Town Council for the proclamation and emphasized the importance of supporting the LGBTQ+ community.
PUBLIC COMMENTS CLOSED
The Town Council found the proclamation to be as meaningful as it had been three years ago when first issued; the community needed to remain a safe haven for the LGBTQ+ community and a bulwark against recent hateful and pernicious targeting of gender non-conforming youth and their families around the country; and today and every day supported confronting bigotry with kindness, taking on intolerance with empathy, and countering hatred with openness and loving acceptance so that the community remained a place for all youth to grow and thrive. The proclamation was an important message, and the Town Council expressed its appreciation for all the work Mr. Baker had provided via the Moraga Kind project.
5. PUBLIC COMMENTS AND SUGGESTIONS
Barry Behr, Moraga, representing Kiwanis Club of Moraga Valley, detailed the Fourth of July activities planned by the Kiwanis Club of Moraga Valley that had teamed with the Moraga Lions Club to serve food at the Snack Shack during the event and the concert starting at 7:00 p.m.
Kiwanis had also teamed up with Boy Scout Troop 212 to hold a raffle the day of the event at the Moraga Commons Park and he highlighted the items to be raffled.
Dan Gannett, Moraga, also highlighted the activities Boy Scout Troop 212 would participate in.
Mr. Behr added the proceeds from the raffle would be split between the Kiwanis and Boy Scout Troop 212. The funds received by Kiwanis would go back into the community via the numerous organizations supported by Kiwanis. He thanked the Parks and Recreation Director and her staff who create the event and he welcomed everyone to participate in the Fourth of July celebrations.
6. ADOPTION OF CONSENT AGENDA
A. Acceptance of Consent Items
PUBLIC COMMENTS OPENED
Mayor Woehleke reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Sos/Makker) to adopt Consent Agenda Items 6.1, 6.2, 6.3, and 6.4. Roll Call Vote: 5-0.
6.1 Receive Accounts Payable Claims for: 05/20/22 Approved ($180,889.77)
6.2 Approve Minutes for the Special Closed Session Council Approved Meeting on March 16, 2022
6.3 Approve Minutes for the Special Lamorinda Joint Town and City Approved Councils Meeting on March 21, 2022
Town Council Regular Meeting 2 June 8, 2022
6.4 Continuing the Local Emergency Approved
Consider Resolution 55-2022 Renewing and Continuing the Local Emergency Relating to COVID-19 as Proclaimed by the Director of Emergency Services on March 17, 2020, and Ratified by Town Council on March 23, 2020
B. Consideration of Consent Items Removed for Discussion No items were removed from the Consent Agenda.
7. ADOPTION OF MEETING AGENDA
Councilmember Onoda requested the meeting agenda be modified with Item 10. C. Recreation and Open Space Plan Process to be considered prior to Items 10. A. FY 2022/23 Operating and Capital Improvement Program and 10. B. Local Roadway Safety Plan since the discussion may impact Item 10. A., and given the number of emails received related to Item 10. C Vice Mayor Sos suggested the meeting agenda remain as shown. Emails received had been lesignated for Item 10. A. and were related to the use of Palos Colorados funds for the John Muir Land Trust (JMLT) to acquire Harvey Ranch and the Town Council could handle those email comments in the context of Item 10. A. Also, the Town Council did not have to take action on Item 10. C. at this time.
Councilmember McCluer suggested Item 10. C. could be considered after Item 10. A.
Mayor Woehleke pointed out that Item 10. B. needed to be considered this date and if the meeting extended too late it might be possible that Item 10. C. may have to be continued to the next meeting of the Town Council.
Councilmember Onoda withdrew her request to modify the meeting agenda.
PUBLIC COMMENTS OPENED
Mayor Woehleke reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Sos/McCluer) to adopt the Meeting Agenda, as shown. Roll Call Vote:
5-0.
REPORTS
A. Town Manager Update - Town Manager Cynthia Battenberg announced Bubble Palooza, one of the new programs offered by the Parks and Recreation Department, and reported that summer camps were now in session; numerous attendees had participated in the Welcome to the Garden event held over the past weekend: the Summer Concert Series would commence on June 9 at the Commons Park; and the Planning Department was hard at work on updates to the Housing Element with the working draft to be presented to the Planning Commission on July 5, 2022, and thereafter to the Town Council on July 13, 2022.
The working draft would be posted on the Town website when available.
Ms. Battenberg also reported that Canyon Road bridge construction was ongoing, the contractor was working on the punch list, and the road would be closed on Town Council Regular Meeting 3 June 8, 2022
June 10, 2022. Nearby residents had been notified of the road closure, signage had been posted and information had been included on the Town's social media accounts. The 2022 Resurfacing Project would commence on June 15, 2022 with the contractor to reface numerous streets that had been identified on the Town website, and with all affected residents notified via postcards. "No Parking" signs would be placed on the streets to be improved. In addition, maintenance staff was also wrapping up storm drain cleaning and CCTV inspection work with the current vendor, and 360 inspections had been conducted based on the strategy outlined in the 2019 Addendum to the Storm Drain Master Plan.
Ms. Battenberg also reported that localized flooding had occurred on Moraga Road from Rheem Boulevard to Hansen Court, with engineering staff reviewing comments from the consultant on the 60 percent design plans soon to be presented to the Town Council. In addition, a major East Bay Municipal Utility District (EBMUD) water main pipe break had occurred over the weekend and the Moraga Police and Public Works Departments had placed traffic controls and assessed the damages before the arrival of EBMUD to shut off the water. The road had been partially closed. EBMUD would be required to repair the pavement and would work with Town staff on that repair work. Further, the contractor had completed the installation of the major irrigation improvements at the Commons Park, with some delay for the weather station but the new system would be tested, and the fountain and restrooms would be set up soon.
Councilmember McCluer asked whether there had been any issues at the Commons Park since the fence had been installed around the Skate Park there.
Chief of Police Jon King reported the Moraga Police Department had recently closed a major vandalism case that primarily involved the area of the bandshell, the Skate Park and other areas. Surveillance cameras had been able to identify numerous juvenile offenders who were in the process of reimbursing the Town between $4,000 and $5,000 in damages. The Skate Park could be closed, if needed, and the fence had been a major deterrent. The Skate Park had only been closed when graffiti had to be removed.
Councilmember McCluer spoke to the process for reading emails into the public record during Town Council meetings. He requested clarifying the information on the meeting agenda to better reflect the process for the public to provide written comments.
B. Mayor's and Councilmember's Reports
Mayor Woehleke - Reported he had attended the League of California Cities East Bay Division meeting and briefed the Council on the status of activities in Washington D.C.; Boy Scout Troop 234 Eagle Court of Honor ceremony and congratulated all recipients; and the official Ribbon Cutting Ceremony for the and Demonstration Garden at Rancho Laguna Park, a
successfully executed volunteer effort.
Vice Mayor Sos - Reported she had attended the official Ribbon Cutting Ceremony for the Monarch Habitat and Demonstration Garden at Rancho Laguna Park, an event she stated was an example of what was best in the Town of Moraga given the spirt of volunteerism, cooperation and collaboration between community groups and the Town, appreciation and love for the wonders of nature and the shared commitment in the Town to make the community and world a better and wonderful place.
Town Council Regular Meeting 4 June 8, 2022
Councilmember McCluer - Reported he had attended a County Connection meeting; had a conversation with resident Ellen Beans about Moraga businesses; attended the Moraga Chamber of Commerce Board meeting and briefed the Council on the discussions; and briefed the Council on a conversation with a representative from the Moraga Chamber of Commerce on Town and Chamber best practices and relationships. He had also reported during the May 25 Town Council meeting he had provided comments from a major landowner who had allowed him to use her name, Joan Bruzzone had provided information on the City of Lafayette's Gift Card Program, which he shared with the Moraga Chamber of Commerce.
Councilmember Onoda - Reported she had attended a RecycleSmart Committee meeting and commended Vice Mayor Sos who served as the Chair of that committee.
Councilmember Makker - Reported she had attended a Special Moraga Geologic Hazard Abatement District (GHAD) Board meeting; spoke with residents about the Town's budget, Capital Improvement Program (CIP) and the possible acquisition of the Harvey Ranch property; and thanked everyone involved in planning the 4th of July event which she looked forward to attending.
9. PUBLIC HEARINGS
There were no public hearings.
10. ORDINANCES, RESOLUTIONS AND REQUESTS FOR ACTION
A. FY 2022/23 Operating and Capital Improvement Program Consider Preliminary Fiscal Year 2022/23 Operating and Capital Improvement Program Budgets, Including Updates to the Five-Year Financial Plan and Provide Direction to Staff
Town Manager Battenberg and Administrative Services Director Annie To provided a PowerPoint presentation of the FY 2022/23 Operating and Capital Improvement Program Budget which included an overview of executing Town Council Goals to address unfunded needs and position the Town for long-term fiscal sustainability; budget development for the fiscal year cycle and the budget calendar and timeline of significant events where policy direction had been provided; and an overview of the FY 2022/23 General Fund Budget, General Fund Unassigned Reserve, Proposed General Fund Revenues, Property Tax Assumptions, Where Do Property Taxes Go?, Sales Tax Assumptions, General Fund Transfers In, General Fund Uses (to be corrected to include the cost for the grant funded Police Officer), Proposed General Fund Uses, Expense Assumptions, CalPERS Required Contribution, Estimated CaPERS Unfunded Liability Payments and Other Fund Highlights for Fund 100 - Palos Colorados, Fund 102 - the American Rescue Plan Act (ARPA), Fund 750 - Asset Replacement Expenses and Fund 780 - General Government Impact Fee. All information was also contained in the staff report.
Ms. Battenberg asked the Town Council to provide direction to staff on the Fiscal Year 2022/23 Proposed Budget and acknowledged that some minor changes, and typographical errors would be corrected off-line. The Final Fiscal Year 2022/23 Proposed Budget would be presented to the Town Council on June 22, 2022 for formal action and adoption.
Responding to the Council, Ms. Battenberg and Ms. To clarified:
Town Council Regular Meeting 5 June 8, 2022
• Consideration of the allocation of funds for the Harvey Ranch property to the John Muir Land Trust (JMLT) should be discussed as part of the discussion portion of the budget. • The allocation of ARPA funds previously approved by the Town Council for the Moraga Chamber of Commerce and for the Business Recovery Grant Program was clarified and included an additional payment of $10,000 to the Chamber of Commerce directly, to be paid in July 2022 to assist in Fiscal Year 2022/23.
• As to the pending applications for consideration of grants submitted as part of the Business Recovery Grant Program, one of the pending applications involved a non-profit operating in a brick-and-mortar store and staff had left messages and sent a message through the Chamber to speak with that organization about the status of its grant application.
• Sales and property tax revenues were again clarified in the Five-Year Financial Plan estimating a three percent increase in sales taxes, which was a conservative estimate, and it was likely to be adjusted as part of the mid-year budget adjustment. • Ongoing operating expenses were again clarified. CIP projects were typically handled through a CIP budget separately from the Operating Budget since the CIP projects had identified funding specifically for those projects and they were not operating expenses but one-time expenses. Initiatives that were more than $50,000, such as the Advanced Planning Initiative, had been included in the CIP budget and were a bit different but enabled staff to track special projects more clearly.
• Throughout the year there were items submitted to the Town Council for discussion or direction that were new programs that may need additional funding. Whenever funding was appropriated as part of a resolution of approval it would add money to the budget.
Alternatively, the budget could be adjusted during the mid-year budget adjustment process.
• Measure K Revenue for the last year was again clarified and was acknowledged as a bit a not secured opened, and at had role 58585001
years' worth of sales taxes pertaining to one company which had increased the numbers for the prior year and may have skewed the projected increases. The consultant had provided a pessimistic, likely, and optimistic approach, and staff was using the likely approach which was prudent and good fiscal planning. If the Town Council desired to assume higher, it could do so, but it was not staff's advice as staff indicated it would be reviewed as part of the mid-year adjustments.
• The $100,000 recommended to be added to the Small Business Recovery Grant program was again clarified. The Town Council had not excluded non-profits and if the Town Council wanted to include for-profits and non-profits as a definition for small business grants, that could be done. Staff did note there were other grant programs and resources available for non-profits.
• The expense assumptions were again highlighted with the increases shown due to salary increases and other items.
PUBLIC COMMENTS OPENED (Operating Budget)
The following speakers asked that their written comments be read into the record:
Town Council Regular Meeting 6 June 8, 2022
Linda Craig: Co-Founder, Education Director and Board Trustee, Joy in Motion: Dear Town Council: I'm writing to address the exclusion of non-profits from the allocation of the federal ARPA funds. We incorporated our business as a 501(c)3 non-profit because we believe the arts are a service to the community like community theaters, classical ballet school, and large urban dance studios. We also wanted to make a business that would outlast the co-founders, and having a board of directors was one way to carry on the legacy and protect against founders' syndrome.
We are not a charitable foundation that takes in and distributes money. We operate a brick and mortar business in Moraga. All of our hundreds of clients live in Lamorinda with the exception of a VERY few who drive in for our classes. We did not have access to special non-profit monies during the pandemic and we understand there is a very small $2,500 CA grant right now. Please help us understand why our type of non-profit is excluded for these funds, or reconsider this position. Linda Craig Co-Founder, Education Director, and Board Treasurer.
Larry Tessler: My name is Larry Tessler. My wife Carol and / have lived in Moraga since 1974.
Over this time we've watched two grocery stores, two drug stores, a book store, a Hallmark store, a produce store, a women's clothing store, two florists, a yardage store, a local branch of an area- wide department store chain, two fast food restaurants, two sit-down restaurants, one snack shop, one gas station, a bowling alley, two banks, one savings and loan, a phone repair shop (and other businesses / can no longer recall) disappear. Walk through either shopping center here in Moraga and you will see a large number of vacancies. My guess is that one would also see many vacancies in the office buildings. COVID has been particularly hard on small businesses. For that reason the Federal Government developed programs to help these struggling organizations.
One such program is the American Rescue Plan Act. Of the $4.2 million awarded to the Town of Moraga / thank you for allocating $150,000 to some 30 small businesses here in town and also some funds to the Chamber of Commerce. The Chamber of Commerce has not collected dues for a year and a half in order to keep the cash in the hands of the business owners. That has not, however, prevented the Chamber from continuing to promote local business as best as we can.
I am solidly connected to the small business community. After retiring from the corporate world / started and ran my own small business for five years. The Chambers of Commerce in Moraga, Lafayette and Walnut Creek and their generous members were quite helpful in my success. / have been a citizen board member of the Moraga Chamber for many years. For the past 23 years I have been a volunteer member of SCORE which is a national organization that offers free mentoring and counseling to small businesses. I myself have counseled/mentored over 2,000 businesses including several here in Moraga. I'm telling you that small businesses here in Moraga need help. I am asking you here to please provide additional ARPA funds to the small businesses of Moraga. Sincerely, Larry Tessler.
Jan and Mary Lou Blumer: At the Town Council meeting scheduled for June 8, 2022 the Council will discuss the operating and capital improvement budgets and the allocation for Fund 100 - Palos Colorados. The John Muir Land Trust has recently supported our community in several important acquisition projects - Carr Ranch and the Painted Rock. JMLT is currently raising $4,000,000 to retire the Harvey Ranch. In addition, they are supporting considerable costs to maintain and develop the Painted Rock property. These are substantial projects that improve and impact our community and we should partner and support JMLT. I urge the Council to allocate substantial funds to support the Harvey Ranch acquisition and assist JMLT in developing the Painted Rock property.
Marti Roach: / am writing you today regarding the budget decisions you will be making tonight and asking that you prioritize a commitment of funds to support the John Muir Land Trust Harvey Ranch Campaign. https://jmlt.org/our-places/harvey-ranch/. When / think of the top reason that Moraga is such a special place to live, it is hands down the semi-rural character and the easy access to beautiful open spaces for hiking, for finding renewal and experiencing appreciation for the beauty in nature that surrounds us. Our town is now in a financial position to join the leadership of other jurisdictions who have committed significant funds to John Muir Land Trust Town Council Regular Meeting 7 June 8, 2022
We, like them, can find justification in our Town's General Plan supporting this conservation effort that will benefit our town and our residents and is the right thing to do. I am aware that Preserve Lamorinda Open Space, which has done comparative research on contributions other jurisdictions have made to such projects, is recommending a commitment of $250,000 to $300,000. This can come from the funds available through the Palos Colorados Project. It is right that our budget should include recognition of our responsibility to help the success of the Harvey Ranch campaign. We will benefit and will know that we were also acting responsibly to help secure this parcel for open space and recreation for perpetuity. Thank you for your service and for considering this request.
Susa and Bill Cooper: Town Council, we would strongly encourage that the budget include distributing Palos Colorados funds for the acquisition of the Harvey Ranch. It is important for the Town of Moraga to show leadership in protecting lands in their area of influence for the many active members of the community and to sustain the character of the community. The Town Council can facilitate this leadership on this issue by making a significant donation eg $300,000.
The open space that Moraga has surrounding it is amazing. It's so important to take advantage of the increasingly rare opportunities we have to protect it. Thank you for your consideration.
Susa and Bill Cooper.
Kendall Langan, Moraga, disagreed with the concept of JMLT receiving money from the ARPA which was meant for small businesses, and he questioned decisions made by the Town Manager and her staff during this time of stress while businesses had been decimated. He reported that he had been given $5,000 for his small business which had lost $100,000, but denied $5,000 for his second business, and denied funds for a third non-profit. He believed staff's income had been increased while denying monies to local businesses. He questioned the Town Council's acceptance of the budget as presented and reiterated his opposition to allocating funds to the JMLT and believed that Preserve Lamorinda Open Space (PLOS) supported political candidates and individuals on the Town Council, which was wrong.
Suzanne Jones, Preserve Lamorinda Open Space (PLOS), stated the Lamorinda community and PLOS had been very active over the years in eliminating the golf course from the Palos Colorados project and to facilitate compensation for the Town, with the use of those funds for open space and recreation. Palos Colorados funds received to date had been able to support a variety of important Town needs and while she was pleased that had been possible, none of the property to help the JMLT acquire the property and meet its December deadline. The expenditure would only be around ten percent of the Palos Colorados total funds on hand, and only slightly more than three percent of the total Palos Colorados funds received to date. The General Plan expressly called on the Town to support acquisition projects like Harvey Ranch pursuant to Policy OS1.1 and Implementation Program IP-J1.
Ms. Jones stated the Harvey Ranch property fulfilled each of the General Plan directives, encompassed steep ridgelines, high slopes, quality wildlife habitat and creeks, grazing land, abutted the scenic corridor and was not protected by the Moraga Open Space Ordinance (MOSO). Correspondence from PLOS to the Town Council outlined the Town's participation at the $250,000 level as modest as compared to contributions for similar projects in Contra Costa County jurisdictions. This was a major opportunity for the Town to build a partnership with the JMLT and be instrumental in securing this recreational new amenity for the Town of Moraga, without encumbering the Town for any maintenance responsibilities or liabilities, and again was fully supported by the General Plan. She suggested directing a small portion of the Palos Colorados funds towards open space acquisition would still leave the lion's share of the money to fund other priorities and she asked the Town Council to consider PLOS' request.
Town Council Regular Meeting 8 June 8, 2022
Gian Panetta, Moraga, reported the business assistance grant program had provided $150,000 to small businesses to date. The Chamber of Commerce had received $17,000 for the Community Faire and Art Walk per Town Council direction, with an additional $10,000 the Chamber would receive in the next round for specific Chamber support. He reported the Chamber had reached out to the non-profit the Town Manager had referenced but had not heard back from them yet. The Chamber had also completed a survey of businesses and business owners, which results he highlighted at this time. While businesses were thankful for the money received to date, they were still hurting and were thankful the Chamber would be allowed to make a second request for additional funds.
Sean Stuart, Owner, Massage Envy, located in the Rheem Center, echoed many of the comments from the small business community. The ARPA funds would be needed for the small business community to weather the storm of the pandemic. He asked that the ARPA funds be used in a reasonable manner while available. He saw that in the Rheem Center there were many vacancies of businesses that would likely not return, and many of the existing businesses were experiencing difficulties due to labor shortages. Additional ARPA funds could provide assistance to secure staff to better serve the community.
Katie Bidstrup, Executive Director, Moraga Chamber of Commerce, representing Moraga businesses and the Moraga Chamber of Commerce Board of Directors, thanked Town staff for the inclusion of additional funding for the Small Business Recovery Grant program in the amount of $100,000. She reported the grant program had been a huge success and a positive reflection of the speed and efficiency of Town staff and the ability of the Chamber to educate and conduct outreach to local businesses. The speed of depleting the grant program was an indicator of the continued need and a follow-up survey had been conducted by the Chamber, as earlier described.
Ms. Bidstrup stated responses had been received from a variety of businesses and emphasized that local businesses in Moraga had indicated that only four percent would describe themselves as 100 percent recovered from the pandemic with zero to 50 percent of normal. She highlighted many of the comments received from local businesses as part of the survey responses on what they would do with additional ARPA funding if provided. While the Chamber appreciated the staff recommendation of $100,000 to be added to the Small Business Recovery Grant program, the Chamber requested the amount be increased to $250,000, with applications still pending from the previous round and other businesses waiting to apply.
Ms. Bidstrup also asked that the Small Business Recovery Grant program be clarified to include non-profit businesses, which topic had been discussed with Town staff. She also requested that $50,000 be reserved for future business-related programs to meet the requests of the business owners, as highlighted from the survey responses. She emphasized that local businesses needed help and what the Chamber did or did not do with future event planning had no bearing on what had happened to Moraga businesses over the past two years due to the pandemic. She urged the Town Council to consider the Chamber's request.
PUBLIC COMMENTS CLOSED
Councilmember Makker thanked staff for the diligent work on the budget and aligning it closely with the Town Council goals. She agreed with the additional $100,000 in funding in the budget as recommended by staff for the Small Business Recovery Grant program and appreciated the information provided on the status of that program. While the budget had not included a contribution to acquire the Harvey Ranch property, in evaluating the Town's financial health she found the Town was in a position to have this conversation due to good, sound and long-term planning. The Town had addressed many priorities and needs previously unmet across infrastructure and Town services, with the Town providing excellent quality services, expanding public outreach in meaningful ways, and expanding parks and recreation programs.
Town Council Regular Meeting 9 June 8, 2022
Councilmember Makker stated a contribution for the acquisition of the Harvey Ranch property would not come from the General Fund or ARPA funds but from Palos Colorados funds, and she agreed the General Plan supported this activity to preserve open space to the maximum extent possible using tools such as acquisition. She supported consideration of $250,000 from Palos Colorados Fund-100 for the acquisition of the Harvey Ranch property and adding it to the 2022/23 operating budget.
Councilmember Onoda agreed that the $100,000 in the budget for the Small Business Recovery Grant program should remain in the budget. She suggested that businesses that had not previously applied for the program be allowed to complete their applications. She would rather see additional funds considered incrementally.
Councilmember Onoda acknowledged the number of letters supporting the use of Palos Colorados funds to help the acquisition of the Harvey Ranch property. She found that was part of the brand of the Town, most residents used and hiked the hills and during the pandemic many people hiked around the Town. She believed the Town should contribute those funds to JMLT and she fully supported a request for $300,000 in Palos Colorados funds to JMLT to acquire the Harvey Ranch property.
Councilmember McCluer thought the Town Council should direct staff to include non-profits in the Small Business Recovery Grant program. He suggested that between staff and the Chamber appropriate language could be crafted and added it had never been his intention to exclude non- profits when the program had initially been formed. He understood that nine grant applications were unfunded, and almost half of the staff-recommended $100,000 to be added to the budget for the program had already been used. He supported an increase to the recommendation of $100,000 to $150,000 for the Small Business Recovery Grant program. He described the percentage differences between the ARPA funds provided by the Town of Moraga to its local businesses as compared to the City of Lafayette.
Councilmember McCluer believed the Harvey Ranch property was consistent with the values of residents and agreed considering the allocation of Palos Colorados funds would be consistent with the policies in the General Plan. Given that the Town's financial situation had improved, although still with a structural deficit with unfunded needs, the Town was in better financial shape than in the past. There were funds in the Palos Colorados Fund to consider this request and he had been convinced that if an allocation of $250,000 was made it would not impact other recreational needs. He sought more precise information on the development impact fees but found even at the high end of the range of future fees, allocating $250,000 in Palos Colorados funds would not place the Town at risk.
Councilmember McCluer added that while he could support the allocation of Palos Colorados funds for the JMLT to acquire Harvey Ranch, the request had not been agendized or included in the budget. Given the budget would not be formally adopted until June 22, if this request was supported by the majority of the Town Council, he asked that staff provide some specific communication to let residents know that the Town Council had tentatively approved the request and that public comments would be welcome over the next two weeks.
Councilmember McCluer also suggested an update on unfunded needs should be included in the budget process. He noted that Measure K gas tax vehicle fees in the next few years included a plan where it could fund storm drains and later possibly asset replacement on a sustainable basis, leaving pensions and irrevocable pension trusts to be addressed. He believed there was Vice Mayor Sos thanked staff for the presentation and input and recognized the need to consider what was best for the Town while also considering the competing interests in funding. She liked the direction they were heading with a focus on infrastructure and essential services and the Town Council Regular Meeting 10 June 8, 2022
Advanced Planning Initiative, all critical for the future of the Town. She also liked the continued focus on streets, storm drains, and traffic safety especially around schools and sidewalks.
Vice Mayor Sos was pleased with the staff recommendation for another $100,000 for the Small Business Recovery Grant program, although the Chamber had requested more. That meant there would have to be compromises elsewhere, including but not limited to, dipping below 50 percent in the General Fund, which was not good policy. She suggested the Town Council stay with $100,000 at this time but there was flexibility in the future to consider more funding. She encouraged everyone to buy Moraga, spend locally, and help local businesses recover.
Vice Mayor Sos was also in favor of donating $250,000 from Palos Colorados funds for the acquisition of Harvey Ranch. She noted the Town was in a different position than it had been in 2019 when the Town Council had been asked to donate funds for the Painted Rock property. The Palos Colorados funds had grown and even assuming the possibility of no further funds in the future, there was funding available now that put the potential for contribution for the Harvey Ranch property in scope. Thanks to growing revenues, sound financial management and investments since 2019, the Town had addressed many of its unmet needs. If using Palos Colorados funds, there should be agreement that making a contribution towards expanding open space in Moraga was an appropriate use of the funds and would be consistent with the General Fund policies.
Vice Mayor Sos added a $250,000 donation into the acquisition of Harvey Ranch was also consistent with the consideration and discussion of potential uses of those funds, including but not limited to, helping the unfunded pension liability, and possibly setting aside funds for contingencies and unforeseen expensive events where the use of Palos Colorados funds had been helpful in the past to meet those needs.
Mayor Woehleke was comfortable modifying the proposed budget with the final draft to be finalized by the Town Council on June 22, considering input he had provided to the Town Manager and input from the Town Council yet to be finalized. He found that staff had done a great job and he was mostly comfortable with everything. He appreciated the comments about actions that could be taken to address unfunded pensions.
Referring to the Small Business Recovery Grant program, Mayor Woehleke commented the Town was small enough to consider exceptions. He asked staff to consider a 501 (c)(3) business like a brick-and-mortar business, took seriously the input received from the public, and supported expanding the program as staff had recommended by including $100,000 in the budget; however, the Town Council had previously agreed to a future agenda item for the Chamber to return with a second request. He was open to consider options while understanding there were limits and the Town could not solve all problems.
Referring to donating Palos Colorados Funds for the JMLT acquisition of Harvey Ranch, Mayor Woehleke commented that personally and as a member of the Town Council, he supported the Town's semi-rural character and preserving open space where possible. He cited the 2019 community effort for the acquisition of the Painted Rock property and stated he and several others had walked the majority of the Town to encourage people to contribute towards that effort. He also commented that he had pushed and proposed for the development of a process for deciding the use of Palos Colorados funds to avoid situations like this as he found the Town Council lacked the information to make this decision. The Park and Recreation Commission, whose purpose was to provide advice on parks and recreation, had neither been engaged nor consulted about the request.
Mayor Woehleke explained that the Hacienda Foundation Board of Directors had been requested by a former Town Council to prepare a Strategic Plan, which he had led, and the Plan had been presented to the Council at the time but there had been no action. He stated the Town should listen to its volunteers. He thought there was a rush to make a decision on this matter because Town Council Regular Meeting 11 June 8, 2022
of the budget. While he was in favor of allocating funds in some way, he suggested that should only be considered after the Park and Recreation Commission had been engaged to consider not only this opportunity but other opportunities as well. He added there was no guarantee that Richfield Development, the builder of Palos Colorados, would move forward with the development and the Palos Colorados Fund may be smaller than anticipated.
Mayor Woehleke added he had spoken to staff about engagement with the Park and Recreation Commission and his concerns regarding safety and traffic around the Harvey Ranch property and had been informed that would take time. He was uncertain of the costs to mitigate traffic and given the lack of information and expertise on potential solutions, it was possible the Town could be giving money away. Although acquiring Harvey Ranch would be a good thing, given the lack of ranking and potential costs, it did not have to be included in the budget at this point. He believed the JMLT funding campaign for the Harvey Ranch property would extend through 2023 and currently there was no hard deadline. He asked for a realistic target date from the JMLT when the funds were needed, reiterated his concerns the need for more information from staff to help make good decisions as well as learn whether or not Richfield Development was serious or not.
Mayor Woehleke further added that stakeholder engagement should be considered, and he hoped the Town Council would consider the request for a matching grant program. He suggested a matching grant for Moraga citizens would have significant advantages.
Councilmember McCluer supported the process recommended by the Mayor and he understood the deadline for donations to JMLT was December 2022. He also liked the idea of matching grants which was an opportunity to leverage what the Town did with residents and that should be done soon. If discussing a much larger number, he would have a different opinion but given the smaller amount and the grassroots effort for the Painted Rock property and the General Plan policies along with the fact that only 25 percent of Palos Colorados funds had been spent on the recreation and open space, this was an opportunity to balance the ledger.
Vice Mayor Sos also found the points raised by the Mayor to be supportable as part of the process of looking at the remainder of the Palos Colorados funds if $250,000 was used. She noted some of the Councilmembers were ready to provide direction to staff to include $250,000 from Palos Colorados funds in the budget for the next fiscal year and she called the question.
Councilmember McCluer noted he had not been aware the request would be made for the item, nor had it been agendized. The Town Council had preliminarily provided direction and in the next two weeks the issue would be revisited prior to the Town Council's formal decision. In the meantime the public should be encouraged to provide input.
Mayor Woehleke clarified no motion was needed other than direction to be provided to staff. He acknowledged four Councilmembers supported the allocation of $250,000 of Palos Colorados funds to JMLT for the acquisition of Harvey Ranch.
Mayor Woehleke declared a recess at 9:00 p.m. The Town Council meeting reconvened at 9:06 p.m. with all Councilmembers and staff present via Zoom.
On the question of whether the Small Business Recovery Grant program should include non- profits, Councilmember Onoda stated that the business Joy in Motion, as an example, would fit the profile desired to be included in the program and staff could craft appropriate language to Mayor Woehleke, Vice Mayor Sos and Councilmembers Makker and McCluer also supported non-profits as part of the Small Business Recovery Grant program, with staff to craft the appropriate language.
Town Council Regular Meeting 12 June 8, 2022
Public Works Director/Town Engineer Shawn Knapp provided a brief presentation of the Capital Improvement Program (CIP), which highlighted changes to the CIP since last presented to the Town Council and which clarified available Measure J funds, cleanup of tables in the staff report and in the budget document, removing the Town Facilities Energy Generation project based on feedback from the Town Council, and with the project to be brought back to the Town Council after the legislative break and be shown in the projects moving forward.
Ms. Battenberg added the $13.6 million CIP budget was the largest budget in the Town's history.
She commended the Public Works Department for its efforts to make those projects a reality. She added the Unfunded Table in the previous CIP version included Unfunded Storm Drain Repairs that had a 2015 number of $26 million, and Mr. Knapp clarified that figure had been adjusted to $7.6 million.
Mr. Knapp explained that the CIP was a planning and budgeting tool and that many projects were not short-term projects and took some time to develop, particularly with grant funds such as the Moraga Way/Canyon Road/Camino Pablo Intersection project, which was a Complete Streets Project. Those projects took many years to develop to obtain funding and with a significant amount of the paving of those streets having come from grants. Staff was placing a significant effort into the grant writing process and was trying to do the same thing for Moraga Road and Canyon Road, which had not been identified as very critical areas for collisions and accidents.
While the increase in Measure K funding had helped drastically to improve street quality, it did not do it alone and other funding sources were needed, which took time and planning.
Mr. Knapp advised that all other information in the CIP had been included in the staff report dated June 8, 2022, and he welcomed any questions from the Town Council.
Responding to the Council, Mr. Knapp and Ms. Battenberg clarified:
• The Livable Moraga Road Project had received grant funding from the Contra Costa Transportation Authority (CCTA) and the project was intended to deliver previous Town Council Goals. There were concerns if the project was dropped and staff applied for other grants, the CCTA may not look kindly on the Town if the project was terminated. While the project was not the highest priority of the Town Council, staff had pushed the project along via extensions until it could be worked in relative to other priorities. The project was 90 percent complete but there were questions whether the Town must return some of the grant funds received if the project was not completed. If the Town did not adopt the plan, the Town would not receive any of the street, sidewalk, or pedestrian improvements along that significant frontage and there were numerous benefits in moving the project forward.
Staff recommended the project remain on the CIP list and get to it when they could.
PUBLIC COMMENTS OPENED (CIP)
Mayor Woehleke reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
Vice Mayor Sos thanked the Public Works Director/Town Engineer for the update on the CIP, which had been discussed by the Town Council on more than one occasion when the Town Council had been fully briefed. She found the CIP list to be consistent with the Town Council Goals and again appreciated that staff had listened to the priorities set in the Town Council Goals.
Vice Mayor Sos otherwise referenced Table B, the Unfunded and Unscheduled Potential Capital Improvement Projects, which included projects that had languished for almost 20 years, some based on a 2004 Bicycle Study. She supported cleaning up the table and eliminating some of the projects that had no hope of becoming realized and/or replacing them and identifying projects Town Council Regular Meeting 13 June 8, 2022
based on more contemporary studies like the Local Road Safety Plan and Unfunded Needs Analysis, Storm Drain and whatever analyses were considered for a plan on the use of Palos Colorados funds for open space and recreation, which may replace all the projects listed under Parks and Open Space. She asked that Table B be reduced and made more contemporary.
Mr. Knapp clarified the knowledge for some of the long-time projects would not be lost if not included in Table B, and that information could be incorporated as needed. At the next meeting Town staff could prepare recommendations on how to reformat or reorganize Table B.
Councilmember Makker agreed with respect to the comments related to Table B and agreed a clean table for review should be provided. She noted some of the open space projects identified did not appear to align with current needs.
Councilmember McCluer referenced CIP Project #21-404 Corliss Drive Safe Routes to School, which project description should read: "...on Corliss Drive from Warfield Drive to Wakefield Drive." Also, school safety was a priority, and he hoped that the two listed school safety projects would not be short of resources and if not specifically listed as a priority, should be near the top of the CIP list.
Councilmember Onoda could see the pros and cons related to the Vice Mayor's comments related to Table B. She was pleased that staff recognized the importance of institutional knowledge, and while some of the projects should be removed from the table, she did not want all the information on the projects to disappear. She urged caution when considering eliminating any of the projects from Table B.
Mayor Woehleke also echoed the positive comments about the CIP. He agreed that school safety should be a top priority. As to Table B, he suggested the projects that would never be viable should be excluded. Another category had recognized many decisions the Town had made in response to getting funding via grants and a project that may not have funding now but had value, could become eligible in the future, and those projects could go from unfunded to funded.
He urged that staff not deviate from the plan without good justification.
B. Local Roadway Safety Plan
Receive the Local Roadway Safety Pan (LRSP) Second Presentation and Provide Feedback to Staff
Public Works Director/Town Engineer Knapp introduced and detailed the background and experience of the Town's transportation consultants TJKM and the consultant team of President Nayan Amin; Transportation Planner Divya Gandhi; and Principal Ruta Jariwala, who would make the second presentation on the Local Roadway Safety Plan (LRSP).
Nayan Amin, President TJKM, provided a PowerPoint presentation on LRSP #2, which included an overview of the background of the LRSP required for local agencies to be eligible for Highway Safety Improvement Program (HSIP) funding. The overview included Town Council feedback from the first presentation of the LRSP. He explained that the Council would be asked to determine whether the Priority Emphasis Areas aligned with Council expectations or whether other emphasis areas should be considered, whether Countermeasure Toolbox solutions aligned with the Council's expectations or whether other solutions should be considered, and that the Council provide feedback to the project team on proposed safety projects.
Project status and milestones were identified; community input included 128 comments with most comments related to enhancing pedestrian, bicycle and intersection safety; and collision analysis findings based on the collision analysis data the Equivalent Property Damage Only (EPDO) Score were all highlighted. High-Injury Intersections; High-Injury Corridors and the List of Priority Emphasis Areas were also highlighted with findings identifying the need to enhance intersection Town Council Regular Meeting 14 June 8, 2022
safety; address hit object collisions; address broadside collisions and automobile right-of-way (ROW) violations; improve bicycle and pedestrian safety; address nighttime collisions; improve safety around schools; and address improper turning violations.
The Five E's of Traffic Safety were also described including education, enforcement, equity, engineering and Emergency Medical Services (EMS) and how the Town could achieve each was detailed. In addition, the Draft Signalized and Un-signalized Intersection Improvements and Draft Roadway Segment Improvements and non-engineering strategies were all highlighted.
A number of Draft Safety Projects were described for consideration including Project 1: Non- signalized Intersections (install/upgrade larger stop signs or other intersection regulatory/warning signs, flashing beacon as advance warning, and install rectangular rapid flashing beacon).
Project 2: Pedestrian Set Aside Application. Project 3: Signalized Intersections (improve signal timing, install raised pavement markers, and install leading pedestrian interval). Project 4: Non- Signalized Intersections (high friction surface treatments and intersection lighting) and Project 5:
Roadway Segments: Install/upgrade signs with fluorescent sheeting and delineators/reflectors/object markers.
Examples were provided for Project 1 (install enhanced traffic signage) at the intersection of Moraga Road at Lucas Drive; Project 2 (upgrade pedestrian crossing) at the intersection of Moraga Road at Corliss Drive; Project 3 (improve signal timing) at the intersection of Moraga Road at St. Mary's Road; Project 4 (install high friction road surfaces and increased lighting) at the intersection of Moraga Road at Lucas Drive; and Project 5 (install high visibility signage) at Canyon Road along with other examples provided in school zone crossings. The steps to implement the LRSP after approval from the Town Council were also highlighted.
The Town Council was asked to provide feedback on the high-injury intersections or roadway segments; priority emphasis areas; recommended countermeasures for the high-injury intersections or roadway segments, non-engineering strategies and safety projects.
Mr. Knapp explained that seven Priority Emphasis Areas had been identified in the Town of Moraga and five potential projects as described in the PowerPoint presentation. The consultant was contracted to develop two projects for the full grant application for the HSIP, which most of the funding was on a competitive basis. The Town had previously won a similar award for crosswalk and signage improvements and had been developing the construction plans for that project. The HSIP program was designed to implement the projects quickly and as such, the projects were not like Complete Streets and could be rolled out quickly.
Mayor Woehleke clarified with Mr. Knapp the staff goal was to work with the Town Council on expediently approving the LRSP so that the Town could apply for upcoming federally funded transportation grants. On May 23, 2022, the One Bay Area Grant Cycle 3 (OBAG 3) Call for Projects had been issued by the Contra Costa Transportation Authority (CCTA) with applications to CCTA due by June 15, 2022, for this federally funded "complete streets" transportation grant program. On May 9, 2022, a Call for Projects was issued for HSIP Cycle 11, with applications due on September 12, 2022. As part of this LRSP process, TJKM would be assisting the Town with the application.
Responding to the Council, Mr. Knapp and the TJKM Consultants clarified:
• References to Larch Lane in the PowerPoint presentation would be corrected to read Larch Avenue.
• A Traffic Calming Plan was defined as a plan that identified engineering measures to be implemented in the roadway system. As an example, a speed hump could be installed Town Council Regular Meeting 15 June 8, 2022
forcing drivers to drive more slowly on residential streets or a bulb-out, which narrowed the roadway width also slowing the speed of traffic and reducing the distance a pedestrian must cross at an intersection. Many of the concerns raised by residents could be addressed through a Traffic Calming Plan. These measures could be temporary or permanent measures.
• The LRSP had evaluated High-Injury Intersections and High-Injury Corridors and evaluated all locations which had collisions. The community was involved to get those locations that had not seen collisions, but which had similar characteristics as those that had, which allowed a systematic approach to implement some of the countermeasures where zero collisions had occurred but again had similar characteristics as those that had. • The LRSP could be a living document, but it needed to be finalized to meet the deadlines for the grant applications so as to implement some of the identified countermeasures. The dashboard for the LRSP and other media could be kept open live on the Town website for as long as the Town Council desired and that could be discussed more between Town staff and the consultants.
PUBLIC COMMENTS OPENED
Mayor Woehleke reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
Mayor Woehleke found the data shown for the High-Injury Intersections and High-Injury Corridor similar to what he had experienced on the Town's roadways, and he found the data correlated well.
Councilmember Onoda was surprised with the nighttime data given she typically had not seen other vehicles on the road when leaving late from in-person Town Council meetings.
Mr. Amin again highlighted the data for nighttime collisions as shown in the PowerPoint presentation and explained that had become a Priority Emphasis Area due to the need to reduce Driving Under the Influence (DUI) and nighttime traffic where drivers may believe they could conduct any traffic maneuver desired which may result in a collision.
Vice Mayor Sos found that the methodology was data driven for all the information provided, with rigor and analysis, and where there was no hard data there had been community input about comparables around the Town. Having no expertise in this area or having done none of the qualitative or quantitative analysis to say anything other than keep going, she found the process was rigorous and reliable and she had nothing further to add.
Mayor Woehleke agreed with the Vice Mayor and noted there was enough data where it was difficult to parse. He noted one of the key questions was which of the projects should be focused on, and he clarified with the consultants they sought feedback on the projects that had been described, with the consultants to weed out the scope to apply for two projects. Given the competitive nature of the grant applications, the consultants asked the Town Council to select at least two of the draft safety projects as priorities.
In response to the Mayor, Mr. Amin commented that three of the projects were almost within the range of the EPDO ratio, Projects 1, 3 and 4. Project 4 addressed the nighttime issue and intersection lighting. Projects 1 and 3 addressed the collisions occurring regardless of time and the countermeasures addressed the pedestrian and bicycle safety in signalized and unsignalized Town Council Regular Meeting 16 June 8, 2022
intersections. The Town Council must decide whether to enhance safety for all motorized transportation or address the nighttime collisions only.
Mr. Amin suggested in order to enhance safety in Moraga, in his opinion he would select Projects 1 and 3 for the reasons described and the Town may apply a systematic approach throughout the Town's limits. He again detailed Projects 3 and 4 and his understanding as part of the CIP program that the Town had the highest budget for road repairs, storm and sewer which could incorporate those LRSP projects. He suggested that different funding sources could always be sought for the implementation measures contained in Projects 3 and 4.
Mr. Knapp added the Town should go after the highest ratio that would give the Town the best opportunity, take advantage of set-aside funds as the consultants had recommended, which were not part of cost ratio benefits and the Town Council could easily move forward with Projects 1 and
2. The HSIP grant came up every two years and the next round could apply for the next project moving forward with a systematic safety program as funds and priorities became available.
Councilmember McCluer spoke to the countermeasures for roadway segments and the recommendation to add segment lighting. Larch Avenue had no sidewalk or lighting with parked vehicles. He asked if the recommendation was to take a road darkly lit and semi-heavily traveled and add segment lighting to that roadway.
Mr. Knapp explained there were two ways to consider the recommendation. There was the length of roadway and key places where pedestrians crossed roads to be considered for intersection lighting and pedestrians would be found more likely in segments of a road crossing (jaywalking).
The first line of attack was to make the crosswalk the safest, and then consider lighting along the segment if necessary. The Town's Lighting District program would also review segments not necessarily from the safety standpoint from a crossing and an accident, but the general safety of a neighborhood and consider that and work with PG&E to add additional lighting, which would be a capital cost to maintain electricity over time.
Councilmember McCluer found the use of yellow bollards in front of the Joaquin Moraga Intermediate School (JM) crosswalk to be effective and if in scope for the project was something he supported. He also spoke to the Moraga Road at Lucas Drive intersection, which was a dangerous intersection, and he supported a No Left Turn sign at that intersection. He asked if that would be part of the recommendation.
Mr. Knapp explained that each location would evaluate anything that could be considered based on what was available through the grant funding. As to the five projects that had been described, he responded that Project 2 was dedicated to pedestrians.
Councilmember McCluer was tempted to support Projects 1 and 2; Councilmember Onoda supported Projects 1 and 2; Councilmember Makker supported Projects 1 and 2 and the Traffic Calming Plan; Vice Mayor Sos supported Mr. Knapp's recommendation and supported anything that dealt with pedestrian safety; and Mayor Woehleke agreed with the Vice Mayor.
Mr. Knapp advised that staff would take the comments from the Town Council and make sure they were appropriately incorporated into the LRSP.
Ms. Battenberg added the LRSP would be brought back to the Town Council for formal adoption on July 13, 2022.
Mr. Knapp reiterated the public website for the LRSP would be kept open to allow input, with additional information in the About Town newsletter and on the Town website.
Town Council Regular Meeting 17 June 8, 2022
C. Recreation and Open Space Plan Process
Consider the Proposed Approach to Identify Potential Uses of Fund 100 - Palos Colorados and Provide Direction to Staff
Due to the lateness of the hour, Ms. Battenberg recommended the item be continued to the Town Council meeting of June 22, 2022.
Assistant Town Attorney Murphy clarified a formal motion to continue the item was not required since Item 10. C. was not a public hearing. Staff could place the item on the June 22 Town Council meeting agenda for consideration.
There was Town Council consensus to continue Item 10. C. to the Town Council meeting of June 22, 2022.
11. DISCUSSION ITEMS
There were no Discussion Items.
12. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
There were no Council requests for future agenda items.
13. COMMUNICATIONS
There were no communications.
14. ADJOURNMENT
ACTION: It was M/S (Makker/McCluer) to adjourn the meeting at 10:24 p.m. Roll Call Vote:
5-0.
Respectfully submitted by:
Marty C. Mcinturf, Town Clerk
Approved by the Town Council:
Heve Dochlle
Steve Woehleke, Mayor
Town Council Regular Meeting 18 June 8, 2022