TOWN OF MORAGA
REGULAR MEETING
June 22, 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 teleconference only, and was not physically open to the public. Town Councilmembers 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
Mayor Woehleke led the Pledge of Allegiance.
SPECIAL ANNOUNCEMENTS
There were no special announcements.
PROCLAMATIONS AND PRESENTATIONS
A. Proclamation Honoring the Moraga-Orinda Fire District for 25 Years of Service The Town Council read into the record the proclamation honoring the Moraga-Orinda Fire District (MOFD) for its 25 years of service; looked forward to continuing to work side by side with the MOFD, and again expressed appreciation to the MOFD for its service and education to the community.
Town Council Regular Meeting 1 June 22, 2022
MOFD Fire Chief Dave Winnacker thanked the Town Council for the proclamation and appreciated the kind words and stated the MOFD was striving to live up to those high expectations. The MOFD was committed to the community, appreciated that community members were creating defensible spaces and following fire safe best practices to be prepared for a timely evacuation when ordered, allowing firefighters to be more effective and reducing the risk of wildfire and structural loss. He also extended his deep appreciation to the Town Manager and the Chief of Police and Town staff who had been great partners with the MOFD.
Steve Danziger, speaking on behalf of the MOFD Board of Directors and the men and women of the MOFD, thanked the Town Council for the proclamation and the kind comments and commended Chief Winnacker. He reported the MOFD was becoming the model for the state and the nation, much of which was due to the work of Chief Winnacker and the new programs and new Fire Station No. 41, approved by the MOFD Board of Directors.
The Town Council again thanked the MOFD for being the model for many positives.
PUBLIC COMMENTS OPENED
Mayor Woehleke reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
5. PUBLIC COMMENTS AND SUGGESTIONS
Barry Behr, Moraga, thanked the Moraga Chamber of Commerce, particularly Gian Panetta, and described the Fourth of July activities that were planned. He identified the many businesses that had agreed to participate with raffle items and commended the small business community for stepping up after a difficult year. The Fourth of July celebrations would commence at 11:00 a.m. at the Commons Park, would be planned by the Kiwanis Club of Moraga Valley which had teamed up with the Moraga Lions Service Club to serve food during the event. Kiwanis had also partnered with Boy Scout Troop 212 to hold a raffle and tickets could be purchased at the event. He commented on the number of organizations that would be present including the MOFD, which would have a booth with volunteers from the Ambassador Group to provide information on Firewise communities and creating defensible space. He also expressed his appreciation to Town staff, particularly the Parks and Recreation Department and the Moraga Park Foundation for their assistance in bringing the event to the community. He welcomed everyone's participation in the celebrations.
ADOPTION OF CONSENT AGENDA
A. Acceptance of Consent Items
Consent Agenda items 6.4 Continued Use of Teleconferenced Meetings and 6.7 Public Artwork Acceptance were removed from the Consent Agenda.
PUBLIC COMMENTS OPENED
Mayor Woehleke reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Onoda/Sos) to adopt Consent Agenda Items 6.1, 6.2, 6.3, 6.5, and 6.6.
Roll Call Vote: 5-0.
Town Council Regular Meeting 2 June 22, 2022
6.1 Receive Accounts Payable Claims for: 06/03/22 Approved ($160,414.71)
6.2 Approve Minutes for the Regular Council Meeting on March 23, Approved 2022
6.3 Approve Minutes for the Special Council Meeting on April 6, 2022 Approved
6.4 Continued Use of Teleconferenced Meetings Removed
Consider Resolution 58-2022 Approving the Continued Use of Teleconferencing for the Meetings of the Town Council and all Committees and Commissions, Pursuant to the Provisions of Assembly Bill 361
6.5 Consolidation of Municipal Election Approved
Consider Resolution 56-2022 Calling and Giving Notice of a General Municipal Election on Tuesday, November 8, 2022, for the Election of Certain Officers; Requesting the Board of Supervisors of the County of Contra Costa to Consolidate the General Municipal Election with Statewide General Election; And Setting Specifications of the Election Order; and
Consider Resolution 57-2022 Adopting a Policy for Candidate's Statements Printed in Voters' Information Pamphlets
6.6 Campaign Contribution Limits and Regulations Approved Consider Campaign Contribution Limits and Regulations for Local Elections Pursuant to Assembly Bill 571
6.7 Public Artwork Acceptance Removed
Consider Resolution 59-2022 Accepting Three Public Art
Sculptures to be Placed on Town-owned Property and
Authorizing the Town Manager to Execute Public Artwork Loan Agreements with Buddy Brodwin and Tony Zurich
B. Consideration of Consent Items Removed for Discussion
1. Continued Use of Teleconferenced Meetings
Consider Resolution 58-2022 Approving the Continued Use of Teleconferencing for the Meetings of the Town Council and all Committees and Commissions, Pursuant to the Provisions of Assembly Bill 361 Councilmember McCluer removed the item as the Town Council had not met in-person since March 2022, and while there had been an increase in COVID-19 cases, there had not been an increase in COVID-19 hospitalizations and deaths, and according to some experts COVID-19 had moved from a pandemic to an endemic. He questioned whether there continued to be a serious health threat from increased COVID-19 cases. He reported he had contacted Contra Costa County Supervisor Candace Andersen and had been informed that the Board of Supervisors (BOS) had gone back to in-person meetings with Plexiglas between the BOS and protection measures in place for attendees. He suggested the Town Council follow the lead of the BOS and return to in-person meetings, beginning July 13, 2022, with all other Town Commissions and Committees to remain meeting virtually.
Town Manager Cynthia Battenberg described the agenda item was valid for all Town Commissions and Committees and allowed for the continued option of teleconference meetings.
Town Council Regular Meeting 3 June 22, 2022
She reported there had been members of Town staff, families of staff and of the Town Council and Commissions who recently had had COVID-19, and while hospital rates were down, staff had made the decision not to have this meeting in person. Whether to meet in-person could be re- evaluated prior to the July 13 Council meeting based on the number of active COVID-19 cases.
She noted the Town Council Chambers were different from the BOS Chambers in that the Town Council Chambers were small, seating 50 persons in a non-COVID situation, with staff moved out into the audience. Whether the Town Council met in-person or not could be decided on a meeting- by-meeting basis pursuant to the resolution.
Vice Mayor Sos suggested the Town Council was not ready to meet in-person and it was too early to predict whether they would be ready to meet in-person by July 13. County guidance recommended meeting remotely and as soon as it was safe and practicable, she was confident the Town Council would go back to in-person meetings.
Councilmember Makker agreed with the comments and agreed that the decision whether to meet in-person should be made week by week.
Mayor Woehleke also wanted to return to in-person meetings but at the same time one could be asymptomatic, affect others and not know it and to maintain optionality was important. He supported the resolution as shown.
PUBLIC COMMENTS OPENED
Mayor Woehleke reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (McCluer/Onoda) to adopt Resolution 58-2022 approving the Continued Use of Teleconferencing for the Meetings of the Town Council and all Committees and Commissions, Pursuant to the Provisions of Assembly Bill 361. Roll Call Vote: 5-0.
Public Artwork Acceptance
Consider Resolution 59-2022 Accepting Three Public Art Sculptures to be Placed on Town-owned Property and Authorizing the Town Manager to Execute Public Artwork Loan Agreements with Buddy Brodwin and Tony Zurich
Chis eit for perical. denoved the in because he enter cocoon to nor would love to see more artwork.
Vice Mayor Sos agreed and thanked the Park and Recreation Commission and the Art in Public Spaces Committee for their hard work. The Town was the beneficiary of great artwork at no cost which beautified the Town.
Councilmember Onoda also expressed her appreciation to the Parks and Recreation Director, Park and Recreation Commission, and Art in Public Spaces Committee for all their hard work.
She was pleased that West Commons Park would be opening and she looked forward to people walking in the park and seeing the artwork there.
Mayor Woehleke also thanked the members of the Art in Public Spaces Committee and those who had submitted letters of support for this item.
Town Council Regular Meeting 4 June 22, 2022
PUBLIC COMMENTS OPENED
Mayor Woehleke reported no comments had been received for this item.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Onoda/Makker) to adopt Resolution 59-2022 accepting Three Public Art Sculptures to be Placed on Town-owned Property and Authorizing the Town Manager to Execute Public Artwork Loan Agreements with Buddy Brodwin and Tony Zurich. Roll Call Vote: 5-0.
7. ADOPTION OF 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.
8. REPORTS
A. Town Manager Update - Town Manager Battenberg reported that the Fourth of July celebrations would be held at the Commons Park with a fireworks show planned. She reported that $11,500 had been raised to date for the fireworks display, and she thanked Republic Services for its donation of $2,500. Donations would continue to be accepted for the Town to be able to reach its $30,000 goal.
She also provided a status report on the Small Business Recovery Grant Program and that once funding had been approved for the program, businesses and others that had submitted applications for grants would receive checks in July.
Ms. Battenberg also reported a Special Town Council Meeting had been scheduled for Monday, July 11, 2022 to discuss the working draft of the Housing Element.
There would be an additional Planning Commission meeting and back-to-back Town Council meetings to allow everyone to move through the materials in digestible bites in order for the draft to be presented to the State Department of Housing and Community Development (HCD) for timely review.
The Town Council would have its summer recess the last meeting of July and first meeting of August and during the Council recess the Town Offices would be open to accept candidate applications for the November 2022 election starting July 18, 2022. Appointments were required to be made with the Town Clerk.
Ms. Battenberg further reported that work was ongoing on Town streets, with rubberized chip seal work to be conducted on June 23, June 29 and July 1, and with the City of Lafayette to conduct slurry seal work on the southbound direction of Moraga Road on July 28 with that portion of the road to be closed. Signage would be posted with additional information on the Town website.
Chief of Police Jon King reported on a recent grass fire at the top of Augusta Drive which had burned a little over an acre with incredible response from the MOFD, the Contra Costa County Fire Protection District (ConFire) and the East Bay Town Council Regular Meeting 5 June 22, 2022
Regional Park District (EBRPD) Fire Department. The cause of the fire had yet to be determined.
Chief King also provided the details of a recent stolen vehicle case which had involved a carjacking in the City of Oakland ten days prior, connected to other crimes, and with Moraga Police Department Officers having found the vehicle on Moraga Road heading towards the Town of Moraga. A pursuit had occurred, weapons had been thrown out of the vehicle, the vehicle was eventually stopped at the intersection of Camino Pablo and Shuey Drive, and the suspects ran into the neighborhood. Law enforcement searched and three suspects had eventually been apprehended, weapons had been recovered, and the suspects would be charged with several felony crimes. The stolen vehicle had been returned to its owner.
The Community Warning System (CWS) had been used to notify residents of the area, but a glitch had occurred, and not enough information had gone out to residents. Chief King took full responsibility and was working with the CWS to ensure that notification was issued appropriately and the maximum amount of information to residents was provided. In the future. He added that an after-training session would be conducted related to officers' pursuing a suspect through the Town.
B. Mayor's and Councilmember's Reports
Mayor Woehleke - Reported during a recent meeting he had announced a grant which had been proposed for shaded fire breaks around Rossmoor and Lafayette connecting to the East Bay Tunnel Fuel Fire Break. While that piece of the grant had been approved, another piece that would have provided a fuel break at The Bluffs had not been approved and must still be pursued. He reported the MOFD had approved its fiscal year budget which included a grant program in the amount of $500,000 to purchase fire-proof vents for residents, with the program to be rolled out after July 1, 2022. The program offered a significant opportunity for Moraga residents to harden their homes.
Mayor Woehleke added he had attended the Annual Association of Bay Area Governments (ABAG) General Assembly and briefed the Council on the discussions, and presentations introducing the Bay Area Housing Financing Authority, authorized under state law, with a focus on a $10 billion bond for the 2024 election. The proceeds of the bond would be divided amongst the different municipalities in the Bay Area to fund Low Income housing. He briefed the Council on his comments related to this topic. In addition, the League of California Cities East Bay Division would be sponsoring a Bocce Ball Tournament on June 23, 2022, an opportunity for different organizations to get together for a friendly competition, members of the Town Council may participate and those interested were asked to contact him for more information.
Mayor Woehleke added that he would be having lunch with the Mayors of Orinda and Lafayette on June 24 and welcomed any communications the Council would like shared.
Vice Mayor Sos confirmed she had been invited to join the Bocce Ball Tournament. She was pleased that summer activities were back in the Town of Moraga and thanked the Parks and Recreation Department for making those activities happen. She looked forward to the Fourth of July celebrations and appreciated the work of those community organizations that had worked to make Town Council Regular Meeting 6 June 22, 2022
the Fourth of July celebration a reality. She urged everyone to participate and contribute to the Buy a Rocket fundraiser, with more information on the Town website.
Vice Mayor Sos otherwise acknowledged that garbage collection delays were occurring in the community again; she would work hard to learn why that was happening and urged anyone with issues to contact Republic Services customer service and/or send an email requesting a credit.
Councilmember McCluer - Asked for more latitude for Councilmembers to provide their Reports given he had been cut off at the last Town Council meeting while giving his report. He otherwise reported he had attended a Contra Costa Transportation Authority (CCTA) budget meeting; ABAG Webinar; and pre- planning meeting for United Against Hate Week (UAHW).
Councilmember Onoda - Reported she had attended a Marin Clean Energy (MCE) meeting and briefed the Council on the discussions. She had also enjoyed the recent Summer Concert series.
Councilmember Makker - Reported she had attended a meeting of the Lamorinda School Bus Transportation Agency (LSBTA) and briefed the Council on the discussions and actions taken; and had participated in preliminary discussions for UAHW.
PUBLIC HEARINGS
A. Moraga Street Lighting Assessment District
Conduct Public Hearing and Consider Resolution 60-2022 Confirming the Engineer's Report for the Town of Moraga Street Lighting Assessment District 1979-1, Approving Assessments and Assessment Diagram, and Levying Assessments for Fiscal Year 2022/23
Public Works Director/Town Engineer Shawn Knapp presented the staff report and recommended the Town Council conduct the public hearing and adopt the proposed Resolution contained in the staff report.
PUBLIC HEARING OPENED
Mayor Woehleke reported no comments had been received for this item.
PUBLIC HEARING CLOSED
Mayor Woehleke was amazed this was the only cost that was not rising quickly to which Mr.
Knapp explained that there was a minor reserve that helped to buffer against any cost, which was monitored each year to ensure the Town was spending within its budget.
ACTION: It was M/S (McCluer/Onoda) to adopt Resolution 60-2022 Confirming the Engineer's Report for the Town of Moraga Street Lighting Assessment District 1979-1, Approving Assessments and Assessment Diagram, and Levying Assessments for Fiscal Year 2022/23. Roll Call Vote: 5-0.
B. Military Equipment Use Policy
Town Council Regular Meeting 7 June 22, 2022
Conduct Public Hearing and Consider Introducing by Title Only and Waiving the First Reading of an Ordinance Adopting a Military Equipment Use Policy for the Moraga Police Department
Police Chief King presented the staff report and recommended the Town Council hold the public hearing and introduce by title only and waive the first reading of an Ordinance adopting a Military Equipment Use Policy for the Moraga Police Department pursuant to Assembly Bill (AB) 481, Law Enforcement and state agencies: military equipment funding acquisition and use.
Chief King clarified the Military Equipment Use Policy would be reviewed and approved annually following a community review process and annual reporting by the Police Department, which would provide the community with an opportunity to comment. His plan was to make an annual presentation to the Town Council that would be open to the public and allow the public the opportunity to make comments and air any concerns.
Once COVID-19 numbers dropped, the Police Department would go back out into the community for Coffee with a Cop and more Town Hall meetings to allow the public to discuss any topic with the Police Department.
Chief King stated if the Police Department were to purchase any equipment that qualified as military equipment, it would first have to involve a public hearing before the Town Council for approval. As an example, bean bags deployed with a shot gun involved a smaller version that was deployed with a 40-millimeter launcher and were sometimes not as effective. If the Police Department wanted to use that larger version, the Police Department would have to come to the Town Council and obtain approval prior to any purchase.
Chief King also clarified the definition for military equipment as shown in the Ordinance and explained that the Police Department did not currently operate drones while other agencies such as the MOFD, Lafayette Police Department and Sheriff's Office did, and those law enforcement agencies had similar policies regarding their use. As long as the policies were abided by, the Moraga Police Department may request assistance and the equipment could be used. If the Moraga Police Department wanted its own drone program, it would have to be brought to the Town Council ahead of time for approval to make those purchases. He commented that drone training involved a significant cost, and agencies in the adjacent communities were willing to provide assistance when needed. If the Town reached the point where it should have its own drone program, he would consider it. Drone use training was extensive as it related to the initial and ongoing training to meet Federal Aviation Administration (FAA) requirements.
PUBLIC HEARING OPENED
Mayor Woehleke reported no comments had been received for this item.
PUBLIC HEARING CLOSED
Councilmember McCluer suggested any option when appropriate for non-lethal force was good.
He found the bean bag projectiles to be consistent with non-lethal force and anything else to supplement that was great. He welcomed the Police Chief to inform the Town Council when there were any needs.
ACTION: It was M/S (Sos/Onoda) to introduce by Title Only and Waive the First Reading of an Ordinance Adopting a Military Equipment Use Policy for the Moraga Police Department.
Roll Call Vote: 5-0.
Town Council Regular Meeting 8 June 22, 2022
Mayor Woehleke declared a recess at 7:48 p.m. The Town Council meeting reconvened at 7:58 p.m. with all Councilmembers and staff present via Zoom.
10. ORDINANCES, RESOLUTIONS AND REQUESTS FOR ACTION
A. FY 2022/23 Operating and Capital Improvement Program Consider Resolution 61-2022 Adopting the Fiscal Year 2022/23 Operating and Capital Improvement Program Budgets, Including the Five-Year Financial Plan and Five-Year Capital Improvement Program; and
Resolution 62-2022 Establishing the Annual Gann Appropriation Limit for the Fiscal Year 2022/23 Budget
Administrative Services Director Annie To provided a PowerPoint presentation on the Proposed FY 2022/23 Operating Budget which included an overview of the FY 2022/23 General Fund budget; General Fund Unassigned Reserve, Proposed General Fund Revenues and Proposed General Fund Uses. One budget revision had been made in response to Town Council direction on June 8, 2022, to add an allocation of $250,000 for Open Space Acquisition - John Muir Land Trust (JMLT) contribution for Harvey Ranch from Fund 100 - Palos Colorados.
Public Works Director/Town Engineer Knapp provided an overview of the FY 2022/23 Capital Improvement Program (CIP) with focus in the categories of buildings and facilities, creeks and drainage, parks and open space, transportation, General Government and asset management projects and needs. Tables of the CIP recommended FY 2022/23 funding was highlighted and would be only for those projects which had allocations.
The Town Council was asked to adopt the proposed Resolutions contained in Attachments B and C to the staff report
Ms. To clarified that jurisdictions were annually required to calculate the Gann Limit to ensure that the budget did not exceed the appropriation limit based on population and the annual per capita personal income change. The Town of Moraga's budget at $10.97 million was well under the Gann Appropriation Limit of $18.45 million.
Ms. Battenberg added the Gann Limit had been passed by voters in 1979 to try and manage local and state spending with the goal to ensure spending was limited per capita.
Mayor Woehleke reported the Town Council had received over 30 public comment letters for this agenda item, the majority of which requested they be read at the meeting. There had been significant discussion on the time required to do that and whether there was discretion to do otherwise. Since the Mayor had discretion, he proposed an alternative to reading all the emails and letters requested to be read. He reported the majority of the comments all communicated a very similar message, with two groups; one in favor and one smaller group opposed.
Rather than read all comments, Mayor Woehleke proposed to acknowledge each of the residents who had submitted an email or letter by name and then read a sample of representative comments that covered to the 90 percent level which had been submitted, representing both positives and negatives related to this budget item.
Councilmember Onoda asked that the number of those in support and those opposed be identified.
Mayor Woehleke planned to do that, but it was not a complete comparison since one of the letters was from an organization representing many people.
Town Council Regular Meeting 9 June 22, 2022
Ms. Battenberg advised that all public comments had been provided to the Town Council and the public prior to the meeting. The Town Council had received every comment and could consider them as part of the decision making. Comments received prior to 4:00 p.m. had been posted on the Town website. Comments received after 4:00 p.m. would be posted on the Town website the next day June 23, and all emails and letters would be included as part of the public record.
Mayor Woehleke reported letters had been received from: Dan and Allyn Carl, Marianne McKay Daran and Camille Santi, Serina Culleton, Rick and Laura Larson, Paul Cohune, Kelly Balamuth, Mary Williams, Leslie Engler, Colleen Brannon, Mary and Clair Hotten, Claire Roth, Ken Dreyfuss, Ellin Swanback, Marti Roach, Mohammed Saffouri, Andrew and Myrto Petreas, Dave and Kandy Petersen, Constance and Zoher Chiba, Ahmad Ganji, Susan Captain, Frank and Nancy Comprellli, Susa and Bill Cooper, Kate Cooper, Peter Bennett, Jan and Mary Lou Blumer, Carla Raffetto, Dan and Marilyn Smith, Leslie Morelli and SMARTMoraga.
Mayor Woehleke read into the record the following letters:
Constance and Zoher Chiba: Dear Moraga Town Council Members: We are writing to request that the Town Council approve $250,000 to assist the John Muir Land Trust acquire Harvey Ranch. Acquisition of Harvey Ranch will provide a beautiful new open space park open to the public and further connect Moraga to a spectacular and growing regional trail network. The Town's $250,000 contribution would not come from taxes, but from millions of dollars in special developer fees intended for open space and recreational uses which the Town has already received from the Palos Colorados developer. This is a fiscally sound investment for Moraga: by partnering with JMLT, the Town will help secure a major new park for its residents, without assuming any new maintenance costs or liability. Moraga's General Plan specifically says the Town should "Preserve open space to the maximum extent possible" using tools such as "Acquisition through the use of Town funds..." and "participation in a land trust." Sincerely, Constance and Zoher Chiba.
Rick and Laura Larson: First of all, thank you for your work on behalf of the residents of Moraga We know it is a difficult and often thankless job, and we greatly appreciate your time, thoughtful planning and responsible management. As supporters of the wonderful work of John Muir Land Trust, we're writing to express our support for the Town of Moraga to donate currently held developer funds in the amount of $250,000 to help purchase the Harvey Ranch Property. This is a once in a lifetime opportunity for the council to make a legacy decision that will increase access and provide a sustainable open space model for generations of Moraga residents and their families to enjoy. The JMLT organization and successful efforts to support fire mitigation, access, trails, and wildlife preservation can already be seen in the Painted Rock property here in town.
I've lived in Lamorinda for most of my years since 1976 and have seen the overwhelming increase in traffic, stress and the pressure put on wildlife by the incessant development of land, caused by greed and a hunger for more dollars. Moraga's General Plan specifically says the Town should "Preserve open space to the maximum extent possible" using tools such as "Acquisition through the use of Town funds..." and "participation in a land trust." (Moraga General Plan, OS1.1 and IP- J1) We've already made a substantial personal donation in support of this endeavor and are hopeful that you recognize the tremendous enhancement value and positive outcomes that such a donation would create for the Town of Moraga and its residents. Please make this sensible contribution to purchase the Harvey Ranch property, for the health and safety of our town and its residents. Sincerely, Rick and Laura Larson.
Dave and Kandy Petersen: My wife and I have been Moraga residents for 54-years and would ask you to please consider the $250,000 contribution toward the acquisition of the 143-acre Harvey Ranch through the John Muir Land Trust. This is a once-in-a-lifetime opportunity for the Town to preserve this unique asset of open space while we can. One of the many important benefits that Moraga offers, that sets it aside from most other cities, is our open space with trails, wildlife, native oaks, natural streams, and rolling hills that are accessible to the public. Our family, including our children and grandchildren, feel blessed to be able to live here and enjoy these Town Council Regular Meeting 10 June 22, 2022
natural surroundings. Our understanding is that the acquisition and preservation of open space is in accordance with our General Plan. We hope that the use of Town funds acquired through the Palos Colorados Developer Fees would be used for this all-important acquisition of the 143-acre Harvey Ranch. Thank you for serving on our Council and considering a YES vote for the acquisition of the Harvey Ranch Land. Sincerely, Dave and Kandy Petersen.
Ken Dreyfuss: Hello, Please read the email below into the record during the meeting later today. I have been a Moraga resident since 1992, or for the last 30 years. Part of the reason I chose to move to Moraga was the semi-rural nature to the town, with open spaces to enjoy. I support the efforts being made to keep these qualities for the town. Also, I now believe that notwithstanding the efforts to further develop Moraga, there are built-in restraints for the town, including limited access and fire risks. Taken together these risks make it imperative that the town take all available opportunities to minimize compounding these risks for the community. Furthermore, the town's general plan mandates preservation of open spaces and the current property in issue squares in all aspects with that plan. That is why in large part I support a yes vote for the JMLT's Harvey Ranch acquisition, appropriating developer's money that has already been received by the town. Further, I believe the creation of a park with beautiful open space will improve the quality of life for the town residents, further maintaining the town's semi-rural nature with trees, streams, ridge lines and wildlife. Further, by partnering with surrounding cities through JMLT, the town will get a major new park without maintenance costs or exposure to liability. Please vote yes for the town to contribute at least $250,000 for the JMLT's acquisition of Harvey Ranch. Very truly yours, Kenneth A. Dreyfuss.
Mayor Woehleke explained that those emails/letters represented the spectrum of communications in support of the $250,000 expenditure. The last letter to be read into the record was from SMARTMoraga, in opposition as follows:
SMARTMoraga, Dear Councilmembers, The consideration to provide the John Muir Land Trust, a third-party entity, $250,000 of the Town's funds is premature and is not being handled in an appropriately transparent fashion. The process doesn't reflect good governance and any decision should be deferred so appropriate community input can be received and an informed decision reached. Here's why: The JMLT is raising funds through year-end. There is no urgent need for the Town to decide whether or how much to contribute. Ample time remains for the Council to consider such a large donation. We also note the donation is being contemplated as part of a budget with a $300,000 operating deficit being plugged with ARPA funds. This doesn't seem a financially prudent decision in that context. The Town/Council has no defined process or criteria for Palos spending, particularly for transferring Town monies to an unrelated third party. Indeed, his is evidenced and acknowledged by tonight's other agenda item (9B: Process to Identity Potential Uses for Fund 100). Any consideration of giving a quarter million dollars of the Town's Palos-derived money to a third party should be done after a process for Fund 100 spending is defined and implemented. The possibility of providing such a large sum to an unrelated third party has not been sufficiently noticed or communicated to the broader community for input as to its appropriateness in general or specific target of JMLT in particular.
There has been no mention in previous budget iterations before the Council or Audit & Finance Committee and the sole mention of this potentially occurring has been but one sentence in About Town. When the Council considered providing the Chamber of Commerce funds for business recovery, a separate agenda item existed that appropriately called out for consideration the transfer of funds to a third party. This JMLT item, however, appeared unexpectedly during the Council's broader budget discussion during its last meeting. The nature and amount of this merits a "headline" consideration that is noticed, agendized and discussed as a standalone item; not buried in an almost $20 million budget. There are a number of latent concerns about JMLT's follow through that some residents have expressed. This includes the delay in providing any promised improvements to Painted Rock (the only improvement being a short, limited trail recently cleared) Town Council Regular Meeting 11 June 22, 2022
after over 2 years of ownership. Additionally, the JMLT Carr Ranch "acquisition" has not benefitted from any improvements whatsoever according to neighboring landowners and users. For these reasons, the $250,000 donation to JMLT should not be approved as part of the budget and any decision deferred until the aforementioned items have been sufficiently addressed. Thank you, SMARTMoraga.
PUBLIC COMMENTS OPENED
Mayor Woehleke reported no other public comments had been received for this item.
PUBLIC COMMENTS CLOSED
Councilmember McCluer commented that since the June 8 Town Council meeting, he had received several comments from residents about the process or lack thereof with little opportunity for the public to provide feedback on the topics of funds for Harvey Ranch. He noted the Town Council did have an agenda item on its May 11, 2022 Town Council meeting that had been specifically titled, Discuss Preliminary Items for the 2022/23 Budget, where staff had provided a list of items for the Town Council to consider and which was a good way to clarify the Town Council direction. He suggested that the process could have been improved by adding any specific item or topic a Councilmember would like to propose for discussion for the June 8 Town Council meeting. He asked whether that process could be considered in the future.
Ms. Battenberg explained that Council requests could and should be included in the budget process. She also clarified that while the Town Council may be allocating Palos Colorados funds in the budget for JMLT to acquire Harvey Ranch, the Town Council still would need to take action to contribute the funds which would be agendized for a future Town Council meeting.
Councilmember McCluer explained that he wanted to avoid a situation where a material item came up as it had during the June 8 Town Council meeting where there had been preliminary approval without any notification to the public. He was pleased the Town Manager agreed to improve the process. He added that over the last two weeks he had posted on social media, given his concern with the process and where he had provided information on the June 8 Town Council meeting and explained his reasons for his decision. He also commented in terms of the process that given the upcoming discussion for item 10. B. Process to Identify Potential Uses for Fund 100, there were legitimate reasons to wait on this request related to Harvey Ranch and discuss it as part of the next agenda item.
Councilmember McCluer would like to know what recreational features residents wanted and their priority for each item. He asked whether that information could be provided before the end of the year and was informed by Ms. Battenberg that no process had been set up so that was not feasible.
Councilmember McCluer also wanted more information on Development Impact Fees given the uncertainty and the possibility they could go over $7.5 million, which may influence what was left over in Palos Colorados funds for recreation. He asked whether that information could be provided by the end of the year and Ms. Battenberg stated that it could not.
Councilmember McCluer commented that given the information provided by staff, he would not have the information he was seeking now or by December 31, 2022. He noted there was a December 2022 due date related to the Harvey Ranch acquisition. If the request for funding for Harvey Ranch was to carry over into 2023, he would have recommended a deferral. He would like an improved process, but this was a one-off and a decision must be made. Also, there was significant evidence that the acquisition of Harvey Ranch should be supported including policies in the General Plan to acquire open space and use public funds and acquire open space through a land trust, which had recently been demonstrated through the Painted Rock grassroots efforts.
Town Council Regular Meeting 12 June 22, 2022
Councilmember McCluer found the financial issues to be valid related to providing funds for the acquisition of Harvey Ranch. While the Town was in a structural deficit as defined, driven by storm drain, asset replacement and pensions, all but the unfunded pensions could possibly be addressed through Measure K revenue and related revenues which could pay for pavement, storm drain and asset replacement over the next few years. He believed there had been prior discussions of possibly using Palos Colorados funds for unfunded pensions. For those reasons, he was willing to move forward now on using Palos Colorados funds to contribute to the acquisition of Harvey Ranch rather than wait since there would not be more information forthcoming before the due date.
Vice Mayor Sos thanked the public for the significant input, with all comments read and received.
In terms of the Harvey Ranch donation issue, she noted the Town Council had discussed the issue since 2019 and she thanked the Town Manager and the Administrative Services Director for bringing the budget to the Town Council repeatedly, incrementally, and transparently so that the Town Council was able to make a decision at this time.
Vice Mayor Sos found the budget to be consistent with and effectuated the goals the Town Council had set in January 2022. The budget prioritized critical infrastructure, asset replacement and public service needs and allowed for the completion of a massive Advanced Planning Initiative, which would shape the Town and reflect the fact the Town was planning for the future through being proactive, not reactive. As the budget message stated, the Town was advancing plans to address unfunded needs and should stay the course. She supported the budget including the donation of $250,000 for the Harvey Ranch acquisition.
Councilmember Makker was ready to move forward with the budget, appreciated the clear direction from staff and the number of opportunities to review the budget and direction given including what was missing and what materially needed to be adjusted to ensure alignment with Town Council goals. She stated the Town Council met that task in a thorough manner with multiple opportunities for questions and discussions. She appreciated all the public input and looked forward to the future planning of Palos Colorados funds.
Councilmember Onoda appreciated the fact that Town staff worked together to prepare the budget and she thanked staff for all its work. As to the Harvey Ranch donation, she had made her opinion clear. She appreciated all the public comments provided and comments around Town that this was something the community could agree on as it had for the Painted Rock property.
She acknowledged that everyone had an opinion and there was some opposition to the Harvey Ranch donation. She commended the budget, Moraga's contribution to JMLT and emphasized the budget reflected the Town Council goals.
Councilmember McCluer also expressed his appreciation to the Town Manager, Administrative Services Director and Department heads in the preparation of the budget which he agreed reflected the goals of the Town Council and the Town, although he disagreed the Council had discussed making a financial contribution for Harvey Ranch in 2019.
Councilmember McCluer expressed concern with the significant increases in ongoing costs and use of one-time American Rescue Plan Act (ARPA) funds to fund some items. He stated there were leading indicators of a chance of a recession and if the recession was close to what had occurred in 2008 when flat revenues occurred, he suggested staff look at that and determine whether there were any issues.
Councilmember McCluer also clarified the discussion of Harvey Ranch was not a "donation" but a "contribution" to JMLT to acquire the property for recreational benefits and open space preservation for Town residents. He asked that all references to Harvey Ranch change the term Town Council Regular Meeting 13 June 22, 2022
funds to be placed in an unrestricted account but had been informed by Ms. Battenberg the Town Council would have to take action for the funds to be contributed, and whatever action was taken, the timing of the fundraising JMLT would do to meet its goals would be taken into consideration.
Ms. Battenberg stated she would work with the Executive Director of JMLT to come back with a plan. She had no issue changing the term "donation" to "contribution" with the actual title, Open Space - Acquisition, with an explanation as to what that was.
Councilmember McCluer suggested the title be amended to read: John Muir Land Trust Contribution - Harvey Ranch.
Councilmember Onoda agreed but suggested the Town Manager work with the Executive Director of the JMLT on the specifics of the process.
There was Town Council consensus to amend the title, as discussed to John Muir Land Trust Contribution - Harvey Ranch.
Mayor Woehleke commented that when he had reviewed the overall budget, he considered how far the Town had come over the past few years. The Town continued to operate with a small surplus, staying ahead of the California Public Employees' Retirement System (CalPERS) Unfunded Pension costs, while the future was unknown. Significant priorities and accomplishments had been made, with progress on storm drains and the Hacienda de las Flores heading in the right direction, all positives for the future. He would be happy to support the budget as proposed, with the exception of the $250,000 contribution to Harvey Ranch.
Mayor Woehleke stated while he supported a potential contribution to JMLT including up to $250,000, it was provided the contribution had been vetted in a rational and transparent process, but the Town Council had yet to discuss the process for potential uses of Palos Colorados funds.
He read into the record segments from conditions from the 2007 Palos Colorados Legal Settlement Agreement, which stated in the document and a subsequent 2016 legal document that the Town of Moraga was functionally responsible for any impact fees. He commented that the contribution for Harvey Ranch would be a discretionary expenditure. As an example, Moraga Road traffic would be impacted by the future development of Palos Colorados which was adjacent to wetlands. If the road must be widened, agencies such as the California Department of Fish and Wildlife would become involved.
Mayor Woehleke preferred that a preliminary plan be in place if the road had to be widened to provide a turning lane, as an example, which would take time and which would be a challenge.
He emphasized the contribution for Harvey Ranch was not schedule driven, there was time to get a better understanding of what was involved, the contribution did not have to be included in the annual budget and the Town Council had the authority to make this expenditure at any time. Even if included in the budget, the Town Council still needed to take future action. He also questioned whether there had been adequate stakeholder input. He cited the 29 letters received on this topic, which were mostly in favor except for three letters.
Mayor Woehleke spoke to his past efforts to solicit input for the grassroots campaign to acquire the Painted Rock property, which the Town Council had ultimately decided not to support. He suggested the Park and Recreation Commission should have been part of the vetting process for the Harvey Ranch proposal, and he reiterated the contribution to JMLT would have to come back to the Town Council anyway, and while it was likely the Town Council would move forward with that request, he still wanted to see reasonable and valuable vetting as part of the process. He would be happy to work with staff to scope out what needed to be done between now and when that action needed to be taken but stated he would vote no on the budget since the Town Council lacked adequate information on this late budget addition to review and approve a discretionary $250,000 contribution to JMLT from the Palos Colorados funds, and the deficiencies included Town Council Regular Meeting 14 June 22, 2022
inadequately defined and required uses of the Palos Colorados one-time developer fees and lack of input from the Park and Recreation Commission.
Councilmember McCluer agreed with the Mayor's comments but was informed by the Town Manager that between now and the end of the year there would be no pertinent new information related to Development Impact Fees.
Vice Mayor Sos found that many of the Mayor's points would be part of the discussion for agenda Item 10. B. Process to Identify Potential Uses for Fund 100. As to the Development Impact Fees, the Town Council could not discuss that until there was information as to whether anything would be developed for Palos Colorados, which remained an open question. When additional money became relevant, that would be when mitigation and setting aside funds for impacts could be considered. She asked that those concerns be part of the next agenda item. (Please note: There were technical difficulties at 9:07 p.m. when the Internet connection was lost but it did not affect the Zoom meeting for more than several seconds).
Councilmember Onoda offered a motion, seconded by Vice Mayor Sos to adopt the proposed Resolutions approving the Operating and Capital Improvement Budgets, Five-Year Financial Plan, Five-Year Capital Improvement Program and Establishing the Gann Appropriation Limit.
On the motion, Councilmember McCluer understood the vote would likely be 4-1, and while the Town Council had discussed the issue of Harvey Ranch at length, he asked the Mayor to reconsider his no vote on the budget to provide a unanimous vote.
ACTION: It was M/S (Onoda/Sos) to adopt Resolution 61-2022 Adopting the Fiscal Year 2022/23 Operating and Capital Improvement Program Budgets, Including the Five-Year Financial Plan and Five-Year Capital Improvement Program; and Resolution 62-2022 Establishing the Annual Gann Appropriation Limit for the Fiscal Year 2022/23 Budget. Roll Call Vote: 4-1. Noes: Woehleke.
B. Process to Identify Potential Uses for Fund 100
Consider the Proposed Approach to Identify Potential Uses of Fund 100 - Palos Colorados and Provide Direction to Staff
Ms. Battenberg provided a PowerPoint presentation on Fund 100 - Palos Colorados, Discussion of Proposed Approach to identify Potential Uses, which included the background of the 123-unit Palos Colorados development approval process, establishment of Fund 100 - One-Time Developer Fees - Palos Colorados to earmark development fees paid by the developer in-lieu of all development impact and permit fees, which must satisfy all potential impacts of the development including public safety, traffic, storm drain, parks, and other community infrastructure, and noted that the funds were unrestricted Ms. Battenberg reported to date the Town had spent a total of $8.25 million in development fees, and approximately $4.5 million, excluding loans due to be repaid; future fees due totaled $10.25 million. Once the remaining development fees had been received and the loans had been repaid, the funds available in Fund 100 - Palos Colorado had been projected at $14.5 million, less the $250,000 Open Space acquisition contribution, or $13.9 million.
Potential uses of Fund 100 - Palos Colorados for future discussions included emergency reserves, development impact, recreation and open space and other/unfunded pension liability.
A phased approach was recommended given the significant resources necessary to analyze and develop refined recommendations for each of the potential uses. Phase 1 in the fall of 2022 could Town Council Regular Meeting 15 June 22, 2022
include policy discussions, initial recreation and open space planning, and Phase 2 to be initiated when grading permits had been issued and when a Development Impact Analysis and Recreation and Open Space Plan could be considered.
Ms. Battenberg recommended the Town Council provide direction to staff on the methodology the Council would like to take to identify potential uses of Fund 100 - Palos Colorados.
Responding to the Council, Ms. Battenberg clarified staff could come back with a plan for Phase 1 of the Recreation and Open Space Plan, similar to the process used for the Advanced Planning Initiative. She also clarified the Palos Colorados developer would be required to construct their own storm drains and streets. Staff had not gone through the 250 plus conditions of approval for the project to determine some of the other developer responsibilities. The Environmental Impact Report (EIR) for the project specifically included mitigation measures and requirements based on the traffic flows assumed at the time.
Ms. Battenberg reiterated that Fund 100 - Palos Colorados were unrestricted funds.
Councilmember McCluer read into the record excerpts from a letter that had been included in a Town Council staff report dated January 9, 2019 from the President of Richfield Real Estate Corporation (Richfield) dated March 6, 2006 to the then Moraga Town Manager, which reflected that while Palos Colorados funds were unrestricted there was an intent from the negotiations that the funds were intended to replace lost recreation and be used for recreational use and Development Impact Fees.
Ms. Battenberg commented the golf course fees would qualify as the recreational fees, although some of the language she had read from that letter had to do more with Richfield ensuring that whatever it paid would be it, which was why they called it a General Plan Fee. The Town had received a legal interpretation, included in the 2019 staff report, and there was no restrictions on the fees. She advised that the project had started in 1986, and staff was uncertain when the project would come to fruition.
Ms. Battenberg clarified that the developer had paid off the rest of the golf course fund since the amount due was accruing interest, and the developer now owed the Town $1.5 million in interest from money being owed over an extended period. She understood a conservation easement was the one remaining item delaying the project and that had been an issue for at least three years.
The home designs had been approved decades ago and may not be in the size and style now desired, and around 20 percent of the homes would require design review since they were located in Moraga Open Space Ordinance (MOSO) and there were other steps that needed to occur. The developer had not been in contact with staff on next steps or inquired how to move forward with the development.
Assistant Town Attorney Karen Murphy reported she had heard when payment was being made on the golf course fund that there were issues with the Department of Fish and Wildlife with respect to the conservation easement.
Ms. Battenberg explained that staff had separated the open space project into two phases since the second phase would be a reality check. She used a baseball field as an example, which would require more evaluation on a potential feasible location for a baseball field and the community needed to understand what was being prioritized with good understanding on what constituents would be paying for.
PUBLIC COMMENTS OPENED
Lynda Deschambault, Moraga, thanked the Town Council for the balanced budget, and supported the General Plan and partnership with JMLT which would have no liability or maintenance for the Town Council Regular Meeting 16 June 22, 2022
Harvey Ranch property. She reported she had served as the Mayor and Vice Mayor when Palos Colorados had been approved, and there was a lot of background information that was important and critical. While there was legal language and intent and she appreciated the letter referenced by Councilmember McCluer, she noted that Measure K was the same. There was the intent that Measure K funds be used for roads and infrastructure and not for unfunded liability but may be a better nexus and use of those funds.
Ms. Deschambault suggested that if looking at unrestricted funds the Town Council should look at both Palos Colorados and Measure K unrestricted funds and the use of those funds. She added there had been a Fund 100 prior to her service as Mayor and some of the Founders who put that in place could be contacted. She noted the fund had disappeared when the Town purchased 329 Rheem Boulevard and the Town had later re-established Fund 100. It was clear the Town wanted to comply with the General Plan and have a Fund 100 for good reason.
Ms. Deschambault believed that a deep discussion on the history and intention of both unrestricted funds should be considered to figure out what could be done to meet the goals of the General Plan. She was interested in the goals discussed in the Open Space Element and in the IP Element that preserved open space to the maximum extent possible using tools such as acquisition using Town funds and participation in a land trust. The Town Council had done that and the rest of the Palos Colorados funds going to things like that would be far more thoughtful and including Measure K unrestricted funds for a bigger broader plan to meet the General Plan goals should be considered. She further commented that Palos Colorados funds were not the only "piggy-bank" the Town had.
PUBLIC COMMENTS CLOSED
In response to the Mayor, Ms. Battenberg reiterated the EIR for Palos Colorados did include analyses of potential impacts to the Town and all that documentation was available.
Councilmember Onoda commented that she had been a member of the Planning Commission when Ms. Deschambault had served as the Mayor, and she was very familiar with the Palos Colorados development. She did not have all the information needed and was not ready to discuss what should be done. She agreed that Measure K funds should also be discussed, and that more information should be provided.
Vice Mayor Sos agreed with Councilmember Onoda that more information was needed but no decision was being made at this time. She read into the record, a passage from a letter from Preserve Lamorinda Open Space (PLOS) the Town Council had received in January 2019, an advocate for open space in Moraga. PLOS had been instrumental in the Palos Colorados Settlement Agreement. She appreciated the recognition by PLOS that pretty much anything was in the scope provided it was urgent and important.
Vice Mayor Sos wanted the Town Council to consider as a policy matter on the use of Palos Colorados funds whether to take this opportunity to set aside some funds for unfunded pension liability as that had been discussed since 2019 when the Town Council had identified what the future may look like with a spike anticipated in 2026, and the Town Council had the opportunity to consider whether that was a good use of the funds. She wanted more information on that possibility. She also wanted to consider another way to describe an emergency fund and suggested it had been helpful to the Town over the years to have some money set aside at the ready in the event of an unforeseen catastrophe.
Vice Mayor Sos suggested the process consider a look based on metrics on how the money had been used in the past as to whether the Council would like to consider a set-aside. She clarified the number she was working with was $2.8 million, and whatever was left over, if anything after those two issues had been considered, she recommended engaging the Park and Recreation Town Council Regular Meeting 17 June 22, 2022
Commission and the public to solicit feedback to start the process of identifying recreation and open space needs for the Town as a whole.
Councilmember McCluer commented that when the Town Council had discussed this issue on January 9, 2019, staff had recommended emergency use as one of the uses for the Palos Colorados fund, which had been rejected by the then Town Council by a 5-0 vote, with the recommendation to be considered with an agreement for loans on a case-by-case basis. He added that the Town Council already had the conversation on the use of Measure K unrestricted funds with a verbal promise that the funds be used for roads and infrastructure.
Councilmember McCluer suggested the identification of recreation uses as defined by residents did not have to be over-engineered and suggested what recreational uses residents wanted should be identified including the priority of those uses. Once that information was available, feasibility would be required. He disagreed with the Town Manager and did not want to pose the question to residents whether one recreation use was preferred over another but wanted residents to state whether they wanted a sports field, multigenerational facility, and other uses as examples, and then prioritize those uses after which staff could identify potential locations and feasibility. He would not wait until grading permits were issued for Palos Colorados, rather when time was available, he wanted Town staff to do more work on the Development Impact Fees and bring it down to the mid-range to know the cost of what needed to be done for the Palos Colorados development, which would offer information to the Town Council as to how much money should be set aside.
Councilmember Makker appreciated the background and context provided by staff, Councilmembers, and the public to understand what was in the range of possibility for open space recreation. Context had been clear in many discussions and there were salient areas with a history of not having enough resources allocated to address unfunded pension liability as an example. In understanding the range of possibilities, she recommended going to the public to identify what was possible and what the Town could look like from an open space and recreation perspective, which could be achieved through outreach and high level planning, and which could be done in-house with input from the Park and Recreation Commission.
Councilmember Makker recommended evaluating fiscal sustainability, looking at emergency funds, unfunded pensions, and then also considering investing in public outreach and early scoping for what was potential open space need and opportunity.
Councilmember Onoda commented that when she had served on the Town Council in the past the Town had borrowed Palos Colorados funds for the Rheem Boulevard Sinkhole and the Canyon Road Bridge Repair since funds for both were needed immediately. In terms of emergency reserves, she would only support the use of Palos Colorados funds if they were paid back.
Mayor Woehleke advised there was a Parks and Recreation Master Plan that was available on the Town website circa 2007, which he suggested was a starting point. There was also a 2016 Grading Agreement, a legal document which referenced the developer was responsible for a traffic signal, if required, and also a bus stop but he was uncertain how that would be executed.
Mayor Woehleke explained that he had initiated developing this process and making a Town Council Goal for this year to make a good decision on Harvey Ranch, which in his opinion the Town Council had not done and to some degree this agenda item had lost some of its importance.
He emphasized the Town Council had to find out whether Richfield was serious or not. There was little information available about the developer online and there had been no progress on Palos Colorados for years. Because of that, the Town was unaware how much money it had, and the developer had made no progress on the site to start selling homes.
Town Council Regular Meeting 18 June 22, 2022
Mayor Woehleke also found the term "unrestricted funds" to be a misnomer since per some of the legal agreements, the Town was responsible for some of the costs that would be otherwise charged to the developer and the Town would have to pay for modifications to storm drains, traffic, and police services and the Town needed an estimate for that so that the funds could be set aside. In his opinion, the Town needed to know its mandatory and discretionary expenditures to set up some type of framework, which was more of a process. The Town could not spend on park and recreation uses until the money became available which would likely be on a progressive basis. He was uncertain of the next steps other than looking through the files to see whether that information could be used for the future. If not, the Town would have to spend time and money to start the process.
Councilmember McCluer stated he was familiar with an organization working with Richfield and understood they were moving forward pending regulatory approvals. He also understood the development had been ready to proceed since 2010 or 2011, and he too was mystified with the lack of progress. He suggested a three-tiered approach: a policy discussion with decisions on the pensions, recreation process to determine what residents wanted including feasibility and then the Development Impact Fees.
Vice Mayor Sos suggested pension liability and whether to ensure that some of the Palos Colorados funds were left alone should be part of the policy discussion up front and engaging the Park and Recreation Commission and the public was correct, but there was a question of the Development Impact Fees. She understood it was a timing question since the quality of information the Town had today may not be the same quality of information at the time grading permits were issued or if the project were to be redesigned. She appreciated that getting a sense of order of magnitude for planning purposes for this first stage of the process may be helpful and if that made sense from the quality of information and helping the Council to make good decisions, that may be worth considering. She found there was a potential path forward where direction could be provided to staff.
Councilmember Onoda noted that Richfield had a Vesting Tentative Map (VTP) and while old, she understood the developer was responsible for infrastructure where the homes would be located while the Town was responsible for the connections. She suggested they may be thinking about this much deeper than necessary since more money was expected. She agreed that pensions needed to be discussed, she agreed the Park and Recreation Commission should have a say in this policy discussion, and she agreed with the need to set aside funds for emergencies.
Mayor Woehleke commented he had heard a lot of opinions and conclusions but not substance to back it up and he was concerned the mitigation the Town was responsible for would take five or more years to get approvals, particularly if expanding into the wetland areas, and they could not wait until grading permits were issued to start the planning. He requested that staff meet with Richfield to determine whether they were truly a developer or a marketer.
Vice Mayor Sos suggested there was little substance since the Town Council was discussing a process and not the merits. She suggested there was a sensible path forward and while some of the issues raised by the Mayor would be considered, it was a timing issue and now was not the time.
Ms. Battenberg was clear the Town Council wanted a policy discussion with more information on pensions and potentially reserves. She was clear the Town Council wanted to start with the Recreation and Open Space Plan but was not clear about the Development Impact Fees. She commented the Engineering Department would lead that effort but with no one to do that work Department would a that on, they would have to reprioritize some of the other work being done and spend the time becoming very familiar with the approvals and getting into the details to determine what might be needed to be done.
Town Council Regular Meeting 19 June 22, 2022
Vice Mayor Sos explained that if the Town had to do a larger order magnitude of assessment, that would mean it would have to choose between doing that and finishing other projects, such as Canyon Road Bridge and storm drains for example, then it would be up to the Town Council to decide whether to pursue it before there was other information. If that information was not available at all within a reasonable period, and if the Town Council concluded it needed that information before proceeding with a plan, then the Town would not proceed with the plan.
Mayor Woehleke again suggested that the files be reviewed for information and clarity. He noted that experts might have to become involved, and in the private world when schedule driven, with a 100 percent contingency and if cost effective, it would have to be pursued without going back to get more information.
Ms. Battenberg clarified the Town would have to prepare a Request for Proposal (RFP), which detailed what consultants needed to do, then bid out the work, which was a process that Town staff did not have the capacity to do at this time. She again requested clarification on the direction from the Town Council.
Councilmember McCluer recognized the Town Council would have staff working on this issue who also needed to complete the goals for this year and possibly the timing was January of next year, and this effort could be established as a Town Council goal for 2023. He suggested brainstorming with staff on the best way to reach middle ground. He did not want to bring in consultants at this point but would like a policy statement on the use of the funds, whether funds were unrestricted or not, with the Town Council to choose whether the policy for the funds was for recreation with a possible exception, and a policy for emergency use of the funds, and whether it was an emergency use or loan as a first step.
Ms. Battenberg explained that staff was not wrapping projects up in December. She cited the Worst Streets First Program and storm drain repairs, which were three-year programs.
Additionally, the Town had two major Safe Routes to School projects that need to be designed, constructed, and then grant funded, which were two-year projects along with other ongoing projects. She noted there was no capacity for additional volume and the Town Council would have to re-prioritize what they wanted to do if staff was to look at Development Impact Fees.
Ms. Murphy advised it was getting close to 10:30 p.m. and a motion to extend the Town Council meeting would be required.
ACTION: It was M/S (McCluer/Onoda) to extend the Meeting to 10:45 p.m. Roll Call Vote: 5-
0. Mayor Woehleke re-opened public comment.
Mayor Woehleke reported no other comments had been received for this item.
PUBLIC COMMENTS CLOSED
Councilmember McCluer suggested there were resources to have an agenda item on policy, how to use the funds in an emergency and pensions together and they had the resources from the Park and Recreation Commission and some clarity on a process to move forward.
Ms. Battenberg understood the first step was pensions and reserves and questioned if the Council was recommending a policy statement.
Councilmember McCluer suggested the first step was the policy and use of the Palos Colorados funds, unrestricted, recreation and including a decision on emergency use or loans, as an Town Council Regular Meeting 20 June 22, 2022
example, and in that same agenda item whether the Town Council was going to do anything with respect to pensions.
Vice Mayor Sos suggested that was generally accurate, but she was not advocating for a policy on all future uses of the Palos Colorados funds. She suggested a discussion of the intent was useful by way of background, the Town Council may choose to adopt a policy, but she was not saying that was what would be the outcome of the discussion but definitely pensions and reserves.
Councilmember McCluer again sought a conversation about a policy statement and a discussion of how much money the Town had today and how to utilize it.
Councilmember Onoda wanted recreation to be included as well. She understood the Town Council would be discussing a policy about an emergency reserve, and then policies about pensions and then recreation.
Vice Mayor Sos clarified those were the topics to be discussed, except for Development Impact Fees since that information was not available at this time.
Councilmember McCluer commented that even if not policy, he would like to see a discussion around the alignment of the intention of the use of Palos Colorados funds.
Mayor Woehleke suggested he could meet with the Town Manager and possibly clarify the consensus of the Town Council, although Ms. Battenberg stated she was clear.
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 (McCluer/Onoda) to adjourn the meeting at 10:30 p.m. Roll Call Vote:
Respectfully submitted by:
Marty C.Mclnturf, Town Clerk
Approved by the Town Council:
teve
Steve Woehleke, Mayor
Town Council Regular Meeting 21 June 22, 2022