TOWN OF MORAGA
REGULAR MEETING
September 14, 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
Councilmember McCluer led the Pledge of Allegiance.
3. SPECIAL ANNOUNCEMENTS
There were no special announcements.
4. PROCLAMATIONS AND PRESENTATIONS
A. Update on Contra Costa Transportation Authority's (CCTA) Programs, Projects, and Vision for the Future by Timothy Haile, Executive Director, CCTA Timothy Haile, Executive Director, Contra Costa Transportation Authority (CCTA), provided a PowerPoint presentation entitled Connecting Communities, which included an overview of the CCTA, a small agency comprised of the 19 cities in Contra Costa County and the County itself Town Council Regular Meeting 1 September 14, 2022
that managed the half cent Measure J sales tax which would expire in 2034 and generated about $2.7 billion, part of which would go to programs and part to projects. for accessible transportation for seniors, veterans and the disabled. CCTA also delivered a number of projects including the fourth bore of the Caldecott Tunnel, (completed under budget and on time); all improvements along I-680 and Highway 24 and some local projects including the Canyon Road Bridge Project funded by Measure J. CCTA also leveraged local dollars against State, regional and federal funding for a total investment of $5.6 billion over the past 10 to 15 years, by bonding against future revenue to build projects cheaper and more efficiently.
Mr. Haile commented on CCTA's unsuccessful effort to pass a measure in 2020; the message from the public as a result of that effort was that transportation was broken. Due to the pandemic, climate change and shifts in transportation and transit, a Travel Behavior Study had been conducted for Highway 24 and I-680 to understand what people needed in terms of transportation options. He highlighted the survey results which allowed the ability to plan projects for the future.
Mr. Haile highlighted a number of CCTA projects and programs that included Vision Zero (a systematic approach to Countywide Safety through a Connected Signal System); Transit First (an effort to build a better transportation system); Clean Corridors (related to the State mandate where all passenger vehicles would be 100 percent electric by the year 2035, with transit by the year 2050); Mobility for All (an Accessible Transportation Strategic Plan); Building a Transportation Plan from the Ground Up (a plan that was updated every four to five years that documented the CCTA's goals, vision and strategies); and an Action Plan developed by the Regional Transportation Planning Committees (RTPCs) and which included 10- and 20-year financially constrained project lists.
CCTA managed and founded a 5,000 acre secured autonomous vehicle test bed at the former Concord Naval Weapons Station located in the City of Concord for testing and learning new technologies to be applied to roadways. CCTA was also working on innovative technologies including Glydways, a new mobility option being explored at GoMentum Station and Innovate I- 680, which included six projects and one fully connected corridor.
Responding to the Council, Mr. Haile confirmed that there had been impacts to transit due to the pandemic. BART was at 30 percent of pre-pandemic levels, local transit service was around 60 percent of pre-pandemic levels, and it was unknown whether those numbers would increase.
There had also been a major decline in regional transportation trips due to the pandemic.
Congestion on highways was at pre-pandemic levels already since people were driving rather than taking transit and CCTA was attempting to learn of the changes in the travel behavior. While he was confident transit would recover, it needed to be more efficient, reliable and complete, which would be answered as part of an Integrated Transit Plan.
Since people were also working from home, local trips had increased with more congestion than during pre-pandemic levels. CCTA needed to take a larger role in local transportation than it had in the past and work with local jurisdictions on various strategies to minimize the local trips.
Mr. Haile added that he had learned that hundreds of SalesForce employees lived along the I- 680 Corridor and suggested the real transportation impacts to the City of San Francisco was not yet known and it would be some time before the larger technology companies were able to get out from under existing long-term real estate leases. He hoped in the future those technology companies would be able to take the large office buildings in San Francisco and split them into smaller satellite offices in the Bay Area. He was confident that would be seen in the Contra Costa Town Council Regular Meeting 2 September 14, 2022
County market soon. He added that it was important they had good data and a performance- based planning system to plan for the future.
Mr. Haile stated the CCTA was known for innovation and he had recently met with a company from the Netherlands that had developed a digital twin of all its roadways to learn in real time what was happening to their roadway system.
Mr. Haile also clarified the Safe Streets and Roads for All Grant where CCTA had strategically put together a countywide application since equity was a major component to leverage the County as a whole and not rely on individual applications. The Moraga and Canyon Roads Complete Streets Project was part of that application with the actual grant request at about $3 million with a local match. CCTA was encouraged to bundle as part of the project to leverage and build projects on behalf of the Town.
Mr. Haile further commented in terms of the Regional Housing Needs Allocation (RHNA) for each jurisdiction, CCTA could consider how to look for ways to incentivize affordable housing and multifamily housing. The main challenge with all new housing legislation was that it was more difficult to have off-site mitigation for the newer housing developments and they had to find creative ways to offset those costs through housing incentive programs and consider more regional programs to offset the infrastructure costs, and also create smarter parking requirements, providing transit, micro-mobility and incorporate transportation demand management measures and incentivize people to use those transit modes. He stated that CCTA should provide that support and resources to local agencies to address some of these challenges.
Mr. Haile lastly reported the CCTA Board would be holding a retreat on September 15 and 16, 2022 to discuss CCTA's role in the future. He added that CCTA had worked closely with the Town of Moraga staff. He recognized the transit challenges in the future and explained that having political support for some of the projects described would help the CCTA to make tough decisions, and CCTA would help to educate and support the Town Council as well.
Public Works Director/Town Engineer Shawn Knapp expressed his appreciation to Mr. Haile, confirmed that Town staff had worked closely with the CCTA, and a member of the Town Council served on the CCTA Board. The Town of Moraga was very involved with the ongoing conversations, which was important as they moved forward and partnered with the CCTA.
Town Manager Cynthia Battenberg reiterated that CCTA would be conducting a Board Retreat on September 15 and 16 with all agencies and stakeholders to discuss regional goals and priorities. She commended the CCTA for hosting that discussion and all jurisdictions would be sending representatives with the Public Works Director attending on the Town's behalf.
The Town Council thanked Mr. Haile for the presentation and the great partnership between the residents, including emergency evacuation routes.
PUBLIC COMMENTS OPENED
Mayor Woehleke reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
5. PUBLIC COMMENTS AND SUGGESTIONS
Town Council Regular Meeting 3 September 14, 2022
Barry Behr, Moraga, thanked the Town Manager for responding to an email regarding a retaining wall on Rheem Boulevard and Moraga Road, which had been in disarray for over a year due to a vehicle accident. He had sent a similar message to the John Muir Land Trust (JMLT) with no response. He believed the acquisition of the Painted Rock and Harvey Ranch properties were critical to the community and open spaces, and while he supported both initiatives, he was disappointed JMLT had not responded to his questions. He looked forward to the retaining wall being cleaned up and/or repaired.
Ms. Battenberg reported she had spoken with the JMLT and clarified that the Town of Moraga was not the owner of the land.
Mike McCluer, Moraga, speaking as a private citizen and a Moraga Rotary Member representing the nine community member steering committee, spoke about the Community Service Day Project scheduled for October 1 and 2, 2022. He announced the moragaserviceday.org website was now available and was being communicated through the Lamorinda Weekly, Moraga Citizens Network (MCN), Town website, Chamber of Commerce, and all school and community groups.
The website included a volunteer sign-up link and information on the activities planned for the event. He reported that 69 volunteers had signed up to date and he looked forward to the community's participation.
6. ADOPTION OF CONSENT AGENDA
A. Acceptance of Consent Items
No Consent Items 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 (McCluer/Onoda) to adopt Consent Agenda Items 6.1, 6.2, 6.3, 6.4, 6.5,
6.6, and 6.7. Roll Call Vote: 5-0.
6.1 Receive Accounts Payable Claim for 08/26/22 ($245,638.50) Approved
6.2 Approve Minutes for the Regular Council Meeting on June 8, Approved 2022
6.3 Town Council "Time Capsule" Letter Approved
Consider Approving by Motion the Draft Town Council Letter for the Contra Costa County "Time Capsule" Project
6.4 Military Equipment Use Policy Approved
Consider Waiving the Second Reading and Adopting Ordinance 299 Adopting a Military Equipment Use Policy for the Moraga
6.5 2022 Pavement Rehabilitation Project Approved
Consider Resolution 76-2022 Awarding a Consultant Services Agreement for Construction Management, Inspection and
Material Testing Services to Substrate, Inc. (Novato) in the Amount of $350,000 for the 2022 Pavement Rehabilitation Town Council Regular Meeting 4 September 14, 2022
Project (CIP 22-401) and Authorizing a 15% Contingency
,5)f Ta Project Amount Not to Exceed $402,500;
and Authorizing the Town Manager to Execute the Agreement (CEQA Status: Categorically Exempt)
6.6 Support Letter for CCTA Federal Safe Streets and Roads Grant Approved Consider Authorizing a Letter of Support to the Contra Costa Transportation Authority for Submission of a Safe Streets and Roads for All Grant Application for their Bicycle and Pedestrian Safety Improvements to Improve Equity Countywide (CEQA
Status: Exempt
6.7 Continued Use of Teleconferenced Meetings Approved
Consider Resolution 77-2022 Approving the Continued Use of Teleconferencing for the Meetings of Town Council and all Committees and Commissions Pursuant to the Provisions of Assembly Bill 361
B. Consideration of Consent Items Removed for Discussion There were no items removed from the Consent Agenda for discussion.
7. ADOPTION OF MEETING AGENDA
PUBLIC COMMENTS OPENED
Mayor Woehleke reported there were no public comments.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Makker/Onoda) to adopt the Meeting Agenda, as shown. Roll Call Vote: 5-0.
8. REPORTS
A. Town Manager Update - Ms. Battenberg reported the Town Council planned to return to in-person meetings at its next meeting scheduled for September 28, 2022 nless something changed, with other Town Committees/Commissions 1 ontinue to meet via Zoom: Town Clerk Marty Molnturf had recently announce her retirement after thirteen years with the Town with the Town Clerk position currently open and with someone with experience being sought; Town Council candidate orientation had been held on September 13; and the upcoming League of California Cities training had been scheduled for January 18 through 20, 2023.
Ms. Battenberg also reported the Administrative Services and Planning Directors with all employees encouraged to complete the courses that were available online.
A drill was planned soon. Moraga Police and Fire Departments had training on how to operate Incident Command Centers.
Ms. Battenberg also reported the Town had submitted two Traffic Safety Grants and was working on the final punch list for the Canyon Road Bridge and had submitted over a million dollars' worth of reimbursements. Staff had also submitted reimbursements for the planning grant for the Housing Element.
Town Council Regular Meeting 5 September 14, 2022
Chief of Police Jon King reported that if the Town was impacted by a disaster, it was important for the Town to receive reimbursement from the Federal Emergency Management Agency (FEMA) and staff had received training for the Incident Command System, with the Town having a plan and matrix for all employees.
Existing employees had completed their training with new employees to complete the training as well. On Saturday, September 10, 2022, the Moraga, Orinda and Lafayette Police Departments, the Moraga-Orinda Fire District (MOFD) and the Contra Costa County Fire Protection District (CCCFPD) had conducted a virtual evacuation drill and the Community Warning System (CWS) had sent out around 40,000 messages to residents in the Lamorinda area. The Zonehaven App had also been tested during the virtual drill with more information available at community.zonehaven.com. He noted a representative from Zonehaven would be attending the next Police Department staff meeting.
Chief King added the Lamorinda Police agencies were planning an active shooter drill for the month of November with other law enforcement and fire engines invited to participate, with a school campus to be chosen and with the agencies to work with school staff to make that happen.
Responding to Councilmember McCluer, Ms. Battenberg confirmed there were still some funds available in the Small Business Grant Program with applications available online or by contacting the Planning Department.
Mayor's and Councilmembers' Reports
Mayor Woehleke - Reported he had been speaking with developers including Dave Bruzzone and candidates in some of the races to answer questions. He had also represented the Town of Moraga at the League of California Cities Annual Conference in Long Beach and briefed the Council on the general sessions attended and winners of the Helen Putnam Awards, with Contra Costa County having received the award for Intergovernmental Collaboration in recognition of the establishment of the Anyone, Anywhere, Anytime Program in response to the mental health crises making behavioral health a part of emergency response. e planned to prepare a report that would provide an overview of the presentations from the breakout sessions attended along with notes from those sessions.
Vice Mayor Sos - Was pleased to learn that school bus ridership had increased which was key to reducing congestion around school drop-off and pick-up times.
She encouraged everyone to participate in Community Service Day and sign up for the work scheduled with information on the website identified by Councilmember McCluer. She also encouraged the community to remain active with respect to the upcoming issues on the November ballot and do their research and participate in the many candidate forums planned.
Councilmember McCluer - Reported he had attended a meet and greet with Pete Alvarez, the new Principal of Campolindo High School; there was a new restaurant in the Rheem Center, Casa Turing Cal Mex, which was operated by the current owner of the Town Bakery Cafe; he was in the process of meeting with developers to discuss the reality of achieving the Town's RHNA, particularly for Low and Very Low income units; and reported the California Public Employees' Retirement System (CaIPERS) had ended its fiscal year with their investment return a minus
6.1 percent with a guaranteed benefit of 6.8 percent, the difference paid by the member cities and schools.
Town Council Regular Meeting 6 September 14, 2022
Councilmember Onoda - Reported she had attended the Moraga Youth Involvement Committee (MYIC) meeting and briefed the Council on a multi- generational project; Art in Public Spaces Committee meeting, with the fisherman sculpture having been installed; and as a resident of Merrill Circle she was conscious of wildfire impacts and had obtained the available brush fire mesh from the MOFD to harden her home and she understood the MOFD would be providing a presentation on the benefits of the material. She also reported she had two telephone calls with Dave Bruzzone.
Councilmember Makker - Reported she had attended a Lamorinda School Bus Transportation Agency (LSBTA) meeting and briefed the Council on the discussions. She also planned to have conversations this week with developers including Dave Bruzzone.
9. PUBLIC HEARINGS
A. Electric Vehicle Charging Stations
Conduct a Public Hearing and Consider Waiving the First Reading and Introducing by Title Only an Ordinance Amending Various Sections within Title 8, "Planning and Zoning," and Adopting by Reference Contra Costa County Ordinance 2019- 39 in a New Chapter 15.13 within Title 15, "Buildings and Construction" of the Moraga Municipal Code to Create Expedited Permitting Procedures for Electric Vehicle Charging Stations, in Accordance with Government Code Section 65850.7 (CEQA Status: Exempt)
Mayor Woehleke confirmed there were no ex-parté communications from any Councilmember related to this item.
Planning Director Afshan Hamid presented the staff report and explained that effective 2023, state law required all jurisdictions to adopt an electric vehicle (EV) charging stations Ordinance to meet the State and region's larger goals for EV infrastructure. The County had adopted a comprehensive Ordinance in 2019, and the Town of Moraga would be adopting an Ordinance by reference only. Similar to how the Town handled solar permits, the County would administer the permits and review the EV charging stations.
Ashley James, Principal Planner, provided a PowerPoint presentation on the Electric Vehicle Charging Stations (EVCS) Zoning Amendments with the purpose of the law to increase access and streamline the EV charging station approvals. All local jurisdictions were to adopt an Ordinance to create an expedited and streamlined permitting process. She recommended the Town Council waive the first reading and introduce by title only the draft Ordinance included in the staff report as Attachment A
Responding to the Council, Ms. James and Ms. Hamid clarified the Town's Ordinance was being updated to conform to State law and to expedite permitting procedures for EV charging stations.
The private market would determine the number of EV charging stations given the cost for implementation in that the State was not sponsoring the implementation of EV charging stations.
It was the policy and goal of the State to have 100 percent electric vehicles by 2035, and driving this policy was the infrastructure needed for electric vehicles. Ms. James explained a vehicle could not be parked in an EV parking space unless actively charging.
Ms. Battenberg advised that a private parking lot would have to monitor the parking for EV vehicles. She noted the Town of Moraga had a three-hour limit for its parking lot.
PUBLIC HEARING OPENED
Town Council Regular Meeting 7 September 14, 2022
Mayor Woehleke reported there were no comments from the public.
PUBLIC HEARING CLOSED
Councilmember Onoda referenced General Plan Policy OS-4.6 - New Transportation Technologies which reads: Encourage use of new transportation technologies such as alternative fuel vehicles that may provide environmental benefits such as reduced air pollution, lower energy consumption and less noise. She applauded everyone for how far they had come.
Councilmember McCluer thanked staff for the update to the Town's Ordinances and opportunities to streamline processes and reduce costs.
ACTION: It was M/S (Sos/Makker) to waive the First Reading and Introduce by Title Only an Ordinance Amending Various Sections within Title 8, "Planning and Zoning," and Adopting by Reference Contra Costa County Ordinance 2019-39 in a New Chapter 15.13 within Title 15, "Buildings and Construction" of the Moraga Municipal Code to Create Expedited Permitting Procedures for Electric Vehicle Charging Stations, in Accordance with Government Code Section 65850.7 (CEQA Status: Exempt). Roll Call Vote: 5-0.
10. ORDINANCES, RESOLUTIONS AND REQUESTS FOR ACTION
A. John Muir Land Trust Contribution
Consider Resolution 78-2022 Authorizing the Town Manager to Enter into a Joint Escrow Instructions Agreement for Town of Moraga Contribution to John Muir Land Trust in Connection with Purchase of Harvey Ranch
Ms. Battenberg presented the staff report and commented that while the Executive Director of JMLT was not present, the Town Council had been provided redline revisions to the escrow instructions agreement on September 12, 2022, with clarifying language. JMLT was in full agreement with the changes as was the title company. She recommended the Town Council adopt the Resolution contained in Attachment A to the staff report.
Responding to the Council, Ms. Battenberg clarified the redline revisions had been proposed by JMLT. Town Council was supportive of the changes the Town had verbally agreed to which had been formalized in writing
PUBLIC COMMENTS OPENED
Mayor Woehleke reported there were no comments from the public.
PUBLIC COMMENTS CLOSED
Mayor Woehleke explained that on June 22, 2022, he had voted against the 2022/23 Town Budget given the late inclusion of the $250,000 for the Town of Moraga to assist in the purchase of the Harvey Ranch property. The funding for the property was good leverage against the $4 million investment with advantages for the Town not owning open space. The challenge was there needed to be trade-offs, and there was additional value in obtaining open space/recreation area, but traffic safety was another value. The Palos Colorados Settlement Agreement stated the funds provided the impact fees but were all the fees the Town would receive, excluding a potential stop light and bus stop. He was concerned, as he interpreted it to exclude everything else. The action before the Town Council may involve a trade-off of Palos Colorados funds related to traffic safety in favor of open space, and he did not want to excerpt one component of the General Plan without considering the other values of the Town.
Town Council Regular Meeting 8 September 14, 2022
As an example, whether implicitly or explicitly, in 2019 when the Town considered helping to fund the purchase of the Painted Rock property, Mayor Woehleke commented the Town traded off the financial stability of the Town, given the emergence of a fiscal emergency. Absent more information on that traffic component, the Town lacked meaningful information.
Mayor Woehleke stated the Town would be using unrestricted funds with Palos Colorados funds being used for discretionary expenditures, particularly before using the funds for a trust to shave off the peak of underfunded pension obligation payments, and he suggested the Town Council should have a better idea of potential project impact costs for Palos Colorados. He suggested the Town was potentially trading off traffic safety in favor of worthwhile value but not one with the same value.
Mayor Woehleke was troubled by the fact the Town had not engaged the Park and Recreation Commission who were tasked with representing the citizens of Moraga and serving as a subcommittee to the Town Council. He believed it was inappropriate to exclude the Commission from being involved in discussing this item. He apologized to the Park and Recreation Commission as a representative of the Town Council for doing that.
Mayor Woehleke clarified that having said all of that he would be voting in support of the item since he would be taking a leap of faith the Town modifications to the road would not be exorbitant, placing a risk on the $250,000 contribution for open space.
ACTION: It was M/S (Onoda/Sos) to adopt Resolution 78-2022 Authorizing the Town Manager to Enter into a Joint Escrow Instructions Agreement for Town of Moraga Contribution to John Muir Land Trust in Connection with Purchase of Harvey Ranch, subject to the redline version in the agenda packet. Roll Call Vote: 5-0.
B. Vehicle Miles Traveled Report
Receive Report on New Vehicle Miles Traveled (VMT) Standards for Evaluating Transportation Impacts and Provide Direction to Staff
Planning Director Afshan Hamid explained that Vehicles Miles Traveled (VT) was a new State law adopted in July 2020 analyzing transportation impacts under the California Environmental Quality Act (CEQA). Projects must conform to the General Plan or the Moraga Center Specific Plan (MCSP). The Town Council had already provided policy direction in the 6'h Cycle Housing Element with a focus of development in the infill and Commercial areas of the Town for Mixed- Use and Multifamily projects The report to be presented was intended to support walkable neighborhoods with access to everyday amenities through a transportation methodology, and the VMT would support the policy direction already provided by the Town Council to support more walkable, resource efficient and sustainable neighborhoods.
Ms. Hamid introduced Barry Miller, Barry Miller Consulting and Ellen Poling with Fehr & Peers.
Ellen Poling, Fehr & Peers, provided a PowerPoint presentation on VMT Analysis for the Town of Moraga Advanced Planning Initiative, which included providing clean, efficient access to destinations and improving public health through active transportation.
Ms. Poling explained that the Level of Service (LOS) analysis and congestion management would still be allowed as part of the project review just outside of the CEQA process, and clarified lead agency decisions related to VMT methodology, thresholds and feasible mitigation. She also identified the types of VMT and described the differences between project- generated VTs versus project effect on VMTs. She also highlighted the CCTA recommended process in depth (as detailed in the September 14, 2022 staff report).
Town Council Regular Meeting 9 September 14, 2022
Ms. Poling detailed the staff recommended process as follows:
• Follow State Office of Planning and Research (OPR) and CCTA guidance • Screening
Low VMT area (residential and office)
Small project
Local-serving retail
Thresholds
Residential projects Home-based VMT per resident, 15 percent below the Countywide average
Employment projects Home-work VMT per employee, 15 percent below the Countywide average
• Cumulative Threshold
Project's effect on regional VMT rate
Only needed if Project-level VMT impact is significant after mitigation • Other project types (unique uses - cultural center, school, regional event center, etc.) Develop analysis approach unique to project
The Town Council was asked to consider the following policy questions:
• Should the Town follow the CCTA Guidelines?
• Project Screening:
Grocery stores and other local-serving retail < 25,000 square feet, or < 10,000 square feet?
Mixed-Use projects in the Moraga Center and Rheem Center areas? These are low-VMT areas for residential VMT, i.e. <85 percent of Countywide average VMT/resident
• What mitigation measures make the most sense for Moraga? Increased bicycle parking, car sharing, BART shuttles, electric vehicle charging stations, other?
Mayor Woehleke thought the direction being asked of the Town Council was different than the staff recommendations contained in the staff report.
Ms. Battenberg clarified that while the information may have been laid out differently, the information was the same.
Ms. Hamid referenced Page 6 of the staff report which had outlined the primary questions for Town Council consideration, which had been stated as follows:
• Should the Town follow CCTA guidance to determine if an impact is "significant" under CEQA? Staff recommended that the Town follow CCTA's guidance. • What projects should be "screened out" (i.e., deemed to have a less than significant impact) from VMT analysis requirements? CCTA recommended, and staff concurred, that projects with 20 or fewer housing units and projects with less than 10,000 square feet of non-residential space be screened out. Staff recommended that the Council consider screening out grocery stores and other local serving non-residential uses of less than Town Council Regular Meeting 10 September 14, 2022
25,000 square feet. Staff further recommended that multi-family and mixed-use residential projects located in the Moraga Center and Rheem Center areas be screened out. • What measures to mitigate VMT impacts made the most sense for Moraga? Staff recommended bicycle parking, car-sharing, shuttles to transit and similar measures.
Mayor Woehleke commented the second bullet of the presentation from Fehr & Peers deviated from the second bullet of the staff recommendation as reflected on Page 6 of the staff report and he sought clarity.
Assistant Town Attorney Denise Bazzano stated the only piece missing from the Fehr & Peers PowerPoint (PPT) presentation was the detail in the second bullet of the staff report.
Ms. Hamid added that the mention of Mixed-Use projects in the MCSP and Rheem Center areas in essence was what had been referenced in the Fehr & Peers presentation.
At this time, a bullet was added to the Fehr & Peers PPT presentation in order to provide clarity for that section of the policy questions being asked of the Town Council. An additional bullet point under the section heading Project Screening, was added to read: Projects with 20 or fewer housing units and less than 10,000 square feet of non-residential space be screened out. Or, staff suggested the Town Council may consider the policy questions as written on Page 6 of the staff report.
It was the consensus of the Town Council to consider the bullet points, as written, on Page 6 of the September 14, 2022 staff report.
Vice Mayor Sos questioned the benefit of exempting the VMT analysis from the CEQA analysis for projects for a particular description since the Town still had the ability to require a traffic study in connection with a proposed development, although that traffic study would be done outside the confines of CEQA. She was informed by Ms. Poling that CEQA was separate, had its own requirements, and if certain requirements were clearly not applicable under CEQA, it would reduce the burden on the applicant and the Town in terms of the financial and procedural burden to do that analysis. It would not eliminate the ability for the Town to require a traffic analysis to assess the local traffic impacts of a project, just not within CEQA.
As an example, if a large residential project had been proposed and because of the location and all of the aspects it would be difficult to make the case for a VMT analysis under CEQA, the Town had the discretion under the permitting review process to request a new signal to serve the site or consider effects on an intersection where the Town had discretion to require that analysis, just not under CEQA.
Vice Mayor Sos understood this was the way to create incentives to build a more varied housing stock in the infill areas, with the desire to ensure it was not being done at the cost of the semi- rural feel of the community.
Ms. Bazzano clarified the language being used and stated the Town was not "exempting" from CEQA but identifying it as a criteria to be "screened out" from the VMT analysis, a term that had been used in the staff report and in the Fehr & Peers PowerPoint presentation.
Vice Mayor Sos explained she was speaking in the context of the traffic issues considered under CEQA where a VMT analysis would be required but there could be certain types of projects that were exempt, just from the VMT analysis, but everything else was still happening.
Town Council Regular Meeting 11 September 14, 2022
Ms. Poling added there were other transportation criteria in Appendix G Checklist, relating to consistency with transportation policies which would need to be addressed even if the VMT had been screened out.
In response to Councilmember McCluer, Ms. Hamid clarified that while local decision making would be retained, they were using the County VMT tool and process.
Ms. Poling again detailed the CCTA Guidelines and the recommendation to compare to the Countywide average or the Town average, with staff recommending the use of the Countywide average. The Town of Moraga was a bit lower than the Countywide average and she again displayed a map of Home-based VT/resident and Home-work VMT/worker for the Town of Moraga. Compared to the rest of the County, Moraga was somewhat lower than the Countywide average for residential.
Barry Miller, Barry Miller Consulting, clarified Councilmember McCluer's understanding if the Town were to adopt the CCTA Guidelines, the Town of Moraga could still have a LOS for non- CEQA applications and could still prepare specific local traffic studies and add additional mitigation measures. The Town Council may still approve applications which had significant unavoidable impacts.
Responding to Councilmember Onoda as to when the maps had been developed either pre- or during the pandemic, Ms. Poling clarified the maps were from the CCTA baseline model, a pre- COVID-19 model although she recognized things were, and would, continue to change.
Responding to Councilmember Makker, in terms of the mitigation measures, Ms. Poling described them as a short list of measures that had research underlying them demonstrating the likely reduction in VMTs, and the California Air Pollution Control Officer's Association document included all measures that could reduce GHGs, many measures that would apply to actual development sites, and many that would be city or town-wide measures. There was sufficient research under those documented to state that if this mitigation measure was applied to this development site, as an example, it may reduce VMTs. The mitigation measures identified in the PowerPoint presentation were those staff considered were most applicable in the context of the Town of Moraga.
Mayor Woehleke recognized that Dave Bruzzone was attempting to call into the meeting but there were apparent technical difficulties. He explained that the Town Council would move forward with its discussions and then return to public comment to allow anyone interested in addressing the Town Council to provide comments.
At this time, the Town Council went through the policy questions and offered input as follows:
• Should the Town follow CCTA guidance to determine if an impact is "significant" under CEQA? Staff recommended that the Town follow CCTA's guidance.
Town Council consensus was to follow the CCTA Guidelines. • What projects should be "screened out" (deemed to have a less than significant impact) from VMT analysis requirements? CCTA recommended, and staff concurred, that projects with 20 or fewer housing units and projects with less than 10,000 square feet of non- residential space be screened out. Staff recommended that the Council consider screening out grocery stores and other local serving non-residential uses of less than 25,000 square feet. Staff further recommended that multi-family and mixed-use residential projects located in the Moraga Center and Rheem Center areas be screened out.
Town Council Regular Meeting 12 September 14, 2022
Vice Mayor Sos could accept the recommendation but with respect to projects with 20 or fewer housing units, she commented that was counterintuitive with those projects tending to be towards the periphery of the Town and not necessarily infill development. She suggested those projects should not be screened out, would be VMT averse, and rather she could accept the staff recommendation if 20 or fewer housing units were limited to the infill areas.
Mayor Woehleke suggested 20 or fewer housing units would have less of an impact than 100 housing units, as an example, with the larger number out in the periphery and not in the center of the Town unless the MCSP Area was developed by one developer.
Councilmember McCluer shared the Vice Mayor's concerns and could provide scenarios with potential impacts but was willing to go along with the staff recommendation.
Councilmember Onoda was also willing to have this staff recommendation be just in the infill areas.
Mayor Woehleke understood based on the comments that boundaries may have to be drawn.
He asked staff to opine on the suggestion to allow exemptions for projects with 20 or fewer housing units to be only in the downtown center areas, and asked staff whether that would work.
Mr. Miller explained they were talking about the area on the map identified as the Low VMT Areas, which included the MCSP, Rheem Center Areas and the area in between the west area of Moraga Road and where the VMT was already 15 percent below the Countywide average, and future development in that area would not have to go through a VMT analysis. The question was the requirement in that area for the rest of the Town.
Ms. Poling clarified the screening had been based on baseline, meaning the existing model, which was updated periodically, but it was possible in the future a brand new model would be developed and those screening maps at some point in the future may change. She added the 20 units had come from the OPR Guidelines, had then been pulled into the CCTA Guidelines, and had come from existing CEQA exemption precedence for small projects and generating a certain number of trips or less, equivalent to 20 units or less. Given Moraga's context, and while not a CEQA Attorney, in her opinion the Town of Moraga would have the discretion to change that screening criteria to match what was appropriate for the Town.
Ms. Bazzano understood that further analysis would be needed to substantiate that number and Ms. Poling confirmed that would be required.
Ms. Battenberg commented that staff had discussed this issue prior to the meeting with the consultants who had stated they had to prepare findings and she was uncertain what extra steps would be needed. She was unsure what would happen if the Town did not use the standard criteria and she was uncertain the Town should do something different.
Vice Mayor Sos withdrew her suggestion in that even if there was screening for 20 or fewer units, the Town still had the ability to prepare a local traffic study. If the CCTA was providing this guidance and a level above that she was loathe to do something different.
Ms. Hamid clarified this was one of many tools the Town Council may use when analyzing projects for discretionary review.
Mayor Woehleke recognized Mr. Bruzzone was ready to join the meeting and provide input.
PUBLIC COMMENTS OPENED
Town Council Regular Meeting 13 September 14, 2022
Dave Bruzzone, commented on the time and money for the Bruzzone Family to prepare a traffic analysis for the MCSP Area. He was uncertain where they were, whether something would be adopted at this time, and noted the downtown Moraga Center had been reviewed in depth and an Environmental Impact Report (EIR) had been prepared for the MCSP Area. He did not want any uncertainty when a project was brought forward for Town Council review.
Mr. Bruzzone pointed out the Town was in the process of a General Plan update, and he questioned what that EIR would analyze in terms of VMT, and noted the Rheem Center had not been studied or analyzed. The MCSP Area had paid for a traffic study and EIR and he questioned why the MCSP Area was not automatically exempt.
Mr. Miller clarified the entire MCSP Area was a Low VMT area, with projects proposed in that area that were consistent with the MCSP to be screened out and not required to do a VT analysis, which would be done as part of the General Plan Update. The EIR being prepared now as part of the Advanced Planning Initiative EIR would look at the Town town-wide and the status of the projects in the MCSP Area would not change. The same would be true for the Rheem Center, with projects not subject to a VMT analysis, which would also be done as part of the General Plan EIR.
Ms. Battenberg was uncertain the entire MCSP Area would be exempt in that there may be some parcels outside of the area that may involve a process to determine what would be screened out, but after the map was again displayed, she was informed it was all screened out.
Mr. Miller stated that additional traffic studies would be required in the MCSP Area and would depend on the project proposed.
Ms. Bazzano clarified, in response to Councilmember McCluer, that the Town Council would not be adopting any policy at this time and was not speaking on any specific development proposal.
PUBLIC COMMENTS CLOSED
The Town Council returned to its discussion on the second bullet and there was Town Council consensus to support the staff recommendation.
• What measures to mitigate VMT impacts make the most sense for Moraga? Staff recommended bicycle parking, car-sharing, shuttles to transit and similar measures.
Councilmember McCluer suggested the Town Council not review a list of possible mitigations but leave it as it was and evaluate each item based on the merits.
Councilmember Makker believed that mitigation would be based on research and applying it to the facts and circumstances of Moraga, and other similar measures could be added to those initial measures that had been identified. She was comfortable in saying there were other mitigation measures beyond those identified that could be considered.
Ms. Poling confirmed there were other mitigation measures, and any thorough impact analysis would consider anything that made sense to consider including those on the list. The items shown were from a list from a larger menu from the document she had referenced applicable to site development or not applicable to site development.
Vice Mayor Sos commented it was difficult to identify mitigation measures without facts before the Town Council to be specific. She pointed out that there would be a lot of options, and she did not understand how they could have a mitigation measure that was out of the Town's control such as an increase in transit service frequency, which was completely out of the control of the Town.
Town Council Regular Meeting 14 September 14, 2022
She preferred incentives rather than mandatory mitigation measures. She also noted one of the mitigation options was parking meters, which was a no-go in her opinion.
Councilmember Onoda suggested the mitigation measures identified were the beginning, they had already spoken of reducing parking, and thought any mitigation measures would be project driven.
Whether there was a way to generalize the third bullet and in response to the Mayor, Councilmember McCluer suggested it could be rewritten to allow for unanimous agreement.
Councilmember Onoda suggested the bullet could be modified to read:
Measures to mitigate VMT impacts that make the most sense for Moraga could include bicycle parking, car-sharing, shuttles to transit and similar measures.
Mayor Woehleke stated the direction to staff should be to generalize the last bullet point with regard to specific mitigation measures or tools.
Ms. Poling stated they could broaden the list of mitigation measures with whatever findings were made and it would not be exclusive.
There was Town Council consensus to support the recommendation offered by Ms. Poling.
Ms. Battenberg thanked the Council for the input on a challenging topic to present and discuss.
Mayor Woehleke thanked staff and the consultants for the presentation.
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 9:30 p.m. Roll Call Vote: 5- Respectfully submitted by:
Mash Alr
Yashin Abbas, Interim Town Clerk
Approved by the Town Council:
Steve Woehleke, Mayor
Town Council Regular Meeting 15 September 14, 2022