TOWN OF MORAGA
REGULAR MEETING
November 9, 2022
Rovember, 191% MINUTES
6:30 p.m. Regular Meeting
Council Chambers
335 Rheem Boulevard, Moraga, California 94556
1. CALL TO ORDER
The regular meeting was called to order at 6:32 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 *Arrived at 6:52 p.m.
Councilmembers absent: None
PLEDGE OF ALLEGIANCE
Gian Panetta, President, Moraga Chamber of Commerce led the Pledge of Allegiance.
3. SPECIAL ANNOUNCEMENTS
Mayor Woehleke reported the Town Council held a Closed Session on Friday, November 4, 2022 regarding the selection of an Interim Town Manager who would take the position at the end of the year.
PROCLAMATIONS AND PRESENTATIONS
A. Proclamation Declaring the Week of November 13 to 19, 2022 as United Against Hate Week in the Town of Moraga
The Town Council read into the record a proclamation declaring the Week of November 13 to 19, 2022 as United Against Hate Week in the Town of Moraga.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
Councilmember McCluer reported this was the second year recognizing UAHW and it was important as the leaders of the Town and Town staff to call this out, with UAHW promoting kindness throughout the community and with a number of tools having been included on the Town website. He added the Moraga School District (MSD), Not in Our Town and Moraga Kind were working towards a movie on "upstander" training which should be available in January or February 2023.
Town Council Regular Meeting 1 November 9, 2022
Vice Mayor Sos was also pleased with the UAHW efforts on its second year and agreed with the importance of the Town Council through its efforts, words and deeds to set the tone to sustain an open, accepting and welcoming community in which all people may grow and thrive, particularly youth and with everyone seen, valued and feeling respected. UAHW was an important part of that communication.
PUBLIC COMMENTS AND SUGGESTIONS
There were no public comments or suggestions.
ADOPTION OF CONSENT AGENDA
A. Acceptance of Consent Items
No Consent Items were removed from the Consent Agenda.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (McCluer/Onoda) to adopt Consent Agenda Items 6.1, 6.2, 6.3, 6.4 and
6.5. Vote: 4-0-1. Absent: Makker.
6.1 Receive Accounts Payable Claims for 10/21/22 ($181,354.93) Approved
6.2 Approve Minutes for the Regular Council Meeting on August 24, Approved 2022
6.3 Continued Use of Teleconferenced Meetings Approved
Consider Resolution 87-2022 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
6.4 Out of State Travel to FEMA Emergency Training Approved Consider Authorizing the Associate Civil Engineer to Attend Out- of-State Emergency Management Institute In Emmitsburg,
Maryland, for the Managing Floodplain Development Course from December 5 to 8, 2022 in Conformance with the Town Travel Policy
6.5 Moraga Road and Hacienda Drainage Project Approved
Consider Resolution 88-2022 Approving the First Amendment To the Consultant Services Agreement with Anchor Engineering (Lafayette) in an Amount of $25,000 for a Total Amount Not to Exceed $76,935 for Construction Management and Inspection Services for Moraga Road and Hacienda Drainage Project (CIF 21-206) and Authorizing the Town Manager to Execute the Firs Amendment
B. Consideration of Consent Items Removed for Discussion Town Council Regular Meeting 2 November 9, 2022
No Consent Items had been removed for discussion.
7. ADOPTION OF MEETING AGENDA
Mayor Woehleke reported there had been a request to modify the meeting agenda to modify Item 10. Ordinances, Resolutions and Requests for Action in the following order: Items 10. A.
Town Manager Recruitment Brochure, 10. B. Annual Storm Drain Repairs Project and 10. C.
Proposed Moraga General Plan Amendments, and with Item 8. Reports to be considered after the completion of the agenda items. He offered a motion to that effect which was seconded by Vice Mayor Sos.
In response to Councilmember McCluer, the Mayor reiterated the request had been made to modify the meeting agenda as stated and Town Manager Cynthia Battenberg explained the request had been made to accommodate Councilmember Makker who was not yet present. She explained the Town Council may consider amending the motion and consider Item 8, as shown.
Mayor Woehleke amended his motion to consider a modification to the meeting agenda to modify Item 10. Ordinances, Resolutions and Requests for Action in the following order: Item 10. A Town Manager Recruitment Brochure, 10. B. Annual Storm Drain Repairs Project and 10. C.
Proposed Moraga General Plan Amendments, with the rest of the agenda items to remain as shown.
Vice Mayor Sos as the second to the motion accepted the amendment.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
ACTION: It was M/S (Woehleke/Sos) to modify the meeting agenda, with Item 10 to be modified as follows: Item 10. A. Town Manager Recruitment Brochure, 10. B. Annual Storm Drain Repairs Project and 10. C. Proposed Moraga General Plan Amendments. Vote:
4-0-1. Absent: Makker.
8. REPORTS
A. Town Manager Update - Town Manager Battenberg reported the Town Offices would be closed on November 10 and 11, 2022 in recognition of Veterans Day; a Veterans Day celebration had been scheduled for Friday, November 11, 2022, at Commons Park at 9:00 a.m. and she thanked Karl Davis for planning the event.
She also reported there had been a fantastic turnout for Halloween with the Moraga Police Department having passed out 60 pounds of candy. The Town was also gearing up for the winter holidays with the Annual Tree Lighting Ceremony scheduled for December 1, 2022 at 6:30 p.m., which was also the same day as the installation of the North Pole Mailbox at Commons Park and she thanked the Moraga Youth Involvement Committee (MYIC) for its work. The Buy a Bulb Program had returned for the Christmas Tree Lighting, with more information in the About Town Newsletter and on the Town website.
Ms. Battenberg also introduced new Interim Town Clerk Yashin Abbas, who would fill an interim five-month replacement period for the Town Clerk, allowing an opportunity to become familiar with the Town and meet the new Town Manager.
Town Council Regular Meeting November 9, 2022
Current Town Clerk Marty McInturf's last day with the Town would be Friday, November 18, 2022.
Ms. Battenberg added the Town Council would be holding Special Meetings related to the Housing Element on November 16, 2022 and December 7, 2022 with both meetings to start at 6:00 p.m. She also reported the Laguna Creek Restoration Project 15-day public notice had been released and the Federal Emergency Management Agency (FEMA) had approved funding for the project to move forward, with all information available on the Town website and with more information to be provided to the Town Council in the form of next steps in February 2023. In addition, a sandbag station at Rancho Laguna Park was now open all winter and the Public Works Department maintenance staff had been on storm patrol, cleaning leaves from gutters and keeping things flowing in the Town.
Ms. Battenberg further responded to the filing of recent litigation related to the Hacienda de las Flores. Staff was finalizing a letter to Wedgewood Weddings, and she had been in regular contact with the property owner regarding the noise concerns. She suggested staff was making good progress on the issues and identifying a path forward and once the letter to Wedgwood Weddings was finalized it would be forwarded to the Town Council.
Mayor Woehleke appreciated the efforts being made and the Town Council being kept up to date on the matter.
Councilmember McCluer inquired of the status of a discussion on the pension trust, and Ms. Battenberg explained that the recommendation regarding the type of portfolio, either conservative or moderately conservative would be considered by the Audit and Finance Committee (AFC) on November 30, 2022 and thereafter considered by the Town Council at either its December 7 or December 14, 2022 meeting.
In response to the fact the Governor had signed legislation that the COVID-19 emergency would end at the end of February 2023, and whether there would be any impacts to the Town and in response to the Vice Mayor, Ms. Battenberg advised the Town Council had returned to in-person meetings and would continue with in-person meetings. Staff would be reviewing the charters and the Moraga Municipal Code (MMC) as related to Town Committees and Commissions, but there was a plan to return the Planning Commission to in-person meetings in January 2023 and then other Town Committees and Commissions as of March 1, 2023.
Assistant Town Attorney Denise Bazzano reported the Town Attorney's Office had provided the Town Council a confidential email this date about the various legislative actions taking place, which would change how meetings would be conducted under the Brown Act after January 1, 2023, when those bills would go into effect and after the State Declaration of Emergency was rescinded in February 2023. After March 1, 2023, the Town's ability to conduct teleconferenced meetings under Assembly Bill (AB) 361 would be over.
B. Mayor's and Councilmembers' Reports
Mayor Woehleke - Welcomed the new Interim Town Clerk and also expressed his appreciation to current Town Clerk Marty McInturf and stated a proclamation would be presented at the next Town Council meeting to recognize her service to the Town. He explained that most of his time had been focused on recruiting Town Council Regular Meeting 4 November 9, 2022
efforts for the interim and permanent Town Manager. He had also been spending time with neighbors of the Hacienda regarding noise issues, but with staff actively involved he would be stepping away from that once again. He also continued to interact with a select group of residents on the impact of the road rehabilitation project to ensure concerns were being addressed.
Vice Mayor Sos - Provided a status report on the Lamorinda Action Plan (LAP) which had been a rigorous process with input from the public and with respective staff from each jurisdiction, with the Contra Costa Transportation Authority (CCTA) now hitting the pause button on the timing of the issuance of a draft and final report Popups had been held in the Lamorinda communities to solicit input from Lamorinda residents and a joint three-city meeting was planned with public input in January 2023 to solicit feedback.
Vice Mayor Sos reported that along with Public Works Director/Town Engineer Shawn Knapp and Senior Civil Engineer Brett Swain, the Town had submitted a multi-page comment letter to the CCTA on the Draft LAP that she had asked be attached to a future Town Council agenda or be provided separately, as appropriate under the Brown Act. She commended the work of Town staff in managing this effort and advocating for the community, persuasively and working with staff from other jurisdictions. She too welcomed the Interim Town Clerk.
Councilmember McCluer - Also welcomed the new Interim Town Clerk; reported Council to interview candidates for the Interim Town Manager position; and had been asked by residents why the session had been closed. He asked the Assistant Town Attorney to explain the rationale for the closed session.
Ms. Bazzano explained the Brown Act provided narrow exemptions under which the Town Council may conduct Closed Sessions, which included public employee placement that allowed Councilmembers to conduct interviews in Closed Session to protect the anonymity of candidates in a private setting to allow for a free flow of interactions and information between Councilmembers and candidates.
Councilmember McCluer also reported he had been interviewed by Gary Phillips with Bob Murray & Associates, the recruiting firm handling the recruitment for a new Town Manager; had spent time on UAHW activities; and expressed his appreciation to Town Clerk Molnturf for her 13 years of service to the Town and for being one of the most helpful people during his tenure on the Town Council.
Councilmember Onoda - Also welcomed new Interim Town Clerk and also expressed her appreciation to Town Clerk Mcinturf who would be sorely missed.
Councilmember Makker - Reported she had attended the Closed Session to interview candidates for the Interim Town Manager position; tuned into the Developers Roundtable meeting; supported the UAHW proclamation the Town Council had earlier read into the record and was pleased the Town would continue to participate and contribute with UAHW activities. She had also been pleased to read all of the accolades about Town Clerk McInturf in the Lamorinda Weekly.
Town Clerk Mclnturf thanked the Town Council for its kind comments when interviewed for the Lamorinda Weekly.
PUBLIC HEARINGS
Town Council Regular Meeting 5 November 9, 2022
There were no public hearings.
10. ORDINANCES, RESOLUTIONS AND REQUESTS FOR ACTION
A. Town Manager Recruitment Brochure
Review and Approve Town Manager Recruitment Brochure and Timeline Vice Mayor Sos advised that the Town Manager Recruitment Ad Hoc Committee had recommended approval of both the proposed Town Manager Recruitment Brochure and the timeline included in the November 9, 2022 staff report. She added that beyond community members the Ad Hoc Committee had spoken with as outlined in the staff report and included in Attachment C, Summary of Interviews of Community Members, the Ad Hoc Committee had recently spoken with Dave Bruzzone and had scheduled a meeting with the President of Saint Mary's College (SMC).
Responding to the Council, Vice Mayor Sos stated the Ad Hoc Committee welcomed any input.
People could provide comments in writing and attend any meetings already scheduled with ample opportunity to participate. The brochure included a consolidation of the comments received thus far, with the Ad Hoc Committee open to continuing that process until January or February 2023.
That community input would be helpful once résumés had been received to help prioritize the candidates.
Councilmember Onoda found the consultant had understood that the Town of Moraga was a unique community, and she thanked the Ad Hoc Committee for its work. As to the Recruitment Brochure itself, she referenced Page 1, Community, and identified a typographical error at the end of the first sentence but otherwise found the brochure to be perfect and welcomed potential candidates.
Councilmember Makker agreed that the recruitment brochure had captured everything the Town was looking for and clarified with the Vice Mayor how the brochure would be utilized, with Vice Mayor Sos explaining that Bob Murray & Associates had multiple local, state and national platforms and networks to distribute the brochure and had already started the recruitment process. The recruitment firm would collect résumés up and until the timeline when the recruitment process closed and would filter and cull candidates down to a manageable number who met all qualifications, and the Town Council would take it from there.
Councilmember McCluer reported he had two conversations with Mr. Phillips with Bob Murray & Associates. He asked about the role of the Ad Hoc Committee such as whether the Ad Hoc Committee had been involved in the edits in the brochure, and Vice Mayor Sos clarified the Ad Hoc Committee had provided Attachment C, the Summary of Interviews of Community Members, had received an email from SMARTMoraga and had a discussion with Mr. Bruzzone, as earlier reported, and provided background information to the recruitment firm on the Town of Moraga.
The Town Manager had provided the Town logo and photographs, and the Mayor and Vice Mayor had provided comments on the draft brochure, but this was the first time for the entire Town Council to provide comments and any edits to the brochure.
PUBLIC COMMENTS OPENED
Gian Panetta, President, Moraga Chamber of Commerce, shared the attributes the Chamber of Commerce was of the opinion were the most important in a new Town Manager, and given the importance of the Town Manager's role and impact positive or negative on businesses overall, he identified those attributes that should be incorporated by a Town Manager.
Town Council Regular Meeting 6 November 9, 2022
Mr. Panetta stated the Town Manager should value local businesses and recognize the Town had an important stake and opportunity to grow businesses as a revenue source and it was not enough to say what had been thought or generated in the past was all that could be expected in the future; be aware and sympathetic to the changes businesses faced, particularly lingering COVID-19 impacts and a possible recession as well as challenges businesses faced with planning, transportation and staffing shortages; the Town Manager should seek ways to actively support the local business environment both internally and externally; maintain strong collaboration and communication skills while being honest, transparent, open minded, flexible and seeking creative solutions; willing to continue the practice of monthly scheduled calls with the Chamber of Commerce and find ways to repair relationships in the community; be able to demonstrate previous support of small businesses and come to the table with a proactive plan to address the unique businesses and transportation challenges that existed in Moraga.
PUBLIC COMMENTS CLOSED
Councilmember Makker found the input she had provided when she had been interviewed by the recruitment firm on the attributes that she would like to see in a new Town Manager had been reflected in the brochure and she appreciated the opportunity to provide that feedback.
Councilmember Onoda suggested the brochure was beautiful visually and she found the Ad Hoc Committee had done a good job, the photographs the Town Manager had provided were beautiful and the brochure reflected the attributes of the Town. She found nothing missing and commended everyone on a good job.
Councilmember McCluer was also very pleased with the brochure and candidate profile.
Speaking to Page 1 of the brochure, the community section, he noted the Town of Moraga welcomed all people, had a strong sense of belonging, and was a community of volunteers. He suggested the first sentence of Page 1 under Community, should be revised to read:
The Town of Moraga is a picturesque and family-oriented community with a culture of volunteering, welcoming all people, and a feeling of belonging tucked into the beautiful hills of San Francisco's East Bay in Contra Costa County.
There was Town Council consensus to recommend the modification to Bob Murray & Associates.
Mayor Woehleke thanked the Chamber of Commerce for its comments, found their letter to be well represented and had provided something to look at and review with the recruitment firm.
Speaking to Page 2, the section for The Position and Ideal Candidate, Councilmember McCluer requested the following revision to the first sentence of the second paragraph, to read:
The Town Council is seeking an effective and decisive leader with a business management perspective who is a proven team builder, diplomatic communicator, and strategic thinker.
Vice Mayor Sos suggested the revision belonged elsewhere in that while the business perspective was important, the Town needed someone with a deep and wide municipal experience, and she would be more comfortable adding that notion to the fourth sentence of the second paragraph as follows:
Candidates who are fiscally prudent with a strong financial background, who have a business perspective and who understand all aspects of a Town's finances, including the intricacies of budgets and capital improvement plans, will be most competitive.
There was Town Council consensus to recommend the modification to Bob Murray & Associates.
Town Council Regular Meeting 7 November 9, 2022
Councilmember McCluer requested a further revision to the third sentence of the same section, as follows:
The ideal candidate for this position will be an experienced City Manager, Assistant City Manager or manager of staff who has demonstrated the ability to create and sustain a positive and supportive work environment.
There was no agreement on this revision, with the Mayor suggesting the additional verbiage was not necessary and Vice Mayor Sos stating that the document did not need to be too prescriptive, and with the Vice Mayor offering further revision to the same section, as follows:
Candidates for this position will be experienced managers of staff who have demonstrated the ability to create and sustain a positive and supportive work environment.
There was Town Council consensus to recommend the modification to Bob Murray & Associates.
Councilmember McCluer requested a revision to the same section, to read:
Candidates for this position will be experienced managers of staff who have demonstrated the ability to create and sustain a positive and supportive work environment, while maximizing operational efficiencies.
Vice Mayor Sos preferred a modification to the fifth sentence of the second paragraph under the section The Position and Ideal Candidate of the brochure, as follows:
Fiscal responsibility, long-range, operational efficiency, and implementation of State housing requirements will be immediate priorities for the new Town Manager.
Councilmember McCluer recommended a further revision to the same section, as follows:
Fiscal responsibility, long-range, operational efficiency, and implementation of State housing requirements and rebuild and revitalize retail businesses partnering with the Chamber of Commerce will be immediate priorities for the new Town Manager.
Mayor Woehleke pointed out the Town was not responsible for revitalizing businesses but could try to assist and there needed to be a balance. He did not want to give the impression the Town was expecting the new Town Manager to take on a burden that was a step too far.
Councilmember McCluer stated his recommendation would build a partnership between the new Town Manager and the Chamber of Commerce to rebuild and revitalize.
Councilmember McCluer requested a revision to the second sentence of the third paragraph under the section The Position and Ideal Candidate of the brochure.
The Town Manager will assist the Council in reaching their goals by providing clear analyses, identifying all options and recommendations that are supported by research and facts and facilitate informed decisions and policy making by the Council.
Mayor Woehleke suggested too much detail was being added and Vice Mayor Sos pointed out this was intended to be a marketing brochure and those concerns would be interview questions.
Councilmember McCluer requested a revision to the second sentence of the fourth paragraph under the section The Position and Ideal Candidate of the brochure, as follows:
Town Council Regular Meeting 8 November 9, 2022
It is expected that the Town Manager will maintain the ongoing collaboration with neighboring communities and with strategic partners, including Saint Mary's College, the local school districts, the fire district, the Moraga Chamber of Commerce, and community service groups and others
Vice Mayor Sos suggested the revision would be acceptable.
Councilmember McCluer requested a revision to the third sentence of the fourth paragraph under the section The Position and Ideal Candidate of the brochure, as follows:
It is expected that the Town Manager will be a hands-on manager, possessing a solia knowledge and understanding of municipal planning and land use, comfortable with small town financial resources, economic development, business retention and investment, fiscal challenges, and grant opportunities.
Mayor Woehleke emphasized the Town Manager candidate must be able to prioritize; Vice Mayor Sos stated she had a suggestion to this section she would provide to the recruitment firm.
As to the Town Manager Recruitment Timeline, as shown in Attachment B, Councilmember McCluer was pleased the timeline was from the recruitment firm. He commented in conversations he had with Mr. Phillips, the Mr. Phillips had stated he could do some calls with key community groups which would cover hundreds if not over a thousand people in different areas, it would not involve additional cost or impact the timeline and had been done for the City of Orinda and would be in addition to the survey.
Of the key community groups that could be contacted, Councilmember McCluer suggested utilizing the Chamber of Commerce and Preserve Lamorinda Open Space (PLOS), although the Mayor commented that everyone in the Town probably valued and liked open space but not in the same way as PLOS, which subgroup minority had a particular agenda.
Councilmember McCluer suggested PLOS represented the Town's open space views and the third group to be contacted should be SMARTMoraga, and Vice Mayor Sos reiterated that SMARTMoraga had provided input.
Mayor Woehleke supported the last recommendation with the provision it was related to retail, which was a specific subgroup. As to PLOS, rather than name a group, it should be capturing a representative population and not just a subgroup, and Vice Mayor Sos suggested someone from the Parks and Recreation Department should be considered.
As to the recommendation to include contact with SMARTMoraga, Mayor Woehleke suggested the sampling should be from a larger population than just SMARTMoraga members.
Councilmember McCluer pointed out that SMARTMoraga and PLOS represented hundreds of people in their groups.
ACTION: It was M/S (Onoda/McCluer) to approve by Motion the Town Manager Recruitment Marketing Brochure, with modifications as noted; and approve by Motion the Executive Recruiter's Timeline for the Recruiting and Hiring Process. Vote: 5-0.
Mayor Woehleke thanked the Vice Mayor for a great job, who thanked the Town Council for its comments.
B. Annual Storm Drain Repairs Report
Town Council Regular Meeting 9 November 9, 2022
Receive and Accept the Basis of Design Report for the 2021-2023 Annual Storm Drain Repairs Project (CIP 21-205); and Provide Staff with Direction on the Implementation of Proposed Storm Drain Pipe Projects
Town Manager Battenberg introduced the item, commented on the volume of work done on the Town's storm drains with the American Rescue Plan Act (ARPA) funds allowing the opportunity to make some significant headway to prevent future failures.
Public Works Director/Town Engineer Shawn Knapp introduced Elizabeth Reyes with Harris & Associates, who had created the Basis of Design Report for the Annual Storm Drain Repairs Report. He provided a PowerPoint presentation on the Town-Maintained Storm Drain System, which included seven residential zones and 20.8 miles of storm drain pipelines consisting of 88 percent reinforced concrete pipe (RCP), seven percent corrugated metal pipe (CMP), 15 percent polyvinyl chloride (PVC) or high-density polyethylene (HDPE), which ranged from 10 inches to over 12 feet in diameter. There was around eight miles of privately maintained storm drain pipelines through several of the parcels.
Mr. Knapp highlighted the major storm drain program efforts and proactive Capital and Maintenance Plan, which included the 2022-2024 Pavement Rehabilitation Projects and the 2021- 2023 Storm Drain Repair Project Town-wide. He also provided an overview of the CCTV inspection equipment process resulting in the preparation of reports and the Operations and Maintenance (O&M) Defect Grades Scale, with the structural and O&M defects within a pipe graded from 1 to 5, increasing in severity, with 5 being the most significant, along with an overview of the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP) Conditional Grading System. Examples were provided of the structural defect grades.
Mr. Knapp also highlighted the storm drain inspection results which included 180 pipe segments, with 27 percent of the system having been CCTV inspected, with significant maintenance cleaning needed for 3,089 linear feet which had been cleaned; 2,303 linear feet had been scheduled to be cleaned and 66 percent of the inspected storm drain pipes (60 segments) had Grade 3 or higher deficiencies and were in need of repairs.
Photographs and details were provided of the Hacienda Storm Drain Repair; Moraga Road Storm Pipe CIPP Lining; and with the Basis of Design recommendations as follows:
Repair Storm Drain Pipes with Grade 3 or Higher Deficiency Design Repairs for 22 Pipe Segments at an Estimated $1,353, 170 (construction) Points Seven Point Repairs in Pipe
Four Invert Paving Bottom of Pipe
Five Install New Pipe Liner
Three Remove and Replace Pipe Completely
Three Heavy Cleaning and Re-inspect Pipe
• 3,203 Linear Feet Additional Heavy Cleaning (ongoing) • 38 Pipe Repair Segments had been deferred. The estimated construction cost (excluding design) is $1,613,830 NPV.
Mr. Knapp recommended the Town Council receive and accept the Basis of Design Report for the 2021-2023 Annual Storm Drain Repairs Project (CIP 21-205) and provide direction to staff, if any, on the implementation of the Proposed Storm Drain Pipe Projects List.
In response to questions from the Council, Mr. Knapp, and Ms. Battenberg clarified the following:
Town Council Regular Meeting 10 November 9, 2022
• Given storm drains were used on a continuous basis they experienced deterioration. As part of the program being proposed, almost half of the pipes being recommended for repairs would be addressed through this single project. There was another section that may possibly be funded in the future for the Town to be ahead of the game, but the Town was heading in a positive direction. (Onoda).
The Basis of Design recommendations were again detailed for the first $1.3 million worth of construction projects, as described, with the recommendations based on the scores.
The next group of repairs involved $1.6 million of additional work that had been identified, as described (public storm drains not private storm drain systems). (McCluer) • This project would specifically address all of the corrugated steel pipes to be videotaped as the first priority, with subsequent priorities the largest of the other pipes that would have the potential for catastrophic failure, and when getting into the smaller and smaller pipes there would be fewer catastrophic failures. The Town could then start with the larger pipes combined with the pavement projects where the potential for damage and catastrophic failure would get smaller and smaller as the pipe size was smaller and smaller. The most critical portion of the system amounting to 30 percent had been reviewed, but there were other pipes that would be monitored as part of the program after the identified repairs are completed. Ideally, the Town would need some minimal level of effort to make sure the pipes continued to be sound. (Woehleke).
• As funding became available and as the Town completed the Worst First Streets project in 2025, the Town may be able to shave off some of the funding from Measure K and direct it to the Town's storm drains. (Woehleke)
• Combined with recent pavement projects, a little over 35 percent of the Town's system had been inspected and repaired but in previous years there had been projects that involved reconstruction and under those streets with pavement the pipes had been inspected and repaired. Currently, around 45 percent of the Town's system had been inspected and repaired if including the pipes currently under discussion. (McCluer) • Staff confirmed that if the Town had an ongoing funding stream of $500,000 for storm drains, that would address the Town's storm drain system. (McCluer)
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
Councilmember Onoda thanked the Public Works Director/Town Engineer and his team. She had lived through two sinkholes in the Town and did not want to see that happen again.
Councilmember Makker echoed the comments and appreciated the photographs provided of all work that had been done.
Councilmember McCluer commented that when he had become a member of the Town Council four years ago, storm drains had been "the issue," the Town Council did not have a report on the status of the system or discussions to address the magnitude of the issue. Once a report had been provided in 2019, it had presented facts for fact-based decisions. He found the Town had come far, found the 2019 report to be one of the major accomplishments of staff, and as the Town continued to make progress and obtain funding to address the issues, the current report validated all of the hard work done thus far, with staff halfway through the Town's pipe system. He Town Council Regular Meeting 11 November 9, 2022
suggested staff had a good handle on the situation and found the Town Council had been kept informed with regular updates, which he appreciated. He emphasized staff had done an excellent and outstanding job on this effort.
Vice Mayor Sos agreed and appreciated the staff efforts which had been impressive and reassuring; the response to the issue had been refined and reprioritized and based on available funding and what had been identified in the field had given her confidence the Town was being fiscally responsible. She found staff had built strong credibility that allowed the Town Council to make good decisions, which she appreciated.
Mayor Woehleke also agreed with many of the comments and while he found that storm drains had been a success story, that story was incomplete. He appreciated the support from Harris & Associates which was critically important. He expressed concern that with road repairs, residents readily saw when the roads were degraded and experienced potholes and the like, while storm drains were a hidden liability and risk, with many residents only understanding the consequences of a sudden sinkhole, but this program needed to be continued and while the Town had a robust revenue stream from Measure K for roads, that revenue stream might not be a potential source of funding for storm drains.
Mayor Woehleke asked the Town Council to start thinking about longer-range options, such as whether the Town had access to Measure K funds and what that meant for the road program if the projections and experience with Measure K showed a shortfall and where stakeholder engagement with citizens would be needed for the Town to have the funds to do what needed to be done.
Mr. Knapp stated the intent was to go out to bid for the project in the spring of 2023 for a summer project. Harris & Associates was waiting for the okay to move forward on the next steps. He thanked the Town Council for being steadfast and trying to find funding to make this work.
Councilmember McCluer understood once the Town completed the Worst First Streets Project, the expectation was there would be sufficient funding from Measure K, garbage and gas taxes to fund roads, storm drains and asset replacement on a sustainable basis. He agreed with the Mayor that needed to be validated and the Town Council needed to continue to get information, but with Measure K increasing and once the Worst First Street Project was complete, it looked promising.
Mayor Woehleke declared a recess at 8:22 p.m. The Town Council meeting reconvened at 8:32 p.m. with all Councilmembers present.
C. Proposed Moraga General Plan Amendments
Receive Report on Proposed Moraga General Plan Amendments and Safety Element Amendments to be Included as Part of the Housing Element Adoption in January 2023
(CEQA Determination: A Program Level EIR has been prepared for the Comprehensive Advanced Planning Initiative, including the General Plan Amendments)
Planning Director Afshan Hamid explained that the item before the Town Council was an informational item to receive a report on the Proposed Moraga General Plan Amendments and Safety Element Amendments to be included as part of the Housing Element adoption in January 2023. The draft report had been reviewed by the Moraga-Orinda Fire District (MOFD) with respect to comments regarding the Safety Element and in consultation with the Town Attorney's Office, and the report had been presented to the Planning Commission as an informational item on October 25, 2022.
Town Council Regular Meeting 12 November 9, 2022
Ms. Hamid provided a PowerPoint presentation which included an overview of the Comprehensive Advanced Planning Initiative, which included the 2023-2031 Housing Element required by state law to be updated every eight years; General Plan Amendments; Bollinger Canyon Rezoning; Program-Level Environmental Impact Report (EIR), as required as part of the Housing Element; and zoning and objective standards to implement the Housing Element. The 6th Cycle Housing Element was a required update in order to address the Town's Regional Housing Needs Allocation (RHNA) of 1,118 new units. The Town was not required to build but to zone for those units. Of the total number of units, 501 must be affordable to Low Income households.
The focus of this discussion would be the General Plan Amendments. The Town's General Plan had been adopted in 2002 and had been amended infrequently. General Plan horizons were typically 20 years even if values and goals stayed constant, could be amended a few times a year, with the state recommending the General Plan be updated every 20 years. Due to the Housing Element and number of changes in state laws, it was recommended the General Plan be updated throughout and be an internally consistent document.
Barry Miller, Barry Miller Consulting, continued the PowerPoint presentation on the General Plan Consistency Amendments and clarified this was an informational presentation and no action was being asked of the Town Council. He again provided an overview of the Advanced Planning Initiative, as described by Ms. Hamid and with certain actions required to be taken by January 1, 2023 in order to comply with state law. Other actions that were also time sensitive but did not have to meet the January 1, 2023 deadline included zoning and objective design standards to implement the Housing Element, particularly for the Moraga and Rheem Center Areas.
Mr. Miller highlighted the Moraga General Plan that had been adopted in 2002 but amended infrequently. He reiterated that plan horizons were typically 20 years even if values and goals remained constant, and the plans must be internally consistent between the elements of the plan.
The General Plan may be amended every four years and had last been adopted in 2010 as part of the Moraga Center Specific Plan (MCSP) amendments, in 2015 as part of Housing Element amendments, and in 2018 as part of the Hillside and Ridgeline amendments.
The General Plan was comprised of eleven chapters and appendices including introduction, values, land use, community design, housing, circulation, open space, safety, community facilities, growth management and an action plan. The proposed General Plan two-phase update would be comprised of Phase One, new Housing Element and changes to meet state law and keep the plan internally consistent; and Phase Two, the scope to be determined, but maintain values and vision of the 2002 General Plan, evacuation analysis, refresh other elements and 2022 Environmental Impact Report (EIR), which provided the California Environmental Quality Act (CEQA) baseline.
The Phase One General Plan Amendments had been characterized as consistency amendments, housekeeping/clean-up amendments, Circulation and Safety Element amendments, Bollinger Canyon amendments and CEQA-related amendments (EIR mitigation measures), and all of the General Plan Amendments for each of the categories identified were highlighted and detailed at length in the PowerPoint presentation and in the November 9, 2022 staff report. The CEQA related amendments included stationary noise source which refers to noise from mechanical equipment on buildings including HVAC systems.
The Planning Commission had reviewed the General Plan Amendments on October 25, 2022 and had provided feedback. There had been no comments from the public at the meeting.
Mr. Miller identified the next steps which included the incorporation of Town Council and public feedback with a clean version of the document to be produced with accepted changes. The Town Council Regular Meeting 13 November 9, 2022
Planning Commission recommendation on the General Plan Amendments would involve a public hearing in January 2023 along with the Housing Element, EIR, and zoning amendments for Bollinger Canyon. The Town Council would be asked to take action on the documents during meetings scheduled for January 18 and January 25, 2023, and other activities would proceed in the intervening period to include responses to comments from the Department of Housing and Community Development (HCD) and on the Final EIR.
Responding to questions from the Town Council, Ms. Hamid, Ms. Battenberg, Mr. Miller and Ms.
Bazzano clarified the following:
Acknowledged concerns that the EIR for the Comprehensive Advanced Planning Initiative was a dense and difficult document to follow. The EIR would be considered by the Town Council at a Special Meeting scheduled for November 16, 2022. Staff welcomed any general comments on the document at that time. Public comments would also be accepted pursuant to state requirements. Staff would respond to the comments to be included in the Final EIR. The Planning Commission had received an informational presentation on the EIR on November 7, 2022. The intent of these meetings was to inform the public. Public comment would continue to be received during the 45-day comment period on the EIR. (Mayor Woehleke)
• The presentation on the EIR could be geared so that the discussion was on the high level areas and narrowed down so that the Town Council understood how all of the pieces would fit. The staff report for the November 16 Town Council meeting had been distributed this date. (Vice Mayor Sos)
• Attachment A, Draft Redlines General Plan with Proposed Text Amendments (November 1, 2022 version), Page 3-7, Land Use, LU1 Residential Areas, LU1.16 Development in Bollinger Canyon, was clarified. In terms of how a project was designed to work with existing neighborhoods and residential uses could be determined at this time, but when an application was submitted that would be the time when that could be analyzed in the context of everything else that must be analyzed. The focus now was to ensure good policies in place. The entire Bollinger Canyon Area was over 400 acres in size and at this point staff did not want to design through policy. (McCluer) • Page 3-5, Land Use, LU1 Residential Areas, LU1.11 Cluster Housing to Protect Open Space and Page 3-6, LU1.15 Development on Residential Parcels, were also clarified, and were land use provisions that applied Town-wide and included Bollinger Canyon. (McCluer)
• Staff would return as part of Phase Two with an evacuation analysis to be part of the General Plan Update, to be incorporated into the General Plan Amendments with funding being sought to carry out that effort. (Makker)
• The General Plan Amendments at this time focused on what must be done pursuant to state law and to ensure consistency with the Housing Element and anything that came out of the EIR. Phase Two would include a refresh and ensure all policies were relevant along with a discussion with the community as to whether the current policies did or did not work. (Makker)
• For the purposes of the CEQA analysis, Level of Service (LOS) was no longer the basis for finding a significant impact but if there was a safety issue that resulted from vehicles backed up for miles, as an example, that would be a CEQA issue. Congestion in general or the failure of an intersection to meet the LOS would no longer be significant. LOS would Town Council Regular Meeting 14 November 9, 2022
still be considered as part of a traffic impact study for a specific development or traffic planning at a Town-wide level. (Vice Mayor Sos)
MOSO Open Space Lands, was clarified, with most of the text that was not redlined identified as current language. The redlined edits were as shown and staff would have to look at the impact of including those text changes in this section and bring it back as part of Phase Two. This section only applied to MOSO Open Space Lands and would not apply to anything that had a residential designation. Concern for the basis for placing a Very High Fire Hazard Severity Zone designation forever on the land regardless of whether it was in the future, was something staff would revise to ensure that was in the Safety Element and staff was not being duplicative. (Mayor Woehleke) • As to whether Rural Residential or any other zone in the Town were to be designated a Very High Fire Hazard Severity Zone, and whether the land could be zoned 1 in 20, there was a process that would be required for the Town to undertake the rezoning of a certain property to be analyzed pursuant to current state law. (Onoda) • The Very High Fire Hazard Severity Zones focused on what areas needed mitigation measures to allow for construction in a safe manner. Under MOFD codes, the Very High Fire Hazard Severity Zones provided mitigation options for construction and the building codes offered mitigation options for construction, which clarification that projects could still be developed. In terms of the zoning, staff would look at what the General Plan was trying to achieve, what state law required, and look at that holistically if trying to allow for building in certain areas. Imposing more conditions that restricted building would be counterproductive with what the Town was trying to achieve with the General Plan. (Onoda)
• Staff acknowledged concerns the notion of High Risk was a MOSO concept and whether it belonged in the General Plan Amendments and the Very High Fire Hazard Severity Zones, and whether to the extent there was any latitude in the context of the zoning or development to allow exceptions versus where the Town was constrained by state law, were things that staff should look at as part of the next iteration. (Vice Mayor Sos) • Questioned once a site had been designated a Very High Fire Hazard Severity Zone, whether it could be changed. (Mayor Woehleke)
Ms. Battenberg reiterated that as staff had suggested for the sections under discussion, any redlined edits made to these sections would be removed, and the sections would be left as is, to be addressed as part of Phase Two in a comprehensive approach given the tight timeline.
Ms. Hamid confirmed that discussion would be held as part of Phase Two. • Page 8-3, 8. Public Safety, S1.13 High Risk Areas, the redlined edits and the reference to Figure 4 of the Safety Element Appendix had been struck since it was not a document easily located and not available online. The Moraga Municipal Code (MMC) and Open Space Ordinance encompassed a document that included guidelines for interpreting the ordinance along with a map of the High Risk Areas, with this section pointing the reader to the map and that source. (McCluer)
• Page 8-3, 8. Public Safety, S1.13 High Risk Areas, was recommended to be further amended to read: High Risk Areas. Prohibit development in "high risk" areas as defined by the Moraga Municipal Code and MOSO Open Space Ordinance. (Onoda) Town Council Regular Meeting 15 November 9, 2022
• Page 11-10, B. Ordinances, IP-C8 Fee Waivers/Deferrals and Expedited Permit Processing was clarified. There were no plans for "fee reductions" and that change would be made to the second sentence of this section. (McCluer) • Page 3-9, Land Use, LU1 Residential Areas, LU2.8 Home-Based Occupations, the policy was acknowledged to be poorly written. People may work from home, but the issue was Home-Based Occupations which may impose traffic impacts to surrounding properties and staff would clarify the policy so that it would be clear. There were other areas of the document where there should be more recognition of how work habits had changed but that could be part of Phase Two. (Vice Mayor Sos)
PUBLIC HEARING OPENED
Mayor Woehleke read into the record the following correspondence:
Dave Bruzzone, Dear Mayor Woehleke and Town Council: I'm not sure I'll be able to attend tonight's meeting, if I'm not there please read my comments into the record. First, the pace of this CAPI, is unreasonable and daunting. These proposed GP changes haven't been discussed previously and we've just received the DEIR just over a week ago. This plan also states that this Plan will be a two phase process, Phase 1 occurring now and adopted before the end of January 2023, and the second phase scheduled sometime between 2023 and 2024. Phase Two is "intended to review policies and programs to ensure that they continue to reflect local priorities, issues, and values." Frankly this is unreasonable and allows manipulation of the General Plan after our review and comments. Also we, and everyone else, have no idea what we'll be approving or modifying after the January 2023 deadline. People have no idea what the evolution of what was supposed to be the Rheem Center Specific Plan into the "Public Realm Plan" will look like and entail. . The Town hasn't even corrected the modifications and new constraints imposed on the MCSP during its implementation program in 2020 and now we're talking about a new plan? Please delete and/or correct the proposed modifications: Using VMT and continuing the use of LOS standards. MCSP was analyzed and approved with a certified EIR. Projects within those MCSP's boundaries are exempt and shouldn't be forced to fund added traffic studies which will involve more time and new uncertainties. New projects outside the MCSP shouldn't be forced to address both VMT and LOS scrutiny and costs. We shouldn't be pushing new policies encouraging "reduction in VMT" when most people currently have no idea what and how VMT works. Using the condition of a Very High Fire Hazard Severity Zones (VHFHSZ) to apply new development restrictions that will lower the Land Use density of certain properties to no greater than 1 dwelling unit per 20 acres. See modification to LU1.6. Application of new land use and zoning to Bollinger Canyon parcels most notably the Bruzzone Bollinger Valley (BV) parcels, which comprise approximately 186 acres to the 423 acre total. History shows that Moraga's first GP and Town actions has improperly designated our BV property "Study" while allowing adjacent parcels to be subdivided and developed.
Meanwhile our 186 acres has been in a "stasis" mode, with "no land use category assigned to distinguish between allowable levels of intensity and allowable uses". Furthermore it denied our application for a General Plan amendment, and a Conceptual Development Plan, which included a broad range of Project Alternatives all the way down to 8 lots or less. Town is now attempting to place a new unique Rural Residential (RR) Land use, which is in effect a new land use designation of no greater than 1 unit per 5 acres, and just recently adopted new GP policies uniquely applied to our property, to further restrict development. Treating us in a different manner than other Town parcels and has allowed inappropriate and inconsistent application of rules to our property. The number of possible lots isn't enough to make a development economically feasible considering the infrastructure improvement and utility costs (water, sewer, electric, etc.).
I appreciate your attention on this matter. Sincerely, David Bruzzone.
Town Council Regular Meeting 16 November 9, 2022
In response to Mr. Bruzzone's letter, Mr. Miller clarified the Comprehensive Advanced Planning Initiative had been referenced in the letter as CAPI. As to the comments about the restrictions being uniquely applied to one property, the General Plan Amendments would apply to multiple properties within the study area, and it would not just be applied to one property but the area of 270-acres being rezoned to Rural Residential.
Ms. Hamid added that Vehicle Miles Traveled (VMTs) was a new state law enacted in 2020, and the Town must include VTs as part of the Comprehensive Advanced Planning Initiative.
Mr. Miller further added that the Moraga Center Specific Plan Area (MCSP) projects would be mostly exempt from VMT requirements since the MCSP Area was in a low VMT area and an area where the Town wanted to attract developers to build housing, which generated fewer trips and miles, with exemptions for projects in the area. He added that he and staff would be more than happy to meet with Mr. Bruzzone to address his concerns.
Councilmember McCluer asked staff to meet with Mr. Bruzzone to discuss his letter.
PUBLIC HEARING CLOSED
Vice Mayor Sos thanked staff and the consultants for Phases One and Two with a focus on Phase One prior to the end of January and Phase Two after that. She also appreciated how staff and the consultant had provided something digestible and in pieces that could be managed. She explained that her comments had been presaged by her questions. She urged harmonization of the Very High Fire Hazard Severity Zone, the MOSO language whether to be included or not, and to make sure there was consistency that was logical and made sense. She was uncertain Moderate risk areas had the same issues. She suggested there could be some permissiveness to create carve outs or exceptions for Very High Fire Hazard Severity Zones from some of the mandates and making sure they were fully availing themselves of that opportunity in the context of public safety.
Mayor Woehleke referenced Attachment A. Page 8-2, 8. Safety, S1.7. Communication Resiliency and emphasized the need for a report on the resiliency of communication for the residents of the Town, which should come from the operators of the cell systems in that residents would go to their cell phones in the event of a major incident, which needed to be addressed as part of this Councilmember Makker commented the references to single-family housing and the outright prohibitions should be called out since addressing that in not just a cosmetic way and changing references was important to be able to create opportunities for different types of housing, and while it had been reflected it was important to bring that up, not just as a cosmetic change but that the General Plan was being written in such a way that made it clear about different opportunities and types of housing beyond single-family housing. She wanted to dig more into the evacuation analysis and was pleased that had been slated for Phase Two. She appreciated everything that had been done to pull in all previous decisions into one document.
Councilmember Onoda thanked everyone for their work on the document. Having served on the Planning Commission and the Town Council she recognized the tremendous amount of work done by Town staff. She also recognized that having this document be not just about single- family homes was important.
Councilmember McCluer referenced Page 5-1, 5. Housing, and suggested a modification to the last sentence of the second paragraph under this section, to read:
The Housing Element provides zoning for substantial increase in housing units with a variety of housing types for all income levels. (Very Low to Above Moderate). Additionally.
Town Council Regular Meeting 17 November 9, 2022
tools such as an inclusionary housing ordinance and a relaxing of certain constraints as appropriate have been implemented.
Councilmember McCluer stated he would provide that text amendment in writing to staff. He also suggested that given the discussion, staff should take a deeper look at the implications of the Very High Fire Hazard Severity Zone designation. He recognized the General Plan was the most important document in the Town and he thanked Town staff and the consultant for their work to ensure internal consistency, and thanked Town staff for doing an excellent job. He also liked the ability for the Town Council to provide its input on more than one occasion.
Councilmember Makker left the meeting at 9:30 p.m.
Mayor Woehleke also recognized the General Plan was a key document for the Town, included interconnecting pieces, hoped the review by the Planning Commission and Town Council provided some quality control or consistency, and hoped that had been of some value to staff as part of the final effort. He too thanked staff for the excellent work.
Mr. Miller also thanked the Town Council for its feedback. In response to earlier comments that the EIR was a dense and difficult document to follow, he noted that there was an Executive Summary in the EIR that outlined what needed to be known and the path forward and he would encourage anyone who did not have the time to read the entire document to focus on the Executive Summary.
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 (Onoda/McCluer) to adjourn the meeting at 9:35 p.m. Vote: 4-0-1.
Absent: Makker.
Respectfully submitted by:
ash Ahar
Yashin Abbas, Interim Town Clerk
Approved by the Town Council:
Kathus
Renata M. Sos, Mayor
Town Council Regular Meeting 18 November 9, 2022