TOWN OF MORAGA
REGULAR MEETING
November 8, 2023
MINUTES
6:30 p.m. Regular Meeting
The following are minutes of the actions taken by the Moraga Town Council A full video recording of the meeting is available on the Town's website at https://livestream.com.moraga
Council Chambers
335 Rheem Boulevard, Moraga, California 94556
(Please Note: There was no sound for the audio for the meeting until Item 5.)
CALL TO ORDER
The regular meeting was called to order at 6:34 p.m. by Mayor Renata Sos.
ROLL CALL
Councilmembers present: Mayor Renata Sos, Vice Mayor Teresa Onoda and Councilmembers Kerry Hillis, David Shapiro and Steve Woehleke Councilmembers absent: None
2. PLEDGE OF ALLEGIANCE
3. SPECIAL ANNOUNCEMENTS
Mayor Sos reported the Town Council had met in Closed Session prior to the meeting to conduct the performance evaluation of the Town Attorney. There was no reportable action from the Closed Session.
4. PROCLAMATIONS AND PRESENTATIONS
A. Municipal Pooling Authority (MPA) Fall Walking Challenge 2023 Results The Town Council recognized Cathy Ghiselli as the First Place Winner of the Municipal Pooling Authority (MPA) Fall Walking Challenge for 2023.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
B. Proclamation Declaring the Week of November 12 to 18, 2023 as United Against Hate Week in the Town of Moraga
The Town Council read into the record a proclamation declaring the week of November 12 to 18, 2023 as United Against Hate Week in the Town of Moraga.
Town Council Regular Meeting 1 November 8, 2023
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
5. PUBLIC COMMENTS AND SUGGESTIONS
None.
6. ADOPTION OF CONSENT AGENDA
A. Acceptance of Consent Items
Consent Item 6.1 was removed from the Consent Agenda to be continued since some pages were missing from the Accounts Payable report. Item 6.2 was pulled for discussion.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
6.1 Receive Accounts Payable Claims for: 10/20/23 Continued to future meeting ($233,340,04); 10/20/23 ($433.75)
6.2 FY 2022-23 Pavement Rehabilitation Project Completion Pulled for Discussion Consider Resolution 68-2023 Accepting Improvements for
the FY 2022-23 Pavement Rehabilitation Project (CIP 22-401) as Completed by DaSilva Gates Construction, Inc. (Dublin, CA) and Authorizing the Town Manager to Execute the Certificate of Completion and the Town Engineer to Record the Resolution of cceptance with the Certiticate of Completion with the Contr Costa County Recorder's Office (CEOA Status: Categoricall Exempt
B. Consideration of Consent Items Removed for Discussion FY 2022-23 Pavement Rehabilitation Project Completion
Consider Resolution 68-2023 Accepting Improvements for the FY 2022-2 avement Rehabilitation Project (CIP 22-401) as Completed by DaSilv Gates Construction Inc. (Dublin, CA) and Authorizing the Town Manager to Execute the Certificate of Completion and the Town Engineer to Record the Resolution of Acceptance with the Certificate of Completion with the Contra Costa County Recorder's Office (CEQA Status: Categorically Exempt)
Councilmember Woehleke had pulled the item from the Consent Agenda to thank the Public Works Department for its hard work.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
Town Council Regular Meeting 2 November 8, 2023
ACTION:
Motion: Woehleke / Second: Onoda
Continue Consent Agenda Item 6.2 to a future date uncertain and adopt Resolution 68-2023 Accepting Improvements for the FY 2022-23 Pavement Rehabilitation Project (CIP 22-401) as Completed by DaSilva Gates Construction, Inc. (Dublin, CA) and Authorizing the Town Manager to Execute the Certificate of Completion and the Town Engineer to Record the Resolution of Acceptance with the Certificate of Completion with the Contra Costa County Recorder's Office (CEQA Status: Categorically Exempt).
Vote: 5-0
ADOPTION OF MEETING AGENDA
ACTION:
Motion: Onoda / Second: Hillis
Adopt the meeting agenda, as shown.
Vote: 5-0
8. REPORTS
A. Town Manager
Town Manager Scott Mitnick reported the State of the Town Address would be presented by the Mayor on December 13, 2023 at the Soda Center at St. Mary's College (SMC) from 11:30 a.m. to 1:30 p.m., and on that same date the Town Council reorganization would occur the night of December 13; the restrooms at Commons Park would be demolished starting on December 4 with new restrooms installed on December 13; the Rancho Laguna Park fitness zone was under construction with concrete to be poured this week, and the Parks and Recreation Activity Guide would go to the printer in the next week.
B. Mayor's and Councilmembers' Reports
Councilmember Hillis reported he had attended a RecycleSmart rate setting meeting, and he would accept the game ball at the SMC Homecoming Basketball Game scheduled for November 12, 2023.
Councilmember Woehleke reported he had attended the Staff Appreciation Luncheon.
Vice Mayor Onoda had also attended the Staff Appreciation Luncheon hosted by the Moraga Citizens Network (MCN) and other service organizations.
Mayor Sos apologized for being unable to attend the Staff Appreciation Luncheon due to another commitment but expressed her appreciation to the hard work of Town staff, the MCN and all the service organizations that had supported the luncheon. She reported that Veterans Day would be celebrated on Saturday, November 11, 2023 at Commons Park from 9:00 a.m. to 10:00 a.m. in front of the flag pole and would include a number of dignitaries. She had also participated in a RecycleSmart rate setting meeting and the Mayors' Conference in the City of Brentwood and highlighted a presentation from the Mt. Diablo Interpretative Association about its fundraising campaign to build a new Visitor's Center at Mt. Diablo State Park, with more information available at www.mdia.com.
Town Council Regular Meeting 3 November 8, 2023
PUBLIC HEARINGS
A. Hauling Permit Ordinance
Consider Waiving the First Reading and Introducing an Ordinance Repealing and Replacing Section 14.04.040, "Applications-General" and Amending Hauling Permit Requirements in Moraga to Authorize the Town Engineer to Approve Hauling Permits
Public Works Director/Town Engineer Shawn Knapp presented the staff report. The Town Council was asked to waive the first reading and introduce the ordinance as proposed Assistant Town Attorney Denise Bazzano clarified that the revisions to the Hauling Permit Ordinance.
Responding to questions from the Council, Mr. Knapp and Ms. Bazzano clarified the appeal clause with the administrative process had already been codified, although a cross reference to the administrative process could be included for appeals in the Hauling Permit Ordinance.
Staff also clarified that guidelines were provided to applicants when applying for hauling permits and while it may not include the specific appeal language under discussion, the informatior included standard language with a set procedure for appeals to be considered by the Towr Council.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
ACTION:
Motion: Woehleke / Second: Shapiro
Waive the First Reading and Introduce an Ordinance Repealing and Replacing Section
14.04.040, "Applications-General" and Amending Hauling Permit Requirements in Moraga to Authorize Town Engineer to Approve Hauling Permits, with the project exempt from the California Environmental Quality Act (CEQA) as shown in the November 8, 2023 staff report.
Vote: 5-0
B. 2023 Zoning Code Update Ordinance
Consider Waiving the First Reading and Introduce an Ordinance Amending Various Chapters and Sections of the Moraga Municipal Code, Title 8, Planning and Zoning; and Adopting Resolution 69-2023, Amending the Moraga Design Guidelines, Appendix D, to Remove the Floor Area Ratio (FAR) Guidelines that are Relocated to Chapter 8.21 of the Moraga Municipal Code; and Finding the Proposed Ordinance Exempt from the Provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et. seq) (CEQA) Pursuant to Section 15378
Planning Director Afshan Hamid introduced the item and Associate Planner Mio Mendez provided a PowerPoint presentation on the 2023 Zoning Code Update Ordinance. The Town Council was asked to waive the first reading and introduce the ordinance as proposed.
Responding to questions from the Council, Ms. Hamid and Mr. Mendez answered questions regarding conditions of approval. Ms. Hamid and Mr. Mendez clarified the Town did not have a landscape architect or landscape person on staff and staff would ask the applicant to ensure compliance with conditions via a Certified Landscape Architect subject to a certified letter.
Town Council Regular Meeting November 8, 2023
Minor updates were being tracked by staff, with staff to return to the Town Council with proposed language to address any minor corrections. Staff welcomed any additional comments from the Town Council in writing that could be incorporated into the next round of changes.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
Councilmember Woehleke walked through a number of questions he had with some of the redline revisions in Attachment F. He clarified with staff that while the statement could be broader this was the first review of the Zoning Code and staff preferred to consider a FAR formula.
The consensus of the Town Council was to move forward, with staff to recalculate the statement in Section 8.21.050, as discussed.
Mayor Sos thanked Planning Department staff and the unanimous recommendation from the Planning Commission which had vetted and studied the revisions to the Zoning Code making the Town Council's job easier.
ACTION:
Motion: Onoda / Second: Shapiro
Waive the First Reading and Introduce by title only, an Ordinance Amending Various Chapters and Sections of the Moraga Municipal Code, Title 8, Planning and Zoning; and Adopting Resolution 69-2023, Amending the Moraga Design Guidelines, Appendix D, to Remove the Floor Area Ratio (FAR) Guidelines that are Relocated to Chapter 8.21 of the Moraga Municipal Code; and Finding the Proposed Ordinance Exempt from the Provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et. seq) (CEQA) Pursuant to Section 15378 Vote: 5-0
10. ORDINANCES, RESOLUTIONS AND REQUESTS FOR ACTION
A. Comprehensive Advanced Planning Initiative General Plan 2040 Provide Direction on the Comprehensive Advanced Planning Initiative General Plan 2040 Guiding Principles
(CEQA Status: The Final Environmental Impact Report (EIR) for the Comprehensive Advanced Planning Initiative was certified by Town Council on January 25, 2023 - State Clearinghouse No. 2022020106. CEQA analysis for Phase I/ will be conducted as part of the Phase Il scope of work.) Planning Director Hamid introduced the item. Barry Miller, Barry Miller, Consulting provided a PowerPoint presentation on the Comprehensive Advanced Planning Initiative General Plan 2040 Guiding Principles. Input from the Town Council was encouraged.
PUBLIC COMMENTS OPENED
Mayor Sos read into the record written comments from resident Mike McCluer, dated November 8, 2023.
PUBLIC COMMENTS CLOSED
Town Council Regular Meeting 5 November 8, 2023
Councilmember Shapiro stated he had provided recommended revisions to Guiding Principles 1, 4, 6 and 11 in writing to the Planning Director, which he highlighted at this time.
Councilmember Hillis spoke to Guiding Principle 5, 6, 7 and 10.
Councilmember Woehleke supported the draft Guiding Principles in general. He made suggestions on guiding principles 4, 6, 7 and 12.
Vice Mayor Onoda agreed with most of the comments provided by the Council. With respect to "parking" she suggested that was not a guiding principle. She recommended a statement about sustainability and designing for excellence for the future should be inserted into Guiding Principle 4 and wherever possible.
Mayor Sos spoke to Guiding Principle 7 and noted the Town could not provide an efficient transportation system since that was not in the Town's toolbox or purview and she recommended that language be stricken and provided feedback on Guiding Principle 6.
The consensus of the Town Council was that parking not be included in the Guiding Principles.
Mr. Miller advised there would be policies in the General Plan on parking and it would not be lost as a concept.
Councilmember Hillis recused himself from the discussion for Item 10B, Laguna Creek Restoration Project Phase 2 since he lived within 500 feet of the project area.
B. Laguna Creek Restoration Project Phase 2
Consider Resolution 70-2023 Amending the Professional Services Agreement with BKF Engineers (Walnut Creek,) for the Laguna Creek Restoration Project (CIP 22- 202) and Authorizing Phase 2 (100% Design, Bid, Support and Construction Engineering Support) to Proceed
(CEQA Status: The project falls under the Adopted Initial Study and Mitigated Negative Declaration on September 22, 2021)
Public Works Director/Town Engineer Knapp provided a PowerPoint presentation on the Laguna Creek Restoration and Flood Protection Project, and asked the Town Council to adopt the proposed resolution.
Responding to questions from the Council, Mr. Knapp clarified the details of the risk analysis and different levels of impacts; total cost of the project and available funding with the actual price unknown until Phase 2 of the project had gone out to bid and there was a budget for the project.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
Councilmember Woehleke detailed the history of the project which had started in 2014. He also asked whether a reduced scope could be considered and expressed concern with current economic conditions.
Vice Mayor Onoda was uncertain of the impacts of reducing the scope for the project, but suggested the Town Council should consider options to further the project, consider whether the project was a priority and whether the Town Council should consider something else.
Town Council Regular Meeting 6 November 8, 2023
Councilmember Shapiro supported the resolution as proposed, with staff to consider alternative plans/funding.
Mayor Sos recognized the project had been ongoing for years but it was relevant given recent damage from flooding. She suggested the project fit the objective in terms of providing the public with the best and highest quality of natural resources and parks.
ACTION:
Motion: Onoda / Second: Shapiro
Adopt Resolution 70-2023 Amending the Professional Services Agreement with BKF Engineers (Walnut Creek, for the Laguna Creek Restoration Project (CIP 22-202) and Authorizing Phase 2 (100% Design, Bid, Support and Construction Engineering Support) to Proceed, as set forth in the resolution prepared by staff.
Vote: 4-1 / Recused: Hillis
Councilmember Hillis returned to the dais.
C. Debt Management Policy
Approve Proposed Debt Management Policy
Town Manager Mitnick presented the item and recommended the Town Council approve by Minute Order, the Proposed Debt Management Policy.
The Town Council welcomed Administrative Services Director Lisa Malek-Zadeh to the Town of Moraga.
PUBLIC COMMENTS OPENED
There were no comments from the public.
PUBLIC COMMENTS CLOSED
Councilmember Woehleke reported he had previously discussed the Proposed Debt Management Policy with the Town Manager.
ACTION:
Motion: Woehleke / Second: Hillis
Approve by Minute Order, the proposed Debt Management Policy.
Vote: 5-0
11. DISCUSSION ITEMS
None.
12. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
Councilmember Shapiro asked staff and the Town Manager to consider alternatives to the Hacienda building and how to deal with the risks outlined in the staff report for Item 10B as a future agenda item; however, Mayor Sos advised that was already in process and did not need to be agendized
13. COMMUNICATIONS
Town Council Regular Meeting 7 November 8, 2023
Councilmember Woehleke referenced a letter from the California Department of Housing and Community Development (HCD) approving the Town of Moraga's Housing Element but the letter had not been received by all Councilmembers and had been included on a prior agenda. At this time, the Town Council congratulated everyone involved in the approval of the Town's Housing Element.
14. TOWN MANAGER FOLLOW-UP AND ANNOUNCEMENTS
Mr. Mitnick reported the next meeting of the Town Council would be a Special Meeting on December 6, 2023 and the Audit and Finance Committee (AFC) meeting had been rescheduled from December 4 to December 6, 2023.
Mayor Sos reported the Friends of Moraga Library would hold a Library Opening event from 4:00 to 6:00 p.m. on November 9, 2023. She wished everyone a Happy Thanksgiving.
15. ADJOURNMENT
ACTION: The meeting adjourned at 8:55 p.m.
Respectfully submitted by:
A Denvener
Amy Heavener, CMC
Town Clerk
for Interim Town Clerk, Marty Mcinturf
Approved by the Town Council:
Renata M. Sos, Mayor
Town Council Regular Meeting 8 November 8, 2023