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Minutes

1 - Town Council
April 24, 2024

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Minutes
Meeting
April 24, 2024
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1 - Town Council
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Text extracted from the city's file for reading and search. Open the original on www.moraga.ca.us. That file is the official record.

TOWN OF MORAGA

TOWN COUNCIL REGULAR MEETING
April 24, 2024

MINUTES
6:30 p.m.

The following are minutes of the actions taken by the Town of 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

CALL TO ORDER
The regular meeting was called to order at 6:30 p.m. by Mayor Teresa Onoda.

ROLL CALL
Councilmembers present: Mayor Teresa Onoda, Vice Mayor Steve Woehleke and Councilmember Renata Sos
Councilmembers absent: Councilmembers Kerry Hillis and David Shapiro

2. PLEDGE OF ALLEGIANCE

SPECIAL ANNOUNCEMENTS
There were no Special Announcements.

4. PRESENTATIONS
A. Moraga Education Foundation
Kim Matranga, Executive Director of the Moraga Education Foundation, presented. The presentation provided an overview of the foundation's mission and scope. Ms. Matranga responded to questions and comments from Town Council.

There were no comments from the public.

5. PUBLIC COMMUNICATION
There were no comments from the public.

6. ADOPTION OF MEETING AGENDA
There were no comments from the public.

Town Council Meeting 1 April 24, 2024
ACTION:

Motion: Sos / Second: Woehleke
Adopt meeting agenda.

Vote: (3-0-2)

7. CONSENT CALENDAR
A. Consideration of Consent Items Removed for Discussion Consent Items 7.1 and 7.2 were pulled for discussion.

B. Acceptance of Consent Items

7.1 Approval of Minutes for the September 27, 2023 (Regular) and April 10, 2024 (Regular), meetings of the Moraga Town Council.

7.2 Adopt a Resolution authorizing the change in Section 115 Pension Trust administration services from PARS/U.S. Bank to Shuster Advisory Group LLC/Charles Schwab Trust Bank/Alta Trust Company as Directed Trustee and appointing the Town Manager as the Town's Administrator; and authorizing the Town Administrator to execute the legal and administrative documents as necessary to maintain the Town's participation in the Section 115 Trust.

ACTION:

Motion: Sos / Second: Woehleke
Approve Item 7.1 with corrections to meeting minutes for September 27, 2023 and April 10, 2024.

Vote: (3-0-2)
There were no comments from the public.

ACTION:

Motion: Woehleke / Second: Sos
Approve Item 7.2 as shown.

Vote: (3-0-2)
There were no comments from the public.

8. REPORTS
A. Mayor and Councilmembers
The Mayor and Councilmembers provided updates on meetings they attended along with events and activities in Moraga.

Vice Mayor Woehleke welcomed new neighbors John Corlett and Brooke Schwartz who are new to his neighborhood and were in attendance at the Town Council meeting. Vice Mayor Woehleke reported out on the Moraga/Orinda Fire District meeting and announced there would be neighborhood fire inspections forthcoming.

Councilmember Sos Attended events on Saturday and Sunday recognizing Moraga's Business of the Year (The Child Day School), Non Profit of the Year (Be the Star You Are) hosted by the Moraga Chamber, as well as Citizen of the Year (Wendell Baker), hosted by Moraga Citizens Town Council Meeting 2 April 24, 2024
Network. Councilmember Sos spoke regarding the issue surrounding fire insurance, announced staff and elected officials are working at the State level and provided concerned citizens three things they could do: 1. Participate in the MOFD fire safe initiatives and programs; 2. Contact local representatives; 3. Take advantage of community learning opportunities. Councilmember Sos announced Lamorinda CERT is having a fire safety event on May 13, 2024 at 7pm. Go to the CERT website for more information.

Mayor Onoda remarked on the Moraga Business, Non Profit and Citizen of the year events over the weekend. Mayor Onoda thanked the Moraga Community Foundation for their financial support relating to irrigation and trees in the West Commons and Commons parks, a check was presented to Town Staff by Lisa Maglio. Mayor Onoda also thanked Julie Stagg for hosting a children's art program at the library relating to Monarch butterflies; she announced copies of their artwork are on display at Rancho Laguna Park. Mayor Onoda visited Rheem Elementary's 3rd grade class and spoke to the children about being the Mayor and answered their questions. The Mayor announced that coming up on April 30, 2024 at Haggerty Hall at SMC, there will be a community conversation about the 2040 General Plan hosted by Town Staff. The Mayor encouraged participation at the event. Mayor Onoda also announced the Moraga Art Gallery would be hosting an art competition on May 3, 2024, in attendance will be Congressman DeSaulinier.

B. Town Manager
Town Manager Mitnick gave more detail about the upcoming General Plan meeting on April 30, 2024 at SMC. He also announced the upcoming community meeting pertaining to fire will either be on May 29, 2024 or May 30, 2024, the date is still being confirmed and gave further detail about the meeting: the meeting will be primarily Q&A with attendance from the Fire Chief, Police Chief and an industry expert on fire insurance. Vice Mayor Woehleke asked clarifying questions regarding the content of the April 30, 2024 General Plan meeting, Town Manager, Mitnick provided additional information.

9. PUBLIC HEARING
A. Implementation of Revised Street Rehabilitation Cost Sharing Policy

1. Hold a public hearing to adopt an ordinance to amend the Moraga Municipal Code Title 12, Chapter 12.04, Sidewalks, to incorporate a Revised Street Rehabilitation Cost Sharing Policy and other conforming amendments.

2. Adopt a resolution to amend the FY 2024-2025 Measure K Fund Budget to appropriate $174,780 to reimburse property owners for eligible sidewalk area repair payments.

3. Direct staff to amend existing private property owner reimbursement agreements to allow for repayment of eligible sidewalk area repairs.

Town Manager, Mitnick introduced and presented the item.

Councilmembers asked clarifying questions.

There were no comments from the public.

The Public Hearing was closed by Mayor Onoda.

Councilmembers provided final comments.

Town Council Meeting 3 April 24, 2024
ACTION:

Motion: Sos / Second: Woehleke

1. Adopt an Ordinance (313) to amend the Moraga Municipal Code Title 12, Chapter 12.04, Sidewalks, to incorporate a Revised Street Rehabilitation Cost Sharing Policy and other conforming amendments;

2. Adopt a Resolution (21-2024) to amend the FY 2024-2025 Measure K Fund Budget to appropriate $174,780 to reimburse property owners for eligible sidewalk area repair payments with an update to the reimbursement amount from $174,780 to $200,000; and

3. Direct staff to amend existing private property owner reimbursement agreements to allow for repayment of eligible sidewalk area repairs.

Vote: (3-0-2)

10. ORDINANCES, RESOLUTIONS AND REQUESTS FOR ACTION
B. Street Rehabilitation Construction Contract Award ($5,346,177) to Bay Cities Paving & Grading, Inc. (CIP 23-401 & 24-401)

1. Adopt a resolution awarding a street rehabilitation construction contract to Bay Cities Paving & Grading, Inc. (Bay Cities) of Concord, CA, for the 2023 and 2024 Street Rehabilitation Projects (CIP 23-401 & 24-401) in the amount of $5,346, 177.

2. Authorize the Town Manager to execute the construction contract with Bay Cities.

3. Authorize the Town Engineer to:

A. Issue contract change orders for up to $534,617 (10% of the contract amount) for a total amount not to exceed $5,880,794 ($5,346, 177 plus $534,617).

B. Issue a balancing Contract Change Order No. 1 to eliminate Alternative A work scope in the amount of $124,811 from the construction contract for a revised $5,221,366 construction contract amount (which will result in a total construction amount of $5,755,983 [$5,221,366 plus $534,617]).

C. Approve that this action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq and the CEQA Guidelines (14 Cal. Code Regs. 15000 et. seq.) as this project is categorically exempt pursuant to 14 Cal. Code Regs. 15301 (Class 1-Existing Facilities).

Public Works Director, Shawn Knapp introduced and presented the item.

Councilmembers asked clarifying questions.

Carol Parello provided Public Comment.

Councilmembers provided final comments.

Town Council Meeting 4 April 24, 2024
ACTION:

Motion: Sos / Second: Woehleke

1. Adopt a Resolution (22-2024) awarding a street rehabilitation construction contract to Bay Cities Paving & Grading, Inc. (Bay Cities) of Concord, CA, for the 2023 and 2024 Street Rehabilitation Projects (CIP 23-401 & 24-401) in the amount of $5,346, 177.

2. Authorize the Town Manager to execute the construction contract with Bay Cities.

3. Authorize the Town Engineer to:
a. Issue contract change orders for up to $534,617 (10% of the contract amount) for a total amount not to exceed $5,880,794 ($5,346, 177 plus $534,617). b. Issue a balancing Contract Change Order No. 1 to eliminate Alternative A work scope in the amount of $124,811 from the construction contract for a revised $5,221,366 construction contract amount (which will result in a total construction amount of $5,755,983 [$5,221, 366 plus $534,6171).
c. Approve that this action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. 15000 et. seq.) as this project is categorically exempt pursuant to 14 Cal. Code Regs. 15301 (Class 1-Existing Facilities).

Vote: (3-0-2)

11. DISCUSSION ITEMS
There were no items for discussion.

12. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
There were no council requests for future items.

13. COMMUNICATIONS
There were no communications.

14. TOWN MANAGER FOLLOW-UP AND ANNOUNCEMENTS
Town Manager, Mitnick announced SMC beat BYU and is undefeated in Rugby. Announced Brother Thomas will attend the May 8, 2024 Town Council meeting. Gave more information on the upcoming General Plan workshop on April 30, 2024. Announced on May 6, 2024 there will be an annual Lamorinda Regional Meeting in Lafayette, the topic will be the Lamorinda Regional evacuation study. Announced details for the upcoming Town Council meeting on May 8, 2024.

Public Works Director, Shawn Knapp showed a drone video on street paving.

Town Manager, Mitnick thanked Council for their leadership and provided final comments regarding the Town's street maintenance strategy.

Town Council Meeting 5 April 24, 2024

15. ADJOURNMENT
Mayor Onoda adjourned the meeting at 8:26 p.m
Respectfully submitted by:
coleriner
Amy Heavener, CMC
Town Clerk
Approved by the Town Gouncil:

Teresa Unada
Teresa Onoda,
Mayor
Town Council Meeting 6 April 24, 2024

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