Agenda packet — 1 - Town Council, November 12, 2025

TOWN OF MORAGA

TOWN COUNCIL
WEDNESDAY, NOVEMBER 12, 2025
Steve Woehleke, Mayor
Kerry Hillis, Vice Mayor
Brian Dolan, Councilmember
Lisa Maglio, Councilmember
Graham Thiel, Councilmember
Scott Mitnick, Town Manager
Katie Bruner, Admin. Services Director
Sonia Urzua, Planning Director
Amy Heavener, Town Clerk
Denise Bazzano, Assistant Town Attorney
Jon King, Police Chief
Shawn Knapp, Public Works Director
Mackenzie Brady, Parks & Recreation Director
Executive Team
Town of Moraga Mission Statement
The Town of Moraga is dedicated to preserving our semi-rural character, conserving open spaces, providing exceptional municipal services, fostering safety and resiliency, providing opportunities for development, and creating a vibrant, innovative, and sustainable community for all.

AGENDA ACCESS: The meeting agenda is posted on the following notice board locations: 329 Rheem Blvd.; Moraga Library located at 1500 St. Marys Rd.; The Hacienda located at 2100 Donald Drive; and Online at:
https://www.moraga.ca.us/AgendaCenter
VIEWING OPTIONS: The Moraga Town Council meeting is scheduled to take place on the 2nd and 4th Wednesday of each month. The meeting may be attended in person at 335 Rheem Blvd, Moraga, on Community Access Television (CATV) Comcast Channel 26; or by viewing the Town's YouTube Live channel at: https://www.youtube.com/@TownofMoraga335
PUBLIC INPUT: To provide input to the Town Council please submit comments via the following email address: [email protected] up to two hours prior to the start of the meeting. Written comment cards will also be available for submission at the meeting. Individuals addressing the Town Council are requested to state their name and community of residence for the record. If further assistance is needed, please email the Town Clerk at [email protected] or call (925) 888-7021.

It is the policy of the Town of Moraga that Councilmembers, Town employees and meeting participants are to be treated with respect and dignity. Actual or perceived discrimination and/or harassment of a Councilmember, Town employee or others on the basis of age, ancestry, color, disability, gender identity, marital status, medical condition, national origin, race, religious creed, sex or sexual orientation will not be tolerated.

CEQA STATEMENT: Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(C), 15061(B)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.

NOTICE: If you challenge a Town's zoning, planning, or other decision in court, you may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the Town Council at, or prior to, the public hearing. Judging review of any Town administrative decision may be had only if petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environment determination may be subject to a shorter time period for litigation, in certain cases 30 days following the date of final decision. The Town of Moraga will provide special assistance for disabled citizens upon at least 72 hours advance notice to the Town Manager's office (925- 888-7021). If sign assistance is needed or written material printed in a larger font or taped, advance notice is necessary. All meeting rooms are accessible to the disabled.

November 12, 2025
Town Council Regular Meeting
1 TOWN OF MORAGA

TOWN COUNCIL

REGULAR MEETING
WEDNESDAY, NOVEMBER 12, 2025
5:30 PM

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS

4. PUBLIC COMMUNICATION

5. ADOPTION OF MEETING AGENDA

6. CONSENT CALENDAR

6.1 Receive Accounts Payable Claims for: October 2, 2025 – October 30, 2025 ($518,360.55).

6.2 Adopt by minute order, an Interview and Appointment Policy for Town of Moraga Boards, Committees and Commissions.

6.3 Adopt a Resolution:

1. Authorizing the Town Manager to execute the construction contract with FJ&I

TOWN COUNCIL CHAMBER
335 RHEEM BOULEVARD

MORAGA, CA

ROLL CALL
3a. Proclamation - 70th Anniversary of Rosa Parks’ Refusal to Give Up Her Seat on a Bus in Montgomery, Alabama "Illuminating Our Path to Civil Rights" 3b. MOFD Station 42 Firewise Landscaping Demo Garden
Time reserved for those in the audience who wish to address the Town Council on items which are not on the agenda. The Council cannot discuss details or vote on items not on the agenda. Your concerns may be referred to the Town Manager for a brief comment or for further review. Note: Public input pertaining to a specific item on the agenda may be made during consideration of that item.

A. Consideration of Consent Items Removed for Discussion B. Acceptance of Consent Items
November 12, 2025
Town Council Regular Meeting
2 Engineering, Inc. for Augusta Drive Storm Drain Repairs, for the 2025 Street Rehabilitation Project (CIP 25-401) in the amount of $135,000 and authorizing a 15% ($20,250) contingency for a total not-to-exceed amount of $155,250;

2. Authorizing the Town Engineer to issue Construction Contract Change Orders up to the total amount not to exceed $20,250, if necessary; and

3. Finding that the construction work is exempt from review under the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. 15301 (Class 1- Existing Facilities).

6.4 Adopt a Resolution amending the Art in Public Spaces Committee (APSC) Charter to:

1. Update the membership composition to include five (5) voting community members who live or work in Moraga and one (1) non-voting Town Council Liaison;

2. Remove designated positions for the Park and Recreation Commission and Planning Commission; and

3. Approve the Art in Public Spaces Committee Mission Statement.

7. ANNOUNCEMENTS AND REPORTS ON ACTIVITIES

8. PUBLIC HEARING
8a. It is recommended that the Town Council take the following actions:

1. Waive the first reading and introduce by title only an ordinance repealing and replacing MMC Chapter 15.04 “Building Codes” of Title 15 and adopting by reference certain sections of Contra Costa County Ordinance No. 2025-19, which adopts the 2025 California Building Code, the 2025 California Residential Code, the 2025 California Electrical Code, the 2025 California Mechanical Code, the 2025 California Plumbing Code, the 2025 California Energy Code, the 2025 California Historical Building Code, the 2025 California Existing Building Code and the 2025 California Green Building Standards Code with changes, additions and deletions, with adoption of findings to justify stricter construction standards to address local climatic, geological, or topographical conditions as authorized by Health and Safety Code sections 17958.5 and 18941.5.

2. Find the ordinance exempt from review pursuant to sections 15061(b)(3) and 15378(b) (5) of the California Environmental Quality Act; and

3. Set a public hearing date of January 14, 2026, for the adoption of the ordinance. 8b. Waive the first reading and introduce by title only an Ordinance amending Title 8 of the Moraga Municipal Code (MMC). The Ordinance implements Program 32 of the 2023-2031 Moraga Housing Element.

9. DEPARTMENT REPORTS
November 12, 2025
Town Council Regular Meeting
3 10. COUNCILMEMBER REQUESTS FOR FUTURE AGENDA ITEMS

11. INFORMATIONAL ITEMS

12. TOWN MANAGER FOLLOW-UP AND ANNOUNCEMENTS

13. ADJOURNMENT
November 12, 2025
Town Council Regular Meeting
4 Accounts Payable
User:

Printed:
[email protected]
11/6/2025 1:40 PM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
65605 1979PROD 1979 Productions, Inc. 10/02/2025
10019A Pear Necessities Merch 3,154.22
Total for Check Number 65605: 3,154.22
65606 ARCO G&K Petroleum, Inc. 10/02/2025
09232025 PD Carwash 62.00
09232025 PD Gas 1,187.21
09232025 Parks Gas 207.35
09232025 Streets Gas 129.37
Total for Check Number 65606: 1,585.93
65607 AT&T AT&T 10/02/2025
9391019310 Fax Line 31.41
9391019310 Fax Line 31.41
9391019310 Fax Line 31.41
9391019310 Elevator Alarm 31.41
9391019310 Fax Line 31.41
9391019310 Fax Line 31.77
Total for Check Number 65607: 188.82
65608 AT&T AT&T 10/02/2025
9391019309 Alarm: Council Chambers 335 Rheem 150.83
Total for Check Number 65608: 150.83
65609 AT&T AT&T 10/02/2025
9391020639 T1 Line 28.25
9391020639 T1 Line 51.80
9391020639 T1 Line 14.13
9391020639 T1 Line 14.13
9391020639 T1 Line 23.55
9391020639 T1 Line 9.42
9391020639 T1 Line 9.18
9391020639 T1 Line 4.94
Total for Check Number 65609: 155.40
65610 AT&T AT&T 10/02/2025
9391020640 Fax: Hacienda 2100 Donald 32.66
Total for Check Number 65610: 32.66
65611 AT&T AT&T 10/02/2025
9391020641 Fax: CL Town Hall 329 Rheem 7.85
9391020641 Fax: PL Town Hall 329 Rheem 7.86
9391020641 Fax: PW Town Hall 329 Rheem 7.85
9391020641 Fax: ASD Town Hall 329 Rheem 7.85
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 1 1375
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 65611: 31.41
65612 AT&T AT&T 10/02/2025
9391063436 Emergency Phone: Town Hall 329 Rheem 31.49
Total for Check Number 65612: 31.49
65613 AUTOHMOR Autohaus Moraga 10/02/2025
22215 Veh Maint Oil and Tire Svc 256.34
22263 Veh Maint Heater Svc 275.71
Total for Check Number 65613: 532.05
65614 BKFENG BKF Engineers 10/02/2025
25091165 25-401 2025 Pave Rehab Prof Svcs: through 2025.08.24 22,851.60 Total for Check Number 65614: 22,851.60
65615 BORBELY Stephen Borbely 10/02/2025
10012025 Team Meeting Supplies Reimburs 146.89
Total for Check Number 65615: 146.89
65616 BWS Burke, Williams & Sorensen 10/02/2025
350246 Legal Fees: Pers 05655-0111 2025.08 1,783.60
350247 Legal Fees: Gen 05655-0010 2025.08 4,809.48
350248 Legal Fees: Gen 05655-0136 2025.08 2,220.40
350249 Legal Fees: Lit 05655-0165 2025.08 473.20
350250 Legal Fees: Gen 05655-0168 2025.08 1,123.20
350251 Legal Fees: Gen 05655-0179 2025.08 608.40
350252 Legal Fees: Gen 05655-0180 2025.08 2,215.20
350253 D25-008 Legal Fees: 05655-0190 2025.08 707.20
350254 Legal Fees: Gen 05655-0191 2025.08 889.20
350255 D24-030 Legal Fees: 05655-0200 2025.08 774.80
350256 D25-013 Legal Fees: 05655-0200.003 2025.08 677.04 350257 D25-013 Legal Fees: 05655-0200.002 2025.08 2,614.56 350258 Legal Fees: Lit 05655-0211 2025.08 234.00
Total for Check Number 65616: 19,130.28
65617 CIVIC+ CivicPlus, LLC 10/02/2025
343702 Annual Online Code Hosting and OrdBank Subscr 667.01 Total for Check Number 65617: 667.01
65618 COL City of Lafayette 10/02/2025
09252025 Lamorinda Spirit Van Funding for FY 2025-26 20,000.00 Total for Check Number 65618: 20,000.00
65619 COLESUP Cole Supply Company, LLC 10/02/2025
284688 Janitorial Supplies: Parks 629.32
Total for Check Number 65619: 629.32
65620 DAVISWW William W. Davis 10/02/2025
09172025 Field Training Officer Update Per Diem 189.00
09172025 Field Training Officer Update Mileage 142.24
Total for Check Number 65620: 331.24
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 2 1386
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
65621 DINGRUI Rui Ding 10/02/2025
09242025 Summer 2025 Tai Chi 1,365.00
Total for Check Number 65621: 1,365.00
65622 DKASSOCI DK Associates, Inc. 10/02/2025
48200 23-108 Engineering Services Project Prof Svcs: 2025.08 1,980.00 Total for Check Number 65622: 1,980.00
65623 EBMUD East Bay Muni. Utility Dist. 10/02/2025
54515995165 Water Svcs: 213 Willobrook LN #IRR 776.68
Total for Check Number 65623: 776.68
65624 ERIKSEN Kurt Eriksen 10/02/2025
09172025 Search, Seizure, Search Warrants Training Per Diem 36.00 Total for Check Number 65624: 36.00
65625 GOPHERTE Gopher Team 10/02/2025
858954 One Month Gopher Clean-up Pest Control - Rancho Laguna Park 2,180.00 859520 Pest Control - Commons Park 599.00
859664 Pest Control - Rancho Laguna Park 320.00
Total for Check Number 65625: 3,099.00
65626 LAMWEEK Lamorinda Publishing Inc. 10/02/2025
1015672 Pear Festival Ad 675.00
Total for Check Number 65626: 675.00
65627 LETC Contra Costa County Sheriff's Office, LETC 10/02/2025 25-3896 Range Use 250.00
Total for Check Number 65627: 250.00
65628 MILLERBA Barry Miller 10/02/2025
2025-23 #23 20-501 Phase II: Housing Element Prof Svcs: 2025.08 2,400.00 Total for Check Number 65628: 2,400.00
65629 MORAH Benali Inc. 10/02/2025
39535 Maint Supplies 13.16
39536 Maint Supplies exch -2.20
39674 Maint Supplies 148.03
Total for Check Number 65629: 158.99
65630 MPH MPH Industries, Inc. 10/02/2025
6026481 Radar and Setup Kit 642.29
Total for Check Number 65630: 642.29
65631 ODELLJ Jonathan Odell 10/02/2025
09222025 Traffic Collision Investigation Training Per Diem 110.00 09222025 Traffic Collision Investigation Training Mileage 81.90 Total for Check Number 65631: 191.90
65632 PACHECO Randy Pacheco 10/02/2025
09172025 Field Training Officer Update Per Diem 189.00
09172025 Field Training Officer Update Mileage 142.24
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 3 1397
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 65632: 331.24
65633 PTS PTS Communications Inc. 10/02/2025
9259130665 Pay Phone Chrg: Rancho Laguna 75.00
Total for Check Number 65633: 75.00
65634 RADAR The Radar Shop, Inc. 10/02/2025
26574 Equipment Recertification 936.00
Total for Check Number 65634: 936.00
65635 SANDIS SANDIS Civil Engineers Surveyors Planners10/02/2025 2508332 25-202 Corliss Culvert Repairs 7,104.63
Total for Check Number 65635: 7,104.63
65636 SEQUOIAS Sequoia Signs and Graphics, Inc. 10/02/2025 INV-17455 Public Art Signs & Stakes 778.46
Total for Check Number 65636: 778.46
65637 SWANK Swank Motion Pictures, Inc. 10/02/2025
DB 4066962 Movie Night 2025.09.12 625.00
Total for Check Number 65637: 625.00
65638 THEBERKE The Berkeley Chess School 10/02/2025
6297 Chess Camp 2,167.20
Total for Check Number 65638: 2,167.20
65639 TMOBILE T-Mobile 10/02/2025
201625790 P&R Phones and Internet 119.28
201625790 329 Rheem Cell Phones 22.07
201625790 PW Cell Phones 183.18
201625790 Storm Cell Phones 101.52
201625790 Streets Cell Phones 134.63
201625790 Parks Cell Phones 132.42
Total for Check Number 65639: 693.10
65640 TMOBILE T-Mobile 10/02/2025
973577418 Cell Phones: PD 40.90
Total for Check Number 65640: 40.90
65641 TMOBINV T-Mobile USA, Inc. 10/02/2025
L2509284749 Time Difference of Arrival 50.00
L2509295052 Time Difference of Arrival 50.00
Total for Check Number 65641: 100.00
65642 TYLERTEC Tyler Technologies, Inc 10/02/2025
025-522994 Tyler ERP Pro Cloud Implement - Chart of Accounts 290.00 Total for Check Number 65642: 290.00
65643 WALLACER Wallace Roberts & Todd INC 10/02/2025
1 Parks, Rec, Open Space Mstr Plan Prof Svcs: through 2025.08.24 5,411.95 AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 4 1408
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 65643: 5,411.95
65644 ZROTOR Roto-Rooter 10/02/2025
E25-205 E25-205 Deposit Refund 2,568.33
Total for Check Number 65644: 2,568.33
Total for 10/2/2025: 102,315.82
6019 CALTRON J.J.R. Enterprises Inc. 10/06/2025
CN31118-01 Copy Charges: ASD Town Hall 329 Rheem 46.59
CN31118-01 Copy Charges: CL Town Hall 329 Rheem 130.90
CN31118-01 Copy Charges: PW Town Hall 329 Rheem 27.61
Total for Check Number 6019: 205.10
6020 CALTRON J.J.R. Enterprises Inc. 10/06/2025
CN31791-01 Copy Chrg: PW 106.21
Total for Check Number 6020: 106.21
6021 CALTRON J.J.R. Enterprises Inc. 10/06/2025
CN31119-01 Copy Chrgs: P&R 58.15
Total for Check Number 6021: 58.15
6022 COMCAST Comcast Cable Communications, LLC 10/06/2025 0319803 Internet Svcs: Electronic Street Sign 129.28
Total for Check Number 6022: 129.28
6023 COMCAST Comcast Cable Communications, LLC 10/06/2025 0218278 Internet/Phone: Council Chambers 335 Rheem 385.12 Total for Check Number 6023: 385.12
6024 PGE Pacific Gas & Electric 10/06/2025
0190988489-0 Electricity: Bundled Street 14,547.20
Total for Check Number 6024: 14,547.20
6025 PGE Pacific Gas & Electric 10/06/2025
3675757343-5 Electricity: St/Sig 177.72
Total for Check Number 6025: 177.72
6026 PGE Pacific Gas & Electric 10/06/2025
6905501381-2 Electricity: St/Sig 21.87
Total for Check Number 6026: 21.87
6027 PGE Pacific Gas & Electric 10/06/2025
8749324693-5 Electricity: Hacienda 2100 Donald 3,148.50 Total for Check Number 6027: 3,148.50
6028 USBANK U.S. Bank Equipment Finance 10/06/2025
500-0670316 Copier Lease: PD 244.54
Total for Check Number 6028: 244.54
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 5 1419
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for 10/6/2025: 19,023.69
65646 CASDU California State Disbursement Unit 10/10/2025 PR Batch 40010.10.2025 Child Support PR Batch 40010.10.2025 Child Support 410.76 Total for Check Number 65646: 410.76
Total for 10/10/2025: 410.76
6030 BAYAL Balco Holdings, Inc. 10/14/2025
22495677 Access Control System: Town Hall 329 Rheem 443.85 22507873 Monitoring Fee: Fire Hacienda 2100 Donald 114.00 22520417 Monitoring Fee: Fire Council Chambers 335 Rheem 289.48 22522060 Monitoring Fee Fire: Library 1500 St Marys 385.55 22522380 Sec. Alm Monit. Svcs: Council Chambers 335 Rheem 105.50 Total for Check Number 6030: 1,338.38
6032 CALCHOIC California Choice Benefit Administrators 10/14/2025 4943830 Medical Insurance: EE 2025.11 4,048.40
4943830 Medical Insurance: ER 2025.11 47,074.73
4943830 Medical Insurance: Admin Fee 2025.11 40.00
Total for Check Number 6032: 51,163.13
6033 CALTRON J.J.R. Enterprises Inc. 10/14/2025
CN31120-01 Copy Chrgs: Planning 81.15
Total for Check Number 6033: 81.15
6034 CDTFA California Dept of Tax and Fee Administration10/14/2025 227-15056 Sales and Use Tax: 2025-Q3 1.52
227-15056 Sales and Use Tax: 2025-Q3 -1.52
227-15056 Sales and Use Tax: 2025-Q3 1,899.00
Total for Check Number 6034: 1,899.00
6035 DELAGELA De Lage Landen Financial Services, Inc. 10/14/2025 50407071 Copier Lease: PL 371.80
50470361 Copier Lease: PW 137.01
Total for Check Number 6035: 508.81
6036 OFF Office Depot 10/14/2025
434316822001 Office Supplies 72.64
435826617001 Office Supplies 97.12
437081022001 Office Supplies 830.19
442120991001 Office Supplies 71.81
Total for Check Number 6036: 1,071.76
6037 PGE Pacific Gas & Electric 10/14/2025
1463449238-4 Electricity: Hacienda 2100 Donald -48.70
1463449238-4 Electricity: Parks 1,478.38
1463449238-4 Electricity: Street/Signals 774.72
Total for Check Number 6037: 2,204.40
6038 PGE Pacific Gas & Electric 10/14/2025
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 6 14210
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
0751460593-5 Electricity: Library 1500 St Marys 2,776.26 Total for Check Number 6038: 2,776.26
6039 PGE Pacific Gas & Electric 10/14/2025
5255041609-4 Electricity: Hacienda Pavilion 2100 Donald 57.81 Total for Check Number 6039: 57.81
6040 PGE Pacific Gas & Electric 10/14/2025
6440793656-2 Electricity: Streets/Signals 174.14
Total for Check Number 6040: 174.14
6041 PGE Pacific Gas & Electric 10/14/2025
6504888173-7 Electricity: Town Hall 329 Rheem 5,645.93
Total for Check Number 6041: 5,645.93
6042 PGE Pacific Gas & Electric 10/14/2025
7234145569-8 Electricity: Hacienda LaSala 2100 Donald 57.37 Total for Check Number 6042: 57.37
6043 PGE Pacific Gas & Electric 10/14/2025
8367275694-3 Electricity: Council Chambers 335 Rheem 580.54 Total for Check Number 6043: 580.54
6044 PGE Pacific Gas & Electric 10/14/2025
8650812145-5 Electricity: Hacienda Casita 2100 Donald 48.57 Total for Check Number 6044: 48.57
6045 PGE Pacific Gas & Electric 10/14/2025
9622927397-2 Electricity: Parks 131.37
Total for Check Number 6045: 131.37
6047 VISION Small Business Benefit Plan Trust 10/14/2025 2025-11 Vision Insurance: COBRA 2025.11 16.90
2025-11 Vision Insurance: ER 2025.11 717.20
Total for Check Number 6047: 734.10
6048 WILMINGT Wilmington Trust, N.A. 10/14/2025
10152025 Moraga 2023 COP Interest 90,250.00
Total for Check Number 6048: 90,250.00
65647 ABAG PWR Association of Bay Area Governments 10/14/2025 T00171 Natural Gas Pooled Power 2,042.65
Total for Check Number 65647: 2,042.65
65648 AGRARIAN Agrarian CKL 10/14/2025
10062025 Fall ASEP Session #1 Baking Class 2,700.00
Total for Check Number 65648: 2,700.00
65649 ALLCITY All City Management Services, Inc. 10/14/2025 103280 School Crossing Guard Svcs: 2025.08.31-09.13 1,309.46 103624 School Crossing Guard Svcs: 2025.09.14-09.27 1,454.95 AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 7 14311
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 65649: 2,764.41
65650 ARCO G&K Petroleum, Inc. 10/14/2025
10012025 Parks Gas: 2025.09.24-10.01 327.98
10012025 PD Carwash: 2025.09.24-10.01 60.00
10012025 PD Gas: 2025.09.24-10.01 1,087.38
10102025 Parks Gas: 2025.10.02-10.10 116.56
10102025 PD Gas: 2025.10.02-10.10 1,362.49
10102025 Streets Gas: 2025.10.02-10.10 243.75
10102025 PD Carwash: 2025.10.02-10.10 48.00
Total for Check Number 65650: 3,246.16
65651 AT&T AT&T 10/14/2025
9391020642 Sprinkler Alarm: Town Hall 329 Rheem 31.41
Total for Check Number 65651: 31.41
65652 AUTOHMOR Autohaus Moraga 10/14/2025
22339 Veh. Maint Oil and Tire Svc 189.74
22355 Veh Maint Oil Svc 237.98
22397 Veh Maint Oil Svc 237.98
22401 Veh Maint Tire Svc 45.00
Total for Check Number 65652: 710.70
65653 BKFENG BKF Engineers 10/14/2025
25100094 22-202 Prof Svcs: 2025.08.25-09.28 14,915.50
Total for Check Number 65653: 14,915.50
65654 BMI BMI 10/14/2025
61280817 Annual Music Licensing 446.00
Total for Check Number 65654: 446.00
65655 BMIIMAGI BMI Imaging Systems, Inc 10/14/2025
101880 Microfiche Software Annual Svc 1,200.00
Total for Check Number 65655: 1,200.00
65656 BWS Burke, Williams & Sorensen 10/14/2025
348075 Legal Fees: 05655-0167 2025.07 72.80
Total for Check Number 65656: 72.80
65657 CCCFSC Fiscal Unit 10/14/2025
MOPD-2508 Forensic Services: 2025.08 300.00
MOPD-2508-Supp Forensic Lab Services: 2025.08 99.12
Total for Check Number 65657: 399.12
65658 CCCSC Contra Costa County Sheriff-Coroner 10/14/2025 25/26 Mor ARIES Maint FY 25/26 8,770.00
Total for Check Number 65658: 8,770.00
65659 COMCAST Comcast Cable Communications, LLC 10/14/2025 0199957 Internet Svcs: Town Hall 329 Rheem 621.17
Total for Check Number 65659: 621.17
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 8 14412
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
65660 DELTADEN Health Care Dental Trust 10/14/2025
371229 Dental Insurance: COBRA 2025.11 81.90
371229 Dental Insurance: ER 2025.11 3,501.45
Total for Check Number 65660: 3,583.35
65661 DOJ2 Department of Justice 10/14/2025
850386 LiveScan: 2025.09 568.00
850386 LiveScan: Emp 2025.09 352.00
Total for Check Number 65661: 920.00
65662 EBMUD East Bay Muni. Utility Dist. 10/14/2025
28260400001 Water Svcs: 1401 St Marys Rd 15,901.80
Total for Check Number 65662: 15,901.80
65663 EBMUD East Bay Muni. Utility Dist. 10/14/2025
28241200001 Water Svcs: Library 1500 St. Marys Rd 836.18 Total for Check Number 65663: 836.18
65664 EBMUD East Bay Muni. Utility Dist. 10/14/2025
31830300001 Water Svcs: 1391 Moraga Rd 171.82
Total for Check Number 65664: 171.82
65665 EBTS East Bay Tree Service, Inc. 10/14/2025
598820 Tree Pruning 2,000.00
Total for Check Number 65665: 2,000.00
65666 GARDENIN Yaron Shoshan 10/14/2025
10012025 Landscape Maint: Library 600.00
10012025 Landscape Maint: 329 Rheem 400.00
Total for Check Number 65666: 1,000.00
65667 IMPEC Impec Group Inc. 10/14/2025
2509130 Janitorial Services - 2100 Donald Hacienda 1,271.71 2509130 Janitorial Services - 1500 St Marys Library 1,271.71 2509130 Janitorial Services - 335 Rheem Council Chambers 423.91 2509130 Janitorial Services - 329 Rheem Town Offices 1,271.71 2509222 Janitorial Services - Bandshell Cleaning Fall 2025 480.00 Total for Check Number 65667: 4,719.04
65668 JCC Mihret Yeshewas 10/14/2025
2201 Carpet Cleaning 250.00
Total for Check Number 65668: 250.00
65669 KENNEDY F.J. Kennedy and Associates 10/14/2025
25-176 NPDES Permit Implementation Assistance 2025.09 7,039.44 Total for Check Number 65669: 7,039.44
65670 LYM Leave Your Mark PHXOR, LLC 10/14/2025
1503 Commons Brick Plaques 141.00
Total for Check Number 65670: 141.00
65671 MILLERBA Barry Miller 10/14/2025
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 9 14513
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
2025-26 #24 20-501 Phase II: Housing Element Prof Svcs: 2025.09 1,725.00 Total for Check Number 65671: 1,725.00
65672 MORAH Benali Inc. 10/14/2025
39722 Maint Supplies 421.07
39737 Maint Supplies 19.73
Total for Check Number 65672: 440.80
65673 MPA Municipal Pooling Authority 10/14/2025
INV004715 Unmet Liability Deductible: 414.45
Total for Check Number 65673: 414.45
65674 MUNISVC Avenu MuniServices, LLC 10/14/2025
INV06-021743 ACFR - Sept 2025 Demo & Econ Stats Report 240.00 INV06-021743 ACFR - Sept 2025 Basic Report 700.00
INV06-021743 ACFR - Sept 2025 Direct & Overlap Debt Report 700.00 INV06-021743 ACFR - Sept 2025 Principal Employers Report 1,300.00 Total for Check Number 65674: 2,940.00
65675 NATTRENC National Trench Safety, Inc 10/14/2025
1150716 Trench Plate Rental 517.34
Total for Check Number 65675: 517.34
65676 SANTAROS Santa Rosa Jr. College 10/14/2025
AR26-00437 FTO Update Training - Likos, Douthit 109.00
Total for Check Number 65676: 109.00
65677 SHREDCIT Shred City 10/14/2025
1218100725 Document Destruction 16.20
1218100725 Document Destruction 97.20
1218100725 Document Destruction 16.20
1218100725 Document Destruction 32.40
Total for Check Number 65677: 162.00
65678 SUSTAINA Sustainable Contra Costa 10/14/2025
091725 Cleaner Contra Costa 2025-26 1,500.00
Total for Check Number 65678: 1,500.00
65679 TMOBINV T-Mobile USA, Inc. 10/14/2025
L2510086960 Time Difference of Arrival 50.00
Total for Check Number 65679: 50.00
65680 TMOBINV T-Mobile USA, Inc. 10/14/2025
L2510086889 Time Difference of Arrival 50.00
Total for Check Number 65680: 50.00
65681 TPA Townsend Public Affairs, Inc 10/14/2025
24050 Lamorinda Legislative Coalition - Consultant Svcs: 2025.09 1,500.00 Total for Check Number 65681: 1,500.00
65682 TRANSUNI TransUnion Risk & Alternative Data Solutions, Inc. 10/14/2025 811153 Police Search Engine 149.20
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 10 14614
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 65682: 149.20
65683 TYLERTEC Tyler Technologies, Inc 10/14/2025
025-532186 Tyler ERP Pro Cloud Implementation Prof Svcs: 2025.10.02 580.00 Total for Check Number 65683: 580.00
65684 VERIZON Verizon Wireless 10/14/2025
471243537-2 PD Cell Phones 75.39
471243537-2 Code Enforcement Cell Phones 39.36
Total for Check Number 65684: 114.75
65685 VERIZON Verizon Wireless 10/14/2025
471243537-5 PD Data Cards 240.06
Total for Check Number 65685: 240.06
65686 ZADVTREN Advanced Trenchless, Inc. 10/14/2025
3 Kimberley E22-149 Deposit Refund 2,001.96
96 Shuey E22-150 Deposit Refund 2,001.96
Total for Check Number 65686: 4,003.92
Total for 10/14/2025: 247,701.79
65687 CASDU California State Disbursement Unit 10/24/2025 PR Batch 40042.10.2025 Child Support PR Batch 40042.10.2025 Child Support 410.76 Total for Check Number 65687: 410.76
Total for 10/24/2025: 410.76
6049 BASIC BASIC Benefits LLC 10/30/2025
IN3578765 Bundled CDA Svcs Client ID 4622-9602-0279: 2025.12 75.00 Total for Check Number 6049: 75.00
6050 BAYAL Balco Holdings, Inc. 10/30/2025
22543010 UL Cert Fees - 335 Rheem Council Chambers 143.00 Total for Check Number 6050: 143.00
6051 CALTRON J.J.R. Enterprises Inc. 10/30/2025
CN31791-01 Copy Chrg: PW 187.50
Total for Check Number 6051: 187.50
6052 CALTRON J.J.R. Enterprises Inc. 10/30/2025
4494151 Toner 160.24
CN31118-01 Copy Charges: ASD Town Hall 329 Rheem 74.10
CN31118-01 Copy Charges: CL Town Hall 329 Rheem 62.11
CN31118-01 Copy Charges: PW Town Hall 329 Rheem 56.66
CN31119-01 Copy Chrgs: P&R 42.25
Total for Check Number 6052: 395.36
6053 CALTRON J.J.R. Enterprises Inc. 10/30/2025
CN31120-01 Copy Chrgs: Planning 178.27
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 11 14715
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 6053: 178.27
6054 CCCTCO Contra Costa County Tax Collector 10/30/2025 25 265635 FY25-26 Sec Prop Tax Parcel 255-020-017-0 00 #2 722.68 25 265635 FY25-26 Sec Prop Tax Parcel 255-020-017-0 00 #1 722.68 Total for Check Number 6054: 1,445.36
6055 COMCAST Comcast Cable Communications, LLC 10/30/2025 0218278 Internet/Phone: Council Chambers 335 Rheem 385.70 Total for Check Number 6055: 385.70
6056 COMCAST Comcast Cable Communications, LLC 10/30/2025 0319803 Internet Svcs: Electronic Street Sign 129.28
Total for Check Number 6056: 129.28
6057 DELAGELA De Lage Landen Financial Services, Inc. 10/30/2025 50407083 Copier Lease: PR 234.41
50407087 Copier Lease: PW Town Hall 329 Rheem 136.64
50407087 Copier Lease: CL Town Hall 329 Rheem 136.63
50407087 Copier Lease: ASD Town Hall 329 Rheem 136.63
50421959 Plotter Lease: PW 157.98
50421959 Plotter Lease: PL 157.97
Total for Check Number 6057: 960.26
6058 PGE Pacific Gas & Electric 10/30/2025
3675757343-5 Electricity: St/Sig 107.56
Total for Check Number 6058: 107.56
6059 PGE Pacific Gas & Electric 10/30/2025
6905501381-2 Electricity: St/Sig 23.12
Total for Check Number 6059: 23.12
6060 PGE Pacific Gas & Electric 10/30/2025
8749324693-5 Electricity: Hacienda 2100 Donald 3,194.91 Total for Check Number 6060: 3,194.91
6061 PGE Pacific Gas & Electric 10/30/2025
0190988489-0 Electricity: Bundled Street 14,453.21
Total for Check Number 6061: 14,453.21
6062 UNUM Unum Life Insurance Co. 10/30/2025
2025-11 LTD Insurance: 2025.11 2,061.91
2025-11 STD Insurance: 2025.11 569.65
2025-11 Life Insurance: 2025.11 1,417.00
2025-11 AD&D Insurance: 2025.11 234.00
Total for Check Number 6062: 4,282.56
65688 ALLCITY All City Management Services, Inc. 10/30/2025 104000 School Crossing Guard Svcs: 2025.09.28-10.11 1,454.95 Total for Check Number 65688: 1,454.95
65689 AMAZON Amazon Capital Services, Inc 10/30/2025
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 12 14816
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
1GKG-X9VN-CGTD Office Supplies 82.85
Total for Check Number 65689: 82.85
65690 ANDERSON Eloise Anderson 10/30/2025
10132025 Fall 2025 Session 960.00
Total for Check Number 65690: 960.00
65691 ARCO G&K Petroleum, Inc. 10/30/2025
10192025 Streets Gas: 2025.10.11-10.19 141.50
10192025 Parks Gas: 2025.10.11-10.19 234.46
10192025 PD Carwash: 2025.10.11-10.19 64.00
10192025 PD Gas: 2025.10.11-10.19 1,208.26
10272025 PD Carwash: 2025.10.20-10.27 28.00
10272025 Parks Gas: 2025.10.20-10.27 115.96
10272025 PD Gas: 2025.10.20-10.27 997.57
10272025 Streets Gas: 2025.10.20-10.27 230.45
Total for Check Number 65691: 3,020.20
65692 AT&T AT&T 10/30/2025
9391020639 T1 Line 51.80
9391020639 T1 Line 4.94
9391020639 T1 Line 9.18
9391020639 T1 Line 28.25
9391020639 T1 Line 14.13
9391020639 T1 Line 9.42
9391020639 T1 Line 23.55
9391020639 T1 Line 14.13
Total for Check Number 65692: 155.40
65693 AT&T AT&T 10/30/2025
9391019310 Fax Line 31.41
9391019310 Fax Line 32.09
9391019310 Fax Line 31.41
9391019310 Fax Line 31.41
9391019310 Fax Line 31.41
9391019310 Elevator Alarm 31.41
Total for Check Number 65693: 189.14
65694 AT&T AT&T 10/30/2025
9391020641 Fax: ASD Town Hall 329 Rheem 7.85
9391020641 Fax: PL Town Hall 329 Rheem 7.86
9391020641 Fax: PW Town Hall 329 Rheem 7.85
9391020641 Fax: CL Town Hall 329 Rheem 7.85
Total for Check Number 65694: 31.41
65695 AT&T AT&T 10/30/2025
9391019309 Alarm: Council Chambers 335 Rheem 150.83
Total for Check Number 65695: 150.83
65696 AT&T AT&T 10/30/2025
9391020640 Fax: Hacienda 2100 Donald 32.66
Total for Check Number 65696: 32.66
65697 AT&T AT&T 10/30/2025
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 13 14917
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
9391063436 Emergency Phone: Town Hall 329 Rheem 31.41
Total for Check Number 65697: 31.41
65698 AUTOHMOR Autohaus Moraga 10/30/2025
22417 Veh Maint Oil Svc 154.81
22429 Veh Maint Oil and Tire Svc 256.34
22441 Veh Maint Oil Svc 166.34
22477 Veh Maint Spark Plug and Ignition Svc 422.82
Total for Check Number 65698: 1,000.31
65699 BAD Bay Area Drainage, Inc. 10/30/2025
2100315-2248 Clearing Bollinger Canyon 4,945.00
Total for Check Number 65699: 4,945.00
65700 BKFENG BKF Engineers 10/30/2025
25100572 25-401 Prof Svcs through: 2025.09.28 9,649.94
Total for Check Number 65700: 9,649.94
65701 BRUNER Bruner Kaitlin 10/30/2025
10202025 Per Diem for MMANC Conf 64.00
Total for Check Number 65701: 64.00
65702 BWS Burke, Williams & Sorensen 10/30/2025
352506 Legal Fees: Pers 05655-0105 2025.09 2,558.54
352507 Legal Fees: Gen 05655-0010 2025.09 5,417.88
352508 Legal Fees: Gen 05655-0136 2025.09 5,751.20
352509 Legal Fees: Lit 05655-0165 2025.09 254.80
352510 Legal Fees: Gen 05655-0168 2025.09 1,263.60
352511 Legal Fees: Gen 05655-0179 2025.09 304.20
352513 Legal Fees: Gen 05655-0186 2025.09 2,219.36
Total for Check Number 65702: 17,769.58
65703 COLESUP Cole Supply Company, LLC 10/30/2025
284688 Janitorial Supplies: Parks 1,363.47
Total for Check Number 65703: 1,363.47
65704 CRESCO NorCal Rental Group, LLC 10/30/2025
6483250-0001 Maint Supplies 476.56
Total for Check Number 65704: 476.56
65705 DREYFUSS Michael D. Dreyfuss 10/30/2025
10232025 Mileage Reimb for GLOCK Training 87.64
10232025 Per Diem for GLOCK Training 18.00
10232025 Bridge Toll for GLOCK Training 8.00
Total for Check Number 65705: 113.64
65706 EBMUD East Bay Muni. Utility Dist. 10/30/2025
12212300001 Water Svcs: 848 Country Club Dr: 162.05
Total for Check Number 65706: 162.05
65707 EBMUD East Bay Muni. Utility Dist. 10/30/2025
48312700001 Water Svcs: 1310 Camino Pablo 6,883.81
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 14 15018
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 65707: 6,883.81
65708 EBMUD East Bay Muni. Utility Dist. 10/30/2025
17421953287 Water Svcs: 800 Canyon Rd 152.28
Total for Check Number 65708: 152.28
65709 GOPHERTE Gopher Team 10/30/2025
860715 Pest Control - Rancho Laguna Park 320.00
Total for Check Number 65709: 320.00
65710 JOSEPHS Joseph's Lawnmower & Lock Shop, Inc. 10/30/2025 414671 Blower Maint 349.62
414673 Chainsaw Maint 158.49
414674 Chainsaw Maint 15.30
417246 Chainsaw Maint 24.01
417248 Blower Maint 171.58
Total for Check Number 65710: 719.00
65711 MATHNAS IITMATH LLC 10/30/2025
10142025 LP-ASEP- Session #1 2,317.70
Total for Check Number 65711: 2,317.70
65712 MIAOYAO Yao Miao 10/30/2025
10272025 Parking for PW Institute Training 72.60
10272025 Mileage for PW Institute Training 53.34
Total for Check Number 65712: 125.94
65713 MITNICK Scott Mitnick 10/30/2025
10142025 Reimb for Lodging for Cal Cities Conf 578.08
10142025 Reimb for Travel for Cal Cities Conf 205.96
10142025 Per Diem for Cal Cities Conf 81.00
10142025 Reimb for Lyft for Cal Cities Conf 28.50
Total for Check Number 65713: 893.54
65714 MPA Municipal Pooling Authority 10/30/2025
INV004728 EAP 2025.10-2025.12 448.95
Total for Check Number 65714: 448.95
65715 PTS PTS Communications Inc. 10/30/2025
9259130665 Pay Phone Chrg: Rancho Laguna 75.00
Total for Check Number 65715: 75.00
65716 QUALUS Qualus Engineering CA, LLP 10/30/2025
48213 I17-008 Prof Svcs: 2025.08.16-09.21 1,526.00
48216 23-108 On-Call Eng Prof Svcs: 2025.08.16-09.21 1,975.00 48228 23-108 On-Call Eng Prof Svcs: 2025.08.16-09.21 3,465.00 Total for Check Number 65716: 6,966.00
65717 R&HBACK Aaron Christensmith 10/30/2025
589 Backflow Testing 100.00
Total for Check Number 65717: 100.00
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 15 15119
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
65718 ROADSAFE RoadSafe Traffic Systems, Inc. 10/30/2025 253798 25-413 Signs 249.00
Total for Check Number 65718: 249.00
65719 RUNCKEL Jennifer Runckel 10/30/2025
10242025 Fall 2025 Session 522.00
Total for Check Number 65719: 522.00
65720 SAFETYCE Safety Center, Incorporated 10/30/2025
9778921115R Chainsaw Safety Training 500.00
9778921115R Chainsaw Safety Training 500.00
Total for Check Number 65720: 1,000.00
65721 SANDIS SANDIS Civil Engineers Surveyors Planners10/30/2025 2507177 26-404 Prof Svcs through: 2025.07.31 1,230.75
2508326 26-404 Prof Svcs through: 2025.08 1,777.00
2509295 25-202 Prof Svcs through: 2025.09 24,092.75
2509297 26-404 Prof Svcs through: 2025.09 2,097.00
Total for Check Number 65721: 29,197.50
65722 SILICON Silicon Connections, LLC 10/30/2025
26354 IT Svcs: 2025.10 8,944.90
Total for Check Number 65722: 8,944.90
65723 STRUM Megan Dey-Toth 10/30/2025
10272025 LP-ASEP-Session #1 522.00
Total for Check Number 65723: 522.00
65724 SWANK Swank Motion Pictures, Inc. 10/30/2025
4117303 Creepy Commons Movie Night Licensing 685.00
Total for Check Number 65724: 685.00
65725 TMOBILE T-Mobile 10/30/2025
201625790 P&R Phones and Internet 119.30
201625790 Storm Cell Phones 101.55
201625790 329 Rheem Cell Phones 22.08
201625790 Parks Cell Phones 132.45
201625790 Streets Cell Phones 134.66
201625790 PW Cell Phones 183.21
Total for Check Number 65725: 693.25
65726 TMOBILE T-Mobile 10/30/2025
973577418 Cell Phones: PD 40.90
Total for Check Number 65726: 40.90
65727 TYLERTEC Tyler Technologies, Inc 10/30/2025
025-533021 Tyler ERP Pro Cloud Implementation Prof Svcs: 2025.10.07-10.08 435.00 025-533569 Tyler ERP Pro Cloud Implementation Prof Svcs: 2025.10.15 145.00 Total for Check Number 65727: 580.00
65728 UBS Universal Building Services 10/30/2025
22100 Janitorial Supplies: Council Chamber 335 Rheem 46.44 AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 16 15220
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
22100 Janitorial Supplies: Hacienda 2100 Donald 139.35
22100 Janitorial Supplies: Town Hall 329 Rheem 139.35
22100 Janitorial Supplies: Library 1500 St Marys 139.35 Total for Check Number 65728: 464.49
65729 WALKERBE Beth Walker 10/30/2025
10282025 Claim Letter Postage 10.48
10282025 Wellness Fair Supplies 70.84
10282025 Claim Letter Postage 10.48
10282025 Wellness Fair Supplies 20.00
Total for Check Number 65729: 111.80
65730 WALLACER Wallace Roberts & Todd INC 10/30/2025
2 Parks, Rec, Open Space Master Plan Prof Svcs through: 2025.09.28 12,736.40 Total for Check Number 65730: 12,736.40
65731 WOEHLEKE Steve Woehleke 10/30/2025
10152025 Reimb for Parking for Cal Cities Conf 78.00
10152025 Reimb for Lodging for Cal Cities Conf 578.66
10152025 Mileage for Cal Cities Conf 30.80
10152025 Reimb for Uber for Cal Cities Conf 53.88
10152025 Per Diem for Cal Cities Conf 81.00
Total for Check Number 65731: 822.34
65732 ZKHANR Rubaiyat Khan 10/30/2025
10292025 Fingerprint Reimbursement 73.00
Total for Check Number 65732: 73.00
65733 ZSTARROO Star Rooter & Plumbing, Inc 10/30/2025
9 Woodford E21-088 Deposit Refund 3,248.21
Total for Check Number 65733: 3,248.21
65734 ZZLCONST ZL Construction Corp 10/30/2025
435 Donald E22-001 Deposit Refund 1,990.23
Total for Check Number 65734: 1,990.23
Total for 10/30/2025: 148,497.73
Report Total (170 checks): 518,360.55
AP Checks by Date - Detail by Check Date (11/6/2025 1:40 PM) Page 17 15321
CONSENT CALENDAR: 6.2
To: Honorable Mayor and Councilmembers
From: Amy Heavener, Town Clerk
Subject: Boards/Committees/Commissions Interview and Appointment Policy Meeting Date: November 12, 2025

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Adopt by minute order, an Interview and Appointment Policy for Town of Moraga Boards , Committees and Commissions.

BACKGROUND
The Town of Moraga has several Boards, Committees and Commissions that serve the Town in a variety of capacities. From time to time, members of these bodies may vacate their seat which results in an unscheduled vacancy or their term may come to an end and they do not seek re-appointment. In the past, Town Council has addressed these unscheduled vacancies in a variety of ways. As a result, Councilmembers requested staff to develop a proposed policy which will standardize the interview and appointment process for filling such vacancies.

DISCUSSION
Town Staff reached out to a variety of cities to gauge the policies used regarding Board/Committee/Commission appointments. While most cities have specifications in their respective Municipal Codes, the City of Lafayette uses a policy. Town Staff used this information as a basis in determining a policy that would work for the Town of Moraga.

If approved by Town Council, the Town will need to implement changes to the Town’s Municipal Code to align with details in the policy. Due to the timing needed to make Municipal Code changes, the Town plans to update the Municipal Code during a future meeting in 2026.

Based on research from other cities, Staff developed the attached draft policy which addresses the following aspects of the Board/Committee/Commission interview and appointment process:

Purpose
Appointment Details
22 Re-Appointments
Vacancies
Interviews
Appointments and Oath of Office

FISCAL IMPACT
There is no direct net fiscal impact to establishing a Board/Committee/Commission Appointment Policy.

CEQA COMPLIANCE
Establishing a Board/Committee/Commission Appointment Policy is exempt from environmental review under Public Resources Code Section 21080(b)(8) of the California Environmental Quality Act (“CEQA”) and Section 15273 of Title 14 of the California Code of Regulations (the “State CEQA Guidelines”).

ALTERNATIVES

1. Approve the proposed Board/Committee/Commission Interview and Appointment Policy with changes; or

2. Do not approve the proposed Board/Committee/Commission Interview and Appointment Policy and provide direction to staff.

NEXT STEPS
Upon adoption, staff will use the adopted Board/Committee/Commission Interview and Appointment Policy to update the existing Town of Moraga Municipal Code at a future meeting during the first quarter of 2026.

ATTACHMENTS
Attachment A - Board-Committee-Commission Inteview Policy 23 Attachment A
1 Board, Committee and Commission Interview and Appointment Policy Purpose
Establish a process for the interview and appointment of all Boards, Committees and Commissions by the Moraga Town Council.

Appointment Details
A. The Maddy Act (see Chapter 11, Section 54970 et seq. of the California Government Code) sets forth certain legal requirements for board, commission and committee member appointments. It shall be the responsibility of the Town Clerk to carry out the requirements of the Maddy Act to ensure that appointments or re-appointments are made in a timely matter.

B. The Town Clerk shall maintain a current roster of all Boards, Committees and Commissions whose members serve at the pleasure of the Town Council and the necessary qualifications for each position.

C. Unless otherwise provided in the Moraga Municipal Code or specified by the Town Council, all Boards, Committees and Commissions shall serve two-year terms expiring based upon the date and year of appointment.

Re-Appointments
A. Board, Committee and Commission members may be appointed to a maximum of three consecutive terms unless the Council determines that continued service of a member is in the best interest of the Town. If that determination is made, the Board, Committee and Commission member may re-apply and re-interview for their position in the same manner as a new board, commission and committee member.

B. Removal or non-reappointment will be determined by Council.

Vacancies
A. When a vacancy occurs due to resignation, termination, expiration, or other causes, the Town Clerk or staff liaison will advertise a notice inviting applications for the vacancy on the Town’s website and via any other appropriate channels at the discretion of the Town Clerk with a deadline date based upon timing of the interview schedule.

B. Applicants must fill out and submit an application form. Applications are public documents and are kept in accordance with the Town’s Record Retention policy.

C. All applications received will be submitted to the Town Council for consideration . 24 Attachment A
2 Interviews
A. Interviews will typically be conducted of all qualified applicants, unless otherwise decided by Town Council.

B. If a candidate is unable to attend the interview at the designated time, the Town Council, in its discretion, may re-schedule the interview or may proceed with selection of a qualified candidate without an interview.

C. The Town Clerk will coordinate a Special meeting to hold the interviews, for the applicants. Prior to the special meeting, the Town Clerk will prepare and distribute to the Council a list of standard interview questions. These questions shall be used as a guide when interviewing each applicant. Councilmembers may deviate from the list of standard questions or ask follow-up questions.

D. Consistent with the Brown Act and applicable law, interviews shall be conducted by the Town Council at public special meetings scheduled and reserved specifically for interviews. The Town Clerk shall inform applicants of this fact prior to their interview.

E. At the time of the interview, the Town Council may decide to re-advertise the vacancy or re-interview some or all of the applicants.

Appointments and Oath of Office
A. The Council shall appoint the selected candidate(s) for Board, Committee and Commission seats at a regular Council meeting. Appointments must be discussed and made in open session.

B. The Clerk shall administer the oath of office after the appointment of the selected candidate(s), which may take place anytime prior to their first meeting as a Board, Committee or Commission member.
25 CONSENT CALENDAR: 6.3
To: Honorable Mayor and Councilmembers
From: Shawn Knapp, Public Works Director/Town Engineer Nate Levine, Senior Engineer Yao Miao, Assistant Engineer
Subject: Award of Contract for Augusta Drive Storm Drain Repairs to FJ&I Engineering, Inc
Meeting Date: November 12, 2025

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Adopt a Resolution:

1. Authorizing the Town Manager to execute the construction contract with FJ&I Engineering, Inc. for Augusta Drive Storm Drain Repairs, for the 2025 Street Rehabilitation Project (CIP 25- 401) in the amount of $135,000 and authorizing a 15% ($20,250) contingency for a total notto-exceed amount of $155,250;

2. Authorizing the Town Engineer to issue Construction Contract Change Orders up to the total amount not to exceed $20,250, if necessary; and

3. Finding that the construction work is exempt from review under the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. 15301 (Class 1-Existing Facilities).

BACKGROUND
Town staff are currently in the design phase of the 2025 Street Rehabilitation Project (CIP 25- 401). As part of the design process, storm drain inspections were conducted to assess the condition of existing facilities on Augusta Drive. During the review of the CCTV footage, Town staff identified a section of reinforced concrete storm drain pipe with multiple cracks and damage to the crown. Staff implemented temporary traffic control measures to channelize vehicle lanes and reduce the load on the pipe following the discovery. See Attachment B for a Project Location and Vicinity Map.

The magnitude of the deterioration of the storm drain necessitates immediate replacement to prevent a potential structural failure and more costly repair. As such, Town staff quickly 26 determined the extent of repair needed and prepared construction documents so a construction bid request could be issued.

The objective is to complete the work prior to the onset of the upcoming wet season to protect public safety and preserve the integrity of the Town’s storm drain infrastructure.

DISCUSSION
Construction Bid Process and Analysis
The project bid documents were advertised on October 15, 2025, pursuant to the informal bid process of the California Uniform Public Construction Cost Accounting Act (CUPCCAA) and Moraga Municipal Code Chapter 3.06. Bid documents were sent to a list of qualifying contractors. One (1) bid was received from FJ&I Engineering, Inc., and opened on October 29, 2025.

FJ&I Engineering, Inc. (FJ&I) of San Pablo, CA, was the lowest bidder. Attachment C. FJ&I’s bid proposal total amount is $135,000, which is 40% less than the engineer’s estimate of $210,000. J&I proposes using an ADS corrugated flexible pipe to replace the damaged section, which is one of the acceptable pipe options described in the bid documents. The proposed material will provide significant cost savings and eliminate the long manufacturing lead time that is needed due to the atypical size of the existing concrete pipe.

Based on an analysis of the bid packages, the Town Engineer recommends finding FJ&I as the lowest responsive and responsible bidder. The Town Engineer recommends awarding FJ&I a $135,000 construction contract based on being the lowest responsible and responsive bidder. Additionally, the Town Engineer recommends a $20,250 (15%) construction contingency for any change orders that may be necessary during construction. This will increase the total amount to not to exceed $155,250.

FISCAL IMPACT
The construction contract award is recommended at a cost of $135,000, with an additional $20,250 allocated for construction contingency, for a total amount not to exceed $155,250.

Sufficient funding is available in the 2025 Pavement Rehabilitation Project (CIP 25-401), which is included in the FY 2025-26 Capital Improvement Program (CIP) Budget, and funded by Gas Tax, Refuse Vehicle Impact Fee and Measure K funds. The project budget includes a total $1,000,000 for construction and a $100,000 construction contingency.

CEQA COMPLIANCE
Finding that the construction work is exempt from review under the California Environmental 27 Quality Act (CEQA) pursuant to 14 Cal. Code Regs. 15301 (Class 1-Existing Facilities).

ALTERNATIVES

1. Adopt the attached Resolution with modifications; or

2. Do not adopt the attached Resolution and provide direction to staff.

NEXT STEPS
Upon approval, staff will issue a construction contract to the awarded contractor immediately. Work is anticipated to begin in November 2025, but may be paused due to inclement weather over the winter months.

ATTACHMENTS
Attachment A - Draft Resolution
Attachment B - Project Location and Vicinity Map.pdf
Attachment C - Informal Bid Form (Bid Tabulation)
Attachment D - Draft Construction Contract
28 Attachment A
Resolution No. XX-2025 November 12,2025

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. __-2025

AUTHORIZING THE TOWN MANAGER TO EXECUTE THE CONSTUCTION

CONTRACT WITH FJ&I ENGINEERING, INC FOR AUGUSTA DRIVE STORM DRAIN REPAIRS, IN THE AMOUNT OF $135,000 AND AUTHORIZING A 15% CONTINGENCY FOR A TOTAL AMOUNT NOT TO EXCEED $155,250; AND FINDING PROJECT

CATEGORICALLY EXEMPT FROM CEQA (CLASS I)
WHEREAS, the 2025 Street Rehabilitation Projects (CIP 25-401) are fully funded in the adopted Fiscal Year (FY) 2025-26 Capital Improvement Program (CIP) Budget; and WHEREAS, the Augusta Storm Drain Repairs is integrated into the 2025 Street Rehabilitation Project (CIP 25-401) and funded through its budget; and WHEREAS, on October 15, 2025, the approved project bid documents for the Augusta Drive Storm Drain Repairs 2025 Street Rehabilitation Project (CIP 25-401) went out to bid pursuant to the California Uniform Public Construction Cost Accounting Act (CUPCCAA) informal bidding procedure. A bid notice was sent to the town’s list of qualifying contractors; and
WHEREAS, on October 29, 2025, one (1) bid proposal package was received and bid opened; and
WHEREAS, FJ&I Engineering, Inc.’s (San Pablo, CA) bid proposal was the apparent lowest bid; and
WHEREAS, the Town Engineer found FJ&I Engineering, Inc. (San Pablo, CA) as the lowest responsive and responsible bidder with a base bid amount of $135,000; and WHEREAS, the Town Engineer recommends awarding FJ&I Engineering, Inc. (San Pablo, CA) a Construction Contract for the total bid price of $135,000 per Contract Bid Proposal rules; and
WHEREAS, the Town Engineer recommends authorizing a Construction Contingency amount for future contract change orders up to 15% of the contract amount in the amount of $20,250, as needed during construction; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Moraga hereby determines that:

1. FJ&I Engineering, Inc. (San Pablo, CA) is determined to be the lowest responsive and responsible bidder with a base amount of $135,000.

2. Pursuant to CUPCCAA, hereby awards a construction contract to FJ&I Engineering, Inc. (San Pablo, CA) for the base bid amount of $135,000 for 29 Attachment A
Resolution No. XX-2025 November 12,2025
the Augusta Storm Drain Repairs 2025 Street Rehabilitation Project (25- 401)

3. The Town Manager is hereby authorized to execute the Construction Contract in the amount of $135,000 with minor contract revisions that may be approved by the Town Manager and the Town Attorney, and to execute any other necessary documents to effectuate the terms of the Construction Contract.

4. The Town Engineer is hereby authorized to issue Contract Change Orders for up to $20,250 (15% of the contract amount) for a total amount not to exceed $155,250.

5. This project is not subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. 15301 (Class 1-Existing Facilities).
30 Attachment B
31 Attachment C
Contractor/Vendor:

Contractor/Vendor Address:

Contact Person:

Phone Number:

Email:

Item No. Qty Unit Cost Total Unit Cost Total Unit Cost Total 1 LS $ 5,000.00 $5,000.00
2 LS $ 10,000.00 $10,000.00
3 LS $ 5,000.00 $5,000.00
4 100 Feet $ 900.00 $90,000.00
5 CA $ 25,000.00 $25,000.00
$135,000.00
$135,000.00
Submitted By: Approved by:

Department: Title:

Date: Date:

Coding Block
(Fund/Dept/Account):
(for goods and services with estimated cost between $5,000 and $220,000) (510)650-2655 (877)782-6730

FJ&I ENGINEERING INC
1981 21st Street San Pablo, CA
94806

TOWN OF MORAGA
Informal Bid Form
Bidder No. 1 Bidder No. 2 (Non-Responsive) Bidder No.3 (Non-Responsive) [email protected]

KEREX ENGINEERING INC
4941 Pacheco Blvd, Martinez, CA
94553
Patrick Madden
[email protected] [email protected] Remove 21" Dia RCP and Install Flexible Pipe
Subtotal:

Sales Taxes (9.75%), if applicable
Shipping, if applicable
GRAND TOTAL (Add Subtotal, Tax and Shipping):

Traffic Control & Construction Area Signs
Water Pollution Control
Time and Materials for Potential Pipe Repairs
A3 PIPELINE
121 Quint Street, San Francisco, CA
94124
Fernando Flores
(415)214-4395
Description
Mobilization/Demobilization
Marco Avila
Administrative Services Dept/Informal Bid Form
02/08/2012 32
Attachment D
July 2024 Page 1 of 5
Contract
OAK #4838-0232-3687 v2

CONTRACT
Augusta Drive Storm Drain Repair Project (CIP 25-401)
This public works contract (“Contract”) is entered into by and between Town of Moraga (“Owner”) and FJ&I Engineering Inc (“Contractor”) for work on the Augusta Drive Storm Drain Repair Project- Town CIP No. 25-401 (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Informal Bid Notice, Contractor has submitted a Bid Proposal to perform work on the Project, and on November 12, 2025, the Owner authorized the award of this Contract to Contractor for the amount of Contractor’s bid.

2. Contract Documents. The Contract Documents are comprised of collectively:
the Informal Bid Notice; the Bid Proposal, and attachments thereto; the Contract; the notice of award and notice to proceed; the payment and performance bonds; the liability and insurance requirements; certificates of insurance and proof of liability coverage; the conformed Project plans, drawings and specifications; Change Orders, if any; the guaranty; the agreement and release of any and all claims; and (if any) items identified as Contract Documents in the General Conditions. Approved Shop Drawings, other Contractor submittals, the reports and drawings of subsurface and physical conditions provided for informational purposes only do not comprise Contract Documents.

3. Contractor’s Services. Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents.

Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, Owner shall pay Contractor One Hundred and ThirtyFive Thousand Dollars ($135,000) (the “Contract Price”), in accordance with the payment provisions set forth in the General Conditions. The Contract Price is all inclusive and includes all Work; all federal, state, and local taxes on materials and equipment, and labor furnished by Contractor, its subcontractors, subconsultants, architects, engineers, and vendors or otherwise arising out of Contractor's performance of the Work, including any increases in any such taxes during the term of this Agreement; and any duties, fees, and royalties imposed with respect 33 Attachment D
July 2024 Page 2 of 5
Contract
OAK #4838-0232-3687 v2
to any materials and equipment, labor or services. The taxes covered hereby include (but are not limited to) occupational, sales, use, excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on any item or service that is part of the Work, whether such taxes are normally included in the price of such item or service or are normally stated separately. Notwithstanding the foregoing, each party shall bear such state or local inventory, real property, personal property or fixtures taxes as may be properly assessed against it by applicable taxing authorities.

5. Time for Completion. Contractor shall provide an executed contract and the necessary bonding and insurance certifications within two (2) days of the notice of award, prior to the construction start date of November 17, 2025. Contractor shall fully complete the Work for the Project within 15 working days from the commencement date given in the notice to proceed. Contract execution and work completion are collectively referred to as the “Contract Times”. By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Times, Owner may assess liquidated damages in the amount of five hundred dollars ($500) for each day of unexcused delay in substantial completion, five hundred dollars ($500) for each day of unexcused delay in final completion and the Contract Price shall be reduced accordingly.

7. Labor Code Compliance. This public works Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including, but not limited to, requirements pertaining to wages, working hours and workers’ compensation insurance. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

8. Workers’ Compensation Certification. Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.
34 Attachment D
July 2024 Page 3 of 5
Contract
OAK #4838-0232-3687 v2

10. Notice. Any notice, billing, or payment required by the Contract Documents must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by e-mail as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party shall be given as follows:

Owner Contractor
Name Town of Moraga FJ&I Engineering Inc
Address 329 Rheem Boulevard 1981 21st Street
City/state/zip Moraga, CA 94556 San Pablo, CA 94806
Phone (925) 888-7026 (510) 650-2655
Fax (925) 376-5203
Attn: Shawn Knapp Marco Avila
Email [email protected] [email protected]
Copy to: [email protected]

11. General Provisions.

11.1. Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without Owner’s written consent. This Contract is binding on Contractor’s successors and permitted assigns.

11.2. Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Supplemental General Conditions.

11.3. Governing Law and Venue. This Contract shall be governed by California law and venue shall be in the Superior Court of the County in which the Project is located, and no other place.

11.4. Amendment. No amendment or modification of this Contract shall be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

11.5. Integration; Severability. This Contract and the Contract Documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between Owner and Contractor. If any provision of this Contract, or portion thereof, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract shall remain in full force and effect.

11.6. Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party.
35 Attachment D
July 2024 Page 4 of 5
Contract
OAK #4838-0232-3687 v2
{This Space Intentionally Blank}
36 Attachment D
July 2024 Page 5 of 5
Contract
OAK #4838-0232-3687 v2
The parties agree to this Contract as witnessed by the signatures below:

OWNER: CONTRACTOR:
s/ s/
Scott Mitnick
Town Manager
Name: Marco Avila
Title: Treasurer
Date:

Attest: Company: FJ&I Engineering Inc
Address: 1981 21st Street
s/ San Pablo CA 94806
Amy Heavener
Town Clerk
Date:

Seal:

Approved as to Form:
s/
Michelle Marchetta Kenyon
Town Attorney
Date:

Approved:
s/
Katie Bruner
Administrative Services Director
Date:
37 CONSENT CALENDAR: 6.4
To: Honorable Mayor and Councilmembers
From: Mackenzie Brady, Parks and Recreation Director
Subject: Art in Public Spaces Committee Charter Amendments and Mission Statement Creation
Meeting Date: November 12, 2025

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Adopt a Resolution amending the Art in Public Spaces Committee (APSC) Charter to:

1. Update the membership composition to include five (5) voting community members who live or work in Moraga and one (1) non-voting Town Council Liaison;

2. Remove designated positions for the Park and Recreation Commission and Planning Commission; and

3. Approve the Art in Public Spaces Committee Mission Statement.

BACKGROUND
The Art in Public Spaces Committee (APSC) was established in 2016 with seven members:
one representative each from the Town Council, Design Review Board, Park and Recreation Commission, Moraga Park Foundation, and three “Moraga Community Members.” The APSC currently has seven (7) voting members and one (1) non-voting Town Council Liaison. The seven voting members include: five (5) community members, one (1) Park and Recreation Commission member, and one (1) Planning Commission member. Of these representatives, the Park and Recreation Commission and Planning Commission member positions are currently vacant.

In August 2024, the Council adopted a resolution adding “Enriching the lives of residents and visitors through art” to the Committee’s purpose; the addition of staff to assist with recording minutes; and updating meeting frequency to monthly.
38 At this time, the APSC has requested further Charter revisions to better reflect its current structure and operations, and to formally adopt a mission statement, as none previously existed.

DISCUSSION
The Art in Public Spaces Committee (APSC) has evolved into an active and engaged advisory body leading significant public art initiatives and partnerships. In recent years, the Committee has undertaken major community projects including:

The 335 Rheem mural: conception, community input, and installation, followed by a ribbon-cutting celebration.

The acquisition and placement of many outdoor sculptures at West Commons Park, the Moraga Library, and along the Lafayette-Moraga Regional Trail.

The West Commons Sculpture Garden Celebration, honoring new installations and local sculptors.

A collaborative “Moraga for Monarchs” project with Joaquin Moraga Middle School, the Moraga Library, and The Garden Club.

A sketching crawl at Saint Mary’s College that engaged students and local artists.

A youth involvement project dispersing native seed balls to promote pollinator habitats.

To continue this level of community engagement, the Committee recommends updating its Charter to streamline representation and improve efficiency.

Proposed Changes
Membership Composition: Five (5) voting members who live or work in Moraga and one (1) non-voting Town Council Liaison.

Elimination of Commission Seats: The designated Park and Recreation Commission and Planning Commission seats would be removed. These bodies will continue to have opportunities to participate in discussions when relevant or to receive updates.

Mission Statement: Adoption of the following mission statement to formally define the Committee’s purpose and guiding principles.

Mission Statement
The Art in Public Spaces Committee (APSC) enhances the cultural, environmental, and civic vitality of Moraga through public art. Our work includes permanent and temporary installations—such as sculptures, murals, and digital media—as well as arts-based community events including poetry readings, art contests, and participation in town fairs. Our mission is to improve the quality of life for residents by enhancing open space, celebrating the natural environment, encouraging citizen participation, and making art accessible to all. We thoughtfully integrate diverse 39 artistic expressions into public spaces, foster community engagement, and build partnerships with artists, local organizations, and civic stakeholders. Through inclusive programming and creative placemaking, we reflect Moraga’s identity, strengthen community pride, and contribute to a vibrant and welcoming town for all.

These changes align the APSC Charter with its current operations and allow members to focus on advancing Moraga’s arts programming and community partnerships.

FISCAL IMPACT
There is no direct fiscal impact related to updating the APSC Charter and Mission Statement.

CEQA COMPLIANCE
Amending the Art in Public Spaces Charter is not subject to 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.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

ALTERNATIVES

1. Approve with modifications; or

2. Decline to approve and provide direction to staff.

NEXT STEPS
Upon adoption, staff will update the Art in Public Spaces Committee Charter to reflect the approved amendments and newly adopted Mission Statement. Staff will work with the Committee to develop an annual work plan to bring back to Council for review.

ATTACHMENTS
Attachment A - Draft Resolution - APSC Charter Amendments Attachment B - PROPOSED APSC CHARTER
40 Attachment A

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. XX-2025

AMENDING THE ART IN PUBLIC SPACES COMMITTEE (APSC) CHARTER TO

UPDATE MEMBERSHIP COMPOSITION, REMOVE DESIGNATED COMMISSION

SEATS, AND APPROVE THE ART IN PUBLIC SPACES COMMITTEE MISSION

STATEMENT
WHEREAS, the Art in Public Spaces Committee (APSC) was established in 2016 with seven members, one each from Town Council, Design Review Board (absorbed by the Planning Commission), Park and Recreation Commission, Moraga Park Foundation, and three “Moraga Community Members”;
WHEREAS, in January 2019, Town Council approved removing the Town Council Liaison, and adding a Non-Council Liaison, as well as removing the Park Foundation member; WHEREAS, in June 2023, the Town Council approved increasing the number of “Moraga Community Members” from three (3) to four (4);
WHEREAS, on February 14, 2024, the Town Council established a “Non-Voting Town Council or Non-Councilmember Liaison” position and confirmed two additional “Moraga Community Members,” resulting in a total of five (5) community members; WHEREAS, on August 28, 2024, the Town Council adopted a resolution amending the APSC Charter to include “Enriching the lives of residents and visitors through art” within the Committee’s purpose and updated the meeting frequency to quarterly; WHEREAS, during 2025, the Art in Public Spaces Committee reviewed the existing Charter and recommended additional modifications to more accurately reflect the Committee’s structure and scope of work, including the removal of designated seats for the Park and Recreation Commission and Design Review Board (Planning Commission), as those commissions are no longer able to participate as regular voting members; WHEREAS, the proposed amendments clarify that the APSC shall consist of five (5) voting members who live or work in Moraga, and one (1) non-voting Town Councilmember or Non-Council Liaison; and
WHEREAS, the Art in Public Spaces Committee has also developed a formal Mission Statement to clearly define its purpose, values, and community goals, which has been recommended for Town Council approval.

NOW THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Moraga hereby amends the Art in Public Spaces Committee Charter as set forth in the revised Charter attached hereto as Exhibit A.

BE IT FURTHER RESOLVED, that the Town Council hereby approves the Art in Public Spaces Committee Mission Statement as set forth in the Mission Statement attached hereto as Exhibit B.
41 Resolution No. XX-2025 2 November 12, 2025
Exhibit A

TOWN OF MORAGA

ART IN PUBLIC SPACES COMMITTEE
Charter
Responsibility and Purpose: The purpose of this Art in Public Spaces Committee is to implement a Public Art Policy for art in public spaces including:
o Reviewing and recommending the selection and acceptance of loaned or donated artwork to the Town Council; and
o Reviewing and making a recommendation to the Town
Council on the deaccessioning or removal of artwork.
o Enriching the lives of residents and visitors through art.

Category: Standing Committee
Appointed by: Town Council
Number of Members: Five (5) Voting Members and one Non-Voting Member Composition: All members must live or work in Moraga. The following will be represented on the subcommittee, as reasonably practicable:
 One (1) Non- Voting Town Council Liaison
 Five (5) Moraga Community Members
Meeting Format: Subject to the Brown Act, recorded with action minutes, by a Committee Member, or staff.

Frequency: Monthly, or as needed. Meeting will be held on a weekday, time TBD.

Term of Committee: Ongoing as long as policy is in effect.

Appointment Process: All members shall be appointed by the Town Council. The term of service for each member shall generally be three (3) years. If an APSC member terms out from their primary advisory body, that member will be replaced with a seated member of the same body. The initial terms of some members may be less than three (3) years so that the expiration dates, which shall be scheduled for February 28, are staggered so that a majority of members’ terms do not expire in the same year. Each member shall serve until a successor is appointed. Each member of the Committee 42 Resolution No. XX-2025 3 November 12, 2025
may be replaced by the Town Council, upon a formal action to replace said member. A member automatically shall be removed from the Committee if that member is absent from three (3) consecutive Committee meetings without cause. A member is not absent without cause if the absence:
(1) is due to illness; or (2) is unavoidable and the member notifies the presiding member of the Committee before the day of the meeting that the member will be absent and explains the reason for that absence.

Budget: The Town of Moraga shall establish a special reserve account designated as the Art in Public Spaces Fund. This reserve account shall be credited annually, with any funds allocated by the Town through the budgetary process and monies received through donations or grants or otherwise obtained. The fund is to be maintained and administered by the Town’s Administrative Services Director.

Deliverables/Scope: Public art in Moraga
Staff Liaison: Parks and Recreation Director, Town of Moraga 43 Resolution No. XX-2025 4 November 12, 2025
Exhibit B

ART IN PUBLIC SPACES COMMITTEE

RECOMMENDED MISSION STATEMENT
Mission Statement
The Art in Public Spaces Committee (APSC) enhances the cultural, environmental, and civic vitality of Moraga through public art. Our work includes permanent and temporary installations—such as sculptures, murals, digital media—as well as arts-based community events including poetry readings, art contests, and participation in town fairs. Our mission is to improve the quality of life for residents by enhancing open space, celebrating the natural environment, encouraging citizen participation, and making art accessible to all. We thoughtfully integrate diverse artistic expressions into public spaces, foster community engagement, and build partnerships with artists, local organizations, and civic stakeholders.

Through inclusive programming and creative placemaking, we reflect Moraga’s identity, strengthen community pride, and contribute to a vibrant and welcoming town for all. 44 Attachment B

TOWN OF MORAGA

ART IN PUBLIC SPACES COMMITTEE
Charter
Responsibility and Purpose: The purpose of this Art in Public Spaces Committee is to implement a Public Art Policy for art in public spaces including:
o Reviewing and recommending the selection and acceptance of loaned or donated artwork to the Town Council; and
o Reviewing and making a recommendation to the Town Council on the deaccessioning or removal of artwork.
o Enriching the lives of residents and visitors through art.

Category: Standing Committee
Appointed by: Town Council
Number of Members: Six (6)
Composition: All members must live or work in Moraga. The following will be represented on the subcommittee, as reasonably practicable:
 One (1) Non- Voting Town Council Liaison
 One (1) Park and Recreation Commission Member
 One (1) Design Review Board Member
 Five (5) Moraga Community Members
Meeting Format: Subject to the Brown Act, recorded with action minutes, by a Committee Member, or staff.

Frequency: Monthly, or as needed. Meeting will be held on a weekday, time TBD.

Term of Committee: Ongoing as long as policy is in effect.

Appointment Process: All members shall be appointed by the Town Council. The term of service for each member shall generally be three (3) years. If an APSC member terms out from their primary advisory body, that member will be replaced with a seated member of the same body. The initial terms of some members may be less than three (3) years so that the expiration dates, which shall be scheduled for February 28, are staggered so that a majority of members’ terms do not expire in
45 Attachment B
the same year. Each member shall serve until a successor is appointed. Each member of the Committee may be replaced by the Town Council, upon a formal action to replace said member. A member automatically shall be removed from the Committee if that member is absent from three (3) consecutive Committee meetings without cause. A member is not absent without cause if the absence:
(1) is due to illness; or (2) is unavoidable and the member notifies the presiding member of the Committee before the day of the meeting that the member will be absent and explains the reason for that absence.

Deliverables/Scope: Public art in Moraga
Staff Liaison: Parks and Recreation Director, Town of Moraga 46 PUBLIC HEARING: 8a.

To: Honorable Mayor and Councilmembers
From: Sonia Urzua, AICP, Planning Director, Brian Horn, Principal Planner Subject: Proposed Ordinance Repealing and Replacing Moraga Municipal Code Chapter 15.05 “Building Codes” of Title 15 and Adopt by Reference Certain Sections of Contra Costa County Ordinance No. 2025-19, which Adopts the 2025 California Building Code Standards with Changes, Additions, and Deletions
Meeting Date: November 12, 2025

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
It is recommended that the Town Council take the following actions:

2. Find the ordinance exempt from review pursuant to sections 15061(b)(3) and 15378(b) (5) of the California Environmental Quality Act; and

3. Set a public hearing date of January 14, 2026, for the adoption of the ordinance.

BACKGROUND
The California Building Standards Commission adopted the 2025 California Building Standards Code (CBSC), which is updated every three years, replacing the 2022 CBSC. The CBSC includes the California Building, Residential, Electrical, Plumbing, Mechanical, Green 47 Building Standards, Wildland Urban Interface, Energy, Historical Building, Fire Code, and Existing Building Codes (collectively referred to as “Building Codes”). These Building Codes will become effective on January 1, 2026. The 2025 Building Codes set the new minimum standards required for building construction in California. Although these Building Codes apply Statewide, Health and Safety Code Sections 17958.5 and 18941.5 allow local jurisdictions to modify or amend these codes and establish more restrictive building standards if the local jurisdiction determines that the changes are reasonably necessary due to local climatic, geological, topographical, or environmental conditions.

The Contra Costa County Board of Supervisors adopted County Ordinance 2025-19 (Attachment C) on November 4, 2025. This ordinance will adopt and amend the Building Codes to address local climatic, geographical, topographical, and environmental conditions, as outlined in the findings made by the County (Attachment B). The Contra Costa County Department of Conservation and Development provides CBSC compliance and building inspection services within the Town of Moraga on a contractual basis. Under the Joint Exercise of Powers Agreement (JEPA) dated June 17, 1975, between the Town of Moraga and Contra Costa County, the Town is required to adopt the Contra Costa County Ordinance within 120 days of receiving notification of any changes to the code (Attachment E).

Relevant to the update for this cycle, Assembly Bill (AB) 130, a budget trailer bill, was signed into law on June 30, 2025. This new law became effective immediately and made significant changes to a local government’s ability to adopt amendments to the California Building Standards by essentially placing a moratorium on the adoption or modification of new State and local building standards affecting residential units. AB 130, among other changes, amended Health and Safety Code sections 17958 and 17958.5, 17958.7, and 18941.5 to prohibit a local government from making changes or adopting more restrictions (e.g., Reach Codes) to the State Building Standards applicable to residential units from October 1, 2025, to June 1, 2031, unless one of the following conditions is met:

The changes or modifications are substantially equivalent to changes or modifications previously filed by the city/county and were in effect as of September 30, 2025.

The Commission deems the change or modification necessary as an emergency standard to protect health and safety.

The changes or modifications relate to home hardening
[1]
.

The building standards relate to home hardening and are proposed for adoption by a fire prevention district.

The changes or modifications are necessary to implement a local code amendment that is adopted to align with a general plan approved on or before June 10, 2025, and that permits mixed-fuel (i.e., electric and natural gas, etc.) residential construction consistent with federal law while also incentivizing all-electric construction as part of an adopted greenhouse gas emissions reduction strategy.

Where the changes or modifications are related to administrative practices, are proposed for adoption during the time between Building Code updates, and exclusively result in any of the following:
48 Reductions in time for a local agency to issue a post-entitlement permit.

Alterations to a local agency’s post-entitlement fee schedule.

Modernization of, or adoption of, new permitting platforms and software utilized by the local agency.

Reductions in cost of internal operation for a local agency.

Establishment, alteration, or removal of local programs related to the enforcement of building code violations or complaints alleging building code violations[2]. [1] Home hardening is generally used to describe vegetation management compliance and building materials used to resist the intrusion of flames or embers projected by a wildland fire. [2] Health & S C § 17958(b)(1-6), 17958.5(c)(1-6) and 17958.7(c)(1-6).

DISCUSSION
County Ordinance 2025-19 amended the Building Codes to address local climatic, geographical, topographical, and environmental conditions. The local amendments to the 2025 CBSC are the same as those made in the previous 2022 CBSC cycle. The more substantive of these local amendments are summarized as follows:

Modifications to the 2025 California Building Code

1. Require the installation of a smoke detector in each existing flat-roof building when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. (§ 74-4.002(b).)

2. Require wood shakes or shingles used for exterior wall covering to be fire-treated. (§ 74-

4.002(c).)

3. Require special inspections for concrete compressive strength at certain foundations to be consistent with code requirements for concrete at other locations. (§ 74-4.002(d).)

4. Address the poor performance of plain concrete structural elements during seismic events. (§ 74-4.002(e), § 74-4.002(g), and § 74-4.002(h).)

5. Prohibit the placement of reinforcement while the concrete is in a semifluid condition, thus increasing quality control during construction. Enhanced quality control is necessary because of seismic considerations. (§ 74-4.002(f).)
49 6. Require minimum strength and construction standards for slabs-on-ground. (§ 74-4.002(i).) Modifications to the 2025 California Residential Code

1. Prohibit the use of gypsum wallboard as braced wall panels in single- and two-family dwellings and accessory structures and limit the use of Portland Cement Plaster braced walls to one-story single- and two-family dwellings, as these materials have performed poorly during recent California seismic events. (§74- 4.004(c) and §74-4.004(d).) Modifications to the 2025 California Green Building Standards Code

1. Impose more restrictive electric vehicle charging standards, as follows:

2. For new multi-family buildings, require ten percent of the total number of parking spaces to be equipped with fully operational Level 2 electric vehicle supply equipment for all multi-family buildings. (§ 74-4.006(c).)

3. For new non-residential buildings, other than office and retail buildings, increase the number of designated electric vehicle parking spaces that must have fully functional charging equipment. (§ 74-4.006(h).

Construction and Demolition Debris Recycling
In addition to the amendments described above, the County Ordinance includes local amendments to the 2025 California Green Building Standards Code (CalGreen) for Construction and Demolition (C&D) debris recycling. However, the Town regulates C&D recycling separately from the County under MMC §15.08 – Construction and Demolition Debris Recycling. MMC §15.08 was amended by Town Council Ordinance 255, adopted in 2015, to align with the model ordinance recommended by RecycleSmart. RecycleSmart is a solid waste authority serving member agencies in Central Contra Costa. RecycleSmart approves and certifies C&D facilities for compliance with C&D diversion requirements established by the California Green Building Code Standards pursuant to AB 939 (The California Waste Management Act).

Since the Town has its own local C&D recycling program, staff does not recommend adoption of the standards included in the County Ordinance located in sections 74-4.006(a)(b)(d)(e)(f) (g)(i)(j)(l) of Ordinance 2025-19. The JEPA allows the Town to not adopt certain amendments to the CBSC that do not apply to the Town. In this case, the Town enforces C&D recycling separately from the County.
50 New AB 130 Restrictions on Local Amendments to the CBSC for Residential Construction As discussed above, AB 130 restricts the authority of local jurisdictions to adopt amendments to the Building Codes related to the construction of residential units, except through several narrowly defined exceptions.

The current proposed amendments, which are the same as those adopted locally in the 2022 CBSC cycle, may continue. However, any new local code amendments to the 2025 CBSC affecting residential construction are currently limited, and none are proposed. Local jurisdictions still have broader discretion to adopt code amendments for non-residential construction, provided they make the required findings. Ordinance 2025-19 includes findings stating that the modifications applicable to residential units included in Ordinance No. 2025-19 are permitted under AB130 because they are substantially like modifications that were in effect in Contra Costa County as of September 30, 2025.

There is one local amendment in Ordinance No. 2025-19 that was not in effect as of September 30, 2025, which modifies Section 1405.2 of the California Building Code (§ 74-

4.002(c)), to require that wood shakes or shingles used for exterior wall covering be firetreated. Ordinance No. 2022-35 also included this modification but included an exception for when the exterior wall was at least 10 feet from the property line or faced a street. Thus, the modification in Ordinance No. 2025-19 is more restrictive than the modification previously in effect in Contra Costa County. Nevertheless, Ordinance No. 2025-19’s modification to Section 1405.2 is permitted under AB130 because it relates to home hardening as it further protects the subject residential unit from fire and inhibits the spread of fire to surrounding residential units.

CBSC Part 7 - Wildland Urban Interface and Part 9 – California Fire Code County Ordinance 2025-19 does not adopt Part 7, the Wildland Urban Interface Code, and Part 9, the Fire Code of the CBSC. These will be adopted separately by the Moraga Orinda Fire District with local amendments, which will be brought before the Town Council for ratification at a separate meeting. However, the Contra Costa County Department of Conservation and Development will enforce the Special Building Construction Requirements, detailed in Chapter 5 of Part 7, for buildings located in the Wildland Urban Interface (WUI) and High and Very High Fire Hazard Severity Zones, once adopted for the Town’s geographic boundaries. This will include any amendments made locally by MOFD to Chapter 5, Part 7.

MOFD will enforce the remainder of these parts, which include vegetation management, sprinklers, fire alarm and detection systems, and other related components. 51 FISCAL IMPACT
There is sufficient funding in the adopted FY 2025-2026 General Fund Budget to cover the time and publication costs associated with preparing the proposed Ordinance. The attached amendments will not increase costs for existing residents, as the amendments are consistent with existing regulations in the County’s building code.

CEQA COMPLIANCE
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA), in that the adoption of State codes and the local amendments herein described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b)(3) and 15378(b) (5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).

ALTERNATIVES

1. Introduce the proposed ordinance with modifications.

2. Do not introduce the proposed ordinance and provide staff direction.

3. Take no action. In this case, the Building Code would become effective within the Town’s jurisdiction on January 1, 2026, without amendments, and the Town’s regulations would not be consistent with the County’s building code regulations, which will violate the 1975 Joint Exercise of Powers Agreement between Contra Costa County and the Town of Moraga.

NEXT STEPS
Ordinances that are adopted by reference require the Town Council to set a date for the second public hearing of the proposed Ordinance, and a public hearing notice of the second hearing be published pursuant to California Government Code sections 50022.2 and 50022.3.

ATTACHMENTS
Attachment A - Proposed Ordinance Adopting 2025 Building Code Attachment B - Contra Costa Ordinance. No. 2025-19 Findings Attachment C - Contra Costa Ordinance No. 2025-19 Adoption of 2025 Building Standards Code
Attachment D - Redline changes to MMC Chapter 15.04
Attachment E - 1975 Joint Exercise of Powers Agreement
52 Ordinance No. XX-2025 1 November 12, 2025
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TOWN OF MORAGA

TOWN COUNCIL
ORDINANCE NO. XX-2025
Repealing and Replacing Moraga Municipal Code Chapter 15.05 “Building Codes” of Title 15 and Adopting by Reference Certain Sections of Contra Costa County Ordinance No. 2025-19, which Adopts, the 2025 California Building Code, the 2025 California Residential Code, the 2025 California Electrical Code, the 2025 California Mechanical Code, the 2025 California Plumbing Code, the 2025 California Energy Code, the 2025 California Historical Building Code, the 2025 California Existing Building Code and the 2025 California Green Building Standards with Changes, Additions and Deletions, with Adoption of Findings to Justify Stricter Construction Standards to Address Local Climatic, Geological, or Topographical Conditions as Authorized by Health and Safety Code Sections 17958.5 and 18941.5; and Finding the Ordinance Exempt from Review Pursuant to Sections 15061(b)(3) and 15378(b) (5) of the California Environmental Quality Act
WHEREAS, on June 17, 1975, the Town of Moraga ("Town") entered into a Joint Exercise of Powers Agreement with the County of Contra Costa ("County") requiring the Town to enact and maintain building code ordinances that are "identical in all material respects with the corresponding County Codes now in force in the County;" and WHEREAS, on November 4, 2025, the County Board of Supervisors adopted County Ordinance No. 2025-19 (the "County Ordinance") adopting the 2025 California Building Code, the 2025 California Residential Code, the 2025 California Green Building Standards Code, the 2025 California Electrical Code, the 2025 California Plumbing Code, and the 2025 California Mechanical Code and 2025 California Existing Buildings Code (collectively, the "Statewide Codes") which are found at the California Code of Regulations, Title 24, Parts 2, 2.5, 11, 3, 5, 4 and 10) with amendments pursuant to Health and Safety Code Sections 17958.5 and 18941.5; and
WHEREAS, in connection with adoption of the County Ordinance, the County made certain findings (the "County Findings") required by Health and Safety Code Sections 17985.7 related to the local climatic, geological, topographical and environmental conditions that make reasonably necessary the County Ordinance's amendments to the Statewide Codes; and
WHEREAS, this ordinance is enacted pursuant to Health & Safety Code Sections 17958. 5 and 17958. 7 and Government Code Section 50022. 2 to make local amendments to the California Building Standards Code; and WHEREAS, the Town Council has reviewed the local amendments set forth herein and finds that they are consistent with and equivalent to changes or modifications previously filed by the Town with the State Building Standards Commission amending the 2022 Building Standards and there is no material change in regulatory effect to the 53 Ordinance No. XX-2025 2 November 12, 2025
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standards in effect in the Town of Moraga as of September 30, 2025. Additionally, as discussed in the County Findings restated herein, certain changes or modifications previously filed relate to home hardening and continue to be necessary due to local climatic, geologic or topographical conditions, as described therein.

WHEREAS, the Town has reviewed the County Ordinance and the County Findings and now desires to adopt by reference the County Ordinance and to independently make the findings required pursuant to Health and Safety Code Section 17985.7 and set forth herein; and
WHEREAS, a copy of this Ordinance, the County Ordinance and County Findings, and the California Building Standards adopted herein, have been on file and available for public inspection in the office of the Town Clerk prior to consideration of the Ordinance and will continue to be available for as long as this Ordinance remains in effect.

WHEREAS, on November 12, 2025, the Town Council held a public meeting and introduced by title only an Ordinance Repealing and Replacing Moraga Municipal Code (MMC) Chapter 15.04 “Building Codes” of Title 15 and Adopting by Reference Certain Sections of Contra Costa County Ordinance No. 2025-19, which Adopts the 2025 California Building Code, the 2025 California Residential Code, the 2025 California Electrical Code, the 2025 California Mechanical Code, the 2025 California Plumbing Code, the 2025 California Energy Code, the 2025 California Historical Building Code, and Making Certain Amendments Thereto and scheduled the public hearing date for the second reading of the Ordinance on January 14, 2026.

WHEREAS, the Town has given proper notice of the adoption of the various building codes and standards by reference pursuant to California Government Code sections 50022.2 and 50022.3.

NOW THEREFORE, the Town Council of the Town of Moraga does ordain and find that:

SECTION 1. Pursuant to the California Environmental The proposed ordinance is exempt from the California Environmental Quality Act (“CEQA”), in that the adoption of State codes and the local amendments herein described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b) (3) and 15378(b) (5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).

Findings regarding local climatic, topographical and geological conditions pursuant to Health and Safety Code Section 17958.7 and Assembly Bill 130.

The California Building Standards Commission has adopted and published the 2025 Building Standards Code (California Code of Regulations, Title 24), which is comprised of the 2025 California Building, Residential, Green Building Standards, Electrical, Plumbing, Mechanical, and Existing Building Codes. These codes are enforced in Contra Costa County by the Building Inspection Division of the Department of Conservation and Development which also provides building inspection services to the town. 54 Ordinance No. XX-2025 3 November 12, 2025
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Although these codes apply statewide, Health and Safety Code Sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions. For amendments to the California Green Building Standards Code, local climatic, geological, and topographical conditions include local environmental conditions.

Contra Costa County Ordinance No. 2025-19 adopts the statewide codes and amends them to address local conditions. Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of Supervisors found, and the Town Council of Moraga similarly finds, that most of the more restrictive standards contained in Ordinance No. 2025-19 are reasonably necessary because of the local climatic, geological, and topographic conditions that are described below and exist in the Town of Moraga, within Contra Costa County and support the local amendments.

I. Local Conditions.

A. Geological and Topographic.

1. Seismicity.
(a) Conditions.

Contra Costa County is mapped as Seismic Design Categories D and E, indicating very high risk for earthquakes. Buildings and other structures in these zones can experience major seismic damage. Contra Costa County is near numerous earthquake faults including the San Andreas Fault, and all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. (b) Impact.

A major earthquake could severely restrict the response of Contra Costa County Fire Districts and their capability to control fires. When buildings not equipped with earthquake structural support move off their foundations, gas pipes may rupture.

Fires may develop from line ruptures and spread from house to house, causing an extreme demand for fire protection resources. The proximity of large areas within the county to fault traces necessitates adopting stricter structural construction standards.

2. Soils.
(a) Conditions.

The area is replete with various soils, many of which are expansive. Many areas have landslide prone soils, and some areas are potentially liquefiable during severe seismic shaking.

Throughout Contra Costa County, the topography and development growth has 55 Ordinance No. XX-2025 4 November 12, 2025
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created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percentage of slope, many exceeding twenty (20) percent.

Several of these roads extend up through the winding passageways in the hills providing access to remote housing subdivisions. Most of these roads are private with no established maintenance program
(b) Impact
During inclement weather, these roads are subject to rock and mudslides, as well as downed trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be unpassable preventing fire protection resources from reaching fires caused by gas line ruptures or other sources.

3. Topographic.
(a) Conditions.
(i) Vegetation.

Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout Contra Costa County, especially in those developed and developing areas of the county. Earthquake gas fires due to gas line ruptures can ignite grasslands and stress fire district resources.
(ii) Surface Features.

The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit feasible response routes for fire district resources in and to district areas.
(iii) Buildings, Landscaping, and Terrain.

Many buildings and building complexes have building access and landscaping features and designs which preclude or greatly limit any approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width, and grades that are too steep for Fire District vehicles adversely affect fire suppression efforts.

When fire district vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Access problems often result in severely delay fire and smoke control efforts. In existing structures where pitched roofs have been built over an existing roof, smoke detectors should be required to warn residents of smoke and fire before the arrival of fire personnel.
(b) Impact.
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The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the Town's fire resources. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Most earthquake fires are caused by natural gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur.

Other variables may intensify the situation:

1. The extent of damage to the water system.

2. The extent of isolation due to bridge and/or freeway overpass collapse.

3. The extent of roadway damage and/or amount of debris blocking the roadways.

4. Climatic condition (hot, dry weather with high winds).

5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours.

6. The availability of timely mutual aid or military assistance.

7. The large portion of dwellings with wood shake or shingle coverings (both on the roof diaphragm and sides of the dwellings) could result in conflagrations.

8. The large number of dwellings that slip off their foundations and rupture gas lines and electrical systems resulting in further conflagrations.

More restrictive electric vehicle charging standards would not impact the availability of fire or public safety resources.

B. Climatic.

1. Precipitation and Relative Humidity.
(a) Conditions.

Precipitation ranges from fifteen (15) to twenty-four (24) inches per year with an average of approximately twenty (20) inches per year. Ninety-six (96) percent of precipitation falls during the months of October through April, and four percent from May through September. May through September is a dry five (5) month period each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from forty-five (45) to sixtyfive (65) percent during spring, summer, and fall, and from sixty (60) to ninety (90) percent in the winter. It occasionally falls as low as fifteen (15) percent. (b) Impact.

Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Gas fires due to gas 57 Ordinance No. XX-2025 6 November 12, 2025
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line ruptures can also spark and engulf a single- family residence during these dry periods.

Because of dryness, a rapidly burning gas fire or exterior building fine can quickly transfer to other buildings by means of radiation or flying brands, sparks or embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the fire district resulting in an excessive fire loss.

2. Greenhouse Gas Emissions.
(a) Conditions.

The California Air Resources Board has collected information on emissions from air pollution sources since 1969. This information is periodically compiled by State and local air pollution control agencies to create regional and statewide greenhouse gas emissions inventories. The California greenhouse gas emissions inventory maintains information on various air pollution sources and identifies " transportation" (all on-road vehicles such as automobiles and trucks, and off-road vehicles such as trains, ships, aircraft, and farm equipment) as a primary pollution source.

According to the 2020-2022 statewide inventory (2024 Edition), the transportation sector remains the largest source of greenhouse gas emissions, accounting for thirty-seven-point seven (37.7) percent of the total greenhouse gas emissions.

Emissions from recycling and waste, comprising 2.2% of the total greenhouse gas emissions, have grown by 14.1% since 2000, and 96% of that amount is landfill emissions. California adopted land use and transportation policies and mandatory recycling laws to help reduce greenhouse gas emissions by promoting the use of renewable energy sources and reducing landfill disposal. (b) Impact.

More restrictive electric vehicle charging standards would be consistent with the intent of state legislation and county and town requirements to aggressively implement energy policies designed to ensure success in meeting their greenhouse gas emission reduction and reusable energy goals.

3. Temperature.
(a) Conditions.

Temperatures have been recorded as high as 114° F. Average summer highs are in the 75° to 90° range, with average maximums of 105° F in some areas of unincorporated Contra Costa County.
(b) Impact.

High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building, wildland fires, and fires caused by gas line ruptures.
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Another impact from high temperatures is that combustible building material and nonirrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more fire resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the fire districts in Contra Costa County. The change of temperatures throughout the county between very low and extreme highs contributes to a voltage drop in conductors used for power pole lines.

This necessitates that voltage drops be considered.

More restrictive electric vehicle charging standards would not have a negative impact on the temperature conditions within the county.

4. Winds.
(a) Conditions.

Prevailing winds in many parts of Contra Costa County are from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities can reach fourteen (14) mph to twentythree (23) mph ranges, gusting to twenty-five (25) to thirty- five (35) mph. Forty (40) mph winds are experienced occasionally and winds up to fifty-five (55) mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions.
(b) Impact.

Winds such as those experienced locally can and do exacerbate fires, both interior and exterior, to burn, and spread rapidly. Fires involving non- irrigated weeds, grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be fanned to an intensity beyond the control capabilities of the fire services very quickly even by relatively moderate winds. When such fires are not controlled; they can extend to nearby buildings, particularly those with untreated wood shakes or shingles.

Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by all Contra Costa County Fire Districts on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roof and siding materials, buildings with inadequately separated interior areas, or buildings lacking automatic fire protection systems, proper gas shut-off devices or proper electrical systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major 59 Ordinance No. XX-2025 8 November 12, 2025
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factor where conflagrations have occurred.

More restrictive electric vehicle charging standards would not have a negative impact on the wind conditions within the County.

II. Necessity of more restrictive standards
Because of the conditions described above, the Contra Costa County Board of Supervisors found and the Town Council of Moraga finds that there are hazards unique to Contra Costa County and the Town of Moraga that require more restrictive structural and design load requirements, and energy and waste management policies set forth in Ordinance No. 2025-19.

III. Assembly Bill 130 Findings
In addition to the requirement that modifications and changes be reasonably necessary because of local climatic, geological, or topographical conditions, Assembly Bill 130 imposed additional limitations to modifications and changes that impact residential units. After October 1, 2025, a local jurisdiction may not make any modification or change to these codes that is applicable to residential units, except under specifically enumerated conditions. (Health & Saf. Code, § 17958.5(c).) The enumerated conditions that permit a local jurisdiction to make a modification or change affecting residential units include but are not limited to: (i) the change or modification is substantially equivalent to a change or modification that was in effect as of September 30, 2025 (Health & Saf. Code, § 17958.5(c)(1)), and (ii) the change or modification relates to home hardening (Health & Saf. Code, § 17958.5(c)(3)).

According, the modifications applicable to residential units included in Ordinance No. 2025-19, with one exception, are permitted under AB130 because they are substantially similar to modifications that were in effect in Contra Costa County as of September 30, 2025.

Ordinance No. 2025-19 modifies Section 1405.2 of the California Building Code (§ 74-4.002(c)), to require that wood shakes or shingles used for exterior wall covering to be fire treated. Ordinance No. 2022-35 also included this modification but included an exception for when the exterior wall was at least 10 feet from the property line or faced a street. Thus, the modification in Ordinance No. 2025-19 is more restrictive than the modification previously in effect in Contra Costa County.

Nevertheless, Ordinance No. 2025-19’s modification to Section 1405.2 is permitted under AB130 because it relates to home hardening as it further protects the subject residential unit from fire and inhibits the spread of fire to surrounding 60 Ordinance No. XX-2025 9 November 12, 2025
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residential units.

Because of the conditions described above, the Contra Costa County Board of Supervisors found and the Town Council of Moraga finds that there are building and fire hazards unique to Contra Costa County and the Town of Moraga that require more restrictive structural and design load requirements, and energy and waste management policies set forth in Ordinance No. 2025-19.

SECTION 3. REPEAL AND REPLACE: Moraga Municipal Code Section 15.04 – “Buildings and Construction” within Title 15 is deleted in its entirety and replaced with the following:
“Title 15 - BUILDINGS AND CONSTRUCTION
CHAPTER 15.04 - BUILDING CODES

15.04.010 - Adoption of portions of the Contra Costa County Ordinance Code.

The following portions of the Ordinance Code of Contra Costa County, California are adopted by reference under the authority of Sections 50020-50022.9 of the California Government Code:

The provisions of County Ordinance 2025-19, approved by the Contra Costa County Board of Supervisors on November 4, 2025, adopting the 2025 California Building Code, the 2025 California Residential Code, the 2025 California Electrical Code, the 2025 California Mechanical Code, the 2025 California Plumbing Code, the 2025 California Energy Code, the 2025 California Historical Building Code, the 2025 California Existing Building Code and the 2025 California Green Building Standards Code with changes, additions and deletions to the County Ordinance Code Sections as listed in Section II through Section IX of said County Ordinance, with the exception of the following: Section III subsections 301.1.1 (Additions and Alterations) and 301.3.2 (Waste Diversion) of the 2025 California Green Building Standards Code (CGBSC) Chapter 3; section 4.408.1 of the CGBSC Chapter 4 (Construction Waste Management); section 4.408.2 of the CGBSC Chapter 4 (Construction Waste Management Plan); section 4.408.5 of the CGBSC Chapter 4 (Waste Management Plan Documentation); section 5.408.1 of the CGBSC Chapter 5 (Nonresidential Construction Waste Management); section 5.408.1.1 of the CGBSC Chapter 5 (Nonresidential Construction Waste Management Plan), and section

5.408.1.4 (Nonresidential Waste Management Plan Documentation). The ordinance from which this chapter derives is adopted pursuant to Health and Safety Code Sections 17922, 17958, 17958.5, and 17958.7, and Government Code Sections 50020 through 50022.10.

15.04.020 - Amendment to Section 4.410 of the California Green Building Standards Code (aka CalGreen).

1. The maintenance and operations manuals for new buildings required under CalGreen Section 4.410 shall be provided as computer files on a suitable digital storage format, such as CDs, DVDs or flash drives and in a commonly used file 61 Ordinance No. XX-2025 10 November 12, 2025
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format, such as Adobe pdf. The organization of the maintenance and operations manual shall follow the sample standard format from the State Department of Housing and Community Development.

2. Nothing in this Code shall prohibit the town from imposing stricter standards than those set forth in the mandatory requirements of CalGreen.

15.04.030 - Amendment to adopted portions of the Contra Costa County Ordinance Code relating to drainage.

Adopted by reference in Section II of this section, Contra Costa County Ordinance Code Section 74-6.004, Drainage Facility Requirements, is amended by changing subsection (c) to read as follows:
"(c) Drainage of water from swimming pools and similar improvements (but not waste from water treatment facilities) shall be conveyed in accordance with the requirements of the NPDES Municipal Stormwater Permit for the Contra Costa Clean Water Program."

15.04.040 - References to officials and offices.

In the Ordinance Code of Contra Costa County and each of the statewide codes adopted by reference, a reference to "board of supervisors" means the town council of the town of Moraga, and a reference to an office, official title or other designation means the office, official title or designation in the governmental structure of the town, or if there is none, the official or titleholder in the town who performs the function of the duty referred to.”
SECTION 4: PUBLICATION.

The Town Clerk shall cause this Ordinance to be published in accordance with State Law.

SECTION 5: SEVERABILITY
The Town Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.

SECTION 6: EFFECTIVE DATE
This Ordinance shall be effective thirty days after the ordinance is adopted.

The foregoing Ordinance first reading was introduced at a regular meeting of the Town Council of the Town of Moraga held on November 12, 2025, and was adopted and ordered published at a regular meeting of the Town Council on January 14, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
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________________________
Steve Woehleke, Mayor
ATTEST:
____________________________
Amy Heavener, Town Clerk
63 FINDINGS FOR ORDINANCE NO. 2025-19
1 CONTRA COSTA COUNTY

FINDINGS IN SUPPORT OF CHANGES, ADDITIONS, AND DELETIONS

TO STATEWIDE BUILDING STANDARDS CODE
The California Building Standards Commission has adopted and published the 2025 Building Standards Code, which is comprised of the 2025 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing, and Green Building Standards Codes. These codes are enforced in Contra Costa County by the Building Inspection Division of the Department of Conservation and Development.

Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions. For amendments to the California Green Building Standards Code, local climatic, geological, and topographical conditions include local environmental conditions.

Ordinance No. 2025-19 adopts the statewide codes and amends them to address local conditions.

Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of Supervisors finds that the more restrictive standards contained in Ordinance No. 2025-19 are reasonably necessary because of the local climatic, geological, and topographic conditions that are described below.

I. Local Conditions
A. Geological and Topographic

1. Seismicity
(a) Conditions
Contra Costa County is mapped as Seismic Design Categories D and E, indicating very high risk for earthquakes. Buildings and other structures in these zones can experience major seismic damage. Contra Costa County is near numerous earthquake faults including the San Andreas Fault, and all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. (b) Impact
A major earthquake could severely restrict the response of Contra Costa County Fire Districts and their capability to control fires. When buildings not equipped with earthquake structural support move off their foundations, gas pipes may rupture. Fires may develop from line ruptures and spread from house to house, causing an extreme demand for fire protection resources. The proximity of large areas within the County to fault traces necessitates adopting stricter structural construction standards.
64 FINDINGS FOR ORDINANCE NO. 2025-19
2 2. Soils
(a) Conditions
The area is replete with various soils, many of which are expansive. Many areas have landslide prone soils, and some areas are potentially liquefiable during severe seismic shaking.

Throughout Contra Costa County, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percentage of slope, many exceeding 20%. Several of these roads extend up through the winding passageways in the hills providing access to remote housing subdivisions. Most of these roads are private with no established maintenance program.
(b) Impact
During inclement weather, these roads are subject to rock and mudslides, as well as downed trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be unpassable preventing fire protection resources from reaching fires caused by gas line ruptures or other sources.

3. Topographic
(a) Conditions
i. Vegetation
Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations 6 to 8 months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings.

This condition can be found throughout Contra Costa County, especially in those developed and developing areas of the County. Earthquake gas fires due to gas line ruptures can ignite grasslands and stress fire district resources.
ii. Surface Features
The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit feasible response routes for Fire District resources in and to District areas. iii. Buildings, Landscaping, and Terrain
Many buildings and building complexes have building access and landscaping features and designs which preclude or greatly limit any approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width, and grades that are too steep for Fire District vehicles adversely affect fire suppression efforts.

When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Access problems often severely delay fire and smoke control efforts. In existing structures where 65 FINDINGS FOR ORDINANCE NO. 2025-19
3 pitched roofs have been built over an existing roof, smoke detectors should be required to warn residents of smoke and fire before the arrival of fire personnel.
(b) Impact
The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the County fire resources. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Most earthquake fires are caused by natural gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur.

Other variables may intensify the situation:
• The extent of damage to the water system.
• The extent of isolation due to bridge and/or freeway overpass collapse. • The extent of roadway damage and/or amount of debris blocking the roadways.
• Climatic condition (hot, dry weather with high winds). • Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours. • The availability of timely mutual aid or military assistance. • The large portion of dwellings with wood shake or shingle coverings (both on the roof diaphragm and sides of the dwellings) could result in conflagrations.
• The large number of dwellings that slip off their foundations and rupture gas lines and electrical systems resulting in further conflagrations.

More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not impact the availability of the County’s fire or public safety resources.

B. Climatic

1. Precipitation and Relative Humidity
(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April, and 4% from May through September. May through September is a dry 5-month period each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45 to 65% during spring, summer, and fall, and from 60 to 90% in the winter. It occasionally falls as low as 15%. (b) Impact
Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are 66 FINDINGS FOR ORDINANCE NO. 2025-19
4 often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Gas fires due to gas line ruptures can also spark and engulf a single-family residence during these dry periods.

Because of dryness, a rapidly burning gas fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks or embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss.

2. Greenhouse Gas Emissions
(a) Conditions
The California Air Resources Board has collected information on emissions from air pollution sources since 1969. This information is periodically compiled by State and local air pollution control agencies to create regional and statewide greenhouse gas emissions inventories. The California greenhouse gas emissions inventory maintains information on various air pollution sources and identifies “transportation” (all on-road vehicles such as automobiles and trucks, and offroad vehicles such as trains, ships, aircraft, and farm equipment) as a primary pollution source. According to the 2020-2022 statewide inventory (2024 Edition), the transportation sector remains the largest source of greenhouse gas emissions, accounting for 37.7% of the total greenhouse gas emissions. Emissions from waste, comprising 2.2% of the total greenhouse gas emissions, have grown by

14.1% since 2000, and 96% of that amount is landfill emissions. California adopted land use and transportation policies and mandatory recycling laws to help reduce greenhouse gas emissions by promoting the use of renewable energy sources and reducing landfill disposal.

On November 5, 2024, Contra Costa County adopted its 2045 General Plan and 2024 Contra Costa County Climate Action and Adaptation Plan (CAAP). An updated local greenhouse gas emission inventory was included as part of the 2024 CAAP. For the purpose of reducing greenhouse gas emissions, the C2024 CAAP contains 29 climate action strategies, 11 of which directly result in greenhouse gas emission reductions. These strategies include, among other things, actions to support limiting the amount of waste disposal in landfills, actions to increase the installation of electric vehicle charging stations for all vehicle types as well as actions to increase the use of zero-emission vehicles throughout unincorporated Contra Costa County.
(b) Impact
More restrictive electric vehicle charging standards and construction and demolition waste recovery requirements would be consistent with the intent of State legislation and County requirements to aggressively implement energy and waste policies designed to ensure success in meeting their greenhouse gas emission reduction goals.
67 FINDINGS FOR ORDINANCE NO. 2025-19
5 3. Temperature
(a) Conditions
Temperatures have been recorded as high as 114° F. Average summer highs are in the 75° to 90° range, with average maximums of 105° F in some areas of unincorporated Contra Costa County.
(b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building, wildland fires, and fires caused by gas line ruptures.

Another impact from high temperatures is that combustible building material and non- irrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more fire resources to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire Districts in Contra Costa County. The change of temperatures throughout the County between very low and extreme highs contributes to a voltage drop in conductors used for power pole lines. This necessitates that voltage drops be considered.

More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not have a negative impact on the temperature conditions within the County.

4. Winds
(a) Conditions
Prevailing winds in many parts of Contra Costa County are from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities can reach 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry condition.
(b) Impact
Winds such as those experienced locally can and do exacerbate fires, both interior and exterior, to burn, and spread rapidly. Fires involving non-irrigated weeds, grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be fanned to an intensity beyond the control capabilities of the fire services very quickly even by relatively moderate winds. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles.

Winds of the type experienced locally also reduce the effectiveness of exterior 68 FINDINGS FOR ORDINANCE NO. 2025-19
6 water streams used by all Contra Costa County Fire Districts on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roof and siding materials, buildings with inadequately separated interior areas, or buildings lacking automatic fire protection systems, proper gas shut-off devicesor proper electrical systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.

More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements, would not have a negative impact on the wind conditions within the County.

II. Necessity of More Restrictive Standards
Because of the conditions described above, the Contra Costa County Board of Supervisors finds that there are building and fire hazards unique to Contra Costa County that require the more restrictive fire protection, structural and design load requirements, and energy and waste management policies set forth in Ordinance No. 2025-19.

A. The ordinance amends the 2025 California Building Code by:

1. Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. (§ 74-4.002(b).)

2. Requiring wood shakes or shingles used for exterior wall covering to be fire treated. (§ 74-4.002(c).)

3. Requiring special inspections for concrete compressive strength at certain foundations to be consistent with code requirements for concrete at other locations. (§ 74-4.002(d).)

4. Addressing the poor performance of plain concrete structural elements during seismic events. (§ 74-4.002(e), § 74-4.002(g), and § 74-4.002(h).)

5. Prohibiting placement of reinforcement while the concrete is in a semifluid condition thus increasing quality control during construction. Enhanced quality control is necessary because of seismic considerations. (§ 74-4.002(f).)

6. Requiring minimum strength and construction standards for slabs-on-ground. (§ 74-4.002(i).)
B. The ordinance amends the 2025 California Residential Code by:

2. Prohibiting the use of gypsum wallboard as braced wall panels in single- and twofamily dwellings and accessory structures, and by limiting the use of Portland 69 FINDINGS FOR ORDINANCE NO. 2025-19
7 Cement Plaster braced walls to one story single- and two-family dwellings, as these materials have performed poorly during recent California seismic events. (§74- 4.004(c) and §74-4.004(d).)
C. The ordinance amends the 2025 California Green Building Standards Code by:

1. Imposing more restrictive electric vehicle charging standards, as follows:
(a) For new multi-family buildings, requiring ten percent of the total number of parking spaces be equipped with fully-operational Level 2 electric vehicle supply equipment for all multi-family buildings. (§ 74-4.006(c).) (b) For new non-residential buildings, other than office and retail buildings, increasing the number of designated electric vehicle parking spaces that must have fully functional charging equipment. (§ 74-4.006(h).)

2. Imposing more restrictive construction waste reduction, disposal, and recycling standards consistent with those presently enforced in the County as follows:
(a) Imposing the mandatory restrictions from Chapter 4 of the 2025 CGBSC on certain projects for existing residential buildings, including:
i. Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. (§ 74-4.006(a).) ii. Projects that impact 5,000 square feet or more of the total combined conditioned and unconditioned building area. (§ 74-4.006(a).) iii. Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. (§ 74-

4.006(a) and § 74-4.006(b).)
(b) Eliminating the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. (§ 74- 4.006(d).)
(c) Requiring measuring of all generated debris to ensure that at least 65% is diverted from landfills. (§ 74-4.006(g) and § 74-4.006(l).) (d) Requiring more comprehensive documentation for construction waste management be provided to the enforcing agency and making submittal of the same a prerequisite for scheduling final inspections. (§ 74-4.006(e) and § 74-

4.006(j).)
D. The amendments to the 2025 California Existing Building Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code, and to be consistent with the administrative provisions of the statewide codes as amended.

III. Assembly Bill 130 Findings
In addition to the requirement that modifications and changes be reasonably necessary because of local climatic, geological, or topographical conditions, Assembly Bill 130 imposed additional limitations to modifications and changes that impact residential units. 70 FINDINGS FOR ORDINANCE NO. 2025-19
8 After October 1, 2025, a local jurisdiction may not make any modification or change to these codes that is applicable to residential units, except under specifically enumerated conditions. (Health & Saf. Code, § 17958.5(c).) The enumerated conditions that permit a local jurisdiction to make a modification or change affecting residential units include but are not limited to: (i) the change or modification is substantially equivalent to a change or modification that was in effect as of September 30, 2025 (Health & Saf. Code, § 17958.5(c)(1)), and (ii) the change or modification relates to home hardening (Health & Saf.

Code, § 17958.5(c)(3)).

With one exception, each of the modifications applicable to residential units included in Ordinance No. 2025-19 were also included in Ordinance No. 2022-35, Contra Costa County’s adoption of the 2022 California Building Code with local amendments. The Contra Costa County Board of Supervisors adopted Ordinance No. 2022-35 on November 8, 2022, and the County’s adopted 2022 California Building Code with local amendments was effective on January 1, 2023. According, the modifications applicable to residential units included in Ordinance No. 2025-19, with one exception, are permitted under AB130 because they are substantially similar to modifications that were in effect in Contra Costa County as of September 30, 2025.

Ordinance No. 2025-19 modifies Section 1405.2 of the California Building Code (§ 74-

4.002(c)), to require that wood shakes or shingles used for exterior wall covering to be fire treated. Ordinance No. 2022-35 also included this modification, but included an exception for when the exterior wall was at least 10 feet from the property line or faced a street. Thus, the modification in Ordinance No. 2025-19 is more restrictive than the modification previously in effect in Contra Costa County. Nevertheless, Ordinance No. 2025-19’s modification to Section 1405.2 is permitted under AB130 because it relates to home hardening as it further protects the subject residential unit from fire and inhibits the spread of fire to surrounding residential units.
71 ORDINANCE NO. 2025-19
1 ORDINANCE NO. 2025-19

ADOPTION OF CALIFORNIA BUILDING STANDARDS CODES
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code):

SECTION I. SUMMARY. This ordinance adopts the 2025 California Building Code, the 2025 California Residential Code, the 2025 California Electrical Code, the 2025 California Mechanical Code, the 2025 California Plumbing Code, the 2025 California Energy Code, the 2025 California Historical Building Code, the 2025 California Existing Building Code, and the 2025 California Green Building Standards Code, with changes, additions, and deletions that are necessary because of local climatic, geological, or topographical conditions. This ordinance is adopted pursuant to Health and Safety Code sections 17922, 17958, 17958.5, and 17958.7, and Government Code sections 50020 through 50022.10.

SECTION II. Section 74-2.002 (Adoption) of Division 74 (Building Code) of the County Ordinance Code is amended to read:
74-2.002 Adoption.
(a) The building code of this county is the 2025 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2), the 2025 California Residential Code (California Code of Regulations, Title 24, Part 2.5), the 2025 California Energy Code (California Code of Regulations, Title 24, Part 6), the 2025 California Historical Building Code (California Code of Regulations, Title 24, Part 8), the 2025 California Existing Building Code (California Code of Regulations, Title 24, Part 10), and the 2025 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11), as amended by the changes, additions, and deletions set forth in this division and Division 72.
(b) The 2025 California Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(c) The 2025 California Residential Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(d) The 2025 California Energy Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.
72 ORDINANCE NO. 2025-19
2 (e) The 2025 California Historical Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(f) The 2025 California Existing Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division
(g) The 2025 California Green Building Standards Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(h) At least one copy of this building code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with.
(i) As of the effective date of the ordinance from which this division is derived, the provisions of the building code are controlling and enforceable within the county. (Ords. 2025-19, § 2, 2022-35 § 2, 2022-02 § 2, 2019-31 § 2, 2016-22 § 2, 2013-24 § 2, 2011-03 § 2, 2007-54 §3, 2002-31 § 3, 99-17 § 5, 99-1, 90-100 § 5, 87-55 § 4, 80-14 § 5, 74-30.) SECTION III. Chapter 74-4 (Modifications) of Division 74 (Building Code) of the County Ordinance Code is amended to read:

Chapter 74-4

MODIFICATIONS
74-4.002 Amendments to CBC. The 2025 California Building Code (“CBC”) is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used in this section are those of the 2025 California Building Code. (a) CBC Chapter 1 (Administration) is amended by the provisions of Division 72 of this code and as follows:
(1) Sections 103 and 113 of CBC Chapter 1 are deleted.
(2) In Section 105.2 (Work exempt from permit) of CBC Chapter 1 (Administration), subsection 4, is amended to read:

4. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids.
73 ORDINANCE NO. 2025-19
3 (3) Section 107.2.1 (Information on Construction Documents) of CBC Chapter 1 (Administration) is amended to read:
107.2.1 Information on Construction Documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.
(4) Section 110.1 (Inspections - General) of CBC Chapter 1 (Administration) is amended by adding the following to the end of that section:

At the time of first inspection by the county building official, a California licensed Land Surveyor or Civil Engineer shall certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures. (b) Section 907.2.11.2.5.1 is added to Section 907.2.11.2.5 (Existing Group R occupancies) of CBC Chapter 9 (Fire Protection and Life Safety Systems), to read:
907.2.11.2.5.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with California Residential Code Section R310.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. (c) Section 1405.2 is added to Section 1405 (Combustible materials on the exterior side of exterior walls) of CBC Chapter 14 (Exterior Walls), to read:
1405.2 Wood shakes or shingles. Wood shakes or shingles used for exterior wall covering shall be fire treated.
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74 ORDINANCE NO. 2025-19
4 (d) In Section 1705.3 (Concrete construction) of CBC Chapter 17 (Special Inspections and Tests), Exception 1 is amended to read:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength of no greater than 2,500 pounds-per-square inch (psi) (17.2 MPa). (e) Section 1809.8 (Plain concrete footings) of CBC Chapter 18 (Soils and Foundations) is deleted.
(f) Section 1810.3.9.3 (Placement of reinforcement) of CBC Chapter 18 (Soils and Foundations) is amended by deleting Exception 3.
(g) Section 1905.6.2 (Seismic design categories C, D, E, and F) of CBC Chapter 19 (Concrete) is amended to read:
1905.6.2 Seismic design categories C, D, E, and F. Structures assigned to Seismic Design Category C, D, E, or F shall not have elements of structural plain concrete, except as follows:

1. Reserved.

2. Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

3. Reserved.
(h) Section 1906 (Footings for light-frame construction) of CBC Chapter 19 (Concrete) is deleted.
(i) Section 1907.5 (Minimum Slab Provisions – General) is added to Section 1907 (SlabsOn-Ground) of CBC Chapter 19 (Concrete), to read:

Section 1907.5 Minimum Slab Provisions – General. Slabs shall have a minimum reinforcement of 6-inch by 6-inch, 10-gauge wire mesh or equal at midheight of the slab. (j) Appendix C, Appendix I, and Appendix P of the CBC are incorporated into the County building code. (Ords. 2025-19 § 3, 2022-35 § 3, 2019-31 § 3, 2016-22 § 3, 2013- 24 § 3, 2011-03 § 3, 2007-54 § 4, 2002-31 § 3, 99- 17 § 6, 99-1, 90-100 § 6, 87-55 § 5, 80-14 § 6, 74-30 § 1.)
75 ORDINANCE NO. 2025-19
5 74-4.004 Amendments to CRC. The 2025 California Residential Code (“CRC”) is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used in this section are those of the 2025 California Residential Code. (a) CRC Chapter 1 (Administration) is amended by the provisions of Division 72 of this code and as follows:
(1) Sections R103 and R112 of CRC Chapter 1 are deleted. (2) In Section R105.2 (Work exempt from permit) of CRC Chapter 1 (Administration), subsection 3 is amended to read:

3. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids.
(3) Section R106.1.1 (Information on Construction Documents) of CRC Chapter 1 (Administration) is amended to read:
106.1.1 Information on Construction Documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.
(4) Section R109.1.1 (Foundation inspection) of CRC Chapter 1 (Administration) is amended by adding the following to the end of that section:

R310.8.1.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with Section R310.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed.
(c) Section R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows:
(1) The title of Table R602.10.3(3) is amended to read:

TABLE R602.10.3(3)i
(2) Footnote “i” is added to Table R602.10.3(3), to read:
i. Method GB is not permitted and the use of Method PCP is limited to one-story dwellings and accessory structures.
(d) Section R602.10.4.5 (Limits on methods GP and PCP) is added to Section R602.10.4 (Construction methods for braced wall panels) of CRC Chapter 6 (Wall Construction), to read:

R602.10.4.5 Limits on methods GB and PCP. Method GB is not permitted, but gypsum board is permitted to be installed on the opposite side of the studs from other types of braced wall panel sheathing. The use of Method PCP is limited to one-story dwellings and accessory structures.
(e) Appendix BB, Appendix BF, Appendix BJ, and Appendix CI of the CRC are incorporated into the County building code. (Ords. 2025-19 § 3, 2022-35 § 3, 2019-31 § 3, 2016-22 § 3, 2013- 24 § 3, 2011-03 § 3.)
74-4.006 Amendments to CGBSC. The 2025 California Green Building Standards Code ("CGBSC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used in this section are those of the 2025 California Green Building Standards Code.
(a) Section 301.1.1 (Additions and alterations) of CGBSC Chapter 3 (Green Building) is amended by adding the following to the end of that section:

The mandatory provisions of Section 4.408 shall apply to the following types of construction or demolition projects for existing residential buildings:
77 ORDINANCE NO. 2025-19
7 1. Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more.

2. Alterations to existing structures impacting 5,000 square feet or more of total combined conditioned and unconditioned building area.

3. Demolition projects when a demolition permit is required.

Exception: Demolition projects undertaken because the
enforcing agency has determined that the demolition is
necessary to abate a public nuisance or otherwise protect public health and safety.

For the purposes of determining whether a project meets the 5,000 square-foot threshold, the enforcing agency may deem all phases of a project and all related projects taking place on a single parcel, or on two or more adjoining parcel(s), as a single project.
(b) Section 301.3.2 (Waste diversion) of CGBSC Chapter 3 (Green Building) is amended to read:

Section 301.3.2 Waste diversion. The requirements of Section 5.408 shall be required for additions, alterations, and demolition whenever a permit is required for work.

Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety.
(c) Section 4.106.4.2.2 (Multifamily Dwellings) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended by adding subsection (2)(d) to the end of that section, to read:
d. EV Chargers. Notwithstanding anything in this section to the contrary, at least ten (10) percent of the total number of parking spaces shall be equipped with fully-operational Level 2 EVSE.
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78 ORDINANCE NO. 2025-19
8 (d) Section 4.408.1 (Construction waste management) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 4.408.2.

Exceptions:

1. Excavated soil and land-clearing debris.

2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist or are not located within a reasonable distance from the jobsite.
(e) Section 4.408.2 (Construction waste management plan) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.2 Construction waste management plan. Submit a construction waste management plan for the project in conformance with Items 1 through 5 prior to issuance of a building permit. The construction waste management plan shall be updated as necessary, subject to approval by the enforcing agency. The approved plan, and any updates, shall be available during construction for examination by the enforcing agency. The plan must do all of the following:

1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.

2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).

3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waste material must have all applicable County approvals.

4. Identify construction methods employed to reduce the amount of construction and demolition waste generated.

5. Specify that the amount of construction and demolition debris shall be calculated consistent with the enforcing agency’s requirements 79 ORDINANCE NO. 2025-19
9 for the weighing of debris. The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales, or not practical due to materials being reused on-site or elsewhere, or not practical due to other considerations, and upon approval by the enforcing agency, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose.
(f) Section 4.408.3 (Waste management company) of CGBSC Chapter 4 (Residential Mandatory Measures) is deleted.
(g) Section 4.408.5 (Documentation) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.5 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 4.408.1, Section 4.408.2, Items 1 through 5, and, when applicable, Section 4.408.4 or Section 4.408.4.1, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but is not necessarily limited to, the following:

1. Documentation of the quantity, by weight, of each material type diverted or disposed, consistent with the requirements of Section

4.408.2, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose of waste generated by the project that substantiate the amounts specified on the construction waste management final report; or

2. For projects that satisfy the waste stream reduction alternative specified in Section 4.408.4 or Section 4.408.4.1, documentation of the quantity, by weight, of each material type disposed of and the total combined weight of construction and demolition waste disposed in landfills as a result of the project, the corresponding pounds disposed per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report.
80 ORDINANCE NO. 2025-19
10 (h) Table 5.106.5.3.1 (EV Capable Spaces and EVCS) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

TABLE 5.106.5.3.1 – EV CAPABLE SPACES AND EVCS

TOTAL NUMBER

OF ACTUAL

PARKING SPACES

NUMBER OF

REQUIRED EV

CAPABLE SPACES

OTHER THAN

OFFICE AND

RETAIL NUMBER

OF REQUIRED
EVCS2,3

OFFICE AND
RETAIL

NUMBER OF

REQUIRED
EVCS2,3
1-9 0 0 0
10-25 4 3 3
26-50 8 5 6
51-75 13 8 8
76-100 17 10 13
101-150 25 15 19
151-200 35 20 26
201 and over 20 percent of EV
capable spaces1
50 percent of EV
capable spaces1
75 percent of
EV capable
spaces1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. Each EVCS shall reduce the number of required EV capable spaces by the same number.

3. At least one Level 2 EVSE shall be provided.
(i) Section 5.408.1 (Construction waste management) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1.1.

Exceptions:

1. Excavated soil and land-clearing debris.

2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist.
(j) Section 5.408.1.1 (Construction waste management plan) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1.1 Construction waste management plan. Submit a construction waste management plan for the project in conformance with Items 1 through 5 prior to issuance of a building permit. The construction waste 81 ORDINANCE NO. 2025-19
11 management plan shall be updated as necessary, subject to approval by the enforcing agency. The approved plan, and any updates, shall be available during construction for examination by the enforcing agency. The plan must do all of the following:

1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.

2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).

4. Identify construction methods employed to reduce the amount of construction and demolition waste generated.

5. Specify that the amount of construction and demolition debris shall be calculated consistent with the enforcing agency’s requirements for the weighing of debris. The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales, or not practical due to materials being reused on-site or elsewhere, or not practical due to other considerations, and upon approval by the enforcing agency, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose.
(k) Section 5.408.1.2 (Waste management company) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is deleted.
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82 ORDINANCE NO. 2025-19
12 (l) Section 5.408.1.4 (Documentation) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1.4 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 5.408.1, Section 5.408.1.1, Items 1 through 5, and, when applicable, Section 5.408.1.3, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but may not necessarily be limited to, the following:

1. Documentation of the quantity, by weight, of each material type diverted or disposed, consistent with the requirements of Section

5.408.1.1, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose of waste generated by the project that substantiate the amounts specified on the construction waste management final report; or

2. For projects that satisfy the waste stream reduction alternative specified in Section 5.408.1.3, documentation of the quantity, by weight, of each new construction material type disposed and the total combined weight of new construction waste disposed as a result of the project, the corresponding pounds of new construction disposal per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose of waste generated by the project that substantiate the amounts specified on the construction waste management final report. (Ords. 2025-19 § 3, 2022-35 § 3, 2019-31 § 3, 2016-22 § 3, 2015-22 § 2.) 74-4.008 Amendments to CEBC. The 2025 California Existing Building Code (“CEBC”) is amended by the changes, additions, and deletions set forth in this chapter and Division 72.

Section numbers used in this section are those of the 2025 California Existing Building Code (a) CEBC Chapter 1 (Scope and Administration) is amended by the provisions of Division 72 of this code and as follows:
(1) Sections 103 and 112 of CEBC Chapter 1 (Scope and Administration) are deleted. (2) Section 106.1 (Construction Documents - General) of CEBC Chapter 1 (Scope and Administration) is amended by deleting the exception. (3) Section 106.2.1 (Construction documents) of CEBC Chapter 1 (Scope and Administration) is amended to read:
106.2.1 Construction documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic 83 ORDINANCE NO. 2025-19
13 media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all applicable laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and for the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the tops and toes of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.
(Ords. 2025-19 § 3, 2022-35 § 3, 2019-31 § 3, 2016-22 § 3.) 74-4.010 Reserved.
(Ords. 2025-19 § 3, 2022-35 § 3, 2022-02 § 3.)
SECTION IV. Section 76-2.002 (Adoption) of Division 76 (Electrical Code) of the County Ordinance Code is amended to read:
76-2.002 Adoption.
(a) The electrical code of this county is the 2025 California Electrical Code (California Code of Regulations, Title 24, Part 3) (“CEC”), as amended by the changes, additions, and deletions set forth in this division and Division 72.
(b) The 2025 California Electrical Code, with the changes, additions, and deletions set forth in Chapter 76-4 and Division 72, is adopted by this reference as though fully set forth in this division.
(c) At least one copy of this electrical code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with.
(d) As of the effective date of the ordinance from which this division is derived, the provisions of the electrical code are controlling and enforceable within the county. (Ords. 2025-19 § 4, 2022-35 § 4, 2019-31 § 4, 2016-22 § 4, 2013-24 § 4, 2011-03 § 4, 2007-54 § 5, 2002-31 § 4, 99-17 § 11, 89-60 § 2, 82-23 § 2, 79-67, 76-24.) ///
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84 ORDINANCE NO. 2025-19
14 SECTION V. Section 78-2.002 (Adoption) of Division 78 (Plumbing Code) of the County Ordinance Code is amended to read:
78-2.002 Adoption.
(a) The plumbing code of this county is the 2025 California Plumbing Code (California Code of Regulations, Title 24, Part 5), as amended by the changes, additions, and deletions set forth in Division 72.
(b) The 2025 California Plumbing Code, with the changes, additions, and deletions set forth in Division 72, is adopted by this reference as though fully set forth in this division. (c) At least one copy of this plumbing code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with.
(d) As of the effective date of the ordinance from which this division is derived, the provisions of the plumbing code are controlling and enforceable within the county. (Ords. 2025-19 § 5, 2022-35 § 5, 2019-31 § 5, 2016-22 § 6, 2013-24 § 5, 2011-03 § 5, 2007-54 § 6, 2002-31 § 5, 99-17 § 12, 74-29.)
SECTION VI. Section 710-2.002 (Adoption) of Division 710 (Mechanical Code) of the County Ordinance Code is amended to read:
710-2.002 Adoption.
(a) The mechanical code of this county is the 2025 California Mechanical Code (California Code of Regulations, Title 24, Part 4), as amended by the changes, additions, and deletions set forth in Division 72.
(b) The 2025 California Mechanical Code, with the changes, additions, and deletions set forth in Division 72, is adopted by this reference as though fully set forth in this division. (c) At least one copy of this mechanical code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with.
(d) As of the effective date of the ordinance from which this division is derived, the provisions of the mechanical code are controlling and enforceable within the county. (Ords. 2025-19 § 6, 2022-35 § 6, 2019-31 § 6, 2016-22 § 7, 2013-24 § 6, 2011-03 § 6, 2007-54 § 7, 2002-31 § 6, 99-17 § 13, 88-91 § 5, 74-31.) ///
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85 ORDINANCE NO. 2025-19
15 SECTION VII. Section 72-6.212 of the County Ordinance Code is amended to read:
72-6.212 Expiration of permit.
(a) A permit issued by the county building official becomes void if either of the following occur:
(1) The work authorized by the permit is not commenced within 12 months after the permit issuance date. Evidence that work has commenced consists of at least one approved inspection.
(2) The work authorized by the permit is suspended or abandoned for a period of 12 consecutive months after the work is commenced. Work is deemed suspended or abandoned for a period of 12 consecutive months if no approved inspection occurs during that time.
(b) A permittee holding an unexpired permit may apply to the county building official for a permit extension. Upon written request by the permittee demonstrating justifiable cause for the delay, the county building official may grant one or more extensions of time for additional periods not exceeding 180 days per each extension. (c) Once a permit becomes void, a new permit must be obtained before any work is commenced or recommenced, and a new permit fee must be paid. (Ords. 2025-19 § 7, 2022-35 § 7, 2019-31 § 7, 2007-54 § 2, 2002-31 § 2, 99-1 § 5, 87-55 § 3, 80-14 § 3, 74- 32 § 2, 71-32 § 1, 67-70 § 3: prior code § 7106: Ord. 1372 § 5H).

SECTION VIII. VALIDITY. The Contra Costa County Board of Supervisors declares that if any section, paragraph, sentence, or word of this ordinance or of the 2025 California Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Energy Code, Historical Building Code, Existing Building Code, or Green Building Code, as adopted and amended herein, is declared for any reason to be invalid by a court, it is the intent of the Contra Costa County Board of Supervisors that it would have passed all other portions or provisions of this ordinance independent of the elimination herefrom of any portion or provision as may be declared invalid by a court.
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86 ORDINANCE NO. 2025-19
16 SECTION IX. EFFECTIVE AND OPERATIVE DATES. This ordinance becomes effective 30 days after passage. This ordinance becomes operative January 1, 2026, or 30 days after passage, whichever is later. Within 15 days of passage, this ordinance shall be published once in the East Bay Times, a newspaper published in this County. This ordinance shall be published in a manner satisfying the requirements of Government Code section 25124, with the names of supervisors voting for and against it.

PASSED on ___________________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: MONICA NINO, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________ [SEAL]
Deputy
87 “Title 15 - BUILDINGS AND CONSTRUCTION
CHAPTER 15.04 - BUILDING CODES

15.04.010 Findings regarding local climatic, topographical, and geological conditions pursuant to Health and Safety Code Section 17958.7.

The California Building Standards Commission has adopted and published the 2022 Building Standards Code, which is comprised of the 2022 California Building, Residential, Green Building Standards, Electrical, Plumbing, Mechanical, and Existing Building Codes. These codes are enforced in Contra Costa County by the Building Inspection Division of the Department of Conservation and Development which also provides building inspection services to the town.

Although these codes apply statewide, Health and Safety Code Sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions. For amendments to the California Green Building Standards Code, local climatic, geological, and topographical conditions include local environmental conditions.

Contra Costa County Ordinance No. 2022-35 adopts the statewide codes and amends them to address local conditions. Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of Supervisors found, and the Town Council of Moraga similarly finds, that most of the more restrictive standards contained in Ordinance No. 2022-35 are reasonably necessary because of the local climatic, geological, and topographic conditions that are described below and exist in the Town of Moraga, within Contra Costa County and support the local amendments.

I. Local Conditions.

A. Geological and Topographic.

1. Seismicity.
(a) Conditions. Contra Costa County is located in Seismic Design Categories D and E which designates very high risk for earthquakes. Buildings and other structures in these zones can experience major seismic damage. Contra Costa County is near numerous earthquake faults including the San Andreas Fault, and all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955. E, which designates very high risk for earthquakes. Buildings and other structures in these zones can experience major seismic damage. Contra Costa County is near numerous earthquake faults including the San Andreas Fault, and all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955. The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area. A study released in 2015 by the Working Group of California Earthquake Probabilities predicts that for the San Francisco region, the 30-year likelihood of one or more earthquake of 6.7 or larger magnitude is seventy-two (72) percent. The purpose of this Working Group is to develop 88 statewide, time-dependent Earthquake Rupture Forecasts for California that use best available science, and are endorsed by the United States Geological Survey, the Southern California Earthquake Center, and the California Geological Survey.

Scientists, therefore, believe that an earthquake of a magnitude 6.7 or larger is now slightly more than twice as likely to occur as to not occur in, approximately, the next thirty (30) years.

Interstates 680, 80, 580 and State Route 4 run throughout Contra Costa County. These interstates and state route divide the County into west, south, north, and east areas. An overpass or undercrossing collapse would significantly alter the response route and time for responding emergency equipment.

Earthquakes of the magnitude noted above could cause major damage to electrical transmission facilities and to gas and electrical lines in buildings, causing disruption and potentially starting fires throughout the county.
(b) Impact. A major earthquake could severely restrict the response of Contra Costa County Fire Districts and their capability to control fires. When buildings not equipped with earthquake structural support move off their foundations, gas pipes may rupture.

2. Soils.
(a) Conditions. The area is replete with various soils, many of which are expansive.

Many areas have landslide prone soils and some areas are potentially liquefiable during severe seismic shaking. Throughout Contra Costa County, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding twenty (20) percent. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. The majority of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as downed trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be unpassable preventing fire protection resources from reaching fires caused by gas line ruptures or other sources.

3. Topographic.
(a) Conditions.
(i) Vegetation. Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout Contra Costa County, especially in those developed and developing areas of the county. Earthquake gas fires due to gas line ruptures can ignite grasslands and stress fire district resources.
(ii) Surface Features. The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit feasible response routes for fire district resources in and to district areas.
89 (iii) Buildings, Landscaping, and Terrain. Many of the newer large buildings and building complexes have building access and landscaping features and designs, which preclude or greatly limit any approach or operational access to them by fire district vehicles. In addition, the presence of security gates and roads of inadequate width and grades that are too steep for fire district vehicles adversely affect fire suppression efforts.

When fire district vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Difficulty reaching a fire site often impacts fire personnel response both in terms of the numbers that can reach the site and in the stamina of those fighting the fire. Access problems often result in severely delaying, misdirecting or making impossible fire and smoke control efforts. In existing structures where pitched roofs have been built over an existing roof, smoke detectors should be required to warn residents of smoke and fire before the arrival of fire personnel. (b) Impact. The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the Town's fire resources. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Most earthquake fires are caused by natural gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public safety resources would have to be prioritized to mitigate the greatest threat and may be unavailable for smaller single dwellings that affected or threatened by broken gas lines.

Other variables may intensify the situation:

1. The extent of damage to the water system.

2. The extent of isolation due to bridge and/or freeway overpass collapse.

3. The extent of roadway damage and/or amount of debris blocking the roadways.

4. Climatic condition (hot, dry weather with high winds).

5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours.

6. The availability of timely mutual aid or military assistance.

7. The large portion of dwellings with wood shake or shingle coverings (both on the roof diaphragm and sides of the dwellings) could result in conflagrations.

8. The large number of dwellings that slip off their foundations and rupture gas lines and electrical systems resulting in further conflagrations.

More restrictive electric vehicle charging standards would not impact the availability of fire or public safety resources.

B. Climatic.

1. Precipitation and Relative Humidity.
(a) Conditions. Precipitation ranges from fifteen (15) to twenty-four (24) inches per year with an average of approximately twenty (20) inches per year. Ninety-six (96) percent of precipitation falls during the months of October through April, and four percent from May through September. May through September is a dry five month period each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from forty-five (45) to sixty-five (65) percent during spring, summer, and fall, and from sixty (60) to ninety (90) percent in the winter. It occasionally falls as low as fifteen (15) percent. 90 (b) Impact. Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Gas fires due to gas line ruptures can also spark and engulf a single- family residence during these dry periods.

2. Greenhouse Gas Emissions.
(a) Conditions. The California Air Resources Board has collected information on emissions from air pollution sources since 1969. This information is periodically compiled by State and local air pollution control agencies to create regional and statewide greenhouse gas emissions inventories. The California greenhouse gas emissions inventory maintains information on various air pollution sources and identifies " transportation" (all on-road vehicles such as automobiles and trucks, and off-road vehicles such as trains, ships, aircraft, and farm equipment) as a primary pollution source. According to the 2019 statewide inventory, the transportation sector remains the largest source of greenhouse gas emissions, accounting for thirty-nine-point seven (39.7) percent of the total greenhouse gas emissions. Emissions from recycling and waste, comprising two percent of the total greenhouse gas emissions, have grown by twenty (20) percent since 2000, and ninety-six (96) percent of that amount is landfill emissions. California adopted land use and transportation policies to help reduce greenhouse gas emissions by promoting the use of renewable energy sources and reducing landfill disposal.
(b) Impact. More restrictive electric vehicle charging standards would be consistent with the intent of state legislation and county and town requirements to aggressively implement energy policies designed to ensure success in meeting their greenhouse gas emission reduction and reusable energy goals.

3. Temperature.
(a) Conditions. Temperatures have been recorded as high as 114° F. Average summer highs are in the 75° to 90° range, with average maximums of 105° F in some areas of unincorporated Contra Costa County.
(b) Impact. High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building, wildland fires, and fires caused by gas line ruptures.

Another impact from high temperatures is that combustible building material and nonirrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more fire resources in order to control a fire on a hot day.

High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the fire districts in Contra Costa County.

The change of temperatures throughout the county between very low and extreme highs contributes to a voltage drop in conductors used for power pole lines. This 91 necessitates that voltage drops be considered. More restrictive electric vehicle charging standards would not have a negative impact on the temperature conditions within the county.

4. Winds.
(a) Conditions. Prevailing winds in many parts of Contra Costa County are from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities can reach fourteen (14) mph to twentythree (23) mph ranges, gusting to twenty-five (25) to thirty-five (35) mph. Forty (40) mph winds are experienced occasionally and winds up to fifty-five (55) mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions. (b) Impact. Winds such as those experienced locally can and do exacerbate fires, both interior and exterior, to burn, and spread rapidly. Fires involving non- irrigated weeds, grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be fanned to an intensity beyond the control capabilities of the fire services very quickly even by relatively moderate winds. When such fires are not controlled; they can extend to nearby buildings, particularly those with untreated wood shakes or shingles.

Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by all Contra Costa County Fire Districts on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas, or lacking automatic fire protection systems, or lacking proper gas shut-off devices to shut off gas when pipes are ruptured or lacking proper electrical systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.

More restrictive electric vehicle charging standards would not have a negative impact on the wind conditions within the County.

15.04.015 Necessity of more restrictive standards.

Because of the conditions described above, the Contra Costa County Board of Supervisors found and the Town Council of Moraga finds that there are building and fire hazards unique to Contra Costa County and the Town of Moraga that require more restrictive fire protection, structural and design load requirements, and energy and waste management policies set forth in Ordinance No. 2022-35.

15.04.020- Adoption of portions of the Contra Costa County Ordinance Code.

The following portions of the Ordinance Code of Contra Costa County, California are adopted by reference under the authority of Sections 50020-50022.9 of the California Government Code:

The provisions of County Ordinance 2022-352025-19, approved by the Contra Costa County Board of Supervisors on November 8, 20224, 2025, adopting the 20222025 California Building Code, the 20222025 California Residential Code, the 2022 California Green Building Standards Code, the 20222025 California Electrical Code, the 20222025 California Mechanical Code, the 2025 California Plumbing Code, the 20222025 California 92 MechanicalEnergy Code, and the 20222025 California Historical Building Code, the 2025 California Existing Building Code and the 2025 California Green Building Standards Code with changes, additions and deletions to the County Ordinance Code Sections as listed in Section II through Section XIX of said County Ordinance, with the exemptions ofexception of the following: Section III subsections 301.1.1 (Additions and Alterations) and 301.3.2, (Waste Diversion,) of the 20222025 California Green Building Standards Code (CGBSC) Chapter 3,; section 4.408.1 of the CGBSC Chapter 4 (Construction Waste Management,); section 4.408.2 of the CGBSC Chapter 4 (Construction Waste Management Plan,); section 4.408.5 of the CGBSC Chapter 4 (Waste Management Plan Documentation,); section 5.408.1 of the CGBSC Chapter 5 (Nonresidential Construction Waste Management,); section 5.408.1.1 of the CGBSC Chapter 5 (Nonresidential Construction Waste Management Plan,), and section 5.408.1.4 (Nonresidential Waste Management Plan Documentation, Section 100.0(e)(2)(A) of Subchapter 1 of the 2022 California Energy Code (CEnC) All-Electric Building Code, Section 100.0(b) of the CEnC Subchapter 1 All Electric Building Definition that are necessary because of local climatic, geological, or topographical conditions.). The ordinance from which this chapter derives is adopted pursuant to Health and Safety Code Sections 17922, 17958, 17958.5, and 17958.7, and Government Code Sections 50020 through 50022.10.

15.04.030020 - Amendment to Section 4.410 of the California Green Building Standards Code (aka CalGreen).

1. 1. The maintenance and operations manuals for new buildings required under CalGreen Section 4.410 shall be provided as computer files on a suitable digital storage format, such as CDs, DVDs or flash drives and in a commonly used file format, such as Adobe pdf. The organization of the maintenance and operations manual shall follow the sample standard format from the State Department of Housing and Community Development.

2. 2. Nothing in this Code shall prohibit the town from imposing stricter standards than those set forth in the mandatory requirements of CalGreen.

15.04.040030 - Amendment to adopted portions of the Contra Costa County Ordinance Code relating to drainage.

15.04.050040 - References to officials and offices.

In the Ordinance Code of Contra Costa County and each of the statewide codes adopted by reference, a reference to "board of supervisors" means the town council 93 of the town of Moraga, and a reference to an office, official title or other designation means the office, official title or designation in the governmental structure of the town, or if there is none, the official or titleholder in the town who performs the function of the duty referred to. .”
94 95
96 97
98 99
PUBLIC HEARING: 8b.

To: Honorable Mayor and Councilmembers
From: Sonia Urzua, Planning Director, Barry Miller, Barry Miller Consulting Subject: Proposed Amendments to Title 8 of the Moraga Municipal Code (Planning and Zoning) related to Scenic Corridors
Meeting Date: November 12, 2025

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Waive the first reading and introduce by title only an Ordinance amending Title 8 of the Moraga Municipal Code (MMC). The Ordinance implements Program 32 of the 2023-2031 Moraga Housing Element.

BACKGROUND
On January 25, 2023, the Moraga Town Council adopted the 2023-2031 Moraga Housing Element, a State-mandated policy document to address current and future housing needs in Moraga. The Town’s Housing Element was deemed compliant by the State Department of Housing and Community Development (HCD) on September 14, 2023. The compliance determination is critical and helps Moraga retain control over local land use and zoning decisions. To maintain its compliance status, the Town must implement the action items outlined in its Housing Element in a timely manner.

On July 7, 2025, HCD designated Moraga a “Pro-Housing” jurisdiction. The designation recognized the Town’s efforts to support housing development and implement its Housing Element. The designation improves the Town’s access to State housing funds and gives the Town priority processing and funding points for housing and infrastructure grants.

Housing Element Constraints Analysis
State law requires that the Housing Element include an analysis of potential constraints to housing development, including local zoning regulations. In 2022, the Draft Moraga Housing Element concluded that the Town’s Scenic Corridor regulations, in combination with development standards in the Moraga Center Specific Plan (MCSP) area, were a potential constraint to the construction of new housing for the following reasons:
100

1. The regulations impose a 40’ setback requirement for parcels with frontage along Moraga Road, Moraga Way, and Canyon Road in the Moraga Center Specific Plan (MCSP) area. The setback affects multiple sites zoned for higher density and mixed-use housing, effectively reducing their buildable area. This could impact unit yields and the feasibility of development.

2. The 40’ setback only applies within the MCSP area. A lower threshold of 25’ applies in the Rheem Park area.

3. The regulations require an 8-foot “stepback” for all floor area above the first floor in the MCSP area. In other words, any building with more than one story that faces Moraga Road, Moraga Way, or Canyon Road in Moraga Center is required to recess the upper floors by at least eight feet. This further reduces buildable floor area while potentially increasing design and construction costs.

4. The R-20/24 zoning district also includes a requirement for stepped-back upper floors, applying to parcels that are up to 500 feet from designated Scenic Corridors.

The analysis also found that Moraga’s Scenic Corridors—defined as 500 feet on each side of designated scenic routes (1,000 feet total)—include many parcels and areas not visible from the roadway. While the Municipal Code generally exempts non-visible areas from Scenic Corridor design review, there can be ambiguity about what qualifies as "non-visible." Nonexempt projects currently require review by the Planning Commission (acting in its capacity as the Design Review Board) rather than staff, increasing time and cost for applicants.

Program 32 of the Housing Element calls for revisiting corridor standards by 2025, particularly within the MCSP area. A 2022 staff analysis identified many existing buildings within MCSP boundaries located less than 40 feet from the property line of a Scenic Corridor, including Chase Bank, Bank of America, Wells Fargo Bank, Canyon Club Brewery, Chevron, Moraga Royale Assisted Living, and the 1001 Country Club office building. In 2022, staff recommended aligning MCSP standards with those in Rheem Park by adopting a uniform 25- foot setback along Scenic Corridors in both areas.

Moraga General Plan 2040
Scenic Corridor regulations continued to be a topic of discussion by the Town Council and Planning Commission during the Moraga General Plan Update in 2023–2024. The prior (2002) General Plan included a map of Scenic Corridors and policies that dated back to the Town’s 1980 General Plan. During the recent General Plan adoption process, several Commissioners and Councilmembers questioned the continued relevance of the Scenic Corridor designation.

They noted that visual quality within the MCSP area needs improvement, but the existing regulations do not support that outcome. In addition, some Planning Commissioners observed that many recent Scenic Corridor applications considered by the Commission were minor in scale and could be more appropriately reviewed at the staff level.

An action was included in the General Plan Community Design Element in response to the Council and Commission discussions. Action CD-C1 in the General Plan states:

Action CD-C1: Scenic Corridor Revisions. Update Moraga Municipal Code provisions for Scenic Corridors, particularly as they apply to parcels in Moraga Center and the requirements for review of structures and features within 500 feet of a designated corridor. Ensure that 101
development standards in the Code, including setbacks and stepbacks, do not preclude achievement of the maximum development envelope that would otherwise be allowed by zoning. Standards should encourage attractive architecture that enhances the visual quality of corridors and support walkability and pedestrian connectivity in the commercial/mixed use districts.

This action was listed as “immediate” in the General Plan Action Plan, indicating it should be completed within one year of adoption. As noted earlier, this action also appears in the Housing Element with a 2025 deadline—reinforcing that it is intended for completion this year.

Completion of the action in a timely manner would be consistent with the Town’s designation as a “Pro-Housing” jurisdiction.

Development Context
Housing Element Program 32 does not require reducing setbacks and stepbacks, but it does call for an evaluation to determine if the estimated yields in the Housing Element can be achieved under these regulations. This part of the staff report provides additional context for why the Housing Element identified scenic corridor requirements as a potential constraint in the MCSP area. It specifically addresses the parcels affected by these requirements in Moraga Center.

There are eight Housing Opportunity Sites affected, shown in Exhibit 1 and listed in Exhibit 2.

Exhibit 2 also indicates the zoning for each site, the total area of each site (in square feet), the number of housing units presumed by the Housing Element, and the frontage (in feet) along scenic corridors.

Two of the eight sites (C5 and D1) already have proposed development applications pending or under consideration. Of the other six, the impact of a 25-foot versus a 40-foot setback requirement varies based on site size and topography. The potential impacts are most apparent at Site C4 (due to the slope) and Sites E3 and F1 (due to small parcel sizes).

Site C4, which is a 5.35-acre former pear orchard located east of the Moraga Shopping Center, has an elevation change of 150 feet from the rear to the front and slopes exceeding 30 percent on much of the parcel. The flattest part of the site is along Moraga Road. The site is zoned R-12, which allows 12 units per acre. The Housing Element estimated the realistic capacity of the site at 33 units in total, and presumed townhomes similar to the developments north and south of this property.

The 40-foot setback along Moraga Road would still allow for a yield of 33 units on this parcel.

However, the setback could have unintended consequences, such as excessive grading in the “middle” (buildable) portion of the site, which could increase development costs. Development on this site would logically be closer to Moraga Road to reduce grading and visual impacts.

There could also be impacts on Sites E3 and F1, which are both less than one acre. Exhibit C illustrates the effects of a 25-foot setback versus a 40-foot setback on Site F1 (1350 Moraga Way). The site is 33,700 square feet and is currently zoned to allow 24 units per acre. The Housing Element assumed a capacity of 15 units. This could still be achieved with a 40’ setback along Moraga Way.

The property has 185 feet of frontage on Moraga Way. A 25-foot setback represents 4,600 102
square feet of “unbuildable” space, or about 13 percent of the parcel’s total area. A 40-foot setback represents 7,200 square feet of “unbuildable” space, or about 21 percent of the parcel’s total area. The setbacks on the other three sides of the property are zero, per MMC Section 8.41.050. Theoretically, this leaves 26,500 square feet of “developable” space on the property. However, only 20,200 square feet of the site may be covered by structures due to a 60 percent lot coverage requirement applies in this zoning district. In other words, the lot coverage limit may dictate the size of the building to a greater extent than the setback.

The upper story stepback requirement would mean that upper floors would be smaller than the ground floor. For example, if the building footprint on Site E3 was 140’ x 140’ (19,600 SF), an 8’ stepback would reduce the upper floor by 1,120 square feet (8’ x 140’), or about seven percent, relative to the ground floor. This would still provide ample space to accommodate a two- or three-story 15-unit project with associated parking.

While the stepback/setback requirements would still allow the development of Sites E3 and F1 in accordance with the Housing Element, they would be an additional consideration in site design and planning. This would also be true on Sites E1, E2, and F2. The stepback requirement, in particular, could affect project design.

Review of Other Ordinances
Staff conducted a thorough review of Scenic Corridor requirements in other jurisdictions before proposing changes to Moraga’s code. Scenic Corridor zoning is uncommon in Bay Area cities and towns, and more typically occurs at the county level where larger areas are rural. For instance, Alameda, Sonoma, Lake, and San Mateo Counties all have Scenic Corridor overlays. Bay Area cities and towns with Scenic Corridor “zones” include Half Moon Bay, Hercules, Woodside, Los Gatos, and Portola Valley. Oakland features a Scenic Corridor overlay for Shepherd Canyon Road and Skyline Drive.

Like Moraga, the overlays in these other communities include specific guidelines that address visual character, landscaping, and the preservation of the “natural” qualities of the roads.

Several of the corridors have special setback requirements, which keep structures farther from the road. However, the overlays in these communities are situated in low-density, rural areas and do not apply in commercial and mixed-use districts. Additionally, none of the communities reviewed have a 1,000-foot corridor width (e.g., 500 feet on each side of the road). Most only regulate parcels with frontage on the corridor. The other communities also do not automatically refer applications in scenic corridors to their planning commissions.

DISCUSSION
Overview
The Town Council is being asked to approve an ordinance replacing existing Scenic Corridor regulations with new regulations that address the issues raised in the previous section of this staff report. The proposed ordinance amends Chapter 8.132 of the Moraga Municipal Code (MMC), which specifically addresses Scenic Corridors, as well as related sections of the MMC that address Scenic Corridor standards, including Chapter 8.34 (R-20/24 zoning), Chapter

8.88 (signs), Chapter 8.200 (MCSP design standards), and Chapter 8.210 (Rheem objective design standards).
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In brief, the ordinance will do the following:
• Reduce the width of scenic corridors from 500 feet on either side of the road centerlines to 200 feet from the edge of the road right-of-way.
• Retain special design standards for projects in scenic corridors, but simplify these standards and the types of projects to which they apply. • Allow projects in scenic corridors to follow the same design review procedures applicable to all projects, including allowing staff review and approval of minor projects rather than automatically referring such projects to the Planning Commission. • Eliminate the 20-foot setback requirement for portable signs in scenic corridors • Reduce the scenic corridor setback in the MCSP area from 40 feet to 25 feet. • Eliminate the upper story stepback requirement along scenic corridors in the MCSP area. • Eliminate the upper story stepback requirement for projects within 500 feet of a scenic corridor in the R-20/24 zone
• Eliminate the portable sign requirement that they be set back at least 20 feet from the curb along designated scenic routes
Proposed Code Amendments
The proposed ordinance, including recitals and findings, is provided as Attachment A. A redlined version of the affected MMC sections, showing redline changes, is included as Attachment B.

Amendments to Chapter 8.132 – Scenic Corridors
The proposed ordinance replaces Chapter 8.132 of the Municipal Code, but the organization and much of the content of the existing chapter is retained in the revised version. A summary of the changes includes:
• 8.132.010: Purpose
The reference to the Scenic Highways Element of the General Plan has been removed, since that element is no longer included in the Plan.
• 8.132.020: Area subject to regulation
The width of a “Scenic Corridor” has been reduced from 500 feet on either side of the road to 200 feet on either side of the right of way. Donald Drive along the ridgeline of Mulholland Hill has been dropped from the list of scenic routes, since it is now a pedestrian and bicycle trail traversing public open space.
• 8.132.040: Structures and features subject to regulation The revisions make it clear that the ordinance only applies to projects that will be visible from 104
the scenic roadway. Such projects were previously listed in the section on “exceptions.” While the current ordinance applies to all building additions, the revised ordinance would apply only to additions that raise the building height or expand the footprint by 500 square feet or more. The current ordinance lists “signs” as being subject to review, and then later includes exceptions for four types of temporary signs. The proposed revision states that only permanent signs are subject to the ordinance as well as other signs that do not meet design review guidelines and/or Municipal Code provisions.
• 8.132.050: Development guidelines
The objective of the guidelines has been restated to reflect 2040 General Plan objectives.

Some of the guidelines have been revised to make them less subjective and avoid inferences that more restrictive setbacks and reduced heights may be applied at the discretion of staff and the Planning Commission. The guidelines have also been revised to acknowledge that Scenic Corridors pass through urban areas as well as low-density and open space areas. • 8.132.060: Adoption of specific standards
Proposed amendments to this section give the Town Council (rather than the Design Review Board) the authority to adopt specific standards for Scenic Corridors. • 8.132.070: Approval procedures for property less than 10 acres

8.132.080: Approval procedures for property more than 10 acres These two sections have been merged. They provide that projects within major scenic corridors are subject to the same design review application, review, approval, and appeal requirements as other design review applications, which are covered in Chapter 8.72 of the MMC. However, projects in scenic corridors are subject to a supplemental finding that the project conforms to the guidelines in Section 8.132.

The proposed revisions clarify that improvements in Scenic Corridors are eligible for staff-level design review, rather than being automatically referred to the Planning Commission simply because they are in a Scenic Corridor. Staff has the discretion to refer an application with a Scenic Corridor to the Planning Commission, as they do with other design review applications.

Staff decisions may also be appealed to the Planning Commission.

Likewise, projects that require a Planned District application are subject to the requirements in Chapter 8.48 and 8.50 of the MMC, which cover Planned Districts, including the requirement for a Conceptual Development Plan. It is not necessary to repeat these requirements in the Scenic Corridor regulations, as they are already included in the existing Code. • 8.132.090: Findings and appeal
This section is being deleted, as the previous section now addresses findings and appeals.

Amendments to R-20/24 Regulations (MMC Chapter 8.34)
The R-20/24 zone is Moraga’s highest density residential zone; all property in this zone is currently vacant, and all three parcels with this designation are housing opportunity sites.

These parcels represent important development opportunities for the Town and have been 105
designated for high-density housing since the adoption of the MCSP in 2010. The Town’s Housing Element expresses a commitment to facilitating multi-family housing on these properties.

The proposed ordinance would eliminate the special provisions for projects in Scenic Corridors in this zoning district, which are spelled out at Section 8.34.060(B)(6) in the Municipal Code. Most of these provisions are redundant, as they repeat provisions that appear elsewhere in the MMC. For instance, the R-20/24 district requires that existing trees be identified on site plans and that measures to preserve trees be included. This is already required by the general design guidelines for all projects in MCSP (see MMC 8.200.50(A)(12)), and it does not need to be repeated here. Another provision recommends minimizing the number of access points to a Scenic Corridor; this is already covered in the Scenic Corridor guidelines themselves at 8.132.050(B)(12).

In some cases, the existing requirements are inconsistent with the general design standards for MCSP. For instance, provision “A” requires buildings to be stepped back at the third floor, while the general MCSP guidelines (8.200.50(A)(10)) require a stepback at the second floor.

Amendments to MCSP Design Requirements (MMC Chapter 8.200) Section 8.200.50(A)(10) of the Municipal Code requires that development fronting a Scenic Corridor have building setbacks that are a minimum of 40 feet deep, with an additional stepback of eight feet for elements above the first floor. As noted earlier in this report, this was identified as a potential constraint in the Housing Element. Staff propose reducing the setback to 25 feet, which is the same setback that applies in the Rheem area. Staff further proposes eliminating the 8-foot stepback requirement for building elements above the first floor.

Amendments to the Rheem Objective Standards (MMC Chapter 8.210) A minor clarification is proposed to the code, noting that the 25-foot setback from the Scenic Corridor is measured from the property line.

Amendments to Chapter 8.88 (Sign Requirements)
This change was recommended by the Planning Commission and is supported by staff.

Section 8.88.90(B)(8)(vii)(1) of the Town’s sign regulations currently requires that portable signs be set back at least 20 feet from the curb along designated scenic routes. Given the size of portable signs (usually 2 feet by 3 feet) and their limited visibility at a distance of 20 feet from the curb, the proposed ordinance eliminates this provision. Portable signs are still subject to all other design criteria and standards in the existing code.

Amendments to Chapter 8.128 (Ridgeline Protection)
A clerical edit is proposed to the Ridgeline Protection requirements. Currently, there are three instances in which the term “Scenic Corridor” is used interchangeably with the term “view corridor.” In the context of this Chapter, the correct term should be “view corridor” (or simply “corridor”), which is defined in the Ordinance. This is not a substantive change and has no impact on the regulations in this section.

Planning Commission Recommendations
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The Moraga Planning Commission discussed this ordinance at two meetings. On September 2, 2025, the Commission received a presentation from staff, which included staff’s recommendation on a proposed Ordinance. Nine speakers opposed the changes, and 15 letters and emails were submitted prior to the meeting opposing the changes. No speakers or letters supported the Ordinance as proposed by staff.

One of the speakers and letter-writers who opposed staff’s recommendation is the principal landowner in the Moraga Center Specific Plan area. He stated that the scenic corridor setbacks should be removed entirely and expressed that they should not have been applied in the first place, as they were inconsistent with the 2010 Specific Plan.

All other speakers and letter writers opposed the changes, particularly the proposed reductions in setbacks in the MCSP area from 40 feet to 25 feet, on the grounds that they would facilitate denser housing in an area alleged to be prone to wildfire and with alleged limited evacuation capacity. Several comments expressed that the 40-foot setback areas might be needed to facilitate evacuation-related activities or future road-widening. Multiple commenters mentioned the need for an evacuation study. A few commenters characterized the reduction of the 40-foot setback as a “developer give-away”. They preferred that such reductions, if made at all, be requested by developers as concessions on a case-by-case basis.

Upon the close of public comment, the Planning Commission had a robust discussion of the staff’s proposed ordinance. The Commission expressed support for some aspects of the ordinance, including decreasing the corridor width, allowing staff (rather than the Planning Commission) to review minor projects, and making the review criteria more objective. The Commission expressed concern about the reduction of the setback and stepback requirements and acknowledged the concerns raised by the public.

Following deliberation, the Commission voted 5-0, with two members absent, to direct staff to return with a revised Ordinance that made the following changes:
• Retain the 40-foot setback along scenic routes in the MCSP area • Retain the 8-foot stepback for all space above the first floor in MCSP (in buildings facing scenic routes)
• Eliminate the requirement that portable signs be set back at least 20 feet from the curb of a scenic route.

During the discussion of these changes, several Commissioners noted that the setback/ stepback could be waived through density bonus applications and that there did not appear to be impeding development applications in Moraga Center.

Staff revised the proposed ordinance to include the Commission’s changes and brought it back to the Commission at its regular meeting on October 21, 2025. Three of the five commissioners present at the September 2 meeting were absent on October 21, 2025, while the two commissioners who were absent from the September 2 meeting were present on October 21, 2025. While staff prepared the revised Ordinance based on direction from the September 2, 2025, meeting, staff noted that their ultimate recommendation on the MCSP 107
setbacks and stepbacks remained the same as proposed on September 2, 2025.

Staff also provided several other hybrid options for the Commission to consider, including:
• Allowing a 25’ setback and waiver of upper story stepback requirements only on the eight designated Housing Opportunity sites in the MCSP area
• Allowing a 25’ setback and waiver of upper-story stepback requirements only for housing and mixed-use projects in which at least 10 percent of the new units will be affordable • Requiring the upper story stepback for any space above the third floor, rather than the first floor (this is a common requirement in many zoning codes, whereas a stepback above the first floor is uncommon)
• Directing that the elimination of the setback and stepback requirements be reconsidered after an evacuation study has been completed.

Following staff’s presentation, the Commission discussed the initially proposed ordinance, the revised ordinance, and the other options provided by staff. There were no public speakers at this hearing, and one written comment was received from the principal landowner in the Moraga Center Specific Plan Area. A majority of the four Commissioners present supported the initially proposed Ordinance, noting that it best reflected the goals of the Housing Element and was the staff recommendation. Commissioners expressed that it would be prudent to reduce the MCSP setback and eliminate the stepback as originally proposed by staff, in order to retain a compliant Housing Element and retain local control over land use decisions. The Planning Commission did agree, however, with the removal of the prohibition on portable signs within 20 feet of a scenic route, as directed by the Planning Commission on September 2, 2025.

At the conclusion of the item, the Planning Commission voted 3-1, with three members absent, as follows:
• Recommend Town Council approval of the original staff-recommended (September 2) version of the Ordinance, including reduction of the scenic route setback from 40’ to 25’ in the MCSP area and elimination of the upper story stepback requirement in the MCSP area, with the removal of the prohibition on portable signs within 20 feet of a scenic route.

The Ordinance attached to this staff report incorporates this recommendation.

NOTIFICATION
This Town Council hearing to consider the zoning code amendments was duly noticed in the East Bay Times on October 31, 2025, in accordance with California Government Code Section 65091. Notices were also posted at three locations in Town (329 Rheem Boulevard (Town Offices), 1500 St. Mary’s Road (Moraga Library), and 2100 Donald Drive (Hacienda de las Flores) on October 31, 2025. Staff also provided courtesy notices via social media.

FISCAL IMPACT
No direct fiscal impacts associated with this agenda item. Indirect costs associated with staff 108
and consultant time have been incorporated into the adopted FY 2024-2025 General Fund Budget.

CEQA COMPLIANCE
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA). As noted earlier in this staff report, the Town prepared a program-level Environmental Impact Report (EIR) for the Comprehensive Advanced Planning Initiative, including the Housing Element and related rezoning and General Plan amendments, as required by CEQA.

Certification of the FEIR took place on January 25, 2023. The proposed zoning amendments are part of the “project” described in that EIR and are not subject to further environmental review. The adoption of this Ordinance by the Town Council would not increase the number of housing units that could be built in Moraga. Furthermore, the Ordinance does not require the preparation of a new, subsequent, or supplemental EIR under CEQA Guidelines Sections 15162 and 15163, because there is no involvement of new significant impacts or a substantial increase in the severity of previously identified significant effects. Additionally, the proposed amendments are exempt from the provisions of CEQA Public Resources Code Section 21000, et seq.) pursuant to Section 15378 because adoption and implementation of the proposed ordinance does not constitute a “project” as defined by CEQA since there is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.

ALTERNATIVES

1. Introduce the prepared ordinance, or

2. Do not introduce the prepared ordinance and provide staff direction.

NEXT STEPS
Town Council Action
Staff recommends the introduction of the attached Ordinance, which includes findings supporting Town Council action. The Town Council may propose changes to the proposed ordinance during its deliberations and before its introduction. If the Town Council introduces the ordinance, either as is or with changes, a second reading will occur at the next regularly scheduled Town Council meeting. If the Council does not introduce the ordinance, staff will return at a later date to address any issues that are raised.

The 2023 Housing Element Action Plan indicates that the amendments described in this report will be completed by the end of 2025. Thus, time is of the essence.

Changes to Design Guidelines
The Moraga Design Guidelines include a dedicated section on Scenic Corridors. If the Ordinance is adopted, staff will update the Moraga Design Guidelines as needed for internal consistency. Most of the Guidelines remain relevant and do not require amendment. A few revisions will be necessary to acknowledge changes such as the reduced width of the corridors and the allowance for staff review of minor improvements. Staff anticipates that this will occur in 2026.
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ATTACHMENTS
Attachment A -Proposed Ordinance Adopting Scenic Corridors Amendments.pdf Attachment B -Redline Changes to Scenic Corridor Ordinance.pdf Attachment C - PC Reso 09-2025 - Scenic Corridors.pdf
Exhibit 1 MCSP Housing Sites Subject to the 40-Foot Scenic Corridor Setback.pdf Exhibit 2 MCSP Housing Sites Located Along Designated Scenic Corridors.pdf Exhibit 3 Opportunity Site F1 Affected by 40 foot Setback vs 25 foot Setback.pdf 110
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BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA
ORDINANCE NO. XX- 2025
An Ordinance Amending Title 8 of the Moraga Municipal Code (Zoning) to implement Program 32 of the 2023-2031 Moraga Housing Element and Action CD-C1 of the Moraga General Plan Community Design Element regarding Scenic Corridors WHEREAS, all cities and towns in California are required to adopt and periodically update a Housing Element, including programs to remove potential constraints to housing construction and ensure housing opportunities for persons of all incomes and abilities; and WHEREAS, the Town adopted the 2023-2031 Moraga Housing Element in January 2023, which was certified by the State of California in September 2023; and WHEREAS, the Housing Element identified specific zoning text amendments to be made by the Town to address potential constraints; and
WHEREAS, the Town is committed to meeting the housing needs of all Moraga residents, successfully implementing its Housing Element, and retaining the compliant status of its Housing Element; and
WHEREAS, the Housing Element includes Program 32, which indicates that the scenic corridor requirements in the Moraga Municipal Code (MMC) should be reviewed to consider modified setback and upper story stepback requirements in the Moraga Center Specific Plan area; and
WHEREAS, the Town of Moraga adopted General Plan 2040, including the Community Design Element, following its adoption of the Housing Element; and WHEREAS, the Community Design Element includes Action CD-C1, which affirms the Town’s commitment to revising the scenic corridor regulations, ensuring that stepback and setback requirements do not constrain development, and ensuring that regulations support walkability and pedestrian activity; and
WHEREAS, the Moraga Planning Commission and Town Council have requested that development review requirements in scenic corridors be evaluated to streamline processes; WHEREAS, the Town completed a Draft Environmental Impact Report (Draft EIR) for the Comprehensive Advanced Planning Initiative, which includes implementation of Housing Element Program 32; and
WHEREAS, the Draft EIR was published on October 27, 2022, circulated for a 45-day period ending on December 12, 2022, and followed by a Final EIR published on January 6, 2023 that included responses to all comments received on the Draft EIR; and WHEREAS, the Final EIR was certified by the Moraga Town Council on January 25, 2023; and
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WHEREAS, an Addendum to the EIR for the Comprehensive Advanced Planning Initiative was prepared to consider additional impacts resulting from adoption from the remaining elements of the General Plan, including the Community Design (CD) Element, and this Addendum was approved by the Town Council on November 13, 2024,
WHEREAS, approval of the proposed zoning code amendments would not increase the number of dwelling units that may be constructed in the town and would result in a development product and quantity of units consistent with what was assumed in the EIR for the Housing Element and the Addendum for the General Plan; and
WHEREAS, the Moraga Planning Commission conducted a duly noticed public hearing on the proposed amendments on September 2, 2025, and considered public testimony on the proposed amendments; and
WHEREAS, the Moraga Planning Commission directed that certain changes be made to the ordinance, and those changes were subsequently incorporated in a new version of the ordinance and presented to the Moraga Planning Commission at a continued hearing on October 21, 2025; and
WHEREAS, the Moraga Planning Commission voted at its regular meeting on October 21 to adopt a resolution recommending Town Council approval of the original September 2 draft ordinance, inclusive of the modifications related to portable signs included in the October 21 draft ordinance; and
WHEREAS, all required public notices for the November 12, 2025, Town Council public hearing on the proposed ordinance were posted in three public locations and published in the East Bay Times in accordance with California Government Code Section 65091.

NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Moraga that:

SECTION 1. Pursuant to the California Environmental Quality Act (CEQA), the Town prepared an Environmental Impact Report (EIR) to address the potentially significant adverse environmental impacts associated with adoption of the Comprehensive Advanced Planning Initiative, including implementation of Housing Element Program 32. The Town subsequently adopted an Addendum to the EIR to address the potential for additional impacts associated with the General Plan, which was adopted in November 2024. The EIR identifies appropriate and feasible mitigation measures and alternatives that may be adopted to significantly reduce or avoid the impacts identified in the EIR. This ordinance is part of the “project” evaluated in the EIR and would allow for development consistent with what has been analyzed in the EIR. This Ordinance does not increase the number of housing units that can be built in Moraga. Further, the Ordinance does not require preparation of a new subsequent or supplemental EIR under CEQA Guidelines Section 15162 and 15163, because there is no involvement of new significant impacts or a substantial increase in the severity of previously identified significant effects. Additionally, the Ordinance is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) pursuant to Section 15378 because adoption and implementation of the Ordinance does not constitute a “project” as defined by CEQA since there is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment.
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SECTION 2. Pursuant to MMC Section 8.12.100, the Town Council makes the following findings to support the rezoning:
(a) The proposed Amendments to the Municipal Code are consistent with the objectives, policies, general land uses and programs specified in the General Plan. The proposed code amendments are consistent with the General Plan in that they support the production of a diverse range of housing types in Moraga, as well as General Plan directives to remove potential constraints to development on infill sites. Moreover, the General Plan Housing Element and the General Plan Community Design Element expressly direct the Town to amend the Municipal Code to implement changes to scenic corridor regulations. (b) In the case of a general land use regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed. The scenic corridor regulations do not address permitted or conditionally permitted uses, and the proposed changes would have no effect on the uses authorized within corridor areas. While some projects currently requiring review by the Design Review Board could be reviewed by the Planning Director in the future, the changes would not affect the compatibility of uses.
(c) A community need is demonstrated for the proposed change. The zoning code amendments would facilitate the production of housing, which is urgently needed at the local and regional level. The amendments also would support Moraga’s small businesses by streamlining the design review process along scenic corridors. By allowing for staff-level design review of certain types of improvements in scenic corridors, rather than mandating review by the Planning Commission/ Design Review Board, the changes would reduce the cost and time for applicants. The changes continue to support economic development in Moraga Center and Rheem Center, and create opportunities for shopping, dining, and services that respond to community needs.
(d) Its adoption will be in conformity with public convenience, general welfare and good zoning practice. Adoption of the amendments will support public convenience and general welfare by removing a potential development constraint on properties that the Town has specifically designated for housing and economic development. Amending the zoning ordinance to implement specific actions listed in the General Plan is considered good zoning practice. In addition, proactive implementation of a Housing Element program helps Moraga retain a compliant Housing Element, which in turn supports continued local control over planning and building approvals.

SECTION 3: AMENDMENTS TO CHAPTER 8.34 (TWENTY/TWENTY-FOUR DWELLING UNIT

PER ACRE RESIDENTIAL DISTRICT)
(a) In Subsection 8.34.060(B) (Development Standards) of the Moraga Municipal Code, the development standard in the table for “Private outdoor area for each dwelling unit” is deleted in its entirety and replaced with the following:
“100 square feet attached or immediately adjacent to each unit with a minimum dimension of 6 feet in each direction; provided however that any such private outdoor area within a Major Scenic Corridor, as defined in Section 8.132.020, and visible from a scenic corridor roadway, shall be screened by landscaping and/or an opaque fencing or railing.” 113
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(b) Subsection (6) of Section 8.34.070 (Design Requirements), of the Moraga Municipal Code is deleted in its entirety, and Subsections (7) and (8) are renumbered as (6) and (7).

SECTION 4: AMENDMENTS TO CHAPTER 8.88 (SIGNS)
Subsection 8.88.090(B)(8)(vii)(1) (Specific Sign Standards, Portable Signs Placement and Removal) of the Moraga Municipal Code is deleted in its entirety.

SECTION 5: AMENDMENTS TO CHAPTER 8.128 (RIDGELINE PROTECTION) Section 8.128.050 (Visual Separation – Scenic Corridor) of the Moraga Municipal Code is amended to change references to “scenic corridors” to “view corridors” to maintain internal consistency with other text in this Section as follows:
(a) The title of Section 8.128.050 is amended to read “Visual Separation – View Corridor” (b) Subsection 8.128.050(A)(1) is amended to read: “‘Affected view corridor’ means the corridor segments described in Table 8.128-2 and shown in Figure 8-128-1.” (c) Subsection 8.128.050(B)(3) is deleted in its entirety and replaced with the following:
“3. If the town determines that compliance with the standard when viewed from the full length of the affected view corridor renders any reasonable development project infeasible, the town may alternatively require the project to comply with the thirty-five (35) percent visual separation standard as viewed from one or more individual vantage points along the affected view corridor. In such a case, the town shall select vantage points from which the project would be most visible and/or result in the greatest potential visual impact to the hillside and ridgeline as viewed from the view corridor.”
SECTION 6: AMENDMENT OF CHAPTER 8.132 (SCENIC CORRIDORS) To implement Program 32 of the Moraga 2023-2031 Housing Element and Action CD-C1 of the General Plan Community Design Element, Chapter 8.132 of the Moraga Municipal Code is deleted in its entirety and replaced with the following:
“Chapter 8.132 – SCENIC CORRIDORS

8.32.010 – Purpose.

The purpose of this chapter is to provide guidelines that maintain and enhance the aesthetic qualities of designated scenic corridors in a manner that is consistent with the Moraga General Plan. In addition, this chapter sets forth approval procedures for the development and improvement of land located within major scenic corridors.

8.132.020 - Area subject to regulations.

These regulations apply to any area designated as a scenic corridor roadway and all areas located a distance of 200 feet or less from the edge of each side of the right-ofway of a scenic corridor roadway. Such areas are collectively defined as a “major scenic corridor.” The following routes are designated as “scenic corridor roadways”:
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A. St. Mary's Road;
B. Canyon Road;
C. Moraga Way;
D. Moraga Road;
E. Rheem Boulevard;
F. Camino Pablo; and
G. Bollinger Canyon Road.

8.132.030 - Structures and features subject to regulation.

Except as provided in State law, the following structures and features are subject to the provisions of this chapter when they are located in a major scenic corridor and will be visible from a scenic corridor roadway:

A. New buildings, including accessory structures but excluding accessory dwelling units;
B. Additions to an existing building that raise the building height or enlarge the building by 500 square feet or more;
C. A wall, fence or tower three feet or more in height above existing ground or above finish grade after grading and located within 25 feet of the property line abutting the scenic route;
D. Any permanent sign that the design review administrator determines does not conform to the design guidelines adopted by the planning commission and/ or does need meet the findings required by MMC Section 8.88.060.E.; E. Public utility installations as described in Section 8.72.180; F. Landscaping which covers an area of two acres or more or landscaping as referred by the town planner; and
G. Any other prominent objects such as sculptures and sculptural elements.

8.132.040 - Development guidelines.

Structures and features subject to regulation under Section 8.132.030 shall comply with the following guidelines:

A. The design and location of each building and landscaping shall create a compatible visual relationship with surrounding development and with the natural terrain and vegetation. Road widths, road configurations, site conditions, and adjacent land uses should be considered in project design.

B. Buildings and landscaping shall be so located to avoid creating a walled effect or long uninterrupted walls, fences, and building masses that block scenic views along the scenic corridor. The positioning of buildings shall be varied in order to create a complementary relationship between mass and void.

C. Buildings shall be located and designed to maintain views of distant hillsides and ridgelines while allowing for an appropriate intensity of development consistent with the intent of the applicable zoning district and general plan designation.

D. To the extent appropriate and feasible, development shall comply with guidelines in Section SC2: Scenic Vistas in the town design guidelines and standards.

E. Each structure or feature reviewable under this chapter shall be scaled and sited to reduce visual dominance or obstruction of existing landforms (particularly hillside areas and ridgelines), vegetation, water bodies and adjoining structures.

F. Existing topography, vegetation and scenic features of the site shall be retained and incorporated into the proposed development wherever possible. In multi-family districts, structures should contribute to the vibrancy of the streetscape and add visual interest that complements the natural landscape and adjacent buildings and 115
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public spaces. In open space districts, structures should be secondary in importance to the natural landscape.

G. Structures and landscaping shall be designed and maintained to enhance scenic views and the natural landscape.

H. Conflicting aesthetic elements such as utility wires and telecommunications infrastructure shall be minimized to the extent feasible and consistent with safety requirements (for example, retain street lighting, but place wiring underground).

Where it is not possible to locate such features out of view, visibility should be minimized by planting, fence wall or berm. Where the screen consists of a fence, wall or berm, it may not be higher than six feet. Screening shall consist of primarily natural materials rather than solid fencing. Preference shall be given to vegetation in conjunction with a low earth berm.

I. Lighting shall be compatible in type, style and intensity to the surrounding elements and not cause undue or aggravating disruption, glare and brightness.

J. Grading or earth-moving shall be planned and executed in such a manner that final contours appear consistent with a natural appearing terrain. Finished contours shall be planted with plant materials native to the area so that minimum care is required and the material is visually compatible with the existing ground cover.

K. The number of motor vehicle access points (e.g., curb cuts and driveways) to and from the scenic corridor shall be minimized consistent with safety and circulation needs.

L. Off-street surface parking lots facing scenic corridor roadways should be minimized, with parking located to the rear or side of buildings wherever feasible.

M. Removal of healthy, mature trees in the scenic corridor should be minimized and shall comply with all applicable provisions of the tree preservation ordinance at Chapter 12.12 of the Moraga Municipal Code.

N. In applying these guidelines, consideration shall be given to protecting the privacy and security requirements of individual property owners who seek approval for improvements under this chapter.

8.132.050 - Adoption of specific standards.

The town council may adopt specific standards applicable to scenic corridors.

8.132.060 – Review and Approval Procedures
A. Structures and features subject to this Chapter must obtain approval of compliance with the provisions of this Chapter prior to any grading, construction, or installation.

Applications for approval shall follow the application submittal, review, and approval procedures outlined in Chapter 8.72 (Design Review), including hearing and appeal procedures, except as provided in this Chapter. Applications shall be considered concurrently with any other land use application or approval required by the structure or feature. The design review administrator shall review applications for all projects not otherwise requiring review by the design review board, the planning commission, or town council in accordance with the procedures established by Chapter 8.72. At their discretion, the design review administrator may refer the application to the design review board and the board shall act upon the application.

B. In addition to the design review standards established by Chapter 8.72, a supplemental finding that the proposed structure or feature is consistent with the Development Guidelines in this Chapter and the Moraga Design Guidelines shall be required for approval.
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C. Applications that require Planned Development District approval shall follow the application submittal, review and approval procedures outlined in Chapters 8.48 and

8.50 as applicable.”
SECTION 7: AMENDMENT OF CHAPTER 200 (MORAGA CENTER SPECIFIC PLAN AREA

REGULATIONS)
Subsection (10) of Chapter 8.200.050(A) (Moraga Center Design Requirements) of the Moraga Municipal Code is deleted in its entirety and replaced with the text below:
“10. Development fronting along a major scenic corridor as defined in Chapter

8.132.020 shall have building setbacks from the scenic corridor that are landscaped and varied in order to avoid creation of a walled effect and that are a minimum of twenty-five (25) feet from the property line abutting the scenic corridor right-of-way. Building façades facing the major scenic corridor shall be treated to have architectural features that act like a primary façade. Development compliant with this chapter is exempt from the Scenic Corridor requirements under Chapter 8.132.”
SECTION 8: AMENDMENT OF CHAPTER 8.210 (RHEEM CENTER OBJECTIVE DESIGN

STANDARDS)
Subsection (2) of Chapter 8.210.050(B) (Rheem Center Objective Design Standards – Building Orientation and Setbacks) of the Moraga Municipal Code is deleted in its entirety and replaced with the text below:
“2. Scenic Corridors. Commercial and multi-family residential development fronting along a major scenic corridor as defined in Chapter 8.132.020 shall have building setbacks from the scenic corridor that are landscaped and varied in order to avoid creation of a walled effect and that are a minimum of twenty-five (25) feet from the property line abutting the scenic corridor right-of-way. Building façades facing the scenic corridor shall be treated to have architectural features that act like a primary façade.

Development compliant with this chapter is exempt from the Scenic Corridor requirements under Chapter 8.132.”
SECTION 9: EFFECTIVE DATE
This Ordinance become effective thirty (30) days after its final passage and adoption.

SECTION 10: SEVERABILITY
If any provision of the Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions or applications of the Ordinance. To this end, the provisions of this Ordinance are severable. This Town Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 11: PUBLICATION
The Town Clerk shall cause this Ordinance to be published in accordance with State law.

The foregoing Ordinance was introduced at a regular meeting of the Town Council of the Town of Moraga, California, held on November 12, 2025 and was adopted and ordered published at a regular meeting of the Town Council held on [MONTH, DATE, YEAR] by the following vote:
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Ayes:

Noes:

Abstain:

Absent:

Recused:
____________________________
Steve Woehleke, Mayor
___________________________________
Attest: Amy Heavener, Town Clerk
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SECTION 3: AMENDMENT OF R-20/R-24 DESIGN REQUIREMENTS
Chapter 8.34 (TWENTY/TWENTY-FOUR DWELLING UNIT PER ACRE RESIDENTIAL DISTRICT) is amended as indicated below. Deletions are marked below with strikethrough text, and new language is indicated below in underlined text. (a) In Section 8.34.060(B) (Development Standards), the development standard in the table for “Private outdoor area for each dwelling unit” is amended as follows:
100 square feet attached or immediately adjacent to each unit with a minimum dimension of 6 feet in each direction; provided however that any such private outdoor area visible within 500 feet of a Major ScenicCorridor, as defined in Section 8.132.020, and visible from a scenic corridor roadway, as defined in Section 8.132.020, shall be screened by landscaping and/or an opaque fencing or railing.
(b) In Section 8.34.070 (Design Requirements), Clause (6) is deleted as follows:

6. If development is proposed within five hundred (500) feet of a major scenic corridor as defined in Chapter 8.132:
a. Building setbacks from the scenic corridor shall be varied in order to avoid creation of a walled effect, with the setback for third floor elements increased by fifty (50) percent above the minimum otherwise applicable in this district. b. Grading or earth-moving shall be designed and executed in such manner that final contours transition smoothly with the adjoining natural grade. Exposed finished slopes shall be planted with materials selected to minimize the potential for erosion and to provide for visual compatibility with adjoining ground covers. c. The number of access points to and from the scenic corridor shall be minimized consistent with traffic safety and project access and circulation needs. d. All parking required under Sections 8.34.060(A)(12)-(13) shall be provided onsite.

Parking on the scenic corridor roadways shall be minimized. e. All existing trees shall be identified on the plans submitted by a licensed arborist, including the condition, size and species of the trees. Plans shall include measures to protect trees in good condition identified on the plans for preservation and mitigation measures, including but not limited to replacement. Placement of temporary construction fencing around the drip line of such trees shall be a condition.

SECTION 4: AMENDMENT OF SIGN REQUIREMENTS
Section 8.88.090(B)(8)(vii)(1) (Specific Sign Standards, Portable Signs Placement and Removal) is deleted as shown below.
(1) Portable signs shall be placed a minimum of twenty (20) feet from the curb of a scenic corridor roadway. Scenic corridor roadways are: St. Mary's Road, Canyon ATTACHMENT 2:

Tracked Changes to Moraga Municipal Code Related to Proposed Scenic Corridor Amendments
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Road, Moraga Way, Moraga Road, Rheem Boulevard, Camino Pablo, Bollinger Canyon Road, and Donald Drive (along the ridgeline of Mulholland Hill).

SECTION 5: AMENDMENT OF RIDGELINE PROTECTION REQUIREMENTS Section 8.128.050 (Visual Separation – Scenic Corridor) is amended to change references to “scenic corridors” to “view corridors” to maintain internal consistency with other text in this Section.

Deletions are marked below with strikethrough text, and new language is indicated below in underlined text.
(a) The title of Section 8.128.050 is changed as follows:

Visual Separation – Scenic View Corridor
(b) Section 8.128.050(A)(1) is changed as follows:

1. “Affected view corridor” means the scenic corridor segments described in Table

8.128-2 and shown in Figure 8-128-1.
(c) Section 8.128.050(B)(3), last sentence is changed as follows:

In such a case, the town shall select vantage points from which the project would be most visible and/or result in the greatest potential visual impact to the hillside and ridgeline as viewed from the view scenic corridor.

SECTION 6: AMENDMENT OF SCENIC CORRIDOR REQUIREMENTS
To implement Program 32 of the Moraga 2023-2031 Housing Element and Action CD-C1 of the General Plan Community Design Element, the following amendments are made to MMC Chapter

8.132 (SCENIC CORRIDORS). Deletions are marked below with strikethrough text, and new language is indicated below in underlined text.

8.32.010 – Purpose.

8.132.020 - Area subject to regulations.

A. Land located within five hundred (500) feet of a major scenic corridor as designated in the general plan is subject to the regulations set forth in this chapter.

These regulations apply to any area designated as a scenic corridor roadway and all areas located a distance of 200 feet from the edge of each side of the right-of-way of a scenic corridor roadway. Such areas are collectively defined as a “major scenic corridor.” The following routes and corridors are designated in the general plan as a “scenic corridor roadways”:

A. St. Mary's Road;
B. Canyon Road;
C. Moraga Way;
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D. Moraga Road;
E. Rheem Boulevard;
F. Camino Pablo;
G. Bollinger Canyon Road;
H. Donald Drive (along the ridgeline along Mulholland Hill).

8.132.030 - Additional requirements.

The requirements of this chapter are imposed in addition to other rules and regulations of the municipal code.

8.132.040030 - Structures and features subject to regulation.

A. Except as provided in State law, Tthe following structures and features are subject to the provisions of this chapter when they are located in a major scenic corridor and will be visible from a scenic corridor roadwayare subject to regulation under this chapter by the design review board::

1. A New buildings, including accessory structures but excluding accessory dwelling units;

2. Exterior addition Additions to an existing building that raise the building height or enlarge the building by 500 square feet or more;

3. A wall, fence or tower three feet or more in height above existing ground or above finish grade after grading and located within 25 feet of the property line abutting the scenic corridor roadway;

4. Any permanent sign that the design review administrator determines does not conform to the design guidelines adopted by the planning commission and/ or does need meet the findings required by MMC Section 8.88.060.E.;

5. Traffic signs and signals;

5. 6. Public utility installations as described in Section 8.72.180;

6. 7. Landscaping which covers an area of two acres or more or landscaping as referred by the town planner; and

7. 8. Any other prominent objects such as sculptures and sculptural elements.

B. Exceptions to the requirements of subsection A of this section may be granted by the zoning administrator for the following:

1. A real estate sign which conforms to the town sign regulations and which is installed temporarily for the sale or lease of a property;

2. A building, exterior addition, wall fence or sign which is not visible from the roadway of a scenic corridor;

3. Temporary special event or promotional signs as may be permitted under Section

8.88.240;

4. A sign defined as an exempt sign under Moraga Municipal Code Section 8.88.160;

5. A sign that is determined by the design review administrator to conform to the design guidelines adopted by the planning commission.

8.132.050040 - Development guidelines.

A. The objective of this chapter is to develop corridor aesthetics in keeping with those of a residential community.
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B. Development or improvements within a major scenic corridor and Structures and features subject to regulation under Section 8.132.030 shall comply with the following guidelines, as applicable:

1. A. The design and location of each building and landscaping shall create a compatible visual relationship with surrounding development and with the natural terrain and vegetation. Road widths, and road configurations, site conditions, and adjacent land uses should be considered in project design. as part of the design element.

2. B. Buildings and landscaping shall be so located that each does not create to avoid creating a walled effect or long uninterrupted walls, fences, and building masses that block scenic views along the scenic corridor along the scenic corridor.

Setbacks and building heights may be made more restrictive than otherwise permitted by the applicable zoning regulations. In general, the greater the mass or bulk, the greater the setback should be. The positioning of buildings shall be varied in order to create a complementary relationship between mass and void.

3. C. Buildings shall be located and designed to maintain views of distant hillsides and ridgelines while allowing for an appropriate intensity of development consistent with the intent of the applicable zoning district and general plan designation.

4. D. To the extent appropriate and feasible, development shall comply with guidelines in Section SC2: Scenic Vistas in the town design guidelines and standards.

5. E. Each structure or feature reviewable under this chapter shall be scaled and sited limited in scale and siting to reduce visual dominance or obstruction of existing landforms (particularly hillside areas and ridgelines), vegetation, water bodies and adjoining structures.

6. F. Existing topography, vegetation and scenic features of the site shall be retained and incorporated into the proposed development wherever possible. In commercial, mixed use, and multi-family districts, structures should contribute to the vibrancy of the streetscape and add visual interest that complements the natural landscape and adjacent buildings and public spaces. In open space districts, structures should be secondary in importance to the natural landscape.

Manmade structures, as a visual element in the scenic corridor, should be secondary in importance to natural growth.

7. Each structure or feature reviewable under this chapter shall be limited to scale and siting to reduce visual dominance or obstruction of existing landforms, vegetation, water bodies and adjoining structures.

8. 7.G. Each structure shall be constructed, painted and maintained and all planted material shall be planted and maintained to complement and Structures and landscaping shall be designed and maintained to enhance scenic views and the natural landscape.

9. 8.H. Unnatural and cConflicting aesthetic elements such as utility wires and telecommunications infrastructure shall be minimized eliminated to the extent feasible and consistent with safety requirements (for example, retain street lighting, but place wiring underground). Where it is not possible to locate such features a feature out of view, visibility should be minimized it must be located in an area so as to minimize visibility from a scenic corridor or screened from view by planting, fence wall or berm. Where the screen consists of a fence, wall or berm, it may not be higher than six feet. Screening shall consist of primarily natural materials rather 122
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than solid fencing. Preference shall be given to vegetation in conjunction with a low earth berm.

10.9I.. Lighting shall be compatible in type, style and intensity to the surrounding elements and not cause undue or aggravating disruption, glare and brightness.

11.10J. . Grading or earth-moving shall be planned and executed in such a manner that final contours appear consistent with a natural appearing terrain. Finished contours shall be planted with plant materials native to the area so that minimum care is required and the material is visually compatible with the existing ground cover.

12.11K. The number of motor vehicle access points (e.g., curb cuts and driveways) to and from the scenic corridor shall be minimized consistent with safety and circulation needs.

13.12L. Off-street surface parking lots facing Parking on the scenic corridor roadways should be minimized, with parking located to the rear or side of buildings wherever feasible.

13.M. Removal of healthy, mature trees in the scenic corridor should be minimized and shall comply with all applicable provisions of the tree preservation ordinance at Chapter 12.12 of the Moraga Municipal Code.

14. Each specimen tree and each grove of trees may be approved for removal only if the tree or grove of trees is unsafe or diseased or to provide the smallest cleared area necessary to locate an approved road or structure on the site under guidelines of the tree preservation ordinance. Selective clearing of vegetation may be permitted upon review and approval by the design review board.

15.14N. In applying these guidelines, consideration shall be given to protecting the privacy and security requirements of individual property owners who seek approval for improvements under this chapter.

8.132.050 - Adoption of specific standards.

The design review board town council may adopt specific standards applicable to scenic corridors.

8.132.060 – Review and Approval Procedures for property less than ten acres.

A. Structures and features subject to this Chapter must obtain approval of compliance with the provisions of this Chapter prior to any grading, construction, or installation.

B. In addition to the design review standards established by Chapter 8.72, a supplemental finding that the proposed structure or feature is consistent with the Development Guidelines in this Chapter and the Moraga Design Guidelines shall be required for approval.
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C. Applications that require Planned Development District approval shall follow the application submittal, review and approval procedures outlined in Chapters 8.48 and

8.50 as applicable.

The procedures in this section apply to owners or developers of property less than ten (10) acres in size.

Before a structure or feature under subsection 8.132.040(A) is constructed or installed, the applicant shall submit a plan or detailed description of the proposed structure or feature to the design review board. The design review board shall review the proposed improvement and shall: (1) approve; (2) disapprove; or (3) approve with conditions. The applicant may proceed with the improvements, subject to complying with all other permit requirements, obtaining approval or by complying with conditions of approval.

8.132.080 - Approval procedure for property ten acres or more.

The procedures in this section apply to owners or developers of property which is ten (10) acres or more in size.

An applicant proposing to develop property within a major scenic corridor shall file and receive approval of a conceptual development plan in accordance with the procedure set forth in Sections 8.48.080 and 8.48.090.

The approval process under this chapter may be undertaken concurrently with approval under Chapter 8.48.

8.132.090 - Findings and appeal.

A. Findings. If the board denies approval under this chapter, it shall make written findings and a copy to the applicant within ten days of the decision.

B. Right to Appeal. A decision of the design review board may be appealed to the town council.

C. Time and Place for Filing Appeal. A person desiring to appeal an action taken under this chapter shall do so by filing written notice of appeal with the town within ten days after the decision. If no appeal is filed, the decision on the application is final.

SECTION 7: AMENDMENT OF MORAGA CENTER DESIGN REQUIREMENTS Section A(10) of Chapter 8.200.050 (MORAGA CENTER DESIGN REQUIREMENTS) is amended as indicated below. Deletions are marked with strikethrough text, and new language is indicated in underlined text.

A(10) Development fronting along a major scenic corridor as defined in Chapter 8.132.020 shall have building setbacks from the scenic corridor that are landscaped and varied in order to avoid creation of a walled effect and that are a minimum of twenty-five (25) feet from the property line abutting the scenic corridor right-of-way. forty (40) feet deep, with an additional stepback for elements above the first floor of at least eight feet. Building façades 124
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facing the major scenic corridor shall be treated to have architectural features that act like a primary façade. Development compliant with this chapter is exempt from the Scenic Corridor requirements under Chapter 8.132.

SECTION 8: AMENDMENT OF RHEEM CENTER OBJECTIVE DESIGN STANDARDS Section B(2) of Chapter 8.210.50 (RHEEM CENTER OBJECTIVE DESIGN STANDARDSBuilding Orientation and Setbacks) is amended as indicated below. Deletions are marked with strikethrough text, and new language is indicated in underlined text.

B(2) Scenic Corridors. Commercial and multi-family residential development fronting along a major scenic corridor as defined in Chapter 8.132.020 shall have building setbacks from the scenic corridor that are landscaped and varied in order to avoid creation of a walled effect and that are a minimum of twenty-five (25) feet from the property line abutting the scenic corridor right-of-waydeep. Building façades facing the scenic corridor shall be treated to have architectural features that act like a primary façade. Development compliant with this chapter is exempt from the Scenic Corridor requirements Design Review under Chapter 8.132.
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Resolution No. 09-2025 October 21, 2025

TOWN OF MORAGA

PLANNING COMMISSION
RESOLUTION NO. 09-2025
Recommending that the Town Council Adopt Amendments to Title 8 of the Moraga Municipal Code (Zoning) to Implement Moraga Housing Element and General Plan implementation programs related to Scenic Corridors
WHEREAS, all cities and towns in California are required to adopt and periodically update a Housing Element, including programs to remove potential constraints to housing construction and ensure housing opportunities for persons of all incomes and abilities; and WHEREAS, all cities and towns in California are also required to adopt and periodically update a General Plan, including programs that support implementation of the Housing Element; through land use, community design, transportation, and other measures; and WHEREAS, the Town adopted the 2023-2031 Moraga Housing Element in January 2023, which was certified by the State of California in September 2023; and WHEREAS, the Town adopted General Plan 2040 in November, 2024; and WHEREAS, the Housing Element includes Program 32, which requires that the scenic corridor requirements in the Moraga Municipal Code (MMC) should be reviewed to consider modified setback and upper story stepback requirements in the Moraga Center Specific Plan area; and
WHEREAS, the General Plan Community Design Element includes Action CD-C1, which affirms the Town’s commitment to revising the scenic corridor regulations, ensuring that stepback and setback requirements do not constrain development, and ensuring that regulations support walkability and pedestrian activity; and
WHEREAS, the Moraga Planning Commission and Town Council have requested that development review requirements for scenic corridors be evaluated to streamline processes; and WHEREAS, staff has drafted an Ordinance for Town Council adoption that would amend the Municipal Code to implement Housing Element Program 32 and Action CD-C1; and WHEREAS, the Planning Commission is responsible for making recommendations to the Town Council on zoning amendments, including the amendments identified in the Housing Element and General Plan; and
WHEREAS, the Town completed a Draft Environmental Impact Report (Draft EIR) for the Comprehensive Advanced Planning Initiative, which includes implementation of Housing Element Programs; and
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WHEREAS, the Town completed an Addendum to the EIR for the General Plan, including implementation of Community Design Element Actions; and WHEREAS, approval of the proposed zoning code amendments would not increase the number of dwelling units that may be constructed in the town and would result in a development product and quantity of units consistent with what was assumed in the DEIR for the Housing Element; and
WHEREAS, the Moraga Planning Commission convened a public hearing on the proposed zoning code amendments on September 2, 2025 and received public testimony on the matter;
WHEREAS, the Planning Commission directed staff to modify the proposed amendments following the September 2 hearing, and staff made the requested modifications and scheduled a subsequent hearing on October 21, 2025, for Commission action on a revised version of the Resolution and Draft Ordinance; and
WHEREAS, required public notices for this hearing were published in the East Bay Times on October 10, 2025, and posted at the Town Offices at 329 Rheem Boulevard, the Hacienda de las Flores at 2100 Donald Drive, and the Moraga Library at 1500 St. Mary’s Road on October 9, 2025; and
WHEREAS, at its October 21, 2025 meeting, the Planning Commission reviewed the revised Ordinance provided by staff and discussed the changes that had been made in response to the direction given at their September 2, 2025 meeting. The Commission subsequently voted 3:1, with three members being absent, to forward the September 2 version of the proposed Ordinance to Town Council rather than the October 21 version of the Ordinance, with the exception of the removal of provisions regarding portable signs, which were part of the October 21 Ordinance but not part of the September 2 Ordinance.

NOW THEREFORE BE IT RESOLVED by the Planning Commission of the Town of Moraga that:

SECTION 2. Pursuant to Moraga Municipal Code Section 8.12.100, the Planning Commission makes the following findings to support its recommendation for the zoning code amendments:
(a) The proposed Amendments to the Municipal Code are consistent with the objectives, policies, general land uses and programs specified in the General Plan. The proposed code amendments are consistent with the General Plan in that they support the production of a diverse range of housing types in Moraga, as well as General Plan directives to address potential constraints to development on infill sites. Moreover, the General Plan Housing Element and the General Plan Community Design Element expressly direct the Town to amend the Municipal Code to implement changes to scenic corridor regulations. (b) In the case of a general land use regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed. The scenic corridor regulations do not address permitted or conditionally permitted uses, and the proposed changes would have no effect on the uses authorized within corridor areas. The changes proposed would not affect the compatibility of uses in the land use districts covered by scenic corridor regulations. (c) A community need is demonstrated for the proposed change. The zoning code amendments would facilitate the production of housing, which is urgently needed at the local and regional level. By allowing for staff-level design review of certain types of improvements in scenic corridors, rather than mandating review by the Planning Commission/ Design Review Board, the changes would reduce the cost and time for applicants. The changes continue to support economic development in Moraga Center and Rheem Center, and create opportunities for shopping, dining, and services that respond to community needs. (d) Its adoption will be in conformity with public convenience, general welfare and good zoning practice. Adoption of the amendments will support public convenience and general welfare by removing a potential development constraint on properties that the Town has specifically designated for housing and economic development. Amending the zoning ordinance to implement specific actions listed in the General Plan is considered good zoning practice. In addition, proactive implementation of a Housing Element program helps Moraga retain a compliant Housing Element, which in turn supports continued local control over planning and building approvals.

SECTION 3: The Planning Commission hereby recommends that the Town Council of the Town of Moraga adopt the Ordinance shown in Exhibit “A,” which is included by reference as part of this Resolution and which may be further amended by staff to incorporate minor clarifications and formatting changes. The Ordinance would amend the Municipal Code to implement the 2023- 2031 Housing Element and General Plan.
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PASSED AND ADOPTED by the Planning Commission of the Town of Moraga at a regular meeting held on October 21, 2025, by the following vote:

Ayes: Helber, Polsky, Rane
Noes: Weber
Abstain:

Absent: Bode, Luster, Mapel
Recused:
____________________________
Ben Helber, Chair Pro Tem
___________________________________
Attest: Sonia Urzua, AICP, Planning Director
12936
EXHIBIT 1:

MCSP Housing Sites Subject to the 40-Foot Scenic Corridor Setback 130
Site
ID Description Acres Zoning
# Units
Presumed
in Hsg. El.

Length of
Scenic
Corridor
Frontage Comments
C4 MCSP Area
16 5.35 R-12 33 567’ Moraga Rd, hillside
orchard on e. side
C5 MCSP Area
15 6.37 MCSP R-6
36 185’
Pending
application for
small lot
subdivision
D1 MSCP Area
14 6.14 R-24 122 211’ Vested project on
this site
E1 W. of
Commons
Park

1.33 MCSP
Retail/Res 24 170’ (est.)
Vacant
E2 MCSP Area
8 7.71 MCSP
Retail/Res 123 520’ (est.) North of Safeway to Moraga Road E3 1405 Moraga
Way

1.00 MCSP
Retail/Res 20 152’ Vacant, for sale
F1 1350 Moraga
Way

0.77 MCSP
Retail/Res 15 185’ (est) SW corner Moraga Way and Viader F2 1400 Moraga
Rd

1.20 MCSP
Retail/Res 24 270’ (est) Former Moraga Garden Ctr
EXHIBIT 2:

MCSP Housing Sites Located Along Designated Scenic Corridors 131
EXHIBIT 3:

Opportunity Site F1 Affected by 40’ Setback vs 25’ Setback Site F1 boundary 25’ setback (4,600 SF)
40’ setback (7,200 SF)
132
Resolution No. 09-2025 October 21, 2025

TOWN OF MORAGA

NOW THEREFORE BE IT RESOLVED by the Planning Commission of the Town of Moraga that:

Ayes: Helber, Polsky, Rane
Noes: Weber
Abstain:

Absent: Bode, Luster, Mapel
Recused:
____________________________
Ben Helber, Chair Pro Tem
___________________________________
Attest: Sonia Urzua, AICP, Planning Director
12936
Accounts Payable
User:

1 - Town CouncilNovember 12, 2025

1 - Town Council
November 12, 2025