1 - Town Council
December 10, 2025

TOWN OF MORAGA

TOWN COUNCIL
WEDNESDAY, DECEMBER 10, 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.

December 10, 2025
Town Council Regular Meeting
1 TOWN OF MORAGA

TOWN COUNCIL

REGULAR MEETING
WEDNESDAY, DECEMBER 10, 2025
5:30 PM

1. CALL TO ORDER / ROLL CALL

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 31, 2025 – November 25, 2025 ($604,176.30).

6.2 Approval of Minutes for the October 15, 2025 Regular and Special meetings and the November 12, 2025 Regular meeting of the Moraga Town Council.

6.3 Approval of a Proclamation in Honor of the 2025 Don Jenkins Service Award Recipient, Barbara Papini.

6.4 Waive the second reading and adopt an Ordinance amending Title 8 of the Moraga Municipal Code to implement Program 32 of the 2023-2031Moraga Housing Element and Action CD-C1 of the Moraga General Plan Community Design Element Regarding Scenic Corridors.

AMENDED

TOWN COUNCIL CHAMBER
335 RHEEM BOULEVARD

MORAGA, CA
A. Commendation in Honor of the Retirement of Shawn Knapp 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
December 10, 2025
Town Council Regular Meeting
2 6.5 Adopt a Resolution:

1. Authorizing the Town Manger to execute a Consultant Services Contract to NCE for preliminary engineering design and environmental services for the Canyon Road Sinkhole Repair and Culvert Replacement Project (CIP 23-201 and ER-15J9) in the amount not to exceed $384,198, subject to approval as to form by the Town Attorney.

2. Authorizing a twenty percent (20%) contingency for preliminary engineering in the amount of $76,840, for a total not-to-exceed contract amount of $461,038, and authorized the Town Engineer to execute change orders within this contingency as necessary

3. Appropriating $17,000 of Gas Tax (Fund 205) funds and $408,000 of FHWA funds in CIP 23-201 for a total project budget of $1,286,000;

4. Finding that the recommended design and study work is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section §15306.

6.6 Adopt a Resolution to accept and file the Development Impact Fee Annual Report for the fiscal year ended June 30, 2025, in conformance with Government Code Sections 66000-66008 and make findings regarding funds collected but not expended.

6.7 Review and accept the Annual Comprehensive Financial Report, Memorandum on Internal Control, Required Communications, and Annual Gann Act Budget Appropriations Limit Calculation reports for the year ending June 30, 2025.

6.8 Adopt a Resolution approving the Employee Salary Schedule dated and effective January 1, 2026.

7. ANNOUNCEMENTS AND REPORTS ON ACTIVITIES

8. PUBLIC HEARING

9. DEPARTMENT REPORTS
9A. The Year in Review by Mayor Steve Woehleke
9B. Reorganize the Town Council and elect a Mayor and Vice Mayor for the ensuing twelve (12) month period.

10. COUNCILMEMBER REQUESTS FOR FUTURE AGENDA ITEMS

11. INFORMATIONAL ITEMS

12. TOWN MANAGER FOLLOW-UP AND ANNOUNCEMENTS

13. ADJOURNMENT
December 10, 2025
Town Council Regular Meeting
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15 Attachment A
___________________________________________________________________________________ Town Council, Regular Meeting 1 October 15, 2025

TOWN OF MORAGA

REGULAR MEETING

TOWN COUNCIL
WEDNESDAY, OCTOBER 15, 2025

MINUTES
5:30 PM
The following are minutes of the actions taken by the Town of Moraga Town Council. A full video recording of the meeting is available on the Town's website at:
https://livestream.com/moraga

TOWN COUNCIL CHAMBER
335 RHEEM BOULEVARD

MORAGA, CA

1. CALL TO ORDER
The regular meeting was called to order at 5:30 PM by Mayor, Steve Woehleke.

ROLL CALL
Councilmembers Present: Mayor Steve Woehleke, Vice Mayor Kerry Hillis, Councilmember Lisa Maglio
Councilmembers Absent: Councilmembers Brian Dolan and Graham Thiel

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS
3a. Arbor Day Proclamation
Council read the proclamation aloud.

There were no public comments.
3b. Update to the Moraga and Orinda Fire Safe Program
Moraga Orinda Fire Safe Network Board member Marc Evans presented the item; Board member, Steve Hoyt provided additional information.

Councilmembers and the Town Manager provided comments.

There were no public comments.

4. PUBLIC COMMUNICATION
There were no public comments.
16 Attachment A
___________________________________________________________________________________ Town Council, Regular Meeting 2 October 15, 2025

5. ADOPTION OF MEETING AGENDA
ACTION:

Motion: Hillis/ Second: Maglio
Vote: (3-0-2)
There were no public comments.

6. CONSENT CALENDAR
ACTION:

Motion: Hillis/ Second: Maglio
Vote: (3-0-2)
There were no public comments.

6.1 Receive Accounts Payable Claims for: September 2, 2025 – September 26, 2025 ($433,596.34).

6.2 Approval of Minutes for the September 24, 2025 Special and Regular meetings of the Moraga Town Council.

6.3 Adopt a Resolution authorizing the Town Manager to purchase a new 2024 Dodge Durango police vehicle for $52,919.23 from Elk Grove Auto Group in Elk Grove, California pursuant to the Town of Moraga Purchasing Policy.

6.4 Authorize the cancellation of the regular Town Council meeting on October 22, 2025.

7. ANNOUNCEMENTS AND REPORTS ON ACTIVITIES
Councilmember Maglio had nothing to report.

Vice Mayor Hillis attended the Cal Cities conference in Long Beach, CA along with the Town Manager and Mayor. While at the conference, Vice Mayor Hillis completed his AB 1234 Ethics training and attended several informational seminars as well as the Cal Cities East Bay Commission meeting. Vice Mayor Hillis also attended the Mayor’s State of the Town presentation at the Moraga School Board.

Mayor Woehleke attended several meetings including: Recyclesmart Board meeting, Cal Cities East Bay Division meeting, the Mayor participated in dedicating artwork at the West Commons Park, assisted with stakeholder input for the Parks and Recreation Master Plan as well as attending the monthly Mayors Conference in Martinez, CA.

During the weekend of October 4th the Mayor attended the celebration of the Chalda crossing grand opening and following that, attended community service day. The Mayor read aloud the highlighted activities that occurred on that day.

Mayor Woehleke attended the annual Cal Cities conference in Long Beach. The Mayor also attended the MOFD pancake breakfast as well as assisted with the Parks and Recreation 17 Attachment A
___________________________________________________________________________________ Town Council, Regular Meeting 3 October 15, 2025
Master Plan public outreach while at the event. The Mayor met with Townsend to discuss the draft Lamorinda legislative platform. Mayor Woehleke announced his remaining state of Moraga presentations. The Mayor expanded upon the sessions he attended at the annual Cal Cities conference.

Town Manager Mitnick announced a Contra Costa Transit Authority (CCTA) was meeting to discuss the Countywide Evacuation Study. Announced the dates and topics for upcoming Council meetings.

8. PUBLIC HEARING
None.

9. DEPARTMENT REPORTS
None.

10. Councilmember requests for future agenda items
None.

11. INFORMATIONAL ITEMS
None.

12. TOWN MANAGER FOLLOW-UP AND ANNOUNCEMENTS
Town Manager Mitnick had nothing to report.

13. ADJOURNMENT
Mayor Woehleke adjourned the Town Council Regular meeting to closed session at 6:26 PM.

Respectfully submitted by:
__________________________
Amy Heavener, CMC Approved by the Town Council:

Town Clerk
___________________________
Steve Woehleke, Mayor
18 Attachment B
Town Council
Special, Closed Session Meeting Minutes 1 October 15, 2025

TOWN OF MORAGA

SPECIAL MEETING, CLOSED SESSION

TOWN COUNCIL
Wednesday, October 15, 2025

MINUTES

IMMEDIATELY FOLLOWING THE REGULAR SESSION
Conference Room Adjacent to the Town Council Chamber
335 Rheem Boulevard Moraga, CA

1. CALL TO ORDER
The special closed session meeting was called to order at 6:26 PM by Mayor, Steve Woehleke.

ROLL CALL
Councilmembers present: Mayor, Steve Woehleke, Vice Mayor Kerry Hillis Lisa Maglio
Councilmembers absent: Brian Dolan and Graham Thiel

2. PUBLIC COMMUNICATION
There were no public comments.

3. SPECIAL MEETING – CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

SAFE Moraga v. Town of Moraga, Outdo Country Club Drive LLC, Contra Costa County Superior Court Case No. N25-0416
There were no reportable actions.

9. ADJOURNMENT
Respectfully submitted by:
___________________________
Amy Heavener, CMC
Town Clerk Approved by the Town Council:
__________________________
Steve Woehleke, Mayor
19 Attachment C
___________________________________________________________________________________ Town Council, Regular Meeting 1 November 12, 2025

TOWN OF MORAGA

REGULAR MEETING

TOWN COUNCIL
WEDNESDAY, NOVEMBER 12, 2025

MINUTES
5:30 PM
The following are minutes of the actions taken by the Town of Moraga Town Council. A full video recording of the meeting is available on the Town's website at:
https://livestream.com/moraga

TOWN COUNCIL CHAMBER
335 RHEEM BOULEVARD

MORAGA, CA

1. CALL TO ORDER
The regular meeting was called to order at 5:30 PM by Mayor, Steve Woehleke.

ROLL CALL
Councilmembers Present: Mayor Steve Woehleke,
Councilmembers Lisa Maglio and Graham Thiel
Councilmembers Absent: Councilmembers Brian Dolan and Kerry Hillis

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS
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" Council read the proclamation aloud and presented the Proclamation.

Trudy Barron from the Acalanes chapter of the Daughters of the American Revolution (DAR) provided comment.

There were no additional public comments.
3b. MOFD Station 42 Firewise Landscaping Demo Garden
MOFD District 3 Board member, Steve Danziger presented the item.

Councilmembers asked clarifying questions and provided comments.

There were no additional public comments.
20 Attachment C
___________________________________________________________________________________ Town Council, Regular Meeting 2 November 12, 2025

4. PUBLIC COMMUNICATION
There were no public comments.

5. ADOPTION OF MEETING AGENDA
ACTION:

Motion: Thiel / Second: Maglio
Adoption of the meeting agenda as presented.

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

6. CONSENT CALENDAR
Mayor Woehleke pulled item 6.2 for further clarification and feedback.

ACTION:

Motion: Woehleke / Second: Maglio
Approve Consent item 6.2 with a modification to the policy to specify that special meetings for interviews will not typically be video recorded, however the Board/Committee/Commission appointments will take place at a subsequent regular public meeting.

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

ACTION:

Motion: Maglio / Second: Thiel
Approve Consent items 6.1, 6.3 and 6.4 as presented.

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

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 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 21 Attachment C
___________________________________________________________________________________ Town Council, Regular Meeting 3 November 12, 2025

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
Councilmember Maglio attended a meeting of the Chamber of Commerce as a Council liaison.

Councilmember Maglio provided an update regarding the Moraga Chamber’s annual turkey trot which will be held at Moraga Country Club. Councilmember Maglio reported there is an also an opportunity to donate to families and individuals in need of food this season using the Moraga Chamber’s website.

Councilmember Thiel – attended the first home SMC basketball game of the season as well as October’s Art in Public Spaces meeting as the Council liaison. Councilmember Thiel also attended Campolindo’s Girls Varsity Volleyball game.

Mayor Woehleke attended the Lions Club, Kiwanis Club, Moraga Country Club, Moraga Garden Club, Firewise Community and Lamorinda Movers where he presented the State of the Town address. Mayor Woehleke plans to present to the Moraga Youth Involvement Committee as well as the Moraga Citizens Network. Mayor Woehleke is working on the Lamorinda Wildfire Marketing Plan update alongside the other Mayors in Lamorinda. The Mayor thanked the Town for keeping Corliss safe during Halloween. Mayor Woehleke attended the Veterans Day celebration at the Commons park.

Town Manager Mitnick commented on his attendance at the Cal Cities conference in Long Beach and his attendance at the ICMA conference in Tampa, FL. He noticed AI and technology were recurring themes throughout both conferences.

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 22 Attachment C
___________________________________________________________________________________ Town Council, Regular Meeting 4 November 12, 2025
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.

Planning Director, Sonia Urzua presented the item.

Council provided final comments on the item and read aloud the Public Hearing details for the vote.

There were no public comments.

ACTION:

Motion: Woehleke / Second: Maglio
Approve item 8a as presented.

Vote: (3-0-2)
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.

Consultant Barry Miller, Barry Miller Consulting presented the item.

Council asked clarifying questions and provided initial feedback.

The Town Manager provided further clarification and comments on the item.

Mayor Woehleke read Vice Mayor Hillis’ comments into the record and provided his own final comments on the item.

Councilmember Maglio provided final comments on the item.

Councilmember Thiel provided final comments on the item.

Mayor Woehleke summarized the Council comments and lead a discussion on each decision point of the item.

There were no public comments.

ACTION:

Motion: Woehleke / Second: Thiel
With the additional language proposed by staff to amend section 8.132.060 Vote: (3-0-2)
23 Attachment C
___________________________________________________________________________________ Town Council, Regular Meeting 5 November 12, 2025

9. DEPARTMENT REPORTS
None.

10. COUNCILMEMBER REQUESTS FOR FUTURE AGENDA ITEMS
None.

11. INFORMATIONAL ITEMS
None.

12. TOWN MANAGER FOLLOW-UP AND ANNOUNCEMENTS
Town Manager Mitnick announced a project moving forward for senior affordable housing and the ground breaking for Grocery Outlet. The GHAD meeting will be held on November 19, 2025. The next Regular Council meeting will occur on December 10, 2025. Finally, the Town Manager announced that Public Works Director, Shawn Knapp is planning to retire.

Public Works Director, Shawn Knapp provided comments regarding the announcement of his retirement.

Council provided additional comments regarding Director Knapp’s retirement.

13. ADJOURNMENT
Mayor Woehleke adjourned the Town Council Regular meeting to closed session at 8:01 PM.

Respectfully submitted by:
__________________________
Amy Heavener, CMC Approved by the Town Council:

Town Clerk
___________________________
Steve Woehleke, Mayor
24 Consent: 6.3

A PROCLAMATION HONORING
Barbara Papini
2025 Don Jenkins Service Award Recipient WHEREAS, Lamorinda Village is a nonprofit organization dedicated to helping older adults remain active, connected, and independent in the Lamorinda community; and
WHEREAS, the Don Jenkins Service Award honors individuals who demonstrate exceptional dedication to serving older adults through meaningful volunteerism, leadership and compassion; and
WHEREAS, Barbara Papini has served as Lamorinda Village’s Chair Yoga instructor since March 13, 2017, generously sharing her time, expertise, and encouragement with older adults in our community for more than eight years; and WHEREAS, during that time, Barbara has led 322 Chair Yoga classes, helping hundreds of participants improve their strength, balance, and well-being, while also fostering social connection and emotional wellness; and WHEREAS, Barbara’s steadfast commitment and warm presence have made her classes a treasured part of Lamorinda Village’s programming and an important source of support and joy for many Moraga residents; and WHEREAS, her service reflects the spirit of volunteerism and community care that strengthens Moraga and enriches the lives of its residents.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Moraga hereby recognizes and congratulates Barbara Papini as the 2025 recipient of the Don Jenkins Service Award and expresses its sincere appreciation for her outstanding service to older adults and the community.

BE IT FURTHER RESOLVED that the Town of Moraga extends its gratitude to Barbara Papini for her dedication, compassion, and invaluable contributions, and offers best wishes for her continued success in serving our community. ______________________________
Steve Woehleke, Mayor
25 CONSENT CALENDAR: 6.4
To: Honorable Mayor and Councilmembers
From: Sonia Urzua, Planning Director, Barry Miller, Consultant Subject: Amendments to Title 8 of the Moraga Municipal Code (Zoning) related to Scenic Corridors
Meeting Date: December 10, 2025

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Waive the second reading and adopt an Ordinance amending Title 8 of the Moraga Municipal Code to implement Program 32 of the 2023-2031Moraga Housing Element and Action CD-C1 of the Moraga General Plan Community Design Element Regarding Scenic Corridors.

BACKGROUND
On November 12, 2025, the Town Council held a public hearing to consider a proposed Ordinance to amend the Moraga Municipal Code to modify provisions and standards for Scenic Corridors. The proposed Ordinance implements Program 32 of the 2023-2031 Moraga Housing Element and Action CD-C1 of the Moraga 2040 General Plan.

After opening the November 12 hearing for public comment and deliberation, the Town Council voted 3-0, with two members absent, to waive the first reading and adopt the proposed Ordinance by title only, including specific modifications discussed below. Before the meeting, one of the absent members submitted comments expressing support for the proposed Ordinance. These comments were read into the record during the meeting.

The Housing Element identified a potential constraint to housing development in the Moraga Center Specific Plan (MCSP) area related to building setback and upper story stepback requirements. MCSP is a designated Priority Development Area and contains a majority of Moraga’s higher-density housing opportunity sites. Since 2020, development along scenic corridors in MCSP has been subject to a 40’ setback an 8’ upper story stepback requirement.

These requirements are unique to MCSP; all other areas in Moraga zoned for urban/ suburban uses, including the Rheem Center and single-family neighborhoods, are subject only to a 25’ setback and no stepback requirement.

In addition, the Ordinance is intended to address a procedural issue identified by the Moraga 26 Planning Commission during the General Plan Update process. Minor projects (fences, small additions, etc.) that would typically be reviewed at the staff level are automatically referred to the Planning Commission if they are located in Scenic Corridors. This results in a relatively large number of Commission agenda items relating to small projects. It also creates extra costs and time delays for applicants. One objective of the proposed Ordinance is to reduce the volume of applications requiring Commission review and simplify the process for homeowners.

The revision would allow staff to review minor projects in Scenic Corridors, as defined in the draft Ordinance.

The proposed Ordinance was previously considered by the Moraga Planning Commission, which recommended adoption by the Town Council in a resolution adopted at the Commission’s October 21, 2025, meeting. The staff report for the Town Council’s first reading of the Ordinance includes additional detail and context on this item and may be reviewed here.

DISCUSSION
The Town Council discussed the proposed ordinance at the November 12, 2025, meeting.

These discussions resulted in amendments to the proposed Ordinance, namely section

8.200.050 and 8.132.060. (See Attachment B, pages 5 and 7.) The Council favored a strong, voluntary stepback guideline while allowing other design options to reduce visual bulk and mass. The Council requested that this provision be included in the Ordinance in lieu of simply eliminating the stepback entirely. Revisions have been made to Section 7 of the draft Ordinance (Amendments to Section 8.200.050: MCSP Design Requirements) to reflect this direction.

The Council also agreed to add a provision to the ordinance that would inform both the Planning Commission and Town Council of all staff-level decisions on applications in scenic corridors. Under Chapter 8.12.0240 of the Moraga Municipal Code, a Planning Commissioner or member of the Town Council has the authority to appeal an administrative (e.g., staff) decision and call up the matter for Commission or Council consideration.

This provision was added to the Ordinance during the November 12, 2025, meeting and was included in the motion to introduce the ordinance. The amendment can be found in Section 6 of the Ordinance, within the edits to Section 8.132.060.

Staff is now recommending that the Council adopt the ordinance.

FISCAL IMPACT
No direct fiscal impacts are associated with this agenda item. Indirect costs associated with staff and consultant time have been incorporated into the Town’s adopted budget for the current fiscal year.

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 27 Element and related rezoning and General Plan amendments, as required by CEQA. The FEIR was certified 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. Do not waive the second reading and do not adopt the proposed Ordinance.

2. Provide alternative direction to staff.

NEXT STEPS
Once the proposed ordinance is adopted, it will go into effect in thirty (30) days (January 9, 2026).

ATTACHMENTS
Attachment A - Proposed Ordinance Adopting Scenic Corridors Related Amendments Attachment B - Redline Changes to Scenic Corridors Related Amendments Addendum - 6.4 - Attachment A - Proposed Ordinance Adopting Scenic Corridors 28 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-1

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
Attachment A
29 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-2 WHEREAS, an Addendum to the EIR for the Comprehensive Advanced Planning Initiative was prepared to consider additional impacts resulting from the adoption of 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 September 2 Draft, and those changes were subsequently incorporated in a new Draft; and WHEREAS, the Moraga Planning Commission continued its hearing to October 21, 2025, and considered the new Draft, as well as the original Draft recommended by staff and presented on September 2, at that hearing; and
WHEREAS, the Moraga Planning Commission voted at its regular meeting on October 21 to support a Resolution recommending Town Council approval of the original September 2 draft, inclusive of the modifications related to portable signs included in the October 21 draft; and WHEREAS, all required public notices for the November 12, 2025 Town Council public hearing on the proposed Scenic Corridor amendments were provided in the East Bay Times in accordance with California Government Code Section 65091; and WHEREAS, the Town Council approved specific modifications to this Draft Ordinance at their November 12, 2025 related to upper story stepbacks in the MCSP area, and addition of a requirement to notify the Planning Commission and Town Council of administrative decisions made pursuant to Chapter 8.132 (Scenic Corridors), and those modications have been incorporated.

NOW THEREFORE BE IT RESOLVED 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. The proposed zoning code amendments are part of the “project” evaluated and would allow for development consistent with what has been analyzed in the EIR. The adoption of this Ordinance would not increase the number of housing units that could 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 proposed amendments are exempt from the provisions of the California 30 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-3 Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) 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.

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 Section 8.34.060(B) (Development Standards), the development standard in the table for “Private outdoor area for each dwelling unit” is amended to read:
31 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-4 “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.” (b) Section 8.34.070 (Design Requirements), Clause (6) relating to scenic corridors is deleted in its entirety, and Clauses (7) and (8) are renumbered as (6) and (7).

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

SECTION 5: AMENDMENTS TO CHAPTER 8.128 (RIDGELINE PROTECTION) 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 as follows:
(a) The title of Section 8.128.050 is amended to read “Visual Separation – View Corridor” (b) Section 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) Section 8.128.050(B)(3) is amended to read:
“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 is deleted in its entirety and replaced with the following text:
“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”:
32 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-5 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 33 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-6 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
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. The planning commission and town council shall be notified of all administrative decisions for those features regulated by Section 8.132.030. Decisions of the design review administrator may be appealed by a planning commissioner or town council member pursuant to the procedures in Chapter 8.12.240. At their discretion, the design review administrator may refer the also refer an application to the design review board and the board shall act upon the application.
34 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-7 A. 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.

B. 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)
Section A(10) of Chapter 8.200.050 (Moraga Center Design Requirements) 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. Architectural design measures that reduce visual bulk and maintain vistas along facades facing scenic corridors shall be included. Upper story stepbacks shall be strongly encouraged. Other measures that reduce the real or perceived mass of upper floors may be considered, including but not limited to façade articulation, variations in material character and texture, varied rooflines and window patterns, and modulation of building volumes.

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)
Section B(2) of Chapter 8.210.050 (Rheem Center Objective Design Standards – Building Orientation and Setbacks) 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
These amendments become effective thirty (30) days after the final passage and adoption of this Ordinance.

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 35 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-8 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 December 10, [MONTH, DATE, 2025] by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Recused:
____________________________
Steve Woehleke, Mayor
___________________________________
Attest: Amy Heavener, Town Clerk
36 ATTACHMENT 2: Proposed tracked changes to Scenic Corridor Regulations * September, 2025, as amended 1.A-1 4925-0958-4225 v2
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 Scenic Corridor, 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 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 Attachment B
37 ATTACHMENT 2: Proposed tracked changes to Scenic Corridor Regulations * September, 2025, as amended 1.A-2 4925-0958-4225 v2
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.

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 designated by the scenic highways element of the general plan

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;
D. Moraga Road;
E. Rheem Boulevard;
F. Camino Pablo;
G. Bollinger Canyon Road;
H. Donald Drive (along the ridgeline along Mulholland Hill). 38 ATTACHMENT 2: Proposed tracked changes to Scenic Corridor Regulations * September, 2025, as amended 1.A-3 4925-0958-4225 v2

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.

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 39 ATTACHMENT 2: Proposed tracked changes to Scenic Corridor Regulations * September, 2025, as amended 1.A-4 4925-0958-4225 v2
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 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 40 ATTACHMENT 2: Proposed tracked changes to Scenic Corridor Regulations * September, 2025, as amended 1.A-5 4925-0958-4225 v2
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.

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. The planning commission and town council shall be notified of all administrative decisions for those features regulated by Section 8.132.030. Decisions of the design review administrator may be appealed by a planning commissioner or town council member pursuant to the procedures in Chapter 8.12.240. At their discretion, the design review administrator also may refer an 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.
41 ATTACHMENT 2: Proposed tracked changes to Scenic Corridor Regulations * September, 2025, as amended 1.A-6 4925-0958-4225 v2
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. Architectural design measures that reduce visual bulk and maintain vistas along facades facing scenic 42 ATTACHMENT 2: Proposed tracked changes to Scenic Corridor Regulations * September, 2025, as amended 1.A-7 4925-0958-4225 v2
corridors shall be included. Upper story stepbacks shall be strongly encouraged. Other measures that reduce the real or perceived mass of upper floors may be considered, including but not limited to façade articulation, variations in material character and texture, varied rooflines and window patterns, and modulation of building volumes. 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 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.
43 TOWN OF MORAGA

TOWN COUNCIL MEETING
December 10, 2025
Addendum(s) to Published Agenda
6: Consent Calendar

6.4: Waive the second reading and adopt an Ordinance amending Title 8 of the Moraga Municipal Code to implement Program 32 of the 2023- 2031Moraga Housing Element and Action CD-C1 of the Moraga General Plan Community Design Element Regarding Scenic Corridors Updates Include:
• Correcting a typo in the numbering in Section 6: Amendment of Chapter 8.132 (Scenic Corridors). 8.32.010 – Purpose was corrected to 8.132.010 - Purpose
44 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-1

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
Attachment A
45 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-2 WHEREAS, an Addendum to the EIR for the Comprehensive Advanced Planning Initiative was prepared to consider additional impacts resulting from the adoption of 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 September 2 Draft, and those changes were subsequently incorporated in a new Draft; and WHEREAS, the Moraga Planning Commission continued its hearing to October 21, 2025, and considered the new Draft, as well as the original Draft recommended by staff and presented on September 2, at that hearing; and
WHEREAS, the Moraga Planning Commission voted at its regular meeting on October 21 to support a Resolution recommending Town Council approval of the original September 2 draft, inclusive of the modifications related to portable signs included in the October 21 draft; and WHEREAS, all required public notices for the November 12, 2025 Town Council public hearing on the proposed Scenic Corridor amendments were provided in the East Bay Times in accordance with California Government Code Section 65091; and WHEREAS, the Town Council approved specific modifications to this Draft Ordinance at their November 12, 2025 related to upper story stepbacks in the MCSP area, and addition of a requirement to notify the Planning Commission and Town Council of administrative decisions made pursuant to Chapter 8.132 (Scenic Corridors), and those modications have been incorporated.

NOW THEREFORE BE IT RESOLVED 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. The proposed zoning code amendments are part of the “project” evaluated and would allow for development consistent with what has been analyzed in the EIR. The adoption of this Ordinance would not increase the number of housing units that could 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 proposed amendments are exempt from the provisions of the California 46 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-3 Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) 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.

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 Section 8.34.060(B) (Development Standards), the development standard in the table for “Private outdoor area for each dwelling unit” is amended to read:
47 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-4 “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.” (b) Section 8.34.070 (Design Requirements), Clause (6) relating to scenic corridors is deleted in its entirety, and Clauses (7) and (8) are renumbered as (6) and (7).

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

SECTION 5: AMENDMENTS TO CHAPTER 8.128 (RIDGELINE PROTECTION) 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 as follows:
(a) The title of Section 8.128.050 is amended to read “Visual Separation – View Corridor” (b) Section 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) Section 8.128.050(B)(3) is amended to read:
“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 is deleted in its entirety and replaced with the following text:
“8.132.010 – 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”:
48 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-5 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 49 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-6 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
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. The planning commission and town council shall be notified of all administrative decisions for those features regulated by Section 8.132.030. Decisions of the design review administrator may be appealed by a planning commissioner or town council member pursuant to the procedures in Chapter 8.12.240. At their discretion, the design review administrator may refer the also refer an application to the design review board and the board shall act upon the application.
50 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-7 A. 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.

B. 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)
Section A(10) of Chapter 8.200.050 (Moraga Center Design Requirements) 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. Architectural design measures that reduce visual bulk and maintain vistas along facades facing scenic corridors shall be included. Upper story stepbacks shall be strongly encouraged. Other measures that reduce the real or perceived mass of upper floors may be considered, including but not limited to façade articulation, variations in material character and texture, varied rooflines and window patterns, and modulation of building volumes.

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)
Section B(2) of Chapter 8.210.050 (Rheem Center Objective Design Standards – Building Orientation and Setbacks) 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
These amendments become effective thirty (30) days after the final passage and adoption of this Ordinance.

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 51 Town Council Ordinance: Amendments to Scenic Corridor Regulations * November 12, 2025, as amended 1.A-8 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 December 10, [MONTH, DATE, 2025] by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Recused:
____________________________
Steve Woehleke, Mayor
___________________________________
Attest: Amy Heavener, Town Clerk
52 CONSENT CALENDAR: 6.5
To: Honorable Mayor and Councilmembers
From: Shawn Knapp, Public Works Director/Town Engineer
Subject: Awarding a Consultant Services Contract to NCE for the Canyon Road Sinkhole Repair and Culvert Replacement Project and Appropriating Funds and Associated Approvals for the project
Meeting Date: December 10, 2025

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Adopt a Resolution:

1. Authorizing the Town Manger to execute a Consultant Services Contract to NCE for preliminary engineering design and environmental services for the Canyon Road Sinkhole Repair and Culvert Replacement Project (CIP 23-201 and ER-15J9) in the amount not to exceed $384,198, subject to approval as to form by the Town Attorney.

2. Authorizing a twenty percent (20%) contingency for preliminary engineering in the amount of $76,840, for a total not-to-exceed contract amount of $461,038, and authorized the Town Engineer to execute change orders within this contingency as necessary

3. Appropriating $17,000 of Gas Tax (Fund 205) funds and $408,000 of FHWA funds in CIP 23-201 for a total project budget of $1,286,000;

4. Finding that the recommended design and study work is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section §15306.

BACKGROUND
During the 2023 rainy season, heavy storm damage to the 60- inch diameter culvert beneath Canyon Road resulted in a large sinkhole and partial roadway collapse. Contra Costa County Public Works Department (County) crews initially responded under the assumption that the facility was in unincorporated County territory and installed temporary steel road plates to maintain public access. Subsequent investigation confirmed the culvert and roadway are within Town boundaries (Attachment B).
53 Staff is recommending Town Council appropriate certain funding to the project to align with updated cost estimates and federal funding eligibility and authorize a contract with NCE for preliminary engineering design and environmental compliance.

DISCUSSION
Project Budget & Additional Funding Requests
The County secured $831,538 in Federal Highway Administration (FHWA) funding for the project, of which $15,000 was for emergency opening to stabilize and protect traffic, and $816,038 was for permanent replacement to replace the culvert and restore the roadway.

FHWA and CalTrans approved the transfer of the permanent restoration funds to the Town in the amount of $821,788. This amount includes a Town match of $94,259.

Temporary steel plates have remained in place longer than anticipated, and staff has observed ongoing creek washout and material loss at the culvert. To prevent further collapse, reduce sediment transport, and maintain safe access until permanent replacement construction, the following emergency stabilization interim measures are needed:

Sealing culvert pipe dislocation and limiting further inflow; Backfilling the culvert trench and armoring with rip -rap; Removing deposited sinkhole material around the headwalls.

Filing emergency environmental documentation with permitting agencies; and Covering continued temporary plate rental costs.

To address extended emergency opening and permanent restoration work, staff submitted a time extension and revised Damage Assessment Form to FHWA/CalTrans, requesting $70,872 in emergency opening funds and $72,577 in permanent replacement funds. These additional requested amounts include required Town matching funds.

The revised project budget aligns with updated cost estimates and federal eligibility requirements. The proposed phase budgets are reflected in the CIP 23-201 Revised Budget Sheet (Attachment F).

Design Consultant Selection Process
Consistent with FHWA/Caltrans requirements and federal-aid procurement standards, the Town issued an RFP for permanent replacement preliminary engineering and environmental services. The RFP sought firms with ER/federal-aid experience, culvert/roadway design capability, hydrology/hydraulics, geotechnical evaluation, and CEQA/NEPA documentation expertise.

Four responsive proposals were received and evaluated using federal qualifications-based criteria. NCE was ranked the most qualified proposer.

NCE’s cost proposal (Attachment C) was reviewed for allowability and reasonableness under FHWA/Caltrans cost principles. The proposed fee of $384,198 is consistent with the anticipated level of effort, reflecting the required environmental analysis and permitting for a rural creek corridor adjacent to sensitive habitat areas.

Staff recommends awarding the contract to NCE for preliminary engineering design and environmental services in the amount of $384,198. Staff also recommends authorizing a 20% 54 contingency in the amount of $76,840, if necessary, for additional change orders, for a total not to exceed amount of $461,038.

FISCAL IMPACT
CIP 23-201 is included in the FY 2025-26 and FY 2026-27 CIP Budget, with a total project budget of $861,000. The project was originally programmed with $428,000 in RMRA (Gas Tax) for required federal match and related costs and $433,000 in FHWA funds.

Staff is recommending an additional appropriation of $425,000, for a total project budget of $1,286,000, with $17,000 funded by Gas Tax (Fund 205), and the remaining $408,000 funded by FHWA funds. There are sufficient funds in Fund 205 to support the additional appropriation.

Attachment F is the updated project worksheet for CIP 23-201, which details the revised project budget and funding.

There is sufficient funding available in the project budget to award the contract to NCE for preliminary engineering design and environmental compliance.

CEQA COMPLIANCE
The recommended action approves only design, technical studies, and environmental analysis. Such activities are categorically exempt under CEQA Guidelines section 15306 (Information Collection). Environmental review for the construction phase will be completed as part of the preliminary engineering scope and brought to the Town Council for consideration prior to construction authorization.

ALTERNATIVES

1. Adopt the attached Resolution with modifications; or

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

NEXT STEPS
If NCE is awarded a Consultant Services Contract, staff will notify Caltrans and FHWA of the contract award and request federal authorization for preliminary engineering. Staff will then conduct a preliminary engineering kickoff meeting with NCE to confirm scope, ER documentation requirements, schedule, and deliverables, and direct NCE to begin work as appropriate.

ATTACHMENTS
Attachment A - Draft Resolution - NCE Award of Contract CIP 23-201.docx Attachment B - Vicinity and Site Map
Attachment C - NCE Technical and Cost Proposals
Attachment D - Draft Consultant Services Contract
Attachment E - Submitted Damage Assessment Form DAF and Request for Additional FHWA ER Funding
Attachment F - Proposed Project Budget Sheet - CIP 23-201 55 Attachment A
Resolution No. XX-2025 1 December 10, 2025

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. ___-2025
Awarding a Consultant Services Contract to NCE for the Canyon Road Sinkhole Repair and Culvert Replacement Project and Amending the Project Budget WHEREAS, during the 2023 rainy season, heavy storm events damaged a 60- inch diameter culvert beneath Canyon Road, resulting in a sinkhole and partial roadway collapse requiring emergency stabilization and subsequent repair; WHEREAS, the Federal Highway Administration (FHWA) Emergency Relief (ER) Program authorized emergency relief funding for emergency opening and permanent restoration of the Canyon Road culvert and roadway, and FHWA and Caltrans approved transfer of the permanent restoration phase to the Town of Moraga for delivery and administration;
WHEREAS, the Town, acting as the lead agency for the permanent restoration phase, issued a Request for Proposals in accordance with FHWA and Caltrans federalaid procurement requirements to obtain preliminary engineering design, environmental analysis, and permitting services for the Project;
WHEREAS, four responsive proposals were received and evaluated, and NCE (Richmond, California) was determined to be the most qualified firm based on technical merit, relevant FHWA ER project experience, team qualifications, and ability to meet federal documentation and design standards;
WHEREAS, the Town Council finds NCE’s proposed scope of services and fee to be reasonable and in the public interest, and further finds that a contingency of twenty percent (20%) is appropriate to address potential scope refinements and federal-aid coordination requirements during design and environmental clearance; WHEREAS, continued washout and sedimentation risks at the site necessitate additional emergency opening stabilization work before permanent restoration construction, and the Town has submitted a revised Damage Assessment Form and time extension requesting supplemental FHWA ER funding for both emergency opening and permanent restoration phases; and
WHEREAS, the Project is included in the Town’s adopted FY 2025-26 and FY 2026-27 Capital Improvement Program (CIP) Budget, and it is necessary to amend the CIP Budget to reflect the updated Project budget and contingent federal funding request; and
WHEREAS, the recommended action authorizes only design, study, and information-gathering activities, which are categorically exempt from CEQA under CEQA Guidelines section 15306.
56 Attachment A
Resolution No. XX-2025 2 December 10, 2025
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Moraga, hereby as follows:

1. Authorizes the Town Manger to execute a Consultant Services Contract to NCE for preliminary engineering design and environmental services for the Canyon Road Sinkhole Repair and Culvert Replacement Project (CIP 23-201 and ER15J9) in the amount not to exceed $384,198, subject to approval as to form by the Town Attorney

2. Authorizes a twenty percent (20%) contingency for preliminary engineering in the amount of $76,840, for a total not-to-exceed contract amount of $461,038, and authorized the Town Engineer to execute change orders within this contingency as necessary.

3. Appropriates $17,000 of Gas Tax (Fund 205) funds and $408,000 of FHWA funds in CIP 23-201 for a total project budget of $1,286,000, as shown in Exhibit A to this resolution.

4. Finds that the recommended design and study work is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15306 (Information Collection).

BE IT FURTHER RESOLVED that the Town Manager is hereby authorized to execute a Contract with minor revisions that may be approved by the Town Manager and the Town Attorney, and to execute any other necessary documents to effectuate the purpose of this Resolution.

BE IT FURTHER RESOLVED that the Town Manager is hereby authorized to execute any other documents and take such other actions as may be necessary to carry out the intent and purpose of this Resolution, including coordination with Caltrans and FHWA for ER Program authorizations and reimbursements.
57 Attachment A
Resolution No. XX-2025 3 December 10, 2025
Exhibit A
58 Rheem Blvd
Moraga Rd
Moraga Way
California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA, USFWS
Canyon Road Culvert & Sinkhole Repair
±
0 0.25 0.5 1 1.5 2
Miles
Legend
Project Location
Town-Owned Roads
County-Owned Roads
Town Limits Map created on 11/14/2025 by
Justin Jerome, Town of Moraga
CA23-3_LTP-MRGA-001-1
Attachment B
59 Canyon Road Culvert & Sinkhole Repair
Trib of Indian
San Leandro Creek
Indian Creek
Vantor
California State
Parks, Esri, TomTom,
Garmin, SafeGraph,
0 250 500 1,000
Feet
±
Map created on 11/14/2025 by
Justin Jerome, Town of Moraga
Repair Location
Creeks
Roadway
Town Limits
CA23-3_LTP-MRGA-001-1
60 SubmiƩed By:
300 E 2nd Street, #1210
Reno, NV 89501
(775) 329-4955
SubmiƩed By:
1003 West Cuƫng Blvd., Suite 110
Richmond, CA 94804
(510) 215-3620
Reno | Lake Tahoe | Point Richmond | Oakland | Sacramento | Anaheim | ScoƩsdale November 13, 2025
Town of Moraga, Public Works Department/Engineering Division

PROPOSAL
Canyon Road Culvert Replacement Project
(CIP 23-201 & ER–15J9(193)) – Engineering Design Services Attachment C
61 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
i
Table of Contents

1. Transmittal Letter .......................................................................................................................... 1

2. Executive Summary........................................................................................................................ 3

3. Project Understanding and Technical Approach ............................................................................. 4

3.1 Project Understanding ................................................................................................................ 4

3.2 Technical Approach..................................................................................................................... 4

4. Project Management and Team Organization .............................................................................. 12

4.1 Project Manager and Engineer of Record .................................................................................12

4.2 Organizational Chart.................................................................................................................12

4.3 References for Similar FHWA/Caltrans Projects........................................................................13

5. Experience and Qualifications...................................................................................................... 16

5.1 Relevant Firm and Key Personnel Experience ...........................................................................16

5.2 Key Personnel Resumes............................................................................................................19

6. Task Summary and Level of Effort ................................................................................................ 20

7. Schedule ...................................................................................................................................... 21

8. Cost Proposal (submitted in a separate sealed envelope) ............................................................ 22

9. Required Statements ................................................................................................................... 22

9.1 Non-Collusion Statement..........................................................................................................22

9.2 Title VI acknowledgment ..........................................................................................................22

9.3 Certification of Insurance Requirements ..................................................................................23

9.4 Requested Contract Modifications ...........................................................................................25 Appendices
A Resumes of Key Personnel
B Forms
62 1003 West Cutting Blvd., Suite 110
Pt. Richmond, CA 94804
(510) 215-3620

1. Transmittal Letter
November 13, 2025
Shawn Knapp, PE, CFM, QSP/QSD, Director of Public Works/Town Engineer Town of Moraga
Public Works Department/Engineering Division
329 Rheem Boulevard, 2nd Floor
Moraga, CA 94556
RE: Proposal – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
Dear Mr. Knapp and Members of the Selection Committee:

NCE understands that the Town of Moraga (Town) is seeking support from a qualified consulting firm to serve as the Town’s partner for the Canyon Road Culvert Replacement Project. This important storm drainage infrastructure was damaged by recent storms and is to be replaced using a combination of Federal Highway Administration (FHWA), Emergency Relief (ER) funding, and local funds provided by the State Road Maintenance and Rehabilitation Account (RMRA). Due to the stringent environmental and project management process requirements of these funding sources, the selected consultant needs to have a strong understanding of the National Environmental Protection Act (NEPA), California Environmental Protection Act (CEQA), regulatory agency permitting, and the California Department of Transportation (Caltrans) Local Assistance Procedures Manual (LAPM). NCE has assembled a proven team with extensive experience in all of these areas.

NCE has a long history of working with the Town through the successful delivery of drainage, stormwater management, and roadway infrastructure projects. Our previous work includes inventorying and mapping storm drain systems, developing master plans, multi-year paving plans, roadway and drainage maintenance and repair, and supporting data-driven decision-making for the Town’s municipal infrastructure. NCE is proud of this history and remains committed to advancing the Town’s priorities through reliable, high-quality deliverables.

Projects like this require a multidisciplinary team with flexibility, creativity, and a depth of resources.

Familiarity with regulatory requirements and procedures is also crucial to a successful collaboration between agencies and their consultants. We believe the addition of Scott De Leon, PE, as Project Manager/Engineer of Record differentiates us from other firms. As the retired Director of Public Works and Water Resources Departments for Lake County, Scott is recognized for his background in public sector infrastructure projects, including emergency response and natural disaster recovery. His expertise is particularly notable in the context of natural disasters, where he has played key roles in both technical and leadership capacities.
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We have assembled a talented team of NCE professionals, led by Scott, many of whom have significant experience working together on similar projects. NCE has included selected and trusted teaming partners that complement our scope of work for the Town, and include:
• MGE Engineering, Inc. (MGE) – Oversight, Geotechnical, Caltrans LAPM Assistance (MGE is a California Disadvantaged Business Enterprise [DBE] firm) • Mountain Pacific Surveys (MPS) – Topographic Surveying As a Principal with NCE that has a longstanding history and working relationship with the Town, J. Ryan Shafer, PE, GE, is authorized to sign contracts on behalf of NCE and will serve as the point of contact for this proposal. This proposal is valid through June 30, 2026. NCE’s has reviewed the Town’s sample agreement and would respectfully request the minor modifications listed in section 9.4 of our proposal.

NCE appreciates your consideration of our proposal and looks forward to the opportunity to collaborate with the Town on this important project.

Sincerely,
NCE
J. Ryan Shafer, PE, GE
Principal and CA Infrastructure Lead
Scott De Leon, PE
Project Manager
64 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
3 2. Executive Summary
The Canyon Road Culvert Replacement Project is a critical infrastructure initiative prompted by extensive damage to a 60-inch corrugated metal pipe (CMP) culvert beneath
Canyon Road during the 2023 rainy season, which resulted in partial roadway failure and impaired drainage capacity.

The Town of Moraga seeks to restore full roadway
functionality, improve stormwater conveyance, and
safeguard adjacent embankments through permanent
restoration. The project is funded by the FHWA ER Program and Road Maintenance and Rehabilitation Account (RMRA)
funds, requiring strict adherence to federal, state, and local standards.

The project faces several significant challenges, foremost being strict compliance with a comprehensive suite of
Federal and State regulatory requirements. Funding is
contingent on following specific process standards and can be jeopardized if tasks are missed. An accelerated
completion schedule further increases complexity, as
timely delivery is vital for maintaining eligibility for federal relief funds. The project also requires expert navigation of environmental permitting under NEPA and CEQA.

Our proposed methodology ensures that every step
adheres to the requirements of the FHWA ER Program and
the RMRA, incorporating applicable federal and state
regulations, including 23 CFR 172, 2 CFR 200, and Caltrans LAPM guidelines.

NCE, MGE, and MPS have established a longstanding
partnership, offering an integrated approach to complex civil engineering, environmental, and infrastructure
projects. As the prime consultant, NCE will provide
engineering design, hydrologic and hydraulic analyses,
environmental review, permitting, and overall project
management, ensuring transparent communication and
stringent quality control throughout all phases of the
project. MGE will contribute specialized expertise in
geotechnical engineering and Caltrans LAPM assistance,
ensuring all work and processes meet the requirements of Caltrans, FHWA, and local agencies. MPS, serving as the survey subconsultant, will provide accurate and reliable topographic and boundary surveying services to support project success. 65 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
4 3. Project Understanding and Technical Approach

3.1 Project Understanding
NCE understands that in 2023, a 60-inch CMP crossing Canyon Road was damaged during high stormwater flows, which resulted in partial roadway failure and reduced drainage capacity. Following the storm event, Contra Costa County secured funding through the FHWA ER Program. Subsequent to the approval of that funding, it was determined that the project site was the responsibility of the Town of Moraga, and revised Damage Assessment Forms were created to transfer the Permanent Repair funding to the Town.

The Town is seeking an experienced consultant to provide engineering and environmental services to replace the existing culvert with a similar-sized reinforced concrete pipe (RCP) and restore the roadway structure and surface, including the construction of a concrete headwall at the entrance of the culvert and placement of rock slope protection at the culvert outfall to prevent future erosion. All design elements and environmental clearances need to be in accordance with the FHWA ER Manual and the Caltrans LAPM.

The scope of services anticipated by the Town includes:
• Engineering Design, to include topographic mapping, right-of-way determination, geotechnical investigations, hydrologic and hydraulic analyses, utility coordination (if any), and preparation of a complete plans, specifications, and estimates (PS&E) package • Environmental analysis and documentation for compliance with Federal NEPA and CEQA requirements
• Regulatory agency permitting
• Assistance to the Town during the Bidding Phase of the project, and • Construction Engineering Support
NCE further understands that the Town anticipates construction to begin in May 2027 with project closeout by December 2027.

3.2 Technical Approach
The NCE team is highly experienced in projects similar to the Canyon Road Culvert Replacement Project.

NCE maintains an excellent working relationship with Caltrans District 4 Local Assistance Office, which has led to the successful completion of several local projects in the Bay Area Cities of Newark, Alameda, Pacifica, and Richmond. A key assumption for the defined level of effort for this work is that the baseline scope of work will involve the removal and replacement of the existing culvert pipe with an RCP of similar size. If, after regulatory consultation, additional alternatives are required,such as an open-bottom culvert with a naturalized substrate channel, we can advise the Town of the additional scope and fee. NCE’s approach to completing this project includes the following tasks, as identified in the Town’s RFP:

Task 3.1 Project Management
As the primary consultant for the Town, NCE understands the importance of communication throughout the entire development of this project. Upon issuance of a Notice to Proceed, NCE’s Project Manager, Scott De Leon, PE, will arrange a virtual Kick-Off Meeting with the Town, Caltrans Local Assistance Office, identified utilities, and other stakeholders (per the Town’s request) to initiate work on the project. The objectives of the Kick-Off Meeting will be:
• Review of the Scope of Work
66 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
5 • Establish Lines of Communication
• Confirm Deadlines
• Establish Project Schedule and Milestones
• Define Design and Operation Criteria
Throughout the project, NCE staff will be available to attend regularly scheduled virtual progress meetings with the Town to maintain good communications. The purpose of the progress meetings will be to identify and resolve design or funding issues that may surface in a timely manner, present design alternatives and recommendations to Town staff, and continue coordination with project stakeholders as necessary. As the Project Manager on behalf of the Town, NCE understands the project management responsibilities.

Deliverables from this task include, but are not limited to:
• Project Work Plan
• Regular Monthly Progress Meetings
• Managing the project schedule (updated monthly)
• Assistance with Caltrans and FHWA ER Program compliance • Overall project coordination, communication, and public outreach Task 3.2 Preliminary Engineering
NCE will begin preliminary engineering with comprehensive site reconnaissance and field data collection.

Our subconsultant, MPS, will perform detailed topographic and control surveys covering the project limits to collect all relevant surface features for the development of the design base maps. Right-of-way work – described in Task 3.4 below – will also be initiated at this time. Concurrently, our geotechnical subconsultant, MGE, will perform a geotechnical investigation that includes a single boring to a depth of 25 feet to evaluate subgrade soil characteristics. Laboratory testing of the soil samples collected from the boring will be performed with a letter report prepared that summarizes the results and geotechnical recommendations for the improvements. It should be noted that no geotechnical work will be performed until the required environmental clearances for the test site have been obtained. Using the project base maps, current computer modeling tools, and local rainfall/runoff data, NCE’s engineers will complete hydrologic and hydraulic analyses to determine optimal culvert sizing, which forms the basis of support for the selected drainage improvements. Finally, during this task, NCE will confirm the final selection of the RCP that will consider cost, constructability, right-of-way, and environmental impacts, resulting in the development of the Preliminary Engineering Report. This step ensures that selected improvements are both feasible and sustainable within FHWA ER and Caltrans requirements. If, after consultation with regulatory agencies and evaluation of impacts, it is determined that regulatory agencies would like consideration of additional culvert repair alternatives, such as an open-bottom culvert with naturalized channel substrate, NCE can evaluate and design this for additional scope and fee.

Deliverables from this task include, but are not limited to:
• Base Maps and Topographic Survey Data
• Preliminary Engineering Technical Memorandum with Costing • Preliminary Right-of-Way needs, if any
67 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
6 Task 3.3 Environmental Documentation
Based on NCE’s evaluation of the culvert and statements made in the RFP, NCE anticipates that the project qualifies as an Emergency Project under CEQA and would be statutorily exempt. Specifically, Section 15269 of the State CEQA Guidelines states that CEQA does not apply to:
• Emergency repairs to publicly or privately owned service facilities are necessary to maintain service essential to public health, safety, or welfare. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency.

As such, NCE will prepare a statutory exemption (draft and final) for use by the Town as lead agency under CEQA. NCE understands that for similar, prior efforts, the Town has elected to prepare larger CEQA documents (e.g., Bollinger Canyon Road Culvert Repair Project Initial Study/Mitigated Negative Declaration [IS/MND]; however, the CEQA Guidelines were amended in 2018 to allow for expanded use of the emergency projects statutory exemption for projects like this. Although not required by CEQA Guidelines, NCE recommends the Town file the Notice of Exemption (NOE) form with the Town Clerk and the Office of Planning and Research. The benefit of filing an NOE is that it reduces the statute of limitations for filing a legal challenge to the project from 180 days after project approval to 35 days after filing of the NOE. Thus, filing a NOE reduces the timeframe within which a project is susceptible to legal challenge.

Caltrans (as delegated by FHWA) and the U.S. Army Corps of Engineers (USACE) each have NEPA responsibilities that they are responsible for implementing. In NCE’s experience, both agencies will rely on the Town to provide biological, aquatic, and cultural resources documentation to support their NEPA reviews. Based on the scope of the project, both federal agency actions are anticipated to qualify for Categorical Exclusions. However, as Caltrans has delegated authority, NCE will prepare additional technical information in support of Caltrans’s processes and permitting requirements.

NCE will prepare a Preliminary Environmental Study (PES) form, as supported by technical reports (as identified below) and publicly available data. It is assumed that NCE will prepare a preliminary draft (for Town review prior to submittal to Caltrans), a submittal draft PES for Caltrans review, and a final PES that addresses Caltrans comments on the submittal draft. It is assumed that up to two meetings and an additional 64 hours of technical staff time (not including the technical reports identified below) will be required to complete the PES form and address Caltrans comments. If additional studies or Caltrans exhibits are required beyond what is defined herein, we will advise the Town and complete for additional scope and fee.

Cultural Resources. NCE will complete a cultural resources assessment of the Canyon Road Culvert project to comply with both Section 106 of the National Historic Preservation Act and CEQA. Archival research will be carried out to identify previously recorded cultural resources in the vicinity of the Area of Potential Effect (APE), which is assumed to include a quarter-mile buffer. NCE will assist the Town in conducting Native American consultation consistent with CEQA requirements, and if requested, NCE can assist Caltrans with coordination efforts under Section 106. NCE will perform a field survey of the APE to determine the presence or absence of cultural resources. The results of the cultural resources assessment will be presented within a Caltrans Archaeological Survey Report and associated Historic Properties Survey Report.
68 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
7 Aquatic Resources Delineation. NCE’s aquatic resource specialists will visit the project site and conduct a formal USACE aquatic resources delineation. Based on the results of the field work, NCE will prepare a Draft aquatic resources delineation report for review and comment by the Town. NCE will respond to comments and prepare a Final Aquatic Resource Delineation Report. The final Aquatic Resources Delineation Report will be submitted to the USACE, Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW) as a required component of the federal and state permit applications.

Natural Environment Study – Minimal Impact (NES-MI). Based on the PES, NCE will prepare a Natural Environment Study – Minimal Impact (NES-MI). The NES-MI will describe the existing biological environments at the project site and how the project may affect those environments. NCE will complete an assessment of special-status plant and wildlife species and prepare each NES-MI in accordance with Caltrans requirements using the Natural Environment Study Template (August 2022 Caltrans Division of Environmental Analysis, Office of Biological Studies) and guidelines outlined in the LAPM, Chapter 6, and Volume 3: Biological Resources in the Standard Environmental Reference Manual.

The NES-MI will include a map depicting the Biological Study Area (BSA), which includes the direct APE and an indirect effect buffer. The buffer limit is defined by an area where project effects might extend.

The NES-MI will include a description of the project, a characterization of the vegetation communities or habitats in the BSA based on field
work, a summary of the aquatic
resources, a discussion of specialstatus species with potential to occur in the BSA, and an analysis of impacts
on sensitive biological resources,
including identification of appropriate
avoidance, minimization, or mitigation
measures. At this project location, we
anticipate the California red-legged
frog, Alameda whipsnake, and fish
species, particularly the rainbow trout,
will be of particular concern.

The NES-MI will provide the technical
documentation necessary to support
statements made within the CEQA and
NEPA documents. NCE will prepare each draft NES-MI and submit it to the Town. NCE will incorporate Town comments and revise the draft NES-MIs and resubmit them to the Town, which will submit them to Caltrans. Based on comments received from Caltrans, a final NES-MI may be prepared and submitted to the Town for each project to secure Caltrans approval.

Deliverables from this task include, but are not limited to:
• Draft NES-MI
• Revised Draft NES-MI
• Final NES-MI
69 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
8 Permitting. Upon completion of the project’s technical studies, NCE will begin work on the regulatory agency permit applications. This task will begin with agency consultations to discuss the proposed project, scheduling, and special considerations for the project. Early agency consultations help streamline the permitting process by allowing potential issues to be addressed upfront and early in the process. For this project permitting agencies may require additional justification or consideration of other design solutions such as an open bottom culvert with naturalized channel. NCE staff will proactively engage agency staff during the permit submittal and review process to ensure timely permit delivery.

Because the project is located on Indian Creek and it will result in both temporary and/or permanent impacts to Waters of the State and U.S, a Section 401 Water Quality Certification is required from the RWQCB, A Section 404 Nationwide Permit (NWP) from the USACE, and a Lake or Streambed Alteration Agreement is required from CDFW.

NCE will prepare a Water Board Discharges of Dredged or Fill Material to Waters of the State application (also known as a Water Quality Certification application) and request and attend a pre-filing meeting with the RWQCB. The application will quantify project impacts and will include all necessary information and attachments to provide a complete application per RWQCB requirements.

NCE will prepare a USACE NWP permit application for the use of NWP 14 for linear transportation projects.

The application will be prepared and submitted using USACE’s online Regulatory Request System and will include all necessary information and attachments. NCE will prepare and submit a CDFW Notification of Lake or Streambed Alteration application using CDFW’s online Environmental Permit Information Management System. The application package will include all necessary information, including avoidance and/or minimization measures to protect fish, wildlife, and plant resources, and it will quantify impacts to Waters of the State.

Deliverables from this task include, but are not limited to:
• Draft and Final Notification of Water Quality Certification application (electronic, PDF format) • Draft and Final USACE Section 404 permit application (electronic, PDF format) • Draft and Final Notification of Lake or Streambed Alteration application (electronic, PDF format) Assumptions:
• The Town will provide payment of the permit application fees • A dewatering or temporary water diversion plan will not be required as construction will be scheduled when the channel is dry
• A water quality monitoring plan will not be required
• Permit condition compliance, mitigation plan, monitoring, and reporting are not a part of this scope of work because the project-specific permit requirements are currently unknown • USACE is the lead federal agency and, if required, will initiate Section 7 consultation with the U.S.

Fish and Wildlife Service (USFWS)
• The project will meet Nationwide Permit 14 requirements • No Hydrological Study will be required as part of the Streambed Alteration permit through CDFW, nor will a Location Hydraulic Study or Floodplain Encroachment Permit be required. 70 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
9 Task 3.4 Right-of-Way and Utility Coordination
As previously discussed, MPS will perform the necessary ground control surveys to collect all relevant data for the determination of existing right-of-way mapping. It is assumed that the project lies within existing right of way – either dedicated or prescriptive – and that no additional right of way will be required. Should the acquisition of land be necessary, a detailed scope and fee for that additional task will be determined and presented to the Town.

It appears that no underground (UG) utilities are present within the project limits; however, NCE will contact the various utility providers (i.e., PG&E, AT&T, Central Contra Costa County Sanitary District, EBMUD etc.) by sending notification letters (A-Letters) with a preliminary project boundary and project construction schedule for the purpose of notifying the utilities of the project and obtaining information on potential conflicts. If UG utilities exist, the utility companies will be requested to provide their utility as-builts and record drawings. NCE will document the utility coordination notifications, conversations, and meetings with utility contacts and information in a matrix format with dates of contacts and mailing details in this matrix. Follow-up calls will be made for each of the above notifications to confirm receipt. NCE will also keep the Town informed of project delays related to utilities.

Deliverables from this task include, but are not limited to:
• Right-of-Way Mapping
• Documentation needed for Caltrans Right-of-Way Certification • Utility Coordination Summary and “A-Letters”
Task 3.5 PS&E
The preliminary design will begin once there is agreement by the agencies on the selected alternative developed in Task 3.2. Preliminary engineered plans, specifications, and estimates will be prepared to a 30% percent level and submitted to the Town and FHWA/Caltrans, USACE, CDFW, and RWQCB for concurrence of the design. The preliminary design will incorporate any input received from early contacts with the agencies, as well as recommendations provided by technical or investigative reports, and will address all design elements needed for successful construction of the project.

Subsequent PS&E packages will be developed for the 60%, 90% and 100% submittals, with each submittal addressing and incorporating comments from the previous version. Plan sheets will generally include the following:
• Cover Sheet and General Notes
• Demolition Plan
• Plan and Profile Improvement Plans
• Headwall and Endwall Structural Plans
• Restoration and BMP Plans
• Detail Plans
Special Provisions based on Caltrans’ 2025 Standard Special Provisions and 2025 Standard Specifications will be prepared. These will be modified, where appropriate, to comply with Town standards and requirements. It is anticipated that the Town will provide electronic files of “boilerplate” bidding documents and a sample Contract to be incorporated in the project Specifications. Additionally, all federally required contract forms and documents will be included as required. Internal quality 71 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
10 assurance/quality control (QA/QC) will be performed beginning with the 60% PS&E, with a QA/QC Checklist developed in accordance with Caltrans’ LAPM. A Hydraulic Modeling Report on the final design will also be prepared during this process.

NCE will prepare the Request for Authorization to Proceed with Construction (Caltrans E-76 package) for submission to Caltrans. NEPA and ROW Clearance from Caltrans are required before submitting the final Request for Authorization to Proceed with Construction. NCE will complete the following documents for the E-76 package to be submitted to Caltrans:
• Copy of FTIP/FSTIP Project Detail Report
• Finalized PES Form (Exhibit 6-A)
• Civil Rights and Disadvantaged Business Enterprise Agreements (Exhibit 9A-9D) • PS&E Checklist (Exhibit 12-D)
• Local Agency Construction Contract Checklist (Exhibit 15-A) • Project Authorization/Adjustment Request (Exhibit 3-A) • DBE Contract Goal Methodology (Exhibit 9-D, if still required) Deliverables from this task include, but are not limited to:
• PS&E Submittals at 30%, 60%, 90%, and 100%
• Hydraulic Modeling Report on Final Design
• Comment Response Log
• E-76 Request for Authorization Package containing the above documentation.

Task 3.6 Bidding Support
Once a project is advertised for bidding, NCE provides comprehensive support throughout the bidding phase to ensure a smooth and transparent process. This includes participating in pre-bid meetings, preparing pre-bid agendas and meeting summaries, and responding to Requests for Information (RFIs) from contractors to clarify design intent. NCE’s design staff are available to issue addenda as needed, ensuring that all prospective bidders have the most current and accurate project information. For complicated or unique projects, NCE often recommends hosting a mandatory pre-bid meeting to further facilitate clear communication and understanding among all parties.

Deliverables from this task include, but are not limited to:
• Responses to bidder inquiries
• Draft and Final Addenda (as required)
• Final Conformed PS&E set
Task 3.7 Construction Support
NCE provides comprehensive construction support services designed to ensure successful project delivery from groundbreaking through closeout. Our team of experienced construction managers and inspectors offers a full suite of services, including attendance at pre-construction conferences, review of contractor submittals, and prompt responses to contractor RFIs. We provide recommendations for necessary construction changes due to unforeseen field conditions, assist with the review and preparation of contract change orders, and prepare record drawings based on as-built information. NCE’s proactive approach emphasizes clear communication, effective team building, and anticipation of potential issues to mitigate delays and claims, ensuring that projects remain on schedule and within budget. 72 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
11 Deliverables from this task include, but are not limited to:
• Construction Meeting attendance and notes
• Submittal and RFI Log and reviews
• Record Drawings (PDF and AutoCAD formats)
Task 3.8 Quality Assurance/Quality Control (QA/QC)
NCE provides QA/QC services through a formal Quality Assurance Management Program (QAMP) that is integrated into every phase of project delivery. The QAMP is built on four core principles: client satisfaction, employee participation, problem prevention, and continuous quality improvement. Every NCE employee participates in in-house quality assurance training and must pass a certification exam, ensuring a company-wide commitment to quality. The QAMP includes detailed reviews of all planning documents, technical reports, engineering specifications, drawings, calculations, and design documents before submittal to the client. This process is supported by meticulous record keeping and high standards of field documentation, with QA/QC conducted at every step—from proposal preparation and fieldwork to final deliverables.

NCE’s QA/QC process begins with self-checks by staff, followed by task and project manager reviews, and concludes with a dedicated QA/QC manager review. The program also incorporates lessons learned, technical expertise, and past performance into daily quality management. Special reviews, such as constructability reviews, are scheduled as needed, and review processes may include advisors who are not involved in day-to-day activities to provide independent oversight. Deliverables from subconsultants are held to the same rigorous standards, requiring a Subconsultant QA/QC Plan or adherence to NCE’s procedures, with all reviews thoroughly documented. This structured and comprehensive approach ensures that all project work meets the highest quality standards, minimizes regulatory scrutiny, and reduces the risk of contractor claims or change orders.

Deliverables from this task include, but are not limited to:
• QA/QC Plan (draft and final)
• Review the checklist and resolution
• Final Conformed PS&E set
73 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
12 4. Project Management and Team Organization

4.1 Project Manager and Engineer of Record
Scott De Leon, PE, will serve as the Project Manager and Engineer of Record for this project. He is a licensed Civil Engineer in California with 36 years of experience, focusing on public infrastructure, emergency response, and natural disaster recovery. From 2010 to 2024, he held the position of Public Works and Water Resources Director for Lake County, where he managed emergency operations during nine declared disasters, including flood and wildfire recovery efforts such as the 2015 Valley Fire. His responsibilities also included overseeing floodplain management, stormwater programs, and participation in the National Flood Insurance Program. Scott has led technical and administrative teams, coordinated with various agencies and community stakeholders, managed emergency project changes, and provided structural design for infrastructure upgrades. His extensive expertise in disaster response, project management, and infrastructure restoration has been instrumental in supporting community recovery and resilience. Scott will utilize his background and experience to ensure the project’s deliverables and progress are on track. In addition, Scott will facilitate frequent interactions with task leads to discuss progress, questions, and note challenges. Scott will work hard to ensure the Town’s expectations are met.

4.2 Organizational Chart
NCE will serve as the primary consultant, and we have carefully and strategically selected our teaming partners to meet the specific requirements of this contract. We have established ongoing working relationships with these firms and have completed numerous projects together. Specifically, we have collaborated with MGE for more than 10 years to deliver project oversight, geotechnical, Caltrans LAPM assistance, and with MPS for over 16 years to provide topographic surveys.

74 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
13 4.3 References for Similar FHWA/Caltrans Projects
NCE
Recent representative projects include federally funded culvert replacements where NCE managed multidisciplinary teams, conducted environmental studies per Caltrans NEPA and CEQA procedures, and prepared technical documentation that achieved timely approvals. Our work on county and municipal ERfunded roadway restoration has required proactive coordination among local agencies, Caltrans District staff, and federal partners, successfully navigating funding stipulations and complex compliance situations. These projects required project management and a track record of delivering on accelerated timelines, mirroring the expectations for the Canyon Road Culvert Replacement Project.

City of Richmond

VIA VERDI SLOPE STABILIZATION PROJECT
The City of Richmond retained NCE to provide engineering, regulatory permitting, and environmental documents to respond to a significant landslide at Via Verdi. It had immediate and potentially serious impacts on public access, utilities, street infrastructure, and the conveyance of creek waters and
upstream dam releases. The landslide was large and deep and had an impact on the entire Via Verdi roadway. The ongoing movement was of concern to the City for maintaining safe access for the local community (Via Verdi served as the only point of access), frequent maintenance and monitoring by City crews, and disruption to sewer, gas, water, telecom, and electrical utilities. The City declared this an emergency and obtained FEMA funding. NCE expedited plan delivery to allow for the design and construction of an emergency access road at Via Verdi, allowing full closure of Via Verdi within approximately a week, and with careful coordination with affected utilities, allowing bypass of utilities within and along the new emergency access road. The strong partnering and collaboration with the City on this project resulted in expedited delivery and turnaround on design documents, allowing for the construction of necessary repairs and temporary measures to minimize impacts to the local community. NCE maintained a quickened pace on Via Verdi and completed alternatives analysis, permitting, and completion of construction and environmental documents. To stabilize the landslide, the project constructed a 350-linear-foot concrete box culvert within San Pablo Creek below the landslide area. The culvert is quite large, 17.5 feet high and 24 feet wide, to convey San Pablo Creek and release waters from the upstream San Pablo Dam Reservoir. Approximately 20,000 cubic yards of engineered fill (rock/soil) were placed around and over the culvert to buttress the landslide. Affected roadway and utilities were also reconstructed. Creek slopes, including areas above the culvert, were revegetated, and steeper slopes received bioengineered slope protection with brush mattress and rip rap, and pole plantings. NCE also prepared the CEQA document (MND and noticing) and permits, including the San Francisco Regional Water Quality Control Board 401 Permit, USACE 404 Individual Permit (including an alternatives analysis), CDFW Streambed Alteration Agreement, USFWS 7 Consultation, and local agency permits.

Client
Tawfic Halaby, PE, Deputy Director
of Public Works – Operations and
Maintenance
City of Richmond
p: (510) 620-5482
e: [email protected]
Project Dates: 2017 to 2022
75 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
14 San Joaquin County

FEMA HAZARD MITIGATION GRANT PROGRAM/KENNEFICK ROAD FLOOD CONTROL PROJECT This section of Kennefick Road in rural San Joaquin County was heavily damaged by flooding in 2017. NCE completed planning, design, and environmental compliance for the project with funding provided by the Federal Emergency Management
Agency (FEMA). The design included a permanent road and culvert repair with an updated hydrological design to prevent any future road damage from flooding. The culvert repair consisted of three reinforced concrete box culverts installed at the reconstructed roadway, including six modular sections, a cutoff wall, headwalls at both ends, and four wingwalls. The culverts were placed at the streambed depth of the water course with minimal impact to the water surface elevation level at the design storm event. In support of environmental compliance, NCE conducted biological and archeological field studies, developed technical studies, and coordinated communication with regulatory agencies, including the USACE, CDFW, and the Central Valley Regional Water Quality Control Board. Permit applications were prepared and submitted for Section 404 of the Clean Water Act, 401 Water Quality Certification, and Section 1600 Streambed Alteration Agreement. The permit closeout occurred after construction. MGE was NCE’s subconsultant on this project.

Sonoma County Transportation/Public Works
STEWART’S POINT SKAGGS SPRINGS ROAD PROJECT
A February 2019 storm event caused significant damage to roads, culverts, and bridges in Sonoma County. Landslides, slipouts, exposure of footings, and failure of drainage infrastructure all resulted from the storm event. Multiple locations along Stewart’s Point Skaggs Springs Road were identified for repair under the FHWA ER Program administered by Caltrans. Proposed improvements include erosion control, slope stabilization, retaining walls, and culvert replacements. Some of the sites are located adjacent to sensitive riparian habitat and streams that support salmonids. The Project is being delivered under the Caltrans Local Assistance Program overseen by District 4.

Following our initial site investigations and database searches, NCE worked closely with County Public Works staff and Caltrans District 4 staff to confirm the PES and to develop an
Environmental Considerations Memo for each site. The memo is intended to inform and guide design to avoid or minimize impacts. Our resource specialists then completed field surveys and technical studies as appropriate at the four sites. These efforts primarily focused on biological, aquatic, and cultural resources. NCE is currently developing Natural Environment Study Minimal Impact documentation to support CEQA and NEPA. MGE was the prime consultant on this project.

Client
Max Serikov, EIT, Engineer II
San Joaquin County Public Works
p: (209) 468-3020
e: [email protected]
Project Dates: 11/2019 to 5/2024
Client
Cindy Rader, PE, Project Manager
Sonoma County Transportation/PW
p: (707) 565-2554
e: [email protected]
Project Dates: 7/2020 to 3/2025
76 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
15 MGE
Sierra County Department of Public Works and Transportation STORM DAMAGE ROADWAY REPAIR PROJECTS (6 SITES) FHWA ER PROJECT MGE provided engineering design services for the permanent repair of storm-damaged roadways at six sites. MGE staff completed field reviews to identify the cause of failure and an appropriate permanent repair. Upon completion of the site visits and identification of the appropriate permanent repair work, a report for each location was prepared. Reports included details of the proposed permanent repair, preliminary costs, potential easement and right-of-way needs (if any), CEQA/NEPA
environmental requirements, and needed regulatory permits. In addition, where possible, mitigation improvements were
identified that could be undertaken to reduce the potential for similar damage to occur during future storm events. This project was funded through FHWA/ER. Based on findings from the field reviews, MGE grouped the sites into two categories. The first group contains sites where storm flow, slope failures, and debris overwhelmed existing culverts and caused overtopping and erosion of the roadway and culvert support material. The second group contains sites that have outboard roadway slope failures or have debris accumulated on the road from the failure of the inboard cut slope. MGE prepared geotechnical evaluation reports for each site and final design and PS&E, environmental clearance and regulatory permits, and engineering support during construction for all sites.

Tuolumne County Community Resources Agency

RED HILLS ROAD AT SIX BIT GULCH CULVERT REPLACEMENT PROJECT The project involves mitigation of flood and scour hazards at the existing vented low water crossing. Hazard mitigation consists of replacing the low water crossing with a four-span, cast-in-place reinforced concrete slab bridge capable of passing a 100-year flood. Red Hills Road is a rural two-lane road and is partially located within the Bureau of Land Management Red Hills
Recreation Management Area, where sensitive species and plants are present. The low water crossing has two 18-inch diameter culverts encased in concrete to provide protective cover and a surface for vehicles to cross Six Bit Gulch. The concrete roadway surface at the low water crossing was ~95-feet long and 12-feet wide and was cracked and settled. Hard rock is present in the channel and in the surrounding area. As the prime consultant, MGE provided design for the mitigation that involved removing the existing culverts and concrete low water crossing, regarding the upstream aggraded channel near the crossing, and constructing a bridge to replace the low water crossing.

Client
Bryan Davey, Public Works Director
Sonoma County PW/Transportation
p: (530) 289-3201
e: [email protected]
Project Dates: 2018 to 2022
Client
Denise Zitnik, Engineer III
Tuolumne County Community
Resources Agency
p: (209) 533-5849
e: [email protected]
Project Dates: 2021 to 2025
77 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
16 5. Experience and Qualifications

5.1 Relevant Firm and Key Personnel Experience
Founded in 1990, NCE is a client-focused engineering, planning, landscape architecture, and environmental firm specializing in innovative and creative design of infrastructure projects primarily for public agencies. Our goal is to create value to our clients and employees by building lasting relationships while making a difference in the communities that we serve and live in. Our brand promise extends to our clients’ confidence in our work, our collaborative style of working, open, honest communication, and our commitment to meeting the needs of our clients and partners.

NCE has 140 professionals across seven offices across California, Nevada, and Arizona; therefore, our team has an excellent understanding and awareness of the priorities and challenges facing our local communities. Working with both public and private sector clients, NCE provides innovative thinking and delivers accurate technical solutions through the following practice areas:

Civil Engineering Landscape Architecture
Environmental Pavement and Materials
Water Resources Asset Management
Licenses, Specialties, and Trainings
NCE staff holds all relevant licenses and certifications required to perform engineering and environmental work in California, including:
• Registered California Professional Engineers (PE) - Civil, Geotechnical, Environmental • Registered Professional Geologists (PG)
• Certified Engineering Geologist (CEG)
• Professional Landscape Architects (PLA)
• Registered Professional Archeologists (RPAs)
• Certified Project Management Professionals
• Qualified Stormwater Pollution Prevention Plans (SWPPP) Developers/Practitioners (QSD/QSP) • Certified Professional Erosion and Sediment Control (CPESC) • Certified Geographic Information Systems (GIS) Professionals NCE’s staff regularly participate in ongoing technical training, regulatory compliance courses, and specialized software proficiency, including pavement management systems, GIS, environmental compliance, and advanced design applications.

Collaboration. Commitment. Confidence.SM
35 YEARS STRONG
140

EMPLOYEES
7 OFFICES
Project Office:
1003 West Cutting Blvd., Suite 110
Pt. Richmond, CA 94804
P: (510) 215-3620
Additional Office Locations:

Oakland, CA
Sacramento, CA
Anaheim, CA
Reno, NV
Lake Tahoe, NV
Scottsdale, AZ
78 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
17 Professional Services and Capabilities
Civil Engineering
NCE’s Civil Engineering team has extensive experience developing plans, specifications, and construction cost estimates for municipal facilities and amenities, as well as local and state transportation projects. It is a fundamental goal of NCE to produce high-quality work deliverables by following rigorous quality control procedures and standard design guidelines and requirements, while maintaining a reputation for timely service. The company has earned the confidence of many California cities and counties as a provider of superior civil engineering services.

Projects include multi-year paving capital improvement project plans, pavement management updates, bicycle and pedestrian enhancements, trails, parks, complete streets, pavement rehabilitation and reconstruction, road widening and intersection design, roadway geometrics, emergency response, hydrologic and hydraulic modeling, hydraulic engineering, erosion control projects, utility coordination, design, and relocation for domestic water and sanitary sewer systems, storm drain system design, storm water quality improvements, wetlands and creek restorations, redevelopment, urban infill projects, and have expertise in the latest guidelines from Caltrans, FHWA, and the National Association of City Transportation Officials. These projects involve stakeholder coordination, public outreach, and strict adherence to CEQA and NEPA environmental regulations.

Environmental
NCE staff have been intimately involved in the environmental and natural resource field for more than 35 years and through this experience we have developed strong working relationships with federal, state, and local agencies and organizations including the U.S. Forest Service (USFS), USFWS, USACE, National Marine Fisheries Service, RWQCB, CDFW, Caltrans, California Coastal Commission, various reclamation districts and flood protection agencies, and numerous research institutions. NCE offers a variety of environmental engineering services, including, but not limited to:
• Environmental documents for CEQA and
NEPA
• Water quality sampling and analysis plans
• Water quality and erosion control design
• Aquatic resources delineations
• Biological/botanical/archaeological/historical
studies
• Mitigation monitoring and reporting program
• Regulatory compliance and permitting
• Storm drainage design
• Native American consultation
• Community outreach/education
• Stakeholder facilitation
• GIS and database management
• Air quality and noise studies and reports
• Stormwater Pollution Prevention Plans
• Stormwater management and MS4
permitting
• Engineering services during construction
• Riparian/stream/geomorphic assessments
• Hydrology and hydraulic analysis
• Hazardous materials/waste testing and
management, regulatory liaison, site
characterization, remedial alternatives
evaluation and design, construction
oversight, and operations and maintenance
79 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
18 Permitting
NCE’s multidisciplinary team of resource specialists is skilled at identifying required permits and preparing comprehensive permit applications for client projects. The team has a strong understanding of regulations and maintains established communication with key agencies at the federal, state, and local levels. Early consultations with regulatory agencies help clarify points of contact, address important issues, and define specific application requirements. NCE tracks the outcomes of these consultations, as well as ongoing communications and permit conditions, using its Environmental Tracker. The team has successfully obtained a wide range of permits, including Section 404 and 401 permits, Section 7 consultations, state aquatic resource permits, special use permits, encroachment permits, and various local site improvement permits.

Hydrologic and Hydraulic Analysis
NCE’s hydrologists and hydraulic engineers are skilled in the latest methodologies and modeling software, supporting clients with water modeling, drainage planning, watershed evaluations, and restoration design. Their technical staff integrates hydrologic and hydraulic analyses to identify conditions and impacts, ensuring practical solutions for flood, drainage, and watershed projects. NCE has extensive experience in hydrologic, hydraulic, and sediment transport modeling for storm drain and flood control systems, as well as infrastructure like roadways, bridges, and culverts.

The team is proficient with a wide range of modeling tools and excels at developing cost-effective solutions, including the preparation of stormwater and storm drain master plans.

Construction Monitoring
The NCE team regularly delivers cultural resources and biological monitoring services during the construction phase of our client’s projects. Our cultural resources staff meet the Secretary of the Interior Professional Qualification Standards for Archaeology and are Registered Professional Archaeologists. Our biological staff includes qualified biologists, biological monitors, and 10(a) permitted staff. Our team has delivered services including environmental and cultural resources awareness training, pre-construction surveys for a variety of species, protocol-level surveys, and focused habitat surveys. We have experience working with regulatory and permitting agencies during project construction if cultural resources or special status species are identified within the project area.

Caltrans Permitting and E-76 Documentation
NCE has a depth of experience in complying and completing required documents with the LAPM on over 20 federally funded projects (E-76 documents), including recent projects that including recently completed rehabilitation and complete street projects in San Pablo, South San Francisco, Alameda, Pittsburg, Pacifica, and Richmond. We are currently working with Caltrans District 4 Local Assistance to obtain authorization to proceed on federally funded projects. We have also completed many PES documents and have secured Caltrans approvals. We have completed the E-76 process as the civil engineering and design consultant and as the environmental consultant. Additionally, 80 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
19 NCE has extensive experience with encroachment permits for improvements within Caltrans right-of-way, as well as when projects will require traffic control devices within or have an impact to Caltrans right-ofway. We have recently obtained encroachment permits with Caltrans District 4 for Alameda, South San Francisco, San Leandro, and Sunnyvale for traffic control within Caltrans right-of-way.

Subconsultants
MGE – Oversight, Geotechnical, Caltrans LAPM Assistance MGE, founded in 1990, provides civil, structural, and geotechnical engineering, as well as construction management services to federal, state, and local agencies throughout California. MGE is certified by the California Unified Certification Program as a DBE. MGE is headquartered in Sacramento with offices in Oakland and Los Angeles, California. MGE has a staff of 35 professional, technical, and administrative personnel. MGE has the expertise and resources available to assist NCE in delivering projects funded through FEMA, the California Governor's Office of Emergency Services, FHWA, the Highway Bridge Program, Local Highway Safety Improvement Program, the Congestion Mitigation and Air Quality program, and the Senate Bill 1 Road Maintenance and Rehabilitation Account, grants, settlements, and other sources. MGE has a longstanding successful working relationship with NCE on projects such as the Kennefick Road at Liberty Road FEMA Hazard Mitigation Grant Program grant-funded project (San Joaquin County), the Road Maintenance and Rehabilitation Mitigation-Funded Road Repair project (Tuolumne County), the Foresta Road Bridges Project, and the Town of Mariposa Complete Streets Rehabilitation project (Mariposa County), FEMA–funded Phase I and II slide repair projects (Sierra County), the Stewart's Point Skaggs Road Slide Project (Sonoma County), and the Santa Cruz County FEMA and FHWA storm damage emergency response projects. MGE has collaborated with NCE in both prime and subconsultant capacities, successfully delivering over $1 million in design and environmental services.

Contact: Martin McIlroy, PE, PG, CEG | 7415 Greenhaven Drive, Suite 100, Sacramento, CA 95831 p: (916) 421-1000 | e: [email protected] | w: mgeeng.com MPS – Topographic Surveying
MPS specializes in design-level topographic surveying and right-of-way mapping for many types of civil improvement projects, including streets, parks, urban trails, and site surveys. These projects, performed for numerous public agencies throughout the Bay Area (including Moraga), demonstrate the experience and capacity that will be applied directly to the work contemplated by the City. Established in 1992, with 6 professionals, MPS offers its clients state-of-the-art field equipment and office facilities. To this end, they have fully automated our work processes to provide seamless integration from initial fieldwork through final product delivery. NCE has partnered with MPS on more than 130 projects over the past 16 years.

Contact: Steven Rohlfs, PLS, Project Manager | 1735 Enterprise Drive, Suite 109, Fairfield, CA 94533 p: (707) 425-6234 | e: [email protected] | w: mtpacsur.com

5.2 Key Personnel Resumes
Resumes for key personnel are provided in Appendix A.
81 Principal
Principal -
Project
Manager
Senior Project CADD Technician Clerical
Task 3.1 Project Management 12 42 12 40 8 15 129

3.1.1 Meetings, Consultations, and Project Management 12 42 12 40 8 15 129 Task 3.2 Preliminary Engineering 22 21 108 54 12 3 214

3.2.1 Data Collection/Review and Field Reconnaissance 10 828 8 543.2.2 Topographic Survey 24 63.2.3 Preliminary H&H Analysis 4 164 10 2 813.2.4 Preliminary Engineering Concept and Costing 8 8 16 32 8 1 733.2.5 Geotechnical Investigation 42 Task 3.3 3.3.1 Environmental Documentation 39 108 16 284 16 463

3.3.1.1 Notice of Exemption 2 46

3.3.1.2 PES/Categorical Exclusion 10 14 40 4 68

3.3.1.3 Natural Environmental Study 4 16 4 40 2 663.3.1.4 Section 106 Cultural Report 1 10 40 2 53

3.3.1.5 Aquatic Resources Delineation 4 20 6 40 2 72

3.3.2 Regulatory Agency Coordination

3.3.2.1 CVRWQCB Section 401 Water Quality Certification 6 16 2 36 2 62

3.3.2.2 CDFW 1600 Application 6 16 2 44 2 70

3.3.2.3 USACE Section 404 Nationwide Permit Application 6 16 2 40 2 66 Task 3.4 Right of Way and Utility Coordination 220 24 28 276

3.4.1 Right of Way Determination 443.4.2 Plats and Legal Descriptions 03.4.3 Right of Way Summary Report 420 243.4.4 Right of Way Certification 2 824 34

3.4.5 Utility Coordination 48 2 14
Task 3.5 Plans, Specifications & Estimate 32 46 64 140 142 10 388

3.5.1 Plan-set (30% Plans) 4 8 4 18 30 2 663.5.2 Plan-set (60% Plans) 8 16 4 32 48 2 1103.5.3 Plan-set (90% Plans) 8 12 2 24 40 2 883.5.4 100% Plans, Specification and Estimate 4 4 2 16 24 2 523.5.5 Final Hydraulic Design and Reporting 6 252 10 2 723.5.6 E-76 for Construction 2 440 Task 3.6 Bidding Support 2 8 16 26

3.6.1 Bidding Support Services 2 816 26
Task 3.7 Construction Support 420 32 56

3.7.1 Construction Support Services 4 20 32 56
Task 3.8 QA/QC 28 10

3.8.1 QA/QC for PS&E and FHWA/Caltrans compliance 2 810 Total 115 165 292 322 474 46 1,362
Town of Moraga Canyon Road Culvert Replacement Project NCE Totals

6. Task Summary and Level of Effort 20
82 7. Schedule 21
Ongoing throughout
Project
2-4 months
1-2 months
Tasks 3.1 through 3.8
10-12 months
Ongoing throughout
Project
2-4 months for 100%
Plans
4 months-assumes
30 day advertisement
and 90 days for
construction
It should be noted that the schedule shown above is preliminary and the Tasks listed are not sequential - with many occurring simultaneously. Typically, environmental and permitting timelines control and dictate the schedule, which is subject to Regulatory Agency processing and interest group challenges. NCE estimates the environmental process to require 10 to 12 months and the final PS&E package and approved regulatory agency permits to require 2 to 4 months once the repair method has been approved, for a total of 12 to 16 months to complete the environmental and design process. NCE is aware the Town intends to construct the project in the Summer of 2027, and we are confident our proposed project approach can accomplish that timeframe.

DELIVERABLES
Notice to Proceed and Project Kickoff

PROJECT TASKS
Project Management
Kickoff Meeting
Monthly Progress Meetings
Managing Project Schedule
Overall Project Coordination
Preliminary Engineering
Compile Technical Information Update Survey
Hydrology & Hydraulic Analysis
Geotechnical Investigation
Environmental Documentation
Notice of Exemption and PES Form
Technical Studies
Regulatory Agency Coordination
Aquatic Resources Delineation
Cultural Resources Assessment
Regulatory Agency Permit Applications
Right of Way and Utility Coordination
Field and Office work to determine existing R/W
Contact Utilities with Notification Letters
PS&E
Concept Plan (30% Design) 60% Plans
90% Plans
100% Plans, Specifications and Estimate E-76
Request for Authorization
Bidding and Construction Support
Bidding Support
Construction Support
QA/QC
Project Work Plan
Monthly Progress Reports
Topographic Survey Mapping and Design Base Map
Draft Hydrology Report
Preliminary Technical Memorandum
Biological Resources Assessment
Aquatic Resources Delineation Report
Cultural Resources Report
Technical Reports
CVRWQCB 401 Application
CDFW Section 1600 Streambed Alteration Application
USACE Section 404 Nationwide Permit Application
Right of Way Mapping
Documentation for Right of Way Certification
Utility Coordination Summary
Concept Plan (30% Design) 60% Plans
90% Plans
100% Plans, Specifications and Estimate
E-76 Request for Authorization Package
Attend Pre-bid meeting
Prepare Bid addenda as necessary Attend Pre-Construction Meeting Assist with review of Submittals/RFI’s
Provide recommendation for construction changes as needed Assist with review of Contract Change Orders
QA/QC Log and resolution checklist
Final Conformed PS&E Set
Ongoing throughout
Project
83 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
22 8. Cost Proposal (submitted in a separate sealed envelope) NCE has submitted the cost proposal in a separate sealed envelope per the RFP requirements.

9. Required Statements

9.1 Non-Collusion Statement
The Consultant declares, by signing and submitting a proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Consultant has not directly or indirectly induced or solicited any other Consultant to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Consultant or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the Consultant has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the Consultant or any other Consultant, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other Consultant, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the Consultant has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

J. Ryan Shafer, PE, GE
Principal and CA Infrastructure Lead

9.2 Title VI acknowledgment
NCE acknowledges and will comply with Title VI of the Civil Rights Act of 1964 and associated laws, ensuring nondiscrimination based on race, color, national origin, sex, age, or disability for all project participants and subconsultants. NCE understands these certifications are vital for RFP compliance, aligning with regulatory standards for federally and state-funded projects. 84 1003 West Cutting Blvd., Suite 110
Pt. Richmond, CA 94804
(510) 215-3620
November 13, 2025
Shawn Knapp, PE, CFM, QSP/QSD, Director of Public Works/Town Engineer Town of Moraga
Public Works Department/Engineering Division
329 Rheem Boulevard, 2nd Floor
Moraga, CA 94556
RE: Certification of Insurance Requirements for Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
Dear Mr. Knapp and Members of the Selection Committee:

We, Nichols Consulting Engineers, CHTD, have thoroughly reviewed the referenced RFP along with all associated documentation. We understand the contract form, conflicts of interest provisions, and insurance requirements.

Sincerely,
NCE
J. Ryan Shafer, PE, GE
Principal and CA Infrastructure Lead

9.3 Certification of Insurance Requirements 23
85 3636 Nobel Drive, Suite 410 ▪ San Diego, CA 92122
(858) 336-3406 Mobile ▪ (619) 574-6220 Office ▪ (619) 574-6288 Fax CA Offices Also Located in Aliso Viejo, Pleasanton, Sacramento & Santa Barbara Other Offices Nationwide ▪ www.ioausa.com ▪ CA License# 0E67768 November 11, 2025
Shawn Knapp, Public Works Director/Town Engineer
Town of Moraga Public Works Department
329 Rheem Boulevard
Moraga, CA 94556
Project: Town of Moraga Road Canyon Proposal
Re: Nichols Consulting Group
To Whom It May Concern:

This is to confirm that Nichols Consulting Group will have the ability to meet all insurance limit requirements at the time of the contract award.

Please let me know if you need anything further.

Respectfully,
T. Kelly Howell, CIC
IOA Insurance Services
24 86
Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
25 9.4 Requested Contract Modifications
NCE respectfully submits the following requested changes to the Town’s contract.

ARTICLE I. INTRODUCTION
A. This contract is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, TOWN:

The name of the “CONSULTANT” is as follows: __________________________ Incorporated in the State of California Nevada
C. To the fullest extent permitted by law (including, without limitation, California Civil Code §§2782 and 2872.8), CONSULTANT agrees to indemnify, defend (except for professional liability claims), and hold harmless TOWN, its officers, agents, and employees from any and all pure economic claims, demands, costs, or liability arising out of, pertaining to, or relating to the services provided hereunder due to the extent caused by the grossly negligent acts, errors, or omissions of CONSULTANT during performance of these services. CONSULTANT will reimburse TOWN for any apportioned expenditure, including reasonable attorney fees and expert consultant costs, incurred by TOWN in defending against claims ultimately determined to be due to grossly negligent acts, errors, or omissions of CONSULTANT, provided, however, that in no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT’S proportionate percentage of fault. In the event that CONSULTANT executes any subconsulting agreementsin connection with the services performed under this contract, CONSULTANT shall place in all such subconsulting agreements, and require its subconsultants to be bound to, CONSULTANT’s indemnity and insurance obligations under this contract, in the form and substance of those contained in this contract.

Add to contract: CONSULTANT shall not be liable for any claims of loss of profits or any other indirect, special, incidental or consequential damages of any nature whatsoever.

G. CONSULTANT represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this contract in a thorough, competent and professional manner. CONSULTANT shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this contract, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing services similar to those required of CONSULTANT under this contract. CONSULTANT shall perform its Services consistent with and limited to that level of care and skill ordinarily exercised by members of the engineering and consulting profession practicing under similar conditions, and at the same time and locality where the Services are performed.

Dispute Resolution. Disputes are handled internally by them. TOWN and CONSULTANT agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, effective as of the date of this agreement.
87 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A
Appendix A
Resumes of Key Personnel
88 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-1
J. Ryan Shafer, PG, PE
Principal-in-Charge
Ryan is an experienced Principal and Project Manager who is highly skilled in managing interdisciplinary teams of engineers, scientists, and planners for complex projects requiring civil engineering, geotechnical engineering, pavement engineering, structural engineering, transportation and traffic engineering, hydrology and hydraulics, coastal engineering, regulatory permits, technical studies and resource assessments, and environmental documents. In addition, he has managed and provided civil and geotechnical engineering on a wide range of public and private projects, including vertical development, municipal roads, trails, drainage infrastructure, landfills, public transit, recreation areas and parks, industrial facilities, including refineries, and waterfront structures, giving him an understanding of how to work with diverse project types. His clients provide feedback that NCE is an effective partner and steward, understanding what is important to each community. Additionally, having worked for many municipal clients throughout California, Ryan adds value by helping cities and counties manage and maintain their streets, roads, bicycle and pedestrian facilities, and recreation parks and trails. He applies his expertise in geotechnical and pavement engineering to infrastructure projects and paving programs from the early stages of condition surveys to providing support during construction. Ryan has worked in the Town of Moraga, providing a variety of pavement-related services for its Civil Design and Measure K Paving Program.

Representative Projects
Via Verdi Slope Stabilization Project
City of Richmond, CA
Project Manager. NCE responded to a significant landslide at Via Verdi and was retained by the City to provide emergency response, civil engineering, pavement engineering, hydrology and hydraulics, environmental permitting, evaluation of cultural and biological resources, and environmental documents (California Environmental Quality Act and National Environmental Policy Act). The landslide had immediate and potentially serious impacts on public access, utilities, street infrastructure, and the conveyance of creek waters and upstream dam releases. NCE expedited plan delivery to allow for the design and construction of an emergency access road to safely provide access for the local community and provide a bypass area for utilities.

The strong partnering and collaboration with the City on this project Education
MS, Geotechnical
Engineering, University of
California, Berkeley, 1998
BS, Geological Engineering,
Colorado School of Mines,
1996
Registrations
Professional Engineer –
Civil, CA #62349
Professional Engineer –
Geotechnical, CA #2713
Affiliations
American Society of Civil
Engineers
American Public Works
Association
Years with NCE
20 Years of Experience
27 89
Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-2
resulted in expedited delivery and turnaround on
design documents, allowing for the construction of
necessary repairs and temporary measures to
minimize impacts to the local community. NCE has
maintained a quickened pace on Via Verdi and
completed alternatives analysis, permitting, and is
nearing completion of construction and
environmental documents. To stabilize the
landslide, the project will construct a 350-linearfoot concrete box culvert within San Pablo Creek below the landslide area. The culvert will be quite
large, 17.5 feet high and 24 feet wide, to convey
San Pablo Creek and release waters from the
upstream San Pablo Dam Reservoir. Once the
concrete structure is constructed, approximately
18,000 to 20,000 cubic yards of engineered fill
(rock/soil) would be placed around and over the
culvert to buttress the landslide. When the culvert
is in place, 650 feet of affected roadway and
utilities will be reconstructed. Creek slopes,
including areas above the culvert, will be
revegetated, and steeper slopes will receive
bioengineered slope protection that may include
brush mattress, rip rap, and pole plantings
Grand Street OBAG 2 Rehabilitation
City of Alameda, CA
Project Manager. NCE has partnered with the City
of Alameda to deliver pavement and civil design,
as well as Caltrans E-76 documents, for the Grand
Street Rehabilitation Project. Grand Street, from
Encinal Avenue to Shoreline Drive, is a key
collector street connecting neighborhoods,
schools, recreational areas, and shopping centers.

The project expanded into a comprehensive
complete streets initiative, featuring parkingprotected separated bike lanes, two-way cycle tracks, ADA-compliant curb ramps, new lighted
pedestrian crossings, drainage improvements,
transit islands, and curb and gutter repairs. NCE
collaborated closely with City staff to present
safety improvements to the community, the
Transportation Commission, and City Council. As
part of outreach, NCE created renderings and roll
plot graphics to help City staff communicate
project details to the public. The two-way cycle
track was specifically designed to provide a safe
route to schools while accommodating traffic,
transit, parking, and pedestrian needs.

Pavement Rehabilitation 2025 SB1
City of Sunnyvale, CA
Principal. NCE provided pavement and civil
engineering design for the rehabilitation of various
residential, collector, and arterial street sections
within the City for the 2016 and 2019 Street
Rehabilitation Projects, and the City recently
retained NCE for the 2025 contract. The projects
include utility and outside agency coordination,
pavement and curb/gutter condition survey,
pavement coring, pavement design
recommendations, traffic engineering for traffic
signal modification, plans, specifications,
estimates, bidding, and construction support
services, and Caltrans encroachment permitting.

Typical design considerations included ADAcompliant curb ramps, striping and markers, spot milling and base repairs, milling, wedge grinds,
crack sealing, existing utilities, and traffic loops.
90 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-3
Scott De Leon, PE
Project Manager/Engineer of Record
Scott has 36 years of experience specializing in transportation, civil, and structural engineering, with a strong focus on public sector infrastructure and natural disaster recovery. He served as the Public Works and Water Resources Director for Lake County, California, from 2010 to 2024, where he also acted as the County’s Floodplain Manager and Operations Section Chief during nine declared emergencies. In these roles, Scott coordinated emergency response, flood-fight operations, and recovery efforts following major disasters such as wildfires and floods, including leading recovery after the 2015 Valley Fire by streamlining permitting and supporting the rebuilding of critical infrastructure.

Throughout his career, Scott has led technical and administrative teams for disaster response, managed project scope, cost, and schedule changes, and overseen flood zone operations and stormwater pollution prevention. He has coordinated with multiple agencies and the public during disaster events, provided structural design for replacing damaged infrastructure, and served as the primary point of contact for counties during emergency projects. Additionally, Scott’s expertise includes reviewing and preparing plans and specifications for public works, project inspection, contract administration, and technical report preparation. His leadership has been vital in restoring infrastructure and building community resilience in the aftermath of natural disasters.

Representative Projects
5-Mile Basin Emergency Flood Control Project
Butte County, CA
Project Manager. The 5-Mile Basin is a critical flood control facility protecting the City of Chico. It was designed in the 1960s and maintained through 2001, when a cease-and-desist order was issued by the CDFW related to concerns for impacts to endangered salmonids.

The 2024 Park Fire intensively burned much of the upper watershed, and the winter of 2024/5 saw two of the largest storms on record. One of these storms peaked at only 10,500 cubic feet per second (cfs) and came dangerously close to overtopping the facility, even as the facility was designed to contain over 20,000 cfs. This event triggered widespread public and political pressure to lower the risk. Following recommendations by State agencies to address the risk, Butte County engaged NCE to address the flood risk in the basin. The original vision involved removing up to 70,000 cubic yards of accumulated sediment at a cost of roughly $2.5-4 million. However, NCE’s detailed analysis Education
BS, Civil Engineering,
California State University,
Chico, 1987
Registrations
Professional Engineer –
Civil, CA #46574
Professional Engineer –
Civil, NV #033545
Affiliations
County Engineer’s
Association of California,
Life Member
American Society of Civil
Engineers
Years with NCE
1 Years of Experience
36 91
Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-4
demonstrated that such removals would have
minimal benefits and identified other hydraulic
and geomorphic factors responsible for the
observed flood risk. NCE’s alternative approach
saved the County millions while reducing the flood
risk by over 60% relative to existing conditions.

NCE’s plan deployed “surgical” treatments that
lowered the threshold for permitting approvals
while delivering solid flood risk reduction.

Various Programs
Lake County Department of Public Works, CA
Director. Scott was responsible for the operation
of the various programs supported by the
Department of Public Works for Lake County. His
significant programs and scope of responsibility
included oversight and direction of the
Department of Public Works Administration, Road
Maintenance Division, Engineering and Inspection,
Internal Service Funds for Fleet Services and Heavy
Equipment Maintenance, and Lampson General
Aviation Airport. Scott was responsible for the
development of the annual department budget.

Planning Division and Building/Inspection
Division Projects
Lake County Community Development
Department, City of Lakeport, CA
Interim Director. Scott was appointed twice as the
Interim Director of the Community Development
Department following the unexpected
resignations of the Directors. He maintained the
Planning Division and Building and Inspection
Division functions and provided direction for the
recovery efforts following the 2015 Valley Fire. His
efforts included streamlining the permitting
process through temporary Board of Supervisors
resolutions that addressed various building and
planning code issues.

Program Development
Lake County Department of Water Resources, CA
Director. Scott was responsible for the
development of the Department of Water
Resources for Lake County. Significant programs
and the scope of responsibility included the
development and oversight of the Aquatic Invasive
Species Prevention Program, water quality
monitoring and improvement, multiple flood zone
operations, groundwater monitoring, stormwater
pollution, the National Flood Insurance Program,
and flood-fight operations. Scott was responsible
for the development of the annual Department
Budget.

Lakeridge Sanitation
Butte County, CA
Senior Engineer. Scott is working with County staff
to develop design wastewater flows and is
coordinating aerial mapping and geotechnical
investigations that will be used in the design of the
project. NCE is assisting the County with planning,
permitting, and designing a new wastewater
system for the Upper Ridge Community Plan in
Magalia, CA, which includes the Magalia Center for
commercial and residential development. NCE’s
scope includes system sizing, preparing and
submitting permitting documents to the RWQCB,
designing the STEP system, distribution lines, and
leach field, providing operation and maintenance
cost estimates to help establish a Community
Service Area, and supporting CEQA reviews and
submittals. The system is expected to discharge
between 10,000 and 100,000 gallons per day,
requiring permitting under State Water Resources
Control Board Order WQ 2014-0153-DWQ, with
the Central Valley RWQCB as the permitting
agency.
92 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-5
Chris Mundhenk
Environmental Lead
As NCE’s Environmental Practice Lead for California, Chris is proficient in the performance of technical environmental analysis, regulatory permitting, and management of CEQA and NEPA compliance projects.

Over the past 25 years, he has led air quality, greenhouse gas, and noise modeling efforts, in addition to multiple biological analyses (including protocol- and reconnaissance-level survey efforts) for both linear and development projects. Chris has managed a diverse array of projects, ranging from programmatic/large-scale projects like campus plans and larger specific plans to smaller development/infrastructure projects for both public and private clients.

Representative Projects
Effluent Spray Field Enhancement Measures at Mule Creek State Prison
California Department of Corrections and Rehabilitation, CA Project Manager. Chris managed the preparation of an Environmental Impact Report (EIR) and EIR addendum, as well as assisting the California Department of Corrections and Rehabilitation with permit acquisition and implementation and monitoring of the mitigation commitments and permit conditions related to the spray fields. The California Department of Corrections and Rehabilitation proposed the addition of approximately 60 acres of spray fields to the wastewater treatment and disposal system at Mule Creek State Prison in Ione in Amador County. The effluent that would be sprayed onto the project site would be disinfected secondary effluent and would meet RWQCB requirements for spray field operations. Chris assisted the California Department of Corrections and Rehabilitation with implementing several measures related to on-site monitoring and other measures to prevent/minimize potential impacts to biological and cultural resources that may occur in the area, as well as regulatory permitting (including management of existing drainages in the area to prevent cross-contamination with treated effluent). Key issues included water quality, biological resources, cultural resources, and tribal cultural resources.

Slack and Grand Faculty Staff Housing EIR Addendum and Permitting Cal Poly San Luis Obispo, CA
Principal/Project Manager. Chris served as Project Manager and principal-in-charge for the preparation of an EIR addendum to the Cal Poly San Luis Obispo campus master plan EIR and associated permitting. Cal Poly sought to provide additional faculty/staff housing Education
BA, Biology and Public
Policy Analysis, Pomona
College, 1999
Years with NCE
<1
Years of Experience
27 93
Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-6
within its campus. Originally envisioned as more
than 400 condominium units in the campus master
plan, Cal Poly modified the development to include
34 townhouses and recreational improvements.

The proposed development also required
permitting under the Clean Water Act (Sections
404 and 401) and the CDFW. Due to potential
concerns associated with the California red-legged
frog, Chris also assisted in permit negotiations and
consultation with the USFWS, focused on whether
the project site provided suitable habitat for the
special status species.

Lower American River Flow Management
Standard (FMS) Update: Technical Assistance
and Environmental Analysis
Water Forum
Project Manager. In 2013, Chris began preparation
of a supplemental EIR that would tier off the
program EIR prepared in 2000 for the Water
Forum Agreement, which included several water
purveyors and wholesalers in the Sacramento
Valley. The modified flow management standard
(FMS) is intended to improve conditions for
fisheries, especially steelhead trout and Chinook
salmon, during the summer and fall along the
lower American River. However, due to drought
conditions, the initial EIR effort was halted. Chris
assisted the Water Forum in providing
supplemental documentation and analysis of the
modified FMS to the State Water Resources
Control Board for its consideration as part of the
Bay Delta Program updates to the Sacramento
Water Quality Plan. Key issues included water
supply, flooding, water-related recreation, and
fisheries.

Suisun Force Main Reliability Project EIR
Fairfield-Suisun Sewer District, CA
Principal. Chris oversaw preparation of an Initial
Study/MND for the proposed project; the Initial
Study/MND also addressed CEQA-Plus
requirements. In addition, Chris assisted in the
preparation of federal and state permitting
packages, including Section 401, Section 404, and
Notification of Lake or Streambed Alteration. The
Fairfield-Suisun Sewer District (FSSD) is proposing
to construct two new parallel force mains to
operate instead of the existing Suisun Force Main
to ensure service reliability. The project would also
include the installation of appurtenant
infrastructure necessary for the operation and
maintenance of the force mains and green
stormwater improvements. FSSD is pursuing State
Revolving Fund financing in support of this effort.

West Sacramento Water System and Sanitary
Sewer Master Plan Updates, CEQA Analysis
City of West Sacramento, CA
Senior Technical Specialist. Chris prepared a
technical memorandum to evaluate the potential
environmental impacts associated with the
implementation of the proposed Water System
and Sanitary Sewer Master Plan updates and to
assess whether the potential impacts were within
the scope of analysis of the certified West
Sacramento General Plan 2035 EIR. Based on the
analysis, the proposed Water System and Sanitary
Sewer Master Plans were determined within the
scope of the EIR.
94 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
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Katelyn Williams, EIT
Civil Lead
Katelyn is experienced in the preparation of design drawings, project specifications, and cost estimates for trail, roadway, and park design projects. She has experience with field data collection, design in AutoCAD, permitting support, and government agency coordination.

She has worked closely on funding applications, permitting, and design for FEMA-funded projects in response to declared disasters, and on Stormwater Pollution Prevention Plan writing, grant writing, and report writing for environmental remediation projects.

Representative Projects
Via Verdi Slope Stabilization Project
City of Richmond, CA
Staff Engineer. Katelyn aided in the creation and editing of a Stormwater Pollution Prevention Plan that has been implemented for the Via Verdi project. A major culvert collapse at Via Verdi led the City to declare a local state of emergency. NCE responded within 12 hours, providing emergency design, utility coordination, regulatory notifications, and implementing an access bridge and erosion control to restore site access. After the immediate response, NCE focused on designing and permitting an interim solution to ensure public safety and restore San Pablo Creek flows. In under a week, NCE produced a full design and bid-ready documents for a new asphalt road, pedestrian pathway, ADA ramps, street lighting, fencing, and a staging area. Within 30 days, the team completed a forensic analysis, design, CEQA documentation, and permitting for the interim creek flow solution, including channel shoring, a temporary headwall, bank stabilization, and utility rerouting. Emergency permitting required rapid coordination with multiple agencies, including the USACE, Water Quality Control Board, CDFW, USFWS, and the City of Richmond. NCE’s expedited permitting enabled repairs to proceed within the construction season. The forensic analysis revealed the need for full culvert replacement, prompting NCE to collaborate with stakeholders and agencies on a permanent solution. In just 12 months, NCE completed all civil, structural, traffic, restoration, and hydraulic designs, environmental documents, and secured all necessary permits, including a Section 404 Individual Permit. NCE supported construction with engineering reviews, inspections, and compliance tracking, acting as the main contact for regulatory agencies. The project’s greatest challenge was the aggressive schedule in a sensitive habitat, which NCE Education
BSE, Civil & Environmental
Engineering, Princeton
University, 2015
Registration
Engineer-in-Training
#159521
Affiliations
American Society of Civil
Engineers
Years with NCE
9 Years of Experience
9 95
Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-8
overcame through organized design, proactive
compliance, and effective communication,
resulting in on-time completion with no
shutdowns or permit violations.

FEMA Hazard Mitigation Grant
Program/Kennefick Road Flood Control Project
San Joaquin County, CA
Staff Engineer. Katelyn aided every step of the
way, beginning with the robust application for
FEMA funding, coordination with NCE team
members on permitting and hydrology and
hydraulics for parameters to design the culvert
system, providing information for the permitting
team, and creating the design plans and
specifications. This section of Kennefick Road in
rural San Joaquin County was heavily damaged by
flooding in 2017. NCE completed planning, design,
and environmental compliance for the project
with funding provided by FEMA. The design
included a permanent road and culvert repair with
an updated hydrological design to prevent any
future road damage from flooding. The culvert
repair consisted of three reinforced concrete box
culverts installed at the reconstructed roadway,
including six modular sections, a cutoff wall,
headwalls at both ends, and four wingwalls. The
culverts were placed at the streambed depth of
the water course with minimal impact to the water
surface elevation level at the design storm event.

In support of environmental compliance, NCE
conducted biological and archeological field
studies, developed technical studies, and
coordinated communication with regulatory
agencies, including the USACE, CDFW, and the
Central Valley Regional Water Quality Control
Board. Permit applications were prepared and
submitted for Section 404 of the Clean Water Act,
401 Water Quality Certification, and Section 1600
Streambed Alteration Agreement. The permit
closeout occurred after construction.

Iron Horse Nature Park and Open Space
City of Dublin, CA
Project Engineer. Katelyn aided in the design of
the trail alignment, section details, wayside areas,
grading, crossings over channelized waterways,
frontage road improvements, and connections to
existing trails and local parks, and assisted the
hazard mitigation team with the removal plans,
coordinated with regulatory agencies, and
coordinated with various agencies and companies
including the owners of critical utilities (Kinder
Morgan), Alameda County, and the East Bay
Regional Park District. NCE’s multi-disciplinary
team of landscape architects, civil engineers,
hydrologists, biologists, and environmental
scientists led the design, permitting, and
construction process for the conversion of an
abandoned and contaminated railroad right-ofway into an innovative and transformative 1.5- mile linear nature park (currently under
construction). Located adjacent to an existing
channelized creek and delineated wetlands, key
features include a multi-modal trail, waysides, and
interpretative features with educational
information about the natural and cultural history
of the site, shaded seating areas, native
restoration plantings, stormwater infrastructure
including culverts and an aluminum arch bridge,
removal and remediation of all contaminated soils
and pedestrian connections to an adjacent park,
with additional connections to schools, existing
trails, and neighborhoods intended in future
phases.
96 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-9
Emily Pullman
Permitting Lead
Emily is experienced in environmental permitting, permit management, biological surveys, biological monitoring, habitat restoration, and project management. She assists clients from the project design and feasibility phase through permitting and construction, and into post-construction. Her expertise includes biological assessments, project permitting, wetland and aquatic resource delineations, wetland mitigation, aquatic and terrestrial ecological surveys, endangered species surveys, environmental oversight/monitoring of construction projects, and state and federal Endangered Species Act consultations. Emily has provided services to both the private and public sectors. She has managed and prepared innumerable environmental documents required to satisfy local, state, and federal agencies. Emily has also successfully negotiated, secured, and managed project permits from a variety of agencies, including the USACE, USFWS, National Oceanic and Atmospheric Administration Fisheries, CDFW, and California Regional Water Quality Control Boards.

Representative Projects
Via Verdi Slope Stabilization Project
City of Richmond, CA
Permit Compliance Manager. Emily coordinated a team of biologists in the post-construction permit compliance effort, including annual monitoring and compliance documentation submittals. A major culvert collapse at Via Verdi led the City to declare a local state of emergency.

NCE responded within 12 hours, providing emergency design, utility coordination, regulatory notifications, and implementing an access bridge and erosion control to restore site access. After the immediate response, NCE focused on designing and permitting an interim solution to ensure public safety and restore San Pablo Creek flows. In under a week, NCE produced full design and bid-ready documents for a new asphalt road, pedestrian pathway, ADA ramps, street lighting, fencing, and a staging area. Within 30 days, the team completed a forensic analysis, design, CEQA documentation, and permitting for the interim creek flow solution, including channel shoring, a temporary headwall, bank stabilization, and utility rerouting. Emergency permitting required rapid coordination with multiple agencies, including the USACE, Water Quality Control Board, CDFW, USFWS, and the City of Richmond. NCE’s expedited permitting enabled repairs to proceed within the construction season. The forensic analysis revealed the need for full culvert replacement, prompting NCE to collaborate with
Education
BS, Marine Biology,
University of California,
Santa Cruz, 2012
Years with NCE
<1
Years of Experience
13 97
Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-10
stakeholders and agencies on a permanent
solution. In just 12 months, NCE completed all civil,
structural, traffic, restoration, and hydraulic
designs, environmental documents, and secured
all necessary permits, including a Section 404
Individual Permit. NCE supported construction
with engineering reviews, inspections, and
compliance tracking, acting as the main contact for
regulatory agencies. The project’s greatest
challenge was the aggressive schedule in a
sensitive habitat, which NCE overcame through
organized design, proactive compliance, and
effective communication, resulting in on-time
completion with no shutdowns or permit
violations.
5-Mile Basin Emergency Flood Control Project
Butte County, CA
Permitting Manager. Emily managed biological
technical studies and permitting efforts to obtain
permits and maintain permit compliance on an
expedited and emergency basis. The 5-Mile Basin
is a critical flood control facility protecting the City of Chico. It was designed in the 1960s and
maintained through 2001, when a cease-anddesist order was issued by the CDFW related to concerns for impacts to endangered salmonids.

The 2024 Park Fire intensively burned much of the
upper watershed, and the winter of 2024/5 saw
two of the largest storms on record. One of these
storms peaked at only 10,500 cfs and came
dangerously close to overtopping the facility, even
as the facility was designed to contain over 20,000
cfs. This event triggered widespread public and
political pressure to lower the risk. Following
recommendations by State agencies to address
the risk, Butte County engaged NCE to address the
flood risk in the basin. The original vision involved
removing up to 70,000 cubic yards of accumulated
sediment at a cost of roughly $2.5-4 million.

However, NCE’s detailed analysis demonstrated
that such removals would have minimal benefits
and identified other hydraulic and geomorphic
factors responsible for the observed flood risk.

NCE’s alternative approach saved the County
millions while reducing the flood risk by over 60%
relative to existing conditions. NCE’s plan deployed
“surgical” treatments that lowered the threshold
for permitting approvals while delivering solid
flood risk reduction.

Norris Canyon Road Slide Repairs and Safety
Improvements
Contra Costa County, CA
Project Manager. Emily managed a team of
biologists and scientists to complete technical
studies, define potential project impacts, and
prepare regulatory permit applications. The
purpose of this project is to repair approximately
350 linear feet of the eastbound lane to its preproject condition, to widen the shoulders, and to add a guardrail on the creek side of the road.

Biological Resource Studies are required for the
project, as it is federally funded, which requires
environmental technical studies for NEPA
compliance based on the Preliminary
Environmental Study Forms signed by Caltrans,
District 4 Office of Local Assistance. Compliance
consists of the preparation of a Natural
Environment Study – Minimal Impact and
potential preparation of Biological Assessments
and Jurisdictional Delineations. NCE’s approach is
based on our extensive experience working within
roadway corridors in Contra Costa County,
especially along roads that are adjacent to creeks
and other potentially sensitive habitats. The need
for slope protection and repair can extend to the
toes of slopes adjacent to creeks, and typically,
these areas are productive habitats supporting
special status species.
98 Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
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Michael Liquori
Hydrology Lead
Michael has led innovations in complex stream maintenance planning throughout the Bay Area and western United States, including urban, agricultural, and forestry land uses. His integration of watershed-based management principles into urban stream and stormwater operations and maintenance has demonstrated value for municipal agencies seeking more cost-effective outcomes, reduced regulatory burden, and elevated ecological performance. He guided the Alameda County Flood Control District's desilting program along four major bayside creeks using an innovative lateral levee approach with statistical precision based on surveyed vegetation elevations and habitat requirements for critical species found along those channels. His technical strengths include fluvial and terrestrial eco-geomorphology, hydrology, ecosystem restoration, geospatial modeling, ecosystem monitoring and remote sensing, and water quality. He is experienced with aquatic resource permitting and has developed CEQA environmental documents and resource permit applications with federal and state agencies.

Representative Projects
Via Verdi Slope Stabilization Project
City of Richmond, CA
Geomorphic Designer. Michael developed a technical basis for design and supported the engineering team on hydraulics, hydrology, geomorphology, and riparian ecology for Rheem Creek. A major culvert collapse at Via Verdi led the City to declare a local state of emergency.

NCE responded within 12 hours, providing emergency design, utility coordination, regulatory notifications, and implementing an access bridge and erosion control to restore site access. After the immediate response, NCE focused on designing and permitting an interim solution to ensure public safety and restore San Pablo Creek flows. In under a week, NCE produced full design and bid-ready documents for a new asphalt road, pedestrian pathway, ADA ramps, street lighting, fencing, and a staging area. Within 30 days, the team completed a forensic analysis, design, CEQA documentation, and permitting for the interim creek flow solution, including channel shoring, a temporary headwall, bank stabilization, and utility rerouting. Emergency permitting required rapid coordination with multiple agencies, including the USACE, Water Quality Control Board, CDFW, USFWS, and the City of Richmond. NCE’s expedited permitting enabled repairs to proceed within the construction season. The forensic analysis revealed the need Education
MS, Earth Sciences,
Colorado State University,
Fort Collins, 1995
BS, Earth Sciences,
University of California,
Santa Cruz, 1993
Years with NCE
2 Years of Experience
30 99
Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-12
for full culvert replacement, prompting NCE to
collaborate with stakeholders and agencies on a
permanent solution. In just 12 months, NCE
completed all civil, structural, traffic, restoration,
and hydraulic designs, environmental documents,
and secured all necessary permits, including a
Section 404 Individual Permit. NCE supported
construction with engineering reviews,
inspections, and compliance tracking, acting as the
main contact for regulatory agencies. The project’s
greatest challenge was the aggressive schedule in
a sensitive habitat, which NCE overcame through
organized design, proactive compliance, and
effective communication, resulting in on-time
completion with no shutdowns or permit
violations.
5-Mile Basin Emergency Flood Control Project
Butte County, CA
Technical Design Lead. Michael led technical
analysis and design for this emergency project. The
5-Mile Basin is a critical flood control facility
protecting the City of Chico. It was designed in the
1960s and maintained through 2001, when a
cease-and-desist order was issued by the CDFW
related to concerns for impacts to endangered
salmonids. The 2024 Park Fire intensively burned
much of the upper watershed, and the winter of
2024/5 saw two of the largest storms on record.

One of these storms peaked at only 10,500 cfs and
came dangerously close to overtopping the facility,
even as the facility was designed to contain over
20,000 cfs. This event triggered widespread public
and political pressure to lower the risk. Following
recommendations by State agencies to address
the risk, Butte County engaged NCE to address the
flood risk in the basin. The original vision involved
removing up to 70,000 cubic yards of accumulated
sediment at a cost of roughly $2.5-4 million.

However, NCE’s detailed analysis demonstrated
that such removals would have minimal benefits
and identified other hydraulic and geomorphic
factors responsible for the observed flood risk.

NCE’s alternative approach saved the County
millions while reducing the flood risk by over 60%
relative to existing conditions. NCE’s plan deployed
“surgical” treatments that lowered the threshold
for permitting approvals while delivering solid
flood risk reduction.

Desilting Environmental Documents
Alameda County Flood Control & Water
Conservation District, CA
Project Manager. Michael led a project team that
developed Biological Assessments, Mitigation
Monitoring Plans, and Wetland Delineation
documents in support of three desilting projects at
Bockman Canal (Zone 2 Line N), San Leandro Creek
(Zone 12 Line P), and Damon Slough (Zone 12 Line
K).

Hydrologic Data Acquisition
Alameda County Flood Control & Water
Conservation District, CA
Project Director. As part of a long-term monitoring
contract, Michael directed a team that designed,
deployed, and managed 71 remote rain and
streamflow gauging stations throughout the
southern and central counties to support various
engineering and hydraulic analysis projects.

Activities include storm chasing to measure peak
flows during large runoff events, maintenance of
instruments and sensors, and collection/analysis
of hydrologic calibration and validation data.
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Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
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MGE | Martin McIlroy, CEG, PE, PG
Project Manager
Martin has provided geologic, engineering geologic, and geotechnical engineering services in California since 1994. Martin's experience includes Infrastructure projects for private and public agencies. Project delivery methods on Martin's projects include design-build and designbid-build. His work includes identification and recommendations for mitigation of geologic hazards (e.g., liquefaction, landslides, and soft soils), bridge foundations (shallow and deep foundations per Caltrans and UPRR standards), retaining walls (e.g., gravity, cantilever, solider pile, soil nail, and MSE), and earthwork (excavations, embankments, and subgrade). Martin has also completed the design with Caltrans oversight.

Representative Projects
Marshes Flat Road Storm Damage at First Creek and Second Creek Tuolumne County, CA
Project Manager. The project involved emergency repairs at two vented low water crossings on Marshes Flat Road, where the culverts were overwhelmed and subsequently damaged during a storm event in 2018. Responsible for providing a foundation report for replacement culvert and gabion wall foundations and lateral earth pressures for the replacement structures. The gabions were needed to restore the roadway embankments that were damaged downstream from the existing culvert crossings.

Storm Damage Sites (15)
Yuba County, CA
Geotechnical Lead. Responsible for the preparation of geotechnical reports and design for repair alternatives for FEMA-funded landslides and culvert washouts. Martin assisted the County in acquiring a CalRecycle tire-derived aggregate lightweight fill grant in addition to disaster recovery funding. Landslide repair designs included: soldier pile walls, geosynthetically reinforced soil slopes, reconstructed embankments with lightweight tire-derived aggregate, and gabion walls.

FEMA Slide Repair Projects
Napa County, CA
Project Manager. The project involves the repair of storm-damaged roadways along Wall Road and Oakville Grade. The Wall Road sites involve roadway, roadway shoulder, and outboard lane damaged (approximately 75 to 90 feet wide at 534 Wall Road and approximately Education
BS, Geology, University of
California at Davis, 1994
Registrations
Professional Geologist, CA
#7435
Professional Engineer –
Civil, CA #78846
Professional Engineer –
Civil, NV #029203
Certified Engineering
Geologist, CA #2322
Years with MGE
8 Years of Experience
31 101
Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-14
370-feet long, 50-feet wide, and 20-feet deep at 55
Wall Rd. The Oakville Grade Slide is approximately
155 feet measured along the roadway edge, and
the slide downslope is greater than 40 feet.

Responsible for assisting in obtaining permits.

Stewart’s Point Slide Repair
Sonoma County, CA
Project Manager. Stewart’s Point Skaggs Springs
Road suffered significant slides at four locations
during the 2019 February Flood Disaster. These
landslide repairs will be designed and constructed
using FHWA ER funding, and Caltrans will be the
delegated NEPA lead agency and the County the
CEQA lead agency. This road is a critical inland
evacuation route from Stewarts Point that also
serves other nearby coastal towns in case of
emergencies. MGE provides civil, structural, and
geotechnical engineering services, environmental
consultation, utility coordination, surveying and
right-of-way mapping, and post-construction
engineering services to support the bidding and
award phase.

Winter Storm Damage Repair Projects, FEMA
Disasters 4301 and 4308
Sierra County, CA
Project Manager. Provided QA/QC and
geotechnical services for the permanent repair of
9 sites damaged by the 2017 winter storms. Sites
include roadway slipouts, culvert repair, and the
Sierraville Division Dam Repair.

Armstrong Woods Road Landslide, PM 14.99
Sonoma County, CA
Project Manager. Geotechnical investigation of a
140-foot-long landslide along Armstrong Woods
Road leading to a State Park. Slope distress was
found to be related to widespread shallow earth
flows that extended up and down most of the
slope with the roadway landslide comprising a
smaller landslide within the overall landslide mass.

Repair recommendations included drainage
improvements and geosynthetic-reinforced earth
embankment to reopen the roadway and provide
a flexible repair that could accommodate future
movement.

River Road Viaduct
Sonoma County, CA
Principal Engineering Geologist. Project repairs
due to slope failure, including supporting the
outside lane on a viaduct and the inner road area
with vertical “back-walls.” Provided oversight of
construction observation of pile and footing
excavations, and responses to RFIs and
modifications to pile placement
Bear Creek Road PM 5.05
Santa Cruz County, CA
Geotechnical Lead. Performed geotechnical
investigation for the repair of an approximately 50-
foot-long section of roadway resulting from storm
damage events. Services included field exploration
and testing program, review of aerial photos and
geologic mapping, developing cross-sections, and
providing recommendations for a 75-foot-long tieback soldier pile wall, improved drainage, and new pavement sections.
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Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
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MGE | Dmitriy Lukashov, PG, PE
Geotechnical Lead
Dimitry has 10 years of experience in the construction and engineering industry, serving as a Geologist, Geotechnical Engineer, Civil Engineer, and field inspector for transportation and flood infrastructure design, public works. He has conducted various geotechnical studies throughout the West Coast of the United States, oversaw and managed projects during construction, as well as developed plans, specifications, and cost estimates.

Representative Projects
Geotechnical Investigations Pisgah National Forest
USFS Region 8, NC
Task Order Manager. The project encompasses existing road-stream crossings at six sites and one road bridge site. Many of the sites were damaged by Hurricane Helene in 2024 or Tropical Storm Fred in 2021.

Existing damaged road-stream crossings or bridges will be replaced with an improved crossing (or bridge at NFSR 2074) to allow for aquatic organism passage (AOP) and to increase flood resiliency for future disasters/storm events. An analysis of subsurface geotechnical properties will aid in the design of a bridge or AOP structure foundation. Responsible for performing geotechnical investigations for the improvement of existing road-stream crossings at six sites and for one road bridge site.

Storm Damaged Embankment System and Roadway Shoulder Repair at Brandy City Road, FEMA
Sierra County, CA
Civil Engineer. The project involves repair of the embankment system and roadway shoulder at 1 location along County Road 490, Brandy City Road. The existing road was narrowed by approximately 4 feet due to the storm damage. The storm damage area is approximately 40 feet wide (measured along the shoulder) and includes affected areas slightly past the 20-foot-wide undermined pavement area. Responsible for leading civil design and preparation of plans.

River Road Bank Stabilization Project
Sonoma County, Geyserville, CA
Civil Engineer. The project involves bank improvements on a 1,700- foot-long section of River Road along the Russian River that experiences ongoing bank erosion. The selected repair includes a buttressed and stabilized bank slope using natural systems designs (bendway weirs, soil-filled riprap, planting benches, instream woody Education
BS, Geology, University of
California at Davis, 2016
Registrations
Professional Geologist, CA
#9925
Engineer-in-Training, CA
#178408
Years with MGE
1 Years of Experience
10 103
Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-16
material barbs, vegetated reinforced soil slopes,
Rock/Rootwad revetments, turf reinforcement
mats, willow plantings, and wood jams).

Responsible for civil design and preparation of
plans.

Shake Ridge Road Landslide
Amador County, CA
Geologist. The project involved developing a field
exploration plan as well as supervising
explorations and testing on-site for a landslide
along Shake Ridge Road in Amador County, CA.

Field explorations included cone penetration
testing as well as drilled borings. After field work,
Dimitry assigned a laboratory test schedule and
prepared a geotechnical study report for the
project.

Lakeside Heights Subdivision Landslide
Lake County, CA
Geologist. The project involved drilling borings and
installing inclinometers to further monitor the
displacement of the site soils in a residential area.

Additional field explorations included cone
penetration testing. After field work, Dimitry
assigned a laboratory test schedule and prepared
a geotechnical study report summarizing the
conditions at the site.

Starkes Grade Road Landslide Repair
City of Pollock Pines, CA
Geologist. The project involved supervising
explorations and testing on-site for a landslide
along Shake Ridge Road in El Dorado County, CA.

Field explorations included cone penetration
testing as well as drilled borings to determine the
location of the landslide slip plane. After field
work, Dimitry assigned a laboratory test schedule
and prepared a geotechnical report with
recommendations for the project.

Newtown Road Storm Damage Repair
City of Placerville, CA
Geologist. The project involved supervising
explorations and testing on-site for a landslide
along Newtown Road in El Dorado County, CA.

Field explorations included cone penetration
testing as well as drilled borings to determine the
location of the landslide slip plane. After field
work, Dimitry assigned a laboratory test schedule
and prepared a geotechnical report with
recommendations for the project.

Mount Aukum Road Storm Damage Repair
City of Placerville, CA
Geologist. The project involved emergency
response drilling explorations along Mount Aukum
Road in El Dorado County, CA, to provide the
county with recommendations for the emergency
repair operations. After field work, Dimitry
prepared a geotechnical memo for the project.

Fort Jim Road Culvert Replacement
City of Placerville, CA
Geologist. The project involved developing a field
exploration plan as well as supervising
explorations and testing on-site for a storm
damage culvert replacement project in El Dorado
County, CA. Upon completion of field work,
Dimitry developed a laboratory test schedule and
prepared a geotechnical engineering study report.
104
Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-17
MGE | James Patrick, PE
FHWA Subject Matter Lead
James is experienced in projects within the private and public sectors involving hydrology studies, hydraulic calculations and reports, FEMA submittals and flood studies, storm drain system design, and water quality treatment. Domestic and reclaimed water systems, well and distribution systems, lift station and force main design, water collection systems and septic systems, mass grading and earthwork volume calculations, as well as grading for earth dams and basins, disturbed land and environmental reclamation. In addition, he has experience in developing designs for public roads and highways, pavement evaluation and rehabilitation, Class I, II, and III bicycle facilities, and bus and light rail facilities. James has experience managing technicians, subconsultants, clients, budgets, and agency interaction, as well as preparing public and private improvement plans, project specifications for design-build projects, and engineers’ estimates. James also has experience in AutoCAD Civil 3D, Hydraflow, HEC-HMS, HEC-RAS, GDSFlo2D, PCASE, SpecsIntact, and the MS Office suite.

Representative Projects
Stewarts Point Skaggs Springs Road Landslide Repair (4 sites), Sonoma County Department of Public Works
Sonoma County, CA
Civil Designer. The landslides are located at Post Miles (PM) 13.61,

13.97, 19.67, and 21.01. These landslide repairs will be designed and constructed using FHWA ER funding. This road is a critical inland evacuation route from Stewarts Point that also serves other nearby coastal towns in case of emergency. Active logging occurs in the area, and logging trucks use this on-system route. The roadway also provides access to Stewarts Point Rancheria, residential areas, timber resources, ranches, and the Camp Liahona Redwoods retreat, among other things.

PM 13.61 is 150-feet wide and extends 25 feet below the roadway, PM

13.97, the road is damaged along 135-feet of the eastbound lane for the entire lane-width, PM 19.67 involves a landslide that originated 250-feet above the roadway surface, that buried the roadway, and that temporarily dammed the Wheatfield Fork of the Gualala River, and PM

21.01 was a result of a dip-slip landslide plane within the rock mass (approx. 20- to 25-feet deep). Responsible for initial civil assessment of repair limits, drainage, earthwork, road alignment, plan, and profile development.

Education
NEC-AAI, Architecture, 1989
Registrations
Professional Engineer –
Civil, AZ #64896
Professional Engineer –
Civil, WA #24010730
Years with MGE
6 Years of Experience
35 105
Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-18
FEMA Slide Repair Projects
Napa County, CA
Civil Designer. This project involves the repair of
storm-damaged roadways along Oakville Grade
Road. The width of the slide is approximately 155
feet measured along the roadway edge.

Responsible for initial civil assessment of repair
limits, drainage, earthwork, road alignment, plan,
and profile development.

Graeagle-Johnsville Road Rehabilitation
Plumas County, CA
Senior Engineer. The road exhibits mainly block
shrinkage cracking with areas of alligator cracking.

A large amount of alligator cracking is occurring at
the roadway edge. Roadside drainage consists of
roadside drainage ditches or runoff down the
hillside. Alternatives for rehabilitating the
pavements being considered include
recommendations for overlaying with HMA and
Rubberized Hot-Mix Asphalt, milling and
replacement, partial depth recycling, full depth
reclamation (FDR), and reconstruction with Full
Depth Hot-Mix Asphalt (HMA) and HMA over
aggregate base. Responsible for the design and
preparation of plans.

Stonyford-Lodoga Road, Pavement Distress
Evaluation
City of Stonyford, CA
Civil Designer. The project involved engineering
design services for the FDR repair of 11,150 linear
feet of roadway. Improvements included 48
conforms at driveways, ranch/farmland entrances,
and the main entrance to a subdivision. Plans
included necessary details to reconstruct the
pavement section using FDR and asphalt surfacing,
corrections to roadway cross-slopes, and drainage
improvements. Responsible for the design and
preparation of civil plans.

Los Angeles River Bicycle Path Repairs at Ferraro
Athletic Field
City of Los Angeles, CA
Lead Civil Engineer. The project involves the
temporary repair of a distressed portion of the Los
Angeles River Bike Path. The project is located on
the right bank (south bank) of the Los Angeles
River (LAR), from the John Ferraro Athletic Fields
and extending 3,000 feet. The right bank of the LAR
is a Federal Levee that was constructed by USACE
in 1939 as part of the Los Angeles County Drainage
Area project and is identified as the LAR 3 Levee.

Since there is no cooperation agreement with a
local maintenance agency, the USACE Los Angeles
District is responsible for the operation and
maintenance of the levee. During a site visit by the
City of Los Angeles and the USACE, evidence of
abundant ground squirrel infestation and erosion
was observed. The severity of the slope instability
and voids was such that it was determined that
temporary repairs would be needed while the
permanent repair solution was being designed.

The temporary repairs are a combination of the
placement of slurry cement to fill the voids and
sealing of the cracks in the bike path pavement.

MGE’s scope of work for this project was limited to
the preparation of PS&E for the temporary repairs,
including site investigation, identification of
utilities, 75% and 100% design plans,
specifications, and cost estimate (75% and 100%
PS&E). Responsible for civil engineering design and
preparation of plans.
106
Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
A-19
MPS | Steven Rohlfs, PLS
Topographic Surveying Lead
Steven is a lead project manager on many boundary, topographic mapping, construction staking, and similar projects undertaken by our office, performing office research, survey calculations, drafting, easement preparation, boundary resolution, and other similar survey office tasks. He is CAD-trained and highly proficient with all applicable survey fields and office technology.

Representative Projects
Street and Pavement Rehabilitation Projects
Over 20 jurisdictions, including the Cities of Moraga, Berkeley, Orinda, San Leandro, Capitola, and others throughout the Bay Area, CA Project Manager and Field Supervisor. Steven has performed as a project manager, field surveyor, and survey technician on numerous street topographic and utility surveys, ADA ramp surveys, and right-ofway determination projects, totaling over 100 miles of streets and 2000 ramps in support of these various jurisdictions' ongoing pavement maintenance programs. A majority of these projects included working with our team partners at NCE, and he was a primary contributor to all projects between 2019 to 2023.

Pavement Rehabilitation/Maintenance, and Bikeway Improvements Presidio Trust of San Francisco, CA
Surveyor. Steven evaluated and extended the client-provided survey control network, directed all field crew operations, oversaw the compilation of mapping utilizing both conventional field survey and aerial mapping techniques, and provided oversight and quality control analysis during the preparation of the final design-level mapping. This work has occurred in multiple phases between 2020 and 2025 and included approximately 5 miles of roadway mapping.

Alameda Grand Avenue Street OBAG2 Street Project
City of Alameda, CA
Surveyor. Steven performed control research, field crew planning, scheduling, oversight, office calculations related to GPS control, field data reduction, right-of-way analysis and calculations, and directed the preparation of the final design-level mapping products. Completed in two phases between 2022 to 2025, this project totaled approximately 3/4 of a mile in length.

Registration
Professional Surveyor, CA
#9260
Union Certified Chief Party
Years with MPS
20 Years of Experience
20 107
Town of Moraga – Engineering Design Services, Canyon Road Culvert Replacement Project (CIP 23-201 & ER – 15J9(193))
B
Appendix B
Forms
108
/RFDO$VVLVWDQFH3URFHGXUHV0DQXDO (;+%,74
'LVFORVXUHRI/REE\LQJ$FWLYLWLHV
(;+,%,74 ',6&/2685(2)/2%%<,1*$&7,9,7,(6
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files

/33 0D\
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: _________________________
J. Ryan Shafer, PE, GE
Principal and CA Infrastructure Lead
(510) 215-3620 11/13/25
B-1
109
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities

LPP 13-01 May 8, 2013
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report___________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______, if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature ______________ e deferred
Value _____________ f. other, specify__________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature:_________________________________________
Print Name: H. Fred Huang, PE _______________________
Title: President ____________________________________
Telephone No.: (916) 421-1000 Date: 4-8-2019_________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files

NOT APPLICABLE
____________________
- MGE Engineering, Inc.
11-13-2025
B-2
110
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'LVFORVXUHRI/REE\LQJ$FWLYLWLHV
(;+,%,74 ',6&/2685(2)/2%%<,1*$&7,9,7,(6
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files

/33 0D\
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Charles Weakley
President
707-425-6234 11/9/25
Charles Weakley Digitally signed by Charles Weakley
Date: 2025.11.09 08:22:36 -08'00'
B-3
111
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Consultant Management Conflict of Interest Statement
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APPLICABILITY: To be filled out by local agency consultants in management support role. □ I am an employee of a consultant under contract to the local agency that is responsible for the procuring and administering of one or more consultant contracts containing either Federal or State funds.
□ I am in a management position with the local agency, my title is listed below and I have attached my duty statement and scope of work.
□ I hereby certify as follows:

1. I recuse myself from all potential conflicts of interest.

2. I will not directly or indirectly participate in, manage, or oversee any consultant selection procurement process in which the consulting firm of which I am employed is competing as a consultant or subconsultant.

3. I will not directly or indirectly influence any employee, staff member, or other individual participating in any consultant selection procurement process in which the consulting firm of which I am employed is as a consultant or subconsultant.

4. I will not directly or indirectly participate in, manage, or oversee any local agency contract that is with the consulting firm of which I am employed, regardless of whether the involvement of my employer in the contract is as a consultant or subconsultant.

Among other things, this includes my not being involved in approving changes in the schedule, scope, deliverables or invoices.

5. I understand that if I am involved in any local agency contract that is with the consulting firm of which I am employed, in violation of 1. or 2. above, that local agency contract will no longer be eligible for Federal or State reimbursement because of my involvement.
□ I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5) □ I fully understand that it is unlawful for a person to utilize any organization name (i.e. local agency) or auxiliary organization information, which is not a matter of public record, for personal gain.
(DFKFRQVXOWDQWVWDIIZRUNLQJLQDPDQDJHPHQWVXSSRUWUROHVKDOOFRPSOHWHDVHSDUDWHIRUP )RURQFDOOFRQWUDFWVRUFRQWUDFWVIRUPXOWLSOHSURMHFWVLQGLFDWHDFFRUGLQJO\

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CIP 23-201 & ER-15J9(193)
Engineering Design Services, Canyon Road Culvert
Replacement Project (CIP 23-201 & ER – 15J9(193))
✔
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Consultant Management Conflict of Interest Statement
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REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY

REPRESENTATIVE
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Principal and CA Infrastructure Lead
NCE
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Consultant Management Conflict of Interest Statement

REVIEWED/CONCURRENCE BY FEDERAL HIGHWAYS
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(;+,%,78&2168/7$17,10$1$*(0(17683325752/(&21)/,&72),17(5(67$1' &  21),'(17,$/,7<67$7(0(17
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352-(&71$0(
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APPLICABILITY: To be filled out by local agency consultants in management support role. □ I am an employee of a consultant under contract to the local agency that is responsible for the procuring and administering of one or more consultant contracts containing either Federal or State funds.
□ I am in a management position with the local agency, my title is listed below and I have attached my duty statement and scope of work.
□ I hereby certify as follows:

1. I recuse myself from all potential conflicts of interest.

2. I will not directly or indirectly participate in, manage, or oversee any consultant selection procurement process in which the consulting firm of which I am employed is competing as a consultant or subconsultant.

3. I will not directly or indirectly influence any employee, staff member, or other individual participating in any consultant selection procurement process in which the consulting firm of which I am employed is as a consultant or subconsultant.

4. I will not directly or indirectly participate in, manage, or oversee any local agency contract that is with the consulting firm of which I am employed, regardless of whether the involvement of my employer in the contract is as a consultant or subconsultant.

Among other things, this includes my not being involved in approving changes in the schedule, scope, deliverables or invoices.

5. I understand that if I am involved in any local agency contract that is with the consulting firm of which I am employed, in violation of 1. or 2. above, that local agency contract will no longer be eligible for Federal or State reimbursement because of my involvement.
□ I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5) □ I fully understand that it is unlawful for a person to utilize any organization name (i.e. local agency) or auxiliary organization information, which is not a matter of public record, for personal gain.
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CIP 23-201 & ER-15J9(193)
Engineering Design Services, Canyon Road Culvert
Replacement Project (CIP 23-201 & ER – 15J9(193))
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Consultant Management Conflict of Interest Statement
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REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY

REPRESENTATIVE
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Ƒ 7KDWVKRXOGWKHIRUHJRLQJQDPHGORFDODJHQF\FRQVXOWDQWZKRLVXQGHUFRQWUDFWDQGLQD PDQDJHPHQWVXSSRUWUROHZLWKRXUORFDODJHQF\YLRODWHDQ\RIWKHIRUHJRLQJWHUPVDQG FRQGLWLRQVWKH&DOWUDQV'/$(ZLOOEHQRWLILHGDQGVXFKYLRODWLRQZLOOEHFRQVLGHUHGDEUHDFK RIHWKLFVDQGFRXOGEHDEDVLVIRULQHOLJLELOLW\RI6WDWHRU)HGHUDOSURMHFWIXQGV Ƒ The procedures followed to procure and execute the contract, between the local agency and the consulting firm of which I am employed, comply with all federal and state requirements. Also this contract has a specific date from to .
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H. Fred Huang, PE
President
MGE Engineering, Inc.

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Consultant Management Conflict of Interest Statement

REVIEWED/CONCURRENCE BY FEDERAL HIGHWAYS
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APPLICABILITY: To be filled out by local agency consultants in management support role. □ I am an employee of a consultant under contract to the local agency that is responsible for the procuring and administering of one or more consultant contracts containing either Federal or State funds.
□ I am in a management position with the local agency, my title is listed below and I have attached my duty statement and scope of work.
□ I hereby certify as follows:

1. I recuse myself from all potential conflicts of interest.

2. I will not directly or indirectly participate in, manage, or oversee any consultant selection procurement process in which the consulting firm of which I am employed is competing as a consultant or subconsultant.

3. I will not directly or indirectly influence any employee, staff member, or other individual participating in any consultant selection procurement process in which the consulting firm of which I am employed is as a consultant or subconsultant.

4. I will not directly or indirectly participate in, manage, or oversee any local agency contract that is with the consulting firm of which I am employed, regardless of whether the involvement of my employer in the contract is as a consultant or subconsultant.

Among other things, this includes my not being involved in approving changes in the schedule, scope, deliverables or invoices.

5. I understand that if I am involved in any local agency contract that is with the consulting firm of which I am employed, in violation of 1. or 2. above, that local agency contract will no longer be eligible for Federal or State reimbursement because of my involvement.
□ I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5) □ I fully understand that it is unlawful for a person to utilize any organization name (i.e. local agency) or auxiliary organization information, which is not a matter of public record, for personal gain.
(DFKFRQVXOWDQWVWDIIZRUNLQJLQDPDQDJHPHQWVXSSRUWUROHVKDOOFRPSOHWHDVHSDUDWHIRUP )RURQFDOOFRQWUDFWVRUFRQWUDFWVIRUPXOWLSOHSURMHFWVLQGLFDWHDFFRUGLQJO\

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CIP 23-201 & ER-15J9(193)
Canyon Road Culvert Replacement Project
✔
✔
✔
✔
B-10
118
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Consultant Management Conflict of Interest Statement
□ I have read and fully understand all of the above.
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REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY

REPRESENTATIVE
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Ƒ 7KDWWKHIRUHJRLQJQDPHGORFDODJHQF\FRQVXOWDQWZKRLVXQGHUFRQWUDFWDQGLQDPDQDJHPHQW VXSSRUWUROHZLWKRXUORFDODJHQF\DELGHVE\WKHIRUHJRLQJWHUPVDQGFRQGLWLRQV

Ƒ 7KDWVKRXOGWKHIRUHJRLQJQDPHGORFDODJHQF\FRQVXOWDQWZKRLVXQGHUFRQWUDFWDQGLQD PDQDJHPHQWVXSSRUWUROHZLWKRXUORFDODJHQF\YLRODWHDQ\RIWKHIRUHJRLQJWHUPVDQG FRQGLWLRQVWKH&DOWUDQV'/$(ZLOOEHQRWLILHGDQGVXFKYLRODWLRQZLOOEHFRQVLGHUHGDEUHDFK RIHWKLFVDQGFRXOGEHDEDVLVIRULQHOLJLELOLW\RI6WDWHRU)HGHUDOSURMHFWIXQGV Ƒ The procedures followed to procure and execute the contract, between the local agency and the consulting firm of which I am employed, comply with all federal and state requirements. Also this contract has a specific date from to .
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