Agenda packet, first session — 1 - Town Council, October 14, 2026

TOWN OF MORAGA

TOWN COUNCIL
WEDNESDAY, OCTOBER 14, 2026
Kerry Hillis, Mayor
Brian Dolan, Vice Mayor
Lisa Maglio, Councilmember
Graham Thiel, Councilmember
Steve Woehleke, 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
Nate Levine, 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 your Local Community Access Television (CATV); or by viewing the Town's YouTube Live channel at:
https://www.youtube.com/@TownofMoraga335
You may now view and participate in the Town of Moraga Town Council meetings via Zoom by navigating to Zoom.com and using the unique Meeting ID and Password published with each agenda.

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.

October 14, 2026
Town Council TC - Regular Meeting
1 TOWN OF MORAGA

TOWN COUNCIL

TC - REGULAR MEETING
WEDNESDAY, OCTOBER 14, 2026
5:30 PM

TOWN COUNCIL CHAMBER
335 RHEEM BOULEVARD

MORAGA, CA
Senate Bill 707 (2025) (“SB 707”) requires all “eligible legislative bodies” to offer remote public access for Town Council meetings through either two-way telephonic service or two-way audiovisual platforms. As a result, the Town of Moraga is offering remote participation via Zoom for all Town Council Regular and Special meetings.

INSTRUCTIONS FOR VIEWING AND PARTICIPATING IN THIS MEETING IN PERSON: If you would like to speak during the public forum or on an item listed on the agenda, you are invited to submit a speaker card to the Town Clerk. You will be permitted to speak even if you elect not to submit a speaker card or decline to provide information requested on the card. Speakers will be called in the following order: Speakers who submit a speaker card to the Town Clerk will be called to speak first, followed by in-person speakers who raise their hand but do not submit a speaker card.

Lastly, speakers who are attending remotely will need to raise their virtual hand and will subsequently be called upon to provide a remote verbal comment. Public comment is generally limited to 3 minutes per speaker per agenda item.

WRITTEN COMMENTS: You may also submit a public comment in advance of the meeting. You may hand deliver your comments to Town Hall at 329 Rheem Blvd. Moraga, CA 94556 or send an e-mail to [email protected] Please submit your comments two (2) hours prior to the start of the first meeting on the day of the scheduled Town Council meeting in order for your written comments to be included as part of the written record for the meeting. Your comments will be provided to the Town Council and will also be made a part of the public record at the meeting.

REMOTE ACCESS: You may participate remotely by accessing zoom.com and providing the webinar ID and passcode listed below or you may click the Zoom link below and provide the webinar ID and passcode.

NOTE: you MUST raise your virtual hand or the Town Clerk will not know you wish to make a comment.

Zoom Link: https://us02web.zoom.us/j/81364000105?
pwd=IXSJRwNcD7XOuSRA3yppKK1UOl1Szh.1
Webinar ID: 813 6400 0105
Passcode: 334993
Dial In Option (AUDIO ONLY): +1-669-900-6833
October 14, 2026
Town Council TC - Regular Meeting
2 1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS

4. PUBLIC COMMUNICATION

5. ADOPTION OF MEETING AGENDA

6. CONSENT CALENDAR

6.1 Receive Accounts Payable Claims for: September 01, 2026 - September 30, 2026 ($1,412,656.75).

6.2 Approval of the Meeting Minutes from the September 09, 2026 Regular meeting and the September 09, 2026 Joint Town Council and Parks & Recreation Commission Special Study Session.

6.3 Waive the second reading and adopt an ordinance repealing and replacing Chapter

2.08 (Town Manager) of the Moraga Municipal Code (MMC) allowing the Town Manager to appoint the Town Treasurer and find the Ordinance Exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Staff Report

ROLL CALL
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
Attachment A - September 01 - September 31 2026 AP Report Attachment A - DRAFT - SEP 09 2026 - TC Meeting Minutes - REG Attachment B - DRAFT - SEP 09 2026 - Joint TC and Parks & Recreation Meeting Minutes - SPC
Attachment A - Proposed Ordinance Repealing and Replacing Chapter 2.08 Attachment B - MMC 2.08.070 - Town Treasurer REDLINED
October 14, 2026
Town Council TC - Regular Meeting
3 6.4 Adopt a Resolution:

1. Authorizing the Town Manager to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. for the School Street Feasibility, Concept Development, and Implementation Study (CIP 25-402), in a contract amount not to exceed $454,121.66 and authorizes a 10% Town-held contingency of $45,412.17, for total project authority not to exceed $499,533.83;

2. Authorizing the Town Manager or designee to approve additional study services and related agreement amendments using the contingency within the approved total authorization;

3. Approving the proposed CIP 25-402 budget revision (Attachment C), which funds the study with the $600,000 grant and removes the previously programmed Measure J funding; and

4. Finding that the feasibility and planning study is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15306 (Information Collection).

Staff Report

6.5 Adopt a Resolution:

1. Approving the acquisition of Douglas Heine’s Full Circle #2 sculpture for $900 from the Art in Public Spaces fund;

2. Approving placement of Full Circle #2 at Location C within the Town-owned linear park along St. Mary’s Road, adjacent to the Lafayette-Moraga Regional Trail; and

3. Authorizing the Town Manager to execute any applicable agreement or other documents necessary to complete the acquisition and installation, in a form approved by the Town Attorney.

Staff Report
Attachment A - Draft Resolution
Attachment B - Project Location Map
Attachment C - Federal PSA Revised Draft
Attachment D - Proposed CIP 25-402 Revision
Attachment A - Draft Resolution - Doug Heine Sculpture
Attachment B - SEP 14 2026 Parks and Recreation Commission Staff Report Attachment C - Proposed Sculpture Locations
Attachment D - Full Circle Application with Renderings
October 14, 2026
Town Council TC - Regular Meeting
4 6.6 Adopt a Resolution:

1. Authorizing submission of grant application to the Statewide Park Development and Community Revitalization Program (SPP) for eligible outdoor recreation improvements to the linear park along St. Mary’s Road and related improvements within the southern area of Moraga Commons Park along St. Mary’s Road, and

2. Designating the Town Manager, or designee, as the authorized representative for application preparation and submission.

Staff Report

6.7 Adopt a resolution to reclassify the Administrative Services Director position to Assistant Town Manager/Administrative Services Director and approving the Employee Salary Schedule dated and effective October 18, 2026.

Staff Report

7. ANNOUNCEMENTS AND REPORTS ON ACTIVITIES

8. PUBLIC HEARING
8A. Accept the report detailing the Moraga Police Department’s use of Military Equipment and renew the Military Equipment Use Policy for the Moraga Police Department (MPD).

Staff Report

9. DEPARTMENT REPORTS
9A. Receive a Presentation on Police Department Activities. 9B. Staff recommends that the Town Council receive the presentation, review the draft Mobile Food Vending Ordinance, and provide direction on whether the proposed regulatory framework reflects the Council's prior direction. No action to introduce or adopt the ordinance is requested at this meeting.

Staff Report

10. COUNCILMEMBER REQUESTS FOR FUTURE AGENDA ITEMS

11. INFORMATIONAL ITEMS
Attachment A - Draft SPP Resolution
Attachment B - Concept Map
Attachment A - Draft Resolution - Reclassification of Administrative Director Position Attachment B - Salary Schedule FY 27 Eff 10-18-26
A. Councilmember Reports on AB1234 Activities, Councilmember Announcements B. Town Manager
Attachment A - Draft Resolution - Military Equipment Policy Attachment B - MPD Policy 708
Attachment C - Annual Report RE Use of Military Equipment 25-26 Attachment A - Draft Ordinance - Establishing Chapter 9.14 Mobile Food Vending October 14, 2026
Town Council TC - Regular Meeting
5 12. TOWN MANAGER FOLLOW-UP AND ANNOUNCEMENTS

13. ADJOURNMENT
October 14, 2026
Town Council TC - Regular Meeting
6 10/5/2026 12:44:51 PM Page 1 of 11
Monthly Check Report
Town of Moraga By Check Number
Date Range: 09/01/2026 - 09/30/2026
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Payable # Post Date Payable Description Payable Amount Payable Type Discount Amount Bank Code: AP Bank -AP Bank
2285 Ad Art LLC 09/03/2026 66748 Regular 0.00 22,457.59 A593272 Invoice 09/01/2026 Replacement Electronic Screen 22,457.59 0.00 0091 Amazon Capital Services, Inc 09/03/2026 66749 Regular 0.00 47.32 1YKG-96W3-DF71 Invoice 09/01/2026 Office Supplies 47.32 0.00 0176 Association of Bay Area Governments 09/03/2026 66750 Regular 0.00 1,033.67 1003000 Invoice 08/19/2026 Hacienda Pooled Power Customer No: T00… 1,033.67 0.00 0221 Bay Cities Paving & Grading Inc. 09/03/2026 66751 Regular 0.00 584,521.03 1 Invoice 09/02/2026 025-401 Prof Services 2026.08 584,521.03 0.00 0232 Benali Inc. 09/03/2026 66752 Regular 0.00 644.09
040643 Invoice 09/01/2026 Supplies 28.26 0.00
040651 Invoice 07/20/2026 Supplies 147.96 0.00
40710 Invoice 09/01/2026 Irrigation Parts 75.01 0.00
40734 Invoice 09/01/2026 Irrigation Parts and PUC Pipe 66.49 0.00 40754 Invoice 09/01/2026 LUMBER/BUILDING MATERIALS 288.53 0.00 40755 Invoice 09/01/2026 Lumber materials for concrete slab for art … 19.76 0.00 40756 Invoice 09/01/2026 Small supplies - Streets 18.08 0.00 0252 BKF Engineers 09/03/2026 66753 Regular 0.00 32,610.00 26081324 Invoice 09/02/2026 023-305 Prof Svcs through 2026.07.26 32,610.00 0.00 0305 Burke, Williams & Sorensen 09/03/2026 66754 Regular 0.00 6,632.08 362855 Invoice 03/18/2026 05655-0180 187.20 0.00
362856 Invoice 03/18/2026 D25-013 Legal Fees: 05655-0200.002 2026… 5,578.56 0.00 374289 Invoice 09/01/2026 Legal Fees: Gen 05655-0136 2026.07 866.32 0.00 0429 City of Lafayette 09/03/2026 66755 Regular 0.00 20,000.00 2026.09 Invoice 09/01/2026 Lamorinda Spirit Van Program FY 2026-20… 20,000.00 0.00 0472 Contra Costa County Library 09/03/2026 66756 Regular 0.00 2,318.64 MOR-TECH-Q3-25…Invoice 09/01/2026 Q3 2026 Technology and Equipment 1,026.38 0.00 MOR-TECH-Q4-25…Invoice 09/01/2026 Q4 2026 Technology and Equipment 1,292.26 0.00 0473 Contra Costa County Public Works Dept. 09/03/2026 66757 Regular 0.00 2,012.92 709767 Invoice 09/01/2026 Traffic Signal Maintenance 2026.07 2,012.92 0.00 0611 Diamond K Supply Ltd 09/03/2026 66758 Regular 0.00 403.28 5516800 Invoice 09/02/2026 APSC install - Pear @ Commons Park 60.09 0.00 5516812 Invoice 09/01/2026 APSC install - Pear @ Commons Park 261.76 0.00 5516813 Invoice 09/01/2026 APSC install - Pear @ Commons Park 22.22 0.00 5516817 Invoice 09/01/2026 APSC install - Pear @ Commons Park 59.21 0.00 0666 East Bay Municipal Utility Dist. 09/03/2026 66759 Regular 0.00 14,736.65 48312700001 20… Invoice 09/01/2026 Water Svcs 1310 Camino Pablo Acct: 4831… 14,736.65 0.00 0666 East Bay Municipal Utility Dist. 09/03/2026 66760 Regular 0.00 246.92 12212300001 20… Invoice 09/01/2026 Water Svcs 848 Country Club Dr Acct: 122… 246.92 0.00 0673 Ebne Mujadidi 09/03/2026 66761 Regular 0.00 213.94 13083 Invoice 09/01/2026 Battery MT 34 1996 Ford F250 213.94 0.00 0764 Fiscal Unit - Office of the Sheriff - CCC 09/03/2026 66762 Regular 0.00 100.00 MOPD-2607 Invoice 09/01/2026 Forensic Svcs: 2026.07 100.00 0.00 0776 Francisco & Associates, Inc. 09/03/2026 66763 Regular 0.00 16,766.71 Attachment A
7 Monthly Check Report Date Range: 09/01/2026 - 09/30/2026 10/5/2026 12:44:51 PM Page 2 of 11
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Payable # Post Date Payable Description Payable Amount Payable Type Discount Amount 4303 Invoice 09/01/2026 Street Lighting Assess Dist FY2026-27 16,766.71 0.00 0786 G&K Petroleum, Inc. 09/03/2026 66764 Regular 0.00 2,699.05 INV0000939 Invoice 09/01/2026 Fuel Purchases 2026.07.29-2026.08.21 2,699.05 0.00 0827 Gopher Team 09/03/2026 66765 Regular 0.00 959.00
871402 Invoice 09/01/2026 Gopher abatement Rancho Laguna Park 2… 40.00 0.00 871489 Invoice 09/01/2026 Pest Control - Commons Park 2026.08 599.00 0.00 871636 Invoice 09/01/2026 Pest Control - Rancho Laguna Park 2026.08 320.00 0.00 0865 Harris & Associates, Inc. 09/03/2026 66766 Regular 0.00 32,438.75 73727 Invoice 09/01/2026 025-202 Corliss Dr Prof Svcs 2026.01.01-2… 32,438.75 0.00 0876 Health Care Dental Trust 09/03/2026 66767 Regular 0.00 3,798.46 382254 Invoice 09/01/2026 Dental Insurance: 2026.09 3,798.46 0.00 0900 Horizon Distributors, Inc. 09/03/2026 66768 Regular 0.00 524.81 1R365718a Invoice 09/01/2026 Maint Supplies 524.81 0.00 0918 Impec Group Inc. 09/03/2026 66769 Regular 0.00 4,239.04 2608135 Invoice 09/01/2026 Facility Janitorial Svc 4,239.04 0.00 2339 Jakob Haas 09/03/2026 66770 Regular 0.00 115.00
INV0000940 Invoice 09/01/2026 Petting Zoo Event Deposit 115.00 0.00 1268 Leave Your Mark PHXOR, LLC 09/03/2026 66771 Regular 0.00 57.00 1608 Invoice 09/01/2026 Brick Plaque for Memorial Bench 57.00 0.00 1272 Legal Defense Fund of the PORAC 09/03/2026 66772 Regular 0.00 12.00 542808 Invoice 09/01/2026 Legal Defense Fund: 2026.08 12.00 0.00 1501 MNG PARTNERSHIP HOLDINGS LLC 09/03/2026 66773 Regular 0.00 1,771.80 0001478552 Invoice 09/01/2026 Legal Advertising 787.80 0.00 0001480886 072… Invoice 09/01/2026 Legal Advertising 984.00 0.00 1573 National Trench Safety, Inc 09/03/2026 66774 Regular 0.00 524.04 RC00782025-04 Invoice 09/01/2026 023-201 Trench Plate Rental 524.04 0.00 1581 Nichols Consulting Engineers, Chtd. 09/03/2026 66775 Regular 0.00 37,128.35 576255505 Invoice 08/18/2026 023-201 Prof Scvs thru 2026.08.07 37,128.35 0.00 2299 Pierre Riche 09/03/2026 66776 Regular 0.00 4,000.00 003 Invoice 08/18/2026 Public Art Project - Pear, Final Payment 4,000.00 0.00 1697 PlaceWorks, Inc. 09/03/2026 66777 Regular 0.00 587.25 TNMO-06.0 16 Invoice 09/01/2026 P90-039 Prof Svcs: 2026.07 587.25 0.00 1868 SANDIS Civil Engineers Surveyors Planners 09/03/2026 66778 Regular 0.00 2,094.13 2607259 Invoice 09/01/2026 25-202 Prof Svcs through 2026.07.31 2,094.13 0.00 2019 Suburban Propane-1645 09/03/2026 66779 Regular 0.00 308.70 16450228088 Invoice 09/01/2026 PROPANE 213.70 0.00
169609 Invoice 09/01/2026 Propane tank @ 335 Rheem rental 95.00 0.00 2105 TK Elevator Corp. 09/03/2026 66780 Regular 0.00 940.61 3009775455 Invoice 09/01/2026 Quarterly Elevator Maint 2026.09.01-2026… 940.61 0.00 2045 T-Mobile 09/03/2026 66781 Regular 0.00 41.86
973577418 2026.…Invoice 09/01/2026 Cell Phones: PD 973577418 2026.08 41.86 0.00 2174 Wallace Roberts & Todd INC 09/03/2026 66782 Regular 0.00 7,913.50 0000012 Invoice 08/19/2026 PROS Prof Svcs through 2026.07.26 7,913.50 0.00 2217 Yaron Shoshan 09/03/2026 66783 Regular 0.00 1,000.00 INV0000930 Invoice 09/01/2026 Landscape Maint: 2026-09 1,000.00 0.00 1712 PTS Communications Inc. 09/15/2026 66784 Regular 0.00 75.00 8 Monthly Check Report Date Range: 09/01/2026 - 09/30/2026 10/5/2026 12:44:51 PM Page 3 of 11
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Payable # Post Date Payable Description Payable Amount Payable Type Discount Amount 2157037 Invoice 09/01/2026 Pay Phone Chrg: Rancho Laguna 9259130… 75.00 0.00 2340 AAAAA RENT-A-SPACE-MORAGA LTD 09/16/2026 66785 Regular 0.00 5,652.00 #12869 Invoice 09/09/2026 Engineering Filing Storage Facility 5,652.00 0.00 0081 Alta Planning + Design, Inc. 09/16/2026 66786 Regular 0.00 1,670.00 304.2600677.000…Invoice 09/10/2026 13-101 Proj Admin Mgmt thru 2026.08.21 1,670.00 0.00 2326 Andrew Merovich 09/16/2026 66787 Regular 0.00 1,129.80 1902 Invoice 09/10/2026 LEGO Camp 1,129.80 0.00
0176 Association of Bay Area Governments 09/16/2026 66788 Regular 0.00 7,413.07 1004008 Invoice 09/14/2026 ABAG Annual Dues FY 2026-2027 6,484.00 0.00 1006018 Invoice 09/10/2026 Hacienda Pooled Power Customer No: T00… 929.07 0.00 0180 AT&T 09/16/2026 66789 Regular 0.00 133.55
000025712743 Invoice 09/10/2026 Alarm: 335 Rheem BAN 9391019309 2026… 133.55 0.00 0180 AT&T 09/16/2026 66790 Regular 0.00 29.11
000025712798 Invoice 09/10/2026 Fax: Hacienda 2100 Donald BAN 9391020… 29.11 0.00 0180 AT&T 09/16/2026 66791 Regular 0.00 26.98
000025788835 Invoice 09/10/2026 Sprinkler Alm 329 Rheem BAN 939102064… 26.98 0.00 0180 AT&T 09/16/2026 66792 Regular 0.00 156.45
000025712805 Invoice 09/10/2026 AT&T BAN 9391020639 2026.09 156.45 0.00 0180 AT&T 09/16/2026 66793 Regular 0.00 27.96
000025713506 Invoice 09/10/2026 Emer. Phone: 329 Rheem BAN 939106343… 27.96 0.00 0180 AT&T 09/16/2026 66794 Regular 0.00 27.96
000025712799 Invoice 09/10/2026 Fax 329 Rheem BAN 9391020641 2026.09 27.96 0.00 0180 AT&T 09/16/2026 66795 Regular 0.00 168.10
000025712742 Invoice 09/10/2026 AT&T BAN 9391019310 2026.09 168.10 0.00 0188 Autohaus Moraga 09/16/2026 66796 Regular 0.00 2,571.22 #25197 Invoice 09/14/2026 Veh Maint Oil, Radiator Svc 280.64 0.00 #25302 Invoice 09/14/2026 Veh Maint Oil, Control Arm, Brake Svc 1,999.73 0.00 #25415 Invoice 09/14/2026 Veh Maint Thermostat Svc 290.85 0.00 0232 Benali Inc. 09/16/2026 66797 Regular 0.00 140.34
40762 Invoice 09/10/2026 Maint Supplies 133.77 0.00
40770 Invoice 09/10/2026 Maint Supplies 6.57 0.00
0262 Bomac's Inc. 09/16/2026 66798 Regular 0.00 195.00
63260 Invoice 09/14/2026 Service Call 195.00 0.00
0305 Burke, Williams & Sorensen 09/16/2026 66799 Regular 0.00 13,350.21 374286 Invoice 09/10/2026 P90-035 Legal Fees: 05655-0076 2026.07 1,513.20 0.00 374287 Invoice 09/10/2026 Legal Fees: Pers 05655-0111 2026.07 1,414.40 0.00 374288 Invoice 09/10/2026 Legal Fees: Gen 05655-0010 2026.07 2,998.94 0.00 374290 Invoice 09/10/2026 Legal Fees: Lit 05655-0165 2026.07 950.04 0.00 374291 Invoice 09/10/2026 Legal Fees: Gen 05655-0168 2026.07 335.29 0.00 374292 Invoice 09/10/2026 Legal Fees: Gen 05655-180 2026.07 128.96 0.00 374294 Invoice 09/10/2026 Legal Fees: Gen 05655-0211 2026.07 1,521.00 0.00 374295 Invoice 09/10/2026 D26-021 Legal Fees: 05655-0212 2026.07 4,488.38 0.00 0445 Cole Supply Company, LLC 09/16/2026 66800 Regular 0.00 1,064.26 12139655 Invoice 09/10/2026 Janitorial Supplies 1,064.26 0.00 2334 D7 Roofing Servcies Inc 09/16/2026 66801 Regular 0.00 97,052.95 260041-01 Invoice 09/14/2026 023-108 329 Rheem Blvd Roof Replaceme… 97,052.95 0.00 0601 Department of Justice 09/16/2026 66802 Regular 0.00 753.00 065685 Invoice 09/10/2026 LiveScan: 2026.07 194.00 0.00 9 Monthly Check Report Date Range: 09/01/2026 - 09/30/2026 10/5/2026 12:44:51 PM Page 4 of 11
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Payable # Post Date Payable Description Payable Amount Payable Type Discount Amount 072206 Invoice 09/14/2026 LiveScan: 2026.08 559.00 0.00 0611 Diamond K Supply Ltd 09/16/2026 66803 Regular 0.00 270.61 5516132 Invoice 09/10/2026 Maint Supplies 76.48 0.00
5516373 Invoice 09/10/2026 Maint Supplies 76.48 0.00
5517066 Invoice 09/10/2026 Maint Supplies 117.65 0.00
0632 Donald Scully 09/16/2026 66804 Regular 0.00 1,861.62 INV0000983 Invoice 09/10/2026 Tuition Reimb: Summer 2026 1,861.62 0.00 0666 East Bay Municipal Utility Dist. 09/16/2026 66805 Regular 0.00 816.70 53401400001 20… Invoice 09/10/2026 Water Svcs Town Hall 329 Rheem Acct: 53… 816.70 0.00 0666 East Bay Municipal Utility Dist. 09/16/2026 66806 Regular 0.00 265.20 11316400001 20… Invoice 09/14/2026 Water Svcs 390 Moraga Rd Acct: 1131640… 265.20 0.00 0666 East Bay Municipal Utility Dist. 09/16/2026 66807 Regular 0.00 7,483.78 11448800001 20… Invoice 09/14/2026 Water Svcs 99 Devin Dr Acct: 11448800001 7,483.78 0.00 0666 East Bay Municipal Utility Dist. 09/16/2026 66808 Regular 0.00 1,804.40 11316600001 20… Invoice 09/14/2026 Water Svcs Council 331 Rheem Acct: 1131… 1,804.40 0.00 0786 G&K Petroleum, Inc. 09/16/2026 66809 Regular 0.00 2,274.74 INV0001003 Invoice 09/14/2026 Fuel Purchases: 2026.08.24-09.14 2,274.74 0.00 0822 Golden State Fleet Services, Inc. 09/16/2026 66810 Regular 0.00 250.00 14-27429 Invoice 09/10/2026 Veh Towing 250.00 0.00
0886 Henry Siu 09/16/2026 66811 Regular 0.00 2,694.14

7.08.26 Invoice 09/10/2026 Lunch BBQ 2,694.14 0.00
0920 IncrediFlix, Inc. 09/16/2026 66812 Regular 0.00 1,305.54 INV-2078 Invoice 09/10/2026 Action Move Flix and Prod Fees: Summer … 1,305.54 0.00 2339 Jakob Haas 09/16/2026 66813 Regular 0.00 1,000.00
INV0000988 Invoice 09/10/2026 Pear + Wine Petting Zoo 1,000.00 0.00 1010 Jennifer Runckel 09/16/2026 66814 Regular 0.00 2,112.00 INV0000986 Invoice 09/10/2026 Summer Yoga 2,112.00 0.00 1272 Legal Defense Fund of the PORAC 09/16/2026 66815 Regular 0.00 12.00 924527 Invoice 09/10/2026 Legal Defense Fund: 2026.09 12.00 0.00 2274 Lisa Maglio 09/16/2026 66816 Regular 0.00 59.00
INV0000072 Invoice 02/18/2026 League of California Cities Per Diem Reim… 59.00 0.00 1365 Maria Inez Martinez 09/16/2026 66817 Regular 0.00 1,062.00 INV0000984 Invoice 09/10/2026 Yoga Sessions 1,062.00 0.00 1501 MNG PARTNERSHIP HOLDINGS LLC 09/16/2026 66818 Regular 0.00 237.80 0001483256 Invoice 09/10/2026 Notice of Election 237.80 0.00 1519 Moraga Country Club HOA 09/16/2026 66819 Regular 0.00 9,136.69 05029461 Invoice 09/10/2026 Mayor's Conf 2026.09.03 9,136.69 0.00 1553 Municipal Pooling Authority 09/16/2026 66820 Regular 0.00 111.00 INV005153 Invoice 09/10/2026 MG Paint the Town Billback 7/15/26 111.00 0.00 1669 Peace Officers Research Association of CA 09/16/2026 66821 Regular 0.00 12.00 542808 Invoice 09/10/2026 Membership Dues: 2026.10 12.00 0.00 1783 Rincon Consultants, Inc. 09/16/2026 66822 Regular 0.00 32,349.45 76413 Invoice 09/14/2026 D25-025 Prof Svcs: 2026.07 20,104.00 0.00 77133 Invoice 09/14/2026 D25-025 Prof Svcs: 2026.08 12,245.45 0.00 1790 RoadSafe Traffic Systems, Inc. 09/16/2026 66823 Regular 0.00 375.89 283818 Invoice 09/14/2026 Streets Supplies 178.34 0.00
10 Monthly Check Report Date Range: 09/01/2026 - 09/30/2026 10/5/2026 12:44:51 PM Page 5 of 11
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Payable # Post Date Payable Description Payable Amount Payable Type Discount Amount 284339 Invoice 09/14/2026 Streets Supplies 197.55 0.00
1823 Ross Recreation Equipment 09/16/2026 66824 Regular 0.00 728.27 I30399 Invoice 09/14/2026 Maint Supplies 728.27 0.00
1936 Shred City 09/16/2026 66825 Regular 0.00 162.00
1218090826 Invoice 09/14/2026 Document Destruction: 2026.09 162.00 0.00 1942 Sierra Display, Inc. 09/16/2026 66826 Regular 0.00 986.82 29102 Invoice 09/14/2026 Art in Public Spaces Banner 986.82 0.00 1950 SNG & Associates, Inc 09/16/2026 66827 Regular 0.00 3,757.50 2026-0715 Invoice 09/14/2026 On Call Eng Land Dev Svcs WA#4: 2026.06… 3,757.50 0.00 2069 The Berkeley Chess School 09/16/2026 66828 Regular 0.00 5,640.00 6679 Invoice 09/10/2026 Rheem ASEP 1,600.00 0.00
6721 Invoice 09/10/2026 LP ASEP 1,800.00 0.00
6759 Invoice 09/10/2026 LP ASEP 2,240.00 0.00
2284 Theis Engineering & Associates 09/16/2026 66829 Regular 0.00 20,470.00 MOR12608 Invoice 09/14/2026 025-402 Prof Svcs: 2026.08 1,035.00 0.00 MOR22608 Invoice 09/14/2026 Staff Augmentation Services: 2026.08 19,435.00 0.00 2045 T-Mobile 09/16/2026 66830 Regular 0.00 700.95
201625790-23 Invoice 09/14/2026 Monthly Cell Phone 2026.08 700.95 0.00 2123 TransUnion Risk & Alternative Data Solutions, In 09/16/2026 66831 Regular 0.00 100.00 811153-202608-1 Invoice 09/10/2026 Police Search Engine Acct: 811153 2026.08 100.00 0.00 2156 Veritone Inc. 09/16/2026 66832 Regular 0.00 1,300.00 1190412 Invoice 09/15/2026 RIPA Collecting and Reporting FY2027 1,300.00 0.00 2201 William W. Davis 09/16/2026 66833 Regular 0.00 391.04 INV0000987 Invoice 09/10/2026 Training Reimb: Lodging 391.04 0.00 2242 Mission Square Retirement Trust 09/11/2026 DFT0001529 Bank Draft 0.00 1,271.04 INV0000949 Invoice 09/11/2026 401A Employer Contribution 1,271.04 0.00 2242 Mission Square Retirement Trust 09/11/2026 DFT0001530 Bank Draft 0.00 2,350.96 INV0000950 Invoice 09/11/2026 401A Employee Contribution 2,350.96 0.00 2242 Mission Square Retirement Trust 09/11/2026 DFT0001531 Bank Draft 0.00 1,851.14 INV0000951 Invoice 09/11/2026 Employee 457 Contribution 1,851.14 0.00 0210 BASIC Benefits LLC 09/11/2026 DFT0001532 Bank Draft 0.00 865.38 INV0000952 Invoice 09/11/2026 DCAP Employee Contribution 865.38 0.00 2242 Mission Square Retirement Trust 09/11/2026 DFT0001533 Bank Draft 0.00 8,806.21 INV0000953 Invoice 09/11/2026 457 Employee Contribution 8,806.21 0.00 0210 BASIC Benefits LLC 09/11/2026 DFT0001534 Bank Draft 0.00 1,019.89 INV0000954 Invoice 09/11/2026 FSA Employee Contribution 1,019.89 0.00 0338 CalPERS 09/11/2026 DFT0001535 Bank Draft 0.00 5,001.98 INV0000955 Invoice 09/11/2026 Misc Classic Employee Contribution 5,001.98 0.00 0338 CalPERS 09/11/2026 DFT0001536 Bank Draft 0.00 3,601.43 INV0000956 Invoice 09/11/2026 Misc Classic Employer Contribution 3,601.43 0.00 0338 CalPERS 09/11/2026 DFT0001537 Bank Draft 0.00 7.44 INV0000957 Invoice 09/11/2026 Misc Classic PERS Survivor Benefits Emplo… 7.44 0.00 0338 CalPERS 09/11/2026 DFT0001538 Bank Draft 0.00 86.62 INV0000958 Invoice 09/11/2026 Misc Classic PERS Service Credit 86.62 0.00 0338 CalPERS 09/11/2026 DFT0001539 Bank Draft 0.00 6,622.48 11 Monthly Check Report Date Range: 09/01/2026 - 09/30/2026 10/5/2026 12:44:51 PM Page 6 of 11
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Payable # Post Date Payable Description Payable Amount Payable Type Discount Amount INV0000959 Invoice 09/11/2026 Misc PEPRA Employee Contribution 6,622.48 0.00 0338 CalPERS 09/11/2026 DFT0001540 Bank Draft 0.00 6,776.30 INV0000960 Invoice 09/11/2026 Misc PEPRA Employer Contribution 6,776.30 0.00 0338 CalPERS 09/11/2026 DFT0001541 Bank Draft 0.00 17.67 INV0000961 Invoice 09/11/2026 Misc PEPRA PERS Survivor Benefits Emplo… 17.67 0.00 0338 CalPERS 09/11/2026 DFT0001542 Bank Draft 0.00 110.60 INV0000962 Invoice 09/11/2026 Misc PEPRA PERS Service Credit 110.60 0.00 2243 Moraga Police Managers Association 09/11/2026 DFT0001543 Bank Draft 0.00 70.00 INV0000963 Invoice 09/11/2026 MPMA Dues 70.00 0.00
1531 Moraga Police Officers Assn 09/11/2026 DFT0001544 Bank Draft 0.00 350.00 INV0000964 Invoice 09/11/2026 MPOA Dues 350.00 0.00
2242 Mission Square Retirement Trust 09/11/2026 DFT0001545 Bank Draft 0.00 330.00 INV0000965 Invoice 09/11/2026 ROTH IRA Employee Contribution 330.00 0.00 2242 Mission Square Retirement Trust 09/11/2026 DFT0001546 Bank Draft 0.00 2,838.30 INV0000966 Invoice 09/11/2026 ROTH 457 Employee Contribution 2,838.30 0.00 0338 CalPERS 09/11/2026 DFT0001547 Bank Draft 0.00 6,377.83 INV0000967 Invoice 09/11/2026 Safety Classic Employee Contribution 6,377.83 0.00 0338 CalPERS 09/11/2026 DFT0001548 Bank Draft 0.00 7,933.04 INV0000968 Invoice 09/11/2026 Safety Classic Employer Contribution 7,933.04 0.00 0338 CalPERS 09/11/2026 DFT0001549 Bank Draft 0.00 6.51 INV0000969 Invoice 09/11/2026 Safety Classic PERS Survivor Benefits Empl… 6.51 0.00 0338 CalPERS 09/11/2026 DFT0001550 Bank Draft 0.00 4,727.47 INV0000970 Invoice 09/11/2026 Safety PEPRA Employee Contribution 4,727.47 0.00 0338 CalPERS 09/11/2026 DFT0001551 Bank Draft 0.00 4,782.44 INV0000971 Invoice 09/11/2026 Safety PEPRA Employer Contribution 4,782.44 0.00 0338 CalPERS 09/11/2026 DFT0001552 Bank Draft 0.00 4.65 INV0000972 Invoice 09/11/2026 Safety PEPRA PERS Survivor Benefits Empl… 4.65 0.00 0335 California State Disbursement Unit 09/11/2026 DFT0001553 Bank Draft 0.00 410.76 INV0000973 Invoice 09/11/2026 Child Support Payable 410.76 0.00 2241 IRS 09/11/2026 DFT0001554 Bank Draft 0.00 7,495.03 INV0000974 Invoice 09/11/2026 Medicare taxes 7,495.03 0.00 2241 IRS 09/11/2026 DFT0001555 Bank Draft 0.00 33,388.33 INV0000975 Invoice 09/11/2026 Federal taxes withheld 33,388.33 0.00 2240 Employment Development Department 09/11/2026 DFT0001556 Bank Draft 0.00 14,592.55 INV0000976 Invoice 09/11/2026 State Tax Payable 14,592.55 0.00 2241 IRS 09/11/2026 DFT0001557 Bank Draft 0.00 344.18
INV0000977 Invoice 09/11/2026 Social Security tax 344.18 0.00 0200 Balco Holdings, Inc. 09/03/2026 DFT0001558 Bank Draft 0.00 720.00 23168540 Invoice 09/01/2026 SERVICE CALL SI#4698493-Detector 720.00 0.00 2266 Comcast Holdings Corporation 09/03/2026 DFT0001560 Bank Draft 0.00 137.58 8155 40 005 031… Invoice 09/01/2026 Internet Svcs: Elect St Sign 8155 40 005 03… 137.58 0.00 2266 Comcast Holdings Corporation 09/03/2026 DFT0001561 Bank Draft 0.00 373.76 8155 40 005 040… Invoice 09/01/2026 Internet/Phone: 335 Rheem 8155 40 005 … 373.76 0.00 2247 Flex Technology Group LLC 09/03/2026 DFT0001562 Bank Draft 0.00 139.65 12 Monthly Check Report Date Range: 09/01/2026 - 09/30/2026 10/5/2026 12:44:51 PM Page 7 of 11
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Payable # Post Date Payable Description Payable Amount Payable Type Discount Amount INV377917 Invoice 09/01/2026 Copy Chrgs: P&R Contract CN31119-01 139.65 0.00 2247 Flex Technology Group LLC 09/03/2026 DFT0001563 Bank Draft 0.00 104.18 INV377916 Invoice 09/01/2026 Copy Chrg: PW Contract CN31791-01 104.18 0.00 2247 Flex Technology Group LLC 09/03/2026 DFT0001564 Bank Draft 0.00 98.51 INV383695 Invoice 09/01/2026 Copy Chrgs: Planning Contract CN31120-01 98.51 0.00 2247 Flex Technology Group LLC 09/03/2026 DFT0001565 Bank Draft 0.00 101.71 INV377918 Invoice 09/01/2026 Copy Charges: 329 Rheem Cont. CN31118… 101.71 0.00 1632 Pacific Gas & Electric 09/03/2026 DFT0001566 Bank Draft 0.00 3,121.58 8749324693-5 2… Invoice 09/01/2026 Electricity: Hacienda 2100 Donald 3,121.58 0.00 1632 Pacific Gas & Electric 09/03/2026 DFT0001567 Bank Draft 0.00 14,541.71 0190988489-0 2… Invoice 09/01/2026 Electricity: Bundled Street 2026-08 14,541.71 0.00 1632 Pacific Gas & Electric 09/03/2026 DFT0001568 Bank Draft 0.00 21.84 6905501381-2 2… Invoice 09/01/2026 Electricity: St/Sig 21.84 0.00 1945 Silicon Connections, LLC 09/03/2026 DFT0001569 Bank Draft 0.00 8,620.00 480078 Invoice 09/01/2026 IT Svcs: 2026.07 8,620.00 0.00 2133 U.S. Bank Equipment Finance 09/03/2026 DFT0001570 Bank Draft 0.00 252.33 590059010 Invoice 09/01/2026 Copier Lease: PD Cont: 500-0670316-000 252.33 0.00 2266 Comcast Holdings Corporation 09/17/2026 DFT0001573 Bank Draft 0.00 633.28 8155 40 005 019… Invoice 09/10/2026 Internet Svcs: 329 Rheem 8155 40 005 01… 633.28 0.00 2157 Verizon Wireless 09/17/2026 DFT0001575 Bank Draft 0.00 115.05 6152388630 Invoice 09/10/2026 PD/Code Enforcement Cell Phones 47124… 115.05 0.00 0579 De Lage Landen Financial Services, Inc. 09/17/2026 DFT0001576 Bank Draft 0.00 137.01 598464513 Invoice 09/10/2026 Copier Lease: PW Contract: 500-50470361 137.01 0.00 0200 Balco Holdings, Inc. 09/17/2026 DFT0001578 Bank Draft 0.00 385.55 23215054 Invoice 09/10/2026 Monitoring Fee Fire: Library 1500 St Marys… 0.00 385.55 0579 De Lage Landen Financial Services, Inc. 09/17/2026 DFT0001580 Bank Draft 0.00 371.80 598464582 Invoice 09/10/2026 Copier Lease: PL 500-50407071 2026.09 371.80 0.00 2157 Verizon Wireless 09/17/2026 DFT0001582 Bank Draft 0.00 240.06 6152388631 Invoice 09/10/2026 PD Data Cards Acct: 471243537-00005 20… 240.06 0.00 0200 Balco Holdings, Inc. 09/17/2026 DFT0001584 Bank Draft 0.00 114.00 23216203 Invoice 09/10/2026 Mon. Fee Fire: Hacienda 2100 Donald 202… 114.00 0.00 0200 Balco Holdings, Inc. 09/17/2026 DFT0001586 Bank Draft 0.00 289.48 23207247 Invoice 09/10/2026 Mon Fee Fire Council Chambers 335 Rhee… 289.48 0.00 0200 Balco Holdings, Inc. 09/17/2026 DFT0001588 Bank Draft 0.00 105.50 23192982 Invoice 09/10/2026 Sec. Alm Monit. Svcs: 335 Rheem 2026.09 105.50 0.00 0200 Balco Holdings, Inc. 09/17/2026 DFT0001590 Bank Draft 0.00 180.81 23185951 Invoice 09/10/2026 Sec Alm Mon Svc: 329 Rheem 2026.09 180.81 0.00 1632 Pacific Gas & Electric 09/17/2026 DFT0001602 Bank Draft 0.00 2,681.39 1463449238-4 2… Invoice 09/14/2026 Electricity 1463449238-4 2,681.39 0.00 1632 Pacific Gas & Electric 09/17/2026 DFT0001604 Bank Draft 0.00 5,595.72 6504888173-7 2… Invoice 09/14/2026 Electricity: Town Hall 329 Rheem 5,595.72 0.00 1632 Pacific Gas & Electric 09/17/2026 DFT0001606 Bank Draft 0.00 760.72 8367275694-3 2… Invoice 09/14/2026 Electricity: Council Chambers 335 Rheem 760.72 0.00 1632 Pacific Gas & Electric 09/17/2026 DFT0001608 Bank Draft 0.00 3,491.27 13 Monthly Check Report Date Range: 09/01/2026 - 09/30/2026 10/5/2026 12:44:51 PM Page 8 of 11
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Payable # Post Date Payable Description Payable Amount Payable Type Discount Amount 0751460593-5 2… Invoice 09/14/2026 Electric Library 1500 St Marys 3,491.27 0.00 1632 Pacific Gas & Electric 09/17/2026 DFT0001610 Bank Draft 0.00 200.16 9622927397-2 2… Invoice 09/14/2026 Electricity: Parks 200.16 0.00 0579 De Lage Landen Financial Services, Inc. 09/17/2026 DFT0001612 Bank Draft 0.00 32.45 598635689 Invoice 09/15/2026 Copier Lease Tax: PW 500-50470361 32.45 0.00 0579 De Lage Landen Financial Services, Inc. 09/17/2026 DFT0001614 Bank Draft 0.00 59.68 598635876 Invoice 09/15/2026 Copier Lease Tax: PL 500-50407071 59.68 0.00 0579 De Lage Landen Financial Services, Inc. 09/17/2026 DFT0001616 Bank Draft 0.00 40.06 598634990 Invoice 09/15/2026 Copier Lease Tax: PR 500-50407083 40.06 0.00 0579 De Lage Landen Financial Services, Inc. 09/17/2026 DFT0001618 Bank Draft 0.00 65.13 598635010 Invoice 09/15/2026 Copier Lease Tax: 329 Rheem 500-504070… 65.13 0.00 1632 Pacific Gas & Electric 09/16/2026 DFT0001633 Bank Draft 0.00 115.06 5255041609-4 2… Invoice 09/14/2026 Electricity Hacienda Pavilion 2100 Donald 115.06 0.00 1632 Pacific Gas & Electric 09/16/2026 DFT0001634 Bank Draft 0.00 76.03 7234145569-8 2… Invoice 09/14/2026 Electricity: Hacienda LaSala 2100 Donald 76.03 0.00 1632 Pacific Gas & Electric 09/16/2026 DFT0001635 Bank Draft 0.00 175.09 6440793656-2 2… Invoice 09/14/2026 Electricity: Streets/Signals 175.09 0.00 1632 Pacific Gas & Electric 09/16/2026 DFT0001636 Bank Draft 0.00 191.45 8650812145-5 2… Invoice 09/14/2026 Electricity: Hacienda Casita 2100 Donald 191.45 0.00 2242 Mission Square Retirement Trust 09/25/2026 DFT0001637 Bank Draft 0.00 1,271.04 INV0001011 Invoice 09/25/2026 401A Employer Contribution 1,271.04 0.00 2242 Mission Square Retirement Trust 09/25/2026 DFT0001638 Bank Draft 0.00 2,350.96 INV0001012 Invoice 09/25/2026 401A Employee Contribution 2,350.96 0.00 2242 Mission Square Retirement Trust 09/25/2026 DFT0001639 Bank Draft 0.00 1,822.99 INV0001013 Invoice 09/25/2026 Employee 457 Contribution 1,822.99 0.00 0210 BASIC Benefits LLC 09/25/2026 DFT0001640 Bank Draft 0.00 865.38 INV0001014 Invoice 09/25/2026 DCAP Employee Contribution 865.38 0.00 2242 Mission Square Retirement Trust 09/25/2026 DFT0001641 Bank Draft 0.00 10,306.21 INV0001015 Invoice 09/25/2026 457 Employee Contribution 10,306.21 0.00 0210 BASIC Benefits LLC 09/25/2026 DFT0001642 Bank Draft 0.00 1,019.89 INV0001016 Invoice 09/25/2026 FSA Employee Contribution 1,019.89 0.00 0338 CalPERS 09/25/2026 DFT0001643 Bank Draft 0.00 5,026.98 INV0001017 Invoice 09/25/2026 Misc Classic Employee Contribution 5,026.98 0.00 0338 CalPERS 09/25/2026 DFT0001644 Bank Draft 0.00 3,619.42 INV0001018 Invoice 09/25/2026 Misc Classic Employer Contribution 3,619.42 0.00 0338 CalPERS 09/25/2026 DFT0001645 Bank Draft 0.00 7.44 INV0001019 Invoice 09/25/2026 Misc Classic PERS Survivor Benefits Emplo… 7.44 0.00 0338 CalPERS 09/25/2026 DFT0001646 Bank Draft 0.00 86.62 INV0001020 Invoice 09/25/2026 Misc Classic PERS Service Credit 86.62 0.00 0338 CalPERS 09/25/2026 DFT0001647 Bank Draft 0.00 6,379.84 INV0001021 Invoice 09/25/2026 Misc PEPRA Employee Contribution 6,379.84 0.00 0338 CalPERS 09/25/2026 DFT0001648 Bank Draft 0.00 6,528.02 INV0001022 Invoice 09/25/2026 Misc PEPRA Employer Contribution 6,528.02 0.00 0338 CalPERS 09/25/2026 DFT0001649 Bank Draft 0.00 16.74 14 Monthly Check Report Date Range: 09/01/2026 - 09/30/2026 10/5/2026 12:44:51 PM Page 9 of 11
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Payable # Post Date Payable Description Payable Amount Payable Type Discount Amount INV0001023 Invoice 09/25/2026 Misc PEPRA PERS Survivor Benefits Emplo… 16.74 0.00 0338 CalPERS 09/25/2026 DFT0001650 Bank Draft 0.00 110.60 INV0001024 Invoice 09/25/2026 Misc PEPRA PERS Service Credit 110.60 0.00 2243 Moraga Police Managers Association 09/25/2026 DFT0001651 Bank Draft 0.00 70.00 INV0001025 Invoice 09/25/2026 MPMA Dues 70.00 0.00
1531 Moraga Police Officers Assn 09/25/2026 DFT0001652 Bank Draft 0.00 350.00 INV0001026 Invoice 09/25/2026 MPOA Dues 350.00 0.00
2242 Mission Square Retirement Trust 09/25/2026 DFT0001653 Bank Draft 0.00 2,838.30 INV0001027 Invoice 09/25/2026 ROTH 457 Employee Contribution 2,838.30 0.00 0338 CalPERS 09/25/2026 DFT0001654 Bank Draft 0.00 6,385.27 INV0001028 Invoice 09/25/2026 Safety Classic Employee Contribution 6,385.27 0.00 0338 CalPERS 09/25/2026 DFT0001655 Bank Draft 0.00 7,942.28 INV0001029 Invoice 09/25/2026 Safety Classic Employer Contribution 7,942.28 0.00 0338 CalPERS 09/25/2026 DFT0001656 Bank Draft 0.00 6.51 INV0001030 Invoice 09/25/2026 Safety Classic PERS Survivor Benefits Empl… 6.51 0.00 0338 CalPERS 09/25/2026 DFT0001657 Bank Draft 0.00 4,721.25 INV0001031 Invoice 09/25/2026 Safety PEPRA Employee Contribution 4,721.25 0.00 0338 CalPERS 09/25/2026 DFT0001658 Bank Draft 0.00 4,776.18 INV0001032 Invoice 09/25/2026 Safety PEPRA Employer Contribution 4,776.18 0.00 0338 CalPERS 09/25/2026 DFT0001659 Bank Draft 0.00 4.65 INV0001033 Invoice 09/25/2026 Safety PEPRA PERS Survivor Benefits Empl… 4.65 0.00 0335 California State Disbursement Unit 09/25/2026 DFT0001660 Bank Draft 0.00 410.76 INV0001034 Invoice 09/25/2026 Child Support Payable 410.76 0.00 2241 IRS 09/25/2026 DFT0001661 Bank Draft 0.00 7,475.94 INV0001035 Invoice 09/25/2026 Medicare taxes 7,475.94 0.00 2241 IRS 09/25/2026 DFT0001662 Bank Draft 0.00 33,600.19 INV0001036 Invoice 09/25/2026 Federal taxes withheld 33,600.19 0.00 2240 Employment Development Department 09/25/2026 DFT0001663 Bank Draft 0.00 14,156.01 INV0001037 Invoice 09/25/2026 State Tax Payable 14,156.01 0.00 2241 IRS 09/25/2026 DFT0001664 Bank Draft 0.00 692.40
INV0001038 Invoice 09/25/2026 Social Security tax 692.40 0.00 0319 California Choice Benefit Administrators 09/17/2026 DFT0001669 Bank Draft 0.00 58,411.67 5215933 Invoice 09/28/2026 Medical Insurance: 2026.10 58,411.67 0.00 2141 Unum Life Insurance Co. 09/17/2026 DFT0001673 Bank Draft 0.00 3,956.79 0425163-001 20… Invoice 09/28/2026 Disability Insurance: 2026.10 3,956.79 0.00 0338 CalPERS 09/17/2026 DFT0001681 Bank Draft 0.00 700.00 100000018423778 Invoice 09/28/2026 GASB-68 Rprt Svcs Fee: Msmt Date 2026.0… 700.00 0.00 0800 Geo-Engineering Solutions, Inc 09/30/2026 DFT0001693 Bank Draft 0.00 297.50 G2608-025 Invoice 09/28/2026 D25-025 Letter Preparation 297.50 0.00 1632 Pacific Gas & Electric 09/03/2026 DFT0001743 Bank Draft 0.00 165.68 3675757343-5 2… Invoice 09/01/2026 Electricity: St/Sig 165.68 0.00 2132 U.S. Bank Corporate Payment Systems 09/30/2026 DFT0001746 Bank Draft 0.00 22,473.42 2026.09 Invoice 09/16/2026 Credit Card Payment: 2026.09 22,473.42 0.00 2019 Suburban Propane-1645 09/30/2026 DFT0001747 Bank Draft 0.00 213.70 15 Monthly Check Report Date Range: 09/01/2026 - 09/30/2026 10/5/2026 12:44:51 PM Page 10 of 11
Vendor Number Vendor Name Payment Date Discount Amount Payment Type Payment Amount Number Payable # Post Date Payable Description Payable Amount Payable Type Discount Amount 1645-228089 Invoice 07/21/2026 PROPANE 213.70 0.00
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code AP Bank Summary
Bank Drafts
EFT's
86 0
0 99
0 0.00

0.00 0.00

0.00 0.00
185 0.00
Payment
1,037,266.29

0.00 0.00
375,390.46

0.00 1,412,656.75
Payable
Count
121
0 0
99 0
220
16 Attachment A
________________________________________________________________________________ Town Council, Regular Meeting 1 September 09, 2026

TOWN OF MORAGA

TOWN COUNCIL

REGULAR MEETING
WEDNESDAY, SEPTEMBER 09, 2026
DRAFT

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, Kerry Hillis.

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS
3A. Proclamation - Ovarian Cancer Awareness Month
Councilmembers read the proclamation aloud.

Liz McLaughin provided comment.

Councilmembers provided additional comments.
3B. Proclamation – National Hispanic-Latino Heritage Month Councilmembers read the proclamation aloud.

There were no public comments.

4. PUBLIC COMMUNICATION
Teresa Onoda provided public comment.

5. ADOPTION OF MEETING AGENDA
17 Attachment A
________________________________________________________________________________ Town Council, Regular Meeting 2 September 09, 2026
ACTION:

Motion: Dolan / Second: Maglio
The meeting agenda was adopted as presented.

Vote: (4-0-1; Woehleke absent)
There were no public comments.

6. CONSENT CALENDAR
A. Consideration of Consent Items Removed for Discussion Mayor Hillis pulled Consent Calendar item 6.5 for questions and comments.

Vice Mayor Dolan pulled Consent Calendar item 6.6 for questions and comments.

Consent Item 6.5:

Mayor Hillis invited Parks & Recreation Manager, Jasmine Bateson to provide comments regarding this item.

Councilmembers provided additional comments.

Consent Item 6.6:

Vice Mayor Dolan invited attendees to provide public comment.

Nancy Kendzierski, Larry Jacobs, Martha White and Megan Donnelly provided public comment.

Councilmembers provided additional comments.

ACTION:

Motion: Dolan / Second: Maglio
Consent Calendar Item 6.5 was approved as presented.

Vote: (4-0-1; Woehleke absent)
ACTION:

Motion: Maglio / Second: Dolan
Consent Calendar Item 6.6 was approved as presented.

Vote: (4-0-1; Woehleke absent)
B. Acceptance of Consent Items
ACTION:

Motion: Thiel / Second: Maglio
Approved Consent Calendar items 6.1 – 6.4 as presented.

Vote: (4-0-1; Woehleke absent)
There were no public comments.

6.1 Approval of Meeting Minutes for the July 8, 2026 Regular and Special meetings of the Moraga Town Council and the July 16, 2026 Lamorinda Tri Cities Special meeting.

6.2 By minute order, designate Mayor Kerry Hillis to serve as the Voting Delegate and Vice Mayor Brian Dolan and Councilmember Lisa Maglio to serve as Alternate Delegates at the September 23-25, 2026 Cal Cities Annual Conference General Assembly/Business Meeting.
18 Attachment A
________________________________________________________________________________ Town Council, Regular Meeting 3 September 09, 2026

6.3 Review and accept the Local Sales Tax Oversight Committee’s Independent Report to the Town Council regarding the sources and uses of the Measure K Transactions and Use Tax for Fiscal Year 2024-25.

6.4 Adopt a Resolution:

1. Accepting the All-Access Playground Resurfacing Project (CIP 25-303) as complete;

2. Authorizing the Town Manager to execute the Certificate of Completion; and

3. Authorizing the Town Engineer to record the Resolution of Acceptance and executed Certificate of Completion with the Contra Costa County Recorder.

6.5 Adopt a Resolution authorizing the acceptance of a $165,998 California Highway Patrol Cannabis Grant for Fiscal Year 2026-27 to fund the purchase and equipping of a patrol vehicle and enforcement activities related to drivers who are operating their vehicle while under the influence.

7. ANNOUNCEMENTS AND REPORTS ON ACTIVITIES
A. Councilmember Reports on AB1234 Activities, Councilmember Announcements Councilmember Thiel Attended the Pear Sculpture installation and announced the ribbon cutting ceremony planned for September 26, 2026 at 10:30am at Moraga Commons Park.

Vice Mayor Dolan Attended the Contra Costa County Mayors Conference at the Moraga Country Club.

Councilmember Maglio Nothing to report.

Councilmember Woehleke Absent.

Mayor Hillis Thanked Town Staff for their support managing the Contra Costa County Mayors Conference.

B. Town Manager
Town Manager Mitnick Announced the upcoming Joint Parks & Recreation Commission and Town Council Study Session scheduled immediately following the September 9, 2026 Regular Town Council meeting; announced the date of the next regular meeting on October 14, 2026 and tentative meeting topics; gave a brief comment on economic development news, in particular regarding Palos Colorados; provided an estimated timeframe for the Grocery Outlet opening and updates regarding the construction; provided an update on the 1600 School Street project and provided comments regarding the Contra Costa County Mayors Conference, in particular thanking town staff.

8. PUBLIC HEARING
None.

9. DEPARTMENT REPORTS
None.
19 Attachment A
________________________________________________________________________________ Town Council, Regular Meeting 4 September 09, 2026

10. COUNCILMEMBER REQUESTS FOR FUTURE AGENDA ITEMS
None.

11. INFORMATIONAL ITEMS
None.

12. TOWN MANAGER FOLLOW-UP AND ANNOUNCEMENTS
Town Manager Mitnick acknowledged 9/11. Mayor Hillis commented on the Town of Danville’s 9/11 memorial service.

13. ADJOURNMENT
Mayor Hillis adjourned the Town Council Regular meeting at 6:22 PM.

Respectfully submitted by:
__________________________________
Amy Heavener, CMC
Town Clerk
Approved by the Town Council:
__________________________
Kerry Hillis, Mayor
20 Attachment B
________________________________________________________________________________ Town Council and Parks & Rec; Joint Special Meeting 1 September 09, 2026

TOWN OF MORAGA

TOWN COUNCIL

SPECIAL JOINT MEETING
DRAFT
WEDNESDAY, SEPTEMBER 09, 2026

MINUTES
6:30 PM
The following are minutes of the actions taken by the Town of Moraga Town Council and Parks and Recreation Commission. 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 special meeting was called to order at 6:32 PM by Mayor, Kerry Hillis.

ROLL CALL
Councilmembers Present: Mayor Kerry Hillis, Vice Mayor Brian Dolan Councilmembers Lisa Maglio and Graham Thiel
Councilmembers Absent: Steve Woehleke
Staff Present: Town Manager, Scott Mitnick, Assistant Town Attorney, Denise Bazzano; Town Clerk, Amy Heavener; Administrative Services Director, Katie Bruner; Parks & Recreation Director, Mackenzie Brady; Police Chief, Jon King
Parks & Recreation Commissioners Present: Chair Rob Pierson, Vice Chair Gian Panetta Commissioners Michele Barar, Graig Crossley, Scott Parker, Julie Sanders and Steve Smith
Parks & Recreation Commissioners Absent: None.

2. PUBLIC COMMUNICATION
None.

3. SPECIAL MEETING
3A. Hold a joint study session to review the Parks, Recreation, and Open Space (PROS) Master Plan draft recommendations; provide direction on proposed revisions; and identify priorities to guide preparation of the Draft PROS Master Plan.

Parks and Recreation Director, Mackenzie Brady introduced presenters Madison Merrill and Peter Winch from WRT who presented the item.

Town Council members and Parks & Recreation Commissioners asked clarifying questions. 21 Attachment B
________________________________________________________________________________ Town Council and Parks & Rec; Joint Special Meeting 2 September 09, 2026 Parks & Recreation Director, Mackenzie Brady, Town Manager, Scott Mitnick and WRT provided additional clarification to Council and Commissioner questions.

David Lorie, Lynda Deschambault and Brad Hoover provided public comments.

Mayor Hillis called for a five-minute recess at 8:18 PM in order to assist a member of the public with their remote capabilities.

Town Council and Parks & Recreation Joint Special Meeting Recessed at 8:18 PM.

Town Council and Parks & Recreation Joint Special Meeting Reconvened at 8:26 PM.

Town Council members and Parks & Recreation Commissioners provided deliberations on the first part of the presentation.

Commissioners Crossly and Pierson as well as Mayor Hillis recused themselves for the remainder of the presentation due to their homes’ proximity to Mulholland Ridge and The Hacienda.

Vice Mayor Dolan presided over the remainder of the meeting.

Madison Merrill and Peter Winch from WRT presented the remainder of the item.

Town Council members and Parks & Recreation Commissioners asked clarifying questions.

There were no public comments.

Town Council members and Parks & Recreation Commissioners provided final deliberations.

NO ACTION REQUIRED ; DISCUSSION ITEM ONLY.

4. ADJOURNMENT
Mayor Hillis adjourned the Town Council Special meeting at 9:17 PM.

Respectfully submitted by:
__________________________________
Amy Heavener, CMC
Town Clerk
Approved by the Town Council:
__________________________
Kerry Hillis, Mayor
22 CONSENT CALENDAR: 6.3
To: Honorable Mayor and Councilmembers
From: Katie Bruner, Administrative Services Director
Subject: Adoption of Ordinance Repealing and Replacing Moraga Municipal Code Chapter 2.08 (Town Manager)
Meeting Date: October 14, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Waive the second reading and adopt an ordinance repealing and replacing Chapter 2.08 (Town Manager) of the Moraga Municipal Code (MMC) allowing the Town Manager to appoint the Town Treasurer and find the Ordinance Exempt from CEQA pursuant to Section 15061(b) (3) of the CEQA Guidelines.

BACKGROUND
Town Treasurer
For General Law cities and towns, California State Government Code Section 36501 requires a City/Town Treasurer, with the role of this position defined by State Government Code Sections 41001-41007. A municipal Treasurer may be elected, appointed, or filled by a staff member.

Dating back to 2011, the Chair of the Moraga Audit and Finance Committee (AFC) has served as the Town Treasurer, as outlined in the AFC Charter (Attachment D). Currently, the Chair of the AFC serves as Town Treasurer, with the following duties outlined in the current AFC Charter:

1. Serve as Chairperson of the AFC.

2. Work with the Administrative Services Director to establish AFC meeting agendas.

3. Follow up on specific tasks as requested by the AFC or directed by the Town Council.

California State Government Code 41001-41007 defines the role of the City Treasurer, including managing the Town’s funds and investments, which is currently performed by the 23 Administrative Services Director.

The Moraga Municipal Code Section 2.08.070 currently states the Town Manager shall:
"Appoint, remove, promote and demote each officer and employee of the town, excepting the town attorney, town auditor and town treasurer, subject to personnel ordinances, rules and regulations."
On August 26, 2026, Town Council waived the first reading and introduced by title an update to the Town Manager ordinance, as included in Attachments A and B. On August 26, 2026, the Town Council also approved changes to the Audit and Finance Committee (AFC) charter, making the AFC a subcommittee of the Town Council.

DISCUSSION
Town Treasurer
The recommended change to MMC 2.08.070 removes the Town Treasurer from the list of exceptions of positions the Town Manager is allowed to appoint. This change will allow the Town Manager to appoint the Town Treasurer as a staff person, specifically the Administrative Services Director.

Of the 19 Contra Costa cities/towns, the treasurer role is filled by staff in 10 of them, including Orinda, Lafayette, and Danville. Seven cities have an elected treasurer. The City of Clayton and Town of Moraga have a treasurer appointed by the City/Town Council.

FISCAL IMPACT
There is no direct fiscal impact associated with this item.

CEQA COMPLIANCE
The proposed Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15061(b)(3) of the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance and Policy may have a significant effect on the environment since they both make administrative changes.

ALTERNATIVES

1. Waive the second reading and adopt the prepared ordinance with changes;

2. Do not adopt the waive the second reading and do not adopt the prepared ordinance and provide direction to staff.

NEXT STEPS
If approved, the ordinance will be effective November 14, 2026. 24 ATTACHMENTS
Attachment A - Proposed Ordinance Repealing and Replacing Chapter 2.08 Attachment B - MMC 2.08.070 - Town Treasurer REDLINED
25 Attachment A
Ordinance No. 1 October 14, 2026

TOWN OF MORAGA

TOWN COUNCIL
ORDINANCE NO.

AN ORDINANCE OF THE TOWN OF MORAGA REPEALING AND
REPLACING MORAGA MUNICIPAL CODE CHAPTER 2.08 (TOWN
MANAGER); AND FINDING THE ORDINANCE EXEMPT FROM REVIEW
PURSUANT TO SECTIONS 15061(B)(3) OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
The Town Council of the Town of Moraga does hereby ordain and find as follows:

SECTION 1. CEQA
The proposed ordinance is exempt from the California Environmental Quality Act (“CEQA”), in that the adoption of amendments to Chapter 2.08 herein described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).

SECTION 2. REPEAL AND REPLACE: Moraga Municipal Code Chapter 2.08, “Town Manager” within Title 2, “Administration and Personnel” is deleted in its entirety and replaced with the following:
“Chapter 2.08 Town Manager

2.08.010 Office created.

The office of the town manager is created. The town council appoints the town manager and shall make the appointment wholly on the basis of his or her administrative and executive ability and qualifications. The town manager holds office at the pleasure of the town council.

2.08.020 Reserved.

2.08.030 Eligibility.

A member of the town council is not eligible for appointment as town manager until one year elapses after the council member ceases to be a member of the council.

2.08.040 Bond.

The town council, in its discretion, may require the town manager or acting town manager to furnish a corporate surety bond approved by the town council in such sum as the town council determines. The bond shall be conditioned upon the faithful 26 Ordinance No. 2 October 14, 2026
performance of the duties imposed upon the town manager and acting town manager.

The premium for the bond is a proper charge against the town.

2.08.050 Acting town manager.

The assistant town manager serves as manager pro tempore during the temporary absence or disability of the town manager. If there is no assistant town manager, the town manager shall designate a qualified town employee to exercise the powers and perform the duties of town manager during his or her temporary absence or disability by filing a written notice with the town clerk. If the town manager's absence or disability extends over two months, the town council may appoint an acting town manager.

2.08.060 Compensation.

The town manager receives such compensation as the town council determines from time to time.

The town manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his or her official duties, except as otherwise provided by the town council.

2.08.070 Powers and duties.

The town manager is the administrative head of the government of the town, subject to the direction and control of the town council. He or she is responsible for the efficient administration of all the affairs of the town which are under his or her control. In addition to his or her general powers as administrative head and not as a limitation on them, the town manager shall:

A. Enforce the laws and ordinances of the town and see that the franchises, contracts, permits and privileges granted by the council are faithfully observed; B. Control, order and give directions to all heads of departments and to subordinate officers and employees of the town who are subject to removal by him or her;
C. Appoint, remove, promote and demote each officer and employee of the town, excepting the town attorney, and town auditor, subject to personnel ordinances, rules and regulations;
D. Conduct studies and effect such administrative reorganization of offices, positions and units under his direction as are in the interest of efficient, effective and economical conduct of the town's business; E. Recommend to the council for adoption such measures and ordinances as he or she considers necessary;
F. Attend all meetings of the council unless he or she is excused by the mayor individually or the council, except when his or her removal is under consideration;
27 Ordinance No. 3 October 14, 2026
G. Keep the council advised at all times as to the financial condition and needs of the town;
H. Prepare and submit the proposed annual budget and the proposed annual salary plan to the council for its approval;
I. See that no expenditures are submitted or recommended to the council except on approval of the town manager or his or her authorized representative. The town manager or his or her authorized representative is responsible for the purchase of all supplies for all the departments and divisions of the town; J. Make investigations into the affairs of the town and each department and division of it and each contract and its proper performance by the town. The town manager shall investigate all complaints of matters concerning the administration of the town government and of the service maintained by public utilities in the town;
K. Exercise general supervision over all public buildings, public parks and all other public property under the control and jurisdiction of the council; L. Perform such other duties and exercise such other powers as the town council delegates to him or her from time to time.

2.08.080 Council-manager relations.

Each member of the town council shall deal with the administrative services of the town through the town manager, except for purposes of inquiry. Neither the council nor a member of the council shall give orders or instructions to subordinates of the town manager. The town manager shall take his or her orders and instructions from the council only when the council is sitting in a duly convened meeting and no individual councilman shall give orders or instructions to the town manager.

2.08.090 Departmental cooperation.

Each subordinate officer and the town clerk, town auditor, town treasurer and the town attorney shall assist the town manager in administering the affairs of the town efficiently, economically and harmoniously.

2.08.100 Attendance at commission meetings.

The town manager may, and upon request of the town council shall, attend meetings of the planning commission, other commissions, boards and committees created by the council. At these meetings which the town manager attends, boards or committees shall hear the town manager upon matters which he or she wishes to address the members, and he or she shall inform the members as to the status of matters being considered by the council. He or she shall cooperate to the fullest extent with the members of each commission, board and committee appointed by the council. 28 Ordinance No. 4 October 14, 2026

2.08.110 Removal of town manager.

The town manager may be removed only by a majority vote of the whole town council as then constituted, convened in a regular council meeting, subject to Sections

2.08.120 through 2.08.150. In case of his or her removal by the council, the council shall furnish the town manager with a written notice stating the council's intention to remove him or her at least ninety (90) days during his first year of employment, and thirty (30) days thereafter, before the effective date of his or her removal. If the town manager so requests, the council shall provide in writing reasons for the intended removal. The council shall provide the town manager with these written reasons within seven days after the receipt of a request from the town manager. The town manager shall make his or her request for the reasons in writing at least fifteen (15) days before the effective date of his or her removal.

2.08.120 Removal hearing.

Within seven days after the delivery to the town manager of the notice of intention to remove, the town manager may request a hearing before the council by filing written notice with the town clerk. Thereafter, the council shall fix a time for the hearing. The council shall hold the hearing at its usual meeting place, before the effective date of the intended removal. At the hearing, the town manager may appear and be heard with or without counsel. The purpose of the hearing is to allow the town manager to present to the council his or her grounds of opposition to his removal before the council acts.

2.08.130 Suspension pending hearing.

After furnishing the town manager with written notice of intended removal, the council may suspend him or her from duty, but his or her compensation continues until the effective date of his or her removal by action of the council taken after the hearing referred to in Section 2.08.120.

2.08.140 Discretion of council.

In removing the town manager, the council has absolute discretion and its action is final and conclusive and does not depend upon any particular showing or degree of proof at the hearing.
29 2.08.150 Limitation on removal.

Notwithstanding Sections 2.08.110 through 2.08.140, the town manager may not be removed from office, other than for misconduct in office, during the period of ninety (90) days following: (1) a general municipal election held in the town at which a member of the town council is elected; or (2) the time when a new town councilmember is appointed. The purpose of this section is to allow each newly elected or appointed member of the council or a reorganized council to observe the actions and ability of the town manager in the performance of the powers and duties of his or her office.

2.08.160 Agreements on employment.

This chapter is not a limitation on the power or authority of the town council to enter into a supplemental agreement with the town manager delineating additional terms and conditions of employment not inconsistent with those sections.”
SECTION 3: PUBLICATION.

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

SECTION 4: SEVERABILITY
The Town Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.

SECTION 5: EFFECTIVE DATE
This Ordinance shall become effective thirty days after adoption.

Ordinance No. 6 October 14, 2026
30 Attachment B

Page 1 of 1 ends

2.08.070 Powers and duties.

A. Enforce the laws and ordinances of the town and see that the franchises, contracts, permits and privileges granted by the council are faithfully observed; B. Control, order and give directions to all heads of departments and to subordinate officers and employees of the town who are subject to removal by him or her; C. Appoint, remove, promote and demote each officer and employee of the town, excepting the town attorney, town auditor and town treasurer, subject to personnel ordinances, rules and regulations; D. Conduct studies and effect such administrative reorganization of offices, positions and units under his direction as are in the interest of efficient, effective and economical conduct of the town's business; E. Recommend to the council for adoption such measures and ordinances as he or she considers necessary;
F. Attend all meetings of the council unless he or she is excused by the mayor individually or the council, except when his or her removal is under consideration;
G. Keep the council advised at all times as to the financial condition and needs of the town; H. Prepare and submit the proposed annual budget and the proposed annual salary plan to the council for its approval;
I. See that no expenditures are submitted or recommended to the council except on approval of the town manager or his or her authorized representative. The town manager or his or her authorized representative is responsible for the purchase of all supplies for all the departments and divisions of the town;
J. Make investigations into the affairs of the town and each department and division of it and each contract and its proper performance by the town. The town manager shall investigate all complaints of matters concerning the administration of the town government and of the service maintained by public utilities in the town;
K. Exercise general supervision over all public buildings, public parks and all other public property under the control and jurisdiction of the council;
L. Perform such other duties and exercise such other powers as the town council delegates to him or her from time to time.
(Prior code § 2-107)
31 CONSENT CALENDAR: 6.4
To: Honorable Mayor and Councilmembers
From: Nate Levine, Public Works Director/Town Engineer
Subject: Award of a Professional Services Agreement and Approval of an Updated Project Budget for the School Street Feasibility, Concept Development, and Implementation Study (CIP 25-402)
Meeting Date: October 14, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Adopt a Resolution:

1. Authorizing the Town Manager to execute a Professional Services Agreement with KimleyHorn and Associates, Inc. for the School Street Feasibility, Concept Development, and Implementation Study (CIP 25-402), in a contract amount not to exceed $454,121.66 and authorizes a 10% Town-held contingency of $45,412.17, for total project authority not to exceed $499,533.83;

2. Authorizing the Town Manager or designee to approve additional study services and related agreement amendments using the contingency within the approved total authorization;

3. Approving the proposed CIP 25-402 budget revision (Attachment C), which funds the study with the $600,000 grant and removes the previously programmed Measure J funding; and

4. Finding that the feasibility and planning study is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15306 (Information Collection).

BACKGROUND
On January 27, 2010, the Town Council adopted the Moraga Center Specific Plan (MCSP).

The School Street project is intended to advance the MCSP’s circulation and multimodal connections.

The School Street Complete Streets Project (CIP 25-402) is included in the Town’s Capital Improvement Program (CIP). The project extends from Moraga Way to St. Mary’s Road, as 32 shown on the project location map (Attachment B). The CIP identifies improvements to this collector street and regional trail corridor, including a continuous multi-use path, sidewalks, bicycle facilities, roadway realignment, and intersection improvements to better serve all users. The adopted CIP identifies funding for preliminary study and conceptual layouts; future implementation remains unfunded.

To support the Town’s goals and CIP project, the Town sought and received a $600,000 federal Surface Transportation Block Grant (STBG), administered by the Metropolitan Transportation Commission (MTC), for the School Street feasibility, concept development, and implementation study. The study will evaluate whether and how the planned improvements can be implemented, including the effects on Moraga Center circulation, shopping center access, property requirements, utilities, and environmental resources.

On June 4, 2026, the Town issued a Request for Proposals and Qualifications for the study, with proposals due July 8, 2026.

DISCUSSION
Staff recommends awarding the contract to Kimley-Horn based on the firm’s understanding of the project and its approach to evaluating circulation, engineering, survey, right-of-way, utility, environmental, and cost considerations needed to implement the project.

The study will help the Town select a feasible concept and identify the work and funding needed to implement it. It will evaluate the School Street extension and connection alternatives at St. Mary’s Road/Moraga Road, circulation, shopping center access, and pedestrian and bicycle connections in Moraga Center. It will also identify property, utility, and environmental constraints affecting the project’s alignment and cost.

The proposed scope of work, included in the Professional Services Agreement (Attachment C), includes:

1. Existing conditions and constraints: review available records, collect traffic data, prepare topographic survey and property and utility mapping, and identify constraints affecting potential improvements;
2 . Concept alternatives and circulation: develop and compare alternatives, evaluate changes in travel patterns and shopping center access, and assess safety, pedestrian and bicycle connectivity, and key intersection operations;
3 . Property and agency coordination: coordinate with affected property owners and agencies and develop planning-level right-of-way cost estimates to inform alternatives comparison and the project cost estimate;
4 . Preliminary environmental assessment: identify environmental constraints, additional technical studies, and the environmental review and permitting requirements for future improvements; and
5 . Preferred concept and implementation plan: prepare preliminary concept plans, a construction and related project cost estimate, an implementation and funding roadmap, and a final study report.
33 Staff recommends awarding the complete scope of services for $454,121.66, with a 10% contingency for limited scope refinements or related study services. Use of the contingency would require written Town authorization.

The consultant anticipates up to 11 months to complete the study. Staff is coordinating with MTC to extend the current March 31, 2027 grant completion deadline to accommodate the study schedule.

FISCAL IMPACT
The consultant fee is $454,121.66. A 10% Town-held contingency of $45,412.17 brings total requested authority to $499,533.83. The proposed authorization is within the $600,000 federal STBG grant established by the executed MTC supplement.

The $600,000 grant fully funds consultant services, the proposed contingency, and Town staff time for the study. Staff recommends approving the proposed CIP 25-402 budget revision (Attachment D), which removes the previously programmed Measure J funding.

The award funds the planning and conceptual study. Future design, property acquisition, and construction costs will be refined through the study and addressed through subsequent CIP, funding, and Town Council decisions.

CEQA COMPLIANCE
The recommended action authorizes feasibility, information collection, and conceptual planning services and is exempt from CEQA pursuant to CEQA Guidelines section 15306 (Information Collection). It does not approve construction of any improvements. The study will evaluate environmental constraints and identify the appropriate environmental review and permitting requirements for a future project. Environmental review would be completed before approval of future improvements, as applicable.

ALTERNATIVES

1. Adopt the Resolution with modifications; or

2. Direct staff to negotiate with the next-ranked firm; or

3. Do not adopt the Resolution and provide direction to staff. Delaying the award would also require revisiting the study schedule and grant completion deadline.

NEXT STEPS
If the Resolution is adopted, staff will implement the approved CIP funding revision, finalize and execute the agreement with Kimley-Horn, and issue a Notice to Proceed to begin the study.
34 ATTACHMENTS
Attachment A - Draft Resolution
Attachment B - Project Location Map
Attachment C - Federal PSA Revised Draft
Attachment D - Proposed CIP 25-402 Revision
35 Attachment A
______________________________________________________________________ Resolution No. xx-2026 1 October 14, 2026

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. XX-2026

AUTHORIZING THE TOWN MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC.

FOR THE SCHOOL STREET FEASIBILITY, CONCEPT DEVELOPMENT, AND IMPLEMENTATION STUDY (CIP 25-402) IN A TOTAL AMOUNT NOT TO EXCEED $454,121.66
WHEREAS, the School Street Complete Streets Project (CIP 25-402) extends from Moraga Way to St. Mary’s Road. The CIP identifies improvements to this collector street and regional trail corridor, including a continuous multi-use path, sidewalks, bicycle facilities, roadway realignment, and intersection improvements to better serve all users;
WHEREAS, the Town sought and received a $600,000 Federal Surface Transportation Block Grant (STBG), administered by the Metropolitan Transportation Commission (MTC), for the School Street feasibility, concept development, and implementation study;
WHEREAS, the Town issued a Request for Proposals and Qualifications on June 4, 2026, for the study with proposals due July 8, 2026; WHEREAS, the Town received three proposals. After reviewing proposals, conducting interviews, and completing reference checks, the Town ranked Kimley-Horn first;
WHEREAS, staff recommends awarding the contract based on the firm’s understanding of the project and its approach to evaluating circulation, engineering, survey, right-of-way, utility, environmental, and cost considerations needed to implement the project;
WHEREAS, staff recommends awarding the professional services agreement in the amount of $454,121.66, plus a 10% contingency for limited scope refinements or related study services. Use of the contingency would require written Town authorization; and
WHEREAS, the adopted Fiscal Year 2025-26 and Fiscal Year 2026-27 Capital Improvement Program for CIP 25-402 includes funding from Measure J. The Town also secured a $600,000 Federal Surface Transportation Block Grant (STBG), administered by the Metropolitan Transportation Commission (MTC), to support the School Street feasibility, concept development, and implementation study; and NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Moraga as follows:
36 Attachment A
______________________________________________________________________ Resolution No. xx-2026 2 October 14, 2026

1. Authorizes the Town Manager to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. for the School Street Feasibility, Concept Development, and Implementation Study (CIP 25-402), in a contract amount not to exceed $454,121.66 and authorizes a 10% Town-held contingency of $45,412.17, for total project authority not to exceed $499,533.83.

2. Authorizes the Town Manager or designee to approve additional study services and related agreement amendments using the contingency within the approved total authorization, if necessary.

3. Finds the feasibility and planning study is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15306 (Information Collection).

4. Authorizes the proposed CIP 25-402 budget revision, which funds the study with the $600,000 grant and removes the previously programmed Measure J funding.

5. Authorizes the Town Manager and Town staff to take all actions necessary to implement this Resolution, including execution of the agreement and any minor non-substantive revisions approved by the Town Manager and Town Attorney. 37 Attachment B
38 Attachment C
Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into as of the day of October 14, 2026, by and between the TOWN OF MORAGA, hereinafter called the “Town”, and Kimley-Horn, hereinafter called the “Consultant.” Town and Consultant shall be sometimes collectively referred to as “Parties.” Recitals
WHEREAS, Town desires to obtain professional project management services to conduct a study in connection with School Street Feasibility, Concept Development, and Implementation Study CIP 25-402 Project; and
WHEREAS, Consultant hereby represents and warrants to the Town that Consultant is fully qualified to perform the services described in Section 2 of this Agreement by virtue of specialized experience and training, education and expertise of its principals and employees.

Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, the Services may be funded in whole or in part with federal Surface Transportation Block Grant funds administered through the Metropolitan Transportation Commission pursuant to the Master Funding Agreement between the Metropolitan Transportation Commission and the Town and any applicable supplement thereto; and WHEREAS, Town desires to retain Consultant pursuant to this Agreement to provide the services described in Section 2 of this Agreement.

Agreement
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Recitals. The Parties agree that the foregoing recitals are true and correct and are hereby incorporated as terms of the Agreement.

2. Scope of Services. Consultant shall perform the services set out in the “Scope of Work” attached hereto as Exhibit “A”.

3. Time of Performance. The services of the Consultant are to commence no sooner than October 14, 2026, and, subject to Town Council approval, be completed not later than January 31, 2028. Consultant shall perform its services in accordance with the schedule in Exhibit “B.” Any changesto these datesin either this Section 3 or Exhibit “B” must be approved in writing by the Town Manager or its representatives.

4. Compensation and Method of Payment.

A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules attached hereto as Exhibit “C”. However, in no event shall the amount Town pays Consultant exceed Four Hundred and Fifty-Four Thousand One Hundred and 39 Attachment C
Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study Twenty-Two Dollars ($454,122). Payment by Town under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the Town at the time of payment.

B. Timing of Payment. Consultant shall submit monthly progress invoicesfor the Services performed during the preceding billing period , in accordance with Exhibit C. Each invoice shall identify the task, deliverable, work performed, billing period, personnel, labor hours, billing rates, subconsultant costs, reimbursable expenses, and supporting documentation reasonably required by the Town or any applicable funding agency. Town shall review Consultant’s billing statement and pay Consultant for services rendered within 45 days of receipt of a complete billing statement that meets all requirements of this Agreement.

C. Changes in Compensation. Consultant will not undertake any work that will incur costs in excess of the amount set forth in Section 4(A) without prior written amendment to this Agreement.

D. Taxes. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant.

E. No Overtime or Premium Pay. Consultant shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence.

F. Litigation Support. Consultant agrees to testify at Town’s request if litigation is brought against Town in connection with Consultant’s report. Unless the action is brought by Consultant or is based upon Consultant’s negligence, Town will compensate Consultant for the preparation and the testimony at Consult’s standard hourly rates, if requested by Town and not part of the litigation brought by Town against Consultant.

G. Federal Cost Principles; Audit of Rates. Because the Services are funded in whole or in part with federal transportation funds, compensation under this Agreement shall be determined in accordance with the applicable federal cost principles at 48 C.F.R. Part 31 and 2 C.F.R. Part 200. The method of payment is as set forth in Exhibit C and shall be a method permitted under 23 C.F.R. Section 172.9(b); the cost plus a percentage of cost method and the percentage of construction cost method of payment shall not be used. The direct labor or salary rates and the indirect (overhead) cost rates of Consultant and any subconsultant set forth in Exhibit C are subject to audit and acceptance in accordance with the federal cost principles and 23 C.F.R. Section 172.11, and any indirect cost rate accepted under that section shall be applied without any ceiling.

Consultant shall, and shall require each subconsultant to, maintain an accounting system adequate to accumulate and segregate all costs billed under this Agreement. 40 Attachment C
Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study

5. Amendment to Scope of Services. Town shall have the right to amend the Scope of Services within the Agreement attached hereto as Exhibit A, by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Failure of the Consultant to secure Town's written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate Town authorization.

6. Duties of Town. Town shall provide all information requested by Consultant that is reasonably necessary to performing the Scope of Services. Town retains all rights of approval and discretion with respect to assignment of any projects or undertakings contemplated by this Agreement.

7. Ownership of Documents. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the Consultant under the Agreement shall be vested in the Town, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the Town.

Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreementshall be made available, upon request, to the Town withoutrestriction orlimitations on their use.

Consultant may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of Town during the term of this Agreement, unless required by law. To the extent required by applicable funding requirements, the Town, FHWA, and any other granting agency shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use the work products prepared under this Agreement for government purposes.

8. Employment of Other Consultants, Specialists or Experts. Consultant will not employ or otherwise incur an obligation to pay other consultants, specialists or experts for services in connection with this Agreement without the prior written approval of the Town. Any consultants, specialists or experts approved by Town are listed in Exhibit “D.” Consultant shall require any approved subconsultant to comply with all provisions of this Agreement applicable to the subconsultant’s work, including any applicable federal, state, Caltrans, MTC, grant funding, records, audit, nondiscrimination, and flow-down requirements.

9. Conflict of Interest.

A. Town and Consultant will comply with the requirements of the Town’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. Consultant may be required to file with the Town Clerk a completed Form 700 before commencing performance of the Services unless the Town Clerk determines that completion of a Form 700 is not required, pursuant to Town’s Conflict of Interest Code. Form 700 forms are available from the Town Clerk.

B. Consultant may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or 41 Attachment C
Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study would otherwise be prohibited with respect to Consultant’s obligations pursuant to this Agreement. Consultant agrees to cooperate fully with Town and to provide any necessary and appropriate information requested by Town or any authorized representative concerning potential conflicts of interest or prohibitions concerning Consultant’s obligations pursuant to this Agreement.

C. Consultant may not employ any Town official, officer or employee in the performance of the Services, nor may any official, officer or employee of Town have any financial interest in this Agreement that would violate California Government Code §1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of Town. If Consultant was an employee, agent, appointee, or official of Town in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Consultant’s performance of the Services, including reimbursement of expenses, and Consultant will be required to reimburse Town for any sums paid to Consultant under this Agreement. Consultant understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.

10. Any violation by Consultant of the requirements of this provision will constitute a material breach of this Agreement, and the Town reserves all its rights and remedies at law and equity concerning any such violations. Liability of Members and Employees of Town. No member of the Town and no other officer, employee or agent of the Town shall be personally liable to Consultant or otherwise in the event of any default or breach of the Town, or for any amount which may become due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

11. Indemnity.

A. To the maximum extent permitted by law, Consultant shall, at its own expense, indemnify, defend with counsel acceptable to the Town, (which acceptance will not be unreasonably withheld), and hold harmless Town and its officers, officials, employees, agents and volunteers and any granting agency identified in any applicable Grant Agreement ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, claims expenses, reasonable attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, arising out of or in connection with the Services or Consultant's failure to comply with any of the terms of this Agreement.

B. If Consultant is a “design professional,” as defined in California Civil Code Section 2782.8(c), Consultant shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to Consultant’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to Consultant shall not exceed Consultant’s 42 Attachment C
Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study proportionate percentage of fault.

C. The obligations in this Section 11 shall survive termination of this Agreement.

12. Consultant Not an Agent of Town. Consultant, its officers, employees and agents shall not have any power to bind or commit the Town to any decision.

13. Independent Contractor. Consultant and Town agree that the Consultant will perform the Services as an independent contractor and not as an employee or agent of the Town. Persons employed or utilized by Consultant in the performance of the Services will not be employees or agents of the Town and in the performance of the Consultant’s Services, Town shall have no control over the method or means of Consultant’s performance of the Services. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

14. Compliance with Laws.

A. General. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. Consultant represents and warrants to Town that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession.

B. Workers’ Compensation. Consultant certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will comply with such provisions before commencing performance of this Agreement.

C. Prevailing Wage. Consultant and Consultant’s sub-consultants, shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2. Copies of the applicable wage determination are on file at the Town’s Public Works Department office.

D. Injury and Illness Prevention Program. Consultant certifies that it is aware of and has complied with the provisions of California Labor Code Section 6401.7, which requires every employer to adopt a written injury and illness prevention program.

E. Town Not Responsible. The Town is not responsible or liable for Consultant’s failure to comply with any and all of said requirements. 43 Attachment C
Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study F. Federal Funding Requirements. Consultant acknowledges that the Services may be funded in whole or in part with federal transportation funds administered through the Metropolitan Transportation Commission.

Consultant shall comply with all federal, state, Caltrans, MTC, and Town requirements applicable to Consultant’s performance of the Services, including applicable requirements related to nondiscrimination, Title VI, disadvantaged business enterprise requirements, debarment and suspension, lobbying, allowable costs, records, audits, documentation, and work-product use. The DBE goal for this Agreement is zero percent (0%). Consultant certifies that neither Consultant nor its principals, officers, key employees, or approved subconsultants are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in federally funded contracts. Consultant shall comply with applicable federal restrictions on lobbying and shall execute any required lobbying certifications or disclosures. Consultant assures that it shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement and shall carry out the applicable requirements of 49 C.F.R. Part 26 in the award and administration of any federally funded subconsultant agreements. Consultant shall pay each subconsultant for satisfactory work no later than ten (10) days after Consultant receives payment from the Town for that work and shall release any retention withheld from a subconsultant in accordance with 49 C.F.R. Section

26.29. Consultant shall include applicable requirements in approved subconsultant agreements.

15. Confidential Information. All data, documents, discussions or other information developed or received by or for Consultant in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by Town, or as required by law.

16. Insurance.

A. Minimum Scope of Insurance. Consultant agrees to have and maintain, for the duration of this Agreement the following minimum levels of insurance coverage:
(1) Consultant agrees to have and maintain, for the duration of this Agreement, a General Liability insurance policy insuring it and its firm to an amount not less than $2,000,000 (Two Million Dollars) combined single limit per occurrence and in the aggregate for bodily injury, personal injury and property damage with an aggregate limit of twice the required occurrence limit.
(2) Consultant agrees to have and maintain for the duration of this Agreement an Automobile Liability insurance policy insuring it and its staff to an amount not less than $2,000,000 (Two Million Dollars) combined single limit per accident for bodily injury and property damage.
(3) Consultant shall maintain professional errors and omissions 44 Attachment C
Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s operations under this Agreement, whether such operations be by Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than $2,000,000 (Two Million Dollars) on a claims-made and annual aggregate basis. Consultant shall procure the professional errors and omissions liability insurance described herein and shall ensure that the policy provides and allows for a reporting period of at least four (4) years after the professional liability policy expires. A Workers’ Compensation and Employers’ Liability policy written in accordance with the laws of the State of California and providing coverage for any and all employees of Consultant:
(a) This policy shall provide coverage for Workers’
Compensation (Coverage A).
(b) This policy shall also provide required coverage for Employers’ Liability (Coverage B.)
(4) All of the following endorsements are required to be made a part of each of the required policies, except for the Professional Liability and Workers’ Compensation and Employers’ Liability policies, as stipulated below:
(a) “The Town of Moraga, its officers, officials,
employees, agents and volunteers are to be covered as additional insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor products and completed operations of the Contractor, premises owned, occupied or used by the Contractor: or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town of Moraga, its officers, officials, employees, agents or volunteers.” (b) “This policy shall be considered primary insurance
as respects any other valid and collectible insurance the Town may possess, including any self-insured retention the Town may have, and any other insurance the Town does possess shall be considered excess insurance only and shall not contribute with it.” (c) “This insurance shall act for each insured and
additional insured as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.” (5) Consultant shall provide to the Town all certificates of insurance with original endorsements effecting coverage required by this paragraph.

Certificates of such insurance shall be filed with the Town on or before commencement of performance of this Agreement. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. (6) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
(7) Consultant’s insurance shall apply separately to each 45 Attachment C
Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer’s liability.
(a) All Coverages. Each insurance policy required
shall provide that coverage shall not be canceled, except after 30 days’ prior written notice by certified mail, return receipt requested, has been given to the Town. Current certification of such insurance shall be kept on file with the Town Manager at all times during the term of this Agreement.
(b) Acceptability of Insurers. Insurance is to be placed with insurers with a Best’s rating of no less than A:VII. (c) Deductibles and Self-Insured Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the Town. At the Town’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

17. Assignment Prohibited. Neither the Town nor Consultant may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation hereunder shall be void and of no effect.

18. Termination of Agreement.

A. This Agreement and all obligations hereunder, except for those indemnity obligations set forth in Section 11, may be terminated at any time, with or without cause, by the Town upon 5 days’ written notice to Consultant. Consultant may terminate this Agreement upon 30 days’ written notice to Town.

B. If Consultant fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, Town may terminate this Agreement immediately upon written notice.

C. Upon termination with or without cause, all finished and unfinished documents, project data and reports shall, at the option of the Town, become its sole property and shall, at Consultant’s expense, be delivered to the Town or to any party it may so designate.

D. In the event termination is without cause, Consultant shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment; provided, however, that Consultant shall be entitled to compensation for work in progress at the time of termination.

19. Suspension. The Town shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as he/she deems necessary due to unfavorable conditions or to the failure on the part of the Consultant to perform any provision of this Agreement. Consultant will be paid for satisfactory Services performed through the date of temporary suspension. In the event that Consultant's services hereunder are delayed for a period in excess of six (6) months due to causes beyond Consultant's reasonable control, 46 Attachment C
Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study Consultant's compensation shall be subject to renegotiation.

20. Amendment. This Agreement and all exhibits referenced herein constitutes the complete and exclusive statement of the agreement between Town and Consultant shall supersede any previous agreements, whether verbal or written, concerning the same subject matter.

This Agreement may be amended or extended from time to time by written agreement of the parties hereto.

21. Interpretation. This Agreementshall be interpreted asthough it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

22. Time of the Essence. Time is of the essence of this Agreement. The Consultant shall not be deemed in breach of this Agreement, nor liable for any delay in performance, to the extent the delay is caused by events beyond the Consultant’s reasonable control and occurring without its fault or negligence, including natural disasters, epidemics, pandemics, quarantine restrictions, adverse weather, acts of the Town, or acts of third parties or governmental agencies, provided that the Consultant gives the Town prompt written notice of the cause and uses reasonable diligence to mitigate the delay and resume performance. The Consultant’s sole remedy for such a delay shall be an extension of the time for performance equal to the period of the delay, as approved in writing in accordance with Section 3. This Section does not relieve the Consultant of liability arising from its own negligence, recklessness, or willful misconduct, does not excuse a delay caused solely by increased cost or the Consultant’s inability to pay, and does not limit the Consultant’s obligations under Section 11 or the Town’s rights under Sections 18 and 19.

23. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first-class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth hereinbelow. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to Town: Nate Levine, Public Works Director/Town Engineer Town of Moraga
329 Rheem Blvd
Moraga, CA 94556
If to Consultant: Adam Dankberg, PE
Kimley-Horn
4637 Chabot Drive Ste. 300
Pleasanton, CA 94588

24. Consultant’s Books and Records.
47 Attachment C
Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study A. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to Town for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant.

B. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the Town Attorney, Town Auditor, Town Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to Town for inspection when it is practical to do so.

Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.

D. Town may, by written request by any of the above-named officers, require that custody of the records be given to Town and that the records and documents be maintained in the Town Manager’s office. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

E. Consultant shall retain records related to this Agreement for the longer of the period required by this Agreement, applicable law, or applicable federal, state, Caltrans, MTC, or Town funding requirements. Records related to this Agreement shall also be made available for inspection, audit, and copying by MTC, Caltrans, FHWA, FTA, the U.S. Department of Transportation, the Comptroller General of the United States, the State of California, and any other authorized oversight agency to the extent required by applicable funding requirements. If any audit, claim, litigation, or monitoring review begins before the end of the applicable retention period, Consultant shall retain the records until all such matters are resolved.

25. Equal Employment Opportunity. Consultant is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Consultant will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin.

Consultant will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Consultant further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Consultant shall also comply with applicable federal nondiscrimination requirements, including Title VI of the Civil Rights Act of 1964 and related federal regulations, and shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other status protected by applicable law in the performance of this Agreement.
48 Attachment C
Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study

26. Town Not Obligated to Third Parties. Town shall not be obligated or liable for payment hereunder to any party other than the Consultant.

27. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.

28. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

29. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference:

Exhibit A: Scope of Services
Exhibit B: Schedule
Exhibit C: Compensation
Exhibit D: Other Consultants, Specialists or Experts Employed by Consultant Exhibit E: Liability and Insurance Requirements

30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

31. News Releases/Interviews. All Consultant and subconsultant news releases, media interviews, testimony at hearings and public comment shall be prohibited unless expressly authorized by the Town.

32. Venue. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.
49 Attachment C
Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date first above written.

TOWN OF MORAGA CONSULTANT
By: By:

Scott Mitnick, Town Manager
Name:

Title:

ATTEST
Amy Heavener,
Town Clerk
Address:

Phone No:

APPROVED AS TO FORM:

By:

Michelle Marchetta Kenyon,
Town Attorney
FUNDING:

By:

Katie Bruner,
Administrative Services Director
50 Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study

EXHIBIT A
Scope of Services
Insert
Attachment C
51 TASK 1 – Project Management and Coordination
Task 1.1. Project Administration and Invoicing
Task 1.2. Project Management Plan, Control, and Internal Coordination Task 1.3. Town Meetings, Minutes, and Agenda
Task 1.4. Manage QC/QA Program
The subtasks above are proposed for Task 1 – Project Management and Coordination.

Kimley-Horn will conduct this task throughout the Study’s duration, which is assumed to be up to 11 months. Akash Patel, PE will be the primary point of contact between Town staff and the Kimley-Horn team. Kimley-Horn will prepare and maintain a project schedule as well as monthly invoices with progress reports; provide email status updates and coordination; and establish and maintain an online file sharing folder through OneDrive.

Kimley-Horn will develop and maintain a QC/ QA program, which involves a qualified technical reviewer performing independent reviews ahead of major submittals to review overall quality of our deliverables. QC/QA reviews are built into the Kimley-Horn team’s time and effort for the relevant submittal tasks.

Kimley-Horn will coordinate and attend an in-person project kick-off meeting with Town staff to discuss the Town’s expectations for this Study, document Study goals and objectives, confirm standards, make requests for information (RFIs), review and establish project administration procedures, and discuss the Study schedule. The following project management meetings are assumed:
• Project kick-off meeting (in-person)
• Up to 22 bi-weekly, 30-minute project coordination meetings (over the Study’s duration) with the Town’s project manager and staff (virtual) • Up to six (6) additional coordination meetings to resolve outstanding issues (virtual). configuration This is not accounted for in other tasks’ scope of services.

Task 1 Deliverables
• Kick-Off Meeting (in-person) and Project Meetings (virtual) • Electronic Copy of Meeting Agenda and Minutes
• Project Management Plan (PDF)
• Electronic Copy of Project Schedule (updated monthly) • Monthly Invoices and Progress Summaries
Attachment C
52 • Internal Project Files and Work Plan (retained at Kimley-Horn offices for up to 3 years)
• QC/QA Plan
TASK 2 – Existing Information Review, Existing Conditions Mapping, and Constraints Assessment
Task 2.1. Document Review and Site Visit
Kimley-Horn will review available project documentation and conduct field reconnaissance to establish baseline corridor conditions. Up to three (3) members of the team will conduct one (1) field visit within the Study limits. Available project documentation is assumed to include existing studies, as-built drawings, ROW records, GIS information, Town planning documents, utility mapping, current nearby project documents, and other relevant background information.

Kimley-Horn will collect available historical traffic counts from the Town, including multimodal intersection turning movement (ITM) counts, average daily traffic (ADT) counts, and speeds along Moraga Road between St. Mary’s Road and Moraga Way. This task includes collection of new weekday and weekend peak period ITM counts at the Moraga Way/School Street intersection, as well as 72-hour ADT counts and speeds along School Street and Moraga Way between School Street and Moraga Road.

Additionally, we will collect driveway counts at up to 10 locations at the Moraga Center shopping center.

Task 2.1 Deliverables
• Document Review Log and Site Visit Notes
• Traffic counts
Task 2.2. Topographic Survey and ROW Mapping
Kimley-Horn’s subconsultant, LCC, will establish control points in order to perform field surveys as described in this task, using RTK GPS or Total Station Equipment (whichever is determined to be more efficient based on field conditions). LCC will perform an aerial topographic survey of the Study area. LCC will perform Aerial Planimetric mapping as shown at 1”=20’ scale mapping with 1-foot contours.

LCC will perform additional survey check shots along the curb face as well as a few shots on the pavement as-needed to verify the roadway width and surface grades determined by Attachment C
53 the aerial mapping. LCC will perform ground level surveys to attempt locating all above ground utility structures (e.g., valve boxes, vaults, manholes, inlets, lights, traffic poles, miscellaneous boxes, drain inlets, exposed conduits and pipes, overhead wires, etc.), which are associated with above- and below-ground utilities. LCC will obtain record maps of Contra Costa (County) and research records as necessary to determine the property lines adjacent to these areas. LCC will search for existing monuments of record as sufficient to establish the property lines and existing easement lines. LCC will plot existing easements only as shown on available recorded maps. LCC will locate monuments in the field as shown on record documents and combine them with record information in order to map Boundary Lines as an exhibit onto the topographic mapping.

LCC will obtain Preliminary Title Reports for the parcels adjacent to School Street project limits (assume up to six [6] parcels maximum). LCC will review the Title Report Documents for each property to review and plot any existing easements and retrace/compare the data contained in the report with the data already plotted from other record documents.

Task 2.2 Deliverables
• Topographic and ROW AutoCAD Base File
Task 2.3. Utility Mapping
Kimley-Horn will prepare and send utility “A” letters to utilities which may have facilities in the area. Kimley-Horn will review record plans received from utilities, analyze utility data captured during topographic surveys, and combine Town-provided utility information to create an AutoCAD utility base file to identify potential conflicts with the proposed improvements. This task does not assume the preparation of utility “B” or “C” letters.

Task 2.3 Deliverables
• Utility A Letter
• AutoCAD Utility Basemap
Task 2.4. Existing Conditions Technical Assessment
Kimley-Horn will evaluate existing roadway conditions, ROW constraints, environmental constraints and other physical or spatial constraints along the project corridor. The assessment will summarize and identify corridor constraints, potential ROW limitations, and field walk observations that may influence concept refinement and design development. Kimley-Horn will supplement the technical assessment with a corridor-wide exhibit identifying these key constraints, topographic survey information, ROW and easement information, and available utility information. This task assumes one (1) round of Attachment C
54 Town review and consolidated comments to revise the assessment from draft to final format.

Task 2.4 Deliverables
• Existing Conditions Memorandum (Draft and Final) (Word/PDF) TASK 3 – Targeted Agency, Property Owner, and
Stakeholder Coordination
Task 3.1. Stakeholder Outreach Plan
The Kimley-Horn team will work with the Town to develop a Stakeholder Outreach Plan (SOP). The SOP will identify engagement goals, critical stakeholders, desired outcomes, past engagement and coordination context, how decisions will be informed by input, and Kimley-Horn team and City staff responsibilities. The anticipated list of key agencies, owners, and stakeholders are assumed to include the following:
• Town (Planning Department and Council Meeting Prep Meeting) • East Bay Regional Parks District (EBRPD)
• Morago-Orinda Fire District PG&E
• Central Contra Costa Sanitary District (APN 255-321-004-4) • East Bay Municipal Utility District (APN 255-321-003-6 & 256-110-004-7) Key Property Owner (Bruzzone Family) Russell J Bruzzone Inc. (APN 255-321-023-4 & 255- 321-022-6)Moraga Ranch LLC (APN 255-321-005-1, 255-321-015-0, 255-321-002-8 & 255- 321-016-8)
We assume the Town to take lead in engagement and development of the outreach plan for the Bruzzone Family. Kimley-Horn will take lead in engagement and development of the outreach plan for all other stakeholders noted above.

Task 3.2. Coordination Meetings
Upon the SOP’s finalization, Kimley-Horn will engage each of the listed property owners and stakeholders via email, notifying them of the project goals and need to coordinate concept development and feasibility through the project life cycle. Kimley-Horn’s scope assumes up to three (3) 30-minute virtual meetings with the stakeholders and property owners listed above, for a total of up to 24 meetings. Kimley-Horn’s approach will be to engage prior to concept development, during concept development, and during the refinement/alternative selection.

Attachment C
55 For major landowners whose property interests may directly influence alignment feasibility, access, easements, right-of-way needs, or implementation considerations, Kimley-Horn will prioritize early and direct contact and coordination. This proactive approach is intended to identify and address potential risks early in the planning process before they affect schedule, cost, design feasibility, stakeholder alignment, or project delivery.

Engagement may include tailored in-person meetings, when appropriate, to understand ownership priorities, document key constraints and opportunities, and obtain input that can inform concept development and alternative refinement. This effort will be coordinated closely with Town staff and, if appropriate, supported by a trusted community champion to reinforce consistent messaging, build confidence in the process, and help reduce potential risks or conflicts as the project advances. For this purpose, our scope also includes up to two (2) in-person meetings and up to three (3) additional 30-minute virtual meetings, should the need for further coordination with the listed stakeholders and property owners, or others not listed, arise. Task 3.3. ROW Cost Analysis Kimley-Horn’s subconsultant, AR/WS, will prepare cost estimates for potential ROW acquisitions, for up to two (2) alternatives with up to three (3) parcel acquisition. This task includes the following:
• Assist with coordination/outreach to land owners by:
 Attending meetings with owners to general discuss the right of way process.  Addressing questions/concerns related to right of way issues. • Prepare a right of way estimate, including the following:
 Research of subject properties including land use designations.  An analysis of the probable highest and best use of the properties.  Classification of properties into land use categories to establish land value ranges.
 Analysis of right of way acquisitions and impacts to improvements including buildings.
 Consideration of severance damages and benefits.
 Estimated relocation assistance costs.
 Estimated right of way support costs.
• Prepare a Right of Way Estimate Memorandum, summarizing the estimated right of way costs.
• Discuss potential appraisal challenges/risks in the Memorandum. • Discuss potential acquisition challenges/risks in the Memorandum.

It is expected that the design engineer or others will provide any cost information for utility relocation, clearance/demolition, construction contract work, and hazardous materials Attachment C
56 mitigation. AR/WS will not make any contact with owner or lessees or internal inspections of the subject properties. Preparation of a realistic right of way estimate assumes that adequate mapping is available at the time services are initiated. Major issues such as potential effects on access, improvements, remaining parcels, appurtenant rights, temporary construction easements, utility requirements and mitigation measures may significantly impact estimates. The estimate will address proposed acquisitions as if free and clear of hazardous materials and with marketable title. The right of way estimate is not an appraisal. It utilizes resources such as information available in the market or from past relevant appraisals, sales data, listings, field inspections, interviews with brokers and Assessor’s information.

Task 3 Deliverables
• Draft and Final SOP (Word/PDF)
• Electronic Copy of Meeting Summaries
• Engagement and Coordination Tracker (Word/PDF)
• Right of Way Estimate Memorandum, or if required, a Conceptual Right of Way Cost Estimate or Right of Way Data Sheet (Word/PDF/Excel)
TASK 4 – Concept Alternatives Development
Task 4.1. Concept Alternatives Workshop
Kimley-Horn will develop up to three (3) cross sections for the School Street extension, along with a high-level list of benefits and impacts to existing conditions. Kimley-Horn will discussed these with the Town in a Concept Alternative Workshop, prior to developing the Draft Concept Alternatives.

Task 4.2. Draft Concept Alternatives Development
Kimley-Horn will prepare up to three (3) alternatives that identify the proposed alignment and cross section of the extension of the School Street corridor, along with identifying potential improvements to enhance the safety, comfort, and specific plan vision of the Study corridor. These improvements are anticipated to include a wide spectrum of strategies, including but not limited to: bike/pedestrian safety countermeasures at spot locations, roadway and hardscape features, enhanced bicycle facilities, signing and striping, accommodation for stormwater treatment, urban design and landscaping elements, and technology or signal operation modifications.

Kimley-Horn will develop each concept as a hybrid CAD engineered layout, supplemented with illustrative icons, callouts, and graphical cross sections. It is anticipated that the Attachment C
57 School Street extension alignment and cross section for each alternative will need to be laid out in CAD, informed by the topographic survey and scaled aerial imagery, while other improvements can be denoted illustratively with icons and callouts. This hybrid concept development will allow for sufficient evaluation of each alternative, while deferring detailed design efforts to subsequent tasks.

As part of this task, Kimley-Horn’s subconsultant, WRT, will develop one (1) urban design and landscaping palette that identifies various urban design elements and landscaping treatments, which can be incorporated into each concept alternative. This palette will serve as a range of options that align with the Town’s goals and vision outlined in the MCSP, while limiting detailed urban and landscaping design for each concept alternative.

Task 4.3. Evaluation Matrix
Using a set of evaluation criteria and measures (such as ROW and utility impacts, drainage infrastructure, safety, feasibility, traffic impacts, environmental impacts, and a rough order of magnitude [ROM] design and construction costs) identified in partnership with the Town, Kimley-Horn will evaluate the three alternatives. Kimley-Horn will summarize the results of the evaluation in a matrix that can be used to inform the Town and stakeholders of the key factors associated with each alternative. Kimley-Horn will submit the evaluation matrix with the Draft Concept Alternatives described in Task 4.2. Based upon one (1) round of Town comments, Kimley-Horn will revise the evaluation matrix to be aligned with the scope of work listed in Task 4.4.

Task 4.4. Final Concept Alternatives Development
Based upon one (1) round of Town review and consolidated comments from the Draft Concept Alternatives, Kimley-Horn will revise up to two (2) concept alternatives. KimleyHorn assumes that during the review of the Draft Concept Alternatives, a minimum of one (1) alternative can be eliminated from consideration. As such, this task only assumes the refinement and incorporation of comments for two (2) alternatives. Kimley-Horn assumes that upon submission of the two (2) Final Concept Alternatives and associated revised evaluation matrix, a preferred concept will be selected. Kimley-Horn will prepare a brief memorandum summarizing the selection of the preferred alternative to serve as the basis of design for Task 7.

Task 4 Deliverables
• Concept Alternatives Workshop Minutes
• Draft Concept Alternatives (up to three [3] alternatives) (PDF) • Final Concept Alternatives (up to two [2] alternatives) (PDF) Attachment C
58 • Draft/Final Evaluation Matrix (PDF/Excel)
TASK 5 – Traffic and Multimodal Analysis
Task 5.1. Existing Conditions Transportation and Multimodal Analysis Kimley-Horn will review existing conditions, including data collected in Task 2 and information collected under prior Town studies, to establish a comprehensive understanding of existing traffic operations, circulation patterns, access conditions, travel demand characteristics, and multimodal conditions within the Study area. Kimley-Horn will conduct a baseline operational analysis of existing weekday AM and PM peak hour conditions using Synchro for up to six (6) Study intersections. The analysis will evaluate intersection delay, level of service (LOS), and queuing based on available turning movement counts, ADT volumes, travel speeds, and observed peak period travel patterns.

Kimley-Horn will also use Big Data sources (Streetlight or Replica) to evaluate existing travel demand patterns, origin-destination, and circulation patterns within and around Moraga Center. The analysis will focus on travel movements between Moraga Road, St.

Mary’s Road, Moraga Way, Alta Mesa Drive, School Street, and the Lafayette-Moraga Regional Trail to establish a baseline understanding of how people currently access and travel through the study area.

Kimley-Horn will also document existing multimodal activity, including pedestrian and bicycle volumes (using counts and Big Data) and transit service characteristics.

A traffic signal warrant evaluation has recently been completed for the Moraga Road & Alta Mesa Drive intersection. Kimley-Horn will review these findings, assess its applicability to current conditions and Study objectives, and incorporate them into the baseline conditions for this analysis.

Kimley-Horn will evaluate parking conditions through an inventory and utilization assessment. Kimley-Horn will prepare exhibits documenting parking supply, existing restrictions (e.g., ADA, time-limited, loading), and observed utilization under typical weekday daytime and nighttime conditions to inform future tradeoffs related to curb space reallocation.

Task 5.2. Traffic Safety Analysis
Kimley-Horn will conduct a data-driven safety analysis to identify existing safety challenges and inform development of effective safety countermeasures. Using crash data collected in Task 2, Kimley-Horn will evaluate crash patterns by type, severity, location, and Attachment C
59 contributing factors, with particular emphasis on fatal and severe injury collisions and incidents involving pedestrians and bicyclists. The analysis will identify high-risk locations and systemic safety issues, such as turning conflicts, speed-related crashes, and visibility limitations, to support a Safe System Approach based evaluation of the corridor. KimleyHorn will summarize crash data through maps and tables, and integrate these into the overall assessment of the corridor.

Task 5.3. Transportation Analysis of Design Alternatives Kimley-Horn will evaluate the operational, safety, and multimodal performance of up to two (2) concept alternatives developed under Task 4. For the traffic analysis, we assume the two concept alternatives will share a common corridor vision and overall roadway configuration, with the primary distinction focused on the School Street connection to St.

Mary’s Road and Moraga Road. Alternatives are anticipated to evaluate potential connection configurations, including a fourth leg at the existing T intersection and/or an offset connection to Moraga Road.

Traffic Operations, Circulation, and Access Analysis
For each alternative, Kimley-Horn will assess how the proposed School Street connection influences anticipated circulation patterns within Moraga Center and the surrounding roadway network, including potential changes in travel demand, routing behavior, driveway utilization, and volume redistribution. The analysis will focus on understanding how trips are anticipated to shift throughout the study area based on origin-destination patterns, and how each concept supports access and connectivity within the study area.

Results will be summarized using circulation diagrams, volume redistribution figures, heat maps, and other visual exhibits that communicate how each alternative changes anticipated travel behavior and multi-modal volumes throughout the study area.

Additionally, for each alternative, Kimley-Horn will evaluate operations of key intersections within the study area using Synchro to assess impacts to delay, LOS, and queuing under projected conditions. The analysis will identify potential operational tradeoffs associated with lane reconfiguration, access modifications, and intersection control changes.

Safety Effectiveness Evaluation
Kimley-Horn will assess the safety considerations of proposed improvements by applying crash modification factors (CMFs/CRFs) where appropriate based on the Highway Safety Manual (HSM) and Caltrans Local Roadway Safety Manual. This evaluation will provide a planning-level estimate of expected crash reductions associated with key safety countermeasures.

Attachment C
60 Multimodal Connectivity and Comfort Assessment
• Kimley-Horn will evaluate each alternative with a focus on improving conditions for pedestrians, bicyclists, and transit users. This will include:
• Qualitative assessment of pedestrian and bicycle comfort, safety, and stress levels consistent with National Association of City Transportation Officials (NACTO) and All Ages & Abilities principles
• Identification of key corridor gaps, barriers, and conflict points • Parking and Access Analysis
Kimley-Horn will assess the impact of each alternative on on-street parking supply and access. Where parking removal is proposed, Kimley-Horn will evaluate the redistribution of demand to nearby facilities and identify potential mitigation strategies to maintain reasonable access for adjacent land uses.

Equity and Accessibility Considerations
Kimley-Horn will qualitatively evaluate each alternative for its ability to improve access and safety for vulnerable users, including students, pedestrians, and individuals of varying ages and abilities. The assessment will consider how improvements enhance accessibility, reduce barriers, and improve overall user experience across the corridor. Kimley-Horn will prepare a technical memorandum summarizing the existing transportation and multimodal conditions, results of the traffic operations, safety, parking, and multimodal analyses, and the evaluation of the concept alternatives. The memorandum will document key findings, assumptions, methodology, and performance measures, and will include supporting exhibits, maps, tables, and figures. This task assumes one (1) round of Town review and consolidated comments to revise from draft to final memorandum.

Task 5 Deliverables
• Draft/Final Traffic and Multimodal Analysis Memorandum (Word/PDF) TASK 6 – Preliminary Environmental Assessment
The Kimley-Horn team will conduct a comprehensive environmental, ROW, and property assessment for the Study. This involves identifying anticipated CEQA/National Environmental Policy Act (NEPA) requirements and performing a high-level environmental screening to evaluate biological, cultural, and physical constraints within the project area.

Task 6.1. Environmental Research and Investigation
Kimley-Horn will review readily available public information regarding the regulatory and environmental constraints associated with the roadway widening under consideration.

Attachment C
61 Kimley-Horn will provide an overview of the technical studies and CEQA documents that are likely to be required as part of the entitlement process with the Town. Kimley Horn will complete the following efforts:
• Prepare a preliminary environmental checklist that is completed with the intent to identify areas where further technical studies and/or mitigation measures are required
• Provide an opinion of probable mitigation measures, organized by subject area, that are anticipated to be required for the project
• Provide processing timeframes for preparation of future technical studies and processing of environmental documents through the CEQA entitlement process • Provide results from biological and cultural resources evaluation • Summarize and provide conclusions for the feasibility study memorandum As a feasibility study is exempt from CEQA, per CEQA Guidelines Section 15306. Therefore, no CEQA approval is required for the gathering of information for the feasibility study.

Assumptions:
• Preparation of environmental documents and technical studies to comply with CEQA and NEPA requirements is not included in this Scope of Services. • Preparation of environmental regulatory permits is not included in this Scope of Services.

Task 6.1 Deliverable
• Environmental Assessment (Word/PDF)
Task 6.2. Biological Analysis
As a subconsultant to Kimely-Horn, Sequoia Ecological Consulting (Sequoia) will compile and review readily available biological information for the Study area (generally bounded by the Moraga Shopping Center and Moraga Road frontage to the east, and Laguna Creek and the Lafayette-Moraga Regional Trail along the western edge) including the California Natural Diversity Database, the United States Fish and Wildlife Service Information for Planning and Consultation tool, the National Wetlands Inventory, aerial imagery, and applicable MCSP and prior Town documents. Based on this review, Sequoia will identify biological and potential jurisdictional constraints. Sequoia’s GIS lead will prepare the biological and jurisdictional constraints exhibit in CAD format.

Sequoia will prepare a biological resources assessment that will summarize likely biological resource findings and constraints for the corridor. This includes identifying probable regulatory and permitting considerations associated with biological resources, Attachment C
62 including potential CEQA/NEPA biological analysis needs and the likely applicability of resource-agency approvals (United States Army Corps of Engineers Section 404, Regional Water Quality Control Board Section 401, and California Department of Fish and Wildlife Section 1602) should future phases affect potential waters; and identify recommended future biological technical studies and agency coordination needs for subsequent phases.

This task includes targeted resource-agency coordination reasonably necessary to inform these findings, including coordination with the EBRPD regarding the Lafayette-Moraga Regional Trail, as needed.

Task 6.2 Deliverables
• Biological and Jurisdictional Constraints (CAD)
• Biological Resources Assessment (Word/PDF)
Task 6.3. Cultural Resource Analysis
Kimley-Horn will prepare a Cultural Resources Due Diligence Memorandum for the Study area. The goal of this effort is to determine whether the Study area contains, or could reasonably contain, cultural resources. Kimley-Horn cultural resources management staff will conduct a confidential cultural resources records search through the Northwest Information Center (NWIC) to determine whether any previously recorded cultural resources are located within the Study area plus a half-mile buffer. Additionally, KimleyHorn will review applicable Federal, State, and local registers and inventories. Finally, Kimley-Horn staff will research geomorphology, geology, and land use history of the Study area through applicable databases, historic aerials, and topographic/geology maps. The memorandum will outline the results of the record search and inventory review, discuss the archaeological and historical built environment sensitivity of the Study area, and make recommendations for any additional effort necessary to identify resources in the future.

Task 6.3 Deliverables
• Cultural Resources Due Diligence Memorandum (Word/PDF) TASK 7 – Preferred Concept, Preliminary Concept Plans,
Cost Estimate, and Implementation Roadmap
Task 7.1. Preliminary Concept Plans
Upon selection of the preferred alternative, Kimley-Horn will advance the alternative to conceptual-level design plans. The design will be an engineered CAD-based design supplemented with the aerial imagery and topographic survey captured in Task 2. The Attachment C
63 design will identify the geometric limits of the roadway modifications (including bicycle and pedestrian facility upgrades) and proposed lane reconfiguration, and will develop the proposed improvements denoted illustratively as part of the alternatives development in Task 4. Sheets to be prepared include a Title Sheet, Key Map and Control Sheet, Typical Sections Sheet, Plan and Profile Sheet, and an Urban Design and Landscaping Sheet. The design will also assess whether the corridor improvements will trigger stormwater treatment and identify potential locations for stormwater treatment facilities.

Kimley-Horn will provide key dimensions along with key construction, demolition, and existing information notes. Vertical design will be limited in providing a centerline profile for the School Street extension, along with the approximate cut/fill lines needed to establish the overall project footprint. Kimley-Horn will not perform detailed vertical design for any proposed improvements; however, the preliminary design for stormwater, roadway, sidewalk, and other vertical-based improvements will be informed by the topographic survey so that a feasible concept design is prepared. Kimley-Horn will revise the preliminary concept plans based upon one (1) round of Town review and consolidated comments.

Task 7.2. Cost Estimate
Based on the concept plans developed in Task 7.1, Kimley-Horn will prepare a preliminary opinion of probable costs which will include the capital construction costs, and soft costs (design, environmental, construction management). The cost estimate will be based on similar project construction costs and bid results in the Bay Area and will be based upon 2026 costs. One (1) round of Town review and comment is assumed, and Kimley-Horn will prepare a revised estimate based on the Town’s comments.

Task 7.3. Implementation and Funding Roadmap
Kimley-Horn will develop an Implementation and Funding Roadmap that provides the Town with clear next steps for advancing the project. The implementation process will lay out actionable steps and a potential timeline for future activities. It will define the recommended sequence and timing of key milestones and roles and responsibilities of both the Town and partner agencies. The funding section will include potential funding sources for the improvements, including grant sources, and key considerations and processes for receiving the funding. The Roadmap will be included in Task 7.4.

Task 7.4. Study Report
Kimley-Horn will compile all Study findings into a comprehensive report that summarizes existing conditions, conceptual alternatives, identified constraints, evaluation matrix, Attachment C
64 stakeholder coordination items, recommendations, preferred alternative, concept plans, and the implementation and funding roadmap. One (1) round of Town review and comment is assumed, and Kimley-Horn will prepare a revised report based on the Town’s comments.

Task 7 Deliverables
• Draft and Final Concept Plans (PDF)
• Draft and Final Cost Estimate (PDF/Excel)
• Draft and Final Implementation and Funding Roadmap (PDF) • Draft and Final Study Report (PDF)
Additional Services
Scope of services not explicitly stated to be performed in the above tasks can be performed for an additional fee upon written authorization from the Town. Additional services may include additional effort for the tasks and services listed above that was not previously assumed, or new scope of work items deemed necessary by the Town or Kimley-Horn. Any additional services required are to be outlined in a brief memorandum requiring Town authorization and approval, and will utilize the Contingency Budget set aside in the contract agreement.

Attachment C
65 Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study

EXHIBIT B
Schedule of Performance
Insert or Attach
Attachment C
66 Attachment C
67 Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study

EXHIBIT C
Compensation
Insert or Attach
Attachment C
68 197.39% Overhead% Name
Akash
Patel
Adam
Dankberg
Robert
Paderna
196.29% Overhead% w/o FCCM
Category/Title Project
Manager
QC/QA
Manager
Senior
Advisor
10% Fee% Direct Rate $79.21 $117.18 $111.93 $124.28 $107.07 $94.43 $83.90 $71.39 $57.53 $51.83 Billing Rate $259.03 $383.20 $366.03 $406.42 $350.14 $308.80 $274.37 $233.46 $188.13 $169.49 Task 1 54 8 20 6 12 6 52 158 $ 42,443.34 24 $ 4,483.06 18 $ 5,523.59 200 $ 52,449.98

1.1 12 4 12 28 $ 6,830.12 28 $ 6,830.12

1.2 16 6 6 6 12 46 $ 13,137.66 24 $ 4,483.06 18 $ 5,523.59 88 $ 23,144.31

1.3 22 8 6 6 28 70 $ 17,641.76 70 $ 17,641.76

1.4 4 8 2 14 $ 4,833.80 14 $ 4,833.80
Task 2 20 2 8 4 6 12 38 36 40 166 $ 37,845.12 44 $ 6,700.47 107 $ 20,062.70 29 $ 8,372.19 346 $ 72,980.49

2.1 10 4 4 6 10 10 44 $ 11,317.15 29 $ 8,372.19 73 $ 19,689.34

2.2 2 4 6 4 16 $ 3,258.68 107 $ 20,062.70 123 $ 23,321.38

2.3 2 4 20 26 $ 4,841.78 26 $ 4,841.78

2.4 6 2 4 6 6 20 20 16 80 $ 18,427.52 44 $ 6,700.47 124 $ 25,127.99 Task 3 28 18 24 24 26 120 $ 32,474.23 113 $ 19,196.70 233 $ 51,670.93

3.1 4 4 10 6 24 $ 7,150.60 24 $ 7,150.60

3.2 20 14 14 18 18 84 $ 22,782.43 84 $ 22,782.43

3.3 4 8 12 $ 2,541.20 113 $ 19,196.70 125 $ 21,737.90
Task 4 24 2 12 6 34 60 100 70 308 $ 67,490.44 63 $ 9,598.61 371 $ 77,089.05

4.1 2 2 6 6 6 22 $ 5,425.90 22 $ 5,425.90

4.2 8 2 2 8 24 50 50 144 $ 29,250.08 38 $ 5,837.75 182 $ 35,087.84

4.3 10 6 6 16 20 24 82 $ 20,461.64 82 $ 20,461.64

4.4 4 2 4 10 20 20 60 $ 12,352.82 25 $ 3,760.85 85 $ 16,113.67 Task 5 12 4 30 2 62 10 104 70 294 $ 67,210.97 294 $ 67,210.97

5.1 4 10 20 34 30 98 $ 21,665.20 98 $ 21,665.20

5.2 2 8 12 20 10 52 $ 12,196.37 52 $ 12,196.37

5.3 6 4 12 2 30 10 50 30 144 $ 33,349.40 144 $ 33,349.40 Task 6 6 22 10 66 104 $ 24,762.14 39 $ 12,194.19 143 $ 36,956.34

6.1 2 10 46 58 $ 12,673.62 58 $ 12,673.62

6.2 2 8 10 $ 3,319.18 39 $ 12,194.19 49 $ 15,513.37

6.3 Cultural Resources 2 4 10 20 36 $ 8,769.34 36 $ 8,769.34 Task 7 22 10 8 2 62 36 132 60 332 $ 73,495.30 332 $ 73,495.30

7.1 8 2 2 2 20 14 80 60 188 $ 38,164.49 188 $ 38,164.49

7.2 6 2 2 6 12 12 40 $ 9,757.99 40 $ 9,757.99

7.3 4 4 8 16 $ 4,695.21 16 $ 4,695.21

7.4 4 6 28 10 40 88 $ 20,877.61 88 $ 20,877.61
166 26 78 26 44 42 176 168 516 240 1,482 131 107 86 113 1,919 $42,999.27 $9,963.22 $28,550.52 $10,566.90 $15,406.13 $12,969.77 $48,288.93 $39,221.09 $97,077.16 $40,678.55 $ 345,721.54 $ 20,782.14 $ 20,062.70 $ 26,089.97 $ 19,196.70 $ 431,853.06 $ 8,728.61 $ 1,000.00 $ 12,540.00 $ - $ - $ 22,268.61
$ 1,728.61 $ 1,728.61
$ 250.00 $ 250.00
$ 1,500.00 $ 1,500.00
$ 250.00 $ 250.00
$ 5,000.00 $ 5,000.00
$ 1,000.00 $ 12,540.00 $ 13,540.00
$ 354,450.15 $ 21,782.14 $ 32,602.70 $ 26,089.97 $ 19,196.70 $ 454,121.66 LCC
Total Hours
WRT
Total Cost
WRT
Total Hours
Kimley-Horn
Total Cost
KimleyHorn
Total Hours
Kimley-Horn and Associates, Inc. Subconsultants
TOTAL

PROJECT
COSTS
TOTAL

PROJECT
HOURS
AR/WS
Total Cost
AR/WS
Total Hours
Sequoia
Total Cost
Sequoia
Total Hours
LCC
Total Cost
Note: Kimley-Horn will bill on a Time and Materials basis, not to exceed the total contract value as noted in Section 4.A. of the agreement.

Town of Moraga
School Street Feasibility, Concept Development, and Implementation Study Project Management and Coordination
Project Administration and Invoicing
Project Management Plan, Control, and Internal Coordination Town Meetings, Minutes, and Agenda
Sr.

Professional II
Sr.

Professional I
Sr.

Professional III
Manage QA/QC Program
Existing Information Review, Existing Conditions
Mapping, and Constraints Assessment
Data Collection and Site Visit
Topographic Survey and ROW Mapping
Utility Mapping
Existing Conditions Technical Assessment
Targeted Agency, Property Owner, and Stakeholder
Coordination
Stakeholder Outreach Plan
Coordination Meetings
Concept Alternatives Development
Concept Alternatives Workshop
Draft Concept Alternatives Development
Evaluation Matrix
Professional II Professional I Analyst II Analyst I
Right of Way Cost Analysis
Final Concept Alternatives Development
Traffic and Multimodal Analysis
Existing Conditions Transportation Analysis
Traffic Safety Analysis
Transportation Analysis of Design Alternatives
Preliminary Environmental and Implementation
Assessment
Environmental Assessment
Biological Analysis
Preferred Concept, Preliminary Concept Plans, Cost
Estimate, and Implementation Roadmap
Preliminary Concept Plans
Cost Estimate
Implementation and Funding Roadmap
Study Report
Subconsultant Expenses
Outside Printing/Courier Services

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Labor Escalation
TOTAL COST:

Travel/Mileage
Traffic Counts (NDS)
Cultual Resources Record Search Fees
Attachment C
69 Name
Peter
Winch
Rohit
Tak
Jacob
Tobias
Smera
Jacob
176.85% Overhead % Category/Title
PIC PM Senior Landscape
Architect Level II
10% Fee% Direct Rate $92.47 $50.96 $60.10 $43.64 $38.46 Billing Rate $281.60 $155.19 $183.03 $132.90 $117.12
Task 1 6 18 24 $ 4,483.06

1.2 6 18 24 $ 4,483.06
Task 2 3 16 1 24 44 $ 6,700.47

2.4 3 16 1 24 44 $ 6,700.47
Task 3 $ -
Task 4 3 8 12 40 63 $ 9,598.61

4.2 2 4 8 24 38 $ 5,837.75

4.4 1 4 4 16 25 $ 3,760.85
Task 5 $ -
Task 6 $ -
Task 7 $ -
12 42 13 64 131
$3,379.24 $6,518.02 $2,379.33 $8,505.54 $ 20,782.14
$ 1,000.00
$ 1,000.00
$ 21,782.14
Total
Costs
Town of Moraga
School Street Feasibility, Concept Development, and Implementation Study WRT - Urban Design
Staff
Level I
Total
Hours
Project Management and Coordination
Project Management Plan, Control, and Internal Coordination Existing Information Review, Existing Conditions Mapping, and Constraints Assessment
Existing Conditions Technical Assessment
Targeted Agency, Property Owner, and Stakeholder
Coordination
Concept Alternatives Development
Draft Concept Alternatives Development
Final Concept Alternatives Development
Traffic and Multimodal Analysis
Preliminary Environmental and Implementation Assessment Preferred Concept, Preliminary Concept Plans, Cost
Estimate, and Implementation Roadmap

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Reimbursable Expenses
TOTAL COST:

Attachment C
70 Name
Christine
Leptien-Parks
Jon
Loeswick
Russel
Buller
211.35% Overhead % Category/Title Principal Office
Surveyor CAD Drafter
10% Fee% Direct Rate $72.20 $60.30 $41.10 $65.79 $54.28 Billing Rate $247.27 $206.52 $140.76 $225.32 $185.90
Task 1 $ -
Task 2 6 19 34 24 24 107 $ 20,062.70

2.2 6 19 34 24 24 107 $ 20,062.70
Task 3 $ -
Task 4 $ -
Task 5 $ -
Task 6 $ -
Task 7 $ -
6 19 34 24 24 107
$1,483.65 $3,923.85 $4,785.89 $5,407.70 $4,461.62 $ 20,062.70 $ 12,540.00
$ 6,600.00
$ 5,940.00
$ 32,602.70
Town of Moraga
School Street Feasibility, Concept Development, and Implementation Study LCC Engineering & Surveying, Inc.

Field
Chief
Field
Chainman
Total
Hours
Total
Costs
Project Management and Coordination
Existing Information Review, Existing Conditions
Mapping, and Constraints Assessment
Topographic Survey and ROW Mapping
Targeted Agency, Property Owner, and Stakeholder
Coordination
Concept Alternatives Development
Traffic and Multimodal Analysis
Preliminary Environmental and Implementation
Assessment
Preferred Concept, Preliminary Concept Plans, Cost
Estimate, and Implementation Roadmap

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Aerial Mapping
Preliminary Title Reports
TOTAL COST:

Attachment C
71 Name
Brett
Hanshew
Kevin
Derby Stuart Poulter Alex
Hirth
Deanna
Rhoades
277.07% Overhead % Category/Title
Principal Sr. Regulatory
Specialist
Sr. Project
Manager GIS Analyst Staff Biologist
10% Fee% Direct Rate $95.64 $76.92 $70.47 $57.73 $37.00 Billing Rate $396.69 $319.05 $292.29 $239.45 $153.47
Task 1 2 2 14 18 $ 5,523.59

1.2 2 2 14 18 $ 5,523.59
Task 2 1 8 12 8 29 $ 8,372.19

2.1 1 8 12 8 29 $ 8,372.19
Task 3 $ -
Task 4 $ -
Task 5 $ -
Task 6 3 18 18 39 $ 12,194.19

6.2 3 18 18 39 $ 12,194.19
Task 7 $ -
6 28 44 8 86
$2,380.16 $8,933.30 $12,860.91 $1,915.61 $ 26,089.97
$ -
TOTAL COST: $ 26,089.97

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Preliminary Environmental and Implementation
Assessment Biological Analysis
Preferred Concept, Preliminary Concept Plans, Cost
Estimate, and Implementation Roadmap
Concept Alternatives Development
Traffic and Multimodal Analysis
Existing Information Review, Existing Conditions
Mapping, and Constraints Assessment Data Collection and Site Visit Targeted Agency, Property Owner, and Stakeholder
Coordination
Town of Moraga
School Street Feasibility, Concept Development, and Implementation Study Sequoia Ecological Consulting, Inc.

Total
Hours
Total
Costs
Project Management and Coordination
Project Management Plan, Control, and Internal Coordination Attachment C
72 Name
Matthew
Schock
Steve
Castellano
Mark
Shindler
142.74% Overhead % Category/Title
Principal
Consultant
Managing
Consultant Consultant III
10% Fee% Direct Rate $108.16 $84.13 $50.00 $95.00 $70.00 $55.00 $45.00 $40.00 $95.00 $70.00 $55.00 $37.00 Billing Rate $288.80 $224.64 $133.51 $253.66 $186.91 $146.86 $120.16 $106.81 $253.66 $186.91 $146.86 $98.80 Task 1 $ -
Task 2 $ -
Task 3 8 24 60 16 5 113 $ 19,196.70

3.3 8 24 60 16 5 113 $ 19,196.70
Task 4 $ -
Task 5 $ -
Task 6 $ -
Task 7 $ -
8 24 60 16 5 113
$2,310.42 $5,391.33 $8,010.42 $2,990.56 $493.98 $ 19,196.70 $ -
$ 19,196.70
Town of Moraga
School Street Feasibility, Concept Development, and Implementation Study Associated Right of Way Services, Inc.

Managing
Consultant Consultant III Consultant II Consultant I Right of WayTechnician Appraiser III Appraiser II Appraiser I AdministrativeSupport Total
Hours
Total
Costs
Project Management and Coordination
Existing Information Review, Existing Conditions
Mapping, and Constraints Assessment
Targeted Agency, Property Owner, and Stakeholder
Coordination
Right of Way Cost Analysis
Concept Alternatives Development
Traffic and Multimodal Analysis
Preliminary Environmental and Implementation
Assessment
Preferred Concept, Preliminary Concept Plans, Cost
Estimate, and Implementation Roadmap
Subtotal Labor:

TOTAL HOURS
Other Direct Costs
TOTAL COST:

Attachment C
73 Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study

EXHIBIT D
Other Consultants, Specialists or Experts Employed by Consultant If none specify “None”
[To be Inserted]
Attachment C
74 Kimley-Horn Professional Service Agreement School Street Feasibility, Concept Development, and Implementation Study

EXHIBIT E
Town of Moraga
Insurance and Liability Requirements
[attach]
Attachment C
75 School Street Feasibility, Concept Development, and Implementation Study Category
Project School Street
Transportation
Project No: 25-402
Public Works
Location:

Responsible
Department:
2025-26 2026-27 2027-28 2029-30

PROJECT
TOTAL

EXPENDITURES
(Thousands of Dollars)
2028-29
FY 24/25
Carryover
Prior FY
Actuals
FY2024 -
FY2025
Expenses
071 - Administration 2 1 100 103
081 - Study 500 500
EXPENDITURE TOTALS 2 1 600 603
FUNDING SOURCES
210-Measure J 2 1 3
362-MTC LS&R Grant 600 600
FUNDING TOTALS 2 1 600 603
Project Objective: Advance the Moraga Center Specific Plan’s vision for a walkable, mixed-use village by evaluating the feasibility of extending School Street and developing it as a “Main Street” serving existing businesses and future residential and commercial development. The study will evaluate opportunities to improve circulation and shopping center access, provide safer and more connected pedestrian and bicycle facilities, and strengthen connections to the Lafayette-Moraga Regional Trail. It will establish a preferred concept and implementation roadmap to guide future funding, design, and construction decisions.

Project Description: School Street serves the Moraga Center shopping area but does not currently provide a continuous roadway connection between Moraga Way and Moraga Road/St. Mary’s Road. The Moraga Center Specific Plan envisions extending School Street to create that connection and support a pedestrian-oriented village with improved access to shopping, housing, recreation, and community destinations. This project will complete a feasibility, concept development, and implementation study for the School Street corridor and proposed extension. The study will evaluate roadway alignments and connection alternatives at Moraga Road/St. Mary’s Road, shopping center access, traffic operations, parking, pedestrian and bicycle facilities, regional trail connections, and streetscape opportunities. Coordination with property owners and stakeholders, together with preliminary assessment of right-of-way, utility, drainage, and environmental constraints, will inform the alternatives. Deliverables will include a preferred concept, preliminary concept plans, planning-level cost estimates, and an implementation and funding roadmap. Subsequent environmental review, final design, rightof-way acquisition, and construction will require additional funding and approvals.

Basis for Schedule: The study is anticipated to begin in FY 2026–27 and take up to 15 months to complete, extending into FY 2027–28
Basis for Cost: The estimated cost is based on the scope needed to complete the study, for which the Town secured a $600,000 MTC grant.

Attachment D

REVISED
76 CONSENT CALENDAR: 6.5
To: Honorable Mayor and Councilmembers
From: Mackenzie Brady, Parks and Recreation Director
Subject:

Acquisition and Placement of Douglas Heine's Full Circle #2 Sculpture Meeting Date: October 14, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Adopt a Resolution:

1. Approving the acquisition of Douglas Heine’s Full Circle #2 sculpture for $900 from the Art in Public Spaces fund;

2. Approving placement of Full Circle #2 at Location C within the Town-owned linear park along St. Mary’s Road, adjacent to the Lafayette-Moraga Regional Trail; and

3. Authorizing the Town Manager to execute any applicable agreement or other documents necessary to complete the acquisition and installation, in a form approved by the Town Attorney.

BACKGROUND
In November 2015, the Town Council established the Art in Public Spaces Committee (APSC), adopted the Art in Public Spaces Policy, and established the Art in Public Spaces Fund to promote and advance public art within the Moraga community. The Public Art Policy establishes procedures for the selection and acceptance of artwork, placement and site selection, funding of installation and maintenance, and removal of artwork.

Artist Douglas Heine submitted Full Circle #2 for consideration through the Town’s public art program. The APSC reviewed the sculpture and recommended its acquisition for $900 and placement within the Town-owned Linear Park along St. Mary’s Road, adjacent to the Lafayette-Moraga Regional Trail (LMRT).

As part of its review of Full Circle #2, the APSC identified six potential sculpture locations, 77 labeled A through F, within the Town-owned linear park along St. Mary’s Road. Because the sites are located on Town-owned park property, the locations were presented to the Parks and Recreation Commission for review from a park use, maintenance, and operational perspective.

At its September 14, 2026 meeting, the Parks and Recreation Commission approved three of the six locations for sculpture placement: Location A, which is already occupied by an existing sculpture; Location C for placement of Full Circle #2; and one additional location that may be used for a future APSC-recommended sculpture without returning to the Parks and Recreation Commission solely for placement approval. The Commission did not approve the remaining three locations, expressing concern that additional sculpture locations could result in an overly concentrated or cluttered appearance along this stretch of the linear park.

The APSC understands that these three locations represent the extent of the currently approved sculpture locations along this stretch. Once the additional approved location is occupied, future opportunities for new artwork in this area would generally require rotation or removal of sculptures currently on loan to the Town, consistent with applicable loan agreements and the Town’s Public Art Policy. Any proposal to establish additional sculpture locations would require further Parks and Recreation Commission review.

DISCUSSION
Full Circle #2 is constructed of formed aluminum with a burnished finish and measures approximately nine feet long, ten feet tall, and two feet wide, with an approximate weight of 400 pounds. The sculpture would be secured to a concrete foundation.

The APSC recommended that the Town acquire the sculpture for $900 using the Art in Public Spaces fund. The Parks and Recreation Commission subsequently approved Location C as the installation site.

Location C is on Town-owned property outside of the East Bay Regional Park District easement associated with the LMRT. The site does not currently support established landscaping or vegetation requiring routine maintenance around the sculpture and provides appropriate separation from trail operations.

The proposed acquisition would add Full Circle #2 to the Town’s permanent public art collection. The Town Council previously approved another sculpture by Douglas Heine, Mirror Ball, for placement along the LMRT in January 2026.

FISCAL IMPACT
The purchase price for Full Circle #2 is $900, which will be funded by the Art in Public Spaces fund. There is sufficient fund balance available in the Art in Public Spaces fund. Costs associated with installation, including the concrete foundation and staff labor, will be funded through applicable available budget resources, including the Parks and Recreation operations and maintenance budget. Annual maintenance needs are anticipated to be minimal.

CEQA COMPLIANCE
Approval of the acquisition and installation of Full Circle #2 is not subject to review under the 78 California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000 et seq. and CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.), including without limitation Section 15378, as this action does not constitute a “project” that may cause a direct or reasonably foreseeable indirect physical change in the environment.

ALTERNATIVES

1. Approve the acquisition and/or placement with modifications;

2. Decline to approve the acquisition; or

3. Request additional information and direct staff to return at a future meeting.

NEXT STEPS
Upon Town Council approval, staff will coordinate the acquisition and installation of Full Circle #2 at Location C.

ATTACHMENTS
Attachment A - Draft Resolution - Doug Heine Sculpture
Attachment B - SEP 14 2026 Parks and Recreation Commission Staff Report Attachment C - Proposed Sculpture Locations
Attachment D - Full Circle Application with Renderings
79 Attachment A
Resolution No. XX-2026 1 October 14, 2026

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. xx-2026

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

MORAGA APPROVING THE ACQUISITION AND PLACEMENT OF DOUGLAS HEINE’S FULL CIRCLE #2 SCULPTURE
WHEREAS, in November 2015, the Town Council established the Art in Public Spaces Committee (“APSC”), adopted the Art in Public Spaces Policy, and established the Art in Public Spaces Fund to promote and advance public art within the Moraga community;
WHEREAS, artist Douglas Heine submitted Full Circle #2 for consideration through the Town’s public art program;
WHEREAS, Full Circle #2 is a formed aluminum sculpture with a burnished finish measuring approximately nine feet long, ten feet tall, and two feet wide, with an approximate weight of 400 pounds;
WHEREAS, the APSC reviewed Full Circle #2 and recommended that the Town acquire the sculpture for $900 using funds available in the Art in Public Spaces budget and install the sculpture within the Town-owned linear park along St. Mary’s Road, adjacent to the Lafayette-Moraga Regional Trail;
WHEREAS, because the proposed installation site is located on Townowned park property, the proposed placement was presented to the Parks and Recreation Commission for consideration;
WHEREAS, at its September 14, 2026 meeting, the Parks and Recreation Commission approved Location C for placement of Full Circle #2; WHEREAS, Location C is located on Town-owned property outside of the East Bay Regional Park District easement associated with the Lafayette-Moraga Regional Trail, does not currently support established landscaping or vegetation requiring routine maintenance around the sculpture, and provides appropriate separation from trail operations;
WHEREAS, Full Circle #2 will be secured to a concrete foundation and, upon acquisition, will become part of the Town’s public art collection; and WHEREAS, the Town Council desires to approve the acquisition of Full Circle #2 for $900 and its placement at Location C.

NOW THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL OF
THE TOWN OF MORAGA HEREBY AUTHORIZES:
80 Resolution No. XX-2026 2 October 14, 2026

1. The Town Council hereby approves the acquisition of Douglas Heine’s Full Circle #2 sculpture for a purchase price of $900, with funding from the Art in Public Spaces budget.

2. The Town Council hereby approves installation of Full Circle #2 at Location C within the Town-owned linear park along St. Mary’s Road, adjacent to the Lafayette-Moraga Regional Trail.

3. The Town Manager, or designee, is authorized to execute any applicable agreement and other documents and take such actions as are reasonably necessary to complete the acquisition and installation of Full Circle #2, subject to approval as to form by the Town Attorney.

4. The Town Council finds that approval of the acquisition and installation of Full Circle #2 is not subject to review under the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21000 et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.), including without limitation Section 15378, because the action does not constitute a “project” that may cause a direct or reasonably foreseeable indirect physical change in the environment. 81 NEW BUSINESS: 5.A
To: Parks and Recreation Commissioners
From: Mackenzie Brady, Parks and Recreation Director
Subject: Approval of Proposed Public Art Locations within the Linear Park along St. Mary’s Road and Location for Douglas Heine’s Full Circle #2 Sculpture Meeting Date: September 14, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION

1. Approve the proposed locations shown in Attachment A as designated locations for future public art installations within the Town-owned Linear Park along St. Mary’s Road, adjacent to the Lafayette-Moraga Regional Trail, allowing future artwork proposed for these approved locations to proceed through the applicable Art in Public Spaces review process without additional Parks and Recreation Commission review solely for site placement; and

2. Approve Location C, as shown in Attachment A, for placement of Douglas Heine’s Full Circle #2 sculpture.

BACKGROUND
In November 2015, the Town Council established the Art in Public Spaces Committee (APSC) to promote and advance public art within the Moraga community. Concurrently, the Town Council adopted the Art in Public Spaces Policy and established the Art in Public Spaces Fund. The Public Art Policy establishes procedures for the selection and acceptance of artwork, placement and site selection, funding of installation and maintenance, and removal of artwork.

The APSC continues to expand and enhance public art opportunities throughout Moraga consistent with its Town Council-approved work plan and the Public Art Policy.

As part of these efforts, the APSC has evaluated potential locations for public art within the Town-owned Linear Park along St. Mary’s Road, adjacent to the LMRT. Establishing designated locations in advance is intended to streamline the administrative process for future installations by allowing the suitability of the sites from a park use, maintenance, and operational perspective to be considered separately from individual artwork.

Attachment B
82 The APSC has also considered Full Circle #2, a sculpture by artist Douglas Heine, for acquisition by the Town and placement at Location C.

At its September 14, 2026 meeting, the APSC approved the proposed public art locations shown in Attachment A and recommended the acquisition of Full Circle #2 for placement at Location C.

Because the proposed locations are on Town-owned park property, they are being presented to the Parks and Recreation Commission for review and approval prior to consideration by the Town Council.

DISCUSSION
Proposed Public Art Locations
The LMRT is overseen and managed by East Bay Regional Park District (EBRPD) pursuant to an easement through Town-owned property. The trail is approximately 10 feet wide, and the EBRPD easement extends 10 feet from the centerline of the trail. All proposed sculpture locations shown in Attachment A are on Town-owned park property outside of the EBRPD easement.

The locations were selected with consideration for ongoing maintenance and trail operations.

Staff focused on areas that are not currently landscaped or supporting established vegetation and where installation of a sculpture would have minimal impact on existing maintenance activities. This approach avoids creating additional landscape maintenance needs or interfering with routine maintenance performed by either Town or EBRPD staff.

Approval of the designated locations will resolve the Parks and Recreation Commission’s park siting review for these sites. Following approval by the Parks and Recreation Commission and Town Council, future sculptures proposed for an approved location would not require additional Parks and Recreation Commission review solely for site placement.

Approval of the locations does not constitute approval of future artwork or provide blanket authorization for additional sculpture projects. Future sculpture projects will remain limited to those included within the APSC’s Town Council-approved work plan. Each individual artwork will continue to proceed through the review and approval process established by the Public Art Policy, including APSC consideration of the artwork and its proposed location and a recommendation to the Town Council for final action.

The proposed locations provide a finite number of opportunities for sculpture installations along the corridor. Once the approved locations are occupied, accommodating future installations may require rotation or removal of sculptures on loan to the Town, consistent with applicable loan agreements and the Public Art Policy.

Douglas Heine’s Full Circle #2 – Location C
Artist Douglas Heine submitted Full Circle #2 for consideration through the Town’s public art program. The sculpture is constructed of formed aluminum with a burnished finish and measures approximately nine feet long, ten feet tall, and two feet wide, with an approximate 83 weight of 400 pounds. The sculpture would be secured to a concrete foundation.

At its September 14, 2026 meeting, the APSC recommended acquisition of Full Circle #2 for $900, to be funded from the Art in Public Spaces budget, and selected Location C as the proposed site.

Location C meets the same siting considerations applied to the other proposed locations. It is on Town-owned property outside of the EBRPD easement, does not currently support established landscaping or vegetation that would require routine maintenance around the sculpture, and provides appropriate separation from LMRT operations.

The Parks and Recreation Commission is being asked to approve placement of Full Circle #2 at Location C. Acquisition and display of the sculpture will subsequently be presented to the Town Council for consideration in accordance with the Public Art Policy.

FISCAL IMPACT
There is no fiscal impact associated with the Parks and Recreation Commission’s approval of the proposed public art locations.

The APSC recommended purchase of Full Circle #2 for $900 from the Art in Public Spaces budget. Costs associated with installation, the foundation, maintenance, or other improvements will be addressed through applicable available budget resources.

CEQA COMPLIANCE
Approval of the proposed public art locations is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000 et seq. and CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.), including without limitation Section 15378, as this action does not constitute a “project” that may cause a direct or reasonably foreseeable indirect physical change in the environment.

ALTERNATIVES
The Parks and Recreation Commission may:

1. Approve the proposed public art locations and the placement of Full Circle #2 at Location C as presented;

2. Approve the proposed public art locations and/or the placement of Full Circle #2 with modifications; or

3. Request additional information and direct staff to return at a future meeting.

NEXT STEPS
Following Parks and Recreation Commission action, staff will present the proposed designated public art locations and the acquisition and placement of Douglas Heine’s Full Circle #2 at Location C to the Town Council for consideration.
84 Upon Town Council approval, staff will coordinate the acquisition and installation of Full Circle #2. Future sculpture projects proposed for the remaining approved locations will proceed through the applicable Public Art Policy process without returning to the Parks and Recreation Commission solely for site placement.

ATTACHMENTS
A. Proposed Sculpture Locations
B. Full Circle Application with Renderings
85 A C D
E F
B
Lafayette-Moraga Regional Trail
Proposed Sculpture Locations
Attachment C
86 Attachment D
87 88
Sculpture
Renderings
89 90
CONSENT CALENDAR: 6.6
To: Honorable Mayor and Councilmembers
From: Mackenzie Brady, Parks and Recreation Director
Subject: Authorization to Submit Statewide Park Program Grant Application for Outdoor Recreation Improvements along St. Mary’s Road
Meeting Date: October 14, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Adopt a Resolution:

2. Designating the Town Manager, or designee, as the authorized representative for application preparation and submission.

BACKGROUND
Staff have identified a statewide grant opportunity to fund improvements to the linear park along St. Mary’s Road. The linear park along St. Mary’s Road is a 21.5- acre special use park adjacent to Moraga Commons Park that encompasses a segment of the Lafayette-Moraga Regional Trail. The corridor provides walking, bicycling, fitness, and informal recreation opportunities and includes landscaping, seating, public art, and fitness stations. The regional trail extends through Moraga and into Lafayette, connecting neighborhoods, schools, parks, and other community destinations. Improvements within the identified areas could serve Moraga and Lafayette residents and other regional trail users.

As the Town nears completion of the Parks and Open Space Master Plan, which Town Council will consider on November 18, 2026, staff requests authorization to pursue funding within the identified project areas rather than approval of a fixed list of specific recommendations.

Statewide Park Development and Community Revitalization Program (SPP) 91 SPP Round 5, funded through Proposition 4, supports new parks and improvements to existing parks in critically underserved and climate- vulnerable communities. Requests may range from $200,000 to $8.5 million, with no required match, and applications are due December 17, 2026.

DISCUSSION
Proposed Project Areas and Scope Development
Staff recommends preparing an SPP grant application for eligible outdoor recreation improvements to the linear park along St. Mary’s Road and related improvements within the southern area of Moraga Commons Park along St. Mary’s Road. This geographic approach allows staff to develop an application responsive to community needs and grant criteria while accounting for revisions resulting from the Master Plan review process.

Potential improvements may include a dog park, a small youth sports field suitable for U10 play, a pump track or other bicycle recreation features, walking paths, seating, shade elements, and associated access and parking improvements. These examples are illustrative; inclusion in a grant application would depend on community input, site feasibility, property availability, grant eligibility, and applicable Commission and Council direction.

Application development would evaluate opportunities to improve outdoor recreation access and experiences, accessibility, pedestrian and bicycle connections, shade and comfort, and environmental stewardship. Related access, circulation, parking, drainage, and landscape improvements within the linear park and within the southern area of Moraga Commons Park would be evaluated where they support the outdoor recreation project and meet grant eligibility requirements.

Specific amenities, locations, quantities, project boundaries, and requested funding amounts would be refined through community engagement, site assessment, coordination with affected agencies and property owners, and Commission and Council direction. The application scope would reflect applicable Council direction provided during consideration of the Master Plan on November 18, 2026. If additional authorization is needed for a proposed scope or funding commitment, staff would return to Council before submission.

Partnership Opportunities and Area Selection
Staff recommends this area because its regional connectivity and concentration of potential partners offer a stronger opportunity to develop a competitive grant application than other locations considered. The Lafayette-Moraga Regional Trail connects residents with parks, schools, the library, and other community destinations, extending the project’s benefits to Moraga and Lafayette residents and regional trail users.

Nearby schools, early childhood programs, senior living communities, regional recreation providers, and property owners offer opportunities for collaborative planning, programming, and stewardship. Staff will confirm participation and any financial or in-kind contributions before representing them as commitments in the application.

FISCAL IMPACT
Staff is working through the Town’s contract with California Consulting to prepare the grant application, which is estimated to cost up to $12,000. There is sufficient appropriation in the 92 FY 2026-27 Park and Recreation operating budget to fund the grant application.

A final project budget and grant request have not been established. Preliminary estimates in the Draft PROS Master Plan may inform application development, but the selected improvements and associated costs remain subject to revision. Staff will prepare updated estimates for the proposed application scope, including construction, design, environmental documentation, contingencies, and eligible supporting improvements.

The SPP grant does not require matching funds. If the Town is awarded the grant, staff will return to Town Council for grant acceptance and appropriation.

CEQA COMPLIANCE
The requested action concerns preparation and submission of a grant application and does not authorize construction or establish a final project design. Staff would coordinate with Planning staff and the Town Attorney to confirm the appropriate environmental determination for this action and complete documentation required by the grant program. Subsequent project approvals and implementation would be subject to applicable environmental review and permits.

ALTERNATIVES

1. Decline to authorize pursuit of the SPP grant; or

2. Narrow the geographic areas included in the authorization; or

3.Defer authorization pending further project development or completion of the Master Plan review process.

NEXT STEPS
If authorized by Council, staff would:

1. Confirm program requirements, the application timeline, eligible project components, and application preparation costs.

2. Conduct community engagement, assess site feasibility, and coordinate with affected agencies, potential partners, and property owners.

3. Refine the proposed scope, budget, and funding strategy based on community input and direction from the Parks and Recreation Commission and Council during the PROS Master Plan review process.

4. Return to Council for any additional authorization needed for the proposed scope or funding commitments before submission.

5. Prepare and submit the SPP grant application consistent with Council’s authorization and applicable grant requirements.

6. Return to Council for grant acceptance, appropriation, and authorization to execute the grant agreement if funding is awarded.
93 ATTACHMENTS
Attachment A - Draft SPP Resolution
Attachment B - Concept Map
94 Attachment A
Resolution No. XX-2026 1 October 14, 2026

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. xx-2026

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MORAGA

APPROVING THE APPLICATION FOR THE STATEWIDE PARK

DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM FOR
OUTDOOR RECREATION IMPROVEMENTS ALONG ST. MARY’S ROAD
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Development and Community Revitalization Grant Program, setting up necessary procedures governing the application; WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope project.

NOW THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL
HEREBY: APPROVES THE FILING OF AN APPLICATION FOR THE ST. MARY’S ROAD OUTDOOR RECREATION IMPROVEMENTS; AND

1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project; and

2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project, and

3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and

4. Delegates the authority to the Parks and Recreation Director, or designee, to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
95 Attachment B – Potential SPP Grant Project Area
Draft PROS Master Plan Concept Map
Southern Moraga Commons Park
Linear park along St. Mary’s Road
Conceptual study area based on the October 12, 2026 Draft PROS Master Plan; final grant boundary to be determined. Scope and costs remain subject to community input, feasibility, property-owner coordination, grant requirements, and Commission and Council direction. Grant application authorization does not approve a final design or construction.

Attachment B
96 CONSENT CALENDAR: 6.7
To: Honorable Mayor and Councilmembers
From: Scott Mitnick, Town Manager
Subject: Reclassification of Administrative Services Director to Assistant Town Manager/Administrative Services Director and Updated Employee Salary Schedule (Effective October 18, 2026)
Meeting Date: October 14, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Adopt a resolution to reclassify the Administrative Services Director position to Assistant Town Manager/Administrative Services Director and approving the Employee Salary Schedule dated and effective October 18, 2026.

BACKGROUND
The Town’s Administrative Services Director is a department head position which reports to the Town Manager and serves as the organization’s Chief Financial Officer managing the Town’s budget, accounting, purchasing, investments, risk management, human resources, information technology, and related administrative support functions. Over time, this position has evolved into a key partner working closely with the Town Manager. This position now serves as the primary “Acting Town Manager,” when the Town Manager is out of the office.

In June 2026, the Town engaged the Municipal Resource Group, LLC (MRG Consultants) to conduct a “Townwide Organizational and Staffing Level Assessment.” While the study Is not yet complete, one of the initial recommendations is to reclassify this position to “Assistant Town Manager” to reflect the nature of the day-to-day work and to be in sync with how other similar sized California municipalities are organized.

Most California Municipalities have an Assistant City/Town Manager Position Based on multiple data sources, the majority of California incorporated cities and towns have an Assistant City Manager or Assistant Town Manager position. Some cities/towns also use the title of Deputy City Manager or Deputy Town Manager. In most instances, although not all, the use of the word “Assistant” in the job title reflects the top #2 position in an organization which also serves as the organization’s “Chief Operating Officer.” In larger cities (with a 97 population greater than 100,000 residents), it is not unusual to have two or more Assistant City Managers or Deputy City Managers.

The use of “Deputy” in the job title often reflects a more journey-level position that is below that of an Assistant City/Town Manager. Some cities/towns also have mid-level “Assistant to the City/Town Manager” positions.
90% of Contra Costa County Municipalities have an Assistant City/Town Manager In Contra Costa County, 12 cities (63%) have traditional Assistant City Manager positions.

Five (26%) municipalities have a combined “Assistant City Manager/Department Head” job title, as follows:

Town of Clayton: Assistant City Manager/Administrative Services Director Town of Danville: Assistant Town Manager/Maintenance Services Director City of Lafayette: Assistant City Manager/Administrative Services Director City of Hercules: Assistant City Manager/Department Head City of Orinda, Assistant City Manager/Administrative Services Director In Hercules and Orinda, the City Manager is authorized to allow one department head to use the working title of Assistant City Manager/Department Head. In both cases, the use of this job title includes a 5% salary differential.

Currently, there are two (11%) Contra Costa municipalities that do not have an Assistant City/Town Manager position: The City of Pleasant Hill and Town of Moraga. Pleasant Hill previously had an Assistant City Manager/ Community D
evelopment Director position. That was recently reclassified to a Public Works Director position.

Lamorinda Municipalities
City of Lafayette:

The Lafayette City Manager’s Office is made up of the following positions:

City Manager
Assistant City Manager/Administrative Services Directo
Senior Management Analys
Executive Assistant
Note: Assistant City Manager/Administrative Services Director is technically part of the Administrative Services Department.

City of Orinda:

The Orinda City Manager’s Office is made up of the following positions:

City Manager
Assistant City Manager/Administrative Services Director Assistant to the City Manager
98 Management Analyst
Executive Assistant
Note: Assistant City Manager/Administrative Services Director is technically part of the Administrative Services Department.

Town of Moraga:

The Moraga Town Manager’s Office is made up of the following positions:

Town Manager
Town Clerk
Senior Administrative Assistant

DISCUSSION
Ability to establish a new Assistant Town Manager position The Town of Moraga is a very lean and efficient organization with a total of 42 full-time equivalent positions. The Town Manager’s Office consists of three full-time employees: the Town Manager, the Town Clerk, and one administrative support Senior Administrative Assistant position. The office does not have an Assistant Town Manager, Management Analyst, or any other managerial position. While the workload is sufficient to justify establishing a new and separate Assistant Town Manager position, the Town is not financially able to support doing so.

Ability to reclassify the existing Administrative Services Director position to Assistant Town Manager/Administrative Services Director
However, the Town is positioned and able to reclassify the existing Administrative Services Director job title to that of Assistant Town Manager/Administrative Services Director. With this job title, this position will function as both the organization’s Chief Operating Officer and Chief Financial Officer. The current job duties of the Administrative Services Director will remain intact. If authorized, the job description will be revised to reflect that this position will assist the Town Manager in overseeing the day-to-day operations and act in his/her absence.

Compensation
The top step salary for the Assistant City/Town Manager positions in Contra Costa County varies from $225,000 (City of Oakley) to over $300,000 (City of Concord). With respect to the two other Lamorinda municipalities, the top step of the salary ranges are as follows:

Lafayette Assistant City Manager/Admin. Services Director: $276,072 Orinda Assistant City Manager/Admin. Services Director: $232,632 The recommendation is that the salary range for the Town of Moraga is proposed to be set at the mid-point between Lafayette and Orinda, with the top salary step of $254,352. This would represent a 10.8% increase to the existing Administrative Services Director salary range. The proposed salary range for the Assistant Town Manager/Administrative Services Director is $209,208 - $254,352, as shown in Attachment B.
99 The proposed new salary range would place this position in an appropriate relationship to the compensation of other department heads and in-line with industry practice. This position will remain in the Department Head group. The proposed resolution does not include any changes to existing benefits.

FISCAL IMPACT
The anticipated cost to the FY 2026-27 General Fund Budget for the remainder of the fiscal year is $9,745. Sufficient funds were included in the adopted FY 2026-27 General Fund Budgets to cover the proposed adjustments. As a result, budget amendments are not needed for this fiscal year.

CEQA COMPLIANCE
Approval of the Assistant Town Manager/Administrative Services Director position and the proposed Salary Schedule effective October 18, 2026 is not subject to review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.), because it constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

ALTERNATIVES

1. Adopt the proposed resolution with changes.

2. Do not adopt the proposed resolution.

NEXT STEPS
If approved, the new job title and salary range will go into effect on October 18, 2026. Staff will also revise the position’s job description.

ATTACHMENTS
Attachment A - Draft Resolution - Reclassification of Administrative Director Position Attachment B - Salary Schedule FY 27 Eff 10-18-26
100
Attachment A
Resolution No. XX-2026 1 October 14, 2026

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. xx-2026

RECLASSIFICATION OF THE ADMINISTRATIVE SERVICES DIRECTOR TO

ASSISTANT TOWN MANAGER/ADMINISTRATIVE SERVICES DIRECTOR AND

APPROVING THE SALARY SCHEDULE DATED AND EFFECTIVE AS OF OCTOBER 18, 2026
WHEREAS, the salary schedule establishes the salary ranges and steps for each classification within the Town’s classification plan;
WHEREAS, the Town Council approves the salary schedule for Town of Moraga employees;
WHEREAS, the Salary Schedule is immediately accessible and available for public review and is posted on the Town of Moraga’s website;
WHEREAS, it is recommended the Administrative Services Director be reclassified to the Assistant Town Manager;
WHEREAS, staff recommends the salary range for the Assistant Town Manager/Administrative Services Director classification be updated; WHEREAS, staff is recommending that the Town Council consider and approve the updated Salary Schedule data and effective as of October 18, 2026 to reflect the reclassified Assistant Town Manager/Administrative Services Director classification; and WHEREAS, adoption of the updated salary schedule does not require additional allocation of funds for Fiscal Year 2026-27.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Moraga does hereby approve the reclassification of the Administrative Services Director position to Assistant Town Manager/Administrative Services Director, effective as of October 18, 2026.

BE IT FURTHER RESOLVED, the Town Council hereby approves the revised Town of Moraga Salary Schedule dated, effective as of October 18, 2026, included herein by reference, to reflect the reclassified Assistant Town Manager/Administrative Services Director classification and salary range.
101
Classification Employee
Group Step A Step B Step C Step D Step E
Hourly 47.73 50.13 52.64 55.27 58.02
Monthly 8,275 8,689 9,124 9,579 10,058
Annual 99,297 104,265 109,483 114,951 120,696
Hourly 37.24 39.10 41.05 43.11 45.26
Monthly 6,455 6,778 7,116 7,473 7,846
Annual 77,463 81,333 85,388 89,674 94,146
Hourly 32.24 33.85 35.55 37.32 39.20
Monthly 5,589 5,869 6,162 6,470 6,793
Annual 67,067 70,425 73,944 77,638 81,520
Hourly 23.98 25.17 26.43 27.76 29.15
Monthly 4,156 4,364 4,582 4,811 5,052
Annual 49,877 52,364 54,984 57,738 60,625
Hourly 100.58 100.07 95.31 105.08 110.34
Monthly 17,434 18,288 19,210 20,179 21,196
Annual 209,208 219,456 230,520 242,148 254,352
Hourly 41.76 43.85 46.05 48.34 50.76
Monthly 7,239 7,601 7,981 8,380 8,799
Annual 86,867 91,212 95,770 100,556 105,583
Hourly 52.74 55.38 58.16 61.05 64.12
Monthly 9,143 9,600 10,080 10,583 11,113
Annual 109,713 115,194 120,956 126,999 133,362
Hourly 44.89 47.13 49.49 51.97 54.57
Monthly 7,781 8,170 8,579 9,008 9,458
Annual 93,377 98,043 102,949 108,096 113,497
Hourly 57.17 60.03 63.04 66.19 69.50
Monthly 9,911 10,406 10,927 11,473 12,047
Annual 118,930 124,873 131,118 137,680 144,558
Hourly 51.43 54.01 56.70 59.53 62.51
Monthly 8,915 9,360 9,828 10,319 10,835
Annual 106,974 112,323 117,936 123,826 130,022
Hourly 34.43 36.15 37.95 39.86 41.86
Monthly 5,968 6,266 6,579 6,909 7,255
Annual 71,614 75,197 78,953 82,910 87,054
Hourly 45.22 47.49 49.86 52.35 54.97
Monthly 7,839 8,231 8,642 9,074 9,528
Annual 94,063 98,770 103,700 108,883 114,332
Hourly 43.01 45.17 47.42 49.79 52.29
Monthly 7,456 7,829 8,220 8,631 9,064
Annual 89,474 93,952 98,644 103,577 108,764
Hourly 32.10 33.70 35.39 37.16 39.01
Monthly 5,563 5,842 6,134 6,440 6,762
Annual 66,761 70,103 73,606 77,282 81,145
Accounting Technician
(Confidential) MEA
Associate Planner MidMgmt/Prof
Community Services Officer MEA
Engineering Technician/Inspector MEA
Lead Maintenance Worker MEA
Maintenance Worker MEA
Administrative Clerk MEA
Assistant Town
Manager/Administrative Services
Director
Dept Dir
Administrative Services
Technician MEA
Assistant Engineer MEA
Assistant Planner MEA
Associate Engineer MidMgmt/Prof

TOWN OF MORAGA
SALARY SCHEDULE EFFECTIVE OCTOBER 18, 2026
Accountant (Confidential) MidMgmt/Prof
Administrative Assistant MEA
1 Attachment B
102
Classification Employee
Group Step A Step B Step C Step D Step E

TOWN OF MORAGA
SALARY SCHEDULE EFFECTIVE OCTOBER 18, 2026
Hourly 82.16 86.27 90.58 95.11 99.87
Monthly 14,242 14,953 15,701 16,486 17,310
Annual 170,898 179,441 188,414 197,830 207,716
Hourly 88.61 93.04 97.69 102.58 107.70
Monthly 15,359 16,127 16,933 17,781 18,669
Annual 184,306 193,521 203,200 213,368 224,027
Hourly 109.15 114.61 120.34 126.36 132.68
Monthly 18,920 19,866 20,859 21,902 22,998
Annual 227,043 238,389 250,308 262,826 275,970
Hourly 56.98 59.82 62.81 65.96 69.25
Monthly 10,370 10,888 11,432 12,004 12,604
Annual 124,434 130,650 137,184 144,050 151,249
Hourly 59.81 62.80 65.94 69.25 72.71
Monthly 10,886 11,431 12,002 12,603 13,233
Annual 130,636 137,170 144,022 151,235 158,795
Hourly 58.85 61.79 64.88 68.12 71.54
Monthly 10,710 11,246 11,809 12,399 13,020
Annual 128,525 134,958 141,709 148,792 156,237
Hourly 85.60 89.88 94.38 99.09 104.05
Monthly 14,837 15,579 16,359 17,177 18,035
Annual 178,050 186,954 196,306 206,119 216,421
Hourly 53.70 56.38 59.19 62.15 65.27
Monthly 9,772 10,260 10,773 11,312 11,878
Annual 117,264 123,119 129,277 135,738 142,533
Hourly 56.38 59.18 62.14 65.26 68.52
Monthly 10,260 10,772 11,310 11,877 12,470
Annual 123,119 129,262 135,724 142,518 149,645
Hourly 55.46 58.23 61.14 64.20 67.41
Monthly 10,094 10,598 11,127 11,684 12,268
Annual 121,124 127,181 133,527 140,205 147,216
Hourly 61.75 64.83 68.07 71.48 75.04
Monthly 11,238 11,799 12,390 13,009 13,659
Annual 134,857 141,593 148,676 156,106 163,912
Hourly 64.82 68.06 71.47 75.04 78.79
Monthly 11,798 12,387 13,006 13,657 14,340
Annual 141,579 148,647 156,078 163,884 172,080
Hourly 63.60 66.78 70.12 73.63 77.30
Monthly 11,575 12,154 12,762 13,400 14,070
Annual 138,904 145,843 153,143 160,805 168,842
Hourly 32.95 34.61 36.34 38.15 40.05
Monthly 5,712 5,998 6,298 6,613 6,943
Annual 68,550 71,982 75,578 79,353 83,320
Police Services Technician MEA
Police Patrol Officer MPOA
Police Patrol Officer, Advanced MPOA
Police Patrol Officer,
Intermediate MPOA
Police Sergeant MPOA
Police Sergeant, Advanced MPOA
Police Sergeant, Intermediate MPOA
Planning Director Dept Dir
Police Chief Dept Dir
Police Corporal MPOA
Police Corporal, Advanced MPOA
Police Corporal, Intermediate MPOA
Police Lieutenant MidMgmt/Prof
Parks & Recreation Director Dept Dir
2 103
Classification Employee
Group Step A Step B Step C Step D Step E

TOWN OF MORAGA
SALARY SCHEDULE EFFECTIVE OCTOBER 18, 2026
Hourly 67.83 71.23 74.80 78.53 82.46
Monthly 11,758 12,347 12,964 13,612 14,293
Annual 141,100 148,164 155,573 163,342 171,521
Hourly 93.77 98.45 103.38 108.55 113.97
Monthly 16,254 17,065 17,919 18,815 19,756
Annual 195,043 204,783 215,023 225,776 237,069
Hourly 54.11 56.81 59.65 62.63 65.76
Monthly 9,378 9,847 10,339 10,856 11,399
Annual 112,539 118,166 124,069 130,275 136,784
Hourly 37.24 39.11 41.06 43.11 45.27
Monthly 6,456 6,779 7,117 7,473 7,847
Annual 77,469 81,346 85,410 89,674 94,166
Hourly 60.61 63.64 66.82 70.16 73.67
Monthly 10,506 11,031 11,583 12,162 12,770
Annual 126,071 132,375 138,993 145,943 153,240
Hourly 45.62 47.90 50.30 52.82 55.46
Monthly 7,908 8,304 8,719 9,155 9,612
Annual 94,897 99,642 104,624 109,855 115,348
Hourly 57.29 60.15 63.16 66.32 69.63
Monthly 9,929 10,427 10,947 11,495 12,070
Annual 119,154 125,123 131,368 137,944 144,835
Hourly 40.95 43.01 45.17 47.42 49.79
Monthly 7,100 7,455 7,828 8,219 8,630
Annual 85,196 89,460 93,939 98,631 103,564
Hourly 69.28 72.75 76.39 80.21 84.22
Monthly 12,009 12,610 13,241 13,903 14,598
Annual 144,112 151,323 158,893 166,836 175,178
Hourly 52.37 54.99 57.74 60.63 63.65
Monthly 9,077 9,532 10,008 10,509 11,033
Annual 108,925 114,379 120,101 126,103 132,399
Hourly 37.16 39.02 40.98 43.01 45.17
Monthly 6,441 6,763 7,102 7,456 7,829
Annual 77,295 81,159 85,223 89,474 93,952
Hourly 56.10 58.90 61.84 64.94 68.19
Monthly 9,723 10,209 10,719 11,256 11,818
Annual 116,677 122,514 128,628 135,071 141,817
Hourly 56.10 58.90 61.84 64.94 68.19
Monthly 9,723 10,209 10,719 11,256 11,818
Annual 116,677 122,514 128,628 135,071 141,817
Hourly 44.75 47.00 49.35 51.81 54.41
Monthly 7,758 8,146 8,553 8,981 9,430
Annual 93,097 97,749 102,642 107,775 113,162
PW/Parks Maint Supervisor MidMgmt/Prof
Senior Accountant (Confidential) MidMgmt/Prof
Senior Administrative Assistant MEA
Recreation Manager MidMgmt/Prof
Senior Engineer MidMgmt/Prof
Senior Construction Inspector MEA
Senior Maintenance Worker MEA
Senior Planner MidMgmt/Prof
Senior Planner/Econ Dev Coord MidMgmt/Prof
Support Services Coordinator MEA
Recreation Coordinator MEA
Recreation Supervisor MidMgmt/Prof
Principal Planner MidMgmt/Prof
Public Works Director/Town
Engineer Dept Dir
3 104
Classification Employee
Group Step A Step B Step C Step D Step E

TOWN OF MORAGA
SALARY SCHEDULE EFFECTIVE OCTOBER 18, 2026
Hourly 73.79 77.47 81.34 85.41 89.68
Monthly 12,789 13,428 14,099 14,805 15,545
Annual 153,464 161,136 169,190 177,658 186,540
Hourly - - - - 158.88
Monthly - - - - 27,539
Annual - - - - 330,471
Facilities Attendant (PT) Unrepresented Hourly 16.90 17.75 18.63 19.56 20.54 Intern (PT) Unrepresented Hourly 16.90 17.75 18.63 19.56 20.54 Maintenance Worker (PT) Unrepresented Hourly 32.10 33.70 35.39 37.16 39.01 Recreation Leader I (PT) Unrepresented Hourly 16.90 17.75 18.63 19.56 20.54 Recreation Leader II (PT) Unrepresented Hourly 21.46 22.53 23.66 24.84 26.08 Town Clerk Dept Dir
Town Manager Contractual
4 105
PUBLIC HEARING: 8A.

To: Honorable Mayor and Councilmembers
From: Jon B. King, Chief of Police
Subject:

Accept the Report Detailing the Use of Military Equipment by the Moraga Police Department and Renew the Military Equipment Use Policy for the Moraga Police Department.

Meeting Date: October 14, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Accept the report detailing the Moraga Police Department’s use of Military Equipment and renew the Military Equipment Use Policy for the Moraga Police Department (MPD).

BACKGROUND
In September 2021, the California Legislature approved Assembly Bill 481 (AB481), titled “Law enforcement and state agencies: military equipment: funding, acquisition, and use.” AB481 was signed by the Governor on September 30, 2021 and amended California Government Code sections 7070-7075, effective January 1, 2022. These sections require each law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a military equipment use policy by ordinance, prior to that LEA funding, acquiring or using military equipment. The Town Council initially approved this policy by ordinance (Ordinance 299) on September 14, 2022. This policy must be reviewed and approved annually in conjunction with a community meeting at which members of the public may discuss and ask questions regarding the Police Department’s annual military equipment use report and policy. This is the purpose of the October 14, 2026 Public Hearing.

The term “military equipment” as used in AB481 does not necessarily mean equipment that has been used by the military. Pursuant to AB481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, long range acoustic devices and flashbangs. Items deemed to be military equipment by AB481 are used as part of overall best practices for LEAs across the country. These tools have been tested in the field and are used by LEAs to enhance the safety of both officers and members of the community. The loss 106
of the ability to utilize these items would potentially jeopardize the safety of community members and officers within the MPD.

DISCUSSION
The MPD currently utilizes the following equipment that is covered by the Military Equipment Use Policy:

Less lethal shotguns and bean bag type projectiles: The less lethal shotgun and bean bag projectiles allow officers to confront a potentially armed or dangerous suspect at a longer distance, potentially preventing a deadly force encounter. The range of the weapons system helps to maintain this increased distance between officers and a suspect, reducing the immediacy of the threat, which is a principle of de-escalation. This equipment has not been utilized, outside of officer training, by MPD officers since February 2022. No costs were incurred for the purchase of this equipment during the fiscal year.

Staff has considered the possibility of upgrading this less lethal system to one that uses a larger projectile. This produces an increased amount of kinetic energy when it strikes a subject and is more effective in reducing the threat from a potentially armed or dangerous subject.

Staff is currently researching this option and will report back to the Council with costs and alternatives if this option is pursued.

There is significant interest in ensuring that law enforcement agencies continue to have access to equipment that will provide police officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of these tools is vital to the MPD mission and will continue to be strictly regulated through internal processes and oversight.

The current MPD Policy 708, “Military Equipment,” ensures that there are safeguards, including transparency, oversight and accountability measures in place. MPD conducts an annual audit of military equipment during which all equipment was located and/or accounted for. There have not been any violations of Policy 708 during this reporting period nor have there been any complaints or concerns communicated about the use of this equipment. All incidents which result in a use of force, including the use of less lethal force, are reviewed and investigated pursuant to existing MPD policy.

There are no reasonable alternatives to the renewal of the military equipment use policy, which allows the use of the listed items.

FISCAL IMPACT
There is no fiscal impact as a result of this action.

CEQA COMPLIANCE
Approval of the Report Detailing the Use of Military Equipment by the Moraga Police Department and Renewal of the Military Equipment Use Policy for the Moraga Police Department is not subject to review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.), because it constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the 107
environment.

ALTERNATIVES
No other alternatives are recommended by Staff.

NEXT STEPS
Staff will schedule a community meeting during early November to provide members of the public with information about this topic

ATTACHMENTS
Attachment A - Draft Resolution - Military Equipment Policy Attachment B - MPD Policy 708
Attachment C - Annual Report RE Use of Military Equipment 25-26 108
Attachment A
______________________________________________________________________ Resolution No. xx-2026 1 October 14, 2026

TOWN OF MORAGA

TOWN COUNCIL
RESOLUTION NO. xx-2026

ACCEPTING THE REPORT DETAILING THE USE OF MILITARY EQUIPMENT BY

THE MORAGA POLICE DEPARTMENT AND RENEWING THE MILITARY

EQUIPMENT USE POLICY FOR THE MORAGA POLICE DEPARTMENT
WHEREAS, on September 30, 2021, the Governor signed Assembly Bill 481 into law, related to the use of military equipment by law enforcement agencies; WHEREAS, Assembly Bill 481, codified at California Government Code Section 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment;
WHEREAS, Government Code 7072 and the Military Equipment Use policy both require that a community meeting be held within 30 days of submitting and releasing the annual military equipment report at which members of the public may discuss and ask questions about the report and the Police Department funding and use of military equipment; WHEREAS, in early November 2026, the Moraga Police Department (MPD) will be holding a community meeting to provide information to members of the public and allow them to ask questions, discuss the report and the use of military equipment by the MPD; WHEREAS, the Moraga Police Department Policy Manual Section 708 “Military Equipment” meets the requirements of California Government Code Section 7070, subdivision (d) and is posted on the MPD webpage;
WHEREAS, the military equipment identified in the Moraga Police Department Policy Section 708 is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety;
WHEREAS, Moraga Police Department Policy Manual Section 708 will safeguard the public’s welfare, safety, civil rights, and civil liberties; and WHEREAS, the military equipment identified in the Moraga Police Department Policy Manual Section 708 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Moraga accepts the Moraga Police Department’s annual report regarding the use of Military 109
Attachment A
______________________________________________________________________ Resolution No. xx-2026 2 October 14, 2026
Equipment and approves the renewal of the Moraga Police Department’s Military Equipment Use Policy.
110
Attachment B
111
112
113
114
Attachment C

ANNUAL REPORT REGARDING THE USE OF MILITARY EQUIPMENT
Fiscal Year 2025-2026
October 14, 2026
Pursuant to Government Code Section 7070-7075, the Moraga Police Department will be presenting its Annual Report Regarding the Use of Military Equipment to the Moraga Town Council on October 14, 2026.

This report covers the period from July 1, 2025 through and including June 30, 2026.

The Moraga Police Department currently utilizes the following equipment that is considered to be “Military Equipment” in Government Code Section 7070(c):

Less Lethal Shotguns and Bean Bag Projectiles
The Moraga Police Department currently has 3 less lethal shotguns and approximately eighty-one (81) bean bag projectiles in stock. This equipment was not utilized in a tactical or enforcement situation during this reporting period. During this reporting period, Moraga Police Department officers participated in training with this equipment, during which approximately thirty (30) bean bag projectiles were expended. Additional training is scheduled for October 2026.

The Moraga Police Department is currently reviewing the effectiveness of this equipment and may request authorization from the Town Council to upgrade it in the next year.

A Police Department Town Hall meeting will be scheduled for early November 2026 where members of the public can provide comments and/or information regarding this report.

Submitted by: Jon B. King
Chief of Police
115
DEPARTMENT REPORTS: 9B.

To: Honorable Mayor and Councilmembers
From: Sonia Urzua, AICP, Planning Director
Subject: Mobile Food Vending Ordinance – Policy Review
Meeting Date: October 14, 2026

TOWN OF MORAGA STAFF REPORT

RECOMMENDATION
Staff recommends that the Town Council receive the presentation, review the draft Mobile Food Vending Ordinance, and provide direction on whether the proposed regulatory framework reflects the Council's prior direction. No action to introduce or adopt the ordinance is requested at this meeting.

BACKGROUND
On February 26, 2025, the Town Council adopted its Top Ten Priorities for FY 2025–2026 and FY 2026–2027, including Item 7: “Establish regulations for food trucks.” At the time, the Moraga Municipal Code (MMC) did not contain provisions specifically regulating food truck operations, although several existing code sections indirectly addressed vending on public and private property.

On September 24, 2025, the Town Council reviewed a staff report that evaluated existing Town, County, and State regulations, approaches used by other jurisdictions, community input, and policy options for food truck operations. The Town Attorney framed the discussion by explaining that the Town may regulate mobile food vending through reasonable time, place, and manner restrictions to address local health, safety, traffic, noise, and other operational impacts. The Council then discussed the benefits of food trucks, potential impacts on local businesses, and health and safety concerns, including traffic, noise, and food safety.

The Council also directed staff to develop food truck regulations that would provide clear rules without creating an unnecessarily burdensome process. The Council emphasized balancing opportunities for food trucks with potential impacts on existing restaurants and expressed a preference for food trucks to be an occasional or event-based presence rather than a constant presence in Town. Councilmembers also expressed interest in addressing generator impacts, continuing to support food trucks at community events, and considering a recurring Monday evening food truck event modeled on Orinda's food truck program. 116
Following that discussion, staff developed the attached draft ordinance to establish a regulatory framework for mobile food vending. Consistent with Council direction, the draft ordinance relies primarily on time, place, and manner restrictions rather than prohibiting food trucks. The draft is presented for policy review and Council feedback before staff completes legal and administrative review. Staff is not requesting introduction or adoption of the ordinance at this meeting.

DISCUSSION
The attached draft ordinance would add a new Chapter 9.14, “Mobile Food Vending,” to Title 9 of the MMC. The proposed chapter establishes a Town permit framework and incorporates time, place, and manner restrictions to address public health, traffic, access, neighborhood compatibility, noise, and other operational impacts, while allowing mobile food vending in appropriate circumstances. The draft does not regulate sidewalk vendors. Section 9.14.050 sets the principal “place” restrictions, and Section 9.14.060 sets “manner” restrictions. The draft includes more limited “time” restrictions, and staff seeks Council direction on whether additional limits on hours, frequency, or duration are appropriate.

Annual Registration and Food Truck Permit
The draft would require each mobile food vendor operating in Moraga to register annually and obtain a separate Food Truck Permit for each mobile food vending vehicle. Permits would expire on December 31 each year and would not be transferable among operators, business entities, or vehicles. Consistent with the Council's prior direction, staff intends the permit process to be straightforward and limited to information necessary to verify compliance with applicable health, safety, insurance, and operating requirements.

Application Requirements and Fees
Applicants would be required to provide information identifying the operator and vehicle, proposed locations and hours, a valid County Health Permit, a California seller’s permit, required State or local licenses, and proof of insurance. Town Council would establish a nonrefundable registration and permit fee, limited to the reasonable cost of administering and enforcing the program.

Place Restrictions – Section 9.14.050
Section 9.14.050 sets the locations where food trucks may operate. The proposed “place” restrictions include minimum separation from restricted curb zones, intersections, driveways, fire hydrants, and locations requiring emergency access; limits on the number of parking spaces occupied; and separation from Town-designated special events and schools during school hours. These provisions are intended to address traffic, circulation, emergency access, and compatibility concerns while allowing vending where it can occur safely. The working draft also includes placeholders for minimum street-width standards that require additional staff review and Council direction. Alternatively, the Town can identify specific streets where this type of use could be allowed.

Manner Restrictions – Section 9.14.060
Section 9.14.060 establishes how food trucks may operate. These “manner” restrictions are intended to minimize conflicts with pedestrians, bicyclists, vehicles, adjoining properties, nearby residents, and businesses. Food trucks would be required to maintain safe access and circulation, operate on an adequate surface, keep surrounding areas free of waste, limit 117
vehicle and generator idling, control smoke and odors, comply with Town sign regulations, and obtain written property-owner permission when operating on private property. The generator limitation responds directly to Council concerns regarding noise and other impacts.

Time Restrictions – Council Direction Requested
The draft contains limited “time” restrictions. Applicants would identify their intended days and hours of operation, and Section 9.14.050 restricts vending near schools between 7:00 a.m. and 5:00 p.m. on school days. The draft does not otherwise establish general operating hours or limits on how frequently or how long a food truck may operate at a particular location. Given the Council’s prior direction that food trucks should not become a constant presence, staff seeks direction on whether to incorporate additional limits on hours, frequency, or duration into the ordinance.

Permit Administration and Enforcement
The Administrator would be authorized to approve, deny, suspend, or revoke a Food Truck Permit based on compliance with Chapter 9.14. Permit decisions could be appealed to the Town Council. Violations would be subject to administrative citations and the penalties specified in the draft ordinance.

Relationship to Existing Town Events
The Town currently allows food trucks at certain Town and community events through existing Parks and Recreation procedures, including vendor fees, insurance requirements, and County Health Department clearance. Council expressed support for food trucks in this context and interest in expanding opportunities and potentially establishing a recurring Monday evening food truck event modeled on Orinda's food truck program. These event-based opportunities can be developed administratively in coordination with Parks and Recreation and do not necessarily require food trucks to operate continuously throughout Town. Staff seeks Council direction on how the ordinance should distinguish routine food truck operations from Townsponsored or permitted events.

POLICY QUESTIONS FOR COUNCIL FEEDBACK
Because the ordinance is being presented as a working draft, staff recommends that the Council focus on whether the proposed time, place, and manner framework reflects the policy direction provided in September 2025. The draft already includes detailed place and manner restrictions; the principal remaining policy question is whether additional time-related limits are needed. Staff seeks direction on the following questions:
*Does the Council support the proposed “place” restrictions in Section 9.14.050 and the “manner” restrictions in Section 9.14.060?
*Should the ordinance establish additional “time” restrictions, such as general operating hours or limits on the frequency or duration of food truck operations at an individual location, to reinforce the Council’s preference that food trucks not become a constant presence? *Does the Council support the proposed annual registration and permit program if the process is kept simple, cost-based, and limited to information necessary for health, safety, insurance, and enforcement purposes?
*How should Town-sponsored and permitted special events, including a recurring Monday evening food truck event, be treated under the permit framework? 118
DRAFT ORDINANCE – TECHNICAL AND ADMINISTRATIVE REFINEMENTS The attached ordinance remains a working draft. Following Council direction, staff and the Town Attorney will complete legal and technical review before returning the ordinance for consideration. Remaining refinements include the commercial-zone definition, minimum streetwidth standards, internal section numbering and cross-references, and coordination with existing provisions of the Moraga Municipal Code.

FISCAL IMPACT
There is no direct fiscal impact associated with reviewing the draft ordinance and providing direction. Implementation of a permit program would require staff time for application review, permit issuance and renewal, recordkeeping, compliance monitoring, and enforcement. Staff proposes that Town Council establish the permit fee by resolution and not exceed the reasonable cost of administering and enforcing the program. Staff will present a fee recommendation with the final ordinance or as a separate implementing action.

CEQA COMPLIANCE
The Council is not being asked to introduce or adopt the ordinance at this meeting. The current item is limited to review and policy direction. CEQA findings appropriate to the final ordinance will be included when the ordinance returns to the Town Council for consideration.

ALTERNATIVES
The Town Council may provide alternative direction regarding the scope or content of the draft ordinance, including modifications to the proposed time, place, and manner standards, the permit framework, or the treatment of event-based food truck operations, or direct staff not to proceed with the proposed regulatory framework.

NEXT STEPS
Staff will incorporate Council direction, complete legal and technical review with the Town Attorney, resolve remaining placeholders and cross-references, and return a final ordinance to the Town Council for consideration at a future meeting. Staff will also coordinate with Parks and Recreation regarding any Council direction to develop a recurring food truck event. Any implementing fee resolution or related administrative procedures will be presented with the ordinance or separately, as appropriate.

ATTACHMENTS
Attachment A - Draft Ordinance - Establishing Chapter 9.14 Mobile Food Vending 119
4903-7323-3111 v1
ORDINANCE NO. XXX

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
MORAGA ESTABLISHING CHAPTER 9.14, “MOBILE FOOD
VENDING” TO REGULATE FOOD VENDING BY MOTORIZED FOOD
TRUCKS
WHEREAS, on September 24, 2025, the Town Council discussed potential regulation of food trucks in the Town of Moraga; and
WHEREAS, during that meeting, the Council considered the positive impact that food trucks can have on a community, including providing food at special events but also considered the negative health and safety impacts that food trucks can have on a community, including generation of noise and traffic and food safety; and WHEREAS, the Council also considered the impact that food trucks have on local commercial activity; and
WHEREAS, Land Use Element of the Town’s General Plan illustrate the Town’s commitment to embracing opportunities for land use and economic diversification strategies; and
WHEREAS, the Council desires to adopt regulations that balance economic diversification while establishing time, place, manner regulations that address health and safety concerns; and
WHEREAS, to ensure public health and safety, the Town Council desires to enact the following regulations related to food truck operations.

NOW, THEREFORE, THE TOWN COUNCIL DOES HEREBY ORDAIN AS
FOLLOWS:

SECTION ONE
The above recitals are incorporated herein as if set forth herein in full and each is relied upon independently by the Town Council for its adoption of this Ordinance.

SECTION TWO
Title 9, “Public Peace and Welfare” is hereby amended to add a new Chapter 9.14, “Food Vending by Motorized Food Trucks” to read as follows:
“Chapter 9.14 -Mobile Food Vending
Section 9.14.010 Purpose.

A. Article XI, Section 7, of the California Constitution confers on local governments the authority to adopt ordinances and regulations designed to promote the public health, safety, and general welfare of their communities. The purpose of this chapter is to establish requirements for the vending of food and goods from food trucks in the public right-of-way, including but not limited to Town facilities and parking lots, and private Attachment A
120
Ordinance No. XXX
Mobile Food Vending Ordinance

Page 2 of 9 ends

4903-7323-3111 v1
property to mitigate health hazards and prevent traffic, and enhance safety within the Town. The requirements set forth in this chapter are intended to protect the public's health, safety, and welfare by ensuring that mobile food vending by operators of food trucks provide safe and sanitary conditions for consumers and the general public, are adequately insured, and are properly permitted with the Town and licensed with other agencies, as necessary.

B. This Chapter is not intended to regulate sidewalk vendors as that term is defined in Government Code section 51036(a), or as may be amended.

Section 9.14.020 Definitions.

For purposes of this chapter, the following definitions shall apply:

A. “Administrator” means the Town Manager, or the agent, employee or designee charged with issuing the permits required by this chapter.

B. "Commercial zone" means the Community Commercial District, the MCSP Commercial District (MCSP-C) and Rheem Park Mixed Commercial District, Limited Commercial District, and the Saint Mary’s Campus as more fully defined in CMC Title 8, Zoning.

C. "Enforcement officer" means any Town sworn peace officer, code enforcement officer or inspector, or other employee or agent designated with authority to enforce any provision of this code.

D. "Food" means and refers to any substance as defined by California Health and Safety Code Section 113781, or any successor section, as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

E. "Food Preparation" shall have the same meaning as the term defined in California Health and Safety Code Section 113791, or any successor section, as packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food but does not include trimming of produce.

F. "Health Permit" means any and all permits necessary to vend food or beverages required by the Contra Costa County Health Services.

G. "Mobile Food Facility" shall have the same meaning as the term defined in California Health and Safety Code Section 113831, or any successor section, as any mobile unit or mobile food vending vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility or other approved source to the consumer. 121
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H. "Food Truck" or “Mobile Food Vending Vehicle” means a type of mobile food facility that includes a motorized vehicle licensed by the California Department of Motor Vehicles (DMV) and designed and equipped for preparing, cooking, and vending food.

Food trucks and trailers are considered mobile food vending vehicles.

I. "Mobile Food Vendor" means a type of Vendor who is an owner or operator of a Mobile Food Vending Vehicle.

J. “Permit" shall mean a Food Truck Permit issued by the Town, pursuant to this chapter.

K. "Person" means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, city, county, or other political subdivision, or any other group or combination.

L. "Public right-of-way" or "right-of-way" means any public street, public sidewalk, public way, or public place, laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, within the jurisdiction of the Town.

M. "Residential zone" means any area zoned for residential as a permitted use in Title 8, Planning and Zoning of the Town of Moraga Municipal Code.

N. "Special Event" means an event, activity or use that requires a Temporary Use permit pursuant to Section 8.148.50 of the Moraga Municipal Code as defined in Special Events or is an event hosted by the Town, i.e., Fourth of July Celebration.

O. "Vehicle" has the same meaning as in California Vehicle Code Section 670.

P. "Vend," "vends," or "vending" means to sell, offer for sale, expose, or display for sale, solicit offers to purchase, or to barter goods, wares, merchandise, food, beverages, or services, or to require someone to negotiate, establish or pay a fee before providing goods, wares, merchandise, food, beverages, or services, even if characterized as a donation on public property.

Q. "Vendor" means any person who Vends within the Town.

R. "Waste" means putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, debris, trash, refuse, paper, rubbish, and food waste, including oil, grease, and food scraps.

Section 9.14.030 Annual Food Truck Vendor Registration and Permit Required. 122
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A. No Person may Vend from a Food Truck within the Town of Moraga without first having registered with the Town and obtained a Permit from the Administrator pursuant to this chapter.

B. Annual registration required. Every Mobile Food Vendor intending to Vend from a Food Truck within the Town shall annually register with the Administrator and obtain a Food Truck Permit before commencing operations. A separate Permit shall be required for each Mobile Food Vending Vehicle operated within the Town. Registration shall be completed through the application process established in Section 9.14.040.

C. Registration and Permit term. Any registration and Permit issued pursuant to this chapter shall automatically expire, terminate, and be of no further force and effect at 10:00 p.m. on December 31st of each year, regardless of when the Permit was issued.

D. Nontransferability. Any Permit issued pursuant to this chapter is nontransferable between persons, business entities, or Mobile Food Vending Vehicles.

Section 9.14.040 Application requirements.

A. Any Person seeking a Permit must complete an application, on a form provided by the Town, accompanied by the fees established by resolution of the Town Council. The application form will include, at a minimum, the following information:

1. A copy of the Mobile Food Vendor’s California driver's license or other state driver’s license;

2. Names, addresses, and telephone numbers of all persons financially interested in the Mobile Food Vendor’s business;

3. A description of the type of Food to be sold;

4. The legal name of the Mobile Food Vendor’s business, including any fictitious business name, the business mailing address, telephone number, email address, and the name of the person responsible for operations within the Town.

5. Description of the Mobile Food Vending Vehicle, along with a copy of the current registration of the Mobile Food Vending Vehicle; the license plate number, vehicle identification number, vehicle registration.

6. The location(s) where the Mobile Food Vendor intends to operate;

7. Intended day(s) and hours of operation at such location(s);

8. Proof of a valid California Department of Tax and Fee Administration Seller's Permit and proof of any additional licenses from State or local agencies to the extent required by law;

9. Proof of a valid Contra Costa County Health Permit and California Retail Food Code compliance for food-related vending, if applicable; and 123
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10. Proof of insurance for the Mobile Food Vending Vehicle.

B. Registration and Permit fee. The application for the Permit shall be accompanied by an application fee for each Mobile Food Vending Vehicle. If the application is denied, the application fee shall not be returned to the Mobile Food Vendor applicant. This nonrefundable fee shall cover the actual costs of processing the applications and administering the Permit program. The application fee for the Permit shall be established by Town Council resolution.

C. Upon receipt of a completed application, the Administrator may issue a Permit to the Mobile Food Vendor if the Administrator finds that all of the following conditions have been met:

1. An accurate application has been filed;

2. The required application fee has been paid; and

3. All applicable provisions of this chapter have been or will be met.

D. The Administrator may deny the application if it is inaccurate, incomplete, or unable to meet the requirements of this chapter or if no application fee has been submitted. The Administrator may also deny the application if the vendor has been issued three or more violations of this chapter during the prior term of the Permit.

E. Once issued, the Administrator may revoke the Permit for any of the following reasons:

1. It is determined and found thereafter that the application was inaccurate;

2. That the Mobile Food Vendor cannot meet the requirements of this chapter; or

3. That the Mobile Food Vendor is operating in a manner detrimental to public health, safety or the general welfare of the Town, or if the vendor has been issued three or more violations of this chapter during the term of the Permit.

F. The Administrator may suspend the Permit if the Administrator determines that the Mobile Food Vendor does not meet the requirements of this chapter but could take steps or action to comply with the requirements, within thirty to sixty days.

G. Any denial of an application for a Permit or suspension, or revocation of a Permit may be appealed to the Town Council pursuant to the provisions of section 1.16.010 of the Moraga Municipal Code.
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H. Evidence of registration. The Mobile Food Vendor shall maintain a copy of the current Permit in each Mobile Food Vending Vehicle and shall display or produce the Permit upon request by a Town representative. The Administrator may issue a decal or other identifying document for display on the Mobile Food Vending Vehicle.

Section 9.14.050 Location requirements.

In order to protect pedestrian health and safety and to accommodate public street access, parking, and traffic, street and Mobile Food Vendors shall be subject to the following location requirements when engaging in or otherwise operating Food Trucks in the Town of Moraga.

A. No Mobile Food Vendor shall Vend or otherwise operate from any public street within 25 feet of a(n):

1. Curb which has been designated as a white, yellow, blue, or red zone;

2. Street or roadway intersection controlled by a traffic light, crosswalk, or stop sign;

3. Driveway or driveway apron;

4. Fire hydrant or location to which law enforcement or emergency services personnel require unimpeded access.

D. If a Food Truck is parked on the Public right-of-way, only one parking space may be utilized.

E. In Commercial Zones, a Mobile Food Vendor shall not Vend or otherwise operate on streets less than XX in width.

F. In Residential Zones, a Mobile Food Vendor shall not Vend or otherwise operate on streets less than XX in width.

G. No Mobile Food Vendor may engage in vending or otherwise operate within 200 feet of an area designated for a Special Event by the Town.

P. No Mobile Food Vendor may engage in vending or otherwise operate within 200 feet of the nearest property line of any public or private school serving students under 18 years of age between the hours of 7:00 a.m. and 5:00 p.m. of any school day.

Section 9.14.060 Operation requirements.

In order to protect pedestrian health and safety and to accommodate public street access, parking, and traffic, street and Mobile Food Vendors shall be subject to the following operation requirements when engaging in or otherwise operating Food Trucks in the Town of Moraga.
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A. Mobile Food Vendors shall not operate in a manner where the operation, vending, and queuing of patrons obstruct the Public right-of-way, including blocking vehicular or bicycle traffic, the flow of pedestrian traffic, ingress, or egress from adjoining property, or otherwise creating hazards for vehicle or pedestrian traffic.

B. A Food Truck must be parked on a surface material sufficient to support the weight of the vehicle without sustaining damage, such as gravel, concrete, asphalt, or another surface, unless otherwise authorized by the Town.

C. No Mobile Food Vendor may place any equipment, tables or chairs in the Public rightof-way unless an encroachment permit is issued by the Town.

D. Mobile Food Vendors shall keep the area near and around their Food Trucks free from any Waste.

E. Mobile Food Vendors shall not idle Food Truck vehicle engines or generators for more than five minutes during any one-hour time period.

F. Mobile Food Vendors are responsible for controlling smoke and odors caused by Food Preparation so as to avoid being a nuisance.

G. Any use of A-frame signs or any other type of sign must be in conformance with Chapter 8.88 of the Moraga Municipal Code.

H. A Mobile Food Vendor may vend on private property if the Vendor has written permission from the property owner.

Section 9.14.070 Prohibited items.

Mobile Food Vendors are prohibited from Vending any items prohibited by Federal, State, or local law, including the following items:

A. Tobacco, tobacco products, or electronic smoking devices; B. Cannabis or cannabis products;
C. Weapons, including knives, guns, or explosive devices; D. Fireworks; and
E. Pharmaceuticals.

Section 9.14.080 Violations – Penalties.

A. Any Enforcement Officer may enforce the provisions of this chapter.

B. A violation of this chapter shall be an infraction and violations shall be subject to an administrative citation pursuant to Chapter 1.28 of the Moraga Municipal Code. Penalties shall be subject to the following fines:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation; 126
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2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year;

3.A fine not exceeding three hundred dollars ($300.00) for each additional violation of the same ordinance within one year.

C. Any Person may appeal any administrative citation issued for violations of this chapter pursuant to the procedures described in Chapter 1.28.”

SECTION THREE
The Town Council hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance will not result in a significant foreseeable environmental impact.

SECTION FOUR
Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

SECTION FIVE
Effective Date. This Ordinance shall take effect 30 days from its passage, and shall be published in accordance with the law, in a newspaper of general circulation published and circulated in the Town of Moraga.

SECTION SIX
Publication. The Town Clerk is directed to cause this Ordinance to be published in the manner required by law.

THIS ORDINANCE was introduced with the first reading waived at the Town of Moraga Town Council meeting on the ## day of Month 2026, and was passed and adopted at a regular meeting of the Moraga Town Council on the ## day of Month 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
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ATTEST: APPROVED:
____________________________ __________________________ Town Clerk Kerry Hillis, Mayor
Dated:___________________
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1 - Town CouncilOctober 14, 2026

1 - Town Council
October 14, 2026