1 meeting date: april 10, 2019 4 town of moraga staff ...€¦ · 1 1 2 meeting date: april 10,...

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1 1 Meeting Date: April 10, 2019 2 3 4 TOWN OF MORAGA STAFF REPORT_ 5 6 To: Honorable Mayor and Councilmembers 7 8 From: Cynthia Battenberg, Town Manager 9 10 Subject: Consider the John Muir Land Trust Proposed Purchase of the 11 Painted Rock Property and Provide Direction to Staff 12 13 Background and Discussion 14 15 On March 27, 2019, Linus Eukel, Executive Director of the John Muir Land Trust 16 (JMLT), made a presentation to the Town Council on the status of the acquisition of the 17 “Painted Rock” property in Moraga. Mr. Eukel provided information on the 84-acre site, 18 the 505 acres of open space its acquisition would secure, and reviewed information 19 from its Plan a Park initiative that outlined some of the amenities that could be added to 20 the park, if acquired. Desired park features being considered include hiking, biking, 21 equestrian and multi-use trails, benches, wayfinding and interpretive signage, 22 restrooms, shade structures and new sidewalks and crosswalks. 23 24 JMLT has raised $1.7 million of its $2 million goal and is looking to raise an additional 25 $100,000 by May 1 to secure a $350,000 matching grant. The remaining $200,000 is 26 needed by May 31, 2019. JMLT has requested the Town make a donation to assist in 27 acquiring Paint Rock as open space in perpetuity. 28 29 The Town has been working diligently to restore its General Fund Reserve to 50% 30 consistent with Town policy. The adjusted FY 2018/19 projected General Fund Reserve 31 is $3.16 million, equivalent to a 35.6% reserve. The Town is scheduled to receive $1.65 32 million from the Federal Highway Administration (FHWA) Emergency Relief 33 reimbursement for the Canyon Road Temporary Bridge prior to the fiscal year end, 34 which would increase the reserve to $4.8 million, or $54.6%. The Town currently has a 35 policy, (Attachment A) Resolution No. 5-2015 adopted on January 14, 2015, that states 36 that any additional net revenues at each fiscal year end above the amount needed to 37 satisfy the General Purpose Fund Reserve target of 50% be transferred to the Asset 38 Replacement Fund. 39 40 The Town, however, has numerous needs, including unfunded infrastructure that will be 41 considered as part of the FY 2019/20 budget process. On February 27, the Town 42 Council discussed the process and $450,000 estimated cost to rezone the Bollinger 43 Valley Study Area and directed staff to fund the project when either the FHWA 44 Town of Moraga Agenda Item Ordinances, Resolutions, Requests for Action 11. B.

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Page 1: 1 Meeting Date: April 10, 2019 4 TOWN OF MORAGA STAFF ...€¦ · 1 1 2 Meeting Date: April 10, 2019 3 4 5 TOWN OF MORAGA STAFF REPORT_ 6 7 To: Honorable Mayor and Councilmembers

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1 Meeting Date: April 10, 2019 2

3 4 TOWN OF MORAGA STAFF REPORT_ 5 6 To: Honorable Mayor and Councilmembers 7 8 From: Cynthia Battenberg, Town Manager 9

10 Subject: Consider the John Muir Land Trust Proposed Purchase of the 11

Painted Rock Property and Provide Direction to Staff 12 13 Background and Discussion 14 15 On March 27, 2019, Linus Eukel, Executive Director of the John Muir Land Trust 16 (JMLT), made a presentation to the Town Council on the status of the acquisition of the 17 “Painted Rock” property in Moraga. Mr. Eukel provided information on the 84-acre site, 18 the 505 acres of open space its acquisition would secure, and reviewed information 19 from its Plan a Park initiative that outlined some of the amenities that could be added to 20 the park, if acquired. Desired park features being considered include hiking, biking, 21 equestrian and multi-use trails, benches, wayfinding and interpretive signage, 22 restrooms, shade structures and new sidewalks and crosswalks. 23 24 JMLT has raised $1.7 million of its $2 million goal and is looking to raise an additional 25 $100,000 by May 1 to secure a $350,000 matching grant. The remaining $200,000 is 26 needed by May 31, 2019. JMLT has requested the Town make a donation to assist in 27 acquiring Paint Rock as open space in perpetuity. 28 29 The Town has been working diligently to restore its General Fund Reserve to 50% 30 consistent with Town policy. The adjusted FY 2018/19 projected General Fund Reserve 31 is $3.16 million, equivalent to a 35.6% reserve. The Town is scheduled to receive $1.65 32 million from the Federal Highway Administration (FHWA) Emergency Relief 33 reimbursement for the Canyon Road Temporary Bridge prior to the fiscal year end, 34 which would increase the reserve to $4.8 million, or $54.6%. The Town currently has a 35 policy, (Attachment A) Resolution No. 5-2015 adopted on January 14, 2015, that states 36 that any additional net revenues at each fiscal year end above the amount needed to 37 satisfy the General Purpose Fund Reserve target of 50% be transferred to the Asset 38 Replacement Fund. 39 40 The Town, however, has numerous needs, including unfunded infrastructure that will be 41 considered as part of the FY 2019/20 budget process. On February 27, the Town 42 Council discussed the process and $450,000 estimated cost to rezone the Bollinger 43 Valley Study Area and directed staff to fund the project when either the FHWA 44

Town of Moraga Agenda Item Ordinances, Resolutions,

Requests for Action 11. B.

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Emergency Relief reimbursement is received or Richfield pulls the grading permit for 1 Palos Colorados as the Town will be due $3.5 million upon issuance of a grading permit 2 for that project. 3 4 Palos Colorados funds appear to be a reasonable funding mechanism for a contribution 5 to Painted Rock. However, there is currently only a $1.5 million balance which the 6 Council determined during a January 9, 2019 Council discussion should be used to 7 establish an Emergency Reserve Fund for financial and physical emergencies and to 8 temporarily fund capital projects prior to receiving grant reimbursements (i.e. Canyon 9 Road permanent bridge). 10 11 In the past, the Town has made one donation of this kind - $10,000 toward the John 12 Muir Land Trust acquisition of the 600-acre Carr Ranch open space property in 2016. 13 This funding was available as a local developer cut down a buckeye tree that was 14 intended to remain and negotiated a $10,000 fine for their actions. 15 16 The Town’s 2018/19 budget does not include funding for donations or open space 17 acquisition. Should the Town Council wish to make a contribution, funding needs to be 18 identified and appropriated. 19 20 Attachment 21 22

A. Resolution No. 5-2015 Establishing a General purpose Fund Reserve Policy of 23 Fifty Percent (50%) and Transferring Any Additional net Surplus at Each Fiscal 24 Year End to the Asset Replacement Fund 25 26

B. Correspondence 27

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ATTACHMENT A

Resolution No. 5-2015 Establishing a General purpose Fund Reserve Policy of Fifty Percent (50%) and

Transferring Any Additional net Surplus at Each Fiscal year End to the Asset Replacement Fund

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ATTACHMENT B

Correspondence

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From: Connie Chiba [mailto:[email protected]]

Sent: Tuesday, March 19, 2019 9:01 AM To: Marty McInturf; [email protected]; Kymberleigh Korpus; Mike McCluer; Renata Sos; Steve

Woehleke Cc: Cynthia Battenberg

Subject: Help campaign to save Painted Rock

March 19, 2019 Dear Mayor Wykle and Members of the Town Council, We have lived in Moraga for 33 years and cherish the semi-rural nature of this town. We are writing to request that the Town of Moraga provide monetary assistance to the John Muir Land Trust in their efforts to raise funds to acquire the 84 acres in Lamorinda known as Painted Rock. We believe that JMLT’s acquisition of this property is an unprecedented opportunity to enhance the quality of life for our community now and generations to come. If acquired, the Painted Rock property will anchor a 505-acre public open space with miles of multi-use recreational trails and protected habitat for wildlife. There are also other practical and economic benefits for the Town of Moraga if JMLT acquires this property. As residents of Buckingham Drive we were subjected to a potentially devastating fire on 7/2/18 as this property had not been adequately maintained for years. We have met with representatives of JMLT and they will ensure maximum fire abatement going forward. This new park also promises to bring business to the Rheem Valley Shopping Center, a long-time goal of the city. Hikers will be able to use the Rheem Valley Shopping Center to park and provide businesses with important foot traffic. JMLT has already received substantial donations from private sources for their campaign to “Save Painted Rock”, but they are not enough to cover their costs. We strongly believe that the Town of Moraga should also contribute to their campaign. As mentioned above, residents and businesses of Moraga will benefit greatly form JMLT acquiring and managing the property. Please let us know how the Town of Moraga plans to support the John Muir Land Trust succeed in their campaign to “Save Painted Rock.” Thank you. Sincerely Connie and Zoher Chiba

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From: Robert White [mailto:[email protected]]

Sent: Thursday, March 28, 2019 6:05 PM To: Marty McInturf

Cc: Mike McCluer Subject: Fw: The Town of Moraga Assisting John Muir Land Trust's Efforts to improve this locale

Dear Marty McInturf, Moraga Town Clerk:

Please be so kind as to include per Councilman Mike McClure's

recommendation/advice the foregoing e-mail/commentary below (which I wrote) with the JMLT agenda item for the the Town Council thereby

evidently making this information public as well.

Thanks very much.

Sincerely,

Robt. White

----- Forwarded Message -----

From: Robert White <[email protected]>

To: [email protected] <[email protected]>; [email protected] <[email protected]>;

[email protected] <[email protected]>; [email protected] <[email protected]>;

[email protected] <[email protected]>

Sent: Wednesday, March 27, 2019, 4:51:36 PM PDT

Subject: The Town of Moraga Assisting John Muir Land Trust's Efforts to improve this locale

Dear Mayor Wykle, Vice Mayor Korpus, and Council Members McCluer, Sos and Woehleke:

Roger Wykle may remember our relatively recent chat at La Finestra where our wives made one another's acquaintance and the four of us conversed at some length. Mayor Wykle may also remember me as the infamous wine cellar annoyance of Buckingham Drive back in his days on the Planning Commission.....

It is perhaps important to note that my wife Claudia and I are long time Moraga residents…thirty nine (39) years to be exact. Recently we have met with three reps of the John Muir Land Trust (JMLT) as well as consulting/interfacing with the Orinda/Moraga fire chief , Dave Winnacker, over the last 8-9 months.

After meeting with the reps from the JMLT, Claudia and I, as well as others in attendance, were left with the impression that JMLT had believed the Town of Moraga was going to partner or at least assist JMLT in acquiring the 'Painted Rock' land parcel which was announce in September of 2018.

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In any event, several benefits/factors entailed in JMLT's proposed purchase of this acreage may not be absolutely evident at first glance.

Clearly the acquisition of the hillside property known as Painted Rock, to the south of Buckingham Drive, will enhance the quality of life for the entire Town of Moraga.

It is crucial to point out that JMLT's stewardship will ensure maximum fire abatement going forward as JMLT, too, is in close contact with the fire management authorities. This land acquisition will drastically reduce the odds of a recurrence of a potentially devastating brush fire such as that which occurred on 7/2/18 on the south side of Buckingham Drive.

The cost to contain that fire had to have been enormous although it demonstrated an outstanding job on the part of local government and the fire department in terms of containing and putting out the fire. The fact still remains the whole incident could have been avoided.

The existence of this permanent open space will not only augment the local environment but will also provide an upside economic benefit to local merchants and businesses which has been a long standing concern.

From the Town’s perspective, the creation of this added, very local, benefit cannot do anything except positively affect property values going forward. On some level this cannot hurt the Town’s revenue base. I realize there are complications in drawing direct linkages here, but a demonstrable attraction’s impact will be overwhelmingly positive, even if financially neutral.

Any and all monetary assistance offered to JMLT by the Town of Moraga will help make this extraordinary opportunity to improve our surroundings a reality for now and for generations to come.

Thanks to each of you in advance for giving this your utmost and careful consideration and endorsement.

The courtesy of a reply would be most appreciated.

Most sincerely,

Robert and Claudia White

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From: [email protected] [mailto:[email protected]]

Sent: Saturday, March 30, 2019 4:10 PM To: Marty McInturf

Subject: Painted Rock Support

Hi Marty, I will be unable to attend the town council meeting on 4/10, but I would like to see our town support the acquisition of the Painted Rock property by the John Muir Land Trust. I support an assessment on homeowners to accomplish the acquisition.

Gary Lansman Moraga, CA 94556

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From: nevetsnessor [mailto:[email protected]]

Sent: Saturday, March 30, 2019 6:04 PM To: Marty McInturf

Subject: Painted Rock Donation - Yes!

Dear Marty,

Please register my support for a donation by the town to the Painted Rock fund. This acquisition

would be extremely beneficial to Moraga, increasing our quality of life. It would also more than

pay for itself over time due to the increased number of people patronizing the shopping district as

a result of their Painted Rock visit.

Thank you for your help.

Steve Rossen

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From: Connie Chiba [mailto:[email protected]]

Sent: Monday, April 01, 2019 9:44 PM To: Marty McInturf

Cc: Roger Wykle; Kymberleigh Korpus; Mike McCluer; Renata Sos; Steve Woehleke Subject: Letter for April 10th Public Hearing on Financial Assistance for Painted Rock

Dear Town Clerk Mcinturf,

Unfortunately, we are unable to attend the public hearing on April 10th when the Town Council

will discuss providing financial assistance to the John Muir Land Trust to help them acquire the

Painted Rock Property.

We are sending as an attachment a letter strongly supporting that the Town provide this financial

assistance. We request that our letter be included with the correspondence pertaining to agenda

item regarding Painted Rock. We are also requesting that the letter be circulated to the Mayor

and all members of the Town Council.

We would appreciate your confirmation of this email, that our letter will be included in the

correspondence regarding Painted Rock, and that the Mayor and members of the Town Council

have received the attached letter.

Thank you.

Sincerely,

Connie and Zoher Chiba

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April 1, 2019 Dear Mayor Wykle, Vice Mayor Korpus, and Council Members McCluer, Sos and Woehleke: We have lived in Moraga for 33 years and cherish the semi-rural nature of this town. We strongly believe that the Town of Moraga should provide monetary assistance to the John Muir Land Trust in their efforts to raise funds to acquire the Painted Rock property. JMLT’s acquisition of this property is an unprecedented opportunity to enhance the quality of life for our community now and generations to come. If acquired, the Painted Rock property will anchor a 505-acre public open space with miles of multi-use recreational trails and protected habitat for wildlife. There are also other practical and economic benefits for the Town of Moraga if JMLT acquires this property. As residents of Buckingham Drive we were subjected to a potentially devasting fire on 7/2/18 as this property had not been adequately maintained for years. We have met with representatives of JMLT and they will ensure maximum fire abatement going forward. In addition, this new park also promises to bring business to the Rheem Valley Shopping Center, a long-time goal of the city. Hikers will be able to use the Rheem Valley Shopping Center to park and provide businesses with important foot traffic. JMLT has already received substantial donations from private sources for their campaign to “Save Painted Rock”, but they are not enough to cover their costs. We strongly believe that the City of Moraga should also contribute to their campaign. As mentioned above, residents and businesses of Moraga will benefit greatly from JMLT acquiring and managing the property. Unfortunately, we are unable to attend the August 10th City Council meeting when the Town Council will discuss whether the Town of Moraga will provide financial assistance to John Muir Land Trust ( JMLT) acquisition of the Painted Rock property. Please include this letter with the correspondence regarding Painted Rock. Thank you. Sincerely, Connie and Zoher Chiba

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From: Stephanie Dickerson [mailto:[email protected]]

Sent: Monday, April 01, 2019 9:26 PM To: Marty McInturf

Subject: Please support Painted Rock

Dear Moraga Town Council,

I am writing to respectfully request that you consider making a donation to JMLT for the

preservation of Painted Rock. It is a cherished landmark and a unique preservation opportunity

that once lost, could not be regained. I understand that the town does not have deep pockets right

now, but even a modest donation would be appreciated.

Thank you!

Sincerely,

Stephanie Dickerson

Moraga Resident

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From: Dave Petersen [mailto:[email protected]] Sent: Monday, April 01, 2019 10:43 PM To: Marty McInturf Subject: Painted Rock Preservation Dear Mayor Wykle and the Moraga Town Council, Thank you for circulating this to the entire Town Council. As 50 year residents of Moraga my wife and I strongly recommend your support for the Painted Rock parcel. We feel the best use of this controversial parcel is not for residential development but for the intentions of the John Muir Land Trust. Thank you for taking the time to make such an important decision for our town. Sincerely, Dave and Katherine Petersen

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From: Louis Stoddard [mailto:[email protected]] Sent: Monday, April 01, 2019 4:00 PM To: Marty McInturf Subject: Painted Rock As a Moraga resident and former JMLT board member who has already made a significant donation to this purchase, I urge you to approve a contribution to this acquisition. Please send my email to the appropriate members. Thank you. Louis Stoddard

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From: Robin Whitley [mailto:[email protected]] Sent: Monday, April 01, 2019 12:08 PM To: Marty McInturf Subject: Painted rock As a concerned citizen, Moraga can barely keep up with sink hole repairs, bridge repairs and road repacking all of which are necessary please do not waste my tax dollars on hiking trails and other such beautification projects until we can get our needed maintenance under control Robin Whitley

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From: Chia Lan [mailto:[email protected]]

Sent: Wednesday, April 03, 2019 6:18 PM To: Marty McInturf

Subject: Save the painted rocks

Dear Mayor and councilmembers:

Please help Moraga to save the painted rocks! Also please help

JMLT to protect this parcel as permanenet open space and

wildlife habitat.

Your help will be greatly appreciated!

Moraga resident

Lucy Chin