5:30 P.M. CLOSED SESSION GARDEN ROOM, ORINDA LIBRARY

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1 APRIL 21, 2009 CITY OF ORINDA CITY COUNCIL MINUTES REGULAR MEETING Library Auditorium, 26 Orinda Way Orinda, California 5:30 P.M. CLOSED SESSION GARDEN ROOM, ORINDA LIBRARY (1) OPEN SESSION IDENTIFICATION of Closed Session Matters (2) PUBLIC COMMENTS re Closed Session Matters (3) CLOSED SESSION: PURSUANT TO GOVERNMENT CODE SECTION Conference with the City's designated labor negotiators, Janet Keeter (City Manager), Beverli Marshall (Director of Administrative/Financial Services) and Trish Raver (Human Resources Analyst), to review the City's position and instruct the City's designated representatives regarding negotiations with the City's employees represented by Public Employees Union Local One as well as unrepresented management employees Mayor Severson called the meeting to order at approximately 5:30 p.m. in the Garden Room with four Councilmembers present and Vice Mayor McCormick absent. There were no public comments regarding the closed session matter. Mayor Severson announced and the Council convened into a closed session to discuss the above listed item. 7:00 P.M. REGULAR SESSION - LIBRARY AUDITORIUM A. CALL TO ORDER / ROLL CALL: Mayor Severson called the meeting to order at 7:05 p.m. COUNCILMEMBERS PRESENT: Steven Glazer, Victoria Smith, Amy Worth, Vice Mayor Thomas McCormick, Mayor Sue Severson COUNCILMEMBERS ABSENT: None B. PLEDGE OF ALLEGIANCE: Led by Mayor Severson C. CLOSED SESSION REPORT: Mayor Severson reported that the Council had met earlier in a Closed Session to discuss the item listed under the Closed Session matters identified above. She announced that no reportable action was taken. Orinda City Council Minutes Page 1 of

2 D. ADOPTION OF AGENDA City Manager Keeter recommended that Item I-5 be removed from the agenda stating it would be brought back to the Council at a future date. MOTION by Councilmember Worth and seconded by Councilmember Smith to adopt the agenda with the deletion of Item I-5. Said motion carried by a unanimous (5-0) voice vote. E. ITEMS FOR THE GOOD OF THE CITY Recognition of Miramonte High School as a California Distinguished School Mayor Severson recognized Miramonte High School upon its designation as a California Distinguished School. She presented a certificate of recognition to Principal Raul Zamora. Recognition of Instructors Jeanne Dowell, Pam Glover, Marilyn Hajjar, Ann Parr, Ellen Green, Dorothy Davis and Helen Reyes Doughty for 25 Years of Instruction at the Orinda Community Center Mayor Severson recognized the above listed outstanding individuals who have each provided 25 years of instruction at the Orinda Community Center. Ms. Dowell, Glover, Hajjar and Parr were present and received certificates of recognition. Annual Report from Mosquito Vector Control District Representative Dianne Wolcott Dianne Wolcott, City-appointed representative to the Mosquito Vector Control District Board of Directors and current Board President, presented an annual report to the City Council on District activities. F. PUBLIC FORUM Clyde Vaughn addressed the Council referencing the recent Contra Costa Times editorial column by Daniel Borenstein regarding the retirement benefits for Moraga Orinda Fire District (MOFD) Chief Pete Nowicki. Based on the retirement benefits, Mr. Vaughn questioned the competency of the MOFD Board of Directors. He also questioned why Councilmembers resisted withdrawing from the MOFD and forming an Orinda fire department in order to pay reasonable wages and benefits. Douglas Krotz, member of the Lamorinda Interfaith Ministerial Association and member of the Baha i faith, requested that a resolution be placed on the next City Council agenda in support of freedom of religion. Mr. Krotz explained that approximately one year ago seven members of the Baha i faith, several whom have relatives living in Orinda, were arrested in Iran and placed in solitary confinement without counsel. Further, the purpose of the requested resolution is to draw attention to the matter and request that national leaders act on bills before Congress and the US Senator relating to the matter. Massoud Fanaieyan reiterated the request that the City Council adopt a resolution in support of the members of the Baha i faith who are imprisoned in Iran. Orinda City Council Minutes Page 2 of

3 G. CONSENT CALENDAR MOTION by Vice Mayor McCormick and seconded by Councilmember Worth to approve Consent Calendar Items G-1 through G-5 as follows. Said motion carried by a unanimous voice vote. G-1 Approval of regular warrants # #32742, payroll checks, # #4916, and payroll vouchers # #38959 Action: Approved list of warrants through April 14, G-2 City Council Minutes: (a) April 7, 2009 Action: Approved. G-3 Summary of Revenue and Expenditures Report for period ending February 28, 2009 Action: Accepted the Summary of Revenue and Expenditures Report for period ending February 28, G-4 Authorize a City Vehicle to be Sold for Salvage Value or Donated to Governmental and/or Not-for-Profit Agency Action: Approved Resolution No Authorizing a City Vehicle to be Sold for Salvage Value or Donated to Governmental and/or Not-for-Profit Agency. G-5 Approve Extension of Loan Period for Artwork under the Art in Public Places Policy Action: Adopted Resolution extending the loan period for artwork under the Art in Public Places Policy. H. PUBLIC HEARINGS: No Hearings I. POLICY MATTERS I-1 Review and Provide Direction Regarding: (1) Tri-Agency Funding Discussion Committee - Council Sub-Committee Report and (2) LAFCO Municipal Service Review: Fire and Emergency Medical Service Provider Draft Final Report City Manager Keeter introduced the matter reviewing the background as included in the staff report. Councilmember (and Subcommittee Member) Smith reviewed that the Subcommittee was given the task to see if any money could be reallocated from taxes to MOFD to apply immediately toward Orinda roads. She stated that through the process the Subcommittee members received a lot of reading materials and documents from both the public and MOFD; two Tri-Agency meetings were held; she attended two Local Agency Formation Commission (LAFCO) meetings about its Municipal Services Review (MSR); and a Subcommittee meeting was held in Orinda to receive public testimony about whether there was money on the table that could be applied to Orinda roads. Orinda City Council Minutes Page 3 of

4 Councilmember Smith continued by explaining that a critical document was the MOFD long range financial forecast where it was learned that the District currently has over $20 million in unfunded retirement medical and health benefits. With this amount, as well as other obligations including pension liabilities, the long-term financial forecast shows a deficit for MOFD over the next several years. She stated MOFD has indicated they will involve the public to look for solutions but there was no money available today. Councilmember Smith stated the second issue was whether the taxes the District receives from Orinda and Moraga were being spent equitably. She reviewed the details of the tax revenues from the two agencies and the documents which the Subcommittee reviewed relating to the details for the areas of coverage for the MOFD. Based on this information, she stated the Subcommittee found that there appeared to be a fairly equitable distribution. Regarding questions about why the MOFD has not used the fire flow tax to replace water pipes, Councilmember Smith stated the Subcommittee learned that water pipes were not the MOFD s highest priority for use of the fire flow tax as the District has other capital needs. Councilmember Smith stated it was important to understand that the alternative that LAFCO was looking at included annexing Orinda into the ConFire District (Contra Costa County Fire Protection District). Based on the legal analysis, the 23 cents that Orinda residents pay (for fire service) is set by Proposition 13 and the amount cannot be involuntarily changed absent an act of the State legislature. Were Orinda to annex to ConFire, the 23 cents would go to ConFire with the possibility that paramedic service would no longer be provided in Orinda. In addition, portions of the 23 cents could go to fund overall ConFire services elsewhere. She clarified that the only way for the City to control the 23 cents would be for the City to take over fire services and take over all MOFD liabilities associated with Orinda. Additionally, absent a reduction in service and given the current financial situation, it did not appear that doing this would be a viable option. Councilmember (and Subcommittee Member) Glazer added that there have been many people who have approached the Council with the best of intentions and concern for the MOFD, the City budget, and the roadway infrastructure needs. He stated that he and Councilmember Smith have become immersed in the MOFD budget and its priorities and it has not been a simple examination. He stated they approached the task with an open mind and thoroughness to approach the two assigned tasks of answering the questions: does MOFD have extra money and is the money being spent in a fair way for Orinda taxpayers. Councilmember Glazer stated that one assumption could be that the MOFD be created from scratch and that stations and personnel could be moved around to address inequity or service calls. He stated this was not the case though and the five fully staffed fire stations that exist today cannot be changed without a lot of added expense. Councilmember Glazer clarified that when the Revenue Enhancement Task Force (RETF) draft report was presented to the Council it was made clear by everyone involved that it was not criticizing the quality of service provided by MOFD. Subsequently, he stated issues of service and cost have been raised. He stated these issues were outside the scope of the Subcommittee s charge; there is an elected MOFD Board of Director to address such issues; and he did not see it as the Council s responsibility to judge the quality or efficiencies of MOFD services. Orinda City Council Minutes Page 4 of

5 PUBLIC COMMENTS: Bill Judge urged that the Council retain an independent consultant to look at the various issues raised by the RETF and other Orinda citizens interested in the issue. He stated he was skeptical when the RETF was formed because of the extensive work done and the experts involved in the research for Measure Q and he had been convinced that they had looked under every rock for solutions. He stated he was pleasantly surprised by the findings of the RETF. He stated an independent consultant was needed to give the Council and community answers to questions and, without the answers, residents would have an excuse to vote no on a future infrastructure ballot measure. Allan Resnick presented various statistics about Orinda funding to support the MOFD versus Moraga s support stating the difference over a number of years has been approximately $40 million. Mr. Resnick also cited information received from Fire Chief Nowicki which showed that 75% of weed removal notices and 75% of properties requiring abatement were from Orinda. Mr. Resnick reviewed projections over the next 12 years which show that Moraga will pay $108 million while Orinda will pay $216 million for fire services, a difference of over $100 million. Mr. Resnick supported Mr. Judge s recommendation to hire a consultant stating the community needed to hear about the management of the District from someone other than the District. He stated, during the RETF process, $20,000 was set aside for a consultant but a consultant was not pursued at that time because LAFCO was pursuing a study. He continued by quoting information from the LAFCO MSR which stated the MOFD could choose to fund road repairs because they utilize the roads. Mr. Resnick also referenced the costs associated with Fire Chief Nowicki s retirement benefits as well as costs associated with other upcoming MOFD retirements. In closing Mr. Resnick stated Orinda deserves a safe community, there needs to be prudent use of tax money for fire and medical services, and citizens cannot hire a consultant but the Council can. Keith Jacobsen stated he was on the Orinda Association Board in the early 1980 s and that he was involved in the City s incorporation efforts. He stated that many who supported the incorporation did so because the City was not getting adequate police service, the local planning committee was being overruled by the County, and there was an inequity between taxes paid in and services received. He continued by reviewing the steps involved in LAFCO s study of the incorporation effort. Mr. Jacobsen referenced information in various reports which shows that Orinda residents are currently paying 65% of the MOFD budget with that number increasing to 70% in the future because Orinda s property values are increasing at a greater rate than Moraga s. He encouraged that the Council ask that the Subcommittee rewrite its report, come up with matrix to justify what portion should be funded by Orinda, and talk with Moraga and MOFD to urge that a consultant be hired to look into the issues. Steve Cohn stated the Subcommittee findings were wrong because he felt an outside consultant was needed now more than ever. He questioned what assets each community would bring to the system if the MOFD was formed today. He stated, if the two departments (MOFD and ConFire) Orinda City Council Minutes Page 5 of

6 were merged, they would operate more efficiently, administration would merge, there would be no duplication of service, and there would be a split of administrative costs. Mr. Cohn stated the split of costs should be 57%/Orinda and 43%/Moraga and, if the Orinda share was dropped from 65% to 57%, Orinda would get back $1.4 million. If Moraga were not willing to raise taxes, the savings to Orinda would be $4 million. Mr. Cohn referenced the recent LAFCO report which encouraged the Tri-Agency Funding Committee to explore options to address water and road infrastructure deficiencies as he felt the report concluded that money was available because the MOFD is the highest taxed agency per capita in the County. Mr. Cohn stated his conclusions were that the Council should not accept the Subcommittee s finding about equity, should not abandon the review of MOFD finances, but should hire a consultant to review issues including reviewing cost cutting measures. Carl Weber reviewed that he was appointed by the Council and he chaired the 1994 Committee that looked at alternatives for fire services. He reviewed the history wherein for two to three years before the MOFD was formed the County took over the management of the Orinda Fire District and the ConFire Fire Chief served as the Orinda Fire Chief and the Board of Supervisors voted to merge the two districts. He stated the Committee met for over a year to understand the agency finances and, based on this, he congratulated Councilmembers Smith and Glazer for the extra ordinary amount of time they have spent on the current issue. He stated the 1995 Committee recommendation was to merge with Moraga and form an independent District; a similar Moraga committee agreed; and a joint committee was formed which spent an additional two years on the issue. The results of the work were that over 83% of the community voted to approve the formation of the MOFD. He stated this has resulted in a well managed fire and paramedic system with updated equipment and two rebuilt fire stations (with one station yet to do). He stated he would not want to go back to what previously existed and he did not think a consultant could solve the issue. Mr. Weber reiterated comments by Councilmember Smith that the tax allocation amount was not negotiable; the Council could not simply take money from MOFD because it thought they were paying too much; and he concurred with the Subcommittee s report. Herb Brown stated he did not see any of the speakers having an ax to grind nor would they profit from the outcome. He stated everything in Orinda is considered post city hall and he recalled his thoughts when Measure Q was on the ballot which was that the measure would not pass because the City had a city hall. He questioned the cost benefit analysis for hiring a consultant and felt the cost for the consultant would provide credibility to the process. Ian Baird stated his support for previous speaker comments. He urged that an independent consultant be hired because of how much money was at stake. He stated citizens are concerned, they have spent hours on the matter, and a third party analysis was justified. Pete Wilson, MOFD Board President, noted he has served on the MOFD Board of Directors since it was formed and he also served on the former Fire Commission (prior to the MOFD merger). He stated the subject before the Council has been thoroughly researched and extensive documentation has been provided. As a result, he questioned whether anyone could add new material to what was already prepared. Mr. Wilson stated the MOFD is a unified district, not a Moraga or an Orinda district; the District serves everyone; and, when calls come in, there is no Orinda City Council Minutes Page 6 of

7 judgment of where the call comes from or which equipment to send. Mr. Wilson stated agreement with the statement if it isn t broke, don t fix it. He stated the District is not broken but it is a well functioning district which operates with high standards. PUBLIC COMMENTS CLOSED: Councilmember Worth questioned and City Manager Keeter and City Attorney Wolff reviewed that LAFCO was scheduled to review and accept the final draft of the Municipal Services Report and they had requested any final City comments on the report. They also reviewed the issues the Commission would review relative to spheres of influence for fire services. Councilmember Smith reviewed how the sphere of influence issues could impact the MOFD. She also reviewed that the County Board of Supervisors, serving as the ConFire Board and the East County Fire Board, is facing pressure for service from East County areas. She reviewed that East County areas are currently paying 7 or 8 cents for service while the ConFire average is 12 cents. Because of this, they were looking towards communities like Kensington that pays 30 cents and Moraga/Orinda that pays 23 cents. She stated, if Orinda were annexed into ConFire, the 23 cents would go to ConFire as there was no mechanism for the funds to go to the City. In addition, the only way to have the funds go to Orinda would be for the City to create its own internal fire department and to assume the current liabilities of the MOFD. Councilmember Worth questioned whether Orinda and MOFD could come to a mutual agreement for a transfer of funds. City Manager Keeter clarified that they questioned LAFCO about this and the response was that the only way for Orinda to be involved would be for the City to create its own fire department or take responsibility and contract out the services. Councilmember Glazer responded to specific issues raised by speakers as follows: Regarding comments that leaving the issue hanging could have consequences on a future ballot measure: His research was that no money was available and he did not see that retaining a consultant would change this conclusion. Regarding comments about the management of MOFD: He reviewed the assigned subcommittee tasks and clarified that management of MOFD was not an assigned task. Regarding comments that LAFCO reported that the MOFD could provide funding for roads: He did not dispute the point but noted there was not available funding or, if there were funding, he questioned whether it would come to the City given MOFD s emergency response duties. Regarding the questions of whether the money is spent in a fair way with Orinda getting its share and the suggestion for developing a matrix: He referred to the information contained in the Tri-Agency Funding Discussion Committee Report (page 2) regarding Proportionality of Service. He referenced that response time is the biggest priority when it comes to the ability to save lives and property. He reviewed that three MOFD stations are in Orinda and serve Orinda and the two Moraga stations serve an additional 700 to 1500 Orinda homes. Regarding comments of how assets would be distributed if the District were created today: He pointed out that stations could not now be moved around based on service calls because they were fixed assets. He also disagreed with comments that had been made that 45 seconds in response time delay was not meaningful. Regarding comments about why not hire a consultant as residents do not have an ax to grind or a profit motif: He agreed that speakers did not have motives but questioned why the money should be spent if there was no merit. Orinda City Council Minutes Page 7 of

8 In conclusion, Councilmember Glazer stated that, based on conclusions from the work that had been completed, he could not support spending money on hiring a consultant. Vice Mayor McCormick raised a series of questions directed to the various speakers. The following speakers responded to Vice Mayor McCormick s questions. Carl Weber clarified, at the time of the MOFD merger, approximately 60% of the revenues were coming from Orinda and 40% of revenues were from Moraga and this information was obtained from State Controller records. Steve Cohn clarified that Moraga property tax revenues are increasing on average 5½% per year and Orinda s is increasing by 6½% per year and, with the Wilder Development, the change in revenues in five or six years would be 68% Orinda revenues and 32% Moraga revenues. John Wyro clarified that he was on the dependent Orinda Fire District Board from 1995 to 1997 and he was involved in the formation of the wording for the fire flow tax. He clarified that the title came about because Moraga had an existing tax with the same title. He reviewed how the tax formula was developed and that the initial charter indicated the tax could be used for capital facilities, not maintenance and operations, and rebuilding stations and replacing equipment is a permitted use. As pointed out by the Subcommittee, pipes and hydrants have not been the highest priority but the MOFD has refurbished some hydrants with the money. In addition, Station 43 is in poor condition and is a higher priority than water pipes. Mayor Severson noted that retirement and health costs were driving the MOFD deficits and she questioned what the plan was to address these costs or when a plan could be expected. Mr. Wyro encouraged residents to attend MOFD Board meetings. He noted that the largest portion of the District s budget is personnel costs, the District is in the middle of labor negotiations, and retirement issues are being worked on. He further reviewed that the District commissioned a study to change to the CalPERS system but he acknowledged that they needed to address their current liabilities before moving to a CalPERS system. He also clarified that the District s retirement system is governed under the 1937 Act Retirement System and the Act and subsequent legal decisions specify how retirement benefits and final salary amounts are established. Mayor Severson questioned whether the District has considered a defined contribution retirement plan. Mr. Wyro stated he hoped the City never lost its defined contribution plan. He clarified that retirement system changes were needed on a State-wide basis and it would be difficult for a small fire district to do something on its own. He also noted there currently was no public safety entity in California on a defined contribution plan. Councilmember Worth stated her recollection of the history for moving from a dependent to independent fire district was (1) the drain of Orinda tax dollars out of Orinda and (2) the desire to have paramedic service as the private paramedic service required responses from out of the Walnut Creek area. Mr. Wyro confirmed that the most important issue was providing paramedic service in Orinda. Orinda City Council Minutes Page 8 of

9 Vice Mayor McCormick asked a MOFD Boardmember why he was sneering during some of Mr. Wyro s responses. MOFD Board President Wilson indicated that some of the issues dealt with collective bargaining matters and, while retirement issues are being discussed during these negotiations, no commitments could be made at this time. Councilmember Worth stated that excellent service was being provided. She noted that one of the issues raised was the per capita or per house cost for service. She questioned whether information from Lafayette was developed. Councilmember Smith clarified that the information was not part of their inquiry and she noted that, while terrains in Orinda and Moraga were not similar, Lafayette would be even less similar because they had less hill and vegetation areas. She also noted that Lafayette s tax rate was set by Proposition 13 and they did not have ambulance or paramedic services but it is contracted out to a private ambulance provider. Mayor Severson questioned and City Manager Keeter estimated, based on the costs for the police services study, a similar scope of services for a fire services study would be about $75,000. Councilmember Worth stated her appreciation for the work of the Subcommittee and for its addressing the tasks assigned to them. She noted that, while people are happy with the fire and paramedic service, they have raised a number of issues which were outside the Subcommittee s scope and these issues remain unresolved. She stated her support for the recommendation to work with MOFD and Moraga to hire a consultant with all parties agreeing on a scope to look comprehensively at providing services to the community. Councilmember Glazer clarified his understanding that Councilmember Worth was proposing that the review include other issues that have been raised, such as employee compensation issues. He stated that Orinda residents have elected a Fire District Board of Directors; the leadership on the issues raised should come from that elected board; and he felt such issues were outside the Council s scope. He compared the issue to the Council going to the School District to review similar spending issues. In contrast, he stated he would support such a partnership if the MOFD Board came to the Council asking for assistance. Vice Mayor McCormick stated his belief that the Subcommittee had discharged their duties well and further that the MOFD provided fabulous service to the community. He also empathized that the District needed to deal with the pension issues as such issues were over shadowing their fine service. Vice Mayor McCormick stated disagreement with Councilmember Glazer about the extent to which the Council should or should not question whether MOFD was spending its money appropriately as he felt the funds were citizen funds and the Council was representing Orinda citizens. He stated he agreed with the approach of using the carrot. Vice Mayor McCormick stated the fire tax was to be spent on three or four things and he would like to see the funds spent more equitably (with more spent on water pipe infrastructure). He also stated that equity issues were not resolved for him. He questioned whether the current formula worked because it had to be revisited every five or ten years and, while it was not part of the subcommittee s scope, he felt the issue should be resolved. Vice Mayor McCormick stated that questions have been raised by the community and he supported the Council taking the lead to make sure the questions were answered. Therefore, he Orinda City Council Minutes Page 9 of

10 favored using the carrot to get people together to meet but, if that didn t work, he supported using the whip to get a consultant to look for solutions. Mayor Severson thanked Councilmembers Smith and Glazer for their work on the complex issues. She acknowledged that the tax rate was set by Proposition 13 and it could not be changed nor was it within the Council s control. In addition, the system was voted on and accepted by Orinda citizens and that has allowed the MOFD to provide an outstanding quality of service. Mayor Severson continued by summarizing the findings of the Tri-Agency Funding Discussion Committee. Regarding hiring a consultant, she did not oppose hiring a consultant; however, she stated it would be at a cost that could otherwise fund infrastructure improvements. Councilmember Worth proposed that, in the spirit of the three agencies working to serve their residents, discussions should continue on the concept of retaining a mutually agreed upon consultant to answer the questions which have been raised and to provide clarity for the community. MOTION by Councilmember Worth and seconded by Vice Mayor McCormick to receive the Tri-Agency Funding Discussion Committee Council Subcommittee Report and acknowledge, with appreciation, the work of the Subcommittee as being complete. Said motion carried by a unanimous (5-0) voice vote. MOTION by Councilmember Worth and seconded by Councilmember Smith to direct sending a letter to LAFCO expressing that the Council supports the minor adjustment to correct the MOFD sphere of influence to include the existing service area and that the City of Orinda opposes the possibility of a MOFD-ConFire consolidation. Said motion carried by a unanimous (5-0) voice vote. Following discussion, there was a consensus that the Council remains silent in the motion/letter about the concept of the City considering at a future date the providing of fire services. MOTION by Councilmember Worth and seconded by Vice Mayor McCormick that staff initiate conversations with MOFD and Moraga to retain a mutually agreed upon consultant to review information that has come forward and bring back recommendations to the three agencies on the issues that continue to be raised with the goal of continuing to provide for public safety, fire and paramedic service to the community. Council discussion continued regarding the proposed motion. Councilmember Glazer clarified that the Subcommittee has heard from Fire Chief Nowicki that the MOFD was not interested in hiring a consultant and, while he understood the intentions of the motion were good, he saw the action going nowhere and he could not support the use of staff resources for an action that would go nowhere. Councilmember Smith confirmed that MOFD has made it clear that they were not interested in providing funds for a consultant and Moraga representatives have expressed that they felt the issues were thoroughly reviewed and they were not interested in pursuing the issue further. She stated that staff could ask the same questions that the Subcommittee members already asked but she felt the answers would be the same. Orinda City Council Minutes Page 10 of

11 Councilmember Glazer also stated that, if the two agencies were approached, there needed to be more specific information about what the consultant was to study. Councilmember Worth stated it was premature to specify a scope for the study as she felt the three agencies should come together to develop the scope. Vice Mayor McCormick suggested that the scope of the study include whether any of the fire flow tax could be spent more equitably to help Orinda with the fire flow issue. In addition, he questioned whether the current formulas worked on a forward basis or whether the percentage of the MOFD revenue paid by Orinda taxpayers, as opposed to Moraga taxpayers, would continue to grow in the future. Councilmember Smith questioned, since the percentage of the tax dollar paid for fire services couldn t be changed, what Vice Mayor McCormick intended to do about it if the percentage of revenue to the MOFD from the Orinda taxpayers continued to increase. Vice Mayor McCormick responded nothing, since there was nothing that could be done. Councilmember Smith stated she could not support the motion. She read an from a constituent who had supported both Measures Q and E who questioned why the Council would consider spending time on the subject as it was similar to the Council addressing how the Acalanes Union High School District spent their funds. Should we now study whether all school taxes paid by Orindans are going to just Miramonte? As a Councilmember she stated there were a great number of issues that she needed to deal with, including a declining economy, and she could not support an unnecessary cost that would take money from the City s budget that would otherwise be used for paving roads or providing police or planning services. Councilmember Glazer stated his concurrence. Mayor Severson stated her support for an independent review but she did not anticipate the MOFD or Moraga would participate monetarily in the study given their budget deficit situation. Vice Mayor McCormick suggested that, after the evening s discussions, the parties may not think having a third party review would be a bad idea. Councilmember Worth stated her intent was to reach out to Moraga and MOFD, to recognize that there are issues that have come up, and that it was in everyone s interest to address the issues. Further, she preferred that a scope of services not be identified at this time but the three agencies should together define the scope of the issues to be reviewed. The above motion carried by a (3-2) vote with Councilmember Worth, Vice Mayor McCormick, and Mayor Severson voting in support and Councilmembers Smith and Glazer voting in opposition. I-2 Authorization to Purchase Replacement Police Vehicle MOTION by Councilmember Glazer and seconded by Councilmember Smith to approve Resolution authorizing staff to purchase a replacement police vehicle, not to exceed $30,000, including outfitting the vehicle with police-related equipment. Said motion carried by a unanimous (5-0) voice vote. I-3 City of Orinda Administrative Regulation 3.8, General Fund Reserve Policy Orinda City Council Minutes Page 11 of

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19 Table III 1 MOFD EQUIPMENT OPERATION SUMMARY (2009) Total Operations To Total Ops Orinda Moraga sub total Outside MOFD Total To Outside of City Limit Operations From 52.2% 47.8% Engines & Trucks 1,431 1,312 2, ,868 Orinda 1, , % 83 1, % 206 E E E E E E OES Moraga 173 1,189 1, % 42 1, % 215 E E T E E % 49.2% Ambulances , ,964 Orinda % % 155 M M Moraga M , % 4 1, % % 48.4% All MOFD Equipment 2,419 2,268 4, ,832 Orinda 2, , % 99 2, % 361 Moraga 417 2,006 2, % 46 2, % 463 Administration Fire Chief Battalion Chiefs Other Con Fire equipment responding to incidents in the MOFD service area All operations reported