MINUTES Board of Directors Regular Meeting Thursday, November 19, 2009 6:30 P.M. Regional Fire Operations and Training Center Board Room 1 Fire Authority Road Irvine, CA 92602-0125 CALL TO ORDER A regular meeting of the Orange County Fire Authority Board of Directors was called to order on November 19, 2009, at 6:30 p.m. by Chairman Doug Davert. INVOCATION The invocation was given by OCFA Chaplain Jeff Hetschel. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Director Dahl. ROLL CALL Present: Joe Aguirre, Alternate, Placentia Neil Blais, Rancho Santa Margarita Bill Campbell, County of Orange Gary Capata, Laguna Niguel Henry Charoen, La Palma James Dahl, San Clemente Doug Davert, Tustin Steven Choi, Irvine Troy Edgar, Los Alamitos Trish Kelley, Mission Viejo Michael Levitt, Alternate, Seal Beach Don McCay, Buena Park Janet Nguyen, County of Orange Brad Reese, Villa Park Nancy Rikel, Yorba Linda Martin Rhodes, Laguna Woods R. Craig Scott, Laguna Hills Todd Seymore, Cypress David Shawver, Stanton Tri Ta, Westminster Mark Tettemer, Lake Forest Londres Uso, San Juan Capistrano Steven Weinberg, Dana Point Absent: Carmen Cave, Aliso Viejo David Sloan, Seal Beach Greg Sowards, Placentia AGENDA ITEM NO. 1 Also present were: Fire Chief Keith Richter General Counsel Terry Andrus Assistant Chief Dave Pierce Assistant Chief Lori Zeller Deputy Fire Chief Patrick McIntosh Assistant Chief Laura Blaul Assistant Chief Mark Kramer Clerk of the Authority Sherry Wentz
PRESENTATIONS Resolutions Recognizing 9-1-1 Heroes On motion of Director Seymore and second by Director Choi, the Board voted unanimously to adopt Resolution No. 2009-12B recognizing 9-1-1 Hero Jannet Salman, Age 8, of Mission Viejo and Resolution No. 2009-13 recognizing Makena Rose Schendel, Age 5, of Dana Point. BOARD OF DIRECTORS RESOLUTION NO. 2009-12B A RESOLUTION OF THE ORANGE COUNTY FIRE AUTHORITY BOARD OF DIRECTORS RECOGNIZING 9-1-1 HEROES, JANNET SALMAN, AGE 8, MISSION VIEJO BOARD OF DIRECTORS RESOLUTION NO. 2009-13 A RESOLUTION OF THE ORANGE COUNTY FIRE AUTHORITY BOARD OF DIRECTORS RECOGNIZING 9-1-1 HEROES, MAKENA ROSE SCHENDEL, AGE 5, DANA POINT Chairman Davert presented a resolution to 9-1-1 Hero Jannet Salman, Age 8, of Mission Viejo for her heroic effort. Chairman Davert presented a token of appreciation to Kia Motors America, Irvine, for their generosity and continued support of the Orange County Fire Authority. Director Choi expressed his appreciation to Kia Motors America, Irvine, for their corporate partnership with the community. Chairman Davert presented a token of appreciation to Director McCay for serving as Board Chair during FY 2008/09. Director Edgar arrived at this point (6:42 p.m.) PUBLIC COMMENTS Chairman Davert opened the Public Comments portion of the meeting. Chairman Davert closed the Public Comments portion of the meeting without any comments. November 19, 2009 Page - 2
REPORT FROM THE BUDGET AND FINANCE COMMITTEE CHAIR Budget and Finance Committee Chair Trish Kelley reported at the November 4, 2009, meeting of the Budget and Finance Committee, the Committee discussed and voted unanimously to send the Annual Statement of Investment Policy and Investment Authorization, Audited Financial Reports for the Fiscal Year Ended June 30, 2009, FY 2008/09 Backfill/Overtime Analysis, and Approval of Purchase Agreement, Replacement Land Lease, and Sub-Lease for Fire Station 41, Air Operations and Maintenance Facility, Fullerton Airport to the Board of Directors with the recommendation that the Board approve the items. MINUTES (1) 1. Approval of from Regular Meeting held on September 24, 2009 On motion of Director Seymore and second by Director Ta, the Board voted to approve the from the September 24, 2009, Board of Directors Meeting. Directors Campbell, Capata, Charoen, Levitt, McCay, and Shawver abstained. Directors Cave, Sloan, and Sowards were absent. CONSENT CALENDAR (2 7) (Item Nos. 5 and 7 were pulled from the Consent Calendar for separate consideration.) 2. Annual Statement of Investment Policy and Investment Authorization On motion of Director Seymore and second by Director Choi, the Board voted unanimously to: 1. Review and approve the submitted Investment Policy of the Orange County Fire Authority, to be effective January 1, 2010. 2. Pursuant to Government Code Sections 53601 and 53607, renew delegation of investment authority to the Treasurer for a one-year period, to be effective January 1, 2010. 3. Adoption of a Resolution of the Orange County Fire Authority Establishing the Date, Time, and Location of the Regular Board of Directors Meetings for Calendar Year 2010 On motion of Director Seymore and second by Director Choi, the Board voted unanimously to adopt Resolution No. 2009-14 setting the 2010 Meeting Schedule for the Orange County Fire Authority Board of Directors. November 19, 2009 Page - 3 BOARD OF DIRECTORS RESOLUTION NO. 2009-14
A RESOLUTION OF THE BOARD OF DIRECTORS ESTABLISHING DATES, TIMES, AND THE LOCATION OF MEETINGS OF THE BOARD OF DIRECTORS FOR CALENDAR YEAR 2010 4. FY 2009/10 First Quarter Progress Report on Planning and Development Services Activity On motion of Director Seymore and second by Director Choi, the Board voted unanimously to receive and file the report. 5. Approval of Purchase Agreement, Replacement Land Lease, and Sub-Lease for Fire Station 41, Air Operations and Maintenance Facility, Fullerton Airport Assistant Chief Dave Pierce pulled this item from the Consent Calendar for separate consideration and introduced Management Analyst Dennis Sorensen who provided an update on the revised recommended actions. On motion of Director Choi and second by Director Ta, the Board voted unanimously to: 1. Authorize the purchase from FW Aviation, LLC of the hangar facility located at 3900 3970 Artesia Blvd., Fullerton, for a total price not to exceed $6,156,743. 2. Authorize the Executive Committee to approve the Purchase Agreement and all related agreements with FW Aviation, LLC at its meeting in December 2009. 3. Increase FY 2009/10 appropriations in Fund 123 (Capital Projects Fund) by $575,630 and release reserves in the same amount. 4. Authorize the proposed Land Lease with the City of Fullerton for Fire Station 41, Air Operations and Maintenance Facility, Fullerton Airport, with terms to be approved by the Executive Committee at its meeting in December 2009. 5. Approve and authorize the Fire Chief to execute a rescission of the previously approved land lease with the City of Fullerton effective upon approval by both OCFA and the City of Fullerton of the replacement lease, and in a form approved by General Counsel. 6. Authorize the Fire Chief and General Counsel to negotiate the Purchase Agreement and the Land Lease, subject to approval by the Board of Directors at its January meeting. November 19, 2009 Page - 4
6. Monthly Reserve Firefighter Program Status Update Director Edgar requested additional consideration on this item and inquired about measuring the effectiveness of the program. Chief Kramer provided clarification on how the effectiveness of the program is measured, along with challenges in collecting data. On motion of Director Seymore and second by Director Choi, the Board voted unanimously to receive and file the report. 7. Status Update for the Cities of Brea and Fountain Valley Proposals for Emergency Services Director Campbell pulled this item from the Consent Calendar for separate consideration and requested an update on other agencies proposals and any responses from the Cities of Brea and Fountain Valley. Assistant Chief Mark Kramer introduced Strategic Services Battalion Chief Bryan Brice who provided an update on the proposals. On motion of Director Choi and second by Director Edgar, the Board voted unanimously to receive and file the report. END OF CONSENT CALENDAR Director Charoen arrived at this point (7:00 p.m.) BOARD DISCUSSION (8-11) 8. Audited Financial Reports for the Fiscal Year Ended June 30, 2009 Assistant Chief Lori Zeller introduced Ken Al-Imam, C.P.A. of Mayer, Hoffman, McCann P.C. who provided an overview of the annual Audited Financial Reports for the Fiscal Year Ended June 30, 2009. On motion of Director Ta and second by Director Uso, the Board voted unanimously to receive and file the reports. November 19, 2009 Page - 5
9. FY 2008/09 Backfill/Overtime Analysis Assistant Chief Lori Zeller introduced Finance Manager Jim Ruane who provided an in depth PowerPoint presentation on the FY 2008/09 Backfill/Overtime Analysis. On motion of Director Seymore and second by Vice Chair Blais, the Board voted unanimously to receive and file the report. 10. Adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act for Sewer Installation and Replacement Construction of Fire Station 18, Trabuco Canyon On motion of Director Campbell and second by Director Uso, the Board voted unanimously to: 1. Adopt Resolution No. 2009-15 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Fire Station 18 Sewer and Fire Station Construction Project. BOARD OF DIRECTORS RESOLUTION NO. 2009-15 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY FIRE AUTHORITY ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FIRE STATION 18 SEWER AND FIRE STATION CONSTRUCTION PROJECT 2. Direct the Clerk of the Authority to file a Notice of Determination with the Orange County Recorder. 11. Fire Station 18 Sewer System Project Agreements, Plans and Specifications On motion of Director Seymore and second by Director Nguyen, the Board voted unanimously to: 1. Approve the Agreement for Connection to a Public Sanitary Facility between the County of Orange and the OCFA. 2. Approve the Agreement for Provision of Public Sanitary Facilities and Provision of Certain Services between OCFA and the Trabuco Canyon Water. 3. Approve the plans and specifications for construction of the Fire Station 18 sewer. November 19, 2009 Page - 6
REPORTS (12) 12. Chief s Report Chief Richter reported Information Technology Manager Katherine Litchfield passed away on November 18, 2009, and commended the work Katherine had accomplished during her service at the Fire Authority. He also commended staff for supporting and comforting Katherine during her illness and indicated a memorial would be held on November 24, 2009. Chief Richter provided an update on the Ortega Fire that started on November 16, 2009, and indicated it had burned a total of 145 acres with an approximate cost of $700,000. He commended staff for the great job they did on the fire. Chief Richter indicated OCFA held a press conference to launch the OC Fire Watch program and encouraged all cities to participate in the program to educate the public. Finally, Chief Richter reported that OCFA would be hosting a grant writing workshop on January 20-21, 2009, and encouraged cities to participate. BOARD MEMBER COMMENTS Director Campbell inquired on the night time grounding of OCFA aircraft during the Ortega Fire. Chief Richter indicated that management is currently meeting and conferring with the labor group to work through issues on how the program will be developed and administered. Assistant Chief Kramer reported that the last meeting with labor is November 23. He also indicated night flying helicopters are typically used where life and property are threatened, which was not the case with the Ortega Fire. Director Choi asked if any budget savings were realized due to OCFA not responding to a major fire this year and also if the budget includes an allocation for response to major fires. Assistant Chief Zeller indicated the budget is typically adjusted when a major incident occurs. Director McCay reported the City of Buena Park held its Mayor s Prayer Breakfast on November 19 and thanked the OCFA Pipes and Drums for its performance at the event. Director McCay also thanked the Board of Directors for recognizing him and giving him a plaque for his service as Board Chair. Chairman Davert commended OCFA staff on the great job they did on the Ortega Fire. He reported that Director Sowards fell and broke his hip and asked Board Members to keep him in their thoughts and prayers. Chairman Davert thanked Supervisor Bates office for doing a great job publicizing the OC Fire Watch Program. Director Rikel reported that Yorba Linda celebrated its 42 nd anniversary of being a city and also noted the anniversary of the Freeway Complex Fire. She indicated she participated in a SWAT exercise on November 15 and was very impressed by the apparatus displays. Director Rikel thanked OCFA for participating in Yorba Linda s second CERT training, and reported they have approximately 50 active CERT members. She commended Fire Apparatus Engineer Doug Obermeier and Fire Captain Ric Schultz for the work they did with the CERT members. Finally, Director Rikel thanked OCFA for coming to City Council meetings to introduce and implement the Ready, Set, Go Program, and hoped that flooding wouldn t be an issue in her city. November 19, 2009 Page - 7
Chairman Davert recessed the meeting to Closed Session at 7:55 p.m. General Counsel Terry Andrus reported the Board would be convening in Closed Session to consider the matters on the Agenda identified as CS1. CLOSED SESSION CS1. CONFERENCE WITH LABOR NEGOTIATOR Chief Negotiator: Zenovy Jakymiw, Director of Human Resources Employee Organizations: Orange County Professional Firefighters Association, Local 3631, Orange County Fire Authority Chief Officers Association, and Orange County Employees Association Authority: Government Code Section 54957.6 Chairman Davert reconvened the meeting at 8:25 p.m., with all members present. CLOSED SESSION REPORT General Counsel Terry Andrus announced there were no reportable actions from Closed Session. ADJOURNMENT Chairman Davert adjourned the meeting at 8:27 p.m. in memory of Information Technology Manager Katherine Litchfield, who was an integral part of the OCFA family and will be missed by all. The next regular meeting of the Orange County Fire Authority Board of Directors is scheduled for January 28, 2010, at 6:30 p.m. Sherry A.F. Wentz, CMC Clerk of the Authority November 19, 2009 Page - 8