Los Angeles Fire Department
Board of Commissioners meeting, Oct. 21, 2003

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The Regular Meeting of the Board of Fire Commissioners convened Tuesday, October 21, 2003, at 1:35 p.m., Fire Commission Meeting Room 1030, City Hall East, 200 N. Main Street, Los Angeles.

Present: President Alarcon, Vice President Grodin, Commissioners Coleman, Frankel, and Freeman. Note: Commissioner Coleman left at 2:35 p.m. Fire Chief Bamattre and Assistant City Attorney Marcia Gonzales-Kimbrough

Assistant Chief Rueda led the flag salute, followed by a moment of silence in honor of past and present members of the Los Angeles City Fire Department who devote their lives to the protection of our community.

PRESENTATIONS:

Chief Bamattre presented the following newly appointed Chief Officers to the Board: Battalion Chief Robert L. Cramer, Battalion 15, “B” Platoon, Battalion Chief Brian L. Cummings, Battalion 13, “B” Platoon, Battalion Chief Michael L. Rhodes, Battalion 13, “C” Platoon. (Taken out of order.)

Deputy Mayor Sarah Dusseault and Hamid Behdad, Director, Mayor Hahn’s Office of Economic Development presented Mayor’s Certificates of Appreciation to the following Adaptive Reuse Team members: Captain Robert S. Holloway, Captain John N. Vidovich, Hani Malki, PE, FPE.

1. APPROVAL OF THE MINUTES:

The Minutes of September 23, 2003 were APPROVED as submitted (Coleman/Frankel).

2. COMMISSION BUSINESS

A. Activities/Events/Meetings

President Alarcon thanked and expressed her appreciation to Department members for their support and assistance with her grandmother’s funeral. She announced the Department’s October and November scheduled events. Commissioner Frankel indicated that her reappointment to the Board of Fire Commissioners had been confirmed by the City Council last Wednesday. She thanked the staff that accompanied her to the Council session.

B. Request for future Agenda items

None.

3. GENERAL MANAGER’S REPORT

A. Significant Incidents/Activities

Chief Bamattre provided an overview of incidents and activities the Department participated in since the last Board Meeting.

4. OLD BUSINESS
None.

5. NEW BUSINESS

A. Consideration of the Fire Chief’s report dated September 29, 2003, requesting approval of a three-year contract in the amount of $99,999.00 with Brian D. Heinz, DBA Chemical Safety Training for Hazardous Materials Technician Chemistry Training.

Department’s Recommendation: The Board: 1. Approve the draft contract that has been negotiated with Mr. Brian D. Heinz. 2. Submit the draft contract to the Mayor’s officer in accordance with Executive Directive No. 16.

MOVED BY: Commissioner Grodin
SECONDED BY: Commissioner Frankel
AYES: 4
NAYS: 0
NOTE: Commissioner Coleman exited the room at 2:20 p.m. and was not present for the vote.

DISCUSSION: Deputy Chief Rueda indicated that Mr. Heinz’s proposal was the only response to the Request For Proposal (RFP). He reported that there had been operational issues concerning the training schedule and that in order to accommodate Mr. Heinz’s availability, the Department had to commence training on October 12th. Commissioner Grodin recapitulated that the Board had previously approved the contract and that the approval had been rescinded due to an error in the Appeals Notification portion of the RFP process. He said that the contract approval was also delayed because the Board’s October 7th meeting was canceled due to a lack of quorum. City Attorney Gonzales-Kimbrough said that considering the unforeseen delays; retroactive approval of the agreement seemed justifiable. She opined that the agreement language on page 3, should be changed to: “The term of this agreement shall commence on October 10, 2003 and will terminate thirty-six (36) months thereafter, unless terminated earlier as provided for in this Agreement.”

Commissioner Freeman asked for clarification regarding the retroactive approval. City Attorney Gonzales-Kimbrough explained that Mr. Heinz’s previous contract could not have been amended because it had expired and that time-wise, the Department did everything they could have done to obtain contract approval.

B. Consideration of the Fire Chief’s report dated September 8, 2003 requesting approval of an agreement to provide tunnel rescue teams to Kenny, Shea, Traylor and Frontier-Kemper during the construction of the East Central Interceptor Sewer and Northeast Interceptor Sewer (City of Los Angeles, Bureau of Engineering sewer project.). Acceptance of a one-ton van donation from Kenny, Shea, Traylor and Frontier-Kemper to be used as a tunnel utility vehicle by LAFD.

Department’s Recommendation: The Board: 1. Approve the Agreement to provide rescue teams for the ECIS and NEIS tunneling projects, subject to the City Attorney’s approval and legality. 2. Upon approval, forward the Agreement to the City Council for their action on the approval of the van donation.

CONTINUED: November 4, 2003
MOVED BY:
SECONDED BY:
AYES:
NAYS:
NOTE: Commissioner Coleman returned at 2:30 p.m. and departed at 2:35 p.m.

DISCUSSION: Deputy Chief Rueda provided an overview of the services to be provided by the Department. Commissioner Grodin asked if the Public Works agreement had factored in compensation for stand-by-Fire Department services. Discussion regarding financial compensation ensued. Commission Grodin asked the City Attorney to address the lack of indemnification provisions in the contract. City Attorney Gonzales-Kimbrough indicated that it is assumed that there are indemnification provisions in the Public Works contract, however, that the Commissioner’s concern is valid and it would probably be prudent to have indemnification provision language in the Department’s agreement. She said that it would also be beneficial to request the CAO to look at the Public Works agreement. If the contractors’ price factored in the tunnel evacuation service cost and it is more than the value of the donated vehicle, perhaps there is an argument that the contractor is being unjustly enriched. Commissioner Grodin instructed the Department to follow up with Public Works on the compensation issue and incorporate indemnification provisions into the contract. He also wants verification that Mr. Budd and Mr. McDonald have authority to enter into the contract. Commissioner Coleman instructed the Department to incorporate standard insurance language on all contracts. He wants the City named as an additionally insured party on the contractors’ insurance and wants copies of the Certificate of Insurance as an attachment to the agreements. President Alarcon instructed the Department to incorporate the commissioners’ requests and report back at the next Board meeting.

C. Consideration of the Fire Chief’s report dated September 23, 2003 requesting approval of a Special Retirement Resolution for William S. Cass, Senior Investigator, Arson Investigation.

MOVED BY: Commissioner Frankel
SECONDED BY: Commissioner Grodin
AYES: 4
NAYS: 0
DISCUSSION: None

D. Board of Fire Commissioners’ Request for Information:

1. Rehab Air Tender [R.A.T.] - (Alarcon)

POSTPONED: November 4, 2003.

2. Fire Department Office Relocation - (Freeman)

DISCUSSION: Captain Greengard provided an overview of the office relocation. Commissioner Freeman addressed the need to maintain office space with confidentiality safeguards for the operational function of the Board office. Discussion ensued regarding Commission staff’s office assignment. Roberta Yang, Mayor’s Office commented that City is required to abide by certain standards for workspace depending on classification and that the CLA had interpreted the new plans correctly. Commissioner Freeman inquired on the reason that space allocation changed from one floor to the other. Ms. Yang responded that the building is not code certified and is on a temporary certificate of occupancy and hopes that with the modernization, the historical problems are resolved. She commented that there is another alternative for the Commissioners to consider, how the commission is staffed and that many of the concerns might be alleviated by addressing staffing issues in the budget process. President Alarcon indicated that she agreed with Commissioner Freeman on the confidentially issues and the need to have enclosed offices for staff. She said that in consideration of the proposed staffing changes, staff could use Room 1812 and the commissioners could use Room 1809. She asked for a consensus on office space allocation, the Board agreed.

6. PERIODIC REPORTS - FOR INFORMATION ONLY

RECEIVED and FILED

A. Fire Chief’s report dated September 26, 2003 submitting a Status Report on the Development of the Request for Proposal (RFP) Process and Guidelines.

7. PERSONNEL REPORTS - FOR INFORMATION ONLY

RECEIVED and FILED

A. Communication dated September 11, 2003, submitting Suspension of Firefighter Ill, effective October 1, 2003. (03036).

B. Communication dated September 11, 2003, submitting Suspension of Captain I, effective September 22, 2003. (03040).

C. Communication dated September 11, 2003, submitting Suspension of Firefighter Ill, effective September 25, 2003. (03041).

D. Communication dated September 11, 2003, submitting Suspension of Captain II, effective September 28, 2003. (03045).

E. Communication dated September 16, 2003, submitting Probationary Termination of Firefighter II, effective September 12, 2003. (03047).

F. Notice of Intent to Apply for Service Pension and Enroll in the Deferred Retirement Option Plan (DROP):

G. Communication dated September 25, 2003, submitting Suspension of Firefighter III, effective October 10, 2003. (03031).

8. PUBLIC COMMENTS

None.

9. ADJOURNMENT

Commissioner Grodin MOVED to adjourn, SECONDED by Commissioner Freeman. The meeting was ADJOURNED at 3:00 p.m.

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For additional information, please contact:

Department of Fire
213 / 485-6003

LA Fire Department website:
http://www.lafd.com

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LAFD's local Fire Stations

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