REPORT:

Administrative Committee

SYNOPSIS:

The Administrative Committee met Friday, November 21, 1997, and reviewed the proposed agenda for the December 12, 1997 Board meeting. The Committee also discussed various issues detailed in the Committee report. The next Administrative Committee meeting is Friday, December 19, 1997, at 9:30 a.m., in Conference Room CC8.

RECOMMENDED ACTION:

Approve this report.

Norma J. Glover, Chairman
Administrative Committee

Attendance:

Present were Chairman Norma Glover and Committee Members Richard Alarcón, Mee Hae Lee, Wayne Nastri, Nell Soto, and Roy Wilson. Vice Chairman James Silva was absent. Supervisor Jon D. Mikels was present, not voting. Board Member Leonard Paulitz attended briefly, as well.

Chairman Glover moved to add to the Administrative Committee (AC) agenda an item to discuss the report and recommendation of the Board’s Executive Officer Search Firm Proposal Evaluation Panel. Ms. Glover indicated there was an immediate need to take action and the need for action came to the attention of the Administrative Committee subsequent to the posting of the agenda since the Panel had just met the previous day, November 20, 1997. The motion was duly seconded and passed by a vote of at least 2/3 of the Committee Members present; therefore, the Committee considered the item.

Ms. Glover reported that the Panel had voted to recommend to the AC that an executive search firm not be used in the recruitment for an Executive Officer, and that the Panel, in conjunction with the District’s Human Resources staff, conduct the recruitment. Panel member Leonard Paulitz supported using a search firm and voted against this recommendation. Dr. William Burke, Norma Glover, and Nell Soto voted affirmatively. (Panel member Ron Loveridge was absent from the November 20 meeting.)

The Committee discussed the recruitment and selection process and the Board’s prior requirement that candidates for the Acting Executive Officer position agree, in writing, not to apply for or otherwise seek appointment as Executive Officer to succeed Dr. James Lents. Councilman Alarcón stated that the rule could prohibit a highly qualified candidate from applying for the position, and moved that the issue be referred to the full Board for reconsideration, so that the Board could consider all candidates and hire the best qualified (seconded, Soto).

At this point, Ms. Lee reviewed the circumstances of the selection process for the Acting Executive Officer for the benefit of those who were not Board Members at the time of the interviews. Ms. Lee expressed her concern over the unfairness to those individuals who were interested in being considered for the permanent position, and thus took themselves out of the running for the acting position. She advised that the Board would have to make a conscious decision to change that rule now.

Discussion followed as to the rationale of requiring candidates for the Acting Executive Officer position to exclude themselves from consideration in selection for the permanent position. Various Board Members commented that all who signed the agreement should have an opportunity to compete, and that the search criteria should not exclude individuals and thus limit the Board’s ability to select a candidate who may be the best qualified.

Ms. Glover turned the discussion back to whether the Executive Officer search should be performed by an outside firm or performed in-house. Mr. Nastri advised that he would support the concept of the Board reviewing and accepting candidates because the Board is the best qualified to evaluate the candidates. He further noted that, if the challenge is such that the Board cannot manage it, there would still be the opportunity to use a search firm.

Ms. Glover stated the in-house human resources staff would be expected to carry the responsibilities of advertising the recruitment and screening the applicants, and directed the human resources director to submit a report on the role and contributions of the human resources department in the Executive Officer search effort.

Supervisor Wilson advised that he supports bringing these issues to the full Board, without recommendation. Ms. Lee similarly stated the matter should be forwarded from the AC without recommendation. Councilman Alarcón moved (seconded by Councilwoman Soto) that the full Board reconsider the requirement that the Acting Executive Officer is excluded from competing for Executive Officer. Unanimously approved. Mr. Nastri moved that the Administrative Committee recommend to the full Board that the Board, rather than a search firm, review the candidates and make a selection for Executive Officer. Councilman Alarcón seconded the motion, and it passed 5-1, with Supervisor Wilson voting no.

DISCUSSION ITEMS:

1. Status of EPA’s Proposed Standards Regarding Ozone and PM2.5: Acting Executive Officer Dr. Barry Wallerstein advised that the Federal Advisory Committee meeting will be in December 1997 and staff is preparing comments on the draft FACA recommendations.

2. Chairman’s Report of Approved Travel: In addition to the travel reported for Supervisor James Silva’s monthly trip to CARB in Sacramento, Dr. Wallerstein distributed Supervisor Wilson’s request to attend the Transportation Land Use Air Quality Symposium from December 7-9, 1997 (pending Chairman Burke’s approval). Mr. Wilson offered this reservation to Nell Soto, since a meeting during this time period may preclude his attendance. Ms. Soto will check on her availability.

Dr. Wallerstein further reported on the proposed attendance of Ms. Glover at the EPA Region IX meeting on December 1, 1997, in San Francisco regarding portable IC engines.

Ms. Soto stated she could not be compensated for her October 13, 1997 trip to San Francisco for the League of Cities meeting because she inadvertently did not get preapproval by the Chairman of the Board in accordance with Administrative Code Section 111 - District Board Members’ Expenses.

Ms. Glover moved to approve the proposed travel, and included in the motion the recommendation that Administrative Code Section 111 be placed on the December Board agenda for review and possible amending. The motion was seconded and unanimously approved.

1. Approval of Compensation for Board Member Assistant(s): The Committee considered and recommended approval of the proposed compensation and contracts for Councilman Alarcón’s Board Consultant Mark R. Dierking, and Wayne Nastri’s Board Assistant Jennifer A. Chicconi. Mr. Dierking’s compensation was confirmed at $45 per hour as a Board Member Consultant (employee status); and Ms. Chicconi’s compensation was confirmed at $25 per hour as a Board Member Assistant (employee status). Moved (Lee), seconded (Wilson) and unanimously recommended for approval.

2. Out-of-Country Travel: Dr. Wallerstein stated there was no out-of-country travel to report, with the exception of Director of Planning and Policy Dr. Elaine Chang’s visit to Taiwan, at the invitation of the Taiwan EPA, in December during her vacation time. Dr. Chang’s Taiwan visit will be at no cost to the District.

3. Amending Contracting and Purchasing Policy and Contractor Selection Policy: Sr. Deputy District Counsel Gloria White-Brown provided the Committee with a report on the Community Development Block Grant program, preference point options, "Good Faith Effort" options, and small business definitions. Upon discussion of the map illustrating median household income by areas in the South Coast Basin and the various options outlined, Ms. Lee moved that the Contracting and Purchasing Policy and Contractor Selection Policy be amended as follows:

• Provide preference points for small business enterprises (10 points) and, if small business contractors are let, (7 points);

• Include the EPA 105 grant option with regard to "Good Faith Effort; and

• Apply the District’s definition of "small business," rather than the state, federal or Clean Air Act "small business" definitions.

Item was seconded (Wilson), and unanimously recommended for approval. Inasmuch as this item will require a public notice, there was not sufficient time to place it on the December Board agenda and will be placed on the January 9, 1998 Board meeting agenda.

4. Use of Teleconferencing at Committee Meetings: District Counsel Barbara Baird explained the requirements and procedures for attendance via teleconference or videoconference at Committee or Board meetings, which is permissible per the amended Brown Act as of January 1, 1998. Supervisor Wilson suggested teleconferencing not be used for the full Governing Board meeting, and moved that the Board Committees be allowed to experiment with the process and report back in six months. Seconded (Glover), and unanimously approved.

5. Report on Air Quality Assistance Fund: Deputy Executive Officer of Public Affairs and Local Government Assistance (PA/LGA) Lupe Valdez provided an overview of the history of the Air Quality Assistance Fund (AQAF) and future options for the program. Upon discussion of the January 1, 1999 sunset date of AQAF, the need for a definition of "small business" that is consistently used, the possible option of reducing the minimum guarantee to $5,000, and the economic situation that has affected use of the Program since its inception, Supervisor Wilson moved that staff re-evaluate the AQAF program and report back within thirty days, and that it be referred to Stationary Source Committee for consideration of long term options. The item was seconded (Lee), and unanimously approved.

Public Comment: John Billheimer, representing the Small Business Coalition, stated the AQAF funds are misapplied toward big business when small businesses need the loans. If the AQAF concept is reexamined and the minimum guarantee is lowered, a great many more businesses would be involved.

DECEMBER AGENDA ITEMS:

6. Execute Contract to Purchase Laboratory Information Management System: Moved (Lee), seconded (Nastri), and unanimously approved.

7. Issue RFQ to Lease Radio/Cellular or Cellular Telephones for AQMD Field Staff: Moved (Lee), seconded (Wilson), and unanimously approved.

10. Execute Contract for Janitorial Services at Diamond Bar AQMD Headquarters: Sylvia Oroz, Business Services Manager, addressed the issues raised at the November 14, 1997 Board meeting with respect to the selected contractor’s employees, stating that the janitors are paid between $5.75 and $8.00 per hour and they are non-union employees, and that the State of California does not designate a prevailing wage for this type of work. Ms. Lee moved the item with the proviso that the next time the RFP for janitorial services is released, the issues of prevailing wage and union membership are addressed. Seconded (Glover), and unanimously approved.

11. Appropriate Funds to Cost-Share Evaluation of In-Use Vehicles Retrofitted with Advanced Aftermarket Catalytic Converters: Moved (Wilson), seconded (Nastri), and unanimously approved.

1. Appropriate Funds from Equipment Replacement Designation in General Fund, Approve Release of Purchase Orders for Equipment, Approve RFP for Toxics Emissions Inventory Development, and Approve Workplan in Support of Environmental Justice Initiative No. 2: Dr. Chung Liu presented the workplan developed in support of Environmental Justice Initiative No. 2: AQMD staff, with peer review feedback, will design and conduct a program of ambient monitoring for toxic hot spots. With respect to the proposed MATES II Monitoring Network, the Committee expressed concern with the map indicating the air monitoring sites, since it could be perceived as being unbalanced geographically. Dr. Wallerstein explained that there will be two mobile platforms that were not shown on the map, providing further monitoring for the Inland Empire.

Supervisor Mikels commented on the lack of monitors in the eastern portion of the Basin, and Ms. Glover requested that he speak as a member of the public during the public comment period since he is not an AC member.

Mee Lee moved the item with the addition of a map that includes the placement of the portable mobile platforms, seconded (Glover) and unanimously approved.

2. Remove Various Fixed Assets from Inventory: Director of Finance Rick Pearce reviewed the list of items to be removed from the District’s records following the 1995 and 1996 fixed asset inventory. Mr. Pearce expressed his belief that a majority of the assets (primarily computers and related equipment which had been donated) were on the list because records to track them had not been adequately maintained. Committee members strongly expressed their concern over the number of the unlocated items. Dr. Wallerstein said there have been significant procedural changes so this inadequate tracking could not reoccur and will provide a memo to the Board describing the process currently in place. Item was moved (Glover), seconded (Wilson), and unanimously approved.

14. Pre-Approve Stationary and Mobile Source Emission Reduction Proposals for Rule 2501 - Air Quality Investment Program: Item was moved (Lee), seconded (Glover), and unanimously approved.

Public Comment: Tim Carmichael, representing the Coalition for Clean Air and the National Resources Defense Council, raised the following three issues with respect to the foregoing item:

1. Why are we still proceeding with the trading program, knowing that ARB has not forwarded any credit rules to EPA for approval?

2. Concern regarding VOC trading, without fully addressing environmental justice.

3. Inclusion of ground service equipment conversion at airports.

Dr. Wallerstein responded that, with regard to the trading program, ARB has indicated it will forward credit rules to EPA in the near future. Responding to the second concern, he stated that there are toxics provisions in Rule 2501, and should these policies get revised because of environmental justice studies, 2501 will be amended to reflect the latest findings. Regarding the third item, Dr. Wallerstein stated that the ground service equipment conversion project will produce surplus emission reductions. The Board letter will be amended to clarify this.

15. Pre-Funding the Rule 2501 - AQIP Emission Reduction Reserve: Item was moved by Lee, seconded and unanimously approved.

1. Establish 1998 Board Meeting Schedule: Dr. Wallerstein requested that a joint breakfast meeting with the MSRC and the Governing Board be added, and scheduled immediately prior to the January 9, 1998 Board meeting, from 8:30 to 9:30 a.m. Duly moved, seconded and unanimously approved.

Jon Mikels requested an item be added to the December Governing Board agenda regarding the Board’s long-standing policy regarding Board members’ participation at Board Committee meetings.

2. Review December 12 Governing Board Agenda:

Dr. Wallerstein advised that the Administrative Committee, by its actions up to this point in the meeting, had caused the following items to be added to the December Board agenda:

• Administrative Code Section 111 - District Board Members’ Expenses policy relative to Board member travel reimbursement;

• The Executive Officer selection process;

• Use of teleconferencing and/or videoconferencing at Board Committee meetings;

• Board Members’ participation in Board Committee meetings.

The following items were continued to the January 1998 Board agenda:

#917-Execute Sole-Source Contract with the Los Angeles County Weights and Measures Department for Gasoline Vapor Recovery Inspections;

#952 - Amend Technical Guidance Document for Regulation XXX - Title V Permits; and

#985 - Report on Air Quality Assistance Fund.

Item was moved (Lee), seconded (Glover), and unanimously approved.

7. Other Business - None.

8. Public Comment None, other than as referenced above.

Ms. Glover adjourned the meeting at 11:35 a.m.

Report on Board Member Travel Authorized by the Chairman (November 21-December 19, 1997):

DATE	TRAVELER	DESTINATION	PURPOSE
12/1/97	Norma Glover	San Francisco	EPA Region IX - Portable IC Engines
12/7-9/97	Roy Wilson	Lake Arrowhead	Transportation and the Economy Symposium
12/11-12/97	James Silva	Sacramento	CARB meeting

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