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REPORT:

Administrative Committee

SYNOPSIS:

The Administrative Committee met Friday, January 22, 1999, and reviewed the proposed agenda for the February 12, 1999 Board meeting. The Committee also discussed various issues detailed in the Committee report. The next Administrative Committee meeting is Friday, February 19, 1999, at 9:30 a.m., in Conference Room CC-8.

RECOMMENDED ACTION:

Receive and file.

Norma J. Glover, Chairman
Administrative Committee

Attendance:
Present were Committee Chair Norma Glover, Committee Members Beatrice LaPisto-Kirtley, and Roy Wilson, who participated by videoteleconference. Absent were Committee Vice Chairman James Silva, Committee Members Hal Bernson, and Mee Hae Lee. Chairman of the Board William Burke was also present, not voting, attending via videoteleconference.

DISCUSSION ITEMS:

1. Chairman’s Report of Approved Travel: Referring to the Report on Board Member Travel Authorized by the Chairman, Dr. Barry Wallerstein, Executive Officer, noted that, subsequent to the release of the Administrative Committee agenda package, Chairman Burke had approved Norma Glover’s trip to Sacramento on behalf of the District. Moved (Wilson), seconded (LaPisto-Kirtley) and unanimously recommended for approval. (See end of report for detail).

2. Approval of Compensation for Board Member Assistant(s): The Committee considered and recommended approval of the proposed compensation for Board Member Hal Bernson’s Consultant, Sandor L. Winger. Mr. Winger’s compensation was confirmed at $45 per hour as a Consultant (employee status) not to exceed the maximum of $30,000 in this fiscal year. Moved (LaPisto-Kirtley), seconded (Glover) and unanimously recommended for approval.

3. Out-of-Country Travel: None.

4. Status Report on Implementation of Inland Empire Initiatives: Dr. Wallerstein provided the Committee with an update on the progress being made toward the implementation of the Inland Empire Initiatives. Ad Hoc Inland Empire Committee Chair Roy Wilson complimented staff on the good job that has been done moving forward with the initiatives.

FEBRUARY AGENDA ITEMS:

5. Amend Litigation Services Contract with Shute, Mihaly & Weinberger to Increase Contract Amount by $150,000 and Authorize Appropriation of $90,000 of this Amount from Undesignated Fund Balance: District Counsel Barbara Baird explained the need for this request is due to the unusually high level of expenditures resulting from unanticipated litigation involving the lawsuits against EPA for failing to act on the 1997 AQMP and inaction on federal measures in the 1994 SIP. Additional litigation against EPA may be necessary to challenge the proposed disapproval of the 1997 Plan. In addition to amending the contract to increase the amount by $150,000, staff is requesting the Board authorize appropriation of $90,000 of this amount from the undesignated fund balance.
   
   Director of Finance Rick Pearce reported there is a balance of approximately $8.7 million in undesignated funds. Discussion followed regarding the use of the funds, and Committee Chair Glover expressed concern that the amount of the balance is not a higher level. Moved (Wilson), seconded (LaPisto-Kirtley) and unanimously recommended for approval.

6. Authorize Executive Officer to Contract with Joseph V. Contaoi for Human Resources Related Services and Approve Findings Supporting the Contract: Ms. Baird advised the Committee that this request is to contract with Mr. Contaoi, the former Director of Administrative and Human Resources who recently retired, to provide assistance with certain Human Resources tasks occurring over the next nine months, including negotiating a contract with the District’s labor unions. Because of the key role he had in Human Resources for many years, he is the most qualified person to provide the needed services. To award a contract for employment services to Mr. Contaoi, the Board must also make the findings under California Health and Safety Code Section 40426.7(b), Restriction on Former District Employees, and the findings must be made by a two-thirds vote, i.e., eight Board Members.
   
   Committee Chair Glover voiced her concern regarding how the public will perceive this action and also about the validity of finding #4: "that the employee is the most qualified person to provide the needed services." Dr. Burke agreed that the District cannot continue depending on Mr. Contaoi, adding, however, his assistance is critical at this time considering his history and experience. With respect to the proposed $100 hourly rate, Dr. Wallerstein explained that AQMD typically pays this amount, or higher, for this type of contract. Following discussion regarding the need for this contract, Committee Chair Glover asked Dr. Wallerstein to begin the recruitment for the new Director of Administrative and Human Resources immediately. Moved (LaPisto-Kirtley), seconded (Glover) and unanimously recommended for approval.

7. Amend Contracts with Metamor Information Technology Services and Majesco Software, Inc. to Provide Short- and Long-Term Systems Development and Maintenance Support: Dr. Vinita Mathur, Director of Information Management, reported that this request is to add funds to the contracts of the two companies since their responses to the bids were the most qualified and at the least cost. Moved (Glover), seconded (Wilson) and unanimously recommended for approval.

8. Issue RFQ to Acquire Telemetry Computer and Data Loggers: Dr. Mathur informed the Committee that this is the last of the year 2000 (Y2K) transition efforts. Staff is requesting the issuance of an RFQ to obtain a computer and data loggers to adequately support the Telemetry System, which collects air quality data throughout the Basin. Joint funding is available from a PAMS U.S. EPA grant, from a 105 U.S. EPA grant, and from the AQMD FY 98-99 Budget. Dr. Mathur advised that the draft Board letter contained a mathematical error: the total cost is not to exceed $263,500, instead of $228,500. Item was moved, with the correction to the total cost, (LaPisto-Kirtley), seconded (Glover) and unanimously recommended for approval.
   
   Referring to Y2K, Mr. Pearce mentioned that the AQMD received a letter from the company that installed the gasoline pumps advising that the AQMD must install new computer chips in the pumps to correct for Y2K, otherwise the pumps will not operate. A committee has been formed to examine all AQMD systems, including building operations, that may be affected by Y2K. Committee Chair Glover suggested that staff access the Internet periodically to identify what unforeseen problems the District may run into resulting from the Y2K transition.

9. Issue RFQ to Purchase Compressed Pure Gases and Cryogenic Liquids: Since this item and the following item are similar, Rudy Eden, Sr. Manager of Laboratory Services in Monitoring and Analysis, addressed both concurrently. Staff is requesting the issuance of an RFQ to purchase compressed pure gases and cryogenic liquids for laboratory and air monitoring use for FY 1999-2000. The next item, #10, is a Request for Qualifications to establish a list of prequalified vendors from whom competitive bids may be solicited for the purchase of blended mixed gases for laboratory use. Since gas usage has leveled out as a result of the full build-out of the PAMS program and Environmental Justice network, staff is requesting this level of purchase be valid for the next two years. Moved (Wilson), seconded (LaPisto-Kirtley) and unanimously recommended for approval.

10. Issue Request for Qualifications to Prequalify Providers of Blended Mixed Gases for Laboratory Use: Item was moved, seconded and unanimously recommended for approval together with the preceding item.

11. Three-Year Budget Forecast: Mr. Pearce referred Committee members to the handout which summarized the three-year budget forecast with respect to expenditures, revenues, reserves, and designations. The most significant changes in the forecast reflect the loss of funding, effective July 1999, for the AQMD’s Clean Fuels Program and the increase in staffing to meet the new federal requirements for PM_2.5 monitoring. Dr. Wallerstein explained that the forecast assumes that the TAO program will not be reauthorized.
    
    As a means of closing out its Clean Fuels Program over the next three years, the forecast proposes to use monies available in its Clean Fuels reserve to complete the final phases of several ongoing projects. The proposed increase of eight new positions beginning in FY 1999-00 to implement new federal PM_2.5 monitoring requirements will be funded through an EPA grant. Assistant Director of Technology Advancement Dr. Chung Liu explained the EPA commitment was made for three years beyond this fiscal year. Dr. Wallerstein added the program is dependent upon the EPA funds and AQMD would not continue it without the funds. Committee Chair Glover suggested that, if necessary, staff negotiate with EPA on this matter and
    
    advise her of any problems. With the twelve positions added mid-year for service station compliance, the total staffing level will be 761 positions for each of the next three years.
    
    The summary reflected that the forecasted expenditures will be higher than the projected revenues, and the Committee discussed different sources to increase funding. There is a limitation in the Federal Clean Air Act limiting the State of California to no more than 10% of the funds. Dr. Burke asked staff to confirm, based on this limitation, if AQMD has reached the maximum amount available. Mr. Pearce explained that the allocation of these funds is determined by EPA and an organization comprised of state and local air pollution officers (STAPPA/ALAPCO).
    
    Committee Chair Glover asked Mr. Pearce to report back to the Administrative Committee what the shortfall has been the last two years, what the mandates imposed by the federal government have cost the District, and what funds have actually been received to implement the mandates.

12. Review February 12, 1999 Governing Board Agenda: Dr. Wallerstein advised the Committee of the following changes to the Agenda:

Deletions:

• Item #1851, Execute Contracts for CEQA Documentation Support: Dr. Wallerstein explained that a number of issues arose at the Mobile Source Committee concerning the District’s criteria for selection of contractors. That Committee requested the item be delayed pending further review and requested the issue be placed on the agenda of the Special Meeting of the Governing Board for the mid-year budget review scheduled for February 5, 1999. Ms. Baird noted that a 30-day notice is required to amend the contract selection policy; however, it can be added to the February Governing Board Agenda as a discussion item. This topic has been a major issue at the Ethnic Community Advisory Group meetings, and Mr. Pearce suggested seeking their input as well. Committee Chair Glover expressed her concern regarding the procurement and contracting policy, stating it needs thoughtful review.

Additions to Consent Calendar:

• Reclassify Two Air Quality Inspector Positions to Air Quality Specialist, Eudora Tharp, Acting Director of Administrative and Human Resources Services, explained
  
  that these two employees have been working for some time in rule writing functions. The consultant who conducted the reclassification study recommended that the positions are more appropriately classified as Air Quality Specialists.
  
• Set Public Hearing March 12, 1999 to Amend Rule 1142 - Marine Tank Vessel Operations: Carol Coy, Assistant Deputy Executive Officer of Stationary Source Compliance, reported there are two public meetings on the Rule scheduled within the next two weeks because of substantial changes to the language. Ms. Coy assured Chair Glover that she would be informed of the dates of the public meetings.

11. Other Business: None

12. Public Comment: None

Committee Chair Glover adjourned the meeting at 10:50 a.m.

Report on Board Member Travel Authorized by the

Chairman (December 18, 1998-January 22, 1999):

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