BOARD MEETING DATE: February 7, 2003
AGENDA NO. 18
Administrative Committee
SYNOPSIS:
The Administrative Committee met Friday, January 17, 2003, and reviewed the proposed agenda for the February 7, 2003 Board meeting. The Committee also discussed various issues detailed in the Committee report. The next Administrative Committee meeting is Friday, February 14, 2003, at 9:00 a.m. in Conference Room CC-8.
RECOMMENDED ACTION:
Receive and file.
Hal Bernson, Chair
Administrative Committee
Attendance: Present were Chair Hal Bernson, William Burke, and Roy Wilson (via videoteleconference) and Member Ronald Loveridge. Absent was Member LaPisto-Kirtley.
ACTION/DISCUSSION ITEMS:
- Board Members’ Concerns: Mayor Loveridge and Councilman Hal Bernson requested staff prepare a formal response regarding a recent newspaper article regarding the AQMP related to ARB's revised mobile source emissions inventory, which will be discussed at the Board Retreat. Dr. Wallerstein concurred.
Dr. Burke and Supervisor Wilson arrived at the meeting at 9:13 a.m.
- Chairman’s Report of Approved Travel: Barry Wallerstein, Executive Officer, stated that travel requests were approved for James Silva to attend the California Stationary Fuel Cell Goals Committee meeting in Sacramento, CA on January 29, which has since been cancelled; and Leonard Paulitz to attend the California Fuel Cell Partnership Steering Team meeting to be held in Palm Springs, CA on February 4-5.
- Approval of Compensation for Board Member Assistant(s): Dr. Wallerstein stated that approval is being requested for Board Assistant Stephanie Walters, who will be assisting Dr. Burke. The item was moved by Loveridge, seconded by Burke and unanimously approved by the Committee.
- Report of Approved Out-of-Country Travel: None.
FEBRUARY AGENDA ITEMS:
- Authorize Purchase and Installation of an Integrated Video Badging and Facility Access Control System: Sylvia
Oroz, Business Services Manager, explained that the current system,
installed approximately seven years ago, has become unreliable and the
manufacturer no longer supports their proprietary system. RFPs have been
reviewed and a recommendation has been made for a five-year period (to
include operating the new equipment, the purchase price, installation,
maintenance, and staff training) with Lenel OnGuard security system from
Security Solutions, which is a certified, small business from Los Alamitos.
The system's open architecture allows integration with off-the-shelf systems
and AQMD's existing system. The cost of $59,378 is within the approved
budget for the current fiscal year. Mayor Loveridge asked what does open
architecture design mean, and Chris Marlia, Asst. DEO/Information
Management, explained that the system design is compatible with our existing
system and able to control the system over the network. The item was moved
by Wilson, seconded by Burke and unanimously approved by the Committee.
- Authorize Increase in Annual Expenditures for Outside Environmental Counsel and Transfer from Designation for Litigation/Enforcement to District Prosecutor's FY 2002-03 Budget: Peter
Mieras, District Prosecutor, stated staff is requesting a transfer of
$150,000 be made to the District Prosecutor's budget and authorize the
expenditures for services of the law firm of Woodruff, Spradlin, and Smart
to provide services for a particularly large enforcement case under
investigation, involving a significant industrial source which is being
examined in relationship to, potentially, hundreds of violations. Along with
the outside law firm, in-house attorneys will also be assisting with this
case. Mayor Loveridge asked why this particular law firm was selected, and
Mr. Mieras answered that the law firm was on the prequalified list subject
to an earlier RFP. The law firm has expertise in environmental law and one
of the partners of the firm is very familiar with the type of operation
associated with this particular violation. Dr. Burke asked if AQMD was
mandated to use the prequalified list for this extraordinary type of
circumstance, and why a much larger firm, such as Latham & Watkins or
Gibson Dunn, was not used. Ms. Baird stated that most of the large law firms
represent violators, but Woodruff, Spradlin, and Smart currently represents
several public agencies and has significant relevant experience. Councilman
Bernson asked if staff feels the firm is qualified to represent us, and Mr.
Mieras stated they are very capable. Councilman Bernson requested a list of
categories of law firms be established to assist with various cases. The
item was moved by Loveridge, seconded by Wilson and unanimously approved by
the Committee.
- Report of RFPs and RFQs Scheduled for Release in February: Staff requested the following RFPs be approved--Prequalify Temporary Employment Services Providers and Independent Audit Services. The item was moved by Burke, seconded by Wilson and unanimously approved by the Committee.
- Ethnic Community Advisory Group Minutes for November 13 and December 11, 2002 and Recommended Appointments/Reappointments for Membership: Attached
for information are the Ethnic Community Advisory Group minutes for the
November 13 and December 11, 2002 meetings. Pom Pom Ganguli, Public Advisor,
stated that Jason Do was being reappointed for another term, which requires
a motion. Mayor Loveridge asked if Mr. Do has been active in the committee,
and Dr. Ganguli answered affirmatively. He also requested an attendance
roster when reappointing members to these groups. Dr. Burke suggested
setting a policy for appointments/reappointments on a pre-set frequency.
Councilman Bernson commented that one of the reasons it is important to
stagger the terms is to ensure that you have experience on the group. Dr.
Burke suggested making the appointment/reappointment process on a quarterly
basis and asked staff to bring back recommendations regarding Advisory Group
appointments/reappointments to Administrative Committee for consideration.
The item was moved by Burke, seconded by Wilson and unanimously approved by
the Committee.
- Review February 7, 2003, Governing Board Agenda: Dr. Wallerstein stated that February's agenda is relatively brief, but there are four items of particular interest to the Board, which are:
a)
Approve Workplan to Implement Initiatives Proposed by Chairman
William A. Burke
b)
Report on Executive Officer's Intent to Execute MOU between AQMD and Ultramar Refinery to Replace Use of Concentrated Hydrogen Fluoride with Modified Hydrogen Fluoride
c)
Amend Rule 1401 - New Source Review of Toxic Air Contaminants, and Report on Impacts Relative to Sources Subject to Rule 1402 - Control of Toxic Air Contaminants from Existing Sources
d)
Receive Public Input on Executive Officer's Proposed Program Goals/Objectives for FY 2003-04
- Other Business: Dr. Wallerstein stated that Dr. Burke requested
staff to draft proposed legislative language to grant AQMD broader authority
over motor vehicles, both on- and off-road mobile sources, as well as
consumer products, in response to issues highlighted in a recent newspaper
article; ARB had released its mobile source plan showing a major shortfall
in achieving emission reduction commitments from state and federal sources.
Dr. Burke requested this issue be raised at the Legislative Committee this
morning since it arose after the agenda was posted, but the Committee did
not decide to agendize this item as an urgency item. Supervisors Aguiar and
Antonovich wanted additional information prior to discussing the matter.
Mayor Loveridge also brought up the article as did Supervisor Wilson to be
discussed at the Board Retreat. Dr. Wallerstein noted that there was a
deadline to submit legislation by next week. Councilman Bernson stated this
agency needs to be aggressive on this issue because this serious situation
is not the fault of the region or AQMD or any local agencies, but falls on
the Governor and ARB and federal government having not fulfilled controls
over mobile sources. He suggested to Dr. Burke to write a letter to reply to
the press that the issues are not caused by the actions of AQMD's Board, but
rather by the hesitation in Sacramento and non-action of Washington, D.C.
which have the ability to deal with these things. Supervisor Wilson asked if
the Administrative Committee may agendize this item to put a placeholder
relative to legislation by next week's deadline. Ms. Baird stated a motion
is necessary to add it to the agenda and requires four of the Board members
to approve it at this Committee as an urgency item. Dr. Burke requested a
motion to have our legislative advocates seek a placeholder so as not to
miss the submittal date. Councilman Bernson requested Dr. Burke write the
letter emphasizing the fault lies due to the relaxation of the federal
government regarding strategic pollution reduction tools; he reiterated that
it is necessary to provide the public with information regarding this issue.
Dr. Burke requested Dr. Wallerstein draft a letter that is non-technical in
nature. Supervisor Wilson moved to direct staff to secure a placeholder for
potential state legislation and agendize same for the Board Retreat. The
motion passed without objection by a 2/3 vote of the full Committee. Dr.
Burke seconded the motion with Mayor Loveridge and Supervisor Wilson also in
agreement.
Dr. Burke also requested a presentation from our staff and consultants be made at the Board Retreat on how we should approach and deal with this challenging new perspective.
Dr. Wallerstein stated that Councilman Bernson's Board Consultant, Sandy Winger, noted that Councilman Bernson would desire to change the time of the Administrative Committee. Councilman Bernson stated he has a conflict on the 2nd Friday of each month with the Southern California Regional Rail Authority meeting. Dr. Wallerstein stated staff will work with his office regarding the details.
- Public Comment: John Billheimer, Enviro-Reality, commented regarding small business supporting AQMD's interest in consumer products. He continued that there are many inconsistencies between ARB and AQMD involving oxidants, VOC, LVG, and consumer products. If AQMD expands their efforts toward consumer products, he hoped that the definitions could be reviewed to help small businesses. The conflicts of definitions need to be worked out.
Meeting adjourned at 9:37 a.m.
Ethnic Community Advisory Group Minutes for November 13 and December 11, 2002
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