BOARD MEETING DATE: September 5, 2003
AGENDA NO. 20

Administrative Committee

SYNOPSIS:

The Administrative Committee met Friday, August 8, 2003, and reviewed the proposed agenda for the September 5, 2003, Board meeting. The Committee also discussed various issues detailed in the Committee report. The next Administrative Committee meeting is Friday, September 12, 2003, at 9:00 a.m. in Conference Room CC-8.

RECOMMENDED ACTION:

Receive and file.

Hal Bernson, Chair
Administrative Committee

Attendance: Present were Committee Chair Hal Bernson, Board Vice Chair Roy Wilson, and Member Beatrice LaPisto-Kirtley (via videoteleconference). Absent were Board Chair William Burke and Member Ronald Loveridge.

ACTION/DISCUSSION ITEMS:

1. Board Members’ Concerns: None.
    
2. Chairman’s Report of Approved Travel: None.
    
3. Approval of Compensation for Board Member Assistant(s): None.
    
4. Report of Approved Out-of-Country Travel: Dr. Wallerstein reported that Ms. Verdugo-Peralta will attend the Eighth Grove Fuel Cell Symposium in London, England on September 22-28; and Joe Cassmassi, Senior Meteorologist, has been invited to attend the First Air Quality Forecasting Workshop to be held in Santiago, Chile on October 13-16 with expenses being paid by the Chilean government and AQMD compensating Mr. Cassmassi for his time.

SEPTEMBER AGENDA ITEMS:

5. Approve Proposed 2003-04 Environmental Justice Workplan: Oscar Abarca, Assistant DEO/Public Affairs, reported that the Governing Board had directed staff to obtain public input on this workplan. Staff has already met with various stakeholders and will continue to seek additional comments at workshops to be held throughout August. Staff will be recommending approval of the workplan. Relative to the draft Model Air Quality Element, Ms. LaPisto-Kirtley requested that staff clearly communicate that the intent of this draft document is a voluntary guidance to local governments and to an AQMD mandate. She also asked whether the cumulative impact strategies are suggesting a different level of toxicity levels for businesses that are located next to sensitive areas, such as schools or hospitals. Dr. Wallerstein answered that the cumulative impacts study will be presented at the September 5 Governing Board meeting, and includes multiple elements in its action plan. One element is related to Rule 1401, New Source Review for Air Toxics, and proposes more stringent thresholds for new facilities located near or adjacent to existing schools. Dr. Wallerstein continued that if the Board approved the overall plan at the September 5 meeting, the rulemaking process would be continued over a 9-12 month period to work out the details of the rule amendments through public workshops and returned to the full Board for consideration.
   
   Ms. LaPisto-Kirtley stated that AQMD has different levels of allowing toxicity for businesses in certain areas and asked what would occur in the event a business were built next to a daycare center. She asked if the businesses would be required to have more stringent pollution controls. Dr. Wallerstein answered that staff is proposing to make a distinction between existing and new businesses and to work with businesses and school district boards to give consideration to each other in locating sites. Mr. Bernson recommended that AQMD get the cities involved where there is a toxic or emission problem. He continued that AQMD should encourage the state to provide a program to further explore this issue and state legislation may be considered. Ms. LaPisto-Kirtley concurred with Mr. Bernson and added that available moneys should be used for businesses to further alleviate pollution. She stated that AQMD should work with local cities to ensure businesses do not locate near daycare centers. Approved by consent with suggestions made.
    
6. Amend Contract for Outside Environmental Counsel for Litigation Support: Peter Mieras, District Prosecutor, explained that staff is requesting an appropriation of $250,000 for ongoing work related to this issue. Moved for approval by Wilson, seconded by Bernson.
    
7. Final Resolution of Unresolved AB 2766 Program Audit Findings and Recommendations: Rick Pearce, Chief Financial Officer, stated that last month the results of the AB 2766 audit were brought to the Committee members which showed 28 out of 90 findings were still to be resolved. Currently there are eight findings remaining to be resolved prior to the hearing on September 5. Ms. LaPisto-Kirtley asked if South El Monte has responded. Mr. Pearce answered that South El Monte has been very cooperative in reviewing their fixed assets after she contacted them. Approved by consent.
    
8. Executive Officer Proposal for Designated Deputy Position/Senior Policy Analyst: Dr. Wallerstein stated this item was approved at the July 9 Personnel Committee where he is seeking approval to fill a vacant designated Deputy position to be filled by Peter Greenwald to assist as Senior Policy Advisor reporting to the Executive Officer. Mr. Greenwald has a wealth of experience in policy and air issues and will principally concentrate on issues related to the U.S. EPA, CARB, and budget and legislation issues. Approved by consent.
    
9. Local Government & Small Business Assistance Advisory Group Minutes for May 16 and June 20, 2003, and Recommended Appointments/Reappointments for Membership: Attached for information are the Local Government & Small Business Assistance Advisory Group Minutes for the May 16 and June 20, 2003, meetings.
    
10. Review September 5, 2003, Governing Board Agenda: Approved by consent.
     
11. Other Business: Ms. LaPisto-Kirtley requested that the Administrative and Legislative Committee meeting times revert to their original times (Legislative at 8 a.m. and Administrative at 9 a.m.).
    
    Mr. Bernson had concerns regarding conformity with the AQMP. There may be a need for the AQMD to have additional authority relating to mobile sources and there is a need for overcoming resistance from federal government and Congress relating to mobile sources and fuels. With the population expansion of 5 million people in the next 10-20 years, Mr. Bernson is concerned about losing highway trust funds and is urging the AQMD Board to work with the petroleum industry to mitigate mobile sources emissions in the next few years in the 4-county region area, as well as Ventura County. He praised staff's good work with stationary sources.
     
12. Public Comment: John Billheimer, Enviro-Reality, commented that he has provided a preliminary listing which shows how VOCs, NOx, and PM₁₀ inventory may be decreased in magnitude as related to the AQMP. He added that cost effectiveness should be analyzed as it relates to control measures
    
    Ms. LaPisto-Kirtley asked when AQMD staff was meeting with cities regarding proposed localized significance thresholds. She stated there was an August 18 Gateway Cities meeting scheduled to further discuss this issue. Dr. Wallerstein answered that cities are currently being visited.

Meeting adjourned at 8:25 a.m.

Attachments

Local Government & Small Business Assistance Advisory Group Minutes for May 16 and June 20, 2003

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