BOARD MEETING DATE: October 7, 2005
AGENDA NO. 21

Administrative Committee

SYNOPSIS:

The Administrative Committee met Friday, September 9, 2005, and reviewed the proposed agenda for the October 7, 2005, Board meeting. The Committee also discussed various issues detailed in the Committee report. The next Administrative Committee meeting is Friday, October 14, 2005 at 9 a.m. in Conference Room CC-8.

RECOMMENDED ACTION:

Receive and file.

Dr. William A. Burke, Chair
Administrative Committee

Attendance: Present at AQMD were Committee Chair William A. Burke, Vice Chair Roy Wilson and Members Jane Carney and Beatrice LaPisto-Kirtley. Member Ronald Loveridge was absent.

ACTION/DISCUSSION ITEMS:

1. Board Members’ Concerns: None.
    
2. Chairman’s Report of Approved Travel: Barry Wallerstein, Executive Officer, stated that Cynthia Verdugo-Peralta attended the North American Institute's conference in Santa Fe, NM on August 26-27 with the organizer paying the air fare and hotel costs; Supervisor Jim Silva and Nina Hull (Board Consultant) attended the California Stationary Fuel Cell Collaborative meeting in Sacramento, CA on August 30-31; Ms. Verdugo-Peralta is scheduled to attend the California Fuel Cell Partnership Planning meeting in Sacramento, CA on September 28 and October 17-19; and Mayor Loveridge will attend the UCLA Symposium in Lake Arrowhead, CA on October 16-18.
    
3. Approval of Compensation for Board Member Assistant(s): None.
    
4. Report of Approved Out-of-Country Travel: None.
    
5. Discussion Regarding Separating Local Government & Small Business Advisory Group: Anupom Ganguli, Public Advisor, stated at the July 15, 2005 Administrative Committee meeting that Board member LaPisto-Kirtley had suggested investigating whether the Local Government & Small Business Assistance Advisory Group (LG&SBA) should be separated into two advisory groups. Dr. Ganguli explained that LG&SBA was formed in 1997 to replace a group called the Interagency AQMP Implementation Committee. The LG&SBA is composed of business, public and environmental representatives and three Board members; Ms. Carney being the chairman. In 2001 the Blue Ribbon Task Force Committee decided to keep the group combined to allow different interests to hear and exchange multiple points of view.
    
   Dr. Ganguli stated that if the two groups were separated, more business members, chambers, trade groups, and Councils of Governments could attend meetings more frequently, but this may increase the workload of staff and Board members unless the meetings are held bi-monthly. Also, the issues discussed would be more common and pertinent to the group composition and the meetings may be run more efficiently.
    
   Ms. Carney stated that since more members of local governments or city organizations would have a stronger interest in air pollution issues, staff could possibly accommodate this request and formalize a structure to do this. This would also allow AQMD to hear concerns and issues of various cities and regions within the Basin and respond to them in reviewing what AQMD is doing and not just review AQMD proposals and rules. Ms. Carney suggested staff investigate whether there is interest in initiating this approach.
    
   Dr. Burke suggested holding regular quarterly or semi-annual meetings with representatives of cities who have interest in AQMD matters and who may express concerns we have not yet heard about. Ms. LaPisto-Kirtley suggested giving them a voice to recommend individuals to represent their COGs to attend bi-monthly meetings and provide their input as there would be too many attendees otherwise. Dr. Wallerstein suggested approaching the League of California Cities where possibly two hours might be allowed to discuss air quality issues during their annual meeting. Ms. LaPisto-Kirtley recommended each Board member appoint an individual to this new Local Government Committee. She also suggested holding an annual meeting in each county if the need arises.
    
   Supervisor Wilson asked if input has been received from the existing LG&SBA Committee members. Ms. Carney answered it has been mentioned that the issue is being considered and it can be agendized at their next meeting. She added that there are issues of concern to local governments that are not being addressed as well as possible, in a structured way. Dr. Ganguli asked if this item will be brought to the Board for their direction at some point, and Dr. Burke answered affirmatively but after meeting with LG&SBA Advisory Group members. Dr. Wallerstein added that this item will be brought back to the next Administrative Committee meeting with further analysis and input from the LG&SBA.

OCTOBER AGENDA ITEMS:

6. Establish Lists of Prequalified Counsel to (1) Represent and Advise AQMD on Legal Matters Related to Environmental Law, and (2) Represent and Advise AQMD Hearing Board: Kurt Wiese, District Counsel, stated this item is to establish lists of prequalified counsel for District Counsel and Hearing Board utilization; an RFP was issued to solicit responses. For District Counsel's issues, a panel comprised of three AQMD attorneys—himself, Barbara Baird, and Frances Keeler, along with Brian Bunger (Bay Area AQMD)—reviewed the proposals; the Hearing Board had their own panel. Staff is recommending the following firms for approval: Shute, Mihaly & Weinberger; Best, Best & Krieger; and Woodruff, Spradlin & Smart for District Counsel issues and Strumwasser & Woocher for Hearing Board issues.
    
   Dr. Burke raised concerns regarding AQMD's Request for Proposals policy since large firms do not typically submit proposals to perform this type of work and there is a need to protect the public interest. Dr. Wallerstein stated that these types of proposals are used for daily workload, but when there are significant issues that arise, such as has occurred related to the BP settlement, railroad MOU or Supreme Court issues, staff approaches the Board to make a selection for unique situations. Mr. Wiese stated that large firms also are usually representing the opposition and, therefore, conflicts arise with working for AQMD.
    
   Committee members Wilson and Carney abstained from this item. The other two committee members communicated their concurrence and recommended that this item be forwarded for Board consideration.
    
7. Revise Procurement Policy and Procedure: Rick Pearce, Chief Financial Officer, explained that Supervisor Antonovich requested staff to provide an additional incentive to AQMD's Procurement Policy and Procedure to provide two points to vendors who deliver goods to AQMD during off-peak traffic hours (10 a.m. to 3 p.m.) and additional language has been included to monitor deliveries to ensure vendors comply with the new requirements. Moved by Carney, seconded by LaPisto-Kirtley; unanimously approved.
    
8. Report of RFPs and RFQs Scheduled for Release in October: Mr. Pearce stated that one RFP – Independent Audit Services (for financial audit services for FYs 2006, 2007, and 2008) – and two RFQs – (1) Prequalify Vendors for Computer, Network, Printer, Hardware and Software, Desktop Computer Hardware Upgrades and (2) Prequalify Vendors for Compressed Pure Gases, Blended Gases, and Cryogenic Liquids – be approved for release. Moved by LaPisto-Kirtley, seconded by Carney; unanimously approved.
    
9. Recommendation to Approve Environmental Justice Advisory Group Member: Dr. Ganguli stated that staff is recommending Rachel Lopez, Healthy Communities Director for the Center for Community Action and Environmental Justice, be approved as a new member. Moved by Carney, seconded by LaPisto-Kirtley; unanimously approved.
    
10. Ethnic Community Advisory Group Minutes for June 8, 2005: Attached for information are the Ethnic Community Advisory Group minutes for the June 8, 2005 meeting.
     
11. Local Government & Small Business Advisory Group Minutes for May 13 and June 10, 2005: Attached for information are the Local Government & Small Business Advisory Group minutes for the May 13 and June 10, 2005 meetings.
     
12. Review October 7, 2005, Governing Board Agenda: Dr. Wallerstein stated that there are two significant rulemakings scheduled for October – (1) Proposed Rule 1401.1 to set specific criteria for siting of specific new facilities near schools; and (2) Proposed Rule 3503, an initial railroad regulation which requires risk assessment and risk notification for rail yards. Also, Proposed Rule 410 will be delayed an additional month.
     
13. Other Business: None.
     
14. Public Comment: Bill LaMarr, California Small Business Alliance, stated he has serious concerns regarding separating the LG&SBA Advisory Group, but will provide his input at the upcoming meeting.

Meeting adjourned at 12:01 p.m.
 

Attachments (EXE 96kb)

Ethnic Community Advisory Group Minutes for June 8, 2005
Local Government & Small Business Advisory Group Minutes for May 13 and June 10, 2005

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