BOARD MEETING DATE: November 2, 2007
AGENDA NO. 26

REPORT:

Administrative Committee

SYNOPSIS:

The Administrative Committee met on Friday, October 12, 2007, and reviewed the proposed agenda for the November 2, 2007, Board meeting. The Committee also discussed various issues detailed in the Committee report. The next Administrative Committee meeting is scheduled on Friday, November 9, 2007, at 9:00 a.m. in Conference Room CC-8.

RECOMMENDED ACTION:

Receive and file.

Dr. Roy Wilson, Vice Chair
Administrative Committee

Attendance: Present at AQMD were Jane Carney, Dr. Joseph Lyou, and Dennis Yates. Vice Chair Roy Wilson attended by videoconference, and Dr. Burke was not present.

ACTION/DISCUSSION ITEMS:

1. Board Member' Concerns: None.

Mayor Yates requested that Dr. Lyou be appointed to this Committee, for this meeting only, and Supervisor Wilson made the appointment.

2. Chairman’s Report of Approved Travel: Vice Chair Wilson reported that Mayor Pulido will be attending the City of Seattle’s Climate Protection Workshop for Mayors in Seattle, WA on November 1-2, 2007.
    
3. Report of Approved Out-of-Country Travel: None.

NOVEMBER AGENDA ITEMS:

4. Establish Board Meeting Schedule for Calendar Year 2008: Vice Chair Wilson requested if any Committee Members had concerns regarding the 2008 Board schedule, and Dr. Lyou asked if any of the dates coincide with religious holidays. Dr. Wallerstein answered none that we are aware of. Moved by Yates; seconded by Carney; and unanimously approved.
    
5. Consider Amending AQMD Conflict of Interest Code to Add Board Assistants: Kurt Wiese, District Counsel, explained that at the last Board meeting, the Board directed staff to research whether it would be advisable to require Board Assistants to file financial disclosure statements (FPPC Form 700) as do Board Consultants. Mr. Wiese stated that anyone involved in making a governmental decision or participating in decisions is required to submit a Form 700, and that Board Assistant could conceivably participate in making decisions even though their duties were primarily clerical. For this reason, the recommendation was to require Board Assistant to submit 700 Forms, which would necessitate amending AQMD's Conflict of Interest Code. If this amendment is approved, staff would initiate the process through FPPC. Ms. Carney asked how many Board Assistants are currently reporting to Board Members, and Tania Christman responded that there is one currently reporting to Councilwoman Perry, and Dr. Lyou had recommended another for appointment. Dr. Lyou stated that it would be in his best interest for his Board Assistant to evolve into a Board Consultant, and it would be appropriate for her to submit a Form 700. Moved by Yates; seconded by Carney; and unanimously approved.
    
6. Establish List of Prequalified Legal Counsel to Represent AQMD in General Liability Matters: Mr. Wiese stated that staff hires outside attorneys for general liability matters, especially as it relates to auto accidents. He continued that AQMD has not paid out any money for counsel in the last 2 years because cases have been handled in-house by the Risk Manager and District Counsel. Staff is recommending the four law firms be approved. Ms. Carney asked what goes into the technical determinations when hiring law firms, and Mr. Wiese answered primarily prior experience in general liability matters and representing public agencies with a writing sample submitted for careful review. Ms. Carney expressed concern regarding selecting firms with low technical scores; Dr. Wallerstein responded that Mr. Wiese could select any of the firms on the list. Moved by Carney; seconded by Lyou; and unanimously approved.
    
7. Amend Contracts for Legislative Representation in Sacramento: Oscar Abarca, DEO/Public Affairs, stated AQMD's success in Sacramento has stemmed in great part to the excellent support provided by our two consultants (Senator Polanco, Tres Es, Inc;. and William Gonzalez for Gonzalez Public Affairs.) The Legislative Committee met this morning, and unanimously approved staff's recommendation to extend the contracts through FY 2007-08, with Tres Es, Inc.'s total amount to be $164,200 and Gonzalez Public Affairs to receive $110,000 for a one-year period each. Moved by Carney; seconded by Yates; and unanimously approved.
    
8. Authorize Purchase of Ingres Relational Database Management System Software Support: Chris Marlia, Asst. DEO/Information Management, stated staff is requesting approval for this item which is used for the implementation of the Central Information Repository database used by most software applications at AQMD. Moved by Carney; seconded by Yates, and unanimously approved.
    
9. Adopt Resolutions Authorizing and Reconfirming Pretax Payroll Deduction for AQMD Employees: Mr. Pearce, Chief Financial Officer, stated that in 2006 the IRS issued a revenue ruling regarding tax pickup for public employees and pension plans. The San Bernardino County Retirement Association (SBCERA) has requested staff reaffirm the Board’s action in 1998-1999 to approve pretaxing employee pickups and to pass a second resolution covering any new items that could be picked up at a pretax basis. Mr. Pearce stated that there is no cost for this item, but it will reaffirm actions taken by our Board in 1998-99 and provide the same thing as in the 37 Act which provides State-approved ability for public employees to pick up five years of extra time with the second resolution putting that on a pretax basis. Both of these resolutions will enable SBCERA and AQMD to be in compliance with IRS rulings. Ms. Carney asked what amount AQMD pays on an annual basis for tax pickup, and Mr. Pearce answered that AQMD does not pay anything on the voluntary mechanism as it is borne by the employee. Mr. Pearce also mentioned that public sectors are exempt from the pension rules that require private employers to take on a post-tax basis, but once the pension is paid out to the employee, the money is then taxed when they take distribution. Moved by Lyou; seconded by Yates, and unanimously approved.
    
10. Report of RFPs and RFQs Scheduled for Release in November: Mr. Pearce stated that the following RFPs – Lease Offset Printing Equipment with Computer-to-Plate System and Procure an Energy Dispersive X-Ray Fluorescence Spectrometer – are being requested for approval. Moved by Carney; seconded by Yates; and unanimously approved.
     
11. Ethnic Advisory Group Minutes from June 13, 2007 meeting: Attached for information are the Ethnic Advisory Group minutes for the June 13, 2007, meeting.
     
12. Local Government & Small Business Advisory Minutes of June 15, 2007 meeting: Attached for information are the Ethnic Advisory Group minutes for the June 15, 2007, meeting.
     
13. Review November 2, 2007 Governing Board Agenda: Dr. Wallerstein stated that no public hearings are scheduled, but an additional item regarding retrofit of school buses with particulate filters will be added due to CARB providing additional funding to AQMD. Relative to AB 32 (climate change), the state’s large imitative to address the global environmental problem, there are a number of significant activities occurring including mandatory reporting requirements, developing a scoping plan, and other aspects to implement AB 32. When CARB reviews the mandatory reporting requirements in December 2007, AQMD has been discussing methods with other districts to coordinate and integrate data so that only one entry is necessary to be made to follow through the system. Staff will prepare a report to be presented to the Board at the November 2 Board meeting.
     
14. Other Business: None.

ACTION/DISCUSSION ITEMS:

15. Approval of Compensation for Board Member Assistant(s) and/or Board Consultant(s): Vice Chair Wilson asked the Committee how they would like to proceed with this item, and Mr. Wiese recommended that this item be considered during Closed Session.
     
16. Public Comment: None.

CLOSED SESSION
The Committee recessed to closed session pursuant to Government Code section 54956 to consider personnel appointments of two Board Consultants and one Board Assistant. At the conclusion of Closed Session, Mr. Wiese stated that a report of the Committee’s actions, as appropriate, will be filed with the Clerk of the Board made available upon request. A suggested motion would be to approve the contracts with the salaries described in the Board letter for Nicole Nishimura and Celina Vasquez. Moved by Carney, seconded by Lyou; and unanimously approved.

Meeting adjourned at 9:50 a.m.

Attachments (EXE 87kb)
– Ethnic Community Advisory Group Minutes for June 13, 2007
– Local Government & Small Business Assistance Advisory group Minutes for June 15, 2007