BOARD MEETING DATE: July 11, 2008
AGENDA NO. 32

RECOMMENDED ACTIONS:

Receive and file.
 

Dr. William A. Burke, Chair
Administrative Committee

Attendance: Chairman Dr. William Burke and Vice Chairman Roy Wilson attended via videoconference. Present at AQMD were Committee Members Jane Carney, Ronald Loveridge, and Dennis Yates.
 

ACTION/DISCUSSION ITEMS:

1. Board Members’ Concerns: Mayor Loveridge mentioned that an article was published in the Press Enterprise newspaper regarding a BNSF rail yard next to a trailer park in San Bernardino which states it has the worst air pollution ranking of 15 railyard in California. Dr. Wallerstein stated that this article refers to the cancer risk assessment that CARB has been conducting for rail yards, based on 2005 data. Ms. Carney suggested that CARB join AQMD in a town hall meeting in San Bernardino to encourage the rail yards to take voluntary take steps to reduce the high cancer risk since a revised survey shows residents live close to the rail yard. Mayor Loveridge noted that the cancer risk is dramatically higher than any other location studied. Dr. Burke requested a letter be sent to CARB requesting a joint town hall meeting be held. Mayor Loveridge requested a copy of the article be distributed to the Board Members.

2. Chairman’s Report of Approved Travel: Maureen Kane, CARB Board Consultant to Mayor Loveridge, attended the International Council for Local Environmental Initiatives (ICLEI) Local Action Summit related to climate change in Albuquerque, NM on May 13-17, 2008; Vice Chair Wilson will attend the California Fuel Cell Partnership Steering Team meeting in Lake Arrowhead on June 24-25, 2008; Councilmember Reyes Uranga, along with her Board Consultant Ray Pok, will attend the Faster Freight-Cleaner Air Conference in New York, NY on July 7-11, 2008; and Councilwoman Perry will speak at the Independent Cities Association Seminar in Rancho Bernardo, CA on July 11-13, 2008.

3. Approval of Compensation for Board Member Assistant(s)/Consultant(s): Dr. Burke asked staff to review the issue of paid sick time for Board Assistants/Consultants. Ms. Carney requested Ms. Tharp bring a recommendation to the Personnel Committee, which would then be brought back to this Committee for review.

4. Report of Approved Out-of-Country Travel: Dr. Wallerstein requested pre-approval for two technical staff members to travel to Nice, France, to attain first-hand knowledge regarding the technologies used for the air compressed engine manufactured by MDI, as referred to by Chairman Burke at the June 6 Board meeting.
Motion by Carney; seconded by Loveridge; and unanimously approved.

5. Report on Various AQMD Advisory Groups: Dr. Wallerstein stated that the Committee has had continued discussions regarding the status of AQMD’s advisory groups, which includes a list of the key advisory groups, respective mission, membership, which Board Committee each group reports to, frequency of meetings, and the chair of each group. Dr. Wallerstein stated that the following advisory groups will be reviewed at this time, but based on his knowledge, AQMD has formed more committees and advisory groups than any other public agency.

Advisory Council - Dr. Wallerstein stated he would recommend contemplating clean-up legislation be introduced next year to replace the Advisory Council since its function has been replaced with a variety of advisory groups.

Air Quality Management Plan – Dr. Wallerstein stated this group convenes at the time staff is ready to go forth with major revisions to the air quality plan and is also the main sounding board which receives public comments to be included in the plan.

Scientific, Technical & Modeling Peer Review – This group of technical experts also provides input to the AQMP when preparing attainment modeling and economic analysis to decide which computer model should be chosen.

Ethnic Community (ECAG) – This group has been discussed at previous meetings.

Home Rule – This group reviews what AQMD is doing locally vs. federal and state to ensure consistency and informs the Board if there are programs that may overlap or conflict.

Local Government & Small Business Assistance (LG&SBA) – This group has generated mixed responses but is acknowledged to function well at times.

Technology Advancement – This group functions well and gathers technical and broader input for their work plan.

Clean Fuels – Similar to Technology Advancement.

Children’s Air Quality – This group was created from Dr. Burke’s initiatives when AQMD was first working on school buses and projects with local museums, but has now become defunct.

Budget – Recommend retaining this group as it meets several times a year to receive outside input for the budget process.

Mayor Loveridge asked how an individual becomes a member of these groups and what the length of tenure is for each of them. Dr. Wallerstein answered that these groups require Board or Committee approval and their terms are for a specific amount of time.

Ms. Carney asked if the terms of the members on ECAG have expired, and Dr. Wallerstein answered affirmatively. Ms. Carney requested several of the committees be restructured, such as ECAG. She suggested ECAG should be changed to an Environmental Justice Committee where the members come from communities meeting criteria as environmental justice areas, with the advisory group to focus on air toxics and other issues that affect those areas, as it would be helpful to staff and the Board to receive input directly from these communities. Ms. Carney continued that this is an ideal time to restructure since new members are being sought.

Ms. Carney stated that HRAG and LG&SBA would have more impact on policy if they focused more directly on subjects for which they were formed. HRAG focuses on relations between federal and state and other agencies’ rules on similar subjects. If HRAG reviews what AQMD is working on, the impact is really diluted. Ms. Carney stated that while chairing LG&SBA, she had found it was often not really focused on small and local government issues, but on general issues of AQMD. She suggested it would be useful for the Chairs of HRAG and LG&SBA to consider how often they should meet in order to sharpen the focus of their activities.

Mayor Yates suggested the Committee chairs, who are AQMD Board Members, should make a verbal status report at each Board meeting regarding the concerns of each group related to the policy issues in their purview and to strengthen the work of those committees and to receive input from their members if revisions to the groups are to be made. Vice Chair Wilson stated that he is the Chair of HRAG, which is a very productive committee which meets monthly and reviews duplicative issues. The group brings together CARB & U. S. EPA representatives & business and community representatives to review the CARB Board agenda, to determine how it relates to AQMD. The interaction with the three agencies is very beneficial for communications and our communities.

Mayor Loveridge agreed that changing ECAG to an Environmental Justice Committee would be more advantageous. He requested staff return with proposals and options at the July 18 Administrative Committee meeting. Dr. Wallerstein stated that staff would return with proposals of a restructured ECAG, as well as HRAG and LG&SBA, and an explanation of membership and term limits of each group. Dr. Burke agreed with Ms. Carney regarding reconstituting the advisory group with an Environmental Justice focus because major community members are not represented with ECAG as it currently stands.

6. Report on Coordination and Collaboration on Research Projects related to New Clean Air Technologies: Dr. Wallerstein explained that staff has been requested by U.S. EPA to discuss air quality issues at a forum scheduled on July 9 at UC Merced. CARB was also invited to the meeting as well as the San Joaquin Valley APCD (SJVAPCD). U.S. EPA has requested that AQMD sign a non-binding Memorandum of Agreement (MOA) related to working jointly on advanced technologies with U.S. EPA, CARB and SJVAPCD. Dr. Wallerstein mentioned that an additional item has been added to the conference agenda regarding low-VOC cleaning products. AQMD’s goal is to work alongside the other agencies on technology advancement issues to attainment. Mayor Yates asked whether Board Members are being requested to attend, and Dr. Wallerstein answered that he and technical staff will attend to present technical issues, but Board Members and public are invited to attend.
Motion by Yates; seconded by Carney; and unanimously approved.

7. AQMD Governing Board Request to CARB for Enhanced Rulemaking on Consumer Products and Proposed Staff Testimony on Current CARB Staff Draft Regulation: Elaine Chang, DEO/Planning, Rule Development and Area Sources, stated that the intent of this item is to obtain the Committee’s approval on a comment letter and resolution addressed to CARB related to consumer product rulemaking being taken up at CARB’s June 26 Board meeting. If AQMD recommendations are approved by CARB, their staff will prepare rulemaking language for the November Board meeting to extend low-VOC cleaning products for institutional cleaning and for multi-purpose solvents and paint and lacquer thinners, which will decrease a total of 8 tons of emission reductions in consumer products critical to the AQMP.

Mayor Yates asked whether AQMD has authority to regulate these products when the federal government has jurisdiction over them, and Dr. Wallerstein answered that CARB has primary authority on these items and their staff needs to bring our proposal forward unless it is unfeasible or not cost effective. Mayor Yates asked if these products will be similar to architectural coatings products that if purchased from out of state via point of sale could be untraceable, and Dr. Wallerstein answered no more so than other source categories. Mayor Yates asked how many products would be affected, and staff answered about 12-15 categories with thousands of products. Ms. Carney stated that a SOON-type Program would not be as good as a state regulation, and Dr. Wallerstein agreed. Ms. Carney suggested that AQMD’s representative to CARB, Mayor Loveridge, present the resolution at the June 26 CARB Board meeting and sign the letter, but that Dr. Burke should sign the letter addressed to Chair Mary Nichols. Dr. Burke asked Mayor Loveridge if he has discussed this matter with anyone yet, and Mayor Loveridge responded negatively, but that a copy of the letter would be helpful for further discussions with Chair Mary Nichols. Mayor Loveridge said he and Dr. Burke could sign the letter, which all agreed to.
Motion by Carney; seconded by Loveridge; and unanimously approved.
 

JULY AGENDA ITEMS:

8. Special Meeting of the Brain & Lung Tumor and Air Pollution Foundation:
Moved by Carney; seconded by Wilson; and unanimously approved.

9. Establish Lists of Prequalified Counsel to Represent and Advise AQMD on Legal Matters Related to Environmental Law and Represent and Advise AQMD Hearing Board: Barbara Baird, Principal Deputy District Counsel, presented the item stating that every three years staff prepares and RFP for work and services related to environmental air quality and constitutional issues, then establishes a list of prequalified top ranking firms from the RFP process. The list allows staff to use any of these firms for legal services during the three years the list is in existence. The actual selection of the individual firm for each particular case depends on the nature of the case, the specific expertise needed, the experience of the individual firm, and costs associated with it. Staff is requesting the Committee to approve the list of the top five firms that resulted from the RFP; and also approve a list consisting of one firm to represent the AQMD Hearing Board in providing advice and representation, under a contract of $15,000 per year when the Hearing Board needs to take a position in litigation or refer legal questions to legal counsel for their review. Ms. Baird continued that the firms have experience representing AQMD, except for Miles Chen, which is a law firm with two public lawyers who specialize in environmental matters.
Moved by Carney; seconded by Loveridge; and unanimously approved.

10. Execute Sole Source Contract for AQMD Access to On-line Legal Research Libraries: Ms. Baird stated that this item is being continued to next month because the consultant has not yet provided its statement of campaign contributions, which is needed before the Board can act on it. Dr. Wallerstein requested a conditional approval from the Committee so that when the contractor supplies the statement to District Counsel, it can be brought to the Board.
Moved by Carney; seconded by Loveridge; and unanimously approved.

11. Execute Contracts to Conduct Natural Gas Hearth Product Buy-Down Pilot Program: Elaine Chang stated that a Program Announcement was released in March, with two proposals responding to support a buy-down incentive for gas fire log installations. Under the recommended bid, customers would receive a $125 discount ($100 in AQMD-provided funds and an additional $25 from authorized dealers). AQMD will conduct outreach through our website, with the program advertised in August and going into operation in September. This firm has done other similar programs in the Sacramento area and staff is recommending approval.
Moved by Yates; seconded by Carney; and unanimously approved.

Mayor Yates left the meeting at 9:55 a.m. to attend the Local Government & Small Business Assistance meeting.

12. Issue Purchase Orders for Purchase of Compressed Gases and Cryogenic Liquids: Rudy Eden, Laboratory Services & Source Test Engineering Manager, stated that staff is requesting approval for this item which is requested annually to supply the laboratory and air monitoring stations with gases and cryogenic liquids. Staff’s intention is to select the bidder who provides the best quality gas at the lowest quality price. Ms. Carney asked if staff has spent the full $105,000 annually for these items, and Mr. Eden answered that prices have gone up substantially and the number of programs AQMD has undertaken has increased also, but a number of the items are paid by federal funds (NATTS and PAMS programs). Ms. Carney asked whether there was enough money in PAMS from last year to cover any overages to absorb the increase, and Mr. Eden answered affirmatively.
Moved by Carney; seconded by Loveridge; and unanimously approved.

13. Recognize Revenue and Reallocate Funds for PAMS, Recognize Revenue and Appropriate Funds for PM2.5, Issue Purchase Orders and RFQ, and Amend Existing Contract: Since Dr. Burke needed to abstain from this item, Vice Chair Wilson brought this item forward out of order.
Moved by Carney; seconded by Wilson; and Dr. Burke abstained from this item.

14. Execute Contract for Air Pollutant Measurements Aloft (taken out of order): Dr. Chang stated staff is requesting approval to execute this contract with Technical and Business Systems, Inc. to assist staff to collect data throughout the year from upper air measurements to enhance modeling capabilities by using data obtained by aircraft and weather balloons. The contract is paid by Section 105 Grant money in an amount of $105,000 (below the initial budgeted amount).
Moved by Wilson; seconded by Loveridge; and unanimously approved.

15. Add and Delete Positions in Engineering and Compliance: Eudora Tharp, Asst. DEO/Administrative & Human Resources, stated that staff requests deletion of a Senior Air Quality Engineer position and addition of an Air Quality Analysis and Compliance Supervisor position to oversee administrative functions relating to permit streamlining and compliance enhancements, at a net annual salary and benefit cost under $14,000.
Moved by Loveridge; seconded by Carney; and unanimously approved.

16. Authorize Purchase of Off-site Storage and Destruction Services: Chris Marlia, Asst. DEO/Information Management, requested Board approval to continue an annual contract with Iron Mountain for $79,940, which is lower than last year’s amount by $10,000, for offsite storage. Several years ago AQMD had 9,000 cubic square feet in offsite storage, but with the Board’s adoption of a new Records Retention Policy, the need for storage has been reduced to 3,500 cubic feet.

Dr. Burke asked why more records can’t be digitized and asked if the courts currently demand hard copies. Mr. Marlia answered that AQMD has a policy regarding storing permanent records electronically as identified in the schedule, such as timecards and legal documents which are stored but eventually brought back onsite to digitally store and then destroy the paper records. Dr. Burke asked how long these records are stored, and Ms. Baird answered that AQMD’s Retention Policy has different requirements based on the recommendation by the managing DEO and approved by the Board as detailed in the policy, such as keeping permanent copies of legal documents. Rick Pearce, Chief Financial Officer, stated that state law requires AQMD to keep pay records permanently in case there are cases where records have to be researched regarding employee’s retirement credits. Dr. Burke stated that these records need to be stored on CD format, and Mr. Pearce stated staff is in the process of doing so. Ms. Carney mentioned checking the price of storing the records electronically by a vendor because she has personally found out that transferring old records onto current medium is very labor intensive, therefore, very expensive. Mr. Marlia stated that approximately $40,000 is to store electronic computer tapes, and the remaining contract amount is for storing paper records. Dr. Burke calculated that it is costing AQMD $3,500 per month to store records, which he feels is a very high cost.
Moved by Wilson; seconded by Loveridge; and unanimously approved.

17. Authorize Purchase of PeopleSoft, Oracle and LibertyNet Software Support: Mr. Marlia stated that staff is requesting approval to contract with (1) PeopleSoft, which stores our financial ledger and personnel information; (2) Oracle, whose database accompanies PeopleSoft; and (3) LibertyNet which is the imaging system that stores these records. Ms. Carney asked why there is a cost of $300,000 to maintain these records. Mr. Marlia answered that there are many upgrades and technologies incorporated many times a year to streamline the financial and personnel transactions, including tax forms.
Moved by Wilson; seconded by Carney; and unanimously approved.

18. Status Report on Major Projects for Information Management Scheduled to Start During First Six Months of FY 2008-09: Mr. Marlia stated this item shows the items to be brought to the Board throughout the year and the status of each. Mr. Marlia added that the audio visual equipment is also listed here with a cost that is yet to be determined, based on the responses received to upgrade the audio visual equipment in the auditorium. Dr. Wallerstein stated when the RFP was released for the audio visual equipment, there was a short response time to be able to install the system in August when no meetings are scheduled in the auditorium, and the only company who did bid listed it at $3.5 million. Dr. Wallerstein stated that this item will be held over until additional bids are received.
Moved by Wilson; seconded by Loveridge; and unanimously approved.

Vice Chair Wilson left the meeting at 10:12 a.m.

19. Report of RFPs and RFQs Scheduled for Release in July: Mr. Pearce stated that three items are being released in July – (1) Proposal to Audit AB 2766 Fee Revenue Recipients for FYs 2005-06 and 2006-07 (conducted every two years); (2) Purchase PeopleSoft and Network Servers to replace ten-year old equipment; and (3) Evaluate Emission Control Technologies for Reducing Sulfur Oxides Emissions from Stationary Sources in the SCAQMD SOx RECLAIM Program; in the latter, results provided to staff will help staff identify the best retrofit control technologies to be implemented in the 2011-2014 time frame. Dr. Wallerstein added that this expensive study will be paid for by the emitters, which are large companies who benefit from this information. Mayor Loveridge asked what happens to the AB 2766 audit, and Mr. Pearce answered that it is required by the Health & Safety Code and is submitted as a receive-and-file item by the Board every other year. This report is on the propriety of expenditures, not on the efficacy of the program as CARB conducts that part.
Moved by Carney; seconded by Loveridge; and unanimously approved.

20. Ethnic Community Advisory Group Minutes for April 25, 2008: Attached for information is the Ethnic Community Advisory Group minutes for the April 25, 2008 meeting.

21. Local Government & Small Business Advisory Group Minutes of April 11, 2008 meeting: Attached for information is the Local Government & Small Business Advisory Group minutes for the April 11, 2008 meeting.

22. Review July 11, 2008 Governing Board Agenda: Dr. Wallerstein highlighted the following: (1) a staff presentation on CARB’s Scoping Plan for Climate Change is planned at the July 11 Board meeting as requested by Mayor Loveridge; (2) Dr. Jean Ospital will be presenting the final MATES III report as the public review process has been completed; (3) clarification on proposed Rule 1158 (Storage, Handling, and Transport of Coke and Sulfur); and (4) and clarifications on the other rule items.

Ms. Carney asked if the Committees review public hearing items in May in Mobile and Stationary Source Committee meetings before the Board meeting, and Dr. Chang answered they will be reviewed.

23. Other Business: None.

24. Public Comment: None.

Meeting adjourned at 10:16 a.m.

Attachments (exe 108 kb)

Ethnic Community Advisory Group Minutes for April 25, 2008

Local Government & Small Business Assistance Advisory Group Minutes for April 11, 2008