BOARD MEETING DATE: November 7, 2008
AGENDA NO. 27

PROPOSAL:

Administrative Committee

SYNOPSIS:

The Administrative Committee met Friday, October 10, 2008, and reviewed the proposed agenda for the November 7, 2008 Board meeting. The Committee also discussed various issues detailed in the Committee report. The next Administrative Committee meeting is scheduled for Friday, November 14, 2008, at 9:00 a.m. in Conference Room CC-8.

RECOMMENDED ACTIONS:

Receive and file.
 

Roy Wilson, Vice Chair
Administrative Committee

Attendance: Vice Chair Roy Wilson attended via videoconference and was asked to chair the Committee meeting due to technical difficulties encountered at Chairman Dr. William Burke’s site, who attended via telephone connection. Present at AQMD were Committee Members Jane Carney, Ronald Loveridge and Dennis Yates.
 

ACTION/DISCUSSION ITEMS:

1. Board Members’ Concerns: None.
    
2. Chairman’s Report of Approved Travel: Dr. Wallerstein stated that Tonia Reyes Uranga attended WSPA’s 2008 Issues Conference held in Rancho Bernardo, CA on October 7-9, 2008; and will be attending the California Contract Cities Association Fall Seminar on October 17-19, 2008, in San Luis Obispo, CA.
    
3. Approval of Compensation for Board Member Assistant(s)/Consultant(s): None.
    
4. Report of Approved Out-of-Country Travel: None.
   
   NOVEMBER AGENDA ITEMS:
    
5. Establish Board Meeting Schedule For Calendar Year 2009: Dr. Wallerstein stated that there are three months where Board meetings have been moved to the 2^nd Fridays (January, July, and September) because of holidays which occur the first week of the month.
   Moved by Carney; seconded by Yates; and unanimously approved.
    
6. Appropriate Funds for PAMS and NATTS programs, Recognize and Appropriate Funds for Enhanced Particulate Monitoring Program and Community-Scale Air Toxics Program, and Issue Purchase Orders and RFQs: Philip Fine, Manager, Atmospheric Measurements, explained that this is an annual, routine item recognizing and appropriating funds from several federal programs and grants to conduct a variety of air monitoring studies regarding air toxics and particulates. The PAMS and NATTS programs are included, as well as a new community-scale air toxics grant for mobile monitoring around airports. Mayor Loveridge asked what PAMS and NATTS stood for, and Dr. Fine answered that PAMS is the Photochemical Assessment Monitoring Stations Program where measurements are taken for criteria pollutants and air toxics; and NATTS stands for National Air Toxics Trends Stations Program to measure air toxics sites in 75 sites throughout the nation with two sites located in the basin.
   Moved by Carney; seconded by Yates; and unanimously approved.
    
7. Execute Sole Source Contract with Germania Government Services Corporation: Anupom Ganguli, Asst. DEO/Public Affairs, stated that the Board directed staff to work on advocacy of air quality considerations during the development of the next federal surface transportation reauthorization legislation; relative to this task, the Legislative Committee approved a statement of principles to serve as staff guidance during such efforts. Staff is seeking to hire consultants to assist with the building of coalitions at the state and local levels, and proposes to initiate a contract, not to exceed $100,000 for a 12-month period, with Eric Haley as principal. This work is separate from the Sacramento or Washington, DC lobbyists. It is for policy-level coordination working with state and local government officials and other stakeholders, to advance AQMD’s policy recommendations. Dr. Wallerstein stated that Eric Haley is a uniquely qualified individual and was previously a very strong force within MSRC, as well as being a transportation expert who truly understands air quality issues and technologies. Dr. Wallerstein continued that in the last 12 months a door has opened for discussions and relationship building between the transportation sector and AQMD. With Mr. Haley’s assistance, AQMD will have an opportunity to build bridges to work together to form a productive alliance with transportation commissions. Mr. Yates asked if Mr. Haley will be working with SCAG and SANBAG, and Dr. Wallerstein answered affirmatively. Mr. Haley stated he served as Director of Legislative Affairs for SANBAG for eight years, and ten years with the Riverside Transportation Commission. Mr. Yates added that council members and mayors of SANBAG believe the air should be clean. Mayor Loveridge added that the policy arena for state and national governments is rapidly changing, and no one knows what resources will be needed. Dr. Wallerstein agreed and stated that AQMD needs to be staffed and ready to participate, and that is the reason the contract is being recommended.
   Moved by Yates; seconded by Loveridge; Carney abstained as Germania Government Services Corporation is a source of income for her and would have a material impact on it.
    
8. Execute Sole-Source Contract for Legislative Representation in Sacramento: Dr. Ganguli stated that this item was discussed and approved at the Legislative Committee meeting, which met earlier this morning. Staff is requesting to execute a sole-source contract with Joe A. Gonsalves & Son of Sacramento. He continued that the Board approved an ambitious legislative agenda for 2009, and in view of the current economic upheaval, additional support is desirable in Sacramento. This firm is very well respected and known at the local and state levels and has worked with AQMD previously. Mayor Yates stated that Joe Gonsalves is an advocate for the City of Chino in Sacramento, and is highly recommended because he was very successful in carrying through a bill that was very critical to Chino. Mayor Loveridge asked why the Legislative Committee is recommending this firm, and Ms. Carney answered that AQMD has a very aggressive and difficult legislative agenda, and issues arise related to the offsets program which require technical familiarity and are very complex. In addition to a very broad legislative agenda, AQMD needs to achieve emission reductions in this basin and get legislative assistance to do so. Dr. Burke added that this contractor has worked in the past in a stellar manner in Sacramento on AQMD’s behalf.
   Moved by Yates; seconded by Carney; and unanimously approved.
    
9. Execute Contract for Biennial Audit of Motor Vehicle Registration Revenues for FYs 2005-06 and 2006-07: Rick Pearce, Chief Financial Officer, explained that AQMD is required to select an auditor every two years for the audit of the motor vehicle registration revenues (AB 2766). This is the seventh audit where four proposals were received, with three considered technically qualified from an RFP issued in July. Staff is recommending the highest technically qualified, and lowest cost proposal, which is Thompson, Cobb, Bazilio and Associates, PC. Dr. Wallerstein added that this firm has conducted many audits on AQMD’s behalf, as did the second place firm (Simpson & Simpson). Ms. Carney brought up the issue of using the same auditors for both this audit and the general audit, and requested that new firms be sought out for the general audit to bring fresh eyes to our audits.
   Motion by Carney; seconded by Yates; and unanimously approved.
    
10. Report of RFPs and RFQs Scheduled for Release in November: Mr. Pearce stated that one item—Proposal for Independent Audit Services—is being released for a three-year period. The current auditors’ contract ends March 2009. Mr. Pearce stated that the audit cost will increase by 15 to 20% because of new auditing standards which are currently being required of government agencies. Ms. Carney asked if it would be legally appropriate to include in the RFP a statement that AQMD will not consider hiring firms that have provided these services within the last ten years. Kurt Wiese, General Counsel, answered that the Board has broad discretion for determining the criteria for selecting auditors. Mayor Loveridge asked how many proposals were received, and Mr. Pearce answered four. Ms. Carney stated there must be a large number of firms that conduct similar audits, and Mr. Pearce answered that proposals were sent to over 30 different firms, along with being advertised in newspapers. Ms. Carney added that an enhanced response would be received if a statement was included that AQMD would consider proposals within a stated criteria. Dr. Wallerstein stated that extra points will be added in the scoring criteria to firms who have not conducted previous audits for AQMD.
    Motion by Carney; seconded by Loveridge; and unanimously approved.
     
11. Appropriate Funds for Diamond Bar Headquarters Building Refurbishment and Construction Projects and Release RFP: Eudora Tharp, Asst. DEO/Administrative & Human Resources, stated that the Board set aside a little over $1.9M in a special budget designation for building refurbishment. Staff requests appropriation of $1,045,000 for specific projects, including continuing carpet replacement, painting the building interior, and building efficiency upgrades. This item also requests an allocation of $60,000 from the Undesignated Fund Balance for construction of needed manager offices, in Science & Technology Advancement and Planning, Rules & Area Sources, and release of an RFP to paint the building interior. Dr. Wallerstein stated that the building has now been occupied for 18 years and normal wear and tear has reached its limits.
    Motion by Yates; seconded by Carney; and unanimously approved.
     
12. Execute Lease Agreement for AQMD Headquarters Child Care Center: Ms. Tharp stated that at the previous Administrative Committee meeting, the Committee directed staff to return with language regarding the proposed ten-year lease agreement with the childcare center that would protect AQMD’s interests in the event the agency ended the lease early. The lease agreement, which is attached to the Board letter, requires provisions that require the contractor to obtain AQMD approval for any modifications or improvements and to remove any alternations at their expense when the lease ends. This item is to approve the ten-year lease agreement, with the option to terminate the lease early if needed, at an annual initial lease payment of $35,340, to be increased by 2% each year beginning the 2^nd year. Ms. Tharp stated that the operator is responsible for all operational costs. Over a ten-year period, the lease would generate approximately $405,000. Dr. Burke asked what would occur if the operator went bankrupt, and Ms. Tharp stated that AQMD would cease to have a childcare center. Dr. Burke asked what would occur if the childcare center makes modifications to the building, the lease is not renewed, and the contractor goes bankrupt. Ms. Tharp stated that AQMD is not likely to approve any costly modifications and noted that the contractors have not requested substantial changes to the facility nor have they expressed an intent to do so. Ms. Carney suggested adding a strongly worded assignment clause to the contract that would allow subletting the facility only if AQMD approves, at its sole discretion, the assignment since the rationale for the sole-source contract is satisfaction with the services of this particular provider. Dr. Wallerstein stated that Ms. Carney’s language will be added to the lease agreement.
    Motion by Yates with amendments; seconded by Carney; unanimously approved.
     
13. Authorize Purchase of Ingres Relational Database Management System Software Support: Chris Marlia, Asst. DEO/Information Management, stated that staff is requesting approval for this standard item requested annually to purchase maintenance support for AQMD’s main database system that runs programs such as permitting, compliance, and revenue receiving. This would extend the contract for an additional year, and is a sole-source contract with Ingres for the amount of $139,556 which represents an 8.5% increase over last year. Ms. Carney asked if AQMD uses Ingres’ services to the full amount of the contract total, and Mr. Marlia answered affirmatively, due to situations where software patches are required to continue running the databases. Without the software patches being delivered, work would cease at AQMD until repair was completed. Dr. Burke raised an issue where AQMD continues to purchase maintenance support by the same firms. There was extensive discussion on how information management service firms continue servicing databases. Dr. Wallerstein stated that other agencies purchase systems and the same firms send software updates so that continuous service is provided as per industry practices. AQMD’s only alternative is to patch the software together and transition to another software firm. Ms. Carney asked what other air districts use this software, and Mr. Marlia stated Bay Area has used them, and that Ingres is a solid database and has worked well for AQMD. Motion by Loveridge; seconded by Yates; unanimously approved.
     
14. Local Government & Small Business Advisory Group Minutes for July 18, 2008 meeting: Attached for information is the Local Government & Small Business Advisory Group minutes for the July 18, 2008 meeting.
     
15. Review November 7, 2008 Governing Board Agenda: Dr. Wallerstein stated that the upcoming November agenda is quite short, with the first half of the Southern California Climate Solutions Exchange rulemaking brought forward, and amendments to AQMD’s open burning regulation where staff is still working with forestry and fire departments. Vice Chair Wilson stated that the agricultural industry and citrus growers have concerns regarding the open burning regulation as it relates to stumps and no-burn limits. Laki Tisopulos, Asst. DEO/Planning, Rules & Area Sources, commented that the major concerns are from fire agencies which staff is working out with them. Dr. Wallerstein asked Vice Chair Wilson for a contact of the affected sector in agriculture. Vice Chair Wilson stated that a letter will be sent out shortly from the citrus growers of Riverside, and he will be able to provide the contact information. December’s agenda will be lengthy due to significant regulations brought forth.
    
    Mayor Loveridge mentioned that he read in the local newspaper that a contentious public meeting was held in San Bernardino around railroad activities and emissions. He stated that the Board Members (Jane Carney and Mayor Yates) were not notified of this type of major meeting and requested future advance notice of such meetings. Dr. Wallerstein stated that this meeting was not called by AQMD, and was part of the CARB MOU where the railroads committed to conduct of risk assessments of their railyards and to hold meetings in the affected communities. The railroads were to also identify actions which could possibly be taken to further reduce their emissions and the associated risks. CARB staff requested AQMD staff’s assistance in holding this meeting. Dr. Wallerstein stated that future notices will be forwarded to Board Members as there will be additional meetings scheduled.
    
    Dr. Wallerstein added that maybe a brief discussion should be held next month at the Administrative Committee about the level of notice provided to Board Members. Mayor Yates requested those types of notices to be sent to everyone. Dr. Wallerstein stated that Dr. Burke spent time with staff last week to work on the database which he is requesting.
     
16. Other Business: Sam Atwood, Media Office Manager, presented a six-minute video on the Healthy Hearths program, which was well received by the Committee members. Dr. Wallerstein asked Mr. Atwood for the total budget for this video, which Mr. Atwood replied was under $10,000 for the video and website production. Dr. Burke suggested obtaining the constituent lists from the American Lung Association, the Asthma Association, and the construction industry to distribute the website link of this program. Dr. Wallerstein answered that staff will coordinate this effort. Ms. Carney suggested that the distributors of the gas logs for the Healthy Hearths Program include this website to promote the rebate offered. Mr. Atwood stated that a DVD of the video will be provided to each of the 60 retailers participating in the rebate program to be shown on an endless loop on a TV monitor screen in their showrooms. Dr. Wallerstein suggested also providing the link to show why the use of the gas logs is important.
     
17. Public Comment: None.

Meeting adjourned at 10:00 a.m.
 

Attachment (DOC, 59k)

Local Government & Small Business Assistance Advisory Group Minutes for July 18, 2008