MEETING, OCTOBER 11, 1996
A meeting of the South Coast Air Quality Management District Board will be held at 9:30 a.m., in the Auditorium at AQMD Headquarters, 21865 E. Copley Drive, Diamond Bar, California.
The Governing Board Letters and their attachments (if any) for the month of Octoberr 1996 in Microsoft Word 6.0 can be down loaded (self extracting compressed) from within the individual Board letter (click on "Attachment" at the end of the letter)
CALL TO ORDER
CONSENT CALENDAR (Items 1 through 16)
Note: Consent Calendar items held for discussion will be moved to Item No. 16(A)
1. Minutes of September 13, 1996 Board Meeting
Dix (909) 396-2500
(jdix@aqmd.gov )
2. Set Public Hearing November 8, 1996 to Amend
Rule 2202 - On-Road Motor Vehicle Mitigation Options
Wasikowski (909) 396-3264
(cwasikowski@aqmd.gov)
The proposed amendments will modify existing Rule 2202 to be consistent with state law which becomes effective January 1, 1997. The law directs the AQMD to modify current exemption levels and to initiate a program that could lead to the phase-out of Rule 2202 through voluntary rideshare or other means.
Budget/Fiscal Impact
3. Execute an Air Quality Investment Program Contract with Ecology Auto Wrecking, Inc. for the Second Quarter of 1996 and Amend an Air Quality Investment Program Contract with
Ecology Auto Wrecking, Inc. for the First Quarter of 1996
Wasikowski (909) 396-3264
(cwasikowski@aqmd.gov)
Rule 2202 - On-Road Motor Vehicle Mitigation Options was adopted on December 8, 1995. As one compliance strategy, Rule 2202 allows employers to invest in the AQIP. Monies received are placed in a restricted account to fund programs that result in emission reductions equivalent to that which would otherwise have been achieved by the participating employers. Staff evaluated the proposals received. This action is to recommend one proposal for funding and to amend one contract from the first quarter of 1996. This was reviewed by the Mobile Source Committee on September 27, 1996, and recommended for approval.
4. Provide Additional Funding for Technical Support of AQMDs Technology Advancement Program
Liu (909) 396-2105
(cliu@aqmd.gov)
Since 1988, AQMDs Technology Advancement (TA) program has co-sponsored hundreds of development, demonstration, and research projects designed to expedite wide-scale use of progressively cleaner technologies and fuels. To optimize the effectiveness of this program, it has been advantageous to supplement in-house technical resources and expertise with outside assistance. A total of $151,500 in FY 1996-97 funding is proposed for four level-of-effort contracts to provide ongoing technical support for the TA program. Two existing contracts will be amended and two new contracts will be executed. This was reviewed by the Technology Committee on September 27, 1996 and recommended for approval.
5.
Receive Funds for the Return of a Kewet El-Jet Electric Vehicle
Liu (909) 396-2105
(cliu@aqmd.gov)
In June 1995, the Board approved the purchase of a Kewet El-Jet EV from Green Motorworks of North Hollywood. This EV was purchased to be tested as a "station car." The staff has completed the tests and Green Motorworks offered to buy back the EV for 75% of the base purchase price or $14,246.25, with the balance accounting for depreciation. This was reviewed by the Technology Committee on September 27, 1996 and recommended for approval.
6. Establish Lists of Pre-Qualified Counsel to Represent AQMD in Possible Future Litigation and General Public Law Issues
Baird (909) 396-2302
(bbaird@aqmd.gov)
Two RFPs have been released: one to pre-qualify outside counsel having expertise in CEQA and air quality law for possible future litigation and one to pre-qualify outside litigation counsel having expertise in general public law. Occasionally, the AQMD requires the assistance of outside counsel having expertise in CEQA, air quality and administrative law, representation of government agencies, general public law, constitutional issues and complex environmental litigation. This action is to establish lists of pre-qualified counsel to provide possible future litigation services and public law representation. This was reviewed by the Administrative Committee on September 20, 1996 and recommended for approval.
7. Establish List of Pre-Qualified Vendors to Provide
Library Services and Supplies
Mathur (909) 396-2722
(vmathur@aqmd.gov
)
On July 12, 1996 the Board approved the release of a Request for Proposals to pre-qualify vendors for library services and supplies. As a result of successful responses to this RFP, six vendors were identified as capable of providing library services and supplies. Staff recommends that these six vendors be approved and qualified to provide their services to the District for a period of two years. Funds totaling $134,000 have been allocated in the FY 1996-97 Budget for this purpose. This was reviewed by the Administrative Committee on September 20, 1996 and recommended for approval.
8. Approve Contingency Purchase/Sales Agreement for
Real Property Located at 9150 Flair Drive, El Monte, California
Contaoi (909) 396-3038
(jcontaoi@aqmd.gov)
AQMD has been seeking proposals to sell the real property located at 9150 Flair Drive, El Monte, CA. Three proposals were received and, in closed session at the January 12, 1996 Governing Board meeting, the Board authorized staff to complete negotiations with one of the proposed purchasers. Staff concluded negotiations and now is prepared to enter into a contingency purchase/sales agreement for the real property. This will initiate the escrow process and allow the buyer to negotiate an agreement with Los Angeles County. This was reviewed by the Administrative Committee on September 20, 1996, and recommended for approval.
9. Approve the Appointment by the South Coast Air Quality Management District Building Corporation of John Donaldson o the Building Corporations Board of Directors
Contaoi (909) 396-3038
(jcontaoi@aqmd.gov)
As a result of the resignation of Mr. Kevin P. Daugherty, a vacancy exists on the Board of Directors of the South Coast Air Quality Management District Building Corporation. The Building Corporations bylaws require that its appointment of a member to its Board of Directors be approved by the Districts Governing Board. This was reviewed by the Administrative Committee on September 20, 1996, and recommended for approval.
10. Approve Compensation Package for Appointee to
Designated Deputy Position
Lents (909) 396-2100
(jlents@aqmd.gov
)
The recruitment for Director of Planning & Policy has been completed and Melvin D. Zeldin has been selected. This action is to approve the compensation package for this Designated Deputy position. This was reviewed by the Administrative Committee on September 20, 1996 and recommended for approval.
11. Rule Forecast
Leyden (909) 396-3120
(pleyden@aqmd.gov )
12. Public Advisors Report
Bowen (909) 396-3235
(lbowen@aqmd.gov )
This report highlights the Public Advisor, Local Government, Small Business Assistance and Economic Development activities for the month of August, 1996. Comprehensive reports on these efforts are set forth in Sections I, II, III and IV, respectively.
13. Hearing Board Variances and Appeals
Abel (909) 396-2500
During the period of July 1 through July 31, 1996, the Hearing Board took action on 32 Variances and 0 Appeals.
14. Lead Agency Projects and Environmental Documents
Received by the AQMD
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
This report provides for the Boards consideration a list of CEQA documents received by the AQMD between August 2, 1996 and September 2, 1996, and those projects for which the AQMD is acting as lead agency pursuant to CEQA.
15. Civil Actions Filed
Mieras (909) 396-3400
(pmieras@aqmd.gov)
This reports the legal actions filed by the District Prosecutor during the period of July 1, 1996 through August 31, 1996, pursuant to authority granted by the Board in Resolution 78-27.
16. Adopt an Update of the Technology Advancement Plan for the Clean Fuels Program
Liu (909) 396-2105
(cliu@aqmd.gov)
The proposed update to the Technology Advancement Plan for the AQMDs Clean Fuels program outlines planned project expenditures for FY 1996-97 in accordance with Health and Safety Code 40448.5.1. This legislation requires that research, development, and demonstration projects for vehicle application within the AQMDs Clean Fuels Program do not duplicate the efforts of specified organizations. Based on communications with these organizations, staff has determined that the proposed projects are not duplicative. The Plan will be updated periodically to reflect new developments. This was reviewed by the Technology Committee on September 27, 1996 and recommended for approval.
16(A). Items Deferred from Consent Calendar
BOARD CALENDAR
Note: The ARB did not meet in August. The minutes of the September 26, 1996 meeting will be reported at the November Board meeting.
17. Administrative Committee
Chair: Mikels
Nikkila (909) 396-3010
(nnikkila @aqmd.gov )
18. Legislative Committee
Chair: Burke
Witherspoon (909) 396-3243
(cwitherspoon@aqmd.gov)
19. Mobile Source Committee
Chair: Haggard
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
20. Stationary Source Committee
Chair: Lee
Leyden (909) 396-3120
(pleyden@aqmd.gov )
21. Technology Committee
Chair: Paulitz
Liu (909) 396-2105
(cliu@aqmd.gov)
22. Interagency AQMP Implementation Committee
Chair: Mikels
Bowen (909) 396-3235
(lbowen@aqmd.gov )
23. Mobile Source Air Pollution
Board Liaison: Paulitz
Reduction Review Committee
Rhinehart (909) 396-2898
(lrhinehart@aqmd.gov)
24.
Advisory Council Minutes of July 25, 1996 Meeting
Board Liaison: Mikels
PUBLIC HEARINGS
25. Amend Rule 1113 - Architectural Coatings
Broadbent (909) 396-3789
(jbroadbent@aqmd.gov )
The proposed amendments will clarify rule requirements, decrease VOC limits for clear and pigmented lacquers, flat coatings, traffic coatings, and multi-color coatings, and increase VOC limits for fire-proofing exterior coatings, japans/faux finishing coatings, and magnesite cement coatings to reflect current technology. The amendments will also implement a portion of the AQMP Control Measure for architectural coatings.
26. Adopt Proposed Rule 1605 - Credits for the Voluntary Repair of On-Road Motor Vehicles Identified Through Remote Sensing Devices
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)
Proposed Rule 1605 will provide greater opportunities to generate MSERCs that can be used as an alternative means of compliance with AQMD regulations. The rule will also provide incentives for the early repair of high-emitting on-road motor vehicles. To qualify for MSERCs, emission reductions generated from the implementation of this rule would have to be surplus to the statewide inspection and maintenance program.
CLOSED SESSION
27. Closed Session to Consider Pending or Potential Litigation and Personnel Matters (No Written Material)
Greenwald (909) 396-2303
(pgreenwald@aqmd.gov)
Pursuant to Government Code Section 54957.6, to confer with its Labor Negotiator. Agency Negotiator: Nick Nikkila/Charles Goldstein. Employee Organization: Teamsters Local 911; and Section 54956.9(a) to confer with its counsel regarding pending litigation which has been initiated formally and to which the District is a party. The title of the litigation is: Bruyn, et al. v. South Coast Air Quality Management District, et al., Los Angeles Superior Court Case No. K018186.
OTHER BUSINESS
PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda
Items, Pursuant to Government Code Section 54954.3)
Members of the public are afforded an opportunity to speak on any listed item. Please notify the Clerk of the Board, (909) 396-2500, if you wish to do so. All agendas are posted at AQMD Headquarters, 21865 E. Copley Drive, Diamond Bar, California, at least 72 hours in advance of the meeting. All information concerning agenda items may be reviewed in the Library at AQMD Headquarters one week before Board meetings. At the end of the agenda, an opportunity is also provided for the public to speak on any subject within the AQMD's authority. Speakers may be limited to three (3) minutes each.
Note that on items listed on the Consent Calendar and the balance of the agenda any motion, including action, can be taken (consideration is not limited to listed recommended actions). Additional matters can be added and action taken by two-thirds vote, or in the case of an emergency, by a majority vote. Matters raised under Public Comments may not be acted upon at that meeting other than as provided above.
Written comments will be accepted by the Board and made part of the record, provided 25 copies are presented to the Clerk of the Board.
ACRONYMS
AQMD = Air Quality Management District
AQMP = Air Quality Management Plan
ARB = California Air Resources Board
AVR = Average Vehicle Ridership
BACT = Best Available Control Technology
CEMs = Continuous Emissions Monitors
CEQA = California Environmental Quality Act
CE-CERT = College of Engineering-Center for Environmental Research
and Technology
CO = Carbon Monoxide
CTG = Control Technology Guideline
EPA = Environmental Protection Agency
EV = Electric Vehicle
FY = Fiscal Year
HRA = Health Risk Assessment
IAIC = Interagency AQMP Implementation Committee
IGA = Intergovernmental Affairs
LEV = Low Emission Vehicle
MOU = Memorandum of Understanding
MSERCs = Mobile Source Emission Reduction Credits
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NESHAPS = National Emission Standards for Hazardous Pollutants
NOx = Oxides of Nitrogen
NSPS = New Source Performance Standards
NSR = New Source Review
PM10 = Particulate Matters 10 microns
RECLAIM = REgional CLean Air Incentives
Market
RFP = Request for Proposals
RFQ = Request for Quotations
SCAG = Southern California Association of Governments
SEDAB = Southeast Desert Air Basin
SIP = State Implementation Plan
SOx = Oxides of Sulfur
TCM = Transportation Control Measure
VMT = Vehicle Miles Traveled
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle