Notice having been duly given, the regular meeting of the South Coast Air Quality Management District Board was held at District Headquarters, 21865 E. Copley Drive, Diamond Bar, California. Members present:
Dr. William Burke, Vice Chairman (left at 12:12 p.m.)
Speaker of the Assembly Appointee
Cody G. Cluff
Governor's Appointee
Councilmember Norma J. Glover
Cities of Orange County
Ms. Mee H. Lee
Senate Rules Committee Appointee
Councilmember Leonard Paulitz
Cities of San Bernardino County
Supervisor James W. Silva
County of Orange
Councilmember Nell Soto
Cities of Los Angeles County - Eastern Region
Members Absent:
Councilmember Marvin Braude
Cities of Los Angeles County - Western Region
Mayor Ronald O. Loveridge
Cities of Riverside County
Supervisor S. Roy Wilson, Ed.D.
County of Riverside
The meeting was called to order at 9:40 a.m. by Chairman Mikels, who administered the oath of office to Ms. Norma J. Glover. Ms. Glover was elected by Orange County’s Cities Selection Committee to fill the unexpired term, ending January 15, 2000, as the Cities of Orange County’s representative on the Governing Board.
CONSENT CALENDAR
Agenda Items Nos. 3, 5, 11 and 12 were held for discussion.
3. Set Public Hearing February 14, 1997 to Receive Public Input on Executive Officer’s
Program Goals/Objectives for FY 1997-98 Budget
Ms. Lee reminded staff of the Board’s request for regular reports on implementation of the FIP, in order to insure that the control measures being implemented by the AQMD are consistent with what is being accomplished on a federal level by the EPA.
Barry Wallerstein, DEO of Planning, Transportation & Information Management, responded that staff will be reporting on a monthly basis to the Mobile Source Committee, beginning with the Committee’s January 17, 1997 meeting, on the status and implementation activities of both federal and state mobile source measures. The reports will be incorporated into the Committee’s report to the full Board each month.
5. Transfer $1.5 Million from the Air Quality Assistance Fund to the General Purpose
Fund to be held for the Regional Transportation Agencies Coalition Pursuant to
Health & Safety Code Sections 40458 and 44243.5
Mr. Paulitz questioned why only SCAQMD was contributing funds, when the RTAC membership encompasses Mojave Desert AQMD, Ventura County APCD and also Imperial Valley Association of Governments. Catherine Wasikowski, Director of Transportation Programs, responded that SB 836 was very specific in that the funds be given by SCAQMD to the RTAC for disbursement to county or regional rideshare agencies. The funds will be used to maximize voluntary ridesharing in the South Coast Air Basin, and thereby reduce emissions in the basin.
11. Appointees to Designated Deputy Positions
Mr. Silva commented that this item related to a personnel matter, and he believed it would be best to consider the item in closed session.
Peter Greenwald, General Counsel, advised that the Board can recess to closed session to consider and evaluate the performance of employees. However, determination as to the appropriate salary must remain in open session. Therefore, he recommended that Item No. 11, which involved determination of salaries, be continued until after the closed session; and that in the closed session, the Board could discuss employee performance. Further, the item to discuss employee performance in closed session would have to be added to the agenda by a two-thirds vote of the Board.
James M. Lents, Ph. D, Executive Officer, expressed concern that with three Board members absent, the Board could lose a quorum if this item were moved to the end of the meeting, following closed session. If not acted on by the Board, the contracts involved in this item would expire on January 31, 1997 and Dr. Lents would be unable to compensate the affected employees after that date.
Chairman Mikels stated that Dr. Burke would be leaving at approximately 11:30 a.m. If any other Board member left after that, the Board would lose a quorum and would be unable to take any action. Therefore, he suggested that the Board complete discussion and take action on the other consent calendar items that were held for discussion, as well as take action on the Board Calendar items, and then recess to closed session
12. Adopt Resolution Regarding Advisory Council to Create Final Charters for Advisory Groups, Modify Method of Appointment of Advisory Group Members, and Add Performance and Attendance Criteria for Advisory Council and Advisory Group Members
Ms. Soto expressed her disagreement with the proposed performance and attendance criteria for advisory group members, and her opposition to discontinuance after June 30, 1997 of the $100-per diem and the mileage/parking travel allowance which certain advisory group members presently receive. She believed that, at the least, members of the Ethnic Community Advisory Group should be compensated, because most of them operate their own businesses and it is difficult for them to take time off to attend the meetings.
Chairman Mikels suggested that the issue of the per diem compensation and travel allowance be referred back to the Administrative Committee for further consideration and a recommendation to the full Board prior to expiration of the current policy.
The following individuals addressed the Board to speak on this item:
CYNTHIA VERDUGO-PERALTA, Ethnic Community Advisory Group (ECAG)
1) Commented that most of the ECAG members are small business owners and any time away from their offices is lost revenue; yet the importance of the air quality issues facing their communities are important enough to dedicate that time. By discontinuing the per diem, the Board is sending a message to the ECAG members that the time they dedicate to the AQMD is not valued by the Board. 2) Asked that the Board reconsider removing the $100-per diem compensation and mileage allowance that the ECAG members now receive, which is a small cost in comparison to the value they bring to the AQMD as a conduit to and from the community. (Submitted Written Comments)
JOHN BILLHEIMER, Small Business Coalition
Expressed support for the proposed Local Government & Small Business Assistance Advisory Group, but cautioned the Board that small business and local government come from two fundamentally different points of view. (Submitted Written Comments)
In response to Dr. Burke, Dr. Lents clarified that historically three groups have received a per diem amount--the city councilmembers on the Interagency AQMP Implementation Committee, all members of the Advisory Council, and all members of the Ethnic Community Advisory Council. All other advisory groups of the AQMD received no per diem compensation.
11. Appointees to Designated Deputy Positions
Mr. Greenwald stated that because the need to consider employee performance relative to this item in closed session arose subsequent to posting of the agenda, the Board needed to take action to add the closed session item suggested by Mr. Silva with regard to employee performance relative to Agenda Item No. 11; and that a two-thirds vote of the Board was required for such action.
Ms. Soto expressed concern that the agenda was not specific as to what Item
No. 11 entailed, and that the board letter for the item was provided to Board members only one or two days before the meeting. She indicated that she felt it was inefficient and bad practice, and should not be done in the future.
Commenting that he received the board letter for Item No. 11 on January 8 and had sufficient time to review it, Mr. Paulitz pointed out that "immediate need" arose from the fact that an item was being added to the agenda for discussion in closed session.
BOARD CALENDAR
Chairman Mikels commented that this issue was raised by Dr. Burke at the December 13, 1996 Board meeting. With the advent of new ozone and particulate matter standards, as well as the responsibility of the state and federal governments to regulate sources over which they have authority, and the fact that both of those new standards are going to weigh heavily on mobile sources, he suggested expanding the focus of the Committee to include ports as well. He then appointed Dr. Burke, Mr. Silva, and himself to the Ad Hoc Committee to Review Air Quality Impacts of Airport and Marine Port Operations; and distributed to Board members copies of a proposed mission statement for the Committee, which he suggested could be modified as the Committee determines the direction which it will take.
"MISSION STATEMENT: The Committee’s mission shall be to review the current status of long-range planning activities by local airport and marine port operators as related to the regional Air Quality Management Plan (AQMP) and near- and mid-term actions needed at such facilities to achieve necessary air pollutant emission reductions. The review will include a look backwards at commitments made during the 1994 AQMP adoption process, and then proceed to a survey of recently adopted provisions contained in the 1997 AQMP, formal plans for expansion, and potential actions stemming from the current U.S. EPA public consultative process on reducing emissions at airports and marine ports.
The Committee will review staff recommendations for AQMD policy positions on the above matters prior to any needed full Board action and will provide periodic reports of Committee activities to the full Board."
Dr. Wallerstein reported on the set of general principles--four key principles, and three supporting elements--recommended by staff to form the framework of AQMD’s comments to the U.S. EPA on the newly-proposed standards.
Mr. Tim Carmichael addressed the Board on behalf of the Coalition for Clean Air, Natural Resources Defense Council, the American Lung Association, Communities for a Better Environment, the Sierra Club, and the Environmental Media Association, to speak in support of the staff recommendation on this item and to express three specific concerns they believed should be addressed in the AQMD’s comments. Two of these concerns staff does intend to address: (i) spacial averaging, and the potential, as with any averaging program, to mask or bury a localized problem; and (ii) the monitoring procedures described by EPA which are designed to accurately monitor the PM2.5 problem relative to sulfates, but may not accurately monitor the PM2.5 problem in southern California which, unlike the rest of the country, relates to nitrates. The final point, which was not addressed in the staff report, relates to the EPA proposal allowing an average of six exceedance days each year for the PM10 and PM2.5 standards, which the environmental community believes is a weakening of those standards.
Ms. Soto commented that she hopes staff continues to work with the environmental community so that their concerns are addressed. Chairman Mikels assured Board members that they would receive copies of the actual comments before the comments are forwarded to EPA.
The Board recessed to closed session at 10:25 a.m.:
• Pursuant to Government Code Section 54957.6(a), to confer with its Labor Negotiator. Agency Negotiator: Nick Nikkila/Charles Goldstein. Employee Organizations: Teamsters Local 911 and San Bernardino Public Employees Association.
• Pursuant to Government Code Section 54957 to evaluate the performance of employees listed in the Board letter for Agenda Item No. 11.
• Pursuant to Government Code Section 54956.9(a), to confer with counsel regarding pending litigation. The title of the litigation is: Paige Bruyn, et al. v. South Coast Air Quality Management District, et al., Los Angeles Superior Court, Case No. K018186.
The Board reconvened at 12:12 p.m. Dr. Burke did not return.
11. Appointees to Designated Deputy Positions
Ms. Lee suggested that if there were not sufficient votes to approve this item at this time, that a special meeting be scheduled for the Board to reconsider this item prior to the January 31, 1997 expiration date of the affected contracts.
AYES: Glover, Lee, Mikels and Paulitz.
NOES: Cluff, Silva and Soto.
ABSENT: Antonovich, Braude, Burke, Loveridge and Wilson.
Ms. Soto indicated that she regretted the fact that the other employees were affected, but she felt the recommendation regarding the contract with Oscar Abarca was unfair and therefore she could not support the item as recommended.
AYES: Glover, Lee, Mikels and Paulitz.
NOES: Cluff, Silva and Soto.
ABSENT: Antonovich, Braude, Burke, Loveridge and Wilson.
MS. SOTO MOVED TO MODIFY AGENDA ITEM NO. 11 TO EXTEND THE CONTRACT TERM FOR OSCAR ABARCA TO JANUARY 31, 2000. THE MOTION WAS SECONDED BY MR. SILVA, AND FAILED, FOR A LACK OF SEVEN CONCURRING VOTES, AS FOLLOWS:
AYES: Cluff, Silva and Soto.
NOES: Lee, Mikels and Paulitz.
ABSTAIN: Glover.
ABSENT: Antonovich, Braude, Burke, Loveridge and Wilson.
MR. CLUFF MOVED APPROVAL OF AGENDA ITEM NO. 11 AS RECOMMENDED, WITH THE MODIFICATION THAT THE EXECUTIVE OFFICER BE GIVEN THE AUTHORITY TO EXTEND THE CONTRACT TERM FOR OSCAR ABARCA FOR A PERIOD UP TO THREE YEARS. THE MOTION WAS SECONDED BY CHAIRMAN MIKELS.
Commenting that he saw no reason why the recommendation regarding the contract with Oscar Abarca, which was causing concern for some Board members, could not be taken out and acted on separately by the Board,
AYES: Glover, Lee, Mikels and Paulitz.
NOES: Cluff, Silva and Soto.
ABSENT: Antonovich, Braude, Burke, Loveridge and Wilson.
Mr. Cluff explained that the intent of his motion was to give the Executive Officer the authority to extend the contract with Oscar Abarca from its proposed August 31, 1997 expiration date to an additional two and a half years, at the current rate of compensation, without having to come back to the Board for additional approval.
To address concerns expressed by Mr. Silva, Ms. Lee suggested including language in the motion that a performance evaluation take place prior to expiration of the contract with Oscar Abarca; and that if the Executive Officer is not going to extend the contract at that time, then the item would come back before the Board prior to expiration of the contract. However, if based on his evaluation the Executive Officer is going to recommend that the contract be extended an additional two and a half years, then the Executive Officer will have the authority to do so without bringing the item back before the Board.
Indicating his agreement with the language suggested by Ms. Lee,
PUBLIC HEARINGS
Chairman Mikels stated that since newly-elected Board Member Norma Glover could not vote on Agenda Items Nos. 30 and 31, the Board would lose its quorum and would therefore be unable to take action on those two items.
Carol Coy, Assistant DEO of Stationary Source Compliance, reported on the Technical Guidance Document (TGD) and the status of the AQMD’s Title V Program approval. The public hearing was opened, and the Board heard testimony from the following individuals:
BOB NICKSIN, Title V Ad Hoc Committee
CURTIS COLEMAN, Attorney, on behalf of California Manufacturers’ Association Southern California Air Quality Alliance and the California Aerospace Environmental Association
Indicated that they had not had sufficient time to review the entire document; but were sensitive to AQMD’s need to move forward with the TGD adoption process and the rule amendment process. With assurances from AQMD staff that adoption of the TGD does not foreclose discussion of its elements, as well as a commitment from staff to work out an appropriate timetable for consideration of TGD amendments, they supported adoption of the TGD for Regulation XXX.
There being no further testimony, the public hearing was closed.
PUBLIC COMMENT PERIOD
Mr. Rene Loof, Air Quality Engineer/Stationary Source Compliance, expressed concerns with respect to management adhering to procedures for reclassification and employee grievances.
Mr. Art Sbicca addressed the Board to comment on Agenda Item No. 30, indicating that he would be unable to attend the February 14, 1997 Board meeting and wanted to get his comments on record. Mr. Sbicca’s company manufactures shoes, and part of their operation involves molding of polyurethane soles which requires the use of a finish that does not comply with District Rule 1145. The company is presently operating under a variance from the Hearing Board allowing the use of the noncomplying finish. The Hearing Board suggested that Mr. Sbicca attend the January 10 public hearing on Rule 1145 to request a modification to PAR 1145 to allow continued use of the noncomplying finish, because current technology within the shoe industry does not exist to develop a finish that is in compliance with Rule 1145.
Ms. Coy responded that staff has been reviewing the concerns of Mr. Sbicca since
January 8, 1997. Staff will continue to analyze the situation and return to the Board at its February 14, 1997 meeting with a recommendation.
ADJOURNMENT
The meeting was adjourned by Chairman Mikels at 12:52 p.m.
The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on January 10, 1997.
Respectfully Submitted,
SAUNDRA McDANIEL
Senior Deputy Clerk
Date Minutes Approved: ________________________
____________________________________________
Jon D. Mikels, Chairman
ACRONYMS
AQIP = Air Quality Investment Program
AQMD = (South Coast) Air Quality Management District
AQMP = Air Quality Management Plan
ARB/CARB = California Air Resources Board
Cal-EPA/U.S. EPA = California/United States Environmental Protection Agency
DEO = Deputy Executive Officer
FIP = Federal Implementation Plan
FY = Fiscal Year
NOx = Oxides of Nitrogen
PAR = Proposed Amended Rule
PM10 = Particulate Matters < 10 microns
PM2.5 = Particulate Matters < 2.5 microns
RECLAIM = REgional CLean Air Incentives Market
RFP = Request for Proposals
RFQ = Request for Quotations
RTAC = Regional Transportation Agencies Coalition
SIP = State Implementation Plan
SOx = Oxides of Sulfur
VOC = Volatile Organic Compound