SUMMARY MINUTES OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
FRIDAY, June 13, 1997

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:


The meeting was called to order at 9:47 a.m. by Chairman Mikels.

• Opening Comments

James M. Lents, Ph.D., Executive Officer. Introduced Ms. Lupe Valdez, whose appointment as the new DEO/Public Affairs & Local Government Assistance was approved by the Board at its May 9, 1997 meeting.

• Presentation of Plaque to Hearing Board Chair Kim Abel

Chairman Mikels presented a plaque to Ms. Abel in recognition of her dedication and strong leadership as the Attorney Member and Chair of the AQMD Hearing Board since 1992. Ms. Abel, whose term expires June 30, 1997, is relocating to Washington and, therefore, did not seek reappointment to the Hearing Board.

Ms. Abel stated that the past five years as Hearing Board Chair have been an enriching time, and she has grown very much from the experience. She expressed appreciation to AQMD staff members and industry representatives, who displayed great patience as she and her fellow Board members took time to get up to speed on the many issues.

CONSENT CALENDAR

1. Minutes of May 9, 1997 Board Meeting

2. Set Public Hearing July 11, 1997 to Amend Rule 2100 - Registration of
Portable Equipment

2(A). Set Public Hearing July 11, 1997 to Amend Rule 1122 - Solvent Degreasers

*3. Audit Report of AB 2766 Fee Revenue Recipients for FYs Ending June 30, 1994
and 1995, and Set Public Hearing July 11, 1997 Regarding Final Resolution of
Unresolved Audit Findings and Recommendations

4. Execute Contract to Develop and Demonstrate Low-Emission Alternative Fuel
Commercial Lawn and Garden Equipment

5. Execute Contracts to Cost-Share Development and Demonstration of Fast
Charging Systems for Electric Vehicles

6. Execute Contract to Develop and Demonstrate the Most Efficient and Cost-Effective
Control Technology for Underfired Charbroilers

7. Execute Contract to Conduct Performance Audit of AQMD for FY Ending
June 30, 1997

8. Execute Contract to Acquire Continuous Ambient NOx Analyzers

9. Execute Contract to Develop RECLAIM CEMS Performance Audit Program

10. Execute Contracts to Provide Source Emissions Testing Services

11. Execute Contract to Participate in Statewide Public-Private "Californians for
Clean Air Progress" Communications Campaign

12. Execute Contract to Provide Technical Advisor Services to the MSRC in Support
of the AB 2766 Discretionary Fund Program

13. Amend Contract to Support Socioeconomic Analyses of AQMD Trading Programs

14. Recognize and Appropriate Funds and Execute Contracts for Tracer Dispersion Study
of Shipping Emissions During the 1997 Southern California Ozone Study

15. This item was withdrawn.

16. Approve Consultant-Recommended Salary Revisions for Three Noncontract
Management Classifications

17. Approve the Updated Boilerplate Language for Executive Management Agreements
and Resolve an Ambiguity in Agreement Language to Clarify Intent of the Parties

18. Issue RFQs to Prequalify Vendors to Purchase Publishing Services for Legal Notices
and Advertisements, and Miscellaneous Office and Consumable Computer Supplies

19. Public Advisor’s Report

20. Hearing Board Variances and Appeals

21. Rule Forecast

22. Lead Agency Projects and Environmental Documents Received by AQMD

23. Status of Regulatory Reform Initiative - "Green Carpet" Priority Permitting Service

*Note: An errata sheet regarding Agenda Item No. 3 setting forth the following modification to the staff recommendation was distributed to Board members, and copies made available to the public,:

RECOMMENDED ACTION:

1. Receive and file report

2. Set Public Hearings for July 11, 1997 and August 8, 1997 (Los Angeles County only) regarding final resolution of unresolved audit findings and recommendations.

Written comments regarding Agenda Item No. 14 were submitted by
Larry N. Hottenstein of Dames & Moore.

Agenda Items Nos. 2(A), 7, 8 and 12 were held for discussion.

ON MOTION OF DR. WILSON, SECONDED BY MS. LEE, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich), APPROVING AGENDA ITEMS 1, 2, 3 THROUGH 6, 9 THROUGH 11, AND 13 THROUGH 23 AND ADOPTING RESOLUTION NO. 97-17, AMENDING THE DISTRICT SALARY RESOLUTION TO MOVE SALARIES FOR THE NONCONTRACT MANAGEMENT CLASSIFICATIONS OF ATMOSPHERIC MEASUREMENTS MANAGER, SOURCE TESTING AND MONITORING MANAGER, AND TECHNOLOGY IMPLEMENTATION MANAGER FROM SALARY F TO SALARY BAND E AS RECOMMENDED BY STAFF, WITH THE FOLLOWING MODIFICATION TO THE RECOMMENDED ACTION ON AGENDA ITEM NO. 3:

"RECOMMENDED ACTION:

1. Receive and file report

2. Set Public Hearings for July 1, 1997 and August 8, 1997 (Los Angeles County only) regarding final resolution of unresolved findings and recommendations."

24. Items Deferred from Consent Calendar

2(A). Set Public Hearing July 11, 1997 to Amend Rule 1122 - Solvent Degreasers

Mr. Curtis Coleman, Attorney at Law, addressed the Board on behalf of the California Aerospace Environmental Association (CAEA). Noting that this matter was originally scheduled on the Board’s calendar to be heard in September 1997,
Mr. Coleman indicated that CAEA is working cooperatively with AQMD staff to address some outstanding concerns; but because the public hearing has been moved forward to July 11, he may at that time ask the Board to make revisions to PAR 1122 or to continue the public hearing to a later date.

Regarding this item and all other items noted on the agenda for review by the Stationary Source Committee on June 20, 1997, Ms. Lee clarified that the Committee meeting has been rescheduled to June 27, 1997.

7. Execute Contract to Conduct Performance Audit of AQMD for FY Ending June 30, 1997

Ms. Soto suggested that staff consider coordinating the proposed audit with a similar type of management and performance audit which the state will be conducting, perhaps resulting in cost savings.

In response, Dr. Lents noted that the state audit will be discussed in a hearing to be held in Sacramento the week of June 16, 1997, and staff intends to make that suggestion at the hearing.

8. Execute Contract to Acquire Continuous Ambient NOx Analyzers

Mr. Joseph Ascher, Thermo Environmental, addressed the Board and asked that the Board consider the overall value of the proposal submitted by Thermo Environmental in response to the RFQ for this item, given the proven track record and the overall operating cost of their analyzers versus that of Horiba Instruments.

12. Execute Contract to Provide Technical Advisor Services to the MSRC in Support of the AB 2766 Discretionary Fund Program

Ms. Soto commented that while she supports executing the contract with
Mr. Gorski as recommended, she does not think it is appropriate to have people on the evaluation panel who work with a person being considered for the contract. She suggested that either Mr. Gorski be hired on a permanent basis, or that, in the future, the evaluation panel for this contract consist of people who do not work with Mr. Gorski.

Mr. Paulitz, the Board liaison on the MSRC, expressed his belief that the evaluation process was conducted fairly, and indicated that three out of the seven panel members do not have frequent contact with Mr. Gorski.

ON MOTION OF DR. WILSON, SECONDED BY MS. GLOVER, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS APPROVING AGENDA ITEMS 2(A), 7, 8 AND 12, AS RECOMMENDED.

BOARD CALENDAR

25. Administrative Committee

26. Legislative Committee

27. Mobile Source Committee

28. Stationary Source Committee

29. Technology Committee

30. Investment Oversight Committee

31. Mobile Source Air Pollution Reduction Review Committee

32. Air Resources Board Monthly Meeting

MS. SOTO MOVED TO RECEIVE AND FILE AGENDA ITEMS 25 AND 27 THROUGH 32 AS RECOMMENDED. THE MOTION WAS SECONDED BY MR. PAULITZ AND PASSED BY A UNANIMOUS VOTE OF THE BOARD MEMBERS.

26. Legislative Committee

Mr. Curtis Coleman, Attorney at Law, addressed the Board on behalf of Diversified Brands and requested that rather than adopting an "oppose" position on SB 987 (Sher) as recommended, the Board refer the bill back to the Legislative Committee for further review, so that he or other representatives of Diversified Brands could address the Committee more fully on this issue and provide more information on how the bill was introduced to clean up a legislative oversight that was made last year during amendments to the consumer product legislation.

Catherine Witherspoon, Legislative Director, responded that the Committee report actually contains two bills concerning consumer products--SB 987 and SB 230 (Alpert)--and in both cases aerosols are the underlying issue. Staff has concluded that it is time to take stock of the trend over the last several years of legislation each year whittling away the ARB’s consumer product authority, and therefore staff has recommended to the Board "oppose" positions on these two bills.

ON MOTION OF MR. SILVA, SECONDED BY MR. CLUFF, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS TO RECEIVE AND FILE THE LEGISLATIVE COMMITTEE REPORT, REFER SB 987 BACK TO THE LEGISLATIVE COMMITTEE FOR REVIEW, AND ADOPT THE FOLLOWING POSITIONS ON LEGISLATION:

SB 521 (Mountjoy) - Reformulated Gas: MTBE Ban OPPOSE

AB 592 (Kuehl) - MTBE: Groundwater Protection SUPPORT IN

CONCEPT

SB 1189 (Hayden) - MTBE: Drinking Water Protection SUPPORT IN

CONCEPT

SB 775 (Johannessen) - Reformulated Gas: MTBE Study (no position)

AB 278 (Escutia) - Health Effects: Children SUPPORT

WITH

AMENDMENTS

AB 466 (Campbell) - HOT Lanes: Demo Project SUPPORT

WITH

AMENDMENTS

SB 1320 (Hurtt) - Parking Cash-Out Mandates WATCH

AB 292 (Floyd) - Gasoline Cargo Tanks: Leak Tests OPPOSE

AB 421 (Baugh) - Refrigerated Trailers: State vs. Local SUPPORT

WITH

AMENDMENTS

AB 999 (Thomson) - Smog Check: Area Definition OPPOSE

SB 230 (Alpert) - Consumer Products: Disinfectants OPPOSE

AB 1190 (Torlakson) - Enforcement: Maximum Penalties NEUTRAL

SB 431 (Costa) - Video Teleconferencing: Pilot Project NEUTRAL

SB 138 (Kopp) - Public Meetings: Video Teleconferencing (no position)

33. Adopt Resolution Regarding Advisory Council and Advisory Groups to Provide
that Members are Eligible for Compensation; and Increase Membership of Two
Advisory Groups

MS. LEE MOVED TO ADOPT RESOLUTION NO. 97-18, PRESCRIBING THE COMPOSITION, DUTIES, AND ACTIVITIES OF THE ADVISORY COUNCIL AND ADVISORY GROUPS TO PROVIDE FOR THE PAYMENT OF PER DIEM OF $100, PLUS MILEAGE AND PARKING EXPENSES, IN ACCORDANCE WITH DISTRICT POLICY, FOR ATTENDANCE AT THE MEETINGS OF THE GROUP OR COUNCIL OF WHICH THE INDIVIDUAL IS A MEMBER; AND INCREASING THE MEMBERSHIP OF TWO ADVISORY GROUPS. THE MOTION WAS SECONDED BY
MS. SOTO, AND PASSED BY A UNANIMOUS VOTE OF THE BOARD MEMBERS.

34. Establish Advisory Committee to Review RECLAIM Progress Report

MS. LEE MOVED TO ESTABLISH A RECLAIM ADVISORY COMMITTEE TO REVIEW THE RECLAIM PROGRESS REPORT AND APPOINT MEMBERS TO SERVE FOR A TERM OF ONE YEAR COMMENCING JULY 1, 1997, AS RECOMMENDED BY STAFF. THE MOTION WAS SECONDED BY MR. LOVERIDGE, AND PASSED BY A UNANIMOUS VOTE OF THE BOARD MEMBERS.

35. Permit Enhancement Pilot Program

MS. LEE MOVED TO RECEIVE AND FILE THE REPORT ON THE PERMIT ENHANCEMENT PILOT PROGRAM, AND DIRECT THE EXECUTIVE OFFICER TO CONTINUE THE PROGRAM THROUGH THE END OF CALENDAR YEAR 1997 TO ALLOW THE EVALUATION OF EXPANDED WALK-UP PERMITTING AND COMPUTER SOFTWARE UPGRADES, AS RECOMMENDED BY STAFF. THE MOTION WAS SECONDED BY DR. WILSON, AND PASSED BY A UNANIMOUS VOTE OF THE BOARD MEMBERS.

36. Appointments to the AQMD Hearing Board

ON MOTION OF DR. WILSON, SECONDED BY MS. SOTO, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS APPROVING THE FOLLOWING APPOINTMENTS AND REAPPOINTMENTS TO THE AQMD HEARING BOARD EFFECTIVE JULY 1, 1997, WITH TERMS ENDING JUNE 30, 2000, AS RECOMMENDED BY STAFF:

Attorney Members Engineer Members

Laurine E. Tuleja Edward Camarena

Janet Dillon, Alternate Farooq A. Khan, Alternate

PUBLIC HEARINGS

37. Approve Compensation Package for Designated Deputies

Since there was no opposition among Board members to most of the contracts involved in this item and there were numerous people present to speak with respect to Dr. Lent’s contract,

MR. SILVA MOVED THAT THE BOARD VOTE SEPARATELY ON EACH INDIVIDUAL CONTRACT. THE MOTION WAS SECONDED BY MS. SOTO AND PASSED BY A UNANIMOUS VOTE OF THE BOARD MEMBERS.

ON MOTION OF DR. WILSON, SECONDED BY MR. PAULITZ, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS AUTHORIZING THE EXECUTIVE OFFICER TO EXECUTE AN EXECUTIVE MANAGEMENT AGREEMENT WITH DR. ELAINE CHANG FOR A TERM COMMENCING MAY 9, 1997 AND ENDING JULY 31, 2000, AND APPROVING COMPENSATION OF $92,820 ANNUALLY AS RECOMMENDED.

ON A MOTION DULY MADE AND SECONDED, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS AUTHORIZING THE EXECUTIVE OFFICER TO EXECUTE AN EXECUTIVE MANAGEMENT AGREEMENT WITH LEE LOCKIE FOR A TERM COMMENCING AUGUST 1, 1997 AND ENDING JULY 31, 2000, AND APPROVE INCREASING TO 75% THE EMPLOYER CONTRIBUTION TO THE SECTION 457 DEFERRED COMPENSATION PACKAGE AS RECOMMENDED.

ON MOTION OF MR. PAULITZ, SECONDED BY MR. SILVA, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS AUTHORIZING THE EXECUTIVE OFFICER TO EXECUTE AN EXECUTIVE MANAGEMENT AGREEMENT WITH LARRY RHINEHART COMMENCING AUGUST 1, 1997 AND ENDING
JULY 31, 2000, APPROVING AN EQUITY ADJUSTMENT TO SALARY OF 2.5% EFFECTIVE AUGUST 1, 1997, AND INCREASING TO 75% THE EMPLOYER CONTRIBUTION TO THE SECTION 457 DEFERRED COMPENSATION RETIREMENT PROGRAM AS RECOMMENDED.

DR. WILSON MOVED TO AUTHORIZE THE EXECUTIVE OFFICER TO EXECUTE AN EXECUTIVE MANAGEMENT AGREEMENT WITH PATRICIA LEYDEN COMMENCING AUGUST 1, 1997 AND ENDING JULY 31, 2000, AND APPROVE INCREASING TO 75% THE EMPLOYER CONTRIBUTION TO THE SECTION 457 DEFERRED COMPENSATION RETIREMENT PROGRAM AS RECOMMENDED. THE MOTION WAS DULY SECONDED, AND PASSED BY THE FOLLOWING VOTE:

AYES: Braude, Glover, Lee, Loveridge, Mikels, Paulitz, and Wilson.

NOES: Antonovich, Burke, Cluff, Silva and Soto.

ABSENT: None.

ON MOTION OF DR. WILSON, SECONDED BY MS. SOTO, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS AUTHORIZING THE EXECUTIVE OFFICER TO EXECUTE AN EXECUTIVE MANAGEMENT AGREEMENT WITH DR. BARRY WALLERSTEIN COMMENCING AUGUST 1, 1997 AND ENDING JULY 31, 2000, APPROVING AN EQUITY ADJUSTMENT TO SALARY OF 2.5% EFFECTIVE AUGUST 1, 1997, AND INCREASING TO 75% THE EMPLOYER CONTRIBUTION TO THE SECTION 457 DEFERRED COMPENSATION RETIREMENT PROGRAM AS RECOMMENDED.

DR. WILSON MOVED TO AUTHORIZE THE CHAIRMAN OF THE BOARD TO EXECUTE A MODIFICATION TO THE EXECUTIVE MANAGEMENT AGREEMENT WITH DR. JAMES M. LENTS TO EXTEND ITS TERM FROM AUGUST 1, 1997 THROUGH JULY 31, 2000 AS RECOMMENDED.

Chairman Mikels stated that before taking action on the motion regarding Dr. Lents’ contract, the Board would hear from those in the audience who had requested to speak on this issue. The public hearing was opened, and the Board heard testimony from the following individuals:

• Speaking in support of extending the contract with Dr. Lents:

A. NORTON YOUNGLOVE, Chairman Emeritus, AQMD Governing Board and
Monday Morning Group

SABRINA S. SCHILLER, former AQMD Governing Board Member

*ROBERT BUSTER, Chair, Riverside County Board of Supervisors

*JOHN LONGVILLE, Mayor/City of Rialto, MSRC Chair

*DR. JORGE R. MANCILLAS, representing Senator Tom Hayden

JACQUES S. YEAGER, E.L. Yeager Construction Company, Inc.

*NORM KING, San Bernardino Associated Governments (SANBAG)

ROBERT WYMAN, Attorney, Regulatory Flexibility Group

*LAURIE NEWMAN, representing Assemblymember Sheila Kuehl

GLADYS MEADE, former AQMD Governing Board Member

GEORGE J. LUJAN, City of South El Monte

DONALD HOLTZ, Air Quality Consultant, Sierra Club

ANDY GOODMAN, Environmental Media Association

GAIL RUDERMAN FEUER, Natural Resources Defense Council

LINDA WAADE, Coalition for Clean Air

PAT KUDELL, American Lung Association

RANDY JURADO, California League of Conservation Voters

*JAMES PROVENZANO, Clean Air Now

CARLOS PORRAS, Communities for a Better Environment

KAY GILBERT, Natural Resources Defense Council

MIKE NEWHOUSE, California Public Interest Research Group

RAHMANN SHABAZZ, Community Coalition for Change

STEPHANIE ROSENBERG, student and local resident

EMIL LAWTON, Sierra Club

DENNIS KORTHEUER, 15th District Community Coalition

ELLEN STERN HARRIS, Fund for the Environment

JOHN MURDOCK, concerned citizen

*WARD ELLIOTT, Group Against Smog Pollution (GASP)

JOHN BARKMAN, concerned citizen

MARY JOHNSON, Chair, League of Women Voters Environmental Action Committee

JOHN E. WILKS, III, West End Community Association

HARVEY KARP, M.D., American Academy of Pediatrics

*Submitted Written Comments

Comments were made commending Dr. Lents for his great skill and leadership in developing effective but business-sensitive emission reduction programs, developing a broad range of business assistance programs designed to help small businesses thrive while reducing their pollutant emissions, pioneering the development of market-based pollution reduction strategies that offer flexibility and the least cost pollution reduction opportunities to businesses, and developing a positive working relationship with the region’s business, community, education, environmental and economic development leaders. It was noted that significant progress has been made in improving the air quality in this region during Dr. Lents’ leadership the past eleven years, and the air quality during each of the last four years has been the most healthful on record.

The overall sentiment was that in view of the unprecedented success the AQMD has had under Dr. Lents’ leadership, not extending his contract as Executive Officer would be a severe setback for clean air in this region and could jeopardize the attainment of healthful air quality and a strong economy at a time when realization of those goals are within reach.

Written Comments Submitted by:


• Speaking in opposition to extending the contract with Dr. Lents:
JOHN HARPER and ED LAIRD, Small Business Coalition

Expressed the Coalition’s belief that new leadership is needed to move the AQMD in a proper, scientifically sound direction, which would be to honestly evaluate and identify the contributions from natural (or biogenic) air pollution and from automobiles, and determine whether or not this region will ever be able to meet federal air quality standards. In addition, the Coalition believes that Dr. Lents has neglected small businesses, small business loans are too small, given the $7 million the AQMD has control over, and permit processing has returned again to the delays experienced during the 1980s.

Written Comments (opposition) Submitted by:

Bill Martinez, Mayor, City of South Gate

Tony Mendoza, Mayor Pro Tem, City of Artesia

There being no further testimony, the public hearing was closed.

During Board discussion on the extension of Dr. Lents’ contract, each Board member made a statement as to their position on this issue, summarized below.

Mr. Loveridge expressed his belief that the Board’s vote on this issue is a defining, watershed type of vote as to the District’s approach to clean air in the South Coast Air Basin, and he could not recall there ever being such an overwhelming statement made by the public as what was presented today. This is also, he believes, a gut check vote, and that Board members need to ask themselves who their constituencies are, who they are representing, and what they are telling the Board. His constituents--residents, public, business, environmental interests--support renewal of Dr. Lent’s contract. He further believes that this is a test of how well the Board members can work together; and that there could possibly be another state call which would move governance of this district away from the cities and counties, because of their inability to work together, to a state-appointed type of governance. Lastly, he believes the bottom line is the question of continuing progress for clean air, because removal of Dr. Lents will result in more indecision, more delay, and a slow down on initiatives.

Dr. Wilson commented that he was overwhelmed by the amount of testimony received and the one-sidedness of that testimony, which he believes validates the mission of the AQMD and its goal for clean air. It speaks loudly to the fact that the District is moving in the right direction, and Dr. Lents’ leadership has taken us in that direction. He urged Board members to put personal differences and opinions aside and vote for what is best for the District, for the people of this basin and for the mission of clean air; and that is a "yes" vote on Dr. Lents’ contract renewal.

Mr. Silva indicated that he has heard that AQMD staff members have made personal phone calls to businesses lobbying for support on behalf of Dr. Lents. That, he believes, is inappropriate and presents a conflict, since these are the same businesses that have to get permits from the AQMD. He also expressed concern about businesses leaving this region because of AQMD regulations. Personally, he thinks Dr. Lents is a very nice, very honorable man; but he does not believe that any one staff member or any one Board member is the AQMD. It is his belief that anyone on staff could leave, and AQMD would still be moving forward. There are many people in Southern California, he feels, that would like to see, if not a new direction, perhaps new ideas brought into the leadership of this agency.

Mr. Paulitz commented that the daily smog forecasts for the San Gabriel Valley, Pomona Valley, and San Bernardino and Riverside areas are rarely in the "good" category; and he believes everyone who lives in those areas want to continue the war on smog. Therefore, he would vote to renew Dr. Lents’ contract.

Also overwhelmed by the public testimony presented demonstrating a consensus of such a diverse group of interests and people, Mr. Braude expressed his belief that the AQMD has devoted more attention, sensitivity and resources to small businesses that any other government agency, and makes every effort to fine tune regulations so that businesses are not impacted. No other agency has as difficult a balancing job as the AQMD, and no general manager has as challenging and demanding a job as Dr. Lents has performed--and, he believes, performed well.

Ms. Soto commented that she has been on the Board for nearly two and a half years, and it was not until recently that her ideas have been accepted. She believes the District was lax in the outreach to local government and involving cities in the decision making during the rule development process; and that it was unresponsive to the concerns of small businesses. It was only recently that a person was hired to be in charge of carrying out such outreach. Ms. Soto indicated that she may have acquiesced and changed her vote, had it not been for the manipulation and offering of favors that has occurred since the May 9, 1997 Board meeting in the attempt to garner support for renewal of Dr. Lents’ contract and to persuade her to change her vote. While she felt insulted by these attempts, she finds it more insulting to hear the comments made during public testimony that those who would vote against renewing Dr. Lents’ contract had no concern about the environment and were doing so at the risk of the lives of people in this region. Emphasizing that this is not a partisan issue, she indicated that three of the six Board members who voted at the May 9 meeting to renew Dr. Lents’ contract are democrats and three are republicans; and the ratio is about the same for the six Board members who voted against renewing the contract. She believes there are many people who are just as qualified, just as intelligent, and just as sensitive to the needs of the environment as Dr. Lents; and perhaps some that can handle people with more sensitivity and diplomacy.

Dr. Burke commented that the six Board members who voted against renewing Dr. Lents’ contract have no common cause. Indicating that he obviously is not voting the way that he is on this issue for political reasons since his vote today may cost him his seat on the Board, he stated that he is voting out of service to his constituents. Referring to testimony given during the public hearing, he commented that he finds it difficult to believe when someone comes before the Board with charts and graphics indicating areas of this region where there are mainly Blacks, Latinos and poor Whites which have the most virulent cases of cancer and linking that to air pollution, yet say that the AQMD is doing a good job. While he believes Dr. Lents is a nice person and a good scientist, he does not believe that replacing Dr. Lents with someone else would cause the District to back off from its drive to clean up the air in this basin.

Commenting that he believes some of the efforts made since the May 9 meeting and the testimony presented today was the political cross-dressing of the corporate interests and the bureaucrats working together against the best interest of the public, small business men and women and the working people of this region, Mr. Antonovich urged the Board to move forward with someone who has vision and leadership and will work for what is good, and not to protect a status quo which has many flaws.

Expressing her respect for all of the Board members’ votes and their right and reasons for voting the way they chose, Ms. Glover stated that she does not see this as a division of one area versus another. She stated her belief that it is very natural and normal to have people that think differently and approach this issue differently; and that this is a personnel issue, not a political issue. She believed the vote should be approached from an intellectual viewpoint, and not an emotional one.

Mr. Cluff commented that he is on the Board representing Governor Pete Wilson; but he is also representing his wife and three children, therefore, he has a personal stake in the air quality of this region. Noting that the business support for Dr. Lents today has been largely limited to big business, he commented that those are the businesses currently receiving favorable treatment and have become a part of this bureaucracy; and that some of the people who testified received personal remuneration, either directly or indirectly, from their relationships with
Dr. Lents. Additionally, he finds it personally appalling that advocates of the environment are supporting a track record of environmental backtracking, and he is bothered by the sentiments expressed that there is no AQMD without Dr. Lents. He believes that may, in fact, be the ultimate criticism of Dr. Lent’s managerial abilities. For if there is no one else at the District to carry on, he has not done a good job of training people in managing this agency.

Ms. Lee commented that from the time she became a member of this Board, Dr. Lents assured her that while he may not personally always agree with the Board and with the direction that they give him, he would listen to the Board, take that direction that is given to him and implement that to the best of his ability. There are certain areas which she thinks Dr. Lents can improve on, but she respects his experience, his background and his ability to get things done. Furthermore, she likes the fact that Dr. Lents is not that politically suave because she prefers that he not get personally involved on a regular basis in the politics of this district.

Chairman Mikels commented that AQMD is the premier air quality agency on this planet, and that is because of a highly qualified and talented staff, committed Board members, and a very concerned and sophisticated public which has a great stake in the beneficial impacts of our air quality efforts. But, it also requires effective administrative leadership to accomplish all of that and bring it together in an organization as large and diverse in its operation as the AQMD. He believes Dr. Lents has proved himself capable of melding those various and diverse interests throughout our region with the administrative leadership that he has demonstrated to this Board and to the public; and the District is at a point now where it has developed a cooperative attitude with all segments of the public it serves. Perhaps Dr. Lents is not the only person in the world that can do this job, but he believes that Dr. Lents has demonstrated a vast degree of accomplishment and clearly warrants a contract renewal.

THE MOTION BY DR. WILSON, SECONDED BY MR. LOVERIDGE, TO AUTHORIZE THE CHAIRMAN OF THE BOARD TO EXECUTE A MODIFICATION TO THE EXECUTIVE MANAGEMENT AGREEMENT WITH DR. JAMES M. LENTS TO EXTEND ITS TERM FROM AUGUST 1, 1997 THROUGH JULY 31, 2000 AS RECOMMENDED FAILED, FOR A LACK OF SEVEN CONCURRING VOTES, AS FOLLOWS:

AYES: Braude, Lee, Loveridge, Mikels, Paulitz and Wilson.

NOES: Antonovich, Burke, Cluff, Glover, Silva and Soto.

ABSENT: None.

Dr. Wilson commented that he does not think there is any doubt about Ms. Soto’s commitment to the cities she represents, and that she believes there has been a laxity in outreach. He believes, however, that Dr. Lents, in his hiring of Ms. Valdez, has taken a step to correct that situation. In addition, the accusations of payoffs and staff manipulation of groups causes him concern; and he might consider changing his vote if he were to see the evidence which other Board members have that he does not.

DR. WILSON MOVED TO: 1) RENEW THE EXECUTIVE MANAGEMENT AGREEMENT WITH DR. LENTS FOR ONE YEAR; 2) SET OBJECTIVES TO BE INCLUDED IN THE EXECUTIVE MANAGEMENT AGREEMENT, TAKING INTO CONSIDERATION THE CONCERNS EXPRESSED BY BOARD MEMBERS; AND
3) CONDUCT A PERFORMANCE EVALUATION OF DR. LENTS IN SIX MONTHS AND, IF THE BOARD HAS NOT SEEN THE IMPROVEMENTS THAT NEED TO BE MADE, THE BOARD WOULD HAVE THE OPPORTUNITY TO TERMINATE THE CONTRACT. THE MOTION WAS SECONDED BY MR. BRAUDE.

AYES: Braude, Lee, Loveridge, Mikels, Paulitz and Wilson.

NOES: Antonovich, Burke, Cluff, Glover, Silva and Soto.

ABSENT: None.

Mr. Braude commented that Dr. Lents having served the District for over 10 years, he thinks it is important to provide an orderly and respectful process by which he can make adjustments in his professional and his personal life.

MR. BRAUDE MOVED TO RENEW THE EXECUTIVE MANAGEMENT AGREEMENT WITH DR. LENTS, AND THAT HE CONTINUE SERVING AT THE PLEASURE OF THE BOARD. THE MOTION WAS SECONDED BY MR. LOVERIDGE.

In response to a question by Dr. Burke, General Counsel Peter Greenwald stated that the other executive contracts approved by the Board under this item contain language that the contracts may be terminated at any time for any reason that is not specifically prohibited by state or federal law. In that event, there is a six-month severance pay allocated.

Indicating that he believed this item should have been handled by the Board in closed session, Mr. Silva stated that if the Board were to continue the contract with Dr. Lents, he would have a difficult time working with him after the comments that have been made.

Mr. Antonovich commented that by moving forward with the original vote (no action), Dr. Lents has approximately six more weeks that he will serve as Executive Officer. If the Board were to approve the proposal by Mr. Braude, the District would have to pay any additional costs if there was a termination of that contract. Therefore, he believes that to be fiscally prudent, the Board should move forward, reject Mr. Braude’s motion, and then go into closed session and designate a person who will take over as an Acting Executive Officer as of August 1, 1997.

MR. BRAUDE AMENDED HIS MOTION TO AUTHORIZE EXECUTION OF A NEW EXECUTIVE MANAGEMENT AGREEMENT WITH DR. LENTS, WHICH DOES NOT CONTAIN A SIX-MONTH SEVERANCE PAY PROVISION, TO SERVE AT THE PLEASURE OF THE BOARD. MR. LOVERIDGE, SECONDER TO THE MOTION, INDICATED HIS AGREEMENT.

Dr. Burke suggested that if there is continued desire for Dr. Lents to be allowed time to make an orderly transition, that the Board might consider appointing a new Acting Executive Officer and offering Dr. Lents an additional two- or three-month contract.

In response to Ms. Soto, Chairman Mikels stated that in the event of another deadlock by the Board, this item will by operation of rule be automatically continued to the July 11, 1997 Board meeting.

In response to a question by Dr. Burke, Mr. Greenwald indicated that since the Board has already received public testimony on this matter, it would not have to hear public testimony at the July 11 Board meeting.

THE MOTION BY MR. BRAUDE, SECONDED BY MR. LOVERIDGE, TO AUTHORIZE EXECUTION OF A NEW EXECUTIVE MANAGEMENT AGREEMENT WITH DR. LENTS, WHICH DOES NOT CONTAIN A SIX-MONTH SEVERANCE PAY PROVISION, TO SERVE AT THE PLEASURE OF THE BOARD FAILED, FOR A LACK OF SEVEN CONCURRING VOTES, AS FOLLOWS:

AYES: Braude, Lee, Loveridge, Mikels, Paulitz, and Wilson.

NOES: Antonovich, Burke, Cluff, Glover, Silva and Soto.

ABSENT: None.

MS. LEE MOVED TO EXTEND THE EXECUTIVE MANAGEMENT CONTRACT WITH DR. LENTS THROUGH DECEMBER 31, 1997 AND AUTHORIZE THE CHAIRMAN OF THE BOARD TO APPOINT AN EXECUTIVE SEARCH COMMITTEE WITH THE INTENTION OF HAVING A NEW EXECUTIVE OFFICER APPOINTED BY JANUARY 1, 1998. THE MOTION WAS SECONDED BY MR. BRAUDE AND FAILED, FOR A LACK OF SEVEN CONCURRING VOTES, AS FOLLOWS:

AYES: Braude, Lee, Loveridge, Mikels, Paulitz and Wilson.

NOES: Antonovich, Burke, Cluff, Glover, Silva and Soto.

ABSENT: None.

In response to Ms. Soto’s question as to whether or not the Board could at this time appoint an Acting Executive Officer, District Counsel Barbara Baird stated that no notice has been provided to the public that such an action would be taken at this meeting. The Board can, however, add an item to the agenda by a two-thirds vote and a finding that there is a need for immediate action and that the matter came to the Board’s attention after the posting of the agenda.

MS. SOTO MOVED TO DETERMINE THAT IT IS NECESSARY TO TAKE ACTION ON APPOINTING AN ACTING EXECUTIVE OFFICER, WHICH DOES NOT APPEAR ON THE POSTED AGENDA, AND THAT THE NEED TO TAKE ACTION AROSE SUBSEQUENT TO THE POSTING OF THE JUNE 13, 1997 BOARD MEETING AGENDA. THE MOTION WAS DULY SECONDED AND FAILED, FOR A LACK OF EIGHT CONCURRING VOTES, AS FOLLOWS:

AYES: Antonovich, Burke, Cluff, Glover, Silva and Soto.

NOES: Braude, Lee, Loveridge, Mikels, Paulitz and Wilson.

ABSENT: None.

Mr. Cluff suggested that the issue of appointing an Acting Executive Officer be referred to a Board Committee for consideration and a report to the Board at its July 11, 1997 meeting. Chairman Mikels agreed, and referred the item to the Administrative Committee.

(The Board recessed at 1:15 p.m., and reconvened at 1:58 p.m. Not returning were Board members Antonovich, Braude, Burke and Lee.)

38. Amend Rule 1421 - Control of Perchloroethylene Emissions from Dry Cleaning Systems

The staff report was given by Jack Broadbent, Assistant DEO/Stationary Source Compliance. The public hearing was opened, and the Board heard testimony from the following individual:

MR. OK-HWAN KIM, Korean Dry Cleaners Association of Southern California

Expressed appreciation to AQMD staff for working cooperatively with them to develop the proposed amendment, which will relieve dry cleaners in this region from the unnecessary burden of more strict requirements than the rest of the state.

There being no further testimony, the public hearing was closed.

ON MOTION OF DR. WILSON, SECONDED BY MR. LOVERIDGE, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Braude, Burke and Lee), ADOPTING RESOLUTION NO. 97-19, AMENDING RULE 1421 AND CERTIFYING THE FINAL ENVIRONMENTAL ASSESSMENT, AS RECOMMENDED BY STAFF.

39. Amend Rule 102 - Definition of Terms
Rule 1106.1 - Pleasure Craft Coating Operations
Rule 1151 - Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations
Rule 1171 - Solvent Cleaning Operations
Rule 1302 - Definitions (New Source Review)

The staff report was given by Anupom Ganguli, Senior Manager/Stationary Source Compliance. The public hearing was opened. There being no requests from the public to speak on this item, the public hearing was closed.

Written Comments Submitted by:

Douglas E. Templin, Detco (Re: Amendment to Rule 1106.1)

ON MOTION OF MR. PAULITZ, SECONDED BY MS. GLOVER, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Braude, Burke and Lee), ADOPTING RESOLUTION NO. 97-20, AMENDING RULES 102, 1106.1, 1151 AND 1302 AND CERTIFYING THE FINAL ENVIRONMENTAL ASSESSMENT, AS RECOMMENDED BY STAFF.

40. Amend Rule 701 - Air Pollution Emergency Contingency Actions

In the interest of time, staff waived an oral presentation on this item. The public hearing was opened. There being no requests from the public to speak on this item, the public hearing was closed.

ON MOTION OF MS. SOTO, SECONDED BY MR. PAULITZ, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Braude, Burke and Lee), ADOPTING RESOLUTION NO. 97-21, AMENDING RULE 701 AND CERTIFYING THE FINAL ENVIRONMENTAL ASSESSMENT, AS RECOMMENDED BY STAFF.

CLOSED SESSION

41. Closed Session: Employee Performance Evaluation

The Board did not recess to closed session.

PUBLIC COMMENT PERIOD - (Public Comment on Non-Agenda Items, Pursuant to Government Code Section 54954.3)

There was no public comment on non-agenda items.

OTHER BUSINESS

Dr. Lents requested that the Board add an item to the agenda which came to staff’s attention after posting of the Board meeting agenda. McDonnell Douglas is competing for a
$1.6 billion contract to build a space shuttle, and of the seven sites that they are considering, only one is located in the South Coast Air Basin, in the city of Huntington Beach. Staff has drafted a letter to McDonnell Douglas, for signature by Chairman Mikels and Dr. Lents, indicating the support of the Board and AQMD staff and a commitment to expedite processing of permits necessary to place the Huntington Beach facility into operation so that McDonnell Douglas can win this important contract.

ON MOTION OF MR. LOVERIDGE, DULY SECONDED, THE BOARD DETERMINED, BY A UNANIMOUS VOTE OF THE BOARD MEMBERS PRESENT (Absent: Antonovich, Braude, Burke and Lee), THAT IT IS NECESSARY TO TAKE ACTION ON A LETTER OF SUPPORT FOR MCDONNELL DOUGLAS IN SEEKING CONTRACTS FOR EVOLVED EXPENDABLE LAUNCH VEHICLE, WHICH DOES NOT APPEAR ON THE POSTED AGENDA BECAUSE THE NEED TO TAKE ACTION AROSE SUBSEQUENT TO THE POSTING OF THE JUNE 13, 1997 BOARD MEETING AGENDA.

42. Letter of Support for McDonnell Douglas in Seeking Contracts for Evolved Expendable Launch Vehicle

ON MOTION OF MR. SILVA, SECONDED BY MS. SOTO, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS PRESENT (Absent: Antonovich, Braude, Burke and Lee), APPROVING THE LETTER EXPRESSING THE SUPPORT OF THE AQMD GOVERNING BOARD AND STAFF FOR MCDONNELL DOUGLAS IN SEEKING CONTRACTS FOR THE EVOLVED EXPENDABLE LAUNCH VEHICLE, AS RECOMMENDED BY STAFF.

ADJOURNMENT

The meeting was adjourned by Chairman Mikels at 2:15 p.m.

The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on June 13, 1997.

Respectfully Submitted,

SAUNDRA McDANIEL

Senior Deputy Clerk

Date Minutes Approved: ________________________

____________________________________________

Jon D. Mikels, Chair

 

ACRONYMS

AB = Assembly Bill
AQMD = (South Coast) Air Quality Management District
ARB/CARB = California Air Resources Board
DEO = Deputy Executive Officer
FY = Fiscal Year
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NOx = Oxides of Nitrogen
PAR = Proposed Amended Rule
PM10 = Particulate Matters < 10 microns
SB = Senate Bill
SIP = State Implementation Plan


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