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 Chair
Speaker of the Assembly Appointee
Councilmember Richard Alarcon
Cities of Los Angeles County - Western Region
Supervisor Michael D. Antonovich (arrived at 9:45 a.m.)
County of Los Angeles
Cody G. Cluff
Governor’s Appointee
Councilmember Norma J. Glover
Cities of Orange County
Ms. Mee H. Lee
Senate Rules Committee Appointee
Mayor Ronald O. Loveridge
Cities of Riverside County
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
Supervisor S. Roy Wilson, Ed.D.
County of Riverside
The meeting was called to order at 9:42 a.m. by Chairman Mikels.
• Opening Comments
Ms. Soto. Commented that she and several AQMD staff members recently attended a public meeting organized by Communities for a Better Environment to discuss the concerns of citizens residing near certain oil refineries, with respect to how emissions from the refineries are impacted by the refineries’ scrapping of old vehicles for emission credits pursuant to AQMD Rule 1610. She was pleased to see that newly-appointed Board Member Richard Alarcon was also present at that meeting. She believed the meeting went well, and that the AQMD’s presence had a positive impact on the proceedings. She suggested that Board members and staff attend these type of community meetings more often to show that the AQMD does care about the communities in this region.
(Mr. Antonovich arrived at 9:45 a.m.)
Mr. Paulitz. Announced that the MSRC was awarded a plaque by the Los Angeles Chapter of the American Planning Association in the category of "Leadership and Education Project" for the Quick-Charge Electric Vehicle Outreach Program. The project will now compete for an award at the state level and, if successful there, it will move on to the national competition.
Mr. Cluff. Suggested that the Board consider naming the auditorium the "Marvin Braude Auditorium" in honor of Mr. Braude, who retired in July 1997 after serving on the Board almost continuously since 1977. Ms. Soto expressed her concurrence, and Chairman Mikels indicated that the Board would consider Mr. Cluff’s suggestion.
• Swearing in of Newly-Appointed Board Member Richard Alarcon
Chairman Mikels administered the oath of office to Richard Alarcon, who was elected by Los Angeles County’s Cities Selection Committee to fill the unexpired term ending January 15, 1998 as the Cities of Los Angeles County - Western Region’s representative on the Governing Board.
CONSENT CALENDAR
Agenda Items Nos. 4, 10 and 16 were held for discussion. Ms. Glover indicated that she would be abstaining on Agenda Item No. 3 because of a possible conflict of interest.
At Ms. Soto’s request, staff agreed to include in future Board reports on this item a chart indicating, for each county: (i) the cities which have applied for the matching funds; (ii) the amount of funding provided by the cities; and (iii) the amount of matching funds from the MSRC. The chart will also include totals for the funds provided by the cities and the matching funds from MSRC.
Ms. Soto expressed concern with respect to the delay of public hearings for adoption/amendment of six rules and one regulation, as set forth in the Rule Forecast Report, and the fact that there are no rules scheduled for adoption/amendment at the September 12, 1997 Board meeting. In light of the new issues affecting the AQMD, environmental groups threatening litigation against the AQMD regarding the AQMP, and the belief by some people that the AQMD cannot clean up the air without former Executive Officer Dr. James Lents, she believes the AQMD needs to move forward with adopting rules, without any delays, to prove that there are other people who can manage the AQMD as well as, or better than, Dr. Lents.
Mr. Silva noted that while the Board letter for this item states that the Administrative Committee will evaluate the proposals submitted in response to the RFP, the RFP states that a panel comprised of Board members will evaluate the proposals. Expressing his belief that the Administrative Committee should not serve as the evaluation panel,
AYES: Alarcon, Antonovich, Burke, Cluff, Glover, Lee, Paulitz, Silva, Soto and Wilson.
NOES: Loveridge and Mikels.
ABSENT: None.
ON MOTION OF DR. WILSON, SECONDED BY MR. PAULITZ, A UNANIMOUS VOTE WAS CAST BY THE BOARD MEMBERS TO APPROVE AGENDA ITEMS NOS. 4 AND 16 AS RECOMMENDED AND NO. 10 AS CLARIFIED.
BOARD CALENDAR
1) RATIFY THE ADMINISTRATIVE COMMITTEE’S SELECTION OF DR. BARRY R. WALLERSTEIN AS INTERIM EXECUTIVE OFFICER EFFECTIVE AUGUST 1, 1997 AND CONTINUING DURING THE RECRUITMENT AND SELECTION OF AN EXECUTIVE OFFICER; AND
2) ESTABLISH COMPENSATION FOR DR. WALLERSTEIN AT AN ANNUAL SALARY OF $140,569 DURING THE PERIOD HE SERVES AS EXECUTIVE OFFICER.
THE MOTION WAS SECONDED BY MR. SILVA.
In response to a question by Mr. Alarcon, Nick Nikkila, DEO of Technical Support Services, stated that there is no singular pay rate or salary step plan for the Executive Officer position; it is at the discretion of the Board. The former Executive Officer, Dr. James Lents, started at an annual salary of approximately $120,000, which was increased over a period of time to approximately $140,000.
Mr. Alarcon, Dr. Burke and Mr. Paulitz did not support establishing compensation for the Acting Executive Officer at the top salary paid to Dr. Lents, but believed it would be appropriate to establish compensation at approximately $120,000 annually. Expressing his belief that a range of salaries should be considered, Dr. Wilson suggested that the Board refer the matter of compensation for the Acting Executive Officer to the Administrative Committee for its review and recommendation to the Board.
At Ms. Lee’s request, a copy of the "Agreement in Consideration of Candidacy for Interim Executive Officer" signed by Dr. Wallerstein--indicating that if selected as the Interim Executive Officer, he would not seek appointment as the Executive Officer to succeed Dr. James Lents--was included in the record of this item.
1) RATIFY THE ADMINISTRATIVE COMMITTEE’S SELECTION OF DR. BARRY R. WALLERSTEIN AS INTERIM EXECUTIVE OFFICER EFFECTIVE AUGUST 1, 1997 AND CONTINUING DURING THE RECRUITMENT AND SELECTION OF AN EXECUTIVE OFFICER; AND
2) REFER THE ISSUE OF COMPENSATION FOR DR. WALLERSTEIN DURING THE PERIOD HE SERVES AS EXECUTIVE OFFICER TO THE ADMINISTRATIVE COMMITTEE FOR ITS REVIEW AND RECOMMENDATION TO THE BOARD (COMPENSATION TO BE RETROACTIVE TO AUGUST 1, 1997).
THE MOTION WAS SECONDED BY MR. LOVERIDGE, AND PASSED BY A UNANIMOUS VOTE OF THE BOARD MEMBERS.
Dr. Wallerstein gave a brief update on the new federal clean air standards for ozone and fine particulates, compared the new federal air quality standards with current air quality standards, and outlined the activities that staff has underway to address the new standards.
PUBLIC HEARINGS
The staff report was given by Carol Coy, Assistant DEO of 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.
Rick Pearce, Director of Finance, reported that all of the 21 findings have been resolved. Therefore, this item was taken off calendar.
CLOSED SESSION
The Board did not recess to closed session.
OTHER BUSINESS
Mr. Cluff commented that in May 1997, six of the twelve members of the Governing Board made it clear that they felt strongly that the AQMD needed to change the leadership of the Executive Officer. That conviction was reaffirmed again under significant duress at the June 1997 Board meeting, and they were forced to do so yet again at the Board meeting in July 1997. The matter of former Executive Officer James Lents’ contract with the AQMD could have been managed professionally, among colleagues in a manner that would have built up the agency, reassured the public, and protected the reputation of a dedicated civil servant. Instead, he believes, Chairman Mikels brought havoc upon the District by fanning the flames of public sentiment with mistruth and false observations.
Stating that it has become clear in the last four months that Chairman Mikels does not represent a majority of the Board members, Mr. Cluff expressed his belief that it is time for those Board members who initiated the change in leadership of this agency--and who better represent the diversity of the population of the basin-- to have the opportunity to step up and accept the task of charting the future of this agency. He noted that, at his request, General Counsel Peter Greenwald provided an opinion on the Board’s ability to replace its chairperson. According to Mr. Greenwald, the current Board chairman may not be replaced by the Board prior to December 1997, when his two-year term as chairman expires. However, three other attorneys [Arnold M. Alvarez-Glasman, Alvarez-Glasman & Colvin; Peter Pitchess, Liner, Yankelevitz, Sunshine & Regenstreif LLP; and De Witt W. Clinton, County Counsel, County of Los Angeles], independently reviewed the same question, and all three attorneys agree that the chairperson serves at the pleasure of the Board, and that the Board has the authority to remove and replace its chairperson. Copies of those opinions were distributed to Board members and included as part of the record.
Chairman Mikels commented that he will abide by whatever is decided by a majority vote of the Board, as opposed to conflicting opinions by various attorneys.
Dr. Wilson commented that, at his request, county counsel for Riverside County also provided an opinion on this issue. Copies of that opinion, which says it is clear in the Health & Safety Code that the Board does not have the right to remove the chairman during his two-year term, were also distributed to Board members and included as part of the record of this item. Dr. Wilson recommended that the Board either defer action on this item and request from the state attorney general his interpretation of the legality of the proposed action, or allow Mr. Mikels to finish out the four remaining months of his term as chairman.
Mr. Loveridge listed five characteristics which he believes are important for the Board chair: (i) an elected official, as has historically been the case on the Board; (ii) commitment of more than 20 hours per week; (iii) knowledge of both science and policy; (iv) skill in being able to keep a board together and to arrive at conclusions; and (v) an understanding of the vision and direction of the District.
Ms. Soto expressed her belief that since the Board chooses its chair, it should have the right to remove that chair and chose another one. She added that she and the other Board members who are supporting the removal of Mr. Mikels as chair are not doing so in order to continue controversy and backslide on the District’s commitment to clean air, as has been stated in local newspapers.
Emphasizing that the Board’s primary function is to clean the air, Mr. Alarcon expressed his belief that the Board can do so in a variety of leadership patterns; and he disagrees with the idea that the Board chair should be restricted to elected officials only. He also believes that the Board should, by a majority vote, have the ability to change the chair; and he suggested that the Board work to modify the Health & Safety Code to clear up any ambiguity within the code.
Noting that there was no mention on the agenda of replacing or electing a vice chair, Mr. Paulitz asked whether or not it is legal under the Brown Act to consider an item for action that is not on the agenda.
Mr. Greenwald responded that it is not legal under the Brown Act to consider an item which is not on the agenda; the question is whether or not the public could fairly interpret this agenda item as including the vice chair in the determination the Board might make today.
Dr. Burke commented that when first asked if he would consider serving as Board chair, he refused because he operates a significant business. He changed his mind, however, because he believes the process of putting in place the new administration of the District is worth the time.
Indicating that he has a problem with the concept that legal opinion says that the Board does not have the right to remove the person who serves at its pleasure,
MR. ANTONOVICH MADE A SUBSTITUTE MOTION TO APPOINT DR. BURKE AS CHAIRMAN. THE MOTION WAS SECONDED BY MS. SOTO.
Chairman Mikels pointed out, with counsel’s concurrence, that the existing chair must be removed before the Board can vote on appointing someone else as chair.
Ms. Soto suggested that the Board vote on the motion by Mr. Cluff, but without the appointment of Ms. Glover as vice chairman. In addition, Ms. Soto asked that Mr. Alarcon’s suggestion about working to modify the Health & Safety Code to clarify that the Board has the ability, by a majority vote, to change its chair be placed on the agenda for the September 12 Board meeting.
Noting that the vice chair will be open if the motion to vacate the chair and elect a new chair passes, Dr. Burke requested clarification from legal counsel as to whether or not the Board could vote on a vice chairman at this time. Mr. Greenwald responded that the Board has historically voted to elect the vice chair at the same time the chair was elected; therefore, he believes the two are closely enough related that the Board could at this time vote on electing a vice chair.
Chairman Mikels commented that when Curt Pringle was elected Speaker of the Assembly, he asked for Dr. Burke’s resignation. The attorney general determined that Dr. Burke was appointed to a term and could not be removed except for cause, and as a result Dr. Burke retained his seat. It is his belief that the same statutory construction applies to the election of the AQMD Board chair. When a board is divided six/six--whether it is the staff or whether it is management or whether it is the chair of that board-- it is difficult to establish any clear direction for a board. He apologized for any shortcomings he may have had as chair, and stated that he is ready to move on, after the Board votes, in whatever capacity he can to serve the interests of clean air in Southern California.
AYES: Alarcon, Antonovich, Burke, Cluff, Glover, Silva and Soto.
NOES: Lee, Loveridge, Mikels, Paulitz and Wilson.
ABSENT: None.
The floor was opened for nominations for Chair.
AYES: Alarcon, Antonovich, Burke, Cluff, Glover, Silva and Soto.
NOES: Loveridge and Mikels.
ABSTAIN: Lee, Paulitz and Wilson.
ABSENT: None.
The floor was opened for nominations for Vice Chair.
AYES: Alarcon, Antonovich, Burke, Cluff, Glover, Loveridge, Paulitz, Silva and Soto.
NOES: Mikels.
ABSTAIN: Lee and Wilson.
ABSENT: None.
Mr. Loveridge noted that, with the election of Dr. Burke as Chairman and Ms. Glover as Vice Chairman, there is now duplication on the panel which the Board set up to evaluate proposals submitted in response to the RFP for executive search services. He suggested that the Board reconsider the composition of the evaluation panel at the September 12, 1997 Board meeting.
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.
ADJOURNMENT
The meeting was adjourned by Mr. Mikels at 10:55 a.m.
The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on August 8, 1997.
Respectfully Submitted,
SAUNDRA McDANIEL
Senior Deputy Clerk
Date Minutes Approved: ________________________
____________________________________________
Dr. William Burke, Chair
ACRONYMS
AB = Assembly Bill
AQMD = (South Coast) Air Quality Management District
AQMP = Air Quality Management Plan
ARB/CARB = California Air Resources Board
CEQA = California Environmental Quality Act
DEO = Deputy Executive Officer
FY = Fiscal Year
LEV = Low Emission Vehicle
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
RFP/RFQ = Request for Proposals/Quotations
ULEV = Ultra Low Emission Vehicle
VOC = Volatile Organic Compound