SUMMARY MINUTES OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
May 19, 2000

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:

William A. Burke, Ed.D., Chairman
Speaker of the Assembly Appointee

Councilmember Norma J. Glover, Vice Chairman
Cities of Orange County

Supervisor Michael D. Antonovich (arrived at 9:30 a.m.)
County of Los Angeles

Councilmember Hal Bernson
Cities of Los Angeles County - Western Region

Ms. Jane W. Carney
Senate Rules Committee Appointee

Supervisor Cynthia P. Coad, Ed.D.
County of Orange

Councilmember Beatrice J. S. LaPisto-Kirtley
Cities of Los Angeles County - Eastern Region

Mayor Ronald O. Loveridge (arrived at 9:45 a.m.)
Cities of Riverside County

Supervisor Jon D. Mikels (left at 11:10 a.m.)
County of San Bernardino

Mayor Pro Tem Leonard Paulitz
Cities of San Bernardino County

Cynthia Verdugo-Peralta
Governor�s Appointee

Supervisor S. Roy Wilson, Ed.D.
County of Riverside


Chairman Burke called the meeting to order at 9:10 a.m.

        Ms. Glover. Announced that the Permit Streamlining Task Force, co-chaired by Mr. Loveridge and her, will reconvene in June to review the implementation status of the task force's recommendations adopted by the Board on March 12, 1999.

Chairman Burke administered the oath of office to Cynthia Verdugo-Peralta, who was appointed to the Governing Board by Governor Gray Davis for a term ending January 15, 2004. Ms. Verdugo-Peralta, who has served on several District advisory groups continuously for the past seven years (including Co-Chair of the Ethnic Community Advisory Group for the past four years), expressed her gratitude to Governor Davis and to her supporters who encouraged her to seek the position on the Board, as well as her family for allowing her to devote time away from them to the business of clean air. She challenged young people in the Basin to continue their education, hopefully seeking careers in helping our environment, and she challenged scientists and economists to find new technologies and new ways to help balance the needs of the environment as well as the need to keep the economy growing.

CONSENT CALENDAR

1. Minutes of April 21, 2000 Board Meeting

2. Set Public Hearings June 16, 2000 to Consider Amendments and/or Adoption to AQMD Rules
    and Regulations

(A) Proposed Rule 1192 - Clean On-Road Transit Buses

(B) Proposed Rule 1193 - Clean On-Road Residential and Commercial
      Refuse Collection Vehicles

(C) Rule 403.1 - Wind Entrainment of Fugitive Dust

(D) Rule 1146 - Emissions of Oxides of Nitrogen from Industrial, Institutional,
      and Commercial Boilers, Steam Generators, and Process Heaters

3. Appoint Attorney, Engineer, and Alternate Members to AQMD Hearing Board

4. Approve Salary Adjustment for Noncontract Management and Confidential, and Attorney
    Employees

5. Execute Sole-Source Contract with Los Angeles County Agricultural Commission Department of
    Weights and Measures for Gasoline Vapor Recovery Inspections and Testing

6. Issue RFP for Management Firm to Operate Diamond Bar Headquarters Cafeteria

7. Execute Contract for Independent Testing Support for Technology Advancement Program

8. Execute Contract to Co-Sponsor Fuel Cell Vehicle Center at University of California, Davis

9. Execute Contract to Co-Sponsor Study of Electric Hotel Shuttle Service at Los Angeles
    International Airport

10. Execute Contract to Co-Sponsor Evaluation of Alternative-Fuel Transit Bus Maintenance
      Practices and Design of Training Curriculum for Maintenance and Repair of Alternative Fuel
      Transit Buses

11. Execute Contracts for Class 7 & 8 On-Road Trucks Projects Awarded Under Carl Moyer
      Memorial Air Quality Standards Attainment Program

12. Execute Contract to Co-Sponsor Evaluation of Air Quality Benefits of Battery-Operated
      Emergency Roadside Flares

13. Execute Contract to Co-Sponsor Design Practices for Integration of Fuel Systems and Methane
      Detection for Natural Gas Trucks

14. Execute Contract to Complete Development of Direct Methanol Fuel Cell

15. Execute Contract to Co-Sponsor Professional Wet Cleaning Technology Pilot Incentive Program

16. Execute Contract to Provide Technical Support for Evaluation and Implementation of
      Compressed Natural Gas Fueling Facilities

17. Issue RFP for Implementation of Low-Emission, Alternative Fuel Heavy-Duty Vehicles within
      South Coast Air Basin

18. Issue Request for Qualifications for Technical Assistance for Marine Vessel Emission Testing
      Services and Technical Assistance/Due Diligence Investigation of Proposed Carl Moyer
      Program Awardees - Marine Vessels

19. Amend Contracts with Cordoba Corporation, R Systems, Inc., and Sierra Cybernetics, Inc. to
      Provide Short- and Long-Term Systems Development and Support Services; and Authorize
     Appropriation of $200,000 from Undesignated Fund Balance

20. Approve Co-Sponsorship of American Lung Association of Los Angeles County's Development
      of Its "A is for Asthma" Program, and Expansion of Its "Clean Air Kids Club" Program

21. Recognize and Appropriate Funds to Provide Upper-Air Wind and Temperature Monitoring
      Services

22. Recognize and Appropriate Additional Funds from ARB for Children's Health Study

23. Public Affairs Report

24. Hearing Board Variances and Appeals

25. Civil Filing and Civil Penalties Report

26. Rule and Control Measure Forecast

27. Lead Agency Projects and Environmental Documents Received by the AQMD

28. Status Report on Major Projects for Information Management Scheduled to Start
      During Last Six Months of FY 1999-2000

Agenda Item No. 2 was withheld for discussion.

ON MOTION OF DR. WILSON, SECONDED BY MR. PAULITZ, THE BOARD APPROVED AGENDA ITEMS 1 AND 3 THROUGH 28, AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE:

AYES: Burke, Bernson (except Item #10), Carney, Coad (except Item #11), Glover, LaPisto-Kirtley, Mikels, Paulitz, Verdugo-Peralta, and Wilson.

NOES: None.

ABSTAIN: Bernson (on Item #10 only) and Coad (on Item #11 only).

ABSENT: Antonovich and Loveridge.

29. Items Deferred from Consent Calendar

2. Set Public Hearings June 16, 2000 to Consider Amendments and/or Adoption to AQMD Rules and Regulations

(A) Proposed Rule 1192 - Clean On-Road Transit Buses

(B) Proposed Rule 1193 - Clean On-Road Residential and Commercial Refuse Collection Vehicles

(C) Rule 403.1 - Wind Entrainment of Fugitive Dust

(D) Rule 1146 - Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters

Commenting that she believed a delay in the public hearings on Proposed Rules 1192 and 1193 would be appropriate since the public hearing on PR 1191 had been delayed (to allow additional time for public review/comment),

DR. COAD MOVED TO: 1) SET PUBLIC HEARINGS JUNE 16, 2000 FOR RULES 403.1 AND 1146; AND 2) SET PUBLIC HEARINGS JULY 21, 2000 FOR PROPOSED RULES 1192 AND 1193. THE MOTION WAS SECONDED BY MR. BERNSON.

The following individuals addressed the Board to speak on Items 2(A) and 2(B):

RON EICKELMAN, Structure Composites, Inc.

JERILYN L. MENDOZA, Attorney, Environmental Defense

*JULIE MASTERS, Attorney, Natural Resources Defense Council

*LEE WALLACE, Sempra Energy

GEORGE LAUX, Chart Industries

GEORGE R. EARL, Sunline Transit Agency

ANDREW LITTLEFAIR, Pickens Fuel Corp.

PATRICK HUTSON, Applied LNG Technologies

STEVE ANTHONY, Southern California Gas Company

TODD CAMPBELL, Coalition for Clean Air

CLIFF GLADSTEIN, California League of Conservation Voters

JAMES GALANTE, NGV Ecotrans
*Submitted Written Comments

Urged the Board to set hearings on Proposed Rules 1192 and 1193 for June 16, 2000, as recommended by staff, for the following reasons:

1) Diesel exhaust has been known to be a carcinogen under Proposition 65 since 1990. It is a known reproductive toxin, and has recently been listed by CARB as an air toxic contaminant. According to the MATES-II study, diesel exhaust is responsible for over 70 percent of the cancer risk in this region's air. The fleet rules, which will force public fleets to move from diesel to alternative fuel, are, therefore, critical to protecting public health and should be adopted by the Board as soon as possible.

2) The AQMD has held over a hundred meetings on the proposed fleet rules since approximately November 1999. Industry, public agencies, and environmental groups have all actively participated in workshops, working groups, and discussion with staff and have had ample opportunity to comment and aid in the development of the proposed rules. Consideration of the fleet rules has already been delayed several months, and District staff is now ready to move forward with the rules. The only thing to be gained by further delay is more time for public agencies to make eleventh-hour purchases of diesel buses and trucks before the AQMD's rules take effect.

Concern was also expressed regarding dissemination of misinformation with respect to CNG being a fire hazard, as well as misinformation concerning the availability of engines and items for alternative fuels. Mr. Wallace submitted to the Board copies of a Clean Cities Fact Sheet entitled, "Natural Gas Buses: Separating Myth from Fact."
Mr. Galante submitted for the record a copy of a video documenting a number of destructive tests--crash, handgun and rifle fire, dynamite--that were performed on a fully pressurized CNG cylinder, which remained intact without any ruptures.

Dr. Wilson commented that the Riverside Transit Agency had recently voted to purchase 47 diesel buses and 47 natural gas buses, which appeared to him to be an effort to get ahead of the District's fleet rules.

ROBERT H. SULNICK, South Coast Clean Air Partnership

STEPHANIE WILLIAMS, California Trucking Association

JIM AMBROSO, Browning-Ferris Industries

DAVE SMITH, BP Amoco

JODIE MULLER, Western States Petroleum Association

Expressed support for the motion by Dr. Coad to set the hearings on PR 1192 and PR 1193 for July, instead of June, for the following reasons:

1) The staff report for PR 1192 only became available to the public on May 17, 2000 and the staff report on PR 1193 on May 18, 2000. While the proposed rules have existed for several months, they have been changing and the information has been updated. Additional time is needed to review the staff reports and analyze the information.

2) The U.S. EPA's fleet rules allow for the usage of low-sulfur diesel. The delay of the hearings on Proposed Rules 1192 and 1193 should be used by the AQMD to consider the viability of including in its fleet rules low-sulfur diesel of 15 ppm with aftertreatment technology.

Ms. Glover expressed concern that changing the proposed fleet rules to address concerns by the diesel industry that the rules would make diesel non-competitive could undermine the purpose of the rules.

PAUL BECK, Clean Air Partners, Inc.

Raised two issues regarding PR 1193: 1) The rule does not require low-emission engines; it only requires alternative fuels. He suggested that the proposed rule be modified to require CARB-certified low-emission, low-NOx engines. 2) His company has developed natural gas engine technology, with funding from AB 2766 and Carl Moyer Programs, that has specifically been excluded from the rule. (Submitted Written Comments)

Indicating that he believed Mr. Beck was looking at an earlier version of PR 1193 and that some of his concerns had been addressed, Dr. Wallerstein suggested that
Mr. Beck meet with District staff.

(Mr. Antonovich arrived at 9:30 a.m. and Mr. Loveridge arrived at 9:45 a.m., during public comments)

Commenting that he and other Board members had been lobbied by the pro-diesel industry for months, and he believed 30 days was sufficient time for industry to analyze the staff reports for Proposed Rules 1192 and 1193,

DR. WILSON MADE A SUBSTITUTE MOTION TO SET PUBLIC HEARINGS JUNE 16, 2000 ON PROPOSED RULES 1192 AND 1193 AND RULES 403.1 AND 1146, AS RECOMMENDED BY STAFF. THE MOTION WAS SECONDED BY MS. GLOVER.

Mr. Bernson expressed his belief that the move away from diesel to alternative fuels is important; however, the Board needs to consider what is to be done regarding existing diesel vehicles. He requested that staff report back to the Board at its June 16, 2000 meeting on the possibility of the Board imposing a requirement for any diesel vehicle that is purchased, not just those covered by AQMD rules: 1) to use low-sulfur or clean diesel, and 2) to be equipped with a particulate trap. In addition, he indicated that he would seek legislation or amendment to legislation in Sacramento which is now germane or can be enacted this year that will give AQMD the authority to require retrofit for the future of existing diesel vehicles. He expressed his support for a 30-day delay in the public hearings in order to give everyone an opportunity to speak out on the issues and concerns they have, and for the Board to weigh those issues and concerns before it takes action on the proposed rules.

Mr. Antonovich commented that he was a strong supporter of natural gas; however, he supported a delay of the public hearings on PR 1192 and PR 1193 to allow the public, and Board members' staffs as well, time to review the staff reports.

Mr. Mikels and Mr. Paulitz commented in support of holding the hearings at the June 16 Board meeting, and noted that the Board could continue the hearings to a later date if the Board, at that time, felt it necessary.

Ms. Verdugo-Peralta expressed her support for going forward with the public hearings in June, noting that her concern is that the people who are going to be subjected to whatever the Board decides on are going to be low-income minorities, who make up the majority of riders on the mass transit system. She indicated that she was also interested in hearing more about the existence and availability of alternative fuels that are equivalent to CNG.

Dr. Coad clarified that her request for a postponement was not a result of her being lobbied, but that she had difficulty with a regulation that would effectively eliminate research and development on fuels other than LNG and CNG. She expressed her belief that the logical, free enterprise/free market decision would be to make the fleet rules fuel-neutral, with an emission threshold. She requested the delay so that she could obtain legal counsel's opinion on the issue.

District Counsel Barbara Baird responded that she believes the Board could allow an equivalent method of compliance using other types of fuels, but toxicity should be included in that concept of equivalence. She cautioned the Board, however, that care must be taken in drafting of any such allowance to ensure consistency with state law.

Dr. Coad requested that District Counsel provide each Board member with a written copy of her response. She noted that this was new information, and that is why she recommended a delay of the hearings.

THE SUBSTITUTE MOTION BY DR. WILSON, SECONDED BY
MS. GLOVER, TO SET PUBLIC HEARINGS JUNE 16, 2000 ON PROPOSED RULES 1192 AND 1193 AND RULES 403.1 AND 1146, AS RECOMMENDED BY STAFF, PASSED BY THE FOLLOWING VOTE:

AYES: Burke, Carney [except Item #2(B)], Glover, LaPisto-Kirtley, Loveridge, Mikels, Paulitz, Verdugo-Peralta, and Wilson.

NOES: Antonovich, Bernson, and Coad.

ABSTAIN: Carney [Item #2(B) only].

ABSENT: None.

BOARD CALENDAR

30. Administrative Committee

31. Finance Committee

32. Investment Oversight Committee

33. Legislative Committee

34. Mobile Source Committee

35. Stationary Source Committee

36. Technology Committee

37. Mobile Source Air Pollution Reduction Review Committee

38. Air Resources Board Monthly Report

ON MOTION OF MR. MIKELS, SECONDED BY
MS. GLOVER, AND UNANIMOUSLY CARRIED (Absent: Antonovich, Bernson, Burke, and Coad), THE BOARD RECEIVED AND FILED AGENDA ITEMS 30 THROUGH 38, AND ADOPTED THE FOLLOWING POSITIONS ON LEGISLATION, AS RECOMMENDED:

AB 1775 (Lowenthal) -- Petroleum Coke Dust    Watch
AB 1877 (Maldonado) -- Air District Rules and Regulations
 
Watch/SeekAmendment;
then Support
AB 2129 (McClintock) -- HOV Lane Standards

Oppose Unless Amended

AB 2237 (Maldonado) -- Environmental Building Expenses Support
AB 2576 (Briggs) -- Gasoline Vapor Control Systems Oppose
SB 2037 (Alarcon) -- Environmental Building Expenses Support

39. Notification of Office of Environmental Health & Hazard Assessment Finalization of Chronic
      Reference Exposure Levels

Dr. Wallerstein commented that this item provided notification to the Board and the public consistent with the Board's recently adopted amendments to Rule 1402. Staff will report back to the Board in August with a detailed analysis of the impact of adding to Rule 1402 the compounds for which OEHHA has finalized reference exposure levels, with the changes to the unit risk factor.

ON MOTION OF MS. LaPISTO-KIRTLEY, SECONDED BY
MS. GLOVER, AND CARRIED UNANIMOUSLY, THE BOARD RECEIVED AND FILED AGENDA ITEM NO. 39, AS RECOMMENDED BY STAFF.

PUBLIC HEARINGS

40. Amend Rule 216 - Appeals

Jack Broadbent, DEO/Planning, Rule Development, and Area Sources, reported that staff recommended amending Rule 216 to make it consistent with state law, which allows 30 days for a person to appeal to the Hearing Board. District Rule 216 currently allows 10 days to file an appeal.

The public hearing was opened. There being no requests from the public to comment on this item, the public hearing was closed.

ON MOTION OF MR. LOVERIDGE, SECONDED BY MS. GLOVER, AND CARRIED UNANIMOUSLY, THE BOARD ADOPTED RESOLUTION NO. 00-11, AMENDING RULE 216 AND CERTIFYING THE EXEMPTION FROM CEQA REQUIREMENTS, AS RECOMMENDED BY STAFF.

41. Amend Rule 219 - Equipment Not Requiring a Permit Pursuant to Regulation II and Rule 222 - Filing Requirements for Specific Emission Sources Not Requiring a Permit Pursuant to Regulation II

In the interest of time, staff waived an oral report on this item. The public hearing was opened, and the Board heard testimony from the following individual:

BOB NICKSIN, Sempra Energy/Southern California Gas Company

1) Expressed opposition to PAR 222 because of concerns that: i) the proposed
$100-registration fee for small boilers would generate $1.2 million in revenue for the District, without any air quality improvement; ii) PAR 222 would require information that is not readily available, such as gas throughput, and small boiler users may need the assistance of consultants; and (iii) many of the small boiler users, who are regulated by District Rule 1146.2, are unaware of PAR 222 and will have no idea of their compliance responsibilities.

2) Noting that District staff is due to report to the Board at its July 21 meeting regarding the implementation study on Rule 1146.2, requested that the Board delay the public hearing on PAR 222 until after the Rule 1146.2 report in July.

At Mr. Bernson's request, Lee Lockie, Area Sources Director, gave the staff report on PAR 222. With regard to the comment by Mr. Nicksin that consultants may be needed to prepare the data for the required reports, Ms. Lockie noted that staff had met with a Sempra Energy representative before the Board meeting and agreed that the District would not require information on annual usage for boilers under 9,000 therms. Also, because staff found there was a high rate of noncompliance with Rule 1146.1 (large boilers), staff believes the proposed filing program under PAR 222 for the small boilers is a good way to give advanced notice of
Rule 1146.2 requirements, which become effective in 2002, to those equipment owners who may not be aware of the requirements.

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

ON MOTION OF MR. LOVERIDGE, SECONDED BY MS. GLOVER, AND CARRIED UNANIMOUSLY (Absent: Mikels and
Verdugo-Peralta), THE BOARD ADOPTED RESOLUTION NO. 00-12, AMENDING RULES 219 AND 222 AND CERTIFYING THE EXEMPTION FROM CEQA REQUIREMENTS, AS RECOMMENDED BY STAFF.

The public hearings on Agenda Items No. 42 and No. 43 were combined.

42. Amend Regulation III - Fees

43. Adopt Executive Officer's FY 2000-01 Budget and Work Program

Patrick Pearce, Chief Financial Officer, gave the staff report on the proposed FY 2000-01 Budget and Work Program.

In response to Chairman Burke, Dr. Wallerstein noted that, in an effort to further computerize the District's documentation and reduce paper usage, staff is developing a program whereby the monthly Board meeting agenda package will be available on CD.

The public hearing was opened, and the Board heard testimony from the following individuals:

JODIE MULLER, Western States Petroleum Association (WSPA)

Expressed opposition to the proposed 8.1 percent increase in annual emission fees, which is in addition to the proposed 2.9 percent CPI increase in fees across the board. Commented that District staff was also suggesting further increases for FY 2001-02. Expressed concern with these two proposals, and suggested further review by the Board, because: i) large sources should not have to pay extra fees to subsidize small sources; 2) large sources are in compliance with District requirements and should not be penalized; 3) it is the experience of WSPA's member companies that there has been little effort to streamline the permitting process, even after a district-appointed task force made numerous recommendations to do so; 4) other air districts are only increasing permit fees, not emission fees, which would greatly increase revenue as compared to a similar increase in permit fees.

 Dr. Wallerstein clarified that 20 of the 37 recommendations from the Permit Streamlining Task Force have been fully implemented, and 9 have been more than 50 percent implemented. He noted that he is forming a group in June to work with the business community on the issue of stabilizing AQMD revenues. He indicated that he has also agreed, as part of next year's budget process, to include a further discussion of the issue of mandatory/non-mandatory items. He also committed to the business community that he would recommend to the Board that the new working group have an opportunity to meet with the Board's Finance Committee to discuss these items.

CURTIS COLEMAN, Attorney, on behalf of California Manufacturers and Technology Association, Southern California Air Quality Alliance

Commented that he has served on the AQMD's Budget Advisory Committee for a number of years and believes the proposed budget is generally a good and responsive effort by the staff to meet the goals that the Board has set and the policies the Board wants implemented, while minimizing the fee increases to the regulated community. However, he expressed concern regarding: i) the length of time it takes for the District to issue permits; and (ii) the continuing proclivity to increase the emission fee--which is only charged to sources that emit 4 tons or more a year--as a basis for increasing the District's revenues. Noting that there are small sources that do not pay emissions fees at all, he suggested that the District consider ways of broadening the base and developing a more stable source of revenue to fund its programs. He also suggested a clearer delineation in the work program and in the budget development process of mandated programs versus discretionary programs, and that as new programs are proposed, the Board consider whether those programs are mandated or discretionary and what the costs are and the source of funding.

LEE WALLACE, Sempra Energy/Southern California Gas Company

Expressed support of the proposed budget and fee increases. Commented that the recommendations from the Permit Streamlining Task Force should help resolve the permit processing problem, if those recommendations can be fully implemented. Expressed their belief that it is sending a contrary message with emission fees if those who are striving to reduce emissions have to pay the same amount, or more, each year.

BILL QUINN, California Council for Environmental and Economic Balance

Expressed concern regarding the backlog in permitting, and expressed his desire to work with the AQMD to develop a system that ties at least a portion of the fee increase to AQMD performance.

GERALD BONETTO, Printing Industries Association Small Business Alliance

Expressed opposition to the proposed budget and fee increases, and suggested that the District needs to examine funding for activities which may be valuable, but do not specifically reduce emissions.

(Mr. Mikels left at 11:10 a.m., during public testimony)

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

Written Comments Submitted by:
Tim Carmichael, Coalition for Clean Air, and Gail Ruderman-Feuer, NRDC

Dr. Wallerstein emphasized that staff has held back the last few years on raising fees as best as it could and is attempting to do that again this year. Regarding the permit backlog, he pointed out that AQMD is processing the same number of permits now as it did when it had twice the number of permit processing engineers. He noted, in response to Mr. Antonovich, that there are other districts that do not have emission fees, and collect revenue through their permit fees. Also, a number of the large districts have been increasing their fees by a larger percentage than the AQMD. Mr. Pearce clarified that the District does not have an organized plan to continually increase the fees each year.

Dr. Wallerstein noted that copies of an addendum to Agenda Item No. 42 had been distributed to the Board which contained additional language for the Resolution and a modification to PAR 301 relating to the Rule 222 equipment that was acted upon earlier by the Board (Agenda Item No. 41), as follows: 

Additional Resolution language:

" WHEREAS, the AQMD Governing Board has determined that the additional revisions are not significant within the meaning of California Environmental Quality Act Guidelines Section 15088.5 and California Health and Safety Code Section 40726; and"

Modification to Subparagraph (x) of PAR 301:

(x)(3) Annual Renewal Fee

On the annual renewal date set by the Executive Officer, the owner/operator of a source subject to Rule 222 shall pay a renewal fee of $100 102.90 for each source subject to that rule. charbroilers, negative air machines, and retrofitted boilers and process heaters.

Mr. Antonovich requested that the Board vote separately on the 8.1 percent increase and the 2.9 percent increase proposed.

MS. GLOVER MOVED TO:

1) ADOPT RESOLUTION NO. 00-13, AMENDING REGULATION III - FEES AND CERTIFYING THE EXEMPTION FROM CEQA REQUIREMENTS, AS RECOMMENDED BY STAFF, EXCEPT FOR THE PROPOSED 8.1 PERCENT INCREASE IN ANNUAL EMISSION FEES, WITH THE FOLLOWING MODIFICATIONS TO THE RESOLUTION AND RULE 301:

Add to the Resolution:

" WHEREAS, the AQMD Governing Board has determined that the additional revisions are not significant within the meaning of California Environmental Quality Act Guidelines Section 15088.5 and California Health and Safety Code Section 40726; and"

Revise Subparagraph (x) of Rule 301:

(x)(3) Annual Renewal Fee

On the annual renewal date set by the Executive Officer, the owner/operator of a source subject to Rule 222 shall pay a renewal fee of $100 102.90 for each source subject to that rule. charbroilers, negative air machines, and retrofitted boilers and process heaters.

 

2) REMOVE FROM RESERVES AND DESIGNATIONS ALL AMOUNTS ASSOCIATED WITH THE FY 1999-2000 BUDGET;

3) APPROVE TOTAL APPROPRIATIONS OF $86,907,170;

4) APPROVE AN UNDESIGNATED FUND BALANCE OF $10,133,325 AND TOTAL RESERVES AND DESIGNATIONS OF $22,508,025;

5) RECOGNIZE ESTIMATED REVENUES OF $85,325,200; AND

6) ADOPT RESOLUTION NO. 00-14, AMENDING THE SALARY RESOLUTION TO DELETE FROM AQMD'S CLASSIFICATION PLAN THE MANAGER CLASSIFICATION OF HEALTH EFFECTS OFFICER.

THE MOTION WAS DULY SECONDED, AND CARRIED BY THE FOLLOWING VOTE:

AYES: Antonovich, Bernson, Burke, Carney, Coad, Glover, LaPisto-Kirtley, Loveridge, Verdugo-Peralta, and Wilson.

NOES: Paulitz.

ABSENT: Mikels.

DR. WILSON MOVED APPROVAL OF THE PROPOSED ADDITIONAL 8.1 PERCENT INCREASE IN ANNUAL EMISSION FEES. THE MOTION WAS SECONDED BY MS. GLOVER, AND CARRIED BY THE FOLLOWING VOTE:

AYES: Burke, Carney, Coad, Glover, LaPisto-Kirtley, Loveridge, Paulitz, Verdugo-Peralta, and Wilson.

NOES: Antonovich and Bernson.

ABSENT: Mikels.

 

OTHER BUSINESS

45. Execute Lease Agreement for a Management Firm to Operate Diamond Bar Headquarters Childcare Center

Requests to address the Board in support of the staff recommendation on this item were submitted by three individuals, who, in the interest of time, waived comment.

ON MOTION OF MS. LaPISTO-KIRTLEY, DULY SECONDED AND CARRIED UNANIMOUSLY (Absent: Mikels), THE BOARD APPROVED AGENDA ITEM NO. 45 AS RECOMMENDED BY STAFF.

46. Approve Compensation Package for Designated Deputy

Dr. Wallerstein commented that staff recommended the Board approve the compensation package for the new Health Effects Officer, Dr. Jean Ospital.

ON MOTION OF DR. COAD, SECONDED BY MS. LaPISTO-KIRTLEY, AND CARRIED UNANIMOUSLY (Absent: Mikels), THE BOARD APPROVED AGENDA ITEM NO. 46 AS RECOMMENDED BY STAFF.

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.

CLOSED SESSION

44. Closed Session

Ms. Baird requested that the Board add, by a two-thirds vote, an additional closed session item regarding a conference with negotiators regarding real estate. Regarding the urgency of the matter, Dr. Wallerstein explained that it was necessary for staff to brief the Board regarding competing offers, which only came to his attention subsequent to the posting of the agenda for the May 19, 2000 Board meeting.

ON MOTION OF DR. WILSON, SECONDED BY DR. COAD, AND CARRIED UNANIMOUSLY (Absent: Mikels), THE BOARD DETERMINED THAT: 1) IT WAS NECESSARY TO TAKE ACTION TO ADD AN ITEM WHICH DID NOT APPEAR ON THE POSTED AGENDA, CONFERENCE WITH NEGOTIATORS REGARDING REAL ESTATE, TO THE BOARD'S CLOSED SESSION; AND 2) THAT THE NEED TO TAKE ACTION AROSE SUBSEQUENT TO THE POSTING OF THE MAY 19, 2000 BOARD MEETING AGENDA.

 The Board recessed to closed session at 11:45 a.m., pursuant to Government Code Sections:

ADJOURNMENT

Following closed session, District Counsel Barbara Baird announced that a written report of actions taken by the Board in closed session would be available in the Clerk of the Board�s Office after the meeting; and the meeting was adjourned by Chairman Burke.

The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on May 19, 2000.

Respectfully Submitted,

SAUNDRA McDANIEL
Senior Deputy Clerk

Date Minutes Approved: ________________________

____________________________________________
William A. Burke, Ed.D., Chairman

 


ACRONYMS

AB = Assembly Bill
CARB = California Air Resources Board
CEQA = California Environmental Quality Act
CNG = Compressed Natural Gas
DEO = Deputy Executive Officer
FY = Fiscal Year
LNG = Liquefied Natural Gas
NRDC = Natural Resources Defense Council
OEHHA = Office of Environmental Health & Hazard Assessment
PAR = Proposed Amended Rule
RFP = Request for Proposals
RFQ = Request for Quotations
SB = Senate Bill