SUMMARY MINUTES OF THE
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
FEBRUARY 18, 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:
Dr. William Burke, Chairman
Speaker of the Assembly AppointeeCouncilmember Norma J. Glover, Vice Chairman
Cities of Orange CountyCouncilmember Hal Bernson
Cities of Los Angeles County - Western RegionSupervisor Cynthia P. Coad, Ed.D.
County of OrangeMayor Beatrice J. S. LaPisto-Kirtley
Cities of Los Angeles County - Eastern RegionMs. Mee H. Lee
Senate Rules Committee AppointeeSupervisor Jon D. Mikels
County of San BernardinoMayor Pro Tem Leonard Paulitz
Cities of San Bernardino County
Members Absent:
Supervisor Michael D. Antonovich
County of Los AngelesMayor Ronald O. Loveridge
Cities of Riverside CountySupervisor S. Roy Wilson, Ed.D.
County of Riverside
Vacant:
Governor’s Appointee
Chairman Burke called the meeting to order at 9:35 a.m.
• Swearing in of Reappointed Board Member
Chairman Burke administered the oath of office to Mayor Pro Tem Leonard Paulitz, who was reappointed by the Cities Selection Committee as the Cities of San Bernardino County's representative on the Governing Board for a term ending January 15, 2004.
• Presentation of Retirement Award to Ted Polychronis
Chairman Burke presented a retirement award to Senior Air Quality Engineer Ted Polychronis, in recognition of Mr. Polychronis's continuous service of nearly 34 years to the citizens of the Greater Los Angeles area.
• Opening Comments
Ms. Coad. Commending Mr. Polychronis and the entire AQMD staff, particularly those who work in the field, commented that she is spearheading cleanup efforts in unincorporated areas of Orange County and it is extremely heartening for her to see how AQMD field staff are working with the County of Orange Code Enforcement to clean up extremely contaminated areas that have been negatively affecting community residents for a long time.
Chairman Burke. 1) Presented to the Clerk of the Board, Ms. Jackie Dix, a catalog from which to select the award of her choice in commemoration of her 35 years of outstanding service with the County of Los Angeles and with the AQMD since its establishment in 1977.
2) Introduced three students from Ralph Bunche Middle School in Compton, California, who participated recently in the annual Future Cities Competition held at the California Science Center. The students' entry was selected as the future city with the best air quality considerations-- a city with no streets, a zero-emission public transportation system, solar powered utilities, a state-of-the-art waste management system, and a dedicated rail network to transport goods to and from the outskirts of town. A videotape of the students' presentation at the competition was shown and the model of their future city was displayed at the Board meeting. Chairman Burke, on behalf of the AQMD, presented plaques to each of the students and the teacher who guided them through the process in appreciation of their air quality consideration.
Agenda Item No. 31 was taken out of order.
OTHER BUSINESS
31. Adopt Resolution Supporting Railhaul of Non-Hazardous, Non-Recyclable Solid Waste to Distant, Environmentally-Sound Landfills
Written Comments Submitted by:
Stephen R. Maguin, County Sanitation Districts of Los Angeles County
CHAIRMAN BURKE REFERRED THE ITEM TO THE STATIONARY SOURCE COMMITTEE FOR REVIEW.
CONSENT CALENDAR
1. Minutes of January 21, 2000 Board Meeting
2. Set Public Hearings March 17, 2000 to Consider Amendments and/or Adoption to AQMD Rules and Regulations
(A) Rule 1150.1 Control of Gaseous Emissions from Municipal Solid Waste Landfills
(B) Rule 1401 - New Source Review of Toxic Air Contaminants and Rule 1402 - Control of Toxic Air Contaminants from Existing Sources
3. Approve Compensation Packages for Designated Deputies
4. Approve Classification and Compensation Recommendations
5. Authorize AQMD Membership in California Fuel Cell Partnership as Full Partner
(staff recommended this item be continued to the March 17, 2000 Board meeting)
6. Execute Agreement to Cost-Share Determination of Non-Registration Rates of On-Road Vehicles
(staff recommended this item be continued to the March 17, 2000 Board meeting)
7. Execute Contract to Co-Sponsor Evaluation of Impacts and Benefits of Hybrid Electric Vehicles
8. Re-Issue RFP to Solicit Marine Projects for FY 1999-00 Carl Moyer Memorial Air Quality Standards Attainment Program Funding
9. Approve Change in Contractor for 14 EVCharge Applications within MSRC's FY 1997-99 AB 2766 Discretionary Fund Work Program; and Approve Additional Funding for Statewide EV Infrastructure Incentive Program within MSRC's FY 1999-00 AB 2766 Discretionary Fund Work Program
10. Execute Contracts for Short- and Long-Term Systems Development and Support Services
11. Modify Board Meeting Time for Calendar Year 2000
12. Public Affairs Report
13. Hearing Board Variances and Appeals
14. Civil Filing and Civil Penalties Report
15. Rule and Control Measure Forecast
16. Lead Agency Projects and Environmental Documents Received by the AQMD
17. Status Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 1999-2000
18. Audit for FY Ended June 30, 1999
Agenda Items No. 5 and No. 6 were continued to the March 17, 2000 Board meeting; and Items No. 2(B) and No. 11 were held for discussion.
ON MOTION OF MS. LaPISTO-KIRTLEY, SECONDED BY DR. COAD AND UNANIMOUSLY CARRIED (Absent: Antonovich, Lee, Loveridge, and Wilson), THE BOARD APPROVED AGENDA ITEMS 1, 2(A), 3, 4, 7 THROUGH 10, AND 12 THROUGH 18, AS RECOMMENDED BY STAFF.
19. Items Deferred from Consent Calendar
11. Modify Board Meeting Time for Calendar Year 2000
Mr. Paulitz called for a vote on the recommendation to change the Board meeting time from 9:30 a.m. to
9:00 a.m., and Board members cast their votes as follows:
AYES: Bernson, Burke, Coad, Glover, LaPisto-Kirtley, and Lee.
NOES: None.
ABSTAIN: Mikels and Paulitz.
ABSENT: Antonovich, Loveridge, and Wilson.
There being no action taken by the Board because of a lack of seven concurring votes, Agenda Item No. 11 was, by operation of procedure, continued to the March 17, 2000 Board meeting.
2. Set Public Hearing March 17, 2000 to Consider Amendments and/or Adoption to AQMD Rules and Regulations
(B) Rule 1401 - New Source Review of Toxic Air Contaminants and
Rule 1402 - Control of Toxic Air Contaminants from Existing Sources
Mr. Curtis Coleman, Attorney at Law, addressed the Board on behalf of the California Manufacturers Association Southern California Air Quality Alliance, the Small Business Alliance, and the California Council for Environmental and Economic Balance. He requested that at the March 17, 2000 public hearing on PAR 1402 the Board depart from its normal procedure of limiting public comment to 3 minutes per person to allow a representative for the regulated community and a representative for the environmental community approximately 15 to 20 minutes to make a coherent presentation.
Indicating that from discussions he has had with the environmental community representatives, he believes they are agreeable to Mr. Coleman's request, Dr. Wallerstein clarified that the viewpoints on PAR 1402 are diverse and the issues are complex, thus each of the two key viewpoints desires an opportunity to provide an overview. He expressed his belief that it would be helpful for the board to hear an overview of the two key viewpoints at the beginning of public testimony, but noted that there will likely be many community members at the March 17 hearing who would not be willing to trade their opportunity to address the Board individually for a 15-minute presentation.
The consensus of the Board was to hear two 15-minute presentations on the key viewpoints by a representative of the regulated community and a representative of the environmental community at the March 17, 2000 public hearing on Rule 1402. Individual public comments, with the normal time limit of 3 minutes per person, would then be allowed.
Written Comments Submitted by:
Suzana Tapia, Communities for a Better Environment
ON MOTION OF MS. GLOVER, SECONDED BY MS. LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED (Absent: Antonovich, Loveridge, and Wilson), THE BOARD APPROVED AGENDA ITEM NO. 2(B) AS RECOMMENDED BY STAFF, SETTING A PUBLIC HEARING MARCH 17, 2000 ON RULES 1401 AND 1402.
BOARD CALENDAR
20. Administrative Committee
21. Investment Oversight Committee
22. Mobile Source Committee
23. Stationary Source Committee
24. Technology Committee
25. Mobile Source Air Pollution Reduction Review Committee
26. Approve Monitoring, Recordkeeping, and Reporting Task Force Recommendations to Streamline Recordkeeping for Dry Cleaning Operations
ON MOTION OF MR. BERNSON, SECONDED BY DR. COAD, AND UNANIMOUSLY CARRIED (Absent: Antonovich, Loveridge, and Wilson), THE BOARD RECEIVED AND FILED AGENDA ITEMS 20 THROUGH 25 AND APPROVED AGENDA ITEM NO. 26, AS RECOMMENDED.
PUBLIC HEARINGS
27. Final Resolution of Unresolved AB 2766 Program Audit Findings and Recommendations
Rick Pearce, Director of Finance, briefly summarized the item. Ms. LaPisto-Kirtley indicated her concurrence with the recommendation that staff develop guidance to clarify how AB 2766 monies should be used for alternative fuel purchases, and suggested that staff also develop clearer guidance regarding measurable emission reductions from cities expenditure of AB 2766 funds.
Indicating his agreement with Ms. LaPisto-Kirtley, Mr. Paulitz suggested that PR 1190, which will require cities to purchase clean vehicles, also be taken into consideration by staff and the ARB when developing guidance for use of AB 2766 funds by cities.
In response to a question by Mr. Mikels regarding the time frame for the socioeconomic impact analysis on PR 1190, Jack Broadbent, Asst. DEO/Planning, Rule Development, & Area Sources, indicated that staff had recently decided to propose that the components of PR 1190 be divided into several separate rules. Staff proposes to bring two rules before the Board for consideration at its April 21, 2000 meeting: PR 1191, which addresses light medium-duty public fleet vehicles; and PR 1192, which addresses transit buses. Staff intends to bring proposed rules addressing the remaining components to the Board for consideration at subsequent board meetings. Staff will release a comprehensive socioeconomic assessment in March 2000 (to be brought to the Board at its April 21, 2000 meeting) which will provide an overall emission reduction estimate for all the subparts of what was originally PR 1190. As the individual rule proposals are refined, staff will also define for the Board the specific emission reductions benefits of each of the rules.
Mr. Bernson asked that staff provide to the Board a list of what vehicles would be included in each of the proposed rules before the rules are brought before the Board for adoption.
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 DR. COAD, SECONDED BY MS. GLOVER, AND CARRIED UNANIMOUSLY (Absent: Antonovich, Loveridge, and Wilson), THE BOARD APPROVED AGENDA ITEM NO. 27 AS RECOMMENDED BY STAFF:
1) RESOLVING THE AUDIT FINDING BY ALLOWING THE PURCHASE OF FUEL UTILIZING AB 2766 FUNDS FOR THE AUDIT YEAR FOR THE CITIES OF DUARTE AND MANHATTAN BEACH;
2) INSTRUCTING STAFF TO DEVELOP GUIDANCE IN CONSULTATION WITH THE ARB FOR FUTURE YEARS, CLARIFYING THE USE OF AB 2766 FUNDS FOR ALTERNATIVE FUEL PURCHASES INCLUDING A DETERMINATION WHETHER THE FULL COST OR ONLY THE INCREMENTAL DIFFERENCE BETWEEN GASOLINE/DIESEL AND ALTERNATIVE FUEL COSTS WOULD BE ALLOWABLE; AND
3) INSTRUCTING STAFF TO PROVIDE CLEARER GUIDANCE REGARDING MEASURABLE EMISSION REDUCTIONS FROM CITIES EXPENDITURE OF AB 2766 FUNDS.
28. Receive Public and Board Member Input on Executive Officer's Priority Goals for FY 2000-01
Mr. Pearce briefly summarized the item and highlighted the three main goals for FY 2000-01: 1) Ensure Expeditious Progress toward Clean Air; 2) Ensure Equitable Treatment for All Communities; and 3) Operate Efficiently and in a Manner Sensitive to Businesses.
The public hearing was opened, and the Board heard testimony from the following individual:
JOHN BILLHEIMER, Small Business Coalition
Commented that at the time the goals and objectives were first formed, the District mainly considered major sources and big businesses as the source of air pollution. Presently, many of the 1,000 major sources in the district are nearly at the state-of-the-art in terms of emission control. He suggested that future work may have to focus on the approximately 26,000 minor sources--approximately 25,000 of which have VOC emissions of l lb./day or less--and it may require a rephrasing of certain goals and objectives.
At Dr. Wallerstein's recommendation, Chairman Burke agreed to have staff meet with Mr. Billheimer to discuss the figures he provided, and provide a report to the Stationary Source Committee.
ON MOTION OF MS. GLOVER, SECONDED BY MS. LaPISTO-KIRTLEY, AND UNANIMOUSLY CARRIED (Absent: Antonovich, Loveridge, Paulitz, and Wilson), THE BOARD SET A PUBLIC HEARING MAY 19, 2000 ON ADOPTION OF THE FY 2000-01 AQMD BUDGET.
OTHER BUSINESS (Continued)
30. Employee Transportation Coordinator Training Services
Carol Gomez, Transportation Programs Manager, gave a slide presentation on the item.
ON MOTION OF MS. LaPISTO-KIRTLEY, SECONDED BY DR. COAD, AND UNANIMOUSLY CARRIED (Absent: Antonovich, Loveridge, and Wilson), THE BOARD DIRECTED STAFF TO CONDUCT RULE 2202 EMPLOYEE TRANSPORTATION COORDINATOR TRAINING ON A MONTHLY BASIS FOR EMPLOYERS CHOOSING TO IMPLEMENT EMPLOYEE COMMUTE REDUCTION PROGRAMS, AND TO CHARGE $50 PER ATTENDEE TO OFFSET ESTIMATED EXPENSES, 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
29. Closed Session
The Board recessed to closed session at 10:32 a.m., pursuant to Government Code Sections:
§ 54956.9(a), to confer with counsel regarding pending litigation which has been initiated formally and to which the District is a party--the actions are SCAQMD v. EPA, United States District Court Case No. CV 98-9789-HLH (ANx) and In re Affected Coatings Cases, Judicial Council Coordination Proceeding No. 4094; and
§ 54956.9(c) to confer with its counsel to decide, based on existing facts and circumstances, whether to initiate litigation (1 case) and to discuss a case in which it has decided to initiate litigation (1 case).
ADJOURNMENT
Following closed session, District Counsel Barbara Baird announced that there was no action taken in closed session to report; 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 February 18, 2000.
Respectfully Submitted,
SAUNDRA McDANIEL
Senior Deputy Clerk
Date Minutes Approved: ________________________
____________________________________________
Dr. William Burke, Chairman
ACRONYMS
AB = Assembly Bill
DEO = Deputy Executive Officer
EPA = Environmental Protection Agency
EV = Electric Vehicle
FY = Fiscal Year
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
PAR = Proposed Amended Rule
PR = Proposed Rule
RFP = Request for Proposals
VOC = Volatile Organic Compound