GOVERNING BOARD AGENDA
MEETING, January 5, 2007

A meeting of the South Coast Air Quality Management District Board will be held at 9:00 a.m., in the Auditorium at AQMD Headquarters, 21865 Copley Drive, Diamond Bar, California. Most agenda items are described in a “Board Letter” which may be accessed by clicking the appropriate link below. Some Board Letters also have attachments in various formats, such as .doc, .xls, .ppt, .pdf, .zip, .exe, and others. Attachments may be accessed for viewing or downloading by clicking on the word “Attachment” at the end of the Board Letter. For help in downloading “.exe” or “.zip” files, please click here.

The agenda and documents in the agenda packet will be made available upon request in appropriate alternative formats to assist persons with a disability. Disability-related accommodations will also be made available to allow participation in the Board meeting. Any accommodations must be requested as soon as practicable. Requests will be accommodated to the extent feasible. Please telephone the Clerk of the Boards Office at (909) 396-2500 from 7:00 a.m. to 5:30 p.m. Tuesday through Friday.

Pledge of Allegiance

Opening Comments:

• William A. Burke, Ed.D., Chair
• Other Board Members
• Barry R. Wallerstein, D. Env., Executive Officer
• Swearing In of Board Members, Burke

   

Note: Consent Calendar items held for discussion will be moved to Item No. 21.

1. Minutes of December 1, 2006 Board Meeting
McDaniel (909) 396-2500
(smcdaniel@aqmd.gov)

2. Set Public Hearing February 2, 2007 to Receive Public Input on Executive Officer’s Priority Goals for FY 2007-08
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)

A set of priority goals for the FY 2007-08 Budget has been developed. The Executive Officer wishes to receive public and Board Member input on these priority goals as they serve as the foundation of the AQMD’s Work Program.
 

Budget/Fiscal Impact

3. Execute Contract for Student Co-op Program
Ganguli (909) 396-3185
(aganguli@aqmd.gov)

Since August 1995, AQMD has contracted with the Cal Poly Pomona Foundation for the services of student interns in Public Affairs. The requested interns would provide assistance to staff with Public Affairs programs. This action is to execute a three-year contract with the Cal Poly Pomona Foundation through December 31, 2009, in an amount not to exceed $38,000 per year for student intern services. College students throughout the region may be provided by the Foundation. Funds for this item have been included in the FY 2006-07 Budget. (Review: Administrative Committee, December 8, 2006)

4. Execute Contracts for Short- and Long-Term Systems Development, Maintenance and Support Services
Marlia (909) 396-3148
(cmarlia@aqmd.gov)

On October 6, 2006, the Board approved the release of an RFP to obtain short- and long-term systems development, maintenance and support services. This action is to execute contracts to obtain these services on a task order basis. Executing contracts with multiple bidders provides a pool of well-qualified professionals who have demonstrated their understanding of and expertise in meeting agency needs and enables AQMD to obtain cost-effective and technically responsive support. Funds are included in the FY 2006-2007 Budget. (Review: Administrative Committee, December 8, 2006)

5. Amend Contract with Ecotek, MST Solutions, Inc for Privatization of Portions of Annual Emissions Reporting Program
Chang (909) 396-3186
(echang@aqmd.gov)

In January 2005, the Board approved a contract with Ecotek, MST Solutions, Inc. for continuing the privatization of portions of the Annual Emissions Reporting Program. Ecotek has developed, maintained, and updated the emissions reporting software, produced and distributed reporting materials (forms and instructions); provided public outreach and assistance; collected and compiled reported data; and conducted data quality control. Based on Ecotek's responsiveness and satisfactory performance, this action recommends exercising the second of three one-year renewal options in Ecotek's contract. This action also recommends increasing the annual contract from $340,000 to an amount not to exceed $365,000. The increase is needed to handle additional programming to reflect rule requirements and other necessary changes. (Review: Administrative Committee, December 8, 2006)

6. Appropriate Funds from Undesignated Fund Balance and Authorize Amending Existing Contracts to Appropriate Such Funds
Wiese (909) 396-3460
(kwiese@aqmd.gov)

The District is currently involved in several major lawsuits employing outside counsel. These include the Fleet Rules, the challenges to the most recent amendments to the architectural coatings rule, the ConocoPhillips ultra-low sulfur diesel project, the railroad litigation, a PUC proceeding regarding long-term supplies of natural gas, and AQMD’s permitting of a power plant in Riverside. This action is to appropriate $250,000 from the Undesignated Fund Balance to the District Counsel FY 2006-2007 budget, Professional and Special Services account, and to authorize the Executive Officer to amend existing contracts with Shute, Mihaly & Weinberger and Woodruff, Spradlin & Smart to appropriate these funds. (Review: Administrative Committee, December 8, 2006

7. Award Funding from MSRC for CNG School Buses to Private School Bus Transportation Service Provider
Liu (909) 396-2105
(cliu@aqmd.gov)

On September 8, 2006, the Board approved an MSRC allocation of $2 million for CNG school bus incentives to private school bus transportation service providers. Additionally, the Board approved an MSRC recommendation to have the AQMD administer the program for the purpose of implementing District Rule 1195. Awards from this allocation will be made on a first come basis and individual awards will be brought before the Board for approval.  This action is to approve an award to Student Transportation of America, a private school bus transportation service provider, in the amount of $1,137,580 to purchase 23 CNG school buses.

8. Execute Construction Equipment and Truck Fleet Modernization Contracts for Carl Moyer Memorial Air Quality Standards Attainment Program
Liu (909) 396-2105
(cliu@aqmd.gov)

On November 3, 2006, the Board approved the release of a Program Announcement, in an amount not to exceed $12 million from the Clean Fuels Fund and Carl Moyer Program returned funds to fund cleaner construction equipment. Also, on July 7, 2006, the Board approved the release of a Program Announcement to solicit projects to replace pre-1990 diesel trucks with Model Year 2006 and newer diesel or 2004 and newer natural gas trucks at a cost not to exceed $6 million under the Carl Moyer Truck Fleet Modernization program. Both these programs are being implemented on a first-come, first-served basis, and will be on-going until funds are expended. These projects are evaluated as they are submitted on a monthly basis and are recommended for the Board's approval. This action is to execute construction equipment and fleet modernization contracts under the Carl Moyer Program and Clean Fuels Fund.

9. Reallocate Funds from U.S. Department of Defense and Issue Purchase Order to Conduct Feasibility Demonstration to Measure Low-Level Pollutant Concentrations and Issue Purchase Orders
Hogo (909) 396-3184
(hhogo@aqmd.gov)

In August 2003, the AQMD received an award from the U.S. Department of Defense to demonstrate the feasibility of measuring low-level pollutant concentrations in the ambient air. The original award has been augmented twice to conduct a second phase study to expand the utility of this program. This action is to reallocate remaining funds, issue a purchase order for three ion mobility spectrometers, and issue a sole-source purchase order for a gas chromatograph/mass spectrometer smart chemical identification system. (Review: Administrative Committee, December 8, 2006)

10. Recognize and Appropriate Funds for U.S. EPA National Air Toxics Trends Station Program, Execute Sole-Source Purchase Orders, and Issue RFQ
Hogo (909) 396-3184
(hhogo@aqmd.gov)

U.S. EPA has allocated Section 103 Grant funds of $253,756 to the AQMD for the National Air Toxics Trends Station (NATTS) program. This will be the first year of AQMD participation in the national program. The grant covers capital outlays and services and supplies’ costs associated with air toxic monitoring at two existing AQMD air monitoring stations. This action is to: (a) upon receipt of award, recognize revenue of $253,756 from U.S. EPA; (b) upon receipt of award, appropriate funds to the FY 2006-07 Budget for the first year NATTS program; (c) upon receipt of award, issue sole-source purchase orders; and (d) issue RFQ. (Review: Administrative Committee, December 8, 2006)
 

11. Adjust Student Intern Pay Rate
Tharp (909) 396-3018
(etharp@aqmd.gov)

This action is to increase student intern pay rates to meet new California minimum wage provisions and to provide appropriate pay for interns. The annual cost of this adjustment, based on budgeted intern hours, is $15,360. (Review: Administrative Committee, December 8, 2006)
 

Information Only - Receive and File

12. Public Affairs Report
Abarca (909) 396-3242
(oabarca@aqmd.gov)

This report highlights the November 2006 outreach activities of Public Affairs which include: Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Local Governmental Activity.

13. Hearing Board Report
Camarena (909) 396-2500
(ecamarena@aqmd.gov)

This reports the actions taken by the Hearing Board during the period of November 1, through November 30, 2006.

14. Civil Filing and Civil Penalties Report
Mieras (909) 396-3400
(pmieras@aqmd.gov)

This reports the monthly penalties from October 1 through October 31, 2006, and legal actions filed by the District Prosecutor during October 1 through October 31, 2006. A glossary explaining the key terms and Index of District Rules are attached with the penalty report.

15. Lead Agency Projects and Environmental Documents Received by AQMD
Chang (909) 396-3186
(echang@aqmd.gov)

This report provides, for the Board's consideration, a listing of CEQA documents received by the AQMD between November 1, 2006 and November 30, 2006, and those projects for which the AQMD is acting as lead agency pursuant to CEQA.

16. Rule and Control Measure Forecast
Chang (909) 396-3186
(echang@aqmd.gov)

This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2007.

17. Audit for FY Ended June 30, 2006
Pearce (909) 396-3148
rpearce@aqmd.gov

This agenda item transmits the annual financial audit of the AQMD performed by an independent certified public accountant. The AQMD has received an unqualified opinion (the highest obtainable) on its financial statements. (Review: Administrative Committee, December 8, 2006)
 

18. FY 2006-07 Contract Activity
Pearce (909) 396-3148
rpearce@aqmd.gov

This report lists the number of contracts approved during the first six months of FY 2006-07, the respective dollar amounts, award type, and the authorized contract signatory for the AQMD.

19. Report of RFPs and RFQs Scheduled for Release in January
Pearce (909) 396-3148
rpearce@aqmd.gov

This report summarizes the RFPs and RFQs for budgeted services over $50,000 scheduled to be released for advertisement for the month of January. (Review: Administrative Committee, December 8, 2006)

20. Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2006-07
Marlia (909) 396-3148
cmarlia@aqmd.gov

Information Management is responsible for data systems management services in support of all AQMD operations. This action is to report on major automation contracts and projects to be initiated by Information Management during the last six months of FY 2006-07. (Review: Administrative Committee, December 8, 2006)

21. Items Deferred from Consent Calendar

Note: The MSRC, Mobile Source, Stationary Source, and Technology Committees did not meet in December. The next MSRC meeting is scheduled for January 18, 2007; and the next meetings of the Mobile Source, Stationary Source, and Technology Committees are scheduled for January 26, 2007.

22. Administrative Committee
Chair: Burke
Wallerstein (909) 396-3131
(bwallerstein@aqmd.gov)

23. Legislative Committee
Chair: Carney
Abarca (909) 396-3242
(oabarca@aqmd.gov)

24. California Air Resources Board Monthly Report
Board Rep: Loveridge
McDaniel (909) 396-2821
(smcdaniel@aqmd.gov)

25. Execute Contract for Legislative Representation in Washington, D.C
Abarca (909) 396-3242
(oabarca@aqmd.gov)

Select and authorize the Chairman to enter into a contract with a firm(s) for legislative representation in Washington, D.C. in an amount not to exceed $99,000. This contract(s) will be for one-year, beginning in January 2007, and may be extended for up to two one-year terms, upon satisfactory performance, at the Board’s discretion. Total expenditures for the contract shall be up to $99,000 for the initial one-year period. The Sacramento Metropolitan Air Quality Management District will also contract with the selected firm(s) in an amount of $35,000 per year. Funding for this contract is available in the FY 2006-07 Budget. Funding for the two optional one-year extensions is contingent upon future Board approval of the Budget for the respective fiscal years. (Review: Legislative and Administrative Committees, December 8, 2006)

26. Update on Draft 2007 Air Quality Management Plan
Chang (909) 396-3186
(echang@aqmd.gov)

Staff will continue to update the Board on the technical and policy issues associated with the development of the Draft Final 2007 AQMP.

27. Update on Recent Studies Regarding Health Effects of Air Pollution
(No Written Material)
Ospital (909) 396-2582
(jopspita@aqmd.gov)

CARB staff, at the request of the AQMD Executive Officer, will present an update on recent activities on health effects of air pollution.

PUBLIC HEARINGS

28. Adopt Public Notification Procedures for Emergency Diesel Internal Combustion Engines and Industry-wide Categories of Gas Stations and Dry Cleaners, Pursuant to Air Toxics Hot Spots Information and Assessment Act
Chang (909) 396-3186
(echang@aqmd.gov)

Staff has developed procedures for the Board's consideration for public notification for emergency diesel internal combustion engines and the industry-wide categories of gas stations and dry cleaners under AB 2588. The proposed procedures differ from the notification procedures for the relatively few large (core) stationary sources that have traditionally been in the program. In recognition that there are thousands of cases that may require public notice, staff recommends posting a notice at the facility and in newspapers, with information on specific facilities available on the AQMD web site and provided in hardcopy at the AQMD library and public libraries, school districts, and planning agencies. Town Hall and other community meetings can also be used to disseminate this information.

OTHER BUSINESS

29.  Appropriate Funds for Litigation Defense and Authorize Contracts to Expend Such Funds
Wiese (909) 396-3460
(kwiese@aqmd.gov)

This item is to 1) appropriate funds in the amount of $700,000; 2) authorize the Executive Officer to amend existing contracts with Jones Day LLC to assist AQMD in defending the railroad rules; and 3) enter into a new contract with Jones Day for post-trial legal services.

30.  Execute Contract to Develop and Demonstrate Electric Tow Tractor and Receive Funds from Port of Los Angeles
Liu (909) 396-2105
(cliu@aqmd.gov)

In December 2006, the Board awarded a contract to cosponsor with the Port of Los Angeles (POLA) the development and demonstration of an electric tow tractor for container movement within and around the Port. Staff has since been advised that the POLA is unable to contract directly with the electric tow tractor company and would prefer to provide the funds to the AQMD. This action is to enter into an agreement with the POLA to receive the $263,500 to cofund the development and demonstration of the electric tow tractor project. The AQMD is providing the remaining $263,500 from the Clean Fuels Fund for a total project cost of $527,000. (Review: Technology, November 17, 2006)

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

BOARD MEMBER TRAVEL – (No Written Material)

Board member travel reports have been filed with the Clerk of the Boards, and copies are available upon request

CLOSED SESSION – (No Written Material)
Wiese (909) 396-3460
(kwiese@aqmd.gov)

It is necessary for the Board to recess to closed session pursuant to Government Code section 54956.9(a) to confer with its counsel regarding pending litigation which has been initiated formally and to which the District is a party. The actions are:

• Association of American Railroads, et al. v. SCAQMD, et al., U.S. District Court Case No. CV06-1416 JFW (PLAx);
   
• Engine Manufacturers Association, et al. v. SCAQMD, et al., United States Court of Appeals for the Ninth Circuit Case No. 05-56654;
   
• SCAQMD v. OceanAir Environmental, LLC, Mahesh Talwar, Pierpoint Sport Fishing, Karl Smith, Daniel R. Strunk, et al., Los Angeles Superior Court Case No. KC047828;
   
• NRDC, et al. v. SCAQMD, et al., Los Angeles Superior Court Case No. BS105728;
   
• Pauline Harper v. SCAQMD, Workers' Compensation Appeals Board Case No. POM 275829; and
   
• American Lung Association, et al. v. USEPA, U.S. Court of Appeals for the District of Columbia Circuit, No. 06-1411.

It is also necessary for the Board to recess to closed session under Government Code section 54956.9(c) to consider initiation of litigation (two cases).

ADJOURNMENT

ACRONYMS

AQIP = Air Quality Investment Program
AVR = Average Vehicle Ridership
Cal/EPA = California Environmental Protection Agency
CARB = California Air Resources Board
CEMS = Continuous Emissions Monitoring Systems
CEQA = California Environmental Quality Act
CE-CERT = College of Engineering-Center for Environmental
Research and Technology
CNG = Compressed Natural Gas
CO = Carbon Monoxide
CTG = Control Techniques Guideline
EV = Electric Vehicle
FY = Fiscal Year
HRA = Health Risk Assessment
IAIC = Interagency AQMP Implementation Committee
IGA = Intergovernmental Affairs
LEV = Low Emission Vehicle
LNG = Liquefied Natural Gas
MOU = Memorandum of Understanding
MSERCs = Mobile Source Emission Reduction Credits
MSRC = Mobile Source (Air Pollution Reduction) Review Committee
NESHAPS = National Emission Standards for Hazardous Air Pollutants
NGV = Natural Gas Vehicle
NOx = Oxides of Nitrogen
NSPS = New Source Performance Standards
NSR = New Source Review
PAMS = Photochemical Assessment Monitoring
Stations
PAR = Proposed Amended Rule
PM10 = Particulate Matter £ 10 microns
PM2.5 = Particulate Matter < 2.5 microns
PR = Proposed Rule
RFP = Request for Proposals
RFQ = Request for Quotations
RTC = RECLAIM Trading Credit
SCAG = Southern California Association of
Governments
SIP = State Implementation Plan
SOx = Oxides of Sulfur
SULEV = Super Ultra Low Emission Vehicle
TCM = Transportation Control Measure
ULEV = Ultra Low Emission Vehicle
U.S. EPA = United States Environmental Protection Agency
VMT = Vehicle Miles Traveled
VOC = Volatile Organic Compound
ZEV = Zero Emission Vehicle