NOTICE OF SPECIAL MEETING
OF THE GOVERNING BOARD

AGENDA

November 21, 2008 - 1:00 p.m. 

Teleconference Locations

Public may attend at the above locations

Americans with Disabilities Act
The agenda and documents in the agenda packet will be made available, upon request, in appropriate alternative formats to assist persons with a disability (Govt. Code Section 54954.2(a). Disability-related accommodations will also be made available to allow participation in the meeting. Any accommodations must be requested as soon as practicable. Requests will be accommodated to the extent feasible. Please contact the Clerk of the Boards Office at 909-396-2500 from 7 a.m. to 5:30 p.m. Tuesday through Friday, or send the request to cob@aqmd.gov

Document Availability
All documents (i) constituting non-exempt public records, (ii) relating to an item on an agenda for a regular meeting, and (iii) having been distributed to at least a majority of the Committee after the agenda is posted, are available prior to the meeting for public review at the South Coast Air Quality Management District, Public Information Center, 21865 Copley Drive, Diamond Bar, CA 91765.

Adjournment

Meeting Summary
Friday, November 21, 2008

Notice having been duly given, a Special Meeting of the South Coast Air Quality Management District Board was held at District Headquarters, 21865 Copley Drive, Diamond Bar, California. The following members participated by telephone from the teleconference locations listed in the meeting notice (unless otherwise noted):

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

Supervisor Michael D. Antonovich
County of Los Angeles

Councilmember Michael A. Cacciotti
Cities of Los Angeles County – Eastern Region

Supervisor Bill Campbell (present at AQMD Headquarters)
County of Orange

Ms. Jane W. Carney
Senate Rules Committee Appointee

Councilwoman Jan Perry
City of Los Angeles

Mayor Miguel A. Pulido (not participating; teleconferenced from location not in notice)
Cities of Orange County

Councilwoman Tonia Reyes Uranga
Cities of Los Angeles County – Western Region

Mayor Dennis R. Yates (present at AQMD Headquarters)
Cities of San Bernardino County

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

Mayor Ronald O. Loveridge
Cities of Riverside County

Dr. Joseph K. Lyou
Governor’s Appointee

Supervisor Gary Ovitt
County of San Bernardino

Call to Order: Vice Chairman Wilson called the meeting to order at 1:10 p.m.

      General Counsel Kurt Wiese clarified that Board Member Pulido could listen to the proceedings; however, he would not be participating in the Board’s discussion or vote
on the item, as he was not calling from one of the teleconference locations listed in the meeting notice.

1.   Approve Contract to Handle Appeal of Decision in State Court Lawsuit Regarding 
      Rules 1309.1/1315 and Appropriate Funding

     Mr. Wiese provided a brief summary of the item, and requested the Board’s approval of staff’s recommendation to authorize contracting with outside counsel to assist in handling the appeal of a recent judgment in the lawsuit involving Rules 1309.1 and 1315.

             On motion of Mr. Campbell, seconded by Ms. Reyes Uranga, and
             unanimously carried,  with Mr. Pulido not participating (absent: Burke,
             Loveridge, Lyou, and Ovitt), the Board approved the following actions,
             as recommended by staff:

             1)    Appropriated $175,000 from the Designation for Litigation and
                    Enforcement to District Counsel’s FY 2008-09 Budget, Professional
                    and Special Services account; and
             2)    Authorized the Executive Officer to initiate or amend contracts
                    with Kerr & Wagstaffe as well as firms on the pre-qualified list
                    for outside counsel or other counsel approved by the Board with
                    monies to be appropriated as the need arises.

2.   Public Comment

Jane Joy, Eastern Municipal Water District
           Noted that with the growth that has occurred in their area, they submitted two permit applications relating to their water treatment plant to AQMD a year ago; and, with the court’s recent decision, they would now need to purchase emission reduction credits at a cost of approximately $200,000. Emphasized that they are only one agency of many that would be adversely impacted; and expressed support of AQMD’s decision to appeal the decision, and offered any assistance they could provide.

3.   Closed Session

      The Board recessed to closed session at 1:15 p.m., 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. That action is: NRDC, et al. v. SCAQMD, et al., Los Angeles Superior Court Case Nos. BS105728 and BS110792.

4.   Adjournment

      Following closed session, General Counsel Kurt Wiese announced that a report of action taken by the Board in closed session would be on file in the Clerk of the Boards’ office and available to the public on request; and the meeting was adjourned at 1:20 p.m.

      The foregoing is a true statement of the proceedings held by the South Coast Air Quality Management District Board on November 21, 2008.

Respectfully Submitted,

SAUNDRA McDANIEL
Clerk of the Boards