BOARD MEETING DATE: December 4, 2009
AGENDA NO. 27
REPORT:
Administrative Committee
SYNOPSIS:
The Administrative Committee met on Friday, November 13, 2009. The Committee discussed various issues detailed in the Committee report. The next Administrative Committee meeting is scheduled for Friday, December 11, 2009, at 9:00 a.m. in Conference Room CC-8.
RECOMMENDED ACTIONS:
Receive and file
Dr. William A. Burke, Chair
Administrative Committee
Attendance: Present at the November 13, 2009 meeting via videoconference were Chair Burke and Committee Member Josie Gonzales. Present via teleconference was Marion Ashley. Present at AQMD were Jane Carney and Dennis Yates. Member Ronald Loveridge was absent due to a conflict with his schedule.
ACTION/DISCUSSION ITEMS:
1. Board Members’ Concerns: None.
2. Chairman’s Report of Approved Travel: None.
3. Approval of Compensation for Board Member Assistant(s)/Consultant(s): None.
4. Report of Approved Out-of-Country Travel: Dr. Wallerstein stated that staff has been invited to make a presentation on Air Quality and Health Effects in Mexico City on December 2-3 with the cost of travel to be funded by the requesting organization, but AQMD will cover the costs of the staff member’s time and per diem. He continued that the staff member to travel has not yet been selected.
5. Discussion Regarding Recycling Paper: Dr. Wallerstein explained that a green policy related to recycled paper was raised at the October 2, 2009 Mobile Board meeting held in Los Angeles. Currently, AQMD is purchasing recycled paper in the most cost effective manner. In addition, Dr. Wallerstein stated that a contract has been signed with a firm to pick up five bins of waste for recycling for $250 per week, and the revenue from recycling is rebated to AQMD. He added that staff was not aware of any other manner of recycling that would improve the program.
6. Discussion Regarding Increasing Executive Officer’s Signature Authority to Sign Contracts: Dr. Burke requested that the Executive Officer’s signature authority be raised due to inflationary factors and the last time this issue was raised was 15 years ago. Dr. Wallerstein explained that his signature authority is capped at $50,000 for the budget year, and then the Board takes action if authorization is sought for additional contract funding. He continued that twice a year the Board receives a report which shows the list of contracts signed by the agency. Dr. Wallerstein also stated that the signature authority is limited to protect the agency as well as himself.
Dr. Wallerstein is requesting that he would like to execute contracts for $50,000 on a budget year basis rather than the current practice of one occasion until Board action. This approach would reduce the need to schedule Special Board meetings, as we have had several times this year, to approve these types of specialty contracts.
Ms. Carney suggested that the signature authority be raised to $75,000 and that the Executive Officer’s authority is reset annually based on the current budget year.
Moved by Carney; seconded by Yates; unanimously approved.
7. Report Regarding Use of AQMD Vehicles by Board Members and Staff: Dr. Wallerstein stated that this issue was raised at the November 13, 2009, Personnel Committee meeting where minor revisions were requested by the Committee for the staff policy on the use of AQMD vehicles. The Committee also requested that Dr. Burke and Dr. Wallerstein draft a policy for Board Members’ use of AQMD vehicles and bring it back to a future Committee meeting for discussion.
8. Discussion Regarding Establishing an Electronic Database: Dr. Wallerstein explained that a consultant was brought in to work on the electronic database, but left shortly thereafter. He explained that the Board recently approved an auditor to audit the Information Management System. As part of the audit, the contractor will discuss with Dr. Burke and then review the District’s database hardware and software approach. Dr. Wallerstein stated that a consultant will also be hired to assess the tasks recommended to construct the e-mail electronic database.
Moved by Carney; seconded by Yates; unanimously approved.
DECEMBER AGENDA ITEMS:
9. Establish Board Meeting Schedule for Calendar Year 2010: Dr. Burke asked Mrs. Carney if she would like to recommend revising the start times of the Legislative Committee meetings to 9 a.m. followed by Administrative Committee meetings at 10 a.m. beginning with January 15, 2010, and Mrs. Carney agreed. Dr. Wallerstein suggested a poll be taken of the Committee Members’ availability for these meeting times.
Dr. Wallerstein stated that this is the schedule for Board meetings, including Administrative Committee meetings, for the Calendar Year 2010. The Committee requested that the April 2, 2010 Board meeting possibly be rescheduled to April 9 due to Good Friday. Dr. Wallerstein suggested a poll be taken to determine the Board Members’ availability.
10. Amend Committee Procedures to Allow Temporary Appointments of Board Assistants and Consultants: Dr. Wallerstein stated this issue arose recently when Supervisor Ashley wanted to appoint Buford Crites as his Board Consultant, but the Administrative Committee did not have quorum. He continued that this is a minor revision to the policy where a Board Consultant can be appointed by the Board Chairman temporarily until the Administrative Committee has a quorum at a subsequent meeting.
Moved by Carney; seconded by Yates; unanimously approved.
11. Advertising and Public Outreach to Minority Communities to Increase Awareness of Impacts of Air Pollution: Dr. Wallerstein stated that Dr. Burke expressed a desire to enhance AQMD’s outreach to minority communities via print media for a health outreach campaign with several themes and rotating messages in ethnic newspapers. Dr. Wallerstein mentioned that this outreach is important in light of current policy issues, where AQMD’s message can be clarified. Topics would include air quality status and health studies on what AQMD is doing on its diesel strategy, and supporting a greener economy. He stated that examples of advertisements will be brought to future Administrative Committee meetings for discussion prior to going forth with publication. Mrs. Carney suggested that staff carefully assess the publications that are selected as some locally owned publications get a better reach. Dr. Burke suggested working with one ethnic minority group at a time to allow focused outreach of material. Josie Gonzales suggested consideration of the Hispanic Lifestyle magazine and other related advertisers where outreach may be accomplished and feedback can be received.
Moved by Yates seconded by Gonzales; unanimously approved.
12. Execute Contract for Student Co-op Program: Dr. Wallerstein stated that student interns are being requested for Engineering & Compliance to assist with administrative tasks, but he has requested staff to incorporate these types of contracts into one Board letter annually for Finance, Engineering & Compliance and the Laboratory requests.
Moved by Gonzales; seconded by Carney; unanimously approved.
13. Allocate Funds to Provide Local Incremental Incentives Under the CARB Air Quality Improvement Program: Chung Liu, DEO/Science & Technology Advancement, explained that CARB administers the Air Quality Improvement Program (AB 118) and staff is requesting approval of a local incentive match program for: (1) hybrid heavy- or medium-duty incentive program, (2) light-duty incentive program and (3) the lawn mower exchange program.
Dr. Wallerstein added that staff is trying to obtain a fair share of state funds to come to the South Coast Basin. Mrs. Carney asked whether funds that AQMD provides will expand the program, and Dr. Liu answered that the funds either provide additional vehicles or additional incentives for super clean vehicles.
Dr. Wallerstein added that this program will function similar to the natural gas drayage truck programs where CARB puts in a like amount of funds as AQMD to allow purchase of additional trucks and remove older diesel ones off the road. He added that Dr. Liu is looking for flexibility in this program to maximize the emission reductions per vehicle.
Moved by Yates; seconded by Carney; unanimously approved.
14. Execute Memorandum of Agreement, Establish Special Revenue Fund, and Issue RFP for Installation and Maintenance of Air Filtration in Wilmington Area Schools: Dr. Liu stated that staff is requesting the Board to approve an MOA between SCAQMD, City of Los Angeles and TraPac appellants to conduct projects using settlement funds related to a lease agreement for terminal upgrade at the Port of Los Angeles. This request would include a $6 million mitigation budget from the Port to provide air filter projects in schools located in Wilmington and San Pedro areas, with AQMD to be allocated 10% for administrative costs to implement this program. Dr. Liu continued that similar programs have been implemented which have demonstrated that air filters can be beneficial to remove toxics and particulates from the air in classrooms. This program will be implemented in the Long Beach and Los Angeles port area by first receiving the funds, and then issuing an RFP to solicit contractors to design and implement this program and conduct maintenance programs for the schools. He also stated that there are 17 litigants from the TraPac project appeal, which includes NRDC and others.
Barbara Baird, District Counsel, stated that there is a legal issue to arise from this because some private schools, including parochial religious schools, may be judged as being among the most impacted by port emissions. She continued that the U.S. and California State Constitutions prohibit government from activity which has the effect of establishing or supporting religions, while also prohibiting discrimination on the basis of religion. There is also a provision in the California Constitution which provides that no public money may be appropriated for the support of any private school. The applicable case law is among the most complex and contradictory of any area of law she has seen, and the U.S. Supreme Court has described the lines between valid and invalid activity as blurred, indistinct, and variable depending upon circumstances. Both in religious cases and private school cases a doctrine has been developed that has allowed governments to take action to provide benefits to a school which have been characterized as indirect, remote, or incidental, as where the benefits flow primarily to the students or the general populace, as in providing road, sewers, police protection, etc. No ruling has upheld a government agency providing physical equipment or construction at a private school, except in the religion cases where the building is used exclusively for secular purposes and even then for colleges and not elementary schools. There is some risk that we could be challenged in providing this service for the benefit of private school students. As a way to address this risk, the City of LA has agreed to indemnify AQMD against any claims arising out of the selection of schools that are not part of the public school district. Staff intends to beef up the indemnification language that was in the version of the MOA sent to Committee Members under separate cover. She concluded that this is a complex area, but staff feels the risk will be adequately addressed.
Moved by Yates; seconded by Carney; unanimously approved.
15. Execute Contract for Landscape Maintenance at Diamond Bar Headquarters: Eudora Tharp, Asst. DEO/Administrative & Human Resources, stated that this item is to approve a contract for landscaping services for the next three-year period. Nine proposals were evaluated, and Tropical Plaza Nursery, the current contractor, received the highest rating. The three-year cost is $131,045. Dr. Burke requested the contract require new plantings to be California native plants.
Moved by Yates; seconded by Ashley; unanimously approved.
16. Adopt Resolution Approving Establishment of Health Reimbursement Arrangement Plan and Approve Selection of Plan Service Provider: Rick Pearce, Chief Financial Officer, stated that staff is recommending the Board establish an IRS-approved Health Reimbursement Arrangement (HRA) Plan for active employees allowing them to set aside a portion of their compensation into a savings plan on a tax-free basis which could be used after retirement to pay for health care. He continued that many agencies provide this either post-retirement health care or a health savings plan. The AQMD contracted with its Deferred Compensation consultants to conduct an analysis of the five HRA proposals received, and based on that, the Deferred Compensation Committee reviewed and recommended Hartford as the provider who would provide the lowest fees with a good choice of investment choices. Of the two highest scoring proposals, only Hartford offered a stable value option, their general account, with a guaranteed rate of at least 3%. Mr. Pearce added that AQMD has spent $2,500 for the analysis and it will cost approximately $5,000-7,000 to create and review the plan’s implementing document, but there are no ongoing costs to AQMD.
Dr. Burke asked what would occur if Hartford went bankrupt, and Mr. Pearce answered that AQMD would have the first right as a creditor to receive repayment from the general account. Currently, Hartford has $55.9 Billion in the general account.
Moved by Yates; seconded by Carney; unanimously approved.
17. Report of RFPs and RFQs Scheduled for Release in December: Mr. Pearce stated that there are two items for approval – Purchase Carbonyl Samplers Under the PAMS Program and Insurance Brokerage Services.
Moved by Yates; seconded by Gonzales; unanimously approved.
18. Legislative Representation in Washington, D.C.: Dr. Wallerstein explained that this item was considered at today’s Legislative Committee meeting where two firms were interviewed, and a recommendation was made for a contract to be awarded to Kadesh & Associates, with a special project to be provided to B&D to see how they perform.
Chair Burke moved this item be forwarded to the full Board without a recommendation from this Committee; seconded by Gonzales; unanimously approved.
19. Local Government & Small Business Advisory Group Minutes for September 18, 2009 meeting: Attached for information only is the Local Government & Small Business Advisory Group minutes for the September 18, 2009 meeting.
Member Yates left at 10:08 to attend the Local Government & Small Business Advisory Group meeting.
20. Review December 4, 2009, Governing Board Agenda: Dr. Wallerstein stated that the Clean Air Act fee item will more than likely be continued as staff is awaiting EPA’s guidance document in mid-December and the final action on the San Joaquin regulation; when this occurs, AQMD may receive a letter stating we are not in compliance with the Federal Clean Air Act and will need to adopt a fee. Regarding PR 1145 as it relates to UV curable coatings, staff will be ready to respond to issues raised by the UV coatings industry. Mrs. Carney asked if a report will be presented regarding having additional protocols being developed for credits on Rule 2702 – Greenhouse Gas Reduction Program. Dr. Wallerstein stated that protocols need approval by both the Governing Board and CARB to be available to applicants. The Board may want to reconsider this policy due to delays in CARB approval.
Rita Loof, Radtech, mentioned that a couple of clarifications needed to be made relating to PR 1145, which was to assist a company to reformulate a product to come into compliance. She continued that various firms have achieved adequate adhesions with products that comply with the rule and she would be happy to bring those items to the Board.
21. Other Business: None.
22. Public Comment: None.
Meeting adjourned at 10:14 a.m.
Attachment (DOC, 68k)
Local Government & Small Business Assistance Advisory Group Minutes for September 18, 2009