GOVERNING BOARD AGENDA
MEETING, January 8, 2010


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.

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

CALL TO ORDER

Pledge of Allegiance

Swearing in of Board Members, Burke

Video Presentation: “State of the Air Quality,” Burke
(For best results, view with Windows Media Player Version 7 or later.)

Opening Comments:

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

CONSENT CALENDAR (Items 1 through 20)

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

  1. Minutes of December 4, 2009 Board Meeting and Minutes of December 23, 2009 Special Board Meeting 
    McDaniel (909) 396-2500
    E-mail link
    smcdaniel@aqmd.gov

  2. Set Public Hearings February 5, 2010 to:
    Wallerstein (909) 396-3131
    E-mail link bwallerstein@aqmd.gov

    1. Receive Public Input on Executive Officer’s Priority Goals for FY 2010-11
      Wallerstein (909) 396-3131
      E-mail link bwallerstein@aqmd.gov
      A set of priority goals for the FY 2010-11 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 AQMD’s Work Program.

    2. Rescind Rule 1309.2 - Offset Budget and Amend Rule 1309 - Emission Reduction Credits and Short Term Credits
      Tisopulos (909) 396-3123
      E-mail link ltisopulos@aqmd.gov
      Staff is proposing to rescind Rule 1309.2 in an effort to streamline the CEQA analysis associated with the readoption of Rule 1315 and to amend Rule 1309 to remove reference to Rule 1309.2 and add language referenced in Rule 1309.2 to Rule 1309.  (Review:  Stationary Source Committee, January 22, 2010)

Budget/Fiscal Impact

  1. Amend Contracts for Natural Gas Hearth Product Buy-Down Program
    Chang (909) 396-3186
    E-mail link
    echang@aqmd.gov
    In July 2008, the Board approved a $500,000 contract with the team of Robert H. Peterson Company and Rasmussen Iron Works to implement the Natural Gas Hearth Product Buy-Down Program.  This action is to amend the contract to increase funding by an amount not to exceed $250,000 from interest earned in the AQMD Rule 1309.1 (Priority Reserve) which will increase the number of program participants by 2,500.  This action is also to request extending the current contract from March 31 to June 30, 2010.  The total cost of the amended contract would be $750,000. (Review: Administrative Committee, December 11, 2009)

  2. Execute Contract for Development of Land Use Emission Model Software
    Chang (909) 396-3186
    E-mail link echang@aqmd.gov
    On October 2, 2009, the Board approved release of an RFP to provide for the development of land use emission model software.  The software will be used by AQMD staff and will be made available to the public, at no cost, for the calculation of criteria and CO2 emissions associated with land use development in California.  Four proposals were received by the closing date of the RFP.  This action is to execute a contract with Environ for an amount not to exceed $229,500.  This item also seeks Board approval to appropriate funds not to exceed $229,500 from the Undesignated Fund Balance to Planning, Rule Development and Area Sources for the resulting contract.  (Review: Administrative Committee, December 11, 2009)

  3. Execute Contract for Policy Consultation Regarding Local, State and Federal Transportation Issues
    Abarca (909) 396-3242
    E-mail link
    oabarca@aqmd.gov
    At the October 2, 2009 meeting, the Board approved release of an RFP to solicit proposals for policy consultation regarding local, state and federal transportation issues.  Three proposals were submitted and evaluated.  This action is to execute a contract with Lee Andrews Group for consultation regarding local, state and federal transportation issues.  This contract will be for one-year, beginning in January 2010, 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 $100,000 for the initial one-year period.  Funding for the two optional one-year extensions is contingent upon future Board approval of the Budget.  (Review: Administrative Committee, December 11, 2009)

  4. Amend Contract with Cordoba Corporation to Continue Implementation of Air Quality Institute
    Abarca (909) 396-3242
    E-mail link
    oabarca@aqmd.gov
    Since January 2006, the Board has authorized the implementation of several Air Quality Institute (AQI) programs to disseminate information and educate community, business and industry leaders and elected officials on air quality issues. On June 1, 2007, the Board approved a contract with Cordoba Corporation, with options for two one-year term renewals, upon satisfactory performance, and at the Board's discretion.  Targeted audience includes elected officials, city managers and school officials, labor organizations, health-care groups, and other leaders at the local and national level. The current contract expires in December 2009, and this action is to amend the existing contract with Cordoba Corporation to continue implementation of the AQI’s, at a cost not to exceed $135,300, for an additional one-year period. (Review: Administrative Committee, December 11, 2009) 

  5. Authorize Purchase of Network Servers
    Marlia (909) 396-3148
    E-mail link cmarlia@aqmd.gov
    On October 2, 2009, the Board approved the release of an RFQ to select a vendor capable of providing replacements for the current network servers in the most cost effective manner.  Server replacements are required to support the ongoing Windows Server 2008 operating system upgrades.  As a result of successful responses to this RFQ, New Day Computer Products was identified as capable of providing these products.  This action is to authorize the purchase of HP ProLiant DL580 G5 servers from New Day Computer Products.  Funds for this purchase ($70,539) are included in the FY 2009-10 Budget.  (Review:  Administrative Committee, December 11, 2009)

  6. Establish List of Prequalified Vendors to Provide Computer, Network, and Printer Hardware and Software, and Purchase Desktop Computer Hardware Upgrades
    E-mail link
    cmarlia@aqmd.gov
    On October 2, 2009, the Board approved the release of a Request for Qualifications and Quotations (RFQQ) to prequalify vendors for computer, network, and printer hardware and software; and to purchase desktop computer hardware upgrades.  As a result of successful responses to this RFQQ, fourteen vendors were identified as capable of providing these products.  This action is to approve these fourteen vendors to provide these products for a two-year period, and to authorize purchase of desktop computer hardware upgrades.  Funds ($300,000) for these purchases are included in the FY 2009-10 Budget and will be included in the following FY 2010-11 Proposed Budget.  (Review:  Administrative Committee, December 11, 2009)

  7. Execute Contract for Health Insurance Brokerage and Consultant Services
    Tharp (909) 396-3018
    E-mail link
    etharp@aqmd.gov
    To ensure AQMD continues to provide a cost-effective employee health insurance program, on September 11, 2009, the Board approved release of an RFP to solicit proposals from firms interested in providing health insurance brokerage services.  This action is to execute a contract with Mercer, effective February 1, 2010, through January 31, 2013.  This is a no-cost contract as payment for services is through insurance carrier commissions. (Review: Administrative Committee, December 11, 2009)

  8. Amend Contract for Workers’ Compensation Third-party Administrator Services
    Tharp (909) 396-3018
    E-mail link
    etharp@aqmd.gov
    On April 6, 2007, the Board approved a three-year contract with ACME Administrators for workers’ compensation third-party administrator services.  The contract expires June 30, 2010.  This action is to amend the contract to extend the term one additional year, which would lock in very competitive rates, eliminate the need for significant advertising expenses, avoid costly data transfer fees associated with moving claims files to a new contractor, and ensure continued consistent and efficient workers’ compensation claims administration services.  Funding for this one-year extension will be included in the FY 2010-11 Budget request. (Review: Administrative Committee, December 11, 2009)

  9. Amend Contract with Technical and Business Systems, Inc., for Air Pollutant Measurements Aloft
    Tisopulos (909) 396-3123
    E-mail link ltisopulos@aqmd.gov
    On July 11, 2008, the Board awarded a contract with Technical and Business Systems, Inc., to conduct air pollutant measurements aloft for AQMD and funding for continued measurements was approved on June 5, 2009.  This new amendment incorporates additional funding in FY2009-10 to continue aircraft, balloon and surface measurements in support of the evaluation of AQMP model boundary conditions and to provide further analyses and documentation of the collected data.  Based on the availability of budgeted funds and the contractor’s performance, this action is to extend this contract in an amount not to exceed $110,000.  Funding in the amount of $60,000 is included in the FY 2009-10 AQMD Budget.  The remaining $50,000 is allocated in the EPA 18th Year Section 105 Grant for the PAMS program, bringing the contract total to $370,000. (Review: Administrative Committee, December 11, 2009)

  10. Award Contracts for Local Government Match Program - Tree Partnership
    Whynot (909) 396-3104
    E-mail link jwhynot@aqmd.gov
    On October 2, 2009, the Board approved the re-issuance of the Tree Partnership Program Announcement. This action is to award multiple contracts to provide funding towards additional tree planting projects in an amount not to exceed $1,150,239. This action is also to authorize additional funds for the Tree Partnership from the interest earned within the Rule 1309.1 Mitigation Fund in an amount not to exceed $336,939.(Review: Climate Change Committee, December 18, 2009)

Information Only - Receive and File

  1. Legislative & Public Affairs Report
    Abarca (909) 396-3242
    E-mail link
    oabarca@aqmd.gov
    This report highlights the November 2009 outreach activities of Legislative & Public Affairs, which include Environmental Justice Update, Community Events/Public Meetings, Business Assistance, and Outreach to Business and Federal, State and Local Government.

  2. Hearing Board Report
    Camarena (909) 396-2500
    E-mail link
    ecamarena@aqmd.gov
    This reports the action taken by the Hearing Board during the period of November 1 through November 30, 2009.

  3. Civil Filings and Civil Penalties Report
    Dublin (909) 396-3459
    E-mail link kdublin@aqmd.gov
    This reports the monthly penalties from October 1 through October 31, 2009, and legal actions filed by the District Prosecutor during November 1 through November 30, 2009.  An Index of District Rules is attached with the penalty report.

  4. Lead Agency Projects and Environmental Documents Received by AQMD
    Chang (909) 396-3186
    E-mail link
    echang@aqmd.gov
    This report provides, for the Board's consideration, a listing of CEQA documents received by the AQMD between November 1, 2009 and November 30, 2009, and those projects for which the AQMD is acting as lead agency pursuant to CEQA.

  5. Rule and Control Measure Forecast
    Chang (909) 396-3186
    E-mail link
    echang@aqmd.gov
    This report highlights AQMD rulemaking activity and public workshops potentially scheduled for the year 2010.

  6. Revise Procurement Policy and Procedure
    Pearce (909) 396-2828
    E-mail link
    rpearce@aqmd.gov
    This action is to revise the AQMD’s Procurement Policy and Procedure to increase the Executive Officer’s delegated procurement authority from $50,000 to $75,000 for budgeted purchases and to implement administrative changes reflecting current operations.  (Review:  Administrative Committee, December 11, 2009)

  7. Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2009-10
    Marlia (909) 396-3148
    E-mail link 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 2009-10.  (Review:  Administrative Committee, December 11, 2009)

  8. Update on AQMD Green Team
    Whynot (909) 396-3104
    E-mail link
    jwhynot@aqmd.gov
    This report provides a summary of the composition and initial efforts of the AQMD Green Team.

  9. Items Deferred from Consent Calendar

BOARD CALENDAR

Note:  The regular meeting of the MSRC was canceled.  The Mobile Source, Stationary Source, and Technology Committees did not meet in December.  The next MSRC meeting is scheduled for January 21, 2010; and the next meetings of the Mobile Source, Stationary Source, and Technology Committees are scheduled for January 22, 2010.

  1. Administrative Committee
    Chair: Burke
    Wallerstein (909) 396-3131
    E-mail link
    bwallerstein@aqmd.gov

  2. Climate Change Committee
    Chair: Burke
    Whynot (909) 396-3104
    E-mail link jwhynot@aqmd.gov

  3. Legislative Committee
    Chair: Carney
    Abarca (909) 3963242
    E-mail link oabarca@aqmd.gov

  4. California Air Resources Board Monthly Report
    Board Rep: Loveridge
    Mcdaniel (909) 396-2500
    E-mail link smcdaniel@aqmd.gov

PUBLIC HEARINGS
 

  1. Amend Rule 317 - Clean Air Act Non-Attainment Fees
    (Continued from December 4, 2009 Board Meeting)

    Tisopulos (909) 396-3123
    E-mail link ltisopulos@aqmd.gov
    The public hearing for the proposed amended rule was continued to the January Board meeting.  The newly proposed amendments incorporate provisions for an alternative baseline for calculating the applicable Clean Air Act Non-Attainment fees as requested by the Board at the April 2009 public hearing. (Review: Administrative Committee, May 5, 2009; Stationary Source Committee, January 23, 2009, March 20, 2009, May 22, 2009, June 19, 2009, and September 24, 2009) 

  2. Informational Hearing to Receive Public Comments on Proposed Amendments to SOx RECLAIM Program (Regulation XX)
    Tisopulos (909) 396-3123
    E-mail link ltisopulos@aqmd.gov
    This item constitutes an informational hearing on proposed amendments to RECLAIM rules. In conjunction with this hearing, staff is providing a report which highlights Best Available Retrofit Control Technology (BARCT) determinations, cost-effectiveness, consultants’ analyses, and options for achieving reductions from the program. The report and the informational hearing are intended to provide the Board with a status update on the rule development process, identify key issues and viewpoints, and give the public an opportunity to comment. (Review: Stationary Source Committee, June 20, 2008; June 19, 2009; and November 20, 2009)

  3. Approve PM10 Attainment Redesignation Requests and Adopt Maintenance Plans for South Coast Air Basin and Coachella Valley Portion of Salton Sea Air Basin 
    Chang (909) 396-3186
    E-mail link echang@aqmd.gov
    PM10 concentrations in the South Coast Air Basin and Coachella Valley portion of the Salton Sea Air Basin have met the PM10 24-hour federal standard for more than three consecutive years.  This action is to request U.S. EPA to consider AQMD’s petition to redesignate both areas attainment for the federal 24-hour average PM10 standard.  As required for redesignation requests, this action is also submitting PM10 Maintenance Plans for the Basin and Coachella Valley to ARB for inclusion in the SIP.  (Review: Mobile Source Committee, July 24, 2009)

  4. Request to Revise 8-Hour Ozone and PM2.5 Transportation Conformity Emission Budgets for South Coast Air Basin and Coachella Valley
    Chang (909) 396-3186
    E-mail link echang@aqmd.gov
    In response to a request from U.S. EPA, staff is proposing that the Board adopt revised 8-hour ozone and PM2.5 transportation conformity emission budgets for the South Coast Air Basin and Coachella Valley reflecting emission reductions associated with on-road mobile source regulations adopted by CARB during 2007 and 2008 and request CARB to forward the updated budgets to U.S. EPA for the purpose of conformity budget adequacy findings.  These revisions will not impact the 2007 SIP control measures and the AQMD's SIP reduction commitment will not change.  (Review: Mobile Source Committee, October 16, 2009)

  5. Repeal Rule 1315 and Rule 1309.1 as Amended on August 3, 2007, Decertification of CEQA Document and Set Aside of Transfer of Interdistrict Credits to Inland Energy, City of Palmdale and City of Victorville Projects
    Wiese (909) 396-3460
    E-mail link kwiese@aqmd.gov
    This action is to comply with an order of the Superior Court requiring AQMD to set aside its approvals of Rule 1315 and the August 3, 2007 amendments of Rule 1309.1 and the associated Program Environmental Assessment, and to set aside the approval of a transfer of interdistrict credits to Inland Energy, City of Palmdale and City of Victorville Projects.

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
Mail graphic (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:

  • NRDC, et al. v. SCAQMD, et al., Los Angeles Superior Court Case  Nos. BS105728 and BS110792;
  • NRDC, et al. v. SCAQMD, et al., U.S. District Court Case No. CV08-05403 GW (PLAx);
  • NPCA v. SCAQMD, Court of Appeal, 4TH Appellate District, Division Three, Case No. G040122;
  • Association of American Railroads, et al. v. SCAQMD, et al., U. S. District Court Case No. CV06-1416 JFW (PLAx) and United States Court of Appeals, 9th Circuit, Case No. 07-55804;
  • W.M. Barr & Company, Inc. v. SCAQMD, Los Angeles Superior Court Case No. BS119869.
  • Pacific Merchant Shipping Association v. James Goldstene, et al., U. S. District Court, Eastern District, Case No. 2:09-CV01151-MCE-EFB; and
  • Southern California Gas Company v. SCAQMD, Los Angeles Superior Court, Case No. BS122004
  • Woods v. SCAQMD, WCAB Case Nos. AHM 0124460; AHM 0128294;  Claim No. 0011-2001-00024.

It is also necessary for the Board to recess to closed session pursuant to Government Code section 54956.8 to confer regarding real property negotiations regarding:

Property: 21825 Copley Drive, Diamond Bar, California 91765
Agency Negotiator:  Barry Wallerstein
Negotiating Party: City of Diamond Bar
Under Negotiation: Price and terms of lease


ADJOURNMENT

***PUBLIC COMMENTS***

Members of the public are afforded an opportunity to speak on any listed item before or during consideration of that item. Please notify the Clerk of the Board, (909) 396-2500, if you wish to do so. All agendas are posted at AQMD Headquarters, 21865 Copley Drive, Diamond Bar, California, at least 72 hours in advance of the meeting. At the end of the agenda, an opportunity is also provided for the public to speak on any subject within the AQMD's authority. Speakers may be limited to three (3) minutes each.

Note that on items listed on the Consent Calendar and the balance of the agenda any motion, including action, can be taken (consideration is not limited to listed recommended actions). Additional matters can be added and action taken by two-thirds vote, or in the case of an emergency, by a majority vote. Matters raised under Public Comments may not be acted upon at that meeting other than as provided above.

Written comments will be accepted by the Board and made part of the record, provided 25 copies are presented to the Clerk of the Board. Electronic submittals to cob@aqmd.gov of 10 pages or less including attachment, in MS WORD, plain or HTML format will also be accepted by the Board and made part of the record if received no later than 5:00 p.m., on the Tuesday prior to the Board meeting.


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
DERA= Diesel Emissions Reduction Act
EV = Electric Vehicle
FY = Fiscal Year
GHG = Greenhouse Gas
HRA = Health Risk Assessment
IAIC = Interagency AQMP Implementation Committee
IGA = Intergovernmental Affairs
LEV = Low Emission Vehicle
LNG = Liquefied Natural Gas
MATES = Multiple Air Toxics Exposure Study
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