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

Opening Comments:

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

Swearing In of Newly Appointed Board Member John J. Benoit, Burke

Note: Consent Calendar items held for discussion will be moved to Item No. 28.

1. Minutes of July 9, 2010 Board Meeting
   McDaniel (909)396-2500
   (smcdaniel@aqmd.gov)
   

   Budget/Fiscal Impact
   

2. Issue RFP for Consulting Services on Transportation and Goods Movement Strategies
   Ganguli (909) 396-3185
   (aganguli@aqmd.gov)
   This action is to issue an RFP to solicit proposals from firms knowledgeable in goods movement and broader transportation issues as well as air quality-related issues to incorporate the Board’s priorities in those areas. This firm would assist AQMD with maintaining existing relationships and developing new alliances with key stakeholders and policymakers, as well as building coalitions with local, state and national groups in the public, private and nonprofit sectors to advance AQMD’s agenda locally and in Sacramento and Washington, D.C. This firm will be actively engaged in state and local goods movement and transportation issues from an air quality and climate change perspective, implementation of SB 375 requirements, and assisting staff regarding the next surface transportation reauthorization legislation. Total expenditure for the contract shall not exceed $100,000 for a one-year period and may be extended for up to two one-year terms, upon satisfactory performance, at the Board’s discretion. (Review: Administrative Committee, July 16, 2010)
   
   
3. Execute Contract for Media and Public Relations Services
   Atwood (909) 396-3687
   (satwood@aqmd.gov)
   On March 5, 2010, the Board approved release of an RFP for Media and Public Relations Services. Thirteen proposals were received by the RFP deadline and were evaluated based on the criteria stated in the RFP. The Administrative Committee reviewed this item on July 16, 2010, interviewed the top four candidate firms and recommended executing a one-year contract with Valencia & Co. for $152,625, with an option to renew for two additional one-year contracts at the discretion of the Board. (Review: Administrative Committee, July 16, 2010)
   
   
4. Adopt Resolution and Recognize Funds from CARB, Transfer Funds and Appropriate Funds to Execute New Contract, and Amend Existing Contract for Demonstration of Aftertreatment Technology for Locomotives
   Hogo (909) 396-3184
   (hhogo@aqmd.gov)
   In June 2010, the AQMD received a $150,957 award from CARB to further demonstrate diesel particulate filter (DPF) technologies in locomotives. This action is to adopt a resolution with CARB, recognize $150,957 from CARB, and execute a contract with Caterpillar, Inc. to demonstrate a DPF technology on a switch locomotive. On February 5, 2010, the Board recognized $100,000 from the U.S. EPA and awarded $25,000 to MotivePower, Inc. to assist in the design and optimization of a selective catalytic reduction system on a Metrolink passenger locomotive. Since then, staff has worked with MotivePower to execute the contract. However, the contract negotiation was not completed by the end of FY 2009-10. This action is to reappropriate funds from the Undesignated Fund Balance and reissue the existing award to MotivePower. (Review: Technology Committee, July 23, 2010)
   
   
5. Execute Contract to Administer Hybrid Truck and Bus Voucher Incentive Project and Appropriate Funds from Undesignated Fund Balance
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   In December 2009, the Board approved the allocation of $1.5 million to cost-share the hybrid truck and bus voucher incentive project (HVIP) which reduces the high cost of hybrid vehicles within the AQMD region. This action is to execute a contract with CALSTART for the HVIP in an amount not to exceed $1.5 million from the Clean Fuels Fund. In addition, the Board previously recognized $1 million from the U.S. EPA for truck retrofits, but the contract was not executed by the end of the fiscal year due to a delay of Proposition 1B state funds as match for these projects. As a result, this action is to also appropriate funds from the undesignated fund balance to conduct the project. (Review: Technology Committee, July 23, 2010)
   
   
6. Appropriate Funds to 2010 Lawnmower Exchange Program for Events Scheduled in FY 2010-11
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   At its February 5, 2010 meeting, the Board recognized funds to conduct the AQMD’s “Mow Down Air Pollution 2010” Program. Twelve events have been scheduled from May 1 through August 7, 2010 with 9,380 mowers to be exchanged. This action is to approve the transfer of $50,000 from the Air Quality Investment Fund to the FY 2010-11 Science & Technology Advancement budget to carry out the lawnmower exchange events scheduled in FY 2010-11. (Review: Technology Committee, July 23, 2010)
   
   
7. Appropriate Funds and Execute Contracts for LNG Infrastructure under Department of Energy American Recovery and Reinvestment Act and Clean Cities Programs
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   In November 2009, the AQMD received two Department of Energy awards for natural gas infrastructure and vehicles. The Board authorized contracts with United Parcel Service (UPS) for $5,591,610 and Applied LNG Technologies for $150,000. UPS has subsequently requested the infrastructure portion of their award be granted to Clean Energy. This action is to execute a contract with Clean Energy in an amount not to exceed $1,534,517 for this station. In addition, this action is to appropriate funds in the amount of $150,000 into the FY 2010-11 Science & Technology Advancement FY 2010-11 Budget, Professional and Special Services Account, for a previously approved contract with Applied LNG Technologies, Inc. (Review: Technology Committee, July 23, 2010)
   
   
8. Transfer Funds from Clean Fuels Program Fund, Carl Moyer Program Fund AB 923 Account, and Proposition 1B Program Fund for Administrative Support and Related Activities
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   The Clean Fuels, Carl Moyer and Proposition 1B Goods Movement Programs execute hundreds of contracts totaling over $150 million annually. These large programs have ongoing administrative, outreach, education and other directly related activities which require outside contractor resources and technical and expert support. Each fiscal year, staff requests fund transfers to support each of these programs. This action is to transfer $600,000 from the Clean Fuels Program Fund, $300,000 from the Carl Moyer Program Fund AB 923 Account, and $300,000 from the Proposition 1B Program Fund to the FY 2010-11 Budget of Science & Technology Advancement, Services and Supplies Major Object, Professional and Special Services Account to support these administrative activities. (Review: Technology Committee, July 23, 2010)
   
   
9. Recognize Funds and Execute Contracts for Natural Gas Fueling Stations under California Energy Commission AB 118 Program
   Liu (909) 396-2105
   (cliu@aqmd.gov)
   In May 2010, the California Energy Commission announced AB 118 Alternative and Renewable Fuel and Vehicle Technology Program awards, of which $2.9 million was granted to the AQMD. This action is to recognize these funds into the Clean Fuels Fund, and then execute a contract with Clean Energy for the construction of up to eight CNG and two LNG fueling stations in an amount not to exceed $2,600,000 and a contract with Earth Energy Fuels, Inc. to construct a CNG fueling station in an amount not to exceed $300,000. (Review: Technology Committee, July 23, 2010)
   
   
10. This Item withdrawn by staff.
    
    
11. Amend Contracts to Provide Short- and Long-Term Systems Development, Maintenance and Support Services
    Marlia (909) 396-3148
    (cmarlia@aqmd.gov)
    The AQMD currently has contracts with several companies for short- and long-term systems development, maintenance and support services. These contracts are periodically amended to add budgeted funds as additional needs are defined. This action is to amend the contracts approved by the Board to add additional funding of $465,000 for needed development and maintenance work. Funds for this purchase are included in the FY 2010-11 Budget. (Review: Administrative Committee, July 16, 2010)
    
    
12. Authorize Purchase of Network Servers
    Marlia (909) 396-3148
    (cmarlia@aqmd.gov)
    Server replacements are required to support the ongoing Windows Server 2008 operating system upgrades. The existing servers are becoming obsolete and will no longer be supported by the manufacturer. This action is to authorize the purchase of HP ProLiant DL580 G5 servers to support the ongoing Windows Server operating system upgrades. Funds for this purchase ($75,000) are included in the FY 2010-11 Budget. (Review: Administrative Committee, July 16, 2010)
    
    
13. Authorize Funds for Coatings and Solvents Acquisition
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    Architectural coatings and solvent usage contribute over 40 tons per day of VOC emissions under the regulatory authority of the AQMD. Compliance reviews and investigations require the acquisition of coatings and solvents from various points of sale with an associated cost. This action is to authorize $50,000 from Rule 314 - Fees for Architectural Coatings for the purchase of products relative to compliance activities. (Review: Administrative Committee, July 16, 2010)
    
    
14. Approve Transfer of Monies from Health Effects Research Fund to Brain & Lung Tumor and Air Pollution Foundation
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov)
    At the April, 2010 Annual Meeting of the Brain & Lung Tumor and Air Pollution Foundation, the Foundation Board asked that any funds transferred to the Health Effects Research Fund by the AQMD Governing Board be reserved for the Foundation's use to support brain and lung tumor and air pollution research, but not transferred until specific projects are identified by the Foundation Board. This item is to transfer $1,000,000 from the Health Effects Research Fund to the Brain & Lung Tumor and Air Pollution Foundation to fund such research. (Review: Administrative Committee, July 16, 2010)
    
    
15. Approve Contract Award under On-Road Vehicles Program as part of FY 2009-10 AB 2766 Discretionary Fund Work Program
    Winterbottom
    As part of the FY 2009-10 AB 2766 Discretionary Fund Work Program, the MSRC approved a new contract awarding funds for the purchase of up to five electric vehicles under their Heavy-Duty Alternative Fuel Engines for On-Road Vehicles Program. The MSRC seeks AQMD Board approval of this contract award. (Review: Mobile Source Air Pollution Reduction Review Committee, July 15, 2010)
    
    
    Information Only - Receive and File
    
    
    
16. Legislative & Public Affairs Report
    Abarca (909) 396-3242
    (oabarca@aqmd.gov)
    This report highlights the June and July 2010 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.
    
    
17. Hearing Board Report
    Camarena (909) 396-2500
    (ecamarena@aqmd.gov)
    This reports the action taken by the Hearing Board during the period of June 1 through July 31, 2010.
    
    
18. Civil Filings and Civil Penalties Report
    Wiese (909) 396-3460
    (kwiese@aqmd.gov)
    This reports the monthly penalties from May 1 through May 31, 2010, and legal actions filed by the District Prosecutor during June 1 through July 31, 2010. An Index of District Rules is attached with the penalty report.
    
    
19. 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 2010 and portions of 2011.
    
    
20. 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 June 1, 2010 and July 31, 2010, and those projects for which the AQMD is acting as lead agency pursuant to CEQA.
    
    
21. Annual Report on AB 2766 Funds from Motor Vehicle Registration Fees for FY 2008-09
    Chang (909) 396-3186
    (echang@aqmd.gov)
    This report contains data on the AB 2766 Subvention Fund Program for FY 2008-09 as requested by CARB. (Review: Mobile Source Committee, July 23, 2010)
    
    
22. Enter Into Mitigation Agreement with City of Newport Beach Regarding Use of Emission Credits for CEQA Mitigation
    Chang (909) 396-3186
    (echang@aqmd.gov)
    The City of Newport Beach has approached the AQMD seeking guidance on using MSERCs to mitigate significant NOx emissions during dredging activities to remove contaminated sediments from the Rhine Channel of the Lower Newport Harbor. The City of Newport Beach has committed to implementing all feasible onsite mitigation such as use of the cleanest burning construction equipment and boats available, however project air quality impacts will remain significant without the use of emissions reduction credits. In response to similar requests in the past, AQMD has established a procedure to follow when using emission credits as CEQA mitigation. As a responsible agency, the AQMD would enter into a Mitigation Agreement with the lead agency, signed by the Executive Officer.
    
    
23. Report on Board’s Direction Regarding Adoption of Amendments to Rule 1193
    Hogo (909) 396-3184
    (hhogo@aqmd.gov)
    At the July 2010 Board meeting, the Board adopted amendments to Rule 1193 – Clean On-Road Residential and Commercial Refuse Vehicles. As part of the amendments, the Board adopted a provision to allow small private refuse fleet operators (with less than 50 refuse vehicles) up to two one-year extensions to comply with the Rule requirements if the private fleet operator demonstrates an economic hardship. Staff has developed specific rule language to implement the Board’s direction. This action is to receive and file this report on the specific rule language implementing the Board’s direction.
    
    
24. FY 2009-10 Contract Activity
    O’Kelly (909) 396-2828
    (mokelly@aqmd.gov)
    This report lists the number of contracts let during FY 2009-10, the respective dollar amounts, award type, and the authorized contract signatory for the AQMD. This report includes the data provided in the March 2010 report covering contract activity for the first six months of FY 2009-10.
    
    
25. Summary of Changes to FY 2009-10 Approved Budget
    O’Kelly (909) 396-2828
    (mokelly@aqmd.gov)
    This is the annual report of budget changes for FY 2009-10.
    
    
26. Report of RFPs and RFQs Scheduled for Release in September
    O’Kelly (909) 396-2828
    (mokelly@aqmd.gov)
    This report summarizes the RFPs and RFQs for budgeted services over $75,000 scheduled to be released for advertisement for the month of September. (Review: Administrative Committee, July 16, 2010)
    
    
27. Status Report on Major Projects for Information Management Scheduled to Start During First Six Months of FY 2010-11
    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 provide the monthly status report on major automation contracts and projects to be initiated by Information Management during the first six months of FY 2010-11.
    
    
28. Items Deferred from Consent Calendar
    
    
    BOARD CALENDAR
    
    
29. Administrative Committee
    Chair: Burke
    Wallerstein (909) 396-3131
    (bwallerstein@aqmd.gov)
    
    
30. Mobile Source Committee
    Chair: Loveridge
    Chang (909) 396-3186
    (echang@aqmd.gov)
    
    
31. Stationary Source Committee
    Chair: Yates
    Nazemi (909) 396-2662
    (mnazemi1@aqmd.gov)
    
    
32. Technology Committee
    Chair: Gonzales
    Liu (909) 396-2105
    (cliu@aqmd.gov)
    
    
33. Year 2030 Air Quality & Energy Ad Hoc Committee
    Chair: Pulido
    Chang (909) 396-3186
      (echang@aqmd.gov)
    
    
34. Mobile Source Air Pollution Reduction Review Committee
    Board Liaison: Antonovich
    Hogo (909) 396-3184
    (hhogo@aqmd.gov)
    
    
35. California Air Resources Board Monthly Report
    Board Rep: Loveridge
    McDaniel (909) 396-2500
    (smcdaniel@aqmd.gov)
    
    
36. California Fuel Cell Partnership Steering Team Meeting Summary and Quarterly Update
    Miyasato (909) 396-3249
    (mmiyasato@aqmd.gov)
    This report summarizes the California Fuel Cell Partnership Steering Team meeting held June 22-23, 2010 and provides quarterly updates for the period beginning January 2010. (Review: Technology Committee, July 23, 2010)
    
    
37. Consider Options for Janitorial Services at Diamond Bar Headquarters and Extend Current Janitorial Services Contract
    Johnson (909) 396-3018
    (bjohnson@aqmd.gov)
    The current contract for janitorial services expires on October 31, 2010. On April 9, 2010, the Administrative Committee reviewed a request to release an RFP for a new three-year contract. At the direction of the Committee, the item was postponed to allow staff to respond to the Committee’s request for additional comparative data on the cost difference between continuing to contract out for these services versus hiring new employees. This action includes an option to either issue an RFP to solicit bids from interested parties in order to secure a new three-year contract, or hire thirteen (13) new full-time employees to perform these services. This action is also to extend the current janitorial services contract at a monthly rate of $29,363, for no more than six months, pending a determination whether to contract out or hire employees. Funding for a janitorial services contract is included in the FY 2010-11 Budget, however, additional appropriations to the Budget would be necessary to cover any increase in AQMD staffing levels. (Review: Administrative Committee, July 16, 2010)
    
    
    
PUBLIC HEARINGS



38. Adopt Proposed Rule 1420.1 - Emissions Standard for Lead From Large Lead-acid Battery Recycling Facilities
    Staff is recommending that the public hearing on this item be continued to the October 1, 2010 Board Meeting.
    Chang (909) 396-3186
    (echang@aqmd.gov)
    On October 15, 2008, the U.S. EPA amended the National Ambient Air Quality Standard (NAAQS) for Lead. The standard has been lowered from 1.5 µg/m3 to 0.15 µg/m3 in order to provide an adequate margin of safety that would ensure the protection of public health. Based on current monitoring data, large lead-acid battery recycling facilities are one of the largest sources of lead. Proposed Rule 1420.1 establishes additional requirements for large lead-acid battery recycling facilities to meet attainment of the new NAAQS for Lead. (Review: Stationary Source Committee, April 16, May 21, and June 18, 2010)
    
    
39. Amend Rule 1401 - New Source Review of Toxic Air Contaminants and Preliminary Impact Assessment for Facilities Subject to Rule 1402 - Control of Toxic Air Contaminants From Existing Sources
    Chang (909) 396-3186
    (echang@aqmd.gov)
    The proposal would add or revise non-cancer chronic and acute risk values for acetaldehyde, acrolein, arsenic, fluorides, formaldehyde, manganese, and mercury on the list of toxic air contaminants (TACs) in Rule 1401 - New Source Review of Toxic Air Contaminants. In addition to impacts for new, modified, and relocated equipment subject to Rule 1401, a preliminary assessment of impacts for existing facilities subject to Rule 1402 - Control of Toxic Air Contaminants from Existing Sources, is included because Rule 1402 uses the same list of TACs. (Review: Stationary Source Committee, June 18, 2010)
    
    
40. Amend Rule 1150.1 - Control of Gaseous Emissions from Municipal Solid Waste Landfills
    Staff is recommending that the public hearing on this item be continued to a later date pending CARB’s decision on rule implementation dates.
    Tisopulos (909) 396-3123
    (ltisopulos@aqmd.gov)
    The proposed amendments will incorporate provisions to make the rule consistent with a CARB statewide rule for landfills, add NESHAP requirements which are already in effect, make minor corrections for clarity and amendments to reduce recordkeeping and reporting requirements to multiple agencies. (Review: Stationary Source Committee, July 23, 2010)
    
    OTHER BUSINESS
    
    
41. Execute Contract for Expert Technical Consulting Services in Building Services, Add and Delete Positions, and Revise Salary Resolution
    Johnson (909) 396-3018
    (bjohnson@aqmd.gov)
    This action is to execute a contract with retired AQMD employee Gary Heiss, the former Building Maintenance Manager, to provide expert technical consulting services towards maintaining efficient functioning of the Diamond Bar facility and the array of air monitoring stations. This action also approves specific findings under Health and Safety Code Section 40426.7, which the Board is required to make before contracting with former AQMD employees within 12 months of their retirement. The total cost of the contract will not exceed $20,000. Additionally, to enhance efficiency and meet current program needs, this action is to add the position of Building Maintenance Manager and revise the Salary Resolution for the class of Building Supervisor, both in Administrative & Human Resources. In order to achieve further District-wide salary savings, this action is also to delete a Senior Office Assistant position in Information Management. The net annual top-step salary and benefits cost of these changes is approximately $63,654. Sufficient funds are available in the FY 2010-11 Budget to cover the cost of these actions.
    
    
42. Proposed Regional Greenhouse Gas Emission Reduction Targets
    Chang (909) 396-3186
    (echang@aqmd.gov)
    On August 9, 2010, CARB staff released its proposed Regional Greenhouse Gas Emission Reduction Targets pursuant to Senate Bill 375, which is scheduled for consideration at the September 23, 2010 CARB Board hearing. This item is to seek Board approval on AQMD staff comments to CARB regarding their proposed Regional Greenhouse Gas Emission Reduction Targets.
    

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:

• NRDC, et al. v. SCAQMD, et al., U.S. District Court Case No. CV08-05403 GW (PLAx) and U.S. Court of Appeals, 9th Circuit, Case No. 09-57064;
• CCAT, et al. v. State of California; SCAQMD, et al., Los Angeles Superior Court Case No. BS124264 and California Court of Appeal, Second District, Case No. B226692;
• NPCA v. SCAQMD, Court of Appeal, 4th Appellate District, Division Three, Case No. G040122 and Supreme Court of California Case No. S177823;
• Association of American Railroads, et al. v. SCAQMD, et al., U.S. District Court Case No. CV06-1416 JFW (PLAx) and U.S. Court of Appeals, 9th Circuit, Case No. 07-55804;
• W.M. Barr & Company, Inc. v. SCAQMD, Los Angeles Superior Court Case No. BS119869;
• Southern California Gas Company v. SCAQMD, Los Angeles Superior Court Case No. BS122004;
• Communities for a Better Environment v. South Coast Air Quality Management District, et al., Los Angeles Superior Court Case No. BS091275, and Carlos Valdez, et al. v. South Coast Air Quality Management District, et al., Los Angeles Superior Court Case No. BS091276, Court of Appeal of the State of California Case No. B193500, and Supreme Court of California Case No. S161190;        
• Voices of the Wetlands v. California State Water Resources Control Board, et al., California Supreme Court Case No. S160211; and
• Robert Sarvey v. North Coast Unified Air Quality Management District, et al., Humboldt Superior Court Case No. CV 100303.

It is also necessary for the Board to recess to closed session under Government Code section 54956.9(c) to consider initiation of litigation (one case).   In addition, 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

ACRONYMS