### BOARD MEETING DATE: June 7 , 2013 AGENDA NO. 1

MINUTES: Governing Board Monthly Meeting

SYNOPSIS: Attached are the Minutes of the May 3 , 2013 meeting.

RECOMMENDED ACTION: Approve Minutes of the May 3 , 2013 Board Meeting

.

Saundra McDaniel

, C lerk of the Boards

SM: dpFRIDAY, MAY 3 , 2013

Notice having been duly given, the regular meeting of the South Coast Air Quality Management District Board was held at District Headquarters, 21865 Copley Drive, Diamond Bar, California. Members present:

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

Mayor Dennis R. Yates, Vice Chairman Cities of San Bernardino County

Supervisor Michael D. Antonovich County of Los Angeles

Councilmember Ben Benoit Cities of Riverside County

Councilmember Michael A. Ca cciotti Cities of Los Angeles County

– Eastern Region

Supervisor Josie Gonzales County of San Bernardino

Dr. Joseph K. Lyou Governor’s Appointee

Mayor Pro Tem Judith Mitchell Cities of Los Angeles County

– Western Region

Supervisor Shawn Nels on (arrived at 9:45 a.m.) County of Orange

Dr. Clark E. Parker , Sr. Senate Rules Committee Appointee

Councilmember Jan Perry City of Los Angeles

Mayor Miguel A. Pulido (arrived at 10 :50 a.m.) Cities of Orange County

Member Absent:

Supervisor Joh n J. Benoit County of Riverside- 2

-

CALL TO ORDER : Chairman Burke called the meeting to order at 9 : 1 0 a.m.

 Pledge of Allegiance: Led by Councilman Benoit.

 Opening Comments

Councilman Cacciotti

. Demonstrated an electric lawnmower and shared photographs of the SCAQMD electric lawnmower exchange event in South

Pasadena. He detailed a recent visit to Loyola High School

, where staff presented three AP Environmental Policy S cience class es with information regarding technological advancement s in transportation as well as electric lawn care equipment.

Dr. Barry R. Wallerstein, Executive Officer

. N oted that errata sheets for

Item s 1 and 28 were distributed to Board members and copies made available to the public; and explained that staff is withdrawi ng the errat a sheet that was

distributed on Item No. 30.

CONSENT CALENDAR

1. Approve Minutes of April 5, 2013 Board Meeting

An errata sheet containing an amendment to page 4 of the Minutes was provided to the Board Members and copies made available to the public.

2. Execute Contract for Implementation of U.S. EPA’s Targeted Air Shed Grant Program

3. Designate Funds and Authorize Payment for Low Emissions Hearth Product Incentive Voucher Program in Target Areas

4. Execute Contract for Natural Gas Vehicle R eplacements under AB 1318

5. Adopt Resolution Recognizing Additional Funds for FY 2012

- 13 Carl Moyer Program, Execute and Amend Contracts under Carl Moyer Program and

SOON Provision and Transfer Funds

6. Issue RFP for On

- Road Heavy

- Duty Development , Integration, and

Demonstration of Ultra

- Low Emission Natural Gas Engines- 3

-

7. Execute and Amend Contract with Legal Counsel to Provide Representation in Employment Litigation

8. Execute Contract for Landscape Maintenance at Diamond Bar Headquarters

9. Execute Contract to Conduct Engineering Analysis of Existing Cooling Tower Support Structures at Diamond Bar Headquarters

10. Authorize Purchase of Audio

- Visual System Upgrade

11. Approve Transfer of Monies from Health Effects Research Fund to B rain & Lung Tumor and Air Pollution Foundation

Action Item /No Fiscal Impact

12. Adopt SCAQMD Proposals for CEQA Reform

Items 13 through 18

- Information Only/Receive and File

13

. Legislative and Public Affairs Report

14

. Hearing Board Report

15

. Civil Filings and Civil Penalties Report

16

. Lead Agency Projects and Environmental Documents Received by SCAQMD

17

. Rule and Control Measure Forecast

18

. Status Report on Major Projects for Information Management Scheduled to Start During Last Six Months of FY 2012

- 13

BOARD CALENDAR

20. Administrative Committee

21. Legislative Committee

22

. Refinery Committee- 4

-

23

. Stationary Source Committee

24. Technology Committee

25

. California Air Resources Board Monthly Report

Agenda Item s 10, 11

, 12 and 24 were withheld for comment and

discussion.

MOVED BY YATES, SECONDED BY CACCIOTTI,

AGENDA ITEMS 1 THROUGH 9, 13 THROUGH 23

AND 25 APPROVED AS RECOMMENDED : ADOPTING RESOLUTION NO. 13

- 10

RECOGNIZ ING FUNDS AND A CCEPTING TERMS

AND CONDITIONS OF THE FY 2012

- 13 CARL

MOYER GRANT AWARD ; RECEIVING AND

FILING THE BOARD COMMITTEES AND CARB

REPORTS ; AND ADOPTING THE POSITIONS ON LEGISLATION AS SET FORTH BELOW, WITH

THE MODIFICATION TO ITEM NO. 1 AS STATED

IN THE ERRATA SH EET AND SET FORTH

BELOW

, BY THE FOLLOWING VOTE:

AYES: Antonovich, B. Benoit, Burke, Cacciotti,

Gonzales, Lyou, Mitchell, Parker, Perry

and Yates.

NOES: None.

ABSENT: J. Benoit, Nelson and Pulido.

Agenda Item Recommended Position

AB 953 (Ammiano) California Support Environmental Quality Act

SB 617 (Evans) California Oppose, Unless Amended Environmental Quality Act

SB 731 (Steinberg) Environment: Work with Author

California Environmental Quality

SB 787 (Berryhi ll) Environmental Oppose Quality: The Sustainable

Environmental Protection Act

AB 466 (Quirk

- Silva) Federal Work with Author Transportation Funds- 5

-

AB 1077 (Muratsuchi) Sales Support

and Use Taxes: Vehicle

License Fee: Exclusion:

Altern ative Fuel Motor Vehicles

SB 454 (Corbett) Air Resources: Watch Electric Vehicle Charging

Station

SB 621 (Gaines) Vehicular Oppose Air Pollution: Exemption:

Low

- Use Vehicles: Non

- Profit Organizations

Revision to page 4, first paragraph, of the Minutes, Item #1 :

Dr. Lyou announced his abstention on Item No. 4 because his employer is a

party to the China Shipping Settlement , a portion of which is proposed to be used as a source of funding for the catenary truck demonstration project, is a

pot ential source of income to him and on Item No. 14...

19

. Items Deferred from Consent Calendar

11. Approve Transfer of Monies from Health Effects Research Fund to Brain &

Lung Tumor and Air Pollution Foundation

Jesse Marquez, Coalition for a Safe Envir onment

, addressed the

Board and requested that funding go to health issues that affect

envi ronmental justice communities as a result of the petroleum and ports

moveme nt industry

, including leukemia , lymphoma, myeloma and respiratory diseases ; and expressed concern with Board Members serving

on the Foundation’s Board of Directors

.

Dr. Wallerstein commented that he would meet with Mr. Marquez to

discuss what he views as a priority in the research field

.

Chairman Burke noted that the Board welcomes input o n what other conditions should be viewed as priority.

Kurt Wiese, General Cou n sel, confirmed that no conflict of interest

exists by Board members serving on the Foundation Board, because it is

a non

- profit organization

.

12. Adopt SCAQMD Proposals for CEQA Reform

Jesse Marquez, Coalition for a Safe Environment

, addressed the

Board and acknowledged that while some of the CEQA lawsuits filed are frivolous

, that does not represent the vast majority of the public’s interest; and noted the primary reason f or delays in the CEQA process is because

of the failure of agencies to provide adequate and comprehensive EIR s

.- 6

-

Dr. Wallerstein responded that the proposed bills are designed to
streamline CEQA without weakening the objectives of protect ing the

environm ent.

Mayor Yates detailed the practices of s elect lawyers who abuse the system by disregard ing the EIR and mitigation process and seek monetary gain from either a court judgment or a payoff from the project developers.

Dr. Lyou explained that having suc cessfully used CEQA in the past

, he has concerns about certain proposals in the reform that threaten those acting in th e public ’s interest.

MOVED BY YATES, SECO NDED BY CACCIOTTI, AGENDA ITEM S 11 AND 12

APPROVED AS RECOMMENDED

, BY THE

FOLLOWING VOTE:

AY ES: Antonovich, B. Benoit, Burke,

Cacciotti, Gonzales, Lyou (except Item #12), Mitchell, Parker, Perry

and Yates.

NOES: Lyou (Item #12 only)

.

ABSENT: J. Benoit, Nelson, and Pulido.

(Supervisor Nelson arrived at 9:45 a.m.)

10. Authorize Purchase of Audi o

- Visual System Upgrade

The following individual addressed the Board on Agenda Item No. 10

.

Brad Caldwell, Integrated Media Systems , explained that his

company has had a long

- standing relationship with the District and its
audio visual, video and contro l systems ; expressed concern regarding inadequacies in the RFP bid process; and suggested a review of the process and the evaluation criteria for future releases.

Chairman Burke noted that if an applicant is not satisfied with the firm selected, they ha ve 10 days to file a grievance

.

MOVED BY B. BENOIT

, DULY SECONDED

, AGENDA ITEM 10 APPROVED AS

RECOMMENDED

, BY THE FOLLOWING

VOTE:- 7

-

AYES: Antonovich, B. Benoit, Burke,

Cacciotti, Gonzales, Lyou

, Mitchell, Nelson

, Parker, Perry

and Yates.

NOES: None.

ABS ENT: J. Benoit and Pulido.

24. Technology Committee

Dr. Lyou commented on discussion item nu mber 5 on the committee report regarding the demonstration of low

- emission outdoor fire pit rings , noting that it would have been ideal for the demonstration t o have been completed before the Board decides about potentially banning

the wood

- burning beach fire pits. He suggested that

, in the future

, the

Board is provided detailed information about possible alternatives prior to taking action on an item.

In resp onse to Mayor Yates ’ request for the opinion of counsel regarding the cities ’ right to remove the fire pits, Dr. Wallerstein noted that

some new ly received information requires adequate review by counsel prior to discussion.

MOVED BY LYOU , SECONDED BY PER RY

,

AGENDA ITEM 24 APPROVED, RECEIVING

AND FILING THE TECHNOLOGY COMMITTEE REPORT, BY THE FOLLOWING

VOTE:

AYES: Antonovich, B. Benoit, Burke,

Cacciotti, Gonzales, Lyou

, Mitchell, Nelson, Parker, Perry

and Yates.

NOES: None.

ABSENT: J. Benoit and Pulido.

Dr. Wallerstein suggested that the Board address Agenda Item No. 29 prior to the other public hearing items.- 8

-

PUBLIC HEARING

29. Amend Rule 445

– Wood

- Burning Devices and Amend Rule 444

– Open Burning (Note: At its May 3, 2013 meeting, the SCAQM D Governing Board

considered all parts of Proposed Amended Rules 445 and 444, except specific provisions related to beach fire rings. Beach fire rings will be considered at the June 7th Board meeting.)

Dr. Philip Fine, Assistant DEO / Technology Advancemen t Office

, gave the

staff presentation

.

Mayor Yates noted that the beach fire ring issue will be heard at the June 7, 2013 meeting and that the Board would only hear testimony relevant to the other portions of Rule 444 and Rule 445 amendments; and that any testimony not related to those portions, should be made during the public comment period.

The public hearing was opened and the following individuals addressed the Board on Agenda Item 29.

TERRY ROBERTS, American Lun g Association in Californi a Expressed support for the proposed amendments to place controls on wood smoke pollut ion to reduce health impacts on local communities based on the scientific evidence linking wood smoke pollution to lung disease, heart disease and premature death

.

JOHN CR OUCH, Hearth, Patio and Barb ecu e Association Applauded staff for their collaborative efforts throughout the rule development process; and expressed disappointment that an agreement was not reached regarding qualified fireplaces

.

Submitted Written Com ments

Guilia D’Alesio

Mary Giacoletti

Councilman Cacciotti asked for more specific information regarding the

health studies and the ir findings regarding health impacts.

Dr. W a llerstein responded that staff intends to provide that additional

information to the Board when it considers the fire pit amendments at its June 7, 2013 meeting.

In response to Chairman Burke’s inquiry about potential particulate pollution from wild fires currently burning in the basin

, Dr. Wallerstein replied that

staff has been analyzing the data received from SCAQMD monitoring stations and will determine if additional monitoring equipment needs to be deployed

based on that data

.- 9

-

Dr. Jean Ospital , Health Effects Officer, noted the health effects

associated with particulate matte r from smoke rang e from inhibited lung function

in chi ldren to increased mortality rates; and detailed those effects related specifically to wood smoke exposure including eye

, throat and respiratory
irritation, increased respiratory ailments and a r ecent s tudy indicates a relation to chronic obstructive pulmonary disease.

Supervisor Gonzales suggested that a provision be added that would prohibit any recreational burning when wildfires are burning in the region.

Dr. Wallerstein responded that staff wou ld analyze the feasibility of such

an addition and provide a report to the Board’s Stationary Source C ommittee.

MOVED BY YATES , SECONDED BY GONZALES, AGENDA ITEM NO. 29

APPROV ED, A MEND ING RESOLUTION NO.

13

- 12 CERTIFYING THE NOTICE OF

EXEMPTION AND ADOPTIN G RULE 445,

AND A MEND ING RULE 444, WITH THE

EXCEPTION OF PROVISIONS IN PARAGRAPHS (b)(11) and (c)(7), SUBPARAGRAPH (d)(3)(G), AND

PARAGRAPH S (h)(5) and (6) WHICH WILL BE CONSIDERED AT THE JUNE 7, 2013 BOARD MEETING, AS RECOMMENDED BY

STAFF , BY THE FOLLOWIN G VOTE:

AYES: Antonovich, B. Benoit, Burke,

Cacciotti, Gonzales, Lyou,
Mitchell, Nelson, Parker, Perry

and Yates.

NOES: None.

ABSENT: J. Benoit and Pulido.

26. Adopt Executive Officer’s FY 2013

- 14 SCAQMD Budget and Work Program and CPI Fee Adjustment and Revise Board Member Assistant and Board Member Consultant Policy

Michael O’Kelly, Chief Financial Officer, gave the staff presentation.

In response to Councilman Cacciotti ’s inquiry about the status of

investment funds , Mr. O’Kelly noted that the D istrict’s investment returns are doing well on a relative basis and in comparison to other government al agencies that fall under the same government code requirements regarding credit quality
and, maturity limits.- 10

-

The public hearing was open ed and the foll owing individual addressed the Board on Agenda Item 26.

HARVEY EDER , Public Solar Power Coalition Requested that fee waivers be available for low income individuals that

want to appeal permit decisions.

There being no further public testimony on t his item, the public hearing

was closed.

Dr. Wallerstein noted that a report will be made to the Administrative Committee regarding the procedure in place for fee waivers.

Dr. Parker inquired if the Board is presented with information at intervals

throu ghout the year regarding budgeted versus actual financial transactions

.

Dr. Wallerstein noted that the Board receives an extensive presentation at the annual Board Retreat and a monthly penalty report with each Board meeting package. He added that , per the Board’s request, staff will begin sending status update s on a quarterly basis.

MOVED BY GONZALES, SECONDED BY
PARKER, THE FOLLOWING ACTIONS

APPROVED ON AGENDA ITEM NO. 26 AS RECOMMENDED BY STAFF, BY THE

FOLLOWING VOTE:

1) REMOVE FROM RESERVES AND

DES IGNATIONS ALL AMO UNTS

ASSOCIATED WITH THE FY 2012

- 13 BUDGET;

2) APPROVE TOTAL APPROPRIATIONS OF $129

, 202,928 ;

3) APPROVE A PROJECTED JUNE 30, 20 14

FUND BALANCE OF $ 20,633,153 AND

TOTAL UNDESIGNATED OF $ 15,586,988 ;

4) APPROVE TOTAL REVENUES OF $129

, 202,298 ;

5) APP ROVE THE ADDITION OF 1

AUTHORIZED/FUNDED POSITION AND

DELET ION OF 2 POSITIONS AS DETAILED IN THE DRAFT BUDGET; AND- 11

-

6) AMEND THE BOARD MEMBER ASSISTANT

AND BOARD MEMBER CONSULTANT

POLICY AS SET FORTH IN ATTACHMENT

A OF THE BOARD LETTER.

AYES: Antonovich, B. Benoit, Burke,

Cacciotti, Gonzales, Lyou,
Mitchell, Nelson, Parker, and

Yates.

NOES: None.

ABSENT: J. Benoit, Perry and Pulido

.

27. Annual Report for 2012 on AB 2588 Air Toxics Hot Spots Program

Staff waived the oral presentation on Agenda Item 27.

The public hearing was opened, and there being no requests to speak, the
public hearing was closed.

MOVED BY YATES , SECONDED BY GONZALES, AGENDA ITEM NO. 27 APPROVED, BY THE FOLLOWING VOTE:

AYES: Antonovich, B. Benoit, Burke,

Cacciotti, Gonzales, Lyou,
Mitchell, Nelson, Parker, Perry

and Yates.

NOES: None.

ABSENT: J. Benoit and Pulido

.

28. Amend Rule 219

– Equipment Not Requiring a Written Permit Pursuant to Regulation II and Amend Rule 222

– Filing Requirements for Specific Emission

Sources Not Requiring a Written Permit Pursuant to Regulation II

Naveen Berry , Planning and Rules Manager, gave the staff presentation.

H e noted an errata sheet adding the words “equal to or” in reference to maximum holding capacity by asphalt day tankers and t ar pots.

(Mayor Pulido arrived at 10:50 a.m.)- 12

-

The public hearing was opened and the following individuals addre ssed the Board on Agenda Item 28.

RITA LOOF , RadTech Explained that Rule 219 presents an opportunity for the District to provide

inc entives to companies who voluntarily reduc e their emissions ; and encouraged

the Board to ensure 1) the reduction of unnecessary complications for companies

who have already re duced their emissions above required levels ; 2) clarification

of rule language ; a nd 3) a level playing field for all ind ustries so that no one suffers a competitive disadvantage. (Submitted Written Comments)

WILLIAM CRAYCRAFT Urged the Board to consider the effect of the amendments on a number of manufacturing industries , inc luding businesses moving their operations to other

states or countries. He requested a delay in adoption to further consider amendments to the proposed rule.

There being no further public testimony on this item, the public hearing

was closed.

Submitted Written Comments Monique Favreau, H&H Enterprises Terry Thompson, PCT Engineered Systems, LLC Jerry Trauth, Kustom Group Anthony Carignano, Cytec Coating Resins

Dr. Laki Tisopulos, Assistant DEO/ Planning & Rules

, explained that the proposed amendment s do not positively or negatively impact the UV/EB industry who already have a generous exemption in the rule , adopted during a previous

amendment

. If the Board desires additional exemptions, staff could address that at a future meeting of the Stationary Sour ce Committee.

Dr. Lyou requested staff address the following items for presentation to

the Stationary Source Committee: 1) explore incentives to promote the

conv ersion from existing higher polluting equipment to less polluting technology and 2) address t he complications associated with the add

- on technology exemptions.

Supervisor Nelson noted the value of simplifying these more complex rules and regulations.

Supervisor Gonzales stressed the importance of addressing issues that

have an impact on the en tire region and the overall goal of the SCAQMD

.- 13

-

MOVED BY GONZALES , SECONDE D BY

YATES , AGENDA ITEM NO. 28 APPROV ED,

ADOPTING RESOLUTION NO. 13

- 11

CERTIFYING THE NOTICE OF

PREPARATION OF A DRAFT

ENVIRONMENTAL ASSESSMENT AND

A MEND ING RULE 219 AND RULE 222 , AS RECOMMENDED BY STAFF, WITH THE

MODIFICATIONS AS STATED IN THE ERRATA SHEET AND SET FORTH BELOW,

BY THE FOLLOWING VOTE:

AYES: Antonovich, B. Benoit, Burke,

Cacciotti, Gonzales, Lyou, Mitchell, Nelson, Parker, Perry,

Pulido and Yates.

NOES: None.

ABSENT: J. Benoit.

Add the following language to Proposed Amended Rule 222 as shown

in BOLD DOUBLE UNDERLINE

.

(b) Applicability

TABLE I
Asphalt Day Tankers, with a maximum holding capacity equal to or greater than 600 liters (159 gallons) but no more tha n 18,925 liters (5,000 gallons) and are equipped with a demister and burner(s) designed to fire exclusively on liquefied petroleum gases

. 5/3/2013

Tar Pots or Tar Kettles, with a maximum holding capacity equal to or greater than 600 liters (159 gallons) but no more than 3,785 liters (1,000 gallons) and are equipped with burner(s) designed to fire exclusively on liquefied petroleum gases. 5/3/2013

(c) Definitions

(4) ASPHALT DAY TANKER is a storage tank mounted on a motor vehicle and is used exclusively for the storage, holding, melting, and transfer of asphalt or coal tar pitch with a maximum holding capacity equal to or greater than 600 liters (159 gallons) but no more than 18,925 liters (5,000 gallons), is equipped with a demister and burner(s) design ed to fire exclusively on liquefied petroleum gases.- 14

-

(26) TAR POT (also known as a tar kettle) is any mobile equipment used exclusively for the storage, holding, melting, and transfer of asphalt or coal tar pitch and has a maximum holding capacity equal t o or greater than 600 liters (159 gallons) but no more than 3,785 liters (1,000 gallons) and is equipped with burner(s) that fire exclusively on liquefied petroleum gases.

30. Adopt Proposed Rule 1114

– Petroleum Refinery Coking Operations

Staff waived the oral presentation on Agenda Item 30.

The public hearing was opened and the following individuals addressed the Board on Agenda Item 30.

JESSIE MARQUEZ , C oalition for a Safe Environment Urged for an implementation deadline of 2014; and expressed concern with the out venting of harmful emissions.

Dr. Tisopulos responded that the implementation date is based on each refinery’s next turn around date with an absolute (not to exceed) deadline of December 31, 2016. In regards to out venting, before the coker units are opened to push coke out of the drum, a vent must be opened to the atmosphere to equilibrate the internal vessel pressure with atmospheric pressure. The rule

seeks to minimize resulting environmental impacts by establishing a depressuri zation limit of 2 pounds per square inch gauge pressure prior to venting the coke drums

.

PATTY SENECAL , Western States Petroleum Association Expressed support for the proposed rule ; and acknowledged the

collaboration that has been evident throu ghou t the development process.

YANA GARCIA, ALICIA RIVERA

, DORIAN TIBET and MARIA VASQUEZ

, Communities for a Better Environment

E xpress ed support for the long overdue rule to aid those communities that

are impacted by numerous refineries and other sour ces of pollution leading to

increased instances of cancer and asthma ; and u rge d the Board to move up the compliance deadlines so that refineries have to meet them more quickly.

There being no further public testimony on this item, the public hearing

was c losed.

Supervisor Gonzales thanked the members of CBE for coming forward to express their concerns in reference to the hea lth impacts to their communities.

Chairman Cacciotti expressed support for making the impleme ntation deadline sooner than 2016, if it is not an extreme financial burden for the operators to complete the necessary adjustments.- 15

-

Chairman Burke noted that requiring shut down s by multiple refinerie s within a short period of time would likely result in a spike in gas prices

.

Dr. Parker detail ed the complexity of closing down coking machine s within refinery operations ; and noted that since the turnarounds are a necessary part of their process, they should not be required to shut them down at a separate time to comply with the rule.

Ma yor Pulido urged the Board to move forward in an effort to balance the economic effects versus the public health impacts while continuing to look

towards the big picture in the future

.

MOVED BY NELSON, SECONDED BY GONZALES, AGENDA ITEM NO. 30

APPROVED , ADOPTING RESOLUTION NO.

13

- 13 CERTIFYING THE FINAL

ENVIRONMENTAL ASSESSMENT AND ADOPTING RULE 1114, AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE:

AYES: Antonovich, B. Benoit, Burke,

Cacciotti, Gonzales, Lyou, Mitchell, Nelson, Parker, Perry,

Pulido an d Yates.

NOES: None.

ABSENT: J. Benoit.

PUBLIC COMMENT PERIOD

– (Public Comment on Non

- Agenda Items, Pursuant to Government Code Section 54954.3)

Harvey Eder, Public Solar Power Coalition

, expressed concern with the

San Onofre nuclear power plant bri nging a reactor back online; and urged fo r immediate total solar conversion and the reliance on solar powered technology.

Thomas Sweatt, Citizens of South Coast District , e ncouraged the Board to

focus on bigger issue s and leave the beach fire rings alone; and asked that the Board postpone the vote regarding open burning on beaches indefinitel y

.

Randol Brown

, Citizens of California, expressed concern that the Board is

consideri ng the removal of b each fire pits, without concrete evidence as to the

harm the y pose.- 16

-

Mayor Pulido noted that he is hosting a public forum o n May 17 at

5:00 p.m. at the Huntington Beach City Council Chambers so that Orange County residents have an opportunity to provide their input that will a ssist the

Board in the dec ision

- making process for the Rule 444 amendments related to fire rings

.

CONFLICT OF INTEREST DISCLOSURES

Under the approval authority of the Contract Administrator, the District will enter into a contract modification (No. MS11056B) with The Better W orld Group, Inc. (“BWG”). BWG is a potential source of income for Governing Board Member Joseph Lyou, which qualifies for the remote interest exception of Section 1090. Dr. Lyou abstained from any participation in the making of the contract

modification.

CLOSED SES SION

The Board recessed to closed session at 1 2:1 5 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 , as follow s:

• Flashberg, et al. v. Dublin, et al. , L os Angeles Superior Court Case No. BC463159; and

• Friedman Marketing Corp. dba EZ Flo Nozzle & Equipment Co. v.SCAQMD , Los Angeles Superio r Court Case No. BC495521.

It wa s also necessary for the Board to recess to closed session pursuant to Government Code section 54957.6 to confer regarding upcoming labor negotiations

with:

• designated representatives regarding represented employee salaries and

benefits or other mandator y subjects within the scope of represen tation [Negotiator: William Johnson; Represented Employees: Teamsters Local 911].

Following Closed Session, General Counsel Kurt Wiese announced that there

were no reportable actions taken in closed session.- 17

-

ADJOURNMENT

There being no fur ther busin ess, the meeting was adjourned by Kurt Wiese at

1 2 : 35 p .m

. in memory of Donna Lee Andrews, President of Lee Andrews Group, Inc.

The foregoing is a true statement of the proceedings held by the South Coast Air

Quality Management District Board on May 3 , 20 13

.

Respectfully Submitted,

Denise Pupo

Senior Deputy Clerk

Date Minutes Approved: _________________________

_____________________________________________

Dr. William A. Burke, Chairman

A CRONYMS

CARB = California Air Resources Boar d

CEQA = California Environmental Quality Act

CNG = Compressed Natural Gas

EIR = Environmental Impact Report

FY = Fiscal Year

RFP = Request for Proposals

SOON = Surplus Off

- Road Opt

- In for NOx

U.S. EPA = United States Environmental Protection Agency