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,

Clerk of the Boards

SM:dp
FRIDAY, 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. Cacciotti 

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 Nelson (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 John J. Benoit

County of Riverside
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CALL TO ORDER: Chairman Burke called the meeting to order at 9:10 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 Science classes with information 

regarding technological advancements in transportation as well as electric lawn 

care equipment. 

Dr. Barry R. Wallerstein, Executive Officer. Noted that errata sheets for 

Items 1 and 28 were distributed to Board members and copies made available to 

the public; and explained that staff is withdrawing the errata 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 Replacements 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
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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 Brain & 

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 
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23. Stationary Source Committee 

24. Technology Committee 

25. California Air Resources Board Monthly Report

Agenda Items 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

RECOGNIZING FUNDS AND ACCEPTING 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 SHEET 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 (Berryhill) Environmental Oppose

Quality: The Sustainable 

Environmental Protection Act

AB 466 (Quirk-Silva) Federal Work with Author

Transportation Funds
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AB 1077 (Muratsuchi) Sales Support

and Use Taxes: Vehicle 

License Fee: Exclusion: 

Alternative 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 

potential 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 Environment, addressed the 

Board and requested that funding go to health issues that affect 

environmental justice communities as a result of the petroleum and ports 

movement 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 on what 

other conditions should be viewed as priority. 

Kurt Wiese, General Counsel, 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 for delays in the CEQA process is because 

of the failure of agencies to provide adequate and comprehensive EIRs. 
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Dr. Wallerstein responded that the proposed bills are designed to 

streamline CEQA without weakening the objectives of protecting the 

environment. 

Mayor Yates detailed the practices of select lawyers who abuse the 

system by disregarding 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 successfully used CEQA in the past, 

he has concerns about certain proposals in the reform that threaten those 

acting in the public’s interest. 

MOVED BY YATES, SECONDED BY 

CACCIOTTI, AGENDA ITEMS 11 AND 12 

APPROVED AS RECOMMENDED, BY THE 

FOLLOWING VOTE:

AYES: 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 Audio-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 control 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 have 10 days to file a grievance.

MOVED BY B. BENOIT, DULY SECONDED, 

AGENDA ITEM 10 APPROVED AS 

RECOMMENDED, BY THE FOLLOWING 

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

Cacciotti, Gonzales, Lyou, 

Mitchell, Nelson, Parker, Perry 

and Yates.

NOES: None. 

ABSENT: J. Benoit and Pulido.

24. Technology Committee 

Dr. Lyou commented on discussion item number 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 to 

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 response to Mayor Yates’ request for the opinion of counsel 

regarding the cities’ right to remove the fire pits, Dr. Wallerstein noted that 

some newly received information requires adequate review by counsel 

prior to discussion.

MOVED BY LYOU, SECONDED BY PERRY, 

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. 
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PUBLIC HEARING

29. Amend Rule 445 – Wood-Burning Devices and Amend Rule 444 – Open 

Burning (Note: At its May 3, 2013 meeting, the SCAQMD 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 Advancement 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 Lung Association in California

Expressed support for the proposed amendments to place controls on 

wood smoke pollution 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 CROUCH, Hearth, Patio and Barbecue 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 Comments

Guilia D’Alesio

Mary Giacoletti

Councilman Cacciotti asked for more specific information regarding the 

health studies and their findings regarding health impacts. 

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

associated with particulate matter from smoke range from inhibited lung function 

in children 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 recent study 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 would analyze the feasibility of such 

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

MOVED BY YATES, SECONDED BY 

GONZALES, AGENDA ITEM NO. 29

APPROVED, AMENDING RESOLUTION NO. 

13-12 CERTIFYING THE NOTICE OF 

EXEMPTION AND ADOPTING RULE 445, 

AND AMENDING RULE 444, WITH THE 

EXCEPTION OF PROVISIONS IN 

PARAGRAPHS (b)(11) and (c)(7), 

SUBPARAGRAPH (d)(3)(G), AND 

PARAGRAPHS (h)(5) and (6) WHICH WILL 

BE CONSIDERED AT THE JUNE 7, 2013 

BOARD MEETING, AS RECOMMENDED BY 

STAFF, 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.

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 District’s investment returns are 

doing well on a relative basis and in comparison to other governmental agencies 

that fall under the same government code requirements regarding credit quality 

and, maturity limits.
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The public hearing was opened and the following 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 this 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 

throughout 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

updates 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 

DESIGNATIONS ALL AMOUNTS 

ASSOCIATED WITH THE FY 2012-13

BUDGET;

2) APPROVE TOTAL APPROPRIATIONS OF 

$129,202,928;

3) APPROVE A PROJECTED JUNE 30, 2014

FUND BALANCE OF $20,633,153 AND 

TOTAL UNDESIGNATED OF $15,586,988;

4) APPROVE TOTAL REVENUES OF 

$129,202,298; 

5) APPROVE THE ADDITION OF 1 

AUTHORIZED/FUNDED POSITION AND 

DELETION OF 2 POSITIONS AS DETAILED 

IN THE DRAFT BUDGET; AND
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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. 

He noted an errata sheet adding the words “equal to or” in reference to maximum 

holding capacity by asphalt day tankers and tar pots. 

(Mayor Pulido arrived at 10:50 a.m.)
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The public hearing was opened and the following individuals addressed 

the Board on Agenda Item 28.

RITA LOOF, RadTech

Explained that Rule 219 presents an opportunity for the District to provide 

incentives to companies who voluntarily reduce their emissions; and encouraged 

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

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

of rule language; and 3) a level playing field for all industries 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, including 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 amendments 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 Source Committee. 

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

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

conversion from existing higher polluting equipment to less polluting technology 

and 2) address the 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 entire region and the overall goal of the SCAQMD. 
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MOVED BY GONZALES, SECONDED BY 

YATES, AGENDA ITEM NO. 28 APPROVED, 

ADOPTING RESOLUTION NO. 13-11

CERTIFYING THE NOTICE OF 

PREPARATION OF A DRAFT 

ENVIRONMENTAL ASSESSMENT AND 

AMENDING 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 than 

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) designed to fire 

exclusively on liquefied petroleum gases.
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(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 to 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, Coalition 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 turnaround 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 

depressurization 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 throughout the development process.

YANA GARCIA, ALICIA RIVERA, DORIAN TIBET and MARIA VASQUEZ,

Communities for a Better Environment

Expressed support for the long overdue rule to aid those communities that 

are impacted by numerous refineries and other sources of pollution leading to 

increased instances of cancer and asthma; and urged 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 closed.

Supervisor Gonzales thanked the members of CBE for coming forward to 

express their concerns in reference to the health impacts to their communities.

Chairman Cacciotti expressed support for making the implementation 

deadline sooner than 2016, if it is not an extreme financial burden for the 

operators to complete the necessary adjustments. 
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Chairman Burke noted that requiring shut downs by multiple refineries 

within a short period of time would likely result in a spike in gas prices. 

Dr. Parker detailed the complexity of closing down coking machines 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. 

Mayor 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 and 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 bringing a reactor back online; and urged for

immediate total solar conversion and the reliance on solar powered technology.

Thomas Sweatt, Citizens of South Coast District, encouraged the Board to 

focus on bigger issues and leave the beach fire rings alone; and asked that the 

Board postpone the vote regarding open burning on beaches indefinitely.

Randol Brown, Citizens of California, expressed concern that the Board is 

considering the removal of beach fire pits, without concrete evidence as to the 

harm they pose. 
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Mayor Pulido noted that he is hosting a public forum on 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 assist the 

Board in the decision-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 World 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 SESSION

The Board recessed to closed session at 12:15 p.m., pursuant to Government Code 

section 54956.9(a) to confer with its counsel regarding pending litigation which has 

been initiated formally and to which the District is a party, as follows:

• Flashberg, et al. v. Dublin, et al., Los Angeles Superior Court Case No. 

BC463159; and

• Friedman Marketing Corp. dba EZ Flo Nozzle & Equipment Co. v.SCAQMD, Los 

Angeles Superior Court Case No. BC495521.

It was 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 mandatory subjects within the scope of representation 

[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.
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ADJOURNMENT

There being no further business, the meeting was adjourned by Kurt Wiese at 

12:35 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, 2013.

Respectfully Submitted,

Denise Pupo

Senior Deputy Clerk 

Date Minutes Approved: _________________________

_____________________________________________

 Dr. William A. Burke, Chairman

ACRONYMS

CARB = California Air Resources Board

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