STATEMENT OF PROCEEDINGS

AIR POLLUTION CONTROL BOARD

SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT

REGULAR MEETING - WEDNESDAY, OCTOBER 26, 2005, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:03 a.m.

Present: Members Dianne Jacob, Chairwoman; Pam Slater-Price, Vice Chairwoman; Greg Cox; Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk.

Approval of Statement of Proceedings/Minutes for the meetings of September 21, 2005 and September 28, 2005

ACTION:

ON MOTION of Member Jacob, seconded by Member Cox, the Air Pollution Control Board of the San Diego County Air Pollution Control District approved the Statement of Proceedings/Minutes for the meetings of September 21, 2005 and September 28, 2005, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts

ABSENT: Horn

Air Pollution Control Board Agenda Items

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1. / 2005 CARL MOYER PROGRAM FUND ALLOCATIONS
[FUNDING SOURCE(S): AIR QUALITY MOYER PROGRAM FUND BALANCE, AIR QUALITY POWER GENERATION MITIGATION FUND BALANCE, STATE AIR RESOURCES BOARD MOYER FUNDS, STATE AIR RESOURCES BOARD MULTI-DISTRICT FUND, STATE MOYER OUTREACH FUND, AND THE AIR QUALITY IMPROVEMENT FUND BALANCE.
(4 VOTES)
2. / APPROVAL TO CONTRACT FOR THE SORRENTO VALLEY COASTER CONNECTION, REGIONAL VANPOOL PROGRAM, AND GUARANTEED RIDE HOME PROGRAM USING VEHICLE REGISTRATION FUNDING
(4 VOTES)
3. / PUBLIC COMMUNICATION
APCB1. / SUBJECT: / 2005 CARL MOYER PROGRAM FUND ALLOCATIONS (DISTRICT: ALL)

OVERVIEW:

This is a request to apply for, accept, appropriate, and allocate State Carl Moyer Program funds and the required local match from Vehicle Registration Funds for projects to reduce emissions from diesel engines by replacing older, higher-emitting engines with newer, cleaner engines. Heavy-duty diesel engines are high emitters of oxides of nitrogen, a precursor to ozone, and the California Air Resources Board has identified diesel particulate emissions as a toxic air contaminant.
Projects are being recommended for funding based on State guidelines and cost-effectiveness. Project selection is also constrained by the legislative mandate that requires 50% of the funds be allocated to projects located in Environmental Justice areas (low-income communities and communities of color that are disproportionately impacted by air pollution). Consideration has also been given to each applicant’s ability to complete the project in a timely manner.
This year the California Legislature authorized $30.5 million in smog check program fees for the Carl Moyer Program statewide, of which the County of San Diego received $1,190,957. Recommended projects for this 2005 Carl Moyer Program allocation total $2,263,003: $1,190,957 from the fiscal year 2005 Carl Moyer Program funding allocation, $829,854 unused from previous Carl Moyer Program funding allocations, $52,625 from previous Power Generation Mitigation Fund allocations, and $189,567 from the Vehicle Registration Fund as a portion of the required local match. The Air Pollution Control District received $27,568 in additional State funding for outreach and administration of the Carl Moyer Funds. Authorization is also requested to appropriate and allocate $459,165 for Carl Moyer Multi-District Projects. The Air Pollution Control District received those funds from the Air Resources Board as part of a special program within the Carl Moyer Program for eligible projects that operate in more than one air district.
Next year, the Air Pollution Control District anticipates receiving up to four times this year’s approximately $1.1 million Carl Moyer Program allocation as a result of a new funding mechanism. Authority is also requested to apply for and accept these grant funds.

FISCAL IMPACT:

This request is not included in the Fiscal Year 2005-06 Operational Plan. The funding sources are the Air Quality Moyer Program fund balance ($829,854), Air Quality Power Generation Mitigation fund balance ($52,625), State Air Resources Board Moyer Funds ($1,190,957), State Air Resources Board multi-district fund ($459,165), State Moyer Outreach fund ($27,568), and the Air Quality Improvement Fund balance ($189,567). If approved, this request will result in one-time costs of $2,749,736, revenue of $1,677,690, combined fund balance use of $1,072,046, and no subsequent year costs or revenue. It will require no additional staff years and no net General Fund cost.
RECOMMENDATION:
AIR POLLUTION CONTROL OFFICER
  1. Establish appropriations of $2,020,811 in the Air Quality Moyer Program Fund for allocation to Moyer-eligible projects based on unanticipated revenue from the Fiscal Year 2004-05 Carl Moyer Program ($1,190,957) and Air Quality Moyer fund balance $829,854. (4 VOTES)
  2. Establish appropriations of $52,625 in the Air Quality Power Generation Mitigation Fund based on fund balance for allocation to Moyer-eligible projects. (4 VOTES)
3.  Establish appropriations of $189,567 in the Air Quality Improvement Fund (Vehicle Registration Funds) for Moyer-eligible emission reduction projects based on fund balance from Vehicle Registration funds. (4 VOTES)
4.  Establish appropriations of $459,165 in the Air Quality Moyer Fund based on unanticipated revenue from the Carl Moyer Multi-District Program for emission reduction projects that operate in the County of San Diego and other air districts in the State. (4 VOTES)
5.  Establish appropriations of $27,568 in the Air Pollution Control District Operations Fund based on unanticipated revenue from the Fiscal Year 2005 Carl Moyer Program for outreach and administration of the Carl Moyer Program. (4 VOTES)
  1. Approve the recommended projects for the 2005 Carl Moyer Program funding allocation, including multi-district projects.
7.  In accordance with Section 401, et seq., of the County Administrative Code, authorize the Director of the Department of Purchasing and Contracting to award contracts for approved 2005 Carl Moyer projects and Moyer-eligible emission reduction projects, subject to negotiations and approval of the Air Pollution Control Officer.
8. Authorize the Air Pollution Control Officer to apply for and accept grant funding from the State for the 2006 Carl Moyer Program.

ACTION:

ON MOTION of Member Roberts, seconded by Member Jacob, the Air Pollution Control Board took action as recommended.
AYES: Cox, Jacob, Slater-Price, Roberts
ABSENT: Horn
APCB2. / SUBJECT: / APPROVAL TO CONTRACT FOR THE SORRENTO VALLEY COASTER CONNECTION, REGIONAL VANPOOL PROGRAM, AND GUARANTEED RIDE HOME PROGRAM USING VEHICLE REGISTRATION FUNDING (DISTRICT: ALL)

OVERVIEW:

This is a request to approve three contracts for $2,746,177 using the vehicle registration fund balance from the Air Pollution Control Air Quality Improvement Trust Fund to fund three motor-vehicle-related emission reduction projects previously approved by the Board. A new contract for the Sorrento Valley Coaster Connection ($1,581,834) will be executed for three years, and contracts for the Regional Vanpool Program ($1,099,093), and the Guaranteed Ride Home Program ($65,250) will be extended for three additional years. These programs are administered by the San Diego Association of Governments. Contract funding for these three programs expired June 30, 2005. These contracts will continue to help reduce the number of commuter vehicles on County roadways and their associated emissions.
The Sorrento Valley Coaster Connection service is currently being provided by a contractor to the Metropolitan Transit System/San Diego Association of Governments using diesel buses without particulate filters. It is recommended that the contract extension and funding for the Sorrento Valley Coaster Connection be contingent upon no diesel vehicles being used to provide the shuttle service after January 3, 2006, unless they have been retrofitted with particulate matter filters approved by the California Air Resources Board. Funding of $670,000 that was approved by your Board on April 25, 2001 (APCB #3) will be augmented with $911,834 to provide a total of $1,581,834 for the Sorrento Valley Coaster Connection for Fiscal Years 2005-06, 2006-07 and 2007-08. The contract and funding extension for the Regional Vanpool Program and the Guaranteed Ride Home Program will also extend these programs to June 30, 2008. This is also a request to appropriate $2,076,177 for these motor vehicle emission reduction projects.

FISCAL IMPACT:

The total costs to fund these three contracts are $2,746,177 which includes $670,000 previously approved by the Board on April 25, 2001 (APCB #3) for the Sorrento Valley Coaster Connection and currently included in the Fiscal Year 2005-06 Operational Plan. This is a request to establish appropriations of $2,076,177 that will be offset by the Air Pollution Control Air Quality Improvement Trust Fund fund balance including fund balance from prior-year revenues. This includes $911,834 for the Sorrento Valley Coaster Connection, $1,099,093 for the Regional Vanpool Program, and $65,250 for the Guaranteed Ride Home Program.
This request will result in no net General Fund cost and no additional staff years.
RECOMMENDATION:
AIR POLLUTION CONTROL OFFICER
1.  Establish appropriations of $2,076,177 in the Air Pollution Control Air Quality Improvement Trust Fund for motor vehicle emission reduction projects based on fund balance from prior-year revenues. (4 VOTES)
2. Authorize the Purchasing and Contracting Director, in accordance with Article XXIII, Section 401 of the Administrative Code, to execute a new contract with the San Diego Association of Governments for the Sorrento Valley Coaster Connection, up to the following maximum limits for Fiscal Years 2005-06 ($515,834), 2006-07 ($527,000) and 2007-08 ($539,000), term to end June 30, 2008, subject to negotiations and approval of the Air Pollution Control Officer.
3. Include in the contract for the Sorrento Valley Coaster Connection for Fiscal Year 2005-06 the requirement that no costs will be reimbursed for Fiscal Year 2005-06 if diesel vehicles are used for the shuttle service after January 3, 2006, that have not been retrofitted with particulate matter filters approved by the California Air Resources Board. Include in the contract for the Sorrento Valley Coaster Connection for Fiscal Years 2006-07 and 2007-08 the requirement that no diesel vehicles be used for the shuttle service unless they have been retrofitted with particulate matter filters approved by the California Air Resources Board.
4. Direct the Air Pollution Control Officer to send a letter to the San Diego Association of Governments advising that no costs will be reimbursed for Fiscal Year 2005-06 if diesel buses are used to provide the Sorrento Valley Coaster Connection shuttle service after January 3, 2006 that are not equipped with particulate matter filters approved by the California Air Resources Board (clean buses) and that clean buses must be used to provide this service for Fiscal Years 2006-07 and 2007-08.
5. Authorize the Purchasing and Contracting Director, in accordance with Article XXIII, Section 401 of the Administrative Code, to extend the contract term with the San Diego Association of Governments to June 30, 2008, for the Regional Vanpool Program and contract funding up to the following maximum limits for Fiscal Years 2005-06 ($311,643), 2006-07 ($387,450), and 2007-08 ($400,000), term to end June 30, 2008, subject to negotiations and approval of the Air Pollution Control Officer.
6.  Authorize the Purchasing and Contracting Director, in accordance with Article XXIII, Section 401 of the Administrative Code, to extend the contract term with the San Diego Association of Governments to June 30, 2008, for the Guaranteed Ride Home Program and contract funding up to the following maximum limits for Fiscal Years 2005-06 ($21,750), 2006-07 ($21,750), and 2007-08 ($21,750), term to end June 30, 2008, subject to negotiations and approval of the Air Pollution Control Officer.

ACTION:

ON MOTION of Member Jacob, seconded by Member Cox, the Air Pollution Control Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts
ABSENT: Horn
APCB3. / SUBJECT: / PUBLIC COMMUNICATION
OVERVIEW:
Jan Cortez spoke to the Board concerning Vehicle Registration Fee and the Air Quality Improvement Fund.
ACTION:
Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 11:04 a.m.

THOMAS J. PASTUSZKA

Clerk of the Air Pollution Control Board

San Diego County Air Pollution Control District

Notes by: Randolph

NOTE: This Statement of Proceedings sets forth all actions taken by the San Diego County Air Pollution Control Board on the matters stated, but not necessarily the chronological sequence in which the matters were taken up.

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