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Home My WebLink AboutPC - Public Comments❑South Coast Air Quality Management District BOARD MEETING DATE: March 5, 2004 AGENDA NO. 14 PROPOSAL: Annual Meeting of the Brain Tumor and Air Pollution Foundation SYNOPSIS: This item is to conduct the annual meeting of the Brain Tumor and Air Pollution Foundation. The Foundation staff will present an annual report detailing the research supported by the Foundation over the past year, the Foundation's plans for the future, and a financial report. In addition, the AQMD Board, as the Foundation's sole member, must approve changes to the Foundation's bylaws and articles of incorporation required to receive a recent grant from the AQMD, and possible disposition thereof. COMMITTEE: Not applicable RECOMMENDED ACTIONS: 1. Receive and file the annual report and ratify the Foundation disbursements described in the annual report. 2. Approve amendment to the Foundation's Articles of Incorporation to expand the purposes of the Foundation to include research on lung cancer. Approve amendments to the Foundation's bylaws to provide for recovery of royalties --or other payments from grantees —from research funded by the Foundation with monies provided by the AQMD, and other administrative changes as noted. Barry R. Wallerstein, D.Env. Executive Officer Annual Report 1. Background At the February 7, 2003 meeting, the Board directed staff to establish the Brain Tumor and Air Pollution Foundation to implement an initiative by the Board Chairman to fund research into the connections between air pollution and brain cancer. The incidence of brain cancer has been growing at an increasingly rapid rate. Recent research suggests that there may be a link between air pollution and some types of brain tumors. The AQMD Board is the member of the Foundation and is required to hold an annual meeting similar to an annual meeting of corporate shareholders. In addition, it is necessary to approve amendments to the articles of incorporation and bylaws to reflect the changes to the Foundation made by this year's Chairman's initiatives. This agenda item constitutes the annual meeting. The mission of the Foundation is to support research studies on the association between air pollution and brain tumors, as well as research for the development of novel therapeutics for brain tumors. Additionally, the Board directed that 10% of the penalty fees collected by the AQMD in FY 2002 -03— approximately $723,000 —be transferred to the Foundation to establish a research program. 2. Directors and Officers The Directors of the Foundation are: Michael D. Antonovich, Chairman Robert Davidson, Vice Chairman James W. Silva Hal Bernson The Foundation's staff is: Barry Wallerstein, Chief Executive Officer Chery Cooper, Secretary Rick Pearce, Treasurer 3. Report on the Foundation's Activities and Plans Research Prriects Funded to Date and Proms As a result of an initial solicitation by staff, the Foundation reviewed two research proposals. One proposal was from Cedars -Sinai Medical Center titled "Brain Tumors and Air Pollution." The other was a joint proposal from USC and UCLA titled, respectively, `Brain Tumor and Air Pollution: Studies of Existing Data," and "Retrospective Exposure Assessment for Association of Air Pollution with Brain Tumor Incidence." The joint study has two parts, one examining the incidence of brain tumor incidences, which is to be performed by USC, and one estimating air pollution exposures to children with brain tumors, which is to be performed by UCLA. In July 2003, the Foundation Board approved a grant to Cedars -Sinai to fund its proposal. The grant was in the amount of $559,250. The purpose of the Cedars - Sinai study is to investigate the biochemical and pathological changes in brain tissue of laboratory animals exposed to air pollutants. The results of this study should shed light on potential mechanisms by which air pollution can cause brain tumors. The initial exposure of animals to ambient particulate matter has been completed, and tissues have been prepared for biochemical and pathological analyses. The exposures were conducted in collaboration with UC Irvine. Additional exposures to ambient pollutants for a longer period are planned in the May 2004 time frame. Protocols for exposure to the toxic air pollutants naphthalene and 1, 3- butadiene are currently being developed. These exposures will be conducted in collaboration with UC Irvine in the near future. In October 2003, the Foundation Board approved partial funding of the USC/UCLA joint study in the amount of $160,000. The funding covered a portion of USC's study, including an analysis of data on brain cancer mortality and air pollution levels from a national cohort of individuals that the American Cancer Society (ACS) has been following for over 20 years; the collection of data on children's brain tumor incidence in the AQMD's four - county area; and the preparation of this children's brain tumor data for possible future study of the correlation of tumor incidence with past air pollution exposures, as described in the USC/UCLA proposals, should additional funds become available from the Foundation or other sources. This project is in the process of collecting the necessary information on children's brain tumor incidence. The analysis of adult brain cancer in the ACS national cohort is in process. Staff estimates an additional $450,000 would be needed to complete these analyses of the relation between children's brain tumors and air pollutant exposures. 4. Financial Report As of January 31, 2004 the Foundation had a cash balance of $5,295. Following is an accounting of the first seven - months of operations. Account Amount Income Contributions $722,567 Interest 842 Total $723,409 Expenses Grants Cedars -Sinai $559,250 USC 158,340 Corporation Filing Costs 525 Total $718,115 Cash Balance $5,294 5. Plans for Upcomine Year At its February 6, 2004 meeting, the AQMD awarded a grant of $1.5 million to the Foundation to fund additional research, provided the Foundation expanded its purposes to include funding for lung- cancer research and treatment. Research has indicated that a significant portion of brain tumors may initially occur in the lungs and migrate to the brain. In addition, the AQMD conditioned its grant on the Foundation recovering royalties —or other payments from grantees —from research funded by the Foundation with monies provided by the AQMD. These payments would be returned to the AQMD. Attached are amended articles of incorporation that expand the Foundation's purposes to include lung- cancer research. The amended articles also change the Foundation's name to the Brain and Lung Tumor and Air Pollution Foundation (Attachment 1). Also attached are amended bylaws that provide for recovery of royalties —or other payments from grantees —from research funded by the Foundation with monies provided by the AQMD (Attachment 2, p.9, Art. VII). The amendments also make the following administrative changes: authorizing the AQMD Board, as the Foundation's member, to designate a Board member to act on the Board's behalf (p.3, Art. 2.8); providing that the Foundation's Chief Executive Officer may also be designated as its president (p.7, Art 4.1(A)); and providing that neither the Secretary or Treasurer can serve concurrently as the Chief Executive Officer (p.8, 4.2(D)). 6. Actions 1. Receive and file the annual report and ratify the Foundation disbursements described in the annual report. 2. Approve amendment to the Foundation's Articles of Incorporation to expand the purposes of the Foundation to include research on lung cancer. 3. Approve amendments to the Foundation's bylaws to provide for recovery of royalties —or other payments from grantees —from research funded by the Foundation with monies provided by the AQMD, and other administrative changes as noted. Attachments 1. Certificate of Amendment of Articles of Incorporation of Brain Tumor and Air Pollution Foundation 1 Amended and Restated Bylaws of Brain and Lung Tumor and Air Pollution Foundation AQNID Home Page This page updated., February 27, 2004 L'RL: http. avw.agmdgovhb 040314a.hnnl ALCOHOL/DRUG RESIDENTIAL TREATMENT HOMES CITY COMPARISON IRVINE HUNTINGTON NEWPORT BEACH BEACH DRUG /ALCOHOL ZERO ONE SIX REHAB HOMES (CA, LICENSE? T2TAL BEDS ZERO 16 beds 98 beds ITY Required: Required: NO Reauiremeuts: REOUIREMTS +Application for a +Application for a -NO Conditional Use FOR REHAB Conditional Use Permit Conditional Use Permit Permit required [violates HOMES NB zoning code] +$12,000 deposit upon +$6,815 Application Fee- -NO cost application- applicant non refundable to cover pays city $115.08 per cost to the city hr. for city planning time during application preparation process. +Application must +Application must -NO city review of ANY include details on include details on impact, issues, concerns. parking, noise, traffic, parking, noise, traffic, NO review of density, etc. and density, etc. and compatibility with compatibility with compatibility with surrounding surrounding surrounding neighborhoods neighborhood neighborhood +Notification & public +Notification & public -NO notification nor public hearing w/ neighbors hearing with neighbors hearing for ANY neighbor within 1000 ft. within 300 ft. [violates city zoning code] +4 month process +4-6 month process -NO WAIT, because there AFTER full `Use AFTER full `Use Permit' is NO process enforced in Permit' application is application is received by NB received by city the city. +Approval by Irvine +Approval by HB City -NO involvement by NB City Planning Planning Commission City Planning Commission Commission [violates zoning code] +AFTER APPROVAL: +AFTER APPROVAL: -City Fire Marshall City Fire Marshall City Fire Marshall clearance & City business clearance & City clearance & City Business license issued with NO Business license issued license issued wait & NO city re uiremts