APCD Board Actions, 2007-2008 – Santa Barbara County Air Pollution Control District

Following are the highlights of the 2007-2008 APCD Board Meetings. For other years, see this page. Note: Meetings are not held every month.

Click here to see table data.

2007-2008
October 16, 2008 August 21, 2008 June 19, 2008 May 15, 2008 March 20, 2008 January 17, 2008 December 20, 2007 October 18, 2007 August 16, 2007 June 21, 2007 May 17, 2007 March 15, 2007 January 18, 2007

October 16, 2008

Approved minutes of the August 21, 2008 meeting (opens in a new tab).
Received and filed summaries of the four emission-reduction grant agreements (opens in a new tab) approved by the Air Pollution Control Officer for the period of August 7, 2008 through October 1, 2008.
Approved $200,000 in additional funding allocation for the Marine Diesel Engine Repower Program (opens in a new tab).
Approved an additional $200,000 funding allocation for the On-Road Heavy-Duty Vehicle Repower Program (opens in a new tab).
Adopted the schedule of dates, locations, and time for the year 2009 APCD Board meetings (opens in a new tab).
Considered recommendations regarding a 401(h) Plan for the purpose of funding a retiree medical program (opens in a new tab) for eligible retired District participants as follows:

a) Authorized the Chair to execute an Agreement with the Santa Barbara Employees’ Retirement System (opens in a new tab) implementing the 401(h) Retiree Medical Program (Attachment A);
b) Adopted a resolution providing for funding of a 401(h) account (opens in a new tab) in accordance with Internal Revenue Code (Attachment B); and
c) Accepted and filed Regulations Governing Payment of Retiree Health Benefits (opens in a new tab) from a 401 (h) Account as adopted by the Santa Barbara County Board of Supervisors (Attachment C).

Adopted a resolution delegating authority to the Air Pollution Control Officer to enter into and to renew contracts (opens in a new tab) for multiple employee benefit insurance plans to become effective January 1, 2009.

August 21, 2008

a) Reappointed David Van Mullem, Jr., public representative, to a three-year term; and
b) Reappointed Robert Saperstein, legal representative, to a three-year term.

Considered recommendations regarding the Memorandum of Understanding (MOU) with the Engineers and Technicians Association (ETA) (opens in a new tab) as follows:

a) Authorized the Air Pollution Control Officer to enter into an MOU between the Santa Barbara County Air Pollution Control District (APCD) and ETA for the term June 30, 2008 through June 28, 2009 (Attachment 1 (opens in a new tab)); and
b) Adopted a resolution (Attachment 2 (opens in a new tab)) amending the APCD’s Classification and Salary Plan to implement the provisions of this MOU.

Considered recommendations regarding the Memorandum of Understanding (MOU) with the Santa Barbara County Air Pollution Control District Employees Association (SBCAPCDEA) (opens in a new tab) as follows:

a) Authorized the Air Pollution Control Officer to enter into an MOU between the Santa Barbara County Air Pollution Control District (APCD) and SBCAPCDEA for the term June 30, 2008 through June 28, 2009 (Attachment 1 (opens in a new tab)); and
b) Adopted a resolution (Attachment 2 (opens in a new tab)) amending the APCD’s Classification and Salary Plan to implement the provisions of this MOU.

Considered recommendations regarding the Memorandum of Understanding (MOU) with the Service Employees International Union, Local 620 (SEIU) (opens in a new tab)as follows:

a) Authorized the Air Pollution Control Officer to enter into an MOU between the Santa Barbara County Air Pollution Control District (APCD) and SEIU for the term June 30, 2008 through June 28, 2009 (Attachment 1 (opens in a new tab)); and
b) Adopted a resolution (Attachment 2 (opens in a new tab)) amending the APCD’s Classification and Salary Plan to implement the provisions of this MOU.

Considered recommendations (opens in a new tab), and adopted a resolution (Attachment 1 (opens in a new tab)) amending the Management Personnel Benefits Policy for Management and Confidential-Unrepresented Employees.
Received an update on the status of marine vessel emission reduction efforts. (opens in a new tab)

June 19, 2008

Approved minutes of the May 15, 2008 meeting (opens in a new tab).
Received and filed draft minutes from the April 23, 2008 meeting of the Community Advisory Council (opens in a new tab).
Received and filed summary of the emission-reduction grant agreements approved by the Air Pollution Control Officer (opens in a new tab) for the period of December 6, 2007 through June 4, 2008.
Approved $660,000 in additional funding allocation for the Lower Emission School Bus Program (opens in a new tab).
Adopted a resolution Allowing Member Retirement Contributions to be Made on a Pre-tax Basis (opens in a new tab) in Accordance with Internal Revenue Code Section 414(h)(2).
Considered the Fiscal Year 2008-09 Budget and revised Job Class Table (opens in a new tab) (Attachment A) as follows:

a) Adopted the Budget Resolution (Attachment B) approving the Fiscal Year 2008-09 APCD budget; and
b) Adopted the Salary Resolution (Attachment C) implementing a 2.5% APCO merit increase as approved by the APCD Board on August 16, 2007, and a 3.0% cost of living adjustment to the unrepresented employee units, unfund one Air Quality Engineering Supervisor position and fund one Air Quality Engineer III position. Download the Proposed 2008-2009 Budget from this page.

Considered recommendations regarding Proposed Amended Rule 339, Motor Vehicle and Mobile Equipment Coating Operations as follows:

a) Held a public hearing to receive testimony on proposed amended Rule 339; and
b) Adopted a resolution which will result in the following actions:

i) Adoption of the California Environmental Quality Act (CEQA) findings (Attachment 1) and the CEQA guidelines;
ii) Adoption of the associated rule findings (Attachment 2) in support of the proposed amended Rule 339 pursuant to Health and Safety Code Section 40727 regarding necessity, authority, clarity, consistency, non-duplication, and reference. The rule findings also acknowledge public comments received on the proposed rules (Attachment 3) and adopt the Response to Comments (Attachment 4) as findings of the Board; and
iii) Adoption of proposed amended Rule 339 (Attachment 5).

Considered recommendations regarding amendments to Rules 102, (Definitions), 201 (Permits Required), 202 (Exemptions to Rule 201) and 333 (Control of Emissions from Reciprocating Internal Combustion Engines) and the Initial Study/Proposed Negative Declaration for Revisions to Rule 333, Rule 102, Rule 201, and Rule 202, as follows (Download board package: 6-08r333-bp.pdf (opens in a new tab), and staff report: 6-08r333-sr.pdf (opens in a new tab)):

a) Held a public hearing to receive testimony on proposed amended Rules 102, 201, 202, and 333; and b) Adopted a resolution which will result in the following actions:

i) Adoption of the California Environmental Quality Act (CEQA) findings (Attachment 1) pursuant to CEQA and the CEQA guidelines;
ii) Adoption of the associated rule findings (Attachment 2) in support of the proposed rule revisions pursuant to Health and Safety Code Section 40727 regarding necessity, authority, clarity, consistency, non-duplication, and reference. The rule findings also acknowledge public comments received on the proposed rule revisions (Attachments 3 and 4) and adopt the Response to Comments (Attachments 3 and 5) as findings of the Board; and
iii) Adoption of proposed amended rules (Attachment 6).

May 15, 2008

Approved minutes of the March 20, 2008 meeting (opens in a new tab).
Received and filed draft minutes from the March 12, 2008 meeting of the Community Advisory Council (opens in a new tab).
Adopted a resolution and proposed revision to the By-laws of the APCD Community Advisory Council (opens in a new tab) changing the regularly scheduled meeting day from the second Wednesday to the fourth Wednesday of the month.
Authorized the Air Pollution Control Officer to increase the funding amount for the Old Car Buy Back Program by $150,000 (opens in a new tab) with the option of an additional $100,000 increase if community interest justifies it.
Received and filed the Fiscal Year 2006-07 Financial Audit which includes (opens in a new tab):

a) APCD Comprehensive Annual Financial Report (opens in a new tab)(CAFR) and Financial Audit Report;
b) Auditors’ Report on Internal Control (opens in a new tab)Over Financial Reporting and on Compliance and Other Matters based on an audit of financial statements performed in accordance with Government Auditing Standards; and
c) Independent Auditors’ Letter to the Board of Directors (opens in a new tab).

Adopted and presented a Resolution of Appreciation to Peter Cantle (opens in a new tab) upon his retirement as Division Manager of the Engineering and Compliance Division.
Adopted a resolution (opens in a new tab) regarding the Proposition 1B Lower Emission School Bus Funding Program which will result in the following actions (opens in a new tab):

a) Accept Proposition 1B Lower Emission School Bus Program Funding from the California Air Resources Board (CARB) in the amount of $1,600,000; and
b) Relinquish this funding to CARB and delegate to CARB the duty to administer the Proposition 1B Lower Emission School Bus Program in Santa Barbara County.

Considered the Fiscal Year 2008-09 Comprehensive Program Summary and Proposed Budget (opens in a new tab)as follows:

a) Received the Comprehensive Program Summary and Proposed Budget for Fiscal Year 2008-09 (opens in a new tab);
b) Held a public hearing to accept comments and provide direction to staff regarding changes desired by the Board; and
c) Scheduled a budget adoption hearing for June 19, 2008.

March 20, 2008

Approved minutes of the January 17, 2008 meeting (opens in a new tab)
Adopted a resolution amending the Santa Barbara County Air Pollution Control District Conflict of Interest Code designating certain new job classifications created by the District as subject to requirements of the Code.
Adopted and presented Resolutions of Appreciation to Lillian Coony and Susan Norton for their service as Office Technicians (opens in a new tab).
Approved and signed letters of appreciation to Director Elliot Schulman of the Public Health Department and Fire Chief John Scherrei of the County Fire Department (opens in a new tab).
Considered recommendations regarding the Carl Moyer Memorial Air Quality Standards Attainment Program, funding through Fiscal Year 2015-16 as follows (opens in a new tab):

a) Authorized and approved continued Santa Barbara County Air Pollution Control District participation in the Carl Moyer Program, as described herein;
b) Certified that Board will provide the necessary District matching funds (not-to-exceed $123,457) for up to $800,000 in annual Carl Moyer Program Funds from the California Air Resources Board (ARB);
c) Adopted a Resolution approving the District’s participation in the Carl Moyer Program through FY 2015-16 (Attachment 1); and
d) Authorized the Air Pollution Control Officer to complete, sign and submit, in the name of the Santa Barbara County Air Pollution Control District, the program Application and Grant Award and Authorization Form to the ARB, and all other necessary documents to implement and carry out the purposes of the approved Resolution.

January 17, 2008

In closed session, directed the Air Pollution Control Officer and APCD Counsel to sue EPA for failure to adopt standards regulating air pollution from Category 3 marine vessels.
Approved minutes of the December 20, 2007 meeting (opens in a new tab)
Executed a letter to the California Attorney General (AG) (opens in a new tab)requesting that the AG join the Santa Barbara County Air Pollution Control District and other air districts in suing the federal Environmental Protection Agency for failure to promulgate regulations controlling category 3 marine vessel engines by the statutory deadline to adopt such regulations.
Adopted and presented a Resolution of Appreciation to Jim Richardson (opens in a new tab) for his service on the Air Pollution Control District Board.
Selected three members of the Board to serve on the APCD Executive Committee (opens in a new tab) during calendar year 2008.
Appointed one Board member to serve as the representative to the South Central Coast Basinwide Control Council (opens in a new tab).
Selected five members of the Board to serve on the APCD Hearing Board Nominating Committee during calendar year 2008 (opens in a new tab).
Designated Board Member too attend the Santa Barbara County Education Office Grant Recognition Celebration on February 28, 20088 (opens in a new tab).
Hearing – Considered recommendations regarding new Rule 361, Small Boilers, Steam Generators, and Process Heaters and amended Rule 202, Exemptions to Rule 201 – Permits Required, as follows:
Associated documents: Board Letter and Attachments (opens in a new tab), Comments and Responses (opens in a new tab), and Rule 361 Flowchartt (opens in a new tab).

a) Held a public hearing to receive testimony on proposed new Rule 361 and proposed amended Rule 202;;
b) Adopted a resolution which will result in the following actions:

i) CEQA Findings: Adopted the California Environmental Quality Act (CEQA) findings (Attachment 1) pursuant to CEQA and the CEQA guidelines;
ii) Rule Findings: Adopted the associated findings (Attachment 2) in support of the proposed new Rule 361 and proposed amended Rule 202 pursuant to Health and Safety Code Section 40727 regarding necessity, authority, clarity, consistency, non-duplication, and reference. The findings also acknowledge public comments received on the proposed rules (Attachment 3) and adopt the Response to Comments (Attachment 4) as findings of the Board;
iii) New Rule Adoption: Adopted proposed new Rule 361 (Attachment 5); and
iv) Amended Rule Adoption: Adopted proposed amended Rule 202 (Attachment 6).

Received and filed a report from the Air Pollution Control Officer (APCO) (opens in a new tab)regarding the status of Santa Barbara County air quality and APCD programs and a preview of issues that the Board may address during the coming year.

December 20, 2007

In closed session, directed the Air Pollution Control Officer and APCD Counsel to sue EPA for failure to adopt standards regulating air pollution from Category 3 marine vessels.
Approved minutes of the October 18, 2007 meeting (opens in a new tab)
Received and filed a summary of the emission-reduction grant agreements approved by the Air Pollution Control Officer (opens in a new tab) for the period of October 4, 2007 through December 5, 2007.
Received and filed draft minutes from the October 10, 2007 meeting of the Community Advisory Council (opens in a new tab).
Received and filed draft minutes of the October 17, 2007 meeting of the South Central Coast Basinwide Control Council (opens in a new tab).
Considered recommendation of the APCD Hearing Board Nominating Committee and reappointed David Schmarje (opens in a new tab) to the APCD Hearing Board for a three-year term.
Authorized the Air Pollution Control Officer to renew multiple employee benefit insurance plans (opens in a new tab) and enter into a new dental insurance plan to become effective January 1, 2008 as follows:

a) Renewed the Aetna Health Maintenance Organization (HMO) and Point-of-Service (POS) medical insurance agreements;
b) Entered into a one-year contract with Aetna to provide dental insurance;
c) Renewed our IRS Section 125 (cafeteria) and 132 (transportation) plans with Benesyst;
d) Renewed Vision Service Plan/ABD municipality pool to provide vision insurance;
e) Renewed the Standard Long Term Disability benefit plan;
f) Renewed the Standard Voluntary Term Life benefit plan;
g) Renewed the Standard Management Life & Accidental Death & Dismemberment (ADD) plan;
h) Renewed the AIG Voluntary Personal Accident benefit plan;
i) Renewed the AFLAC Supplemental Catastrophic Insurance programs; and
j) Renewed the Managed Health Network Employee Assistance Plan.

Considered recommendations regarding Assembly Bill 32 (Global Warming Solutions Act of 2006) as follows (opens in a new tab): (Also see CAPCOA document on AB32 (opens in a new tab))

a) Received and filed a report on the background and implementation of Assembly Bill 32; and
b) Authorized the APCD Board Chair to sign the attached letter to the Chair of the California Air Resources Board.

October 18, 2007

Approved minutes of the August 16, 2007 meeting (opens in a new tab)
In closed session, directed APCD Counsel to send a 60 Day Notice of Intent to File a Clean Air Act Citizen Suit against EPA concerning that agency’s failure to adopt standards regulating air pollution from Category 3 marine vessels. Directed staff to issue news release. See this page.
Adopted the schedule of dates, locations, and time change for the year 2008 APCD Board meetings (opens in a new tab).
Received and filed summaries of the four emission-reduction grant agreements (opens in a new tab) approved by the Air Pollution Control Officer for the period of August 2, 2007 through October 3, 2007.
Received and filed draft minutes of the June 7, 2007 meeting of the South Central Coast Basinwide Control Council (opens in a new tab).
Held the second public hearing to receive testimony and consider recommendations, and adopted new APCD Rule 213, Fees for Registration Program (opens in a new tab) as follows:

a) Adopted a resolution which includes the following actions:

i) Adopted the California Environmental Quality Act (CEQA) findings;
ii) Adopted associated findings in support of adopting new Rule 213 pursuant to Health and Safety Code Section 40727 regarding authority, necessity, clarity and consistency. The findings acknowledge public comments on the new rule and staff’s responses to these comments; and
iii) Adopted new Rule 213 that establishes a fee of $200 for registration of each agricultural engine subject to the rule (Attachment 6); and

b) Held first public hearing to consider an alternative fee option for Rule 213 (Attachment 7) which provides a range of fees from $100 to $242, and provide any additional direction to staff regarding an alternative fee option, that would then require a second public hearing on December 20, 2007.

August 16, 2007

Approved minutes of the June 21, 2007 meeting (opens in a new tab)
Received and filed minutes of the June 13, 2007 meeting and draft minutes from the July 11, 2007 meeting (opens in a new tab) of the Community Advisory Council.
Received and filed a summary of the emission-reduction grant agreements (opens in a new tab) approved by the Air Pollution Control Officer for the period of June 7, 2007 through August 1, 2007.
Approved an increase in the base salary of the Air Pollution Control Officer by 5 percent over two years effective July 2, 2007, and adopt a resolution (opens in a new tab) implementing the salary adjustment and amending the APCD Classification and Salary Plan.
Held a public hearing to received testimony and adopted the Draft 2007 Clean Air Plan and Associated Supplemental Environmental Impact Report (EIR), and authorized the Chair to sign the attached letter transmitting the 2007 Clean Air Plan to the California Air Resources Board. Click here (opens in a new tab) for the Board Package. See this page for updated information.
Held a public hearing to receive testimony, and adopted new APCD Rule 1201, Registration of Agricultural Diesel Engines (opens in a new tab).
Held one of two public hearings to receive testimony on proposed new APCD Rule 213, Fees for Registration Programs. (opens in a new tab)
Adopted a resolution that selects up to three candidates for election to the Special District Risk Management Authority Board of Directors (opens in a new tab).

June 21, 2007

Approved minutes of the May 17, 2007 meeting (opens in a new tab)
Considered the Control Officer’s performance and approved a raise in the Control Officer’s base salary.
Received and filed summaries of the three emission-reduction grant agreements approved by the Air Pollution Control Officer for the period of May 3, 2007 through June 6, 2007.
Considered recommendations regarding Amendments to the Joint Powers Agreement (opens in a new tab)with the Special District Risk Management Authority as follows:
Adopted a resolution (opens in a new tab) approving the form of and authorizing the execution and delivery of a sixth amended joint powers agreement (JPA) relating to the Special District Risk Management Authority (SDRMA) (opens in a new tab);

a) Authorized the Chair to execute the Sixth Amended JPA; and
b) Authorize the Air Pollution Control Officer to execute and implement subsequent actions.

Considered the Fiscal Year 2007-08 Comprehensive Program Summary and Proposed Budget – June Revise document (Attachment A) as follows:

a) Adopted the budget resolution (Attachment B) approving the Fiscal Year 2007-08 APCD budget;
b) Adopted the salary resolution (Attachment C) reclassifying 1.0 and unfunding 3.0 positions, and implementing a 2.7 % cost-of-living adjustment for all employee units; and
c) Adopted the Job Class Specification for Principal Inspection Specialist (Attachment D).

Considered recommendations regarding the Draft 2007 Clean Air Plan and Associated Supplemental Environmental Impact Report (EIR) (opens in a new tab) as follows:

a) Reviewed the Plan (opens in a new tab) and EIR (opens in a new tab)(Attachments 1 and 2), held a public hearing to accept comments; and
b) Directed staff to exclude the Land Use Strategies Chapter (opens in a new tab)from the draft 2007 Clean Air Plan.

Received and filed a briefing on the process and progress of the APCD’s implementation of the State Air Toxics Control Measure for diesel agricultural engines (opens in a new tab).

May 17, 2007

Approved minutes of the March 15, 2007 meeting (opens in a new tab)
Received and filed draft minutes from the March 14, 2007 Community Advisory Council meeting (opens in a new tab).
Received and filed summaries of the four emission-reduction grant agreements (opens in a new tab) approved by the Air Pollution Control Officer for the period of March 1, 2007 through May 2, 2007.
Received and filed notification of funding of $150,000 for the APCD Old Car Buyback Program (opens in a new tab). Also see attachment (opens in a new tab).
Received and filed the following Fiscal Year 2005-06 documents (opens in a new tab):

a) APCD Comprehensive Annual Financial Report (CAFR) (opens in a new tab), also containing the Financial Audit Report;
b) Auditors’ Report (opens in a new tab) on Internal Control over Financial Reporting and on Compliance and Other Matters based on an audit of financial statements performed in accordance with Government Auditing Standards; and Independent Auditors’ Letter to the Board of Directors (opens in a new tab).

Considered the Fiscal Year 2007-08 Comprehensive Program Summary and Proposed Budget (opens in a new tab)as follows:

a) Reviewed the Comprehensive Program Summary and Proposed Budget for Fiscal Year 2007-08 (opens in a new tab);
b) Held a public hearing to accept comments and provide direction to staff regarding changes desired by the Board; and
c) Scheduled a budget adoption hearing for June 21, 2007.

Received and filed a report regarding nomination procedures and voting responsibilities for the 2007 election of the Special District Risk Management Authority Board of Directors (opens in a new tab).

March 15, 2007

Approved minutes of the January 18, 2007 meeting (opens in a new tab)
Adopted a resolution recognizing Earth Day and Clean Air Month (opens in a new tab).
Approved $250,000 in additional funding allocation for the Marine Diesel Engine Repower Program (opens in a new tab).
Approved $400,000 in additional funding allocation for the Agricultural Water Pump Repower Program (opens in a new tab).
Authorized the Air Pollution Control Officer to increase the funding amount for the Old Car Buyback Program (opens in a new tab) by $150,000 with the option of an additional $100,000 increase if community interest justifies it.
Adopted and presented a Resolution of Appreciation to Gary Hoffman (opens in a new tab) for his service as an Air Quality Engineer III and Engineering Supervisor.
Adopted and presented a Resolution of Appreciation to James Moraga (opens in a new tab) for his service as an Air Quality Inspector III.
Adopted a resolution recognizing the magnitude of and the projected growth in international marine vessel emissions (opens in a new tab) and directed the Air Pollution Control Officer to take necessary actions to mitigate emissions from this source.
Received and filed a report regarding the amendments to the statewide Airborne Toxic Control Measure for Stationary Compression Ignition Engines to establish emission standards for agricultural engines. (opens in a new tab)

January 18, 2007

Approved minutes of the October 19, 2006 meeting (opens in a new tab)
Received and filed draft minutes from the December 13, 2006 meeting of the Community Advisory Council (opens in a new tab).
Received and filed summary of the emission-reduction grant agreement approved by the Air Pollution Control Officer for the period of October 4, 2006 through January 3, 2007 (opens in a new tab).
Received and filed notification of program funding increase for the APCD Old Car Buyback program (opens in a new tab). See also this letter (opens in a new tab).
Approved a revised District application to receive additional State Year 9 Carl Moyer Program funds up to $825,000 (opens in a new tab), see also application (opens in a new tab).
Adopted and presented Resolutions of Appreciation (opens in a new tab) to Susan Rose, Marty Mariscal, Donna Jordan, Margaret Connell, and Ed Skytt for their service on the Air Pollution Control District Board. (EST. TIME: 10 min.)
Received and filed a report from the Air Pollution Control Officer (APCO) (opens in a new tab) regarding the status of Santa Barbara County air quality and APCD programs and a preview of issues that the Board may address during the coming year.
Appointed Eric Onnen as the one Board member to serve as the representative to the South Central Coast Basinwide Control Council. (opens in a new tab)
Selected Board members: Salud Carbajal (First District), Marty Blum (Second District), Russ Hicks (Third District), Will Schuyler (Fourth District), Larry Lavagnino (Fifth District) as the five members of the Board to serve on the APCD Hearing Board Nominating Committee during calendar year 2007 (opens in a new tab).
Selected Will Schuyler, Lupe Alvarez, and Marty Blum as thee three members of the Board to serve on the APCD Executive Committee during calendar year 20077 (opens in a new tab).

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