APCD Board Actions – January 18, 2024
  • Approval of Minutes – Approve minutes of the October 19, 2023 meeting.
  • Closed Session 
    • Public Employee Performance Evaluation (Gov. Code § 54957(b)(1).)
      • Title: Air Pollution Control Officer.
  •  Conference with Labor Negotiators (Gov. Code § 54957.6(a).)
    • Unrepresented Employee: Air Pollution Control Officer.
      Agency-designated Representative: Jennifer Richardson, District Counsel
  • Election of Chair and Vice-Chair for 2024
  • Update on Public Outreach Activities – Receive and file an update on District outreach activities.
  • District Grant and Incentives Program Activity – Receive and file the following grant program related activity:
    • An update on the Old Car Buy Back Program for vehicles retired during the period of October 1, 2023 through December 31, 2023;
    • An update on the Landscape Equipment Electrification Fund (LEEF) Program Year 3 for zero-emission landscape equipment vouchers during the period of October 1, 2023 through December 31, 2023; and
    • Summary of the emission-reduction grant agreements approved by the Air Pollution Control Officer for the period of August 1, 2023 through December 31, 2023; in accordance with Board Resolution Number 20-13.
  • Notice of Violation Report – Receive and file the summary of notices of violation issued and penalty revenue received during the months of October, November, and December 2023.
  • Minutes of the August 23, 2023 Regular Meeting of the Community Advisory Council – Receive and file minutes of the August 23, 2023 regular meeting of the Community Advisory Council.
  • Summary of Permitting Activity – Receive and file the summary of permitting activity during the months of July through December 2023.
  • District Fiscal Year 2022-23 Financial Audit – Receive and file the following:
    • Fiscal Year 2022-23 Air Pollution Control District Annual Comprehensive Financial Report also containing the Independent Auditor’s Report;
    • The Independent Auditor’s Report 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
    • The Independent’ Auditor’s Report to the Board of Directors and Management.
  • District Hearing Board Appointment – Consider recommendation of the District Hearing Board Nominating Committee to reappoint Mr. Robert Saperstein to the legal member position on the District Hearing Board for a 3-year term.
  • Employee Insurance Plans and Programs – Receive summary and rates of the employee insurance plans and programs for 2024.
  • Approval of Contract for Bankruptcy Legal Services – Approve and authorize the Chair to execute a contract with Rimôn, P.C. for a term expiring on December 31, 2024, for an amount not to exceed $15,000.
  • Salary Merit Increase for Air Pollution Control Officer Aeron Arlin Genet – Approve a 1-3% salary merit increase for Air Pollution Control Officer Aeron Arlin Genet.
  • Consideration of a District Cost Recovery Policy – Approve and authorize the District’s Cost Recovery Policy.
  • Continued Participation in the Woodsmoke Reduction Program and Ratification of Grant Agreement – Consider recommendations as follows:
    • Ratify, approve, and authorize the Air Pollution Control Officer (APCO) to accept $231,900 from the California Air Resources Board (CARB) to continue the District’s implementation of the Woodsmoke Reduction Program as outlined in the Woodsmoke Reduction Program – Program Guidelines – Fiscal Year 2022-2023 Appropriation, included as Attachment 1 to the Resolution;
    • Adopt a Resolution to authorize the District’s continued participation in CARB’s Woodsmoke Reduction Program and the acceptance of $231,900 in funds awarded to the District to implement the incentive program as outlined in the Woodsmoke Reduction Program – Program Guidelines – Fiscal Year 2022-2023 Appropriation;
    • Delegate authority to the APCO to sign installer agreements that are approved by Counsel, Auditor, and Risk Management and which shall meet the program requirements established by CARB; and
    • Delegate authority to the APCO to enter into Woodsmoke Reduction Program grant agreements with CARB in future years, for amounts not to exceed $1,000,000, subject to review and approval by the District Counsel, Risk Management, and the Auditor-Controller.
  • Award Job Order Contract(updated January 18, 2024) – Consider recommendations as follows:
    • Approve the plans and specifications for typical work for the Job Order Contracts (JOCs) on file with the Capital Projects Division of the County General Services Department, the District’s Representative for all phases of construction and remodel projects;
    • Approve and authorize the Chair to execute the attached General Building Construction Job Order Contract, with an initial guarantee only to receive the opportunity to perform Job Orders during the Term of the Contract (January 18, 2024 to June 30, 2024), and with a potential Not to Exceed Value of up to $2,000,000.00, with JG Contracting;
    • Authorize the Air Pollution Control Officer, or their designee, to work with County General Services to award the following categories of Job Orders under the JOC (subject to the authorized contract limits, appropriation of funds for such Job Orders, and the provision in advance of adequate bonds and other security for completing each Job Order), and to take action with respect to the JOCs in accordance with, and within the limits prescribed by, the Public Contract Code, including, but not limited to, Section 20128.5, with respect to job order contracting:
      • Repair, remodeling, or other repetitive work eligible for job order contracting in accordance with Public Contract Code Section 20128.5 that has been included in the District’s approved annual budget; and
      • Repair, remodeling, or other repetitive work eligible for job order contracting in accordance with Public Contract Code Section 20128.5 for which funding has been approved pursuant to a Budget Revision Request.
    • Approve use of the JOC for repair, remodeling, and other repetitive work to be done at 1011 W. McCoy.
  • Minutes of the October 5, 2023 Special Meeting of the South Central Coast Basinwide Control Council – Receive and file minutes of the October 5, 2023 special meeting of the South Central Coast Basinwide Control Council.
  • Received Director’s Report
  • Received Public Comment
  • Appointment of APCD Executive Committee – Select three members of the Board to serve on the APCD Executive Committee during calendar year 2024.
  • Appointment of APCD Board Members to Basinwide Control Council -Appoint one Board member to serve as the primary representative and one Board to serve as the alternate to the South Central Coast Basinwide Control Council during calendar year 2024.
  • Appointment of the APCD Hearing Board Nominating Committee – Select five members of the Board to serve on the APCD Hearing Board Nominating Committee during calendar year 2024.
  • Determine that a new District Rule for Gas Turbines and Associated Duct Burners is No Longer Necessary to Satisfy Assembly Bill 617 Requirements – Consider recommendations as follows:
    • Receive and file a report regarding Best Available Retrofit Control Technology (BARCT) for Gas Turbines and Associated Duct Burners at Assembly Bill 617 Industrial Facilities; and
    • Adopt a resolution determining that adopting a new District Rule is no longer necessary to implement BARCT for Gas Turbines and Associated Duct Burners because the affected Assembly Bill 617 Industrial Facility has requested changes to their District Permit to Operate to directly implement BARCT.| Presentation |