APCD Board Actions – December 20, 2018

Agenda  |  Meeting Video  |  Minutes

  • Approved minutes of the October 18, 2018 meeting.
  • Notice of Violation Report – Received and filed the summary of notices of violation issued and penalty revenue received during the months of October and November 2018.
  • District Grant Program Activity – Received and filed the following grant program related activity:
    • An update on the Old Car Buy Back Program for vehicles retired during the period of August 1, 2018 through September 30, 2018;
    • An update on the Woodsmoke Reduction Program for fireplace and stove replacement projects during the period of October 25, 2018 through December 1, 2018; and
    • Summary of the emission-reduction grant agreements approved by the Air Pollution Control Officer for the period of October 4, 2018 through December 5, 2018 in accordance with Board Resolution Number 09-14, including:
      • Santa Barbara City College – EV Charging Station Infrastructure Program (Termination).
  • Minutes of the January 2018 APCD Community Advisory Council Meeting – Received and filed the minutes from the January 11, 2018 meeting of the APCD Community Advisory Council.
  • Resolution for authorizing the District to accept credit cards, debit cards, or electronic funds transfers and to impose certain fees for the use of a credit or debit card or electronic funds transfer not to exceed the costs incurred by the District – Adopted a resolution authorizing the District to:
    • Accept credit cards, debit cards, or electronic funds transfers for the payment of services rendered by the District and the payment of fees and charges due to the District; and
    • Impose certain fees on the holder of the credit card, debit card, or electronic funds transfer not to exceed the costs incurred by the District from the credit or debit card issuer or the processor of the electronic funds transfer in providing for payment by credit card, debit card, or electronic funds transfer.
  • New Rule 3.5 of California’s Rules of Professional Conduct for Lawyers – Approved recommendations as follows:
    • Adopted a Resolution that will govern communications with members of the Board pursuant to new Rule 3.5 of California’s Rules of Professional Conduct for lawyers which became effective on November 1, 2018, that:
      • The Board’s Legal Counsel, as the advisor to the Board, may continue to provide confidential attorney-client legal advice on the merits of adjudicative matters to members of the Board;
      • All lawyers may continue to communicate with members of the Board on the merits of adjudicative matters and those communications will be subject to ex parte disclosure by the member when ex parte disclosures are required;
      • Any gifts from lawyers to members of the Board and/or to District employees, shall be regulated by the Political Reform Act, Government Code § 81000 et seq; and
    • Found that the proposed actions are not a “project” under California Environmental Quality Act Guidelines § 15378(b)(5) in that they are organizational or administrative activities of the government that will not result in direct or indirect physical changes to the environment.
  • Fiscal Year 2018-19 Budget Amendment  – Consider recommendations as follows:  (NO VOTE TAKEN – Required 4/5 Approval Vote, no met)
    • Transfer appropriations of $40,000 from Services & Supplies Account #7460 (Professional and Special Services) to Capital Assets #8300 (Equipment); and
    • Increase appropriations of Capital Assets Account #8300 (Equipment) by an additional $50,000, for a total budget amount of $227,000.
  • Waiver of Competition for the Purchase of a MicroPHAZIR AS analyzer for the Compliance Division – Authorized the Santa Barbara County Air Pollution Control District (District) to purchase a MicroPHAZIR AS analyzer for the Compliance Division from Thermo Scientific Portable Analytical Instruments Inc. as sole source procurement without being required to conduct a formal bid process, for a total cost of $29,092.50, including taxes.
  • Received Public Comment.
  • Received Directors Report.
  • Recognition of Departing Board Members – Recognized Board members Janet Wolf, Michael Bennett, John Lizalde and Jim Richardson for their years of service on the APCD Board of Directors.
  • Consideration of Salary Merit Increase for Control Officer Arlin Genet – Approved a salary merit increase for Control Officer Aeron Arlin Genet.  For purposes of discussion, the Board letter proposed a three percent (3%) salary merit increase.
  • Low-Cost Air Sensors for Community Partners   |  Presentation – Approved recommendations as follows:
    • Approved a “Low-Cost Air Quality Sensor Agreement” to loan low-cost air sensors (e.g., PurpleAir sensors) to community partners;
    • Delegated authority to the Control Officer to enter into said agreements; and
    • Authorized the Control Officer to update the Board-approved agreement from time to time to implement requirements and policies identified by District Counsel, Risk Management, and the Auditor that do not require Board approval.
  • Air Monitoring Network Update   |  Presentation – Received an update on the current and future ambient air monitoring network in Santa Barbara County.
  • Adopting the Assembly Bill 617 Best Available Retrofit Control Technology Rule Development Schedule   |  Presentation – Hearing:  Approved recommendations as follows:
    • Held a public hearing to receive testimony on the adoption of the Assembly Bill 617 Best Available Retrofit Control Technology Rule Development Schedule;
    • Adopted a resolution formally adopting the rule development schedule contained in Attachment B to the resolution; and
    • Found that the adoption of the Best Available Retrofit Control Technology Rule Development Schedule is not a project under CEQA, and is therefore exempt from CEQA review.