Action Summary Minutes

San Joaquin Valley Unified Air Pollution Control District

GOVERNING BOARD

Central Region Office, Governing Board Room 

1990 E. Gettysburg Avenue, Fresno, CA

Thursday, June 18, 2015

9:00 a.m.

Meeting held via teleconferencing with the Central Region Office (Fresno), 

the Northern Region Office (Modesto) and the Southern Region Office 

(Bakersfield).

This meeting was webcast.

1. CALL MEETING TO ORDER – The Chair, Supervisor Wheeler, called the 

meeting to order at 9:13 a.m.

2. ROLL CALL was taken and a quorum was present.

Present:

Sally Bomprezzi, Councilmember City of Madera

Oliver L. Baines III, Councilmember, Vice Chair City of Fresno

Dennis Brazil, Mayor* City of Gustine

John Capitman, Ph.D. Appointed by Governor

David Couch, Supervisor** Kern County

Bob Elliott, Supervisor* San Joaquin County

Virginia R. Gurrola, Councilmember City of Porterville

Buddy Mendes, Supervisor Fresno County

Craig Pedersen, Supervisor Kings County

Dr. Alexander Sherriffs Appointed by Governor

Hub Walsh, Supervisor* Merced County

Tom Wheeler, Supervisor, Chair Madera County

J. Steven Worthley, Supervisor Tulare County

* Attended meeting in Northern Region Office

**Attended meeting in the Southern Region Office

Absent:

Harold Hanson, Councilmember City of Bakersfield

William O’Brien, Supervisor Stanislaus County
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ACTION SUMMARY MINUTES

June 18, 2015

3. APPROVAL OF CONSENT CALENDAR – (Item Numbers 15 – 22) These 

matters are routine in nature and are usually approved by a single vote. Prior to 

action by the Board, the public was given the opportunity to comment on any 

consent item.

15. APPROVE ACTION SUMMARY MINUTES FOR THE SAN JOAQUIN 

VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT SPECIAL 

PUBLIC HEARING: REVIEW OF 2015-16 RECOMMENDED BUDGET 

ON THURSDAY, MAY 21, 2015

16. APPROVE ACTION SUMMARY MINUTES FOR THE SAN JOAQUIN 

VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT GOVERNING 

BOARD MEETING OF THURSDAY, MAY 21, 2015

17. RECEIVE AND FILE LIST OF SCHEDULED MEETINGS FOR 2015

18. RECEIVE AND FILE OPERATION STATISTICS SUMMARY FOR MAY

2015

19. RECEIVE AND FILE BUDGET STATUS REPORTS AS OF MAY 31, 2015

20. AMEND CONFLICT OF INTEREST CODE

21. CLAIM FOR DAMAGES AGAINST SAN JOAQUIN VALLEY UNIFIED AIR 

POLLUTION CONTROL DISTRICT

22. APPOINT MEMBER TO THE DISTRICT’S ENVIRONMENTAL JUSTICE 

ADVISORY GROUP

Public Comment: None

Moved: Worthley

Seconded: Walsh

Ayes: Baines, Bomprezzi, Brazil, Capitman, Couch, Elliott, Gurrola

Mendes, Pedersen, Sherriffs, Walsh, Worthley, Wheeler

Nays: None

Motion unanimously carried to approve Consent Calendar Items 15 - 22

4. PUBLIC COMMENT: The following persons provided public comment:

• Tommy Hastings, Frazier Park resident

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ACTION SUMMARY MINUTES

June 18, 2015

5. ADOPT THE DISTRICT’S 2015-16 RECOMMENDED BUDGET – Seyed 

Sadredin, Executive Director/APCO, expressed gratitude to members of the 

Governing Board Ad Hoc Subcommittee for Budget and Finance who provided 

guidance to staff preparing the budget and for the Board’s guidance in terms of 

the District’s fiduciary responsibility and ongoing pursuit of zero-based budgeting 

to minimize the costs despite increased workload associated with new mandates. 

He said the Board received a detailed presentation on the proposed 2015-16 

Recommended Budget at their May 21, 2015 Budget Hearing and set today’s 

meeting to consider adoption of the Budget. Reviewing the extensive public 

engagement process, Mr. Sadredin said prior to that hearing, the District mailed 

individual notices to all businesses subject to District permit fees, informing them 

of the May 21st hearing and inviting them to attend and comment on the Budget. 

The same notice was published in major newspapers throughout the Valley.

Public Comment: The following persons commented on this item:

• Manuel Cunha, Nisei Farmers League

Moved: Pedersen

Seconded: Bomprezzi

Ayes: Baines, Bomprezzi, Brazil, Capitman, Couch, Elliott, Gurrola

Mendes, Pedersen, Sherriffs, Walsh, Worthley, Wheeler

Nays: None

Motion unanimously carried to adopt the District’s 2015-16 Recommended 

Budget

This item was taken out of order

9. APPROVE VOLUNTARY EMISSION REDUCTION AGREEMENT WITH 

CALIFORNIA RESOURCES PRODUCTION CORPORATION TO RECEIVE 

FUNDS IN THE ESTIMATED AMOUNT OF $186,701 TO MITIGATE AIR 

QUALITY IMPACTS OF THE PROPOSED BUENA VISTA NOSE AREA 

APPRAISAL PROJECT – Dave Warner, Deputy APCO, gave the presentation on 

this item which proposed the Board approve the Voluntary Emission Reduction 

Agreement (VERA) with California Resources Production Corporation to mitigate 

construction criteria pollution impacts associated with the Buena Vista Nose Area 

Appraisal Project. 

Supervisor Pedersen asked if the mitigation fees are collected only for the 

duration of the project. Councilmember Gurrola commented on the potential 

lifetime reductions of the proposed VERA. Mr. Sadredin responded that 

reductions that are generated as a result of VERAs last a lifetime even though 

the project may only take place for a limited time. Mr. Sadredin added Board 

approval of this item is for mitigation if the project is built, and not approval of the 

project itself. Dr. Capitman voiced appreciation for these agreements noting that 

reductions are based on actual numbers and not projected. He asked about the 

reporting process. Mr. Warner responded that a reporting and verification 

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ACTION SUMMARY MINUTES

June 18, 2015

mechanism is created for each VERA and the District must agree with the final 

reporting. Dr. Capitman also mentioned that he appreciated that mitigation efforts 

are focused near the area where emissions are created. 

Supervisor Worthley commented in this case there is an added benefit, as the 

project will cause a temporary increase in pollutants but the reductions achieved 

as a result of this VERA will be permanent. Dr. Sherriffs asked if the reporting 

mechanism is user friendly for the public. Mr. Sadredin responded these 

agreements impose requirements for the projects to quantify emissions and have 

those emissions verified by the District so there is a paper trail. Dr. Sherriffs 

declared this process as a win-win situation for the Valley and said more 

businesses should be encouraged to enter into these agreements. Supervisor 

Worthley suggested directing attention to planning departments at Valley cities 

and counties to make them aware of these agreements. He said it is a tool that 

was designed by industry in an effort to avoid litigation and recommended 

keeping the program voluntary. Supervisor Wheeler voiced agreement with 

Supervisor Worthley’s comments.

Mr. Sadredin noted the Board laid out a set of actions to pursue additional 

agreements at the recent Study Session. Mr. Sadredin also referred to the 

example in Kern County where the District is fully engaged with Kern County in 

establishing a new permitting process for oil and gas exploration where VERAtype mitigation will be standard for all future projects.

Supervisor Elliott asked if there are cases where the proposed mitigation costs 

less than the estimate and if so, does the developer get a refund? Mr. Sadredin 

responded if the actual cost is less than the developer would pay less. He said 

however, if the money is spent by the District and the project does not get 

completed then no refund is given to the developer. 

Public Comment: The following persons commented on this item:

• Dolores Weller, CVAQ

• Dennis Champion, California Resources

Moved: Mendes

Seconded: Worthley

Ayes: Baines, Bomprezzi, Brazil, Capitman, Couch, Elliott, Gurrola,

Mendes, Pedersen, Sherriffs, Walsh, Worthley, Wheeler

Nays: None

Motion unanimously carried to approve Voluntary Emission Reduction 

Agreement with California Resources Production Corporation to receive 

funds in the estimated amount of $186,701 to mitigate air quality impacts of 

the proposed Buena Vista Nose Area Appraisal Project

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6. REPORT ON DISTRICT CITIZENS ADVISORY COMMITTEE ACTIVITIES –

Manuel Cunha, Fresno County Industry/Ag Primary Representative reported on 

highlights from the Citizens Advisory Committee (CAC) meetings of April 21, 

2015 and June 2, 2015. He said at their April 21st meeting, CAC members 

provided feedback on the District’s new Public Engagement Initiative for the 2016 

Ozone Plan which was approved by the Board at their May 2015 Study Session. 

In addition to the legally required and extensive public meetings and workshops, 

this new public engagement initiative will help ensure that the 2016 Ozone Plan 

benefits fully from the input and suggestions of all stakeholders and subject 

matter experts. In addition, he reported CAC members provided input regarding 

the proposal for EJAG to report directly to the Governing Board for a one-year 

pilot period. 

At their June 2nd meeting, Mr. Cunha reported CAC members provided input 

regarding the formation of the new Ozone Plan Workgroup, which will include 3 

members from each CAC interest group. He said the CAC unanimously 

supported that both primary and alternate CAC members be eligible for 

participation and that the process for soliciting interest from members be kept as 

simple as possible. In addition, he said members received updates on Cap and 

Trade funding and emergency drought relief actions. Lastly, Mr. Cunha reported 

CAC members expressed support for the District’s application for competitive 

federal DERA grant funding. Mr. Cunha gave accolades to the District for their 

tremendous efforts to bring additional funding to the Valley. 

Supervisor Worthley asked if emergency dust control measures were being 

communicated to appropriate persons across the Valley. Mr. Cunha responded 

affirmatively, acknowledging numerous efforts by the agricultural industry to 

control water usage. Mr. Sadredin said based on the Board’s direction, the 

District has come up with an enforcement discretion approach requiring less 

water-intensive measures and establishing a penalty to be paid to mitigate these 

emissions.

Public Comments - None

7. APPROVE NEXT STEPS FOR ADDRESSING EMISSIONS FROM UNDERFIRED COMMERCIAL CHARBROILERS AT VALLEY RESTAURANTS – Errol 

Villegas, Program Manager, gave the presentation on this item which proposed 

the Board appropriate $1.5 million for the Restaurant Charbroiler Technology 

Partnership program, which would fund particulate emission control technology 

demonstration projects for under-fired charbroilers at Valley restaurants. He said 

despite extensive efforts by California air districts, other states, and federal EPA, 

feasible control technologies for reducing particulate emissions from under-fired 

charbroilers have remained elusive. If these efforts are successful in identifying 

cost-effective technologies that can accommodate real life operating conditions, 

the District can then adopt a rule that would require utilization of such controls. 

Mr. Sadredin said District staff has been working with a restaurant in Stockton 

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along with other businesses that are interested in this program. He commented 

that at this point it seems very unlikely that a cost-effective technology can be 

created that will apply to a broad range of restaurants as initially hoped. 

Supervisor Pedersen asked how monitoring would be conducted. Mr. Villegas 

said the District is looking to partner with the technology creator or restaurant 

operator to gain an understanding of what is involved in operating these systems. 

Mr. Sadredin commented the systems are essentially high-efficiency filters and 

as long as they are operational they should capture 80-90% of the emissions. 

Dr. Sherriffs commented this seems like a large amount of money for a small

impact. He suggested spending the money to clean up the diesel engines used 

for agricultural purposes. Acknowledging the health impact, he suggested a 

potential approach to charbroilers similar to the residential wood burning rule 

where the use is prohibited under certain conditions. Acknowledging there are 

more effective ways to spend this money, Mr. Sadredin responded unfortunately 

environmental groups and EPA are willing to disapprove the District’s PM2.5 

Plan if this area remains unaddressed. He commented if approved, this program 

would take technologies that are showing promise in the laboratory and apply 

them in real world settings to see if they can actually perform.

Dr. Capitman suggested lowering the number of projects and reserving some 

funds to explore the public health impacts of the use of charbroilers. Supervisor 

Walsh commented if information can be gained from this program for the District 

to use moving forward, then it seems like a reasonable use of funds. Mr. 

Sadredin explained there are currently 3 projects that are ready to go and can be 

funded for less than $500,000. He said at the Board’s direction, the other funds 

could be used for research purposes. Mayor Brazil acknowledged this is a lot of 

money but said this is a great project and the District has a duty to look at all 

available technologies to lessen the impact of these emissions. 

Councilmember Baines voiced support for Mr. Sadredin’s suggestion of funding 

the 3 existing projects and using some funds for research. Supervisor Elliott 

asked how staff can be sure the District’s PM2.5 Plan would be disapproved by 

EPA if this area was not addressed. Mr. Sadredin said throughout the process 

this subject has been a big source of contention with EPA and they have made it 

clear that if this source category is not covered then they will have difficulty 

approving the plan. Supervisor Elliott said it makes sense to address this on a 

smaller scale and use the rest of the money for research and education.

Public Comment: The following persons commented on this item:

• Dolores Weller, CVAQ

Dr. Sherriffs said $500,000 would be a generous start for this program. 

Supervisor Worthley made a motion to approve up to $750,000, and to direct 

staff to return to the Board to seek additional funding if necessary. 

Councilmember Baines suggested in addition, to direct staff to return to the 

Board with a plan for research and potential public outreach. Supervisor 

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Worthley amended his motion as such. Councilmember Gurrola asked if 

different technologies would be able to be funded with the proposed new dollar 

amount. Mr. Sadredin responded affirmatively, noting staff would return to the 

Board to request funding if additional promising technologies were found. 

Moved: Worthley

Seconded: Baines

Ayes: Baines, Bomprezzi, Brazil, Capitman, Couch, Elliott, Gurrola,

Mendes, Pedersen, Sherriffs, Walsh, Worthley, Wheeler

Nays: None

Motion unanimously carried to approve next step for addressing emissions 

from under-fired commercial charbroilers at Valley restaurants

8. APPROPRIATE $4,000,000 FOR CONTINUED OPERATION OF THE TUNE IN 

TUNE UP VEHICLE REPAIR PROGRAM – Brian Dodds, Supervising Air Quality 

Specialist, gave the presentation on this item which proposed the Board approve 

$4,000,000 for the continuation of the Tune In Tune Up Vehicle Repair Program 

for Valley residents. Since 2011, the District has partnered with Valley Clean Air 

Now (CAN) to operate the ground-breaking and extremely successful Tune In 

Tune Up vehicle repair assistance program which provides primarily low income 

Valley residents with the opportunity and necessary funding to make emissionsrelated repairs to their vehicles, significantly reducing emissions in environmental 

justice communities and throughout the Valley.

Supervisor Worthley asked about the ability to use different dealers across the 

Valley for the vehicle replacement component. Mr. Sadredin responded the pilot 

program was limited to Carmax, but the new program is open to other 

dealerships provided they register with the District and meet appropriate 

guidelines. Supervisor Worthley suggested notifying Valley dealerships of this 

program and how they can participate. Councilmember Gurrola commented 

these events also bring other agencies together to assist Valley residents. She 

asked about STAR-certified smog centers and ways to increase their availability 

in some outlying areas. Mr. Dodds responded that shop owners are referred to 

the Bureau of Automotive Repair (BAR) if they express interest in becoming 

STAR-certified. 

Dr. Sherriffs expressed appreciation for this great program which brings valuable 

resources to environmental justice communities. He asked about plans to 

augment the program with Cap and Trade funds. Mr. Sadredin responded that 

this program is receiving recognition from many state agencies and the District 

hopes to bring additional funding through Cap and Trade to expand this program 

in other areas. Supervisor Walsh asked if the vouchers are good at STARcertified shops that do not show up at these events. Mr. Dodds responded 

affirmatively.

Public Comment: None

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June 18, 2015

Moved: Walsh

Seconded: Baines

Ayes: Baines, Bomprezzi, Brazil, Capitman, Couch, Elliott, Gurrola,

Mendes, Pedersen, Sherriffs, Walsh, Worthley, Wheeler

Nays: None

Motion unanimously carried to appropriate $4,000,000 for continued 

operation of the Tune In Tune Up vehicle repair program

10. RECEIVE AND FILE HIGHLIGHTS AND ACTION ITEMS FROM THE 2015 

GOVERNING BOARD STUDY SESSION – Mr. Sadredin detailed highlights and 

action items from the agenda topics discussed at the May 2015 Study Session, 

including:

1. Review and Approve Action Plan for Promoting the Use of Natural 

Gas Technology for Goods Movement in the San Joaquin Valley

2. Approve New Strategy for Recruiting Healthy Air Living Partners 

and Consider New Incentives for Participation

3. Explore the Feasibility and Provide Direction on Pursuing a “HotSpot-Based” Strategy for Attaining the Federal Ambient Air Quality 

Standards for Ozone and Particulate Matter

4. Public Engagement Initiative for the Development of the 2016 

Ozone Plan

5. Review, Reaffirm, and/or Fine-Tune the District’s Mission 

Statement, Vision Statement, Core Values, and Associated Material 

for Sharing the District’s STAR Work Culture

6. Accept $170,130 in Unanticipated Revenue for the Carl Moyer 

Memorial Air Quality Standards Attainment Program from the 

Eastern Kern Air Pollution Control District

7. Review and Approve Action Plan for Securing San Joaquin Valley’s 

Fair Share of the State’s Cap and Trade Funds

8. Environmental Justice Advisory Group (EJAG) Reporting Structure

9. Review the District’s Comprehensive Public Education and 

Outreach Program Elements and Provide Direction on any 

Changes or Additions as Necessary

10.Assess the Feasibility and the Means by which the District May 

Pursue a Broader and more Uniform Utilization of Voluntary 

Emission Reduction Agreements throughout the Valley

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June 18, 2015

11.Review the Current State of the Drought, Potential Air Quality 

Impacts, and Additional Emergency Relief Actions that the District 

May Need to Pursue

 Public Comment: None

Supervisor Wheeler thanked staff for organizing such an informative and 

valuable event. 

11. VERBAL REPORT ON AIR RESOURCES BOARD ACTIVITIES – Dr. Sherriffs 

reported highlights of recent California Air Resources Board (ARB) meetings. On 

April 23, 2015, ARB staff presented an update to the Board and the public on the 

development of the California Sustainable Freight Strategy, including potential 

integration with other state freight planning efforts. On May 21, 2015, ARB staff 

presented to the Board the 2015 San Joaquin Valley PM2.5 State 

Implementation Plan (SIP), which updates the state’s 2008 submittal. This latest 

submittal contains the Air District’s and the ARB’s regulatory commitments to 

attain the 1997 PM2.5 standards by no later than 2018 for the 24-hour standard 

and 2020 for the annual standard. In addition, the Board approved five research 

proposals that were developed in response to the Board’s Fiscal Year (FY) 2015-

16 Annual Research Plan. Lastly, he reported on upcoming matters before the 

ARB Board, including: considering adoption of a new Low Carbon Fuels 

Standard (LCFS) regulation to replace the existing LCFS regulation adopted in 

2009; considering adoption of a proposed regulation governing the 

commercialization of diesel fuel substitutes for mobile vehicles; and considering

adoption of a new regulatory effort to reduce GHG emissions from the oil and gas 

production and processing industries by establishing a series of operating 

practices, equipment design standards, and control strategies. 

12. EXECUTIVE DIRECTOR/APCO COMMENTS – Mr. Sadredin said he was happy 

to report that so far this summer, the Valley has enjoyed a much better ozone 

season in terms of the peak concentrations and number of exceedances, which 

are down about 30% for the 8-hour ozone standard along with no violations of 

the 1-hour ozone standard. Regarding the District’s efforts to modernize the 

federal Clean Air Act, he said staff is expecting a bill to be introduced and a 

number of legislators have expressed interest in co-sponsoring or working 

together on this issue. He said other stakeholders have looked at the District’s 

proposal and expressed interest in providing support. 

Mr. Sadredin said that back in April when the Board adopted the PM2.5 Plan, 

there was a great deal of discussion about the potential of EPA disapproving the

Plan or not approving the Plan by the end of December 2015. If this were to 

happen, it would trigger an irreparable sanction to the Valley in the form of a 

requirement to reduce emissions by five percent per year, which everyone 

agrees is an impossible mandate in the Valley. As a part of the motion, the 

Board directed District staff to return to the Board in August with a set of potential 

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June 18, 2015

actions to take if EPA does not approve the Plan. Under this so-called “Nuclear 

Option”, the District would turn over the enforcement and regulation of PM2.5 

mandates to the federal EPA. Mr. Sadredin stated there is not any good reason 

for EPA not to approve the Plan and he is beginning to get signals that EPA is

heading in the right direction. Given this progress, he requested flexibility to work 

with the Chair to determine when and if it would be an appropriate time to bring 

this item back to the Board depending on where EPA is in the process. The 

Chair responded affirmatively.

13. GOVERNING BOARD MEMBER COMMENTS – Supervisor Pedersen asked for 

a brief history on the use of the term “environmental justice communities”. Mr. 

Sadredin responded a more common term these days is “disadvantaged 

communities” for areas that have below average or low-income and a high 

percentage of minority residents. Dr. Capitman commented there is a great 

resource from Cal EPA that maps these disadvantaged and “environmentally 

overburdened” communities called the CalEnviroScreen. He asked that the link 

to the map be available for use by the Board and other interested parties.

Councilmember Bomprezzi thanked the District for grant money provided to the 

City of Madera to purchase 5 new CNG vehicles and improve traffic flow on a 

major street. 

14. CLOSED SESSION – District Counsel, Annette Ballatore-Williams, announced 

the Board would adjourn to Closed Session to discuss the following:

• Existing Litigation. Pursuant to Government Code Section 54956.9(a), a 

need exists to meet in closed session with legal counsel to consider the 

following case:

1. HPS Mechanical, Inc. v. Biogas & Electric, LLC, Kern Co. Sup. 

Ct. Case No. S-1500-CV-284789, pending

Public Comment: None

Jessi Fierro, Assistant District Counsel, reported out of Closed Session that the 

Board voted unanimously to give approval to District Counsel to defend the 

District in the above-mentioned case, followed by adjournment.

ADJOURN

Meeting adjourned at 11:20 a.m.

The next scheduled meeting of the Governing Board is: Thursday, August 20, 2015. The meeting 

starts at 9:00 a.m., in the Central Region Office, Governing Board Room, 1990 E. Gettysburg 

Avenue, Fresno. The meeting will be held via video teleconference (VTC) with the Northern 

Region Office (Modesto) and the Southern Region Office (Bakersfield) participating via VTC.

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