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, August 20, 2009 

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, Chris Vierra called the meeting to order at 9:10 a.m. 

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

Present: 

Tony Barba, Supervisor, Vice Chair Kings County 

Judy Case, Supervisor Fresno County 

Henry J. Forman, Ph.D. Appointed by Governor 

Michael G. Nelson, Supervisor Merced County 

William O’Brien, Supervisor* Stanislaus County

Leroy Ornellas, Supervisor* San Joaquin County 

Chris Vierra, Councilmember, Chair City of Ceres 

Raymond Watson, Supervisor Kern County 

J. Steven Worthley, Supervisor Tulare County 

*Attended meeting in Northern Region Office 

Absent: 

Ronn Dominici, Supervisor Madera County 

John G. Telles, M.D. Appointed by Governor 

3. APPROVAL OF CONSENT CALENDAR – Item numbers 19 – 27 These matters 

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

the Board, the public is given the opportunity to comment on any consent item. 

19. APPROVE ACTION SUMMARY MINUTES FOR THE SAN JOAQUIN 

VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT GOVERNING 

BOARD MEETING OF THURSDAY, JUNE 18, 2009

21. RECEIVE AND FILE OPERATION STATISTICS SUMMARY FOR JUNE AND 

JULY 2009

22. RECEIVE AND FILE BUDGET STATUS REPORT AS OF JULY 31, 2009 

AND CASH BALANCE REPORT AS OF JUNE 30, 2009
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August 20, 2009 

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24. RECEIVE AND FILE PROPOSED AMENDMENTS TO RULE 4602 (MOTOR 

VEHICLE ASSEMBLY COATINGS), RULE 4603 (SURFACE COATING OF 

METAL PARTS AND PRODUCTS), RULE 4653 (ADHESIVES) AND RULE 

4684 (POLYESTER RESIN OPERATIONS)

25. RECEIVE AND FILE PROPOSED RULE 4695 (BRANDY AGING AND WINE 

AGING)

26. ADOPT RESOLUTION SELECTING A CANDIDATE TO SERVE AS 

DIRECTOR ON THE SPECIAL DISTRICT RISK MANAGEMENT 

AUTHORITY BOARD OF DIRECTORS

27. AMEND CONFLICT OF INTEREST CODE

 Consent Item #20 was pulled by Seyed Sadredin, Executive Director APCO 

and Consent Item #23 was pulled by Supervisor Case for further discussion 

and separate votes. 

 Public Comment – None 

 Moved: Watson 

 Seconded: Worthley

 Ayes: Nelson, Watson, Worthley, Case, Forman

Barba, Ornellas, O’Brien, Vierra 

Nays: None 

Motion carried unanimously to approve Consent Calendar Items 19, 22 

and 24-27. 

20. RECEIVE AND FILE LIST OF SCHEDULED MEETINGS FOR 2009- 

Chairman Vierra noted there may be a conflict with the October Governing 

Board meeting date and a San Joaquin Valley Supervisors Association 

meeting. Supervisor Worthley suggested holding a combined meeting for 

October and November on November 5, 2009. 

 Public Comment – None 

 Moved: Worthley

 Seconded: Watson 

Ayes: Barba, Forman, Worthley, Ornellas 

 O’Brien, Nelson, Watson, Case, Vierra 

Nays: None 

Motion unanimously carried to hold a combined October and November 

Governing Board meeting on November 5, 2009. 
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23. RECEIVE AND FILE LIST OF REFUNDS FOR FISCAL YEAR 2008/09 - 

Supervisor Case stated the reason she pulled this item is the list of refunds is 

large and seems to be growing due to incorrect and duplicate payments. She 

asked if there was a way to be clearer with people who are sending in checks. 

She noted these incorrect payments cost both the sender and the District time 

and resources. Mr. Sadredin stated staff will look into any changes that can 

be made to billing systems. However, he also noted that often some of these 

refunds are due to a change in plans as companies decide not to go ahead 

with certain projects. He noted in these tough economic times, this seems to 

have been a factor. 

Public Comment – None 

 Moved: Case

 Seconded: Barba 

Ayes: Forman, Nelson, Ornellas, O’Brien, Watson 

 Worthley, Barba, Case, Vierra 

Nays: None 

Motion carried unanimously to receive and file list of refunds for fiscal 

year 2008/09.

4. PUBLIC COMMENT – The following persons provided testimony during the Public 

Comment portion of the meeting: 

• Laura Fultz-Stout, Coalition for Clean Air

• Terry Conboy, New Dimensions Landscaping and Maintenance

• Jerry Frost

Chairman Vierra asked staff to look at the possibility of providing security at future 

controversial meetings in light of the situation at the May 21, 2009 Board Meeting. 

Mr. Sadredin noted the basic spirit of these Board Meetings encourage public 

participation. However, he suggested using off-duty police officers on an as needed 

basis. Supervisor Worthley suggested calling the appropriate law enforcement 

agency when the situation warrants. Supervisor Case stated the District has a duty 

to make Board Meetings safe and accessible to all. She noted that people are 

entitled to have their voice. However they shouldn’t be allowed to preclude others 

from participating. Mr. Sadredin suggested staff could call the police department if 

there is an unexpected issue and hire off-duty police officers for meetings that are 

expected to be controversial. 

5. REPORT FROM THE CITIZEN’S ADVISORY COMMITTEE (CAC) – Mary-Michal 

Rawling, Chair of the CAC gave a report on the meeting held on August 4, 2009. 

She noted they received several updates from Mr. Sadredin. She noted the CAC 

learned about updates regarding funding from Prop 1B, the PASS program, and 

stimulus money. Additionally, she stated the CAC discussed the Environmental 

Justice Advisory Group that will be evaluated over the next few months, and she 
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indicated the CAC will be providing input to the APCO about that process. She also 

noted the EJAG Bylaws will come before the CAC at their next meeting. 

6. S.T.A.R. RECOGNITION (SERVICE, TEAMWORK, ATTITUDE, RESPECT) – 

Carolyn Rose, Personnel Director gave the presentation and recognized nine 

individuals who reached service milestones during the preceding quarter. 

 

Five Years of Service

Joe Avila, Air Quality Inspector II 

 Jaime Holt, Chief Communications Officer 

 Glenn Reed, Senior Air Quality Specialist 

 Lucinda Roth, Supervising Air Quality Specialist 

 Brenda Turner, Air Quality Education Representative II 

Ten Years of Service

 Renald Harris, Air Quality Engineer II 

 Kamaljit Sran, Senior Air Quality Engineer 

 Michelle Banuelos, Senior Office Assistant 

Fifteen Years of Service

 Connie Goddard, Accounting Assistant II 

7. INTERIM REPORT ON 2009 SUMMER SEASON HEALTHY AIR LIVING 

ACTIVITIES: CENTRAL VALLEY CHEVY DEALERS’ NEW CAR GIVEAWAY AND 

OTHER PUBLIC EDUCATION AND OUTREACH EFFORTS – Mr. Sadredin stated 

that early this year the Board changed the Healthy Air Living initiative program to a 

year-round program, where individuals throughout the Valley were encouraged to 

take responsibility and participate in the District’s work to clean the air. Mr. Sadredin 

gave an interim report about the summer/fall campaign, and will give a full report at 

the end of the season, with some measurable criteria in terms of calculating its 

success, as well as assessing the amount of reductions in emissions. Mr. Sadredin 

then introduced Jaime Holt, Chief Communications Officer, who provided a brief 

report about this program. 

Ms. Holt spoke briefly about some activities that have been going on this summer, 

starting with the Chevy Malibu Hybrid car giveaway. She noted the District 

negotiated with Chevrolet to give away this hybrid vehicle. Ms. Holt also noted the 

District held four business summits this year, in Bakersfield, Fresno, Modesto, and 

Stockton; which were very well received, with over 250 people attending. Also, she 

stated the District organized 15 community chats up and down the Valley in which 

District employees from all departments participated. For the fall, she noted the 

focus will be to have District staff go to events people have already committed to, 

such as the Rotary Club meeting held in Merced recently; an opportunity made 

available by Supervisor Nelson. 

Ms. Holt noted that the District is currently running a variety of advertising. Also, she 

noted we now have a Spanish-only pledge card. Additionally, the District is about to 
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launch a Spanish version of the Healthy Air Living website, making us the only 

district in the state of California that has a website totally set up for Spanish 

speaking individuals. She also explained a new business partner program, where 

the District is actively recruiting Valley businesses to become Healthy Air Living 

Partners. Several hundred invitation packets were mailed in July and staff is 

receiving completed applications and resolutions from interested businesses. 

Business partner logos are being posted on the Healthy Air Living website, and the 

District will allow the businesses to use the Healthy Air Living logo on their marketing 

materials. 

Mr. Sadredin interjected that in recruiting Healthy Air Living partners, we are also 

reaching out to the city and counties similarly to last year, when all the counties and 

approximately 40 cities adopted Healthy Air Living proclamations and made pledges 

to do certain things to promote Healthy Air Living. Mr. Sadredin asked for the 

Board’s assistance in moving the process forward. 

Ms. Holt also reported that the District partnered with the Fresno Regional 

Foundation and recently did a soft launch of our Community Clean Air Fund. The 

fund allowed people to give a tax deductable donation to the Fresno Regional 

Foundation, which then can be used to target certain air quality projects. She 

advised that Twitter is being utilized as a source to provide daily air quality updates. 

She then played a radio ad and TV commercials in which Board members 

participated in and also played a TV commercial in Spanish. 

 

Supervisor Watson asked if there is a way to measure whether behaviors are 

actually changing, and if we are reporting to the public the successes being 

achieved by people learning what they can do for Healthy Air Living. Mr. Sadredin 

stated extensive analysis was completed for the winter campaign for Healthy Air 

Living that dealt with the Fireplace Rule. The success in that campaign was evident 

by the number of people who knew of the regulations and implemented the plan, 

thereby resulting in a reduction in concentrations of emissions. He indicated 

something similar would be utilized for the winter/fall campaign. He also noted the 

Board has approved the budget for a scientific survey to ascertain if the public is 

hearing these messages, and possibly later in the fall this information can be 

presented to the Board. Mr. Sadredin cautioned that because this involves a 

cultural-changing type of approach, it may take time to see results. 

Public Comment – The following persons provided testimony on this item: 

• Melissa Kelly-Ortega, Merced/Mariposa Asthma Coalition. 

• Laura Fultz-Stout, Coalition for Clean Air 

8. REVIEW AND ASSESSMENT OF THE DISTRICT’S BUDGET AND SPENDING, 

FUNDED BY WILLIAM AND FLORA HEWLETT FOUNDATION – Mr. Sadredin 

introduced, Mr. Bill Sylte, principal with Sierra Nevada Air Quality Group. Mr. Sylte 

presented a PowerPoint presentation on “Five-year Review and Assessment of San 

Joaquin Valley Air Pollution Control District Budgets and Spending,” dated August 
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August 20, 2009 

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20, 2009. 

The William and Flora Hewlett Foundation funded the study in which the Valley Air 

District compared favorably with other large California air districts. The findings 

showed the District has low overhead, efficient air quality control programs and a 

very cost-effective grant management program. It also received more per capita 

incentive funding and spent less than other districts while accomplishing 

comparative results. One recommendation from the study was to increase the 

availability of online permit applications, and the effort is underway. 

After Mr. Sylte’s presentation, Mr. Sadredin indicated that the District is doing as well 

or better than some of the other districts. Supervisor Ornellas inquired as to what 

prompted this study. Mr. Sylte responded that the people most interested in the 

study were critics of the District. He commented that some members of the 

community were surprised at the findings in the draft report and challenged them, 

although they were later verified. Mr. Sylte noted this report is a product of the 

Sierra Nevada Air Quality Group and not a result of critics who demanded this study. 

Supervisor Ornellas asked Mr. Sylte the cost of the study. Mr. Sylte replied the cost 

of the study was $50,000. Supervisor O’Brien expressed frustration regarding the 

time and resources spent on defending the District’s actions. He noted although we 

did not pay for the study, it was $50,000 that could have been spent on cleaning the 

air. He stated that every member on the Board will do what they can to make this 

the best Air District we possibly can, and that it seems we spend a lot of time and 

resources defending our actions. He noted our air pollution has come a long way, 

but we have a long way to go. 

Supervisor Watson expressed that it was nice to see how well we came out on an 

independent report and expressed how everyone involved should be congratulated. 

Supervisor Worthley stated the report is great news, as it identifies how well this 

operation runs. He stated this report is what makes us believable and gives us 

creditability. He would like an abbreviated report, highlighting certain sections, to be 

sent to elected officials; especially, the portion indicating we are not receiving our fair 

share of funds. Supervisor Worthley also commended the District, and the Board, 

for doing a very good job. He indicated that in the last few years, primarily under Mr. 

Sadredin’s leadership, and with the Board going to Sacramento and Washington 

D.C., money has been raised by going after funds from the State and Federal 

government. He ended by stating we need to continue our efforts and expressed 

that he is very excited about the report. 

Chairman Vierra stated that he had a chance to meet with some of the 

representatives to go over the report, and his first comment when he initially saw it 

was to question why we were being singled out, and question why the other groups 

did not have their own individual reports. However, we are all involved together for 

better air quality, and if there are some positive benefits from the report, that is what 

is important. He stated he was pleased with the report findings, and during his time 

on the Board a lot has been accomplished. 
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Public Comment - The following persons provided testimony on this item: 

• Colby Morrow, Southern California Gas Company

• Camile Custen, Environmental Defense Fund

• Manual Cunha, Nisei Farmers League 

The Governing Board took a short recess at 11:15 a.m. 

The Governing Board reconvened at 11:25 p.m. 

9. CONTINUATION OF THE PUBLIC HEARING FOR AMENDMENTS TO RULE 4692 

(COMMERCIAL CHARBROILING) – Mr. Sadredin stated that, although participation 

in rule workshops had been very limited, during the June Board Meeting a number of 

restaurant owners raised good questions, and pointed to other areas the District 

needs to look in terms of cost and reliability and availability of the controls. He 

stated that staff, since the June meeting, had conducted several meetings with the 

control vendors, the people who manufacture the control technology, and held a 

meeting with all parties present – the owners, the vendors, and also the 

maintenance personnel. Based on those meetings, staff conducted an analysis on 

the economical feasibility of this Rule. He noted staff also took a closer look at the 

health effects, which was part of the direction by the Board and attempted to collect 

data from existing facilities. Mr. Sadredin then introduced Scott Nester, Planning 

Director who gave the presentation. 

Mr. Nester noted since June, better information on the control costs has been 

obtained from vendors, and now the cost effectiveness, the cost to control PM 2.5 

emissions, is estimated to be $58,000 per ton. That is significantly higher than the 

previous estimate and what we considered before for controls on this scale of an 

operation. He stated staff found the capital cost for the equipment and installation 

costs from about $37,000 to over $100,000, and that is a one time cost; the annual 

operating and maintenance cost is about $26,000 per year. Looking at the 

profitability of the restaurants that would be affected by this, it could be as much as 

20 to 30 percent of their net profits, which is significant. He noted the District uses a 

bench mark of about 10 percent of net profit to indicate a significant impact and then 

does more analysis to see how to mitigate those kinds of impacts. 

Mr. Nester also noted that most existing controls for under-fire charbroilers appear to 

be in response to special circumstances or are high end operations, like the Disney 

Concert Hall in downtown Los Angeles, which does have controls on their 

charbroiler operations, and also Aspen, Colorado, an upscale community, has an 

ordinance that requires restaurants be equipped with the controls. He noted staff 

was not able to find field data on the actual installations; it appears the restaurant 

owners are unwilling to share operational data with the District, and some 

installations are relatively new. He noted staff also needs to double check the 

information the vendors gave to the District as cost information, as well as the 

practicality and the durability of the equipment. 
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August 20, 2009 

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Mr. Nester stated staff concluded from this latest round of data gathering that control 

technology is promising, but more information is needed before recommending 

mandatory controls on under-fire charbroilers on a large scale. He noted staff 

recommends using incentive grant funding to help develop and implement control 

technology. The funding could come from ISR mitigation fees, and he stated staff is 

recommending about $500,000 in funding, which would cover about 10 units for a 

pilot program for incentives. 

Mr. Sadredin stated that these recommendations present a significant change to the 

Rule as it was presented in the June meeting. If the Board is willing to consider 

these changes, the Board cannot act on them today; as State law requires that when 

significant changes are made to a version of a rule, action must be delayed until the 

next scheduled hearing, in September. Mr. Sadredin recommended to the Board to 

consider dropping previously proposed particulate controls and the associated 

administrative requirements for under-fired charbroilers. He suggested directing 

staff to assess the feasibility and scope of an incentive grant program to advance 

technology and availability of particulate controls for under-fired charbroilers. He 

also suggested directing staff to further investigate economic feasibility and 

availability of particulate controls for under-fired charbroilers and present an 

assessment to the governing Board during the first quarter of 2011, including a 

recommendation on the need for further rulemaking for under-fired charbroilers. In 

addition, Mr. Sadredin recommended setting September 17, 2009 for the Public 

Hearing to consider adoption of revised proposed amendments to Rule 4692 

(Commercial Charbroiling) and the incentive grant program for under-fired 

charbroilers. 

Dr. Forman reiterated there are two important issues. One, as he suspected, this is 

not only a high percentage of PM 2.5, but it has some of the worst compounds in it – 

the PAHs; and two, that this would be very expensive to do. Supervisor Watson 

stated that he agreed with the recommendation as well. He stated he thinks a lot of 

the people who will be impacted by this are definitely small business people. He 

also stated that there is a very high turn-over rate and a high failure rate in the 

restaurant industry; therefore, the idea to pursue incentives and some kind of pilot 

projects, in order to determine what will work, is a good idea. 

Public Comment – The following persons provided testimony on this item: 

• Laura Fultz-Stout, Coalition for Clean Air

• Amalia Chamorro, California Restaurant Association

• Terry Maxwell
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Moved: Worthley

Seconded: Barba 

Ayes: Case, Worthley, Barba, Forman 

Ornellas, Nelson, Watson, Vierra 

Nays: None 

 Abstain: O’Brien 

Motion carried 8-0 with one abstention to continue the Public Hearing for 

Amendments to Rule 4692 (Commercial Charbroiling). 

10. VOLUNTARY AIR QUALITY ADVISORY PROGRAM FOR SAN JOAQUIN VALLEY 

SCHOOL DISTRICTS – Mr. Sadredin explained the purpose of this item is to get the 

Board’s permission to begin a process of working with school districts and other 

stakeholders to develop a more flexible and effective system of dealing with student 

activities in relation to air quality. To insure protection of student health and to build 

on the existing Air Quality Flag Program, the District is developing new, voluntary 

activity guidelines that will offer Valley school districts added tools and flexibility in 

protecting student health. A key element in this program will be easy and quick 

access to real-time air-quality data from monitors near schools. This will provide 

school personnel with the short-term ability to avoid periods of high ozone or PM 2.5, 

or to make longer-term changes in event scheduling. The ability to access real-time 

air quality data will also be helpful in verifying the accuracy of the District’s air quality 

forecast in the face of unanticipated weather patterns or exceptional events such as 

wildfires. 

Public Comment – The following persons provided testimony on this item: 

• Mary-Michal Rawling, Merced-Mariposa Asthma Coalition

• Melissa Kelly-Ortega, Merced-Mariposa Asthma Coalition

Moved: Watson

Seconded: Case 

Ayes: Forman, Case, O’Brien, Ornellas, Worthley 

Barba, Watson, Nelson, Vierra 

Nays: None 

Motion passes unanimously to approve a voluntary air quality advisory 

program for San Joaquin Valley School Districts. 

11. APPROVE AGREEMENT WITH SAN JOAQUIN VALLEY CLEAN ENERGY 

ORGANIZATION IN THE AMOUNT OF $19,100 TO DEVELOP REGIONAL SMALL 

JURISDICTION ENERGY EFFICIENCY PROGRAM – Mr. Sadredin presented this 

item regarding a $19,100 agreement with the San Joaquin Valley Clean Energy 

Organization to develop a program, in partnership with the District, to help small, 

local jurisdictions apply for block grants that are available through the 2009 

American Recovery and Reinvestment Act. The California Energy Commission is 

disbursing grant funds for the cost effective energy efficiency projects and programs. 
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ACTION SUMMARY MINUTES 

August 20, 2009 

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Mr. Sadredin recommended approval of the contract with the San Joaquin Valley 

Clean Energy Organization. He also explained that this falls in line with the fast 

track measures as a non-traditional way to get more reductions in emissions. 

Public Comment – The following persons provided testimony on this item: 

• Colby Morrow, Southern California Gas Company 

Moved: Worthley

Seconded: Watson 

Ayes: Worthley, Forman, Case, Barba, O’Brien 

Ornellas, Nelson, Watson, Vierra 

Nays: None 

Motion unanimously carried to approve agreement with San Joaquin Valley 

Clean Energy Organization in the amount of $19,100 to develop regional small 

jurisdiction energy efficiency program. 

12. APPROPRIATE $1,346,000 IN UNANTICIPATED REVENUE FROM THE CARL 

MOYER MEMORIAL AIR QUALITY STANDARDS ATTAINMENT PROGRAM 

MULTI-DISTRICT SOLICITATION – Mr. Sadredin suggested this item and item 13 

be reviewed and discussed together because they are similar in nature. This was 

approved by the Chair. Mr. Sadredin explained that these are two relatively small 

grants in terms of projects that the Air District has applied for and received. 

The Carl Moyer Voucher Incentive Program (VIP) is a pilot program that offers 

owners of heavy-duty fleets of three or fewer trucks up to $35,000 towards the 

purchase of a new truck. The voucher concept is a streamlined approach that the 

California Air Resources Board hopes to introduce in other regions. The Valley Air 

District is the first and currently only air district in the State operating the VIP. 

Public Comment – None 

Moved: Worthley

Seconded: Barba 

Ayes: O’Brien, Ornellas, Nelson, Watson, Case 

Worthley, Barba, Forman, Vierra 

Nays: None 

Motion unanimously carried to appropriate $1,346,000 in unanticipated 

revenue from the Carl Moyer Memorial Air Quality Standards Attainment 

Program Multi-District Solicitation 

13. APPROPRIATE $300,000 IN UNANTICIPATED GRANT FUNDS FROM THE US 

EPA TO FUND HYBRID HYDRAULIC DEMONSTRATION PROJECT – Mr. 

Sadredin explained that this is a federal government grant, from EPA, funding a 

hybrid hydraulic demonstration project. The District plans to purchase two hybrid 
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hydraulic delivery vehicles that will be operated in the San Joaquin Valley as a 

technology demonstration project. This technology improves fuel efficiency and 

decreases emissions by replacing a conventional transmission with a hydraulic drive 

train. 

Public Comment – None 

Moved: Worthley

Seconded: Barba 

Ayes: O’Brien, Ornellas, Nelson, Watson, Worthley 

Case, Barba, Forman, Vierra 

Nays: 

Motion unanimously carried to appropriate $300,000 in unanticipated grant 

funds from EPA to fund Hybrid Hydraulic Demonstration Project.

14. APPROVE AGREEMENT WITH WOODHAMS CONSTRUCTION, INC. IN THE 

AMOUNT OF $350,495 AND APPROVE AMENDMENT TO AGREEMENT WITH 

MARKS BLOXOM ARCHITECTS, INC. IN THE AMOUNT OF $4,000 FOR THE 

WAREHOUSE CONVERSION PROJECT IN THE CENTRAL REGION OFFICE –

Roger McCoy, Director of Administrative Services, gave the presentation on this 

item which asks the Board to approve and authorize the Chair to sign an agreement 

with Woodhams Construction, Inc. in the amount of $350,495 for the conversion of 

warehouse space into office space in the Central Region Office. The agreement has 

a provision allowing the Executive Director/APCO to increase compensation by 

approximately 10% to a maximum of $386,000, to allow for contingencies 

encountered during the course of the project. In addition, this item asks the Board to 

approve and authorize the Chair to sign an agreement with Marks Bloxom 

Architects, Inc. which increases the maximum compensation by $4,000 to allow for 

modification of the drawings to reflect the reduced scope of the project. 

Public Comment – None 

Moved: Watson

Seconded: Barba 

Ayes: Case, Ornellas, O’Brien, Forman, Nelson 

Watson, Barba, Worthley, Vierra 

Nays: None 

Motion unanimously carried to approve agreement with Woodhams 

Construction, Inc. in the amount of $350,495 and approve amendment to 

agreement with Marks Bloxom Architects, Inc. in the amount of $4,000 for the 

Warehouse Conversion Project in the Central Region Office. 
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15. ADVOCATE FOR THE INCLUSION OF FOREST MATERIALS REMOVED FROM 

NATIONAL MONUMENTS UNDER THE DEFINITION OF RENEWABLE BIOMASS 

IN HR 2454: AMERICAN CLEAN ENERGY AND SECURITY ACT OF 2009 - Mr. 

Sadredin stated that the issue of wildfires has been brought before the Board a 

number of times, and the Board has acknowledge that wild fires, if not the top public 

health determent from an air quality standpoint, it is one of the top concerns in this 

area. He stated that we have been working with the Federal and State land 

managers and fire agencies to see what we can do to minimize wildfires or handle 

them in a more public health protective fashion. He noted the Governing Board, 

using our legislative platform, adopted a multifaceted approach, aimed at decreasing 

the build up of fuel (biomass) in the forests. Mr. Sadredin recommended to the 

Board that a letter be sent to ask that biomass removed from national monuments 

be identified as meeting the definition of renewable biomass in HR 2454 (WaxmanMarkey) so that environmentally sound measures for preventing wildfires are not 

discouraged. 

Supervisor Worthley expressed that he would strongly support this idea. Supervisor 

Case stated she absolutely concurs, it puts people at risk for air pollution and puts 

the forests at risk because of the damage of the huge fires. 

Public Comment – None 

Moved: Worthley

Seconded: Barba 

Ayes: Forman, Case, O’Brien, Ornellas, Worthley 

Barba, Watson, Nelson, Vierra 

Nays: None 

Motion unanimously carried to advocate for the inclusion of forest materials 

removed from National Monuments under the definition of renewable biomass 

in HR 2454: American Clean Energy and Security Act of 2009. 

16. EXECUTIVE DIRECTOR/APCO COMMENTS - Mr. Sadredin noted we are having 

one of the cleanest summers, air quality-wise in the Valley both for ozone and 

particulate matter. He noted the District’s Annual Report to the Community, which 

will be brought before the Board in September, will capture both the air quality trend 

and the progress being made by the District. He also stated the Arvin monitoring 

station, which is owned and operated by the Air Resources Board, is being evicted 

from its current location by the Arvin Edison Water District. He asked for assistance 

from Supervisor Watson in getting more time to move the monitoring station. Mr. 

Sadredin also noted that Supervisor O’Brien has asked for District Staff to meet with 

Stanislaus County staff on Rule 9410, Employer-Based Trip Reduction Rule. He 

asked for all other city or county staff to contact the District to arrange for similar 

meetings. 
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17. GOVERNING BOARD MEMBER COMMENTS - Supervisor Nelson commented on 

the earlier discussion regarding security, mentioning that during the hearing in June, 

one person, who was here from Merced County because of the restaurant Rule, felt 

he could not fully participate due to the number of signs held by protesters. For the 

future, it should be discussed if signs should be left outside of the Governing Board 

room. 

18. CLOSED SESSION – 

• Conference with Legal Counsel – Existing Litigation (Government Code 

54956.9), Name of Case: Association of Irritated Residents v. District, Fresno 

Superior Court Number 06CECG02302 

• Conference with Legal Counsel – Anticipated Litigation: Initiation of Litigation 

Pursuant to Government Code 54956.9, Two Potential Cases 

Mr. Phil Jay, District Legal Counsel announced following Closed Session that on the 

Association of Irritated Residents Case, the Board voted unanimously not to pursue 

an appeal in the Attorney’s Fee Motion; and, on the other two prospective litigation 

matters, when those matters are filed, District Counsel will disclose the names and 

information on those cases to anyone who inquires. 

ADJOURN 

Meeting adjourned at 1:25 p.m. 

Next scheduled meeting of the Governing Board: Thursday, September 17, 2009. 

Meeting starts at 9:00 a.m., 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.