Approval of the April 13, 2016 Regular Governing Board Meeting Minutes (Action) 

May 16, 2016 – Agenda Item No. 5a – Page 1 

GREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT

157 Short Street, Bishop, California 93514-3537 

Tel: 760-872-8211 Fax: 760-872-6109

BOARD REPORT

Mtg. Date: May 16, 2016 

To: District Governing Board 

From: Tori DeHaven, Clerk of the Board 

Subject: Approval of minutes of the April 13, 2016 Governing Board Regular Meeting 

Summary: Attached for the Board’s approval are the minutes from the April 13, 2016 regular 

meeting held in Keeler, California. 

 

BOARD ACTION: Staff recommends that the Board review and approve the minutes from the 

April 13, 2016 meeting.

Attachment: April 13, 2016 minutes 

   

   

Phillip L. Kiddoo 

Air Pollution Control Officer 
April 13, 2016 Regular Board Meeting 

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GREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT 

GOVERNING BOARD MINUTES 

April 13, 2016 

(All Meetings Are Mechanically Recorded)

The Great Basin Unified Air Pollution Control District Governing Board of the Counties of Alpine, Inyo 

and Mono, State of California met at 10:00 am on April 13, 2016 at the City of Los Angeles Department 

of Water and Power Administrative Building, Training Room 134A, 111 Sulfate Road, Keeler, 

California 93530. 

The following Board members were present: Board Chair Matt Kingsley, Inyo County; Board member 

Jeff Griffiths, Inyo County; Board Member Fred Stump Mono County; Board Member Ron Hames, 

Alpine County; and Board Member Mary Rawson, Alpine County. Board member Johnston, Mono 

County and Board member Bacon, Town of Mammoth Lakes were both absent. 

GBUAPCD staff present: Phill Kiddoo, Air Pollution Control Officer; Duane Ono, Deputy Air Pollution 

Control Officer; Nik Barbieri, Director of Technical Services; Jamie Johnson, Field Services Technician 

II; Sondra Grim, Field Services Technician II; Steve Mobley, Air Monitoring Technician II; Jan 

Sudomier, Air Quality Specialist II; Chris Lanane, Air Monitoring Specialist; Chris Howard, Senior 

Research & Systems Analyst; Kim Mitchell, Research & Systems Analyst II; and Tori DeHaven, Clerk 

of the Board. 

Agenda Item #1 

Call to Order 

Pledge of Allegiance 

Board Chair Kingsley called to order the regular meeting of the Governing Board 

at 10:06 a.m. 

Mr. Richard Harasick then led the Pledge of Allegiance. 

Agenda Item #2 

Public Comment on 

Matters not on the 

Agenda 

(No Action) 

Board Chair Kingsley asked for public comment on items not on the agenda at 

10:07 am. 

No public comment was offered. 

Agenda Item #3 

Election of 

Governing Chair and 

Vice Chair for 2016 

(Action) 

The Board chose to hold the election of Chair and Vice Chair for 2016 at the next 

regular meeting due to the absences of Board members Johnston and Bacon. 

Agenda Item #4 

PUBLIC HEARING 

Staff Report and 

Public Comments on 

the Draft District and 

SB 270 Sub-budgets 

(No Action – First of 

Two Required 

Budget Hearings) 

Board Chair Kingsley opened the public hearing at 10:09 am. He noted that this is 

the first of two required hearings. 

APCO Kiddoo went on to summarize the budgets and sub budgets for FY 2016-

2017. He noted that the District budget is down about 24% from the previous year 

which is mainly due to a reduction in employee costs. He also explained that the 

District has adopted a side-fund payoff and a prefunding of a pension trust which 
April 13, 2016 Regular Board Meeting 

Page 2 of 8	 	 																	

will be saving the District costs for employees. APCO Kiddoo then said that the 

SB 270 portion of the budget is 19.6% less. One item that has contributed to the 

decrease is the District’s decision not to fund a contract position for an Air 

Monitoring Technician that was funded last year. This position was requested due 

to the increase in work-load from the 2014 Stipulated Judgment and the potentially 

air quality monitoring duties that would need to be done. The City is taking over 

on those air quality monitoring duties so staff does not need an Air Monitoring 

Tech. The District is keeping the Field Services Technician position which is a 

contract position at this time which was added last year. APCO Kiddoo then 

advised the Board the total for the District budget is $887,000 and the SB 270 total 

is $4,613,000 with a combined total of $5,500,000. 

Discussion between the Board and staff occurred. There were no recommended 

changes to the District or SB 270 budgets from the Board. The Board will consider 

adopting the final budgets for FY 2016-2017 at the next regular meeting scheduled 

for May, following a second public hearing. 

The Board Chair asked for public comment at 10:16 am but no comment was 

offered. 

Agenda Item #5 

PUBLIC HEARING 

Adoption and 

Approval of (1) A 

Proposed Order 

Authorized by 

California Health & 

Safety Code Section 

42316 for the City of 

Los Angeles 

Department of Water 

& Power to Install, 

Operate and 

Maintain Additional 

Dust Control 

Measures on the 

Owens Lake Bed, (2) 

A Proposed Great 

Basin Unified Air 

Pollution Control 

District Rule 433 – 

Control of 

Particulate 

Emissions at Owens 

Lake, and (3) a 

Proposed Final 2016 

Revision to the 

Previously-adopted 

Owens Valley PM10 

Planning Area 

Demonstration of 

Attainment State 

Implementation Plan 

(Action) 

Board Chair Kingsley opened the public hearing at 10:16 am. 

APCO Kiddoo explained that the Board actions referred to today on agenda item 

number 5 are as follows: the proposed Rule, the proposed board order which is 

authorized by California Health and Safety Code 42316, and the proposed 2016 

Owens Valley Planning Area PM10 non-attainment State Implementation Plan. He 

then gave a brief historical recap beginning with the early inhabitants of the 

surrounding area of Owens Lake and ending with the present day dust mitigation 

activities and various legal agreements between the City and the District. He also 

noted that there were two sets of comments received from the public; one from the 

Lone Pine Paiute Shoshone Reservation and one from the City. All comments 

were responded to by staff. APCO Kiddoo then provided the Board with a 

synopsis of the changes made to the SIP as outlined in the Board Packet. 

Board Chair Kingsley asked for public comment at 10:35 am. 

Mr. Richard Harasick, City of Los Angeles Department of Water and Power, 

commented that the current agreement allows the City to save water and money 

controlling dust on Owens Lake and allows a certainty that they were looking for, 

for so many years, on an area that they are responsible for controlling. He added 

that the successes achieved at controlling dust at Owens Lake have come at a real 

cost both in water and money and currently the City uses about twenty-five billion 

gallons of water annually and has spent over $1.3 million since 2000 to control 

dust on Owens Lake. The agreement allows the City to use waterless dust control 

methods including tillage at Owens Lake resulting in a significant savings in water 

and money for Los Angeles. He also went on to summarize the various aspects of 

the current settlement agreement. 
April 13, 2016 Regular Board Meeting 

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Mr. Mike Prather noted that there should be two corrections to the Audubon data 

in the SIP specifically to the date in which Owens Lake was designated an 

Audubon important bird area (states 1997 should state 2001) and to the bird count 

total for April 2013 (should be 114,999). He also thanked staff and the Board for 

such a great deal of work and dedication and time on reaching this settlement. He 

thanked the City for doing the same thing. He then mentioned that in two weeks 

the 2nd annual Bird Festival would be occurring. 

Mr. Ted Schade explained that he had carefully reviewed the SIP that was put 

together by District staff and most importantly reviewed the proposed Order to the 

City. He indicated that his interest was that all the provisions of the Stipulated 

Judgment, the agreement between the City and the District, be incorporated into 

the SIP and the Order. Secondly, that nothing that was adopted before in the 2008 

and previous SIPs were lost in the transition to this and he can say that Phill and 

his staff did a wonderful job. He noted that he found nothing that was missing. He 

encouraged the Board on behalf of the air-breathing public to adopt the proposed 

Order, Rule and SIP. Mr. Schade then went on to thank those who had come 

before and had originally began all of these efforts. He included Ms. Ellen 

Hardebeck, former APCO for the District; Judge Brian Lamb, former legal 

counsel for the District; Ms. Mary Nichols, CARB Chairwoman; and Mr. David 

Nawi who provided mediation services during the legal battles for the District and 

the City. 

Motion (Rawson/Hames) approving item #5 as follows: 

1) Consider the Staff Report and all written comments and responses to the draft (1) Board 

Order #160413-01, (2) Rule 433 – Control of Particulate Emissions at Owens Lake, and (3) 

2016 SIP. 

2) Conduct the Public Hearing on (1) a proposed order authorized by California Health & 

Safety Code Section 42316 for the City of Los Angeles to install, operate and maintain 

additional dust control measures on the Owens Lake bed, (2) a proposed Great Basin 

Unified Air Pollution Control District Rule 433 - Control of Particulate Emissions at Owens 

Lake, and (3) a proposed final 2016 revision to the previously-adopted Owens Valley PM10 

Planning Area Demonstration of Attainment State Implementation Plan (collectively 

“Board Actions”) and consider the comments and other matters submitted to the Board 

during that hearing, and staff responses. 

3) Make changes the Board considers necessary. The Board directed the Air Pollution Control 

Officer to make changes in Section 2.2.1.3 of the 2016 SIP as follows: 

 a. Change IBA designation from 1997 to 2001 

 b. Add this sentence immediately prior: “In fact, 114,999 birds were tallied on a single 

 day in April 2013” 

4) Direct Air Pollution Control Officer to incorporate changes to proposed Board Actions. 

5) Adopt attached Resolution No. 2016-02 making and adopting responsible agency findings 

pursuant to the California Environment Quality Act for (1) proposed order #160413-01 

under the provisions of California Health & Safety Code Section 42316, (2) proposed 

District Rule 433 for the Control of Particulate Emissions at Owens Lake, (3) proposed final 
April 13, 2016 Regular Board Meeting 

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revision to the 2016 Owens Valley PM10 Planning Area Demonstration of Attainment State 

Implementation Plan, and authorize the Air Pollution Control Officer to sign the Notices of 

Determination. 

6) Adopt attached Resolution No. 2016-03 adopting and issuing (1) Board Order #160413-01 

under the provisions of California Health & Safety Code Section 42316, (2) District Rule 

433 for the Control of Particulate Emissions at Owens Lake, (3) Final 2016 Revision to the 

Owens Valley PM10 Planning Area Demonstration of Attainment State Implementation 

Plan, and making findings of fact. 

7) Direct Air Pollution Control Officer to forward (1) Board Order #160413-01, (2) Rule 433 

– Control of Particulate Emissions at Owens Lake, (3) 2016 SIP, (4) Resolutions 2016-02, 

and (5) Resolution 2016-03 to the California Air Resources Board for approval and 

forwarding to the U.S Environmental Protection Agency for final approval, and to 

promptly file a Notice of Determination regarding these actions with the State 

Clearinghouse. 

Ayes: Kingsley, Stump, Rawson, Hames, Griffiths 

Noes: 0 

Abstain: 0 

Absent: Johnston, Bacon 

Motion carried 5/0 and so ordered. 

B/O 160413-05 

Agenda Item #6 

Consent Items 

(Action) 

Motion (Rawson/Hames) approving consent agenda items a through e and g 

through h as follows: 

a. Approval of February 1, 2016 Governing Board meeting minutes 

b. Approve Reallocation Request of Environmental Public Benefit Funds from Alpine and 

Inyo Counties 

c. Consider appointing one person to the District Hearing Board 

d. Approval of a letter of agreement with the San Joaquin Valley Air Pollution Control 

District to participate in the Carl Moyer Air Quality Standards Attainment Program, 

accept program funds and agree to follow the requirements of the program 

e. Approve request for out-of-state travel for one staff member to Salt Lake City, Utah to 

attend the Great Salt Lake Issues Forum estimated total cost of $763 

g. Approve purchase order with Sensit Company in the amount of $25,557.20 for the 

purchase of Sensit sand motion monitors 

h. Waiver of District Rule 1102 annual $0.55 per capita town and counties assessment 

fee for fiscal year 2016-2017 

Ayes: Kingsley, Stump, Rawson, Hames, Griffiths 

Noes: 0 

Abstain: 0 

Absent: Johnston, Bacon 
April 13, 2016 Regular Board Meeting 

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Motion carried 5/0 and so ordered. 

B/O 160413-06 

Board Chair Kingsley asked for public comment at 10:56 am as there had been 

interest to do so, indicated previously. 

Public comment focused around various issues and concerns that the citizens of 

the community of Keeler had in regards to the Keeler Dunes Dust Control Project. 

Comments can be summarized as follows: 

 The project is esthetically unappealing. 

 Citizens no longer feel comfortable recreating on the Dunes (including dog 

walking activities) due to the “lumpy” atmosphere due to sand covered 

straw bales. 

 Cactus collection of one citizen have been tragically reduced by fiftypercent due to powdery mildew invasion which she relates to an unusable 

portion of bales that were dumped in town. Has spent thousands of dollars 

trying to save her collection. 

 Bales dumped in town need to be removed. 

 Dunes seem to be moving at a greater rate. 

 Allergies, mice and mold have increased; hadn’t been a problem in the 

past. 

 Personal crops have been decimated. 

 Project needs to be re-addressed. 

 Also, a recent issue, Keeler community was left without water during the 

previous weekend as their community water pump was overworked due to 

mishandling by whoever had used it during the week to water plants. A 

valve was shut off and caused a lot of back pressure. 

APCO Kiddoo addressed the issue of bales being utilized from the project site 

itself by the community members. He indicated that to his knowledge the 

utilization was unauthorized and done so without permission therefore the District 

or any other agencies working on the project itself are not responsible for 

placement of the bales within the community. 

Board Chair Kingsley asked if any of the bales had been unusable. 

APCO Kiddoo noted that there had been unusable bales and the District had 

refused delivery on at least 20,000 bales due to mildew; these are not the type of 

bales staff was looking to use. 

The residents responded that the bales were dumped directly off a delivery truck in 

town and the “word was out, if you have a use for those bales use them.” No one 

took them from the project. 
April 13, 2016 Regular Board Meeting 

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APCO Kiddoo noted that he would look into the bale dumping in the town of 

Keeler and if the District is responsible he will make sure he will make sure staff 

comes and cleans them up. He also asked for the specific date of when the 

community was without water. 

Board Chair Kingsley asked that the APCO address the issues with the community 

of Keeler. 

APCO Kiddoo explained that although progress may not be easily seen now, with 

time the project will be successful and will provide a reduction in emissions. 

Some discussion between staff and the residents of Keeler occurred. The Board 

encouraged staff to work with the community and encouraged the residents to 

come back to the Board if their concerns are not addressed. 

Ms. Kathy Jefferson Bancroft encouraged the Board to come out to the project and 

really see and hear the concerns of the people affected by the project. She added 

that she believes APCO Kiddoo will do what is right as she has always known him 

to be honest. 

Motion (Rawson/Griffiths) approving consent agenda item f as follows: 

f. Keeler Dunes Project Update and approval of Purchase Order 1433 with Greenheart 

Farms Inc. of Arroyo Grande, CA for propagation of plants for the Keeler Dunes Project 

in an amount not to exceed $148,856.40 

Ayes: Kingsley, Stump, Rawson, Hames, Griffiths 

Noes: 0 

Abstain: 0 

Absent: Johnston, Bacon 

Motion carried 5/0 and so ordered. 

B/O 160413-06f 

Agenda Item #7 

Informational Items 

(No Action)

APCO Kiddoo briefly summarized the informational items for the Board. 

Agenda Item #8 

Board Member 

Reports 

(No Action) 

Board member Stump: 

 San Joaquin Valley Air Pollution Control District has offered District staff 

a position on their Prescribed Burning Committee in response to the letter 

that was sent out a year ago. Being able to have a seat at that table and 

have the District’s voice represented will be appreciated by all those 

affected by smoke on the eastside. 

 Board member Johnston would like to know if having an elected official 

attend those meetings would be a possibility as well. 

 Keeler Dunes update should be a regular item on the agenda not a consent 

item. Updates need to be provided on future agendas. 
April 13, 2016 Regular Board Meeting 

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 Mono County has the technology to support teleconference options in 

order to allow people to attend remotely the next meeting without having 

to go all the way to Mono County. Perhaps District staff can look into 

utilizing this technology. 

Board member Griffiths: 

 Voted yes on SIP because it’s the right thing to do. 

 However, spirit of cooperation form the City needs to extend to all other 

areas of air quality including completion of dust mitigation projects. 

 Cooperation also needs to extend to regular dealings with Inyo and Mono 

counties in regards to business and ranch leases, because it’s the right thing 

to do. 

 Reduction in irrigation could result in dust issues. 

 Continue to negotiate in good faith in order to fulfill obligations and avoid 

expensive legal battles. 

Board Chair Kingsley: 

 Confident that City and elected officials are working hard to do what’s best 

for the public. 

 Recognize San Joaquin Prescribed Burning Cooperative’s efforts and 

recognizing the actions they take affect us over here. 

Board member Stump would like a letter thanking San Joaquin approved by the 

Board. Direction given to staff. 

Agenda Item #9 

Air Pollution Control 

Officer Report 

(No Action) 

APCO Kiddoo recognized the retirement of Ms. Shirley Ono, Administrative 

Projects Manager. She has been an integral employee for the District for a number 

of years that cannot be replaced. The District would like to thank her for all she 

has done. He then reported that the District is hosting its annual May Active 

Transportation Bike and Walk Challenge. He then encouraged everyone to 

participate in the competition. 

Agenda Item #10 

Set Date and 

Location of Next 

Regular Meeting 

May in Bridgeport, CA)

The next regular meeting of the District Governing Board will convene at 10:00 

am on May 16, 2016 in Bridgeport, California. The District’s Clerk of the Board 

will find and reserve a handicap accessible meeting room and contact the District 

Board members as to its location. 

Agenda Item #11 

Lunch Provided by 

Great Basin APCD 

(No Action) 

Lunch was provided by the District at 11:41 am. 
April 13, 2016 Regular Board Meeting 

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Agenda Items #12, 

13 & 14 

CLOSED SESSION

The Board convened into closed session at 11:41 am. 

12. CLOSED SESSION – Conference with legal counsel- existing litigation 

City of Los Angeles v. California Air Resources Board et al., Superior 

Court of the State of California, County of Sacramento, Case No. 34-2013-

80001451-CU-WM-GDS (Stipulated Judgment); pursuant to subdivision 

(a) of Section 54956.9 of the California Government Code. 

13. CLOSED SESSION 

a. CLOSED SESSION – The Board will recess into closed 

session for a conference with legal counsel regarding existing 

litigation in the following matter: Russell Covington; Robert 

Moore; Randy Sipes; Randal Sipes, Jr.; Laborers’ International 

Union of North America Local Union No. 783 vs. Great Basin 

Unified Air Pollution Control District; Mono County Superior 

Court, Case No. CV140075; pursuant to subdivision (a) of 

Section 54956.9 of the California Government Code. 

b. Mammoth Community Water District vs. Great Basin Unified 

Air Pollution Control District; Mono County Superior Court, 

Case No. CV140076; pursuant to subdivision (a) of Section 

54956.9 of the California Government Code. 

14. CLOSED SESSION – Conference with labor negotiators – Section 

54957.6 of the California Government Code: Changes regarding the 

salaries, salary schedules or compensation paid in the form of fringe 

benefits. Employee groups: Management Employees and NonManagement Employees. Board-designated representative: Air Pollution 

Control Officer. 

The Board reconvened into open session at 12:53 pm with nothing to report. 

Agenda Item #15 

Field Trip to Owens 

Lake 

(No Action) 

The Board, staff and members of the public left for a tour of Owens Lake at 12:53 

pm. Everyone returned later to adjourn the meeting. 

Adjournment The meeting was adjourned at 3:37 pm. The Board will reconvene in open session 

at 10:00 am, on Monday, May 16, 2016 in Bridgeport, California. 

 ______________________ 

, Board Chair 

Attest: 

_______________________ 

Tori DeHaven, Board Clerk