March 15, 2010 Board Meeting 

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GREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT 

GOVERNING BOARD MINUTES

May 17, 2010 

(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 May 17, 2010 in the Mono 

County Supervisors Chambers, Mono County Courthouse, Main Street, Bridgeport, California. 

The following Board members were present: Board Chair Tom Sweeney, Alpine County; Board 

member Henry “Skip” Veatch, Alpine County; Board Vice Chair Linda Arcularius, Inyo County; 

Board member Richard Cervantes, Inyo County; Board member D. “Hap” Hazard, Mono 

County and Board Alternate John Eastman, Town of Mammoth Lakes. Board members 

McCarroll and Hunt were absent. GBUAPCD staff present: Ted Schade, Air Pollution Control 

Officer and Tori DeHaven, Board Clerk. Members of the public included Martin Adams, William 

VanWagoner and Eric Rosenblatt of the City of Los Angeles Department of Water and Power; 

Justin Raglin, Lone Pine Paiute Shoshone Indian Tribe and Rosanna Marrujo, Owens Valley 

Indian Water Commission. 

Agenda Item #1 

Call to Order Board Chair Sweeney called to order the regular meeting of the District 

Board at 10:06 a.m. 

Board Member Veatch led the Pledge of Allegiance. 

Agenda Item #2 

Public Comments 

on Matters not on 

the Agenda (No 

Action) 

Agenda Item #3 

Approval of the 

minutes of the 

March 15, 2010 

Governing Board 

meeting 

Board Chair Sweeney opened the public comment period for matters not on 

the agenda at 10:06 am. 

No members of the public offered comments. 

Board Chair Sweeney closed the public comment period for matters not on 

the agenda at 10:06 am. 

Motion (Hazard/Cervantes) approving the minutes of the March 15, 2010

regular meeting of the District Governing Board.

Motion carried 5/0 and so ordered. 

Board member Eastman abstained. 

B/O 100517-03

Agenda Item #4a 

PUBLIC HEARING

– Adoption of orders 

to the City of Los 

Angeles to pay the 

2010-2011 fiscal 

year SB 270 

mitigation fees as 

provided by Section 

42316 of the 

Board Chair Sweeney opened the public hearing at 10:07 am to adopt 

orders to the City of Los Angeles to pay the 2010-2011 fiscal year SB 270 

mitigation fees as provided by Section 42316 of the California Health & 

Safety Code. 

APCO Schade summarized for the Board the facts and figures surrounding 
March 15, 2010 Board Meeting 

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California Health & 

Safety Code the Assessment. He noted that on page 11 of the Board Packet, a three 

year projection had been prepared by staff at the Board’s request. He also 

noted a decrease in staff due to retiring employees. 

Board member Hazard noted that the projection was appreciated as was 

the general effort made by District staff. 

APCO Schade replied that the projections are based on “business as usual” 

scenarios. Things may happen which may cause the budget to fluctuate. 

Board Chair Sweeney called for public testimony at 10:11 am. 

No members of the public offered testimony. 

Board Chair Sweeney closed the public hearing at 10:11 am and returned 

discussion to the Board. 

There was a discussion between Board members and APCO Schade 

regarding retiring District employees and how this will affect the budget. 

Motion (Arcularius/Hazard) to adopt the “Fiscal Year 2010-2011 SB 270 

Assessment Orders to Pay,” for the Regular SB 270 budget.

Motion carried 6/0 and so ordered. 

B/O 100517-4a

Agenda Item #4b 

PUBLIC HEARING

Fiscal Year 2010-11 

Total District Budget 

– Staff report, public 

comments and 

approval of the 

District and SB 270 

sub-budgets 

(Second of two 

required budget 

hearings) 

Board Chair Sweeney opened the public hearing at 10:21 am for the Fiscal 

Year 2010-2011 Total District Budget. 

APCO Schade summarized for the Board, the aspects of the District budget 

and SB270 sub-budgets. He noted that the only “wrinkle” in the District 

budget is that within the Retiree Health Benefits Trust there is $200,000 in 

unfunded liability that staff would like to fully fund in addition to $100,000, 

using money held in reserves. The Board would need to authorize this 

transfer. 

The Board and APCO Schade discussed the budget as well as California 

state financial issues and funding including state subventions. 

Board Chair Sweeney called for public testimony at 10:29 am. 

No members of the public offered testimony. 

Board Chair Sweeney closed the public hearing at 10:29 am and returned 

discussion to the Board. 
March 15, 2010 Board Meeting 

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Motion (Hazard/Cervantes) adopting the total Great Basin Unified Air 

Pollution Control District budget which includes: a) the proposed fiscal year 

2010-2011 District budget; and b) the proposed fiscal year 2010-2011 SB 

270 budget as well as the authorization of the transfer of $300,000 from 

reserves to fully fund the Retiree Health Benefits Trust.

Motion carried 6/0 and so ordered. 

B/O 100517-4b

Agenda Item #4c 

PUBLIC HEARING

Approval of the 

2010 PM10 

Maintenance Plan 

and Redesignation 

Request for the 

Coso Junction 

Planning Area 

(Coso SIP) 

Board Chair Sweeney opened the public hearing at 10:30 am for the 2010 

PM10 Maintenance Plan and Redesignation Request for the Coso Junction 

Planning Area (Coso SIP). 

APCO Schade stated that the Environmental Protection Agency (EPA) is 

under court order to either approve the Coso SIP by July 1, 2010 or 

redesignate the Coso Junction Area as a serious nonattainment area. He 

then went on to summarize for the Board the history of the Coso Junction 

Area’s current designation by the EPA. 

Board Chair Sweeney called for public testimony at 10:34 am. 

No members of the public offered testimony. 

Board Chair Sweeney closed the public hearing at 10:34 am and returned 

discussion to the Board. 

Motion (Cervantes/Arcularius) approving Resolution 2010-01 adopting the 

2010 PM10 Maintenance Plan and Redesignation Request for the Coso 

Junction Planning Area, making findings of fact and authorizing the APCO 

to file a Notice of Exemption from CEQA.

Motion carried 6/0 and so ordered. 

B/O 100517-4c

Agenda Item #5 

Update by the 

APCO on the status 

of the Los Angeles 

Department of 

Water & Power’s 

dust control efforts 

at Owens Lake, 

including the use of 

groundwater 

sources 

APCO Schade recapped for the Board the recent activities on the Owens 

Lake by the Los Angeles Department of Water & Power (the City). Phase 7 

construction was completed by the City on time. There are a few areas that 

aren’t as wet as they need to be but staff is working with them on that. 

Barnard Construction, who is contracted by the City, has been very 

successful and has actually assisted the District with certain construction 

needs including moving equipment. April 1, 2010 was an important day in 

the settlement agreement because there were a lot of things that needed to 

happen in regard to dust control measures. Most got done however, some 

did not. One change that occurred on April 1 is that the District was given 

the ability to issue notices of violation for exceedances of the PM10

standard. The City has never had to pay for any air pollution violations. 

Under the new rules, the District is now allowed and prepared to enforce 
March 15, 2010 Board Meeting 

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the issuance of NOV’s with fines up to $10,000 a day. He then discussed 

the fact that the DWP’s plan for Moat & Row was rejected by the State 

lands Commission and the idea is dead. APCO Schade stated for the 

Board and the members of the public that further discussion between the 

City, Board and District staff regarding the progress at Owens Lake, would 

be summarized in the minutes but not taken verbatim as it had been in the 

previous Board meeting. The Board agreed. 

Discussion than continued with the Board and the general consensus, as 

established in the previous meeting, was that fines should be imposed. The 

City needs to do whatever it takes to get into and remain in compliance by 

the October 1, 2010 deadline as required by the previously issued variance. 

Representatives from the City than offered reassurance as to their progress 

and their efforts to come up with new ideas to replace Moat & Row in the 

hopes of securing a lease from the SLC in time to meet the October 1, 2010 

deadline. They also urged the Board, as in the previous meeting, to not 

impose fines. However, it was the Board’s position that they would back 

whatever decision is made by the Air Pollution Control Officer when it 

comes to Notice of Violations and the issuance of fines. 

Agenda Item #6 

Consent Agenda 

Motion (Eastman/Veatch) approving the consent agenda items a through f 

and h through j as follows:

a) Approval of appropriation changes, carryovers and end-of-year 

transfer authority. 

b) Approval of annual Network Monitoring Plan as required by the U.S. 

EPA. 

c) Approval of budgeted consulting contracts. 

d) Approval of contract employee and janitorial service contracts. 

e) Approval of offices and monitoring site leases. 

f) Approval of contracts with Inyo County for legal and financial 

services and contract with external independent auditor. 

h) Approval of out-of-state travel for the Sr. Systems Research Analyst 

to attend the U.S. EPA Air Quality System training and conference in 

Colorado Springs, CO. 

i) Approval of purchase order with California Survey Drafting 

Supply/Trimble for the purchase of two Global Positioning System units 

and software. ($12,393.20) 

j) Approval of purchase order with the Sensit Company for sand motion 

monitors. ($16,686.50) 

Motion carried 6/0 and so ordered. 

B/O 100517-06

APCO Schade briefed the Board on the attempts to get a new van. 

Although this item was previously approved it was brought back to the 
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Board because it had to be re-bid due to complications. 

Motion (Arcularius/Veatch) approving the consent agenda items g as 

follows:

g) Approval of purchase of a passenger van (re-bid of previously 

awarded vehicle). 

Motion carried 6/0 and so ordered. 

B/O 100517-06g

Agenda Item #7 

Informational items 

(No Action)

Agenda Item #8 

Board member 

reports (No Action)

Agenda Item #9 

Air Pollution Control 

Officer’s Report

Agenda Item #10 

Set date and 

location of next 

regular meeting 

(July, usually in 

Alpine County)

No questions or comments were offered. 

Board member Veatch reported that the Kirkwood powerhouse is going to 

be rebuilt. It will be equipped with new-generation generators that won’t be 

as polluting as the old ones. They are pursuing bringing commercial power 

up Highway 88 from the Salt Springs Reservoir. There’s a good chance that 

this will happen within the next couple years. 

APCO Schade noted that there is contingent in Kirkwood that does not 

want diesel powered generators. They want the District to order Kirkwood 

to use natural gas. However, there a lot of reasons that Kirkwood wouldn’t 

be able to do this and the APCO intends to issue a permit for the requested 

diesel engines. This may cause the contingent to ask for a hearing to 

appeal the issuance of such a permit. The woman heading the contingent 

opinion is looking toward the future of the Kirkwood residents. 

APCO Schade noted that the Expert Panel procedures are over. Staff had a 

booth at the Homeshow recently that went over very well; Board members 

will be provided with bags that were given out at the booth. 

The next regular meeting of the District Board will convene at 10:30 am on 

Wednesday, July 14, 2010 in Markleeville, California. The District’s Board 

Clerk will find and reserve a handicap-accessible meeting room and contact 

District Board members as to its location. 

Agenda Item #11 

CLOSED SESSION

Agenda Item #12 

CLOSED SESSION 

CLOSED SESSION: Evaluation of performance – Section 54957(b)(1) of 

the California Government Code. Employee being evaluated: Air Pollution 

Control Officer. 

Board Chair Sweeney convened the meeting to closed session at 

12:11 pm. 

CLOSED SESSION: Conference with Labor Negotiator – Section 54957.6 
March 15, 2010 Board Meeting 

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of the California Government Code: Changes regarding the salaries, salary 

schedules or compensation paid in the form of fringe benefits. Employee 

organizations: Great Basin Unified Air Pollution Control District 

Management Employees Group, Great Basin Unified Air Pollution Control 

District Non-Management Employees Groups and Air Pollution Control 

Officer. 

Agenda Item #13 

Approval of 

Memorandums of 

Agreement between 

the Great Basin 

Unified APCD 

Governing Board 

and the Great Basin 

Unified APCD NonManagement and 

Management 

Employee Groups 

regarding changes 

in wages and 

benefits 

Board Chair Sweeney reconvened the open session at 1:47 pm. 

The Board came back with nothing to report on item 11. 

Motion (Cervantes/Veatch) approving and authorizing the Board Chair to 

sign a memorandum of agreement with management and non-management 

employees which includes: a 1% increase in salaries from 2009-2010 for 

the 2010-2011 fiscal year with no changes to benefits.

Motion carried 6/0 and so ordered. 

B/O 100517-13

Board member Arcularius asked that staff email a “man-power report” 

specifying classifications and salaries for staff to all the Board members. 

It was also agreed by the Board and APCO Schade that the Air Pollution 

Control Officer’s job performance evaluation and complete report would be 

emailed to the Board as well. 

Agenda Item #14 

Consideration of 

contract amendment 

with the Air Pollution 

control Officer for 

the provision of 

personal services as 

a District officer 

Due to contractual questions, this agenda item will be carried over until the 

July 14, 2010 Governing Board meeting. 

Adjournment The meeting was adjourned at 1:49 p.m. The Board will reconvene in 

open session at 10:30 a.m. on July 14, 2010 in Markleeville, California at a 

location to be determined. 
March 15, 2010 Board Meeting 

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 __________________________ 

Tom Sweeney, Chair 

Attest: 

_______________________ 

Tori DeHaven, Board Clerk