March 15, 2010 Board Meeting Page 1 of 7 GREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT

GOVERNING BOARD MINUTES

May 17, 2010

(All Meetings Are Mechanically Recorded)

The Great Basin Unified Air Po llution Control District Govern ing 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, M ono County Courthouse, Main Street, Bridgeport, California. The following Board members were present: B oard Chair Tom Sweeney, Alpine County; Board member Henry “Skip” Veatch, Al pine County; Board Vice Chair Li nda Arcularius, Inyo County; Board member Richard Cervantes, Inyo Count y; 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 Rosa nna 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 co mment period for matters not on the agenda at 10:06 am.

No members of the pub lic 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 Sect ion 42316 of the California Health & Safety Code.

APCO Schade summarized for the Board the facts and figures surroundingMarch 15, 2010 Board Meeting Page 2 of 7 California Health & Safety Code the Assessment. He noted that on page 11 of the Board Packet, a three year projection had been pr epared 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 projecti ons are based on “business as usual” scenarios. Things may happen which may cause the budget to fluctuate.

Board Chair Sweeney called for pub lic 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 t he only “wrinkle” in the District budget is that within the Retiree Health Benefits Trust there is $200,000 in unfunded liability that staf f 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 p ublic 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 Page 3 of 7 Motion (Hazard/Cervantes) adopting the total Great Basin Unified Air Pollution Control District budget which in cludes: a) the proposed fiscal year 2010-2011 District budget; and b) the pr oposed fiscal year 2010-2011 SB 270 budget as well as the authorizati on of the transfer of $300,000 from reserves to fully fund the Re tiree 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 Environm ental 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 Boar d the history of the Coso Junction Area’s current designation by the EPA.

Board Chair Sweeney called for p ublic 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) approv ing Resolution 2010-01 adopting the

2010 PM10 Maintenance Plan and Redes ignation 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 t he 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 st aff is working with them on that. Barnard Construction, who is cont racted by the City, has been very successful and has actually assisted t he District with certain construction needs including moving equipment. April 1, 2010 was an important day in the settlement agreement because there we re a lot of things that needed to happen in regard to dust control measur es. Most got done however, some did not. One change that occurred on Apr il 1 is that the District was given the ability to issue notices of vi olation for exceedances of the PM 10 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 enforceMarch 15, 2010 Board Meeting Page 4 of 7 the issuance of NOV’s with fines up to $10,000 a day. He then discussed the fact that the DWP’s plan for M oat & 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 meeti ng. The Board agreed.

Discussion than continued with the B oard 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 offe red reassurance as to their progress and their efforts to come up with new id eas 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 B oard’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 Moni toring Plan as required by the U.S.

EPA. c) Approval of budgeted consulting contracts. d) Approval of contract employ ee 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 ex ternal 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 wit h 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 t he attempts to get a new van. Although this item was previously approved it was brought back to theMarch 15, 2010 Board Meeting Page 5 of 7 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 pas senger 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 t he 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 cont ingent in Kirkwood that does not want diesel powered generat ors. They want the Dis trict to order Kirkwood to use natural gas. However, there a lo t 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 futu re 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 Distr ict Board will convene at 10:30 am on Wednesday, July 14, 2010 in Markleevil le, California. The District’s Board Clerk will find and reserve a handicap-a ccessible 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. Em ployee 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 54957.6March 15, 2010 Board Meeting Page 6 of 7 of the California Government Code: C hanges regarding the salaries, salary schedules or compensation paid in the form of fringe benefits. Employee organizations: Great Basin Unifie d Air Pollution Control District Management Employees Group, Great Ba sin 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 t he 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% in crease 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 “ma n-power report” specifying classifications and salaries fo r 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 eval uation 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 adjour ned at 1:49 p.m. The B oard will reconvene in open session at 10:30 a.m. on July 14, 201 0 in Markleeville, California at a

location to be determined.March 15, 2010 Board Meeting Page 7 of 7

__________________________ Tom Sweeney, Chair

Attest:

_______________________ Tori DeHaven, Board Clerk