County board sends another letter to Cal/ OSHA

The Tulare County Board of Supervisors unanimously voted at their meeting on Tuesday to send another letter to Cal/ OSHA concerning the Emergency Temporary Standards the organization has placed when it comes to businesses following COVID-19 guidelines.

It’s the second letter the county is sending to the CAL-OSHA board in the last month. At its November 16 meeting the board voted to send a letter to the CAL-OSHA board concerning the Biden Administration’s requirement employers with 100 or more employees require all their employees be vaccinated or be tested once a week. The CAL-OSHA board was expected to approve a policy similar to that policy at its November 18 meeting since it’s required to have standards that are just as “effective” as federal standards.

But that requirement is still being dealt with in the courts, so the Cal/ OSHA board held off on approving such a policy. The board, though, decided it was still necessary to send a letter to the CAL/OSHA board stating employers shouldn’t be required to follow the Biden administration policy.

Board chairwoman Amy Shuklian voted against sending the letter since the CAL/OSHA board wasn’t going to take action. But supervisor Dennis Townsend, Larry Micari and Pete Vander Poel voted in favor of sending the letter, stating the county couldn’t wait and needed to get out ahead of the issue. Supervisor Eddie Valero abstained.

About that letter, Townsend said, “I thought it was a great letter. It was perfectly worded.”

And the whole board was in favor of sending another letter to the CAL/OSHA board ahead of its meeting on Thursday. The CAL/OSHA board is expected to readopt the Emergency Temporary Standards it has already approved previously twice over the past year. The guidelines would be in place from January 14 through April 14.

In the letter, the board is calling for the CAL/OSHA board not to readopt the Emergency Temporary Standards at all, stating they’re confusing and haven’t kept up with the most recent guidelines. The letter also states whatever standards are adopted should meet the latest Centers for Disease Control and California Department of Public Health standards.

The letter also states any reference to employers having to document vaccination status of employees should be eliminated.

Valero admitted he had mixed feelings when it came to the letter. “I’m stuck between a rock and a hard place,” he said.

While he said it was important for businesses to take as many precautions as possible, he added business continue to be impacted by the pandemic, especially small businesses, and no extra burden should be placed on them, either, but whatever policy is adopted.

The board did take quick action to formally approve the use of federal American Rescue Plan funds the county has received to help small businesses who have paid environmental health fees. The county will use $925,000 of ARP funds to provide refunds to businesses who paid those fees.

Small businesses, especially restaurants, could receive a refund anywhere from $300 to $500, and some businesses could receive a refund as much as more than $1,000.

The board also took quick action to provide $1.5 million in ARP funds to museums, non-profit art organizations, community theaters and community service and memorial districts impacted by the pandemic. The maximum an organization can receive is $20,000.

FRIANT-KERN BRIDGE MEASURE APPROVED

As part of its consent calendar the board approved a categorical exemption to environmental requirements to construct a new bridge over the Friantkern Canal on Avenue 174 northwest of Porterville, which allows the county to advertise the project for construction. The project will cost $3.45 million and the county is eligible for federal funds to fund the project.

County staff has also stated the new bridge is a “vital” part of upcoming repairs to a 33-mile stretch of the Friant-kern Canal from between Lindsay and Strathmore to north Kern County.

APPEAL TO CELL TOWER DENIED

By a 3-2 vote the board denied an appeal against the construction of a 110foot cell tower at 2159 W. North Grand in Porterville, clearing the way for the construction of the cell tower. The cell tower will be constructed about 1,000 feet from Lombardi Elementary School. AT&T is constructing the tower which will look like a pine tree.

The appeal stated a concern with the safety of neighbors and Lombardi students and staff who would be near the cell tower.

Townsend made a motion calling for on-air testing to be done four times in the first year after the construction of the tower. It’s expected the tower would have worst-case scenario emissions that would be .15 percent, far less than 1 percent, of the FCC’S general public exposure limits.

Townsend’s motion stated if the testing showed that standard was being met, then no more testing would be needed. His motion also stated any other provider using the tower would have to go through the same testing requirement.

Micari seconded the motion. But Vander Poel, Valero and Shuklian expressed a concern when it came to placing additional restrictions.

While all those at the meeting acknowledged the sincerity of the concern for safety, it was also noted hundreds of cell towers have been placed in the county.

“This is not unique to Tulare County,” Vander Poel said. “I don’t want to see Tulare County to add conditions to towers to make it more and more difficult.”

Valero agreed, stating “my concern is we’re going to be setting precedent.”

Townsend’s motion failed with Townsend and Micari voting in favor and Vander Poel, Valero and Shuklian voting against.

Another vote was taken to approve the denial of the appeal as recommended by county staff, with Vander Poel, Valero and Shuklian voting in favor and Townsend and Micari voting against.

Townsend also acknowledged the concerns expressed by Vander Poel, Valero and Shuklian. “We really don’t want to put a whole lot of restrictions,” he said.

WORD HONORED

Porterville College Facilities Director John Word, who’s retiring next year, was honored by the county board on Tuesday for his work that enabled a temporary evacuation center to be placed at PC for those affected by the Windy Fire.