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Health & Human Services Agency Director at County of Tulare, Timothy Lutz, stated after clarifications from the California Department of Health last Friday, that enforcement of the mask-wearing is in the “hands” of local school boards.
A separate public hearing tackled the Subletting and Subcontracting Fair Practices Act violations by the Contractor JT2 in connection with the notice of completion for the Pixley Main Street Improvement Project.
The board unanimously approved the Standard Agreement with the Department of Housing and Community Development to provide affordable housing activities as part of the Permanent Local Housing Allocation Program.
The Tulare County Board of Supervisors, according to its website, sets policy for County departments, oversees the County budget, adopts ordinances on local matters, and establishes land-use policies that affect unincorporated areas of Tulare County.
They respond to the needs of County constituents daily by meeting or discussing issues individually with County community members to help resolve problems and address their concerns.
The meeting is held live on Tuesday, July 13, 2021, at 9:00 am through the county’s YouTube channel.
Tulare County Board of Supervisors Members present:
Larry Micari (District One), Pete Vander Poel (District Two), Amy Shuklian (Chair-District Three), Eddie Valero (Vice Chair-District Four), Dennis Townsend (District Five), Jason T. Britt (County Administrative Officer), Jennifer M. Flores (County Counsel), and Melinda Benton (Chief Clerk).
Ken Horn, Superintendent/Principal of Sequoia Union Elementary School
Timothy Lutz, Health & Human Services Agency Director at County of Tulare
Aaron Bock, Assistant Director, Tulare County Resource Management Agency
Betsy McGovern-Garcia, Director of Real Estate Development, Self Help Enterprises Reed Schenke, Director, Tulare County Resource Management Agency
Jim Todd, President at Todd Group
Gordon Tessman, General Manager at Todd Companies
After the pledge of allegiance and moment of silence, each member of the Board of Supervisors gave updates of their meetings with various organizations such as Habitat For Humanity, local irrigation districts, and school districts.
First, Superintendent and Principal of Sequoia Union Elementary School Ken Horn asked the board to “follow the steps” of the El Dorado Board of Supervisors, which made masks optional for K-12 schools.
After clarifications from the California Department of Health last Friday, Health & Human Services Agency Director at County of Tulare, Timothy Lutz, stated that enforcement of the mask-wearing is in the “hands” of local school boards.
During public comment, parents urged the board to give power to the “local school districts” regarding mask mandates. Andrea Huerta shared how the masks took a toll on her daughter’s anxiety. Next, Ronnie Inod, a Tulare resident, pressed leaders must “stand behind school districts.”
Then, Kelly Neufeld read an email of her daughter, who wrote how the masks caused her “nightmares” and “anxiety” while studying at Sequoia Union Elementary School.
Likewise, Exeter resident Julie Watson and Tulare resident Marilyn Malloy echoed parents’ calls to “bring power back” to local school districts.
The board unanimously approved items #4-28 while mainly discussing the following:
#6. The board appointed Jeffrey Cavagnaro to the Director Seat on the Ponderosa Community Services District for a term ending December 2, 2022.
Scott James, a taxpayer from Springville, expressed concerns about the appointment of Jeffrey Cavagnaro as the Director of Ponderosa Community Services District and urged investigations.
#22. The board approved the Final Map for Phase 3 of Subdivision Tract No. 789, located between Avenue 308 and Avenue 310 east of Road 72, in the community of Goshen. The board approved the agreement with TRD 2 – Goshen Village, LLC., a Delaware limited liability company, to complete all required public improvements for Phase 3 of Subdivision Tract No. 789 for one year after Board approval. Accept the road right of way dedications for Phase 3 of Subdivision Tract No. 789 as shown on the Final Map.
Member Valero asked whether the new development be required to annex into the maintenance district for Peter Malloch Park.
Assistant Director of Tulare County Resource Management Agency Aaron Bock clarified annexations would not be required since the map is final. He added that it is “too late” for impact fees for parks or to add conditions, which needs Proposition 218 vote.
Director of Real Estate Development at Self Help Enterprises Betsy McGovern asked the board to ensure that everybody pays a “fair share” to maintain Peter Malloch Park.
A separate public hearing focused on Consent Agenda #3, which centered on the violations of the Subletting and Subcontracting Fair Practices Act by the Contractor JT2 Inc. doing business as Todd Companies, connected with the notice of completion for the Pixley Main Street Improvement Project.
The Tulare County Resource Management Agency Director, Reed Schenke, concluded the project was completed “on time” on July 31, 2020, and “under budget” of $ 1,200,971.52.
Due to the complexity of the project, the County enlisted VSCE Inc. as a third-party contractor. Unforeseen circumstances resulted in 5 change orders totaling $12,163.63 to the contractor.
The use of an unlisted contractor such as Don Berry Construction followed an assessed penalty of $3,480.20 based on the Subletting and Subcontracting Fair Practices Act.
The Subletting and Subcontracting Fair Practices Act prohibits unlisted contractors from being paid more than the $10,000 bid threshold. The staff has not received documentation of the payment of JT2 Inc. to Don Berry Construction.
VSCE Inc. and Caltrans Local Assistance said future funding would be affected if the penalty will be waived or lowered.
General Manager at Todd Companies Gordon Tessman and President at Todd Group Jim Todd characterized the penalty calculations as “incorrect” and “unfair.”
According to Member Micari, the County has not received a “complete” record of payment from Todd Company. Member Shuklian asked Todd Company to provide documentation for the next meeting.
The board unanimously approved to continue the public hearing for Consent Agenda #3 for the next meeting.
#29. With the request from the Resource Management Agency, the board unanimously approved the Standard Agreement with the Department of Housing and Community Development to provide affordable housing activities as part of the Permanent Local Housing Allocation (PLHA) Program, in an amount not to exceed $3,501,506, effective upon Department of Housing and Community Development approval through June 30, 2030.
Assistant Director of Tulare County Resource Management Agency Aaron Bock stressed funds for the standard agreement for Lofts at Fort Visalia and Goshen Village East.
The Lofts at Fort Visalia is an 80-unit apartment with 3 stories. The complex has 29 zero-bedroom loft units, 28 one-bedroom units, and 23 two-bedroom. Besides, the Lofts has 4,078 square feet of commercial uses, including office and gallery space.
Regarding Goshen Village East, PLHA funds will be spent for backbone construction and funding 89-unit family units.
#30. Board members may make a referral to staff to have a matter of business be considered for a future agenda (Gov. Code, sec. 54954.2, subd. (a)(3)).
Member Vander Poel and Micari requested staff to work on a resolution for local school districts to have the authority with COVID-19 rules during the fall.
Afterward, the closed session centered on the following items A and C through F. Due to conflict of interest, Member Shuklian did not attend the closed session for Item F.
Item A Conference With Legal Counsel – Anticipated Litigation
Significant Exposure to Litigation (Government Code Section 54956.9(d)(2))
Number of Potential Cases: 1
See today’s Public Hearing Item regarding the Notice of Completion for the Pixley Main Street Improvement Project.
Item C Conference With Legal Counsel – Initiation Of Litigation
(Government Code Section 54956.9(d)(4))
Number of Potential Cases: 1
Item D Conference With Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of Case: Marvin Clark v. County of Tulare Workers’ Compensation Appeals Board Nos.: ADJ1073556, ADJ1284682, ADJ1635524, ADJ1913321, ADJ2852322
Item E Conference With Labor Negotiators (Government Code Section 54957.6) – – Agency Designated Representatives: Jason T. Britt and Shelline K. Bennett
Employee Organizations: All Certified Employee Organizations
Unrepresented Employees: All Unrepresented Employees.
In Item F, the board sat as the Tulare County InHome Support Services Public Authority.
Item F Conference With Labor Negotiators (Government Code Section 54957.6)
Agency Designated Representative: Jason T. Britt and Shelline K. Bennett Employee Organization: SEIU, Local 201
The meeting lasted until 11:45 am. The next board meeting will be on Tuesday, July 20, 2021, at 9:00 am through Zoom.
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