Board of Supervisors - Regular Meeting

Good morning, everyone. Madam clerk, roll call.

Supervisor Chavez?

Here.

Supervisor Magsik? Here. Supervisor Mendez?

Here.

Supervisor Pacheco? Here. Chairman Bredefill?

Here.

All present, thank you.

Good morning everyone. Welcome to the Tuesday, 03/03/2026 meeting of the Fresno County Board of Supervisors. We'll begin today's meeting with the invocation and a flag salute. The invocation will be led by district three. After the invocation, please remain standing for the flag salute.

Thank you, mister chair. Wanna invite pastor DJ Kreiner. I know you had a little bit of a coming up, but if you could lead us in in prayer. We all waited for you, pastor.

Is it on? Is it on?

It was on. If you touched it, yes, it's

on. We're

good. I'm sorry.

Hands will stay up here as I'm giving my hands a little. But to our our vice chair, our our amazing chair, my brother, my friend, and to my area, of course, my supervisor Pacheco, forgive me for being late. Someone will not move out of the parking space, But I acted like a Christian and I did not do

anything. Okay?

Let us pray. Well, father, it's another day's journey. And, lord, we are grateful that you have us here in the land of the living, which means, father, that there is still work that you have for us to do. And, father, we stand here on this day grateful that it's the day that you have made. And, lord, you have told us that we should rejoice and be glad in everything that you make, today is one of those opportunities for us to rejoice as we are here, father, with our county board of supervisors, with the decisions that they have to make, with the ideas, father god, they have to present, and, father, at times with disagreement from so many others, father, but the approval from heaven is all that matters.

So my prayer today is that you would give them wise counsel, give them wisdom, allow their voices to be exercised, father god, and allow their voices to be heard. Let their tongues be articulate and let everything that they say, father god. Don't be persuasive to appease man but to be wisdom and wise so that it appeases heaven. Lord, shine your light on them, from our chairman to our vice chair, to every individual that sits upon this dais, to every person that is listening and hearing them. My prayer is that they don't hear them, but they hear you. Speak through them in the mighty name of Jesus so that you are approved and once you're approved, heaven will be satisfied so that earth, father, can walk through earth knowing that they have made heaven proud. Let these things be done in your darling son, Jesus' name I pray. Amen.

Amen.

Now let us salute our flag.

I pledge allegiance to the flag of The United States Of America and to the republic for which stands, one nation under God, indivisible, with liberty and justice for all.

Thank you very much, pastor. Agendas are on the back table for anyone wanting to follow along. Madam clerk, the first item,

please.

Item number one, approve agenda.

Any comments from the board?

Motion to approve.

Second.

All those in favor, say aye. Aye. Any opposed? None. Agenda is approved.

We now move to item number two, approve consent agenda item numbers 22 through 45.

Okay. These matters are routine in nature and usually are approved by a single vote. Would any board members like an item removed from consent for discussion? Seeing none, would any members of the public like an item removed from consent for discussion? Nope. Is there a motion and second to approve the rest of the consent?

Motion to approve. Second.

All those in favor, say aye. Aye. It passes unanimously.

Mister chairman, members of the board, item three, the individual called us on Friday and let us know that she would not be present due to undue circumstances. So we now move to item number four under the board of supervisors presentation retirement plaque to Randy Ward, Department of Social Services, thirty two years of service.

Social Services, it is yours. You have the floor.

Good morning, Chairman, members of the board. Sonia Bouguet, Director of Social Services. And with me is Randy Ward and his manager Enoch or his former manager Enoch and deputy, Josh Hernandez from our eligibility branch. But I told them I'm stealing their thunder and doing the presentation myself today. So Randy Ward has been an employee in DSS for over thirty two years.

He retired just recently, which I still don't approve of. But while we talk about community service and county service with staff, Randy has really, really lived that for thirty two years. And while he progressed in our department from eligibility worker to job specialist to a supervisor, What I associate Randy with for probably a dozen years now, maybe more, is being in our lobbies. So if you've ever been to our B1 Lobby, 20,000 people walked through that lobby, all kinds of needs, all kinds of supports and we had few supervisors that are really key leaders in this department. Position not, it's really not about position, it's really about leadership and service and that's what Randy represented.

When Randy braced something up, when it comes to implementation of things and when we were going through Affordable Care Act, I'm like, okay, we got to pay attention because he is going to pay attention to not just how it impacts our staff, how it impacts our county, but how it impacts the people we serve. You have really, really lived that. I've learned a ton from this individual and so has tons of other staff in our department that that really walking the, talking the talk, walking the walk and presenting the service to our clients and also supporting the staff and teaching them better is who Randy's been. So I had to be the one to do this. And I know these guys had a lot more eloquent things to say, but I really wanted you to know that who's walking out from our county is somebody who served our community well, who supported our staff, that taught them well, and who's done above and beyond for a number of years.

So Randy, thank you. I really still miss you and don't approve that you've retired, but congratulations.

And

I appreciate this recognition from the board and you really deserve it.

Thank you.

Any other folks who want to say anything? Randy?

I'd just like to say I'm honored. I'm thankful it's been a long time but it's it's ending been too short, actually, you know. So I appreciate it. Let me get tell you something a little funny this morning. You know, we have what was called muscle memory. I'm used to wearing a suit and tie every day to work to the office when I'm in my closet. I'm ring, watch, badge. My hand literally went to badge. But I just wanna say thank you. It's been a pleasure. There's no better job than service is what we do, servicing our communities and families. So it's been an honor for me and my boss, director here, they are the one that provided all that support that allowed me to be able to do and our team what we need to do each and every day in servicing families. So I just like to say thank you and I'm excited and I'm happy.

Excellent. Any comments from the board?

Just thank you.

Well, a goat went by so fast, you should stay a few more years.

Yeah. Thank you for your service. That's a that's a lot of years that you give to the public, so I appreciate that. Any comments from the public? Alright. Would you come on up and got a plaque and take a photo with the board, please?

We now move to item number five under supervisor Magsiek proclaim March 2026 as Weights and Measures Weeks in the County Of Fresno.

Supervisor Magsiek.

Thank you. And I think we have Melissa Kriegan here and members from her team. And sometimes when we think about the Ag Commissioner, we think about the fact that here in Fresno County, we're the number one agricultural producing county in the world. But what we forget is the Ag Commissioner and her responsibilities go far beyond just dealing with agriculture. And when you think about the importance of weights and measures, think about all of us going to the gas station and making sure that we keep our cars filled with gasoline.

And there are things that need to be done in the Ag Commissioner's office where people in our office guarantee that what is going into our tank truly is a gallon of gas, not 0.95 or not 1.05, but exactly a gallon of gasoline. And so Melissa is here to talk to us a little bit about that, this certificate, this proclamation, and maybe more about what our department does. The floor is yours.

Alright. Good morning Chairman Bredefeld, members of the board. As Supervisor Magsig stated, you all generally know me as the Agricultural Commissioner, but today I'm here as the Sealer of Weights and Measures for Fresno County. With me, I have several members of my department who serve as Weights and Measures officials. So I have my deputy Amanda Zito, our supervisor John Armenino, and two of our ag standards specialists Mitchell Dethridge and Keith Garabini.

I'm stalling because we got a video, we're trying to get logged in. We're new at this. We didn't know we got to do all these things. I want to thank Sonia Dosti and Joshua Dean for helping us produce a short video here about some of the things that our department does. Uh-oh. We might have locked the computer.

We had some changes Friday, so I think it's impacting.

It's alright. We have time.

Well, my thought is can you just do like an interpretive dance of the video that you produced?

Alright, they tested it this morning and it was good. I saw it. I'll go ahead and give a little bit of my words after the video. Each year, the March commemorates the signing of the nation's first weights and measures law by president John Adams on 03/02/1799, an early and enduring commitment to fairness, accuracy, and trust in commerce. Beyond commemorating this historic law, National Weights and Measures Week is also a time to recognize and thank state, county, and local officials.

In Fresno County, our team inspects, tests, and seals nearly 24,000 weighing and measuring devices annually. These efforts are essential for protecting consumers, supporting honest businesses and maintaining a level playing field for everyone participating in the marketplace. I would like to thank the board for acknowledging the vital role that weights and measures play in our community and I'm especially grateful to supervisor Magsig for sponsoring this proclamation.

How's that going with the that doesn't look we'll move forward. Sorry about that. My apologies. Any comments from the board?

I'll just say, you know, that's kind of the a tremendous job they have to do behind the scenes. Nobody really knows much about it. I kind of joked with Melissa a few years ago. I said, Well, what did your family say when they pull up to the gas scene and there's a little sticker there with your name on it?

They still take pictures of it and send it to me. Maybe not weekly anymore. Okay. But I do still get pictures of that. And the amazing part is they do all of this work with a pretty small unit. I think we have five five of you guys that

are Five

staff and a supervisor.

Yeah. Five and a supervisor that that do all of that work. So 24,000 devices, and these range from cattle scales, where we're, you know, booming on thousand pound weights, truck scales that were, you know, driving our our large heavy capacity weight truck across. You know, that obviously the ones that everybody recognizes, the grocery store scales, the gas pumps, know, those sorts of things, but also, hey, are we good to go? I'm going to cut that off then and we're going to cut to video.

This actually shows some of those devices. This Weights and Measures Week, we celebrate the people who keep our marketplace fair. Our county Weights and Measures officials, this year's theme says it best, we measure what matters. Every day, we're out in our community inspecting grocery store scales, testing fuel pumps, checking packaged goods, and verifying price accuracy. When you buy a pound of produce, when you fill up your tank, when a business weighs products for sale, you can trust it's accurate because we made sure of it.

Fresno County Weights and Measures officials protect consumers from short measure and protect honest businesses from unfair competition. We enforce standards to ensure every transaction is fair, accurate, and transparent. Our work strengthens our local economy, builds public confidence, and keeps commerce running smoothly, often without recognition. This Weights and Measures Week, we thank our county Weights and Measures officials because when we measure what matters, we protect what matters most, our community.

Excellent. Thank you. Any comments from the public? Okay. Is there a motion and a second to approve the item?

I'll move for approval. All

those in favor, say aye.

Aye.

Passes unanimously. Would you step forward and receive your proclamation and take a photo? Thank you.

We now move to item number six under general services, approve amendment to the salary resolution adding two heavy duty mechanic positions to the fleet org eight nine one zero effective 03/16/2026 as reflect reflected in appendix c in your board packet and dot budget resolution increasing fiscal year 2526 appropriations and estimated revenues for fleet services org eight nine one zero in the amount of $48,948 to support the addition of two heavy duty mechanics.

Floor is yours. Alright. Good morning, chairman and member of the board. Raymond Hunter, director of general services. In partnership with public works and planning, general services presenting an item today to amend the salary resolution to add two heavy duty mechanic positions to the fleet service division.

The request is driven by the significant amount of overtime currently being used on a daily basis in an effort to reduce equipment downtime. Over the past four years, public works and planning has added a 138 pieces of heavy equipment to its fleet. During the same period, fleet services has not added any additional staff to support the increased workload. At present, the heavy duty shop has 20 public works planning trucks and equipment unit in the shop for active repairs and maintenance with the additional 31 units in the yard awaiting service. This backlog directly impacts operational efficiencies and service delivery.

Approval of the two positions will help reduce overtime costs, improve turnover time, decrease equipment downtime and better align staffing levels with the growth in the fleet assets.

Okay. Any comments from the board? Any comments from the public? Is there a motion and a second?

Approval. Second.

All those in favor, say aye. Aye. Any opposed? Passes unanimously.

Thank you.

We now move to item number seven and public health, conduct first hearing to amend the master schedule fees charged and recover cost ordinance by admitting section 900 environmental health subsections nine zero five through nine sixty two and waive reading the ordinance in its entirety and set the second hearing for 03/17/2026. Designate county council to prepare a fair and adequate summary of the proposed ordinance and direct the clerk of the board to post and publish the required summary in accordance with government code section 25124B1.

The floor is yours, Joe.

Good morning Chairman and fellow Board Members. Joe Prado, Director for the Fresno County Department of Public Health. Before your Board today is a fee schedule for our Environmental Health Division and this division regulates our food facilities, our dairies, our hazardous materials businesses and our solid waste facilities. Your board approved in December 2024 a three year fee scheduled through fiscal year twenty six-twenty seven. Unfortunately, due to a clerical error in the agenda item, the last two years fee schedule was not attached in the ordinance.

But your board during your board presentation, the three year fee schedule was included and all of our outreach materials to all the impacted businesses included a three year fee schedule. So today, we are back before your board to re approve those last two years through fiscal year twenty six-twenty seven and wanted to let you know the department has reviewed its protocols and has made changes to mitigate this issue in the future. I am accompanied by Erica Armstrong, division manager and Kristen Lynch, senior staff analyst for your board if you have any questions in regards to the fee schedule.

Okay. Any comments from the board? Any comments from the public? Is there a motion and a second to approve the item? Is there a second? All those in favor say aye. Aye. Any opposed? Passes unanimously.

We now move to item number eight under public works and planning. Consider appeal of planning commission's dial variance application number 4181 proposing to allow creation of two two point five five acre parcels where 20 acres is required from the existing five point o nine acre parcel located in AL 20 Zone District. If approved, a mapping procedure will follow. And if your board chooses to grant the appeal and overturn planning commission's denial of variance application number four one eight one, it would be appropriate to a, adopt negative declaration prepared for project based on initial study number eight six five eight and b, make required findings specified in section eight six zero point five point zero six zero point d for approval of variance stating the basis for making the four required variance findings and c, approve variance application number four one eight one with conditions of approval and additional conditions of approval as recommended by department staff.

Okay. Yeah. Before we turn it over to public works and planning, do any board members need to report any ex parte communications they've had on this matter?

Mister chairman, I do. I spent time researching this particular issue. I also spoke with the applicant about this particular item just generally going over what they presented to the Planning Commission.

I did talk to the Tim also but was a thirty second conversation And all I told him was I understand the issues. Okay. That was it.

And I received a call from the applicant and I told him that I needed to find out if I could communicate with him, which I then asked our county council who informed me we couldn't and I left him a message that I couldn't communicate with him about the issue. Anything else? Okay. Alright. Public works and

planning. Good morning, mister chairman, members of the board. Tawanda Matunga with the Department of Public Works and Planning. This item comes before comes to your board on appeal of the Planning Commission's denial of variance application number four one eight one at its 08/14/2025 hearing. At its hearing, the commission was unable to make the required findings to support the variance. The project proposes the creation of two two point five five acre parcels from an existing five acre parcel in the AL Zone District. This concludes my presentation unless you have any questions for me at this time.

Does the board have any questions for staff? Yes.

Just a quick question. So when someone files for a variance, there's findings that have to be made and I believe in the research I've done on this particular item, staff was able to find or make findings for one of the four variance proposals, so to speak. So if today at this hearing, if the public is able to make those other three findings and this board agrees with it, we are required to approve the variance. Is that correct? If the findings can be made, is that correct?

The board may approve upon making the findings not required to. Okay, thank you.

Oh, I got a question. Now this deal says limited agriculture 20 acre minimum. It says in the deal, isn't that a rural residential area design?

This area five acres. That's that's correct. This area was the area that you're bored in 2024, adopted as part of the Willow Bluff, Freedom Road, Willow Bluff area.

But right near it, there's some two and a half acre parcels.

That is correct. Yeah.

And this is right up almost against the city.

Yes. That's correct.

Yeah. Any other questions? Alright. I'm gonna now open the hearing to receive public testimony. If the appellant is here, they have five minutes to present.

Good morning, mister chairman, board members. My name is Austin Ewell. Mhmm. Address is 695 West Cromwell Avenue, Suite 102, Fresno, California 93711. Appreciate the opportunity to speak on behalf of mister Cook, the landowner.

I'd like to thank staff, and the effort and the review of this project and do agree with the finding that they made. We disagree, and believe that the three other findings can be made, which is consistent with two of the commissioners that also agreed that those findings could be made. In particular, I'll make you aware that the applicant is here, mister Cook. He's happy to answer any questions you might have, especially in regards to the intention of the lot split, which is intended to remain within the family to allow for him to split the lot and build a home for his mother, as well as his children. Additionally, we have the hydrogeologist, mister Ken Schmidt, who I'm sure you're all aware of, who had conducted a hydrogeology study, which was submitted to the county and concurred by the county as it relates to the water availability and reliability of the wells that are proposed on the property.

As pointed out by supervisor Mendez, this area consists of numerous lot splits that have taken place and occurred either by the Planning Commission or the board, roughly about 16 over the past 19 variance applications in this immediate area, so it's consistent. Additionally, just to speak on the timing, as supervisor Mendez had raised, this project was applied for this variance was applied for actually prior to the general plan update in 2023. And the gentleman who filed that application, mister Iovino, is here and could answer any questions that you might have. I'll quickly touch on the findings as it relates or at least our belief that they can be made and rather consistent with what even the planning commission had just approved on a neighboring project on the January 29. We do think finding number one can be made, such that there are conditions, and exceptional circumstances, for this property.

You may note this property is located actually on the bluff, on Willow, as it's noted as Willow Bluff on the roadway. That property is extremely unique and that bluff standing is unique, for here in Fresno County, but the topography precludes the the property really from being used as agriculture and would be much better served, providing residences, which is consistent with what you see in in the neighboring area. Additionally, finding number two, we believe it can be found such that this variance approval will allow the applicant to have similar rights, has been provided to his neighbors through the numerous variance applications that we've talked about. We recognize that the variance approval has not set precedent, but those similar neighbors and similar landowners who have two acre lots are able to use and enjoy the property in a manner that mister Cook would like to as well. Finding three was made by county staff and we appreciate them doing so.

Finding number four, we believe this is not contrary to the general plan objectives. As noted, this area has been identified for further development. The board itself has allowed for further personalization in this immediate area. The general plan itself allows for division of the property in the subject area to smaller parcels. And doing so would allow the use and promoting development and home development in the area and as well as allow the applicant's family to use and enjoy the property, similar to his neighbors. Again, I'm happy to answer any questions. I greatly appreciate your time and consideration of the matter.

One quick question. Ingress and egress, which road will they use to ingress and egress? Because this property abuts right up to Willow as it turns into Frying.

Correct. So they'll use the existing roadway, Willow Bluff, which comes off, directly off of Willow Avenue, just north of the Monteverde development, which is the subdivision there.

Is there any in the future, is Willow Bluff, planned to tie into Reno Road at some point in the future, or is that, not a possibility?

There I think there's been some discussions, and I'd have to address probably, planning staff. I I don't believe there are any, future plans to, to build out Reno Road. But as you're aware, there are numerous two acre and five acre lots that are in that immediate area.

Alright. Thank you. Oh, one more thing. Sure. The hydrological study. I think I was reading that, and it said something like 58 gallons a minute over a seventy two hour period, which in that area that might be one of the highest producing wells I've ever heard of. So can you talk a little bit about that because that almost seems unbelievable, but you've got one of the best water experts behind you that certified that test.

Yes. And I'll do my best, but but Ken is here to be able to address that. And we we had seen this on, other testing that occurred in that immediate area, before you, last year was a was a project across the street. But in that immediate area and the way that these, these wells are located off the bluff and its proximity to the river, and the way that that that flow and I believe the alluvium allows for, very significant, water in that in that portion of the aquifer, which is constantly recharged, by the river. Additionally, the the natural flow, which drains towards the river, coming off a big big dry creek and little Dry Creek as well, that flow continues towards the river, which these wells, benefit from.

Okay. Any other comments? Any comments from the public in favor of the appeal? I want to address that. Any comments against the appeal?

Good, sir. Good.

I'm going to be reading the letter.

Oh, okay.

So I think you should have it before Got it. I realize the clock is ticking, but

That's okay. That's alright. No problem. You get your full three minutes. No problem.

Mr Chairman, members of the Board of Supervisors, my name is Radley Reap. I attended the Planning Commission hearing last August in which the appeal was excuse me, in which the variance was denied. I'd like to read this short letter to you. I think it's very clear as to what I expect of this Board. This particular variance request came before the Planning Commission last August.

When I read the staff report, I was taken aback by a chart printed on page three that identified four similar variance requests within one half mile of the subject property approved by the Planning Commission during the last ten years. In each case, staff concluded that findings could not be made and recommended denial and in each case, the Planning Commission came to the opposite conclusion and approved the request. This difference in comprehension troubled me so I read the staff reports for those earlier requests. Having done so, I came to the conclusion that your planning staff knew what it was doing, understood the law perfectly but planning commissioners did not. So I took the opportunity afforded by this application to educate the commission.

Commissioners took seriously what I had to say. They understood agreeing that staff with staff that this variance application cannot be approved. Your staff are experts in land use planning. They have explained with clarity why this variance application must be denied. They have pointed out that land use policy LUE 24 adopted by your board in 2024 limits parcel size to no less than five acres and that dividing the property into parcels of lesser size through a variance would not be legal.

Equally importantly, your staff has shown that the applicant has failed to provide justifications for granting the variance and has not provided any relevant evidence in support of a need to preserve a property right. Simply put, at present, there's no credible evidence to support your making findings one, two and four support no support for approving the variance. Now, quite frankly, I do not trust your board to do what's right under the law. Given the overwhelming evidence that findings cannot be made to approve the variance, you will need to explicitly describe new, credible evidence in support of each finding. To simply say I can make the findings and approve the variance without support for your conclusion would not be legal and to invent evidence that is clearly nonsensical or opposed to known facts would not be ethical.

I see this variance application as a test to see whether your board will support the general plan as recently revised, comply with planning law, recognize the validity of staff's analysis and accept the legitimacy of the Planning Commission's decision. I thank you. Do you have any questions of me? I've got one. Yes.

Bradley, do you believe you're ever wrong? No. Alright. Thank you.

Any other questions?

Okay. Thank you. Thank you. I'm gonna now close the public hearing, bring it back to the board. This is in your district. A question too.

I'd like to have Chris Motta come forward. I will state for the record, I think like Supervisor Magsig's point, I'm generally in opposition to Mr. Reit but I think he made up a few good points. Number one, I would agree with him today that your staff are experts in land use planning. I would agree with that.

I also know that we revisited this in 2024. I'm a little disappointed today in staff's presentation that they alluded to there's other parcels in the area. Do you have a map of that? I'd like to see that. Yeah, but I think we should have it up here. And supervisor, are we referring to just parcels of other variances? Yes. Yes. We should just have that up. And again, we just revised this in 2024 to make a five acre minimum.

I'd like you to refresh this board's memory because two of the board members weren't here in 2024. Why did we settle on five acres instead of a 2.5 acres? Well, five acres are primarily based on public testimony along Reno Road, where residents were saying that they were agreeable to the five acre minimum parcel size either because of CC and Rs they were referencing or, Antawna, can you just bring up the I just wanna get the map while I'm talking here if I can. That one. Just just do the that one there.

So this is the area that's subject to that policy. So along Reno Road, which is the horizontal line there, there were residents that provided testimony that they were agreeable to a five acre minimum parcel size and this was in reaction to parcels and variance applications that were coming in that were less than five acres. There were some proposals we were proposing two acre parcels. Based on that and then meetings we had with the residents out there, staff came up with this five acre designation, rural residential five acre to be both consistent with the generally with the existing personalization out there and with what community input we received. Along Willow Bluff, we acknowledged there were some two acre parcels, but we weren't proposing to expand the two acre parcelization along that so we kept everything at five acres.

So it was public testimony, prior applications that came in that where they were going less than five acres and that was staff's recommendation to do that RR5 designation. Okay. And then if heard correctly, these changes were made in 2024. Did this applicant submit things prior to 2024? I heard 2023 that they had submitted or were in process and then these changes came about?

That's our understanding. They did submit it and again, the application they submitted would not be compliant with that general plan designation but they submitted it before the 2024 redesignation. Okay. Well, for me, that's a game changer. First off, I think this is a prime area.

I agree with the applicant's representative that said it's better suited for residents than it is ag. I don't think there's any dispute for that. I believe it's water challenged. The more we keep doing this, the more deficit there is going to be for water that at some point someone will pay the price and we have many housing in that area out by Table Mountain and things that some of the nicest homes in the area but they have a lot of issues with water and then they come before this board and say I don't want to pay more for water and all that but yet they keep adding to the problem. I think we did the general plan for a reason.

For me, I think it was a good reason, and I'm going to adhere to that for my remaining time on this board. The one exception for me is it was started prior to the rule being adopted. So because of that, then it was allowed, and I will then support this if that's the motion of District five. But had it not been for that, I would be opposed to this because we made those reasons, made the decision for valid reasons. And to every rule, there's an exception to the rule.

But I would agree with mister Reed. It's hard to make all the findings. Although, one, I could make the point. It's better residents than ag. Three staff made and four it's contrary to the general plan. And I don't see how anyone can overturn that it's not contrary to the general plan. However, this application was started prior to the general plan being changed so through no fault of theirs, they shouldn't be held in a penalty for that. So, have a

little

Supervisor McHugh, issue can I offer some clarification though Regarding the general plan designation, it was designated ag prior to the redesignation of rural residential five acre districts? Even prior when it was submitted, it was submitted. I understand that, but in all ag rules, which I am very familiar with, I quite candidly consider myself an expert in that area, that we allow a 20 acre minimum if you were going to parcel off a piece for a home or for a family member and it was clearly stated that he's doing it for another family member. So I don't care if it's 20 acres, 100 acres or 5,000 acres According to ag, you're allowed to do that. And we have granted that many times at this board and so that's one exception to the rule is he's doing it for a family member.

And, again, I understand those rules. I do believe it's contrary to the plan but he was going under the assumption prior to the general plan and according to AG, you're allowed to do that for a family member. So again, I think if we're going to vote, we should state our reasons why we accept it so that Mr. Reap will have his answers to the question. I think he brought up some very valid points.

But for my reasons, it's why I will support this today. Otherwise, for me, had it not been prior to 2023, I would be voting no on this. As I have consistently on most times when someone just wants to take it out to keep farming but wants to maximize the value of their house because we all know when you sell a 20 acre property with a home, you never get the true value unless you cut the home out because then you got a home and ground but the home is always discounted when you keep it concurrently with ag property. That's it, Mr. Chairman.

Thank you.

Chris, if you don't mind staying there just for a little bit longer. So, when I first got elected about ten years ago and then started going to meetings. Reno Road was an issue and what was happening is some people were creating smaller lots, there were some five acre lots, some 10 acre, even 20 acre pieces out there. So what I remember is I actually went to staff about, eventually when we got to updating the general plan, to specifically looking at this area and limiting it to five acres. And I agree 100% with what was stated by Supervisor Pacheco.

This is unique because the applicant started this request back in 2023. The reason I asked about where they are going to use ingress and egress, and it's off Willow Bluff and not Reno Road, The neighbors that were really pushing for this new land use policy which was adopted in the 2024 general plan, to me it was driven by those neighbors that live right off of Reno Road, not Willow Bluff. Another very important factor for me was the water study, the hydrological study. And I was blown away at the amount of water that's being produced when that well test was done on-site. So water is not going to be an issue and exactly what was stated on the record because of the proximity to the river, because of the natural geography and how Big Dry Creek, Little Dry Creek flow from east to west and how it passes underneath this particular area.

The well test, I'm not aware of any neighbors that were impacted negatively over that seventy two hour period where they pumped, I want to say it was near an acre foot of water, which is, I mean, that's significant. So for all those reasons, I too can make the findings here and the fact that I'm looking at the general plan, existed prior to the 2024 adoption because this applicant started the process prior to that. And the Planning Commission, as was stated on the record, granted a whole host of other properties. So for me, it's not precedent setting when we approve a variance. But as I take a look at the totality of the circumstances, I can make the different findings that are in place.

And by the way, I think staff has done their job as well. Because staff has applied the 2024 general plan to this particular application even though it was filed in 2023. So I have no issues with staff. I agree with Supervisor Pacheco. And after other board members have an opportunity to comment, I'm prepared to make some motions.

Okay, are there any other comments from the board?

I'll one quick comment. This is for the rest of the board. A broken clock is right twice a day. Never forget that. You know? So sometimes people are never always wrong, which nobody's always right. So just wanna remind. But I think the the proximity it is to the river, you know, mister Schmidt's probably, in my world of Sigma, is probably one of the premier geologists in this area. So I I tend to agree what he says.

Okay. Anybody else?

I think for me having come from the city and seen general plans really to estimate property value and and and what that looks like for an owner. But the fact that you submitted your application before, this plan took, effect, I think to me is the the the reason, the rationale where I can support this.

Okay. Supervisor Magsie?

So, the applicant has made the findings and I agree with their comments which are all on the record, so I'll move for approval of this particular variance request based upon the findings that were stated by the applicant a few moments ago.

Okay.

Is it second? All those in favor?

I thought I could offer some assistance here. Along with the motion, does that includes the CEQUA finding?

Yes.

Correct? Yes. The identification requirement?

Correct. That's part of staff's recommendation. So,

We have a motion and a second. All those in favor, say aye.

Aye.

Any opposed? Passes unanimously.

We now move to item number nine. Sitting as Fresno County Board of Supervisors conduct a public hearing on annual water conservation report and adopt resolution declaring water conservation stage one from 04/01/2026 through 10/31/2026 and stage three from 11/01/2026 through 03/31/2027 and impose corresponding regulations within county service area number 39 zones a and b under Fresno County ordinance chapter 14 o one as well as you you're sitting as board of directors of waterworks districts numbers 37, 38, forty, forty one w and 42 conduct a public carrying on annual water conservation report and adopt resolution declaring water conservation stage four from 04/01/2026 through 03/31/2027 and impose corresponding regulations within waterworks district number forty under Fresno County ordinance code chapter 14 o one.

Floor is yours.

Board. Chris Bumps with the Department of Public Works and Planning. The item before you did today is a public hearing for the Thank you. For the twenty twenty six, twenty seven annual water conservation report, staff notes that there is a water conservation recommendation for two water districts, CSA 39 a b and Water District 40, which is detailed in the report and I'm available to answer any questions.

Okay. Any comments from the board?

So just generally, it's tangentially related to this particular item, but looking at the waterworks districts that the county is involved with, the appointments that we make to different districts as well, and then also looking at the different CSAs, I am concerned with infrastructure that the county overall is maintaining, responsible for, and different boards that we appoint, just the overall ongoing health of that infrastructure. So I think in the future, it's going to be important for you to do a presentation to this board about the different CSAs, waterworks districts, sewer plants, water plants that exist, that the county is overseeing their condition and what's needed. So I have a great appreciation for how challenging your job is and but it's important for our board just to be aware of the investments that are needed by a lot of that infrastructure that's out there. Any

other comments? Any comments from the public? Okay, seeing none, is there a motion? A second? And there's a second. All those in favor say aye. Aye. Any opposed? Passes unanimously.

We now move to item number 10 under social services, receive and discuss the Fresno County Mod C quarterly governing body report and updates for the period of 09/14/2025 to 12/13/2025.

The floor is yours.

Good morning board. Sonya Bouguet, Director of Social Services. So I'm here to give you a quarterly report on our transitional shelter facility. We're actually required by statute to do this once a quarter. There is nothing significant to report this quarter.

The Attachment A outlines four areas in which we need to share. So one, there is no new policies and procedures we need you to approve. We had 11 contacts with law enforcement during this past quarter and we're talking about the period mid September to 2025. We had a total of 33 youth during the quarter, so about 11 per month. And we had three, while our average stay is about three days, we had three youth that stayed longer than nine days, which is our maximum license amount. And the final piece is there's nothing significant to report about our budget. We're within the budget. And I'm available for any questions.

Okay, any comments from the board? Any comments from the public? Seeing none, this item was just to receive and discuss so there's no motion needed. Next item please.

We now go to item number 11, under Board of Supervisor Committee Reports and Comments.

Are there any committee reports? Yes, Supervisor Mags.

Couple of items I need to report out on. So, a little over a week ago, I attended the NACO legislative conference in Washington, D. C. I am on the board of directors for NACO and also serve as vice chairman of finance, pensions and intergovernmental affairs. I got to serve as a parliamentarian as we had different resolutions that were adopted in our policy committee and got to spend time with our congressional delegation.

I was not able to be there on the final day and really appreciate Supervisor Chavez spending time with several other members of our congressional delegation I wasn't able to be there with as well as our United States senators. But enjoyed that time. I had a great opportunity networking. And with our the three congressmen I did meet with, we got to talk a little bit about the different projects that they were able to put into the budget last year, which were funded in Fresno County. And it's good to know that they are looking out for some of the most rural parts of Fresno County.

I wanted to talk about that. Also wanted to share that about a week ago Stan Oaken passed away. Stan Oaken served as a District five supervisor for roughly ten years. He ran in a special election and then served two additional terms after that. He was in his 90s, lived a great life.

In the agenda today, there was a certificate in memory of his life that we approved that I'll be giving to the family later. But really appreciated Stan and the mentoring that he gave to me through the years. Also Joshua Babcock, my staff member, and Emily Timm were married over the weekend and I had the pleasure of officiating their wedding. So they are, spending some time on a honeymoon right now. So when you see them, make, make sure you give them a hard time.

Also, wanna, congratulate Buchanan High School boys and girls wrestling teams for being crowned California state champions. This is the boys' second in a row and tenth overall state crown. Also, want to congratulate Clovis High, Clovis North and Buchanan who had individual state champions. And in addition to that, about two weeks ago there were cheer competitions, state cheer competitions that took place and Clovis Unified placed, I believe, first and third. Supervisor Bredefeld and I here very soon are going to be recognizing the accomplishments of those cheer teams who placed very high, number one and number three, statewide.

We need to make a phone call to the district office so we don't leave out any junior highs or high schools that also placed high at that competition. That's all I have.

Thank you. Anybody else? Mr. Chairman, I

don't have a committee report. I have a comment. Sure. Late last week, early this week, I'm starting to receive a lot of calls about our landfill and our policies out there. I've spoken with the director of which he informed me that due to AB nine thirty nine, which is to promote recycling, reuse and diversion in alignment with state law and the California Green Building Standards.

The construction and demolition debris is being strictly enforced by our landfill so that we don't incur state penalties which I fully understand. I do not agree with the law as it is written because it is causing a tremendous hardship on regular people that are simply trying to dispose of their waste. So what is happening is people are coming in to dispose of this at our landfill. They are being turned away according to the state rules and they're going down the road and they're dumping it along the road along North Avenue. So they figure if they've taken the time to come in and dump and if we're not going to accept it, well, they're not going to obviously take it back home and they're limited in where else they can go.

I believe this is an issue we need to address. We already spend over $1,000,000 a year picking up roadside garbage and that number will double if we don't figure a solution out to the problem. It's my understanding. I made a suggestion. Why don't we just pile it to the side and have our trucks take it to the appropriate place? I'm being told maybe we're not even allowed to take possession of it in any way. I'm simply bringing this to the board because we need to find a solution to this problem. We did not create it. The state of California created it. But as a local leader, we have to find solution to this problem.

I don't know if anyone else is experiencing that.

Brian, glad you brought this up. Week, I've received calls from contractors about this very issue being turned away at our local landfill where they're in the past have been charged $30 a ton to dump and now they're having to go to private stations where it's $100 a ton and they're outraged. So I received numerous calls this week and I too fully support us coming up with some type of a solution where maybe they can dump in an area, maybe they're charged a little more but we deal with sorting of the materials. But to completely turn them away, there are limited options and I agree, at some point what's going to end up happening is this will cost us even more because it will end up on our roadways, it's going to end up on farmland and it's going to upset a lot of farmers and it's going to cost us a lot more money in the long run.

That's it.

I totally agree with looking into that because I think part of the problem is you got larger contractors, but you got smaller and people that do their own work that are loaded in a pickup and go out there and they're being told we can't dump it. But they're not a professional contractor who's working on their own stuff. Sure.

And if they can't go here, what are they going to do? And once they drive all the way out there, I assure you, they're not going to take it home with them. So they're going to park along the road and they're going to unload it and we're going to deal with it anyway. So I'd like to deal with it upfront. Again, I do not fault county staff in any way, shape or form. I want to make that clear. They are following the law and the rules and their hands are tied. But those of us that are elected, we need to find a solution to this problem. And I've spoken with the CAO and I hope to have a resolution back to this board within two weeks or otherwise we're going to be spending a lot of money.

Thank you both I don't

think it's not working.

Anyway, thank you to both supervisors for raising that. We will bring it back. Thank you for both raising the issue. Both of you reached out to me. We've already started that process. I've also asked our director of public health to work with public works and planning and what options are available. We'll have to get creative, but you're right. The cost of the illegal dumping continues to go up And it's another example of state law affecting counties both with the cost and with our residents. So we will come back presenting options, but thank you for elevating the appreciate it.

Thank you. Thank you for bringing that up. Anyone else have any comments, committee reports? I just have a few. This Saturday, we, attended the supervisor magazine. We were there at the support Blue Run. About 3,500 people were there, all law enforcement, police, sheriffs, the DA, tons of people were there. It grows every year. I think it was the eleventh one. I think I've been to nearly every one of them.

And just wanna again reiterate, this board loves our law enforcement. We're always gonna support our law enforcement. In spite of the vocal minority that, attacks law enforcement, we will always be with law enforcement and stand with them no matter what uniform they're wearing, and it was a great event. Likewise, I just also want to say that, our military is in our hearts and minds as they are, fighting a courageous battle, against the, number one state sponsor of terrorism who have killed hundreds, if not thousands, of Americans. They are sacrificing as they do every day, and they're certainly in my heart, my mind.

And we fully support them and the decision to finally end this terroristic regime. And lastly, I also wanna say a couple of words about Stan Oaken. I knew Stan Oaken when I first served on the council in the nineties, and he was serving on this board. And, at that time, we were trying to get a a stadium built, and, Stan was a leader, always a gentleman, and a very astute man. And his passing is sad for me personally because he was a friend and somebody who I had tremendous respect and admiration for. With that, we'll move on to the next item.

Item number 12, board appointments.

Okay. Anybody have any appointments? Yes, Supervisor Maxwell.

I have one appointment. I wanna reappoint David Hamilton to the District 5 seat, which expired on nineonetwenty twenty five to the Assessment Appeals Board.

Okay. Anyone else?

I got a bunch.

Oh, okay.

Okay. Fresno Regional Workforce Development Board appoint Carla Tweed to the joint city county education position previously held by Carol Goldsmith. The housing authority reappoint Jacqueline Hendricks. Central Valley Pest Control District reappoint James McKinney. And in this Kalinga Huron Cemetery District reappoint Luis Gonzalez.

Okay. Any others? Any comments from the board? Any comments from the public? Seeing none, is there a motion and second to approve?

Motion to approve. Second.

Second from supervisor Magzig. All those in favor say aye.

Aye.

Any opposed? Passes unanimously. Next item.

We now move to item number 13, public presentations. This portion of the meeting is reserved for persons designed to address the board on any matter not on this agenda and we also are taking public comment for closed session items 15 through 21.1.

Okay. Any comments from the public on any matter not on this agenda or on closed session items 15 through 21.1? Please.

Good morning. My name is Victoria Santillan. I work with California Rural Legal Assistance as a community worker. We've met with board of supervisor Mendez in the past in regards to the community of Delray. We're here today in regards to a particular intersection on Delray and American Avenue.

There has been many fatalities, many car accidents as this intersection provides key entrance to Palm Wonderful, which is there in Delray. Back in 2015, you'll be hearing from Amanda who lost a family member in that intersection. There's been several car accidents, several fatalities, and we're urging you all to reconsider, support us, and support the community to potentially turn this intersection to a four way stop. As you'll hear the story of Alondra, was fatally killed in this car accident in 2015, she left behind her family, but she also left behind a 10 year old I'm sorry, a 10 old son who will never know his mother. He will only live with the memories of what his family can share with him.

It's so unfortunate that people in this community have to suffer like this, but it's challenging for everyone, not just Fresno County, but also the city Of Fresno. We have a lot of people who do work for Palm Wonderful who are residents of the city Of Fresno, as well as residents from the County Of Fresno. So we're urging Board of Supervisor Buddy Mendez, who has met with the community group that we work with several times, to please reconsider adding a four way stop to this intersection on Delray Avenue and American. Thank you.

Thank you. Any other comments from the public? Okay. Next item. Oh, there's one other person. Sorry.

Good morning. My name is Amanda Estrada. I'm the mother-in-law to Alondra Ioannis, and she left my grandson at 10 old. It's not about her. It's about getting that stop sign, but you gotta get to know her so this can prevent it. I know it's not gonna stop the death, but I know it will slow it down. We try to get signatures. We've got the yellow sign that says cross traffic. We did that. We got the lights around the stop sign, but we need more because after her death in 2014 and there's been a couple more.

You know, I wasn't ready for this meeting, but I got a lot of pictures of all the accidents that's been there since her death. Alondra was only 19 years old when she left us. I'm here also representing her mom. Her parents are not doing well still. It's going on eleven years or it's eleven years. My grandson, I asked him if he wanted to come. He broke down crying saying, I don't know my mom. Only what you and my dad and her friends tell me. I mean, I have to have an app to create a picture, a family picture of them three, and that's not what he wants. Don't get me wrong.

He's he's better off. He's, you know, he's in a home with mother and dad, but that's not what he wanted. You know? And she would always tell us that her worst fear was to leave her son when he was a baby. And it happened. And when you looked at her, didn't even look like nothing was wrong with her. That day when she left work, she told my son because she would work in the morning at Palm, and he would work in the afternoon. As they passed each other, she goes, I'm a call you out of work. He goes, why? She goes, I got some news for you.

Well, she went and she called us as she was leaving, and then she told us that they were finally approved for their first department. They were both only 19 years old, and they both had a job raising their child. And then that's when I got a call from my son and said, Alonja's an accident. Well, when we get there because I was residing in Delray at that time. We get there, I seen my son fighting all these firefighters, telling him, let me get her. Let me get her. And I kept telling my son, let them do their job. She's fine. Look at her. She's fine.

By the time we got to the hospital, they told us she passed away. So we said our goodbyes with her parents. And like I said, even though my grandson was 10 old, you know, he misses his mom. He looks and acts like his mom. This girl was crazy. She told us that she was Spider Man. And we started laughing at her, and that's how everybody knew her. Her funeral was so packed. There's a church called Saint Mary's in Sanger, California, the big one. It was full inside and outside. She touched a lot of hearts, and I'm still friends with a lot of her friends. And they always ask, what do we need to do next? What do we need to do next? You know? And that's what I'm asking.

Just it can't stop everybody, but it could slow it down.

Thank you, ma'am. I'm sorry for your loss.

Thank you.

Thank you. I just wanna just say, no, just go ahead and go back and sit down. We can't this board cannot just go put a stop, a four way stop up. It has to come out of public works. They have to do a traffic study, which I've asked them to do because this isn't the first time. There's been several over the years. So we'll keep putting pressure on them to bring an item to the board.

Okay, thank you. Anyone else from the public? Okay, next item.

We now move to item number 14 under County Council. County Council reports from previous closed sessions.

Okay. The board is now gonna go into closed session. County council, will we have anything to report?

Yes. At the January 27 meeting, the board in closed session unanimously approved settlement of Hernandez versus the county. On February 13, the settlement agreement released providing for payment to the plaintiffs of $1,500,000 by the county and $1,000,000 by the county's vendor Proteus was fully executed. A copy of the agreement may be obtained from the county council's office. Also for today, on item 19, the CMG matter, chairman Bredefeld, vice chairman Chavez, I will be recusing ourselves because we were at the city at the time of the relevant events. And there may be a report out following today's closed session.

Okay. So then the board will return maybe after closed session. I guess we'll have to leave it at that. Okay. At this point, we are adjourned and going into closed session.

We good, Bruce? Yeah, we're now in open session. I'll pass this County Council.

I have one report out from today's closed session. In item 21.1, the claim for damages presented by Gene M. Pledger, The board unanimously approved reimbursement of $10,000 of excessive in SB two fees that were collected by the recorder and this will be paid from recorded recording fees collected by the department.

Okay. I guess we can adjourn. Is there a motion to adjourn? All those in favor, say aye.

Aye.

We are adjourned.