Thread by @AndyHS

Fresno County Board of Supervisors May 26,2020 livestream
Among the items are letter requesting State Senate to delay bill that would tax vehicle miles traveled v gallons used; two appeals of Planning Commission including allowing more days and hours for horse arena near Friant;

Covid relief of $40 million as well Covid CDBG grants ; CONSENT AGENDA Items:
Adopt Resolution recognizing the month of June 2020 as Elder and Dependent Adult Abuse Awareness Month in Fresno County

Sponsored by Chairman Mendes and Vice Chairman Brandau
20.1 Adopt Resolution Delaying Vehicle Miles Traveled (VMT) requirements of SB-743

Supervisor Magsig
21. Adjourn in Memory of Terry Tuell, owner of Terry Tuell Concrete, Inc.

Supervisor Pacheco

Adjourn in memory of Mike Rasmussen who served on Kerman Friends of the Library and was an important member of the community

Adjourn in Memory of Robert Silva, longtime Mendota City Council member and public official

Adjourn in memory of Al Grouleff, owner of Grouleff Aviation, Inc. at the City of San Joaquin Airport

Supervisor Quintero
25. Proclaim June 2020 as Family Reunification Month in Fresno County

27 Approve the Chairman to execute a Fourth Amendment to with Toppan Merrill, LLC for the procurement of County Voter Information Guides, effective upon execution with no change in term to June 30, 2021 and increasing the maximum compensation by $135,000 to a total of $4,355,000

45.
Declaration of Emergency Regarding Flood Incident at Fresno County University Medical Center Property
Medical Center North Tower (UMC North Tower), ratify prior undertakings related to the emergency by the Director of Internal Services Department/Chief Information Officer

authorize the Director/CIO to obtain any additional necessary remediation and restoration services for the UMC North Tower& appropriate the estimated required funds. The property is vacant;the flooding occurred as a result of arson, which activated the overhead sprinkler system.

54 Adopt Resolution revising the number of miles of maintained Fresno County roads.
Approval of the recommended action will certify the County’s maintained road mileage as of December 31, 2019, at 3,485.42 miles. This represents a decrease of approximately 3.06 miles from 2018.

The resolution is required annually pursuant to California Streets and Highways Code, section 2121. This item is countywide.

Supervisors meeting beginning with all in attendance except Sal Quintero who is calling in via phone.

@stevebrandau wants to add urgent/emergency Agenda item added regarding opening House of Worships. Vote to place it on Agenda item. Brandau: Governor Newsom said County has to create guideline. Governor’s proposal it wouldn’t work except for small churches. Mega churches

wouldn’t work. 25% of capacity And 100 total maximum is unconstitutional and wasn’t added to restaurants, services or retail. We need real world solutions. Brandau would like 50% capacity. Churches held at higher standard. Magisg: pleased Newsom sees churches as essential.

Magisg: Grant to open up to governor’s rules and if we want to explore constitutionality then we can along with other counties. Counsel Cedarborg : General law if Governor declares emergency so we are limited during that time within legal framework. Board could look into federal

lawsuit. Governor’s previous rules were unconstitutional as what applied to restaurants etc didn’t apply to churches. Mendes: who enforces? Cedarborg: National Guard wasn’t ordered to patrol beaches. Mendes: will City send Code Enforcement to churches? County won’t. Brandau: I

want to pass law today but have no intention to enforce it. Make Governor enforce it. Magisg: I believe in rule of law. I can see exploring federal lawsuit. Brandau: counties have been creating their own laws in violation of Governor such as beaches. Home Depot should not have

more freedom than house of worships. State shouldn’t be regulating them at all. Federal lawsuit will take years. Governor could find himself in a constitutional battle. Magisg: do as the lord leads churches. Standing up to a tyrannical government ? Are we at that point now ?

Mendes: Governor has lost control completely on this. We will do what the churches want to do regardless. We don’t need to stick our finger in governor’s eye as he already lost control. Public:People’s Church’s Larry says we have handed out 3000 free meals without state dollars

Governor wanted to poke President without being obvious. Congregants will do what they are asked: masks, no singing , All we want is a raise in capacity limit to 40-50%. Do we want a place where you can’t invite a friend. Take a stand and force Governor to take a stand.

Next: Governor came to this place kicking and screaming and was forced by AG Barr and President. Why are we not as essential as others ? We have no king but constitution.

Why is it safe to walk down grocery aisle but not a church aisle? 9th Circuit did say Governor does have right. We will appeal this to Supreme Court. Supervisors do have voice to speak out against this. Go against Governor.

Magisg: can we break our oath to california constitution?A: Why can we get a meal at a restaurant but not a spiritual meal? Brandau: Motion: Follow 50% capacity guideline. Fails 2-3. Magisg: motion to endorse governor guideline. I agree with Brandau but we need to follow

Governor even if we don’t agree. Motion by Magisg passes 3-2. Next : Radley Reep asks for this to be pulled from Consent Agenda to be discussed. He sent a letter to Board. Brandau: State moved to tax vehicles miles to pay for road repairs and will become law in 2013. This will

hurt rural counties like Fresno. $30,000 to $40,000 added to cost of new housing says BIA (building association). During COVID this will make it even harder to build homes. We need to table this for a few years. Magisg: Measure C adds costs. State also states new homes need

solar and fire extinguishers as well as other fees like sewer impact. We should not push this back but get rid of this altogether. Two emails came in on this. Passes 5-0.

(I did send in an email saying this tax would help rural transportation mass transit systems succeed better).

3. Oscar J. Garcia, CPA, Auditor-Controller/Treasurer-Tax Collector Fiscal Year 2020-21 Tax Revenue Anticipation Notes Issuance ; If your Board does not approve the County’s sale and issuance of Tax Revenue Anticipation Notes (TRAN) at the proposed maximum amount stated above,

the County General Fund will not have sufficient operating cash prior to the County’s receipt of the first installment of property tax revenues on December 10, 2020.

Auditor/Controller Oscar Garcia presents PowerPoint Hoping for SP+1 rating tomorrow from Standard and Poor. Online auction in early June. Will pay back TRAN in July 2021.

Magisg: will we be First county to go first or let a few Other counties first? Garcia: not sure why would rate unless we don’t get SP+1 rating tomorrow. Magisg: don’t want to go after Los Angles otherwise don’t mind going second. @BuddySupervisor we haven’t done a TRAN for a few

years. A: 2015. Mendes: we have a great controller in Garcia and have accurate books . Passes: 5-0

4.0
Jean M. Rousseau, County Administrative Officer
Coronavirus Aid, Relief and Economic Security Budget Resolution in the amount of $40,800,000 When Controller Garcia determine this would flow through general fund for cash flow. An accounting item. Passes 5-0

Ten minute break to comment on items 5-7

5.0 Consider appeal of the Planning Commission’s denial of Variance Application No. 4075 proposing to
allow waiver of the minimum lot size requirement and the maximum lot depth to width ratio to allow the creation of four, 4.87-acre (net) parcels (20-acre minimum required) with

a lot depth to width ratio of approximately 8:1 (4:1 maximum allowed)

from an existing 19.48-acre (net) parcel in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.
The subject parcel is located on the east side of N. Garfield Avenue approximately one-quarter mile north of its intersection with W. McKinley Avenue and

approximately 0.6 miles south of the nearest city limits of the City of Fresno (2264 and 2252 N. Garfield Avenue. At its March 12, 2020 hearing, the Planning Commission considered the Department staff report, presentation, testimony from the Applicant/Appellant and co-

owners, and four letters of opposition (Attachment C) stating concerns with dividing C) stating concerns with dividing farmland, abandoned vehicles, and noting that the property was poorly maintained. It should be noted that staff, in its recommendation to the Commission, was

unable to make all four required findings to recommend approval of VA No. 4075. After the Planning Commission considered public testimony and correspondence, a motion was made to deny the application based on the inability to make the required findings consistent with the staff

Report. Landowner speaks with translator’s help. Family wants to divide land in half. He has cleaned up trash on land already. Now is ready to have it divided as his brother is not helping with this clean up at all.

More problems will arise if land isn’t divided today by Supervisors. He had documents regarding trash and land. @LincolnSeward why is this being divided into four plots and not two ? A: if four not allowed he will take two. This will lessen intensity by reducing it to two.

Magisg: we still need to find the four findings though. Next public: my brother and I want to divide to farm. His brother doesn’t help with tilling and watering but now brother wants me to pay taxes on it still.

We have paid to have this divided and will lose that cash if not divided today by Supervisors. They initially wanted it divided into four parcels in order to have homes for children in future. Pacheco: we live by General Plan and it states 20 acres. I have made exceptions before

but this doesn’t qualify. We need to preserve ag land. This is a family dispute and they should sell it and divided proceeds among them. Clerk reads letter: land is full of junk but many farmers have similar junk on property. Passes 5-0

6.0 Consider appeal of the Planning Commission’s approval of Director Review and Approval proposing to allow operational modifications for an approved commercial horse arena on a 40.05-acre parcel in the AL-40 (Limited Agricultural, 40-acre minimum parcel size) Zone District.

Operational modifications include increasing the number of authorized event days from 24 event days to 72 event days and changing operational time limits to allow 30 event days to operate during the evening hours from 4:00 PM to 10:00 PM. Project site is located on west side of

Rusty Spur Lane approximately 690 feet south of its nearest intersection with Millerton Road, and is approximately 6.35 miles east from unincorporated community of Friant
Planning Commission heard this March 12. There was concerns about private road usage, noise , and light

pollution. Planning Commission approved but public made an appeal. Letter from public read: many neighbors opposed to this. County Staff never inspected 25 year old bridge. Another letter: adjacent neighbor of Maxwell Arena. No opposition for using this during day time but not

For evening events until 10 pm. Public: appellant says he has 24 names opposing planning commission’s decision. 12 day time events last year but this decision will be for every evening.

Sound and light travels easily across this valley. Neighbors were duped into not having any nighttime events or only daylight used for those evening events. Next:Dirk Poechel who represent Maxwells. Meets all planning commission requirements. Adequate in size. County staff did

in fact inspect site. Slow moving traffic due to trucks. So finding number 2 can be made as well as #3. Lighting consultant will allow LED and drop light poles down another ten feet. 88 total trees to provide aesthetic to neighborhood.

PA System will be used at a minimum. Meets with General Plan. Next : owner of Arena We did not send emails but met in person. Neighbor Mr Urbazo says he gets more noise from bar than this arena. Other neighbors all support. We wanted increase in days due to increased followers

on Facebook. Area has dearth of horse arena. Law Enforcement training can use it. We initially had 12 days and now ask for 40. If Board wants to change that ratio that is ok. @LincolnSeward Magsig: he road by this area on his bicycle this morning. He knows landowner Charlie

Maxwell when he was a police officer. There has been no complaints from his events and this type of events is what Fresno County is about. Approved 5-0.

7. 0.Coronavirus Aid, Relief, and Economic Security Act Application for Community Development Block Grant Funding and Substantial Amendments to 2015-19 Consolidated Plan and 2019-20 Annual Action Plan . The County has been notified by the U.S. Department of Housing and Urban

Development (HUD) that it will receive an award of $1,635,038 in Community Development Block Grant (CDBG) funds under the recent Coronavirus Aid, Relief, and Economic Security (CARES) Act. This allocation, known as CDBG-CV, provides funds for CDBG-eligible projects to address

needs related to the COVID-19 pandemic.
Letters read into record: mental health of children, those who use wells, broadband needs to be cheaper for farmworkers, rent payment , businesses can’t use PPP, car payments , We need to support local businesses. Limited access by public

who don’t have broadband to email into this meetings. Pacheco: because people can now attend in person we don’t have to allow a place for public to call in ? Counsel Cedarborg yes. We don’t have to but we do allow. Written comments will still be allowed. Pacheco: we don’t have

to this still but allowed it today. Items listed in letters? A: they do have to be Covid related. We will be dividing money between county and cities. Approved 5-0
8.0 Supervisor Comments : Magisg is pleased more businesses are being allowed to open. Everyone is an essential

workers. Brandau: other counties are lifting and using our grant program for small businesses we passed last meeting so that is good. Public comments : Michael Sagala of Senior assistant living says we are not listed in Covid CaRe. We will need to stay shelter in place even as

other services are lifted. We need help for testing those who are Covid positives along with hospitals. We have kept our complex negative for this virus. But we are told if one does come positive they must stay onsite. They should be transferred. We need Board’s help to do this.

Going to Closed Session Now. Negotiations on old Valley Medical Center at Kings Canyon and Cedar among items at Closed Session. NEXT MEETINGS:
June 9, 2020 - 9:00 AM June 23, 2020 - 9:00 AM

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