Documented by Rachel Youdelman
Summary: What You Need to Know
- While appearing to take the concerns of election skeptics seriously, the board voted to conditionally approve a multi-year contract for continued maintenance and support of its elections information management system.
- After a large showing of members of the public who opposed the plan, the board upheld the Planning Commission’s denial to permit Verizon to build a 100-foot cell tower in a rural neighborhood in District 5.
- The board received an annual update on the county’s Future of Public Health program. The director of public health said that the COVID-19 vaccination rate was low across the county, that there are racial disparities in health outcomes and that a rural mobile health program has provided a variety of medical services to almost 4,000 patients from December 2022 through December 2023.
Board
Brian Pacheco, 1st District
Steve Brandau, 2nd District
Sal Quintero, 3rd District
Buddy Mendes, 4th District, vice chairman
Nathan Magsig, 5th District, chairman
Staff
Daniel C. Cederborg, County Counsel
Bernice E. Seidel, clerk of the Board of Supervisors
Paul Nerland, County Administrative Officer (CAO)
The Scene
The Fresno County Board of Supervisors held its second meeting of the new year at 9:30 a.m. on Jan. 23, 2024.
Chairman Magsig opened the meeting promptly. The public portion of the meeting was three hours long. A closed session lasted 30 minutes, after which the board reconvened for a few minutes to announce a closed session vote. The meeting was marked by several emotional moments, experienced by board members and members of the public. The room was full of attendees, many of whom were present to comment on a matter regarding a proposed cell tower in rural District 5.
The invocation as usual was made by an evangelical Christian; this time it was Zachary Darrah, CEO of Poverello House in Fresno. Magsig introduced Darrah with a loud and fervent, “He loves his Lord and Savior, Jesus Christ!” Magsig also ticked off a few résumé points as he described details of his past professional connections with Darrah. “Lord, I pray for these men you have put on the dais,” Darrah said, ending “in the name of Jesus Christ.”
Meetings are open to the public and are held at the Fresno County Hall of Records, 2281 Tulare St., Room 301. Public comments on matters on or off the agenda are welcomed. If you plan to make a comment in person on an item not on the agenda, note that this portion of the meeting is always last on the agenda. Each agenda item is otherwise accorded time for live public comment as they are introduced. Meetings are live streamed; agendas, live stream and the meeting video may be accessed here. The next regular meeting is scheduled for Feb. 6 at 9:30 a.m.
Each supervisor represents one of five districts. Who is your county supervisor? Find out here.
To contact your supervisor about any issues or agenda items for a particular meeting, call or email with your opinion or question:
Pacheco District 1 District1@fresnocountyca.gov (559) 600-1000
Brandau District 2 District2@fresnocountyca.gov (559) 600-2000
Quintero District 3 District3@fresnocountyca.gov (559) 600-3000
Mendes District 4 District4@fresnocountyca.gov (559) 600-4000
Magsig District 5 District5@fresnocountyca.gov, (559) 600-5000
Agenda item 1 The board approved the day’s agenda after clerk Seidel noted that item 6.1 would be deleted and continued to a date uncertain.
Agenda item 2 The consent agenda, items 22-44 on today’s agenda, includes items that are considered routine or administrative, grouped together and decided with a single vote; however, supervisors or members of the public may pull an item for discussion. Brandau pulled item 27; the remainder passed 5-0.
Agenda item 3 The board recognized Victoria Klassen’s retirement after 25 years with the Department of Social Services. Klassen was a specialist with foster children and families, child welfare and adoption. Everyone posed for a group photo.
Agenda item 4 The board proclaimed January “National Human Trafficking Prevention Month.” Before Magsig introduced staff from the Fresno Equal Opportunities Commission (EOC), he spoke for a few minutes about contemporary slavery, labor and sex trafficking. Present were members of the EOC, who have helped more than 2,000 victims, and a representative from the Mexican consulate in Fresno named Valeria Solorio; there are Mexican citizens in Fresno who are victimized, Solorio pointed out. Everyone posed for a group photo.
Agenda item 27 This item, pulled from the consent agenda by Brandau, was an annual Comprehensive Financial Report (ACFR) for the fiscal year which ended June 30, 2023, and did not require a vote other than to agree to receive the report (vote was 5-0). The ACFR includes basic financial statements; reporting annually is required by state law. Oscar Garcia, CPA auditor-controller/treasurer-tax collector, was present to answer Brandau’s questions. Brandau cited his “offline” conversations with Garcia and said that he’d “heard” (no source was cited) that the county is in “a bad position financially.” He asked Garcia to speak to the state of the county’s financial health.
Garcia described the necessity of recording liabilities based on the county’s retirement system, which goes “up and down” with the stocks it’s invested in. But, he noted, “In 2023, the unrestricted net position is now $76 million to the good. So that just means that the county has been prudent and not going into too many liabilities.” Brandau seemed satisfied and said, “That’s kind of what I wanted to know and get some clarity on, and I wanted the public to be able to hear from you.”
Garcia acknowledged members of his staff who contributed to work on the report.
Magsig took the opportunity to note that he was “chairman of the audit committee” (of what entity he did not say) and bandy about terms such as “cash position,” “unfunded liability,” “assumed rate of return,” “actuarial analysis” and “stock market volatility.” All this was to reiterate that the county’s finances were in good order.
Referring to Brandau’s having “heard” that the county’s finances were not good, Mendes commented: “Never give credence to liars without facts.” As he spoke, he grinned and looked around, twisting a pencil he held at both ends.
There were no comments from the public.
Agenda item 5 Twenty-nine county employees were recognized for completing a leadership program that grants executive credentials from the California State Association of Counties (CSAC). Human Resources Director Hollis McGill gave a brief presentation. The board adjourned for about 10 minutes so a group photo could be made, reconvening about 10:15 a.m.
Agenda item 6 The board acknowledged the Department of Human Resources’ winning the 2023 Public Risk Innovation, Solutions and Management (PRISM) Exemplary Achievement in Government Leadership and Enrichment (EAGLE) Award for Innovation and Excellence in the Implementation of Risk Management Programs. Hollis McGill and other county employees were present to describe some of the recent innovations and safety projects to guard county employees from potentially hazardous working conditions.
Agenda item 6.1 This item, a presentation by the CAO’s office about funding for the
Yosemite Area Regional Transportation System (YARTS), was deleted and will be continued to a date uncertain. YARTS is the system providing public transportation to Yosemite. At the Jan. 11 meeting, Quintero had asked CAO Nerland if YARTS funding had been cut; the reply was “yes,” and Quintero had asked Nerland for a report.
Agenda item 7 The board voted 4-1 (Brandau the “no” vote) to approve an agreement with DFM Associates, Inc. for continued licensing, maintenance and support of the county’s elections information management system, retroactive to July 1, 2023, for a maximum of five consecutive years.
County Clerk/Registrar of Voters, James Kus, made the presentation. Kus clarified that the base term of the contract was for three years, with two administrative 1-year renewals.
Competitive bidding was waived because it was not feasible, per Kus: the sole possible competitor’s software is not compatible with the county’s system. Kus said that 80% of California counties are also using DFM Associates.
Kus, in his detailed presentation, pointed out that the upcoming primary and special elections, both in March, made a decision on the matter very urgent. March 5 is the presidential primary, and March 19 is a special election for constituents of congressional District 20, to choose a replacement for Kevin McCarthy, who quit his job abruptly at the end of 2023.
When public comment was opened on the item, three people spoke, all of whom have appeared before the board in the recent past to make unsupported or false statements about election outcomes, lawsuits and processes. One of them, Sean Burdine of Clovis, misunderstood what DFM was; he called it a “voting system” and misidentified the March election dates. Another, Cindy Fukuyama, said she wanted “public debate” on the matter. Tammy Richardson of Fresno suggested shortening the term of the contract. Though this item was administrative, the commenters seemed to want to weigh in because the subject was about elections.
Burdine is a frequent commenter at board meetings. He speaks loudly and with confidence, despite making unfounded or questionable statements; typically, he compliments the board with flattering remarks. Today he was upset that election systems were “completely, completely reliant upon computers and machines.”
Some board members appeared sympathetic with the commenters; when Kus clarified that the agreement included a three-year base contract and two extensions of one year each, Magsig said he found that term more “palatable” than a five-year term, even though there was effectively no difference.
Brandau, who has denied the results of the 2020 election and sown doubt about local elections, initially said he would not support the proposal because, he said, he wanted elections to be “transparent.” So, he made a motion that proposals to extend the contract after three years should come back to the board. County Counsel Cederborg explained that would be contrary to the terms of the agreement; the renewals were an internal administrative matter.
In a Freudian slip, Brandau said he would amend his “emotion” to a two-year term.
Pacheco spoke in a heated tone, reminding Brandau that “the lawyer” Cederborg just said the contract did not allow for that, despite his preference to “never giving lawyers much credence.” Pacheco then admonished Brandau, saying that Kus is an elected official and that “you’re not going to penalize him.” Brandau sheepishly said, “Well, I understand that . . .”
Mendes had a loud outburst because he felt he did not get a chance to speak. “You stepped all over me,” he said to Magsig. “Buddy, I know you’re sensitive!” Magsig countered, telling him to “relax.”
Mendes than suggested that Kus could come back to the board in two years with an assessment, and the matter could be revisited but leaving the current agreement intact.
Brandau in a spiteful tone said that because “negotiation in connection with this body was poorly done, I can’t support it today,” and was the sole “no” vote.
Agenda item 8 Director of Public Health David Luchini presented an annual update on the county’s Future of Public Health funding, as required by the state government, which supplies the funds. The county is allocated $6 million annually, 70% of which must be spent on staffing.
A rural mobile health program has provided a variety of medical services to almost 4,000 patients from December 2022 through December 2023, and a rural EMT training program is underway.
Luchini reported on top causes of hospitalization (septicemia, COVID-19, hypertension), leading causes of death (heart disease, COVID-109, cancer) and causes of death with highest growth rate (drug overdose, cirrhosis, homicide). He reported on disparities for Black residents of the county, who had higher rates of infant mortality, sepsis, cancer, kidney disease and other illnesses.
Brandau asked if any COVID-19 deaths had been “reversed,” or if there was any documentation of “vaccine-related” deaths. A member of Luchini’s staff said that there was very little change in the data. Brandau, who was a COVID-19 skeptic, related an anecdote about his sister-in-law, whose heart condition he blamed, without evidence, on the vaccine.
Luchini noted that the vaccination rate for the county was extremely low. “People are not getting vaccinated,” he said, likely accounting for the high hospitalization rate.
Agenda item 9 The board unanimously approved an appeal of the Planning Commission’s denial to create a 2-acre residential parcel from a larger parcel of about 16 acres zoned for agriculture. The land is in District 4.
Agenda item 10 The board voted 4-1, with Magsig the “no” vote, to let stand the Planning Commission’s denial of the construction of a 100-foot cell tower in a rural area of District 5. The land, at Boren Lane and Elwood Road, just under two miles from Yokuts Valley, is zoned for agriculture. Nearly 20 members of the public showed up to comment in opposition to the tower; the property owner was the sole member of the public who spoke in support of it.
Magsig, repeatedly referring to the area as “Squaw” Valley, despite the recent name change, first asked the appellant, an attorney for Verizon, to speak. The Planning Commission’s denial to build was unwarranted, he said. He and colleagues made the simple case for building the cell tower: improved service and coverage in the area with a camouflaged tower that looks like a tree.
Did Verizon’s attorney bring letters of support from CalFire, schools, and other local agencies to demonstrate neighborhood backing, as requested? No, but they would “follow up.” Neither did they bring an engineer who could address residents’ concerns about radio frequencies.
Though the property owner who was first to speak during the public comment period gave the impression that his only opponent was a single “unhinged” neighbor, 11 people who were against the tower spoke and there were at least six to eight people waiting in line who did not get a chance to speak when time ran out. All waiting in line confirmed they opposed the tower in response to a question from Magsig. Among the opponents who spoke was a 12-year-old boy dressed in a suit.
Verizon’s attorney gave a rebuttal. Though “aesthetic” objections were permitted, those expressed were not substantive, he said, and Cederborg concurred: you can’t simply say, “I don’t like the way cell towers look.” If they block a view, that’s different. The subject of radio frequencies was a concern expressed by commenters but could not be considered by the board because limits are determined at the federal level.
Cederborg confirmed that if Verizon wishes to further appeal the matter, the next step is federal court.
Agenda item 11 Supervisors’ reports and comments.
Brandau said that the Fresno County Transportation Authority (FCTA) had chosen a new executive officer (Brandau is a board member). He also noted that the $15 million secured for the San Joaquin River Conservancy will be used on the River West project to build an extensive new trail system, benefitting Fresno and Madera counties.
Mendes complained about having seen Gov. Newsom on a TV show because Newsom, said Mendes, “made a whopper of a false statement by saying that, you know, almonds, a pound of almonds, uses 1,500 gallons of water.” Mendes did not say how much water he thinks it takes to grow almonds.
Quintero had no comment.
Pacheco had no comment.
Magsig noted that the new building of the county library branch in Clovis was moving forward. The project involved a property swap with the county.
Agenda item 12 Board appointments were approved. Brandau made one appointment, Mendes three, and Magsig two individuals to various local committees.
Agenda item 13 Public comment regarding items not on the agenda. There were two commenters. Burdine appeared again. He said that he was “very much a perfectionist” and seemed mortified to have been corrected by James Kus about election dates. He attends “countless hours” of public meetings and this one is always the one “I don’t know, just always the one I’m most satisfied with.” He was “always elated with how well this board represents, you know, local interests.” Magsig replied, “Thank you, Sean. You couldn’t have paid this board a higher compliment. Thank you for your kind words.”
The second commenter was Norman Morrison of Fresno. He said he had been complaining to authorities about traffic on Sunnyside Avenue for years but that “we’ve gotten nowhere.” He described several dangerous scenarios and gave the impression that traffic laws were not enforced. Magsig asked a member of his staff to speak with Morrison.
Closed Session, items 14-19 At 12:33 p.m., the board adjourned to closed session, after which Cederborg said that there would be an announcement. Closed session items included existing litigation and salary negotiation.
At 1 p.m., the board reconvened, and Cederborg said that regarding item 14, the board unanimously authorized approval and settlement of a release agreement involving the city of Reedley, the county of Fresno and the property owner at 850 I St. in Reedley, the site of an illegal bio lab, regarding the building owner’s responsibility for abatement and clean-up costs.
Fresno County will receive about $125,000. The court has authorized CAO Nerland to sign the agreement on behalf of the county. The clerk’s office will have a copy available for review by the public, Cederborg concluded.
Magsig adjourned the meeting at about 1:05.
If you believe anything in these notes is inaccurate, please email us at fresnodocs@fresnoland.org with “Correction Request” in the subject line.
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