Fresno County moves toward anti-camping ordinance they say doesn’t target the homeless. Critics disagree

Fresno County on Tuesday unanimously approved plans to implement an anti-encampment ordinance, joining the City of Fresno at the forefront of a new push to remove homeless encampments in the wake of a recent Supreme Court ruling.

The ordinance’s ratification is likely to happen at the next Board meeting on Aug.20, with enforcement expected to begin 30 days later. 

The legal right comes after the U.S. Supreme Court’s Grants Pass ruling in June. 

District 2 Supervisor Steve Brandau introduced the county ordinance in July and worked on the 2017 Fresno City Council ordinance while serving as a councilmember. Brandau said he’s noticed a shift in the public’s attitude toward encampment clearing in recent years.

“Even people who were previously against no-camping ordinances realized that they are a valuable tool,” Brandau said.

“People are realizing, even in very progressive cities, that sometimes you need some of these laws to help people help themselves, and help people move toward services when they can obstinately refuse,” Brandau added.

Once considered a conservative policy, the country has seen high-ranking politicians on both sides of the political aisle support issuing anti-camp laws.

California Democratic Gov. Gavin Newsom praised the Supreme Court’s Grants Pass ruling. Newsom also issued an executive order last month encouraging local jurisdictions to use their newly gained legal powers to create anti-encampment policies. He cannot force local jurisdictions to do so.

Fresno County’s anti-camping ordinance would include penalties for violations that include up to six months of jail time and $5oo in fines.

The Board and Fresno County Sheriff John Zanoni said that the penalization aspect of the ordinance would only be considered as a “last resort,” and the policy’s ultimate goal is to funnel campers toward supportive services and permanent housing.

The Board and County staff pushed back against criticism that the ordinance targets homeless individuals by saying that the new law would equally target anybody sleeping and camping in public spaces. 

Most people who build encampments are homeless.

Unlike the City of Fresno’s ordinance hearing — which lasted nearly six hours mostly due to a mass influx of public speakers — the Board caps their public comment period to 15 minutes. The Tuesday public comment period over the ordinance was extended to nearly double, however, to allow community members to voice their thoughts on the proposed law.

Jacob Zalian is a pastor at Set Free Church in Sanger. Zalian said his church goes out into the community to help homeless residents reach supportive services. 

“It’s so easy to stay [outdoors] because they’re comfortable there,” Zalian said. “We have to make it uncomfortable so that they’ll want to change.

“The concerns about supporting this, is if you were to support without putting up options for them, where are they going to get help?” Zalian added.

He said he believes the county should connect with local non-profit organizations for help with outreach.

Andrea Robinson said she was a county resident using county supportive services. Robinson said the services are for a limited time, and she’ll need to leave in a week. She wonders what Fresno County’s anti-camping will force her to do with no access to housing.

“I’m in one of your resources,” Robinson said. “And you’re telling me that within a week me and mines have to go? Where we going to go?”

Jason Crockford, a public defender for Fresno County, also said he believes the policy, as currently written, may lead to law enforcement targeting individuals who are not violating the process. 

“[The] ordinance prohibits people from ‘sitting, lying, or sleeping’,” Crockford said. “I acknowledge that this ordinance applies to everybody equally, but it may cause enforcement problems for the county.”

Brandau said there is “never enough funding” for supportive services to take care of everyone. 

“It’s not a role of the U.S. government, or the state, to provide a house for every single person,” Brandau said. “I can see the day when that changes, but right now…it’s not our role to provide funding for everybody in all circumstances to have a house.

“If we took all the money for roads and everything else we need to accomplish and still put it all in homelessness, it’s not enough funding,” Brandau added. “So we got to get over that really high bar that some folks want to hold us to.”

Brandau also said, in response to Crockford’s comments, that there needs to be trust in local law enforcement to make the “critical decisions” to appropriately enforce Fresno County’s anti-camping ordinance.

District 3 Supervisor Sal Quintero said his support for the ordinance comes after hearing from his constituents, who say their way of life has changed dramatically due to increased encampment presence in the area. Examples ranged from the elderly residents afraid to go shopping for groceries, and parents anxious about sending children to school alone.

Supportive housing development gets final extension

Also on Tuesday, the Fresno County Board of Supervisors issued an ultimatum for a supportive housing project in Old Fig Garden after a resolution to terminate the development came before the county. 

The resolution said the project was not viable due to insufficient funding. County staff also said the project, as it currently stands, could pose a danger to the community given potential access issues for emergency services.

“I cannot support any project that creates a future public safety hazard,” said Nathan Magsig, chair of the Fresno County Board of Supervisors.

The proposed project is the Libre Commons — a $56 million 86-unit housing development that will set aside 42 units for people suffering from mental illness or chronic homelessness. The Commons, which would be developed by UpHoldings and Self-Help Enterprises, would be on the southeast corner of the North Glenn Avenue and West Shaw Avenue intersection. 

The development, which has been in the works since 2019, drew initial support from the county in 2022 after the Board applied for the state’s No Place Like Home funding. The development was eventually granted $12 million. The City of Fresno also committed $3 million toward the project. 

However, Brandau brought forward a resolution to withdraw support following issues with reaching full funding. The city of Fresno also reallocated its initial $3 million funding pledge. The county also had to request the California Department of Housing And Community Development to extend the initial deadline to use the NPLH funding to get it to its current deadline of January 2025. 

Jessica Hoff Berzac, co-president of UpHoldings, said that projects like the Commons often take time to reach full funding. Berzac also added, however, that many of the claims made in the resolution were inaccurate — such as describing the project as having 123 housing units when it actually has 86 units — and asked the Board to either continue supporting the project or table the matter Tuesday for further discussion.

Berzac also said the decision to kill the project would be reckless given Fresno County’s anti-camping ordinance. If the main goal of the ordinance is to direct people to supportive services, like housing the Commons would offer, she said, it would be hypocritical to shutter the project.

“In light of recent state and local actions regarding our encampments, there has never been a more important time to create permanent housing,” Berzac said. “Otherwise, where can we clear people?

Berzac also said that, in a letter in February, Fresno Mayor Jerry Dyer expressed continued support for the Commons, albeit no longer with the funding pledge. Berzac said during the hearing that she recently confirmed with the city that the support still exists. 

Brandau’s resolution failed in a 1-4 vote, with all other supervisors voting against it. Magsig brought forward a resolution on the fly by amending Brandau’s. The amendment allows for continued county support on the condition that the developers secure the remaining funding by the January 2025 deadline. 

The resolution passed 4-1 with Brandau being the sole opposing vote.

Millerton development clears hurdle

The Fresno County Board of Supervisors also unanimously upheld the county planning commission’s approval of a new housing development in Millerton. 

The 23-acre development will be a 200-unit housing complex that was initially planned to be a hotel and conference center. It will be on the southwest corner of the Millerton Road and Marina Drive intersection — approximately three miles east of Friant. 

Four public commenters spoke in total — all in opposition to the project. Commenters described the development as an urban project in a rural setting.

“Putting something like this out there in this neighborhood, all you’re going to do is increase traffic,” said a commenter who did not share his name with the Board. “And there’s more potential for accidents. I’m just scared that one day there will be [an accident] for my family.”

Magsig, who represents the district, said that the Millerton Newtown area had 2,00 housing units approved in the 1980s. Only 450 units have been completed since.

“My goal is to try and make that area complete,” Magsig said. “What was approved in 2004…is a more intensive use than what is being proposed today.”

Though Magsig understood traffic concerns, he and the rest of the Board ultimately sided with the developer. 

Williamson Act advisory board in no more

The Fresno County Board of Supervisors also dissolved the Agricultural Land Conserve Committee through the consent agenda on Tuesday.