DATE: September 22, 2026
TO: Board of Supervisors
SUBMITTED BY: Douglas T. Sloan, County Counsel
SUBJECT: Indemnification Agreement with Riverbend Sand and Gravel, LLC
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute Indemnification Agreement with Riverbend Sand and Gravel, LLC, as required by a condition of approval of Unclassified Conditional Use Permit No. 3390.
REPORT
There is no increase in Net County Cost associated with the recommended action. Approval of the recommended action will satisfy a condition imposed by your Board on June 2, 2026, requiring Riverbend Sand and Gravel, LLC (Applicant) to enter into an indemnification agreement related to Unclassified Conditional Use Permit No. 3390 (UCUP No. 3390). This item pertains to a location in District 4.
ALTERNATIVE ACTION(S):
There are no viable alternative actions. As approved by your Board on June 2, 2026, the recommended action is necessary to satisfy a condition of approval of UCUP No. 3390.
FISCAL IMPACT:
There is no increase in Net Conty Cost associated with the recommended action. Pursuant to the Indemnification Agreement, the Applicant will be responsible for all costs associated with the defense of legal challenges covered by the Agreement. If the County elects, in its sole discretion, to separately participate in the defense of such action, the County would be responsible for its own attorney’s fees and costs.
DISCUSSION:
On February 26, 2015, UCUP No. 3390 was approved by the County of Fresno Planning Commission. UCUP No. 3390 permits an aggregate mining operation on 619 acres of a combined 833 acres of property.
On April 23, 2024, the Applicant submitted a letter asserting that vested rights had been established for UCUP No. 3390. County staff responded on May 31, 2024, determining that substantial development had not occurred and that UCUP No. 3390 had expired. The Applicant later submitted a Grading Permit application on January 2, 2025, which staff rejected on November 5, 2025, reaffirming that substantial development had not occurred and no vested rights existed. The Applicant appealed the rejection on November 20, 2025, and on February 11, 2026, the Director of Public Works and Planning upheld staff’s determination that UCUP No. 3390 had expired. On February 26, 2026, the Applicant further appealed the Director’s determination to your Board.
On June 2, 2026, following the appeal by the Applicant, your Board determined that substantial development had occurred and that UCUP No. 3390 had not expired.
As a condition of your Board’s June 2, 2026 action regarding UCUP No. 3390, the Applicant is required to defend and indemnify the County against all legal challenges filed against the County related to the project. The recommended Agreement will satisfy this indemnification condition of approval.
REFERENCE MATERIAL:
BAI #12, June 2, 2026
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Indemnification Agreement
CAO ANALYST:
Amy Ryals