13.
Conduct public protest hearing, as required by Public Utilities Code section 6234, for Board of
Supervisors (“Board”) to receive, hear, and pass upon any timely written protests, including any
timely written objections, made by any interested person against Board granting a franchise, up
to 25 years, on a non-exclusive basis (“non-exclusive franchise”), by ordinance, to Toro Energy
of California AA, LLC, (also referred to as Toro Energy), upon annual payment of a franchise fee
to the County, to construct, maintain and use pipes and appurtenances for transmitting derived
gas from Toro Energy’s landfill-gas-to-energy project (“LFGTE Project”) at County’s American
Avenue Disposal Site (“AADS”) for any and all purposes, as allowed by a County-approved
conditional use permit and/or road permit condition, from LFGTE Project at AADS at 18950 W.
American Avenue, Kerman, in, along, across, upon, and under following public streets and
highways within unincorporated area of Fresno County: from the County’s AADS, eastward on
W. American Avenue for approximately 4 miles, and then southward on S. Madera Avenue for
approximately 4 miles, to a PG&E connection location approximately a half of a mile north of W.
Manning Avenue, just east of S. Madera Avenue/SR 145, Kerman; and after conducting and
closing public protest hearing, do following, as determined by Board: a. determine that no timely
written protests, including timely written objections, have been made against Board granting of
non-exclusive franchise to Toro Energy, and Board may proceed to act on recommended action
3; or b. determine that one or more timely written protests, including timely written objections,
have been made against Board granting of non-exclusive franchise to Toro Energy, and have
been heard by Board, and pass upon such protest(s), including such objection(s), as applicable:
i. protest(s), including objection(s), are insufficient; ii. protest(s), including objection(s), are
overruled or denied; or iii. protest(s), including objection(s), are sufficient; and c. if Board
determines that all such protests, including all such objections, are insufficient or overruled or
denied, Board may proceed to recommended action 3; and d. if Board determines that only
some of such protests, including some of such objections, are insufficient or overruled or
denied, Board will determine, under recommended action 2.e., if remaining protests, including
remaining objections, are sufficient; and e. if Board determines that any such protests, including
objections, are sufficient, then Board may grant such protests, and sustain such objections, and
abandon these proceedings; and conduct first hearing, including first reading of an ordinance
granting non-exclusive franchise, as described above, to Toro Energy; Waive reading of
ordinance in its entirety and set second hearing of ordinance for December 3, 2024; and
designate County Counsel to prepare a fair and adequate summary of proposed ordinance;
and direct Clerk of the Board to post and publish required summary in accordance with
Government Code section 25124(b)(1)
CONDUCTED PUBLIC PROTEST HEARING, AS REQUIRED BY PUBLIC UTILITIES CODE SECTION 6234,
FOR THE BOARD TO RECEIVE, HEAR, AND PASS UPON ANY TIMELY WRITTEN PROTESTS, INCLUDING
TIMELY WRITTEN OBJECTIONS, MADE BY ANY INTERESTED PERSON AGAINST THE BOARD GRANTING
OF THE NON-EXCLUSIVE FRANCHISE TO TORO ENERGY. NO PUBLIC TESTIMONY RECEIVED. NO
WRITTEN PROTESTS, INCLUDING WRITTEN OBJECTIONS, RECEIVED. CLOSED THE PUBLIC PROTEST
HEARING. A MOTION WAS MADE BY VICE CHAIRMAN MENDES, SECONDED BY SUPERVISOR QUINTERO,
THAT THIS MATTER BE ACTED ON AS FOLLOWS: DETERMINE THAT NO TIMELY WRITTEN PROTESTS,
INCLUDING TIMELY WRITTEN OBJECTIONS, HAVE BEEN MADE AGAINST THE BOARD GRANTING OF THE
NON-EXCLUSIVE FRANCHISE TO TORO ENERGY, AND THAT THE BOARD MAY PROCEED TO ACT ON THE
FIRST PUBLIC HEARING OF THE ORDINANCE. THE MOTION CARRIED BY THE FOLLOWING VOTE:
5 - Brandau, Magsig, Mendes, Pacheco, and Quintero
Ayes:
