Public Works and Planning
12.
Conduct public protest hearing, as required by Public Utilities Code section 6234, for the 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 the Board granting a
franchise, up to 25 years, on a non-exclusive basis (the “non-exclusive franchise”), by
Ordinance, to RT Diversified, Inc. (“RTD”), upon annual payment of a franchise fee to County, to
construct, maintain and use pipes and appurtenances for transmitting water and wastewater to
service Clovis Unified School District’s (“CUSD”) Terry Bradley Education Center (“Bradley
Center”), in, along, across, upon, and under approximately 4.8 miles of the following public
streets and highways within unincorporated area of Fresno County: from existing City of Fresno
water main at McKinley Avenue, east of Temperance Avenue, eastward on E. McKinley Avenue,
and then Northward on N. Leonard Avenue, to Shields Avenue, westward on Shields Avenue to
a Shields and Locan terminus where City is in process of installing water and sewer mains, and
along streets surrounding Bradley Center of Leonard, Weldon, Highland, and Princeton
Avenues; After conducting and closing public protest hearing, do the following, as determined
by the Board: a. determine that no timely written protests, including timely written objections,
have been made against the Board granting of non-exclusive franchise to RTD, and the 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 the Board granting of
non-exclusive franchise, and have been heard by the 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 the Board determines that all such protests, including all
such objections, are insufficient or overruled or denied, the Board may proceed to
recommended action 3; d. if the Board determines that only some of such protests, including
some of such objections, are insufficient or overruled or denied, the Board will determine, under
recommended action 2.e., if remaining protests, including remaining objections, are sufficient;
e. if the Board determines that any such protests, including objections, are sufficient, then the
Board may grant such protests, 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 RTD; waive reading of the Ordinance in its entirety and set second hearing
of Ordinance for August 5, 2025 and designate County Counsel to prepare a fair and adequate
summary of proposed Ordinance; and direct the Clerk of the Board to post and publish
required summary in accordance with Government Code section 25124(b)(1)
PRIOR TO BOARD DISCUSSION, SUPERVISORS PACHECO, BREDEFELD, AND MAGSIG RECUSED
THEMSELVES UNDER THE LEVINE ACT. DUE TO A LACK OF QUORUM, THE THREE CONFLICTED
SUPERVISORS DREW LOTS, WHICH RESULTED IN SUPERVISOR PACHECO PARTICIPATING PURSUANT
TO THE RULE OF NECESSITY. CONDUCTED PROTEST HEARING, AS REQUIRED BY PUBLIC UTILITIES
CODE SECTION 6234. NO PUBLIC TESTIMONY RECEIVED. NO WRITTEN PROTESTS OR OBJECTIONS
RECEIVED. CLOSED THE PUBLIC PROTEST HEARING. A MOTION WAS MADE BY SUPERVISOR
PACHECO, SECONDED BY SUPERVISOR CHAVEZ, 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 RT DIVERSIFIED,
INC.; AND PROCEED TO THE FIRST PUBLIC HEARING OF THE ORDINANCE. THE MOTION CARRIED BY
THE FOLLOWING VOTE:
3 - Chavez, Mendes, and Pacheco
Ayes: