In a unanimous vote on April 8, the Fresno County Board of Supervisors advanced a new ordinance, brought by District 2 Supervisor Garry Bredefeld and District 5 Supervisor Nathan Magsig, aimed at curbing rampant copper-wire theft, a scourge particularly on the agricultural community in Fresno County.
The ordinance classifies such theft as a misdemeanor, punishable by a $1,000 fine and up to 180 days in jail.
The ag industry is dependent on copper conductive lines and cables to convey electricity to their farm operations, while their rural locations make easy targets for thieves who sell the wire for scrap. The cost to victims of repairing the resulting damage to infrastructure, whether agricultural or otherwise, far outpaces the dollar amount thieves get by selling the metals at recycling plants, and some farmers who have experienced repeated thefts have consequently had difficulties renewing insurance coverage.
When asked by Chair Buddy Mendes (District 4) to introduce the item, a plotzing Bredefeld began reading eagerly from a lengthy prepared statement about the need to “crack down” on this specialized theft, noting the millions of dollars in damage to farms and businesses and victims’ “desperation.”
The ordinance will prohibit receipt and transportation of commercial-grade scrap metal and copper wire with protective sheathing removed (or “stripped”—the sheathing also identifies the owner), Bredefeld noted. When he finished reading his speech, he thanked a long list of people—as if accepting an award—including “my co-sponsor Nathan Magsig,” effectively diminishing Magsig’s role.
Magsig’s remarks highlighted the substance of the ordinance, pointing out that it was months in the making and would focus on individuals who steal—not on recyclers.
Sheriff John Zanoni was present to testify that about 20 people are committing 80% of the thefts, and most of the victims are farmers, though telecommunications and building industries are also affected. He emphasized that thieves might sell a few pounds of stripped copper wire for three or four dollars per pound, but victims must spend thousands, sometimes tens of thousands, to repair damage.
District 3 Supervisor Luis Chavez asked what could be done with this ordinance that can’t be done now. Zanoni explained that now an officer must be able to prove that the wire is stolen, but this ordinance will enable them to seize the wire (if there is at least 10 pounds of it) and either cite or arrest the suspected thief.
Now, when a thief takes stolen wire to a recycler, it stays there for three days and, if unclaimed, is exchanged for cash. However, when the identifying sheathing is stripped off, it is impossible to name the wire’s owner.
“We really need to go after these folks,” Chavez noted. “It’s been a problem for a long time.”
Zanoni said that the ordinance was not a panacea but, mixing his metaphors, a “tool in the toolbox” and a plug for a “hole in the dam.”
District 1 Supervisor Brian Pacheco questioned whether the terms of the ordinance would violate existing state law and pointed out that District Attorney Lisa Smittcamp had expressed “consternation” about it. Smittcamp’s office issued a statement warning supervisors that the ordinance might “violate state preemption laws” and that input from Attorney General Rob Bonta would be in order when prosecutions are referred to her office.” The DA did, however, express her support of the “intent behind the ordinance.”
Zanoni responded that “until the attorney general gives us a ruling” on the matter, to mitigate liability, wire could be seized, and suspects could be issued a citation, but not arrested. He touted this approach as a compromise to reduce conflict with existing state laws, noting the support meanwhile from the County counsel and the Fresno city attorney.
Pacheco, turning to Bredefeld, asked if anyone had actually consulted the Attorney General’s Office. As soon as Bredefeld started speaking, it was clear that he was not going to answer the question. He talked in avoidant and defensive terms—he had consulted County counsel, the City attorney, the DA, focusing on “the possession aspect of this.” He said that Magsig had asked the County counsel “many times” if the ordinance was “defensible,” and he thought the answer was “yes.”
Bredefeld’s long-winded justification for not having consulted the AG’s office continued: “We can continue to twist in the wind, to clutch pearls,” and ignore victims’ concerns for “fear of what an attorney general might say,” he rationalized.
It was a better choice, per Bredefeld, to “take the bull by the horns.” He appeared anxious as he repeated the phrases “clutch pearls” and “worry about an attorney general” multiple times. Anyway, Bredefeld reasoned, the AG was “pro-criminal,” so why talk to him?
Magsig weighed in and noted that individuals who steal copper wire typically have outstanding warrants for other offenses, so while they can be issued a citation for suspected wire theft, they will likely be arrested on other charges. He repeated the “tool in the toolbox” metaphor and said this was the right one.
Mendes, fond of the folksy but fatuous anecdote, lectured that “criminals are lazy,” that they will “hit the easy stuff,” but often they do “amazing things” such as marshal heavy equipment to pull out wires from deep underground. He then attacked the state government, calling it the “Supreme Soviet in Sacramento,” a phrase he cites regularly.
“They love criminals,” he said, grinning and twisting a pen in both hands. He added, “We’re shackled by these crazy people in Sacramento!” The question about consulting the state AG hung in the air.
Pacheco, the pragmatist, said that “realistically, this requires a legislative fix, not a county ordinance.” However, he added that issuing citations rather than making arrests was an acceptable compromise to circumvent conflicting state law, and hence he could support the ordinance.
Fresno City Council President Mike Karbassi was present to say that the City of Fresno would introduce a similar ordinance “in lockstep” with the County’s. Karbassi said, “If Rob Bonta wants to help us, we’ll meet him with open arms,” but if not, he should “get out of the way.”
Bredefeld again seized the floor to resume his complaints: Yes, there was state law to consider, but we as a county are not “helpless!” His many repetitions of “we shouldn’t clutch our pearls” and “we shouldn’t worry about what the attorney general thinks” raised suspicions about his level of anxiety.
He insisted that “we know” there will be no state legislation on the matter. He protested to Pacheco that he “appreciated the feedback, nothing wrong with feedback.” He continued for several minutes to defend the need for the ordinance, even though no one was opposing it. “If we wait for the state, thieves will steal every day!” he bellowed. Clearly, consulting the AG’s office was something he rationalized avoiding.
Fresno County Farm Bureau CEO Ryan Jacobsen commented that copper-wire theft has a “meth connection,” suggesting that thieves were addicts looking for quick cash.
Nisei Farmers League President Manuel Cunha was present to support the ordinance and joked about Floridians with similar issues using an alligator named “Joey” to “take care of the problems.” “Joey” thereafter became a running joke, suggesting that everyone had a lot of aggression to conceal. Cunha also suggested that Fresno County should host all the counties in the Central Valley for a collaborative meeting about the issue.
While other California counties—such as Los Angeles—and some individual cities have had copper-wire theft prevention strategies and laws in place for more than a year, including arrests of recyclers who accept stolen materials, these precedents were not acknowledged by anyone.
Notably, despite Bredefeld’s confident assertion that “we know” there will “never” be statewide legislation on the matter, it happens that such a bill is now in committee in the state legislature, but none of the supervisors or staff appeared to be aware of this longed-for “legislative fix.” Authored by Assembly Member Esmerelda Soria (D–Fresno), AB 1218 would create a statute making possession of copper materials a crime if a person can’t provide evidence of lawful ownership.
State law currently requires a thief to be essentially “caught in the act,” a spokesperson for Soria said, expressing surprise that the supervisors knew nothing about her bill.
If Soria’s bill becomes law, persons trying to sell copper wire for scrap must present proof that it belongs to them, and punishment will be far more stringent than what the County’s ordinance calls for, with fines up to $10,000 and imprisonment for up to a year.
Soria’s spokesperson noted that though the Assembly Member was aware of the County’s ordinance, the opposite did not seem to be true.
