Fresno Mayor Jerry Dyer said Friday that the city filed its own transportation sales tax measure for the November ballot on Aug. 7, citing uncertainty over whether the countywide “Better Roads, Safe Streets” measure would qualify in time. File photo
The City of Fresno filed its own transportation sales tax measure for the November ballot after learning that the countywide “Better Roads, Safe Streets” measure had not yet qualified — despite Gov. Gavin Newsom signing legislation a day earlier meant to place it before voters.
In a statement, the city said it learned on Aug. 7 — its filing deadline with the Fresno County Clerk’s Office, that the countywide measure still requires action by the Fresno County Board of Supervisors next week — a procedural step that falls after the deadline to qualify for the ballot.
Procedural action needed
Although the Legislature and governor approved AB 1923, the city said additional procedural action is still required before the “Better Roads, Safe Streets” measure can officially be placed on the November ballot. The city said that while it anticipates the matter may eventually be resolved, there was no certainty as of its deadline that the countywide measure would be added.
The city said it had always intended its own general sales tax measure to serve as a contingency plan. Until Thursday, the city believed the state’s actions on AB 1923 would allow the countywide measure to make the ballot by the deadline, according to the statement. After receiving updated information and legal guidance, the city said it determined it could not risk leaving Fresno residents without a measure on the November ballot.
How the contingency measure works
The city’s measure includes language that automatically nullifies it if the “Better Roads, Safe Streets” measure is approved by voters. If both appear on the ballot, the city’s measure would become void should the countywide initiative pass.
Why the countywide measure stalled
The city said that under the process being followed by the County Clerk’s Office, the countywide measure cannot be placed on the November ballot until the Board of Supervisors takes formal action, which may be scheduled for Tuesday. The city said the County Clerk confirmed that information.
The city said there is no indication the board will support moving the measure forward. It said County Counsel has publicly stated his professional opinion that the state’s action was not lawful, leaving the city with no reason to expect the board’s support and reason to anticipate further delays.
A $65 million risk, the city says
The city framed the situation as a $65 million risk to Fresno residents — the possibility that they could be left with no transportation funding measure on the November ballot at all.
The city said it waited until the final hours before the filing deadline to give the “Better Roads, Safe Streets” effort every opportunity to move forward.
Dyer: ‘One of the most difficult decisions’
“This has truly been one of the most difficult decisions I’ve faced as Mayor. I know that submitting the City’s measure today may disappoint my fellow mayors throughout the county, and that weighs heavily on me,” Mayor Jerry Dyer said. “But I want to reassure them — and all of our partners — that this choice in no way diminishes my support for the Better Roads, Safe Streets measure, a countywide initiative I am confident will improve every one of our communities, and I remain fully committed to seeing it succeed. Please try to understand, my responsibility, first and foremost, is to the residents of the City of Fresno, and given the new information we learned today, this was the only responsible path to ensure a transportation funding option remains available to Fresno voters in November.”