Fresno Mayor Jerry Dyer explained his decision to submit the city’s proposed general tax to the Fresno County elections office last Friday, concerned that the Better Roads, Safe Streets Measure C successor would not appear on the November ballot after all. 

The mayor’s comments come one day before the Fresno County Board of Supervisors is scheduled to potentially place the Better Roads, Safe Streets initiative on the ballot, in the wake of Assembly Bill 1923. 

Driving the news: After Gov. Gavin Newsom signed AB 1923 into law last Thursday, the assumption was that the Better Roads, Safe Streets initiative would be placed on the ballot immediately. 

But Kus was unable to do so without the direction of the Board of Supervisors, which was not scheduled to meet until Tuesday. 

In light of that news, Dyer submitted the city’s half-cent general tax proposal to the county late last Friday to ensure that at least one tax will appear on the ballot. The Fresno City Council voted two weeks ago to place a general tax on the ballot in order to act as a stopgap for transportation funding, with Measure C set to expire in June of next year. The city’s tax will sunset after 10 years or become void if a county-wide half-cent transportation tax is approved in that period. 

What he’s saying: Speaking during a press conference Monday morning, Dyer said he made his decision last Friday after speaking with Kus and after receiving a written legal opinion from City Attorney Andrew Janz, which outlined the risks involved with the city not submitting its measure. 

“As a leader in a position, one of the things you have to do is be decisive and make decisions, and hopefully I’ll never be criticized for inaction,” Dyer said. “I’m sure I’m going to be criticized for making bad decisions, but not inaction. And the other thing is you have to be flexible enough to know when there’s new information that gets brought forward. You have to be flexible enough to be able to change a position or direction, all for the betterment of your city. And I don’t want to do anything that harms the Better Roads, Safe Streets initiative and ballot measure, but also don’t want to do anything that hurts the residents of the City of Fresno. That’s my first and primary responsibility.”  

Dyer said the city council could remove the measure from the ballot, but he has received conflicting information if the deadline to do so is either Tuesday or Wednesday. Such action would require a special meeting with at least 24 hours of public notice, making that very unlikely at this point. 

Dyer also said he thinks there would have been an effort to recall him as mayor had he not submitted the city’s measure to the county and the Better Roads, Safe Streets initiative does not get placed on the November ballot. 

What we’re watching: After ordering a 30-day study on the Better Roads, Safe Streets initiative last month, the Board of Supervisors will consider the measure once again during Tuesday’s meeting. 

Tuesday’s agenda states the board will receive the study and that it “must submit” the measure to the ballot. 

Notably, the agenda says the measure would be placed on the March 2028 ballot, which would be formalized by a resolution. 

The agenda also includes an alternative resolution which would have the board place the measure on the November ballot in compliance with AB 1923, but under protest. It includes language stating that if AB 1923 is ruled to be invalid or unenforceable by a court, then the resolution would be deemed void ab initio. Fresno County Board Chair Garry Bredefeld said last week he intends to ask the supervisors on Tuesday to initiate litigation to challenge AB 1923.