The latest chapter of angst between the city and county of Fresno will play out in a local courthouse.

Thursday, the Fresno City Council announced it is suing Fresno County over the latter’s general plan.

Fresno City Attorney Andrew Janz told Politics 101 that the city “was forced to file this litigation to preserve our claims.”

“It is our position that the County’s environmental report is wholly insufficient and fails to address critical issues affecting City of Fresno residents including water usage and sustainability, housing and sprawl, protection of farmland, transportation, and air quality.  If the City of Fresno is required to play by the rules, then so should the County of Fresno,” Janz said.

The vote to sue was 4-3 in closed session and announced publicly. Councilmembers Miguel Arias, Luis Chavez, Nelson Esparza, and Garry Bredefeld voted in favor; Annalisa Perea, Mike Karbassi, and Tyler Maxwell opposed the lawsuit.

Chavez and Bredefeld are running for the county Board of Supervisors. In the Nov. 5 election, Chavez faces incumbent Sal Quintero in District 5; Bredefeld challenges incumbent Steve Brandau in District 2.

No court hearing date has been set.

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Revenue-Sharing Dispute Stalls Development

The move comes as the city and county have yet to resolve how the two government entities will split tax revenue on infill development in Fresno’s county islands. Also affected: development in the city’s sphere of influence requiring city annexation.

The tax-sharing deal expired in 2020 and has made approval of new residential developments in these specific areas difficult. Without this agreement, the tax sharing must be approved one project at a time by the city and county. The most recent split — 62% to 38% for the county — has been problematic for the city.

Both sides said they desire to negotiate a new deal. At the same time, county and city elected leaders take snipes at their counterparts in comments to the media.

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County Responds to Lawsuit

The lawsuit — filed in Fresno County Superior Court — accuses the county of violating the state’s environmental reporting laws known as CEQA, and violating state planning and zoning laws.

The League of Women Voters, and another nonprofit, Central Valley Partnership, combined to file a similar but separate lawsuit against the county.

“We haven’t seen the complaint yet. The County engaged all stakeholders, including the City of Fresno, in a lengthy comment process prior to the approval of the General Plan and appropriately addressed all legally required elements in the Plan,” county spokesperson Sonja Dosti said.

The county Board of Supervisors voted 5-0 on Feb. 20 to update its general plan.

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