EXHIBIT A
CITY OF FAIRFIELD
PROCEDURES FOR THE CONDUCT OF A
PUBLIC HEARING AND MAJORITY PROTEST PROCEEDINGS RELATING TO PROPOSED INCREASES AND MODIFICATIONS TO THE CITY’S
WATER RATES
The following procedures have been adopted by the City Council of the City of Fairfield for the purpose of conducting a public hearing and majority protest proceedin gs required by Article XIII D of the California Constitution for consideration of proposed increases and modifications to the City’s water rates and for the purpose of establishing an exhaustion of administrative remedies requirement pursuant to Government Code Sections 54759.1 and 54759.2.
June 17, 2025
11245-0001\3114354v1.doc 1
I. Definitions
1. “Customer of Record” means the person whose name appears on the City’s records as the person who contracted for, and became obligated to pay for, water service for the Identified Parcel , and includes tenants of Identified Parcels who are directly liable to pay the City’s water rates.
2. “Identified Parcel” means the parcel of real property to which the City’s Proposed Water rates will apply.
3. “Proposed Water Rates ” means the City’s water rates, as proposed to be increased and modified.
4. “Record Owner” means the owner of an Identified Parcel whose name and address appears on the last Solano County equalized secured property tax assessment roll (the “Assessment Roll”), or in the case of any public entity, the State of California, or the United States, means the representative of that public entity at the address of that entity known to the City.
5. “Exhaustion of Administrative Remedies Requirement” means the written objection requirement under Section III.
II. Conduct of Public Hearing - Majority Protest Proceedings A. Eligibility to File a Written Protest
1. Any Customer of Record or Record Owner may file a written protest against the Proposed Water Rates.
2. If the owner of an Identified Parcel is not shown on the Assessment Roll, such owner may file a written protest for such parcel by filing with the City Clerk a proxy from the Record Owner in a form satisfactory to the City Attorney or evidence of ownership satisfactory to the City Attorney. Any such proxy or evidence must be received by the City Clerk prior to the conclusion of the public hearing on the Proposed Water Rates (“Public Hearing”).
3. When an Identified Parcel is held by a partnership, as community property, in joint tenancy, or as a tenancy in common, any partner, spouse, joint tenant, or tenant in common, as the case may be, may file a written protest for such parcel.
4. An executor, administrator, or guardian may file a written protest for an Identified Parcel on behalf of the estate it represents. If such representative is shown on the Assessment Roll as paying taxes and assessments levied against the parcel, that fact shall establish the right of such representative to file the written protest. If such representative is not shown on the Assessment Roll, the representative must file with the City Clerk written
documentation satisfactory to the C ity Attorney establishing the legal representation. Any such documentation must be filed with the City Clerk prior to the conclusion of the public hearing.
5. When the Customer of Record is, or an Identified Parcel is held by , a corporation or unincorporated association, a written protest may be filed by any person authorized in writing by the board of directors or trustees or other managing body thereof to take such action. The corporation or unincorporated association must file with the City Clerk written authorization satisfactory to the City Attorney. Any such written authorization must be filed with the City Clerk prior to the conclusion of the public hearing.
B. Submission of Written Protests
1. Written protests against the Proposed Water Rates must be emailed, mailed or delivered in person to the City Clerk at City Hall or delivered in person to the city clerk at the public hearing prior to the conclusion of the public hearing.
2. To be counted in determining the existence of a majority protest against the Proposed Water Rates (“Majority Protest”) , e ach written protest must : (i) clearly state opposition to the Proposed Water Rates , (ii) identify the property(ies) covered by the protest either by street address (es), assessor’s parcel number(s), or other clear identification of the property (ies); and (iii) include the legibly printed name and a signature of the Customer of Record or Record Owner that is filing the written protest. No protest submitted orally or by fax will be counted in determining the existence of a Majority Protest.
A separate written protest may be submitted for each Identified Parcel, or a written protest may be submitted that identifies multiple Identified Parcels.
3. No protest received after the close of the public hearing shall be counted in determining the existence of a majority protest. The last pick-up by the city clerk of protests emailed, mailed or delivered to the city clerk at City Hall will occur at 5 p.m. on the date scheduled for the public hearing. To ensure that protests which are emailed, mailed or delivered to the city clerk at City Hall are received by the city clerk prior to the close of the public hearing, such protests must be received by the city clerk at City Hall prior to 5 p.m. on the date scheduled for the public hearing. The city clerk shall endorse on each written protest the date it is filed with the City. The city clerk shall identify any written protests which are received after the closure of the public hearing.
4. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing by the pe rson who submitted the written protest.
C. Conduct of the Public Hearing; Determination of the Existence of a Majority Protest
1. At the time, date and place fixed for the public hearing, the council shall:
Hear a staff presentation pertaining to the proposed water rates.
Hear all persons interested in the matter of the proposed Water rates; and
Receive all written protests regarding the proposed water rates.
2. The existence of a majority protest will be determined for the proposed water rates. For the purpose of determining whether a majority protest exists, only one written protest for each Identified Parcel will be counted. This means that if a Customer of Record and a Record Owner each file a written protest with respect to the same parcel, only one written protest will be counted in determining the existence of a majority protest.
3. The public hearing may be continued from t ime to time, as the council determines is necessary to complete its consideration of the proposed water rates.
4. If the council determines at the close of the public hearing that valid written protests have been presented, and not withdrawn, representing over 50% of the Identified Parcels subject to the proposed water rates, then the council shall not approve the proposed water rates.
5. If the council determines at the close of the public hearing that a majority protest does not exist, then the council may adopt the Proposed Water Rates.
III. Exhaustion of Administrative Remedies Requirement
A. Exhaustion of Administrative Remedies Procedures
If the City complies with the procedures described in subparagraphs (1) through (6) of this Paragraph A prior to the conclusion of the public hearing, a person or entity shall be prohibited from bringing a judicial action or proceeding alleging noncompliance of the proposed water rates with Article XIII D of the California Constitution, unless that person or entity has timely submitted to the City a written objection to the proposed water rates that specifies the grounds for alleging noncompliance:
1. Make available to the public the proposed water rates no less than 45 days prior to the deadline for a ratepaye r to submit a written objection, as established by the City pursuant to subparagraph 4.
2. Posts on its internet website a written basis for the proposed water rates and include a link to the internet website in the writte n notice of the public hearing.
3. Mails the written basis for the proposed water rates to a property owner upon request.
4. Provides at least 45 days for a property owner to review the proposed water rates and to timely submit to the City a written objection to the Proposed Water Rates that specifies the grounds for alleging noncompliance.
5. Considers and responds in writing, including the grounds for which a challenge is not resulting in amendments to the proposed water rates, to any timely submitted written objections prior to the closing of the public hearing.
The City’s response shall explain the substantive basis for retaining or altering the proposed water rates in response to the writte n objection. Timely submitted written objections and City responses shall be presented to t he council for consideration prior to or during the public hearing.
6. Includes in the written notice of the public hearing, a prominently displayed statement that contains the following information:
That all written objections must be submitted within the written objection period set by the City and that a failure to timely object in writing bars any right to challenge the proposed water rates through a legal proceeding.
All substantive and procedural requirements for submitting a written objection to the proposed water rates.
B. City Council Responses
In exercising its legislative discretion, the council shall determine any of the following:
1. Whether the written objections and the council’s response warrant clarifications to the proposed water rates.
2. Whether to reduce the proposed water rates.
3. Whether to further review before making a determination on whether clarification or reduction is needed.
4. Whether to proceed with the public hearing.
C. Submission of Written Objections
1. Written objections must be emailed or mailed to the city clerk at City Hall or delivered in person to the city clerk at City Hall and must be received by 5 p.m. on the day of the deadline for submitting written objections established by the City pursuant to subparagraph 4 of Paragraph A.
2. Each written objection must clearly specify the grounds for alleging noncompliance of the proposed water rates with Article XIII D of the California Constitution.