CITY OF FAIRFIELD
RESOLUTION NO. 2025-119
ADOPTING PROCEDURES FOR THE CONDUCT OF A PUBLIC HEARING AND MAJORITY PROTEST PROCEEDINGS RELATING TO PROPOSED INCREASES AND MODIFICATIONS TO THE CITY’S
WATER RATES IN ACCORDANCE WITH ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION, THE PROPOSITION 218 OMNIBUS IMPLEMENTATION ACT, AND GOVERNMENT CODE SECTIONS 53759.1 AND 53759.2
WHEREAS, Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act (Government Code Section 53 750, et seq. ) (Implementation Act) impose certain procedural and substantive requirements for imposing new or increased property-related fees and charges, as defined in Article XIII D (rates), including the requirement to conduct a public hearing and majority protest proceedings for consideration of new or increased rates; and
WHEREAS, Government Code Sections 53759.1 and 53759.2 provide for an optional exhaustion of administrative remedies requirement in connection with imposing new o r increased water rates if the City complies with certain requirements; and
WHEREAS, neither Article XIII D of the California Constitution nor the Implementation Act provide specific guidance for the conduct of the public hearing and majority protest proceedings; and
WHEREAS, consistent with Article XIII D, the Implementation Act, and Government Code Sections 53759.1 and 53759.2, the City Council desires to adopt procedures for the conduct of a public hearing and majority protest proceedings and provide for an exhaustion of administrative remedies requirement in connection with pr oposed increases and modifications to the City’s water rates.
NOW THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. In accordance with Article XIII D , the Implementation Act, and Government Code Sections 53759.1 and 53759.2 the council hereby approves the Procedures for the Conduct of a public hearing and majority protest Proceedings Relating to Proposed Increases and Modifications to the City’s Water Rates, as set forth in Exhibit A , attached hereto and incorporated herein by reference (the “Procedures”).
Section 2. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED this 17thday of June 2025, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
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MAYOR
ATTEST:
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CITY CLERK