CITY OF FAIRFIELD
RESOLUTION NO. 2025-196
RESPONDING TO WRITTEN COMMUNICATIONS IN CONNECTION WITH PROPOSED INCREASES AND MODIFICATIONS TO THE CITY’S WATER RATES RECEIVED BY THE CITY’S DEADLINE FOR
SUBMITTAL OF WRITTEN OBJECTIONS TO THE PROPOSED WATER RATES PURSUANT TO ASSEMBLY BILL 2257
WHEREAS, the City of Fairfield has a Municipal Water Utility that provides water services to residents and businesses; and
WHEREAS, the City’s Water Utility operational maintenance and capital improvement costs have increased substantially since the last rate increase in 2021 and are estimated to continue increasing significantly; and
WHEREAS, the City’s currently established water rates are not adequate to meet increasing operating, maintenance and capital improveme nt costs and required debt service coverage rations in connection with the City’s water bonds; and
WHEREAS, the City’s consultant, Bartle Wells Associates, has conducted a Water Rate Study for the Water Utility Enterprise funds to ensure the financial hea lth of the Municipal Water Utility; and
WHEREAS, an overview of the Water Rate Study, including recommendations for proposed increases and modifications to the City’s water rates, was presented at the June 17, 2025, City Council meeting and the draft Water Rate Study was placed on file in the office of the City Clerk and available for public inspection; and
WHEREAS, in order to increase and modify the City’s water rates, the City must comply with Article XIII D of the California Constitution, more commonly known as Proposition 218; and
WHEREAS, on September 25, 2024, Governor Newsom approved State Assembly Bill 2257 (AB 2577), effective January 1, 2005, which added Sections 53759.1 and 53759.2 to the California Government Code and created an exhaustion of administrative remedies requirement that, if implemented by the City, requires persons and entities to submit a written objection that specifies the grounds for alleging noncompliance of the proposed water rates with Proposition 218 prior to the deadline established by the City, or be barred from any right to challenge the water rates through a legal proceeding; and
WHEREAS, on June 17, 2025, the council adopted Resolution No. 2025-119, adopting procedures establishing an exhaustion of administrative reme dies requirement in compliance with the provision of AB 2257 in connection with the proposed water rates, and the City complied with RES. NO. 2025-196
such procedures, including by providing not less than 45 days from the date of mailing the notice of the Public Hearing for persons and entities to submit to the City a written objection to the proposed water rates pursuant to AB 2257; and
WHEREAS, as of the deadline set forth in the notice of the Public Hearing for submitting written objections pursuant to AB 2257 (August 27 , 2025), the City received eight written communications, which are set forth in Exhibit A, attached hereto and incorporated herein (the “Communications”); and
WHEREAS, because none of the Communications specify grounds for alleging noncompliance of the proposed water rates with Proposition 218, as required by AB 2577 in order to constitute written objections for purposes of exhausting administrative remedies, the council’s procedures do not require the council to respond in writing to the Communications by stating the grounds for which a challenge is not resulting in amendments to the proposed water rates and explaining the substantive basis for retaining or alterin g the proposed water rates in response to the Communications; and
WHEREAS, the council nonetheless desires to adopt this Resolution to set forth Communications.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The recita ls set forth in this Resolution are true and correct and incorporated by reference.
Section 2. The council hereby acknowledges the opposition to the proposed water rates expressed in the communications and hereby determines that the Communications do not warrant clarifications or reductions to the proposed water rates, further review to determine whether clarifications or reductions are needed, or a delay of the Public Hearing.
RES. NO. 2025-196
PASSED AND ADOPTED this 21st day of October 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