Agenda Item No: K.6
AGENDA REPORT
DATE: July 7, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-158 and Ordinance 2026-05 CM Submitting to the Voters a Measure to Make the Office of City Clerk an Appointive Position Resolution 2026-158 Approving an Ordinance and Ordering that a Measure be Submitted to the Voters of the City at the General Municipal Election to be held on November 3, 2026, to Change the Office of City Clerk to an Appointive Position; and Ordinance 2026-05 Adding a New Article IX (City Clerk) to Chapter 2 (Administration) of the Fairfield Municipal Code to Change the Office of City Clerk to an Appointive Office Funding Source: N/A
Contact: Farbod Pirouzmand, (707) 428-7397
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Staff requests the City Council consider placing a ballot measure before Fairfield voters to change the Office of City Clerk from an elected position to an appointive position pursuant to California Government Code Sections 36508 through 36510.
DISCUSSION
The City of Fairfield is a full -service municipal organization serving a population of approximately 120,000 residents. Organizational excellence is one of the six strategic goals of the council, defined as striving to become a leader in local government best practices. Given the growth of the city and increasing operational complexity of the organization and state laws, the responsibilities associated with the Office of the City Clerk have become increasingly specialized and technical in nature. Hiring a professional city clerk is a best practice for full service municipal governments.
The City Clerk's Office plays a critical role in ensuring compliance with numerous state laws governing public meetings, elections, records retention, public noticing requirements, transparency mandates, and municipal procedures. In addition, the office is responsible for supporting the legislative functions of the council, including agenda preparation, records management, maintenance of official proceedings, and compliance with the California Brown Act and California Public Records Act.
The current City Clerk, Karen Rees, reported at the March 17, 2026, council meeting that she will not run for re-election when her term ends in 2028. Ms. Rees expressed the need for a professional city clerk based on her observation during her tenure starting in 2014, that the city has grown in size and complexity. She recommended to the council that the city clerk's position change from elected to appointed.
Modern municipal governance requires a high level of technical expertise and professional experience in municipal law, election administration, records management, and agenda coordination. A 2022 survey by the city of Carlsbad, CA, found that 80% of California cities had transitioned to an appointive city clerk model. This allows cities to recruit and retain experienced municipal professionals with specialized training and certifications necessary to effectively administer increasingly complex legal and procedural requirements.
City
General Law / Charter
City Clerk Structure
Alameda
Charter
Appointed
Antioch
General Law
Elected
Concord
General Law
Appointed
Hayward
Charter
Appointed
Livermore
General Law
Appointed
Napa
General Law
Appointed
Pittsburg
General Law
Elected
Pleasanton
General Law
Appointed
Richmond
Charter
Appointed
Sacramento
Charter
Appointed
San Leandro
Charter
Appointed
Vacaville
General Law
Elected
Vallejo
Charter
Appointed
Among Fairfield's comparable jurisdictions, based on Council Resolution 2000-156, only Antioch, Pittsburg and Vacaville have elected city clerks.
Under California Government Code Sections 36508 through 36510, general law cities may submit to the voters the question of whether the Office of City Clerk should become appointive rather
than elective. If approved by a majority of voters, the council would thereafter appoint the city clerk upon expiration of the current term of office.
Shall the Office of City Clerk be appointive? I YES
NO
Transitioning to an appointive city clerk structure would provide the council with the ability to recruit candidates based on professional qualifications, municipal experience, technical expertise, and demonstrated knowledge of California municipal law and legislative administration. This approach is intended to strengthen organizational continuity, ensure procedural compliance, and support the effective administration of council operations.
Approval of the proposed resolution would place the measure before Fairfield voters for consideration at the November 3, 2026, General Municipal Election.
FINANCIAL IMPACT
The median salary for a city clerk position is $150,000 based on a survey on the jurisdictions listed in City Resolution 2000-156. This additional cost will not be realized until the end of the current city clerk's term in December of 2028.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may decline to submit the measure to the voters and retain the current elected city clerk or provide alternative direction to staff.
COORDINATED WITH
City Attorney's Office
STAFF CONTACT
Farbod Pirouzmand, Assistant City Manager
(707) 428-7397
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Ordinance
CITY OF FAIRFIELD
RESOLUTION NO. 2026-158
APPROVING AN ORDINANCE AND ORDERING THAT A MEASURE BE SUBMITTED TO THE VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, TO CHANGE THE OFFICE OF CITY CLERK TO AN APPOINTIVE POSITION WHEREAS, the model of governance under Government Code Section 36501 requires general law cities to each have a city council, city clerk, city treasurer, chief of police, fire chief, and any subordinate officers or employees provided by law; and
WHEREAS, a city clerk oversees vital municipal functions pursuant to Government Code section 40801 et seq., such as maintaining official records, administering oaths and affirmations, taking and certifying affidavits and depositions pertaining to city business, keeping meeting minutes, recording, publishing, and certifying city ordinances, and additional duties as prescribed by ordinance or other state laws, including the administration of elections as a neutral elections official under the Political Reform Act and ensuring compliance with state transparency laws such as the Ralph M. Brown Act (Brown Act) and the Public Records Act (PRA); and WHEREAS, among other requirements, the city clerk must ensure compliance with state open meeting laws and ensure that legislative actions, including, but not limited to, the preparation of legislative agendas, publication of meeting notices, and posting of agendas, abide by the Brown Act; and
WHEREAS, the city clerk is also entrusted with maintaining City of Fairfield (City) records, including the retention of records, the organization of the City's records, and their indexing and retrieval, as well as responding to requests for City records under the PRA; and WHEREAS, a city clerk is either elected by a majority of voters or appointed; and WHEREAS, the position of the Fairfield City Clerk is currently an elected office; and WHEREAS, the duties, responsibilities and requirements of a city clerk have evolved and increasingly demand extensive technical knowledge and experience in election law, records management and retention requirements, public transparency laws, digital archiving and cybersecurity, technology systems, and compliance with other State laws, as well as professional training, education, and certification; and
WHEREAS, under State law, elected city clerk candidates are only required to be adult residents and registered voters of the City, and are not required to possess specific education, certification, public agency experience, records management training, election administration experience, or legal compliance expertise; and
RES. NO. 2026-158
WHEREAS, the city clerk liaises between the general public and City Council, and provides related municipal services and information regarding the operations and legislative history of the City upon which the council, all City departments, and the public rely; and WHEREAS, since the role of the city clerk is integral to day-to-day City operations, the City requires a candidate that has the professional education or training and knowledge in addition to the technical skills necessary to understand and administer the wide range of laws and responsibilities that are required of the position; and WHEREAS, a 2022 survey conducted by City of Carlsbad staff found that of the 482 California cities at that time, 383, or 79.5% of cities, now have an appointed city clerk and only 99 cities, or
20.5%, have an elected city clerk; and
WHEREAS, the percentage of elected city clerks in California has continued to decline and has trended in favor of appointed positions; and
WHEREAS, an appointed city clerk may be held accountable through professional performance standards, regular evaluation, and the same administrative expectations applied to other professional City staff, while the elected city clerk remains directly accountable to Fairfield voters for the effective operation of City government; and
WHEREAS, the council desires to submit to the voters of the City at the General Municipal Election to be held on November 3, 2026, a measure relating to whether the Office of City Clerk shall be appointive; and
WHEREAS, if the measure is adopted, the council may delegate to the city manager the appointment authority for the position to ensure the hiring of a professional with the skills and expertise needed to fulfill the increasingly complex and technical duties of a city clerk.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The facts set forth in the recitals of this resolution are true and correct and establish the factual basis for the council's adoption of this resolution.
Section 2. On June 16, 2026, the Fairfield City Council called a General Municipal Election to be held in the City on November 3, 2026 (General Municipal Election) and requested that the Solano County Board of Supervisors consolidate said election with the Statewide General Election to be held on the same date. Pursuant to California Elections Code Sections 9222 and 10201, the City Council hereby orders that at said General Municipal Election, a ballot measure to convert the Office of the City Clerk to an appointive position be submitted to the voters for consideration.
The full text of the proposed ordinance to make the Office of the City Clerk appointive is attached
RES. NO. 2026-158
to this Resolution as Exhibit A and incorporated herein by reference. The measure to be submitted to the voters shall appear and be printed on the ballot as follows:
City of Fairfield Appointive City Clerk Measure
Shall the Office of City Clerk be appointive?
YES
NO
Section 3. The proposed ordinance shall only take effect if at least a majority of those voting on the question vote in favor of it at the General Municipal Election.
Section 4. The city attorney is hereby directed to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280.
Section 5. The council directs that arguments for and against the measure may be filed in accordance with applicable law, and that all members of the council are authorized to file the argument in favor of the measure to be voted on at such General Municipal Election pursuant to Elections Code Section 9282. Rebuttal arguments shall not be accepted in connection with this measure.
Section 6. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. All persons qualified and registered to vote in the City of Fairfield as of the date of such election shall be entitled to vote. The ballots to be used at the election shall be in the form and content as required by State law.
Section 7. Notice of the time and place of holding the General Municipal Election is hereby given and the city clerk is authorized, instructed, and directed to give further or additional notice of the election, in the time, form and manner as required by law, and to publish a synopsis of the measure as required by law.
Section 8. The city clerk is hereby directed to submit a complete certified copy of this resolution to the Solano County Registrar of Voters Office and to the Solano County Board of Supervisors.
Section 9. The mayor shall sign and the city clerk shall certify the passage and adoption of this resolution.
RES. NO. 2026-158
PASSED AND ADOPTED this 7t" day of July 2026, by the following vote:
AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESE N/WILLIAMS NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
MAYOR
ATTEST:
CITY CLERK
CITY OF FAIRFIELD
ORDINANCE NO. 2026-05
ADDING A NEW ARTICLE IX (CITY CLERK) TO CHAPTER 2 (ADMINISTRATION) OF THE
FAIRFIELD MUNICIPAL CODE TO CHANGE THE OFFICE OF CITY CLERK TO AN
APPOINTIVE OFFICE
WHEREAS, pursuant to Government Code Section 36502, the Office of the City Clerk of the City of Fairfield is currently an elective office; and WHEREAS, Government Code Section 36508 and Elections Code Section 9222 authorize the City Council to submit to the electors the question of whether the elective city clerk shall be an appointive office and, if a majority of voters voting on the measure approve it, the office shall become appointive; and
WHEREAS, changing the Office of City Clerk to an appointive office would allow the City to appoint an individual, including an appointment through employment, that has the professional education, training, experience and knowledge in addition to the technical skills necessary to understand and administer the wide range of laws and legal responsibilities of the city clerk; and
WHEREAS, this measure would provide the City Council with the authority to delegate the appointment authority for the city clerk position to the city manager to ensure the selection of a professional with the skills and expertise needed for the position of city clerk; and
WHEREAS, all other legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF FAIRFIELD DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2 of the Fairfield Municipal Code is hereby amended to add a new Article IX to read as follows:
"ARTICLE IX — CITY CLERK
2.43 — Appointment.
Pursuant to Government Code Sections 36501 and 36508 through 36510, the city clerk shall be appointed and serve at the pleasure of the City Council. Notwithstanding the foregoing, pursuant to Government Code Section 36510, the City Council may by ordinance, vest in the city manager its authority to appoint the city clerk. The appointed person shall not be required to be a City resident or elector.
ORD. NO. 2026-05
2.44 — Compensation.
The city clerk shall receive such compensation as shall be fixed by resolution or ordinance of the City Council.
2.45 — Powers and duties.
A. The city clerk shall have the powers, duties and responsibilities granted to and imposed upon the office of the city clerk pursuant to the following:
1. The provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code (commencing with Section 40801), with the exception of the financial and accounting duties set forth in Government Code Sections 40802 through 40805;
2. Other state laws, with the exception of those financial powers and duties imposed upon the city clerk by Title 4, Division 3, Part 2, Chapter 4 of the Government Code (commencing with Section 37201); and
3. The provisions of the Fairfield Municipal Code.
B. The city clerk shall also perform such other duties as may be required of the city clerk by the city manager or the City Council."
SECTION 2. If a majority of the voters voting on this measure at the November 3, 2026, General Municipal Election approve this Ordinance, it shall take effect 10 days after the City Council declares and certifies the results of the election, as required by applicable law. The position of City Clerk shall be filled by appointment thereafter upon the earlier of either a vacancy in the office or at the expiration of the current term of office of the incumbent in accordance with Government Code Section 36510.
SECTION 3. Notwithstanding Elections Code Section 9217, the City Council may subsequently amend this Ordinance without voter approval, except that voter approval shall be required to re -instate the position of an elected city clerk.
SECTION 4. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or provisions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail.
SECTION 5. In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purpose.
ORD. NO. 2026-05
SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The people of the City of Fairfield hereby declare that they would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, without regard to whether any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. The city clerk is hereby directed to publish this ordinance at least once, within 15 days after the election results are certified, in a newspaper of general circulation published and circulated in the City of Fairfield.
SECTION 8. The mayor is hereby directed to attest to the adoption of this Ordinance by signing where indicated below upon certification by the city clerk that a majority of those electors voting on this Ordinance have voted in the affirmative.
PASSED, APPROVED AND ADOPTED BY THE VOTERS OF THE CITY OF FAIRFIELD, STATE OF CALIFORNIA, AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2026.
AYES: MEMBERS: VACCARO/BERTANI/CARR/PAN DURO/SANDHU/TONNESE N/WILLIAMS ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
MAYOR
ATTEST:
CITY CLERK
Agenda Item No: K.7
AGENDA REPORT
DATE: July 7, 2026
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2026-159 and Ordinance 2026-06 CM Proposed Ordinance and Resolution for Amending TUT Ordinance
Resolution 2026-159 Approving an Ordinance and Ordering that a Measure be Submitted to the Voters of the City at the General Municipal Election to be held on November 3, 2026, to Extend the City's Transactions and Use Tax and Increase by 1% the Local Transactions and Use Tax from 1% to 2% until Ended by Voters, with the Tax Administered by the California Department of Tax and Fee Administration; and
Ordinance 2026-06 Amending Sections of Article VII of Chapter 18 of the Fairfield Municipal Code to Extend and Increase the Rate of the Existing Transactions and Use Tax by 1%, from 1% to 2% Until Ended by Voters, to be Administered by the California Department of Tax and Fee Administration
Funding Source: N/A
Contact: Farbod Pirouzmand, (707) 428-7397
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
The City Council has identified maintaining fiscal sustainability, preserving essential public services, investing in public infrastructure, and protecting community quality of life as ongoing strategic priorities. With an estimated $11 million structural deficit, the council is considering an update to Measure P to increase revenues with the aim of maintaining the quality of life that this measure has helped to create for the community and its stakeholders.
DISCUSSION
In November 2012, Fairfield voters approved Measure P, a one -percent local transactions and use tax designed to provide locally controlled funding for essential city services and infrastructure
improvements. The revenues generated by the measure helped protect public safety services, repair streets and roads, improve youth and senior services, and maintain Fairfield's overall quality of life. All revenues generated by Measure P remain local and cannot be taken by the State. The Measure also called for an oversight committee of Fairfield residents to ensure the use of revenues for the services it was intended to fund.
In November 2016, Fairfield voters approved an extension of Measure P through March 31, 2033.
The ballot measure stated that the extension would preserve local funding for neighborhood police patrols, firefighting and emergency response, crime prevention programs, street maintenance, parks and recreation services, and other general governmental services, while maintaining independent oversight and annual audits.
Since its original passage, Measure P has become an important revenue source supporting core city operations and municipal services.
Measure P Accomplishments
Measure P revenues have supported a variety of community investments and operational priorities throughout the city. According to the most recent annual reporting by the Measure P Citizen Oversight Committee, Measure P funding contributed to roadway and infrastructure improvements, including major roadway projects, pothole repair programs, and pedestrian safety improvements. In 2025, more than 3,000 potholes were repaired and approximately 200 crosswalks upgraded citywide.
Measure P revenues have also supported public safety services, including maintaining police staffing levels, emergency response capabilities, firefighting services, neighborhood patrols, and crime prevention programs. The revenues from this measure have been a critical funding source for preserving public safety operations and maintaining emergency response times.
Measure P funding has supported homelessness outreach and intervention programs, including the Homeless Intervention Team (HIT), Homeless Engagement and Response Team (HEART), shelter operations, outreach partnerships, and contracted services focused on connecting unhoused individuals with shelter and supportive services. In 2025, local outreach efforts funded through Measure P assisted with shelter placement for approximately 315 individuals.
Measure P revenues continue to support parks, recreation programs, youth and senior services, community events, and general municipal operations intended to preserve Fairfield's quality of life. In 2025, Measure P revenues helped support services in the following departments:
Department
Expenditure
Police
$12.5 Million
Fire
$6 Million
Public Works
$4.1 Million
Parks & Recreation
$1.7 Million
Current Fiscal Conditions
Like many California municipalities, Fairfield continues to experience inflation of operational costs associated with infrastructure maintenance, public safety operations, pension obligations, homelessness response efforts, and construction costs. The fiscal year 2024-2025 budget required the city to implement multiple strategies to address an estimated $20 million shortfall, including staffing reductions, expenditure reductions, deferred maintenance projects, and operational efficiencies.
The City has also undertaken additional efforts intended to improve long-term fiscal sustainability, including reducing departmental budgets, increasing cost recovery through fee increases, maintaining emergency reserves, and establishing pension reserve funding strategies.
In the last two fiscal years, staff have cut the city's structural deficit from a projected $20 million to $11 million. Cost mitigation strategies included:
• Frozen 24.5 positions — including 4 sworn police officers • Reduced discretionary spending
• Deferred maintenance
• Used one-time funds to balance ongoing costs
• Negotiated no cost -of -living adjustments (no pay raises) for employees • Despite these efforts, expenses continue to grow in several key operational areas:
• PERS - $6 million increase since 2020 (64%)
• Medical - $1.4 million increase since 2020 (27%)
• General Liability Insurance - $2 million increase since 2020 (143%) • Internal Services - $14.1 million increase since 2020 (114%) • Cost increases driven by electricity, cybersecurity, enterprise software Streets and Roads
Maintaining Fairfield's transportation infrastructure remains a significant financial challenge. The City's current Pavement Condition Index (PCI) is reported at 64, slightly below the statewide average of 65. Current roadway maintenance funding levels are insufficient to fully maintain or improve pavement conditions over the long term due to increasing construction and material costs. Fairfield currently spends approximately $9 million annually on roadway maintenance, however, approximately $18 million annually would be necessary to maintain the current PCI level on an ongoing basis.
Potential Measure P Update
As part of ongoing fiscal planning discussions, the city council has evaluated options that could assist in maintaining essential municipal services and infrastructure investments over the long term. One option discussed publicly is a potential Measure P Update that would extend the existing local transactions and use tax while increasing the rate by an additional one cent, subject to voter approval.
o provide and protect funding for Fairfield's services, such as police, fire, 911 mergency response, neighborhood safety, street and sidewalk repair, YES omelessness prevention and response and general governmental use, shall an rdinance be adopted to extend the City's sales tax and increase the rate by up :) one -cent per dollar until ended by voters, adding approximately $ 24 million nnually, with independent citizen oversight, annual audits, public spending ?ports, and all funds locally controlled?
NO
Based on staff's preliminary estimates, a one -cent increase could generate approximately $24 million annually in additional locally controlled revenue. The additional revenues will be used to continue to support public safety operations, emergency response services, roadway maintenance, parks and recreation services, homelessness response programs, and facility maintenance.
Any new Measure P revenues would continue to fall under the purview of the Measure P Citizen Oversight Committee with the same accountability provisions that currently exist such as annual independent audits, citizen oversight, and annual reporting to the community regarding revenues and expenditures.
To qualify for the ballot, 2/3 of the City Council (at least 5 out of 7 members) are required to vote affirmatively to approve the transaction and use tax ordinance. If a council member is absent from the meeting, 5 City Council Members are still required to vote affirmatively for the item to qualify for the ballot. If so approved by the Council, and then passed by a majority of the voters (50% plus 1) on Tuesday, November 3, 2026, it would go into effect on April 1, 2027.
FINANCIAL IMPACT
The proposed Measure P rate increase of one percent would provide approximately a $24 million increase in revenue per year to the general fund. The projections are based on current economic data and trends and are subject to change with economic activity within the City.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The city hired consultants, Probolsky Research and William Barry Campaigns, to assist with creating the ballot language and educational materials, which included polling research to advise Council on the measure. The surveys included standard polling questions asking prospective voters about the measure. Prospective voters received email, text message, and phone call requests to participate in the surveys. The surveys were commissioned by Probolsky Research to collect input about the Measure P ballot measure.
ALTERNATIVE ACTION
State law requires that such measures coincide with local City Council elections for public vote on the November 2026 General Election. The City Council can forgo placing the revenue measure on the November ballot. If City Council chooses not to place the Measure P Update on the November ballot, then staff will return to Council with a list of proposed service cuts to close the structural deficit.
COORDINATED WITH
City Attorney's Office and Finance Department
STAFF CONTACT
Farbod Pirouzmand, Assistant City Manager
(707) 428-7397
tpirouzmanaccofairfield.ca.gov
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Ordinance
CITY OF FAIRFIELD
RESOLUTION NO. 2026-159
APPROVING AN ORDINANCE AND ORDERING THAT A MEASURE BE SUBMITTED TO THE VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, TO EXTEND THE CITY'S TRANSACTIONS AND USE TAX AND INCREASE BY 1% THE LOCAL TRANSACTIONS AND USE TAX FROM 1% TO 2% UNTIL ENDED BY VOTERS, WITH THE TAX
ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION WHEREAS, the City of Fairfield (City) expects to maintain general municipal services for City residents, businesses, and visitors at the levels they expect and deserve; and WHEREAS, the City Council has been informed by staff that the City needs additional local funds to fund vital City programs and services, such as homeless services and prevention, maintaining response times from public safety, road maintenance, and parks and recreation programing; and WHEREAS, additional sources of local revenue will help the City maintain local control over its revenue and promote fiscal sustainability; and
WHEREAS, if approved by the voters, the revenue from this measure will be subject to transparency and accountability provisions such as financial audits and citizen oversight to ensure that all funds will remain in Fairfield for the local general services on which local residents and businesses rely, and that none of the new funding can be taken by the Federal or State governments; and
WHEREAS, the council proposes to submit to the voters of the City an ordinance to extend the City of Fairfield's local transactions and use tax and increase the rate of such tax.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The facts set forth in the recitals of this resolution are true and correct, and establish the factual basis for the council's adoption of this resolution.
Section 2. Section 7285.9 of the Revenue and Taxation Code authorizes any city to levy, increase, or extend a transactions and use tax for general purposes at a rate of 0.125 percent, or a multiple thereof, and Section 7294.3 of the Revenue and Taxation Code authorizes any city in Solano County to exceed the 9.25% transactions and use tax cap by up to 0.5%, subject to approval by a two-thirds vote of all of the members of the City Council and by a majority of the qualified voters of the City voting in an election on the issue.
Section 3. By Resolution No. 2026-120, adopted on June 16, 2026, the City Council has previously called and given notice of the General Municipal Election to be held in the City on November 3, 2026, and to be consolidated with the statewide general election conducted on the same date.
RES. NO. 2026-159
Pursuant to California Elections Code Sections 9222 and 10201, the council hereby orders that at the said election, a Transactions and Use Tax Ordinance be submitted to the voters for consideration. The full text of the City of Fairfield's Transactions and Use Tax Ordinance is attached to this Resolution as Exhibit A and is incorporated herein by reference. The measure to be submitted to the voters shall appear and be printed on the ballot as follows:
City of Fairfield Measure P Update Measure
To provide and protect funding for Fairfield's services, such as police, fire, 911 emergency response, neighborhood safety, street and sidewalk repair, YES
homelessness prevention and response, and general governmental use, shall an ordinance be adopted to extend the City's sales tax and increase the rate by up to one -cent per dollar until ended by voters, adding approximately $24 million annually, with independent citizen oversight, annual audits, public spending NO
reports, and all funds locally controlled?
Section 4. The council, by at least 2/3 vote, hereby approves the proposed City of Fairfield Transactions and Use Tax Ordinance, attached to this Resolution as Exhibit A, to be submitted to the voters. The proposed measure is a general tax, as defined in Article XIIIC of the California Constitution, to be extended and increased by 1%, from the rate of 1% to 2% on transactions and uses in the City as defined in the ordinance, to be collected by the California Department of Tax and Fee Administration. The ordinance shall not take effect unless and until approved by a vote of at least a majority of voters voting on the question at the election.
Section 5. The city attorney is hereby directed to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280.
Section 6. The council directs that arguments for and against the measure may be filed in accordance with applicable law, and that councilmembers are authorized to file an argument in favor of the measure.
Section 7. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. All persons qualified and registered to vote in the City of Fairfield as of the date of such election shall be entitled to vote.
Section 8. Notice of the time and place of holding the General Municipal Election is hereby given and the city clerk is authorized, instructed, and directed to give further or additional notice of the election, in the time, form and manner as required by law, and to publish a synopsis of the measure as required by law.
RES. NO. 2026-159
Section 9. The city clerk is hereby directed to submit a complete certified copy of this resolution to the Solano County Registrar of Voters Office and to the Solano County Board of Supervisors.
Section 10.The mayor shall sign and the city clerk shall attest to the adoption of this resolution.
PASSED AND ADOPTED this 7t" day of July 2026, by the following vote:
AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILHAMS NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
MAYOR
ATTEST:
CITY CLERK
CITY OF FAIRFIELD
ORDINANCE NO. 2026-06
AMENDING SECTIONS OF ARTICLE VII OF CHAPTER 18 OF THE FAIRFIELD MUNICIPAL
CODE TO EXTEND AND INCREASE THE RATE OF THE EXISTING TRANSACTIONS AND USE TAX BY 1%, FROM 1% TO 2% UNTIL ENDED BY VOTERS, TO BE ADMINISTERED BY THE
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
THE CITY COUNCIL OF THE CITY OF FAIRFIELD DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 18.74 of Article VII of Chapter 18 of the Fairfield Municipal Code is hereby amended to read as follows (additional text underlined, deleted text struck through):
"18.74. Transactions Tax Rate.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1.0 2.0% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance." SECTION 2. Section 18.76 of Article VII of Chapter 18 of the Fairfield Municipal Code is hereby amended to read as follows (additional text underlined, deleted text struck through):
"18.76. Use Tax Rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1.0
2.0% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made."
SECTION 3. Section 18.86 of Article VII of Chapter 18 of the Fairfield Municipal Code is hereby amended to read as follows (additional text underlined, deleted text struck through):
"18.86. Termination Date.
The authority to levy the tax imposed by this ordinance shall remain in effect until repealed by the voters of the City of Fairfield. expire OR Mareh 31 2033, at 11:59 �
ORD. NO. 2026-06
SECTION 4. CDTFA. All references in Article VII of Chapter 18 of the Fairfield Municipal Code to the "State Board of Equalization" are hereby amended to instead refer to the "California Department of Tax and Fee Administration."
SECTION 5. Authority for Transactions and Use Tax, The City of Fairfield's 1% increase of its transactions and use tax rate, resulting in a total City transactions and use tax rate of 2%, is authorized under Revenue and Taxation Code Sections 7285.9 and 7294.3.
Revenue and Taxation Code Section 7285.9 provides the authority for 1.875% of the 2% total City transactions and use tax rate, and Revenue and Taxation Code Section 7294.3 provides the authority for 0.125% of the 2% total City transactions and use tax rate.
SECTION 6. Intended Amendment. It is the intent of the voters to amend Article VII only as specified in this Ordinance to extend and increase the rate of the existing City of Fairfield ("City") transactions and use tax in Article VII of Chapter 18 of the Fairfield Municipal Code. Except as specifically amended in this Ordinance, the remaining provisions of Article VII of Chapter 18 of the Fairfield Municipal Code shall remain in full force and effect. If the transactions and use tax increase of 1.0% in this Ordinance is found to be invalid for any reason, the City Council may reduce such increase to 0.875%, for a total City transactions and use tax rate of 1.875%.
SECTION 7. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 8. Effective Date and Expiration. This Ordinance shall take effect immediately upon approval by the voters and shall remain in effect until repealed by the voters of the City of Fairfield.
ORD. NO. 2026-06
APPROVED at a regular meeting of the City Council of the City of Fairfield on July 7, 2026, and;
PASSED AND ADOPTED BY THE VOTERS OF THE CITY OF FAIRFIELD, STATE OF CALIFORNIA, AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2026.
AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESE N/WILLIAMS NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
MAYOR
ATTEST:
CITY CLERK