Article VII — GENERAL PROVISIONS

Section 7.01. Conflicts of Interest.

The use of public office for private gain is prohibited. The City Council shall implement
this prohibition by ordinance adopting and assuring compliance with the laws of the State of
California regarding such conflicts, which ordinance also shall prohibit the following:

A. Appearances For Influence. Appearances by or statements made to, or influence exercised
by City officials or employees before or to other City agencies on behalf of private
interests;

B. Compensated Influence. A former Councilmember or City officer or employee being
compensated in any way for attempting to influence any action of the Council or City for 1
year after the end of service on the Council or with the City;

C. Violations. In addition to any fines or other punishments for violations of conflicts of
interest regulations any person convicted of a violation of this section shall be ineligible for
a period of 5 years following such conviction to hold any City office or position and if an
officer or employee of the City shall immediately forfeit his or her office or position.

Section 7.02. Franchises.

The City Council may grant a franchise to any person partnership, corporation or other legal
entity capable of exercising the privilege conferred whether operating under an existing franchise
or not and may prescribe the terms conditions and limitations of such grant, including the
compensation to be paid to the City therefor.

A. Franchise Ordinance. The Council may prescribe by ordinance the method and procedure
for granting franchises together with additional terms and conditions for making such
grants.

B. Franchise Procedure. No person, partnership, corporation or other legal entity shall furnish
the City or its inhabitants or properties lying within the City limits or any portion of the
City with any service which uses any portion of the public streets, ways, easements, alleys
or places in the City as the same now exist or may hereafter exist, for any purpose without
a City franchise secured under the procedures set out hereunder, except insofar as he/she or
it may be entitled to do so by direct authority of the California Constitution, the
Constitution or laws of the United States, or final decisions of courts of competent
jurisdiction.

C. Franchise Term. No franchise shall be granted for a period of longer than 25 years unless
there be reserved to the City the right to take over at any time the works, plant and property
constructed under the grant at their physical valuation and without compensation for
franchise or goodwill.

D. Acquisition of Properties. No franchise shall in any way or to any extent impair or affect the right of the City to acquire the property of the possessor thereof by purchase or condemnation, and nothing therein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain with respect to the property of the possessor of any franchise.

E. Franchise Condition. Every franchise granted by the City is granted upon the condition,
whether expressed in the grant or not, that such franchise shall not be given any value
before any court or other public authority in any proceeding of any character in excess of
any amount actually paid by the grantee to the City at the time of the grant.

F. Resolution of Intent. Before granting any franchise, the Council shall adopt a resolution
declaring its intention to grant same and stating the name of the proposed grantee, the
character of the proposed franchise, and the terms and conditions upon which it is proposed
to be granted. Such resolution shall fix the day, hour and place when and where any person
having an interest in or objecting to the granting of such franchise may appear before the
Council to be heard thereon. Said resolution shall be published at least once, not less than
10 days prior to said hearing, in the official newspaper.

G. Franchise Adoption. After hearing all persons desiring to be heard, the Council may by
ordinance deny or grant the franchise on the terms and conditions specified in the
resolution. No ordinance granting a franchise shall be adopted as an emergency ordinance.

Section 7.03. Definitions.

Unless the provision or the context otherwise requires, as used in this Charter:

A. "Shall" is mandatory and "may" is permissive.

B. "City" is the City of Folsom and "department," "commission," "agency," "officer," or
"employee" is a department, commission, agency, officer, or employee, as the case may be,
of the City of Folsom.

C. "Council" is the City Council of the City of Folsom.

D. "Councilmember" is a member of the City Council.

E. "Law" includes ordinance.

F. "State" is the State of California.

G. "Voter" shall be as defined by state law.

Section 7.04. Violations.

The provisions of this Charter or of any ordinance of the City shall be enforced by any method
or procedure provided for by ordinance of the City.

The sanction for a violation of the provisions of this Charter or of any ordinance of the City shall
be established by ordinance.
(Added by a vote of the people, March 26, 1996 election)

Section 7.05. American Bridge Crossing Site.

The first bridge constructed across the American River within the City limits of the City of Folsom shall be a bridge which connects Folsom Boulevard and Folsom Auburn Road, which bridge shall contain not more than four (4) vehicular traffic lanes and, if deemed necessary by the City Council, may provide for bicycle and pedestrian lanes and space for rail transit. Such newly constructed bridge shall not be a beltway.

(Added by vote of the people, Res. 4532, 1994)

Section 7.07. Meter Retrofits and Metered Rates.

A. Mandatory water meter retrofits either partially or wholly paid for by citizens are prohibited in the City of Folsom on single family residences existing prior to 1992. This provision does not in any way conflict with the provisions of Chapter 407 of Stats 1991, as codified within the California Water Code at Chapter 11, Section 110, and Chapter 8 commencing with Section 500.

B. The City shall establish a water rate which differentiates between pre-1914 water right costs and water supplied by contract with the Southern California Water Company (SoCal) and the federal water contract (Public Law 101-514, Section 206 or the "Fazio water"). Unmetered single family residences existing prior to 1992 shall be entitled to a flat rate of the City of Folsom's pre-1914 water right or a tiered rate with a high base line for pre-1992 residences, whichever is less. The rate for metered residences supplied by other contractors (SoCal and Fazio water) shall include the actual cost of the water, including treatment. All single family residences in Folsom except those served by the San Juan Water District may be charged for a prorated share of capital improvements and Water Forum obligations such as the acquisition of an alternative water supply during a period of drought. (Added by vote of the people, Res. 6902, 2002)

Section 7.08. Local Control of Land South of Highway 50.

The City Council shall take the following actions prior to the approval by the Local Agency Formation Commission of the annexation of any of the land bounded by Highway 50, White Rock Road, Prairie City Road and the El Dorado County Line, hereafter referred to as "the Area."

A. Water Supply. Identify and secure the source of water supply(ies) to serve the Area. This new water supply shall not cause a reduction in the water supplies designated to serve existing water users north of Highway 50 and the new water supply shall not be paid for by Folsom residents north of Highway 50.

B. Transportation. Adoption of an infrastructure funding and phasing plan by the City Council providing for the construction of roadways and transportation improvements that are necessary to mitigate traffic impacts caused by any development of the Area. The infrastructure funding and phasing plan shall identify the timing for construction of all transportation improvements, including any required improvements along the Highway 50 corridor, and the timing of the construction of those improvements shall be tied to the anticipated rate of growth and associated traffic impacts. Folsom residents north of Highway 50 shall not be required to pay fees for the construction of any new transportation improvements required to serve the Area.

C. Open Space. Adoption of a plan by the City Council requiring 30 percent of the Area to be
maintained as natural open space to preserve oak woodlands and sensitive habitat areas.
Natural open space shall not include active parks sites, residential yard areas, golf courses,
parking lots, and their associated landscaping.

D. Schools. Submission of a plan to the Folsom Cordova Unified School District providing
for the funding and construction of all necessary school facilities for the Area, so that
Folsom residents north of Highway 50 are not required to pay for the construction of new school facilities serving the Area and existing schools are not overcrowded by development
in the Area.

E. Development Plan. Adoption of a General Plan Amendment by the City Council to serve
as the blueprint for development in the Area. The General Plan Amendment for this Area
shall only be adopted after the completion and certification of an Environmental Impact
Report. The environmental review shall include an evaluation of cultural, archaeological
and prehistoric resources.

F. Public Notice. The General Plan Amendment for the Area shall only be adopted by the City
Council after comprehensive public meetings and hearings before the Planning
Commission and City Council. Every registered voter in the City shall be mailed a notice
of the time, place and date of the public meetings and hearings before the Planning
Commission and City Council, along with a summary report on the proposed development
plan. Further, the summary of the development plan and a summary of the associated
environmental review shall be available for public review in the City Clerk's Office, at all
Folsom public libraries, and on the City website.

G. Implementation. All existing City plans, policies, ordinances, and other legislative acts
shall be amended as necessary, as soon as possible and in the time and manner required by
State law, including the California Environmental Quality Act, to insure consistency
between this Charter Amendment and those plans, policies and other provisions. Any plans
required to be adopted by the City Council in subsections (A) through (E) of this section
shall only be adopted after compliance with the California Environmental Quality Act and
upon adoption shall take precedence over any other plans or policies relating to the Area,
regardless of the manner, method or time of enactment.
(Added by a vote of the people, Nov. 2, 2004 election)