Chapter 3.23


3.23.010    Purpose.

3.23.020    Creation of the utility commission—Functions of the commission.

3.23.030    Membership qualifications and appointment.

3.23.040    Terms of membership—Vacancies and replacement.

3.23.050    Officers.

3.23.060    Meetings.

3.23.070    Agendas—Order of business—Voting.

3.23.010 Purpose.

The purpose of the city utility commission is to establish a forum to provide advice to the city council and the city manager regarding utility rates; the necessity and function of city utilities; and the associated costs to operate and maintain these city functions. (Ord. 1037 § 2 (part), 2005)

3.23.020 Creation of the utility commission—Functions of the commission.

A.    The city utility commission (“the commission”) is created and shall study and make recommendations to the city council and city manager on matters related to the cost of utility service studies; the scope, costs, and nature of utility services provided by the city; and staff proposals for future rate changes.

B.    Staff support to the commission shall be provided as designated by the city manager or his or her designee. Staff designated to support the commission shall not be considered an officer or member of the commission. (Ord. 1037 § 2 (part), 2005)

3.23.030 Membership qualifications and appointment.

A.    All members must be residents and registered voters of the city.

B.    Each council member shall appoint one commission member whose term shall run concurrently with that of the appointing council member. Two additional members shall be appointed at-large by a majority vote of the city council for two-year terms. (Ord. 1037 § 2 (part), 2005)

3.23.040 Terms of membership—Vacancies and replacement.

The city council may remove any member of the commission at any time by majority vote of the members of the city council. No public hearing shall be required prior to removal of any member of the commission and no cause for removal need be shown. A commission member is subject to disqualification and removal from the commission if he or she has three unexcused absences from any regularly scheduled meetings. A vacancy resulting from death, resignation, removal, disqualification or any other cause shall be filled either by an appointment from the council member appointing the commission member whose membership is being replaced or the city council in the case of an at-large position. (Ord. 1037 § 2 (part), 2005)

3.23.050 Officers.

A.    The officers of the commission shall be the chairperson and vice chairperson.

B.    The chairperson and the vice chairperson of the commission shall be elected by the commission every two years, following general election, at the first meeting in February by majority vote of the full commission. If no successor is named by the conclusion of any officer’s term, the officer shall continue in the office until a successor has been named. The chairperson or the vice chairperson can be replaced by majority vote of the full commission at any time. No public hearing shall be required prior to removal of the chairperson or the vice chairperson and no cause for removal need be shown.

C.    The chairperson and vice chairperson of the commission, or such other members as may be presiding in the aforementioned positions, shall not be deprived of any of the rights or privileges of any member by reason of his/her occupying the chair and may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members.

D.    In the absence of the chairperson, the vice chairperson shall perform the duties and obligations of the chairperson. (Ord. 1037 § 2 (part), 2005)

3.23.060 Meetings.

A.    Regular meetings of the commission shall be held in City Hall, located at 50 Natoma Street, Folsom, California. Regular meetings shall be held on the third Tuesday of each month at 6:30 p.m. There shall be no minimum number of meetings per quarter. A regularly scheduled meeting may be canceled at any time. Special meetings may be called in the manner specified by applicable state law.

B.    Four members of the commission shall constitute a quorum. When there is no quorum at a regular meeting, the chairperson, or any member of said body, shall adjourn said meeting until the next regular meeting.

C.    The chairperson or, in the absence of the chairperson, the vice chairperson, shall take the chair at the hour appointed for the meeting and shall call the commission to order. In the absence of the chairperson and vice chairperson, the utilities director or his/her representative shall call the commission to order, whereupon a temporary chairperson will be elected from among the members present. Upon the arrival of the chairperson or vice chairperson, the temporary chairperson shall relinquish the chair upon the conclusion of the item before the commission. (Ord. 1037 § 2 (part), 2005)

3.23.070 Agendas—Order of business—Voting.

A.    Commission members may place items on an agenda by contacting the chairperson or the utilities director. Agendas shall be approved by the chairperson prior to the start of the meeting. Citizens or interested parties may address the commission during public comment on agenda items or during the business from the floor portion of the meeting. Agendas shall be published as required by state law.

B.    At the regular meetings of the commission, the following shall be the order of business:

1.    Roll call;

2.    Review of summary/minutes (if applicable);

3.    Business from the floor/good of the order;

4.    Agenda of the utility commission;

5.    Adjournment.

C.    On all matters acted upon by the commission, the voting shall be a roll-call vote of the members present. The “ayes” and “noes” of the members shall be recorded upon the summary of the meeting. Except for the election of the chairperson and vice chairperson, all actions of the commission shall require an affirmative vote of the majority of the commission present and eligible to vote at the particular meeting where action is to take place.

D.    All rules of order not herein provided shall be determined in accordance with Robert’s Rules of Order, Revised.

E.    The commission may adjourn any regular or special meeting to a time and place specified in the order of adjournment, whether or not a quorum has been established. If a quorum is not established, no business other than adjournment may be transacted. (Ord. 1037 § 2 (part), 2005)