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www.modestogov.com
AGENDA
City of Modesto
SPECIAL APPOINTMENTS COMMITTEE / COUNCIL
WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Thursday, April 07, 2022 at 4:00 PM
*Roll Call: Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Chris Ricci, Member
Alternates: Tony Madrigal, Jenny Kenoyer, Bill Zoslocki, Sue Zwahlen * Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in.
THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe and participate in the meeting via teleconference as indicated below.
PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings.
If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written - 1 -
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comments must be received by 3:00 p.m. on the day of the meeting.
VIRTUAL PARTICIPATION BY ZOOM VIDEO
CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.
Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.
USING A COMPUTER OR SMART PHONE APP:
Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
City staff will unmute your microphone when it is your turn to provide public comment.
A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again.
USING A REGULAR PHONE (not using a computer or smart phone APP):
Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
City staff will unmute your microphone when it is your turn to provide public comment.
You will hear “you are unmuted” and then you will have three minutes - 2 -
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to provide public comment.
Once your public comment has ended, you will be muted again. If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.
Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
PUBLIC COMMENTS
Please refer to special public comment instructions above.
Three minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Committee members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED:
Information concerning the consent items listed below has been forwarded to each Committee member prior to this meeting for study. Unless some member of the audience or Committee member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.
Any and all of the following agenda items are subject to action by the Modesto City Council.
This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 3 -
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee member.
1. Consider appointing Amanda J. Heitlinger to the Modesto Downtown Improvement District Advisory Board for a four year term to expire January 1, 2026, and forwarding to Council for approval. (Funding Source: Not Applicable) PRN; Laurie Smith, 209-577-5347, [email protected]
2. Consider approving Allan Ramsey for the vacant position of Small Aircraft Owner/General Aviation for the Airport Advisory Committee, and forwarding to Council for approval. (Funding Source: Not Applicable)
PUBLIC WORKS; Steve Fischio, 209-342-2222, [email protected]
NEW BUSINESS
3. Consider recommending appointments to fill one City of Modesto vacancy on the Stanislaus Animal Services Agency Advisory Committee and forwarding to Council for approval. (Funding Source: Not Applicable)
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected]
4. Consider interviewing and recommending to the City Council the appointment of one prospective candidate to fill the vacancy on the City of Modesto Board of Zoning Adjustment. (Funding Source: Not Applicable)
CED; Steve Mitchell, 209-577-5267, [email protected]
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the Committee and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 7, 2022
Date: March 23, 2022
TO: Appointments Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods Department SUBJECT: Modesto Downtown Improvement District Advisory Board Appointment CONTACT: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods Department, [email protected], (209) 577-5347
DESCRIPTION:
Consider appointing Amanda J. Heitlinger to the Modesto Downtown Improvement District Advisory Board for a four year term to expire January 1, 2026, and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This action supports the City’s 2020-2025 Strategic Plan’s Area of Focus to promote its economic vitality goals to drive the success of a vibrant and economically sustainable business climate, build and promote a recognizable and desirable identity of the City of Modesto, and to make downtown Modesto a regional destination.
BACKGROUND:
Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions. The Downtown Improvement District Advisory Board consists of nine (9) members serving in the role of the City’s concierge. Modesto Downtown Improvement District (DID) promotes a positive atmosphere in the downtown by caring for physical space. It’s mission is to attract and retain businesses, employees, residents, and visitors to downtown Modesto.
DISCUSSION:
In compliance with DID bylaws, any vacancy to be filled shall be recommended by the DID Board and forwarded to City Council, through the Appointments Committee, for appointment.
The Executive Committee unanimously recommends the appointment of Ms. Amanda J.
Heitlinger to fill one vacancy. Ms. Heitlinger resides in Modesto, owns a business within the #1..
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Appointments Committee, April 7, 2022
Modesto Downtown Improvement District Advisory Board
DID’s boundaries, and pays an additional levy of license tax as required by Municipal Code 6-
3.11. If appointed, Ms. Heitlinger will serve a four year term to expire on January 1, 2026.
FISCAL IMPACT:
There is no fiscal impact.
Approved by:
Laurie A. Smith, Director
Parks, Recreation and Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:
1. ByLaws
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 7, 2022
Date: March 22, 2022
TO: City Appointments Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Airport Advisory Committee position vacancy, Small Aircraft Owner / General Aviation CONTACT: Steve J. Fischio, Operations Manager Fleet, Streets and Airport Divisions, [email protected], 209-342-2222
DESCRIPTION:
Consider approving Allan Ramsey for the vacant position of Small Aircraft Owner/General Aviation for the Airport Advisory Committee, and forwarding to Council for approval. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:
This item is consistent with the City’s Strategic Plan Area of Focus: “Governance and Service Delivery”, Build community trust in City government through responsive, transparent and efficient service delivery; Goal I: “Promote trust and engagement between the community and the City.” BACKGROUND:
The Modesto City-County Airport (Airport) operates for the benefit of all businesses, industries, visitors and residents in the City of Modesto, Stanislaus County, and the surrounding areas. In an effort to ensure that the Airport is maintained and developed in such a manner that it will continue to be a high-quality aviation facility for its users and a good neighbor in the community the Airport Advisory Committee (AAC) was formed. Interested citizens are appointed as members to the AAC by both the Modesto City Council and the Stanislaus County Board of Supervisors to provide advice on numerous matters, including policy and planning pertaining to the operation and management of the Airport.
DISCUSSION:
The AAC currently has one vacancy. The position of Small Aircraft Owner / General Aviation has been vacated by Anthony Winstead as his term has come to an end. Allan Ramsey has applied for the vacant position. Allan is a former chair person and member of the AAC. He is a long-standing tenant at the Airport who is also an active pilot since 1973. Allan is also very active within the community with North Modesto Kiwanis, American Graffiti festival and Graffiti USA Museum. #2..
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City Appointments Committee, April 7, 2022
Airport Advisory Committee position vacancy, Small Aircraft Owner / General Aviation
This vacancy was presented at the bi-monthly AAC meeting on January 20, 2022. It was unanimously agreed upon to recommend Allan for the vacancy. It is considered that this candidate will be a strong contributor to the AAC due to his vast knowledge of the Airport and aviation.
FISCAL IMPACT:
Appointing members to a committee is administrative in nature, therefore does not have a fiscal impact to the General Fund.
Approved by:
Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachment:
1. Bylaws
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BYLAWS OF THE
AIRPORT ADVISORY COMMITTEE
ARTICLE I
AUTHORITY
The Airport Advisory Committee, hereinafter referred to as the “Committee”, has been established by the City of Modesto on August 9, 2011, Resolution #2011-355, and by the Stanislaus County Board of Supervisors on August 16, 2011, Resolution #2011-474.
ARTICLE II
PURPOSE AND INTENT
The City of Modesto operates the Modesto City-County Airport for the benefit of all residents, business owners and visitors in and around the City of Modesto and surrounding areas. The City of Modesto and Board of Supervisors seek to ensure that the Modesto City-County Airport is maintained and developed in such a manner that it will continue to be a high-quality aviation facility for its users and a good neighbor in the community, recognizing that both the users and community may change as the surrounding area continues to grow and develop. The Committee has been established to assist and advise the City of Modesto and Stanislaus County Board of Supervisors in the implementation of these objectives.
ARTICLE III
POWERS AND DUTIES
The powers and duties of the Committee are:
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1. Advise the City of Modesto and the Modesto City Council on policy matters pertaining to the operation and management of Modesto City-County Airport, the uses of property adjacent to the airport if such uses may impact operations at the airport, and any other matters as the City Manager or Modesto City Council may from time to time request relating to the Modesto City-County Airport.
2. Review and make (recommendations regarding plans and policies for airport safety.
3. Review and assist in the preparation of the Airport Master Plan, Airport Business Plan, Airport Capital Improvement Plan, and other related plans and documents.
ARTICLE IV
MEMBERSHIP
The Committee shall consist of seven (7) voting members and three (3) non-voting members with the intent to include a diversity of backgrounds and perspectives on the Committee.
1. Members shall be appointed by the City of Modesto and Stanislaus County Board of Supervisors as follows:
Voting Members: Seven (7) members. The voting members of the Committee should be appointed based on the following criteria.
(a) Public at Large – Two (2) members
(One appointed by Stanislaus County and one by Modesto City Council) Consideration should be made for those who reside within the airport influence area or planning area of the Airport.
(b) Small Aircraft Owner/General Aviation – Two (2) members (One appointed by Stanislaus County and one by Modesto City Council) Members shall be a pilot or owner of a small private aircraft that is based at the Airport. (c) Corporate Aircraft Owner/General Aviation – One (1) member (Appointed by Stanislaus County)
Members should be a pilot/aircraft user or owner who flies primarily for business purposes and who is a tenant at the Airport.
(d) Business Owner/Service Provider – One (1) member
(Appointed by Modesto City Council)
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Member should be associated with a business/service provider who is a tenant at the airport.
(e) Commercial Carrier/Service Provider – One (1) member (Appointed by Modesto City Council)
Member should be associated with a commercial carrier/service provider who is a tenant at the airport.
Non-Voting Members: Three (3) members. The non-voting members shall be a member of the Committee, but shall be without a vote in matters of the business or the Committee. The non-voting members of the Committee should be appointed based on the following criteria.
(a) Stanislaus County Board of Supervisors – One (1) member (Appointed by County Board of Supervisors)
Member should be a member of the Board of Supervisors
(b) Modesto City Council - One (1) member
(Appointed by Modesto City Council)
Member should be a member of the City Council
(c) City of Ceres – One (1) member
(Appointed by Ceres City Council)
Member should be a staff liaison for the City of Ceres
2. Members of the Committee shall reside within Stanislaus County.
3. The terms of office for each Committee member shall be four (4) years, ending on June
30. The terms of the original members shall be staggered so that the terms of no more than two (2) members will expire in any one year.
4. Should a vacancy occur in a Committee position, the appointing agency shall appoint a replacement member to fill only the expired term of the vacant position(s)
5. If the Modesto City Council or Stanislaus County Board of Supervisors do not appoint a new member or reappoint an existing member, on or before the expiration of a member’s term, that member may hold over on a month-to-month basis until such time as the member is either reappointed or a new person has been appointed to the position.
6. The failure of a member to attend 75 percent (75%) of the regular meetings within one year (July through June) shall constitute a tender of resignation by that member, which tender can be accepted by the Committee without further notice. The Committee Clerk #2..
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shall promptly notify the City of Modesto or Stanislaus County Board of Supervisors of such resignation and resulting vacancy.
ARTICLE V
SUBCOMMITTEES
The Committee may form standing or ad hoc subcommittees, as needed.
ARTICLE VI
OFFICERS
1. The officers of the Committee shall be the Chair and Vice Chair.
2. The Committee shall elect from its members, at its regular meeting in July of each year, a Chair and Vice Chair. The Chair and Vice Chair should not serve more than two consecutive one-year terms. The newly elected officers shall take office upon election. A vacancy in either position shall be promptly filled by the Committee, and such replacement officer shall serve out the remainder of the term.
3. It shall be the duty of the Chair to preside over all Committee meetings, to appoint chairs of any standing or ad hoc subcommittees, and to exercise such other powers and perform such other duties as may be prescribed by the Committee.
4. It shall be the duty of the Vice Chair to assist the Chair in the execution of that office, to preside at meetings in the event Chair is absent, and to exercise such other powers and perform such other duties as may be delegated by the Chair or as may be prescribed by the Committee.
5. The Airport Manager shall serve as Clerk to the Committee, but shall not be a member of the Committee, and shall be without a vote in matters of the business of the Committee.
It shall be the duty of the Clerk to maintain the minutes and other records of the Committee, and to receive communications and correspondence addressed to the Committee.
ARTICLE VII
MEETINGS OF THE COMMITTEE
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1. Regular meetings of the Committee shall be held bi-monthly, starting in January, on the third Thursday unless it is a holiday, in which case the meeting shall be held on the Wednesday immediately preceding. Meetings shall be held at the Modesto City-County Airport office. A regular meeting time shall be designated by the Chair.
2. The regular meeting may adjourn and reconvene at any specified time and place with Stanislaus County upon a majority vote of the Committee.
3. Special meetings may be called at the discretion of the Chair, according to Section 54596 of the Government Code.
4. A regular meeting may be cancelled by the Chair, or Vice Chair in the absence of the Chair, not less than forty-eight (48) hours in advance of the meeting, due to an expected lack of a quorum or lack of business. A regular or special meeting may be cancelled by the Chair or Vice Chair at any time due to an emergency. The reason for cancellation shall be noted in the minutes.
5. Agendas for meetings shall be prepared by Committee staff and mailed at least five days prior to a meeting to all Committee members and to others on the approved agenda mailing list. Public notice of all meetings shall be given pursuant to the Brown Act (Government Code Sections 54950 and following) in compliance with the 72-hour posting deadline for regular meetings and the 24-hour deadline for special meetings.
6. All meetings of the Committee shall comply with the Ralph M. Brown Act.
7. Unless otherwise addressed by these Bylaws, the conduct of the affairs of the Committees and subcommittees shall proceed in accordance with the Rules of Order and Procedure as may be adopted by the Committee, or in the absence thereof, in accordance with the provisions of Robert’s Rules of Order.
ARTICLE VIII
QUORUM AND VOTING
1. The presence of four (4) voting members of the Committee shall constitute a quorum for the transaction of all business duly presented at a meeting of the Committee, even if one more members must abstain from voting on a particular item of business, but if less than the full quorum was eligible to vote on the item, the Chair may direct that the item be brought back for reconsideration at the next meeting of the Committee. #2..
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2. Each member of the Committee shall have one vote, which shall be exercised by the member, if present at a meeting, unless required to abstain due to an actual or perceived conflict of interest. Voting by proxy shall not be allowed.
3. A tie shall be a rejection of the approval sought for the agenda item, but if less than the full Committee was present to vote on the item, the Chair may direct that the item be brought back for reconsideration at the next meeting of the Committee.
ARTICLE IX
CONFLICT OF INTEREST
Members of the Committee shall comply with the terms and provisions of the California Political Reform Act, and shall abstain from acting on matters as required by that Act.
ARTICLE X
AMENDMENTS TO BYLAWS
These Bylaws may be amended, repealed, or altered, in whole or in part, upon approval by the Modesto City Council and Stanislaus County Board of Supervisors. A recommendation to amend, repeal, or alter these Bylaws, in whole or in part, may be made by a majority vote of the Committee members present at any duly organized meeting of the Committee, provided that a copy of any amendment proposed for consideration shall be mailed to the last recorded address of each member at least thirty days prior to the date of the meeting. These Bylaws, and any amendments to these Bylaws, shall take effect only upon approval by the City of Modesto and Stanislaus County Board of Supervisors.
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ARTICLE XI
SEVERABILITY
If any provision of these Bylaws, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of these Bylaws. #2..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
April 7, 2022
March 18, 2022
TO: City Appointments Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Scotty A. Douglass, Deputy City Manager
SUBJECT: Committee Appointments – Stanislaus Animal Services Agency Advisory Committee CONTACT: Scotty A. Douglass, Deputy City Manager, [email protected], 209-577-9149 DESCRIPTION:
Consider recommending appointments to fill one City of Modesto vacancy on the Stanislaus Animal Services Agency Advisory Committee and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan Initiative: Great Quality of Life: Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.
BACKGROUND:
The authority for the formation and operation of this Committee is set forth in the Joint Powers Agreement Establishing the Stanislaus Animal Services Agency (“SASA”) dated October 27, 2009, paragraph 3.3 (j) and Government Code section 6500. The SASA Board approved formation of this Committee at its meeting on September 15, 2011.
The Committee is established to protect and enhance the quality of life for animals and residents of Stanislaus County. Responsibilities include educating the community on animal care; public relations; and serving as a resource. The purpose of the Stanislaus Animal Services Agency Advisory Committee members includes serving as an advisor to the SASA Board and Executive Director, promote a public awareness of the Stanislaus Animal Services Agency, develop methods to promote adoption of animals at the shelter, develop methods to decrease the number of animals entering the shelter, and continue efforts to increase and encourage volunteer participation at the shelter.
The composition of this Committee shall be comprised of seven (7) members: six (6) members-Each member of the Stanislaus Animal Services Agency Board shall appoint a member to the Committee who shall reside in that member’s jurisdiction; and one (1) member who shall be a licensed #3..
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Appointments Committee, April 7, 2022
Committee Appointments – Stanislaus Animal Services Agency Advisory Committee
veterinarian appointed by the SASA Board. The licensed veterinarian must reside and maintain a physical location for their practice within County of Stanislaus or any of its cities. The Committee will draw on consultation of California Licensed Veterinarians, kennel owner/operators, animal groups, and others, as needed. The consultants will provide their expertise in a non-voting capacity.
DISCUSSION:
Each SASA Board member shall recommend an individual for appointment to the Committee in accordance with its local rules, and then subject to the SASA Board’s approval. All Committee members shall serve a term of two (2) years, and may be re-appointed for a second term with the approval of the SASA Board. After sitting out one term, a Committee member may re-apply for appointment. Members shall serve without compensation.
There is currently a single vacancy on the SASA Advisory Committee, and staff recommends selection of a member to represent the City of Modesto for a period of two (2) years as outlined above.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
Approved by:
Scotty A. Douglass, Deputy City Manager
Joseph P. Lopez, City Manager
Attachment:
1. Bylaws
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1 STANISLAUS ANIMAL SERVICES AGENCY
ADVISORY COMMMITTEE
BYLAWS
Adopted June 21, 2012
Amended November 20, 2014
ARTICLE 1-NAME
The name of this committee shall be the “Stanislaus Animal Services Agency Advisory Committee. Whenever the term “Committee” is used in these Bylaws, it shall mean Stanislaus Animal Services Agency Advisory Committee.
ARTICLE 2 - AUTHORITY
The authority for the formation and operation of this Committee is set forth in the Joint Powers Agreement Establishing the Stanislaus Animal Services Agency (“SASA”) dated October 27, 2009, paragraph 3.3 (j) and Government Code section 6500. The SASA Board approved formation of this Committee at its meeting on September 15, 2011.
ARTICLE 3-PURPOSE
The Committee is established to protect and enhance the quality of life for animals and residents of Stanislaus County. Responsibilities include educating the community on animal care; public relations; and serving as a resource. • Serve as an advisor to the SASA Board and Executive Director • Promote a public awareness of the Stanislaus Animal Services Agency • Develop methods to promote adoption of animals at the shelter. • Develop methods to decrease the number of animals entering the shelter. ▪ Continue efforts to increase and encourage volunteer participation at the shelter.
ARTICLE 4-MEMBERSHIP
Section 1. Composition. The composition of this Committee shall be comprised of seven (7) members: six (6) members-Each member of the Stanislaus Animal Services Agency Board shall appoint a member to the Committee who shall reside in that member’s jurisdiction; and one (1) member who shall be a licensed veterinarian appointed by the SASA Board. The licensed veterinarian must reside and maintain a physical location for their practice within County of Stanislaus or any of its cities.
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2 The Committee will draw on consultation of California Licensed Veterinarians, kennel owner/operators, animal groups, and others, as needed. The consultants will provide their expertise in a non-voting capacity.
Section 2. Subcommittees. There shall be standing, ad hoc sub-committees.
The Chairperson shall recommend members for appointment to these subcommittees, subject the approval of the Committee. No more than three (3) Committee members may serve on each subcommittee. Each subcommittee shall select a chairperson who may or may not be a member of the Committee.
Section 3. Other. The Chairperson shall be an ex-officio member of all committees. All plans and/or recommendations from a subcommittee shall be (a) presented by the sub-committee chairperson, or designee, to the Committee for action and (b) acted upon at the next regularly scheduled meeting of the Committee.
ARTICLE 5-MEETINGS
Section 1. Date and Location of Meetings. The regular meetings of this Committee shall be held on the first Thursday of January, February, April, May, July, August, October and November at 3647 Cornucopia Way, at 6:00pm.
All meetings of the Committee shall be conducted in accordance with the Ralph M. Brown Act. The Chair or a majority of the Committee members may call a special meeting to conduct business outside of the regularly scheduled meeting dates, as needed.
Section 2. Cancellation of Meetings. The Chair of the Committee may cancel a meeting with 72 hours notice. In the event of a meeting cancellation, the Secretary shall provide a notice stating the date, time, and place of the next meeting of the Committee.
Section 3. Public Comment. Every agenda for regular and special meetings shall provide an opportunity for members of the public to address the Committee on any item of interest concerning the Stanislaus Animal Services Agency.
Section 4. Agenda. At least five days before each regular meeting the Secretary shall post and send by email a copy of the agenda of the meeting to each Committee member and member of the public who has requested in writing to receive the agendas of Committee meetings. Committee members shall also receive the printed materials referenced in the agenda, provided they are a reasonable size. In addition, all printed materials referenced in the agenda of the Committee shall be available for public review at the offices of SASA. #3..
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3 ARTICLE 6 - PARLIAMENTARY PROCEDURE
Section 1. Parliamentary Authority. The rules of parliamentary practice set forth in Robert's Rules of Order shall govern all meetings of the Committee.
Section 2. Quorum. A quorum shall consist of a simple majority of the members of the Committee. In the absence of a quorum, the Committee may adjourn or may reschedule the meeting to a specific date and time.
Section 3. Voting. Each of the seven members shall be a voting member of the Committee. The affirmative vote of a majority of a quorum of the Committee shall constitute the vote required for action.
Section 4- Attendance at Meetings. Members are expected to attend all meetings of the Committee and those meetings of the sub-committees on which the member sits. A member who is unable to attend a meeting shall give advance notice of his/her inability to attend the meeting to the chairperson or secretary. A roll call shall be taken at the beginning of each meeting. A member who arrives late (after roll call) has the responsibility to notify the secretary taking minutes of his/her arrival before or by the end of the meeting.
ARTICLE 7-OFFICERS
Section 1-Terms of Chairperson and Vice Chairperson. The officers of the Committee shall be a Chairperson (“Chair”) and a Vice-Chairperson (“Vice Chair”). At the first regular meeting of the Committee in January of each calendar year, the members of the Committee shall elect officers from among them. The officers shall take office on the date of their election. Officers shall be elected to serve for one year (1) year or until their successor is elected.
Section 2- Chair Responsibilities. The Chair shall preside at all meetings of the Committee, shall preserve order and decorum, shall decide all questions of order raised by any member, and shall determine the agenda for each meeting in consultation with SASA Executive Director. The Chair shall have the right to participate in the proceedings of the Committee. The Chair shall represent the Committee before the SASA Agency Board. In the absence of the Chair, the Vice-Chair shall preside until such time as the Chair returns or until the next scheduled election. In the absence of both the Chair and the Vice-Chair, the members shall select by motion a member to preside over the meeting.
Section 3-Secretary.
The SASA Executive Director shall appoint a staff person to serve as Secretary.
The Secretary is not a member of the Committee and has no vote. The duties of the Secretary are to act as custodian of the records of the Committee, to make a complete record of the proceedings of the Committee, and to perform other functions directed by the Committee or by these Bylaws
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4 ARTICLE 8-ADVISORY COMMITTEE
Section 1-Term of Office. Each SASA Board member shall recommend an individual for appointment to the Committee in accordance with its local rules, and then subject to the SASA Board’s approval. All Committee members shall serve a term of two (2) years, and may be re-appointed for a second term with the approval of the SASA Board. After sitting out one term, a Committee member may re-apply for appointment. Members shall serve without compensation.
Section 2-Removal. Committee members may be removed for good cause by the SASA Board. Upon removal, the SASA Board shall appoint a suitable person, from the same jurisdiction as the removed member, to serve the remaining term of a Committee member. The person appointed to fill this unexpired term shall not be considered to have served a term.
Section 3-Vacancy. When a vacancy occurs for any reason the Committee Secretary shall notify SASA Board. The SASA Board shall appoint a suitable person from the same jurisdiction until the end of the unexpired term. The person appointed to complete the unexpired term shall not be considered to have served a term.
Section 4-Conflict of Interest. When a matter is discussed, considered or voted on by the Committee or a sub-committee that involves potential financial benefit, or other conflicting concern, to a Committee member, that member shall abstain from such discussion, consideration, and vote on that matter.
ARTICLE 9: ADOPTION AND AMENDMENT
Section 1-Adoption. These Bylaws shall become effective immediately upon approval by a majority of the membership of the Committee and approval by the Stanislaus Animal Service Agency Board.
Section 2-Amendment. These Bylaws may be amended by a majority vote of a quorum of the Committee provided that fifteen (15) days before the meeting, the full Committee is notified of the language of such change(s) and of the time, date and place of the intended vote on such change(s). The amendment will not be effective until approved by the Stanislaus Animal Services Agency Board. #3..
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
April 7, 2022
Date: March 22, 2022
TO: Appointments Committee
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Board of Zoning Adjustment Appointment
CONTACT: Steve Mitchell, Planning Manager
[email protected], 209-577-5267
DESCRIPTION:
Consider interviewing and recommending to the City Council the appointment of one prospective candidate to fill the vacancy on the City of Modesto Board of Zoning Adjustment. (Funding Source: Not Applicable)
FISCAL IMPACT:
There is no fiscal impact related to this action.
DISCUSSION:
Board Member Vladimir Rodriguez’s second term ended on January 1, 2022, leaving a vacancy on the Board. This vacancy is to be filled by a prospective candidate, subject to interviews by the Appointments Committee, as required by Council policy, and final approval by the City Council.
Approved by:
Jaylen French
Director of Community & Economic Development
Joseph P. Lopez, City Manager
Attachment:
1. Bylaws
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EXHIBIT “A”
April 23, 1987
Revised November 18, 1999
RULES AND REGULATIONS
of the
BOARD OF ZONING ADJUSTMENT OF THE CITY OF MODESTO
ARTICLE VI.
PARLIAMENTARY PROCEDURES
Section 6.1 - Rules of Debate. The Chairperson, or such other member of the Board of Zoning Adjustment as may be presiding, may second and debate from the chair, subject only to such limitations of debate as are by these rules imposed upon all members. The Chairperson shall not be deprived of any of the rights and privileges of a Board member by acting as the Presiding Officer exempt the making of motions. (a) Getting the floor. Every member desiring to speak shall address the chair, and, upon recognition by the Presiding Officer, shall address only the question under debate, avoiding all personalities and indecorous language. (b) Interruptions. A member once recognized, shall not be interrupted when speaking other than by the Presiding Officer to call the member to order, or as herein otherwise provided. If a member, while speaking, be called to order, the member shall cease speaking until the question of order be determined, and, if in order, the member shall be permitted to proceed.
(c) Privilege of closing debate. The Board member moving the adoption of a resolution or motion shall have the privilege of closing the debate. (d) Remarks of Board member. A Board member may request through the Presiding Officer, the privilege of having an abstract of the member's statement on any subject under consideration by the Board entered in the minutes. If the Board consents thereto, such statement shall be entered in the minutes. (e) Synopsis of debate. The Secretary may be directed by the Presiding Officer, with the consent of the Board, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Board.
Section 6.2 - Rules for Processing of Motions.
(a) Making and withdrawing motions. When a motion is made, it shall be stated clearly and concisely by its mover. After a motion is made, it may be stated by the Presiding Officer before debate. A motion may be withdrawn by the mover without the consent of the remaining Board members.
(b) Divisible propositions. If the question contains two (2) or more divisible propositions, the Presiding Officer may, and upon request of a Board member shall, divide the same.
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Rules and Regulation of the BZA
(c) Precedence of motions. When a motion is before the Board, no motion shall be entertained except (precedence in order indicating):
(aa) To adjourn.
(ab) To fix hour of adjournment.
(ac) To lay on the table.
(ad) For the previous question.
(ae) To postpone to a certain day.
(af) To refer.
(ag) To amend.
(ah) To postpone indefinitely.
(d) Motion to adjourn. A motion to adjourn shall be in order any time except as follows:
(aa) When repeated without intervening business or discussion. (ab) When made as an interruption of a member while speaking. (ac) When the previous question has been ordered.
(ad) While a vote is being taken.
A motion to adjourn to "another time" is debatable only as to the time to which the meeting is adjourned.
(e) Motion to table. A motion to table or lay on the table is not debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" only by a successful motion to add it to the agenda at a subsequent meeting, to be discussed at the following regular meeting.
(f) Motion for previous question. A motion for previous question shall close debate on the main motion and shall be undebatable. The statement by a Board member "I call for the question" does not accomplish the same purpose. If a motion fails, debate is reopened, if motion passes, then vote shall be taken on the main motion. (g) Motion to amend. A motion to amend shall be in order and is debatable only as to the proposed amendment. A motion to amend an amendment shall not be in order. Amendments are to be voted first, then the main motion as amended. (h) Motion to postpone. A motion to postpone indefinitely shall be fully debatable and if the same is adopted the principal motion shall be declared lost. A motion to postpone to a definite time shall be amendable and debatable as to propriety of postponement and time set.
(i) Motion to refer. A motion to refer to staff or to a Board committee shall not be debatable except for the propriety of referring. (j) Motion to reconsider. A motion to reconsider any action taken by the #4..
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Rules and Regulation of the BZA
Board may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and shall be debatable. Nothing herein shall be construed to prevent a Board member of the prevailing side from remaking the same motion at a subsequent meeting of the Board. In such an event, the person desiring to remake the motion for reconsideration shall submit a written request for reconsideration to the Board Secretary, who shall place the matter on the agenda for the next regular meeting of the Board.
Section 6.3 - Parliamentarian. The Chairperson, acting with the advice of the City Attorney, shall decide all questions of interpretation of these rules and any other questions of a parliamentary nature which may arise at a Board of Zoning Adjustment meeting. #4..
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