Agenda packet — Appointments Committee, June 30, 2022

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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, June 30, 2022 at 4:00 PM
*Roll Call: Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Chris Ricci, Member
Alternates: Tony Madrigal, Jenny Kenoyer, 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 - 1 -
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Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before 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 - 2 -
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public comment.
 You will hear “you are unmuted” and then you will have three minutes 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
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue.

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 - 3 -
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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 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 reappointing Mary Ramirez to the Housing Rehabilitation Loan Committee, with a term expiration of December 31, 2025, and forwarding to Council for approval. (Funding Source: Not Applicable)
CED; Jessica Hill, 209-577-5321, [email protected]

2. Consider approving the appointment of Omar Silva to the Housing Rehabilitation Loan Committee (HRLC) as the Citizen’s Housing and Community Development Committee (CH&CDC) representative with a term expiration of January 1, 2024 and forwarding to Council for approval. (Funding Source: Not Applicable) CED; Jessica Hill, 209-577-5321, [email protected]

NEW BUSINESS

3. Consider recommending appointments to fill nine City of Modesto vacancies on the Equity Commission for a four-year term and forwarding to Council for approval. (Funding Source: Not Applicable)
HUMAN RESOURCES; Christina Alger, 209-571-5126, [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 REPORT
DATE OF MEETING:

June 30, 2022
Date: May 23, 2022
TO: Appointments Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Reappointment of Mary Ramirez to the Housing Rehabilitation Loan Committee CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:

Consider reappointing Mary Ramirez to the Housing Rehabilitation Loan Committee, with a term expiration of December 31, 2025, and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This action supports the City’s Strategic Commitment, “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 Housing Rehabilitation Loan Committee (HRLC) is responsible for reviewing and approving Housing Rehabilitation Loans and Homebuyers' assistance loans and for reviewing policy and procedures for both programs. Seven (7) members are appointed by the City Council for a 4-year term, with one alternate member from the Citizens Housing and Community Development Committee.

Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.

DISCUSSION:
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Appointments Committee, June 30, 2022
Reappoint Mary Ramirez to the Housing Rehabilitation Loan Committee

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The Housing Rehabilitation Loan Committee requires a member from the Stanislaus Regional Housing Authority to reside on the committee. On June 24, 2014, by City Council Resolution No. 2014-240, Mary Ramirez was appointed to the Housing Rehabilitation Loan Committee with a term ending of June 10, 2018. On August 8, 2018, by City Council Resolution No. 2018-319, Mary was appointed to her second term with an ending date of December 31, 2021. Since this time, Mary Ramirez has been the appointed Stanislaus Regional Housing Authority’s Representative (formerly the Housing Authority of Stanislaus County) to the Housing Rehabilitation Loan Committee since her first term began on June 24, 2014. Between 2021 & 2022 we have held (7) meetings of which Mary has been present for 4 of those meetings.

FISCAL IMPACT:

There is no fiscal impact related to this action.

Approved by:

Jaylen French, Director of Community & Economic Development Department
Joseph P. Lopez, City Manager
Attachments:

1. Resolution 2014-240

2. Resolution 2018-319

3. Email from Jim Kruse

4. HRLC Bylaws
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1 Erica Hunt
From: Jim Kruse <[email protected]>
Sent: Wednesday, May 4, 2022 3:32 PM
To: Trena Ochoa; Mary Ramirez
Cc: Erica Hunt; Leslie Danhoff; Jessica Hill; Edgar Garcia; Cynthia Formosa Subject: RE: HRLC appointment
Dear Ms. Ochoa:

This email is written to inform the City of Modesto Community Development Division that Mary Ramirez has been appointed to serve as Stanislaus Regional Housing Authority’s representative for the City of Modesto’s Rehabilitation and Loan Committee. Should any questions arise, please contact Teresa Kinney at [email protected] or at 209-557-2069.

Sincerely,
Jim Kruse
Executive Director
Stanislaus Regional Housing Authority
1701 Robertson Rd. Modesto CA 95350
(209) 557-2002
Serving Alpine, Amador, Calaveras, Inyo, Mariposa, Mono, Stanislaus and Tuolumne Counties ************************************************************************************* CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential, private and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. Further, if the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited.

From: Trena Ochoa <[email protected]>
Sent: Wednesday, May 4, 2022 1:03 PM
To: Mary Ramirez <[email protected]>; Jim Kruse <[email protected]> Cc: Erica Hunt <[email protected]>; Leslie Danhoff <[email protected]>; Jessica Hill <[email protected]>; Edgar Garcia <[email protected]>; Cynthia Formosa <[email protected]> Subject: RE: HRLC appointment
Hi Jim,
Is there any way we may obtain from you an email stating Mary Ramirez is the Housing Authority’s representative for our Housing Rehabilitation Loan Committee?
I appreciate your assistance.

Thank you,
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HRLC Bylaws Page 1 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Housing Rehabilitation Loan Committee
BYLAWS
Article I. Definitions
Section 1.01 There is a Committee created to be known and designated as the Housing Rehabilitation Loan Committee.

Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) "Member" shall mean a member of the Housing Rehabilitation Loan Committee. (b) "Housing Rehabilitation Loan Committee" and "Committee" shall mean the Housing Rehabilitation Loan Committee.

Article II. Objectives
Section 2.01 The Committee shall be responsible for reviewing and approving the City of Modesto’s (City) housing rehabilitation loans, homebuyers' assistance loans, and for reviewing policy and procedures for both programs.

Article III. Membership
Section 3.01 The Housing Rehabilitation Loan Committee shall consist of seven (7) qualified persons and one (1) alternate comprised of the following:

Seat Designation Term
Councilmember (appointed by the Mayor)
Financial Institution - Representative
Service Provider - Representative
General Contractor (active or retired)
Housing Authority of Stanislaus County – Representative Citizen-at-Large
Citizen-at-Large
Citizens’ Housing and Community Development Committee – Representative (Alternate)
4 years
4 years
4 years
4 years
4 years
4 years
4 years
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HRLC Bylaws Page 2 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 3.02 The Members of the Committee shall reside within the City limits of the City at the time of appointment and must maintain residence within the City at all times during their service on the Committee with the exception of the appointed representative of the Housing Authority of Stanislaus County.

Section 3.03 No Member of the Committee shall be an employee of the City, nor any bargaining unit for employees of the City, nor a person who receives compensation from the City.

Section 3.04 All appointments shall be approved by the City’s Appointments Committee.

Section 3.05 No Member of the Committee shall be a relative by blood or marriage within the third degree of the Mayor, Councilmember, Charter Officer, or any department director or deputy department director.

Section 3.06 All Members must complete Statement of Economic Interest (Form 700) by April 1st of each year and when assuming or leaving Committee membership.

Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) terms. Full terms are four (4) years in duration.

Section 4.02 A partial term of two (2) or more years shall be considered a full term for purposes of Section 4.01.

Section 4.03 Full term appointments begin on January 1 and expire on December 31 four(4) years subsequent.

Section 4.04 Members may be reappointed after their initial term. Members serving two (2) consecutive terms may be reappointed after a break in service of 12 months.

Section 4.05 Members not eligible for reappointment may continue to serve until their successors are appointed. No member shall serve more than eight (8) consecutive years, with the exception of those who are serving until their successors are appointed.

Section 4.06 The Members of the Committee shall receive no compensation for the performance of their official duties.
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HRLC Bylaws Page 3 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 4.07 Appointments to fill vacancies on the Committee shall be handled in the same manner as original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.

Section 4.08 Members of the Committee may be removed by a majority vote of the City Council after a recommendation by the Committee Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the member is first provided in writing the reasons for such removal and gives the member the opportunity to be heard before the Council in their own defense. (b) Refusal to resign from the Committee when no longer a resident of the City or when a conflict of interest exists.

Article V. Attendance at Meetings
Section 5.01 It shall be the responsibility of each Member to know the dates and times of all Committee meetings. If a Member knows he or she will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Committee Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence.

Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused and those who are unexcused.

Section 5.03 Attendance at meetings is expected and necessary to carry out the mission of the Committee. Three or more consecutive unexcused absences are grounds for removal from the Committee by the City Council.

Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-chair elected by a majority vote of the members of the Committee. Officers shall serve a four-year term.

Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding and debate.

Section 6.03 The Chair shall preside at all meetings, shall appoint all ad-hoc committees, and shall ensure that the bylaws, rules and regulations as adopted by the Committee are properly enforced.
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HRLC Bylaws Page 4 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 6.04 The Vice-chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.

Section 6.05 The Committee Secretary shall be a City staff member, appointed by the Community & Economic and Development Department, to serve as secretary. The Committee Secretary shall keep a record of the minutes of all Committee meetings and such other duties as are usually performed by a secretary.

Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chairperson as necessary.

Section 7.02 Notices of all meetings, including agendas, shall be given to all Members of the Committee, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Committee in writing at least seventy-two hours prior to the time of such meeting.

Section 7.03 All meeting agendas will be posted at Tenth Street Place.

Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Section 7.05 A quorum is necessary for the Committee to transact any business. A quorum shall be defined as a simple majority of active Committee members which is one-half of the active members plus one.

Section 7.06 All meetings of the Committee shall be open to the public and shall be held at a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.

Article VIII. Order of Proceedings
Section 8.01 Sturgis' Standard Code of Parliamentary Procedure shall be the guide for parliamentary procedures in the conduct of Committee meetings.

Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
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HRLC Bylaws Page 5 of 5 Amended: 10-25-2016
Resolution No. 2016-424
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Committee Comments & Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chairperson and shall state their names before making any statement, which shall become a part of the public record. The Chairperson may remove any person who refuses to follow these rules or the decision of the Chairperson.

Article IX. Amendments
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Committee by the City Council. #1..
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CITY OF MODESTO

COMMITTEE REPORT
DATE OF MEETING:

June 30, 2022
May 23, 2022
TO: Appointments Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Appointment of Omar Silva to the Housing Rehabilitation Loan Committee (HRLC) as the Citizen’s Housing and Community Development Committee (CH&CDC) representative
CONTACT: Jessica Hill, Community Development Manager
[email protected], (209) 577-5321
DESCRIPTION:

Consider approving the Appointment of Omar Silva to the Housing Rehabilitation Loan Committee (HRLC) as the Citizen’s Housing and Community Development Committee (CH&CDC) representative with a term expiration of January 1, 2024 and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The Modesto Housing Rehabilitation Loan Committee (HRLC) is responsible for reviewing and approving housing rehabilitation loans and homebuyers' assistance loans and for reviewing policy and procedures for both programs. Seven (7) members are appointed by the City Council for a 4-year term, with one alternate member from the Citizens Housing and Community Development Committee.

Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.

DISCUSSION:
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Appointments Committee, June 30, 2022
Appointment of Omar Silva to the Housing Rehabilitation Loan Committee as the CH&CDC Committee Representative

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The Citizen’s Housing and Community Development Committee met on March 11, 2021, and recommended the appointment of Omar Silva as its representative to the Housing Rehabilitation Loan Committee. Mr. Silva, is qualified and willing to be appointed as the CH&CDC representative to the HRLC until January1, 2024 Between 2021 and 2022 HRLC has met (7) times and of those Omar Silva has attended 3 times.

FISCAL IMPACT:

There is no fiscal impact with the subject appointments.

Approved by:

Jaylen French
Director of Community and Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Minutes from March 11, 2021 CH&CDC Meeting

2. HRLC ByLaws
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CH&CDC Minutes – March 11, 2021

MEETING MINUTES

CITY OF MODESTO
CITIZENS’ HOUSING & COMMUNITY DEVELOPMENT COMMITTEE
1010 10th Street, Modesto, CA 95354 Suite 2005
Modesto, California
Thursday, March 11, 2021 at 12:00 p.m.

The Zoom meeting was called to order by Chairperson Councilmember Kenoyer at 12:09 p.m.

ROLL CALL
Members Present: Chairperson Councilmember Kenoyer, Councilmember Ricci, Sonja Hurst, Julie Scherer, Carmen Morad, and Omar Silva
Members Absent: Kyle Fliflet, Douglas Parman, Dewey Bedford Staff Present: Jessica Narayan, Juan Gonzalez, Heather Jones and Laura Akin
Public Attendance: None

DECLARATION OF CONFLICT OF INTEREST

PUBLIC COMMENT PERIOD
CONSENT ITEMS – UNLESS WITHDRAWN FROM CONSENT, ITEMS ARE APPROVED AT ONE TIME.

1. Consider approving minutes for the February 11, 2021 meeting.

ACTION: Motion (Morad/Kenoyer 5/0) approving minutes for the February 11, 2021 meeting.
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CH&CDC Minutes – March 11, 2021

NEW BUSINESS

2. Consider approving a Community Development Block Grant CARES Act (CDBG-CV3) grant to Stanislaus County Affordable Housing Corporation (STANCO), in an amount not to exceed $450,000 and $25,000 in activity delivery costs for the acquisition of the property located at 835 California Avenue, Modesto CA for the development of Permanent Supportive Housing, to prevent, mitigate, and respond to the spread of COVID-19.

ACTION: Motion (Ricci/Kenoyer; 6-0) awarding $450,000 in Community Development Block Grant CARES Act (CDBG-CV3) grant to Stanislaus County Affordable Housing Corporation (STANCO), and $25,000 in activity delivery costs for the acquisition of the property located at 835 California Avenue, Modesto CA for the development of Permanent Supportive Housing, authorizing the City Manager or his designee to execute the agreement, and forwarding to Council for approval.

3. Nomination and Election of the CH&CDC Representative to the Housing Rehabilitation Loan Committee (HRLC)
ACTION: Motion (Morad/Scherer; 6-0) Chairperson Kenoyer requested volunteers, Committee Member Silva volunteered to act as the CH&CDC Representative to the Housing Rehabilitation Loan Committee.

4. Presentation on CDBG/ESG Public Service Notice of Funding Availability and seek representatives to serve on the Application Evaluation and Scoring Sub-Committee.

ACTION: Motion (Ricci/Hurst; 6/0) Chairperson Kenoyer asked for at least three CH&CDC members to volunteer; Chairperson Kenoyer, Julie Scherer, Omar Silva and Sonja Hurst volunteered.

COMMITTEE COMMENTS & REPORTS
Council Member Kenoyer opened up the meeting to comments from Committee Members.

Committee Member Scherer provided comments about having a tiered HRP income limits and to change criteria; suggested we look at the model used in Des Moines, Iowa program.

Committee Member Silva would like the City to consider that the level of ADA support for accessibility not be based on income levels.

MATTERS TOO LATE FOR THE AGENDA
(These may be presented by members of the Citizens’ Housing and Community Development 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
There being no further business, the meeting was adjourned at 12:53 p.m. by Chairperson Councilmember Kenoyer.
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CH&CDC Minutes – March 11, 2021
Respectfully submitted and approved by,
Jessica Narayan, Community Development Manager
Community and Economic Development Department
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HRLC Bylaws Page 1 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Housing Rehabilitation Loan Committee
BYLAWS
Article I. Definitions
Section 1.01 There is a Committee created to be known and designated as the Housing Rehabilitation Loan Committee.

Article III. Membership
Section 3.01 The Housing Rehabilitation Loan Committee shall consist of seven (7) qualified persons and one (1) alternate comprised of the following:

Seat Designation Term
Councilmember (appointed by the Mayor)
Financial Institution - Representative
Service Provider - Representative
General Contractor (active or retired)
Housing Authority of Stanislaus County – Representative Citizen-at-Large
Citizen-at-Large
Citizens’ Housing and Community Development Committee – Representative (Alternate)
4 years
4 years
4 years
4 years
4 years
4 years
4 years
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HRLC Bylaws Page 2 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 3.02 The Members of the Committee shall reside within the City limits of the City at the time of appointment and must maintain residence within the City at all times during their service on the Committee with the exception of the appointed representative of the Housing Authority of Stanislaus County.

Section 3.03 No Member of the Committee shall be an employee of the City, nor any bargaining unit for employees of the City, nor a person who receives compensation from the City.

Section 3.04 All appointments shall be approved by the City’s Appointments Committee.

Section 3.06 All Members must complete Statement of Economic Interest (Form 700) by April 1st of each year and when assuming or leaving Committee membership.

Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) terms. Full terms are four (4) years in duration.

Section 4.02 A partial term of two (2) or more years shall be considered a full term for purposes of Section 4.01.

Section 4.03 Full term appointments begin on January 1 and expire on December 31 four(4) years subsequent.

Section 4.04 Members may be reappointed after their initial term. Members serving two (2) consecutive terms may be reappointed after a break in service of 12 months.

Section 4.06 The Members of the Committee shall receive no compensation for the performance of their official duties.
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HRLC Bylaws Page 3 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 4.07 Appointments to fill vacancies on the Committee shall be handled in the same manner as original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.

Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused and those who are unexcused.

Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-chair elected by a majority vote of the members of the Committee. Officers shall serve a four-year term.

Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding and debate.

Section 6.03 The Chair shall preside at all meetings, shall appoint all ad-hoc committees, and shall ensure that the bylaws, rules and regulations as adopted by the Committee are properly enforced.
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HRLC Bylaws Page 4 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 6.04 The Vice-chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.

Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chairperson as necessary.

Section 7.03 All meeting agendas will be posted at Tenth Street Place.

Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Article VIII. Order of Proceedings
Section 8.01 Sturgis' Standard Code of Parliamentary Procedure shall be the guide for parliamentary procedures in the conduct of Committee meetings.

Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
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HRLC Bylaws Page 5 of 5 Amended: 10-25-2016
Resolution No. 2016-424
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Committee Comments & Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chairperson and shall state their names before making any statement, which shall become a part of the public record. The Chairperson may remove any person who refuses to follow these rules or the decision of the Chairperson.

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 30, 2022
June 8, 2022
TO: City Appointments Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Commission Appointments – Equity Commission
CONTACT: Christina Alger, Director of Human Resources, [email protected], 571-5126 DESCRIPTION:

Consider recommending appointments to fill nine City of Modesto vacancies on the Equity Commission for a four-year term 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: Service and Delivery Goal I: Promote trust and engagement between the community and the City; and Goal J:

Build a high-performance organization.
.

BACKGROUND:

The newly formed Equity Commission was adopted by Council on January 25, 2022 by Resolution No. 2022-054. This action renamed and repurposed the Equal Opportunity/Disability Commission to the Equity Commission. The original commission was charged with advising on matters related to equal employment opportunity. This Commission had become dormant for approximately the last five years.

City staff created a Diversity, Equity, and Inclusion program which also was adopted on January 25, 2022 by Resolution No. 2022-051. This comprehensive program addresses needed focus and training of staff City-wide for both internal relations and service to our community. Under the program are multiple Plans that address various aspects of DEI to include the Equal Employment Opportunity Plan, Language Access Plan, Americans with Disabilities (ADA) Plan, and the supporting Equity Commission.

The new Equity Commission is purposed to advise on matters related to all faucets of the DEI program and subsequent plans and initiatives. The former Equal Opportunity/Disability Commission #3..
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Appointments Committee, June 30, 2022
Commission Appointments – Equity Commission

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jointly met with the Human Relations Commission. This practice with continue with the Equity Commission.

DISCUSSION:

The newly formed Equity Commission has eleven vacant seats to fill. City staff began advertising these seats on our various social media platforms on April 14, 2022 to gain applications. A total of nine applications were received to date.

Staff recommends considering these applications to fill a possible nine seats. Advertising will continue to fill the remaining seats of this commission.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

Approved by:

Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachment:

1. Equity Commission Bylaws
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1 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22

RULES OF PROCEDURE
OF THE

EQUITY COMMISSION
OF THE

CITY OF MODESTO

ARTICLE I

ORGANIZATION
Section 1.1 Establishment. The Affirmative Action Commission of the City of Modesto is established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987. Pursuant to Council Resolution No. 98-134 on March 3, 1998, the name of the Commission changed to Equal Opportunity/Disability Commission, to more accurately reflect the mission of the Commission. With the passage of Proposition 209, the City reviewed its employment policies, affirmative action policies and other relevant policies and procedures and amended them as necessary to comply with Proposition 209. As part of the compliance effort, the Commission retiled from the Affirmative Action Commission to Equal Opportunity and Disability Commission. In an effort to meet the needs of the community and workforce, the Commission has reviewed its mission. To better align with the goals of the City, the City Council retitled from the Equal Opportunity and Disability Commission to the Equity Commission.

ARTICLE II
DUTIES
Section 2.1 Duties. The duties of the Equity Commission are:

A. To advise the City Manager and the City Council in matters that relate to equity and inclusion, equal opportunity and disability related issues.

B. To formulate and recommend policy to the City Council and City Manger in matters that pertain to equity and inclusion, equal opportunity and disability related issues, to include workforce and services provided to the community.

C. To review the practices and procedures of the City of Modesto in all matters that relate to equity and inclusion, equal opportunity and disability, to include workforce and services provided to the community.

D. To monitor the Equal Employment Opportunity Plan which strives to obtain a City work force which reflects the labor force within the City and Stanislaus County.
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2 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
E. To continually review the accomplishments of the City of Modesto in meeting its equity and inclusion goals.

F. To be updated statistically on complaints and grievances in regard to equal employment opportunity, equity and inclusion, and disability submitted to the City of Modesto.

ARTICLE III

MEETINGS
Sections 3.1 Regular Meetings. A regular meeting of the Commission shall be held at 5:00 p.m. on the third Monday of each calendar month, except for January and February when meetings will be held on the fourth Monday due to observance of Martin Luther King Jr. Day and President's Day.

Section 3.2 Special Meetings. A special meeting may be called at any time by the Chair of the Commission or upon the written request of three (3) members of the Commission. Whenever a special meeting shall be called, written notice of such meeting shall be made in accordance with Section 3.6 hereof.

Section 3.3 Place of Meetings. Meetings shall be held at the location designated in the agenda for the meeting.

Section 3.4 Meetings to be Public. All meetings of the Commission shall be open to the public, except where closed sessions may be held by law and as deemed necessary by the Commission.

Section 3.5 Attendance. Regular attendance at all meetings of the Commission is required of all members to enable the Commission to discharge its duties. If a member is absent from three (3) meetings of the Commission consecutively, without securing the permission of the Commission, expressed in its official minutes, the Commission may recommend the City Council request the resignation from the Commission of any such member. The Secretary shall report to the Commission when a Commissioner has accrued 4 (four) absences during the calendar year (January – December) for consideration of the Commission.

Section 3.6 Agenda. In order to facilitate the orderly conduct of the business of the Commission:

A. The secretary shall arrange a list of the matters to be considered by the Commission at its next meeting in accordance with the order of business.

The agenda and all other reports and other supplemental material shall be delivered (electronic, postal, or other means as needed to each member of the Commission prior to the Commission meeting at which they are to be considered as far as possible in advance of the meeting as time will permit.

In accordance with amendments to the Ralph M. Brown Act, the agenda will #3..
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3 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
be posted in a place freely accessible to the public at least 72 hours prior to the meeting. Copies will also be mailed to each person or organization affected by an item on the agenda or requesting notice in writing, each local newspaper of general circulation, and radio or television stations requesting notice in writing.

B. Interested persons in the audience may make presentations to the Commission on agendized items and under the Oral Communication item.

Matters presented under this item cannot be discussed nor acted upon by the Commission at that meeting. Members of the Commission and staff may present items under Matters Too Late for the Agenda,

1. upon determination by a majority of the Commissioners present that an emergency exists; or

2. when the need to take action on the matter arose subsequent to the publishing of the agenda by a two-thirds vote of the Commission, or

3. if less than two-thirds of the members are present, by a unanimous vote of those present.

With the unanimous consent of the members of the Commission present at the meeting, matters may be taken up out of order.

C. The agenda shall specify the time and place of the meeting and a brief description of each item of business to be transacted.

D. The agenda shall be posted in public places as required by law.

Section 3.7 Order of Business. The order of business shall be:

A. Call to Order
B. Roll Call
Consideration of Absences
C. Introduction of Guests
D. Approval of Minutes
E. Oral Communications.

F. Reports
Committees
Staff
F. Unfinished Business.

G. New Business.

H. Written Communications.

I. Matters Too Late for the Agenda.

J. Adjournment.

Section 3.8 Reading the Minutes. Unless the reading of the minutes of the Commission meeting is requested by a member of the Commission, such minutes may be approved without reading if the secretary has previously furnished each member of the Commission with a copy thereof.
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4 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
Section 3.9 Method of Action. All decisions of the Commission shall be by motion.

Upon the request of any member, roll call vote shall be taken and recorded on any vote. Whenever a roll call vote of the Commission is in order, the names of the members shall be called in alphabetical order except that the name of the presiding officer shall be called last. The affirmative or negative vote of a majority of the entire membership of the Commission shall be necessary for it to take action.

ARTICLE IV
QUORUM
Section 4.1 Quorum. A majority of the appointed members of the Commission shall constitute a quorum for the transaction of business, but fewer members than a quorum may adjourn from time to time.

If all members are absent from any meeting, the Secretary may declare the meeting adjourned to a stated time and place. If the Secretary does so, the Secretary shall cause a written notice of the adjournment to be given in the same manner as provided in Section 3.6.

ARTICLE V

ELECTED OFFICERS
Section 5.1 Chair and Vice Chair. The elected officers of the Commission shall be:

A Chair whose duties shall be to preside at all meetings and call special meetings; and
A Vice Chair, who shall, in the absence of the Chair, perform the duties of the Chair.

Section 5.2 Election of Officers. The Chair and Vice Chair of the Commission shall be elected annually at the regular meeting in January. Each officer is to hold office for no more than two terms consecutively.

Section 5.3 Interim Vacancies. If the Vice Chair of the Commission vacates that office prior to the end of his/her term, the Chair may appoint an interim Vice Chair for the remainder of the calendar year.

If the Chair of the Commission vacates that office prior to the end of his/her term, an interim Chair shall be elected by the Commission for the remainder of the calendar year.

ARTICLE VI

PROCEDURES, POWERS, DUTIES AND STAFF
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5 Adopted 2/22/88
Amended by City Council 2/16/93
Amended by Commission 1/23/2012
Amended by City Council 1/25/22
Section 6.1 Authority. The provisions of the Charter, Municipal Code, and Personnel Rules of the City of Modesto, and these Rules of Procedure pertaining to procedures, powers, duties and staff of the Commission shall prevail in the order stated.

Section 6.2 Secretary. The City shall appoint a staff representative to serve as the Commission’s Secretary. The Secretary shall keep a written record of all business transacted by the Commission, notify Commission members of meetings, keep official records of the Commission, and perform such other duties as the Commission may require.

Section 6.3 Amendment of Rules of Procedure. These Rules of Procedure may be amended from time to time by motion adopted by an affirmative vote of a majority of the entire membership of the Commission.

ARTICLE VII

PARLIAMENTARY PROCEDURE
Section 7.1 Sturgis Standard Code of Parliamentary Procedure. Except as otherwise provided in these Rules of Procedure, all meetings of the Commission shall be conducted in accordance with the current edition of “Sturgis Standard Code of Parliamentary Procedure.”

ARTICLE VIII

COMMITTEES
Section 8.1 Standing Committees. The standing committees of the Commission shall be the Community Outreach Committee, Disability Awareness Committee, Fair Housing Committee. Each Committee will be composed of 3 to 5 members of the Commission appointed by the Chair to serve until the next annual meeting of the Commission. Members appointed to fill vacancies on Committees shall serve for the unexpired terms of the members they replace.

Section 8.2 Special Committees. There shall be such special committees as the Commission may establish from time to time. The members of such special committees shall be appointed by the Chair of the Commission and shall serve for terms established by the Commission.

Section 8.3 Ex Officio Committee Member. The Chair of the Commission shall serve as an ex officio member of all Commission committees.
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Appointments CommitteeJune 30, 2022

Appointments Committee
June 30, 2022