Agenda packet — Appointments Committee, December 12, 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)
Monday, December 12, 2022 at 3:00 PM
*Roll Call: Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Chris Ricci, Member
Alternates: Eric Alvarez, Nick Bavaro, Jeremiah Williams, 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. “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

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.
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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 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.
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 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 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
An item may be removed from consent and discussed at the request of an audience member or Committee Member.
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Consent

1. Consider reappointing Rhoda Yare and Sandra Wilson to the Housing Rehabilitation Loan Committee for a second term with term expirations of December 31, 2026 and forwarding to Council for approval. (Funding Source: Not Applicable)  Motion reappointing Rhoda Yare and Sandra Wilson to the Housing Rehabilitation Loan Committee for a second term with term expirations of December 31, 2026 and forwarding to Council for approval.

CED; Jessica Hill, 209-577-5321, [email protected]
Consent

2. Consider reappointing John Bergman to the Board of Building Appeals Committee (BBA) as the Chairperson through January 1, 2027 and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion reappointing John Bergman to the Board of Building Appeals Committee (BBA) as the Chairperson through January 1, 2027 and forwarding to Council for approval.

CED; Oscar Diaz, 209-571-5885, [email protected]
Consent

3. Consider reappointing Chris Guptill to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2026 and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion reappointing Chris Guptill to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2026 and forwarding to Council for approval.

PRN; Nathan Houx, 209-571-5526, [email protected]

NEW BUSINESS

4. Consider interviewing and recommending the appointment for one vacancy on the City of Modesto Planning Commission and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion to interview and recommend the appointment for one vacancy on the City of Modesto Planning Commission and forwarding to Council for approval.

CED; Jessica Hill, 209-577-5267, [email protected]

5. Consider recommending appointments to fill two vacancies on the Equity Commission for four-year terms and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion approving the appointments of two applicants to the Equity Commission for a four-year term and forwarding to Council for approval.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]

6. Consider appointing members to fill three vacancies on the Culture Commission for four-year terms from January 1, 2023 through December 31, 2026 and forwarding to Council for approval. (Funding Source: Not Applicable)
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 Motion appointing members to fill three vacancies on the Culture Commission for four-year terms from January 1, 2023 through December 31, 2026 and forwarding to Council for approval.

PRN; Laurie Smith, 209-577-5347, [email protected]

7. Consider appointing Esparza Vargas, Paul Adams, and Julie Betts-Albert to the Modesto Downtown Improvement District Advisory Board for a four year term to expire December 31, 2026 and forwarding to Council for approval. (Funding Source:

Not Applicable)
 Motion appointing Esparza Vargas, Paul Adams, and Julie Betts-Albert to the Modesto Downtown Improvement District Advisory Board for a four year term from January 1, 2023 to December 31, 2026 and forwarding to Council for approval.

PRN; Laurie Smith, 209-577-5347, [email protected]

8. Consider appointing members to fill several vacancies on the Golf Courses Advisory Committee for four-year terms from January 1, 2023 through December 31, 2026 and forwarding to Council for approval. (Funding Source: Not Applicable)  Motion appointing members to fill several vacancies on the Golf Courses Advisory Committee for four-year terms from January 1, 2023 through December 31, 2026 and forwarding to Council for approval.

PRN; Laurie Smith, 209-577-5347, [email protected]

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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1https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APT E

CITY OF MODESTO

APPOINTMENTS COMMITTEE

AGENDA REPORT
DATE OF MEETING:

December 12, 2022
Date: November 18, 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: Reappoint Rhoda Yare and Sandra Wilson to the Housing Rehabilitation Loan Committee with term expirations of December 31, 2026
CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:

Consider reappointing Rhoda Yare and Sandra Wilson to the Housing Rehabilitation Loan Committee for a second term with term expiration of December 31, 2026 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 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 11021 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.
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Appointments Committee, December 12, 2022
Reappointment of Rhoda Yare and Sandra Wilson to the Housing Rehabilitation Loan Committee

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DISCUSSION:

The Housing Rehabilitation Loan Committee is comprised of seven members and one alternate.

Rhoda Yare is currently serving as the Financial Institution Representative. Ms. Yare is a realtor by trade marketing, which makes her qualified for the position. Ms. Yare was appointed by City Council for her first term on August 14, 2018, by Resolution No. 2018-323 and her first term is set to expire on January 1, 2023. Ms. Yare has attended six (6) meetings out of six (6) regularly scheduled committee meetings.

Sandra Wilson is currently serving as a Citizen at Large. Ms. Wilson brings a general working knowledge and a willingness to serve this community. Ms. Wilson was appointed by City Council for her first term on August 14, 2018, by Resolution No. 2018-322 and her first term is set to expire on January 1, 2023. Ms. Wilson has attended four (4) meetings out of six (6) regularly scheduled committee meetings.

FISCAL IMPACT:

There is no fiscal Impact related to this action
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion reappointing Rhoda Yare and Sandra Wilson to the Housing Rehabilitation Loan Committee for a second term with term expirations of December 31, 2026 and forwarding to Council for approval.

Approved by:

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

1. Housing Rehabilitation Loan Committee Bylaws

2. Resolution No. 2018-323

3. Resolution No. 2018-322
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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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08/14/2018/CED/JNarayan/Item 4 1 2018-322

MODESTO CITY COUNCIL
RESOLUTION NO. 2018-322

RESOLUTION APPOINTING SANDRA WILSON TO HOUSING

REHABILITATION LOAN COMMITTEE WITH A TERM EXPIRATION OF JANUARY 1, 2023
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions, and WHEREAS, Sandra Wilson bringing a general working knowledge and willingness to serve meets the requirements of the position of Citizen-at-Large on the Housing Rehabilitation Loan Committee, and
WHEREAS, the Appointments Committee met on June 28, 2018, and recommended appointment of Sandra Wilson to the Modesto Housing Rehabilitation Loan Committee.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the City of Modesto Sandra Wilson is hereby appointed to the Housing Rehabilitation Loan Committee with a term expiration of January 1, 2023.

BE IT FURTHER RESOLVED, the City Clerk is hereby directed to transmit a copy of this resolution to the appointed member of the Modesto Housing Rehabilitation Loan Committee.
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08/14/2018/CED/JNarayan/Item 4 2 2018-322
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of August, 2018, by Councilmember Kenoyer, who moved its adoption, which motion being duly seconded by Councilmember Madrigal, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Ah You, Grewal, Kenoyer, Madrigal, Ridenour, Zoslocki, Mayor Brandvold
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
STEPHANIE LOPEZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: __________________________________
ADAM U. LINDGREN, City Attorney
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CITY OF MODESTO

APPOINTMENTS COMMITTEE

AGENDA REPORT
DATE OF MEETING:

December 12, 2022
Date: November 29, 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: Board of Building Appeals Reappointment
CONTACT: Oscar Diaz, Chief Building Official
[email protected], 209-571-5885
DESCRIPTION:

Consider reappointing John Bergman to the Board of Building Appeals Committee (BBA) as the Chairperson through January 1, 2027 and forwarding to Council for approval. (Funding Source:

Not Applicable)
STRATEGIC PLAN ELEMENT:

This item supports the City’s 2020-2025 Strategic Plan Initiative: Dive economic vitality though the success of a vibrant and economically sustainable business climate.

BACKGROUND:

The Board of Building Appeals’ primary responsibility is to hear appeals from any person questioning an order of the City’s Chief Building Official related to building, plumbing, mechanical, electrical, dangerous building or housing codes. Additionally, the Board recommends changes to the building codes as appropriate. The members are appointed, to four-year terms with no limit to the number of terms they may serve.

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:

The Appointments Committee met on March 22, 2018 and recommended the appointment of John Bergman. Mr. Bergman has construction knowledge and is qualified and willing to serve on the Board of Building Appeals.
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Appointments Committee, December 12, 2022
Board of Building Appeals Reappointment

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FISCAL IMPACT:

There is no fiscal impact related to this action.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion reappointing John Bergman to the Board of Building Appeals Committee (BBA) as the Chairperson through January 1, 2027 and forwarding to Council for approval.

Approved by:

Jaylen French
Director of Community and Economic Development
Joseph P. Lopez, City Manager
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CITY OF MODESTO

APPOINTMENTS COMMITTEE

AGENDA REPORT
DATE OF MEETING:

December 12, 2022
Date: November 18, 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 and Neighborhoods SUBJECT: Tuolumne River Regional Park Citizens Advisory Committee Reappointment CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider reappointing Chris Guptill to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 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 Quality of Life Goals and Strategies to invest in beautification efforts and by investing in community assets and amenities.

BACKGROUND:

The primary role of the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) is to act in an advisory capacity to the Tuolumne River Regional Park Joint Powers Authority (JPA) Commission in matters pertaining to the design, development, enhancement and use of the park. The Citizens Advisory Committee (CAC) is a group of residents and registered voters from the members of the JPA, comprised of five (5) residents of Stanislaus County, three (3) residents of Modesto, and two (2) residents of Ceres. The members are appointed, by their respective jurisdictions, to four-year terms with no limit to the number of terms they may serve.

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.
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Appointments Committee, December 12, 2022
Tuolumne River Regional Park Citizens Advisory Committee Reappointment

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DISCUSSION:

On February 10, 2015, Council appointed Chris Guptill to fill a vacancy on the TRRP CAC by Resolution No. 2015-36, through January 1, 2019. Mr. Guptill was reappointed to the TRRP CAC on March 5, 2019, by Resolution No. 2019-103, with a term expiration of January 1, 2023.

Of the thirty-one meetings held during Mr. Guptill’s time with the TRRP CAC, he has attended thirty of those meetings. As an active member in good standing, Mr. Guptill has expressed a desire to continue as a member of the TRRP CAC.

FISCAL IMPACT:

There is no fiscal impact related to this action.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion reappointing Chris Guptill to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2026 and forwarding to Council for approval.

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
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1https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APT E

CITY OF MODESTO

APPOINTMENTS COMMITTEE

AGENDA REPORT
DATE OF MEETING:

December 12, 2022
Date: November 21, 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 to the Planning Commission
CONTACT: Jessica Hill, Acting Planning Manager
[email protected] , 209-577-5267
DESCRIPTION:

Consider the appointment for one vacancy on the City of Modesto Planning Commission and forwarding to Council for approval. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

BACKGROUND:

The Planning Commission is responsible for making decisions and recommendations regarding the development of the community. The Planning Commission has final authority regarding subdivision maps and parcel maps, certain zoning matters and development plans, and occasionally matters appealed either from the staff level or Board of Zoning Adjustment. The Planning Commission makes recommendations to the City Council regarding annexations, rezonings, code amendments and most General Plan-related matters. Seven (7) members are appointed by the City Council for a 4-year term.

Section 11021 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.
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Appointments Committee, December 15, 2022
Appointment to the Planning Commission

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DISCUSSION:

Commissioner Carmen Morad’s second term is set to end on January 1, 2023, leaving a vacancy on the Planning Commission. 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.

FISCAL IMPACT:

There is no impact to the action.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion to interview and recommend the appointment for one vacancy on the City of Modesto Planning Commission and forwarding to Council for approval.

Approved by:

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

1. Planning Commission Bylaws
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City of Modesto

PLANNING COMMISSION
Rules and Regulations
August 2016
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TABLE OF CONTENTS
Description Page
Dates of Adoption/Amendments……………………………………………………………………………………………1 ARTICLE I. – ORGANIZATION
Section 1.1 – Establishment………………………………………………………………………………………….. 2 ARTICLE II. – POWERS AND DUTIES
Section 2.1 – Enumerated…………………………………………………………………………………………….. 2 ARTICLE III. - MEETINGS
Section 3.1 – Regular Meetings……………………………………………………………………………………… 2 Section 3.2 – Special Meetings………………………………………………………………………………………. 3 Section 3.3 – Notice of Meetings……………………………………………………………………………………. 3 Section 3.4 – Place of Meetings……………………………………………………………………………………… 3 Section 3.5 – Quorum…………………………………………………………………………………………………… 3 Section 3.6 – Meetings to be Public… ……………………………………………………………………………. 3 Section 3.7 – Seating and Roll Call Vote…………………………………………………………………………. 3 Section 3.8 – Attendance………………………………………………………………………………………………. 3 Section 3.9 – Agenda and Reports…………………………………………………………………………………. 4 Section 3.10 – Field Trips…............................................................................................... 4 Section 3.11 – Reading of the Minutes…………………………………………………………………………….4 Section 3.12 – Order of Business (Agendas)…………………………………………………………………….4 ARTICLE IV. – PUBLIC HEARINGS
Section 4.1 – Public hearing Procedures…………………………………………………………………………. 4 ARTICLE V. – PLANNING COMMISSION ORGANIZATION
Section 5.1 – Membership……………………………………………………………………………………………. 6 Section 5.2 – Term………………………………………………………………………………………………………. 6 Section 5.3 – Appointment process………………………………………………………………………………. 6 ARTICLE VI. – ELECTION OF OFFICERS/TERMS OF OFFICE
Section 6.1 – Election of Officers…………………………………………………………………………………… 6 Section 6.2 – Terms of Office………………………………………………………………………………………. 6 ARTICLE VII. – OFFICERS
Section 7.1 – Enumerated…………………………………………………………………………………………….….… 7 Section 7.2 – Election of Officers…………………………………………………………………………………………. 7 ARTICLE VIII. – PROCEDURES, POWERS, DUTIES, AND STAFF
Section 8.1 – Designated………………………………………………………………………………………………. 7 Section 8.2 – Secretary of the Commission……………………………………………………………………. 7 Section 8.3 – Recording Secretary…………………………………………………………………………………. 7 ARTICLE IX. – PARLIAMENTARY PROCEDURE
Section 9.1 – Rules of Order…………………………………………………………………………………………. 7 Section 9.2 – Rules of Debate……………………………………………………………………………………….. 7 Section 9.3 – Rules for Processing of Motions…………………………………………………………………. 8 Section 9.4 – Parliamentarian……………………………………………………………………………………….. 9 ARTICLE X. – METHOD OF ACTION
Section 10.1 – Decisions……………………………………………………………………………………………….. 9 ARTICLE XI. – COMMITTEES
Section 11.1 – Special Committees………………………………………………………………………………… 9 #4..
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City of Modesto Planning Commission Page 1
Rules and Regulations
August 23, 2016
Adopted: February 5, 1957
Amended: October 7, 1958,
November 18, 1958
October 3, 1961
December 15, 1964
March 18, 1975
December 5, 1978
April 2, 1979
September 2, 1979
May 4, 1981
September 20, 1982
March 21, 1983
January 20, 1987
December 19, 1988
April 16, 1990
April 21, 1997
August 16, 1999
April 19, 2004
June 7, 2010
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City of Modesto Planning Commission Page 2
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August 23, 2016
ARTICLE I. ORGANIZATION
Section 1.1 Establishment
The Planning Commission of the City of Modesto, hereafter called “The Commission”, is established pursuant to the provisions of Chapter 1 of Title X of the Modesto Municipal Code.

ARTICLE II. POWERS AND DUTIES
Section 2.1 Enumerated.

The Commission shall have the following powers and duties:
(a) Perform all of the functions assigned to a City Planning Commission by the statutes of the State Law relating to planning and zoning, insofar as they are not in consistent with the provisions of the Charter of the City of Modesto.
(b) Prepare and recommend the adoption, amendment, or repeal of a General Plan. (c) Advise and recommend to the proper officials of the City the approval, disapproval or modification of all land subdivision in accordance with the Subdivision Map Act of the State of California, or as may be provided by the Municipal Code of the City of Modesto. (d) Hold hearings on planning and zoning matters as prescribed by the Modesto Municipal Code, or State law.
(d) Review and recommend to the City Council a capital improvements program budget. (e) Advise and recommend to the proper officials of the City regarding the acquisition, use, or disposition of all City-owned property.
(f) Advise and recommend to the Council on matters required by law or referred by the City Council.

ARTICLE III. MEETINGS
Section 3.1 Regular Meetings.

Prior to the first meeting of the coming year, a calendar of meetings shall be approved by the Planning Commission. The calendar adopted by the Planning Commission shall constitute the Schedule of Meetings. In preparing the calendar of meetings, the following shall serve as guidelines:
(a) Regular meetings of the Commission shall be open to the public and shall be held at 6:00 p.m. on the first and third Monday of each calendar month.
(b) If a regular meeting date falls on a legal holiday the meeting shall be held on the previous or following Monday.
(c) If all members are absent from any regular or adjourned meeting, the Secretary may declare the meeting adjourned to a stated time and place. If the Secretary does so, the Secretary shall cause written notice of the adjournment to be given in the same manner provided for special meetings. Whenever a regular or adjourned regular meeting is adjourned as provided in this #4..
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section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting shall be held, it shall be held at the hour specified for the regular meeting which was adjourned.
(d) In preparing the calendar, a two-to-three-week interval between meetings shall be maintained, where possible.

Section 3.2 Special Meetings.

Special Meetings of the Commission shall be open to the public and shall be held at such time as the Commission may determine, or they may be called by the Chairperson any time where an emergency situation warrants such a meeting.

Section 3.3 Noticing of Meetings.

Noticing of all meetings shall be in conformance with State Planning Law and the Modesto Municipal Code.

Section 3.4 Place of Meetings.

All meetings shall be held in the official Council Chamber of the City of Modesto or in such other location of the City as may be designated by the Planning Commission or the Secretary thereto.

Section 3.5 Quorum.

A majority of the members of the Commission shall constitute a quorum for the transaction of business.

Section 3.6 Meetings to be Public.

All meetings of the Commission shall be open to the public.

Section 3.7 Seating and Roll Call Vote.

The Commission shall be seated in alphabetical order. A roll call vote shall be taken upon the passage of all resolutions and be entered upon the journal of the proceedings of the Commission. Upon the request of any member, a 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 the order seated, provided that the name of the presiding officer shall be called last. All members shall be required to vote. The affirmative or negative vote of a majority of the entire membership of the Commission shall be necessary for it to take action.

Section 3.8 Attendance.

Regular attendance at all meetings of the Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. If a member is absent from three (3) regular meetings of the Commission consecutively, without securing the permission of the Commission expressed in its official minutes, the member shall be deemed to have resigned from the Commission, and the member’s office shall become vacant.

Section 3.9 Agenda and Reports.

In order to facilitate the orderly conduct of the business of the Commission, the Secretary shall prepare and agenda of the matters to be considered by the Commission at its next meeting together #4..
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City of Modesto Planning Commission Page 4
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with a report outlining all known facts in each case to be considered by the Commission, with such analysis as is necessary, including recommended action when appropriate. The agenda and all reports shall be delivered or mailed to each member of the Commission, the City Manager, and the City Attorney prior to the Commission meeting at which they are to be considered, as far as possible in advance of the meeting as time for preparation will permit. Matters not included on the agenda will not be acted upon by the Commission unless (a) a majority of the Commission determine that an emergency situation exists, or (b) the Commission, by a two-thirds vote, or if less than two-thirds of the members are present by a unanimous vote, determines that the need to take action arise subsequent to the agenda for the meeting being posted, or (c) the item was on a properly posted agenda for a prior meeting of the Commission occurring not more than five (5) days prior to the meeting at which the action is taken.

Section 3.10 Field Trips.

In cases where a view of the premises will assist the Commission in making a decision, a field trip may be arranged by City planning staff prior to the meeting.

Section 3.11 Reading of the Minutes.

Unless the reading of the minutes of a previous 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.

Section 3.12 Order of Business (Agendas).

Order of business at any regular meeting shall be as follows:
a. Roll Call
b. Approval of Minutes
c. Consent and Joint Public Hearing Items
d. Public Hearings
e. Other Business
f. Oral Communications
g. Matters too Late for the Agenda
h. Adjournment
ARTICLE IV. PUBLIC HEARINGS
Section 4.1 Public Hearing Procedures.

The following rules shall govern the conduct of public hearings:
(a) The Chairperson opens the public hearing, and calls for a presentation by staff. (b) At the opening of the hearing, staff describes the item under consideration and presents staff report and recommendation.
(c) The Planning Commission may ask questions of staff through the Chair. (d) At the conclusion of the presentation by staff, applicant (or proponents) is given first opportunity to speak and/or make a presentation, of any materials, exhibits, documents or other physical evidence.
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(e) For appeals, the Appelant’s presentation would precede the Applicant’s. (f) At the conclusion of the presentation by the applicant or proponents, any persons who oppose the application may make a presentation, and present any materials, exhibits, documents or other physical evidence.
(g) All exhibits, documents or other physical evidence used by applicant or other interested parties during the hearings, will be introduced into evidence and will become part of the record and retained by the Secretary until the decision becomes final. (h) Members of the public wishing to speak on an item shall not be required to be sworn. Each speaker will be required to approach the microphone and give their full name and address for the record before testifying.
(i) The Planning Commission may ask questions of the speaker, through the Chair. (j) The reading of details of letters and petitions by the persons submitting them may be permitted provided the material is not overly lengthy. Speakers will be asked to summarize written material. Such documents may be filed with the Secretary and the Secretary shall mark them as having been received for the limited purpose of showing the names of the persons protesting or supporting the application.
(k) While it is desirable in a democratic process to permit every person an unlimited right to speak, such a right unduly prolongs a public hearing and clouds the basic issue if the evidence presented is merely repetitious. Therefore, whenever necessary, the Chairperson may state that repetitious evidence is to be avoided. Similarly, testimony and evidence which is incompetent, irrelevant or immaterial may be foreclosed by the Chairperson. If such improper evidence is received, it shall not be considered by the Commission in reaching its decision. (l) The Commission may establish special rules for individual items of business, establishing time limits for presentations and requiring presentations to be made through spokespersons, if possible.
(m) After those in favor or opposed to an application have been heard, the Chairperson will ask for the recommendation of staff and the reasons for such recommendation. After such recommendation, both the applicant and opponent, if any, shall be given a limited amount of time to summarize their position or respond to the recommendation, after which the Chairperson shall close the public portion of the hearing. (n) The Commission should discuss the issues involved and make its decision only after hearing the evidence presented at the public hearing. Discussion of the matter by members of the Commission concurrently with or immediately following the staff’s factual report and before the public has an opportunity to present its point of view may influence the Commission action. Therefore, except for questions by the Commission to obtain or clarify the facts, discussion of the matter by Commission members should be delayed until after the public hearing is closed and the matter is presented to the Commission for discussion and decision. (o) The Commission may conduct a field trip to view the property involved in the public hearing. All field trips shall be taken as part of a regular, adjourned regular or special meeting of the Commission and all interested persons will be afforded the opportunity to be present to hear any reports or comments. A complete record of such field trip will be entered into the minutes so the record will indicate that the field trip was taken into consideration as evidence. If a Commissioner has personal knowledge of the property area, the Commissioner should make a #4..
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statement to that effect at the time of the hearing so the record will reflect everything being taken into consideration in making the final decision.
(p) Commissioners are responsible for ensuring that the public hearing is conducted in a fair and impartial manner. If a Commissioner receives personal contact or telephone calls outside of the public hearing which concerns a matter pending before or of interest to the Planning Commission, he or she shall disclose the substance and nature of the contact or call at the public hearing. If written materials are presented to the Commission by an applicant or member of the public, a copy must be made available for public review by filing the materials with the Secretary at least three (3) days in advance of the meeting at which the item or matter is scheduled to be considered or at the time the materials are provided to any Commissioner, whichever is earliest.
(q) Summary of Procedure for Conduct of Public Hearings by the Modesto City Planning Commission:
1) Opening of public hearing.
2) Staff Report and (optional) recommendation.
3) Applicant’s presentation.
4) Opposition presentation.
5) Staff recommendation.
6) Summation by applicant and opposition.
7) Close of public portion of hearing.
8) Discussion and decision by Commission.

ARTICLE V - PLANNING COMMISSION ORGANIZATION
Section 5.1 Membership.

The Planning Commission shall consist of seven members.

Section 5.2 Term.

The term of the Planning Commissioners shall be set by the City Council by resolution.

Section 5.3 Appointment Process.

The City Council shall appoint all members of the Planning Commission pursuant to applicable provisions of the Municipal Code.

ARTICLE VI - ELECTION OF OFFICERS/TERMS OF OFFICE
Section 6.1 Election of Officers.

As soon as practical following the first day of January of each year, the Commission shall elect a Chairperson and Vice Chairperson.

Section 6.2 Terms of Office.

The Chairperson and Vice-Chairperson shall hold offices for one (1) year.

ARTICLE VII. - OFFICERS
Section 7.1 Enumerated.

The officers of the Commission shall be:
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A Chairperson, whose duties shall be to preside at all meetings and call special meetings; and A Vice Chairperson, who shall, in the absence of the Chairperson, perform the duties of the Chairperson.

ARTICLE VIII. - PROCEDURES, POWERS, DUTIES, AND STAFF
Section 8.1 Designated.

The provisions of the Municipal Code of the City of Modesto pertaining to procedures, powers, duties, and staff shall prevail.

Section 8.2 Secretary of the Commission.

The Director of the Community & Economic Development Department or his/her designee shall serve as Secretary to the Commission. The Secretary shall keep a written record of all business transacted by the Commission, notify Commission members of meetings, and keep the official records of the Commission. Upon the direction of the Commission, the Secretary shall perform such other secretarial duties as the Commission may require.

Section 8.3 Recording Secretary.

The recording secretary shall assist the Secretary of the Commission in fulfilling the responsibilities of administering to the needs of the Commission, including attending meetings to take audio recordings of the meetings, preparing minutes of all meetings, maintaining personnel records of the Commissioners and coordinating meeting schedules.

ARTICLE IX. - PARLIAMENTARY PROCEDURE
Section 9.1 Rules of Order.

Except as otherwise provided in these rules and regulations, all meetings of the Commission shall be conducted in accordance with the following rules and procedures.

Section 9.2 Rules of Debate.

The Chairperson, or such other member of the Planning Commission as may be presiding, may move, 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 Commission member by acting as the Presiding Officer. (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 Commission member moving the adoption of a resolution or motion shall have the privilege of closing the debate.
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August 23, 2016
(d) Remarks of Commission member. A Commission 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 Commission entered in the minutes. If the Commission 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 Commission, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Commission.

Section 9.3 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 Commission members.
(b) Divisible propositions. If the question contains two (2) or more divisible propositions, the Presiding Officer may, and upon request of a Commission member shall, divide the same. (c) Precedence of motions. When a motion is before the Commission, no motion shall be entertained except (precedence in order indicating):
1) To adjourn.
2) To fix hour of adjournment.
3) To lay on the table.
4) For the previous question.
5) To postpone to a certain day.
6) To refer.
7) To amend.
8) To postpone indefinitely.
(d) Motion to adjourn. A motion to adjourn shall be in order any time except as follows:
1) When repeated without intervening business or discussion. 2) When made as an interruption of a member while speaking. 3) When the previous question has been ordered.
4) 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 Commission 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. #4..
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(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 Commission committee shall not be debatable except for the propriety of referring.
(j) Motion to reconsider. A motion to reconsider any action taken by the Commission 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 Commission member of the prevailing side from remaking the same motion at a subsequent meeting of the Commission. In such an event, the person desiring to remake the motion for reconsideration shall submit a written request for reconsideration to the Commission Secretary, who shall place the matter on the agenda for the next regular meeting of the Commission.

Section 9.4 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 Planning Commission meeting.

ARTICLE X. - METHOD OF ACTION
Section 10.1 Decisions.

All decisions of the Commission required by the provisions of the Zoning and Subdivision Regulations shall be by resolution. All other determinations of the Commission may be by motion, except when otherwise required by law.

ARTICLE XI. - COMMITTEES
Section 11.1 Special Committees.

There shall be such special committees as the Commission may establish from time to time. #4..
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CITY OF MODESTO

APPOINTMENTS COMMITTEE

AGENDA REPORT
DATE OF MEETING:

December 12, 2022
November 21, 2022
TO: 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: Equity Commission Appointments
CONTACT: Christina Alger, Director of Human Resources, [email protected], 209-571- 5126
DESCRIPTION:

Consider recommending appointments to fill two vacancies on the Equity Commission for fouryear terms 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 (DEI) 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.
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Appointments Committee, December 12, 2022
Equity Commission Appointments

Page 2 of 2 ends

The new Equity Commission’s purpose is to advise on matters related to all facets of the DEI program and subsequent plans and initiatives. The former Equal Opportunity/Disability Commission jointly met with the Human Relations Commission. This practice will continue with the Equity Commission.

On June 30, 2022 nine applications were taken to the Appointments Committee. Six applications were recommended to move forward to Council. On August 9, 2022, Council approved six appointments by Resolution 2022-332 for a term expiration of August 1, 2026 leaving five vacant seats.

On September 15, 2022, sixteen applications were taken to the Appointments Committee. Four applications were selected and recommended to move forward to Council. On October 11, 2022, these appointments were approved by Resolution 2022-409 for a term expiration of October 1, 2026.

DISCUSSION:

With the approval by Council of nine appointments to the newly formed Equity Commission, we currently have two vacant seats to fill. City staff did extensive outreach to solicit applications from interested citizens. City staff emailed seven local community groups to share information on the Equity Commission, the DEI program and asked them to share with their members. We also began advertising these remaining seats on various social media platforms to gain applications: Facebook 7/15/22, 7/19/22, 7/26/22, Twitter 7/14/22, 7/19/22, 7/26/22, LinkedIn 7/14/22, 7/26/22, Nextdoor 7/14/22, and Instagram Story 7/14/22. A total of thirty applications have been received to date and sixteen remain active for consideration.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the appointments of two applicants to the Equity Commission for a four-year term and forwarding to Council for approval.

Approved by:

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

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 #5..
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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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CITY OF MODESTO

APPOINTMENTS COMMITTEE

AGENDA REPORT
DATE OF MEETING:

December 12, 2022
Date: November 21, 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 and Neighborhoods Department SUBJECT: Culture Commission Appointments
CONTACT: Laurie A. Smith, Director, [email protected], 209-577-5347 DESCRIPTION:

Consider appointing members to fill three (3) vacancies on the Culture Commission for four-year terms from January 1, 2023 through December 31, 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 11021 of the Charter of the City of Modesto authorizes the City Council to appoint members of various Boards and Commissions with the recommendation of the City’s Appointments Committee. The Culture Commission’s (Commission) acts as an advisory body to the City Council and the City Manager in all matters pertaining to art, literature, music, and other cultural activities as well as promoting the preservation of historic sites, landmarks, documents, paintings, and other objects associated with the history of the City and its area. The Culture Commission is comprised of seven members with five (5) members representing the City of Modesto and two (2) living outside of the City but representing Stanislaus County. 1https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APT E
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Appointments Committee, December 12, 2022
Culture Commission Appointments

Page 2 of 2 ends

DISCUSSION:

The Commission has three vacancies at this time: Two (2) representatives residing in the City of Modesto and one (1) representative residing in Stanislaus County. Reappointments and applications are forwarded to the City for consideration.

City of Modesto Resident Representative – Filled/Seeking Reappointment Dewey Bedford has requested to serve a second term. Mr. Bedford was appointed in 2020 for a two (2) year term, and has attended 9 of 19 meetings scheduled during his first term. Mr. Bedford could be subject to termination per Commission attendance bylaws.

City of Modesto Resident Representative – Resignation/Vacancy Eduardo Flores has submitted his resignation effective December 31, 2022, creating a vacancy within the Commission.

Stanislaus County Resident Representative – Term Out/Vacancy Lacy Vincent has termed out and not requesting reappointment, creating a vacancy within the Commission.

Pending recommendations by the Appointments Committee and approval by Council, each new and reappointed member will serve a four-year term from January 1, 2023 to December 31, 2026.

FISCAL IMPACT:

There is no fiscal impact.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendation:

Motion appointing members to fill three (3) vacancies on the Culture Commission for four-year terms from January 1, 2023 through December 31, 2026 and forwarding to Council for approval.

Approved by:

Laurie A. Smith, Director
Parks, Recreation & Neighborhoods Department
Joseph P. Lopez, City Manager
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CITY OF MODESTO

APPOINTMENTS COMMITTEE

AGENDA REPORT
DATE OF MEETING:

December 12, 2022
Date: November 18, 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 and Neighborhoods Department SUBJECT: Modesto Downtown Improvement District Advisory Board Appointments CONTACT: Laurie A. Smith, Director, [email protected], 209-577-5347 DESCRIPTION:

Consider appointing Esparza Vargas, Paul Adams, and Julie Betts-Albert to the Modesto Downtown Improvement District Advisory Board for a four-year term to expire December 31, 2026 and forwarding to Council for approval. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

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 and Modesto Municipal Code Section 6-3.11, all members are to be appointed by the Mayor with the concurrence of Council. To facilitate this, any vacancy to be filled shall be recommended by the DID Board and forwarded to City Council, through the Appointments Committee, for appointment.
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Appointments Committee, December 12, 2022
Modesto Downtown Improvement District Advisory Board Appointments

Page 2 of 2 ends

The DID Board has notified the City that it unanimously recommends the appointments of Ms.

Esparaza Vargas of Blame the Flame Candle Company, Mr. Paul Adams of Evident Business Solutions, and Ms. Julie Betts-Albert of Reform with Pilates, to the Downtown Improvement District Advisory Board. Each owns a business within the DID’s boundaries, and pays an additional levy of license tax as required by Municipal Code 6-3.11. If appointed, Ms. Vargas, Mr. Adams, and Ms. Betts-Albert will each serve a four year term from January 1, 2023 to December 31, 2026.

FISCAL IMPACT:

There is no fiscal impact.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendation:

Motion appointing Esparza Vargas, Paul Adams, and Julie Betts-Albert to the Modesto Downtown Improvement District Advisory Board for a four-year term from January 1, 2023 to December 31, 2026 and forwarding to Council for approval.

Approved by:

Laurie A. Smith, Director
Parks, Recreation & Neighborhoods Department
Joseph P. Lopez, City Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

December 12, 2022
Date: November 18, 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 and Neighborhoods Department SUBJECT: Golf Courses Advisory Committee Appointments
CONTACT: Laurie A. Smith, Director, [email protected], 209-577-5347 DESCRIPTION:

Consider appointing members to fill several vacancies on the Golf Courses Advisory Committee for four-year terms from January 1, 2023 through December 31, 2026 and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members of various Boards and Commissions with the recommendation of the City’s Appointments Committee. The Golf Courses Advisory Committee (GCAC) acts as an advisory body and liaison for and between the general golfing community, golf organizations and the City of Modesto, to promote the game of golf in the Modesto area. Per the Bylaws, the GCAC is comprised of five (5) members representing local golf organizations (SIRS Golf Club, Creekside Golf Club, MuniNiners Golf Club, Modesto Golf Club, and Dryden Women’s Golf Club), five (5) Members-AtLarge, and one (1) youth member.

DISCUSSION:

The GCAC has several vacancies at this time: SIRS Golf Club representative, Modesto Golf Club representative, Muni Niner Golf Club representative, youth representative, and an at-large representative. For appointments and reappointments specific to the five local golf organizations, club nominations are forwarded to the City for consideration. #8..
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Appointments Committee, December 12, 2022
Golf Courses Advisory Committee Appointments

Page 2 of 2 ends

Modesto Golf Club Representative – Filled/Seeking Reappointment The Modesto Golf Club has nominated Ricardo Semeria to serve a second term. Mr.

Semeria was appointed in 2019, served as the Chair in 2021 and 2022, and has attended 15 of 17 meetings scheduled during his first term. Mr. Semeria is also involved with the Dryden Clubhouse rebuild project.

SIRS Golf Club Representative - 1 Vacancy
The SIRS Golf Club has nominated Arnold Fidalgo to serve on their behalf. Mr. Fidalgo is a resident of Modesto, a member of the SIRS organization, enjoys playing golf, and would like to see the activity grow.

Muni-Niners Club – 1 Vacancy
Youth Representative – 1 Vacancy
At-Large Representative – 1 Vacancy
Pending recommendations by the Appointments Committee and approval by Council, each new and reappointed member will serve a four-year term from January 1, 2023 to December 31, 2026.

FISCAL IMPACT:

There is no fiscal impact.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendation:

Motion appointing members to fill several vacancies on the Golf Courses Advisory Committee for four-year terms from January 1, 2023 through December 31, 2026 and forwarding to Council for approval.

Approved by:

Laurie A. Smith, Director
Parks, Recreation & Neighborhoods Department
Joseph P. Lopez, City Manager
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Appointments CommitteeDecember 12, 2022

Appointments Committee
December 12, 2022