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Meeting date/time:
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2/20/2024
6:00 PM
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Minutes status:
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Draft
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Meeting location:
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City Council Chamber, 2nd Floor, Merced Civic Center, 678 W. 18th Street, Merced, CA 95340
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24-154
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representatives: City Manager Scott McBride, Deputy City Manager Frank Quintero, and Finance Officer Venus Rodriguez; Employee Organizations: Merced Police Officers’ Association (MPOA) and Merced Association of Police Sergeants (MAPS). AUTHORITY: Government Code Section 54957.6 | | |
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24-155
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representatives: City Manager Scott McBride, Deputy City Manager Frank Quintero, and Finance Officer Venus Rodriguez; Employee Organizations: International Association of Fire Fighters, Local 1479. AUTHORITY: Government Code Section 54957.6 | | |
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24-156
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representatives: City Manager Scott McBride, Deputy City Manager Frank Quintero, and Finance Officer Venus Rodriguez; Unrepresented Management AUTHORITY: Government Code Section 54957.6 | | |
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24-157
| 1 | B.4. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative(s): City Manager Scott McBride, Deputy City Manager Frank Quintero, and Finance Officer Venus Rodriguez; Employee Organizations: American Federation of State, County, and Municipal Employees (AFSCME) Council 57 and Merced Association of City Employees (MACE). AUTHORITY: Government Code Section 54957.6 | | |
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24-169
| 1 | B.5. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9, People of the State of California v. Kudulis, MSC Case No. 21CV-00159 | | |
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24-171
| 1 | B.6. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9, City of Merced v. State of California, et al. MSC Case No. 23CV-03845 | | |
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24-168
| 1 | B.7. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: Finance Officer; Authority: Government Code Section 54957 | | |
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24-096
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Teen Dating Violence Awareness and Prevention Month
REPORT IN BRIEF
Received by a representative from the Valley Crisis Center. | | |
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24-092
| 1 | I.1. | | Consent Item | SUBJECT: Reading by Title of All Ordinances and Resolutions
REPORT IN BRIEF
Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and a summary title may be read with further reading waived.
RECOMMENDATION
City Council - Adopt a motion waiving the reading of Ordinances and Resolutions, pursuant to Section 412 of the Merced City Charter. | | |
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24-134
| 1 | I.2. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority/Successor Agency to the Redevelopment Agency Meeting Minutes of December 18, 2023
REPORT IN BRIEF
Official adoption of previously held meeting minutes.
RECOMMENDATION
City Council/Public Financing and Economic Development/Parking Authority/Successor Agency to the Redevelopment Agency - Adopt a motion approving the meeting minutes of December 18, 2023. | | |
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24-167
| 1 | I.3. | | Consent Item | SUBJECT: Approval of Professional Legal Services Agreement with Richard Watson & Gershon, Prentice Long, Approval of Hanson Bridgett, LLP Second Amendment and Approval of Wilke Fleury, LLP First Amendment in an Amount not to Exceed $245,000
REPORT IN BRIEF
Considers approving a Professional Legal Services Agreement with Richard Watson & Gershon, Prentice Long, Law Offices of John W. Martin and Hanson Bridgett, LLP’s Second Amendment in an amount not-to-exceed $245,000.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a two-year Professional Legal Services Agreement with Richard Watson & Gershon in an amount not-to-exceed $125,000; and,
B. Approving a two-year Professional Legal Services Agreement with Prentice Long in an amount not-to-exceed $75,000; and,
C. Approving a Second Amendment to an Agreement for Professional Services with Hanson Bridgett LLP in an amount not to exceed $20,000, totaling $120,000; and,
D. Approving a First Amendment to an Agreement with Wilke Fleury, LLP in an amount not to exceed $25,000, totaling $61,000; and,
E. Authorizing th | | |
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24-138
| 1 | I.4. | | Consent Item | SUBJECT: Approval of a Supplemental Appropriation in the Fleet Replacement Fund 7006 in the Amount of $334,729, Approval to Waive the Competitive Bidding Requirements, and Authorizing the Purchase of One Vac-Con Model VPD3611LHAEN-P/1300 (700-10855) Through a Cooperative Purchasing Agreement with Sourcewell via Municipal Maintenance Equipment in the Amount of $627,867.50
REPORT IN BRIEF
Considers approving to waive the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 to purchase a vac-con truck through the government procurement program Sourcewell.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a supplemental appropriation from the unreserved, unencumbered fund balance in the Fund 7006-Fleet Replacement and appropriating to Vehicle Expenditure in the amount of $334,729 to purchase the replacement of one vac-con truck; and,
B. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code section 3.04.210 to utilize a cooperative purchasing agreement through Sourcewell, a government procurement pro | | |
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24-128
| 1 | I.6. | | Consent Item | SUBJECT: Authorization to Accept $1,000 in Grant Funding 2023-24 from United States Tennis Association Northern California for FY23-24 and Appropriating $500 to Operating Materials, Services and Supplies
REPORT IN BRIEF
Considers authorizing to accept grant funding in the amount of $1,000 from USTA for H.I.T.S. (Honesty, Integrity, Teamwork, Sportsmanship) tennis equipment grant.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting $1,000 grant funds from USTA NorCal in Fund 1018-Parks & Community Service; and,
B. Increasing contribution revenue in the amount of $500 and appropriating the same operating materials, supplies and service in Fund 1018; and,
C. Authorizing the City Manager to execute the necessary documents; and,
D. Authorizing the Finance Officer to make the necessary budget adjustments. | | |
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24-136
| 1 | I.7. | | Consent Item | SUBJECT: Approving Request from the Chance Dobbins Sr. Charity for the Co-Sponsored Rental Rate of $695.50 for the Merced Senior Community Center for Club 67 Monthly Dances
REPORT IN BRIEF
Considers approving a request for the co-sponsored rate for the rental rate of $695.50 of the Merced Senior Community Center by the Chance Dobbins Sr. Charity to host Club 67 monthly dances on one Friday per month.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the recommendation of the Recreation and Parks Commission for a co-sponsorship request rate of $695.50 from the Chance Dobbins Sr. Charity for the Merced Senior Community Center to host Club 67 monthly dances one Friday per month; and,
B. Authorizing the City Manager to execute the necessary documents. | | |
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24-137
| 1 | I.8. | | Consent Item | SUBJECT: Approval of a License for Environmental Access Agreement Within the BNSF Railway Company, a Delaware Corporation, to Perform Soil Sampling and Testing for an At-Grade Railroad Crossing Improvements by Dokken Engineering, a California Corporation, as Part of the Highway 59 Widening and Highway 59 Bridges Over Black Rascal Creek Projects (CP200064 and CP200065) in the Amount of $2,500 for the License Fee
REPORT IN BRIEF
Considers approving a license for environmental access agreement within the BNSF Railway right of way for Dokken Engineering to perform soil sampling and testing for the proposed at-grade crossing improvements as part of the Highway 59 Widening and Highway 59 Bridges Over Black Rascal Creek projects (CP200064 and CP200065) in the amount of $2,500 for the license fee.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a License for Environmental Access agreement between BNSF Railroad and the City of Merced; and,
B. Authorizing the payment to BNSF Railroad for the license fee in the amount of $2,500 and any additional expenses incurred by the City o | | |
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24-116
| 1 | I.10. | | Consent Item | SUBJECT: Approval of Street Closure Request #24-02 by Velo Promo, LLC to Host the 37th Annual Merced Criterium Bicycle Race, to Include M Street, from West 21st to West 18th Streets; West 18th Street, from M to N Streets; and N Street, from West 18th Street to West 21st Street, Including the Merced County Courthouse Loop on Sunday, March 3, 2024, from 6:00 A.M. to 5:00 P.M.
REPORT IN BRIEF
Considers approving a request by Velo Promo, LLC for the closure and use of City streets on Sunday, March 3, 2024, for the 37th Annual Merced Criterium Bicycle Race. The request seeks approval to close M Street, between W. 21st and W. 18th Streets; W. 18th Street, between M and N Streets; and N Street, from W. 18th Street to W. 21st Street, including the Merced County Courthouse loop from 6:00 a.m. to 5:00 p.m.
RECOMMENDATION
City Council - Adopt a motion approving the street closure of M Street, between W. 21st and W. 18th Streets; W. 18th Street, between M and N Streets; and N Street, from W. 18th Street to W. 21st Street, including the Merced County Courthouse loop on Sunday, March 3, 2024, | | |
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24-122
| 1 | I.5. | | Consent Item | SUBJECT: Authorizing a Letter of Conditional Funding Commitment Reservation of U.S. Department of Housing and Urban Development (HUD) Home Investment Partnership Program American Rescue Plan (HOME-ARP) Funding Towards an Affordable Rental Housing Construction Project at 3015 Park Avenue, Merced, for up to $1,690,461.30 of the City’s Allocation of HUD HOME-ARP Funding
REPORT IN BRIEF
Considers authorizing a conditional funding commitment reservation letter to be signed and issued to UPholdings California, LLC, developer of the future Mercy Village Apartments, a 66-unit affordable housing project to be located at 3015 Park Avenue, Merced, for up to $1,690,461.30 of the City’s allocation of HUD HOME-ARP funding.
RECOMMENDATION
City Council - Adopt a motion:
A. Authorizing a Conditional Commitment Reservation letter, following review as to form by the City Attorney, to be provided to UPholdings California, LLC, developer of the future Mercy Village affordable housing project at 3015 Park Avenue for up to $1,690,461.30 of the City’s allocation of HUD HOME-ARP funding; and,
B. Auth | | |
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24-127
| 1 | I.13. | | Consent Item | SUBJECT: Adopt Resolution Certifying and Adding Property to the Community Facilities District No. 2003-2 (Services)
REPORT IN BRIEF
Considers adopting a Resolution acting as the legislative body of the Community Facilities District No. 2003-2 (Services) of the City of Merced (the “CFD”) adopt a resolution for previously designated “future annexation area” of the CFD to be added as property to the CFD.
On April 20, 2020, the CFD designated certain area as “Future Annexation Area” to the CFD as part of Annexation No. 14. The future annexation area is commonly now known as Stone Ridge West 108. This allowed for a streamlined annexation process for the property owner when ready to annex. Instead of a public hearing and an election to annex to the CFD, the landowner signs a unanimous approval and consent to be annexed into the CFD. The owner of the property, Stonefield Homes, Inc., is now ready to annex to the CFD. A unanimous approval and consent from the owner for the proposed Annexation No. 27 (Improvement Area 44) has been received and filed pursuant to the streamlined process. A | | |
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24-129
| 1 | I.14. | | Consent Item | SUBJECT: Adoption of a Resolution Approving Final Map #5409 for Stone Ridge West 108, Phase 1 Subdivision for 48 Small Single-Family Lots, Generally Located South of Winder Avenue, Approximately 650 Feet East of G Street and the Approval of the Subdivision Agreement for the Stone Ridge West 108, Phase 1 Subdivision
REPORT IN BRIEF
Considers adopting a Resolution approving the Final Map #5409 for 48 small single-family lots, located south of Winder Avenue, approximately 650 feet east of G Street, and the subdivision agreement for Stone Ridge West 108, Phase 1 Subdivision.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2024-21, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for the Stone Ridge West 108, Phase 1 Subdivision (#5409); and,
B. Approving the Subdivision Agreement for the Stone Ridge West 108 Phase 1 Subdivision; and,
C. Authorizing the City Manager to execute all necessary documents. | | |
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24-132
| 1 | I.15. | | Consent Item | SUBJECT: Adoption of a Resolution Approving Final Map #5410 for Stone Ridge West 108, Phase 2 Subdivision for 60 Small Single-Family Lots, Generally Located South of Winder Avenue, Approximately 650 Feet East of G Street and the Approval of the Subdivision Agreement for the Stone Ridge West 108, Phase 2 Subdivision
REPORT IN BRIEF
Considers adopting a Resolution approving the Final Map #5410 for 60 small single-family lots, located south of Winder Avenue, approximately 650 feet east of G Street, and the subdivision agreement for Stone Ridge West 108, Phase 2 Subdivision.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2024-22, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for the Stone Ridge West 108, Phase 2 Subdivision (#5410); and,
B. Approving the Subdivision Agreement for the Stone Ridge West 108 Phase 2 Subdivision; and,
C. Authorizing the City Manager to execute all necessary documents. | | |
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24-125
| 1 | I.11. | | Consent Item | SUBJECT: Adoption of a Resolution of Intent Regarding Annexation No. 25 for the Palisades Subdivision Improvement Area No. 50 into Community Facilities District (CFD) No. 2003-2 (Services), Approving a Deposit and Reimbursement Agreement for Annexation No. 25, and Setting a Public Hearing for March 4, 2024; and Annexation No. 25 Consists of Approximately 28.10 Acres of Land Generally Located on the East Side of G Street, Approximately 800 Feet North of Merill Place
REPORT IN BRIEF
Considers adopting a Resolution of Intent to annex 28.10 acres of land generally located on the east side of G Street, approximately 800 feet north of Merill Place (CFD Annexation No. 25) into the City’s CFD for Services (CFD 2003-2), including the approval of a Deposit and Reimbursement Agreement for the annexation; accept the petition, consent, and waiver for Annexation No. 25; and set a public hearing and election for March 4, 2024.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2024-23, a Resolution of Intention of the City Council of the City of Merced, Acting as the Legisla | | |
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24-126
| 1 | I.12. | | Consent Item | SUBJECT: Adoption of a Resolution of Intent Regarding Annexation No. 26 for Capella Terrace Improvement Area No. 51 into Community Facilities District (CFD) No. 2003-2 (Services), Approving a Deposit and Reimbursement Agreement for Annexation No. 26, and Setting a Public Hearing for March 4, 2024; and Annexation No. 26 Consists of Approximately 10 Acres of Land Generally Located on the West Side of Coffee Street, Approximately 300 feet North of Gerard Avenue
REPORT IN BRIEF
Considers adopting a Resolution of Intent to annex approximately 10 acres of land generally located on the west side of Coffee Street, approximately 300 feet north of Gerard Avenue (CFD Annexation No. 26) into the City’s CFD for Services (CFD 2003-2), including the approval of a Deposit and Reimbursement Agreement for the annexation; accept the petition, consent, and waiver for Annexation No. 26; and set a public hearing and election for March 4, 2024.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2024-19, a Resolution of Intention of the City Council of the City of Merced, acting as t | | |
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24-120
| 1 | I.9. | | Consent Item | SUBJECT: Adoption of a Resolution to Enter into a Funding Agreement with the State of California Department of Water Resources to Receive Funds in the Amount not to Exceed $6,000,000 for the Bear Creek Restoration Project (CP240058)
REPORT IN BRIEF
Considers adopting a Resolution to enter into a Funding Agreement with the State of California Department of Water Resources to receive funds in the amount not to exceed $6,000,000 for the Bear Creek Restoration Project and authorizing the City Manager to execute the agreement on behalf of the City of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2024-18, a Resolution of the City Council of the City of Merced, California, Authorizing the City Manager to enter into an agreement with the State of California Department of Water Resources to receive funds for the Bear Creek Restoration Project; and,
B. Accepting and increasing the revenue budget in Fund 6000 - Wastewater in the amount of $6,000,000, and appropriating the same to Fund 6000 - Wastewater in Project CP240058 Bear Creek Restoration; and,
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24-142
| 2 | J.1. | | Report Item | SUBJECT: Approving a Supplemental Appropriation from the General Fund, Unencumbered, Unreserved Fund Balance of $3,000 and Request for Proposals (RFP) for Local Photography Submissions for a Summer Art Exhibition at the Applegate Park Merced Open Air Theater (MOAT)
REPORT IN BRIEF
Considers approving a supplemental appropriation from the General Fund, unencumbered, unreserved fund balance of $3,000 and an RFP call for local photography for a summer art exhibition at the Applegate Park MOAT.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a supplemental appropriation from the General Fund, unencumbered unreserved fund balance in the amount of $3,000; and,
B. Approving an RFP for original works of photography by local artists featuring sunrises and sunsets in Merced to be displayed at a summer art exhibition at the Applegate Park Merced Open Air Theater (MOAT). | | |
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24-061
| 1 | J.2. | | Report Item | SUBJECT: Mid-Year Budget Review for Fiscal Year 2023-2024, General Fund Supplemental Appropriations and Budget Amendments in Various Funds Totaling $1,699,187
REPORT IN BRIEF
Presents the Fiscal Year 2023-2024 Mid-Year Financial Report, seeks approval of General Fund Supplemental Appropriations and Budget Amendments in Various Funds totaling $1,699,187.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Supplemental Appropriation from the unreserved, unencumbered General Fund Balance in the amount of $20,000 and appropriating in the City Manager’s Division personnel expense accounts; and,
B. Approving a Supplemental Appropriation from the unreserved, unencumbered General Fund balance in the amount of $14,000 to amend a Professional Services agreement with our lobbyist to include grants; and,
C. Approving the addition of one Accountant I/II position in the Finance Department; and,
D. Approving an increase to Administration Revenue from the Successor Agency in the General Fund in the amount of $30,000 and appropriating the same in the Finance Department personnel | | |
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24-135
| 1 | K.1. | | Business Item | SUBJECT: Continued Personnel Board Appointments
REPORT IN BRIEF
Considers appointing one Council nominated individual to the Personnel Board.
RECOMMENDATION
City Council - Adopt a motion appointing one individual from the remaining applicants to serve as a Council nominated replacement member of the Personnel Board to a full-term expiring on July 1, 2026. | | |
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24-109
| 1 | K.2. | | Business Item | SUBJECT: Appointments to the Citizens’ Stipend Setting Commission with 6 Members to be Appointed by District and 1 Member to be Appointed At-Large
REPORT IN BRIEF
Considers the appointment of individuals to the Citizens’ Stipend Setting Commission.
RECOMMENDATION
City Council - Adopt a motion accepting nominations and appointing one individual to each of the six City Council Districts and one individual to be appointed at-large to the Citizens’ Stipend Setting Commission. | | |
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24-095
| 1 | K.3. | | Business Item | SUBJECT: Mayor Serratto’s Request to Discuss a Bike and Pedestrian Bridge at Bear Creek and Parsons Avenue
REPORT IN BRIEF
Mayor Serratto’s request to discuss a bike and pedestrian bridge at Bear Creek and Parsons Avenue.
RECOMMENDATION
Provide direction to staff on the next steps. | | |
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24-093
| 1 | K.4. | | Business Item | SUBJECT: Request to Add Item to Future Agenda
REPORT IN BRIEF
Provides members of the City Council to request that an item be placed on a future City Council agenda for initial consideration by the City Council. | | |
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24-094
| 1 | K.5. | | Business Item | SUBJECT: City Council Comments
REPORT IN BRIEF
Provides an opportunity for the Mayor and/or Council Member(s) to make a brief announcement on any activity(ies) she/he has attended on behalf of the City and to make a brief announcement on future community events and/or activities. The Brown Act does not allow discussion or action by the legislative body under this section. | | |
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