CITY OF MERCED - Meeting of City Council/Public Finance and Economic Development Authority/Parking Authority on 4/17/2023 at 6:00 PM

23-307

Thu, 14 Aug 2025 22:02:53 GMT

File #: 23-307
Ver.: 1
Agenda #: B.1.
Type: Closed Session Item
Title: SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Paragraph (1) of Subdivision (d) of Government Code section 54956.9, Name of Cases: Appeal #2 of the Planning Commission’s Approval of Commercial Cannabis Business Permit (CCBP) #22-02R for Retail Cannabis at 1111 Motel Drive by JIVA MCE, LLC
Action:
Result:

23-344

Thu, 14 Aug 2025 22:02:54 GMT

File #: 23-344
Ver.: 1
Agenda #: B.2.
Type: Closed Session Item
Title: SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9: Two (2) Potential Lawsuits
Action:
Result:

23-334

Thu, 14 Aug 2025 22:02:54 GMT

File #: 23-334
Ver.: 1
Agenda #: B.3.
Type: Closed Session Item
Title: SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9: Six (6) Potential Cases
Action:
Result:

23-331

Thu, 14 Aug 2025 22:02:54 GMT

File #: 23-331
Ver.: 1
Agenda #: B.4.
Type: Closed Session Item
Title: SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Attorney; Authority: Government Code Section 54957
Action:
Result:

23-332

Thu, 14 Aug 2025 22:02:54 GMT

File #: 23-332
Ver.: 1
Agenda #: B.5.
Type: Closed Session Item
Title: SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager; Authority: Government Code Section 54957
Action:
Result:

23-322

Thu, 14 Aug 2025 22:02:53 GMT

File #: 23-322
Ver.: 1
Agenda #: F.1.
Type: Ceremonial Matter Item
Title: SUBJECT: City Council Volunteer of the Year Awards REPORT IN BRIEF Council Members nominated a volunteer within their district and the Mayor nominated one at-large volunteer to highlight those who have given back to their community.
Action:
Result:

23-076

Thu, 14 Aug 2025 22:02:52 GMT

File #: 23-076
Ver.: 1
Agenda #: I.1.
Type: Consent Item
Title: 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.
Action: approved
Result: Pass

23-338

Thu, 14 Aug 2025 22:02:54 GMT

File #: 23-338
Ver.: 1
Agenda #: I.2.
Type: Consent Item
Title: SUBJECT: Information Only - Planning Commission Minutes of March 22, 2023 RECOMMENDATION For information only.
Action: approved
Result: Pass

23-256

Thu, 14 Aug 2025 22:02:53 GMT

File #: 23-256
Ver.: 1
Agenda #: I.3.
Type: Consent Item
Title: SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of November 21, 2022 REPORT IN BRIEF Official adoption of previously held meeting minutes. RECOMMENDATION City Council/Public Financing and Economic Development/Parking Authority - Adopt a motion approving the meeting minutes of November 21, 2022.
Action: approved
Result: Pass

23-345

Thu, 14 Aug 2025 22:02:54 GMT

File #: 23-345
Ver.: 1
Agenda #: I.4.
Type: Consent Item
Title: SUBJECT: Approval of the Restated Joint Powers Agreement of the Merced County Association of Governments (MCAG) REPORT IN BRIEF Considers approving the Restated Joint Powers Agreement of the MCAG. RECOMMENDATION City Council - Adopt a motion: A. Approving the Restated Joint Powers Agreement of the MCAG; and, B. Authorizing the City Manager or Deputy City Manager to execute the agreement.
Action: approved
Result: Pass

23-347

Thu, 14 Aug 2025 22:02:54 GMT

File #: 23-347
Ver.: 1
Agenda #: I.5.
Type: Consent Item
Title: SUBJECT: Approval of an Agreement with Marderosian & Cohen for an Amount not to Exceed $50,000 and the Approval of a Supplemental Appropriation in the Amount of $50,000 from the Unreserved, Unencumbered Fund Balance of Fund 6000-Wastewater System Operations, and to Support the Completion of a Hydrology Study REPORT IN BRIEF Considers approving an agreement with Marderosian & Cohen for the completion of a Hydrology Study in the Amount of $50,000 and the approval of a supplemental appropriation in the amount of $50,000 from the unreserved, unencumbered fund balance of Fund 6000-Wastewater System Operations. RECOMMENDATION City Council - Adopt a motion: A. Approving the Agreement with Marderosian & Cohen for the completion of a Hydrology Study for an amount not to exceed $50,000; and, B. Approving a Supplemental Appropriation in the amount of $50,000 from the unreserved, unencumbered fund balance of Fund 6000-Wastewater System Operations Storm Drain Division; and, C. Authorizing the Finance Officer to make the necessary budget adjustments; and, D. Authorizing the City Manage
Action: approved
Result: Pass

23-183

Thu, 14 Aug 2025 22:02:52 GMT

File #: 23-183
Ver.: 2
Agenda #: I.6.
Type: Consent Item
Title: SUBJECT: Award Bid to AMS.Net for the Purchase of a CCTV Camera System for a Total Cost of $100,444 REPORT IN BRIEF Considers awarding bid to AMS.Net for the purchase of a CCTV Camera System for a Total cost of $100,444. RECOMMENDATION City Council - Adopt a motion: A. Awarding the bid to AMS.Net for CCTV Camera Systems for a total cost of $100,444; and, B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents.
Action: approved
Result: Pass

23-172

Thu, 14 Aug 2025 22:02:53 GMT

File #: 23-172
Ver.: 1
Agenda #: I.7.
Type: Consent Item
Title: SUBJECT: Adoption of a Resolution Setting a Public Meeting for Monday, June 5, 2023, and a Public Hearing for Tuesday, June 20, 2023, Regarding Maintenance Districts Engineer’s Reports and Budgets - Fiscal Year 2023/2024 REPORT IN BRIEF Considers setting a public meeting for Monday, June 5, 2023, to address the proposed Engineer’s Reports and Budgets and a formal public hearing for Tuesday, June 20, 2023, before a determination is made on the level of assessment to approve. RECOMMENDATION City Council - Adopt a motion adopting Resolution 2023-25, a Resolution of the City Council of the City of Merced, California, approving Engineer’s Reports on Maintenance Districts and setting a public meeting and a public hearing thereon.
Action: approved
Result: Pass

23-336

Thu, 14 Aug 2025 22:02:54 GMT

File #: 23-336
Ver.: 1
Agenda #: I.8.
Type: Consent Item
Title: SUBJECT: Acceptance and Appropriation of Grant Funding in the Amount of $250 for FY 2022-23 from United States Tennis Association Northern California REPORT IN BRIEF Considers accepting and appropriating grant funding in the amount of $250 from USTA for HITS tennis equipment grant. RECOMMENDATION City Council - Adopt a motion: A. Accepting grant funds from USTA NorCal in the amount of $250 and increasing Donations Contribution Revenue in Fund 1018-Parks & Community Service; and, B. Appropriating the same to Operating Materials, Services and Supplies account in Fund 1018-Parks & Community Service; and, C. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents.
Action: approved
Result: Pass

23-002

Thu, 14 Aug 2025 22:02:52 GMT

File #: 23-002
Ver.: 1
Agenda #: I.9.
Type: Consent Item
Title: SUBJECT: Approval of Allocation of U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Resources, and Approval of Associated Subrecipient Agreement with the County of Merced, on Behalf of its Human Services Agency, for the Respective Program Approved in Support of the Continuum of Care with the Adopted 2022 Annual Action Plan REPORT IN BRIEF Considers approving the execution of Community Development Block Grant (CDBG) Subrecipient Agreement with the County of Merced, on behalf of its Human Services Agency, in the amount of $38,000 for the 2022 Continuum of Care Collaborative Applicant administrative support program. RECOMMENDATION City Council - Adopt a motion: A. Approving the agreement for the program identified in the 2022 Annual Action Plan using Fiscal Year 2022-23 CDBG funds with the County of Merced on behalf of its Human Services Agency, in the amount of $38,000 for the “City and County Continuum of Care 2022-23 Collaborative Applicant” Program; and, B. Authorizing the City Manager or the Deputy City Manager to execute, and if ne
Action: approved
Result: Pass

23-036

Thu, 14 Aug 2025 22:02:53 GMT

File #: 23-036
Ver.: 1
Agenda #: I.10.
Type: Consent Item
Title: SUBJECT: Approval of the Release of Agreements Affecting the Property Approved for the Future Construction of the Devonwood Village Apartments as Requested by the Property Owner, Devonwood 64, LP., Generally Located on the South Side of Devonwood Drive, Between Loughborough Drive and Austin Avenue REPORT IN BRIEF The property owner, Devonwood 64, LP is seeking the release of five agreements to allow the site to be sold to a developer of the approved apartment complex. The five agreements include four Developer Agreements and one Subdivision Agreement. The City Council’s action would also include authorizing the City Manager or Deputy City Manager to execute the necessary documents to release the agreements. RECOMMENDATION City Council - Adopt a motion: A. Approving the release of three agreements between the City of Merced and the Bianchi Land Company dated September 25, 1992, August 8, 1994, and July 21, 1999, and the release of a Developer Agreement between the City of Merced and PPC Highland Park, LLC dated November 6, 2006, and a Subdivision Agreement between the City o
Action: approved
Result: Pass

23-304

Thu, 14 Aug 2025 22:02:53 GMT

File #: 23-304
Ver.: 1
Agenda #: I.13.
Type: Consent Item
Title: SUBJECT: Award Bid to Mid Cal Pipeline & Utilities, Inc. for the Orchard Lane Sewer Relocation, Project Number CP190025, in the Amount of $876,235 REPORT IN BRIEF Considers awarding a construction contract to Mid Cal Pipeline & Utilities, Inc. in the amount of $876,235 for the Orchard Lane Sewer Relocation Project. RECOMMENDATION City Council - Adopt a motion: A. Awarding the Orchard Lane Sewer Relocation Project, Project No. CP190025 to Mid Cal Pipeline & Utilities, Inc., in the amount of $876,235; and, B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents and to approve change orders not to exceed 10% of the total contract; and, C. Authorizing the Finance Officer authorization to make necessary budget adjustments.
Action: approved
Result: Pass

23-209

Thu, 14 Aug 2025 22:02:52 GMT

File #: 23-209
Ver.: 1
Agenda #: I.11.
Type: Consent Item
Title: SUBJECT: Adoption of a Resolution of Intent Regarding Annexation No. 24 into Community Facilities District (CFD) No. 2003-2 (Services), Approving a Deposit and Reimbursement Agreement for Annexation No. 24, and Setting a Public Hearing for June 5, 2023, Annexation No. 24 Consists of Approximately 38 Acres of Land Generally Located at the Northwest Corner of G Street and Farmland Avenue REPORT IN BRIEF Requests the City Council to adopt a Resolution of Intent to annex approximately 38 acres of land generally located at the northwest corner of G street and Farmland Avenue (CFD Annexation No. 24) 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. 24; and set a public hearing and election for June 5, 2023. RECOMMENDATION City Council - Adopt a motion: A. Adopting Resolution 2023-26, a Resolution of Intention of the City Council of the City of Merced, acting as the Legislative Body of the City of Merced Community Facilities District No. 2003-2 (
Action: approved
Result: Pass

23-288

Thu, 14 Aug 2025 22:02:54 GMT

File #: 23-288
Ver.: 1
Agenda #: I.12.
Type: Consent Item
Title: SUBJECT: Approval of a Memorandum of Understanding (MOU) Between the City of Merced and the Merced County Office of Education (MCOE) to Accept $650,000 to Install a Futsal Court at Community Park 42 Regional Sports Facility and Award Bid to American Paving Co. for the Community Park 42, Project Number CP220061, in the Amount of $5,800,580.70 REPORT IN BRIEF Considers approving of a Memorandum of Understanding (MOU) between the City of Merced and the Merced County Office of Education (MCOE) to accept $650,000 for the installation of a futsal court at Community Park 42 Regional Sports Facility and awarding a construction contract to American Paving Co. in the amount of $5,800,580.70 for the Community Park 42 Regional Sports Facility project. RECOMMENDATION City Council - Adopt a motion: A. Approving a Memorandum of Understanding between the City of Merced and Merced County Office of Education to install a futsal court at Community Park 42 Regional Sports Facility; and, B. Authorizing the City Manager or the Deputy City Manager to execute the MOU; and, C. Accepting revenue fro
Action: approved
Result: Pass

23-346

Thu, 14 Aug 2025 22:02:55 GMT

File #: 23-346
Ver.: 1
Agenda #: I.14.
Type: Consent Item
Title: SUBJECT: Lease Agreement with Williams Scotsman, Inc. to Provide a Temporary Portable Building for the Stephen Leonard Park Building Rehabilitation Structural Repairs, Project Number CP230052, in the Amount of $87,236.68, Increasing Revenue in the Amount of $108,237, and Appropriating the Same REPORT IN BRIEF Considers approving a Lease Agreement with Williams Scotsman, Inc., for a temporary portable building at Stephen Leonard Park to provide office space for the current tenant or any future tenant while the Stephen Leonard Building is being repaired, increasing revenue in the amount of $108,237, and appropriating the same. RECOMMENDATION City Council - Adopt a motion: A. Approving the Lease Agreement with Williams Scotsman, Inc. in the amount of $87,236.68 to provide a temporary portal building at Stephen Leonard Park for the Stephen Leonard Park Building Rehabilitation Structural Repairs; and, B. Approving an increase to cost recovery revenue in Fund 5000-Parks and Community Services in the amount of $108,237, appropriating the same in Fund 5000-Parks and Community Servic
Action: approved
Result: Pass

23-324

Thu, 14 Aug 2025 22:02:53 GMT

File #: 23-324
Ver.: 1
Agenda #: I.15.
Type: Consent Item
Title: SUBJECT: Second Reading and Final Adoption of an Ordinance to Approve Adding Chapter 9.75, “Displaced Tenant Protections,” to the City of Merced Municipal Code and Introduction of an Ordinance Adding Chapter 9.75, “Displaced Tenant Protections,” to the City of Merced Municipal Code REPORT IN BRIEF Second reading and final adoption of an Ordinance to approve adding Chapter 9.75 to the City of Merced Municipal Code and introducing a regular ordinance adding Chapter 9.75 to the City of Merced Municipal Code. RECOMMENDATION City Council - Adopt a motion adopting Ordinance No. 2548, an Ordinance of the City Council of the City of Merced, California, adding Chapter 9.75, “Displaced Tenant Protections,” to the Merced Municipal Code.
Action: approved
Result: Pass

23-337

Thu, 14 Aug 2025 22:02:54 GMT

File #: 23-337
Ver.: 1
Agenda #: J.1.
Type: Public Hearing Item
Title: SUBJECT: Appeal of the Planning Commission’s Approval of Commercial Cannabis Business Permit (CCBP) #22-02R for Retail Cannabis at 1111 Motel Drive by JIVA MCE, LLC (“Jiva Life”) REPORT IN BRIEF JIVA MCE, LLC (“Jiva Life”) has appealed the Planning Commission’s approval of Commercial Cannabis Business Permit #22-02R (Culture Merced Dispensary) for a retail cannabis facility at 1111 Motel Drive. RECOMMENDATION City Council - Adopt a motion: A. Granting or denying the appeal of JIVA MCE, LLC (“Jiva Life”); and, B. Providing direction to staff regarding findings to grant or deny appeal, with or without prejudice.
Action: approved
Result: Pass

23-293

Thu, 14 Aug 2025 22:02:53 GMT

File #: 23-293
Ver.: 1
Agenda #: K.1.
Type: Report Item
Title: SUBJECT: Further Discussion, Additional Information, and Project Alternatives Regarding Community Development Block Grant Project Funding for the U.S. Department of Housing and Urban Development (HUD) 2023 Annual Action Plan REPORT IN BRIEF Provides additional project information and alternative options for Council consideration regarding 2023 Annual Action Plan project funding proposals, following Council direction received at the Public Hearing on March 20, 2023. RECOMMENDATION City Council - A. Discuss and provide additional direction and/or comments to staff regarding the 2023 revised preliminary project funding for inclusion into the 2023 Annual Action Plan; and, B. Though not a Public Hearing, provide an opportunity for the public to comment on project funding options.
Action: approved
Result: Pass

23-325

Thu, 14 Aug 2025 22:02:53 GMT

File #: 23-325
Ver.: 1
Agenda #: L.1.
Type: Business Item
Title: SUBJECT: Council Member Ornelas’ Request to Reconsider the Housing Trust Fund and Any Subsequent Funding Allocation REPORT IN BRIEF Council Member Ornelas’ request to reconsider the Housing Trust Fund and any subsequent funding allocation. RECOMMENDATION Provide direction to staff on next steps.
Action: approved
Result: Pass

23-086

Thu, 14 Aug 2025 22:02:52 GMT

File #: 23-086
Ver.: 1
Agenda #: L.2.
Type: Business Item
Title: 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.
Action:
Result:

23-198

Thu, 14 Aug 2025 22:02:52 GMT

File #: 23-198
Ver.: 1
Agenda #: L.3.
Type: Business Item
Title: 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.
Action:
Result: