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Meeting Details
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Meeting date/time:
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6/7/2021
6:00 PM
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Minutes status:
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Final
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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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21-474
| 1 | B.1. | | Study Session Item | SUBJECT: Wastewater Treatment Plant Expansion/Design Update
REPORT IN BRIEF
Provides an update to Council on the Wastewater Treatment Plant. | | |
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Video
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21-416
| 1 | E.1. | | Ceremonial Matter Item | 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. | | |
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Video
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21-414
| 1 | E.2. | | Ceremonial Matter Item | SUBJECT: Proclamation - Juneteenth
REPORT IN BRIEF
Received by Allen Brooks, NAACP President. | | |
Action details
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Video
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21-415
| 1 | E.3. | | Ceremonial Matter Item | SUBJECT: Proclamation - Merced Pride Month
REPORT IN BRIEF
Received by a representative of the Merced LGBTQ+ Alliance. | | |
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Video
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21-458
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Update on City of Merced Youth Council Activities
REPORT IN BRIEF
Members of the Youth Council will provide an update on recent and upcoming events to the City Council.
RECOMMENDATION
For information only. | | |
Action details
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Not available
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21-403
| 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. | approved | Pass |
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21-282
| 1 | I.2. | | Consent Item | SUBJECT: Information-Only Contracts for the Month of May 2021
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $33,000 and of Public Works contracts under $71,862. | approved | Pass |
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21-421
| 1 | I.3. | | Consent Item | SUBJECT: Information Only - Traffic Committee Minutes of March 9, 2021
RECOMMENDATION
For information only. | approved | Pass |
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21-438
| 1 | I.4. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of May 17, 2021
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 May 17, 2021. | approved | Pass |
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21-426
| 1 | I.5. | | Consent Item | SUBJECT: Approval of Recommendation from the Recreation and Parks Commission to Change the Disbursement Time Frame of the Wahneta Hall Trust Fund from June to September Allowing Staff Time to True up the Amount to be Awarded by June 30th
REPORT IN BRIEF
Considers approving the recommendation from the Recreation and Parks Commission to change the disbursement time frame of the Wahneta Hall Trust Funds from June, the end of the fiscal year, to September allowing staff time to determine the exact amount available to award by June 30th.
RECOMMENDATION
City Council - Adopt a motion approving the recommendation from the Recreation and Parks Commission to change the disbursement time frame of the Wahneta Hall Trust Funds from June, the end of the fiscal year, to September allowing staff time to determine the exact amount available to award by June 30th. | approved | Pass |
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21-433
| 1 | I.6. | | Consent Item | SUBJECT: Approval of Second Amendment to the Contract with Townsend Public Affairs, Inc., Extending the Contract for an Additional One-Year Term for Legislative Affairs Advocacy and Consulting Services for $60,000
REPORT IN BRIEF
Consider the approval of the Second Amendment to the Townsend Public Affairs, Inc. contract, extending the term of the agreement for an additional one year for Legislative Affairs Advocacy and Consulting Services for a not-to-exceed amount of $60,000.
RECOMMENDATION
City Council - Adopt a motion approving the second amendment to the contract with Townsend Public Affairs, Inc., and authorizing the City Manager or designee to execute the necessary documents. | approved | Pass |
Action details
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21-394
| 1 | I.8. | | Consent Item | SUBJECT: Approval of an Agreement with Phase II Systems for the Section 115 Post Employment Benefit Trust Administered by Public Agency Retirement Services (PARS) to Fund the City’s Pension Benefits
REPORT IN BRIEF
Requests approval of a Professional Services Agreement with Phase II Systems, doing business as “Public Agency Retirement Services” and “PARS” for administrative services as Trust Administrator for pre-funding pension obligations.
RECOMMENDATION
City Council - Adopt a motion approving the agreement for professional services with Phase II Systems, doing business as “Public Agency Retirement Services” and “PARS” for administrative services as Trust Administrator for pre-funding pension obligations and authorizing the City Manager or designee to execute the necessary documents. | approved | Pass |
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21-279
| 1 | I.9. | | Consent Item | SUBJECT: Award of Bid and Approval of Agreement with SCL North for the Purchase of Seventeen (17) Concrete Poles not to Exceed $49,889.18
REPORT IN BRIEF
Considers awarding the bid to SCL North for the purchase of seventeen (17) concrete poles not to exceed $49,889.18.
RECOMMENDATION
City Council - Adopt a motion awarding the bid and approving the agreement with SCL North for the purchase of concrete poles in the amount of $49,889.18 and authorizing the City Manager or designee to execute any necessary documents. | approved | Pass |
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21-412
| 1 | I.10. | | Consent Item | SUBJECT: Award of Bid and Approval of Contract with Miracle Playsystems for the McNamara Park Playground Equipment Replacement, Project No. 121034, in the Amount of $89,279.05
REPORT IN BRIEF
Considers awarding a contract in the amount of $89,279.05 to Miracle Playsystems to remove and replace the Playground Equipment located at McNamara Park.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding bid and approving the Statement of Services contract with Miracle Playsystems for the McNamara Park Playground Equipment Replacement, Project No. 121034, in the amount of $89,279.05; and,
B. Authorizing the City Manager or designee to execute the necessary documents and to approve change orders not to exceed 10% of the total contract. | approved | Pass |
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21-362
| 1 | I.11. | | Consent Item | SUBJECT: Adoption of Resolution Approving the Fiscal Year 2021/2022 Project List for the Road Repair Accountability Act (SB 1), Local Streets and Roads Funding
REPORT IN BRIEF
Requests the City Council to approve the list of projects proposed to be funded with Road Maintenance and Rehabilitation Account (RMRA) funds pursuant to SB1 for FY 2021/2022.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2021-45, a Resolution of the City Council of the City of Merced, California, approving the “FY 2021-2022 Project List” for the Road Repair and Accountability Act (SB1), Local Streets and Roads Funding for Fiscal Year 2021-2022”. | approved | Pass |
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21-183
| 1 | I.12. | | Consent Item | SUBJECT: Award of Bid and Approval of an Agreement in the Amount of $54,296 With Rugged Solutions America LLC dba Rugged Depot for the Purchase of 11 Panasonic Toughbook CF-33 Laptop Computers, Accessories, and Protection Plans
REPORT IN BRIEF
Considers awarding bid to Rugged Solutions America LLC dba Rugged Depot in the amount of $54,296 to provide for the purchase of 11 Panasonic Toughbook CF-33 laptop computers, accessories and protection plans, which will replace the Fire Department’s current Mobile Digital Computers (MDC’s) which have exceeded their end-of-life.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the bid ($54,296) to the lowest bidder, Rugged Solutions America LLC dba Rugged Depot; and,
B. Approving the attached contract for the purchase of 11 Panasonic Toughbook CF-33 laptop computers, accessories, and protection plans for $58,819.42; and,
C. Authorizing the City Manager or designee to execute the necessary documents. | approved | Pass |
Action details
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21-376
| 1 | I.13. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase with the State of California and Approval of the State of California’s CALNET 4 Category 16: Long Distance Calling, Category 17: Toll Free Voice Calling, Category 18: Long Distance Calling, Category 18.3.1.1: Analog Service, Category 20: MPLS Data Network Services, Category 22: Cloud Hosted VoIP Services, Category 23: Metropolitan Area Network (MAN) Ethernet Services and Features, Category 24: Flat Rate Internet Services, Category 25: Sustained Bandwidth Internet Services and Features, Category 30: Broadband with Internet Services for AT&T Corporation Providing Telecommunication Services not to Exceed the Annual Amount of $75,000 and a Total Amount of $300,000
REPORT IN BRIEF
Considers waiving the competitive bid process and approving the State of California’s competitively bid contract CALNET 4 for AT&T Corporation providing telecommunication services not to exceed the annual cost of $75,000 and a total cost of $300,000 and authorizing the City Manager or designee to execute the contract.
| approved | Pass |
Action details
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21-377
| 1 | I.14. | | Consent Item | SUBJECT: Adoption of a Resolution Approving Final Map 5381 for the Bellevue Ranch West, Village 17-C, Phase 1 Subdivision for 48 Single-Family Lots, Generally Located between M Street and Freemark Avenue, North of Arrowwood Drive, and the Approval of the Subdivision Agreement for the Bellevue Ranch West, Village 17-C, Phase 1 Subdivision
REPORT IN BRIEF
Considers the approval of Final Map #5381 for 48 single-family lots, generally located between M Street and Freemark Avenue, north of Arrowwood Drive, and the Subdivision Agreement for the Bellevue Ranch West, Village 17-C, Phase 1 subdivision.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2021-40, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for the Bellevue Ranch West, Village 17-C, Phase 1 Subdivision (#5381); and,
B. Approving the Subdivision Agreement for Bellevue Ranch West, Village 17-C, Phase 1 Subdivision; and,
C. Authorizing the City Manager or designee to execute all necessary documents. | approved | Pass |
Action details
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21-299
| 1 | I.15. | | Consent Item | SUBJECT: Adoption of a Resolution Approving Final Map 5384 (Cypress Terrace 7, Phase B) for 32 Single-Family Lots, Generally Located South of Gerard Avenue, West of M Street, and the Approval of the Subdivision Agreement for Cypress Terrace 7, Phase B
REPORT IN BRIEF
Considers the approval of Final Map #5384 for 32 single-family lots, generally located south of Gerard Avenue, west of M Street, and the Subdivision Agreement for Cypress Terrace 7, Phase B.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2021-41, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for the Cypress Terrace 7, Phase B Subdivision (#5384); and,
B. Approving the Subdivision Agreement for Cypress Terrace 7, Phase B; and,
C. Authorizing the City Manager or designee to execute all necessary documents. | approved | Pass |
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21-382
| 1 | I.16. | | Consent Item | SUBJECT: Adoption of Resolution of Intent Regarding (a) Annexation into Community Facilities District (CFD) No. 2003-2 (Services) for the Yosemite Crossing Development, and (b) Detachment of Same Property from Mansionette Maintenance District; Setting a Public Hearing for June 21, 2021; and Acceptance of a Petition, Consent and Waiver from Yosemite and G, LLC, for Annexation into CFD No. 2003-2 (Services) and Detachment from Mansionette Maintenance District and Approving a Deposit and Reimbursement Agreement to Reimburse the City for the Cost of Community Facilities District Formation and Related Expenditure in the Amount of $25,000
REPORT IN BRIEF
Requests the City Council to accept a Petition to Annex into CFD 2003-2 (Services) from Yosemite and G, LLC; approve a Deposit and Reimbursement Agreement with Yosemite and G, LLC; adopt a Resolution of intent to (a) annex the Yosemite Crossing Development into Community Facilities District (CFD) No. 2003-2 and (b) detach the Yosemite Crossing development from the existing Mansionette Maintenance District; and set a Public Hearing for Ju | approved | Pass |
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21-385
| 1 | I.17. | | Consent Item | SUBJECT: Approval of a Finding of Public Convenience or Necessity for the Sale of Alcohol for the 7-Eleven to be Located at 1995 W Olive Avenue (Land Use Determination #21-03)
REPORT IN BRIEF
Provides options for the City Council to consider making a Finding of Public Convenience or Necessity (PCN), as required by the Department of Alcoholic Beverage Control (ABC), to issue a Type 20 alcohol license (“off-sale general” allowing the sale of beer and wine) for the new 7-Eleven to be located at 1995 W Olive Avenue.
RECOMMENDATION
City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow 7-Eleven, to be located at 1995 West Olive Avenue, to obtain a Type 20 ABC license for “off-sale general” allowing the sale of beer and wine (Option #1 as shown in the “Council Action” section of this Administrative Report). | approved | Pass |
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21-370
| 1 | I.19. | | Consent Item | SUBJECT: Approval of a Community Development Block Grant Program Deed Restriction Covenant and Loan Agreement Between the City of Merced and Merced CA Apartments L.P., a Delaware Limited Partnership, Regulatory Agreement and Declaration of Restrictive Covenants, and Deed of Trust with Assignment of Rents; and Authorizing the City Manager or Designee to Execute these and Future Documents to Implement the Council’s Actions
REPORT IN BRIEF
Approving a Community Development Block Grant Program (CDBG) Deed Restriction Covenant and Loan Agreement between the City of Merced and Merced CA Apartments L.P., a Delaware Limited Partnership, Regulatory Agreement and Declaration of Restrictive Covenants, and Deed of Trust with Assignment of Rents; and authorizing the City Manager to execute said documents to implement the Council’s actions.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Community Development Block Grant Program (CDBG) Deed Restriction Covenant and Loan Agreement between the City of Merced and Merced CA Apartments L.P., a Delaware Limited Partnership, Regulator | approved | Pass |
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21-434
| 1 | I.7. | | Consent Item | SUBJECT: Approval to Accept American Rescue Plan Act Funds From the U.S. Department of Treasury Corona Virus Local Fiscal Recovery Fund up to the Allocated Amount of $27,427,882
REPORT IN BRIEF
Approving the acceptance of American Rescue Plan Act funds from the U.S. Department of Treasury Corona Virus Local Fiscal Recovery Fund up to the allocated amount of $27,427,882.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the acceptance of up to $27,427,882 in American Rescue Plan Act funds from the U.S. Department of Treasury Corona Virus Local Fiscal Recovery Fund; and,
B. Authorizing the City Manager or designee to execute the necessary documents; and,
C. Authorizing the Finance Officer to make any necessary budget adjustments. | approved | Pass |
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Video
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21-327
| 1 | I.18. | | Consent Item | SUBJECT: Approval of Memorandum of Understanding Between the County of Merced and City of Merced Relating to the Referral and Review Pursuant to Government Code 65919 of Possible Entitlements by the Virginia Smith Trust
REPORT IN BRIEF
Memorandum of Understanding (MOU) between the County of Merced and City of Merced relating to the referral and review pursuant to Government Code 65919 of possible entitlements by the Virginia Smith Trust (VST).
RECOMMENDATION
City Council - Adopt a motion approving a Memorandum of Understanding between the County of Merced and City of Merced relating to the referral and review pursuant to Government Code 65919 of possible entitlements by the Virginia Smith Trust. | approved | Pass |
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Video
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21-400
| 1 | J.1. | | Public Hearing Item | SUBJECT: Public Hearing to Consider the Introduction of an Ordinance Amending Section 3.38.050 “Citizens Oversight Committee” of the Merced Municipal Code to Facilitate the Consolidation of all Current and Future Tax Oversight Committees into One Oversight Commission
REPORT IN BRIEF
Considers the introduction of an ordinance to consolidate all current and future tax measure oversight commissions into a single commission.
RECOMMENDATION
City Council - Adopt a motion introducing Ordinance 2525, an Ordinance of the City Council of the City of Merced, California, amending section 3.38.050, “Citizens Oversight Committee,” of the Merced Municipal Code. | approved | Fail |
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Video
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21-216
| 1 | J.2. | | Public Hearing Item | SUBJECT: Public Hearing to Consider the Annexation of Certain Property into Community Facilities District (CFD) No. 2003-2 (Services), Calling and Holding a Special Election for Annexation No. 15 into CFD No. 2003-2 (Services) for the Merced Gateway Shopping Center; Canvassing the Results of the Election Held within Annexation No. 15 of Said District, and Annexing Annexation No. 15 to Said District and Authorizing the Levy of a Special Tax Within Said Annexation No. 15
REPORT IN BRIEF
Hold a public hearing and election for annexation into Community Facilities District No. 2003-2 (Services) for the Merced Gateway Shopping Center, generally located on the east side of Coffee Street, between Mission Avenue and Gerard Avenue.
RECOMMENDATION
City Council - Adopt a motion:
A. Holding a Public Hearing on the annexation of certain property into the CFD and the levy of special taxes; and,
B. Adopting Resolution 2021-37, a Resolution of the City Council of the City of Merced, acting as the Legislative Body of the Community Facilities District No. 2003-2 (Services) of the City of Merced | approved | Pass |
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21-312
| 1 | J.3. | | Public Hearing Item | SUBJECT: Public Hearing to Consider a Resolution Approving Lowering the Tax on Commercial Cannabis Cultivation, Manufacturing, Distribution, Retailing and Testing; and a Resolution Adopting Updated Application Fees for Commercial Cannabis Business Permits and Updated Annual Regulatory Fees for Commercial Cannabis Businesses
REPORT IN BRIEF
Council is asked to consider a resolution lowering the tax on commercial cannabis cultivation, lowering the tax on commercial cannabis manufacturing, lowering the tax on commercial cannabis distribution, lowering the tax on commercial cannabis retailing and lowering the tax on commercial cannabis testing. Additionally, the Council is asked to consider the adoption of a resolution updating application fees for Commercial Cannabis Business Permits and updating annual regulatory fees for Commercial Cannabis Businesses.
RECOMMENDATION
City Council- Adopt a motion:
A. Adopting Resolution 2021-42, a Resolution of the City Council of the City of Merced, California, implementing its discretion to lower the tax on commercial cannabis cultivati | approved | Pass |
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Video
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21-363
| 1 | J.4. | | Public Hearing Item | SUBJECT: Public Hearing to Allow the Interested Public an Opportunity to Provide Input on the Content of the City Council, Public Financing and Economic Development Authority and the Parking Authority Fiscal Year 2021-22 Proposed Budget and After Hearing all Comments Continue the Public Hearing to June 21, 2021 and Provide a 3rd Quarter Revenue Update for Fiscal Year 2020-2021
REPORT IN BRIEF
Public Hearing to afford the interested public an opportunity to provide input on the content of the 2021-22 City Council, Public Financing and Economic Development Authority, and Parking Authority Proposed Budget and provide a 3rd Quarter Revenue Update for Fiscal Year 2020-21.
RECOMMENDATION
City Council/Public Financing and Economic Development Authority/Parking Authority - It is recommended that the City Council/Authorities conduct the Public Hearing and provide direction to the City Manager on the content of the Fiscal Year 2021-22 Budget; and adopt a motion continuing the Public Hearing to the June 21, 2021 Council Meeting. | approved | Fail |
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21-409
| 1 | K.1. | | Report Item | SUBJECT: Report to Allow for Public Input on the Various Maintenance Districts’ Engineer’s Reports and Budgets for Fiscal Year 2021/2022 During the Public Meeting
REPORT IN BRIEF
Considers public input on the various Maintenance Districts’ budgets during the public meeting, without taking action on the determination of assessment levy until the close of the Public Hearing scheduled for Monday, June 21, 2021.
RECOMMENDATION
City Council - Adopt a motion seeking public input on the Fiscal Year 2021/2022 Maintenance Districts’ budgets, without taking action until the Public Hearing is closed on June 21, 2021. | | |
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Video
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21-404
| 1 | L.1. | | 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. | approved | Pass |
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21-405
| 1 | L.2. | | 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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21-408
| 1 | M.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative(s): Travis Lindsey and Janell Van Bindsbergen, Lozano Smith, Attorneys at Law; Employee Organizations: American Federation of State, County, and Municipal Employees (AFSCME) Council 57; Local 2703, International Association of Fire Fighters, Local 1479; Merced Police Officers’ Association (MPOA); Merced Association of Police Sergeants and Merced Association of City Employees (MACE). AUTHORITY: Government Code Section 54957.6 | | |
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21-456
| 1 | M.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative: City Manager Stephanie Dietz; Unrepresented Management AUTHORITY: Government Code Section 54957.6 | | |
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21-448
| 1 | M.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Paragraph (1) of Subdivision (d) of Government Code section 54956.9, Name of Case: Ker Lee v. Timothy Farmer, City of Merced; Merced Superior Court Case No. 20CV-00255 | | |
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21-460
| 1 | M.4. | | Closed Session Item | SUBJECT: LIABILITY CLAIMS; Claimant(s): Brenda Keen, Cruzera Najeri Holquin, Tou Ta Xiong, and Maribel Shaw; Agency Claimed Against: City of Merced, Local Agency Member of the Central San Joaquin Valley Risk Management Authority - a Joint Powers Authority; AUTHORITY: Government Code Section 54956.95 | | |
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21-477
| 1 | M.5. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS - Agency Designated Representatives: Mayor and City Council Members. Unrepresented Employee: City Attorney; Authority: Government Code Section 54957 and 54957.6 | | |
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