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Meeting Details
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Meeting date/time:
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9/20/2021
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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21-778
| 1 | B.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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21-779
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code section 54956.9: (1) potential case | | |
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21-669
| 1 | B.3. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYMENT - TITLE: City Attorney; AUTHORITY: Government Code 54957 | | |
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21-730
| 1 | F.1. | | Special Presentation Item | SUBJECT: Presentation on Young Legislators Program 2021
REPORT IN BRIEF
Presented by Joyce Dale from State Senator Ana Caballero’s Office. | | |
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21-723
| 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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21-726
| 1 | I.2. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of August 19, 2021 and September 7, 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 August 19, 2021 and September 7, 2021. | approved | Pass |
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21-519
| 1 | I.3. | | Consent Item | SUBJECT: Adoption of Resolution Approving Final Map 5391 (Cypress Terrace 7, Phase D) for 34 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 D
REPORT IN BRIEF
Considers the approval of Final Map #5391 for 34 single-family lots, generally located south of Gerard Avenue, west of M Street, and the Subdivision Agreement for Cypress Terrace 7, Phase D.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2021-81, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for the Cypress Terrace 7, Phase D Subdivision (#5391); and,
B. Approving the Subdivision Agreement for Cypress Terrace 7, Phase D; and,
C. Authorizing the City Manager or Deputy City Manager to execute all necessary documents. | approved | Pass |
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21-667
| 1 | I.4. | | Consent Item | SUBJECT: Approval of Land Use Determination #21-05 - Finding of Public Convenience or Necessity for R & K Fuel (Street Corner Urban Market/Chevron), Located at 809 S. Coffee Street
REPORT IN BRIEF
This report 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 (allowing the sale of beer and wine for off-site consumption) for R & K Fuel, located at 809 S. Coffee Street.
RECOMMENDATION
City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow R & K Fuel, located at 809 S. Coffee Street, to obtain a Type 20 license for off-site consumption 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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21-618
| 1 | I.7. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirement and Approval of a Government Services Multi-Channel Sales Agreement with Govplanet
REPORT IN BRIEF
Considers approving a one-year sales agreement with Govplanet to use its online marketplace to sell City of Merced surplus vehicles, equipment and other miscellaneous surplus items as needed via online auction.
RECOMMENDATION
City Council - Adopt a motion:
A. Waving the competitive bidding process; and,
B. Approving the sales agreement with Govplanet; and,
C. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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21-627
| 1 | I.8. | | Consent Item | SUBJECT: Approval of an Agreement with Merced Community College District for the Professional Services of a Police Administrator for the 2021/22 Fiscal Year in the Amount of $219,248.81
REPORT IN BRIEF
Considers approving an agreement between the City of Merced Police Department and the Merced Community College District for police administrative services at the District’s campuses.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Memorandum of Understanding between the City of Merced and the Merced Community College District to provide police services in the District’s campuses; and,
B. Authorizing the City Manager or Deputy City Manager to execute the agreement; and,
C. Authorizing the Finance Officer to make the appropriate budget adjustments. | approved | Pass |
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21-753
| 1 | I.9. | | Consent Item | SUBJECT: Approval to Accept and Appropriate Grant Funds from the Department of Homeland Security Federal Emergency Agency (FEMA) Fiscal Year 2020 Assistance to Firefighters Grant (AFG) Program in the Amount of $403,470.60 With Matching Funds from the Unencumbered, Unreserved General Fund Balance in the Amount of $40,347.06, for a Total Project Cost of $443,817.66 to Purchase Portable Radios, Base Station Radios, Accessories, and Multi-Bank Chargers and Approval to Use Pooled Cash to Cover the Appropriation Until Grant Funds are Reimbursed
REPORT IN BRIEF
Considers accepting and appropriating grant funds from the Department of Homeland Security Federal Emergency Agency (FEMA) Fiscal Year 2020 Assistance to Firefighters Grant (AFG) Program in the amount of $403,470.60 with matching funds from the unencumbered, unreserved General Fund balance in the amount of $40,347.06, for a total project cost of $443,817.66 to purchase portable radios, base station radios, accessories, and multi-bank chargers; using pooled cash to cover the appropriation until grant funds are reimbursed.
RECOMMEN | approved | Pass |
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21-735
| 1 | I.11. | | Consent Item | SUBJECT: Approval to Distribute the 2021 Wahneta Hall Trust Funds in the Amount of $2,933 to the Kiwanis Club of Greater Merced to Operate and Maintain a Mini Train in Applegate Park and to the Merced Marching 100 Band in the Amount of $1,500 to Hold a Concert in the Park, Allocating the Remaining $188 to be Divided Equally Between the Applicants, and Recommending a Supplemental Appropriation of $1,092 to Disburse the Total Amount Available
REPORT IN BRIEF
Considers approving the disbursement of the Wahneta Hall Trust Fund to the Kiwanis Club of Greater Merced in the amount of $2,933 to be used to operate and maintain the train at Kiddieland in Applegate Park and the Merced Marching 100 in the amount of $1,500 to hold a concert in the park; and allocating the remaining $188 to be divided equally between the applicants, and recommending a supplemental appropriation of $1,092 to disburse the total amount available.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving an allocation of the 2020-21 Wahneta Hall Trust Funds of $2,933 to the Kiwanis Club of Greater Merced; and,
| approved | Pass |
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21-773
| 1 | I.5. | | Consent Item | SUBJECT: Approval of a Statement of Services in the Amount of $775,000 for the G Street Water Transmission Line and Roadway Rehabilitation, From Bear Creek Drive to Park Avenue, Emergency Project - 121053
REPORT IN BRIEF
Considers approval of a statement of services in the amount of $775,000 for the G Street Water Transmission Line and Roadway Rehabilitation, from Bear Creek Drive to Park Avenue, Emergency Project - 121053, which was declared an emergency due to a broken 12-inch water main.
RECOMMENDATION
City Council - Adopt a motion:
A. Deeming the G Street Water Transmission Line and Roadway Rehabilitation, from Bear Creek Drive to Park Avenue Project to be of urgent necessity for the preservation of life, health, or property based on the finding of facts; and,
B. Approving the emergency Statement of Services for Project 121053 with TBS Contractors, including subsequent change orders, in the total amount of $775,000.00; and,
C. Authorizing the City Manager to execute the necessary documents. | approved | Pass |
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21-761
| 1 | I.6. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Authorization to Purchase Crude Glycerin in the Open Market from a List of Approved Vendors in the not to Exceed Amount of $175,000
REPORT IN BRIEF
Considers approving a waiver of competitive bidding and authorizing the purchase of crude glycerin for the City’s Wastewater Treatment Facility from a list of approved vendors in the not to exceed amount of $175,000.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code Section 3.04.210; and,
B. Authorizing the purchase of supplies by negotiation in the open market as permitted by Merced Municipal Code Section 3.04.180; and,
C. Approving the purchase of crude glycerin from a list of approved vendors in the not to exceed amount of $175,000; and,
D. Authorizing the City Manager or Deputy City Manager to execute the necessary documents and the Purchasing Supervisor to issue Purchase Orders. | approved | Pass |
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21-685
| 1 | I.10. | | Consent Item | SUBJECT: Authorization to Accept $110,000 in Grant Funds from the California Office of Traffic Safety to Conduct DUI Checkpoints, DUI Saturation Patrols, Traffic Safety Enforcement, Distracted Driving Enforcement, Motorcycle Enforcement, Pedestrian/Bicycle Enforcement, Purchasing A New Motorcycle, Along With Training as Part of the 2021 California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant
REPORT IN BRIEF
Considers accepting grant funding from the California Office of Traffic Safety offered to the Merced Police Department in the amount of $110,000 from the Selective Traffic Enforcement Program (STEP) Grant to conduct DUI Checkpoints, DUI Saturation Patrols, Traffic Safety Enforcement, Distracted Driving Enforcement, Motorcycle Enforcement, Pedestrian/Bicycle Enforcement, purchasing a new motorcycle, along with training.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting the grant and increasing the revenue budget in account 035-1016-324.01-02 by $110,000; and,
B. Appropriating the same to Fund 035-Police Office of Traffic Safety Grant | approved | Pass |
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21-781
| 1 | I.12. | | Consent Item | SUBJECT: Approval of a Memorandum of Understanding with Merced Fire Fighters, Local 1479 (Fire) with a Term of July 1, 2021 Through June 30, 2024 and Approval of Supplemental Appropriation in Fund 087 American Rescue Plan Act in the Amount of $70,926
REPORT IN BRIEF
Consider approving a Memorandum of Understanding with Merced Fire Fighters, Local 1479 (Fire) with a term of July 1, 2021 through June 30, 2024 and Approval of Supplemental Appropriation in Fund 087 American Rescue Plan Act in the amount of $70,926.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2021-84, a Resolution of the City Council of the City of Merced, California, approving a Memorandum of Understanding with the International Fire Fighters Association Local #1479; and authorizing the City Manager or Deputy City Manager to make non-substantive modifications subject to City Attorney approval and to execute the necessary documents; and,
B. Approving a supplemental appropriation in the amount of $70,926 from Fund 087 American Rescue Plan Act for 1% premium pay and transferring to various | approved | Pass |
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21-780
| 1 | I.13. | | Consent Item | SUBJECT: Approval of a Memorandum of Understanding with the Merced Association of Police Sergeants (MAPS) with a Term of July 1, 2021 Through June 30, 2024 and Approval of Supplemental Appropriation in Fund 087 American Rescue Plan Act in the Amount of $41,463
REPORT IN BRIEF
Considers approval of Memorandum of Understanding with Merced Association of Police Sergeants (MAPS) with a term of July 1, 2021 through June 30, 2024 and approval of Supplemental Appropriation in Fund 087 American Rescue Plan Act in the amount of $41,463.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2021-85, a Resolution of the City Council of the City of Merced, California, approving Memorandum of Understanding with Merced Association of Police Sergeants (MAPS); and authorizing the City Manager or Deputy City Manager to make non-substantive modifications subject to City Attorney approval and to execute the necessary documents; and,
B. Approving a supplemental appropriation in the amount of $41,463 from Fund 087 American Rescue Plan Act for 3% premium pay and transferring to var | approved | Pass |
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21-783
| 1 | I.14. | | Consent Item | SUBJECT: Approval of a Memorandum of Understanding with Merced Association of City Employees (MACE) with a Term of January 1, 2021 Through December 31, 2023 and Approval of Supplemental Appropriations in Fund 087 American Rescue Plan Act in the Amount of $122,976, Fund 120 Downtown Maintenance District in the Amount of $539, Fund 553 Wastewater System in the Amount of $5,731, Fund 557 Water System in the Amount of $1,779, and Fund 671 Facilities in the Amount of $1,191
REPORT IN BRIEF
Consider approving Memorandum of Understanding with Merced Association of City Employees (MACE) with a term of January 1, 2021 through December 31, 2023 and approval of Supplemental Appropriations in Fund 087 American Rescue Plan Act in the amount of $122,976, Fund 120 Downtown Maintenance District in the amount of $539, Fund 553 Wastewater System in the amount of $5,731, Fund 557 Water System in the amount of $1,779, and Fund 671 Facilities in the amount of $1,191.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2021-86, a Resolution of the City Council of the City of Merced | approved | Pass |
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21-782
| 1 | I.15. | | Consent Item | SUBJECT: Approval of a Memorandum of Understanding with American Federation of State, County and Municipal Employees, District Council 57, Local 2703 (AFSCME) with a Term of July 1, 2021 Through December 31, 2023 and Approval of Supplemental Appropriations in Fund 087 American Rescue Plan Act in the Amount of $49,368, Fund 017 Development Services in the Amount of $1,645 and Fund 024 Parks and Community Services in the Amount of $964
REPORT IN BRIEF
Considers approving Memorandum of Understanding with American Federation of State, County and Municipal Employees, District Council 57, Local 2703 (AFSCME) with a term of July 1, 2021 through December 31, 2023 and approval of supplemental appropriations in Fund 087 American Rescue Plan Act in the amount of $49,368, Fund 017 Development Services in the amount of $1,645 and Fund 024 Parks and Community Services in the amount of $964.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2021-87, a Resolution of the City Council of the City of Merced, California, approving a Memorandum of Understanding with AFSCME (MCEA | approved | Pass |
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21-657
| 1 | J.1. | | Public Hearing Item | SUBJECT: Public Hearing to Consider Potential Introduction of an Ordinance for Zoning Ordinance Amendment #21-02, Initiated by the City of Merced, Amending Section 20.44.170 “Regulation of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required” of the Merced Municipal Code and Adoption of a Resolution Amending the Merit-Based Selection Criteria for Cannabis Dispensaries
REPORT IN BRIEF
On March 15, 2021, the City Council directed staff to make updates to the regulations regarding commercial cannabis businesses, including expanding the zones that allow cannabis businesses, expanding operating hours for dispensaries, and several changes regarding the merit-based selection criteria for dispensaries. This Ordinance and Resolution will implement those changes.
RECOMMENDATION
City Council- Adopt a motion:
A. Approving Environmental Review #21-21 (Categorical Exemption); and,
B. Introducing Ordinance 2532, an Ordinance of the City Council of the City of Merced, California, Amending Section 20.44.170, “Regulation of Commercial Cannabis Activities- Commercial C | approved | Pass |
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21-785
| 1 | J.2. | | Public Hearing Item | SUBJECT: Continued Public Hearing to Consider Vacation #21-03, to Vacate the Northern Portion of the Arbor Walkway Easement (Approximately 2,800 Square Feet) Which Would Revert Development Rights Back to the Adjacent Property Owner of 531 W. Main Street, Merced
REPORT IN BRIEF
Staff is recommending continuing this item to the November 1, 2021 City Council meeting, to allow time to review project details with the applicant.
RECOMMENDATION
City Council - Adopt a motion continuing the Public Hearing to the November 1, 2021 City Council meeting. | continued | Pass |
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21-786
| 1 | K.1. | | Report Item | SUBJECT: Approval of Salary Resolution and Updated Pay Scale for the City Manager and Finance Officer as Provided in the Current Employment Agreement and in Accordance with Unrepresented Management’s Approved Pay Plan and Approval of a Supplemental Appropriation in Fund 087 American Rescue Plan Act in the Amount of $4,449
REPORT IN BRIEF
The approval of a Salary Resolution and updated pay scales for the City Manager and Finance Officer are before the City Council to reflect the base wage and premium pay increases in accordance with the Unrepresented Management’s approved Pay Plan and Approval of a Supplemental Appropriation in Fund 087 American Rescue Plan Act in the amount of $4,449.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2021-88, a Resolution of the City Council of the City of Merced, California, adopting the salary range for the Finance Officer; and,
B. Adopting Resolution 2021-89, a Resolution of the City Council of the City of Merced, California, adopting the salary range for the City Manager; and,
C. Approving a supplemental appropriation | approved | Pass |
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21-689
| 1 | K.2. | | Report Item | SUBJECT: Review of Preliminary Annexation Application #21-02 for University Vista
REPORT IN BRIEF
The City Council will be asked to evaluate Preliminary Annexation Application #21-02 for University Vista, 290 acres of mixed-use development at the northwest corner of Bellevue and Lake Roads.
RECOMMENDATION
City Council - Adopt a motion indicating general support for an official annexation application being processed for the University Vista project. | approved | Pass |
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21-720
| 1 | K.3. | | Report Item | SUBJECT: Adoption of a Resolution Approving the U.S. Department of Housing and Urban Development (HUD) Consolidated Annual Performance and Evaluation Report (CAPER) for Program Year 2020-2021
REPORT IN BRIEF
Review and approve the Housing Division’s report of the HUD 2020 Annual Action Plan activities and status of Housing-related programs, as reported in the Draft 2020-2021 Program Year Consolidated Annual Performance and Evaluation Report (CAPER).
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2021-83, A Resolution of the City Council of the City of Merced, California, approving the 2020-2021 Program Year Consolidated Annual Performance and Evaluation Report; and,
B. Authorizing the City Manager or Deputy City Manager to execute and, if necessary, make minor modifications to, the above-reference items and all associated documents as attached to this report; and,
C. Authorizing the Finance Officer to make any necessary budget adjustments. | approved | Pass |
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21-758
| 1 | K.4. | | Report Item | SUBJECT: Provide Staff Direction on the Implementation and/or Accountability Elements Related to the Prior Pro-Housing Policy Discussion
REPORT IN BRIEF
Report pursuant to City Council direction regarding implementation and/or Accountability elements related to the prior pro-housing policy discussion.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting the report on the implementation and/or accountability elements related to the prior Pro-housing Policy discussion; or
B. Provide direction to staff on the implementation and/or accountability elements related to the prior Pro-Housing Policy discussion. | | |
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21-721
| 1 | L.1. | | Business Item | SUBJECT: Appointment of Two (2) Applicants to the Recreation and Parks Commission by District With one Applicant to District 2, and one Applicant to District 5 and Designation of one of the Current District 3 Commission Members to the At-Large Seat on the Commission
REPORT IN BRIEF
Considers accepting nominations and appointing two individuals by district to the Recreation and Parks Commission and designates one of the current District 3 Commission Members to the at-large seat.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting nominations and appointing one individual to the District 2 seat and one individual to the District 5 seat to serve on the Recreation and Parks Commission, and;
B. Designating one of the current District 3 commissioners as the At-large seat on the Recreation and Parks Commission. | approved | Pass |
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21-691
| 1 | L.2. | | Business Item | SUBJECT: Planning Commission Recommendation on City Boards and Commissions Attendance Policy Regarding Excused Absences
REPORT IN BRIEF
The City Council will be asked to consider a recommendation from the Planning Commission to amend the City appointed Commissions, Committee, and Board Member Attendance Policy by expanding the definition of an excused absence to include one vacation per each one-year period.
RECOMMENDATION
City Council - Adopt one of the following motions:
A. (Planning Commission Recommendation) - to modify the City Appointed Commissions, Committee, and Board Member Attendance Policy, as recommended by the Planning Commission, by expanding the definition of an excused absence to include one vacation per each one-year period; or,
B. To modify or not modify the City Appointed Commissions, Committee, and Board Member Attendance Policy as directed by the City Council (to be specified in the motion). | approved | Pass |
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21-724
| 1 | L.3. | | 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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21-725
| 1 | L.4. | | 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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