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21-180
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to Government Code section 54956.9(d)(2): (2) cases | | |
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21-184
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION; Jesse Padgett v. City of Merced; Workers Compensation Appeals Board Case No. FRE-ADJ 13146251; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
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21-199
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION; Kenneth Coe v. City of Merced; Workers Compensation Appeals Board Case No. STK-ADJ 11228931; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
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21-198
| 1 | B.4. | | Closed Session Item | SUBJECT: LIABILITY CLAIMS; Claimant: Marilee 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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21-138
| 1 | H.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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21-196
| 1 | H.2. | | Consent Item | SUBJECT: Information-Only Contracts for the Month of February 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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21-150
| 1 | H.3. | | Consent Item | SUBJECT: Information Only - Planning Commission Minutes of January 20, 2021
RECOMMENDATION
For information only. | approved | Pass |
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21-172
| 1 | H.4. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of December 7 and 21, 2020, and January 4, 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 December 7 and 21, 2020 and January 4, 2021. | approved | Pass |
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21-179
| 1 | H.5. | | Consent Item | SUBJECT: Adoption of Resolution Modifying a Proposition 68 Statewide Park Program Grant Round 4 - Grant Application for General Vang Pao Park, Previously Called Fahren’s Creek Park Site Project
REPORT IN BRIEF
The proposed Resolution modifies the name on a Proposition 68 Statewide Park Program Grant Application from Fahren’s Creek Park Site to General Vang Pao Park.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2021-13, a Resolution of the City Council of the City of Merced, California, approving the application for Statewide Park Development and Community Revitalization Program Grant Funds; and,
B. Authorizing the City Manager to execute the necessary documents. | approved | Pass |
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21-111
| 1 | H.6. | | Consent Item | SUBJECT: Adoption of Resolution Rejecting the Request for Leave to File a Late Claim and Rejecting the Claim of Marilee Shaw Filed by Her Attorney Paul Krueger
REPORT IN BRIEF
Considers adopting a resolution to reject the late claim filed by Paul M. Krueger, Esq. on behalf of his client Marilee Shaw (“Claimant”), for bodily injuries allegedly caused by a sidewalk slab that was raised by tree roots. The claimant tripped over the raised sidewalk walking to mailboxes. The claim was filed late, therefore when the claim was filed Paul M. Krueger, Esq., requested the City’s permission to file a late claim.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2021-16, a Resolution of the City of the City Council of Merced, California, rejecting the request for leave to file a late claim and rejecting the claim of Marilee Shaw filed by her attorney Paul Krueger; and,
B. Authorizing the City Manager or designee to sign the necessary documents. | approved | Pass |
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20-804
| 1 | H.7. | | Consent Item | SUBJECT: Approval of a Professional Services Agreement for a Term of Five (5) Years with Eide Bailly LLP for Professional Auditing and Related Services in the not to Exceed Amount of $204,850.00
REPORT IN BRIEF
Approve an Agreement for annual audit and related professional services with Eide Bailly LLP
RECOMMENDATION
City Council - Adopt a motion approving the Professional Services Agreement with Eide Bailly LLC. and authorizing the City Manager to execute all necessary documents. | approved | Pass |
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21-139
| 1 | H.8. | | Consent Item | SUBJECT: Approval of an Agreement for Professional Services with Bartkiewicz, Kronick & Shanahan to Provide Specialized Legal Services on an as Needed Basis Related to Water Projects on Behalf of the City of Merced
REPORT IN BRIEF
Recommends approving an Agreement for Professional Services with Bartkiewicz, Kronick & Shanahan to provide specialized legal services on an as needed basis related to water projects on behalf of the City of Merced.
RECOMMENDATION
City Council - Adopt a motion approving the specialized legal services agreement with Bartkiewicz, Kronick & Shanahan and authorizing the City Manager or designee to execute the agreement. | approved | Pass |
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21-171
| 1 | H.9. | | Consent Item | SUBJECT: Adoption of Resolution Setting a Public Hearing for March 15, 2021 to Consider the Work and Expense Report and Any Protest or Objections Thereto for the Abatement Work Done for 1050 Rambler Road (Abatement of Public Nuisance and Demolition of Building)
REPORT IN BRIEF
Considers setting a public hearing to hear the work and expense report for the abatement work done for 1050 Rambler Road.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2021-15, a Resolution of the City Council of the City of Merced, California, receiving the cost of assessment and report on 1050 Rambler Road (APN 007-022-002-000), Merced, California, and setting a Public Hearing thereon for March 15, 2021. | approved | Pass |
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21-156
| 1 | H.10. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements to Sole Source the Purchase of Compressed Natural Gas (CNG) Fuel and Approval of a CNG Fueling Agreement with Pacific Gas and Electric Company (PG&E)
REPORT IN BRIEF
Considers waiving the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 and approving an agreement with PG&E to provide CNG fueling services for City vehicles.
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. Approving a Compressed Natural Gas (CNG) Fueling Agreement with Pacific Gas and Electric Company (PG&E) to provide CNG fueling services for City vehicles; and
C. Authorizing the City Manager or designee, to execute the necessary documents. | approved | Pass |
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21-130
| 1 | H.11. | | Consent Item | SUBJECT: Approval of the Updated 2021-22 Regional, State and Federal Legislative Platform
REPORT IN BRIEF
Consider approving the updated 2021-22 Regional, State, and Federal Legislative Platform.
RECOMMENDATION
City Council - Adopt a motion adopting the updated 2021-22 Regional, State and Federal Legislative Platform. | approved | Pass |
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21-135
| 1 | H.13. | | Consent Item | SUBJECT: Acceptance and Appropriation of Grant Funding From the State of California Strategic Growth Council (SGC) and the Department of Housing and Community Development (HCD) Under the Affordable Housing Sustainable Communities (AHSC) Program in Support of Childs Avenue and B St. Affordable Housing Project in the Amount of $2,862,300
REPORT IN BRIEF
Acceptance and Appropriation of grant funding from the State of California Strategic Growth Council (SGC) and the Department of Housing and Community Development (HCD) under the Affordable Housing Sustainable Communities (AHSC) program in support of Childs Avenue and B St. affordable housing project in the amount of $2,862,300.
RECOMMENDATION
City Council - Adopt a Motion:
A. Accepting grant funds from the State of California Strategic Growth Council (SGC) and the department of Housing and Community Development (HCD) under the Affordable Housing Sustainable Communities (AHSC) program; and,
B. Increasing revenue in the amount of $2,862,300 and appropriating the same in Fund 079 - Affordable Housing Sustainable Communities; and,
| approved | Pass |
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21-200
| 1 | H.14. | | Consent Item | SUBJECT: Approval of First Amendment to Agreement for Consultant Services with Chandler Asset Management to Provide Investment Portfolio Management Services for an additional two years not to exceed $175,000 per year
REPORT IN BRIEF
Consider approval of the first amendment to agreement with Chandler Asset Management to provide investment portfolio management services for an additional two years.
RECOMMENDATION
City Council - Adopt a motion approving the First Amendment to Agreement with Chandler Asset Management for Investment Advisory Services; and authorizing the City Manager to execute all necessary documents. | approved | Pass |
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21-105
| 1 | H.12. | | Consent Item | SUBJECT: Adoption of a Resolution Expressing Solidarity with Farmers Protesting the Passage of Farming Bills in India and Support of Affected Members of Merced’s South Asian Community
REPORT IN BRIEF
Adopt a Resolution Expressing solidarity with farmers protesting the passage of farming bills in India and support of affected members of Merced’s South Asian Community.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2021-14, a Resolution of the City Council of the City of Merced, California, expressing solidarity with farmers protesting the passage of farming bills in India and in support of affected members of Merced’s South Asian community. | approved | Pass |
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21-161
| 1 | I.1. | | Public Hearing Item | SUBJECT: Continued Public Hearing - Consideration of an Amended Resolution Approving Environmental Review #20-20 (CEQA Section 15162 Findings) and Approving Modifications to Conditional Use Permit #1200 to Allow a Part-Width Street for Merrill Place, East of G Street, Submitted by Rick Telegan, on Behalf of BP Investors, LLC.
REPORT IN BRIEF
This is a request to modify certain Findings and Conditions of City Council Resolution No. 2015-33 approving Conditional Use Permit (CUP) #1200. The requested modifications would allow a portion of Merrill Place, east of G Street, to be constructed as a part-width street until the necessary right-of-way is dedicated to allow the full roadway width to be constructed. This item was continued from the February 16, 2021, City Council meeting.
RECOMMENDATION
City Council - adopt a motion remanding the matter back to the Planning Commission to allow the Planning Commission to consider information not previously provided in accordance with Merced Municipal Code Section 20.70.060 B.1. | approved | Pass |
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21-103
| 1 | I.2. | | Public Hearing Item | SUBJECT: Public Hearing - Vacation #21-01 - Initiated by Valley Children’s Hospital to Abandon a 32-Foot-Wide Portion of Roadway, Generally Located Approximately 330 Feet North of Yosemite Avenue, Between Mansionette Drive and Sandpiper Avenue (Extended)
REPORT IN BRIEF
Considers approving a Resolution to order the vacation of a 32-foot-wide portion of roadway, containing approximately 19,627.87 square feet of land, generally located approximately 330 feet north of Yosemite Avenue, between Mansionette Drive and Sandpiper Avenue (extended).
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2021-12, a Resolution of the City Council of the City of Merced, California ordering the vacation of 32-foot-wide strip of right-of-way, containing approximately 19,627.87 square feet, generally located approximately 330 feet north of Yosemite Avenue, between Mansionette Drive and Sandpiper Avenue (extended) (Vacation #21-01.) | approved | Pass |
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21-128
| 1 | I.3. | | Public Hearing Item | SUBJECT: Public Hearing - Adoption of a Categorical Exemption and Introduction of an Ordinance to Amend Merced Municipal Code Section 20.10 Regarding Commercial Zoning Districts (Zoning Ordinance Amendment #20-01) by Expanding the List of Permitted Uses and Reducing the Amount of Floor Area Devoted to the Sale of Groceries in the Shopping Center Commercial (C-SC) Zone; Adding Breweries, Wineries, and Distilleries to the List of Permitted Uses in Various Commercial Zones; Allowing Food Trucks in the City Center Area of the Regional/Central Commercial Zone (C-C); and Changing the Level of Review Required for Personal Services in Various Commercial Zones
REPORT IN BRIEF
Considers the introduction of an Ordinance to amend the Zoning Ordinance regarding Commercial Zoning Districts by expanding the list of permitted uses and reducing the amount of floor area devoted to the sale of groceries in the Shopping Center Commercial (C-SC) zone; adding Breweries, Wineries, and Distilleries to the list of permitted uses in various Commercial zones; allowing food trucks in the City Center area of t | approved | Pass |
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21-129
| 1 | I.4. | | Public Hearing Item | SUBJECT: Public Hearing - Adoption of a Categorical Exemption and Introduction of an Ordinance Amending Merced Municipal Code Section 20.42 Regarding Accessory Dwelling Units (ADU’s) to Meet the Modified Requirements of State Law in Regards to Minimum Lot Sizes, Owner-Occupancy Requirements, Maximum Size of an ADU, Application Review Times, Parking Requirements, the Charging of Impact Fees, the Sale of ADU’s, “Junior ADU’s,” and Other Requirements of State Law
REPORT IN BRIEF
Considers the introduction of an ordinance that would modify the City’s zoning requirements for “accessory dwelling units” (ADU’s) to meet the modified requirements of State Law in regards to minimum lot sizes, owner-occupancy requirements, maximum size of an ADU, application review times, parking requirements, the charging of impact fees, the sale of ADU’s, “junior ADU’s,” and other requirements of State Law.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting a Categorical Exemption regarding Environmental Review #20-34; and,
B. Introducing Ordinance No. 2521, An Ordinance of the City Council of | approved | Pass |
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21-191
| 1 | J.1. | | Report Item | SUBJECT: Report to the City Council on the Proposed Application for Staffing for Adequate Fire and Emergency Response (SAFER) and Provide Staff Direction on Elements for the Proposed Sustainability Plan
REPORT IN BRIEF
A report back to the City Council on the proposed application for Staffing for Adequate Fire and Emergency Response (SAFER) and provide direction on elements for the proposed Sustainability Plan.
RECOMMENDATION
City Council - Adopt a motion providing direction to staff the proposed Application for Staffing for Adequate Fire and Emergency Response (SAFER) and provide staff direction on elements for the proposed Sustainability Plan. | approved | Pass |
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21-099
| 1 | J.2. | | Report Item | SUBJECT: Overview of City Public Facilities Impact Fees, Status Report on the Update of the Fees, and City Council Direction on the Update Implementation
REPORT IN BRIEF
The City Council will receive an overview of the City’s Public Facilities Impact Fees and a status report on the update of the fees and provide direction to staff on how to implement the updated fee structure.
RECOMMENDATION
The City Council will be asked to provide direction to City staff on the Public Facilities Impact Fee update. | | |
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20-481
| 1 | K.1. | | Business Item | SUBJECT: Appointments to the Bicycle and Pedestrian Advisory Commission for One (1) Voting Member Vacancy for District 4 and up to Two (2) Ex-Officio Members
REPORT IN BRIEF
Accepts nominations to fill one Commissioner vacancy in District 4 and up to two Ex-Officio vacancies on the Bicycle and Pedestrian Advisory Commission.
RECOMMENDATION
City Council - Adopt a motion accepting nominations and appointing one individual to serve as Commissioner for District 4 and up to three individuals to serve as an Ex-Officio members of the Bicycle and Pedestrian Advisory Commission. | approved | Pass |
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21-197
| 1 | K.2. | | Business Item | SUBJECT: Discussion and Direction to Name the Business Grant Program Established in Recognition of Black History Month
REPORT IN BRIEF
Discussion and Direction to name the Business Grant program established in recognition of Black History Month as requested by Council Member Ornelas.
RECOMMENDATION
Provide direction to staff for an alternative name for the approved Business Grant program to allow for implementation in February 2021 | approved | Pass |
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21-140
| 1 | K.3. | | Business Item | SUBJECT: Discussion on the Format of Future City Council Meetings During COVID-19
REPORT IN BRIEF
Discuss the format of City Council Meetings.
RECOMMENDATION
Provide staff direction on the format of future City Council Meetings. | | |
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21-141
| 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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21-142
| 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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