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Meeting Details
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Meeting date/time:
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9/6/2022
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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22-720
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure of Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9: (3) Cases | | |
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22-721
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9: (2) Cases | | |
Action details
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22-723
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Rail Safety Month
REPORT IN BRIEF
Received by Nancy Sheehan-McCulloch, State Coordinator of California Operation Lifesaver. | | |
Action details
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22-692
| 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 |
Action details
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22-610
| 1 | I.2. | | Consent Item | SUBJECT: Information-Only Contracts for the Month of July 2022 and August 2022
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $36,000 and of Public Works contracts under $82,718. | approved | Pass |
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22-616
| 1 | I.3. | | Consent Item | SUBJECT: Information Only - Site Plan Review Minutes of February 13, 2020, June 4, 2020, July 30, 2020, August 13, 2020, and September 17, 2020
RECOMMENDATION
For information only. | approved | Pass |
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22-637
| 1 | I.4. | | Consent Item | SUBJECT: Information Only - Bicycle and Pedestrian Advisory Minutes of February 25, 2020, June 23, 2020, August 28, 2020, and October 27, 2020
RECOMMENDATION
For information only. | approved | Pass |
Action details
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22-648
| 1 | I.5. | | Consent Item | SUBJECT: Information Only - Building and Housing Board of Appeal Minutes of June 9, 2020, July 28, 2020, September 3, 2020, October 1, 2020, and December 3, 2020
RECOMMENDATION
For information only. | approved | Pass |
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22-571
| 1 | I.7. | | Consent Item | SUBJECT: Adoption of a Resolution of Intent Regarding Annexation No. 21 into Community Facilities District (CFD) No. 2003-2 (Services), Approving a Deposit & Reimbursement Agreement for Annexation No. 21, and Setting a Public Hearing for September 19, 2022. Annexation No. 21 Consists of Approximately 5.94 Acres of Land Generally Located at the Southeast Corner of Yosemite Avenue and McKee Road
REPORT IN BRIEF
Requests the City Council to adopt a Resolution of Intent to annex 5.94 acres of land generally located at the southeast corner of Yosemite Avenue and McKee Road (CFD Annexation No. 21) into the City’s CFD for Services (CFD 2003-2), approve a Deposit and Reimbursement Agreement for the annexation, and set a public hearing and election for September 19, 2022.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2022-55, 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 (Services), declaring its intention to annex an area to said district and auth | approved | Pass |
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22-630
| 1 | I.9. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase Under State of California Cooperative Agreement 1-22-70-31C (PC Goods - Dell Laptops) and State of California Cooperative Agreement 1-19-70-19D-1 (Dell/EMC Products - Enterprise Technology) with PC Specialists Inc., dba Technology Integration Group (TIG) in a not to Exceed Amount of $80,000 in Fiscal Year 2022/2023
REPORT IN BRIEF
Considers waiving the competitive bid process to allow for the cooperative purchase under State of California Cooperative Agreement 1-22-70-31C (PC Goods - Dell Laptops) and State of California Cooperative Agreement 1-19-70-19D-1 (Dell/EMC Products - Enterprise Technology) with PC Specialists Inc., dba Technology Integration Group (TIG).in a not to Exceed Amount of $80,000 in Fiscal Year 2022/2023.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving to waive the competitive bidding requirements as permitted by Merced Municipal section 3.04.210 to utilize cooperative purchases with competitively bid contracts; and,
B. Authorizing the use of State of Ca | approved | Pass |
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22-657
| 1 | I.11. | | Consent Item | SUBJECT: Approval of the Second Amendment to the Agreement with Jackson Lewis, P.C., for Additional Compensation of $14,000 and the Total not to Exceed Contracted Amount of $134,000 for Special Legal Services Related to the City’s Self-Insured Retention for Employment Risk Management Authority (ERMA) Personnel Related Matters
REPORT IN BRIEF
Considers the approval of the Second Amendment to the Agreement between the City of Merced and Jackson Lewis, P.C., for specialized legal services related to ERMA covered personnel matters.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Second Amendment to the Agreement with Jackson Lewis, P.C. for an amount not to exceed $134,000 related to legal services for the City’s self-insured retention; and,
B. Authorizing the City Manager or designee to execute the necessary documents. | approved | Pass |
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22-604
| 1 | I.12. | | Consent Item | SUBJECT: Award of Bid and Approval of Contract to HerSchy Environmental, Inc., for Groundwater Sampling and Reporting Services in the Amount of $29,972
REPORT IN BRIEF
Considers awarding a contract in the amount of $29,972 to HerSchy Environmental, Inc., to perform groundwater well sampling and reporting services in support of the Airport Hazardous Waste Site investigation.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding a contract with HerSchy Environmental, Inc. for the three-year term, from September 6, 2022 to June 30, 2025, in the amount of $9,990 annually for each of the fiscal years, FY 2022/23, FY 2023/24, and FY 2024/25, to provide groundwater well sampling and reporting services; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
Action details
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22-690
| 1 | I.13. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Approve Purchase of UV Lamps and Related Equipment and Supplies for the Wastewater Treatment Plant (WWTP) From Trojan Technologies Group in the Amount not to Exceed $300,000 Through June 30, 2023
REPORT IN BRIEF
Considers waiving the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 and approving the purchase of various parts, equipment, supplies, and services for Public Works maintenance and operations.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code Section 3.04.210 for annual supplies and services agreements; and,
B. Approving the Agreement for Supplies and Services with Trojan Technologies Group in the amount not to exceed $300,000 in Fiscal Year 2022/2023; and,
C. Authorizing the City Manager or the Deputy City Manager, to execute the necessary documents or contracts, and to approve change orders up to the City Manager’s purchasing authority. | approved | Pass |
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22-634
| 1 | I.14. | | Consent Item | SUBJECT: Approval of Measure V Local Funding Agreement with Merced County Association of Governments (MCAG) to Receive Measure V Funds for Fiscal Years 2022/2023 through 2026/2027
REPORT IN BRIEF
Considers authorizing a Measure V Local Funding Agreement with Merced County Association of Governments to receive Measure V funds for five consecutive fiscal years.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Measure V Local Funding Agreement with Merced County Association of Governments; and,
B. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents. | approved | Pass |
Action details
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22-683
| 1 | I.16. | | Consent Item | SUBJECT: Administering Agency Amendment Modification Summary (E-76) for a Congestion Mitigation and Air Quality Improvement (CMAQ) Grant CML-5085(050) for Phase End Date Extension and the Use of $686,958 in CMAQ Grant Funding for Project No. 119069 - Construct Sidewalks Along R Street, S Street, T Street, and Stuart Drive
REPORT IN BRIEF
Considers approving an extension of the Project End Date (PED) from May 1, 2023, to July 1, 2024, and accepting $686,958 in Federal CMAQ Grant funding for Construction of the sidewalks on South R St, South S St, and South T St between Childs Ave and Stuart Dr, and Stuart Dr between West Ave and South R St.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving an extension of the PED from May 1, 2023, to July 1, 2024; and,
B. Accepting CMAQ grant funds and increasing revenue in account 450-1104-321.32-00 by $686,958 and appropriating the same to account 450-1104-637-65-00 (Project No. 119069) for costs associated with construction of sidewalks on South R St, South S St, and South T St between Childs Ave and Stuart Dr; and Stuart Dr betwe | approved | Pass |
Action details
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22-660
| 1 | I.17. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements to Allow for the Cooperative Purchase Under the Houston-Galveston Area Council Interlocal Contract; Approval to Purchase a Pierce Enforcer Fire Engine for $891,251.97, and Approval of a Supplemental Appropriation in Fund 674-Fleet Replacement in the Amount of $105,378
REPORT IN BRIEF
Considers waiving the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 for the purchase of one Pierce Enforcer Fire Engine for $891,251.97 from Pierce Manufacturing, Inc., using the Houston-Galveston Area Council Government Cooperative Purchasing Program and approving a supplemental appropriation in Fund 674-Fleet Replacement in the amount of $105,378.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code Section 3.04.210 for standardization of equipment; and,
B. Authorize the use of the Houston-Galveston Area Council Government Cooperative Purchasing Interlocal Contract; and,
C. Approving a supplemental ap | approved | Pass |
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22-688
| 1 | I.18. | | Consent Item | SUBJECT: Approval to Accept and Appropriate Grant Funds from the Department of Homeland Security Federal Emergency Agency (FEMA) Fiscal Year 2021 Assistance to Firefighters Grant (AFG) Program in the Amount of $617,637 and Approving a Supplemental Appropriation from the Unencumbered, Unreserved General Fund Balance in the Amount of $61,764 for the Match Requirement, for a Total Project Cost of $679,401 for Aircraft Rescue and Fire Fighting Training Backfill and Travel Costs; Paramedic Internships, Paramedic Backfill and Paramedic Supplies; 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 2021 Assistance to Firefighters Grant (AFG) Program in the amount of $617,637, a supplemental appropriation from the unencumbered, unreserved General Fund balance in the amount of $61,764 for the matching funds, for a total project cost of $679,401 for Aircraft Rescue and Fire Fighting (ARFF) Training backfi | approved | Pass |
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22-695
| 1 | I.19. | | Consent Item | SUBJECT: Second Reading and Final Adoption of Ordinance Amending Sections 10.16.010 “Speed Limits,” 10.28.230 “No Parking Zones,” 10.28.235 “Motorcycle Parking,” 10.28.275, “Disabled Persons - On-Street Parking,” 10.28.350 “Ten-Minute Parking Zones,” and 10.32.056 “Passenger Loading Zones - Permanent” of the Merced Municipal Code
REPORT IN BRIEF
Second reading and final adoption of a previously introduced Ordinance to amend sections 10.16.010, 10.28.230, 10.28.235, 10.28.275, 10.28.350, and 10.32.056 of the Merced Municipal Code.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2542, an Ordinance of the City Council of the City of Merced, California, amending sections 10.16.010 “Speed Limits,” 10.28.230 “No Parking Zones,” 10.28.235 “Motorcycle Parking,” 10.28.275 “Disabled Persons - On-Street Parking,” 10.28.350 “Ten-Minute Parking Zones,” and 10.32.056 “Passenger Loading Zones - Permanent” of the Merced Municipal Code. | approved | Pass |
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22-696
| 1 | I.20. | | Consent Item | SUBJECT: Second Reading and Final Adoption of Ordinance Amending Merced Municipal Code Sections 20.08 (“Residential Zoning Districts”, 20.10 ("Commercial Zoning Districts"), 20.20.020 (“Planned Development Zoning Districts”), 20.32 (“Interface Regulations”), 20.38 (“Parking and Loading”), 20.46 (“Residential Design Standards”), 20.68.050 (“Permit Requirements-Site Plan Review Permit”), and 20.90 (“Glossary”)
REPORT IN BRIEF
Second reading and final adoption of a previously introduced ordinance to amend various sections of the Merced Municipal Code regarding zoning.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2543, an Ordinance of the City Council of the City of Merced, California, amending section 20.08, “Residential Zoning Districts,” 20.10, "Commercial Zoning Districts,” Section 20.20.020 “Planned Development Zoning Districts,” Section 20.32, “Interface Regulations,” Section 20.38, “Parking and Loading,” Section 20.46, “Residential Design Standards,” Section 20.68.050, “Permit Requirements-Site Plan Review Permit,” and 20.90, “Glossary” of the Merced M | approved | Pass |
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22-697
| 1 | I.6. | | Consent Item | SUBJECT: Request by the Merced County NAACP for the Co-Sponsored Rental Rate for the Merced Senior Community Center on October 1, 2022 for its Annual Freedom Fund Banquet and Requesting the Event be Permanently Co-Sponsored
REPORT IN BRIEF
Considers approving a request for the co-sponsored rate for the rental of the Merced Senior Community Center by the Merced County NAACP to hold its annual Freedom Fund Banquet on October 1, 2022, and requesting the event be permanently co-sponsored.
RECOMMENDATION
City Council - Adopt a motion approving the request to rent the Merced Senior Community Center to the Merced County NAACP on October 1, 2022, for the annual Freedom Fund Banquet at the co-sponsored rental rate and adopt as a permanent annual co-sponsored event. | approved | Pass |
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Video
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22-622
| 1 | I.8. | | Consent Item | SUBJECT: Adoption of a Resolution Accepting $48,597 in Grant Funds from the California Department of Alcoholic Beverage Control for the Police Department to Conduct Enforcement Operations with the Goal of Reducing Underage Drinking and Other Alcohol Crimes Related to Underage Drinking
REPORT IN BRIEF
Considers accepting grant funds from the California Department of Alcoholic Beverage Control offered to the Merced Police Department in the amount of $48,597 for the Merced Police Department to conduct enforcement operations.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2022-53, a Resolution of the City Council of the City of Merced, California, accepting a grant award from the California Department of Alcoholic Beverage Control Grant Assistance Program; and,
B. Authorizing the use of pooled cash until reimbursement from the grant is received; and,
C. Authorizing the City Manager or Deputy City Manager to execute the necessary documents; and,
D. Approving the Finance Officer to make the necessary budget adjustments. | approved | Pass |
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Video
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22-663
| 1 | I.10. | | Consent Item | SUBJECT: Approval of the 2023 Cafeteria Plan Renewal Regarding Employees’ and Retirees’ Health and Welfare Benefits Including Medical, Dental, Vision, Disability, Life and Flexible Spending
REPORT IN BRIEF
Considers approving the renewal of the 2023 Cafeteria Plan regarding employees’ and retirees’ health and welfare benefits.
RECOMMENDATION
City Council - Adopt a motion approving the employees’ health and welfare benefits cafeteria plan renewal for calendar year 2023 and authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
Action details
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Video
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22-669
| 1 | I.15. | | Consent Item | SUBJECT: Reject All Bids Received for Project No. 122013 Regional Park Restrooms and Project No. 122026 Transient Pilot Restroom
REPORT IN BRIEF
Considers rejecting all bids received to remove and replace restrooms at Fahrens Park, McNamara Park, and Applegate Park, upgrade restrooms at Rahilly Park, install restrooms at the Merced-Yosemite Regional Airport and directing staff to re-bid the projects.
RECOMMENDATION
City Council - Adopt a motion:
A. Rejecting all bids received, Project No. 122013 Regional Park Restrooms and Project No. 122026 Transient Pilot Restroom; and,
B. Directing staff to advertise the project for rebidding. | approved | Pass |
Action details
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Video
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22-535
| 1 | J.1. | | Report Item | SUBJECT: Report on Establishment of a First Responder Fee for Merced Fire Department, Accept First Responder Fee Feasibility Study, and Provide Direction on Billing Policy and Compassion Waiver Policy
REPORT IN BRIEF
Merced Fire Department report on the establishment of a First Responder Fee (FRF) published by AP Triton, an EMS consultant. Council decision to accept the FRF Feasibility Study. Council to provide direction on a new billing policy and Compassion Waiver policy.
RECOMMENDATION
City Council - Adopt a Motion:
A. Approving First Responder Fee Feasibility Study written by AP Triton, a consultant; and,
B. Indicating general support for Merced Fire Department initiating a First Responder Fee and to return with a proposed resolution for the MFD First Responder Fee; and,
C. Providing direction to establish a policy to withhold billing all Medi-Cal and Medicare recipients and Private Party Merced City residents; and,
D. Providing direction to establish a Compassion Waiver policy. | approved | Pass |
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Video
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22-714
| 1 | J.2. | | Report Item | SUBJECT: Report on City Council Investments by District from Fiscal Year 2018/19 Through Fiscal Year 2021/22
REPORT IN BRIEF
At the request of Council Member Boyle, staff have compiled a list of City Council investments by district from FY 2018/19 through FY 2021/22, including Capital Improvement Projects, Maintenance, Resources and Programs.
RECOMMENDATION
For Information-Only. | | |
Action details
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Video
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22-712
| 1 | K.1. | | Business Item | SUBJECT: Annual Appointments to the Arts and Culture Advisory Commission (Districts 3 & 6) (2 Ex-Officio)
REPORT IN BRIEF
Accept nominations to fill the Arts and Culture Advisory Commission.
RECOMMENDATION
City Council - Adopt a motion accepting nominations and appointing individuals to serve as members of the Arts and Culture Advisory Commission (Districts 3 & 6) (2 Ex-Officio). | approved | Pass |
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Video
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22-718
| 1 | K.2. | | Business Item | SUBJECT: Annual Appointments to the Bicycle and Pedestrian Advisory Commission (Districts 2 and 6)
REPORT IN BRIEF
Accept nominations to fill vacancies on the Bicycle and Pedestrian Advisory Commission.
RECOMMENDATION
City Council - Adopt a motion accepting nominations and appointing individuals to serve as members of the Bicycle and Pedestrian Advisory Commission (Districts 2 and 6). | approved | Pass |
Action details
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22-728
| 1 | K.3. | | Business Item | SUBJECT: Annual Appointments to the Planning Commission (District 2)
REPORT IN BRIEF
Accept nominations to fill the District 2 seat on the Planning Commission.
RECOMMENDATION
City Council - Adopt a motion accepting nominations and appointing an individual to serve as a member of the Planning Commission (District 2). | approved | Pass |
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22-731
| 1 | K.4. | | Business Item | SUBJECT: Annual Appointments to the Recreation and Parks Commission (Districts 1 and 6)
REPORT IN BRIEF
Accept nominations to fill vacancies on the Recreation and Parks Commission.
RECOMMENDATION
City Council - Adopt a motion accepting nominations and appointing individuals to serve as members of the Recreation and Parks Commission (Districts 1 and 6). | approved | Pass |
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Video
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22-693
| 1 | K.5. | | 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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22-694
| 1 | K.6. | | 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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