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Meeting date/time:
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8/5/2024
6:00 PM
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Minutes status:
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Draft
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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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24-733
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representatives: City Manager Scott McBride, Deputy City Manager Frank Quintero, Finance Officer Venus Rodriguez, Human Resources Manager Suzanne Fierro, LCW Legal Representative Che Johnson, and LCW Legal Representative Michael Jarvis; Unrepresented Management AUTHORITY: Government Code Section 54957.6 | | |
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24-734
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representatives: City Manager Scott McBride, Deputy City Manager Frank Quintero, Finance Officer Venus Rodriguez, Human Resources Manager Suzanne Fierro, LCW Legal Representative Che Johnson, and LCW Legal Representative Michael Jarvis; Employee Organizations: Merced Police Officers’ Association (MPOA) and Merced Association of Police Sergeants (MAPS). AUTHORITY: Government Code Section 54957.6 | | |
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24-774
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant Exposure to Litigation: Four (4) Cases: Pursuant to California Government Code Section 54956.9 | | |
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24-775
| 1 | B.4. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION City of Merced v. California Department of Fish and Wildlife, et al. MSC Case No. 23CV-03845 Pursuant to California Government Code Section 54956.9(d)(1) | | |
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24-764
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Recognition to the City of Merced and Precision Civil Engineering for the City of Merced’s Pre-Approved Duplex and Triplex Program
REPORT IN BRIEF
Presented by the Central Section of the California Chapter of the American Planning Association and accepted by the City of Merced and Precision Civil Engineering. | | |
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24-776
| 1 | G.1. | | Special Presentation Item | SUBJECT: Presentation from PG&E on Affordability and Rates
REPORT IN BRIEF
Presented by Nathan Alonzo, Local Government Affairs Pacific Gas & Electric Company. | | |
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24-739
| 1 | J.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. | | |
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24-762
| 1 | J.2. | | Consent Item | SUBJECT: Information Only Contracts for the Month of July 2024
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $37,000 and of Public Works contracts under $84,338. | | |
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24-717
| 1 | J.3. | | Consent Item | SUBJECT: Information Only - Traffic Committee Minutes of May 14, 2024
RECOMMENDATION
For information only. | | |
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24-679
| 1 | J.4. | | Consent Item | SUBJECT: Approval of Fourth Amendment for Elevator Maintenance Services with TK Elevator Corporation in the Amount of $25,621.92 for the July 1, 2024 to June 30, 2025 Contract Term, for a Total Contract Amount of $101,965.92
REPORT IN BRIEF
Considers approving a fourth amendment for elevator maintenance services with TK Elevator Corporation in the amount of $25,621.92 for the 24/25 Fiscal Year.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Fourth Amendment with TK Elevator Corporation for Elevator Maintenance Services for an annual not-to-exceed amount of $25,621.92; and,
B. Authorizing the Finance Officer to make the necessary budget adjustments; and,
C. Authorizing the City Manager or designee to execute the necessary documents. | | |
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24-685
| 1 | J.5. | | Consent Item | SUBJECT: Authorize City Manager to Execute a Professional Services Agreement with Merced Area Sports Officials, Inc., for Officiating and Scorekeeping Services for Fiscal Year 2024-25 Recreation Leagues in the Amount not to Exceed $44,842
REPORT IN BRIEF
Considers authorizing the City Manager to execute an annual Professional Service Agreement with Merced Area Sports Officials not to exceed $44,842 for officiating and scorekeeping services for adult and youth sports programs, including youth basketball and flag football, adult fall and summer softball, and adult basketball.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as permitted by the Merced Municipal Code Section 3.04.210 for annual sole source services; and,
B. Approving a Professional Services agreement with Merced Area Sports Officials not to exceed $44,842; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments; and,
D. Authorizing the City Manager to execute the necessary documents. | | |
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24-757
| 1 | J.6. | | Consent Item | SUBJECT: Approval of Six-Month Lease Extension Between the City of Merced and USPS (United States Postal Service) at the Bell Station (415 W. 18th Street)
REPORT IN BRIEF
Considers approving a six-month lease extension with USPS for office space at Bell Station, with a monthly rental rate of $5,563.25.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Lease Extension Agreement with the United States Postal Service for office space at the Bell Station with a monthly rate of $5,563.25; and,
B. Authorizing the City Manager to execute all necessary documents; and,
C. Authorizing Finance Officer to make the necessary budget adjustments. | | |
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24-686
| 1 | J.7. | | Consent Item | SUBJECT: Approval of a Professional Services Agreement with Goodwin Consulting Group for Special Tax Services Related to Annexations to the Community Facilities District (CFD) in an Amount not to Exceed $100,000
REPORT IN BRIEF
Considers approving a Professional Services Agreement with Goodwin Consulting Group for special tax services related to annexations to the Community Facilities Districts (CFD) in an amount not to exceed $100,000 for a contract period ending June 30, 2026.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Professional Services Agreement with Goodwin Consulting Group, Inc. to prepare the Rate and Method of Apportionment for Community Facilities Annexations in an amount not to exceed $100,000; and,
B. Authorizing the City Manager to execute the necessary documents; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments. | | |
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24-742
| 1 | J.8. | | Consent Item | SUBJECT: Approval of a Memorandum of Understanding with the Merced Police Officer Association (MPOA) with a Term of August 5, 2024, Through June 30, 2027
REPORT IN BRIEF
Considers approving a Memorandum of Understanding with Merced Police Officers Association (MPOA) with a term of August 5, 2024, through June 30, 2027.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2024-80, a Resolution of the City Council of the City of Merced, California, approving Memorandum of Understanding with the Merced Police Officers Association (MPOA); and,
B. Authorizing the City Manager to make non-substantive modifications subject to City Attorney approval and to execute the necessary documents; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments and move positions into different funding sources if determined necessary. | | |
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24-565
| 1 | J.9. | | Consent Item | SUBJECT: Adoption of a Resolution Accepting $63,654 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 approving to accept grant funds from the California Department of Alcoholic Beverage Control offered to the Merced Police Department in the amount of $63,654 for the Merced Police Department to conduct enforcement operations.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2024-81, a Resolution of the City Council of the City of Merced, California, accepting a grant award from the California Department of Alcoholic Beverage Control Alcohol Policing Program and,
B. Authorizing the use of pooled cash until reimbursement from the grant is received; and,
C. Authorizing the City Manager to execute the necessary documents; and,
D. Approving the Finance Officer to make the necessary budget adjustments. | | |
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24-718
| 1 | J.10. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirement and Approval to Authorize the City Manager to Execute a 1-Year User Agreement with Cellebrite, Inc. for Cellebrite Guardian Premium Annual Subscription Service and a Cellebrite Dongle Kit with Annual Subscription Service in an Amount not to Exceed $44,923.75
REPORT IN BRIEF
Considers approving an agreement with Celebrite, Inc. to allow staff to extract forensic evidence from cellular telephones with the latest technology. This request can be accomplished by waiving the competitive bidding requirement pursuant to Merced Municipal Code section 3.04.210 for purchases necessary for standardization of equipment. This agreement for Cellebrite Guardian premium annual subscription service and a Cellebrite Dongle kit with annual subscription service does not exceed the total sum of $44,923.75.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving to waive the competitive bidding requirements as stated in Section 3.04.210 of the Merced Municipal Code for standardization of equipment; and,
B. Approving the purchase o | | |
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24-749
| 1 | J.11. | | Consent Item | SUBJECT: Approval of a Third Amendment to Agreement for Legal Services with Best, Best & Krieger, LLP, in an Amount not to Exceed $50,000
REPORT IN BRIEF
Considers approving a Third Amendment to an Agreement for Legal Services with Best, Best & Krieger, LLP in an amount not to exceed $50,000.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Third Amendment to an Agreement for Legal Services with Best, Best & Krieger, LLP in an amount not to exceed $50,000; and,
B. Authorizing the City Manager to execute the necessary documents; and,
C. Authorizing the Finance Officer to make necessary budget adjustments. | | |
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24-747
| 1 | J.12. | | Consent Item | SUBJECT: Approval to Reject all Bids Received for Project No. CP170054 Cherokee Avenue Culvert Replacement
REPORT IN BRIEF
Considers rejecting all bids received to repair the culvert crossing under Cherokee Avenue at Black Rascal Creek and construction of a raised crosswalk across Cherokee Avenue for the multiuse path along Black Rascal Creek.
RECOMMENDATION
City Council - Adopt a motion:
A. Rejecting all bids received for Project No. CP170054 Cherokee Avenue Culvert Replacement due to inadequate funding and;
B. Directing staff to re-evaluate project design and re-bid the project. | | |
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24-761
| 1 | J.13. | | Consent Item | SUBJECT: Administering Agency Amendment Modification Summary (E-76) for a Congestion Mitigation and Air Quality Improvement (CMAQ) Grant CML-5085(060) for Use of $404,479 in CMAQ Grant Funding for Project No. CP220064 - Parkwest and McGregor Sidewalk Improvements
REPORT IN BRIEF
Considers accepting $404,479 in Federal CMAQ Grant funding for construction of sidewalks and ADA ramps on McGregor Street, Windsor Avenue, Home Avenue, Woodward Avenue, and Parkwest Avenue.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting CMAQ grant funds and increasing revenue in Fund 5005-Street and Signal CIP in the amount of $404,479 and appropriating the same to Project No. CP220064-CMAQ Parkwest and McGregor sidewalk improvements located on McGregor Street, Windsor Avenue, Home Avenue, Woodward Avenue, and Parkwest Avenue; and,
B. Approving the use of pooled cash until reimbursement is received from the grant; and,
C. Authorizing the City Manager to execute the necessary documents; and,
D. Authorizing the Finance Officer to make any necessary budget adjustments. | | |
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24-620
| 1 | J.14. | | Consent Item | SUBJECT: Selection of Eligible Roadway and Safety Projects and Adoption of a Resolution Authorizing the City Manager to File the Regional Surface Transportation Program (RSTP) Exchange Fund Claim in the Amount of $1,268,872 for Fiscal Year 2023-2024
REPORT IN BRIEF
Considers selecting the Right Turn Channelization on Highway 59 at 16th Street (CP140049), New Traffic Signal on Highway 59 at 16th Street (CP140052), Canal Street Watermain (CP210055), Santa Fe Strip Park Sidewalk (CP220021), R Street from Northwood Drive to Olive Avenue (CP220050), and Main Street Directional (CP230014) as Eligible Projects and authorizes staff to complete the Regional Surface Transportation Program (RSTP) Claim Form in the total amount of $1,268,872 for submittal to Merced County Association of Governments (MCAG).
RECOMMENDATION
City Council - Adopt a motion:
A. Selecting Right Turn Channelization on Highway 59 at 16th Street (CP140049), New Traffic Signal on Highway 59 at 16th Street (CP140052), Canal Street Watermain (CP210055), Santa Fe Strip Park Sidewalk (CP220021), R Street from Northwood D | | |
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24-707
| 1 | J.15. | | Consent Item | SUBJECT: Approval of Additional Contingency in the Amount of $36,300 for Additional Work Which is Reflected in Change Orders 1 and 2 with New Century Construction & Consulting Inc., for the Ada Givens Pool Restroom Rehabilitation Project Number CP220011 to Close out the Project
REPORT IN BRIEF
Considers approving an increase to the contingency in the amount of $36,300 for Project No. CP220011 - Ada Givens Pool Restroom Rehabilitation. This will be the final increase to close out the project.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Final Change Orders 1 and 2 with New Century Construction & Consulting Inc., with an increase in contingency of $36,300 for a total contingency amount of $43,300, which is approximately 18.6% of the original contract amount; and,
B. Authorizing the City Manager to execute the necessary documents; and,
C. Authorizing the Finance Officer to make necessary budget adjustments. | | |
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24-521
| 1 | J.16. | | Consent Item | SUBJECT: Approval of Two Agreements for Professional Services with Provost and Pritchard Engineering Group, Inc., for the PCE (Tetrachloroethylene) Groundwater Project No. CP250057 in an Amount of $240,000 and a PCE Reporting in an Amount of $38,000
REPORT IN BRIEF
Considers approving two separate Professional Services Agreements for environmental remediation services and required monitoring reports for the PCE (Tetrachloroethylene) Groundwater Project in an amount of $278,000.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Agreement for Professional Services (cleanup contract) with Provost and Pritchard Engineering Group, Inc., in the amount of $240,000 for PCE (Tetrachloroethylene) groundwater cleanup; and,
B. Approving the Agreement for Professional Services (reporting contract) with Provost and Pritchard Engineering Group, Inc., in the amount of $38,000 for report drafting; and,
C. Authorizing the City Manager to execute necessary documents; and,
D. Authorizing the Finance Officer to make necessary budget adjustments. | | |
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24-691
| 1 | K.1. | | Public Hearing Item | SUBJECT: Continued Public Hearing to Receive Public Comment Regarding the U.S. Department of Housing and Urban Development (HUD) 2024 Annual Action Plan; Final Determination and Award of Project Funding Pending HUD Approval and Approval of the Draft 2024 Annual Action Plan; Authorization to Complete and Submit the Final Plan to HUD for Approval; and Authorize City Manager to Execute all Related Documents and Agreements with HUD to Implement the Plan
REPORT IN BRIEF
Provides opportunity for the Public to comment on available funds, project funding, and other topics relating to the 2024 Annual Action Plan; Requests Council’s final determination and award of 2024 project funding and approval of the Draft 2024 Annual Action Plan, to enable final completion and submittal of the 2024 Annual Action Plan to HUD before the HUD deadline; and Authorizes the City Manager to execute all related agreements and documents and the Finance Officer to perform necessary appropriations of HUD funds.
RECOMMENDATION
City Council -
A. Re-open, conduct, and close the Public Hearing, to receive public c | | |
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24-698
| 1 | L.1. | | Action Items | SUBJECT: Review, Discuss, and Approve Fiscal Year 2024/2025 Community Funding Requests as Recommended by the City Council Budget Subcommittee
REPORT IN BRIEF
Review, discuss, and approve fiscal year 2024/2025 Community Funding requests as recommended by the City Council Budget Subcommittee.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the City Council Budget Subcommittee recommendations for fiscal year 2024/2025 Community Funding; and,
B. Authorizing the City Manager to execute the necessary documents; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments. | | |
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24-745
| 1 | L.2. | | Action Items | SUBJECT: Request to Authorize the City Manager to Execute Contract Change Order No. 3 with American Paving Co. for the Additional Construction of the Second Phase of Development at Community Park 42 (CP-42), in an Amount not to Exceed $1,628,682.12 for Additional Work on Project Number CP220061 - Community Park 42 (CP-42)
REPORT IN BRIEF
Staff request authorization to waive the competitive bidding requirements for CP-42 for the construction of the second phase of development at CP-42, and request Council approve Contract Change Order No. 3 for additional fencing, field markings, goal posts, trees, Musco field lights, landscaping, and contract quantity adjustments in the amount of $1,628,682.12.
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 Contract Change Order No. 3 with American Paving Co. in the amount of $1,628,682.12 and adding 35 working days for the change in scope of work; and,
C. Authorizing the City Manager to execute the necessary docum | | |
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24-743
| 1 | L.3. | | Action Items | SUBJECT: Approving a Professional Services Agreement for Municipal Advisor Services with Fieldman, Rolapp & Associates
REPORT IN BRIEF
Considers approving the Professional Services Agreement with Fieldman, Rolapp & Associates to provide municipal advisory services for Equipment Lease/Purchase and future services.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Professional Services Agreement with Fieldman, Rolapp & Associates (FRA) for municipal advisory services; and,
B. Authorizing the City Manager to execute the necessary documents; and,
C. Approving a supplemental appropriation in the amount of $30,000 from the unencumbered, unreserved balance in Fund 2001-Measure C. | | |
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24-753
| 1 | L.4. | | Action Items | SUBJECT: Approval of a Supplemental Appropriation in the Amount of $150,000 from the General Fund Unreserved, Unencumbered Fund Balance to Fund the First Amendment to Agreement for Special Services with Liebert Cassidy Whitmore for Labor Contract Negotiations and Employee Related Legal Services
REPORT IN BRIEF
Considers approving a supplemental appropriation from General Fund Unreserved, unencumbered Fund Balance in the amount of $150,000 to fund the law firm of Liebert Cassidy Whitmore’s continued representation of the City of Merced in matters related to labor contract negotiations and employee related legal services and authorize the City Manager to execute a First Amendment to Special Services Agreement with Liebert Cassidy Whitmore.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the supplemental appropriation from General Fund unreserved, unencumbered fund balance in the amount of $150,000 in the City Attorney Division, to fund ongoing legal expenses related to labor contract negotiations and employee related legal services; and,
B. Approving a Fi | | |
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24-728
| 1 | M.1. | | Report Item | SUBJECT: Presentation from the City of Merced Fire Department on Fireworks
REPORT IN BRIEF
Merced Fire Department and Merced Police Department worked together to enforce the City of Merced Ordinance on fireworks. Chief Wilson will make a brief presentation on the public inputs and enforcement results. The presentation will include a summary of response activity for the 4th of July. | | |
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24-759
| 1 | N.1. | | Business Item | SUBJECT: Remaining Tourism Based Improvement District Tasks and Schedule
REPORT IN BRIEF
Staff is presenting the tasks remaining and targeted completion dates to establish and form a Tourism Based Improvement District and is requesting direction to proceed from the City Council.
RECOMMENDATION
City Council - For Council discussion and direction. | | |
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24-765
| 1 | N.2. | | Business Item | SUBJECT: Appointments to the Regional Airport Authority (1 Seat)
REPORT IN BRIEF
Accept nominations to fill one vacancy on the Regional Airport Authority.
RECOMMENDATION
City Council - Adopt a motion accepting a nomination and appointing an individual to serve as a member of the Regional Airport Authority (1 seat); or, | | |
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24-754
| 1 | N.3. | | Business Item | SUBJECT: Continued Annual Appointments to the Arts and Culture Advisory Commission (District 3 and One Ex-Officio)
REPORT IN BRIEF
Accept a nomination to fill the Arts and Culture Advisory Commission.
RECOMMENDATION
City Council - Adopt a motion accepting nominations and appointing individuals to serve as a member of the Arts and Culture Advisory Commission (District 3 and 1 Ex-Officio). | | |
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24-755
| 1 | N.4. | | Business Item | SUBJECT: Continued Annual Appointments to the Tax Transparency Commission (District 1)
REPORT IN BRIEF
Accept a nomination to fill the District 1 seat on the Tax Transparency Commission.
RECOMMENDATION
City Council - Adopt a motion accepting a nomination and appointing an individual to serve as a member of the Tax Transparency Commission (District 1). | | |
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24-688
| 1 | N.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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24-689
| 1 | N.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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