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Meeting date/time:
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10/18/2021
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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21-843
| 1 | B.1. | | Study Session Item | SUBJECT: Study the Results of the American Rescue Plan Act (ARPA) Survey and Discussion on Developing a Strategic Investment Plan
REPORT IN BRIEF
Council and Staff will study the results of the ARPA survey and discuss developing a strategic investment plan.
RECOMMENDATION
Provide Staff direction. | | |
Action details
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21-842
| 1 | E.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Breast Cancer Awareness Month
REPORT IN BRIEF
Accepted by a representative from the Merced Fire IAFF Local 1479. | | |
Action details
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21-801
| 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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21-800
| 1 | H.2. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of October 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 October 4, 2021. | approved | Pass |
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21-700
| 1 | H.3. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Approval of a Contract for Purchases of Personal Protective Equipment, Parts, Equipment, Supplies, and Services Necessary for Fire Suppression and Prevention from L.N. Curtis & Sons in an Amount not to Exceed $200,000 Through June 30, 2022
REPORT IN BRIEF
Considers waiving the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 and approving the contract for purchases of various personal protective equipment, parts, equipment, supplies, and services from L.N. Curtis & Sons through June 30, 2022.
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 the purchases of personal protective equipment, parts, equipment, and supplies from L.N. Curtis & Sons in an amount not to exceed $200,000 in Fiscal Year 2021/2022; and,
C. Authorizing the City Manager or the Deputy City Manager, to execute the Agreement for Supplies and Services attached hereto. | approved | Pass |
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21-750
| 1 | H.4. | | Consent Item | SUBJECT: Administering Agency Amendment Modification Summary (E-76) - State Agreement for Federal Aid Projects No. 10-5085 and Approval to Accept Congestion Mitigation and Air Quality Improvement (CMAQ) Grant Funds, CML-5085(052) 119070 CMAQ in the Amount of $403,472 for Construction of the Sidewalks on 7th and 8th Streets Between Linda Lane and West Avenue and Linda Lane Between 7th Street and Lopes Avenue
REPORT IN BRIEF
Considers accepting $403,472 in Federal Congestion Mitigation and Air Quality (CMAQ) Grant funding for Construction of the sidewalks on 7th and 8th Streets between Linda Lane and West Avenue and Linda Lane between 7th Street and Lopes Avenue.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting CMAQ grant funds and increasing revenue in account 450-1104-321.32-00 by $403,472 and appropriating the same to account 450-1104-637-65-00 (Project No. 119070) for construction costs associated with construction of sidewalks on 7th and 8th Streets between Linda Lane and West Avenue and Linda Lane between 7th Street and Lopes Avenue; and,
B. Approving the use o | approved | Pass |
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21-757
| 1 | H.5. | | Consent Item | SUBJECT: Approval of a Professional Services Agreement with J.B. Anderson Land Use Planning and Deposit and Reimbursement Agreement with Bellevue Merced, LLC, Baxter Ranches, LLC, and Hostetler Investments, LLC for Preparation of an Environmental Document for General Plan Amendment #17-02 and Site Utilization Plan Revision #12 to Planned Development (P-D) #42
REPORT IN BRIEF
Considers approving a Professional Services Agreement with J.B. Anderson Land Use Planning in the amount of $96,004 for preparation of an environmental document for General Plan Amendment #17-02 and Site Utilization Plan Revision #12 to Planned Development (P-D) #42 to change land use designations in portions of Bellevue Ranch. Also considers approving a Deposit and Reimbursement Agreement with Bellevue Merced, LLC, Baxter Ranches, LLC, and Hostetler Investments, LLC, in the amount of $105,604.40 to cover the costs of the preparation of the environmental document and related administrative costs.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Professional Services Agreement with J.B. Ander | approved | Pass |
Action details
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21-799
| 1 | H.6. | | Consent Item | SUBJECT: Approval of a First Amendment to Professional Services Agreement with Economic Planning Systems (EPS) for the Public Facilities Financing Plan and Impact Fee Program Update, Status Report on the Update, and Adoption of a Resolution Amending the Administrative Policy (A-32) for the Impact Fee Program
REPORT IN BRIEF
Considers approving an amendment to the Professional Services Agreement with Economic Planning Systems (EPS) in the amount of $10,000 to complete the Public Facilities Financing Plan and Impact Fee Program Update as well as receiving a status report on the update and considering the adoption of a resolution amending Administrative Policy A-32 for the Impact Fee Program in the areas of exemptions, fee deferrals, and required security.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the First Amendment to the Professional Services Agreement with Economic Planning Systems (EPS) to complete the Public Facilities Financing Plan and Impact Fee Program Update in the amount of $10,000; and,
B. Approving a supplemental appropriation from Fund 017-Develo | approved | Pass |
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21-812
| 1 | H.7. | | Consent Item | SUBJECT: Approval to Accept and Appropriate Grant Funds from the State of California Department of Housing and Community Development (HCD) from the SB2 Planning Grants Program in the Amount of $310,000, Approval to Accept and Appropriate Grant Funds from the State of California HCD Local Early Action Planning Grant Program (LEAP) in the Amount of $300,000, 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 State of California Department of Housing and Community Development (HCD) from the SB2 Planning Grants Program in the amount of $310,000, accepting and appropriating grant funds from the State of California HCD Local Early Action Planning Grant Program (LEAP) in the amount of $300,000, using pooled cash to cover the appropriation until grant funds are reimbursed, authorizing the Finance Officer to make necessary budget adjustments, and authorizing the City Manager or Deputy City Manager to execute all documents including any amendments.
RECOMMENDATION
City Counci | approved | Pass |
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21-755
| 1 | H.8. | | Consent Item | SUBJECT: Award Bid to Merced Chevrolet for the Purchase of Two (2) New Crew Cab Pickups for the Fire Department and Three (3) New Four-Door Sedans for the Police Department, for a Total Cost of $145,001.37
REPORT IN BRIEF
Considers awarding the Bid to Merced Chevrolet for the purchase of two new crew cab pickups for the Fire Department and three four-door sedans for the Police Department to replace vehicles at end-of-life cycle.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the bid to Merced Chevrolet for the supply of two new crew cab pickups and three four-door sedans, for a total amount of $145,001.37; and,
B. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents and the City Buyer to issue the Purchase Order. | approved | Pass |
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21-767
| 1 | H.9. | | Consent Item | SUBJECT: Approval of a Professional Services Agreement with Ascent Environmental, Inc., for Environmental Services Relating to the Annexation of the UC Merced Campus to the City of Merced
REPORT IN BRIEF
Considers entering into a professional services agreement with Ascent Environmental, Inc., in the amount of $52,540 to perform environmental services for the annexation of the UC Merced Campus to the City of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Professional Services Agreement with Ascent Environmental, Inc., to perform environmental services for the Annexation of the UC Merced Campus to the City of Merced in the amount of $52,540; and,
B. Authorizing the City Manager or Deputy City Manager to execute the agreement. | approved | Pass |
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21-790
| 1 | H.10. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Approval of a Professional Services with PrivITation Consulting Corp. in the not to Exceed Amount of $142,200 (Phases 1 & 2) for Replacement of the Siemens HVAC Automation System at the Civic Center and Central Police Department for the Term Ending June 30, 2023; and Approval of a HVAC Automation Preventative Maintenance Agreement with PrivITation Consulting Corp. in the Amount of $17,250 for the Term Ending July 31, 2022
REPORT IN BRIEF
Considers waiving the City’s competitive bidding requirements and approving two separate agreements with PrivITation Consulting Corp. for Phases 1, 2, & 3 of the HVAC automation system replacement project, as well as maintenance of the HVAC automation system at the Civic Center and Central Police Department.
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 the agreement for professional services with PrivITation Consulting Corp., in the not to exceed a | approved | Pass |
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21-816
| 1 | H.12. | | Consent Item | SUBJECT: Adoption of a Resolution Approving Contract Number S2180027 with the State of California Department of Fish and Wildlife for the Shared Habitat Alliance for Recreational Enhancement (SHARE) Program in Order to Provide Hunting and Bird Watching Opportunities at the City’s Waste Water Treatment Plant and Approval to Accept $8,105.50 into Account 024-1216-360.01-01 to Administer the Program, Increase the Revenue Account in the Amount of $1,052, and Appropriate the Same to the Contingency Account 024-1201-542.34-00
REPORT IN BRIEF
Considers adopting a Resolution and agreement with the Department of Fish and Wildlife to provide hunting and bird watching opportunities at the City’s Waste Water Treatment Plant property through the SHARE program, increases the revenue account 024-1216-360.01-01 by the amount of $1,052, and appropriates the increased amount to the contingency account 024-1201-542.34-00.
RECOMMENDATION
City Council- Adopt a motion:
A. Approving Resolution 2021-91, a Resolution of the City Council of the City of Merced, California, approving contract number S21 | approved | Pass |
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21-830
| 1 | H.13. | | Consent Item | SUBJECT: Approval of First Amendment to the Professional Agreement with LPA, Inc., to Conduct a Structural Analysis of the Central Police Station and Assess Programming and Facility Layout for an Additional Cost of $17,500
REPORT IN BRIEF
Consider the approval of the First Amendment to the LPA, Inc. Professional Services Agreement, to conduct a structural analysis of the Central Police Station and assess programming and facility layout for an additional not-to-exceed amount of $17,500.
RECOMMENDATION
City Council - Adopt a motion approving the first amendment to the agreement with LPA, Inc., and authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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21-834
| 1 | H.14. | | Consent Item | SUBJECT: Approval of a Memorandum of Understanding with the Merced Police Officers Association (MPOA) 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 $121,508 and Fund 157 CFD-Police in the Amount of $1,445
REPORT IN BRIEF
Considers approval of Memorandum of Understanding with Merced Police Officers Association (MPOA) 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 $121,508 and Fund 157 CFD-Police in the amount of $1,445.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2021-96, a Resolution of the City Council of the City of Merced, California, approving Memorandum of Understanding with Merced Police Officers Association (MPOA); 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 amo | approved | Pass |
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21-831
| 1 | H.16. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Amending Section 8.04.640 “Commercial Recycling Rates and Charges”, Section 8.04.800 “Commercial Green or Organic Waste Rates and Charges”, and Adding Article V of Chapter 8.04 “Commercial Waste Generators” to the Merced Municipal Code
REPORT IN BRIEF
Second reading and final adoption an ordinance to amend Section 8.04.640 “Commercial Recycling Rates and Charges”, Section 8.04.800 “Commercial Green or Organic Waste Rates and Charges” and adding Article V of Chapter 8.04 “Commercial Waste Generators” to the Merced Municipal Code to aid in compliance with California State regulations for mandatory recycling and green or organic waste diversion.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2533, an Ordinance of the City Council of the City of Merced, California, amending sections 8.04.640 “Commercial Recycling Rates and Charges”, and 8.04.800, “Commercial Green or Organic Waste Rates and Charges” and adding Article V, “Commercial Waste Generators,” to Chapter 8.04, “Garbage and Rubbish” of the Merced | approved | Pass |
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21-820
| 1 | H.11. | | Consent Item | SUBJECT: Approval of Memorandum of Understanding Between Merced County and the City of Merced for Administration of the Proposition 64 Public Health & Safety Grant Program Cohort 2 for the Three-Year Pilot Program, up to a Maximum of $355,094, to Provide Prevention and Early Intervention Services to the Youth Identified through Middle and High Schools
REPORT IN BRIEF
Considers approving the Memorandum of Understanding between Merced County and the City of Merced for Administration of the Proposition 64 Public Health & Safety Grant Program Cohort 2 for the three-year pilot program, up to a maximum of $355,094, to provide prevention and early intervention services to the youth identified through middle schools and high schools.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Memorandum of Understanding between Merced County and the City of Merced, up to a maximum of $355,094, for the Proposition 64 Public Health & Safety Grant Program Cohort 2; and,
B. Authorizing the City Manager or Deputy City Manager to execute the contract/standard agreement, including any am | approved | Pass |
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21-832
| 1 | H.15. | | Consent Item | SUBJECT: Adoption of a Resolution Opposing the Pacific Gas and Electric (PG&E) Company’s June 2021 General Rate Case Filing to the California Public Utilities Commission (CPUC) Requesting Substantial Rate Increases
REPORT IN BRIEF
Adopting a Resolution calling upon the CPUC and PG&E to cease from authorizing further electricity rate increases until equitable rate reforms and spending control measures offset measures are implemented to offset rate increases.
RECOMMENDATION
City Council - Adopt a motion - Adopting Resolution 2021-94, a Resolution of the City Council of the City of Merced, California, in opposition to Pacific Gas & Electric (PG&E) company’s June 2021 general rate care (GRC) filing to the California Public Utilities Commission (CPUC) requesting substantial rate increases. | continued | Pass |
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21-833
| 1 | K.1. | | Business Item | SUBJECT: Adoption of a Resolution in Support of the BIPOC LGBTQIA+ Community
REPORT IN BRIEF
Considers the adoption of a Resolution in support of the BIPOC LGBTQIA+ Community.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2021-95, a Resolution of the City Council of the City of Merced, California, to support the black, indigenous, people of color (BIPOC) lesbian, gay, bisexual, transgender, queer, intersex, and asexual (LGBTQIA+) Merced Community. | approved | Pass |
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21-829
| 1 | I.1. | | Public Hearing Item | SUBJECT: Continued Public Hearing to Consider the Introduction of an Ordinance Approving Site Utilization Plan (SUP) Revision #4 to Planned Development (P-D) #72 Initiated by Yosemite & G, LLC., Property Owner, and Approval of an Amendment to the Legislative Action Agreement for the Yosemite Crossing Development to Include a Car Wash, Additional Retail Buildings, and 52 Additional Multi-Family Units, as Well as Reconfiguring the Location of Various Buildings on the Site
REPORT IN BRIEF
This application is to modify the Site Utilization Plan (SUP) for the Yosemite Crossing Development at the northeast corner of Yosemite Avenue and G Street to allow inclusion of a car wash, additional retail buildings, realignment of the uses on-site, and an increase of 52 multi-family units from 44 (approved) to 96 (proposed).
RECOMMENDATION
City Council- Adopt a motion:
A. Approving Environmental Review #21-18 (CEQA Section 15162 Findings); and,
B. Introducing Ordinance 2534, an Ordinance of the City Council of the City of Merced, California, approving Site Utilization Plan Revisio | denied | Fail |
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21-768
| 1 | I.2. | | Public Hearing Item | SUBJECT: Public Hearing to Consider Introduction of an Ordinance Amending Section 20.44.160 of the Merced Municipal Code Regarding Tobacco Sales Near Schools and Adoption of a Categorical Exemption (Zoning Ordinance Amendment #21-03), as Requested by Ashley Investments
REPORT IN BRIEF
Considers introducing an Ordinance amending Section 20.44.160 of the Merced Municipal Code Regarding Tobacco Sales Near Schools, which would more closely match the regulations for Commercial Cannabis Permits and allow for exceptions to be made under certain circumstances for tobacco retailers near youth-oriented facilities.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting a Categorical Exemption (Environmental Review #21-24); and,
B. Introducing Ordinance 2535, an Ordinance of the City Council of the City of Merced, CA, amending section 20.44.160 “Tobacco Sales Prohibited Near Schools” of the Merced Municipal Code regarding tobacco sales near schools and other sensitive uses. | approved | Fail |
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21-837
| 1 | J.1. | | Report Item | SUBJECT: Requests for Approval of Additions and Deletions to Positions and a Supplemental Appropriation in the Amount of $122,957 in Fund 558-Refuse Operations
REPORT IN BRIEF
Staff seeks approval of additions and deletions to positions and a Supplemental Appropriation in the amount of $122,957 in Fund 558-Refuse Operations.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the addition of an Economic Development Manager, an Economic Development Associate, and the deletion of an Economic Development Director in the Economic Development Department; and,
B. Approving the addition of a Human Resources Manager, a Human Resources Technician I, and the deletion of a Human Resources Director in the Human Resources Department; and,
C. Approving the addition of a Management Analyst and the deletion of a Senior Management Analyst in the Development Services Department; and,
D. Approving the addition of two Refuse Equipment Operator I and one Container Maintenance Worker in the Public Works - Refuse Division; and,
E. Approving a Supplemental Appropriate from the unreser | approved | Pass |
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21-828
| 1 | J.2. | | Report Item | SUBJECT: Report to Council Regarding the Expiration of Governor’s Executive Order N-42-20 (Water Shut-Off Moratorium)
REPORT IN BRIEF
Provide direction to staff regarding the expiration of Governor’s Executive Orders N-42-20 (Water Shut-Off Moratorium).
RECOMMENDATION
City Council - Adopt a motion providing direction to staff regarding the expiration of Governor’s Executive Order N-42-20 and when to reinstate the utility billing delinquency and water shut-off process. | approved | Pass |
Action details
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21-811
| 1 | J.3. | | Report Item | SUBJECT: Report to Council to Consider Selection of Affordable Housing Development Partners for Housing Successor Agency In-Fill Properties Including Authorization for the Execution of Exclusive Negotiation Agreements with the Selected Development Partners Subject to Approval by the City Attorney, and the Execution of all Documents by the City Manager or Deputy City Manager
REPORT IN BRIEF
Selection of Affordable Housing Development Partners for Housing Successor Agency (HSA) In-Fill Properties, authorizing the execution of Exclusive Negotiation Agreements (ENA) with the selected Development Partners subject to approval by the City Attorney, and authorizing the execution of all documents necessary to implement direction by the City Manager or Deputy City Manager.
RECOMMENDATION
City Council - Adopt a motion:
A. Selecting Affordable Housing Development Partners for the Housing Successor Agency In-Fill Properties including:
· Linc Housing - Sites 1 through 5
· Habitat for Humanity Merced County - Sites 6 and 8
· Housing Development Corporation Monterey County - Sites 7 and 9
· C | approved | Pass |
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21-826
| 1 | J.4. | | Report Item | SUBJECT: Approval of an Affordable Housing Funding Plan and Authorization of Conditional Letters of Commitment Subject to Review by the City Attorney
REPORT IN BRIEF
Approval of an Affordable Housing Funding Plan, authorizing Conditional Letters of Commitment consistent with the Council Direction in a form subject to review by the City Attorney, and authorizing the City Manager or Deputy City Manager to execute all related documents to implement the Affordable Housing Funding Plan and Conditional Letters of Commitment.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving of an Affordable Housing Funding Plan; and,
B. Authorizing Conditional Letters of Commitment consistent with the approved Affordable Housing Funding Plan in a form subject to review by the City Attorney; and,
C. Authorizing the City Manager or Deputy City Manager to execute all related documents to implement the Affordable Funding Plan and Conditional Letters of Commitment. | approved | Pass |
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21-841
| 1 | K.2. | | Business Item | SUBJECT: Findings to Hold City Council, Commission, and Committee Meetings Using a Combination of In-Person/Virtual (Hybrid) Meetings Under Assembly Bill (AB) 361
REPORT IN BRIEF
That the City Council finds that during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, the City Council and all commission and committee meetings will be held as hybrid meetings.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2021-98, a Resolution of the City Council of the City of Merced, California, making findings consistent with the requirements of AB 361 to allow for in-person/virtual (hybrid) public meetings. | approved | Pass |
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21-817
| 1 | K.3. | | Business Item | SUBJECT: Appointment to the Vacant Redistricting Advisory Committee District 1 Seat
REPORT IN BRIEF
The City Council will appoint an individual to the vacant Redistricting Advisory Committee District 1 seat.
RECOMMENDATION
City Council - Adopt a motion appointing a qualified applicant to the vacant Redistricting Advisory Committee District 1 seat | approved | Pass |
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21-818
| 1 | K.4. | | Business Item | SUBJECT: Appointments to the Tax Transparency Commission by District, Appointment to the At-Large Seat and Appointment of a Liaison to a Vacant District Seat
REPORT IN BRIEF
Considers appointing sitting commission members to Council District seats as required by Ordinance 2525.
RECOMMENDATION
City Council - Adopt a motion appointing sitting commission members to District 1, District 3, District 4, District 6, the At-Large Seat, and appoint the remaining member as a liaison to either District 2 or District 5. | approved | Pass |
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21-822
| 1 | K.5. | | Business Item | SUBJECT: Council Member Echevarria’s Request to Discuss Potential Changes to the Merced Municipal Code Chapter 8.30 “Regulation of Shopping Carts”
REPORT IN BRIEF
Council Member Echevarria’s Request to Discuss potential changes to the City’s current shopping cart ordinance pursuant to City Council Administrative Policies and Procedures C-1.
RECOMMENDATION
Provide direction to staff on any potential changes to the City’s current shopping cart ordinance. | | |
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21-802
| 1 | K.6. | | 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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21-803
| 1 | K.7. | | 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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