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Meeting date/time:
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9/18/2023
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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23-641
| 1 | B.1. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE APPOINTMENT - Title: City Manager/City Clerk; Authority: Government Code Section 54957 | | |
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23-818
| 1 | K.1. | | Business Item | SUBJECT: Approval of the City Manager’s Employment Agreement for a Term of Three Years and Adoption of a Resolution to Establish the Publicly Adopted Pay Scale for the City Manager
REPORT IN BRIEF
Considers the approval of the City Manager’s Employment Agreement for a term of three years and adoption of Resolution 2023-xx to establish the publicly adopted pay scale for the City Manager.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the City Manager’s Employment Agreement for a term of three years; and,
B. Adopting Resolution 2023-76, a Resolution of the City Council of the City of Merced, California, appointing Scott McBride as City Manager and Approving an Employment Agreement therefore including compensation and other terms and conditions of employment; and,
C. Authorizing staff to submit the adopted Resolution to the California Public Employees’ Retirement System (CalPERS) for confirmation of annual salary amounts and pay scales. | approved | Pass |
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23-820
| 1 | J.1. | | Report Item | SUBJECT: Election of Chair and Vice Chair, Adoption of Resolution of Approving Amended and Restated Bylaws, and Appointment of an Executive Director, General Counsel, and Secretary for the for the Merced Successor Agency
REPORT IN BRIEF
In order to function as the Successor Agency for the former Merced Redevelopment Agency, the governing board will need to elect a Chair and Vice Chair, adopt bylaws by Resolution, and appoint an Executive Director, General Counsel, and Secretary for the Merced Successor Agency.
RECOMMENDATION
City Council - Adopt a motion:
A. Nominating and Electing a Chair; and,
B. Nominating and Electing a Vice Chair; and,
C. Approving Resolution Successor Agency Resolution SA 2023-01, A Resolution of the Successor Agency to the Redevelopment Agency of the City of Merced, Approving Amended and Restated Bylaws; and,
D. Appointing an Executive Director in accordance with the Amended and Restated Bylaws; and,
E. Appointing a General Council in accordance with the Amended and Restated Bylaws; and,
F. Appointing a Secretary in accordance with the Amen | approved | Pass |
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23-694
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Constitution Week
REPORT IN BRIEF
Received by a representative of the Daughters of the American Revolution the Merced River Chapter. | | |
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23-732
| 1 | I.1. | | Consent Item | SUBJECT: Reading by Title of All Ordinances and Resolutions
REPORT IN BRIEF
Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and a summary title may be read with further reading waived.
RECOMMENDATION
City Council - Adopt a motion waiving the reading of Ordinances and Resolutions, pursuant to Section 412 of the Merced City Charter. | approved | Pass |
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23-805
| 1 | I.2. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of February 6, 2023
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 February 6, 2023. | approved | Pass |
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23-523
| 1 | I.3. | | Consent Item | SUBJECT: Approval of Allocation of U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Program Resources and Approval of the Associated Subrecipient Agreement with Habitat for Humanity Merced/Stanislaus Counties for their Homeowner Occupied Rehabilitation “A Brush with Kindness” Program Approved with the Adopted 2022 and 2023 Annual Action Plans
REPORT IN BRIEF
Considers approving to authorize the execution of a three-year program Community Development Block Grant (CDBG) Subrecipient Agreement with Habitat for Humanity Merced/Stanislaus Counties ($300,000).
RECOMMENDATION
City Council - Adopt a Motion:
A. Approving the agreement for the program identified in the 2022 and 2023 HUD Annual Action Plans using Fiscal Year 2022-23 and 2023-24 CDBG funds with Habitat for Humanity Merced/Stanislaus Counties in the amount of $300,000 for the “A Brush with Kindness” Program; and,
B. Authorizing the City Manager or the Deputy City Manager to execute, and if necessary, direct staff to make minor modifications to the agreement described abo | approved | Pass |
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23-742
| 1 | I.4. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirement for the Professional Services Agreement with Gaetke Medical Corporation and 1582, LLC for the Provision of Comprehensive Occupational Medical Physicals in an Amount not to Exceed $64,170
REPORT IN BRIEF
Considers approving to waive the competitive bidding requirement for the Professional Services Agreement with Gaetke Medical Corporation and 1582, LLC for the purpose of providing comprehensive occupational medical physicals of fire suppression personnel in an amount not to exceed $64,170.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the waiver of the competitive bidding requirement due to the vendor being vetted through MFD; and,
B. Approving a Professional Services Agreement with Gaetke Medical Corporation and 1582, LLC in an amount not to exceed $64,170, for the purpose of providing comprehensive occupational medical physicals of fire suppression personnel through January 1, 2025; and,
C. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents. | approved | Pass |
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23-815
| 1 | I.5. | | Consent Item | SUBJECT: Adoption of Resolution of the Successor Agency to the Redevelopment Agency of the City of Merced Approving an Amended Recognized Obligation Payment Schedule for January 1, 2024 Through June 30, 2024 (Amended ROPS 23-24B)
REPORT IN BRIEF
Considers approving and adopting an amended Recognized Obligation Payment Schedule as the Successor Agency to the Redevelopment Agency of the City of Merced for January 1, 2024 through June 30, 2024 which is due to the Department of Finance by October 1, 2023.
RECOMMENDATION
Successor Agency - Adopt a motion:
A. Approving Resolution SA 2023-02, a Resolution of the Successor Agency to the Redevelopment Agency of the City of Merced approving the Amended Recognized Obligation Payment Schedule (ROPS 23-24B) for January 1, 2024 through June 30, 2024; and,
B. Authorizing the Finance Officer to make any necessary budget adjustments in order to establish a Fiduciary Fund for the Successor Agency with revenue and expense increases per the Amended Recognized Obligation Payment Schedule.
City Council - Adopt a motion:
A. Authorizing the Fin | approved | Pass |
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23-782
| 1 | I.6. | | Consent Item | SUBJECT: Approval of a First Amendment to Agreement for Professional Services with Hanson Bridgett, LLP, in an Amount not to Exceed $100,000
REPORT IN BRIEF
Considers approving a First Amendment to an Agreement for legal services with Hanson Bridgett, LLP in an amount not to exceed $100,000.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a First Amendment to an Agreement for Professional Services with Hanson Bridgett LLP in an amount not to exceed $100,000; and,
B. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents. | approved | Pass |
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23-809
| 2 | I.7. | | Consent Item | SUBJECT: Approval of Agreement for Labor Relations Consulting, Labor Contract Negotiations and Employee Related Legal Services with the Law Firm of Liebert Cassidy Whitmore in the not to Exceed Amount of $100,000
REPORT IN BRIEF
Considers approving an agreement for labor relations consulting, labor contract negotiations and employee related legal services with the firm of Liebert Cassidy Whitmore.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving an agreement for professional services with the law firm of Liebert Cassidy Whitmore for labor relations consulting, labor contract negotiations, and employee related matters; and,
B. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents. | approved | Pass |
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23-571
| 2 | I.8. | | Consent Item | SUBJECT: Acceptance of Grant Award for a Maximum of $79,288 From the United Way of Merced County as the Administering Organization for the Heartland Creative Corps for Art Projects on City Owned Properties in the City of Merced
REPORT IN BRIEF
Considers accepting a Grant Award for a maximum of $79,288 from the United Way of Merced County as the Administering Organization for the Heartland Creative Corps for Art Projects on City owned properties in the City of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting grant funds up to maximum of $79,288 from the United Way of Merced County as the Administering Organization for the Heartland Creative Corps for Art Projects on City Owned Properties in the City of Merced; and,
B. Authorizing the City Manager or Deputy City Manager to execute the contract/standard agreement, including any amendments, and other necessary documents pertaining to the life of the grant; and,
C. Increasing revenue in the amount of $79,288, and appropriating the same in Fund 1000-General Fund-City Manager, project GR240011; and,
D. Authoriz | approved | Pass |
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23-786
| 1 | I.9. | | Consent Item | SUBJECT: Approval of a Memorandum of Understanding with Merced County Probation Department for the CalVIP Program
REPORT IN BRIEF
Considers approving a Memorandum of Understanding with Merced County Probation Department for the CalVIP Program.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving of a Memorandum of Understanding with Merced County Probation Department for the CalVIP Program; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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23-810
| 1 | I.10. | | Consent Item | SUBJECT: Request by the Merced County NAACP for the Co-Sponsored Rental Rate for the Merced Senior Community Center on October 7, 2023, for its Annual Freedom Fund Banquet
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 7, 2023.
RECOMMENDATION
City Council - Adopt a motion approving the request to rent the Merced Senior Community Center to the Merced County NAACP on October 7, 2023, for the annual Freedom Fund Banquet at the co-sponsored rental rate. | approved | Pass |
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23-804
| 1 | I.11. | | Consent Item | SUBJECT: Approval to Accept and Appropriate Grant Funds from First 5 Merced County for the Safe Play Initiative in the Amount of $700,000 for the Development of Playgrounds at Community Park 42 (Project CP220061) and General Vang Pao Park (Project CP240049)
REPORT IN BRIEF
Considers approving to accept and appropriate grant funds from First 5 Merced County for their Safe Play Initiative in the amount of $700,000 for the development of inclusive playgrounds at Community Park 42 (project CP220061) and General Vang Pao Park (project CP240049) and approving the use of Park Reserve funding in the amount of $805,000 for the additional costs related to General Vang Pao Park.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting the Safe Play Initiative contract in the amount of $700,000 in grant funds; and,
B. Authorizing the Finance Officer to make the necessary budget adjustments; and,
C. Authorizing the use of pooled cash to cover the expenditures until grant funds are reimbursed; and,
D. Authorizing the City Manager or Deputy City Manager to execute all documents, incl | approved | Pass |
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23-794
| 1 | I.12. | | Consent Item | SUBJECT: Award of Proposal and Approval of Professional Service Agreement to Replace HerSchy Environmental, Inc. with Provost and Pritchard Engineering Group, Inc. for Groundwater Sampling, Testing and Reporting Services in the Amount of $82,165
REPORT IN BRIEF
Considers awarding a contract in the amount of $82,165 to Provost and Pritchard Engineering Group, Inc. (to replace HerSchy Environmental, Inc., no longer in business) to perform groundwater well sampling and reporting services in support of the Airport Remediation Site Investigation for FY 2023/24.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding a contract with Provost and Pritchard Engineering Group, Inc. FY 2023/24 in the amount of $82,165 to provide semi-annual groundwater well sampling and reporting services for the Airport site; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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23-803
| 1 | I.15. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Authorizing the Purchase of One Street Sweeper for $388,347.63 Through a Cooperative Purchasing Agreement with Sourcewell via M.M.E.(Municipal Maintenance Equipment)
REPORT IN BRIEF
Considers approving to waive the competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 to purchase a currently budgeted and Council approved fleet vehicle through the government procurement program Sourcewell.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code section 3.04.210 due to utilizing a cooperative purchase agreement through Sourcewell, a government procurement program; and,
B. Approving the purchase of one new Schwarze Model A9 Monsoon Sweeper in the amount of $388,347.63 from M.M.E. through Sourcewell contract #093021-SWZ; and,
C. Authorizing the City Manager or Deputy City Manager to execute the necessary documents, the Finance Officer to make the necessary budget adjustments, the City Buyer to issue t | approved | Pass |
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23-770
| 1 | I.16. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Approval of a Statement of Services with PrivITation Consulting Corp. in the not to Exceed Amount of $82,600 for Replacement of the Johnson Controls HVAC Automation System for the Laboratory at the Wastewater Treatment Plant
REPORT IN BRIEF
Considers approving to waive the City’s competitive bidding requirements and approving an agreement with PrivITation Consulting Corp. in the amount of $82,600 for the HVAC automation system replacement project at the Wastewater Treatment Plant.
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 purchases necessary for standardization of particular types of equipment; and,
B. Approving the Statement of Services with PrivITation Consulting Corp., in the not to exceed amount of $82,600 for replacement of the Johnson Controls HVAC Automation System at the Lab for the Wastewater Treatment Plant; and,
C. Authorizing the City Manager, the Deputy City Manager, or desginee | approved | Pass |
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23-785
| 1 | I.17. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Authorizing the Purchase of One Electric Forklift for $44,699.99 Through a Cooperative Purchasing Agreement with Sourcewell via Cromer Material Handling
REPORT IN BRIEF
Considers approving to waive the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 to purchase a currently budgeted and Council approved fleet equipment through the government procurement program Sourcewell.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code section 3.04.210 to utilize a cooperative purchasing agreement through Sourcewell, a government procurement program; and,
B. Approving the purchase of one new electric Doosan Forklift in the amount of $44,699.99, plus applicable taxes, from Cromer Material Handling through Sourcewell contract #091520-DIV; and,
C. Authorizing the City Manager or Deputy City Manager to execute the necessary documents, the Finance Officer to make the necessary budget adjustments, t | approved | Pass |
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23-816
| 1 | I.18. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Amending Section 10.28.230 “No Parking Zones;” and Section 10.28.380, “Stop Intersections Designated,” of the Merced Municipal Code
REPORT IN BRIEF
Second reading and final adoption of Ordinance 2554 an Ordinance of the City Council of the City of Merced, California, amending section 10.28.230 “No Parking Zones;” and Section 10.28.380, “Stop Intersections Designated,” of the Merced Municipal Code
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2554, an Ordinance of the City Council of the City of Merced, California, amending section 10.28.230 “No Parking Zones;” and Section 10.28.380, “Stop Intersections Designated,” of the Merced Municipal Code. | approved | Pass |
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23-797
| 1 | I.19. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Amending Section 10.28.230 No Parking Zones and 10.32.056, “Passenger Loading Zones - Permanent”, of the Merced Municipal Code
REPORT IN BRIEF
Second reading and final adoption of an Ordinance of the City Council of the City of Merced, California, amending section 10.28.230 “No Parking Zones;” and 10.32.056, “Passenger Loading Zones - Permanent”, of the Merced Municipal Code
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2553, an Ordinance of the City Council of the City of Merced, California, amending section 10.28.230 “No Parking Zones;” and 10.32.056, “Passenger Loading Zones - Permanent”, of the Merced Municipal Code. | approved | Pass |
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23-799
| 1 | I.20. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Amending Chapters 20.08, 20.42, and 20.90 of the Merced Municipal Code to Revise Regulations Regarding Accessory Dwelling Units, Junior Accessory Dwelling Units and Tiny Homes on Wheels; and Second Reading and Final Adoption of an Ordinance Amending Chapter 20.56 of the Merced Municipal Code (Density Bonus) to Bring the Codes into Compliance with Current State Law and to Clarify Ambiguities in the Chapter
REPORT IN BRIEF
Second reading and final adoption of an ordinance that would modify the City’s requirements for Accessory Dwelling Units to meet state laws, Junior Accessory Dwelling Units, and Tiny Homes on Wheels; and second reading and final adoption of an ordinance amending the Density Bonus chapter to bring that code into compliance with current state law and to clarify ambiguities in the chapter.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Ordinance 2555, An Ordinance of the City Council of the City of Merced, California, amending Chapters 20.08, 20.42, and 20.90 of the Merced Municipal Code to revi | approved | Pass |
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23-807
| 1 | I.13. | | Consent Item | SUBJECT: Award Bid to Diede Construction Inc. for the Merced Yosemite Regional Airport Terminal, Project Number CP230073, in the Amount of $15,184,559.87
REPORT IN BRIEF
Considers awarding a Construction Contract to Diede Construction Inc. in the amount of $15,184,559.87 for the Merced Yosemite Regional Airport Terminal project.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the Merced Yosemite Regional Airport Terminal Project, Project CP230073 to Diede Construction Inc, in the amount of $15,184,559.87; and,
B. Approving a transfer in the amount of $2,384,075 from the Fund 1017-Economic Development Opportunity and appropriating in Fund 5006-Airport CIP to Project CP230073; and,
C. Authorizing the use of pooled cash in accordance with the Funding Plan described, until grant reimbursement is received; and,
D. Authorizing the City Manager or Deputy City Manager to execute the necessary Construction Contract and to approve change orders not to exceed 5% of the total contract; and,
E. Authorizing the Finance Officer to make necessary budget adjustments. | approved | Pass |
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23-777
| 1 | I.14. | | Consent Item | SUBJECT: Award Bid to N&S Tractor for the Purchase of One New 24-Foot Hydraulic Folding Disk and One New 20-Foot Hydraulic Folding Laser Drag Scraper for a Total Cost not to Exceed $191,300 for the Wastewater Treatment Plant Land Application Division
REPORT IN BRIEF
Considers awarding the bid to N&S Tractor for the purchase of one new 24-foot hydraulic folding disk and one new 20-foot hydraulic folding laser drag scraper for the Wastewater Treatment Plant Land Application Division in a not to exceed amount of $191,300.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the bid to N&S Tractor for the purchase of one new 24-foot hydraulic folding disk and one new 20-foot hydraulic folding laser drag scraper for a total amount not to exceed $191,300; and,
B. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents, the City Buyer to issue the Purchase Order(s), and approval of change orders not to exceed 10% of the total purchase price. | approved | Pass |
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23-561
| 1 | J.2. | | Report Item | SUBJECT: Review and Discussion a Possible Ordinance to Reduce Number of Nuisance Calls at Hotels and Motels
REPORT IN BRIEF
Review and discuss a potential ordinance to reduce number of crime related calls to hotels and motels.
RECOMMENDATION
Information only and possible staff direction on next steps. | | |
Action details
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Video
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23-792
| 1 | J.3. | | Report Item | SUBJECT: Report and Adoption of a Resolution Approving the U.S. Department of Housing and Urban Development (HUD) Consolidated Annual Performance and Evaluation Report (CAPER) for Program Year 2022-23 and Authorizing Submittal of the CAPER to HUD
REPORT IN BRIEF
Review and approve Housing Division activities as reported in the Draft 2022 Consolidated Annual Performance and Evaluation Report (CAPER) and authorize its submission to HUD.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2023-75, A Resolution of the City Council of the City of Merced, California, Approving the 2022-2023 Program Year Consolidated Annual Performance and Evaluation Report (CAPER); and,
B. Authorizing the City Manager or Deputy City Manager to execute and, if necessary, direct staff to make minor modifications to, the above referenced items and all associated documents as attached to this report; and,
C. Authorizing the Finance Officer to make necessary budget adjustments, if any. | approved | Pass |
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23-806
| 2 | J.4. | | Report Item | SUBJECT: Review and Discuss Broadband for Unserved and Underserved Residents and Grant Funding Opportunities
REPORT IN BRIEF
Review and discuss broadband for unserved and underserved residents and grant funding opportunities.
RECOMMENDATION
Information only and possible Staff direction on revisions and/or next steps. | | |
Action details
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Video
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23-808
| 2 | J.5. | | Report Item | SUBJECT: Youth Citizenship Campaign Direction
REPORT IN BRIEF
Council to provide direction on development of a Youth Citizenship Campaign.
RECOMMENDATION
City Council - Provide direction for the development and implementation of a Youth Citizenship Campaign. | | |
Action details
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Video
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23-800
| 1 | K.2. | | Consent Item | SUBJECT: Mayor Serratto’s Request to Discuss a Downtown Arch
REPORT IN BRIEF
Mayor Serratto’s Request to discuss a Downtown Arch.
RECOMMENDATION
Provide direction to assign this project to a City Council Sub-Committee | approved | Pass |
Action details
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23-801
| 1 | K.3. | | Consent Item | SUBJECT: Council Member Boyle’s Request to Discuss the Arts Districts
REPORT IN BRIEF
Council Member Boyle’s request to discuss the arts districts.
RECOMMENDATION
Provide direction to staff on next steps. | | |
Action details
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Video
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23-744
| 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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23-743
| 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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