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Meeting date/time:
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9/7/2021
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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21-686
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION; Casey Steed, an individual, and Merced Smart Growth Advocates, a California Unincorporated Associates, Petitioners and Plaintiffs v. City of Merced, a California Municipal Corporations and Merced City Council, a body politic, Case No. 20CV-03123, Respondents and Defendants; Merced Holdings, LP a Nevada Limited Partnership, Real Party In Interest | | |
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21-733
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION; Donald King v. City of Merced; Workers Compensation Claim Number 19796468; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
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21-743
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative(s): Travis Lindsey and Janell Van Bindsbergen, Lozano Smith, Attorneys at Law; Employee Organizations: American Federation of State, County, and Municipal Employees (AFSCME) Council 57; Local 2703, International Association of Fire Fighters, Local 1479; Merced Police Officers’ Association (MPOA); Merced Association of Police Sergeants and Merced Association of City Employees (MACE). AUTHORITY: Government Code Section 54957.6 | | |
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21-708
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Recovery Month
REPORT IN BRIEF
Council Member Ornelas will present the Recovery Month proclamation and Certificate of Recognition. | | |
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Video
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21-712
| 1 | F.2. | | Ceremonial Matter Item | SUBJECT: Proclamation - Mexican Independence Day
REPORT IN BRIEF
Received by a representative of the Mexican Consulate. | | |
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Video
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21-709
| 1 | F.3. | | 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. | | |
Action details
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Video
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21-672
| 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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21-285
| 1 | I.2. | | Consent Item | SUBJECT: Information-Only Contracts for the Month of August 2021
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $34,000 and of Public Works contracts under $76,875. | approved | Pass |
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21-646
| 1 | I.3. | | Consent Item | SUBJECT: Information Only - Planning Commission Meeting Minutes of June 9, and July 7, 2021
RECOMMENDATION
For information only. | approved | Pass |
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21-687
| 1 | I.4. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of August 16, 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 August 16, 2021. | approved | Pass |
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21-390
| 1 | I.5. | | Consent Item | SUBJECT: Adoption of a Resolution Approving Final Map #5387 for the Mission Ranch, Phase 2 Subdivision for 70 Single-Family Lots, Generally Located at the Southwest Corner of G Street and Rancho Camino Drive, and the Approval of the Subdivision Agreement for the Mission Ranch, Phase 2 Subdivision
REPORT IN BRIEF
Considers the approval of Final Map #5387 for the Mission Ranch, Phase 2 Subdivision for 70 single-family lots, generally located at the southwest corner of G Street and Rancho Camino Drive, and the approval of the subdivision agreement for the Mission Ranch, Phase 2 Subdivision.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2021-80, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for the Mission Ranch, Phase 2 Subdivision (#5387); and,
B. Approving the Subdivision Agreement for the Mission Ranch, Phase 2 Subdivision; and,
C. Authorizing the City Manager or Deputy City Manager to execute all necessary documents. | approved | Pass |
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21-644
| 1 | I.6. | | Consent Item | SUBJECT: Approval of a First Amendment to an Agreement with Shaefer Systems International, Inc., to Purchase Refuse Containers Through Houston-Galveston Area (H-GAC) Cooperative Purchasing Contract
REPORT IN BRIEF
Considers approving a first amendment to agreement with Shaefer Systems International, Inc., reflecting the change from National Joint Powers Alliance (NJPA)/Sourcewell Procurement Program to the Houston-Galveston Area (H-GAC) Cooperative Purchasing Program.
RECOMMENDATION
City Council - Adopt a motion approving a first amendment with Schaefer Systems International, Inc., for refuse containers purchase through the Houston-Galveston Area (H-GAC) Cooperative Purchasing Program; and, authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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21-690
| 1 | I.7. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements for Professional Services, Approval of a Professional Services Agreement with V&A Consulting Engineers for Sanitary Sewer Flow Monitoring in the Amount of $68,875.
REPORT IN BRIEF
Considers waiving the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 and approving a Professional Services Agreement with V&A Consulting Engineers for Sanitary Sewer Flow Monitoring in the amount of $68,875.
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 professional services; and,
B. Approving a Professional Services Agreement with V&A Consulting Engineers for Sanitary Sewer Flow Monitoring in the amount not to exceed $68,875; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments; and,
D. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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21-736
| 1 | I.8. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Approve Purchases of Parts, Equipment, Supplies, and Services Necessary for Public Works Maintenance and Operations from Badger Meter, Inc. in the Amount not to Exceed $200,000; Bridgestone Americas Tire Operations, LLC dba GCR Tires and Service in the Amount not to Exceed $250,000; and Trojan Technologies Group, LLC in the Amount not to Exceed $150,000 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 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; and,
B. Approving the purchase of water meters and related parts, equipment, and supplies from Badger Meter, Inc., in the amount not to exceed $200,000 in Fiscal Year 2021/2022; and,
C. Approving the purchase of various vehicle and equ | approved | Pass |
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21-645
| 1 | I.9. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase with Competitively Bid Contract; County of Merced 2021 AMS FOCUS Agreement 2021092 051821 with AMS.net in a not to Exceed Amount of $115,000 in Fiscal Year 2021/2022
REPORT IN BRIEF
Approval to waive the competitive bid process to allow for the cooperative purchase with competitively bid contract; 2021 AMS FOCUS Agreement 2021092 051821 with AMS.net in a not to exceed amount of $115,000 in Fiscal Year 2021/2022.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving to waive the competitive bidding requirements; and,
B. Approving piggybacking onto the 2021 AMS FOCUS Agreement 2021092 051821; and,
C. Authorizing the City Manager or Deputy City Manager to execute the necessary documents; and,
D. Authorizing the Finance Officer to make necessary budget adjustments; and,
E. Authorizing the purchase of goods through AMS.net in the amount not to exceed $115,000 for Fiscal Year 2021-22. | approved | Pass |
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21-656
| 1 | I.10. | | Consent Item | SUBJECT: Authorization to Utilize the Public Entity Agreement and a Five-Year Master License Agreement From the State of California Department of Technology for Microsoft Subscription Services With the Total Cost of the Agreement to be $895,455 and Authorization to Spend $223,864 Over the Duration of the Five-Year Agreement for Licenses, Additional Software, and Subscriptions
REPORT IN BRIEF
Approval to utilize the Public Entity Agreement and a Five-Year Master License Agreement from the State of California Department of Technology for Microsoft subscription services. The total cost of the agreement is $895,455 including associated administrative fees. Staff is requesting additional authorization to spend $223,864 over the agreement amount of $895,455 over the duration of the five-year agreement for additional licenses, software, and subscriptions.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bid requirements as stated in Section 3.04.210 of the Merced Municipal Code; and,
B. Authorizing the use of a five-year master license agreement with C | approved | Pass |
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21-680
| 1 | I.13. | | Consent Item | SUBJECT: Allocation of Fiscal Year 2020-21 Community Development Block Grant (CDBG) Program Resources to Fund a Subgrantee Agreement with Symple Equazion for the Respective Program Approved Within the Adopted 2020 Annual Action Plan
REPORT IN BRIEF
Considers authorizing the execution of a Community Development Block Grant (CDBG) Subgrantee agreement with Symple Equazion in the amount of $38,960 for the Aim High POWER Academy Program.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving an agreement for a program identified in the 2020 Department of Housing and Urban Development (HUD) Annual Action Plan using Community Development Block Grant (CDBG) funds from the 2020/21 Fiscal Year, per previous City Council recommendation for an agreement with Symple Equazion (“Aim High POWER Academy”) for Transitional Shelter Operating Costs and Employment/Life Skills Training for Shelter Residents in the amount of $38,960: and,
B. Authorizing the City Manager or the Deputy City Manager to execute, and if necessary, make minor modifications to the agreement described above and as att | approved | Pass |
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21-705
| 1 | I.15. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Approving Site Utilization Plan Revision #23 to Planned Development (P-D) #16 Changing the Land use Designation from “Single-Family Residential” to “Multi-Family Residential” for Approximately 6.3 acres of Land Generally Located on the South Side of Devonwood Drive Between Loughborough Drive and Austin Avenue
REPORT IN BRIEF
Second reading and final adoption of an ordinance introduced at the Council Meeting of August 16, 2021.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2531, an Ordinance of the City Council of the City of Merced, California, approving Site Utilization Plan Revision #23 to Planned Development (P-D) #16 changing the land use designation from “Single-Family Residential” to “Multi-Family Residential” for approximately 6.3 acres of land generally located on the south side of Devonwood Drive between Loughborough Drive and Austin Avenue. | approved | Pass |
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21-648
| 1 | I.11. | | Consent Item | SUBJECT: Adoption of a Resolution Authorizing Adoption of Caltrans’ Local Assistance Procedures Manual Chapter 10 and Approval of Professional Services Agreements with Dokken Engineering (Civil Design and Engineering), North Star Engineering (Civil Design, Engineering and Surveying), O’Dell Engineering (Civil Design, Engineering and Surveying), QK, Inc., (Surveying), NV5 (Geotechnical Engineering, Construction Observation, Materials Testing, and Traffic Engineering), Crawford & Associates (Geotechnical Engineering, Construction Observation, and Materials Testing), BSK Associates (Geotechnical Engineering, Construction Observation, and Materials Testing), Advanced Mobility Group (Traffic Engineering), and JLB Traffic Engineering (Traffic Engineering) to Provide Support Services for the City’s Capital Improvement Projects in a not Exceed Amount of $500,000 for Each Contract Based on the Consultant Hourly Rates Listed Within Exhibit B of Each Respective Agreement for the Contract Period Ending September 6, 2023
REPORT IN BRIEF
Considers approving multiple Professional Services Agreeme | approved | Pass |
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21-748
| 1 | I.12. | | Consent Item | SUBJECT: Authorization for the Use of Statement of Services for the G Street Water Transmission Line and Roadway Rehabilitation, From Bear Creek Drive to Park Avenue, Emergency Project - 121053
REPORT IN BRIEF
Consider authorization for the use of statement of services for the G Street Water Transmission Line and Roadway Rehabilitation, from Bear Creek Drive to Park Avenue, Emergency Project - 121053, which was declared an emergency due to a broken 12-inch water main.
RECOMMENDATION
City Council - Adopt a motion:
A. Deeming the G Street Water Transmission Line and Roadway Rehabilitation, from Bear Creek Drive to Park Avenue Project to be of urgent necessity for the preservation of life, health, or property based on the finding of facts; and,
B. Approving the emergency Statement of Services for Project 121053 with TBS Contractors, including subsequent change orders, in the total amount of $775,000.00; and,
C. Authorizing the City Manager to execute the necessary documents. | | |
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21-716
| 1 | I.14. | | Consent Item | SUBJECT: Approval of the 2022 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 2022 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 2022 and authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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21-740
| 1 | K.1. | | Business Item | SUBJECT: Review, Discussion and Direction Regarding a Public-Private Partnership with El Capitan, Mainzer, and the San Jose Sharks Foundation to Build an Outdoor Skate Park Rink at Applegate Park and Establish a Municipal Youth Hockey Program within the City of Merced
REPORT IN BRIEF
Review, discuss and provide staff direction regarding a public-private partnership to build an outdoor skate park at Applegate Park and establish a municipal Youth Hockey Program within the City of Merced.
RECOMMENDATION
Provide staff direction on the pursing the proposed Public-Private partnership and the use of the existing basketball courts at Applegate Park for an outdoor hockey facility | approved | Pass |
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21-742
| 1 | K.2. | | Business Item | SUBJECT: Review, Discussion and Direction Regarding Issuing Letters of Support for the Farm Workforce Modernization Act of 2021 (Immigration Reform Bill) to Federal Representatives
REPORT IN BRIEF
Review, discuss and provide staff direction regarding issuing letters of support to Federal Representatives for the Farm Workforce Modernization Act of 2021 (Immigration Reform Bill) as the proposed bill falls outside of the Adopted City of Merced Legislative Platform.
RECOMMENDATION
Provide direction to issuing Letters of Support for the Farm Workforce Modernization Act of 2021 (Immigration Reform Bill) to local Federal Representatives. | denied | Pass |
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21-625
| 1 | K.4. | | Business Item | SUBJECT: Citizens’ Oversight Committee - Measure V Appointment
REPORT IN BRIEF
Nomination for appointment to the Measure V Transportation Expenditure Plan - Citizens Oversight Committee.
RECOMMENDATION
City Council - Adopt a motion nominating a member to the City of Merced seat on the Citizens' Oversight - Measure V Committee. | approved | Fail |
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21-714
| 1 | K.3. | | Business Item | SUBJECT: Request to Display the Mexican Flag in Bob Hart Square in Honor of the 211th Anniversary of Mexican Independence on September 15th and 16th
REPORT IN BRIEF
Request from the Mexican Consulate to Display the Mexican Flag in Bob Hart Square on September 15th and 16th.
RECOMMENDATION
Provide direction to staff on the display of the Mexican Flag in Bob Hart Square in accordance with Council Policy C-7 regarding the display of commemorative flags. | approved | Pass |
Action details
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21-699
| 1 | J.1. | | Report Item | SUBJECT: Report on Pro-Housing Policies, Housing Production, Affordable Housing and Request for City Council Direction on Policies, Programs, and Other Actions
REPORT IN BRIEF
Report on Pro-Housing Policies, Housing Production Affordable Housing and Receive City Council Direction on Policies, Programs, and other Actions.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting the report on pro-housing policies, housing production, affordable housing; and,
B. Provide direction to staff on potential policies, programs, and actions in support of housing production and affordable housing. | approved as amended | Fail |
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21-707
| 1 | K.5. | | Business Item | SUBJECT: Council Member Ornelas’ Request to Discuss the Addition of Land Acknowledgement Language to the Agenda
REPORT IN BRIEF
Council Member Ornelas’ request to discuss the addition of land acknowledgement language to the agenda pursuant to City Council Administrative Policies and Procedures C-1.
RECOMMENDATION
Provide direction to staff on next steps. | approved | Pass |
Action details
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21-711
| 1 | K.6. | | Business Item | SUBJECT: Mayor Serratto’s Request to Discuss Potential Direction to Staff and/or the Arts and Culture Advisory Commission to Advertise and Issue an Open Call for Public Arts Projects
REPORT IN BRIEF
Mayor Serratto’s request to discuss potential direction to staff or the Arts and Culture Advisory Commission to advertise and issues an open call for public art projects pursuant to City Council Administrative Policies and Procedures C-1.
RECOMMENDATION
Provide direction to staff on next steps. | approved | Pass |
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21-673
| 1 | K.7. | | 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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21-674
| 1 | K.8. | | 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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