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Meeting date/time:
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12/18/2023
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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23-1095
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative: City Manager Scott McBride; Employee Organizations: Merced Police Officers’ Association (MPOA) and Merced Association of Police Sergeants (MAPS). AUTHORITY: Government Code Section 54957.6 | | |
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23-1097
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative: City Manager Scott McBride; Employee Organizations: International Association of Fire Fighters, Local 1479. AUTHORITY: Government Code Section 54957.6 | | |
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23-1099
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative: City Manager Scott McBride; Unrepresented Management AUTHORITY: Government Code Section 54957.6 | | |
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23-1101
| 1 | B.4. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative(s): City Manager Scott McBride; Employee Organizations: American Federation of State, County, and Municipal Employees (AFSCME) Council 57 and Merced Association of City Employees (MACE). AUTHORITY: Government Code Section 54957.6 | | |
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23-1103
| 1 | B.5. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9 (d)(4): one (1) Potential Case | | |
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23-1130
| 1 | B.6. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9, City of Merced et al v. State of California, et al, Superior Court of California County of Merced, Case No. 23CV-03845 Case Status Update | | |
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23-1064
| 1 | F.1. | | Special Presentation Item | SUBJECT: Presentation from the Merced County Registrar of Voters
REPORT IN BRIEF
A presentation will be given by the Merced County Registrar of Voters. | | |
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23-1086
| 1 | G.1. | | Ceremonial Matter Item | SUBJECT: Oath of Office - City Attorney, Craig Cornwell
REPORT IN BRIEF
The Mayor will swear in City Attorney, Craig Cornwell. | | |
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23-1014
| 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. | approved | Pass |
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23-1120
| 1 | J.2. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority/Successor Agency to the Redevelopment Agency Meeting Minutes of April 3, 2023, October 16, 2023, November 6, 2023
REPORT IN BRIEF
Official adoption of previously held meeting minutes.
RECOMMENDATION
City Council/Public Financing and Economic Development/Parking Authority/Successor Agency to the Redevelopment Agency - Adopt a motion approving the meeting minutes of April 3, 2023, October 16, 2023, and November 6, 2023. | approved | Pass |
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23-1066
| 1 | J.4. | | Consent Item | SUBJECT: Approval of First Amendment to the Agreement for Professional Services with Precision Civil Engineering, Inc. for Various Zoning Code Updates
REPORT IN BRIEF
Considers approving the First Amendment to the Agreement for Professional Services with Precision Civil Engineering, Inc., extending the completion date to prepare various Zoning Code updates.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the First Amendment to Agreement for Professional Services with Precision Civil Engineering, Inc. (PCE), extending the completion date to align with the extended grant end date to prepare various Zoning Code updates; and,
B. Authorizing the City Manager or Deputy City Manager to execute the agreements and any necessary documents. | approved | Pass |
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23-1090
| 1 | J.7. | | Consent Item | SUBJECT: Approval of an Interdepartmental Memorandum of Understanding (IMOU) Between the City of Merced Housing Division and the City of Merced Engineering Department in an Amount not to Exceed $107,432; and Approval to Award a Bid to the Lowest Responsive Bidder, Taylor Backhoe Service, Inc. dba TBS Contractors, for Project CP240046 - CDBG Mini Park ADA Improvements, in the Amount of $91,119.38
REPORT IN BRIEF
Considers approving an Interdepartmental Memorandum of Understanding (IMOU) between the Housing Division and the Engineering Department for administration of Community Development Block Grant (CDBG) public facility improvement project funding; and considers approving to award a Construction Contract to the Lowest Responsive Bidder, Taylor Backhoe Service, Inc. dba TBS Contractors, in the amount of $91,119.38.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Interdepartmental Memorandum of Understanding (IMOU) between the Housing Division and the Engineering Department for administration of 2022 Community Development Block Grant (CDBG) funds in the amount | approved | Pass |
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23-1067
| 1 | J.8. | | Consent Item | SUBJECT: Award Bid to Ferguson Enterprises LLC and PACE Supply Corp., and Approve Issuance of Purchase Orders (PO) in a not to Exceed Amount of $400,000 for Year One, and $435,000 for Year Two for the Purchase of Waterworks Supplies
REPORT IN BRIEF
Considers awarding the waterworks supplies’ bid by line item to Ferguson Enterprises LLC and PACE Supply Corp. in accordance with the attached price list, which shows the low bidder highlighted in green for each item for years one and two. Considers approving the issuance of POs to each vendor for the procurement of waterworks supplies in a not-to-exceed amount of $400,000 in combined purchases for calendar year 2024, and $435,000 for calendar year 2025 to account for potential inflation of about 8%.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the bid for the supply of water works supplies to Ferguson Enterprises LLC and PACE Supply Corp.; and,
B. Authorizing the Purchasing Supervisor to issue POs to each vendor for 2024 and 2025 for a not-to-exceed amount of $400,000 and $435,000 respectivel; and,
C. Authorizing | approved | Pass |
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23-1074
| 1 | J.9. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Authorizing the Purchase of One Front Loader Refuse Truck for $364,147.91 for the Refuse Department Through a Cooperative Purchasing Agreement with Sourcewell
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 and authorizing the purchase to be made with a cooperative purchase agreement through Sourcewell, a government procurement program; and,
B. Approving the purchase of one Front Loader Refuse Truck in the amount of $364,147.91 from Ruckstell California Sales Co., Inc., through Sourcewell contract # 091219-NWY; and,
C. Authorizing the City Manager or the Deputy City Manager to execute any necessary documents for the purchase specified above; and,
D. | approved | Pass |
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23-1075
| 1 | J.10. | | Consent Item | SUBJECT: Award Bid to Pac Machine Company for the Purchase of One New Godwin Portable Engine Driven 6-inch Self-Priming Pump in the Amount of $57,372.50 for the Public Works Storm Division
REPORT IN BRIEF
Considers awarding the bid to Pac Machine Company for a Godwin portable engine driven 6-inch self-priming pump using approved 2023/2024 funds.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the bid to Pac Machine Company for a Godwin portable engine driven 6-inch self-priming pump in the amount of $57,372.50; and,
B. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents; and,
C. Authorizing the Finance Officer the make the necessary budget adjustments; and,
D. Authorizing 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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23-648
| 1 | J.11. | | Consent Item | SUBJECT: Confirm Well 18 Repairs as an Urgent Necessity for the Preservation of Life, Heath and Property, and Ratify a Statement of Services Contract with Shannon Pump Company in the Amount of $211,548.84
REPORT IN BRIEF
Staff requests City Council to confirm an urgent Statement of Services Contract with Shannon Pump Company for repairs necessary to return Well 18 to service, which was determined an urgent necessity due to multiple wells being out of service simultaneously.
RECOMMENDATION
City Council - Adopt a motion:
A. Declaring that the repair and return to service of Well 18 constitutes an urgent necessity for the preservation of life, health and property; and,
B. Ratifying the emergency Statement of Services Contract with Shannon Pump Company, including subsequent change orders, in the amount of $211,548.84 for Well 18 Repairs; and,
C. Authorizing the City Manager or Deputy City Manager to execute the necessary documents; and,
D. Authorizing the Finance Officer to make the necessary budget adjustments. | approved | Pass |
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23-1119
| 1 | J.13. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Amending Sections 10.28.230 “No Parking Zones,” 10.28.231, “No Truck Parking Zones,” 10.28.275, “Disabled Persons - On-Street Parking,” And 10.28.295, “Limited Time Parking Zones - Three Hours” of the Merced Municipal Code
REPORT IN BRIEF
Second reading and final adoption of an Ordinance Amending Sections 10.28.230 “No Parking Zones,” 10.28.231, “No Truck Parking Zones,” 10.28.275, “Disabled Persons - On-Street Parking,” And 10.28.295, “Limited Time Parking Zones - Three Hours” of the Merced Municipal Code.
RECOMMENDATION
City Council - Adopt a motion, adopting Ordinance 2558, an Ordinance of the City Council of the City of Merced, California, Amending Sections 10.28.230 “No Parking Zones,” 10.28.231, “No Truck Parking Zones,” 10.28.275, “Disabled Persons - On-Street Parking,” And 10.28.295, “Limited Time Parking Zones - Three Hours” of the Merced Municipal Code. | approved | Pass |
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23-994
| 1 | J.6. | | Consent Item | SUBJECT: Assignment and Assumption of Easement for Arbor Walkway South to City of Merced
REPORT IN BRIEF
Considers approving the Assumption of Easement of Arbor Walkway south located at 534 West Main Street to the City of Merced.
RECOMMENDATION
Successor Agency - Adopt a motion:
A. Approving the Assignment and Assumption of Easement to the City of Merced, a California Charter Municipal; and,
B. Authorizing the Executive Director or designee to execute the necessary documents. | approved | Pass |
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Video
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23-870
| 1 | J.3. | | Consent Item | SUBJECT: Authorization to Accept $46,169 in Grant Funds from the 2023 Edward Byrne Justice Assistance Grant (JAG) Program for the Merced Police Department to Purchase Supplies for SWAT and a Computer for the Real Time Crime Center
REPORT IN BRIEF
Considers authorizing to accept grant funding from the US Department of Justice offered to the Merced Police Department in the amount of $46,169 from the 2023 Edward Byrne Justice Assistance Grant (JAG) program to purchase supplies for SWAT and a computer for the Real Time Crime Center.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting the grant; and,
B. Approving the use of pooled cash until grant funds are reimbursed; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments; and,
D. Authorizing the Merced Police Department and the City Manager to execute all necessary documents. | approved | Pass |
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Video
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23-1094
| 1 | J.12. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Approve the Purchase of Two Traffic Signal Detection Systems from Iteris, Inc., in the Amount not to Exceed $51,000
REPORT IN BRIEF
Considers approving to waive the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 and approving the purchase of two traffic signal detection systems.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code Section 3.4.210 for purchases necessary for standardization on particular types of equipment; and,
B. Approving the purchase of traffic signal detection systems from Iteris, Inc., in the amount not to exceed $51,000; and,
C. Authorizing the City buyer to issue the purchase order(s); and,
D. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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Video
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23-1068
| 1 | K.1. | | Public Hearing Item | SUBJECT: Adoption of a Resolution to Increasing the Fine for Commercial Trucks Illegally Parked in Residential Districts
REPORT IN BRIEF
Considers adopting a Resolution approving the raising the bail schedule for commercial trucks illegally parking in residential areas, MMC 10.28.290, from $43.00 to $150.00 per citation.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2023-94, a Resolution of the City Council of the City of Merced, California, Rescinding Resolution No. 2010-95 and Establishing Parking Penalties and Charges and Authorizing the City Manager to Implement Administrative Policies and Procedures for Processing Parking Citations. | approved | Pass |
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23-1124
| 1 | L.1. | | Report Item | SUBJECT: Provide Direction on Graffiti Abatement Request for Proposal and Public Art Request for Proposal, Prioritize Certain Public Amenities in the Public Art RFP Process
REPORT IN BRIEF
Considers a draft Graffiti Abatement Request for Proposals and Public Art Request for Proposals and provide staff with direction, as well as consider prioritizing certain public amenities for the Public Art Request for Proposals to serve as a deterrent to unauthorized graffiti.
RECOMMENDATION
City Council -
A. Provide direction to staff on Graffiti Abatement Request for Proposals and Public Art Request for Proposals; and,
B. Considers prioritizing certain public amenities for Public Art Request for Proposals as a deterred to unauthorized graffiti. | approved | Pass |
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23-1117
| 1 | L.2. | | Report Item | SUBJECT: Review and Discuss Potential Updates to Chapter 20.144.170 Regulations of Commercial Cannabis Activities - Commercial Cannabis Business Permits Update
REPORT IN BRIEF
Review and discuss potential updates to Chapter 20.44.170 Regulation of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required including consideration of cannabis consumption lounges, modifications to permitting process for non-retail cannabis business permits, establishing a process to allow for scoring changes in the event of an error, clarify timing for the established Cannabis Business Application List based on final determination of an appeal, and other amendments creating a separate chapter within the Zoning Code for Cannabis.
RECOMMENDATION
Review and provide Staff direction on revisions and/or next steps. | approved | Pass |
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Video
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23-1025
| 1 | J.5. | | Report Item | SUBJECT: Adoption of a Resolution for an Exemption to CalPERS 180-Day Wait Period to Hire a Temporary Planning Manager to Fill a Critical Need in the Planning Department Pursuant to Government Code Sections 7522.56 and 21224
REPORT IN BRIEF
Considers adopting a Resolution approving the hiring of Julie Nelson as an extra-help retired annuitant to perform the duties of Planning Manager under Government Code sections 7522.56 and 21224, effective December 19, 2023.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2023-93, a Resolution of the City Council of the City of Merced, California, for exemption to the 180-day wait period pursuant to Government Code sections 7522.56 and 21224. | approved | Pass |
Action details
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Video
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23-1105
| 1 | M.1. | | Business Item | SUBJECT: Mayor Serratto’s Request for a Update on Storm Preparation Efforts
REPORT IN BRIEF
Mayor Serratto’s request for an update on storm preparation efforts.
RECOMMENDATION
Provide direction to staff on the next steps. | | |
Action details
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Video
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23-1106
| 1 | M.2. | | Business Item | SUBJECT: Council Member Xiong’s Request to Discuss a Resolution Calling for the Cease Fire
REPORT IN BRIEF
Council Member Xiong’s request to discuss a Resolution calling for the cease fire.
RECOMMENDATION
Provide direction to staff on the next steps. | approved | Fail |
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23-1088
| 1 | M.3. | | Business Item | SUBJECT: Council Member Xiong’s Request to Discuss the Land Use Plan for the Truck Parking Lot
REPORT IN BRIEF
Council Member Xiong’s request to discuss the land use plan for the truck parking lot.
RECOMMENDATION
Provide direction to staff on the next steps. | tabled | Pass |
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23-1087
| 1 | M.4. | | Business Item | SUBJECT: Introduction of City Council Designated Representative(s) to Various Organizations and Areas of Interest Related to City Business
REPORT IN BRIEF
Introduction of City Council Designated Representative assignments for 2024. Final assignments will be adopted by January 2024.
RECOMMENDATION
City Council - Information Only. | approved | Pass |
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23-1010
| 1 | M.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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23-1012
| 1 | M.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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