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Meeting date/time:
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3/15/2021
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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21-211
| 1 | B.1. | | Study Session Item | SUBJECT: Joint Study Session with the City Council and the Recreation and Parks Commission to Discuss All Matters Pertaining to Recreation and Parks Including Recreation and Parks Budgeting Priorities, Youth Services, Community Partnerships, and City Playground and Parks Upkeep, Repairs and Maintenance
REPORT IN BRIEF
A joint Study Session with the City Council and the Recreation and Parks Commission to discuss all matters pertaining to recreation and parks. | | |
Action details
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Video
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21-188
| 1 | G.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 |
Action details
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Not available
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20-638
| 1 | G.2. | | Consent Item | SUBJECT: Information Only - Recreation & Parks Commission Minutes of September 23, 2019, August 24, 2020, September 28, 2020, October 26, 2020, November 23, 2020
RECOMMENDATION
For information only. | approved | Pass |
Action details
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Not available
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21-181
| 1 | G.3. | | Consent Item | SUBJECT: Information Only - Planning Commission Minutes of February 3, 2021
RECOMMENDATION
For information only. | approved | Pass |
Action details
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21-212
| 1 | G.4. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of January 19, February 1, and February 11, 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 January 19, February 1, and February 11, 2021. | approved | Pass |
Action details
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Not available
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21-240
| 1 | G.5. | | Consent Item | SUBJECT: Approval of the Second Amendment to the Agreement for Legal Services with Lozano Smith, LLP, in the Additional Amount of $60,000 and the Total Not-to-Exceed Amount of $150,000
REPORT IN BRIEF
Considers approving the Second Amendment to the Agreement for legal services with Lozano Smith, LLP, in the additional amount of $60,000 and the total not-to-exceed amount of $150,000.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Second Amendment to an agreement for legal services with Lozano Smith, LLP in the additional amount of $60,000; and,
B. Approving the reduction of $60,000 in Fund 672-Support Services Professional Services expense, transferring to the General Fund and appropriating the same in the City Attorney’s Professional Services account line; and,
C. Authorizing the City Manager or designee to execute the necessary documents. | approved | Pass |
Action details
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Not available
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21-241
| 1 | G.6. | | Consent Item | SUBJECT: Approval of the First Amendment to the Agreement with Jackson Lewis, P.C., for Additional Compensation of $90,000 and the Total not to Exceed Contracted Amount of $120,000 for Special Legal Services Related to the City’s Self Insured Retention for Employment Risk Management Authority (ERMA) Personnel Related Matters
REPORT IN BRIEF
Considers the approval of the First Amendment to the Agreement between the City of Merced and Jackson Lewis, P.C., for specialized legal services related to ERMA covered personnel matters.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the First Amendment to the Agreement with Jackson Lewis, P.C. for an amount not to exceed $120,000 related to legal services for the City’s self-insured retention; and,
B. Approving the reduction of $58,000 in Fund 672-Support Services expense, transferring to the General Fund and appropriating the same in the City Attorney’s Professional Service account line; and,
C. Approving a Supplemental Appropriation in the amount of $32,000 from the General Fund unreserved, unencumbered Fund Balance; an | approved | Pass |
Action details
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Not available
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21-132
| 1 | G.7. | | Consent Item | SUBJECT: Adoption of Resolution Approving Final Map 5367 (Cypress Terrace 7, Phase A) for 33 Single-Family Lots, Generally Located South of Gerard Avenue, West of M Street, and the Approval of the Subdivision Agreement for Cypress Terrace 7, Phase A
REPORT IN BRIEF
Considers the approval of Final Map #5367 for 33 single-family lots, generally located south of Gerard Avenue, west of M Street, and the Subdivision Agreement for Cypress Terrace 7, Phase A.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2021-18, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for the Cypress Terrace 7, Phase A Subdivision (#5367); and,
B. Approving the Subdivision Agreement for Cypress Terrace 7, Phase A; and,
C. Authorizing the City Manager or designee to execute all necessary documents. | approved | Pass |
Action details
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Not available
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21-134
| 1 | G.12. | | Consent Item | SUBJECT: Authorization to Accept and Appropriate a Donation of Eight Thousand One Hundred Sixty-Six Dollars and Sixty-Two Cents ($8,166.62) from the Merced Police Officers Association (MPOA) to be Used to Purchase a Police Dog for the Merced Police K9 Unit
REPORT IN BRIEF
Considers accepting and appropriating a donation of eight thousand one hundred and sixty-six dollars and sixty-two cents ($8,166.62) from MPOA to offset the costs of purchasing a Police Dog.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting a donation of $8,166.62 from MPOA for use in the Merced Police K9 Unit; and,
B. Increasing Contributions and Donations revenue account #001-1001-360-02-01 in the amount of $8,167 and appropriating the same amount to account #001-1001-523-43-00 to offset the costs of purchasing a police dog for the Merced Police K9 Unit; and,
C. Authorizing the Mayor to execute the Donation Acceptance Agreement. | approved | Pass |
Action details
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Not available
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21-194
| 1 | G.13. | | Consent Item | SUBJECT: Adoption of a Resolution Changing the Name of the Merced Regional Airport to Merced Yosemite Regional Airport
REPORT IN BRIEF
At February 16, 2021 meeting of the Merced City Council, staff was directed to prepare a resolution of the City Council of the City of Merced, California, changing the name of the Merced Regional Airport to Merced Yosemite Regional Airport.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2021-20, a Resolution of the City Council of the City of Merced, California, changing the name of the Merced Regional Airport to Merced Yosemite Regional Airport and authorizing the City Manager or designee to execute all necessary documents to complete the name change. | approved | Pass |
Action details
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Not available
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20-645
| 1 | G.14. | | Consent Item | SUBJECT: Approval of Agreement with the Merced Main Street Association for $46,370 for Services and the Administration of the Downtown Business Improvement Area for Fiscal Year 2020-2021
REPORT IN BRIEF
Considers approving an agreement between the City of Merced and the Merced Main Street Association for $46,370 to provide services to the Downtown Business Improvement Area during Fiscal Year 2020-2021.
RECOMMENDATION
City Council - Adopt a motion approving the agreement with the Merced Main Street Association for Downtown Services for 2020-2021 in the amount of $46,370.00 and authorizing the City Manager or designee to execute the necessary documents. | approved | Pass |
Action details
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Not available
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21-246
| 1 | G.15. | | Consent Item | SUBJECT: Adoption of a Resolution Delegating Authority to the City Manager to Make Industrial Disability Determinations Pursuant to the Public Employees Retirement System Including but not Limited to, Government Code Sections 21152(c) and 21173
REPORT IN BRIEF
The City of Merced has a need to submit an application of disability retirement to CalPERS. Upon notice of acceptance of application, CalPERS requires the adoption of resolution designating the signing authority when submitting Industrial Disability applications.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2021-21, a Resolution of the City Council of the City of Merced, California, delegating authority to the City Manager to make Industrial Disability determinations pursuant to the Public Employees Retirement System including, but not limited to, Government Code Sections 21152(c) and 21173. | approved | Pass |
Action details
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Not available
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21-249
| 1 | G.16. | | Consent Item | SUBJECT: Approval of the Purchase and/or Installation of Public Safety Vehicle Parts in an Amount not to Exceed $70,212.04 from Emergency Vehicle Outfitters (EVO) and Shafeel Hussein
REPORT IN BRIEF
Considers approving the purchase and/or installation of Public Safety vehicle parts from EVO and Shafeel Hussein.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving purchases and/or installation of Public Safety vehicle parts in an amount not to exceed $70,212.04 from EVO and Shafeel Hussein; and,
B. Authorizing the City Manager or designee to execute any necessary documents. | approved | Pass |
Action details
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Not available
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21-209
| 1 | G.18. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance to Amend Merced Municipal Code Section 20.42 Regarding Accessory Dwelling Units (ADU’s) to Meet the Modified Requirements of State Law in Regards to Minimum Lot Sizes, Owner-Occupancy Requirements, Maximum Size of an ADU, Application Review Times, Parking Requirements, the Charging of Impact Fees, the Sale of ADU’s, “Junior ADU’s,” and Other Requirements of State Law
REPORT IN BRIEF
Second reading and final adoption of an ordinance that would modify the City’s zoning requirements for “accessory dwelling units” (ADU’s) to meet the modified requirements of State Law in regards to minimum lot sizes, owner-occupancy requirements, maximum size of an ADU, application review times, parking requirements, the charging of impact fees, the sale of ADU’s, “junior ADU’s,” and other requirements of State Law.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance No. 2521, An Ordinance of the City Council of the City of Merced, California, Amending Sections 20.42 "Accessory Dwelling Units" of the Merced Municipal Code. | approved | Pass |
Action details
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Not available
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21-133
| 1 | G.8. | | Consent Item | SUBJECT: Adoption of Resolution Approving Final Map 5383 (Stoneridge South, Phase 3 Subdivision) for 32 Single-Family Lots, Generally Located East of G Street, Between Winder Avenue and Mission Avenue, and the Approval of the Subdivision Agreement for Stoneridge South, Phase 3 Subdivision
REPORT IN BRIEF
Considers the approval of Final Map #5383 for 32 single-family lots, generally located east of G Street, between Winder Avenue and Mission Avenue, and the Subdivision Agreement for Stoneridge South, Phase 3.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2021-19, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for the Stoneridge South, Phase 3 Subdivision (#5383); and,
B. Approving the Subdivision Agreement for Stoneridge South, Phase 3; and,
C. Authorizing the City Manager or designee to execute all necessary documents. | approved | Pass |
Action details
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Video
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21-174
| 1 | G.9. | | Report Item | SUBJECT: Acceptance of the 2020 General Plan Annual Report Summarizing the Status of the Merced Vision 2030 General Plan and the Steps Taken to Implement the General Plan Policies and Implementation Actions and Acceptance of the 2020 Housing Element Annual Progress Report Summarizing the City’s Progress in Meeting the City’s Share of Regional Housing Needs and the Goals and Policies of the Housing Element Including Number of Entitlements, Permits, and Certificates of Occupancy for All Housing Types
REPORT IN BRIEF
Accepts for information only the 2020 General Plan Annual Progress Report and the 2020 Housing Element Annual Progress Report and allows the public an opportunity to provide oral testimony and written comments regarding the 2020 Housing Element Annual Progress Report.
RECOMMENDATION
City Council - Adopt a motion accepting the 2020 General Plan Annual Report and the 2020 Housing Element Annual Progress Report for information only. | approved | Pass |
Action details
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Video
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21-178
| 1 | G.10. | | Consent Item | SUBJECT: Land Use Determination #21-01- Finding of Public Convenience or Necessity for 7-Eleven Gas Station and Convenience Market Located at the Northeast Corner of Yosemite Avenue and G Street as Required by the Department of Alcoholic Beverage Control to Issue a Type 20 Alcohol License Which Allows the Sale of Beer and Wine
REPORT IN BRIEF
Considers making a Finding of Public Convenience or Necessity (PCN), as required by the Department of Alcoholic Beverage Control (ABC) to issue a Type 20 alcohol license (off-sale allowing the sale of beer and wine) for 7-Eleven Gas Station and Convenience Market located at the northeast corner of Yosemite Avenue and G Street.
RECOMMENDATION
City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow 7-Eleven Gas Station and Convenience Market, located at the northeast corner of Yosemite Avenue and G Street, to obtain a Type 20 license for off-sale allowing the sale of beer and wine (Option #1 as shown in the “Council Action” section of this Administrative Report). | approved | Pass |
Action details
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Video
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21-177
| 1 | G.11. | | Consent Item | SUBJECT: Adoption of Resolution of the Housing Successor Agency to the Merced Redevelopment Agency Declaring Certain Properties as Exempt Surplus Land and Providing Direction Pursuant to the Surplus Land Act for the Disposition of Housing Successor Agency Properties
REPORT IN BRIEF
This Resolution declares certain properties as exempt surplus land and provides direction pursuant to the Surplus Land Act for the disposition of Housing Successor Agency properties.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2021-17, a Resolution of the City Council of the City of Merced, California, acting as the Housing Successor Agency to the Merced Redevelopment Agency, declaring certain properties as exempt surplus land and directing the City Manager to follow the procedures set forth in the Surplus Lands Act for the disposition of Housing Successor properties. | approved | Pass |
Action details
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Video
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21-208
| 1 | G.17. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance to Amend Merced Municipal Code Section 20.10 Regarding Commercial Zoning Districts (Zoning Ordinance Amendment #20-01) by Expanding the List of Permitted Uses and Reducing the Amount of Floor Area Devoted to the Sale of Groceries in the Shopping Center Commercial (C-SC) Zone; Adding Breweries, Wineries, and Distilleries to the List of Permitted Uses in Various Commercial Zones; Allowing Food Trucks in the City Center Area of the Regional/Central Commercial Zone (C-C); and Changing the Level of Review Required for Personal Services in Various Commercial Zones
REPORT IN BRIEF
Second reading and final adoption of an Ordinance to amend the Zoning Ordinance regarding Commercial Zoning Districts by expanding the list of permitted uses and reducing the amount of floor area devoted to the sale of groceries in the Shopping Center Commercial (C-SC) zone; adding Breweries, Wineries, and Distilleries to the list of permitted uses in various Commercial zones; allowing food trucks in the City Center area of the Regional/Central Commer | approved | Pass |
Action details
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Video
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21-231
| 1 | H.1. | | Public Hearing Item | SUBJECT: Conduct a Public Hearing to Consider the Work and Expense Report for the Abatement Work Done at 1050 Rambler Road (Abatement of Public Nuisance and Demolition of Building), Assess the Expenses/Charges for the Nuisance Abatement Work on the Assessment Roll and Approve the Filing and Recording of a Special Assessment and Lien Upon the Property for Said Expenses and Charges
REPORT IN BRIEF
Requests the City Council to conduct a Public Hearing and consider adopting a resolution approving the work and expense report for the abatement work done for 1050 Rambler Road, assessing a charge therefor and approving a lien against the property.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2021-22, a Resolution of the City Council of the City of Merced, California, confirming the cost assessment report relating to the nuisance abatement done at 1050 Rambler Road, Merced, California, (APN 007-022-002-000), assessing the expense and charges for the abatement work on the assessed roll, approving the filing and recording of a special assessment and lien against th | approved | Pass |
Action details
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Video
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21-143
| 1 | I.1. | | Report Item | SUBJECT: Direction on Possible Changes to the Commercial Cannabis Business Permits Ordinance Including, but not limited to, the Merit Based Selection Process, the Current Tax Rates, Inspection Procedures, Labor Peace Agreements, Safety Standards, Allowable Zones and Regulatory Fees
REPORT IN BRIEF
City staff will provide an update on the history and current status of commercial cannabis businesses in Merced. Among other considerations, seeking Council direction on the number of retail permits, local preference, taxes and fees, inspections, possible expansion to other zoning districts, and other items relating to the Ordinance.
RECOMMENDATION
Provide staff with direction on items relating to the cannabis Ordinance and related matters. | | |
Action details
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Video
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21-190
| 1 | I.2. | | Report Item | SUBJECT: Update on North Merced Annexation Feasibility Study: Annexation Pre-Application Process and Conditional Wastewater Collection Capacity Allocation Process
REPORT IN BRIEF
City staff will present details about the proposed Annexation Pre-application Process and Conditional Wastewater Collection Capacity Allocation Process developed in response to the North Merced Annexation Feasibility Study.
RECOMMENDATION
Provide direction to staff on any proposed changes to the Annexation Pre-application Process and Conditional Wastewater Collection Capacity Allocation Process. | | |
Action details
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Video
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21-239
| 1 | J.1. | | Business Item | SUBJECT: Approval of the the City Council FY 2021/22 Goals and Priorities to Include Public Safety, Economic Development & Downtown, Parks & Recreation, Housing & Homelessness, and Public Works & City Beautification
REPORT IN BRIEF
Adoption of the FY 2021/22 Goals and Priorities to include Public Safety, Economic Development & Downtown, Parks & Recreation, Housing & Homelessness, and Public Works & City Beautification.
RECOMMENDATION
City Council - Adopt a motion approving FY 2021/22 Goals and Priorities. | approved | Pass |
Action details
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Video
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21-185
| 1 | J.2. | | Business Item | SUBJECT: Discussion on the Format of Future City Council Meetings During COVID-19
REPORT IN BRIEF
Discuss the format of City Council Meetings.
RECOMMENDATION
Provide staff direction on the format of future City Council Meetings. | | |
Action details
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Video
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21-186
| 1 | J.3. | | 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. | | |
Action details
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Video
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21-187
| 1 | J.4. | | 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. | | |
Action details
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Video
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21-189
| 1 | K.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Paragraph (1) of Subdivision (d) of Government Code section 54956.9, Name of Case: Travis Lawrie v. City of Merced; 20CV-02335 | | |
Action details
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21-245
| 1 | K.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION; Reginald Matthews v. City of Merced; Workers Compensation Appeals Board Case No. FRE-ADJ 11117758; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
Action details
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21-244
| 1 | K.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION; Donald King v. City of Merced; Workers Compensation Appeals Board Case No. FRE-ADJ 13282906; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
Action details
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21-238
| 1 | K.4. | | Closed Session Item | SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: Surface Water Purchase, Merced, CA; Agency Negotiator: Stephanie Dietz, City Manager, City of Merced; Negotiating Parties: Merced Irrigation District and City of Merced and; Under Negotiation: Price and Terms of Payment | | |
Action details
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21-237
| 1 | K.5. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative: City Manager Stephanie Dietz; Employee Organization: International Association of Fire Fighters. AUTHORITY: Government Code Section 54957.6 | | |
Action details
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