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Meeting date/time:
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11/4/2024
6:00 PM
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Minutes status:
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Draft
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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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24-1081
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 615 W. 15th Street, Merced, CA APN 031-360-060; Agency Negotiator: D. Scott McBride, City Manager; Frank Quintero, Deputy City Manager; Venus Rodriguez, Finance Officer; Craig J. Cornwell, City Attorney; Negotiating Parties: California High Speed Rail Authority, Under Negotiation: Appraisal of Property Pursuant to California Government Code Section 54956.8 | | |
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24-1082
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 755 W. 15th Street, Merced, CA APN 031-360-029; Agency Negotiator: D. Scott McBride, City Manager; Frank Quintero, Deputy City Manager; Venus Rodriguez, Finance Officer; Craig J. Cornwell, City Attorney; Negotiating Parties: California High Speed Rail Authority; Under Negotiation: Appraisal of Property Pursuant to California Government Code Section 54956.8 | | |
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24-1092
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - School Psychologist Week
REPORT IN BRIEF
Accepted by Merced Union High School District representatives Donna Hoffart, Angelica Navarrette Perez, and Antonio Rodriguez and Merced City School District representatives Christopher Bruening, Diane Taylor, Andrea Hoffman, Jelsyn Pritchard, Murial Banda, Danielle Sotelo, and Janette Ramirez. Also accepted by, Merced County Office of Education representatives Ashley Bateman, Kathere Williams, Denisse Gonzalez, Jason Whisenhunt, Arlette Magallon, Katherine Long, Arianna Ramirez, Cailan Gaede, and Shawnelle Brunger, Weaver Union School District representative Stephanie Martinez-Piuser, and Atwater Elementary School District representatives Cristina Rubalcava, Krushenka Salazar, Miriam Andrade, Alyssa Chavez, Jasmine Clark, April De La Cruz (CVA-CASP Board Member), and Karina Flores. | | |
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24-1039
| 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. | | |
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24-1080
| 1 | I.2. | | Consent Item | SUBJECT: Information Only Contracts for the Month of October 2024
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $38,000 and of Public Works contracts under $85,161. | | |
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24-1093
| 1 | I.3. | | Consent Item | SUBJECT: Approval of an Agreement Between the City of Merced and the Downtown Merced Property Owner’s Association to Administer the Downtown Merced Property-Based Improvement District and Authorizing the City Manager to Execute the Agreement
REPORT IN BRIEF
Considers approving the Agreement Between the City of Merced and the Downtown Merced Property Owner’s Association to Administer the Downtown Merced Property-Based Improvement District and Authorizing the City Manager to Execute the Agreement.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Agreement Between the City of Merced and the Downtown Merced Property Owner’s Association to Administer the Downtown Merced Property-Based Improvement District; and,
B. Authorizing the City Manager to Execute the Agreement Between the City of Merced and the Downtown Merced Property Owner’s Association to Administer the Downtown Merced Property-Based Improvement District in substantially the form on file with the City Clerk, with such changes thereto as may be approved as to form by the City Attorney. | | |
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24-1076
| 1 | I.4. | | Consent Item | SUBJECT: Award Construction Contract to American Paving Co., for the G Street Bridge Repair, Project No. CP230066, in the Amount of $148,400
REPORT IN BRIEF
Considers authorizing to waive the competitive bidding requirements for CP230066 and considers awarding a Construction Contract to American Paving Co., in the amount of $148,400 for the G Street Bridge Repair.
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. Awarding the G Street Bridge Repair, Project No. CP230066 to American Paving Co., in the amount of $148,400; and,
C. Authorizing the City Manager to execute the necessary documents and to approve change orders not to exceed 15% of the total contract. | | |
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24-1085
| 1 | I.5. | | Consent Item | SUBJECT: Adoption of a Resolution Assuring Timely Delivery for the 2024 Congestion Mitigation and Air Quality (CMAQ) Program Applications with Merced Association of Governments (MCAG)
REPORT IN BRIEF
Considers adopting a resolution assuring timely delivery of the 2024 Congestion Mitigation and Air Quality (CMAQ) program applications for two sidewalks projects in the City of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2024-103, a Resolution of the City Council of the City of Merced, California, Assuring Timely Delivery for the 2024 Congestion Mitigation and Air Quality (CMAQ) Program Applications with Merced Association of Governments (MCAG); and,
B. Authorizing the City Manager to execute all necessary documents. | | |
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24-1091
| 1 | I.6. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Repealing Chapter 8.30 (Regulation of Shopping Carts), and Adopting a New Chapter Pertaining to the Regulation of Shopping Carts in the City
REPORT IN BRIEF
Second reading and final adoption of an Ordinance Repealing Chapter 8.30 (Regulation of Shopping Carts) and Adopting a New Chapter Pertaining to the Regulation of Shopping Carts in the City with the intent of putting more emphasis on the shopping cart owners to maintain carts on-site, and to facilitate the removal of carts that are found off the premises of any store.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2569, an Ordinance of the City Council of the City of Merced, California, Repealing Chapter 8.30 (Regulation of Shopping Carts), and Adopting a New Chapter 8.30 Pertaining to the Regulation of Shopping Carts in the City. | | |
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24-968
| 1 | J.1. | | Public Hearing Item | SUBJECT: Public Hearing - Zoning Ordinance Amendment #24-01, Initiated by the City of Merced, Application Involves Changes to the Merced Zoning Ordinance (Title 20 of the Merced Municipal Code), Which Amends Merced Municipal Code Section 20.44.170 (Regulation of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required). This Amendment Would Clarify the Process to Amend or Provide Supplemental Application Materials, Clarify the Responsibility of the Applicant Relative to Meeting the Requirements of the Selection Criteria, Clarify the Process to Correct Potential Scoring Errors, Clarify the Qualified Commercial Cannabis Business Application List Timelines and Clarify the Process if There is a Failure for a Business to Meet the Clarified Timeline and Various Other Amendments
REPORT IN BRIEF
The City is proposing modifications to the City’s current cannabis ordinance found under Merced Municipal Code Section 20.44.170 - Regulations of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required. This ordinance amendment would clarify the process to | | |
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24-977
| 1 | J.2. | | Public Hearing Item | SUBJECT: Public Hearing Pursuant to the Tax Equity and Fiscal Responsibility Act (TEFRA) and Adoption of Resolution Approving the Issuance of Revenue Bonds by the California Municipal Finance Authority in an Aggregate Principal Amount not to Exceed $50,000,000 for the Purpose of Financing and Refinancing the Acquisition, Construction, Development, and Equipping of a 108-Unit Qualified Residential Property at 1808 Parsons Avenue, an Affordable Housing Project
REPORT IN BRIEF
Requests the City Council to conduct a TEFRA Public Hearing and consider adopting a resolution approving the issuance of Revenue Bonds by the California Municipal Finance Authority (CMFA) in an aggregate amount not to exceed $50,000,000 on behalf of Visionary Home Builders of California, Inc. for the purpose of financing or refinancing the acquisition, construction, improvement, and equipping the Bella Vista 108-unit Affordable Housing Project. The City will not have any financial or legal obligations for the tax-exempt status of the bonds, the debt service on the bonds, or for any other matter related to the pr | | |
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24-1075
| 1 | K.1. | | Action Items | SUBJECT: Opening of a Public Meeting for Public Input Regarding the Establishment and Levying of an Assessment for the Formation of a Tourism Based Improvement District (TBID) as Authorized in Merced City Council Resolution #2024-92
REPORT IN BRIEF
The Council is being asked to open a public meeting for public input on the establishment and levying of an assessment to create a Tourism Businesses Improvement District (TBID) as contained in Merced City Council Resolution #2024-92.
RECOMMENDATION:
City Council - Adopt a motion opening the public meeting period seeking public input regarding the establishment and levying of an assessment for the formation Tourism Business Improvement District, Resolution 2024-92, without acting until the public hearing is closed on December 2, 2024. | | |
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24-1084
| 1 | K.2. | | Action Items | SUBJECT: Seeking Direction on Other Reinvestment Options on the City Council Adopted American Rescue Plan Act (ARPA) Strategic Investment Plan
REPORT IN BRIEF
Seeking direction on other reinvestment options on the City Council adopted American Rescue Plan Act (ARPA) Strategic Investment Plan.
RECOMMENDATION
Provide staff direction on reinvestment options related to the ARPA Strategic Investment Plan. | | |
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24-1089
| 1 | K.3. | | Action Items | SUBJECT: Continued - Additional Information and Options Requested by Council in Order to Authorize Submission of a Formal Request to the U.S. Department of Housing and Urban Development (HUD) Asking for Voluntary Grant Reductions (VGRs) of Future CDBG and HOME Allocations in Lieu of Repayment from Local Funds; or Authorization to Make the Required Repayments to HUD from Local Funds; or Authorization for a Combined VGR and Local Fund Repayment from Either General Fund or Fund 1020 Affordable Housing, Stemming from the January 2020 HUD Environmental Monitoring Findings and Required Corrective Actions for the Gateway Terrace II Affordable Housing Project
REPORT IN BRIEF
Provides the City Council with additional options and information that was requested at the October 21, 2024, Council meeting to assist Council in authorizing the City Manager to move forward with a formal request to HUD to voluntarily reduce future CDBG and/or HOME annual allocations, or authorize repayment to HUD from General Fund and/or Fund 1020 Affordable Housing, or authorize a combined Voluntary Grant Reduction | | |
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24-1058
| 1 | K.4. | | Consent Item | SUBJECT: Approval of Additional Contingency in the Amount of $17,842.70 for Additional Work Which is Reflected in the Final Change Order with Tosted Asphalt, Inc., for the R St Sidewalk Replacement Childs Avenue to 13th Street, Project Number CP220024 to Close out the Project
REPORT IN BRIEF
Considers approving an increase to the contingency in the amount of $17,842.70 for Project No. CP220024 - R St Sidewalk Replacement Childs Avenue to 13th Street. This will be the final increase to close out the project.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Final Change Order with Tosted Asphalt, Inc., with an increase in contingency of $17,742.70, for a total contingency amount of $35,697.00, which is approximately 19.88% of the original contract amount; and,
B. Authorizing the City Manager to execute the necessary documents. | | |
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24-1045
| 1 | K.5. | | Action Items | SUBJECT: Approval to Accept and Appropriate $45,000 in the Fiscal Year 2021 State Homeland Security Grant Program (SHSGP) and Approval to Purchase a Fotokite Tethered Drone
REPORT IN BRIEF
Considers accepting and appropriating $45,000 of Fiscal Year 2021 SHSGP Grant program funds for the purchase of a Fotokite tethered drone for the Fire Department and to waive the competitive bidding requirement for the purchase.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting $45,000 from Fiscal Year 2021 SHSGP grant funds, increasing revenue in Fund 1000 General Fund Fire Department and appropriating the same for the purchase of a Fototkite tethered drone; and,
B. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code Section 3.04.210 for standardization of equipment; and,
C. Authorizing the City to purchase requested drone and associated equipment through LN Curtis and Sons for equipment costs not to exceed $45,000; and,
D. Authorizing the use of pooled cash to cover the appropriation until grant funds are reimbursed; and,
E. Authorizing | | |
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24-995
| 1 | K.6. | | Action Items | SUBJECT: Acceptance of the 2024 Interfacility Transport Ambulance Feasibility Study, Accepting a Report on Advanced Life Support First Response, Approving the Addition of One Fire Battalion Chief 40-Hour Position, and Approving the Supplemental Appropriation for the Purchase of One Vehicle and Three (3) Advanced Life Support Cardiac Monitors
REPORT IN BRIEF
Present City Council a report on the 2024 Interfacility Transport Ambulance Feasibility Study, provide an update on first responder advanced life support, and request additional resources to support the implementation of the first responder advanced life support program.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting the Merced Fire Department 2024 Interfacility Transport Ambulance Feasibility Study; and,
B. Accepting a report on First Responder Advanced Life Support (FRALS) as information only; and,
C. Approving Resolution 2024-104, a Resolution of the City Council of the City of Merced, California, Amending the Classification Plan by Updating the Personnel Allocation in the Fire Department by Adding One Fi | | |
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24-1107
| 1 | K.7. | | Action Items | SUBJECT: Introduction of an Ordinance Adding Chapter 8.60, “Vacant Building Limitations and Standards” to the Merced Municipal Code
REPORT IN BRIEF
Considers the introduction of a draft Ordinance adding Chapter 8.60, “Vacant Building Limitations and Standards” to create restrictions on ownership of commercial and residential vacant properties.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing and approving the first reading of Ordinance 2573, an Ordinance of the City Council of the City of Merced, California, Adding Chapter 8.60 “Vacant Building Limitations and Standards” to the Merced Municipal Code; and,
B. Setting the Ordinance for a second reading and adoption. | | |
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24-1094
| 1 | K.8. | | Action Items | SUBJECT: Introduction of an Ordinance Amending Chapter 8.22 to Add Fireworks Host Liability and Enforce Stricter Penalties
REPORT IN BRIEF
Considers introducing a draft Ordinance amending Chapter 8.22 to Fireworks Host Liability and enforce stricter penalties.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing and approving the first reading of Ordinance No. 2570, an Ordinance of the City Council of the City of Merced, California, amending Chapter 8.22 (Fireworks) to add Fireworks Host Liability; Enforce Stricter penalties; and Reorder/Renumber Certain Sections; and,
B. Set the Ordinance for a second reading and adoption. | | |
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24-1090
| 1 | K.9. | | Action Items | SUBJECT: Introduction of an Ordinance Adding Chapter 9.80, “Recreational Vehicle Parking Regulations” to the Merced Municipal Code
REPORT IN BRIEF
Considers the introduction of a draft Ordinance adding Chapter 9.80, “Recreational Vehicle Parking Regulations” prohibiting on-street parking from all residential zones in the City of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing and approving the first reading of Ordinance 2572, an Ordinance of the City Council of the City of Merced, California, Adding Chapter 9.80 “Recreational Vehicle Parking Regulations” to the Merced Municipal Code; and,
B. Set the Ordinance for a second reading and adoption. | | |
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24-1088
| 1 | K.10. | | Action Items | SUBJECT: Introduction of an Ordinance Amending Chapter 9.51, “Camping and Storage of Personal Property” of the Merced Municipal Code
REPORT IN BRIEF
Considers the introduction of a draft Ordinance amending Chapter 9.51, “Camping and Storage of Personal Property” to create restrictions on camping in public spaces with the City of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing and approving the first reading of Ordinance 2568, an Ordinance of the City Council of the City of Merced, California, Amending Chapter 9.51 “Camping and Storage of Personal Property” of the Merced Municipal Code; and,
B. Set the Ordinance for a second reading and adoption. | | |
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24-1040
| 1 | L.1. | | 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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24-1038
| 1 | L.2. | | 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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