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Meeting date/time:
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6/3/2024
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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24-557
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Reinero v. City of Merced, et al., Case Number 18CV-03052 Pursuant to California Government Code Section 54956.9(d)(1) | | |
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24-539
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representatives: City Manager Scott McBride, Deputy City Manager Frank Quintero, Finance Officer Venus Rodriguez, Human Resources Manager Suzanne Fierro, LCW Legal Representative Che Johnson, and LCW Legal Representative Michael Jarvis; Employee Organizations: Merced Police Officers’ Association (MPOA) and Merced Association of Police Sergeants (MAPS). AUTHORITY: Government Code Section 54957.6 | | |
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24-540
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative(s): City Manager Scott McBride, Deputy City Manager Frank Quintero, Finance Officer Venus Rodriguez, Human Resources Manager Suzanne Fierro, LCW Legal Representative Che Johnson, and LCW Legal Representative Michael Jarvis; 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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24-541
| 1 | B.4. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representatives: City Manager Scott McBride, Deputy City Manager Frank Quintero, Finance Officer Venus Rodriguez, Human Resources Manager Suzanne Fierro, LCW Legal Representative Che Johnson, and LCW Legal Representative Michael Jarvis; Unrepresented Management AUTHORITY: Government Code Section 54957.6 | | |
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24-542
| 1 | B.5. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representatives: City Manager Scott McBride, Deputy City Manager Frank Quintero, Finance Officer Venus Rodriguez, Human Resources Manager Suzanne Fierro, LCW Legal Representative Che Johnson, and LCW Legal Representative Michael Jarvis; Employee Organizations: International Association of Fire Fighters, Local 1479. AUTHORITY: Government Code Section 54957.6 | | |
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24-466
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Pride Month
REPORT IN BRIEF
Received by representatives of the CalPride Valle Central. | | |
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24-467
| 1 | F.2. | | Ceremonial Matter Item | SUBJECT: Proclamation - Juneteenth
REPORT IN BRIEF
Received by Allen Brooks, NAACP President. | | |
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24-545
| 1 | F.3. | | Ceremonial Matter Item | SUBJECT: Proclamation - Lowrider Holiday
REPORT IN BRIEF
Received by representatives of the Hispanic Chamber of Commerce. | | |
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24-546
| 1 | F.4. | | Ceremonial Matter Item | SUBJECT: Proclamation - “All Dads Matter” Month
REPORT IN BRIEF
Received by Lamar Henderson of the Human Services Agency, All Dads Matter. | | |
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24-463
| 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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24-525
| 1 | I.2. | | Consent Item | SUBJECT: Information Only Contracts for the Month of May 2024
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $37,000 and of Public Works contracts under $84,338. | | |
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24-433
| 1 | I.3. | | Consent Item | SUBJECT: Information Only - Boards and Commissions Annual Attendance Reports
REPORT IN BRIEF
Annual attendance review conducted with results filed with the City Clerk's Office.
RECOMMENDATION
For information only. | | |
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24-529
| 1 | I.4. | | Consent Item | SUBJECT: Information Only - Traffic Committee Minutes of March 5, 2024
RECOMMENDATION
For information only. | | |
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24-480
| 1 | I.5. | | Consent Item | SUBJECT: Information Only - Site Plan Review Minutes of February 15, 2024 and March 28, 2024
RECOMMENDATION
For information only. | | |
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24-479
| 1 | I.6. | | Consent Item | SUBJECT: Information Only - Planning Commission Minutes of January 17, 2024, February 21, 2024, April 3, 2024, and April 17, 2024
RECOMMENDATION
For information only. | | |
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24-485
| 1 | I.7. | | Consent Item | SUBJECT: Approval of Resolutions to Call for a General Municipal Election for the Mayor and Three Members of the City Council by District on November 5, 2024, to be Consolidated with the Presidential General Election to be Conducted by the County of Merced
REPORT IN BRIEF
Considers approving Resolutions calling a November 5, 2024, General Municipal Election for the Mayor and three members of the City Council by district and requesting the County Board of Supervisors consolidate the City's election with the Presidential General Election being held on the same date.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2024-56, a Resolution of the City Council of the City of Merced, California, calling a General Municipal Election for the election of the Mayor and three members of the City Council at the General Municipal Election to be held on November 5, 2024; and,
B. Adopting Resolution 2024-57, a Resolution of the City Council of the City of Merced, California, requesting that the Board of Supervisors of the County of Merced, California provide for the conso | | |
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24-558
| 1 | I.8. | | Consent Item | SUBJECT: Adoption of a Resolution to Display the Pride Flag at Bob Hart Square for the Month of June 2024 per City Council Policy C-7
REPORT IN BRIEF
Considers adopting a Resolution to display the Pride Flag in Bob Hart Square for the month of June 2024 per the City Council Policy C-7.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2024-61, a Resolution of the City Council of the City of Merced, California, authorizing the display of the Commemorative Flag on the City flagpole in Bob Hart Square for the month of June 2024. | | |
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24-252
| 1 | I.9. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements by Utilizing a Piggyback Contract with US Digital Designs (USDD) Using the National Purchasing Partners (NPPGov) Contract in an Amount not to Exceed $510,979.38 for the Purchase, Installation, and Maintenance of a New Fire Station Emergency Alerting System ($442,826.35) Plus a 10% Contingency ($44,282.64) Plus an Annual Maintenance Fee of $23,870.39; Approval of a $12,770.00 One-Time Cost with Tyler Technologies, Inc. to Accommodate the Upgrade to the Fire Station Emergency Alerting System and Approval of a $1,848.00 Amendment to an Existing Maintenance Agreement with Tyler Technologies, Inc. of Which the Annual Maintenance Agreement will be Incorporated into the Future Agreement) for a Total Contracted Amount of $913,985.91 with Tyler Technologies
REPORT IN BRIEF
Considers approving to waive the City’s competitive bidding requirement pursuant to Merced Municipal Code Section 3.04.210 and using a piggyback contract with US Digital Designs using the National Purchasing Partners (NPPGov) Contract No. 2020 for the purcha | | |
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24-227
| 1 | I.10. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Approval of a Five (5) Year Term Photo Enforcement Services Agreement with Verra Mobility for Automated Photo Enforcement Technology in an Amount of $126,000 Annually
REPORT IN BRIEF
Considers waiving the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 and approving a Five (5) Year Term Photo Enforcement Services Agreement with Verra Mobility for the implementation, training and annual maintenance of photo enforcement technology for use by the Merced Police Department in the amount of $126,000 annually.
RECOMMENDATION
City Council - Adopt a motion:
A. Considers waiving the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 based on sole source; and,
B. Approving a Photo Enforcement Services Agreement with Verra Mobility for the installation, implementation, training, and annual maintenance of automated photo enforcement technology for two approaches at one time but up to 20 approaches throughout the City in the amount of $1 | | |
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24-418
| 2 | I.11. | | Consent Item | SUBJECT: Rescind a Previously Approved Land Lease Agreement with Holding Pattern, LLC for Development of a Private Hangar on Approximately 10,000 Square Feet of Land at the Merced Yosemite Regional Airport and Approve a Proposed Land Lease Agreement with Holding Pattern, LLC, for a 70 x 70 Portion of the Subject Site to Build a 60’ by 60’ Hangar at the Merced Yosemite Regional Airport
REPORT IN BRIEF
Considers cancelling a previous Lease Agreement (30-year term with a 15-year option) with Holding Pattern, LLC for use of approximately 10,000 square feet located on the Merced Yosemite Regional Airport for development of a private aircraft hangar, and consider the terms contained in a new Land Lease Agreement using 4,900 square feet to build a 60’ by 60’ private aircraft hangar (30-year term with a 15-year option). If approved, the hangar would be constructed on a portion of Assessor Parcel Number 059-420-056.
RECOMMENDATION
City Council - Adopt a motion:
A. Rescinding the previous Land Lease Agreement with Holding Pattern, LLC, for a use of approximately 10,000 square feet loc | | |
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24-488
| 1 | I.12. | | Consent Item | SUBJECT: Approval of On-Call Municipal Well Services Contracts with Arsenal Well Drilling, Inc., Layne Christensen Company, and Shannon Pump Company for a Three-Year Term not to Exceed a Combined $500,000 Annually, With an Optional One (1) Year Extension, for a Total Amount not to Exceed $1,500,000 for the Initial Term
REPORT IN BRIEF
Considers approving a three-year On-Call Municipal Well Services Contract with Arsenal Well Drilling, Inc., Layne Christensen Company, and Shannon Pump Company, in an amount not to exceed $500,000 annually, for response, evaluation, recommendation, and supply of materials and labor for emergency repairs and planned maintenance projects, on an as-needed basis, at various City of Merced municipal wells.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving On-Call Municipal Well Services Contracts with Arsenal Well Drilling, Inc., Layne Christensen Company, and Shannon Pump Company, for a three-year term, with an optional one-year extension, in a combined amount not to exceed $500,000 annually; and,
B. Authorizing the Finance Officer to m | | |
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24-511
| 1 | I.13. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements, Approving and Ratifying the Purchase of Parts, Equipment, and Supplies as Necessary for Public Works Maintenance and Operations Through June 30, 2024
REPORT IN BRIEF
Considers approving to waive the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210, approving and ratifying the purchase of various parts, equipment, and supplies for Public Works maintenance and operations for Fiscal Year 2023/2024.
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 annual supplies and services; and,
B. Approving and ratifying the purchase up to $90,000 with C&R Royal SVC, Inc. (NAPA Auto Parts) through June 30, 2024; and,
C. Approving and ratifying the purchase up to $60,000 with Ennis-Flint, Inc., through June 30, 2024; and,
D. Approving and ratifying the purchase up to $70,000 with Holt of California through June 30, 2024; and,
E. Approving and ratifying the purchase up to $160 | | |
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24-475
| 1 | I.14. | | Consent Item | SUBJECT: Approval of Additional Contingency in the Amount of $35,144.66 for Additional Work Which is Reflected in the Final Change Order #5 with Rolfe Construction Inc. for G Street Improvements - Childs Ave to 13th Street, Project No. CP170039 to Close out the Project
REPORT IN BRIEF
Considers approving an increase to the contingency in the amount of $35,144.66, for Project No. CP170039 - G Street Improvements, Childs Ave to 13th Street, and Approving Change Order #5 with Rolfe Construction Inc. This increase will be the final increase to close out the project.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Change Order 5 with Rolfe Construction Inc. with an increase in contingency of $35,144.66 for a total contract contingency amount of $438,281.76, which is approximately 17.314% of the original contract amount; and,
B. Authorizing the City Manager to execute the necessary documents; and,
C. Authorizing the Finance Officer to make necessary budget adjustments. | | |
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24-512
| 1 | I.15. | | Consent Item | SUBJECT: Approval of Street Closure Request #24-11 by the Annissa Fragoso to Host the Merced Lowrider Holiday Celebration, Located on West Main Street Between M Street and K Street, and Canal Street Between Main Street and West 18th Street, Including Bob Hart Square on Sunday, June 23, 2024, from 7:00 a.m. to 3:00 p.m.
REPORT IN BRIEF
Considers approving a request by Annissa Fragoso for the closure and use of City streets and Bob Hart Square on Sunday, June 23, 2024, for the Merced Lowrider Holiday Celebration. The request seeks approval to close West Main Street, between M Street and K Street, Canal Street between Main Street and West 18th Street, and includes Bob Hart Square from 7:00 a.m. to 3:00 p.m.
RECOMMENDATION
City Council - Adopt a motion approving the street closure of West Main Street between M Street and K Street, Canal Street between Main Street and West 18th Street, and the use of Bob Hart Square on Sunday, June 23, 2024, from 7:00 a.m. to 3:00 p.m. | | |
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24-478
| 1 | I.16. | | Consent Item | SUBJECT: Approval of an Agreement for Professional Services with De Novo Planning Group for Environmental Services in the Amount of $348,610 and a Deposit and Reimbursement Agreement with MCYL1, LLC, Relating to the Annexation of the Yosemite Lake Village Project to the City of Merced in the Amount of $383,471
REPORT IN BRIEF
Considers approving a Professional Services Agreement with De Novo Planning Group in the amount of $348,610 to perform environmental services for the annexation to the City of Merced of the Yosemite Lake Village project (734 acres generally located at the northeast corner of G Street and Old Lake Road) as well as additional properties for a total of 1,171 acres, and entering into a Deposit and Reimbursement Agreement with MCYL1, LLC., in the amount of $383,471 to fund the De Novo contract and to reimburse for City staff time to manage the contract.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving a competitive bid for a professional service.
B. Approving an Agreement for Services with De Novo Planning Group in the amount of $348,610 to perform e | | |
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24-469
| 1 | I.17. | | Consent Item | SUBJECT: Approval of a Services Agreement with Rincon Consultants, Inc., for Planning and Environmental Review Services Related to the Multi-Jurisdictional Housing Element not to Exceed $109,909
REPORT IN BRIEF
Considers approving a Services Agreement with Rincon Consultants, Inc. for planning and environmental review services related to the Multijurisdictional Housing Element that is not to exceed $109,909.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Services Agreement with Rincon Consultants, Inc. not to exceed the cost of $109,909; and,
B. Authorizing the City Manager to execute the necessary documents; and,
C. Authorizing the Finance Officer to make necessary budget adjustments. | | |
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24-325
| 1 | I.18. | | Consent Item | SUBJECT: Adoption of a Resolution Approving Final Map #5408 for the Large Lot Mapping of Bellevue Ranch North Villages 21 - 36, for 35 Lots, Generally Located North of Bellevue Road, West of G Street
REPORT IN BRIEF
Considers adopting a Resolution approving of a Final Map #5408 for 35 large lots, generally located north of Bellevue Road, West of G Street.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2024-59, a Resolution of the City Council of the City of Merced, California, Approving the Bellevue Ranch North Villages 21 - 36 (Final Map#5408). | | |
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24-500
| 1 | I.19. | | Consent Item | SUBJECT: Introduction of an Ordinance Amending Subsection (B) of Section 1.10.030, and Amending Subsection (B) and Adding Subsection (C) to Section 1.10.150; of the Merced Municipal Code Regarding the Administrative Citations Program
REPORT IN BRIEF
Considers introducing an Ordinance amending subsection (B) of Section 1.10.030 to limit the pre-citation cure time for non-building, plumbing electrical or zoning violations and amending subsection (B) and adding subsection (C) to Section 1.10.150 providing a mechanism to transfer real property without releasing nuisance abatement liens that have not been satisfied.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing and approving the first reading of Ordinance No. 2563, an Ordinance of the City Council of the City of Merced, California, Amending Sections 1.10.030, “Correction Notice and Administrative Citation Issuance Procedures,” and 1.10.150, “Administrative Fee; Satisfaction Of Lien” of the Merced Municipal Code; and,
B. Set the Ordinance for a second reading and adoption. | | |
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24-503
| 1 | J.1. | | Public Hearing Item | SUBJECT: Public Hearing - Introduction and Preliminary Review of Proposed Expenditures of Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) Funds for Fiscal Year 2024-2025, to be Included in the Draft U.S. Department of Housing and Urban Development (HUD) 2024 Annual Action Plan; and Receipt of Public Comment During a Public Hearing
REPORT IN BRIEF
Introduction and Review of Preliminary Program Year 2024 proposed project funding and related expenditures of Federal funding for inclusion in the Draft HUD 2024 Annual Action Plan; and Public Hearing to provide the Public an opportunity to comment.
RECOMMENDATION
City Council -
A. Conduct a Public Hearing to receive public comment regarding the anticipated funding, proposed projects, priority community needs, proposed distribution of Federal funding, and other related topics that will be considered for inclusion in the final draft of the 2024 Annual Action Plan; and,
B. Discuss and provide comment, if any, on staff recommendations regarding the anticipated funding, proposed projects, priorit | | |
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24-468
| 1 | J.2. | | Public Hearing Item | SUBJECT: Adoption of Resolution to Approve the Multi-Jurisdictional Merced County Regional Active Transportation Plan and Approval of Environmental Review #24-18 Statutory Exemption for Feasibility and Planning Studies Pursuant to CEQA Guideline Section 15262
REPORT IN BRIEF
Considers adopting a resolution to approve the Multi-Jurisdiction Merced County Active Transportation Plan and approving Environmental Review #24-18 - Statutory Exemption for Feasibility and Planning Studies Pursuant to CEQA Guideline Section 15262.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2024-60, a Resolution of the City Council of the City of Merced, California, Adopting a Statutory Exemption Per the California Environmental Quality Act and the Merced County Association of Governments Multi-Jurisdictional Merced County Regional Active Transportation Plan. | | |
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24-547
| 1 | J.3. | | Public Hearing Item | SUBJECT: Public Hearing to Allow the Interested Public an Opportunity to Provide Input on the Content of the City Council, Public Financing and Economic Development Authority, Parking Authority, and Successor Agency to the Redevelopment Agency of the City of Merced Fiscal Year 2024-25 Proposed Budget and After Hearing all Comments Continue the Public Hearing to June 17, 2024
REPORT IN BRIEF
Public Hearing to afford the interested public an opportunity to provide input on the content of the 2024-25 City Council, Public Financing and Economic Development Authority, Parking Authority, and Successor Agency to the Redevelopment Agency of the City of Merced Proposed Budget.
RECOMMENDATION
City Council/Public Financing and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency of the City of Merced - It is recommended that the City Council/Authorities/Successor Agency conduct the Public Hearing and provide direction to the City Manager on the content of the Fiscal Year 2024-25 Budget; and adopt a motion continuing the Public Hearing to the Ju | | |
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24-267
| 1 | K.1. | | Report Item | SUBJECT: Report to Allow for Public Input on the Various Maintenance Districts’ Engineer’s Reports and Budgets for Fiscal Year 2024/2025 During the Public Meeting
REPORT IN BRIEF
Considers public input on the various Maintenance Districts’ budgets during the public meeting, without taking action on the determination of assessment levy until the close of the Public Hearing scheduled for Monday, June 17, 2024.
RECOMMENDATION
City Council - Adopt a motion seeking public input on the Fiscal Year 2024/2025 Maintenance Districts’ budgets, without taking action until the Public Hearing is closed on June 17, 2024. | | |
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24-326
| 1 | K.2. | | Report Item | SUBJECT: Report for Discussion on Preliminary Annexation Application #24-01 for LWH Farms, LLC, 1,186 Acres at the Northeast Corner of Yosemite Avenue and Lake Road
REPORT IN BRIEF
The City Council will be asked to evaluate Preliminary Annexation Application #24-01 LWH Farms, LLC, 1,186+ acres of mixed-use development mostly at the northeast corner of Yosemite and Lake Roads.
RECOMMENDATION
City Council - Adopt a motion indicating general support for an official annexation application being processed for the LWH Farms project. | | |
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24-327
| 1 | K.3. | | Report Item | SUBJECT: Report for Discussion on Preliminary Annexation Application #23-01 for Annexation of Property Near the Northeast Corner of South G Street and Cone Avenue for Surjit Purewal, Applicant
REPORT IN BRIEF
The City Council will be asked to evaluate Preliminary Annexation Application #23-01 for an annexation project, 5.9 acres of proposed Low Medium Density Residential (R-2), for the development of for-sale duplexes on the north side of Cone Avenue, east of South G Street.
RECOMMENDATION
City Council - Adopt a motion indicating general support for an official annexation application being processed for the proposed annexation project submitted by Surjit Purewal. | | |
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24-528
| 1 | L.1. | | Business Item | SUBJECT: Council Member Xiong’s Request to Discuss the Feasibility of an In-House Graffiti Abatement
REPORT IN BRIEF
Council Member Xiong’s request to discuss the feasibility of an in-house graffiti abatement.
RECOMMENDATION
Provide direction to staff on the next steps. | | |
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24-464
| 1 | L.2. | | 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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24-465
| 1 | L.3. | | 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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