Meeting date/time:
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7/1/2024
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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24-639
| 1 | B.1. | | 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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24-640
| 1 | B.2. | | 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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24-641
| 1 | B.3. | | 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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24-642
| 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; Employee Organizations: International Association of Fire Fighters, Local 1479. AUTHORITY: Government Code Section 54957.6 | | |
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24-656
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Recognition to Merced Sunrise Rotary for “The Wall That Heals” Event
REPORT IN BRIEF
Accepted by the Merced Sunrise Rotary Club. | | |
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24-577
| 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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24-662
| 1 | I.2. | | Consent Item | SUBJECT: Information Only Contracts for the Month of June 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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24-654
| 1 | I.3. | | Consent Item | SUBJECT: Adoption of Resolution Repealing Resolution 2018-78, to Re-adopt a Values Statements, and Update the Ethics and Code of Conduct for City Meetings, Adopting Rules of Order and Procedure for the Conduct of City Meetings
REPORT IN BRIEF
Considers adopting Resolution 2024-65 to repeal Resolution 2018-78 and to Readopt a Values Statements and Update the Ethics and Code of Conduct for City Meetings, Adopting Rules of Order and Procedure for the Conduct of City Meetings.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2024-65, A Resolution of the City Council of the City of Merced, California, Repealing Resolution No. 2018-78 to Re-Adopt a Values Statement, and Update the Ethics and Code of Conduct for City Meetings, and Adopting Rules of Order and Procedure for the Conduct of City Meetings. | | |
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24-637
| 1 | I.4. | | Consent Item | SUBJECT: Approval of First Amendment to Service Agreement with ABS Direct, Inc for Printing and Mailing Services Through December 31, 2025
REPORT IN BRIEF
Considers approving an extension of the current agreement with ABS Direct, Inc through December 31, 2025, to align with the completion of Tyler Technologies conversion and implementation of all modules.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving First Amendment to Service Agreement with ABS Direct, Inc; and,
B. Authorizing the City Manager to execute all necessary documents. | | |
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24-612
| 1 | I.5. | | Consent Item | SUBJECT: Approval of a Service Agreement with Merced County to Administer the Youth Jobs Program Using American Rescue Plan Act Funding in the Amount of $1,175,000 From July 1, 2024, to December 30, 2025
REPORT IN BRIEF
Considers approving a Service Agreement with Merced County to administer the Youth Jobs Program Using American Rescue Plan Act Funding in the Amount of $1,175,000 from July 1, 2024, to December 30, 2025.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Service Agreement with Merced County to administer the Youth Jobs Program in the amount of $1,175,000 from July 1, 2024, to December 30, 2025; and,
B. Authorizing the City Manager to execute the necessary documents; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments. | | |
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24-506
| 1 | I.6. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Approve the Purchase of Parts, Equipment, and Supplies as Necessary for Public Works Maintenance and Operations Through June 30, 2025
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 various parts, equipment, and supplies for Public Works maintenance and operations for Fiscal Year 2024/2025.
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 the purchase up to $90,000 with All-Phase Electric Supply through June 30, 2025; and,
C. Approving the purchase up to $75,000 with AZCO Supply, Inc., through June 30, 2025; and,
D. Approving the purchase up to $300,000 with Badger Meter through June 30, 2025; and,
E. Approving the purchase up to $115,000 with Brisco Enterprises through June 30, 2025; and,
F. Approving the purchase up to $100,0 | | |
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24-623
| 1 | I.7. | | Consent Item | SUBJECT: Approval of First Amendment to the Agreement for Professional Services with Provost & Pritchard Consulting Group for Environmental Consulting Services to the City of Merced as the Successor Agency
REPORT IN BRIEF
Considers approving the First Amendment to the Agreement for Professional Services with Provost & Pritchard Consulting Group, extending the contract term to June 30, 2025.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the First Amendment to Agreement for Professional Services with Provost & Pritchard, extending the contract term to align with the completion of the R Street Remediation Project; and,
B. Authorizing the City Manager or designee to execute the agreements and any necessary documents. | | |
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24-571
| 1 | I.8. | | Consent Item | SUBJECT: Adoption of a Resolution Approving Street Name Change #24-01 for Stonefield Home, Inc., and Baxter Ranches, LLC, to Rename Catherine A. Hostetler Boulevard to Jema Way, from Bellevue Road to M Street
REPORT IN BRIEF
Considers adopting a Resolution for the Street Name Change #24-01 to rename Catherine A. Hostetler Boulevard to Jema Way, from Bellevue Road M Street.
RECOMMENDATION
A. Approving a Categorical Exemption for Environmental Review #24-19; and,
B. Adopting Resolution 2024-72, a Resolution of the City Council of the City of Merced, California, Renaming Catherine A. Hostetler Boulevard between Bellevue Road and M Street as Jema Way. | | |
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24-653
| 1 | I.9. | | Consent Item | SUBJECT: Award Bid to Thunderbird Maintenance, Inc. for Graffiti Abatement for a Period of Three Years, in the Amount of $752,892.66 with the Option to Renew for Two Additional One-Year Periods, for the Cumulative Total Amount of $1,319,653.38
REPORT IN BRIEF
Considers awarding a Services Agreement for graffiti abatement to Thunderbird Maintenance, Inc for a term of three (3) Years, with the option to renew for two additional one-year periods, for the cumulative total amount of $1,331,653.38 for the five-year period.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding a Services Agreement for the Graffiti Abatement bid to Thunderbird Maintenance, Inc totaling $752,892.66 for the three-year period, with option to renew two (2) one-year terms for a cumulative total not to exceed 1,319,653.38; and,
B. Authorizing the City Manager to execute any necessary documents; and,
C. Authorizing the Finance Officer to any necessary budget adjustments. | | |
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24-543
| 2 | I.10. | | 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 $175,000 in Fiscal Year 2024/2025
REPORT IN BRIEF
Considers approving 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 $175,000 in Fiscal Year 2024/2025.
RECOMMENDATION
City Council - Adopt a motion:
A. Authorizing the waiver of the competitive bidding requirements as stated in Section 3.04.210 of the Merced Municipal Code due to piggybacking; and,
B. Authorizing the use of 2021 AMS FOCUS Agreement 2021092 051821; and,
C. Authorizing the 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 $175,000 for Fiscal Year 2024-25. | | |
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24-428
| 2 | I.11. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase with Competitively Bid Contracts; State of California Cooperative Agreement 1-22-70-31B, 1-23-70-04C, 1-21-70-04A, 1-22-70-31C, 1-21-70-08B, 1-22-70-31A, 1-19-70-19B-2, and 1-21-70-19C-1 Awarded to Vendors Dell Inc, Ubeo, NWN, Granite Data Solutions, Presidio Networked Solution Group LLC, and PC Specialist, inc DBA Technology Integration Group in a not to Exceed Amount of $400,000 in Fiscal Year 2024/2025
REPORT IN BRIEF
Considers approving to waive the competitive bid process to allow for the Cooperative Purchase with Competitively Bid Contracts; State of California Cooperative Agreement 1-22-70-31B, 1-23-70-04C, 1-21-70-04A, 1-22-70-31C, 1-21-70-08B, 1-22-70-31A, 1-19-70-19B-2, and 1-21-70-19C-1 awarded to vendors Dell Inc, Ubeo, NWN, Granite Data Solutions, Presidio Networked Solution Group LLC, and PC Specialist, inc DBA Technology Integration Group in a not to Exceed Amount of $400,000 in Fiscal Year 2024/2025.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving to waive the | | |
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24-415
| 2 | I.12. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase with Competitively Bid Contracts; State of California Cooperative Agreement 1-22-70-37 (PC Goods - Panasonic Rugged Laptops, State of California Cooperative Agreement 1-22-70-08H (Rugged Tablets/Rugged 2-in-1 Devices, Panasonic, State of California Cooperative Agreement 1-19-70-19H-3 (Enterprise Technology(Data Center Equipment) Hewlett Packard Enterprise (HPE) OEM, Monterey County Office of Education CALSAVE #530067, State of Utah Cooperative Online Marketplace Contract MA3458, Sourcewell Contract #081419, Sourcewell Contract #121923, NASPO ValuePoint Contract with State of Utah Cooperative Contract AR3227, National IPA contracts with Cobb County, GA Contract 23-6692-02 and City of Mesa,AZ Contract 2018011-01, State of California Software Licensing Program Agreement SLP-22-70-0025M Commvault, State of California Software Licensing Program Agreement SLP-23-70-0025R Adobe, State of California Software Licensing Program Agreement SLP-24-70-0025X FreshWorks with CDW-G in a not to Exceed Amount o | | |
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24-567
| 1 | I.13. | | Consent Item | SUBJECT: Approval for Additional Work Reflected in the Final Change Order #3 of $16,703.66 with Taylor Backhoe Service, Inc. dba TBS Contractors, for the Bel Air Sewer Line, Project Number CP220033
REPORT IN BRIEF
Considers approving an increase to the contingency in the amount of $16,703.66 for Project No. CP220033 - Bel Air Sewer Relocation Project, and Approving Change Order #3 with Taylor Backhoe Service, Inc. dba, TBS Contractors. This increase will be the final increase project completion.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Change Order 3 with Taylor Backhoe Service, Inc. dba, TBS Contractors, with an increase in contingency of $16,703.66 for a total contract contingency amount of $59,943.17, which is approximately 13.86% 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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24-602
| 1 | I.14. | | Consent Item | SUBJECT: Approval of Additional Contingency in the Amount of $4,446.70 for Additional Work Which is Reflected in the Final Change Order with Redstone Construction, Inc., for the (CMAQ) Sidewalks Along S. R Street, S. S Street, S. T Street and Stuart Drive, Project Number CP190069 to Close out the Project
REPORT IN BRIEF
Considers approving an increase to the contingency in the amount of $4,446.70 for Project No. CP190069 - (CMAQ) Sidewalks Along S. R Street, S. S Street, S. T Street and Stuart Drive. This will be the final increase to close out the project.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Final Change Order with Redstone Construction, Inc., with an increase in contingency of $4,446.70 for a total contingency amount of $87,731.70, which is approximately 10.54% 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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24-605
| 1 | I.15. | | Consent Item | SUBJECT: Approval of Additional Contingency in the Amount of $13,591.10 for Additional Work Which is Reflected in the Final Change Order with Redstone Construction, Inc., for the (CMAQ) Multi-Use Pathway on Motel Drive, Project Number CP190043 to Close out the Project
REPORT IN BRIEF
Considers approving an increase to the contingency in the amount of $13,591.10 for Project No. CP190043 - (CMAQ) Multi-Use Pathway on Motel Drive. This will be the final increase to close out the project.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Final Change Order with Redstone Construction, Inc., with an increase in contingency of $13,591.10, for a total contingency amount of $112,897.00, which is approximately 11.37% 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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24-629
| 1 | I.16. | | Consent Item | SUBJECT: Approval of Additional Contingency in the Amount of $13,891.81 for Additional Work Which is Reflected in Change Order 2 with Solitude Lake Management LLC, for the Laura Fountain Repair, Project Number CP220069
REPORT IN BRIEF
Considers approving an increase to the contingency in the amount of $13,891.81 for Project No. CP220069 - Laura Fountain Repair to execute Change Order 2 with Solitude Lake Management LLC.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Change Order 2 with Solitude Lake Management LLC, with an increase in contingency of $13,891.81, for a total contract amount of $263,891.81; 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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24-591
| 1 | I.17. | | Consent Item | SUBJECT: Approval of Memorandum of Understanding with Merced Fire Fighters, Local 1479 (Fire) with a Term of July 1, 2024, Through June 30, 2027
REPORT IN BRIEF
Considers approving a Memorandum of Understanding with Merced Fire Fighters, Local 1479 (Fire) with a term of July 1, 2024, through June 30, 2027.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2024-75, a Resolution of the City Council of the City of Merced, California, approving a Memorandum of Understanding with the International Fire Fighters Association Local #1479; and,
B. Authorizing the City Manager to make non-substantive modifications subject to City Attorney approval and to execute the necessary documents; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments and move positions into different funding sources if determined necessary; and,
D. Authorizing the Finance Officer to increase the spending authority to THOR, Inc by $20,320 for a not to exceed spending authority from $839,370 to $859,690. | | |
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24-600
| 1 | I.18. | | Consent Item | SUBJECT: Approval of Memorandum of Understanding with American Federation of State, County and Municipal Employees, District Council 57, Local 2703 (AFSCME) with a Term of July 1, 2024, Through June 30, 2027
REPORT IN BRIEF
Considers approving Memorandum of Understanding with American Federation of State, County and Municipal Employees, District Council 57, Local 2703 (AFSCME) with a term of July 1, 2024, through June 30, 2027.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2024-76, a Resolution of the City Council of the City of Merced, California, approving a Memorandum of Understanding with AFSCME, District Council 57 Local 2703; and,
B. Authorizing the City Manager to execute the necessary documents; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments. | | |
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24-599
| 1 | I.19. | | Consent Item | SUBJECT: Approval of a Memorandum of Understanding with Merced Association of City Employees (MACE) with a Term of July 1, 2024, Through June 30, 2027
REPORT IN BRIEF
Considers approving a Memorandum of Understanding with Merced Association of City Employees (MACE) with a term of July 1, 2024, through June 30, 2027.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2024-77, a Resolution of the City Council of the City of Merced, California, approving Memorandum with the Merced Association of City Employees (MACE); and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments. | | |
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24-646
| 1 | I.20. | | Consent Item | SUBJECT: Approval of a Resolution to Establish a New Employer-Employee Relations Policy
REPORT IN BRIEF
Considers approving a Resolution to establish a new Employer-Employee Relations Policy.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2024-73, a Resolution of the City Council of the City of Merced, California, Rescinding Resolution 80-106 and Establishing Employer-Employee Organization Relations within the City of Merced (Excluding Local 1479). | | |
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24-645
| 1 | I.21. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Approving Zone Change #434 to Allow the Establishment of Planned Development (P-D) #81 Changing the Land Use Designation From Low Medium Density Residential (R-2) to “Self-Storage” for an Approximately 3.50-Acre Parcel Generally Located on the South Side of Olive Avenue, Approximately 500 Feet West of Oleander Avenue
REPORT IN BRIEF
Second reading and final adoption of an Ordinance approving Zone Change #434 to allow the Establishment of Planned Development (P-D) #81 changing the land use designation from Low Medium Density Residential (R-2) to “Self-Storage” for an approximately 3.50-acre parcel generally located on the south side of Olive Avenue, approximately 500 feet west of Oleander Avenue.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2564, An Ordinance of the City Council of the City of Merced, California, approving Zone Change #434 to allow the Establishment of Planned Development (P-D) #81 changing the land use designation from Low Medium Density Residential (R-2) to “Self-Storage” for an | | |
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24-644
| 1 | I.22. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Amending Section 10.28.380 “Stop Intersections Designated” of the Merced Municipal Code
REPORT IN BRIEF
Second reading and final adoption of an Ordinance amending section 10.28.380 “Stop Intersections Designated” of the Merced Municipal Code.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2565, an Ordinance of the City Council of the City of Merced, California, Amending Section 10.28.380 “Stop Intersections Designated”, of the Merced Municipal Code. | | |
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24-490
| 1 | J.1. | | Public Hearing Item | SUBJECT: Introduction and Waiving of First Reading of Ordinance Adopting Police Department's Military Equipment Policy
REPORT IN BRIEF
Effective January 1, 2022, Assembly Bill (AB) 481 requires law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy by ordinance prior to taking certain actions relating to the funding, acquisition, or use of military equipment.
RECOMMENDATION
City Council - Introduce and waive first reading:
A. Hold public hearing on Ordinance Adopting Police Department's Military Equipment Policy; and,
B. Introducing and Waiving of First Reading of Ordinance 2566, an Ordinance of the City Council of the City of Merced, California, Adopting a Military Equipment Use Police, Otherwise Referred to Herein as a Specialized Police Equipment Use Policy, Pursuant to Assembly Bill 481 and Government Code Sections 7070, Et Seq.; and,
C. Authorizing all actions necessary to implement the Police Department's Military Equipment Policy Ordinance. | | |
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24-655
| 1 | K.1. | | Business Item | SUBJECT: Mayor Serratto’s Request to Discuss Potential Placement of a Transient Occupant Tax Ballot Measure in the November Election
REPORT IN BRIEF
Mayor Serratto’s request to discuss potential placement of a Transient Occupant Tax ballot measure in the November election.
RECOMMENDATION
Provide direction to staff on the next steps. | | |
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24-630
| 1 | K.2. | | Business Item | SUBJECT: Mayor Serratto and Council Member Smith’s Request for Rahilly Park Discussion
REPORT IN BRIEF
Mayor Serratto and Council Member Smith’s request for Rahilly Park discussion.
RECOMMENDATION
Provide direction to staff on the next steps. | | |
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24-578
| 1 | K.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. | | |
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24-579
| 1 | K.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. | | |
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