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Meeting date/time:
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6/5/2023
6:00 PM
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Minutes status:
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Final
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Meeting location:
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City Council Chamber, 2nd Floor, Merced Civic Center, 678 W. 18th Street, Merced, CA 95340
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23-485
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Jeffrey Gonzales v. City of Merced; Workers’ Compensation Appeals Board Case No. FRE-ADJ 15941693; Authority: Government Code Section 54956.9(d)(1) | | |
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23-460
| 1 | B.2. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE APPOINTMENT - TITLE: City Attorney; AUTHORITY: Government Code 54957 | | |
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23-461
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9: one (1) Potential Case | | |
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23-493
| 1 | B.4. | | Closed Session Item | SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 151 Hawk Drive, APN: 059-420-013; Agency Negotiator: Frank Quintero, Deputy City Manager; Negotiating Parties: Russell Leitch, Dkota Investment Inc. and City of Merced; Under Negotiation: Price and Terms of Payment | | |
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23-477
| 1 | M.1. | | Business Item | SUBJECT: Formally Announcing the Mayor and City Council’s Selection for Interim City Attorney, Approval of the City Attorney’s Employment Agreement for a Term of Six (6) Months and Adoption of a Resolution Appointing an Interim City Attorney and Approving an Employment Agreement
REPORT IN BRIEF
The Mayor and City Council have concluded a preliminary search for an Interim City Attorney and desires to enter into an employment agreement with the candidate the Mayor and City Council have selected to serve as Merced’s Interim City Attorney for a period of six (6) months and adopting a Resolution.
RECOMMENDATION
City Council - Adopt a motion:
A. Formally Announcing the Mayor and City Council’s Selection for Interim City Attorney and Approving the Interim City Attorney’s Employment Agreement and Salary Resolution; and,
B. Adopting Resolution 2023-38, a Resolution of the City Council of the City of Merced, California, appointing Brian L. Doyle as Interim City Attorney and approving an Employment Agreement therefore including compensation and other terms and conditions of emp | approved | Pass |
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23-433
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Merced Pride Month
REPORT IN BRIEF
Received by a representative of the Merced LGBTQ+ Alliance. | | |
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23-434
| 1 | F.2. | | Ceremonial Matter Item | SUBJECT: Proclamation - Juneteenth
REPORT IN BRIEF
Received by Allen Brooks, NAACP President. | | |
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23-474
| 1 | F.3. | | Ceremonial Matter Item | SUBJECT: Recognition of Fire Chief Derek Parker’s California Emergency Medical Services Authority’s (EMSA) EMS Cross Award
REPORT IN BRIEF
Fire Chief Derek Parker will be recognized for being nominated and selected to receive the California Emergency Medical Services Authority’s (EMSA) EMS Cross Award. | | |
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23-411
| 1 | G.1. | | Special Presentation Item | SUBJECT: Review of Merced Fire Department FIRE OPS 101 From April 22, 2023
REPORT IN BRIEF
Merced Fire Department and Merced City Firefighters Association hosted an IAFF FIRE OPS 101 event on April 22, 2023. | | |
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23-079
| 1 | J.1. | | Consent Item | SUBJECT: Reading by Title of All Ordinances and Resolutions
REPORT IN BRIEF
Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and a summary title may be read with further reading waived.
RECOMMENDATION
City Council - Adopt a motion waiving the reading of Ordinances and Resolutions, pursuant to Section 412 of the Merced City Charter. | approved | Pass |
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23-430
| 1 | J.2. | | Consent Item | SUBJECT: Information Only Contracts for the Month of May 2023
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $36,000 and of Public Works contracts under $82,718. | approved | Pass |
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23-432
| 1 | J.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. | approved | Pass |
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23-388
| 1 | J.4. | | Consent Item | SUBJECT: Information Only - Bicycle and Pedestrian Advisory Minutes of December 13, 2022
RECOMMENDATION
For information only. | approved | Pass |
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23-467
| 1 | J.5. | | Consent Item | SUBJECT: Approval of a Supplemental Appropriation from the General Fund in the Amount of $270,000 to Fund 7002-Workers Compensation Due to Increased Worker’s Compensation Settlement Activity in Fiscal Year 2022-2023
REPORT IN BRIEF
Considers approving a supplemental appropriation in the General Fund in the amount of $270,000 to Fund 7002-Worker’s Compensation due to higher than projected worker’s compensation settlement activity than what was originally budgeted for in fiscal year 2022-2023.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a supplemental appropriation from the unreserved, unencumbered fund balance of the General Fund in the amount $270,000, transfer to Fund 7002-Worker’s Compensation and appropriate the same in Fund 7002-Worker’s Compensation; and,
B. Authorizing the Finance Officer to make the necessary budget adjustments. | approved | Pass |
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23-465
| 1 | J.7. | | Consent Item | SUBJECT: Approval of Street Closure Request and Use of City Owned Real Estate by the Juneteenth Celebration Committee for the Juneteenth Community March and Celebration on June 17th, 2023
REPORT IN BRIEF
Considers approving the use of a portion of Parking Lot #14 Located at 1739 Martin Luther King Jr. Way, and the closure of Martin Luther King Jr Way from West 18th Street to West Main Street, West Main Street to M Street, M Street to W 11th Street, W 11th Street to K Street into (McNamara Park) on Saturday June 17th, 2023, to have a staging area, hold a march, parade and food preparation for the Juneteenth Celebration. The use of Bob Hart Square for the Juneteenth Celebrate Freedom Event from 10:00 a.m. to 3:00 p.m.
RECOMMENDATION
City Council - Adopt a motion approving the request by Tamara Cobb and the Juneteenth Celebration Committee to use a portion of Parking Lot #14 Located at 1739 Martin Luther King Jr. Way, and the closure of Martin Luther King Jr Way from West 18th Street to West Main Street, West Main Street to M Street, M Street to W 11th Street, W 11th Street to K St | approved | Pass |
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23-482
| 1 | J.10. | | Consent Item | SUBJECT: Rescind a Previously Approved Purchase and Sale Agreement with Dkota Investments, Inc, for a 3.1-Acre Site in the Airport Industrial Park, and Approve a Proposed Purchase and Sale Agreement with Dkota Investments, Inc., for a 2.74 Acre Site in the Airport Industrial Park for $383,600.00 Located at 151 Hawk Drive Also Known as APN 059-420-013 for the Construction of a Warehouse Building
REPORT IN BRIEF
Staff is requesting that Council cancel a previous Purchase and Sale Agreement with Dkota Investments, Inc. for a 3.1-acre site in the Airport Industrial Park, and consider the terms contained in a new Purchase and Sale Agreement for the disposal of a 2.74-acre site in the Airport Industrial Park for $383,600.00 for the construction of an 11,478 square-foot warehouse building.
RECOMMENDATION
City Council - Adopt a motion:
A. Rescinding the previous Purchase and Sale Agreement with Dkota Investments, Inc., for a 3.1-acre site located at 157 Hawk Drive (APN 059-420-012) considered on September 9, 2022; and,
B. Approving the terms of the new Purchase and Sale Agreem | approved | Pass |
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23-379
| 1 | J.12. | | Consent Item | SUBJECT: First Amendment to Agreement for Professional Services with Provost and Pritchard Engineering Group, Incorporated, for the PCE Groundwater Project No. CP230031
REPORT IN BRIEF
Considers authorizing an amendment to an Agreement for Professional Services for critical equipment repairs to the PCE treatment system in the amount of $19,899, for a contract total of $244,800.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving an amendment to an Agreement for Professional Services with Provost and Pritchard Engineering Group, Incorporated, in the amount of $19,899 for PCE groundwater cleanup; and,
B. Authorizing the City Manager or Deputy City Manager to execute necessary documents. | approved | Pass |
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23-321
| 1 | J.13. | | Consent Item | SUBJECT: Award Construction Contract to New Century Construction & Consulting Inc. for the Ada Givens Pool Bathroom Rehabilitation, Project No. CP220011, in the Amount of $195,550 and Approval of a Supplemental Appropriation in the Amount of $40,000 from the General Fund and Transfer to Fund 5000-Parks and Community Services CIP
REPORT IN BRIEF
Considers awarding a Construction Contract to New Century Construction & Consulting Inc. in the amount of $195,550 for the Ada Givens Pool Bathroom Rehabilitation project located at Ada Givens Elementary School.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the Ada Givens Pool Bathroom Rehabilitation, Project No. CP220011 Construction contract to New Century Construction & Consulting Inc. in the amount of $195,550; and,
B. Approving supplemental appropriation in the amount of $40,000 from the General Fund unreserved, unencumbered fund balance; transfer to Fund 5000-Parks and Community Services CIP and appropriate the same in Fund 5000, project CP220011-Ada Givens Pool Bathroom Rehabilitation; and,
C. Authorizing the City | approved | Pass |
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23-491
| 1 | J.14. | | Consent Item | SUBJECT: Lease Agreement (Revision 2) with Williams Scotsman, Inc. to Provide a Temporary Portable Building for the Stephen Leonard Park Building Rehabilitation Structural Repairs, Project Number CP230052, in the Amount of $80,811, Increasing Revenue in the Amount of $6,548, and Appropriating the Same, Totaling $114,785 for the Portable Building
REPORT IN BRIEF
Considers approving a Lease Agreement (Revision 2) with Williams Scotsman, Inc., for a temporary portable building at Stephen Leonard Park to provide office space for the current tenant or any future tenant while the Stephen Leonard Building is being repaired, increasing revenue in the amount of $6,548, and appropriating the same, totaling $114,785 for the portable building.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Lease Agreement (Revision 2) with Williams Scotsman, Inc. in the amount of $80,811.00 to provide a temporary portal building at Stephen Leonard Park for the Stephen Leonard Park Building Rehabilitation Structural Repairs; and,
B. Approving an increase to cost recovery revenue in Fund 5 | approved | Pass |
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23-495
| 1 | J.15. | | Consent Item | SUBJECT: Reject All Bids Received for Project No. CP230060 Merced Yosemite Regional Airport Terminal
REPORT IN BRIEF
Considers rejecting all bids received to construct the new airport terminal due to non-responsive bids.
RECOMMENDATION
City Council - Adopt a motion rejecting all bids received for Project No. CP230060 Merced Yosemite Regional Airport Terminal Project due to non-responsive bidders and direct staff to re bid project. | approved | Pass |
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23-448
| 1 | J.6. | | Consent Item | SUBJECT: Approval to Distribute the 2021-22 Wahneta Hall Trust Funds in the Amount of $3,581 to the Kiwanis Club of Greater Merced to Operate and Maintain a Mini Train in Applegate Park
REPORT IN BRIEF
Considers approving the disbursement of the Wahneta Hall Trust Fund to the Kiwanis Club of Greater Merced in the amount of $3,581 to be used to operate and maintain the train at Kiddieland in Applegate Park.
RECOMMENDATION
City Council - Adopt a motion approving an allocation of the 2021-22 Wahneta Hall Trust Funds of $3,581 to the Kiwanis Club of Greater Merced per the Recreation and Parks Commission recommendation. | approved | Pass |
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23-446
| 1 | J.8. | | Consent Item | SUBJECT: Authorization to Accept and Appropriate $3,000,000 from Senator Anna M. Caballero for the Merced Regional Fire Training Center, Phase 1
REPORT IN BRIEF
Considers accepting and appropriating funding in the amount of $3,000,000 from Senator Anna M. Caballero, who secured funding from the state’s budget to help support the Merced Regional Fire Training Center, Phase 1.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting and increasing the revenue in Fund 5004-Public Safety CIP, project CP230076 in the amount of $3,000,000; and,
B. Appropriating the same to Fund 5004-Public Safety CIP, Project CP230076; and,
C. Authorizing the City Manager or Deputy City Manager to execute the necessary documentation. | approved | Pass |
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23-486
| 1 | J.9. | | Consent Item | SUBJECT: Authorize the City of Merced to Apply, in Partnership with Merced County Probation Department, for the Organized Retail Theft Prevention Grant Program from the Board of State and Community Corrections
REPORT IN BRIEF
Authorizing the City of Merced to apply for the Organized Retail Theft Prevention Grant Program from the Board of State and Community Corrections (BSCC), in partnership with the Merced County Program Department. No matching funds are required.
RECOMMENDATION
City Council - Adopt a motion authorizing the submission of a grant application to the Organized Retail Theft Prevention Grant Program from BSCC for a total estimated project cost of $12,250,000 and allowing the City Manager or Deputy City Manager to execute any necessary documents related to the grant submission. | approved | Pass |
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23-440
| 1 | J.11. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirement, and Authorizing the Agreement with the Merced Main Street Association for $60,000 for Services and the Administration of the Downtown Business Improvement Area for Fiscal Year 2022-2023
REPORT IN BRIEF
Considers approving to waive the competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 and approving an Agreement between the City of Merced and the Merced Main Street Association for $60,000 to provide services to the Downtown Business Improvement Area during Fiscal Year 2022-2023.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code section 3.04.210 based on the Merced Main Street Association’s proven experience of providing the Administration of Downtown Services since 2015 and providing continuity during the formation of the PBID; and,
B. Approving the agreement with the Merced Main Street Association for Downtown Services for 2022-2023 in the amount of $60,000; and,
C. Authorizing the City Mana | approved | Pass |
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23-320
| 1 | K.1. | | Public Hearing Item | SUBJECT: Final Public Hearing (Continued) - Receipt of Final Public Comment and Approval of the U.S. Department of Housing and Urban Development (HUD) 2023 Annual Action Plan
REPORT IN BRIEF
Re-open and hold the Final/Second Public Hearing that was continued from the May 1, 2023, Council Meeting, in order to provide the public opportunity for final comment to the Final Draft 2023 Annual Action Plan; Discuss and provide final direction to staff regarding any final changes to project funding or other items; Award of funding to the final list of 2023 projects as per previous Council Direction; Approval of the 2023 Annual Action Plan; and, Authorizing the City Manager or Deputy City Manager to execute all documents necessary to submit the finalized plan to HUD and to accept the Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) grants after approval by HUD.
RECOMMENDATION
City Council -
A. Re-open and conduct the Public Hearing to receive any final public input regarding the Draft 2023 Annual Action Plan; and,
B. Discuss and provide final dir | approved | Pass |
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23-463
| 1 | K.2. | | 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 and the Parking Authority Fiscal Year 2023-24 Proposed Budget and After Hearing all Comments Continue the Public Hearing to June 20, 2023
REPORT IN BRIEF
Public Hearing to afford the interested public an opportunity to provide input on the content of the 2023-24 City Council, Public Financing and Economic Development Authority, and Parking Authority Proposed Budget.
RECOMMENDATION
City Council/Public Financing and Economic Development Authority/Parking Authority - It is recommended that the City Council/Authorities conduct the Public Hearing and provide direction to the City Manager on the content of the Fiscal Year 2023-24 Budget; and adopt a motion continuing the Public Hearing to the June 20, 2023, Council Meeting. | approved | Pass |
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23-210
| 1 | K.3. | | Public Hearing Item | SUBJECT: Public Hearing to Consider the Annexation of Certain Property into Community Facilities District (CFD) No. 2003-2 (Services), Calling and Holding a Special Election for Annexation No. 24 into CFD No. 2003-2 (Services; Canvassing the Results of the Election Held within Annexation No. 24 of Said District, and Annexing Annexation No. 24 to Said District and Authorizing the Levy of a Special Tax Within Said Annexation No. 24. Annexation No. 24 Consists of Approximately 38 Acres of Land Generally Located at the Northwest Corner of G Street and Farmland Avenue
REPORT IN BRIEF
Hold a public hearing and election for annexation into Community Facilities District No. 2003-2 (Services) for the approximately 38 acres of land generally located at the northwest corner of G Street and Farmland Avenue.
RECOMMENDATION
City Council - Adopt a motion:
A. Holding a Public Hearing on the annexation of certain property into the CFD and the levy of special taxes; and,
B. Adopting Resolution 2023-35, a Resolution of the City Council of the City of Merced, acting as the Legislative Body of t | approved | Pass |
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23-174
| 1 | L.1. | | Report Item | SUBJECT: Report to Allow for Public Input on the Various Maintenance Districts’ Engineer’s Reports and Budgets for Fiscal Year 2023/2024 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 Tuesday, June 20, 2023.
RECOMMENDATION
City Council - Adopt a motion seeking public input on the Fiscal Year 2023/2024 Maintenance Districts’ budgets, without taking action until the Public Hearing is closed on June 20, 2023. | | |
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23-413
| 1 | M.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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23-414
| 1 | M.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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