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Meeting date/time:
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4/15/2024
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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24-301
| 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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24-303
| 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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24-305
| 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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24-307
| 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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24-334
| 1 | B.5. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager; Authority: Government Code Section 54957 | | |
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24-350
| 1 | B.6. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION LAWRIE v. CITY OF MERCED, et al. MSC Case No. 20CV-02335 Pursuant to California Government Code Section 54956.9(d)(1) | | |
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24-250
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Arbor Day
REPORT IN BRIEF
Received by Angel Nunez, Public Works Supervisor - Parks and Trees of the City of Merced Public Works Department. | | |
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24-337
| 1 | F.2. | | Ceremonial Matter Item | SUBJECT: Proclamation - Society for the Prevention of Cruelty to Animals (SPCA) Month
REPORT IN BRIEF
Received by representatives from the Merced Society for the Prevention of Cruelty to Animals (SPCA). | | |
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24-333
| 1 | F.3. | | Ceremonial Matter Item | SUBJECT: Recognition of the Athletes From Merced County Special Olympics for Representing Merced in the Special Olympics Northern California and Winning Gold
REPORT IN BRIEF
Accepted by the athletes, coaches, and volunteers of the Merced County Special Olympics. | | |
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24-289
| 1 | F.4. | | Ceremonial Matter Item | SUBJECT: City Council Volunteer of the Year Awards
REPORT IN BRIEF
Council Members nominated a volunteer within their district and the Mayor nominated one at-large volunteer to highlight those who have given back to their community. | | |
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24-286
| 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. | approved | Pass |
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24-237
| 1 | I.2. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority/Successor Agency to the Redevelopment Agency Meeting Minutes of January 16, 2024
REPORT IN BRIEF
Official adoption of previously held meeting minutes.
RECOMMENDATION
City Council/Public Financing and Economic Development/Parking Authority/Successor Agency to the Redevelopment Agency - Adopt a motion approving the meeting minutes of January 16, 2024. | approved | Pass |
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24-226
| 1 | I.7. | | Consent Item | SUBJECT: Authorization to Waive the Competitive Bidding Requirements to Allow Cooperative Purchasing Through the Competitively Bid Bay Area Chemical Consortium and Authorization to Purchase Chemicals for Wastewater, Water, and Facilities for a Three (3) Year Term Ending June 30, 2027, for a Total not to Exceed Amount of $2,910,353
REPORT IN BRIEF
Considers authorizing to waive competitive bidding requirement to purchase chemicals from the competitively bid Bay Area Chemical Consortium for a three-year term for a total not to exceed amount of $2,910,353.
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 authorizing the purchase of chemicals for wastewater, water, and facilities from vendors competitively bid through the Bay Area Chemical Consortium for a three-year term for a total amount of $2,910,353; and,
B. Authorizing the City Manager execute the necessary documents and to approve additional expenditures not to exceed 10% of the three-year total for bid pricing cha | approved | Pass |
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24-204
| 1 | I.8. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirement to Allow for the Purchase of Standardized Equipment and Approval of Software Licensing Agreement with Forensic Technology Inc. for the Lease and Installation of NIBIN Cartridge Cases Acquisition, Analysis & Triage Subscription Service and a Three (3) Year Leasing Agreement not to Exceed the Total Amount of $144,685
REPORT IN BRIEF
Considers approving to waive the competitive bidding requirement pursuant to Merced Municipal Code section 3.04.210 for purchase and the approval of the three (3) year leasing agreement with Forensic Technology Inc. for the lease and installation of NIBIN Cartridge Cases Acquisition, Analysis & Triage Subscription Service and in the amount not to exceed of $144,685. Annual cost of lease and subscription will be $55,822 for year one (1), $43,775 for year two (2) and $45,088 for year three (3). Funds allocated from the asset forfeiture fund will be utilized for the total cost of the 3-year lease and subscription.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving to waive the com | approved | Pass |
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24-332
| 1 | I.9. | | Consent Item | SUBJECT: Approval of the Use of City Owned Property Known as Parking Lot 6 from May 3rd, 2024 at 3:00 PM to May 5th, 2024 at 1:00 A.M. Street Closures of West Main Street, from “I” Street to “K” Street, on May 4th, 2024 from 6:00 A.M. to May 5th, 2024 at 1:00 A.M., West Main Street from “K” Street to Canal Street, and Canal Street from West Main Street to West 18th Street, on May 4th, 2024 from 11:30 A.M. to 3:00 P.M. for the Parade; the Remainder of the Parade will be a Rolling Street Closure Submitted by Alisak Sanavongsay with the Vatthanatham Lao Foundation for the 2024 Lao New Year Celebration, May 3rd, 2024, at 3:00 P.M. thru May 5th, 2024, 1:00 A.M.
REPORT IN BRIEF
Considers approving the use of City streets and City owned property on May 3rd and May 4th, 2024, for the Lao New Year Celebration. The Street Closure Request includes West Main St, from “I” St to “K” St, No Parking on W Main St from “K” St to Canal St, and Canal Street for W Main St, and the use of City owned property known as Parking Lot 6.
RECOMMENDATION
City Council - Adopt a motion approving the use of City | approved | Pass |
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24-336
| 1 | I.10. | | Consent Item | SUBJECT: Approval of Hanson Bridgett, LLP Third Amendment, Approval of Wilke Fleury, LLP Second Amendment, Best, Best & Krieger, LLP Second Amendment, Richards, Watson & Gershon First Amendment, and Prentice Long, PC First Amendment in a Total Amount not to Exceed $296,000
REPORT IN BRIEF
Considers approving of a Hanson Bridgett, LLP Third Amendment, Approval of Wilke Fleury, LLP Second Amendment, Best, Best & Krieger, LLP Second Amendment, Richards, Watson & Gershon First Amendment, and Prentice Long, PC First Amendment in a total amount not to exceed $296,000.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Third Amendment to an Agreement for Professional Services with Hanson Bridgett LLP in an amount not to exceed $150,000; and,
B. Approving a Second Amendment to an Agreement with Wilke Fleury, LLP in an amount not to exceed $26,000; and,
C. Approving a Second Amendment to Agreement for Legal Services with Best, Best & Krieger, LLP in an amount not to exceed $10,000; and,
D. Approving a First Amendment to Legal Services Agreement with Richards, Watson & | approved | Pass |
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24-311
| 1 | I.3. | | Consent Item | SUBJECT: Approval of a Professional Services Agreement with Renne Public Law Group, LLP dba Renee Public Policy Group in the Amount of $56,000 for Grant Writing Services
REPORT IN BRIEF
Considers approving a sixteen-month contract with Renne Public Law Group, LLP dba Renne Public Policy Group (RPPG) in the amount of $56,000 for grant writing services.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Professional Services Agreement with Renee Public Law Group, LLP dba Renne Public Policy Group (RPPG) in the amount of $56,000 for grant writing services; and,
B. Authorizing the City Manager to execute the necessary documents; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments. | approved | Pass |
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24-314
| 1 | I.4. | | Consent Item | SUBJECT: Approval of Street Closure Request #24-05 by the Merced County Hispanic Chamber of Commerce to Host a Vendor Fair Event (El Mercado), Located on W. Main Street Between M Street and Martin Luther King Jr. Way, Canal Street Between Main Street and W. 18th Street, Including Bob Hart Square on Thursday, May 2, 2024, From 3:00 p.m. to 10:00 p.m. and Approval of a Request for a City of Merced Co-Sponsorship
REPORT IN BRIEF
Considers approving a request by the Merced County Hispanic Chamber of Commerce for the closure and use of City streets and Bob Hart Square on Thursday, May 2, 2024, for a Vendor Fair Event (El Mercado). The request seeks approval to close W. Main Street, between M Street and Martin Luther King Jr. Way, Canal Street between Main Street and W. 18th Street, including Bob Hart Square from 3:00 p.m. to 10:00 p.m. The application also includes a request for City of Merced Co-Sponsorship.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the street closure of W. Main Street between M Street and Martin Luther King Jr. Way, Canal Street between Main Stre | approved | Pass |
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24-321
| 1 | I.5. | | Consent Item | SUBJECT: Award Bid to Tosted Asphalt, Inc. for the R St Sidewalk Replacement Childs Avenue to 13th Street, Project No. CP220024, for the Base Bid Amount of $116,479.12, and Bid Alternate Amount of $63,063.91, for a Total Award of $179,543.03
REPORT IN BRIEF
Considers awarding a Construction Contract to the Lowest Responsive Bidder, Tosted Asphalt, Inc., for the base bid amount of $116,479.12, and bid alternate amount of $63,063.91, for the Project CP220024 - R St. Sidewalk Replacement Childs Avenue To 13th Street Project.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the R St. Sidewalk Replacement Childs Avenue To 13th Street, Project No. CP220024 to Tosted Asphalt, Inc, in the award amount of $179,543.03; and,
B. Authorizing the City Manager to execute the necessary documents and to approve change orders not to exceed 10% of the total contract; and,
C. Authorizing the Finance Officer to make necessary budget adjustments. | approved | Pass |
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24-266
| 1 | I.6. | | Consent Item | SUBJECT: Adoption of a Resolution Setting a Public Meeting for Monday, June 3, 2024, and a Public Hearing for Monday, June 17, 2024, Regarding Maintenance Districts Engineer’s Reports and Budgets - Fiscal Year 2024/2025
REPORT IN BRIEF
Considers setting a public meeting for Monday, June 3, 2024, to address the proposed Engineer’s Reports and Budgets and a formal public hearing for Monday, June 17, 2024, before a determination is made on the level of assessment to approve.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2024-43, a Resolution of the City Council of the City of Merced, California, approving Engineer’s Reports on Maintenance Districts and setting a public meeting and a public hearing thereon. | approved | Pass |
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24-340
| 1 | I.11. | | Consent Item | SUBJECT: Merced Vital City Services Protection Measure Tax Administration Agreements with the California Department of Tax and Fee Administration (CDTFA)
REPORT IN BRIEF
Considers adopting Resolutions authorizing the Tax Administration of the Merced Vital City Services Protection Measure.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2024-46, A Resolution of the City Council of the City of Merced, California, Authorizing City Manager to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax; and,
B. Adopting Resolution 2024-47, A Resolution of the City Council of the City of Merced, California, Authorizing Examination of Sales or Transactions and Use Taxes Records; and,
C. Authorizing the City Manager to execute the necessary documents; and,
D. Approving a Supplemental Appropriation in the amount of $175,000 in Fund 2001-Measure C to cover the CDTFA prepatory agreement costs; and,
E. Authorizing the Finance Officer to make the necessary budget adjustments. | approved | Pass |
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24-308
| 1 | K.1. | | Report Item | SUBJECT: Certification of March 5, 2024 Presidential Primary Election Returns and Presentation of the New Measure C Ordinance Requirements
REPORT IN BRIEF
Certifies the March 5, 2024, election returns for Measure C.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2024-44, a Resolution of the City Council of the City of Merced, California, reciting the fact of the Presidential Primary Election held on March 5, 2024, declaring the result, and declaring such other matters as provided by law for Measure C (Merced Vital City Services Protection Measure). | approved | Pass |
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24-232
| 2 | K.2. | | Report Item | SUBJECT: Approval of the Updated 2024-25 Regional, State, and Federal Legislative Platform
REPORT IN BRIEF
Considers approving the updated 2024-25 Regional, State, and Federal Legislative Platform.
RECOMMENDATION
City Council - Adopt a motion adopting the updated 2024-25 Regional, State, and Federal Legislative Platform. | approved | Pass |
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24-338
| 1 | L.1. | | Business Item | SUBJECT: Council Member Boyle’s Request to Consider Hiring a Firm to Reach Out to Retail and Develop a Plan
REPORT IN BRIEF
Council Member Boyle’s request to consider hiring a firm to reach out to retail and develop a plan.
RECOMMENDATION
Provide direction to staff on the next steps. | approved | Pass |
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24-249
| 1 | L.2. | | Business Item | SUBJECT: Approval of the City Council FY 2024/25 Goals and Priorities to Include Downtown & Economic Development, Housing & the Unhoused, Merced Unity Project, Natural Disaster/Flood Response, Parks & Recreation, Public Safety, Public Works & City Beautification, South Merced Study, and Quality of Life
REPORT IN BRIEF
Considers adopting the FY 2024/25 Goals and Priorities to include Downtown & Economic Development, Housing & Homelessness, Merced Unity Project, Natural Disaster/Flood Response, Parks & Recreation, Public Safety, Public Works & City Beautification, South Merced Study, and Quality of Life.
RECOMMENDATION
City Council - Adopt a motion approving FY 2024/25 Goals and Priorities. | approved | Pass |
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24-287
| 1 | L.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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24-288
| 1 | L.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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