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Meeting date/time:
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10/21/2024
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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24-1065
| 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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24-1043
| 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; Unrepresented Management AUTHORITY: Government Code Section 54957.6 | | |
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24-1036
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Domestic Violence Awareness Month
REPORT IN BRIEF
Presented to a representative of the Atwater-Merced Alumnae Chapter of Delta Sigma Theta Sorority, Inc. | | |
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24-1052
| 1 | G.1. | | Special Presentation Item | SUBJECT: Presentation from Assemblywoman Esmeralda Soria Regarding the Legislative Update
REPORT IN BRIEF
Assemblywoman Soria will be providing a legislative update. | | |
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24-939
| 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. | | |
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24-1014
| 1 | J.2. | | Consent Item | SUBJECT: Approval of Street Closure Request with the Use of City Owned Property Located at Bob Hart Square, Submitted by Merced Main Street Association for the 2024 Annual Christmas Parade on December 7th, 2024, From 10:00 A.M. Until 8:00 P.M.
REPORT IN BRIEF
Considers allowing the use of City streets and the Bob Hart Square on December 7, 2024, for the Christmas Parade.
RECOMMENDATION
City Council - Adopt a motion approving the street closures of East Main Street, from Calimyrna Avenue to “G” Street, West Main Street, from “G” to “O” Streets, “O” Street from West Main Street to 20th Street including side streets, the city owned property known as Bob Hart Square, as requested by Mike Waite of the Merced Main Street Association for the 2024 Christmas Parade on Saturday, December 7, 2024. | | |
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24-1041
| 1 | J.3. | | Consent Item | SUBJECT: Approval Purchase One (1) New Caterpillar Wheel Loader, Compact Construction Equipment, Model 906, and Necessary Attachment Equipment from Holt of California in the Amount of $155,357.81 as a Vehicle Replacement for the Trees and Sweeping Divisions
REPORT IN BRIEF
Considers approving the purchase of one Caterpillar Wheel Loader, Model 906, in the amount of $155,357.81. Staff has identified the need to replace a vehicle, which will assist in the standardization of equipment through the cost savings of a government procurement program (Sourcewell).
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 to be made with a cooperative purchase agreement through Sourcewell, a government procurement program; and,
B. Approving the purchase of one Caterpillar Wheel Loader tractor, Model 906, in the amount of $155.357.81 from Holt of California, through Sourcewell Caterpillar Inc. contract # 020223-CAT, replacing vehicle E-867; and,
C. Authorizing | | |
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24-826
| 1 | J.4. | | Consent Item | SUBJECT: Approval of Additional Contingency in the Amount of $603,748.13 for Additional Unanticipated Work on the WWTF Phase VI Headworks Project Number CP230035
REPORT IN BRIEF
Considers approving proposed change order from GSE Construction Inc., with additional contingency in the amount of $603,748.13 for Project No. CP230035 - WWTF Phase VI Headworks.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Proposed Change Order from GSE Construction, Inc., with additional contingency amount of $603,748.13, for a total contingency amount of $919,018.13, which is approximately 29.15% of the original contract amount; and,
B. Authorizing the City Manager to execute the necessary documents. | | |
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24-936
| 1 | J.5. | | Consent Item | SUBJECT: Adoption of a Resolution Declaring Intent to Vacate the 10-Foot-Wide Storm Drain Easement at 1965 West Olive Avenue and Setting a Public Hearing for November 18, 2024 (Vacation #24-02)
REPORT IN BRIEF
Considers adopting a Resolution to set a public hearing for November 18, 2024, to vacate an approximately 13,850-square-foot easement at 1965 West Olive Avenue, generally located on the north side of West Olive Avenue, approximately 815 feet east of North Highway 59.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2024-97, A Resolution of the City Council of the City of Merced, California, declaring its intention to vacate the 10-foot-wide easement along the eastern edge of 1965 West Olive Avenue, (approximately 13,850 square feet), which would revert development rights back to the property owner of 1965 West Olive Avenue (Vacation #24-02) and setting time and place for public hearing. | | |
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24-937
| 1 | J.6. | | Consent Item | SUBJECT: Consider the Adoption of a Resolution Approving Final Map #5417 for Crossing at River Oaks Phase 2, Subdivision for 37 Lots at the Southeast Corner Coffee Street and Childs Avenue, and the Approval of the Subdivision Agreement for the Crossing at River Oaks Phase 2
REPORT IN BRIEF
Considers adoption of the Final Map #5417 for 37 lots at the southwest corner of Coffee Street and Childs Avenue, and the Subdivision Agreement for the Crossing at River Oaks, Phase 2 Subdivision.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2024-98, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for the Crossing at River Oaks, Phase 2 Subdivision (#5417); and,
B. Approving the Subdivision Agreement for the Crossing at River Oaks, Phase 2 Subdivision; and,
C. Authorizing the City Manager to execute all necessary documents. | | |
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24-1049
| 1 | J.7. | | Consent Item | SUBJECT: Consider the Adoption of a Resolution Approving Final Map #5418 for Crossing at River Oaks Phase 3, Subdivision for 36 Lots at the Southeast Corner of Coffee Street and Childs Avenue, and the Approval of the Subdivision Agreement for the Crossing at River Oaks Phase 3
REPORT IN BRIEF
Considers adoption of the Final Map #5418 for 36 lots at the southwest corner of Coffee Street and Childs Avenue, and the Subdivision Agreement for the Crossing at River Oaks, Phase 3 Subdivision.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2024-99, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for the Crossing at River Oaks, Phase 3 Subdivision (#5418); and,
B. Approving the Subdivision Agreement for the Crossing at River Oaks, Phase 3 Subdivision; and,
C. Authorizing the City Manager to execute all necessary documents. | | |
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24-1035
| 1 | K.1. | | Action Items | SUBJECT: Award Bid to Diede Construction Inc., a Stock Corporation for Project CP230052 - Stephen Leonard Building Rehabilitation the Amount of $1,515,720
REPORT IN BRIEF
Considers awarding a Construction Contract to Diede Construction Inc. in the amount of $1,515,720 for the rehabilitation of Stephen Leonard Building located at 640 T Street.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the Stephen Leonard Building Rehab, Project CP230052 to Diede Construction, Inc., in the amount of $1,515,720; and,
B. Approving an increase to cost recovery revenue in Fund 5000-Parks and Community Services CIP in the amount of $1,781,840, appropriating the same in Fund 5000-Parks and Community Services CIP Project Number CP230052-Stephen Leonard Building Repairs and allowing the use of pooled cash until reimbursement is received from the insurance company; and,
C. Authorizing the City Manager to execute the necessary documents and to approve change orders not to exceed 20% of the total contract; and,
D. Authorizing the Finance Officer to make necessary budget adjustments | | |
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24-916
| 1 | K.2. | | Action Items | SUBJECT: Approval to Enter into a 3-Year Agreement with the Merced County District Attorney’s Office to Share the Cost of One (1) Crime Analyst for the Merced County Violence Interruption and Prevention (VIPER) Program
REPORT IN BRIEF
Considers approving a 3-year agreement with the Merced County District Attorney’s Office to share the cost of One (1) Crime Analyst for the Merced County Violence Interruption and Prevention (VIPER) program.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving of a Memorandum of Understanding with Merced County District Attorney’s Office to share the cost of one (1) VIPER Crime Analysts; and,
B. Authorizing the City Manager to execute the necessary documents. | | |
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24-1042
| 1 | K.3. | | Action Items | SUBJECT: Approval of Resolution of the City of Merced City Council Regarding Certain Terms and Conditions of Employment for the Merced Executive Unit, Unrepresented Employees’ Unit, and Public Safety Managers Unit
REPORT IN BRIEF
Considers approving a Resolution of the City of Merced City Council regarding certain terms and conditions of employment for the Merced Executive Unit, Unrepresented Employees’ Unit, and Public Safety Managers Unit.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2024-100, a Resolution of the City Council of the City of Merced, California, approving the terms and conditions of employment for the Merced Executive Unit, Unrepresented Employees’ Unit, and the Public Safety Managers Unit; and,
B. Authorizing the City Manager to make non-substantive modifications subject to City Attorney approval as to form and execute the necessary documents; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments and move positions into different funding sources if determine necessary. | | |
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24-1033
| 1 | K.4. | | Action Items | SUBJECT: Report for Discussion on Preliminary Annexation Application #24-02 for Moe Jawad, 28.49 Acres at the Southwest Corner of Lacava Road and San Augustine Drive
REPORT IN BRIEF
The City Council will be asked to evaluate Preliminary Annexation Application #24-02 for Moe Jawad, consisting of 28.49 acres of single-family development at the southwest corner of Lacava Road and San Augustine Drive.
RECOMMENDATION
City Council - Adopt a motion indicating general support for an official annexation application being processed for the Preliminary Annexation Application #24-02 (“Lacava Road-San Augustine project’). | | |
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24-943
| 1 | K.5. | | Action Items | SUBJECT: Approving a Service Agreement for the Development of a Parks, Recreation and Open Space (PROS) Master Plan with 110%, Inc. in Collaboration with KTUA Planning and Architecture in the Amount of $150,000
REPORT IN BRIEF
Considers approving a service agreement in the amount of $150,000 for the development of a new Parks, Recreation and Open Space Master Plan including community engagement, park & program assessments, prioritized capital improvement projects, and funding analysis to guide park development, standards, maintenance & programing over the next decade.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Services Agreement for the development of a Parks, Recreation & Open Space Master Plan with 110% Inc., in the amount of $150,000; and,
B. Authorizing the City Manager to make any necessary modifications and execute the necessary documents. | | |
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24-922
| 1 | K.6. | | Action Items | SUBJECT: Authorization to Submit a Formal Request to the U.S. Department of Housing and Urban Development (HUD) Asking for Voluntary Grant Reductions of Future CDBG and HOME Allocations in Lieu of Repayment from Local Funds, Stemming from the January 2020 HUD Environmental Monitoring Findings and Corrective Actions for the Gateway Terrace II Affordable Housing Project
REPORT IN BRIEF
Considers authorization to submit a formal letter to the U.S. Department of Housing and Urban Development (HUD) requesting Voluntary Grant Reductions (VGRs) of future annual Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) allocations, in lieu of the use of local funds, for repayment of prior expenditures that HUD determined were ineligible during the January 2020 Environmental Monitoring and as further determined by the October 2021 Monitoring Report that requires repayment of ineligible expenditures as a corrective action.
RECOMMENDATION
City Council - Adopt a motion:
A. Authorizing the City Manager to submit a formal letter to HUD requesting consideration a | | |
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24-999
| 1 | K.7. | | Action Items | SUBJECT: Approval of a Resolution Approving the Project Labor Agreement for the City of Merced and Authorizing the City Manager to Execute the Project Labor Agreement with the Valley Building and Construction Trades Council and Local Unions
REPORT IN BRIEF
Considers approving a Resolution approving the Project Labor Agreement for the City of Merced and authorizing the city manager to execute the Project Labor Agreement with the Valley Building and Construction Trades Council and Local Unions.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2024-101, a Resolution of the City Council of the City of Merced, California, Approving the Project Labor Agreement for the City of Merced and the Valley Building and Construction Trades Council and Local Unions; and,
B. Authorizing the City Manager to Execute the Project Labor Agreement. | | |
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24-1062
| 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
Consideration of 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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24-1059
| 1 | K.9. | | Action Items | SUBJECT: Introduction 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
Consideration of draft 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:
A. Introducing and approving the first reading of Ordinance No. 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; and,
B. Set the Ordinance for a second reading and adoption. | | |
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24-1054
| 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 introducing a proposed Ordinance amending Chapter 9.51, “Camping and Storage of Personal Property” to create restrictions on camping in public spaces within the City of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing and approving the first reading of Ordinance No. 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. Setting the Ordinance for a second reading and adoption. | | |
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24-981
| 1 | L.1. | | Business Item | SUBJECT: Council Member Ornelas’ Request for an Update from Staff on the South Merced Economic Development Study
REPORT IN BRIEF
Council Member Ornelas’ request for an update from staff on the South Merced Economic Development study.
RECOMMENDATION
Provide direction to staff on the next steps. | | |
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24-984
| 1 | L.2. | | Business Item | SUBJECT: Council Member Ornelas’ Request for an Update from Staff on the Efforts Made to Keep Barnes and Noble
REPORT IN BRIEF
Council Member Ornelas’ request for an update from staff on the efforts made to keep Barnes and Noble.
RECOMMENDATION
Provide direction to staff on the next steps. | | |
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24-983
| 1 | L.3. | | Business Item | SUBJECT: Council Member Ornelas’ Request for an Update from Staff on the Childs Avenue Project
REPORT IN BRIEF
Council Member Ornelas’ request for an update from staff on the Childs Avenue Project.
RECOMMENDATION
Provide direction to staff on the next steps. | | |
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24-940
| 1 | L.4. | | 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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24-883
| 1 | L.5. | | 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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