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Meeting date/time:
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2/6/2023
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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23-110
| 1 | B.1. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: Finance Officer; Authority: Government Code Section 54957 | | |
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23-139
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Paragraph (1) of Subdivision (d) of Government Code section 54956.9, Name of Case: City of Merced, City of Los Banos, and City of Atwater, Petitioners, vs. Merced County Association of Governments, Respondents | | |
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23-137
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Properties: APN #’s 049-200-005, 049-200-020, 049-200-022, 049-200-019, 049-200-023, 049-200-017, 049-200-021, 049-200-024, 049-200-025, 049-220-018, 049-220-019, 049-220-016, 049-220-020, 049-220-015, 065-030-004, 049-240-016, 049-240-017; Agency Negotiator: Stephanie Dietz, City Manager; Negotiating Parties: Robert C. Rice, Sandton Capital Partners and City of Merced; Under Negotiation: Price and Terms of Payment | | |
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23-138
| 1 | B.4. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative: City Manager Stephanie Dietz; Unrepresented Management AUTHORITY: Government Code Section 54957.6 | | |
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23-135
| 1 | B.5. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Government Code section 54956.9: One (1) Potential Case | | |
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23-136
| 1 | B.6. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Paragraph (1) of Subdivision (d) of Government Code section 54956.9, Name of Cases: Appeal #1 & #2 of the Planning Commission’s Approval of Commercial Cannabis Business Permit (CCBP) #22-02R for Retail Cannabis at 1111 Motel Drive by JIVA MCE, LLC. and Edwin Kainth | | |
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23-109
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Black History Month
REPORT IN BRIEF
Received by a Representative of the NAACP. | | |
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23-050
| 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 | |
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23-108
| 1 | I.2. | | Consent Item | SUBJECT: Information Only Contracts for the Month of January 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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23-070
| 1 | I.3. | | Consent Item | SUBJECT: Information Only - Building and Housing Board of Appeal Minutes of March 3, 2022
RECOMMENDATION
For information only. | approved | Pass |
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23-116
| 1 | I.4. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of September 19, 2022
REPORT IN BRIEF
Official adoption of previously held meeting minutes.
RECOMMENDATION
City Council/Public Financing and Economic Development/Parking Authority - Adopt a motion approving the meeting minutes of September 19, 2022. | approved | Pass |
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23-142
| 1 | I.6. | | Consent Item | SUBJECT: Approval of Street Closure Request and Use of City Owned Real Estate by the Martin Luther King Jr. Celebration Committee for the Annual Martin Luther King Jr. Community March and Celebration on February 18, 2023, Along Martin Luther King Jr Way from West 24th Street to West Main Street and the Use of a Portion of Parking Lot #14 Located at 1739 Martin Luther King Jr. Way
REPORT IN BRIEF
Authorizes the use and closure of Martin Luther King Jr. Way from West 24th Street to West Main Street and a portion of the City Parking Lot #14 located at 1739 Martin Luther King Jr. Way on Saturday, February 18, 2023, to hold a march, parade and food preparation for the annual Martin Luther King, Jr. celebration.
RECOMMENDATION
City Council - Adopt a motion approving the request by Tamara Cobb and the Martin Luther King Jr. Celebration Committee to close Martin Luther King Jr. Way from West 24th Street to West Main Street and to cone off a portion of the City Parking Lot #14 located at 1739 Martin Luther King Jr. Way on Saturday, February 18, 2023, to hold the march and prepare fo | approved | Pass |
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23-104
| 1 | I.7. | | Consent Item | SUBJECT: Approval of Allocation of U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Program Resources and Approval of Associated Subrecipient Agreement with Symple Equazion for the Program Approved with the Adopted 2021 Annual Action Plan
REPORT IN BRIEF
Considers authorizing the execution of the Community Development Block Grant (CDBG) Subrecipient Agreement with Symple Equazion ($61,310)
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the agreement for the program identified in the 2021 HUD Annual Action Plan using Fiscal Year 2021-22 CDBG funds with Symple Equazion in the amount of $61,310 for their “Symple Soul Employment Readiness Program”; and,
B. Authorizing the City Manager or the Deputy City Manager to execute, and if necessary, direct staff to make minor modifications to the agreements described above and as attached, and all associated documents and exhibits; and,
C. Authorizing the Finance Officer to make necessary budget adjustments. | approved | Pass |
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23-055
| 1 | I.8. | | Consent Item | SUBJECT: Waiving the Competitive Bidding Requirement and Approval of Professional Services Agreement with San Bernardino Regional Emergency Training Center for Aircraft Rescue and Firefighting Part 139 Live Fire Training
REPORT IN BRIEF
Considers waiving the competitive bidding requirement and approving a professional services agreement with San Bernardino Regional Emergency Training Center for Aircraft Rescue and Firefighting Part 139 Live Fire Training.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code Section 3.04.210 due sole sourcing since SBRETC is the only facility in California capable of providing this training; and,
B. Approving Professional Services Agreement with San Bernardino Regional Emergency Training Center for Aircraft Rescue and Firefighting Part 139 Live Fire Training in the amount not to exceed $56,145; and,
C. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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23-057
| 1 | I.9. | | Consent Item | SUBJECT: Second Amendment to the Professional Services Agreement with Total Online Protection, LLC for the Replacement of Data Center HVAC and Uninterruptable Power Supply Systems, Project No. 120066 to Extend the Term of the Agreement to December 31, 2023
REPORT IN BRIEF
Considers extending the term of the agreement for professional services with Total Online Protection, LLC from December 31, 2022, to December 31, 2023. This extension is due to supply chain issues with the HVAC system for the project.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Second Amendment to Agreement for Professional Services with Total Online Protection, LLC to extend the term of the agreement to December 31, 2023; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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23-096
| 1 | I.10. | | Consent Item | SUBJECT: First Amendment to the Professional Services Agreement with HerSchy Environmental, Inc., in the Amount of $44,555.47 to Conduct Additional Laboratory Analysis of Groundwater Samples for Per- and Poly-Fluorinated Substances During the First Quarter 2023 at the Airport Hazardous Waste Site and Perform an Updated Sensitive Receptor Survey
REPORT IN BRIEF
Considers approving the First Amendment to Professional Services Agreement with HerSchy Environmental, Inc., to perform groundwater analysis and an updated Sensitive Receptor Survey in support of the Airport Hazardous Waste Site investigation. The amendment is necessary to ensure that the City of Merced remain in compliance with the Regional Water Quality Control Board (Regional Board) requirements.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the First Amendment to Professional Services Agreement with HerSchy Environmental, Inc. for additional groundwater sampling, laboratory analysis, and updated Sensitive Receptor Survey and the additional compensation in the amount of $44,555.47, for a total contract amo | approved | Pass |
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23-098
| 1 | I.11. | | Consent Item | SUBJECT: Assignment and Restatement of Ground Lease for a Private Hangar at the Merced Yosemite Regional Airport with Hangar # 42, LLC
REPORT IN BRIEF
Assignment and Restatement of a private hangar ground lease for Corporate Hangar #42 at the Merced Yosemite Regional Airport with Hangar # 42, LLC.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the lease Assignment and Restatement between Hangar # 42, LLC. and the City of Merced; and,
B. Authorizing the City Manager or the Deputy City Manager to execute all necessary documents. | approved | Pass |
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23-100
| 1 | I.12. | | Consent Item | SUBJECT: Accept and File Community Facilities District (CFD) Nos. 2003-1 (Bellevue Ranch East), 2003-2 (Services), 2005-1 (Bellevue Ranch West), 2006-1 (Moraga of Merced) Annual Disclosure Reports for Fiscal Year 2021-2022
REPORT IN BRIEF
The continuing annual disclosure reports contain certain CFD information required to be filed annually by the City per Security and Exchange Commission (SEC) rule 15c2-12(b) and Government Code sections 50075-50077 and 53410-53412.
RECOMMENDATION
City Council - Adopt a motion accepting and filing the CFD Annual Disclosure Reports for Fiscal Year 2021-2022 for CFD Nos. 2003-1 (Bellevue Ranch East), 2003-2 (Services), 2005-1 (Bellevue Ranch West), 2006-1 (Moraga of Merced). | approved | Pass |
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23-059
| 1 | I.13. | | Consent Item | SUBJECT: Approval of a First Amendment to an Agreement for Legal Services with Best, Best & Krieger in an Amount not to Exceed $80,000
REPORT IN BRIEF
Considers approving a first amendment to an agreement for legal services with Best, Best & Krieger in an amount not to exceed $80,000.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a First Amendment to an agreement for legal services with Best, Best & Krieger in an amount not to exceed $80,000; and,
B. Approving Inter-Fund Transfers in the amount of $55,000 from Fund 672-Support Services Professional Services expense to General Fund-City Attorney department and appropriating the same in the City Attorney’s Professional Services account line; and,
C. Authorizing the City Manager or designee to execute the necessary documents. | approved | Pass |
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23-114
| 1 | I.14. | | Consent Item | SUBJECT: Approval of Street Closure Request #22-13 by Velo Promo, LLC, with Golden Chain Cyclists, to Host the 36th Annual Merced Criterium Bicycle Race, to Include M Street, From W. 21st to W. 18th Streets; W. 18th Street, From M to N Streets; and N Street, From W. 18th Street and Including the Merced County Courthouse Loop on Sunday, February 26, 2023, from 6:00 a.m. to 5:00 p.m.
REPORT IN BRIEF
Considers approving a request by Velo Promo, LLC, with Golden Chain Cyclists, for the closure and use of City streets on Sunday, February 26, 2023, for the 36th Annual Merced Criterium Bicycle Race. The request seeks approval to close M Street, between W. 21st and W. 18th Streets; W. 18th Street, between M and N Streets; and N Street, from W. 18th Street to include the Merced County Courthouse loop, from 6:00 a.m. to 5:00 p.m.
RECOMMENDATION
City Council - Adopt a motion approving the street closure of M Street, between W. 21st and W. 18th Streets; W. 18th Street, between M and N Streets; and N Street, from W. 18th Street to include the Merced County Courthouse loop, on Sunday, F | approved | Pass |
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23-117
| 1 | I.16. | | Consent Item | SUBJECT: Approval of a Supplemental Appropriation in the Amount of $50,000 From the Unreserved, Unencumbered Fund Balance of the General Fund, Transferring to Fund 450-Streets & Signals CIP and Appropriating the Same in Fund 450-Streets and Signals CIP to Support City Improvements as Outlined in the Arbor Walkway Settlement Agreement and Amended and Restated Easement
REPORT IN BRIEF
Considers approving a Supplemental Appropriation in the amount of $50,000 from the unreserved, unencumbered fund balance of the General Fund, transferring to Fund 450-Streets and Signals CIP and appropriating the same in Fund 450-Streets & Signals CIP to support City improvements as outlined in the Arbor Walkway Settlement Agreement and Amended and Restated Easement.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Supplemental Appropriation in the amount of $50,000 from the unreserved, unencumbered fund balance of the General Fund, transferring to Fund 450-Streets and Signals CIP and appropriating the same in Fund 450-Streets & Signals CIP to support City improvements as outlined in the | approved | Pass |
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23-140
| 1 | I.5. | | Consent Item | SUBJECT: Adoption of a Resolution to Display the Council Approved Commemorative Flags at Bob Hart Square per City Council Policy C-7
REPORT IN BRIEF
Considers adopting a Resolution to display Council approved commemorative flags in Bob Hart Square per the City Council Policy C-7.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2023-10 , a Resolution of the City Council of the City of Merced, California, authorizing the display of a commemorative flags on the City flagpole in Bob Hart Square for the months of May, June, and September 2023. | approved | Pass |
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23-132
| 1 | I.15. | | Consent Item | SUBJECT: Approval of Street Closure Request #23-03 by the Merced County Hispanic Chamber of Commerce to Host a Vendor Fair Event (El Mercado), Located on W. Main Street Between M and K Streets, Canal Street Between Main Street and W. 18th Street, Including Bob Hart Square on Thursday, March 2, 2023, From 3:00 p.m. to 10:00 p.m. and Approval of a Request for a City of Merced 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, March 2, 2023, for a Vendor Fair Event (El Mercado). The request seeks approval to close W. Main Street, between M and K Streets, 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 Sponsorship.
RECOMMENDATION
City Council - Adopt a motion
A. Approving the street closure of W. Main Street between M and K Streets, Canal Street between Main Street and W. 18th Street, and the use of Bob Hart Square on Thursday, March 2 | approved | Pass |
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23-129
| 1 | I.17. | | Consent Item | SUBJECT: Adoption of Resolution 2023-09 Extending the Proclamation of a Local Emergency Within the Territorial Limits of the City of Merced as Proclaimed by the Director of Emergency Services on January 7, 2023 and Again on January 14, 2023 Pursuant to Merced Municipal Code Section 8.20.070
REPORT IN BRIEF
Asking the City Council to continue the State of Emergency due to severe storms and potential flooding.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2023-09, a Resolution of the City Council of the City of Merced, California, extending the proclamation of a local emergency. | approved | Pass |
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23-113
| 1 | I.18. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance to Approve Zone Change #431, Initiated By Sam Sahota, Property Owner; this Application is a Request for a Zone Change from an Urban Transition (U-T) Zone to a Low Density Residential (R-1-5) Zone at 385 S. Coffee Street to Develop a Future Subdivision with 45 Single-Family Home Lots at 385 S. Coffee Street; and, the Approximate 9.91-Acre Subject Site is Generally Located at the West Side of S. Coffee Street, 300 Feet North of E. Gerard Avenue
REPORT IN BRIEF
Second reading and final adoption of an Ordinance to approve a Zone Change from Urban Transition (U-T) to Low Density Residential (R-1-5) for one approximate 9.91-acre parcel located at 385 S. Coffee Street.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2546, An Ordinance of the City Council of the City of Merced, California, amending the official Zoning Map by rezoning approximately 9.91 acres of land at 385 South Coffee Street, generally located on the west side of South Coffee Street, 300 feet North of East Gerard Avenue, from Urban Transiti | approved | Pass |
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23-047
| 1 | J.1. | | Public Hearing Item | SUBJECT: Appeal #1 & #2 of the Planning Commission’s Approval of Commercial Cannabis Business Permit (CCBP) #22-02R for Retail Cannabis at 1111 Motel Drive by JIVA MCE, LLC. and Edwin Kainth
REPORT IN BRIEF
JIVA MCE, LLC, and Edwin Kainth have separately appealed the Planning Commission’s approval of Commercial Cannabis Business Permit #22-02R (Culture Merced Dispensary) for a retail cannabis facility at 1111 Motel Drive.
RECOMMENDATION
City Council - Adopt a motion:
A. Granting or denying the appeal of JIVA MCE, LLC.; and,
B. Granting or denying the appeal of Edwin Kainth; and,
C. Providing direction to staff regarding findings to grant or deny each appeal, with or without prejudice; and,
D. Directing staff to proceed with either the approval of CCBP #22-02R or the continuation of the retail cannabis selection process, including direction on how to proceed with the tied score for second-highest scoring application. | approved | Pass |
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23-144
| 1 | K.1. | | Report Item | SUBJECT: Wastewater Collection System Master Plan (WCSMP)
REPORT IN BRIEF
Seeks Council direction on finalizing the draft Wastewater Collection Master Plan.
RECOMMENDATION
City Council - Provide direction to staff on finalization of the draft Wastewater Collection Master Plan, provide direction to begin the CEQA environmental process. | approved | Pass |
Action details
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23-143
| 1 | L.1. | | Business Item | SUBJECT: Direction Regarding Advanced Air’s Request to Change Southern California Flight Service from Los Angeles International Airport to Hawthorne Municipal Airport
REPORT IN BRIEF
Advanced Air’s CEO Levi Stockton submitted a letter requesting that the City of Merced consider allowing the airline to transfer its Southern California flight from Los Angeles International Airport (LAX) to Hawthorne Municipal Airport (HHM). The request was previously heard by Council on December 5, 2022.
RECOMMENDATION:
City Council - Provide staff direction regarding Advanced Air’s request to change flight service from Los Angeles International Airport to Hawthorne Municipal Airport. | approved | Pass |
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23-141
| 1 | L.2. | | Business Item | SUBJECT: Selection of Council Members to Attend the One Voice Trip
REPORT IN BRIEF
Council to decide who will attend the One Voice trip. | approved | Pass |
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23-111
| 1 | L.3. | | Business Item | SUBJECT: Council Member Xiong’s Request to Discuss Public Comments and Voicemails
REPORT IN BRIEF
Council Member Xiong’s request to discuss public comments and voicemails for City Council meetings pursuant to City Council Administrative Policies and Procedures C-1.
RECOMMENDATION
Provide direction to staff on next steps. | approved | Fail |
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23-051
| 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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23-052
| 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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