|
|
Meeting date/time:
|
4/3/2023
6:00 PM
|
Minutes status:
|
Final
|
|
|
Meeting location:
|
City Council Chamber, 2nd Floor, Merced Civic Center, 678 W. 18th Street, Merced, CA 95340
|
|
23-303
| 1 | B.1. | | 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 | | |
Action details
|
Not available
|
|
23-305
| 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 Cases: Appeal #1 of the Planning Commission’s Approval of Commercial Cannabis Business Permit (CCBP) #22-02R for Retail Cannabis at 1111 Motel Drive by Edwin Kainth | | |
Action details
|
Not available
|
|
23-316
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION; Christopher Goodwin v. City of Merced; Workers Compensation Case Number ADJ14919795 and ADJ14919796; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
Action details
|
Not available
|
|
23-302
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Fair Housing Month
REPORT IN BRIEF
Received by Ana Andrade of the Project Sentinel Fair Housing | | |
Action details
|
Video
|
|
23-301
| 1 | F.2. | | Ceremonial Matter Item | SUBJECT: Proclamation - Sexual Assault Awareness Month
REPORT IN BRIEF
Received by a representative of Valley Crisis Center | | |
Action details
|
Video
|
|
23-300
| 1 | F.3. | | Ceremonial Matter Item | SUBJECT: Proclamation - Lao New Year
REPORT IN BRIEF
Received by a representative of the Lao Community. | | |
Action details
|
Video
|
|
23-075
| 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 |
Action details
|
Not available
|
|
23-258
| 1 | I.2. | | Consent Item | SUBJECT: Information Only Contracts for the Month of March 2023
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $36,000 and of Public Works contracts under $82,718. | approved | Pass |
Action details
|
Not available
|
|
23-306
| 1 | I.3. | | Consent Item | SUBJECT: Information Only - Planning Commission Minutes of March 8, 2023
RECOMMENDATION
For information only. | approved | Pass |
Action details
|
Not available
|
|
23-282
| 1 | I.4. | | Consent Item | SUBJECT: Approval to Accept, Increase Revenue, and Appropriate Partial Payment for the Stephen Leonard Park Community Center in the Amount of $115,525.93
REPORT IN BRIEF
Considers approving a partial payment from McLarens Property Insurance Company for the claim submitted to Alliant Property Insurance for damages caused by the May 17, 2022, fire to the Stephen Leonard Park Community Center.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting a partial payment; increasing the revenue to Cost Recovery account in Fund 5000 - Parks & Community Services CIP in the amount of $115,526; and,
B. Appropriating the same in Fund 5000 - Parks & Community Services CIP to Project CP230052-Stephen Leonard Park Community Center; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments for any future partial payments associated with Project CP230052-Stephen Leonard Park Community Center Repairs. | approved | Pass |
Action details
|
Not available
|
|
23-290
| 1 | I.5. | | Consent Item | SUBJECT: Approval of a First Amendment to an Agreement for Professional Services with GVP Ventures, Inc. for Conducting a City Manager Recruitment for an Amount not to Exceed $43,000 and Approval of a Supplemental Appropriation in the General Fund in the Amount not to Exceed $43,000
REPORT IN BRIEF
Considers approving a First Amendment to an agreement for Professional Services with the recruitment firm GVP Ventures, Inc (formerly Bob Murray and Associates) for the not to exceed amount of $43,000. Recruitment services would be provided for the position of City Manager.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a First Amendment to an agreement for Professional Services with GVP Ventures, Inc (formerly Bob Murray and Associates) in the amount not to exceed $43,000; and,
B. Approving a supplemental appropriation in the amount of up to $43,000 from the General Fund unreserved, unencumbered fund balance, transferring to Fund 6008-Support Services and appropriating the same in the Personnel Professional Services account line to cover the City Manager recruitment co | approved | Pass |
Action details
|
Not available
|
|
23-250
| 1 | I.6. | | Consent Item | SUBJECT: Approval of Service Agreements with Eight Artists for CALTRANS Transportation Art Project, Clean California Beautification Fund Contribution not to Exceed the Amount of $350,000 for Undercrossing Art Murals
REPORT IN BRIEF
Considers approving the Service Agreements with eight artists for the CALTRANS Clean California State Beautification Program not to exceed the amount of $350,000.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the service agreements with eight artists for CALTRANS Clean California State Beautification Program not to exceed the amount of $350,000 in funding for the installation of transportation mural art; and,
B. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents. | approved | Pass |
Action details
|
Not available
|
|
23-251
| 1 | I.10. | | Consent Item | SUBJECT: First Amendment to Settlement Agreement with Pacific Gas and Electric Company to Reimburse the City of Merced for Design and Construction of a 16-inch Water Main and Reconstruction of a Portion of Roadway, Curb, Gutter, Sidewalk and ADA Access Ramps on Canal Street Between 14th Street and 15th Street
REPORT IN BRIEF
Considers approving the First Amendment to Settlement Agreement between the City of Merced and Pacific Gas and Electric Company (PG&E) for a minor change to the Scope of Work in the Settlement Agreement.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the First Amendment to the Settlement Agreement between the City of Merced and Pacific Gas and Electric Company; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
Action details
|
Not available
|
|
23-287
| 1 | I.12. | | Consent Item | SUBJECT: Adoption of a Resolution Approving the 2022/2023 Local Transportation Fund (LTF) Claim Form in the Amount of $77,002 to be Filed with the Merced County Association of Governments (MCAG)
REPORT IN BRIEF
Considers approving and accepting $77,002 in Local Transportation Funds (LTF) from Merced County Association of Governments (MCAG) for the curb and gutter replacement along portions Austin Avenue, Childs Avenue, and Parsons Avenue, and the 1900 Block of Shadowbrook Drive and sidewalk replacement along portions of E. 11th, E. 13th, and D Streets.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2023-23, a Resolution of the City Council of the City of Merced, California, approving the Local Transportation Fund (LTF) Claim to be filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2022/2023; and,
B. Authorizing the Finance Officer to make any necessary budget adjustments. | approved | Pass |
Action details
|
Not available
|
|
23-295
| 1 | I.7. | | Consent Item | SUBJECT: Approval of Smiley Riley Utility Box and Youth Leadership Institute Skate Park Mural Art Projects
REPORT IN BRIEF
Considers approving the Smiley Riley Utility Box and Youth Leadership Institute Art Projects.
RECOMMENDATION
City Council - Adopt a motion approving Smiley Riley Utility Box and Youth Leadership Institute Art Installations for the Skate Park Mural Art Projects. | approved | Pass |
Action details
|
Video
|
|
23-308
| 1 | I.8. | | Consent Item | SUBJECT: Approval of Land Use Determination #23-01 - Finding of Public Convenience or Necessity for Circle K Stores, Inc., a New Gas Station and Convenience Market to be Located at the Southwest Corner of R Street and Loughborough Drive
REPORT IN BRIEF
This report provides options for the City Council to consider making a Finding of Public Convenience or Necessity (PCN), as required by the Department of Alcoholic Beverage Control (ABC) to issue a Type 20 alcohol license (allowing the sale of beer and wine for off-site consumption) for Circle K Stores, Inc., a new gas station and convenience market to be located at the southwest corner of R Street and Loughborough Drive.
RECOMMENDATION
City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow Circle K, Inc., a new gas station and convenience market to be located at the southwest corner of R Street and Loughborough Drive, to obtain a Type 20 license for off-site consumption allowing the sale of beer and wine (Option #1 as shown in the “Council Action” section of this Administrative Repor | approved | Pass |
Action details
|
Video
|
|
23-285
| 1 | I.9. | | Consent Item | SUBJECT: Award an Agreement for Professional Services for a Downtown Housing Feasibility Study to Mogavero Architects
REPORT IN BRIEF
Considers approving an Agreement for Professional Services with Mogavero Architects, for $61,800 to prepare a Downtown Housing Feasibility Study.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving an Agreement for Professional Services with Mogavero Architects, in the amount of $61,800 to prepare a Downtown Housing Feasibility Study; and,
B. Authorizing the City Manager or Deputy City Manager to execute the agreements and any necessary documents. | approved | Pass |
Action details
|
Video
|
|
23-176
| 1 | I.11. | | Consent Item | SUBJECT: Approval of a Statement of Services Contract with Musco Sports Lighting, LLC for the Purchase and Installation of Upgraded LED Sports Lighting for Soccer Fields and Skate Park at McNamara Park, Project No. CP230018, in the Amount of $309,140.25
REPORT IN BRIEF
Considers approving a Statement of Services Contract, in the amount of $309,140.25, with Musco Sports Lighting, LLC for the purchase and installation of LED lighting upgrades at McNamara Park soccer fields and skate park, as previously approved by Council and provided for in the current budget.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Statement of Services Contract with Musco Sports Lighting, LLC for the purchase of LED lighting upgrades for soccer fields and skate park at McNamara Park Project No. CP230018, in the amount of $309,140.25; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents and approve change orders up to 10% of the contract price. | approved | Pass |
Action details
|
Video
|
|
23-192
| 1 | J.1. | | Public Hearing Item | SUBJECT: Adopt a Statutory Exemption Pursuant to Section 15308 of the California Environmental Quality Act (CEQA) and Adopt a Resolution Amending Transportation Policy T-1.8 of the Merced Vision 2030 General Plan Regarding the Use of Vehicle Miles Traveled (VMT) as the Metric to Evaluate the Transportation Impacts of Development Projects Under CEQA and Adopting the Merced County Association of Governments (MCAG) VMT Thresholds and Guidelines (General Plan Amendment #23-01)
REPORT IN BRIEF
Considers the adoption of a Statutory Exemption pursuant to Section 15308 of the California Environmental Quality Act (CEQA) and adoption of a Resolution amending Transportation Policy T-1.8 of the Merced Vision 2030 General Plan regarding the use of Vehicle Miles Traveled (VMT) as the metric to evaluate the transportation impacts of development projects under CEQA and adopting the Merced County Association of Governments (MCAG) VMT Thresholds and Guidelines.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2023-24, a Resolution of the City Council of the City of Merced, Californ | approved | Pass |
Action details
|
Video
|
|
23-271
| 1 | J.2. | | Public Hearing Item | SUBJECT: Appeal of the Planning Commission’s Approval of Commercial Cannabis Business Permit (CCBP) #22-02R for Retail Cannabis at 1111 Motel Drive by Edwin Kainth
REPORT IN BRIEF
Edwin Kainth has 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 Edwin Kainth; and,
B. Providing direction to staff regarding findings to grant or deny appeal, with or without prejudice. | approved | Pass |
Action details
|
Video
|
|
23-222
| 1 | K.1. | | Report Item | SUBJECT: Report for Discussion of Preliminary Annexation Application #22-03 for the Baxter Ranches Annexation
REPORT IN BRIEF
The City Council will be asked to consider support for Preliminary Annexation Application #22-03 for the Baxter Ranches Annexation project consisting of 161 acres of low density residential, commercial office and open space generally located on the north side of Bellevue Road, west of Fahrens Creek.
RECOMMENDATION
City Council - Adopt a motion indicating general support for an official annexation application being processed for the Baxter Ranches Annexation project. | approved | Pass |
Action details
|
Video
|
|
23-317
| 1 | K.2. | | Report Item | SUBJECT: Adoption of an Urgency Ordinance Adding Chapter 9.75, “Displaced Tenant Protections,” to the City of Merced Municipal Code and Introduction of an Ordinance Adding Chapter 9.75, “Displaced Tenant Protections,” to the City of Merced Municipal Code
REPORT IN BRIEF
Considers adopting an urgency ordinance adding Chapter 9.75 to the City of Merced Municipal Code and introducing a regular ordinance adding Chapter 9.75 to the City of Merced Municipal Code.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Ordinance No. 2547, an Urgency Ordinance of the City Council of the City of Merced, California, Adding Chapter 9.75, “Displaced Tenant Protections,” to the Merced Municipal Code, and;
B. Introducing Ordinance No. 2548, an Ordinance of the City Council of the City of Merced, California, adding Chapter 9.75, “Displaced Tenant Protections,” to the Merced Municipal Code. | approved | Pass |
Action details
|
Video
|
|
23-085
| 1 | L.1. | | 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. | | |
Action details
|
Video
|
|
23-197
| 1 | L.2. | | 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. | | |
Action details
|
Video
|
|
|