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Meeting date/time:
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4/17/2023
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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23-307
| 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 Cases: Appeal #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 | | |
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23-344
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9: Two (2) Potential Lawsuits | | |
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23-334
| 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: Six (6) Potential Cases | | |
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23-331
| 1 | B.4. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Attorney; Authority: Government Code Section 54957 | | |
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23-332
| 1 | B.5. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager; Authority: Government Code Section 54957 | | |
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23-322
| 1 | F.1. | | 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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23-076
| 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. | | |
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23-338
| 1 | I.2. | | Consent Item | SUBJECT: Information Only - Planning Commission Minutes of March 22, 2023
RECOMMENDATION
For information only. | | |
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23-256
| 1 | I.3. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of November 21, 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 November 21, 2022. | | |
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23-345
| 1 | I.4. | | Consent Item | SUBJECT: Approval of the Restated Joint Powers Agreement of the Merced County Association of Governments (MCAG)
REPORT IN BRIEF
Considers approving the Restated Joint Powers Agreement of the MCAG.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Restated Joint Powers Agreement of the MCAG; and,
B. Authorizing the City Manager or Deputy City Manager to execute the
agreement. | | |
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23-347
| 1 | I.5. | | Consent Item | SUBJECT: Approval of an Agreement with Marderosian & Cohen for an Amount not to Exceed $50,000 and the Approval of a Supplemental Appropriation in the Amount of $50,000 from the Unreserved, Unencumbered Fund Balance of Fund 6000-Wastewater System Operations, and to Support the Completion of a Hydrology Study
REPORT IN BRIEF
Considers approving an agreement with Marderosian & Cohen for the completion of a Hydrology Study in the Amount of $50,000 and the approval of a supplemental appropriation in the amount of $50,000 from the unreserved, unencumbered fund balance of Fund 6000-Wastewater System Operations.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Agreement with Marderosian & Cohen for the completion of a Hydrology Study for an amount not to exceed $50,000; and,
B. Approving a Supplemental Appropriation in the amount of $50,000 from the unreserved, unencumbered fund balance of Fund 6000-Wastewater System Operations Storm Drain Division; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments; and,
D. Authorizing the City Manage | | |
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23-183
| 2 | I.6. | | Consent Item | SUBJECT: Award Bid to AMS.Net for the Purchase of a CCTV Camera System for a Total Cost of $100,444
REPORT IN BRIEF
Considers awarding bid to AMS.Net for the purchase of a CCTV Camera System for a Total cost of $100,444.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the bid to AMS.Net for CCTV Camera Systems for a total cost of $100,444; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | | |
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23-172
| 1 | I.7. | | Consent Item | SUBJECT: Adoption of a Resolution Setting a Public Meeting for Monday, June 5, 2023, and a Public Hearing for Tuesday, June 20, 2023, Regarding Maintenance Districts Engineer’s Reports and Budgets - Fiscal Year 2023/2024
REPORT IN BRIEF
Considers setting a public meeting for Monday, June 5, 2023, to address the proposed Engineer’s Reports and Budgets and a formal public hearing for Tuesday, June 20, 2023, before a determination is made on the level of assessment to approve.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2023-25, 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. | | |
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23-336
| 1 | I.8. | | Consent Item | SUBJECT: Acceptance and Appropriation of Grant Funding in the Amount of $250 for FY 2022-23 from United States Tennis Association Northern California
REPORT IN BRIEF
Considers accepting and appropriating grant funding in the amount of $250 from USTA for HITS tennis equipment grant.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting grant funds from USTA NorCal in the amount of $250 and increasing Donations Contribution Revenue in Fund 1018-Parks & Community Service; and,
B. Appropriating the same to Operating Materials, Services and Supplies account in Fund 1018-Parks & Community Service; and,
C. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents. | | |
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23-002
| 1 | I.9. | | Consent Item | SUBJECT: Approval of Allocation of U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Resources, and Approval of Associated Subrecipient Agreement with the County of Merced, on Behalf of its Human Services Agency, for the Respective Program Approved in Support of the Continuum of Care with the Adopted 2022 Annual Action Plan
REPORT IN BRIEF
Considers approving the execution of Community Development Block Grant (CDBG) Subrecipient Agreement with the County of Merced, on behalf of its Human Services Agency, in the amount of $38,000 for the 2022 Continuum of Care Collaborative Applicant administrative support program.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the agreement for the program identified in the 2022 Annual Action Plan using Fiscal Year 2022-23 CDBG funds with the County of Merced on behalf of its Human Services Agency, in the amount of $38,000 for the “City and County Continuum of Care 2022-23 Collaborative Applicant” Program; and,
B. Authorizing the City Manager or the Deputy City Manager to execute, and if ne | | |
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23-036
| 1 | I.10. | | Consent Item | SUBJECT: Approval of the Release of Agreements Affecting the Property Approved for the Future Construction of the Devonwood Village Apartments as Requested by the Property Owner, Devonwood 64, LP., Generally Located on the South Side of Devonwood Drive, Between Loughborough Drive and Austin Avenue
REPORT IN BRIEF
The property owner, Devonwood 64, LP is seeking the release of five agreements to allow the site to be sold to a developer of the approved apartment complex. The five agreements include four Developer Agreements and one Subdivision Agreement. The City Council’s action would also include authorizing the City Manager or Deputy City Manager to execute the necessary documents to release the agreements.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the release of three agreements between the City of Merced and the Bianchi Land Company dated September 25, 1992, August 8, 1994, and July 21, 1999, and the release of a Developer Agreement between the City of Merced and PPC Highland Park, LLC dated November 6, 2006, and a Subdivision Agreement between the City o | | |
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23-209
| 1 | I.11. | | Consent Item | SUBJECT: Adoption of a Resolution of Intent Regarding Annexation No. 24 into Community Facilities District (CFD) No. 2003-2 (Services), Approving a Deposit and Reimbursement Agreement for Annexation No. 24, and Setting a Public Hearing for June 5, 2023, 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
Requests the City Council to adopt a Resolution of Intent to annex approximately 38 acres of land generally located at the northwest corner of G street and Farmland Avenue (CFD Annexation No. 24) into the City’s CFD for Services (CFD 2003-2), including the approval of a Deposit and Reimbursement Agreement for the annexation; accept the petition, consent, and waiver for Annexation No. 24; and set a public hearing and election for June 5, 2023.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2023-26, a Resolution of Intention of the City Council of the City of Merced, acting as the Legislative Body of the City of Merced Community Facilities District No. 2003-2 ( | | |
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23-288
| 1 | I.12. | | Consent Item | SUBJECT: Approval of a Memorandum of Understanding (MOU) Between the City of Merced and the Merced County Office of Education (MCOE) to Accept $650,000 to Install a Futsal Court at Community Park 42 Regional Sports Facility and Award Bid to American Paving Co. for the Community Park 42, Project Number CP220061, in the Amount of $5,800,580.70
REPORT IN BRIEF
Considers approving of a Memorandum of Understanding (MOU) between the City of Merced and the Merced County Office of Education (MCOE) to accept $650,000 for the installation of a futsal court at Community Park 42 Regional Sports Facility and awarding a construction contract to American Paving Co. in the amount of $5,800,580.70 for the Community Park 42 Regional Sports Facility project.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Memorandum of Understanding between the City of Merced and Merced County Office of Education to install a futsal court at Community Park 42 Regional Sports Facility; and,
B. Authorizing the City Manager or the Deputy City Manager to execute the MOU; and,
C. Accepting revenue fro | | |
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23-304
| 1 | I.13. | | Consent Item | SUBJECT: Award Bid to Mid Cal Pipeline & Utilities, Inc. for the Orchard Lane Sewer Relocation, Project Number CP190025, in the Amount of $876,235
REPORT IN BRIEF
Considers awarding a construction contract to Mid Cal Pipeline & Utilities, Inc. in the amount of $876,235 for the Orchard Lane Sewer Relocation Project.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the Orchard Lane Sewer Relocation Project, Project No. CP190025 to Mid Cal Pipeline & Utilities, Inc., in the amount of $876,235; and,
B. Authorizing the City Manager or Deputy 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 authorization to make necessary budget adjustments. | | |
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23-346
| 1 | I.14. | | Consent Item | SUBJECT: Lease Agreement 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 $87,236.68, Increasing Revenue in the Amount of $108,237, and Appropriating the Same
REPORT IN BRIEF
Considers approving a Lease Agreement 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 $108,237, and appropriating the same.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Lease Agreement with Williams Scotsman, Inc. in the amount of $87,236.68 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 5000-Parks and Community Services in the amount of $108,237, appropriating the same in Fund 5000-Parks and Community Servic | | |
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23-324
| 1 | I.15. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance to Approve 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
Second reading and final adoption of an Ordinance to approve 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 adopting 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. | | |
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23-337
| 1 | J.1. | | 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 JIVA MCE, LLC (“Jiva Life”)
REPORT IN BRIEF
JIVA MCE, LLC (“Jiva Life”) 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 JIVA MCE, LLC (“Jiva Life”); and,
B. Providing direction to staff regarding findings to grant or deny appeal, with or without prejudice. | | |
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23-293
| 1 | K.1. | | Report Item | SUBJECT: Further Discussion, Additional Information, and Project Alternatives Regarding Community Development Block Grant Project Funding for the U.S. Department of Housing and Urban Development (HUD) 2023 Annual Action Plan
REPORT IN BRIEF
Provides additional project information and alternative options for Council consideration regarding 2023 Annual Action Plan project funding proposals, following Council direction received at the Public Hearing on March 20, 2023.
RECOMMENDATION
City Council -
A. Discuss and provide additional direction and/or comments to staff regarding the 2023 revised preliminary project funding for inclusion into the 2023 Annual Action Plan; and,
B. Though not a Public Hearing, provide an opportunity for the public to comment on project funding options. | | |
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23-325
| 1 | L.1. | | Business Item | SUBJECT: Council Member Ornelas’ Request to Reconsider the Housing Trust Fund and Any Subsequent Funding Allocation
REPORT IN BRIEF
Council Member Ornelas’ request to reconsider the Housing Trust Fund and any subsequent funding allocation.
RECOMMENDATION
Provide direction to staff on next steps. | | |
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23-086
| 1 | L.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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23-198
| 1 | L.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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