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Meeting date/time:
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5/1/2023
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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23-385
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9: Two (2) Potential Cases | | |
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23-391
| 1 | B.2. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Attorney; Authority: Government Code Section 54957 | | |
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23-360
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Bike Month
REPORT IN BRIEF
Received by the Bicycle and Pedestrian Advisory Commission | | |
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Video
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23-361
| 1 | F.2. | | Ceremonial Matter Item | SUBJECT: Proclamation - Mental Health Awareness Month
REPORT IN BRIEF
The Mental Health Awareness Month Proclamation will be presented to a representative of Behavioral Health and Recovery Services. | | |
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23-077
| 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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23-378
| 1 | I.2. | | Consent Item | SUBJECT: Information Only Contracts for the Month of April 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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23-357
| 1 | I.3. | | Consent Item | SUBJECT: Information Only - Site Plan Review Minutes of March 2, 2023
RECOMMENDATION
For information only. | approved | Pass |
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23-342
| 1 | I.6. | | Consent Item | SUBJECT: Adoption of a Resolution Agreeing to the Increase in Costs for the Multijurisdictional Housing Element
REPORT IN BRIEF
Authorizes the increase in cost by $22,000 for more robust community engagement services from the consultant for the Multijurisdictional Housing Element (MJHE).
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2023-27, a Resolution of the City Council of the City of Merced, California, agreeing to the Increase in Cost for the Multi-Jurisdictional Housing Element; and,
B. Authorizing the City Manager or Deputy City Manager to execute any related documents necessary for the increase in cost of the MJHE. | approved | Pass |
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23-254
| 1 | I.8. | | Consent Item | SUBJECT: Approval of a Legal Services Agreement with Telecom Law Firm PC in the Amount not to Exceed $50,000 and Approval of Supplemental Appropriation from the Unreserved, Unencumbered General Fund Balance in the Amount of $50,000 Transferring to Fund 7008-Support Services and Appropriating to IT Admin Professional Services
REPORT IN BRIEF
Considers approving a Legal Services Agreement with the Law Firm Telecom Law Firm PC in the Amount Not to Exceed $50,000 and Approval of Supplemental Appropriation from the Unreserved, Unencumbered General Fund Balance in the Amount of $50,000, Transferring to Fund 7008-Support Services and Appropriating to IT Admin Professional Services
RECOMMENDATION
City Council - Adopt a motion:
A. Approving A Services Agreement with Telecom Law Firm PC in the amount of $50,000; and,
B. Approving a of Supplemental Appropriation from the Unreserved, Unencumbered General Fund Balance in the Amount of $50,000, transferring to Fund 7008-Support Services and Appropriating to IT Admin Professional Services; and,
C. Authorizing the City Manager to execute t | approved | Pass |
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23-333
| 1 | I.9. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Approval of Agreement for an additional $1,600 with Granicus, LLC. to Provide Professional Services for Minor Website and Intranet Cybersecurity Upgrade Totaling Contract Amounts not to Exceed $81,614.33
REPORT IN BRIEF
Considers approving to waive the competitive bidding requirement and approving the agreement for an additional $1,600 with Granicus, LLC. to provide professional Services for minor website and intranet cybersecurity upgrade totaling contract amounts not to exceed $81,614.33.
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 to sole sourcing; and,
B. Approving a new agreement with Granicus LLC. in the amount of $1,600 for professional services for minor website and intranet cybersecurity upgrade totaling a not to exceed amount of $81,614.33 for all contracts; and,
C. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents. | approved | Pass |
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Not available
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23-323
| 1 | I.4. | | Consent Item | SUBJECT: Award Proposal and Approval of a Statement of Service with Park Planet, in the Amount of $343,070.51, for a Measure Y Funded Project to Replace Playground Equipment at Dennis Chavez Memorial Park, Diego Rivera Park, and Charles Richard Drew Park Project No. CP230009
REPORT IN BRIEF
Considers awarding a proposal and approving a Statement of Service with Park Planet for a Measure Y funded project to replace playground equipment at three parks throughout Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding a proposal and approving a Statement of Service with Park Planet in the amount of $343,070.51 for the replacement of playground equipment at three (3) parks; 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 |
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Video
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23-377
| 1 | I.7. | | Consent Item | SUBJECT: Adoption of Resolutions Denying the Appeals Filed by Edwin Kainth, on Behalf of the Hotel Association, and Rajiv “Raj” Pottabathni, on Behalf of JIVA MCE, LLC, of the Planning Commission’s Decision to Approve Commercial Cannabis Business Permit #22-02R to Allow the Operation of a Retail Cannabis Facility at 1111 Motel Drive
REPORT IN BRIEF
Provides Resolutions for adoption confirming the denial of the appeals filed by Edwin Kainth, on behalf of the Hotel Association and Raj Pottabathni, on behalf of JIVA MCE, LLC, of the Planning Commission’s approval of Commercial Cannabis Business Permit (CCBP) #22-02R per City Council action on April 3, and 17, 2023.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2023-32, a Resolution of the City Council of the City of Merced, California, denying an appeal by Edwin Kainth, on behalf of the Motel Association concerning the action of the Planning Commission resulting in the approval of Commercial Cannabis Business Permit #22-02R, and making certain findings in connection therewith; and,
B. Adopting Resolution 2 | approved | Pass |
Action details
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Video
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23-340
| 1 | I.5. | | Consent Item | SUBJECT: Award Bid to T&S Intermodal Maintenance, Inc. DBA T&S West for the Regional Park Restrooms, Project No. CP220013, in the Amount of $458,350
REPORT IN BRIEF
Considers awarding a Construction Contract to T&S Intermodal Maintenance, Inc. DBA T&S West, in the amount of $458,350 for the Regional Park Restrooms Project.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the Regional Park Restroom, Project No. CP220013 to T&S Intermodal Maintenance, Inc. DBA T&S West, in the amount of $458,350; 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. | approved | Pass |
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23-219
| 1 | J.1. | | Public Hearing Item | SUBJECT: Public Hearing to Consider General Plan Amendment #22-03, Initiated by Eric Pluim on Behalf of Gateway Park Development Partners, LLC.; This Application Involves a Request to Change the General Plan Roadway Classification from Divided Arterial to Collector for a Portion of Mission Avenue from Coffee Street East to the End of the City Limits at Tower Road (Extended)
REPORT IN BRIEF
Request for City Council approval of a General Plan Amendment to amend the roadway classification from Divided Arterial to Collector in the General Plan Circulation Element for a portion of Mission Avenue.
RECOMMENDATION
City Council - Adopting Resolution 2023-31, A Resolution of the City Council of the City of Merced, California, approving an Addendum to the General Plan EIR (Environmental Review #22-25) and General Plan Amendment #22-03 Changing the Roadway Classification from Divided Arterial to Collector for a Portion of Mission Avenue from Coffee Street East to the End of the City Limits at Tower Road (Extended). | approved | Pass |
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23-343
| 1 | J.2. | | Public Hearing Item | SUBJECT: Public Hearing to Consider the Annexation of Certain Property into Community Facilities District (CFD) No. 2003-2 (Services), Calling and Holding a Special Election for Annexation No. 23 into CFD No. 2003-2 (Services; Canvassing the Results of the Election Held within Annexation No. 23 of Said District, and Annexing Annexation No. 23 to Said District and Authorizing the Levy of a Special Tax Within Said Annexation No. 23. Annexation No. 23 Consists of Approximately 8.16 Acres of Land Generally Located at the Southwest Corner of Campus Parkway and Coffee Street
REPORT IN BRIEF
Hold a public hearing and election for annexation into Community Facilities District No. 2003-2 (Services) for the approximately 8.16 acres of land generally located at the southwest corner of Campus Parkway and Coffee Street.
RECOMMENDATION
City Council - Adopt a motion:
A. Holding a Public Hearing on the annexation of certain property into the CFD and the levy of special taxes; and,
B. Adopting Resolution 2023-28, a Resolution of the City Council of the City of Merced, acting as the Legislati | approved | Pass |
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Video
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23-374
| 1 | J.3. | | Public Hearing Item | SUBJECT: Public Hearing - Receipt of Public Comment Regarding the U.S. Department of Housing and Urban Development (HUD) 2023 Annual Action Plan; Extension of the Public Review and Comment Period; and, Continue the Public Hearing and Anticipated Approval of the Annual Action Plan to the June 5, 2023, City Council Meeting
REPORT IN BRIEF
This report requests that the City Council open the public hearing for the Annual Action Plan, extend the public review and comment period, and continue the public hearing to the City Council meeting of June 5, 2023.
RECOMMENDATION
City Council -
A. Open the Public Hearing to receive new public comment regarding the Draft 2023 Annual Action Plan; and,
B. Adopt a motion continuing the Public Hearing to the June 5, 2023, City Council meeting and extending the ongoing 30-Day Public Review and Comment Period to May 15, 2023, at 5:00 p.m. | approved | Pass |
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23-390
| 1 | K.1. | | Report Item | SUBJECT: Report on the Implementation of the City Council Adopted American Rescue Plan Act (ARPA) Strategic Investment Plan, Including Seeking Direction on Program Elements for the Stimulus Program, Utility Bill Relief Program and Other Reinvestment Options
REPORT IN BRIEF
Report on the implementation of the City Council adopted American Rescue Plan Act (ARPA) Strategic Investment Plan, including seeking direction from the City Council on program elements as they relate to the Stimulus Program, Utility Bill Relief Program, and other Reinvestment options the continued impact of COVID-19 to essential services.
RECOMMENDATION
Provide staff direction on program elements and reinvestment options related to the implementation of the ARPA Strategic Investment Plan and continued impact of COVID-19 to essential services. | approved | Pass |
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23-326
| 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. | | |
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23-328
| 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. | | |
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