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Meeting date/time:
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9/5/2023
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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23-771
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative: City Manager Stephanie Dietz; Employee Organizations: Merced Police Officers’ Association (MPOA). AUTHORITY: Government Code Section 54957.6 | | |
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23-750
| 1 | B.2. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT - Title: City Manager; AUTHORITY: Government Code 54957 | | |
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23-787
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Recognition of Xavein C. Cole for Being the Number One Long Jumper Champion in the USA at the Age of 11
REPORT IN BRIEF
Accepted by Xavein C. Cole. | | |
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23-739
| 1 | F.2. | | Ceremonial Matter Item | SUBJECT: Proclamation - Rail Safety Month
REPORT IN BRIEF
Received by Dave Stewart from California Operation Lifesaver. | | |
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23-746
| 1 | F.3. | | Ceremonial Matter Item | SUBJECT: Proclamation - National Recovery Month
REPORT IN BRIEF
Received by Julianne Sims, Assistant Director of Clinical Services from Merced County Behavioral Health and Recovery Services (BHRS). | | |
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23-708
| 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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23-745
| 1 | I.2. | | Consent Item | SUBJECT: Information Only Contracts for the Month of August 2023
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $37,000 and of Public Works contracts under $84,338. | approved | Pass |
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23-727
| 1 | I.3. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of January 17, 2023, January 25, 2023, January 31, 2023, February 9, 2023, February 11, 2023 and August 7, 2023
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 January 17, 2023, January 25, 2023, January 31, 2023, February 9, 2023, February 11, 2023 and August 7, 2023. | approved | Pass |
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23-760
| 1 | I.5. | | Consent Item | SUBJECT: Approval to Accept and Appropriate Grant Funds from the Department of Homeland Security, Federal Emergency Management Agency (FEMA) Fiscal Year 2022 Assistance to Firefighters Grant (AFG) Program in the Amount of $842,859 and Approving a Supplemental Appropriation from the Unencumbered, Unreserved General Fund Balance in the Amount of $84,286 for the Match Requirement, for a Total Project Cost of $927,145 for Self-Contained Breathing Apparatus (SCBA), Rescue Air Cart, SCBA Supplies, and SCBA Adapters; and Approval to Use Pooled Cash to Cover the Appropriation Until Grant Funds are Reimbursed
REPORT IN BRIEF
Considers approving to accept and appropriate grant funds from the Department of Homeland Security, Federal Emergency Management Agency (FEMA) Fiscal Year 2022 Assistance to Firefighters Grant (AFG) Program in the amount of $842,859 and approving a supplemental appropriation from the unencumbered, unreserved general fund balance in the amount of $84,286 for the match requirement, for a total project cost of $927,145 for Self-Contained Breathing Apparatus (SCBA), Rescue | approved | Pass |
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23-725
| 1 | I.6. | | Consent Item | SUBJECT: Approval of the 2024 Cafeteria Plan Renewal Regarding Employees’ and Retirees’ Health and Welfare Benefits Including Medical, Dental, Vision, Disability, Life and Flexible Spending
REPORT IN BRIEF
Considers approving the renewal of the 2024 Cafeteria Plan regarding employees’ and retirees’ health and welfare benefits.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the employees’ health and welfare benefits cafeteria plan renewal for calendar year 2024; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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23-774
| 1 | I.7. | | Consent Item | SUBJECT: Approval of a Water Transfer Agreement Between the Merced Irrigation District and the City of Merced for an Annual One-to-One Exchange at No Cost for up to 10,000 Acre Feet for a 50-Year Term
REPORT IN BRIEF
Considers approving the Water Transfer Agreement between the Merced Irrigation District and the City of Merced for an annual one-to-one exchange at no cost up to 10,000 acre-feet for a 50-year term.
RECOMMENDATION
City Council - Adopt a motion approving the Water Transfer Agreement between Merced Irrigation District and the City of Merced for an annual one-to-one exchange at no cost for up to 10,000 acre-feet over a 50-year term. | approved | Pass |
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23-776
| 1 | I.8. | | Consent Item | SUBJECT: Approval of a Memorandum of Understanding Between the County of Merced and the City of Merced for the Black Rascal Creek Flood Control Project and Approval of a Supplemental Appropriation, in the Amount of $1,061,510, from the Unreserved, Unencumbered Fund Balance of Fund 6000 - Wastewater System Operation (Storm Drain Division) to Support the Overall Project
REPORT IN BRIEF
Considers approving a Memorandum of Understanding Between the County of Merced and the City of Merced for the Black Rascal Creek Flood Control Project and approve a supplemental appropriation in the Amount of $1,061,510 from the unreserved, unencumbered fund balance of Fund 6000 - Wastewater System Operation (Storm Drain Division) to support the overall project.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Memorandum of Understanding Between the County of Merced and the City of Merced for the Black Rascal Creek Flood Control Project; and,
B. Approving a supplemental appropriation, in the amount of $1,061,510, from the unreserved, unencumbered fund balance of Fund 6000 - Wastewate | approved | Pass |
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23-700
| 1 | I.9. | | Consent Item | SUBJECT: Resolution Approving and Authorizing the Annual Local Transportation Fund (LTF) Claim to be Filed with Merced County Association of Governments (MCAG) for Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) of 2021 Swap for Fiscal Year 2022/23
REPORT IN BRIEF
Considers approving and adopting Resolution 2023-74 and authorizing filing the annual Local Transportation Funds (LTF) Claim for the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) of 2021 Swap in the amount of $334,037 for Fiscal Year 2022-23 to be filed with the Merced County Association of Governments (MCAG) for the South Childs Avenue and Canal Street Project.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2023-74, a Resolution of the City Council of the City of Merced, California, approving and authorizing the local transportation fund (LTF) claim to be filed with the Merced County Association of Governments (MCAG) for the Coronavirus response and relief supplemental appropriations acts of 2021 (CRRSAA) swap; and,
B. Authorizing filing of | approved | Pass |
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23-578
| 1 | I.10. | | Consent Item | SUBJECT: Approval of Contract Change Order No. 1 with T&S Intermodal Maintenance, Inc. DBA T&S West in the Amount of $377,731.00 to Add Bid Alternative 1 - Applegate Restroom Project No. CP 240043 Associated with Project No. CP220013- Regional Park Restrooms
REPORT IN BRIEF
Considers approving Change Order No. 1 with T&S Intermodal Maintenance, Inc. DBA T&S West in the amount of $377,731.00 to demo and install a new restroom at Applegate Park Project No. CP240043 associated with Project No.-Regional Park Restrooms.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Change Order No. 1 with T&S Intermodal Maintenance, Inc. DBA T&S West, in the amount of $377,731.00 for Project No. CP240043 associated with Project No. CP220013-Regional Park Restrooms; and,
B. Authorizing the City Manager or Deputy City Manager to sign the necessary documents. | approved | Pass |
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23-736
| 1 | I.11. | | Consent Item | SUBJECT: Approval of Additional Work Which is Reflected in Contract Change Order No. 1 for Project Number CP220061 - Community Park 42 (CP-42) in the Amount of $1,365,524.40
REPORT IN BRIEF
Considers approving Contract Change Order No. 1 to add a portion of Bid Schedule ‘B’ - Add Alternate # 1 Bid, Bid Schedule ‘C’ - Add Alternate # 2 Bid, a portion of Bid Schedule ‘D’ - Add Alternate # 3 Bid, and Bid Schedule ‘F’ - Add Alternate # 5 Bid to the contract with American Paving Company.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Contract Change Order No. 1 with American Paving Company in the amount of $1,365,524.40 for additional work; and,
B. Authorizing the City Manager or Deputy City Manager to sign the necessary documents. | approved | Pass |
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23-740
| 1 | I.12. | | Consent Item | SUBJECT: Introduction of an Ordinance Amending Section 10.28.230 No Parking Zones and 10.32.056, “Passenger Loading Zones - Permanent”, of the Merced Municipal Code
REPORT IN BRIEF
Introducing Ordinance 2553 and considers approving recommendations from the Traffic Committee approving the following: “Addition of no parking on the West side of “N” Street 1.) beginning at the southerly curb of the SW Corner of W. Childs Avenue and N Street, to the northly edge of Reyes Elementary’s North driveway, 2.) at the North Edge of the southerly driveway at Reyes Elementary thence northerly, 3.) additional red curbing starting at the South edge of the southerly Reyes Elementary driveway thence south, and 20 feet north of the Cartmell Drive crosswalk, throughout the crosswalk, and 20 feet South of the crosswalk,” “Addition of no parking on the South Side of 21st Street along the frontage of 1402 E. 21st Street, including street parking and blocking of driveways,” and “Additional passenger loading on the West Side of N Street beginning at the South edge of the Reyes Elementary “N” Street Northerl | approved | Pass |
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23-741
| 1 | I.14. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Approving Site Utilization Plan Revision #3 to Planned Development (P-D) #12 Changing the Land Use Designation from “Commercial Office” to “Self-Storage” for an Approximately 6-Acre Parcel Generally Located on the North Side of Olive Avenue, Approximately 725 feet East of Highway 59
REPORT IN BRIEF
Second Reading and Final Adoption of an Ordinance to Approving Site Utilization Plan Revision #3 to Planned Development (P-D) #12 Changing the Land Use Designation from “Commercial Office” to “Self-Storage” for an Approximately 6-Acre Parcel Generally Located on the North Side of Olive Avenue, approximately 725 feet East of Highway 59.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2552, An Ordinance of the City Council of the City of Merced, California, approving Site Utilization Plan Revision #3 to Planned Development (P-D) #12 changing the land use designation from “Commercial Office” to “Self-Storage” for an approximately 6-acre parcel generally located on the north side of Olive Avenue, approximately 725 f | approved | Pass |
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23-684
| 1 | I.4. | | Consent Item | SUBJECT: Award of Bid and Authorization to Purchase Public Safety Equipment in an Amount not to Exceed $56,017.16 with US Night Vision Corporation
REPORT IN BRIEF
Considers awarding the bid and authorizing for the purchase of ten (10) PVS-14A Gen 3 Night Vision Monoculars, eleven (11) USNV ballistic helmets, and eleven (11) USNV VCSEL IR-V pointers not to exceed $56,017.16 with US Night Vision Corporation.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the bid for the supply of the requested Public Safety equipment to US Night Vision Corporation; and,
B. Approving purchases of Public Safety equipment in an amount not to exceed $56,017.16 from US Night Vision Corporation; and,
C. Authorizing the City Manager or designee to execute any necessary documents and issue purchase orders within the approved amounts. | approved | Pass |
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23-758
| 1 | I.13. | | Consent Item | SUBJECT: Introduction of an Ordinance Amending Section 10.28.230 “No Parking Zones;” and 10.28.370,"Two-Way Stop Intersections;” of the Merced Municipal Code
REPORT IN BRIEF
Introducing Ordinance 2554 and considers approving recommendations from the Traffic Committee approving the following: “Addition of no parking on the South side of 312 W. Main Street on the West portion of the parking entrance, 17 feet from the last marked parking space,” and “Additional two-way stop when on M Street at any entrance thereof with 11th Street.”
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing Ordinance 2554, an Ordinance of the City Council of the City of Merced, California, amending section 10.28.230 “No Parking Zones;” and 10.28.370,"Two-Way Stop Intersections;” of the Merced Municipal Code; and,
B. Approving recommendations from the Traffic Committee listed above. | approved | Pass |
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23-728
| 1 | J.1. | | Public Hearing Item | SUBJECT: Public Hearing - Adoption of a General Rule Exemption; and, Introduction of an Ordinance Amending Chapters 20.08, 20.42, and 20.90 of the Merced Municipal Code to Revise Regulations Regarding Accessory Dwelling Units, Junior Accessory Dwelling Units and Tiny Homes on Wheels; and Introduction of an Ordinance Amending Chapter 20.56 of the Merced Municipal Code (Density Bonus) to Bring the Codes into Compliance with Current State Law and to Clarify Ambiguities in the Chapter
REPORT IN BRIEF
Considers the adoption of a General Rule Exemption and introduction of an ordinance that would modify the City’s requirements for Accessory Dwelling Units to meet state laws, Junior Accessory Dwelling Units, and Tiny Homes on Wheels; and introduction of an ordinance amending the Density Bonus chapter to bring that code into compliance with current state law and to clarify ambiguities in the chapter.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting a General Rule Exemption regarding Environmental Review #23-24; and,
B. Introducing Ordinance 2555, An Ordinance of the City Coun | approved | Pass |
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23-738
| 1 | J.2. | | Public Hearing Item | SUBJECT: Public Hearing (Continued) - Vacation #23-01 and #23-02 - Initiated by Rhino Holdings, LLC, to Vacate a Portion of Right-of-Way on the South Side of Main Street Between R Street and T Street and Reserving an Easement for Public Improvements
REPORT IN BRIEF
Considers adopting a Resolution to order the vacation of a portion of right-of-way on the south side of Main Street between R Street and T Street and reserving an easement for public improvements.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2023-68, a Resolution of the City Council of the City of Merced, California, Ordering the Vacation of a Portion of Right-of-Way on the South Side of Main Street Between R Street and T Street and Reserving an Easement for Public Improvements (Vacation #23-01 and #23-02). | approved | Pass |
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23-573
| 1 | K.1. | | Business Item | SUBJECT: Review and Discuss a Potential Ordinance Amendment to Chapter 8.30 Regulations of Shopping Carts
REPORT IN BRIEF
Review and discuss potential ordinance amendment to Chapter 8.30 of the City of Merced Municipal Code - Regulations of Shopping Carts.
RECOMMENDATION
Information only and possible Staff direction on revisions and/or next steps. | | |
Action details
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23-749
| 2 | L.1. | | Business Item | SUBJECT: Council to Consider Approval of the Arts and Culture Advisory Commission’s Proposal for an Arts District in the City of Merced
REPORT IN BRIEF
Considers approving the Arts and Culture Advisory Commission’s proposal for an Arts District in the City of Merced.
RECOMMENDATION
City Council - Adopt a motion approving the Arts and Culture Advisory Commission’s (ACAC) recommended Arts District in the City of Merced. | | |
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23-769
| 1 | L.2. | | Business Item | SUBJECT: Council Member Ornelas’ Request to Reconsider Re-Opening the Commercial Truck Parking Lot in the Airport Industrial Park at S. West Avenue and Stuart Drive
REPORT IN BRIEF
Council Member Ornelas’ request to reconsider re-opening and allowing commercial trucks to park in the Commercial Truck Parking Lot located off S. West Avenue.
RECOMMENDATION
Provide direction to staff on next steps. | approved | Pass |
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23-703
| 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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23-704
| 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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