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Meeting date/time:
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10/2/2023
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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23-872
| 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) and Merced Association of Police Sergeants and Merced Association of City Employees (MACE). AUTHORITY: Government Code Section 54957.6 | | |
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23-873
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative: City Manager Stephanie Dietz; Employee Organizations: International Association of Fire Fighters, Local 1479. AUTHORITY: Government Code Section 54957.6 | | |
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23-874
| 1 | B.3. | | 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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23-875
| 1 | B.4. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative(s): City Manager Stephanie Dietz; Employee Organizations: American Federation of State, County, and Municipal Employees (AFSCME) Council 57 and Merced Association of City Employees (MACE). AUTHORITY: Government Code Section 54957.6 | | |
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23-849
| 1 | B.5. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE APPOINTMENT - TITLE: City Attorney; AUTHORITY: Government Code 54957 | | |
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23-854
| 1 | B.6. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9 (d)(4): one (1) Potential Case | | |
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23-843
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Hispanic Heritage Month
REPORT IN BRIEF
Received by Annissa Fragoso, President of the Hispanic Chamber of Commerce. | | |
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23-844
| 1 | F.2. | | Ceremonial Matter Item | SUBJECT: Proclamation - Breast Cancer Awareness Month
REPORT IN BRIEF
Accepted by a representative from the Merced Fire IAFF Local 1479. | | |
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23-733
| 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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23-847
| 1 | I.2. | | Consent Item | SUBJECT: Information Only Contracts for the Month of September 2023
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $37,000 and of Public Works contracts under $84,338. | | |
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23-814
| 1 | I.3. | | Consent Item | SUBJECT: Information Only - Site Plan Review Minutes of July 13, 2023
RECOMMENDATION
For information only. | | |
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23-813
| 1 | I.4. | | Consent Item | SUBJECT: Information Only - Planning Commission Minutes of August 9, 2023
RECOMMENDATION
For information only. | | |
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23-848
| 1 | I.5. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of February 21, 2023, August 21, 2023, and September 5, 2023
REPORT IN BRIEF
Official adoption of previously held meeting minutes.
RECOMMENDATION
City Council/Public Financing and Economic Development/Parking Authority/Successor Agency to the Redevelopment Agency - Adopt a motion approving the meeting minutes of February 21, 2023, August 21, 2023, and September 5, 2023. | | |
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23-788
| 1 | I.6. | | Consent Item | SUBJECT: Approval of an Agreement for Services with Dudek for Environmental Services and a Deposit and Reimbursement Agreement with Gardner Ranch 2, LLC and Gardner Commercial LP, Relating to the Annexation of the Approximately 70 Acres of Land at the Northeast Corner of Yosemite Avenue and Gardner Avenue
REPORT IN BRIEF
Considers approving an agreement for services with Dudek, in the amount of $202,820 to perform environmental services for the annexation of approximately 70 acres at the northeast corner of Yosemite Avenue and Gardner Avenue to the City of Merced and entering into a deposit and reimbursement agreement with Gardner Ranch 2, LLC and Gardner Commercial, LP, in the amount of $223,102 to fund the Dudek contract and to reimburse for City staff time to manage the contract.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving an Agreement for Services with Dudek, in the amount of $202,820 to perform environmental services for the annexation of the University Vista project to the City of Merced; and,
B. Approving a Deposit and Reimbursement Agreement with Gardn | | |
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23-822
| 1 | I.7. | | Consent Item | SUBJECT: Approval of a Supplemental Appropriation from the Unencumbered, Unreserved Fund Balance of Fund 3002-Bell Station in the Amount of $11,600 and Unencumbered, Unreserved Fund Balance of Fund 1000-General Fund in the Amount of $38,400, for Mold and Asbestos Remediation, and Other Expenditures at the Bell Station Located at 415 W. 18th Street
REPORT IN BRIEF
Considers approving a Supplemental Appropriation from the unencumbered, unreserved fund balance of Fund 3002-Bell Station and unencumbered, unreserved fund balance of Fund 1000-General Fund in the amount of $38,400 for a total of $50,000, for Mold and Asbestos Remediation, and Other Expenditures at the Bell Station located at 415 W. 18th Street.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a supplemental appropriation from the unencumbered, unreserved fund balance of Fund 3002-Bell Station in the amount of $11,600, for mold and asbestos remediation, and other expenditures at the Bell Station located at 415 W. 18th Street; and,
B. Approving a supplemental appropriation from the unencumbered, unreserved | | |
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23-825
| 1 | I.9. | | Consent Item | SUBJECT: Award Bid to Razzari Ford for the Purchase of Two (2) New Crew Cab Pickups with Service Bodies for a Cost of $61,982.40 each for the Parks and Streets Departments
REPORT IN BRIEF
Considers awarding the bid to Razzari Ford for the purchase of two new crew cab pickups with service bodies for the Parks Department and Streets Departments.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the bid to Razzari Ford for the supply of two new crew cab pickups with service bodies, for a cost of $123,964.80; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments; and,
D. Authorizing the City Buyer to issue the Purchase Order(s), and approval of change orders not to exceed 10% of the total purchase price. | | |
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23-790
| 1 | I.10. | | Consent Item | SUBJECT: Approval to Accept and Appropriate $24,973 in Grant Funds from the California Fire Foundation (CFF); and Approval to Use Pooled Cash to Cover the Appropriation Until Grant Funds are Reimbursed
REPORT IN BRIEF
Considers approving to accept and appropriate $24,973 in grant funds from the California Fire Foundation (CFF) under their 2023 Statewide Climate-Related Wildfire & Disaster Prevention and Preparedness grant; and approving the use of pooled cash to cover the appropriation until grant funds are reimbursed.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting $24,973 from California Fire Foundation’s 2023 Statewide Climate-Related Wildfire & Disaster Prevention and Preparedness grant, increasing revenue and appropriating the same in Fund 1000-General Fund-Fire, Project GR240016; and,
B. Authorizing the use of pooled cash to cover the appropriation until grant funds are reimbursed; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments; and,
D. Authorizing the City Manager or Deputy City Manager to execute all documents, includin | | |
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23-851
| 1 | I.11. | | Consent Item | SUBJECT: Approval to Accept and Appropriate Grant Funds from the Department of Homeland Security, Federal Emergency Management Agency (FEMA) Fiscal Year 2022 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the Amount of $8,903,616
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 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the Amount of $8,903,616.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting $8,903,616 from SAFER Grant for Fire Department personnel and fringe benefits; and,
B. Appropriating $2,763,888 in Fiscal Year 2023-24 for personnel and fringe benefits in Fund 1000-General Fund-Fire, project GR240017 for the first year of the grant; and,
C. Increasing the revenue budget in Fiscal Year 2023-24 for $2,763,888 in Fund 1000-General Fund-Fire, project GR240017 for the first year of the grant; and,
D. Authorizing the Finance Officer make the necessary budget adjustments; and,
E. Authorizing | | |
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23-819
| 1 | I.12. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Authorizing the Purchase of Self-Contained Breathing Apparatus (SCBA) and Associated Equipment for the Fire Department Through Cooperative Purchasing Agreements with Sourcewell and LN Curtis and Sons, in an Amount not to Exceed $927,144.46, Based Upon Standardization and the Proprietary Nature of the Equipment and Approval of Exhibit A of Memorandum of Understanding (MOU) Between the City of Merced and the City of Atwater
REPORT IN BRIEF
Considers approving to waive the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 and approving the purchase of SCBA’s and associated equipment in the amount not to exceed $927,144.46, through the government procurement program Sourcewell. Also approves “Exhibit A” an amendment to the MOU table based upon actual disbursement.
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 utilizing a cooperative purchase agreement through | | |
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23-852
| 1 | I.13. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirement to Allow for the Purchase of Standardized Equipment and Approval of User Agreement from Cellebrite Inc. for a Total Amount of $37,725.13
REPORT IN BRIEF
Considers approving to waive the competitive bidding requirement pursuant to Merced Municipal Code section 3.04.210 for purchases necessary for standardization of particular types of equipment. Also, the approval to purchase equipment from Cellebrite Inc. for Cellebrite Guardian premium annual subscription service and equipment for a total amount of $37,725.13.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving to waive the competitive bidding requirements as stated in Section 3.04.210 of the Merced Municipal Code for standardization of equipment; and,
B. Approving the purchase of Cellebrite Guardian premium annual subscription service and equipment in the amount of $37,725.13; and,
C. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | | |
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23-735
| 1 | I.14. | | Consent Item | SUBJECT: Approval of Street Closure Request with the Use of City Owned Property Located at Bob Hart Square Submitted by Merced Main Street Association for the 2023 Annual Christmas Parade on December 2, 2023 From 10:00 A.M. Until 8:00 P.M.
REPORT IN BRIEF
Considers approving the use of City streets on December 2, 2023, for the Christmas Parade.
RECOMMENDATION
City Council - Adopt a motion approving the street closures of East Main Street, from Calimyrna Avenue to “G” Street, West Main Street, from “G” to “O” Streets, “O” Street from West Main Street to 20th Street including side streets, the city owned property known as Bob Hart Square as requested by Mike Waite of the Merced Main Street Association for the 2023 Christmas Parade on Saturday, December 2, 2023. | | |
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23-850
| 1 | I.15. | | Consent Item | SUBJECT: Approval of Street Closure Request Submitted by Liza Servin for the 2023 Central California Band Review on November 11, 2023 from 5:00 A.M. Until 2:30 P.M.
REPORT IN BRIEF
Considers approving the use of City streets on November 11, 2023 for the Central California Band Review.
RECOMMENDATION
City Council - Adopt a motion approving the street closures of Parsons Avenue, from Merced Avenue to Dinkey Creek; Dinkey Creek, from Parsons Avenue to Watertown Drive; Watertown Drive, from Dinkey Creek to East Childs Avenue; and East Childs Avenue, from Coffee Street to Carol Avenue, as requested by Golden Valley High School Band Boosters Coordinator Liza Servin for the 2023 Central California Band Review scheduled Saturday, November 11, 2023. The street closures will be between 5:00 a.m. and 2:30 p.m., subject to the conditions of the administrative staff report. | | |
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23-853
| 1 | I.16. | | Consent Item | SUBJECT: Approval of Street Closure Request for East Main Street, West Main Street, Canal Street, and “O” Street, the Use of Bob Hart Square, and Power Connections at Bob Hart Square, West Main Steet at Martin Luther King Jr Way, and West Main Street at “O” Street. Submitted by John Cox with the County of Merced for the 2023 Veterans Day Parade on November 11, 2023, from 7:00 A.M. Until 7:00 P.M.
REPORT IN BRIEF
Considers approving the use of City streets on November 11, 2023, for the Veteran’s Day Parade. The Street Closure Request includes East Main Street, West Main Street, Canal Street, and O Street. The use of Bob Hart Square, and power connections at Bob Hart Square, West Main Steet at Martin Luther King Jr Way, and West Main Street at “O” Street.
RECOMMENDATION
City Council - Adopt a motion approving the street closures of East Main Street, from “Calimyrna Avenue to G” Street; West Main Street, from “G” to Canal Streets; Canal Street from W. Main Street to West 18th Street; West 18th Street from Canal Street to “O” Street and “O” Street, from W. 18th Street to 20th Street, | | |
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23-793
| 1 | I.8. | | Consent Item | SUBJECT: Approval of a Supplemental Appropriation in Fund 4028-Cypress Terrace Maintenance District in the Amount of $13,000 and Fund 4029-Las Brisas Maintenance District in the Amount of $10,100 and Approval of an Agreement for Landscape Maintenance Services with Central Valley Lawnscapes, Inc., for Maintenance of Various Maintenance Districts, in an Annual Amount of $361,560 for a Thirty-Three (33) Month Term Beginning October 3, 2023, Through June 30, 2026, with an Option to Extend the Agreement for Three (3) Additional One (1) Year Term(s)
REPORT IN BRIEF
Considers approving supplemental appropriations in Fund 4028-Cypress Terrace Maintenance District in the amount of $13,000 and Fund 4029-Las Brisas Maintenance District in the amount of $10,100, and approving a professional services agreement with Central Valley Lawnscapes, Inc., for maintenance services at various Maintenance Districts, including Quail Creek, West Creek Homes, Silverado, Oakmont #3, Northwood Village, Village Landing, Sunset West, Downtown, Ridgeview Meadows, Fahrens Park I, Mansionette, Cypress Terrace, Las | | |
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23-802
| 1 | I.17. | | Consent Item | SUBJECT: Approval of a Supplemental Appropriation in the Amount of $218,468 from the Unreserved, Unencumbered Fund Balance of Fund 2001-Measure C to Purchase Equipment for Seven (7) Police SUVs, Two (2) Police Trucks and Three (3) Unmarked Sedans and Approval to Waive the Competitive Bidding Requirement for the Purchase of Standardized Equipment from Rugged Depot
REPORT IN BRIEF
Considers approving a Supplemental Appropriation in the amount of $218,468 from the unreserved, unencumbered fund balance of Fund 2001-Measure C to purchase equipment for seven (7) Police SUVs, two (2) Police Trucks and three (3) unmarked sedans. Also consider approval to waive competitive bidding requirements for the purchase of standardized equipment from Rugged Depot for $79,982.67.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Supplemental Appropriation in the amount of $218,468 from the unreserved, unencumbered fund balance of Fund 2001-Meaure C for the purchase of equipment for seven (7) Police SUVs, two (2) Police Trucks and three (3) unmarked sedans; and,
B. Approving to wai | | |
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23-789
| 1 | J.1. | | Public Hearing Item | SUBJECT: Public Hearing - Sign/Zoning Ordinance Amendment #23-04, Initiated by the City of Merced; This Application Involves Repealing Chapter 17.36 - Signs from the Merced Municipal Code and Replacing Chapter 20.62 - Signs in its Entirety with a Comprehensive Update to the Existing Sign Regulations
REPORT IN BRIEF
This application involves repealing Chapter 17.36 - Signs from the Merced Municipal Code and replacing Chapter 20.62 - Signs in its entirety with a comprehensive update to the ordinance that would place all sign regulations in one chapter, bring the Sign Ordinance into compliance with recent court rulings, and make the sign requirements consistent throughout the City. The new ordinance would include new definitions, new regulations for sign area, temporary signs, digital/LED signs, signs in the public right-of-way, billboards, regional signs, freeway signs, and various other sign regulations. The proposed sign ordinance would categorize signs into four main types: permanent building signs, permanent freestanding signs, temporary building signs, and temporary freestandi | | |
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23-871
| 1 | K.1. | | Report Item | SUBJECT: Adoption of a Resolution for Calling a Special Election for March 5, 2024 for the Purpose of Placing a Ballot Measure Before the Voters to Renew the Existing Half Cent Sales Tax for Public Safety and Roads and Requesting the Merced County Board of Supervisors to Consolidate Said Election with the Statewide Primary Election Being Held on the Same Date
REPORT IN BRIEF
Considers adopting a Resolution Calling a March 5, 2024 Special Municipal Election for the purpose of placing a measure on the ballot regarding the renewal of a half-cent sales tax for public safety and roads and requesting the County Board of Supervisors to consolidate the City's election with the Statewide Primary Election being held on the same date.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2023-73, a Resolution of the City Council of the City of Merced, California, calling a Special Municipal Election to be held on March 5, 2024, for the Purpose of Submitting a Ballot Measure to renew the half cent sales tax for public safety and roads; and, requesting that the Board of Super | | |
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23-855
| 1 | K.2. | | Report Item | SUBJECT: Merced Police Department Facility Usage
REPORT IN BRIEF
Presentation depicting the facilities used by the Merced Police Department.
RECOMMENDATION
Information only. | | |
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23-838
| 1 | K.3. | | Report Item | SUBJECT: In-Lieu Fees and Regional Housing Needs Allocation (RHNA) Unit Production Plan Policy Amendments
REPORT IN BRIEF
Presentation on In-Lieu Fees following City Council’s guidance and possible amendments to the RHNA Unit Production Plan.
RECOMMENDATION
City Council - Consider the report and provide more defined direction on elements to include in future resolution to adopt in lieu fees. | | |
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23-869
| 1 | L.1. | | Business Item | SUBJECT: City Council Re-Consideration Regarding the Re-Opening of the Commercial Truck Parking Lot Located at S. West Avenue and Stuart Drive and Increasing the Fine for Commercial Trucks Illegally Parked in Residential Districts
REPORT IN BRIEF
Staff is seeking direction from the City Council concerning the re-opening of the commercial truck parking lot and raising the amount of the fine for commercial trucks illegally parking in residential areas from $43.00 to $150.00 per citation.
RECOMMENDATION
City Council - Provide direction to staff regarding the re-opening of the commercial truck parking lot and illegal commercial truck parking enforcement. | | |
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23-796
| 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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23-795
| 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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