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Meeting date/time:
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11/19/2018
6:00 PM
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Minutes status:
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Final
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Meeting location:
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Council Chambers, 2nd Floor, Merced Civic Center, 678 W. 18th Street, Merced, CA 95340
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18-573
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Kenneth Coe (Deceased) v. City of Merced; Workers Compensation Appeals Board Case No. STK-ADJ 11228931; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
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18-574
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Steven Smith v. City of Merced; Workers Compensation Appeals Board Case Nos. STK-ADJ 10229432; STK-ADJ 10229433; STK-ADJ 10229880; STK-ADJ 10229434; and STK-ADJ 10885617; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
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18-577
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Chazelle Lanum v. City of Merced; Workers Compensation Appeals Board Case No. STK-ADJ 7115131; STK-ADJ;10258092; STK-ADJ 10258140; STK-ADJ 9920817; and STK-ADJ 10471759; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
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18-609
| 1 | B.4. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION; Ryan King v. City of Merced; Workers Compensation Appeals Board Case No. FRE-ADJ 8986644; FRE-ADJ 10788658; FRE-ADJ 10788657; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
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18-608
| 1 | B.5. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; California Department of Finance v. City of Merced, et al.; Sacramento County Superior Court Case No.34-2016-80002485; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
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18-606
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Small Business Saturday
REPORT IN BRIEF
Accepted by Jennifer Butler - Program Specialist, Small Business Development Center. | | |
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18-528
| 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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18-595
| 1 | I.2. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of October 15, 2018 and October 18, 2018
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 October 15, 2018 and October 18, 2018. | approved | Pass |
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18-564
| 1 | I.4. | | Consent Item | SUBJECT: Adoption of Resolution to Amend the Pay Ranges for the Temporary Classifications of Lifeguard I, Lifeguard II, Pool Manager, Recreation Coordinator, Recreation Leader, and Recreation Specialist Effective January 1, 2019, to Comply with State of California Minimum Wage Requirements
REPORT IN BRIEF
Considers adopting a Resolution to authorize amendments to the Pay Ranges for the Temporary Classifications of Lifeguard I, Lifeguard II, Pool Manager, Recreation Coordinator, Recreation Leader, and Recreation Specialist effective January 1, 2019, to comply with State of California minimum wage requirements.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2018-77, a Resolution of the City Council of the City of Merced, California, amending the salary ranges for the temporary classifications of Lifeguard I, Lifeguard II, Pool Manager, Recreation Coordinator, Recreation Leader, and Recreation Specialist; and, authorizing the City Manager or Assistant City Manager to execute the necessary documents. | approved | Pass |
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18-562
| 1 | I.6. | | Consent Item | SUBJECT: Authorization to Donate a Surplus 2003 Scott Travel Trailer to the Merced County Food Bank
REPORT IN BRIEF
Considers providing authorization to donate a surplus 2003 Scott Travel Trailer previously used by the Fire Department for public education to the local non-profit organization, the Merced County Food Bank.
RECOMMENDATION
City Council - Adopt a motion authorizing the donation of a 2003 Scott Travel Trailer, which has already been deemed to be surplus property by City Council, to the Merced County Food Bank and allowing the City Manager or Assistant City Manager to execute the necessary documents. | approved | Pass |
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18-585
| 1 | I.8. | | Consent Item | SUBJECT: Acceptance of Grant Award from PG&E Corporation Foundation in the Amount of $3,000 and Appropriation of Funds for Use by the City’s Arts and Culture Advisory Commission
REPORT IN BRIEF
The City Manager’s Office is requesting that the City Council accept a grant award from PG&E Corporation Foundation in the amount of $3,000 and appropriate the funds for use by the City’s Arts and Culture Advisory Commission.
RECOMMENDATION
City Council - Adopt a motion accepting the grant award from PG&E Corporation Foundation in the amount of $3,000; increase account 001-0201-360-02-01 and appropriating the same to 001-0201-512-17-00 for use by the Arts and Culture Advisory Commission. | approved | Pass |
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18-586
| 1 | I.9. | | Consent Item | SUBJECT: Approval of Street Closure Request from the Merced Main Street Association for Main Street and Other Surrounding Streets on December 1, 2018, for the Annual Christmas Parade and Related Events
REPORT IN BRIEF
Considers approving a request for street closures on December 1, 2018, from 8:00 a.m. until 7:00 p.m. for the annual Christmas Parade, craft fair, Jingle Bell run/walk and other related activities
RECOMMENDATION
City Council - Adopt a motion approving the street closures of East Main Street, from “G” Street to Cedar Avenue and West Main Street, from “G” to “O” Streets, including side streets from Cedar Avenue to “O” Street, with an alternate route (due to possible road closure for the El Capitan project) of East Main Street, from “G” Street to Cedar Avenue, West Main Street, from “G” to Canal Street, Canal Street from West Main Street to West 18th Street and West 18th Street from Canal Street to “O” Street including side streets as requested by the Merced Main Street Association for the 2018 Christmas Parade and Craft Fair on Saturday, December 1, 2018. Street cl | approved | Pass |
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18-456
| 1 | I.10. | | Consent Item | SUBJECT: Approval of Agreement with Merced County Department of Workforce Investment for the Storm National Dislocated Worker Grant Project to Provide the City with Temporary Extra-Help Workers
REPORT IN BRIEF
Considers approving an agreement with the Merced County Department of Workforce Investment to provide the City with temporary workers for weed abatement, creek clean up, debris removal, park clean up, road repair, and other authorized job activities. If approved, the workers will be employed as extra-help employees of the Merced County Department of Workforce Investment, who will pay all payroll expenses for the workers through the grant program. The City of Merced will provide worksite training for the workers.
RECOMMENDATION
City Council - Adopt a motion approving the Storm National Dislocated Worker Grant Project Agreement with the Merced County Department of Workforce Investment, and authorizing the City Manager or Assistant City Manager to execute the necessary documents. | approved | Pass |
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18-547
| 1 | I.11. | | Consent Item | SUBJECT: Approval of Agreement with Pictometry International Corporation in the Amount of $41,846 to Provide Digital Aerial Photography Services and the Attendant Licensed Software
REPORT IN BRIEF
Considers approving an agreement with Pictometry International Corporation in the amount of $41,846 to provide digital aerial photography services and licensed software for the use of the imagery and includes approving a waiver of the competitive bidding requirement under the exemption set forth in Merced Municipal Code section 3.04.210 for professional services and authorizes the execution of the Agreement.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the competitive bidding requirements based on the exemption for professional services pursuant to Section 3.04.210 of the Merced Municipal Code; and,
B. Approving the Agreement with Pictometry International Corporation, in the amount of $41,846, to provide digital aerial photography services and licensed software; and,
C. Authorizing the City Manager or Assistant City Manager to execute the necessary documents. | approved | Pass |
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18-145
| 1 | I.12. | | Consent Item | SUBJECT: Adoption of a Resolution Setting a Public Hearing on December 17, 2018, for the Annual Compliance Report for Development Impact Fees as Required by Government Code Section 66000 et. seq. and City Resolution 88-72
REPORT IN BRIEF
Considers setting a public hearing for December 17, 2018, to accept public comment and consider approving the annual report regarding the collection and spending of Development Impact Fees.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2018-70, a Resolution of the City Council of the City of Merced, California, setting a Public Hearing for December 17, 2018, to consider approval of the annual compliance report for Development Impact Fees. | approved | Pass |
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18-551
| 1 | I.13. | | Consent Item | SUBJECT: Approval of Agreement with the State of California Department of Transportation Requiring the City to Maintain the Multi-Use Pathway Crossing Within the State Highway Right of Way on Highway 59 at the Burlington Northern Santa Fe (BNSF) Railroad Crossing, Project No. 115047
REPORT IN BRIEF
Authorizes the City Manager or Assistant City Manager to execute a Maintenance Agreement with the State of California Department of Transportation (CalTrans) assigning responsibility to the City for the maintenance of the concrete bike path, stamped concrete sidewalk and concrete median island installed within the CalTrans right-of-way on Highway 59 at the Burlington Northern Santa Fe (BNSF) Railroad Crossing
RECOMMENDATION
City Council - Adopt a motion approving the execution of a Maintenance Agreement with CalTrans for the State Highway 59 Multi-Use Pathway Crossing at the Burlington Northern Santa Fe (BNSF) Railroad Crossing; and, authorizing the City Manager or Assistant City Manager to execute the necessary documents. | approved | Pass |
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18-603
| 1 | I.15. | | Consent Item | SUBJECT: Award of Bid and Approval of Professional Services Agreement in the Amount of $55,426 with H.T. Harvey & Associates for Wetland Scientist Services for the Congestion Mitigation and Air Quality (CMAQ) Improvement Program Westerly Bike Path Connection, for City Project No. 111066
REPORT IN BRIEF
Considers awarding a bid and approving an agreement with H.T. Harvey & Associates in the amount of $55,426 for wetland scientist services for the Congestion Mitigation and Air Quality (CMAQ) Improvement Program Westerly Bike Path Connection Project.
RECOMMENDATION
City Council - Adopt a motion awarding a bid and approving the professional services agreement with H.T. Harvey & Associates in the amount of $55,426; and, authorizing the City Manager or Assistant City Manager to execute the necessary documents. | approved | Pass |
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18-594
| 1 | I.16. | | Consent Item | SUBJECT: Approval of Supplemental Appropriation in the Amount of $50,000 and Approval of a Fee Agreement with Rutan & Tucker, LLP. to Provide Legal Services in the Matter Merced Citizens for Responsible Planning et. al. v. City of Merced, et al. in the Not to Exceed Amount of $50,000
REPORT IN BRIEF
Recommends approving a fee agreement with Rutan & Tucker, LLP. for an amount not to exceed$50,000 to provide legal services on behalf of the City in the case of Merced Citizens for Responsible Planning et. al. v. City of Merced, et al., and approving a supplemental appropriation of $50,000 from the unreserved, unencumbered fund balance of Fund 557- Water System Enterprise to cover the cost of the legal services.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the fee agreement with Rutan & Tucker, LLP; and,
B. Approving a supplemental appropriation of $50,000 from the unreserved, unencumbered fund balance of Fund 557- Water System Enterprise to a professional service account 557-1106-532-17-00; and,
C. Authorizing the City Manager or Assistant City Manager to execut | approved | Pass |
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18-597
| 1 | I.17. | | Consent Item | SUBJECT: Approval of Third Amendment to Agreement for Legal Services with Best Best & Krieger LLP., to Provide Additional Funding in the Amount of $30,000 for Legal Defense Services Related to the City’s Post-Redevelopment Dissolution Litigation with the California Department of Finance, Increasing the Not-To-Exceed Amount for these Services to $225,000
REPORT IN BRIEF
Considers approving a Third Amendment to Agreement for Legal Services with Best Best & Krieger (BBK) to provide additional funding in the amount of $30,000 for legal services related to the City’s defense in the matter entitled California Department of Finance v. City of Merced. Approval of the Third Amendment to the Agreement for Legal Services will result in increasing the not-to-exceed amount for post-Redevelopment dispute litigation to $225,000.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Third Amendment to the Legal Services Agreement with Best, Best & Krieger;
B. Authorizing the Finance Officer to make the necessary budget adjustments; and,
C. Authorizing the City Manager or Assista | approved | Pass |
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18-601
| 1 | I.18. | | Consent Item | SUBJECT: Approval of Agreement for Legal Services with Berliner Cohen, LLP. at the Rate of $300 Per Hour and in an Amount Not to Exceed $50,000
REPORT IN BRIEF
Considers approving an agreement for legal services with Berliner Cohen, LLP., to provide legal services to the City under the direction of the City Attorney on an as needed hourly basis at a rate of $300 per hour. The contract total is not to exceed $50,000.
RECOMMENDATION
City Council - Adopt a motion approving an agreement for legal services with Berliner Cohen, LLP. not to exceed $50,000; and, authorizing the City Manager or Assistant City Manager to execute the agreement. | approved | Pass |
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18-532
| 1 | I.3. | | Consent Item | SUBJECT: Approval of Project Mariposa to Allow the Creation of a Butterfly Garden in Dennis Chavez Park
REPORT IN BRIEF
Considers a neighborhood collaborative project undertaken by the Perezchica Family, neighborhood residents and students and staff of Gracey Elementary School to create a butterfly garden in Dennis Chavez Park to include the installation of planting beds and plants that support butterfly habitats.
RECOMMENDATION
City Council - Adopt a motion approving Project Mariposa, a neighborhood collaborative project between the City of Merced, the Perezchica Family, and Gracey Elementary School to create a butterfly habitat in Dennis Chavez Park. | | |
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18-570
| 1 | I.5. | | Consent Item | SUBJECT: Adoption of Resolution Declaring the Intent to Vacate a 20-Foot Wide Temporary Access Easement Located on a Portion of 7 Lots within the Summer Creek Subdivision, Generally Located West of McKee Road at Silverstone Drive and Setting a Public Hearing on December 17, 2018 for the Vacation Process
REPORT IN BRIEF
Considers adopting a Resolution to declare the intent to vacate a 20-foot wide temporary access easement located on a portion of 7 lots (APN Nos. 008-391-005,008-391,006, 008-391-007, 008-391-017, 008-391-018, 008-391-029 and 008-403-004) within the Summer Creek Subdivision generally located west of McKee Road at Silverstone Drive and setting a public hearing for December 17, 2018 for the vacation process.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2018-75, a Resolution of the City Council of the City of Merced, California, declaring its intention to vacate a 20-foot wide temporary access easement on 7 lots within the Summer Creek Phase One Subdivision (Vacation #18-03) and setting the time and place for a Public Hearing regarding the vacatio | approved | Pass |
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18-578
| 1 | I.7. | | Consent Item | SUBJECT: Approval of Agreement with the Merced Main Street Association in the Amount of $60,000 for Services and the Administration of the Downtown Business Improvement Area for Fiscal Year 2018-2019
REPORT IN BRIEF
Considers approving an Agreement between the City of Merced and the Merced Main Street Association in the amount of $60,000 to provide services to the Downtown Business Improvement Area during Fiscal Year 2018-2019.
RECOMMENDATION
City Council - Adopt a motion approving an agreement with the Merced Main Street Association for Downtown Services for 2018-2019 in the amount of $60,000.00, and authorizing the City Manager or Assistant City Manager to execute the necessary documents. | approved | Pass |
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18-559
| 1 | I.14. | | Consent Item | SUBJECT: Award of Bid to RRM Design Group and Approval of Supplemental Appropriation in the Amount of $54,961 for a Railroad Quiet Zone Feasibility Study and Establishment Agreement
REPORT IN BRIEF
Considers approving a supplemental appropriation in Fund 017-Development Services from the unreserved, unencumbered fund balance in the amount of $54,961 and awarding a bid to RRM Design Group for the Railroad Quiet Zone Feasibility Study and Establishment in the amount of $54,961.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a supplemental appropriation in the amount of $54,961 in Fund 017-Development Services from the unreserved, unencumbered fund balance to 017-0803-532.17-00 (Engineering Professional Services account line) and authorizing the Finance Officer to make the appropriate budget adjustments; and,
B. Awarding a bid and approving an agreement for professional services with RRM Design Group for the Railroad Quiet Zone Feasibility Study and Establishment; and,
C. Authorizing the City Manager or Assistant City Manager to execute the necessary documents. | approved | Pass |
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18-607
| 1 | I.19. | | Consent Item | SUBJECT: Adoption of Resolution Rescinding Resolution 2017-10 and Adopting a Values Statement, Adopting the Ethics and Code of Conduct for City Council Meetings, and Adopting Rules of Order and Procedure for the Conduct of City Council Meetings
REPORT IN BRIEF
Considers the adoption of Resolution 2018-78 to adopt a values statement, ethics and code of conduct for city council meetings, and to adopt rules of order and procedure for the conduct of City Council meetings.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2018-78, a Resolution of the City Council of the City of Merced, California, rescinding Resolution 2017-10 and adopting a Values Statement, adopting the Ethics and Code of Conduct for City Council meetings, and adopting Rules of Order and Procedure for the conduct of City Council meetings. | approved | Pass |
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18-544
| 1 | J.1. | | Public Hearing Item | SUBJECT: Public Hearing - Tax Equity and Fiscal Responsibility Act (TEFRA) to Consider the Issuance of Tax Exempt Bonds by the California Statewide Communities Development Authority in an Aggregate Principal Amount Not to Exceed $12,000,000 for the Purpose of Financing or Refinancing the Acquisition, Construction, Improvement and Equipping of the Gateway Terrace II Project, Located at 13th and K Streets (APN 031-323-002)
REPORT IN BRIEF
Requests the City Council to conduct a TEFRA Public Hearing and consider adopting a resolution approving the issuance of bonds by the California Statewide Communities Development Authority in an aggregate amount not to exceed $12,000,000 on behalf of the Merced Gateway Investors II, L.P. for the purpose of financing or refinancing the acquisition, construction, improvement and equipping of the Gateway Terrace II Project. The City will not have any financial or legal obligations for the tax exempt status of the bonds, the debt service on the bonds or for any other matter related to the proposed bonds.
RECOMMENDATION
City Council - Adopt a motion:
| approved | Pass |
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18-602
| 1 | J.2. | | Public Hearing Item | SUBJECT: Public Hearing - Resolution Authorizing the City of Merced to Participate in the Statewide Community Infrastructure Program (SCIP) Allowing Property Owners the Ability to Finance Impact Fees
REPORT IN BRIEF
Considers adopting Resolution 2018-76 allowing the City of Merced to participate in the Statewide Community Infrastructure Program. Also authorizes the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Merced and approves a form of acquisition agreement for use when applicable.
RECOMMENDATION:
City Council - Adopt a Motion:
A. Approving Resolution 2018-76, a Resolution of the City Council of the City of Merced authorizing the City to join the Statewide Community Infrastructure Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Merced; approving form of a | approved | Pass |
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18-572
| 1 | K.1. | | Report Item | SUBJECT: Presentation and Discussion Regarding Potential Modifications to Chapter 20.42 of the Merced Municipal Code Regarding Secondary Dwelling Units (Now Referred to as Accessory Dwelling Units) and Possible New City Housing Programs to Encourage the Construction of New Accessory Dwelling Units
REPORT IN BRIEF
The City Council will receive an update on upcoming changes to Chapter 20.42 of the Merced Municipal Code Regarding Accessory Dwelling Units and possible new City Housing programs to encourage the building of accessory dwelling units.
RECOMMENDATION
City Council to provide direction to staff on possible next steps. | | |
Action details
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18-592
| 1 | K.2. | | Report Item | SUBJECT: City of Merced Financial Forecast and CalPERS Update
REPORT IN BRIEF
Presentation of the Financial Forecast and CalPERS Update.
RECOMMENDATION
For Information only. | | |
Action details
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18-492
| 1 | L.1. | | Business Item | SUBJECT: City Council Appointments to the Arts and Culture Advisory Commission
REPORT IN BRIEF
Considers accepting nominations and appointing one individual to each Council District, one individual to an “at-large” seat, three individuals to Ex-Officio seats, and one Council Member to an Ex-Officio seat on the Arts and Culture Advisory Commission.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting nominations and appointing one individual to each of the City Council Districts; and,
B. Appointing one individual to the “at-large” commission seat; and,
C. Appointing three individuals to Ex-Officio commission seats; and,
D. Appointing one Council Member to the fourth Ex-Officio seat. | approved | Pass |
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