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Meeting date/time:
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3/18/2019
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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19-137
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to Government Code section 54956.9(d)(2): (1) case | | |
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19-138
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION; Joseph Deliman v. City of Merced; Workers Compensation Appeals Board Case Nos. FRE-ADJ 10823278; FRE-ADJ 10823228; FRE-ADJ 10823337; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
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19-151
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Englert, et. al. v. City of Merced; Case No. 1:18-CV-01239-LJO-EPG; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
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19-149
| 1 | B.4. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; McKinnon, et. al. v. City of Merced; Case No. 1:18-CV-01124-LJO-SAB; AUTHORITY: Government Code Section 54956.9(d)(1) | | |
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18-637
| 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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19-102
| 1 | I.2. | | Consent Item | SUBJECT: Information Only-Planning Commission Minutes of February 6, 2019
RECOMMENDATION
Information only. | approved | Pass |
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19-113
| 1 | I.3. | | Consent Item | SUBJECT: Information Only-Site Plan Committee Minutes of January 24 and 31, 2019
RECOMMENDATION
For information only. | approved | Pass |
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19-118
| 1 | I.4. | | Consent Item | SUBJECT: Authorization to Apply for and Accept Reimbursable Grant Funding from the State of California, Office of Emergency Services for Equipment, Supplies and Training Related to the City’s Upgrade to its Emergency Communications Center and Geographical Information System (GIS) in an Amount Not to Exceed $128,000; and Approval to Use Pooled Cash Pending the Receipt of Reimbursed Funds From the State
REPORT IN BRIEF
Authorizes the City to apply for and accept additional grant funding in an amount not to exceed $128,000 from the State of California for the purchase of additional equipment, supplies and training for upgrades to the City’s Emergency Communications Center and GIS. Also authorizes the use of pooled cash to pay for the purchases pending reimbursement from the State.
RECOMMENDATION
City Council - Adopt a motion:
A. Upon approval of additional grant funding from the State of California, Office of Emergency Services, Increasing State Grant revenue account 001-1002-324.02-00 in an amount not to exceed $128,000 and appropriating the same to Police Operations Machinery | approved | Pass |
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19-089
| 1 | I.5. | | Consent Item | SUBJECT: Approval of Reduction of Per Session Fees Charged for Swimming Lessons from the Established Rate of $35 to $10 for Swimming Lessons Offered from June 17 to August 1, 2019
REPORT IN BRIEF
Considers temporarily lowering swim lesson fees charged by the City from $35 per session to $10 per session for its Water Safety and Swimming Lessons Programs offered from June 17 to August 1, 2019.
RECOMMENDATION
City Council - Adopt a motion approving the temporary reduction in the fees charged for swimming lessons from $35 to $10 per session during the summer of 2019; and, authorizing the City Manager or the Assistant City Manager to execute the necessary documents. | approved | Pass |
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19-062
| 1 | I.6. | | Consent Item | SUBJECT: Adoption of Resolution Establishing a Policy for the Distribution of Tickets and Passes Pursuant to Fair Political Practices Commission Regulation18944.1
REPORT IN BRIEF
Considers the adoption of a Resolution establishing a Policy regarding the distribution of complimentary tickets and passes received by the City, pursuant to Fair Political Practices Commission (FPPC) Regulation 18944.1.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2019-10, a Resolution of the City Council of the City of Merced, California, adopting a policy for the distribution of tickets and passes in accordance with FPPC Regulation 18944.1. | approved | Pass |
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19-100
| 1 | I.7. | | Consent Item | SUBJECT: Approval of Supplemental Appropriations / Budget Modifications Totaling $300,000 for Fuel Fund Shortages from Various Division Budgets to Fund 670-Fleet Management Vehicle Fuel Expense Account to Cover the Funding Shortage Through June 30, 2019
REPORT IN BRIEF
Considers transferring $300,000 from various divisions to the Fund 670-Fleet Management Vehicle Fuel expense account to cover the funding shortage through June 30, 2019.
RECOMMENDATION
City Council - Adopt a motion approving the transfer of $300,000 from various divisions to Fleet Fund 670 and appropriating the same to Vehicle Fuel expense account 670-1103-532.33-00 and authorizing the Finance Officer to make the necessary budget adjustments. | approved | Pass |
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19-099
| 1 | I.8. | | Consent Item | SUBJECT: Approval of Consulting and Professional Services Contracts with Benchmark Engineering, Inc., BKF Engineers, Carollo Engineers, Golden Valley Engineering, Interwest Consulting Group, Michael K. Nunley & Associates, Precision Civil Engineering, Inc., Quad Knopf, Inc., and VVH Consulting Engineers to Provide Design and Engineering Support Services for the City’s Capital Improvement Projects at the Rates Not to Exceed the Consultant Hourly Rates Listed within Attachment B of Each Respective Agreement for the Contract Period Ending June 30, 2022
REPORT IN BRIEF
Considers approving multiple Consulting and Professional Services Contracts for engineering and design services for the City’s Capital Improvement Projects. The services provided under these agreements will be funded from individual Capital Improvement Project budgets as the projects occur through the contract period ending June 30, 2022, at the hourly rates set forth in Attachment B of each respective agreement.
RECOMMENDATION
City Council - Adopt a motion approving the Consulting and Professional Services Agreements | approved | Pass |
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19-126
| 1 | I.11. | | Consent Item | SUBJECT: Second Reading - Adoption of Ordinance 2498 to Amend Section 20.44.170, “Regulation of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required”
REPORT IN BRIEF
Adoption of previously introduced Ordinance to amend section 20.44.170, “Regulation of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required” of the Merced Municipal Code.
RECOMMENDATION
City Council - Adopt a motion approving Ordinance 2498, an Ordinance of the City Council of the City of Merced, California, Amending Section 20.44.170, “Regulation of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required,” of the Merced Municipal Code. | approved | Pass |
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19-127
| 1 | I.12. | | Consent Item | SUBJECT: Second Reading - Adoption of Ordinance Approving a Mitigated Negative Declaration for Environmental Review #18-02 and Site Utilization Plan Revision #38 to Planned Development (P-D) #1 Allowing the Renovation of the Merced Mall and Theatre, Including the Possibility of Relocating the Theatre Adjacent to the Merced Mall Building
REPORT IN BRIEF
Adoption of previously introduced Ordinance No. 2499 and considers approving a Site Utilization Plan Revision for Planned Development (P-D) #1, a Mitigated Negative Declaration for Environmental Review #8-02 and Site Utilization Plan #38 allowing renovations to the Merced Mall located at 851 West Olive Avenue and the United Artists movie theater located at 645 Fairfield Drive, including possible relocation.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2499, an Ordinance of the City of Merced, California approving a Mitigated Negative Declaration for Environmental Review #18-02 and Site Utilization Plan Revision #38 to Planned Development (P-D) #1 allowing the Renovation of the Merced Mall and Theatre, inc | approved | Pass |
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19-073
| 1 | I.9. | | Consent Item | SUBJECT: Award of Bid and Approval of Construction Agreement with Rolfe Construction Company in the Amount of $968,802 for the Re-Bid of the Yosemite Avenue Leaf Collection Site, Project No. 116017
REPORT IN BRIEF
Considers awarding a bid and approving an agreement in the amount of $968,802 with Rolfe Construction Company for City Project No. 116017 - Yosemite Avenue Leaf Collection Site.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the Yosemite Avenue Leaf Collection Site, Project 116017 to Rolfe Construction Company of Atwater, Ca, in the amount of $968,802.00; and,
B. Authorizing the City Manager or the Assistant 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 Director to make necessary budget adjustments. | approved | Pass |
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Video
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19-104
| 1 | I.10. | | Consent Item | SUBJECT: Approval of Professional Services Agreement with Precision Engineering, Inc., for the Not to Exceed Amount of $175,000, to Provide Personnel to Temporarily Serve in the Capacity of City Engineer
REPORT IN BRIEF
Considers approving a Professional Services Agreement with Precision Engineering, Inc., for the not to exceed amount of $175,000 to provide City Engineer services while the City recruits for a permanent City Engineer.
RECOMMENDATION
City Council - Adopt a motion approving the agreement for professional services with Precision Engineering, Inc., to provide City Engineer Services in an amount not to exceed $175,000; and, authorizing the City Manager or the Assistant City Manager to execute the necessary documents. | approved | Pass |
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Video
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19-075
| 1 | J.1. | | Public Hearing Item | SUBJECT: Public Hearing - Introduction of Ordinance No. 2500 Approving Site Utilization Plan Revision #6 to Planned Development (P-D) #46; and Adoption of Resolution 2019-09, Approving a Negative Declaration for Environmental Review #18-60, General Plan Amendment #18-03, Specific Plan Revision #4 to the Fahrens Creek Specific Plan, and Site Utilization Plan Revision #6 to Planned Development (P-D) #46 to Allow Between 164 and 176 Apartments on a 10.73 Acre Site, Generally Located on the West Side of San Augustine Avenue, at Pacific Drive
REPORT IN BRIEF
Introduces Ordinance No. 2500 and considers approving a Negative Declaration for Environmental Review #18-60, General Plan Amendment #18-03, Specific Plan Revision #4 to the Fahrens Creek Specific Plan, and Site Utilization Plan Revision #6 to Planned Development (P-D) #46 to allow between 164 and 176 apartments on a 10.73 acre site, generally located on the west side of San Augustine Avenue, at Pacific Drive.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2019-09, a Resolution of the City Council of the Ci | approved as amended | Pass |
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Video
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19-108
| 1 | J.2. | | Public Hearing Item | SUBJECT: Continued Public Hearing - Vacation No. 18-03 for the Adoption of Resolution Ordering the Vacation of a 20-Foot Wide Temporary Access Easement Located on a Portion of 7 Lots within the Summer Creek Subdivision
REPORT IN BRIEF
The City Council will consider approving a Resolution ordering the vacation of 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.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2019-07, a Resolution of the City Council of the City of Merced, California, ordering the vacation of a 20-foot-wide Temporary Emergency Access Easement on Lots 5, 6, 7, 17, 18, 29, and 130 within the Summer Creek, Phase One Subdivision (Vacation #18-03). | approved as amended | Pass |
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19-152
| 1 | K.1. | | Business Item | SUBJECT: Approving the City Council FY 2019/20 Goals and Priorities
REPORT IN BRIEF
Staff will provide a summary overview of initial comments received from Council to approve the FY 2019/20 Goals and Priorities.
RECOMMENDATION
City Council - Adopt a motion approving FY 2019/20 Goals and Priorities. | | |
Action details
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Video
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19-140
| 1 | K.2. | | Business Item | SUBJECT: Mayor Murphy’s Request to Discuss Amending the City of Merced Charter
REPORT IN BRIEF
This item is in response to Mayor Murphy’s request to discuss amending the City of Merced Charter pursuant to City Council Administrative Policies and Procedures C-1.
RECOMMENDATION
It is requested Council give staff direction on this item. | | |
Action details
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Video
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