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Meeting date/time:
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9/3/2019
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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19-524
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: APN 059-240-081; Agency Negotiator: Frank Quintero, Director, Economic Development; Negotiating Parties: Mark Persico, Merced Designated Local Authority and City of Merced and; Under Negotiation: Price and Terms of Payment | | |
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19-518
| 1 | B.2. | | 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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19-201
| 1 | H.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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19-458
| 1 | H.2. | | Consent Item | SUBJECT: Information-Only Contracts for the Month of August 2019
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $32,000 and of Public Works contracts under $70,939. | approved | Pass |
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19-514
| 1 | H.3. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of August 5, 2019
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 August 5, 2019. | approved | Pass |
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19-511
| 1 | H.4. | | Consent Item | SUBJECT: Approval of a Three (3) Year Lease Agreement with James G. Moulton, Trustee, and Lynda S. Moulton, Trustee, for a 9,000 Square Foot Facility with Initial Base Rent of $5,475/NNN Per Month and the Option to Extend for an Additional Three (3) Years
REPORT IN BRIEF
Considers approving a three-year lease agreement with James G. Moulton and Lynda S. Moulton for property to be utilized by the Merced Police Department.
RECOMMENDATION
City Council - Adopt a motion approving the lease agreement between the City of Merced and James G. Moulton, Trustee, and Lynda S. Moulton, Trustee and authorizing the City Manager, the Assistant City Manager, or the Finance Office to make necessary adjustments and execute the document. | approved | Pass |
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19-402
| 1 | H.5. | | Consent Item | SUBJECT: Adoption of Resolution Extending the Participation in the Abandoned Vehicle Abatement Program (AVA) with Merced County Association of Governments (MCAG) for the Period of August 1, 2020 Through July 31, 2030
REPORT IN BRIEF
Considers approving a resolution between the Merced County Association of Governments (MCAG) and the City of Merced to continue to participate in the Abandoned Vehicle Abatement program (AVA) for an additional 10 year period. (See attachment 1)
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2019-45, a Resolution of the City Council of the City of Merced, California, establishing service authority for abandoned vehicle abatement; and,
B. Authorizing the City Manager or the Assistant City Manager to execute the agreement; and,
C. Authorizing the Finance Officer to make the appropriate budget adjustments. | approved | Pass |
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19-486
| 1 | H.6. | | Consent Item | SUBJECT: Approval of a Pooled Cash Loan Not to Exceed $7,720,000 and Current Year Payment Amount, in Order to Repay the Department of Finance (DOF) Based on the Approved Settlement Agreement Related to the Dissolution of the City of Merced Redevelopment Agency
REPORT IN BRIEF
Considers approving a pooled cash loan not to exceed $7,720,000 and current year payment amounts in order to repay the Department of Finance based on the approved Settlement Agreement related to the dissolution of the City of Merced Redevelopment Agency.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a pooled cash loan not to exceed $7,720,000; and,
B. Approving the use of RDA residual in the amount of $1,297,953 plus interest towards the first payment; and,
C. Approving the use of $500,000 from Fund 017 Development Services towards the first payment; and,
D. Authorizing the City Manager or the Assistant City Manager to the execute all necessary documents; and,
E. Authorizing the Finance Officer to make the necessary budget adjustments. | approved | Pass |
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19-505
| 1 | H.7. | | Consent Item | SUBJECT: Authorization to Submit a Formal Letter of Intent to Purchase for the Property Located at the Corner of Childs Avenue and B Street from the County of Merced for the Childs Court Apartments
REPORT IN BRIEF
Considers approving the formal letter of intent to purchase the property located at the corner of Childs Avenue and B Street from the County of Merced to support the Childs Court Apartment development.
RECOMMENDATION
City Council - Adopt a motion authorizing the City Manager or the Assistant City Manager to sign the formal “Notice of Intent” letter to purchase the property located at 1137 B Street from the County of Merced. | approved | Pass |
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19-478
| 1 | H.9. | | Consent Item | SUBJECT: Adoption of Resolution Declaring the Intent to Abandon a Sewer Easement and Working Easement at 3600 G Street, Generally Located on the Northeast Corner of G Street and Yosemite Avenue, and Setting a Public Hearing for October 7, 2019 (Vacation #19-04)
REPORT IN BRIEF
Considers the abandonment of an old sewer easement and working easement at 3600 G Street.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2019-55, a Resolution of the City Council of the City of Merced, California, declaring its intention to vacate a sewer easement and working easement at 3600 G Street, generally located on the northeast corner of G Street and Yosemite Avenue (Vacation #19-04) and setting time and place for Public Hearing. | approved | Pass |
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19-509
| 1 | H.10. | | Consent Item | SUBJECT: Adoption of Resolution Approving the Cypress Terrace 6, Phase A - Final Map 5366 for 18 Single-Family Lots, Generally Located on the West Side of N Street, North of Gerard Avenue, and the Approval of the Subdivision Agreement for Cypress Terrace 6, Phase A
REPORT IN BRIEF
Considers the approval of Final Map #5366 for 18 single-family lots, generally located on the west side of N Street (extended), north of Gerard Avenue (extended), and the Subdivision Agreement for Cypress Terrace 6, Phase A.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2019-57, a Resolution of the City Council of the City of Merced, California, approving the final subdivision map for the Cypress Terrace 6, Phase A Subdivision (#5366); and,
B. Approving the subdivision agreement for Cypress Terrace 6, Phase A; and,
C. Authorizing the City Manager or the Assistant City Manager to execute the subdivision agreement. | approved | Pass |
Action details
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19-461
| 1 | H.12. | | Consent Item | SUBJECT: Adoption of Motion Receiving and Filing the Biennial Audit of the Sewer System Management Plan as Required by the State Water Resources Control Board
REPORT IN BRIEF
Considers the filing of the biennial audit of the Sewer System Management Plan.
RECOMMENDATION
City Council - Adopt a motion receiving and filing the biennial audit of the Sewer System Management Plan as required by the State Water Resources Control Board. | approved | Pass |
Action details
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19-435
| 1 | H.8. | | Consent Item | SUBJECT: Adoption of Resolution Recognizing the Importance of the 2020 Census and Ensuring a Complete, Fair, and Accurate Count of all Californians
REPORT IN BRIEF
The City Council of the City of Merced is asked to recognize the importance of the 2020 U.S. Census and support helping to ensure a complete, fair, and accurate count of all Californians.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2019-53, a Resolution of the City Council of the City of Merced, California, recognizing the importance of the 2020 Census and supporting the efforts to help ensure a complete, fair, and accurate count of all Californians. | approved | Pass |
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Video
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19-480
| 1 | H.11. | | Consent Item | SUBJECT: Authorization to Purchase Nine Budgeted Fleet Vehicles, Including One Caterpillar Backhoe from Holt of California for $131,128.90, Two Articulating Overcenter Aerial Devices (Tree Trimming Trucks) from Altec Industries for $144,515 each, One Street Sweeper from Municipal Maintenance Equipment for $299,992.14, One Front Loader Refuse Truck and Four Side Loader Refuse Trucks from Ruckstell for $1,415,798.13; and to Waive the Competitive Bidding Requirement to Allow the Purchases to be Made Through a Cooperative Purchasing Agreement with Sourcewell
REPORT IN BRIEF
Considers authorizing a waiver of competitive bidding requirement pursuant to Merced Municipal Code Section 3.04.210 to purchase nine currently budgeted and Council approved fleet vehicles through the government procurement program Sourcewell.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the purchase of one Caterpillar Backhoe Loader in the amount of $131,428.90 from Holt of California; and,
B. Approving the purchase of two Articulating Overcenter Aerial Devices (Tree Trimming Trucks) in the amou | approved | Pass |
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Video
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19-434
| 1 | I.1. | | Public Hearing Item | SUBJECT: Public Hearing Regarding Appeal of Planning Commission Approval of Commercial Cannabis Business Permit #18-14R Filed by Jiva Life, LLC
REPORT IN BRIEF
Request by Jiva Life, LLC. to appeal and reverse the Planning Commission’s approval of Commercial Cannabis Business Permit (CCBP) #18-14R for Harvest of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Option A - To affirm the Planning Commission’s approval of CCBP #18-14R:
Adopting Resolution 2019-__, a Resolution of the City Council of the City of Merced, California, granting commercial cannabis business permit #18-14R to allow Harvest of Merced, LLC. to operate a retail dispensary for medicinal and adult use cannabis and cannabis-related products, including delivery services, at 863 W. 15th Street, and making certain findings in connection therewith; or,
B. Option B - To reverse the Planning Commission’s approval of CCBP #18-14R:
Adopting Resolution 2019-__, a Resolution of the City Council of the City of Merced, California, denying commercial cannabis business permit #18-14R to allow Harvest of Merced, | approved | Pass |
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Video
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19-437
| 1 | J.1. | | Report Item | SUBJECT: Acceptance of Court Approved Receivership Reimbursements, Appropriation of $29,341 to the Substandard Housing Special Recovery Fund for Fiscal Year 19/20, and Authorization for Continuous Appropriation to Said Fund of Costs Recovered by the Code Enforcement Task Force
REPORT IN BRIEF
Authorizes acceptance and appropriation of reimbursements for City costs and fees from Court-approved receiverships for public nuisance abatement pursuant to the Substandard Building Abatement Program in FY 19/20.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting reimbursements from the Court appointed Receiver and authorizing appropriation of $29,341 to account 077-1005-522-29-00 (Substandard Housing Special Recovery) for FY 19/20; and,
B. Authorizing any receipts of Substandard, Dangerous, or Nuisance abatement and cost recovery funds for FY 19/20 to be approved for appropriation on a continuous basis to the Substandard Housing Fund; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments. | approved | Pass |
Action details
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Video
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19-500
| 1 | J.2. | | Consent Item | SUBJECT: Citizens Advisory Charter Review Committee Final Report to City Council to Place Possible Amendments to Sections 400, 402, 604, 7XX, 707, 711, and 1112 of the City of Merced Charter on the March 2020 Primary Ballot
REPORT IN BRIEF
Considers the final report from the Citizens Advisory Charter Review Committee for possible placement of recommended amendments to the City of Merced Charter on the March 2020 Primary Ballot.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting the final report and recommendations of the Citizens Advisory Charter Review Committee to amend various sections of the City of Merced Charter and directing staff to return to the October 7, 2019 City Council Meeting with the ballot question(s) and Resolutions for calling an election; or,
B. Accepting the final report with Council suggested changes to the recommendations of the Citizens Advisory Charter Review Committee to amend various sections of the City of Merced Charter and directing staff to return to the October 7, 2019 City Council Meeting with the ballot question(s) and Resolutions for | approved | Pass |
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Video
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19-516
| 1 | K.1. | | Business Item | SUBJECT: Personnel Board Appointment (1)
REPORT IN BRIEF
Consider appointing one individual to the Personnel Board.
RECOMMENDATION
City Council - Adopt a motion appointing Dorothea “Lynn” White to serve as a member of the Personnel Board to a seat with a term expiration of July 1, 2022. | approved | Pass |
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Video
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19-482
| 1 | K.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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Video
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19-483
| 1 | K.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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