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Meeting date/time:
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9/16/2019
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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19-477
| 1 | B.1. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Attorney; Authority: Government Code Section 54957 | | |
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19-542
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Constitution Week
REPORT IN BRIEF
Received by a representative of the Daughters of the American Revolution the Merced River Chapter. | | |
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19-488
| 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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19-515
| 1 | I.2. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of August 19, 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 19, 2019. | approved | Pass |
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19-523
| 1 | I.4. | | Consent Item | SUBJECT: Approval of 2020 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 2020 Cafeteria Plan regarding employees’ and retirees’ health and welfare benefits.
RECOMMENDATION
City Council - Adopt a motion approving the employees’ health and welfare benefits cafeteria plan renewal for calendar year 2020 and authorizing the City Manager or the Assistant City Manager to execute the necessary documents. | approved | Pass |
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19-485
| 1 | I.5. | | Consent Item | SUBJECT: Approval of an Agricultural Ground Lease Between the City of Merced and Fagundes Dairy for Use of Approximately Thirty-Five (35) Acres in and Around the Merced Airport Industrial Park with Rent Starting at $ 5,250.00 per Year for a Term of Three (3) Years, with Annual Extensions by Mutual Agreement of Both Parties
REPORT IN BRIEF
Considers a lease agreement (3-year term with annual extensions by mutual agreement of the parties) with Fagundes Dairy for use of approximately thirty-five (35) acres located in and around the Merced Airport Industrial Park.
RECOMMENDATION
City Council - Adopt a motion approving the lease agreement between Fagundes Dairy and the City of Merced and authorizing the City Manager or the Assistant City Manager to execute all necessary documents. | approved | Pass |
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19-521
| 1 | I.6. | | Consent Item | SUBJECT: Approval of Agreement with the Merced Main Street Association for $65,000 for Services and the Administration of the Downtown Business Improvement Area for Fiscal Year 2019-2020
REPORT IN BRIEF
Considers approving an agreement between the City of Merced and the Merced Main Street Association for $65,000 to provide services to the Downtown Business Improvement Area during Fiscal Year 2019-2020 to include oversight for the planning and execution of the quarterly Merced Art Hop events and the administration of the Downtown Christmas Parade.
RECOMMENDATION
City Council - Adopt a motion approving the agreement with the Merced Main Street Association for Downtown Services for 2019-2020 in the amount of $65,000.00, and authorizing the City Manager or the Assistant City Manager to execute the necessary documents. | approved | Pass |
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19-507
| 1 | I.7. | | Consent Item | SUBJECT: Approval of a Finding of Public Convenience or Necessity for the New Arco AMPM to be Located at 3297 Santa Fe Avenue (Land Use Determination #19-02)
REPORT IN BRIEF
Provides options for the City Council to consider making a Finding of Public Convenience or Necessity (PCN), as required by the Department of Alcoholic Beverage Control (ABC), to issue a Type 20 alcohol license (off-sale general allowing the sale of beer and wine) for the new Arco AMPM to be located at 3297 Santa Fe Avenue.
RECOMMENDATION
City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow Arco AMPM, to be located at 3297 Santa Fe Avenue, to obtain a Type 20 ABC license for off-sale general allowing the sale of beer and wine (Option #1 as shown in the “Council Action” section of this Administrative Report). | approved | Pass |
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19-494
| 1 | I.9. | | Consent Item | SUBJECT: Approval of the First Amendment to Community Facilities Districts (CFD) Administration Contract with Goodwin Consulting Group, Inc. to Add an Additional Term from November 2, 2019 to November 3, 2022 at the Rates Set Forth on Exhibit 2 to the Amendment
REPORT IN BRIEF
Considers renewing the Community Facilities Districts (CFD) Administration Services Contract with Goodwin Consulting Group, Inc. for additional three year term.
RECOMMENDATION
City Council - Adopt a motion approving the first amendment to Community Facilities Districts (CFD) Administration Services Contract with Goodwin Consulting Group, Inc., and authorizing the City Manager or the Assistant City Manager to sign the necessary documents. | approved | Pass |
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19-496
| 1 | I.10. | | Consent Item | SUBJECT: Adoption of Resolution Approving an Update to the City’s Investment Policy Which Includes Modifications Related to Authorized and Suitable Investments and Prohibited Investment Vehicles and Practices
REPORT IN BRIEF
Considers approving an update to the City’s Investment Policy.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2019-58, a Resolution of the City Council of the City of Merced, California, adopting Investment Policy. | approved | Pass |
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19-512
| 1 | I.11. | | Consent Item | SUBJECT: Approval of Consultant Agreements to Assist with Community Facility District 2006-1 Moraga Bonds Refinancing Including the Following Items: Fieldman, Rolapp & Associates (Financial Advisor), Norton, Rose, Fulbright (Bond Counsel and Disclosure Counsel), Goodwin Consulting Group (Special Tax Consultant), Brandis, Tallman LLC (Underwriter)
REPORT IN BRIEF
Requesting approval for refinancing Moraga Community Facility District Special Revenue Bonds and approval for financial advisor, bond counsel, disclosure counsel, special tax consultant and underwriter.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the following consultants for the refinancing:
1. For financial advisor, the firm of Fieldman, Rolapp & Associates of Irvine, CA. with Anna Sarabian as the principal on the project; and,
2. For bond counsel, the firm of Norton Rose Fulbright of Los Angeles, CA with Maryann Goodkind as the principal on the project. Norton Rose Fulbright served as disclosure counsel on bond deals for the City of Merced; and,
3. For disclosure counsel, the firm of Norton Ro | approved | Pass |
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19-229
| 1 | I.12. | | Consent Item | SUBJECT: Award of Bid and Approval of Construction Contract With Clark Bros., Inc. for Well No. 20 Pump Station Construction, Project No. 107033, in the Amount of $3,560,215
REPORT IN BRIEF
Considers awarding a contract in the amount of $3,560,215 to Clark Bros., Inc. to perform the pump station construction for the new water supply Well No. 20 at the Intersection of Tyler Road and Mission Avenue.
RECOMMENDATION
City Council - Adopt a motion awarding the bid for the Well No. 20 Pump Station Construction, Project 107033, to Clark Bros., Inc., in the amount of $3,560,215; and, 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. | approved | Pass |
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19-498
| 1 | I.13. | | Consent Item | SUBJECT: Award of Bid and Approval of Construction Contract with VSS International, Inc., in the Amount of $296,000 for Re-Bid of SB1 Funded Project for Slurry Seal at Various Locations (Merced Avenue from Motel Dr to Parsons Ave; Canal Street from Childs Ave to 16th St; 26th Street from M St to G St; and El Portal Drive from G St to Joerg Ave), Project No. 119064
REPORT IN BRIEF
Consider awarding a construction contract in the amount of $296,000.00, funded by SB1, for City Project No. 119064 Slurry Seal Project at Various Locations (Merced Avenue from Motel Dr to Parsons Ave; Canal Street from Childs Ave to 16th St; 26th Street from M St to G St; and El Portal Drive from G St to Joerg Ave).
RECOMMENDATION
City Council - Adopt a motion awarding the slurry seal at various locations, Project 119064, to VSS International, Inc, in the amount of $296,000.00 and 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. | approved | Pass |
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19-465
| 1 | I.15. | | Consent Item | SUBJECT: Authorization to Accept $80,000 in Grant Funds from the California Office of Traffic Safety to Conduct DUI Checkpoints, DUI Saturation Patrols, Distracted Driving Enforcement, Pedestrian/Bicycle Enforcement, Seat Belt Enforcement, Motorcycle Safety Enforcement, Traffic Safety Enforcement, Along with Conducting Assemblies for Middle Schools, and Purchasing Children Bicycle Helmets as Part of the 2019 California Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant
REPORT IN BRIEF
Considers accepting grant funding from the California Office of Traffic Safety offered to the Merced Police Department in the amount of $80,000 from the Selective Traffic Enforcement Program (STEP) Grant to conduct DUI Checkpoints, DUI Saturation Patrols, Distracted Driving Enforcement, Pedestrian/Bicycle Enforcement, Seat Belt Enforcement, Motorcycle Safety Enforcement, Traffic Safety Enforcement, along with conducting assemblies for middle schools, and purchasing children bicycle helmets.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting the grant and increasing | approved | Pass |
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19-468
| 1 | I.16. | | Consent Item | SUBJECT: Acceptance and Appropriation of Grant Funding in the Amount of $5,000 from the BNSF Railway Foundation to Assist with Communication Needs of the Police Department
REPORT IN BRIEF
Considers accepting and appropriating grant funding in the amount of $5,000 from the BNSF Railway Foundation to assist with communication needs of the Police Department.
RECOMMENDATION
City Council - Adopt a motion accepting grant funds from the BNSF Railway Foundation and increasing revenue in account 001-1001-360.02-01 project 240004 in the amount of $5,000 and appropriating the same to account 001-1001-522.29-00 project 240004. | approved | Pass |
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19-547
| 1 | I.3. | | Consent Item | SUBJECT: Approval of Recreation and Parks Commission’s Recommendation to Grant a Request by the Merced County NAACP for the Co-Sponsored Rental Rate for the Merced Senior Community Center on October 12, 2019 for its Annual Freedom Fund Banquet
REPORT IN BRIEF
Considers approving the Recreation and Parks Commission’s recommendation to approve a request for the co-sponsored rate for the rental of the Merced Senior Community Center by the Merced County NAACP to hold its annual Freedom Fund Banquet on October 12, 2019.
RECOMMENDATION
City Council - Adopt a motion approving the Recreation and Parks Commission’s recommendation to rent the Merced Senior Community Center to the Merced County NAACP on October 12, 2019, at the co-sponsored rental rate. | approved | Pass |
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19-517
| 1 | I.8. | | Consent Item | SUBJECT: Approval of Street Closure Request #19-14 by the Merced County Office of Education to Host the 18th Annual Lights on After School Event, on Thursday, October 24, 2019, From 1:30 p.m. to 10:00 p.m. on W. Main Street Between M and K Streets, Canal Street Between W. Main and W. 18th Streets, and K Street Between W. 18th and W. Main Streets
REPORT IN BRIEF
Considers approving a request by the Merced County Office of Education for the closure and use of City streets for the 18th Annual Lights on After School event. The request seeks the approval to close W. Main Street (between M and K Streets), Canal Street (between W. Main and W. 18th Streets), and K Street (between W. 18th and W. Main Streets), but keeping the intersection open to allow westbound traffic along Main Street to move southbound on K Street and northbound traffic on K Street to move eastbound on Main Street. The event is proposed on Thursday, October 24, 2019, from 1:30 p.m. to 10:00 p.m.
RECOMMENDATION
City Council - Adopt a motion approving the street closures of W. Main Street between M and K Streets, | approved | Pass |
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19-519
| 1 | I.14. | | Consent Item | SUBJECT: Award of Bid and Approval of Construction Contract with Agee Construction Corporation, in the Amount of $1,041,104 for the M and Main Street Resurfacing Project funded by Measure V and Regional Surface Transportation Program (RSTP)
REPORT IN BRIEF
Consider awarding a construction contract to Agee Construction Corporation in the amount of $1,041,104, funded by Measure V and RSTP, for the M and Main Streets Resurfacing Project.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the M and Main Streets Resurfacing Project 119002 to Agee Construction Corporation, in the amount of $1,041,104.00; 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. | approved | Pass |
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19-497
| 1 | I.17. | | Consent Item | SUBJECT: Approval of Street Closure Request Submitted by Danielle Hullana for the 2019 Central California Band Review on November 9, 2019 From 6:00 A.M. Until 3:30 P.M.
REPORT IN BRIEF
Consider allowing the use of City streets on November 9, 2019 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 Danielle Hullana for the 2019 Central California Band Review scheduled Saturday, November 9, 2019. The street closures will be between 6:00 a.m. and 3:30 p.m.; subject to the conditions of the administrative staff report. | approved | Pass |
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19-499
| 1 | I.18. | | Consent Item | SUBJECT: Approval of Street Closure Request for East Main Street, West Main Street, Canal Street, 18th Street and “O” Street Submitted by Ricky Pal for the 2019 Veterans Day Parade on November 11, 2019 From 11:00 A.M. Until 4:00 P.M.
REPORT IN BRIEF
Considers allowing the use of City streets on November 11, 2019 for the Veteran’s Day 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 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 as requested by Ricky Pal, Merced County Veterans Services for the 2019 Veterans Day Parade on Monday, November 11, 2019. | approved | Pass |
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19-513
| 1 | J.1. | | Public Hearing Item | SUBJECT: Public Hearing and Potential Introduction of Ordinance Amending Section 9.08.020 Regarding Cardrooms and Amending CUP #1216, Merced Poker Room, and CUP #1219, Poker Flats Casino (AKA Golden Valley Casino) to Reflect the Number of Card Tables Allowed Pursuant to State Regulations
REPORT IN BRIEF
Considers the introduction of an Ordinance amending the number of card tables allowed within the City of Merced from sixteen (16) to twelve (12) in compliance with state regulations.
RECOMMENDATION
City Council - Adopt a motion introducing Ordinance 2503, an Ordinance of the City Council of the City of Merced, California, amending Section 9.08.020 “Cardrooms,” of the Merced Municipal Code. | approved | Pass |
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19-439
| 1 | J.2. | | Public Hearing Item | SUBJECT: Public Hearing and Adoption of Resolution Approving the Consolidated Annual Performance and Evaluation Report for Program Year 2018 - 2019
REPORT IN BRIEF
Review and approve Housing Division activities as reported in the 2018-2019 Program Year Consolidated Annual Performance and Evaluation Report (CAPER).
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2019-60, a Resolution of the City Council of the City of Merced, California, approving the 2018-2019 Program Year Consolidated Annual Performance and Evaluation Report; and,
B. Authorizing the City Manager or the Assistant City Manager to execute and, if necessary, make minor modifications to, the above-referenced items and all associated documents as attached to this report; and,
C. Authorizing the Finance Officer to make necessary budget adjustments. | approved | Pass |
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19-554
| 1 | K.1. | | Report Item | SUBJECT: Update on Emergency Medical Service (EMS) Program and Request for Approval to Implement a Rescue Paramedic Program
REPORT IN BRIEF
Provide City Council with an update on Emergency Medical Services (EMS) and obtain approval implementing a Rescue Paramedic program within the City of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Authorizing the City of Merced Fire Department to implement a rescue paramedic program; and,
B. Authorizing the City of Merced Fire Department to continue to advance the EMS service levels as needed; and,
C. Authorizing the City Manager or the Assistant City Manager to sign the necessary documents. | approved | Pass |
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19-558
| 1 | L.1. | | Business Item | SUBJECT: City Council Response to the Civil Grand Jury Report Regarding the Policy Related to and the Use of City Hall Facilities
REPORT IN BRIEF
City Council Response to the Civil Grand Jury Report Regarding the Policy Related to and the Use of City Hall Facilities.
RECOMMENDATION
City Council - Adopt a motion approving the response to the Grand Jury Investigation regarding the Policy Related to and the Use of the Merced City Hall Facilities and authorizing submittal of the response to the Presiding Judge of the Merced County Superior Court by the Mayor. | approved | Pass |
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19-535
| 1 | L.2. | | Business Item | SUBJECT: Council Member Serratto’s Request to Discuss a Neighborhood Improvement Project for the Loughborough Neighborhood
REPORT IN BRIEF
Council Member Serratto’s request to discuss a neighborhood improvement project for the Loughborough neighborhood pursuant to City Council Administrative Policies and Procedures C-1.
RECOMMENDATION
It is requested Council give staff direction on this item. | | |
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19-490
| 1 | L.3. | | 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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19-491
| 1 | L.4. | | 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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