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Meeting date/time:
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10/7/2019
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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19-583
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Initiation of Litigation pursuant to Government Code section 54956.9(d)(4): (1) case | | |
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19-556
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Domestic Violence Awareness Month
REPORT IN BRIEF
Received by a representative of the Valley Crisis Center. | | |
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19-595
| 1 | F.2. | | Ceremonial Matter Item | SUBJECT: Proclamation - Hispanic Heritage Month
REPORT IN BRIEF
Received by Rene Gutierrez, President of the Hispanic Chamber of Commerce. | | |
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19-489
| 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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19-562
| 1 | I.2. | | Consent Item | SUBJECT: Information-Only Contracts for the Month of September 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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19-578
| 1 | I.3. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of September 3, 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 September 3, 2019. | approved | Pass |
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19-540
| 1 | I.4. | | Consent Item | SUBJECT: Authorization to Set a Public Hearing for November 4, 2019 for Introduction of Ordinances, Adopting the 2019 California Building and Fire Codes with Amendments, if Any
REPORT IN BRIEF
Set a Public Hearing for November 4, 2019 for the purpose of introducing and adopting the 2019 California Building and Fire Codes with Amendments, if any.
RECOMMENDATION
City Council - Adopt a motion setting a Public Hearing on November 4, 2019, to consider introducing and adopting the 2019 California Building and Fire Codes and Amendments thereto. | approved | Pass |
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19-481
| 1 | I.5. | | Consent Item | SUBJECT: Award of Bid and Approval of Construction Contract with Phase 1 Construction for the Cooper Avenue Sanitary Sewer Lift Station Construction, Project No. 114004, in the Amount of $755,825 and Approval of a Professional Services Agreement with Provost and Pritchard Engineering Group, Inc., for Engineering Design Services in the Amount of $23,694
REPORT IN BRIEF
Considers awarding a contract in the amount of $755,825 to Phase 1 Construction to perform the Cooper Avenue sanitary sewer lift station construction and approving the professional services agreement with Provost and Pritchard Engineering Group, Inc. for engineering design services in the amount of $23,694.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the bid for the Cooper Avenue Sanitary Sewer Lift Station Construction, Project No. 114004, to Phase 1 Construction in the amount of $755,825; and,
B. Approving an amendment to an agreement for professional services with Provost and Pritchard Engineering Group, Inc., in the amount of $23,694 for engineering design services; and,
C. Authorizing the Ci | approved | Pass |
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19-392
| 1 | I.6. | | Consent Item | SUBJECT: Approval of Professional Services Agreement with Gaetke Medical Corporation and 1582, LLC to Provide Comprehensive Occupational Medical Physicals in an Amount Not to Exceed $60,000 and Waiving the Competitive Bidding Requirement
REPORT IN BRIEF
Considers entering into a three year agreement with Gaetke Medical Corporation and 1582, LLC for the purpose of providing comprehensive occupational medical physicals of fire suppression personnel and waiving the competitive bidding requirements.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a professional services agreement with Gaetke Medical Corporation and 1582, LLC in an amount not to exceed $60,000, for the purpose of providing comprehensive occupational medical physicals of fire suppression personnel for a three year term, with a one year renewal option; and,
B. Authorizing the City Manager or the Assistant City Manager to execute the necessary documents; and,
C. Waiving the competitive bidding requirements. | approved | Pass |
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19-589
| 1 | I.7. | | Consent Item | SUBJECT: Acceptance and Appropriation of Settlement Funding in the Amount of $3,092.84 from the LexisNexis Coplogic Solutions to Assist with Communication Needs of the Police Department
REPORT IN BRIEF
Considers accepting and appropriating settlement funding in the amount of $3,092.84 from LexisNexis Coplogic Solutions to assist with communication needs of the Police Department.
RECOMMENDATION
City Council - Adopt a motion accepting settlement funds from the LexisNexis Coplogic Solutions and increasing revenue in account 001-1006-360.01-01 in the amount of $3,093 and appropriating the same to account 001-1006-522.12-00. | approved | Pass |
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19-555
| 1 | I.10. | | Consent Item | SUBJECT: Approval of First Amendment to Elevator Maintenance Agreement with ThyssenKrupp Elevator Corporation in the Amount of $1,015 Monthly for the Term Ending June 30, 2020 for Maintenance of Seven Elevators Located at the Civic Center, Ralph Shannon Parcade, Merced Center Parking Garage, and Police Station
REPORT IN BRIEF
Considers approving a First Amendment with ThyssenKrupp Elevator Corporation in the amount of $1,015 monthly and extending the agreement term through June 30, 2020, for maintenance of seven elevators located at the Civic Center, Ralph Shannon Parcade, Merced Center Parking Garage, and Police Station.
RECOMMENDATION
City Council - Adopt a motion approving the first amendment to elevator maintenance agreement with ThyssenKrupp Elevator Corporation in the amount of $1,015 monthly, and authorizing the City Manager or the Assistant City Manager to execute the necessary documents. | approved | Pass |
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19-539
| 1 | I.11. | | Consent Item | SUBJECT: Acceptance and Appropriation of Grant Funding in the Amount of $1,000 for FY 2020 Merced County First Five Community Engagement Event Sponsorship Program for Tiny Tots 4th Annual Halloween Pumpkin Party
REPORT IN BRIEF
Considers accepting and appropriating grant funding in the amount of $1,000 from Merced County First Five for the 4th Annual Tiny Tots Halloween Pumpkin Party.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting grant funds from Merced County First Five and increasing revenue in account 024-1226-360-02-01 - Creative Skills-Contributions and Donations in the amount of $1,000; and,
B. Appropriating the same to account 024-1226-542-29-00 - Creative Skills-Supplies and Services; and,
C. Authorizing the City Manager or the Assistant City Manager to execute the necessary documents. | approved | Pass |
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19-550
| 1 | I.12. | | Consent Item | SUBJECT: Authorization to Accept Volunteer Labor and 21 Donated Trees Valued at Approximately $2,300 from Clean Earth a Harsco Company at the Applegate Park and Zoo on October 19, 2019 for Clean Earth Day Tree Planting Event
REPORT IN BRIEF
Considers approving acceptance of labor and materials valued at approximately $2,300 for new trees at Applegate Park and Zoo from Clean Earth a Harsco Company for their Clean Earth Day tree planting event on October 19, 2019.
RECOMMENDATION
City Council - Adopt a motion accepting a donation from Clean Earth a Harsco Company for volunteer labor and 21 trees valued at approximately $2,300 at Applegate Park and Zoo on October 19, 2019 for Clean Earth Day tree planting event. | approved | Pass |
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19-568
| 1 | I.14. | | Consent Item | SUBJECT: Approval of Recreation and Parks Commission’s Recommendation to Grant a Request by the Deaf and Hard of Hearing Service Center for the Co-Sponsored Rental Rate for the Merced Senior Community Center on December 14, 2019 for its Annual Holiday Celebration
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 Deaf and Hard of Hearing Service Center to hold its annual Holiday Celebration on December 14, 2019.
RECOMMENDATION
City Council - Adopt a motion approving the Recreation and Park Commission’s recommendation to rent the Merced Senior Community Center to the Deaf and Hard of Hearing Service Center (DHHSC) on December 14, 2019, at the co-sponsored rental rate. | approved | Pass |
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19-577
| 1 | I.15. | | Consent Item | SUBJECT: Second Reading and Final Adoption 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
Second reading and final adoption 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 adopting 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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19-585
| 1 | I.8. | | Consent Item | SUBJECT: Authorization to Modify the Personnel/Budget Allocation in the City Attorney’s Department to Reflect a City Attorney, a Deputy City Attorney, a Deputy/Senior Deputy City Attorney, an Office Administrator/Paralegal and a Legal Administrative Assistant
REPORT IN BRIEF
Modification to the Personnel/Budget Allocation in the City Attorney’s Department.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2019-64, A Resolution of the City Council of the City of Merced, California, Amending the Personnel/Budget Allocation in the City Attorney Department to Reflect a City Attorney, a Deputy City Attorney, a Deputy/Senior Deputy City Attorney, a Legal Administrative Assistant and a Paralegal Office Administrator to be filled by the incumbent Paralegal effective June 21, 2019. | approved | Pass |
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19-591
| 1 | I.9. | | Consent Item | SUBJECT: Approval of the First Amendment to the Agreement with the Lew Edwards Group in the Additional Amount of $53,000 and the Total not to Exceed Contracted Amount of $82,000 to Develop a Public Education Strategy Related to the Possible Extension of Measure C
REPORT IN BRIEF
Considers the approval of the First Amendment to the Agreement with the Lew Edwards Group for an additional amount of $53,000 and the Total Contracted Amount not to exceed $82,000 to develop a public education strategy related to the possible extension of Measure C.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the First Amendment to the Agreement with the Lew Edwards Group for an amount not to exceed $82,000 related to the extension of Measure C; and,
B. Approving a Supplemental Appropriation in the amount of $53,000 of the unappropriated fund balance in Fund 061-Measure C to provide funding for the amended agreement;
D. Provide staff direction on areas within the Public Education Strategy Related to the Possible Extension of Measure C; and,
C. Authorizing the City Manager or the | approved | Pass |
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19-551
| 1 | I.13. | | Report Item | SUBJECT: Approval of Recreation and Parks Commission’s Recommendation to Accept a Donation of a Tile Mosaic Artwork Installation at the Applegate Park Merced Open Air Theater (MOAT) by Monica Modest
REPORT IN BRIEF
Considers approving the Recreation and Parks Commission's recommendation to accept a donation of a tile mosaic artwork installation at the Applegate Park Merced Open Air Theater (MOAT) from Monica Modest.
RECOMMENDATION
City Council - Adopt a motion approving the Recreation and Park Commission’s recommendation to accept a donation of a tile mosaic artwork installation from Monica Modest, to be placed at the Applegate Park Merced Open Air Theater (MOAT); and, authorizing the City Manager or the Assistant City Manager to execute the necessary documents. | | |
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19-384
| 1 | J.1. | | Public Hearing Item | SUBJECT: Public Hearing and Adoption of Resolution Granting a Certificate of Public Convenience and Necessity for McHenry Protective Services
REPORT IN BRIEF
Considers approving a Resolution granting and issuing a certificate of public convenience and necessity to McHenry Protective Services.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2019-49, a Resolution of the City Council of the City of Merced, California, granting a certificate of public convenience and necessity to McHenry Protective and Investigative Services. | approved | Pass |
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19-438
| 1 | J.2. | | Public Hearing Item | SUBJECT: Public Hearing and Adoption of Resolution Granting a Certificate of Public Convenience and Necessity for Stonewall Private Security Services
REPORT IN BRIEF
Considers approving a Resolution to grant and issue a certificate of public convenience and necessity to Stonewall Private Security Services.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2019-50, a Resolution of the City Council of the City of Merced, California, granting a certificate of public convenience and necessity to Stonewall Private Security Services. | approved | Pass |
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19-508
| 1 | J.3. | | Public Hearing Item | SUBJECT: Public Hearing and Adoption of Resolution Granting a Certificate of Public Convenience and Necessity for First Alarm Security & Patrol, Inc.
REPORT IN BRIEF
Considers approving a resolution to grant and issue a certificate of public convenience and necessity to First Alarm Security & Patrol, Inc.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2019-59, a Resolution of the City Council of the City of Merced, California, granting a certificate of public convenience and necessity to First Alarm Security & Patrol, Inc. | approved | Pass |
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19-541
| 1 | J.4. | | Public Hearing Item | SUBJECT: Public Hearing for Approving a Mitigated Negative Declaration for Environmental Review #19-18 and Potential Introduction of an Ordinance, Approving Zone Change #426 and Adoption of a Resolution Approving General Plan Amendment #19-02 Changing the Zoning and General Plan Designations for Approximately 0.52 Acres of Land Generally Located on the East Side of McKee Road Approximately 360 Feet South of Yosemite Avenue and the Appeal of the Planning Commission’s Denial of Conditional Use Permit #1231 to Allow a Mixed-Use Project to be Constructed at the Southeast Corner of Yosemite Avenue and McKee Road
REPORT IN BRIEF
Considers approving a Mitigated Negative Declaration for Environmental Review #19-18, and introducing an Ordinance, General Plan Amendment #19-03, Zone Change #426, and an appeal of the Planning Commission’s denial of Conditional Use Permit #1231 for a mixed-use project.
RECOMMENDATION
General Plan Amendment #19-02 and Zone Change #426
City Council - Adopt a motion:
A. Adopting Resolution 2019-63, a Resolution of the City Council of the City of Merced, Calif | approved | Pass |
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19-548
| 1 | J.5. | | Public Hearing Item | SUBJECT: Public Hearing and Adoption of Resolution to Abandon 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)
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 2019-61, a Resolution of the City Council of the City of Merced, California, ordering the vacation of a sewer easement and working easement at the northeast corner of G Street and Yosemite Avenue (Vacation #19-04). | approved | Pass |
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19-561
| 1 | J.6. | | Public Hearing Item | SUBJECT: Public Hearing and Potential Introduction of Ordinance to Revise Park Hours and Amending Section 14.04.070 - Hours - Permits to Reflect Approved New Park Hours
REPORT IN BRIEF
Public Hearing regarding revision of park hours and update of Code of Ordinances Title 14, Chapter 14.04, Amending Section 14.04.070 - Hours - Permits.
RECOMMENDATION
City Council - Adopt a motion introducing Ordinance 2505, an Ordinance of the City Council of the City of Merced, California, amending Section 14.04.070, “Hours - Permit,” of the Merced Municipal Code regarding City parks. | approved | Pass |
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19-546
| 1 | K.1. | | Report Item | SUBJECT: Adoption of Resolutions for Calling a Special Election for March 3, 2020 for the Purpose of Placing a Ballot Measure Before the Voters to Amend Various Sections of the City of Merced Charter and Requesting the Merced County Board of Supervisors Consolidate Said Election with the Statewide Primary Election Being Held on the Same Date
REPORT IN BRIEF
Consideration of Resolutions Calling a March 3, 2020 Special Municipal Election for the purpose of placing a measure on the ballot regarding amending various sections of the City of Merced Charter and requesting the County Board of Supervisors 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 2019-, a Resolution of the City Council of the City of Merced, California, calling a Special Municipal Election to be held on March 3, 2020, for the Purpose of Submitting a Ballot Measure to Amend Various Sections of the City of Merced Charter to the Electorate; and,
B. Adopting Resolution 2019-, a Resolution of the Cit | | |
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19-600
| 1 | L.1. | | Business Item | SUBJECT: Mayor Murphy’s Request to Discuss Naming a Park After a Member of the Hmong Community
REPORT IN BRIEF
Mayor Murphy’s request to discuss naming a park after a member of the Hmong Community pursuant to City Council Administrative Policies and Procedures C-1.
RECOMMENDATION
It is requested Council give staff direction on this item. | approved | Pass |
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19-601
| 1 | L.2. | | Business Item | SUBJECT: Mayor Murphy’s Request to Discuss Hosting a Stage of the Amgen Tour of California Bike Race
REPORT IN BRIEF
Mayor Murphy’s request to discuss hosting the Amgen Bike Tour pursuant to City Council Administrative Policies and Procedures C-1.
RECOMMENDATION
It is requested Council give staff direction on this item. | approved | Pass |
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19-586
| 1 | L.3. | | Business Item | SUBJECT: Discussion on, and Potential Appointments to, the City of Merced Planning Commission (3 Vacancies)
REPORT IN BRIEF
Considers options for appointing individuals to the City of Merced Planning Commission.
RECOMMENDATION
City Council - Adopt a motion:
A. Directing staff to schedule a Special Meeting to conduct interviews of Planning Commission applicants; or,
B. Appointing a City Council subcommittee to complete interviews of the applicants and make recommendations to the full Council at the next Regular Meeting; or,
C. Appointing one, two or three of the qualified applicants to the open seats either by Council District or At-Large at Council discretion; or,
D. Continuing this item to a future meeting (specify date in motion). | approved | Pass |
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19-545
| 1 | L.4. | | Business Item | SUBJECT: City Council Position on League of California Cities Resolutions
REPORT IN BRIEF
Provides direction to the City’s official League of California Cities voting delegate on two proposed League Resolutions.
RECOMMENDATION
City Council - Adopt a motion stating the City’s position on each of the two proposed League Resolutions and directing the City’s official League voting delegate to cast votes as such at the League’s Annual Business Meeting on Friday, October 18, 2019, at the Long Beach Convention Center. | approved | Pass |
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19-543
| 1 | L.5. | | 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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19-544
| 1 | L.6. | | 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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