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Meeting date/time:
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11/4/2019
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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19-665
| 1 | B.1. | | Study Session Item | SUBJECT: Study Session to Discuss and Provide Direction Regarding the City of Merced Employee Compensation Study
REPORT IN BRIEF
Study Session for an employee compensation study.
RECOMMENDATION
Provide staff direction as needed. | approved | Pass |
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Video
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19-669
| 1 | E.1. | | Ceremonial Matter Item | SUBJECT: Presentation From the Merced County Association of Governments
REPORT IN BRIEF
Merced County Association of Governments Executive Director Stacie Dabbs Guzman will give a presentation. | | |
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Video
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19-605
| 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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19-623
| 1 | H.2. | | Consent Item | SUBJECT: Information-Only Contracts for the Month of October 2019
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $32,000 and of Public Works contracts under $70,939. | approved | Pass |
Action details
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19-649
| 1 | H.3. | | Consent Item | SUBJECT: Information Only - Planning Commission Meeting Minutes of June 5, 2019
RECOMMENDATION
For information only. | approved | Pass |
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19-670
| 1 | H.4. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of October 7, 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 October 7, 2019. | approved | Pass |
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19-635
| 1 | H.5. | | Consent Item | SUBJECT: Adoption of Resolution Amending the Classification and Pay Plan, Approving the New Job Classification of Housing Program Manager and Adding the Wastewater Treatment Plan Operator Trainee Back to the Classification Plan Along with Changing the Job Title of Mechanic III to Lead Mechanic
REPORT IN BRIEF
Considers approving the new job classification of Housing Program Manager, deleting the classification of Housing Program Supervisor and adding back the Wastewater Treatment Plant Operator Trainee which was inadvertently deleted during the approval of the Citywide Classification Study and Re-Titling the Mechanic III as Lead Mechanic.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2019-74, a Resolution of the City Council of the City of Merced, California amending the classification plan by amending the personnel allocation in the Housing Division by deleting one Housing Program Supervisor and adding one Housing Program Manager Position, and adding the job description and establishing the salary range for Housing Program Manager; and,
B. Approving | approved | Pass |
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19-603
| 2 | H.6. | | Consent Item | SUBJECT: Acceptance of a One-Time Payment of $2,250 for the Initial Fifteen (15) Year Conduit Lease of 50 Linear Feet on Canal Street from CVIN, LLC dba VAST NETWORKS, a Competitive Local Exchange Carrier with the Option to Renew the Contract in 5 Year Increments
REPORT IN BRIEF
Considers entering into a fifteen (15) year conduit lease agreement to CVIN, LLC dba VAST NETWORKS, a Competitive Local Exchange Carrier with the option to renew the contract in 5-year increments and the acceptance of a one-time payment in the amount of $2,250.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the lease agreement with CVIN, LLC dba VAST NETWORKS; and,
B. Increasing the revenue budget in account 672-0403-360-01-01 by $2,250 and appropriating the same to account 672-0403-512-29-00; and,
C. Authorizing the City Manager or the Assistant City Manager to execute the necessary documents. | approved | Pass |
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19-596
| 1 | H.7. | | Consent Item | SUBJECT: Acceptance of Department of Justice 2019 Bulletproof Vest Partnership Grant in the Amount of $21,118.00 to Cover 50% of the Purchase Cost of New Vests and Authorization to Utilize the Use of Pooled Cash to Cover the Purchase Cost Which will be Reimbursed from the Grant Proceeds
REPORT IN BRIEF
Accept grant award for reimbursement of bulletproof vest expenses.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting and increasing the revenue budget in the amount of $21,118 in account 061-1026-324-37-00 and appropriating the same amount in grant funds to account 061-1026-522.29-00 for 50% of the costs associated with the purchase of bulletproof vests; and,
B. Authorizing the use of pooled cash to cover the appropriation until grant funds are reimbursed; and,
C. Authorizing the Police Department and the City Manager to execute the necessary documents. | approved | Pass |
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19-645
| 1 | H.8. | | Consent Item | SUBJECT: Approval of Street Closure Request Submitted by Merced Main Street Association for the 2019 Annual Christmas Parade on December 7, 2019 From 12:00 P.M. Until 7:00 P.M.
REPORT IN BRIEF
Considers allowing the use of City streets on December 7, 2019 for the Christmas Parade.
RECOMMENDATION
City Council - Adopt a motion approving the street closures of East Main Street, from Cedar Avenue to “G” Street, West Main Street, from “G” to “O” Streets, “O” Street from West Main Street to 20th Street including side streets. An alternate route due to possible road closure for the El Capitan project will be East Main Street, from Cedar Avenue to “G” Street, 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 Mike Waite of the Merced Main Street Association for the 2019 Christmas Parade on Saturday, December 7, 2019. | approved | Pass |
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19-624
| 1 | H.11. | | Consent Item | SUBJECT: Approval of a First Amendment to an Agreement for Legal Services with Lozano Smith, LLP, in an Amount not to Exceed $90,000
REPORT IN BRIEF
Considers approving a first amendment to an agreement for legal services with Lozano Smith, LLP, in an amount not to exceed $90,000.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a First Amendment to an agreement for legal services with Lozano Smith, LLP in an amount not to exceed $90,000; and,
B. Approving a supplemental appropriation from the unreserved, unencumbered General Fund balance in the amount of $30,000; and,
C. Authorizing the Finance Officer to make the necessary budget adjustment and City Manager or the Assistant Manager to execute the necessary documents. | approved | Pass |
Action details
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19-632
| 1 | H.12. | | Consent Item | SUBJECT: Approval of Professional Legal Services Agreement with Goldman, Magdalin & Krikes and Yrulegui & Roberts for Workers’ Compensation Litigation Matters in an Amount not to Exceed the Approved Budget Allocation
REPORT IN BRIEF
Considers approval of Professional Legal Services Agreements with 1) Goldman, Magdalin & Krikes and 2) Yrulegui & Roberts for workers’ compensation litigation matters.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Professional Legal Services Agreement with Goldman, Magdalin & Krikes; and,
B. Approving the Professional Legal Services Agreement with Yrulegui & Roberts; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments; and,
D. Authorizing the City Manager or the Assistant City Manager to execute the Professional Legal Services Agreements with 1) Goldman, Magdalin & Krikes and 2) Yrulegui & Roberts. | approved | Pass |
Action details
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19-673
| 1 | H.13. | | Consent Item | SUBJECT: Approval of a Supplemental Appropriation from Fund 074, Economic Development Opportunity Fund, in the Amount of $20,000.00 to Project 119063 to Secure and Complete the Abatement at 636 W. Main Street and Authorization for the City Manager or Designee to Take the Necessary Action(s) to Complete the Abatement
REPORT IN BRIEF
Staff is asking Council to consider adding $20,000.00 to Project 119063 to secure the site and complete the abatement of all nuisance conditions including, backfilling a pit where the building once stood at 636 W. Main Street.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Supplemental Appropriation from the unreserved and unencumbered balance of Economic Development Opportunity-Fund 074, in an amount not to exceed $20,000.00 to Project 119063; and,
B. Authorizing the Finance Officer to make the necessary budget adjustments; and,
C. Authorizing the City Manager or Designee to take the necessary action(s) to complete the abatement. | approved | Pass |
Action details
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19-622
| 1 | H.9. | | Consent Item | SUBJECT: First Amendment to the Professional Services Agreement with Dudek Consulting and First Amendment to the Deposit and Reimbursement Agreement with University Village Merced, LLC for the Preparation of the Environmental Impact Report (EIR) for the Proposed Annexation at the Northeast Corner of Yosemite Avenue and Gardner Road
REPORT IN BRIEF
Considers the first amendment to the Professional Services Agreement with Dudek Consulting and the Deposit and Reimbursement Agreement with University Village Merced, LLC for the preparation of the Environmental Impact Report for the proposed annexation at the northwest corner of Yosemite Avenue and Gardner Road.
RECOMMENDATION
City Council - Adopt a motion
A. Approving the First Amendment to the Professional Services Agreement with Dudek Consulting; and,
B. Approving the First Amendment to the Deposit and Reimbursement Agreement with University Village Merced, LLC; and,
C. Approving an increase in revenue in the amount of $7,044 to account 0017-0804-360-1-02 and appropriation the same to account 017-0804-512-17-001 Professional S | approved | Pass |
Action details
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Video
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19-629
| 1 | H.10. | | Consent Item | SUBJECT: Adoption of Resolution Denying the Appeal Filed by Joe Englanoff on Behalf of Merced Holdings, L.P. of the Planning Commission’s Decision to Deny Conditional Use Permit #1231 to Allow the Construction of 428 Efficiency Dwelling Units and 18,000 Square Feet of Retail at the Southeast Corner of Yosemite Avenue and McKee Road
REPORT IN BRIEF
Provides Resolution for adoption to deny the appeal filed by Joe Englanoff, on behalf of Merced Holdings, L.P., of the Planning Commission’s denial of Conditional Use Permit #1231 per City Council direction on October 7, 2019.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2019-75, a Resolution of the City Council of the City of Merced, California, denying an appeal by Joe Englanoff on behalf of Merced Holdings, L.P., concerning the action of the Planning Commission resulting in the denial of Conditional Use Permit #1231, and making certain findings in connection therewith. | approved | Pass |
Action details
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Video
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19-592
| 1 | J.1. | | Report Item | SUBJECT: Authorization to Issue Community Facilities District No. 2006-1 (Moraga of Merced) of the City of Merced, 2019 Special Tax Refunding Bonds, in the Aggregate Principal Amount not to Exceed $4,500,000, Authorizing the Sale of Such Bonds Upon Certain Terms and Conditions, Approving an Official Statement, Approving the Execution and Delivery of a Fiscal Agent Agreement, an Escrow Agreement, a Bond Purchase Agreement and a Continuing Disclosure Agreement, and Authorizing the Execution of Necessary Documents and Certificates and Related Actions
REPORT IN BRIEF
Considers refunding bonds for Moraga of Merced.
RECOMMENDATION
City Council - Acting as the Legislative Body of Community Facilities District No. 2006-1 (Moraga of Merced) of the City of Merced, adopt a motion:
A. Adopting Resolution 2019-76, a Resolution of the City Council of the City of Merced, California, acting as the legislative body of Community Facilities District No. 2006-1 (Moraga of Merced) of the City of Merced authorizing the issuance of Community Facilities District No. 2006-1 (Moraga of Merced) of the Ci | approved | Pass |
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19-664
| 1 | I.1. | | 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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Video
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19-572
| 1 | I.2. | | Public Hearing Item | SUBJECT: Public Hearing for Introduction of Ordinances Adopting Title 24, Parts 1-12 of the California Code of Regulation as the 2019 California Building and Fire Codes, and Local Amendments, for the City of Merced
REPORT IN BRIEF
Introduce Ordinances adopting Title 24, Parts 1-12 of the California Code of Regulations, referred to as the California Building Code, as the referenced Building and Fire Codes for the City of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing Ordinance 2506, an Ordinance of the City Council of the City of Merced, California, Amending Chapter 17.04, ‘Building Code,’ Article I Title, Sections 17.04.010, 17.04.050, 17.04.110, 17.04.120, 17.05.010, 17.06.010, 17.07.010, 17.09.010, 17.10.010, 17.12.010, 17.20.010, 17.24.010, 17.28.020, and 17.34.010 of the Merced Municipal Code to Adopt by Reference the 2019 California Building Code, 2019 Residential Code, 2019 Existing Building Code, 2019 Green Buildings Standards Code, 2019 Historical Code, 2019 Energy Code, 2019 California Administrative Code, 2019 California Administrative Code, 2019 | approved | Pass |
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19-638
| 1 | J.2. | | Report Item | SUBJECT: Draft Report of the Solid Waste Collection and Related Services Rate Study with R3 Consulting Group, Inc., and Request to Set a Public Hearing Following the Proposition 218 Notification
REPORT IN BRIEF
Presentation of the Draft Solid Waste Collection and Related Services Rate Study.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Solid Waste Collection and Related Services Rate Study Report; and,
B. Selecting Scenario 3 and specifying with OR without an additional litter abatement program; and,
C. Authorizing staff to proceed with the Public Notification process following Proposition 218 guidelines; and,
D. Setting a Public Hearing for February 3, 2020, at 6:00 PM to approve the amended rates. | | |
Action details
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Video
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19-658
| 1 | K.1. | | Business Item | SUBJECT: Council Member Echevarria’s Request to Discuss Vaping Regulations and Sales in the City of Merced
REPORT IN BRIEF
Council Member Echevarria’s Request to Discuss Vaping Regulations in accordance with 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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19-614
| 1 | K.2. | | Business Item | SUBJECT: Appointment - Regional Airport Authority
REPORT IN BRIEF
Consider appointing Robert Scoble to the Regional Airport Authority.
RECOMMENDATION
City Council - Adopt a motion appointing Robert Scoble to serve as a member of the Regional Airport Authority, to a seat with a term expiration of July 1, 2023. | approved | Pass |
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19-607
| 1 | K.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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19-609
| 1 | K.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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19-667
| 1 | L.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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