Meeting date/time:
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11/18/2019
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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19-699
| 1 | B.1. | | 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) | | |
Action details
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Not available
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19-700
| 1 | B.2. | | 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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Not available
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19-701
| 1 | B.3. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager; Authority: Government Code Section 54957 | | |
Action details
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19-672
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Guru Nanak 550th Gurpurb
REPORT IN BRIEF
Accepted by a representative of the Sikh Community | | |
Action details
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Video
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19-606
| 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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19-702
| 1 | I.3. | | Consent Item | SUBJECT: Information Only - Arts and Culture Advisory Commission Meeting Minutes of February 8, 2019, March 14, 2019, April 18, 2019, June 20, 2019, July 18, 2019, August 15, 2019, and September 19, 2019
RECOMMENDATION
For information only. | approved | Pass |
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19-703
| 1 | I.4. | | Consent Item | SUBJECT: Information Only - Measure C Oversight Committee Meeting Minutes of February 12, 2019, May 14, 2019, and August 13, 2019
RECOMMENDATION
For information only. | approved | Pass |
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19-671
| 1 | I.5. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of September 30, 2019 and October 21, 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 30, 2019 and October 21, 2019. | approved | Pass |
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19-391
| 1 | I.6. | | Consent Item | SUBJECT: Adoption of Resolution Acknowledging Receipt of the Annual State Mandated Inspection Compliance Report for the Reporting Period of October 1, 2018 Through September 30, 2019, Pursuant to California Health and Safety Code §13146.4
REPORT IN BRIEF
Considers the adoption of a Resolution acknowledging receipt of the Merced Fire Department’s Annual Compliance Report regarding performance of annual inspections pursuant to California Health and Safety Code (HSC) §13146.4.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2019-70, a Resolution of the City Council of the City of Merced, California, acknowledging receipt a report made by the Fire Chief of the Merced Fire Department regarding the inspection of certain occupancies required to perform annual inspections in such occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code. | approved | Pass |
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19-615
| 1 | I.7. | | Consent Item | SUBJECT: Approval of First Amendments to Professional Services Agreements with Interwest Consulting Group Inc., CSG Consultants Inc., and Bureau Veritas North American Inc. to Extend the Term of the Agreement to December 17, 2020, in an Amount Not to Exceed the Approved Budget Allocation for Planning and Building Services
REPORT IN BRIEF
Considers approving amendments to Professional Services Agreements with three consultants for planning and building services.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the First Amendment to Contract for Professional Services with Interwest Consulting Group Inc., to extend the term for services to December 17, 2020 in an amount not to exceed funds available in the annual budget or as amended; and,
B. Approving the First Amendment to Contract for Professional Services with CSG Consultants Inc., to extend the term for services to December 17, 2020 in an amount not to exceed funds available in the annual budget or as amended; and,
C. Approving the First Amendment to Contract for Professional Services with Bureau Veritas North | approved | Pass |
Action details
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19-630
| 1 | I.8. | | Consent Item | SUBJECT: Adoption of Resolution to Amend the Pay Ranges for the Temporary Classifications of Lifeguard I, Lifeguard II, Pool Manager, Recreation Coordinator, Recreation Leader, and Recreation Specialist, Effective January 1, 2020, to Comply with State of California Minimum Wage Requirements
REPORT IN BRIEF
Considers adopting a Resolution to authorize amendments to the Pay Ranges for the Temporary Classifications of Lifeguard I, Lifeguard II, Pool Manager, Recreation Coordinator, Recreation Leader, and Recreation Specialist effective January 1, 2020, to comply with State of California minimum wage requirements.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2019-71, a Resolution of the City Council of the City of Merced, California, amending the salary ranges for the temporary classifications of Lifeguard I, Lifeguard II, Pool Manager, Recreation Coordinator, Recreation Leader, and Recreation Specialist; and authorizing the City Manager or the Assistant City Manager to execute the necessary documents. | approved | Pass |
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Not available
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19-644
| 1 | I.10. | | Consent Item | SUBJECT: Adoption of Resolution Revising a Policy Regarding Allowable Meeting and Transportation Expenses Including, but not Limited to, Mileage Reimbursement for City Employees
REPORT IN BRIEF
Considers the adoption of a Resolution revising a Policy Regarding Allowable Meeting and Transportation Expenses
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2019-73, a Resolution of the City Council of the City of Merced, California, adopting allowable expenses for individuals attending meetings, conferences, conventions and other functions relating to City business. | approved | Pass |
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19-660
| 1 | I.11. | | Consent Item | SUBJECT: Approval of a Supplemental Appropriation in Fund 361-Airport Debt Service in the Amount of $6,023 and Transfer to Fund 561- Airport Operations
REPORT IN BRIEF
Considers approving a supplemental appropriation in Fund 361-Airport Debt Service in the amount of $6,023 and transferring to Fund 561-Airport Operations.
RECOMMENDATION
City Council - Adopt motion approving a supplemental appropriation in the amount of $6,023 from the unappropriated, unreserved fund balance in Fund 361-Airport Debt Service, and transferring to Fund 561-Airport Operations; and, authorizing the Finance Officer to make the necessary budget adjustment. | approved | Pass |
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19-650
| 1 | I.14. | | Consent Item | SUBJECT: Authorization to Accept and Appropriate Grant Funding in the Amount of $500 from Northern California Tennis Foundation to Purchase Supplies for Tiny Tots Events
REPORT IN BRIEF
Considers approving and appropriating grant funding in the amount of $500 from Northern California Tennis Foundation in the Contributions and Donations account to Creative Skills to purchase supplies for Santa’s Workshop.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting grant funds from Northern California Tennis Foundation Contributions and increase revenue in account 024-1226-360.02-01 - Creative Skills-Contributions and Donations in the amount of $500; 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 |
Action details
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19-697
| 1 | I.16. | | Public Hearing Item | SUBJECT: Second Reading and Final Adoption 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
Second reading and final adoption of 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. Adopting 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 Ca | approved | Pass |
Action details
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Not available
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19-651
| 1 | I.2. | | Consent Item | SUBJECT: Information Only - Planning Commission Meeting Minutes of October 9, 2019
RECOMMENDATION
For information only. | | |
Action details
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Not available
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19-634
| 1 | I.9. | | Consent Item | SUBJECT: Adoption of Resolution Approving the Cypress Terrace 6, Phase B - Final Map 5375 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 B
REPORT IN BRIEF
Considers the approval of Final Map #5375 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 B.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2019-78, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for the Cypress Terrace 6, Phase B Subdivision (#5375); and,
B. Approving the Subdivision Agreement for Cypress Terrace 6, Phase B; and,
C. Authorizing the City Manager or the Assistant City Manager to execute the subdivision agreement. | approved | Pass |
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Video
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19-677
| 1 | I.12. | | Consent Item | SUBJECT: Adoption of Resolution Setting a Public Hearing on December 16, 2019, for the Annual Compliance Report for Development Impact Fees as Required by Government Code Section 66000 et. seq. and City Resolution 88-72
REPORT IN BRIEF
Considers setting a public hearing for December 16, 2019, to accept public comment and consider approving the annual report regarding the collection and spending of Development Impact Fees.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2019-79, a Resolution of the City Council of the City of Merced, California, establishing a date when the final annual report of development fees will be available for public review, and setting a public hearing thereon for December 16, 2019. | approved | Pass |
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Video
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19-692
| 1 | I.13. | | Consent Item | SUBJECT: Authorization to Accept Monetary Donation from Sunrise Rotary Club of Merced, in the Amount of $10,000, for Purchase of Trees and Tree Planting Materials, Including 24” Box Scarlet Oaks (Quercus Coccinea) to be Planted in Downtown and a Variety of Species to be Planted Throughout Merced
REPORT IN BRIEF
Considers accepting monetary donation of $10,000 for trees and tree planting materials from Sunrise Rotary Club of Merced. Trees purchased with this donation will be planted downtown and throughout Merced.
RECOMMENDATION
City Council - Adopt a motion accepting $10,000 donation from Sunrise Rotary Club of Merced, increasing revenue account 558-1122-360.02-01 in the amount of $10,000 and appropriating the same in account 558-1122-532.25-00 (supplies and services). | approved | Pass |
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Video
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19-696
| 1 | I.15. | | Consent Item | SUBJECT: Second Reading and Final Adoption of Ordinance to Revise Park Hours and Amending Section 14.04.070 - Hours - Permits to Reflect Approved New Park Hours
REPORT IN BRIEF
Second reading and final adoption of an Ordinance revising 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 adopting 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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19-604
| 1 | J.1. | | Public Hearing Item | SUBJECT: Public Hearing Regarding Vacation No. 19-02 for the Adoption of Resolution Ordering the Vacation of a 20-Foot Wide Temporary Access Easement Located on Lot 137 within the Summer Creek Subdivision, Generally Located East of McKee Road at Silverstone Drive
REPORT IN BRIEF
This report provides information regarding the vacation of a 20-foot wide temporary access easement located on Lot 137 within the Summer Creek Subdivision generally located west of McKee Road at Silverstone Drive.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2019-72, 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 Lot 137 within Summer Creek, Phase Two Subdivision (Vacation #19-02). | approved | Pass |
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Video
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19-661
| 1 | J.2. | | Public Hearing Item | SUBJECT: Public Hearing for Approving a Categorical Exemption for Environmental Review #19-21 and Potential Introduction of an Ordinance for Sign/Zoning Ordinance Amendment #19-04 Regarding Various Additions and Modifications to the City’s Requirements for Signs
REPORT IN BRIEF
Considers approving a Categorical Exemption for Environmental Review #19-21 and introducing an Ordinance for Sign/Zoning Ordinance Amendment #19-04 regarding various additions and modifications to the City’s requirements for signs.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting a Categorical Exemption for Environmental Review #19-21; and,
B. Introducing Ordinance 2508, an Ordinance of the City Council of the City of Merced, California, Amending Chapter 20.62, “Signs” of the Merced Municipal Code and Chapter 17.36, “Signs” of the Merced Municipal Code, including Article I-Definitions, Article II-General Regulations, Article III-Regulations for North Merced, and Article IV-Regulations for Downtown. | approved | Pass |
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Video
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19-643
| 1 | K.1. | | Report Item | SUBJECT: City of Merced Financial Forecast and CalPERS Update
REPORT IN BRIEF
Presentation of the Financial Forecast and CalPERS Update.
RECOMMENDATION
For Information only. | | |
Action details
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Video
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19-687
| 1 | K.2. | | Report Item | SUBJECT: Review of Council Directed Variations of Scenario 3 of the Draft Report of the Solid Waste Collection and Related Services Rate Study with R3 Consulting Group, Inc., Approval of the Report and Request to Set a Public Hearing Following the Proposition 218 Notification
REPORT IN BRIEF
Presentation of Variations of Scenario 3 per Council Direction and 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 a Version of Scenario 3 and specifying with OR without an additional third party litter abatement funding; and,
C. Authorizing staff to proceed with the Public Notification process following Proposition 218 guidelines; and,
D. Setting a Public Hearing for February 18, 2020, at 6:00 PM to approve the amended rates. | | |
Action details
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19-707
| 1 | K.3. | | Report Item | SUBJECT: Report and Continued Discussion on Vaping and Flavored Tobacco
REPORT IN BRIEF
A presentation will be made by Dr. MariaElena Gonzalez and Dr. Anna Epperson from UC Merced’s Nicotine and Cannabis Policy Center and Dr. Gordon Arakawa from Merced County Department of Public Health.
RECOMMENDATION
It is requested Council give staff further direction on this item. | | |
Action details
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Video
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19-695
| 1 | L.1. | | Business Item | SUBJECT: Appointment to the Building and Housing Board of Appeals
REPORT IN BRIEF
Accept nomination to fill a Building and Housing Board of Appeals vacancy.
RECOMMENDATION
City Council - Adopt a motion accepting nomination and appointing James Allen to the Building and Housing Board of Appeals with a term ending date of July 1, 2022 and directing staff to continue recruitment for additional vacancies. | approved | Pass |
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Video
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19-608
| 1 | L.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. | | |
Action details
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Video
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19-610
| 1 | L.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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