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Meeting date/time:
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6/15/2020
6:00 PM
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Minutes status:
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Final
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Meeting location:
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City Council Chamber, 2nd Floor, Merced Civic Center, 678 W. 18th Street, Merced, CA 95340
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20-308
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to Government Code section 54956.9(d)(2) and 54956.9(e)(2) the Existing and Facts and Circumstances Include, But is Not Limited to, On June 11, 2020, a letter was received by Elisa L. Paster, Glaser Weil, Regarding Denial of Appeal of Conditional Use Permit (CUP) #1238 and Site Plan Review #455, Alleging Potential Violation of the State’s Housing Accountability Act Which Will Allegedly Subject the City to Significant Legal Liability and Financial Liability: (1) case | | |
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20-297
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: Surface Water Purchase, Merced, CA; Agency Negotiator: Stephanie Dietz, Assistant City Manager; Negotiating Parties: John Sweigard Representing Merced Irrigation District and City of Merced and; Under Negotiation: Price and Terms of Payment | | |
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20-294
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative: City Manager Steve Carrigan; Employee Organizations: Merced Association of Police Sergeants. AUTHORITY: Government Code Section 54957.6 | | |
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20-296
| 1 | B.4. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative: City Manager Steve Carrigan; Employee Organization: American Federation of State, County, and Municipal Employees (AFSCME) Council 57; Local 2703; Merced Association of City Employees (MACE). AUTHORITY: Government Code Section 54957.6 | | |
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20-295
| 1 | B.5. | | Closed Session Item | SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative: City Manager Steve Carrigan; Employee Organizations: Merced Police Officers’ Association (MPOA). AUTHORITY: Government Code Section 54957.6 | | |
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20-309
| 1 | B.6. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE; Authority: Government Code Section 54957 | | |
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20-310
| 1 | B.7. | | 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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20-307
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Juneteenth
REPORT IN BRIEF
Received by Allen Brooks, NAACP President | | |
Action details
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Video
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19-757
| 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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20-288
| 1 | I.2. | | Consent Item | SUBJECT: Acceptance of the CARES Act Grant Offer, Grant Number 3-06-0152-026-2020, Issued by the Federal Aviation Administration for the Merced Regional Airport, in the Amount of $3,364,156
REPORT IN BRIEF
Considers accepting a $3,364,156 CARES Act Grant awarded by the Federal Aviation Administration for use at the Merced Regional Airport.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a grant agreement between Federal Aviation Administration (FAA) and the City of Merced; and,
B. Approving acceptance of grant funds and increasing Airport Fund revenue account 561-1303-321.37-00 in the amount of $3,364,156; and,
C. Authorizing the use of pooled cash for expenditures until City receives reimbursement funds; and,
D. Authorizing the Finance Officer to make the necessary budget adjustments; and,
E. Authorizing the City Manager or the Assistant City Manager to execute all necessary grant documents. | approved | Pass |
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20-239
| 1 | I.3. | | Consent Item | SUBJECT: Acceptance and Appropriation of Grant Funding in the Amount of $750 for FY 2022-23 from United States Tennis Association Northern California
REPORT IN BRIEF
Considers accepting and appropriating grant funding in the amount of $750 from USTA for HITS tennis equipment grant.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting grant funds from USTA NorCal and increasing revenue in account 10184030-422201 Recreation Programs- Contributions and Donations in the amount of $750; and,
B. Appropriating the same to account 10184030-511013 - Operating Mats, Svcs & Supplies Recreation Programs; and,
C. Authorizing the City Manager or the Assistant City Manager to execute the necessary documents. | approved | Pass |
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20-292
| 1 | I.5. | | Consent Item | SUBJECT: Extension of the Memorandum of Understanding with Merced Association of City Employees (MACE) for the Term of January 1, 2020 until December 31, 2020
REPORT IN BRIEF
Considers approving the extension of the Memorandum of Understanding with Merced Association of City Employees (MACE) for the term January 1, 2020 until December 31, 2020.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2020-37, a Resolution of the City Council of the City of Merced, California, approving Memorandum of Understanding with the Merced Association of City Employees; and authorizing the City Manager or the Assistant City Manager to execute the necessary documents. | approved | Pass |
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20-293
| 1 | I.6. | | Consent Item | SUBJECT: Extension of the Memorandum of Understanding with AFSCME District Council 57 Local 2703 (Merced City Employees Association) for the Term of January 1, 2020 until June 30, 2021
REPORT IN BRIEF
Considers approving the extension of the Memorandum of Understanding with AFSCME District Council 57 Local 2703 (Merced City Employees Association) for the term January 1, 2020 until June 30, 2021.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2020-36, a Resolution of the City Council of the City of Merced, California, approving Memorandum of Understanding with the AFSCME (MCEA) District Council 57 and authorizing the City Manager or the Assistant City Manager to execute the necessary documents. | approved | Pass |
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20-283
| 1 | I.7. | | Consent Item | SUBJECT: Approval of Supplemental Appropriation in the Amount of $95,000 Due to Increased Worker’s Compensation Claims Activity in Fiscal Year 2019-2020
REPORT IN BRIEF
Considers approving a supplemental appropriation in Fund 666-Worker’s Compensation by $95,000. This adjustment is necessary due to higher than projected worker’s compensation claims activity than what was originally budgeted for in fiscal year 2019-2020.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a transfer of $95,000 from Fund 672 Support Services to Fund 666-Woker’s Compensation; and,
B. Approving a supplemental appropriation of $95,000 in Fund 666-Worker’s Compensation; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments. | approved | Pass |
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20-261
| 1 | I.8. | | Consent Item | SUBJECT: Approve the Local Agreement to Provide Firefighting Services to the Madera-Mariposa-Merced Unit (MMU) of CAL FIRE, to Provide Assistance by Hire (ABH) Utilization of Local Government Firefighting Resources to Augment CAL FIRE Resources in Support of the State’s Mission within the State Responsibility Areas (SRA) of the MMU When the Need Arises
REPORT IN BRIEF
Considers the authorization to approve the local firefighting services agreement between the City of Merced and the Madera-Mariposa-Merced Unit (MMU) of CAL FIRE.
RECOMMENDATION
City Council - Adopt a motion approving the CAL FIRE Madera-Mariposa-Merced Unit’s 2020 Local Government Assistance by Hire Agreement and authorizing the City Manager or the Assistant City Manager to execute all necessary documents. | approved | Pass |
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20-258
| 1 | I.9. | | Consent Item | SUBJECT: Approval of Memorandum of Understanding for the Merced County Operational Area Hazardous Materials Response Team (Merced City Fire Department, Merced County Fire Department, Atwater Fire Department, and Los Banos Fire Department)
REPORT IN BRIEF
Considers the authorization to approve the Memorandum of Understanding for the Merced County Operational Area Hazardous Materials Response Team, which is comprised of: Merced City Fire Department, Merced County Fire Department, Atwater Fire Department and the Los Banos Fire Department.
RECOMMENDATION
City Council - Adopt a motion approving the Memorandum of Understanding and authorizing the City Manager or the Assistant City Manager to execute all necessary documents. | approved | Pass |
Action details
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20-273
| 1 | I.10. | | Consent Item | SUBJECT: Office of Emergency Services - Authorization to Submit a Letter of Interest to Cal OES Requesting the Assignment of a Type VI Fire Engine
REPORT IN BRIEF
Approves authorization to submit a letter of interest to Cal OES requesting the assignment of a Type VI fire engine.
RECOMMENDATION
City Council - Adopt a motion authorizing the submission of a letter to Cal OES requesting the assignment of a Type VI fire engine. | approved | Pass |
Action details
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20-281
| 1 | I.11. | | Consent Item | SUBJECT: Approval of an Agreement for Professional Services with Stantec Consulting Services, Incorporated, for Engineering Design Services for the Wastewater Treatment Facility Phase VI Upgrades for a Total Amount not to Exceed $451,900
REPORT IN BRIEF
Considers authorizing an agreement for professional services with Stantec Consulting Services, Incorporated, for preliminary design of wastewater treatment facility upgrades in a total amount of $451,900.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving an agreement for professional services (engineering design services) with Stantec Consulting Services, Incorporated, in the amount of $451,900; and,
B. Authorizing the City Manager or the Assistant City Manager to sign the necessary documents. | approved | Pass |
Action details
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20-256
| 1 | I.12. | | Consent Item | SUBJECT: Approving the Fifth Amendment to the Professional Services Agreement with Stantec Consulting Services, Inc., for Additional CEQA/EIR and Assessment District Formation Efforts for the City of Merced Wastewater Collection System (Sewer) Master Plan Update
REPORT IN BRIEF
Considers approving a fifth amendment to an agreement with Stantec Consulting Services, Inc., for additional CEQA/EIR related efforts, including development of a second administrative draft environmental impact report, addressing the project level nature approach specifically relating to the air quality and greenhouse gas (GHG) sections and additional efforts related to the potential assessment district formation.
RECOMMENDATION
City Council - Adopt a motion approving a fifth amendment to professional services agreement with Stantec Consulting Services, Inc., in the additional amount of $61,500 for the City of Merced Sewer Master Plan Update; and, authorizing the City Manager or the Assistant City Manager to execute the necessary documents. | approved | Pass |
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20-241
| 1 | I.13. | | Consent Item | SUBJECT: Approval of Professional Services Agreement Through December 31, 2021, with AARC Consultants, LLC, to Conduct a Risk and Resilience Assessment and Prepare an Emergency Response Plan for Merced’s Drinking Water System in an Amount not to Exceed $109,775.00
REPORT IN BRIEF
Considers approving a professional services agreement with AARC Consultants, LLC, for a Risk and Resilience Assessment and Emergency Response Plan in compliance with Section 2013 of the America’s Water Infrastructure Act of 2018.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a professional services agreement with AARC Consultants, LLC, in the amount of $109,775, to conduct a Risk and Resilience Assessment and prepare an Emergency Response Plan; and
B. Authorizing the City Manager or the Assistant City Manager to sign the necessary documents. | approved | Pass |
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20-291
| 1 | I.15. | | Consent Item | SUBJECT: Adoption of a Resolution Re-Certifying the Updated City of Merced’s Sewer System Management Plan for the Period of June 2020 Through June 2025
REPORT IN BRIEF
Requests the City Council to re-certify the updated Sewer System Management Plan.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2020-38, A Resolution of the City Council of the City of Merced, California, re-certifying the updated City of Merced’s Sewer System Management Plan. | approved | Pass |
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20-260
| 1 | I.4. | | Consent Item | SUBJECT: Waiver of Competitive Bidding Requirement for Professional Services and Approval of a Two-Year Agreement with Giftbar, LLC. in the Amount of $500,000 to be Allocated and Held in Trust by the Service Provider and Distributed in Accordance with the Terms and Conditions of the Program and Accept and Appropriate a Fiscal Sponsorship of $250,000 from the Central Valley Opportunity Fund, and Appropriate $287,000 from the Economic Development Opportunity Fund to Establish the Proposed City of Merced Gift Card Program and the Associated Administrative Costs
REPORT IN BRIEF
Considers establishing the City of Merced Gift Card Program through the approval of the Giftbar, LLC contract for services, authorizes the acceptance of a fiscal sponsorship and appropriation of $250,000 from the Central Valley Opportunity Fund, and considers the appropriation of $287,000 from the Economic Development Opportunity Fund to establish the City of Merced proposed Gift Card program and to cover the associated administrative costs.
RECOMMENDATION
City Council - Adopt a motion:
A. Authorizing waivin | approved | Pass |
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Video
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20-205
| 2 | I.14. | | Consent Item | SUBJECT: Approval of Award of Construction Bid to Bowen Engineering and Environmental for the Well Site 3 Tank Removal, Project No. 117047, in the Amount of $318,000
REPORT IN BRIEF
Considers awarding a contract in the amount of $318,000 to Bowen Engineering and Environmental to remove the elevated water storage tank at Well Site #3 located at 511 West 12th Street.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the bid for the Well Site 3 Tank Removal, Project No. 117047, to Bowen Engineering and Environmental, in the amount of $318,000; 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. | | |
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20-203
| 1 | J.1. | | Consent Item | SUBJECT: Public Hearing and Adoption of Resolution Granting a Certificate of Public Convenience and Necessity for Universal Protection Service LP to Operate a Private Patrol Service
REPORT IN BRIEF
Considers approving a Resolution granting and issuing a certificate of public convenience and necessity to Universal Protection Service LP.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2020-30, a Resolution of the City Council of the City of Merced, California, granting a certificate of public convenience and necessity to Universal Protection Service LP. | approved | Pass |
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Video
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20-204
| 1 | J.2. | | Consent Item | SUBJECT: Public Hearing and Adoption of Resolution Granting a Certificate of Public Convenience and Necessity for Byakko Private Security Services Inc. to Provide Private Patrol Services
REPORT IN BRIEF
Considers approving a Resolution granting and issuing a certificate of public convenience and necessity to Byakko Private Security Services Inc.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2020-32, a Resolution of the City Council of the City of Merced, California, granting a certificate of public convenience and necessity to Byakko Private Security Services Inc. | approved | Pass |
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20-202
| 1 | J.3. | | Consent Item | SUBJECT: Public Hearing and Adoption of Resolution Granting a Certificate of Public Convenience and Necessity for Accolade Security Inc. to Operate a Private Patrol Service
REPORT IN BRIEF
Considers approving a Resolution granting and issuing a certificate of public convenience and necessity to Accolade Security Inc.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2020-33, a Resolution of the City Council of the City of Merced, California, granting a certificate of public convenience and necessity to Accolade Security Inc. | approved | Pass |
Action details
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20-201
| 1 | J.4. | | Consent Item | SUBJECT: Public Hearing and Adoption of Resolution Granting a Certificate of Public Convenience and Necessity for Security Enforcement Alliance to Operate a Private Patrol Service
REPORT IN BRIEF
Considers approving a Resolution granting and issuing a certificate of public convenience and necessity to Security Enforcement Alliance.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2020-31, a Resolution of the City Council of the City of Merced, California, granting a certificate of public convenience and necessity to Security Enforcement Alliance. | approved | Pass |
Action details
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Video
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20-264
| 1 | J.5. | | Public Hearing Item | SUBJECT: Public Hearing on the Various Maintenance Districts’ Engineer’s Reports and Budgets for Fiscal Year 2020/2021 with Adoption of Resolutions for Approval, Confirmation, and Adoption of the Engineer’s Reports for the Various Maintenance Districts as Originally Submitted or as Modified; and Approval of Abeyances for Maintenance Districts with Operating Reserve Balances Above the Amount Required by the Fund Balance Policy
REPORT IN BRIEF
Considers adopting a Resolution approving, confirming, and adopting Engineer’s Reports and Budgets; and a Resolution approving abeyances for Districts with operating reserve balances above the amount required by the Fund Balance policy for the various Maintenance Districts after the close of the Public Hearing.
RECOMMENDATION
City Council - Adopt a Motion:
A. Adopting Resolution 2020-39, a Resolution of the City Council of the City of Merced, California, approving, confirming, and adopting Engineer’s Reports on Maintenance Districts; and,
B. Adopting Resolution 2020-40, a Resolution of the City Council of the City of Merced, California, | approved | Pass |
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Video
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20-244
| 1 | J.6. | | Public Hearing Item | SUBJECT: Continued Public Hearing to Allow Interested Persons to be Heard Prior to Adoption of Resolutions Adopting the City Council, Public Financing and Economic Development Authority and Parking Authority Fiscal Year 2020-21 Budget with Revision(s), if any, and Appropriation of the Revenue and Approval of the Capital Projects for Each Respective Budget
REPORT IN BRIEF
Continued Public Hearing and adoption of the Fiscal Year 2020-21 City Council, Public Financing and Economic Development Authority, and Parking Authority Budget.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2020-41, Resolution of the City Council of the City of Merced, California, Adopting the Budget and Appropriating Revenue for Fiscal Year 2020-2021; and,
B. Approving capital projects based upon the Planning Commission’s June 10, 2020 finding of consistency of Capital Improvement Program with the General Plan and as modified by recalculation of carryover projects to reflect actual balances as of June 30, 2020.
Public Financing and Economic Development Authority - Adopt a motion:
A. | approved | Pass |
Action details
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Video
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20-303
| 1 | K.1. | | Report Item | SUBJECT: Continued Deliberation, Decision and Providing Direction Regarding the Appeal of Conditional Use Permit (CUP) #1238 and Site Plan Review #455 Which Would Allow the Construction of a Mixed-Use Development, Including 218 Apartments, Approximately 22,000 s.f. of Retail Commercial Space, and Approximately 14,000 s.f. of Office Space on a 5.94-Acre Parcel Generally Located at the Southeast Corner of Yosemite Avenue and McKee Road
REPORT IN BRIEF
Considers an appeal of the Planning Commission’s approval of Conditional Use Permit (CUP #1238) and Site Plan Review #455.
RECOMMENDATION
City Council - Adopt a motion:
A. Providing direction to approve or disapprove Environmental Review #19-37 (Mitigated Negative Declaration) for Conditional Use Permit #1238 and Environmental Review #20-05 (CEQA Section 15162 Findings) for Site Plan Review #455, and;
B. Providing direction to staff regarding findings to grant or deny the appeal, with or without prejudice. | approved | Pass |
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Video
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20-271
| 1 | K.2. | | Report Item | SUBJECT: Report - Fourth of July Illegal Fireworks Enforcement Strategies and Public Outreach Campaign by the City of Merced and Adopt a Motion Approving the Placement of Banners on Light Poles in Downtown Merced and G Street to Support Prevention Efforts
REPORT IN BRIEF
Provides an update to the City Council on the City’s efforts to combat illegal fireworks within the City limits and the public outreach efforts being made to deter people from using, selling and possessing illegal fireworks and approves the placement of banners on light poles in downtown Merced and G Street.
RECOMMENDATION
City Council - Adopt a motion receiving the informational report on the City’s efforts to combat illegal fireworks and approving the request to place banners on light poles downtown and on G Street from June 16, 2020 to July 6, 2020. | approved | Pass |
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20-276
| 1 | L.1. | | 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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20-277
| 1 | L.2. | | 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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