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Meeting date/time:
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8/17/2020
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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20-430
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 3033 G Street, Merced, CA APN 007-350-009; Agency Negotiator: Frank Quintero, Director, Economic Development; Negotiating Parties: Doug Collins Representing Merced City School Districts and City of Merced and; Under Negotiation: Price and Terms of Payment | | |
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20-431
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: Surface Water Purchase, Merced, CA; Agency Negotiator: Stephanie Dietz, Interim City Manager, City of Merced; Negotiating Parties: Merced Irrigation District and City of Merced and; Under Negotiation: Price and Terms of Payment | | |
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20-450
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Government Code section 54956.9 (Deciding Whether to Initiate Litigation): (2) potential cases | | |
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20-379
| 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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20-412
| 1 | H.2. | | Consent Item | SUBJECT: Authorization to Accept $57,328 in Grant Funds from the California Department of Alcoholic Beverage Control Grant Assistance Program for the Police Department to Conduct Enforcement Operations and to Purchase Enforcement Supplies/Equipment with the Goal of Reducing Underage Drinking and Other Alcohol Crimes Related to Underage Drinking
REPORT IN BRIEF
Considers accepting grant funds from the California Department of Alcoholic Beverage Control offered to the Merced Police Department in the amount of $57,328 from the Grant Assistance Program for the Merced Police Department to conduct enforcement operations and to purchase enforcement supplies/equipment.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2020-55, accepting a grant award from the California Department of Alcoholic Beverage Control Grant Assistance Program; and,
B. Accepting and increasing the revenue budget in account 001-1002-324.02-00 by $57,328, and appropriating the same amount in Police Operations Division 001-1002; and,
C. Authorizing the use of pooled cash until reimbursement | approved | Pass |
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20-424
| 1 | H.3. | | Consent Item | SUBJECT: Approval of the Request by the Superior Court of California, County of Merced, to Rent the Merced Senior Community Center from August 18 Through October 30, 2020 for Jury Selection and Jury Trials and Approve the Facility Rental Rate in the Amount of $300 Per Month
REPORT IN BRIEF
Considers renting the Merced Senior Community Center to the Superior Court for jury selection and jury trials.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the request to rent the Merced Senior Community Center to the Superior Court of California, Merced County from August 18 through October 30, 2020; and,
B. Approving the facility rental rate of $300 per month; and,
C. Authorizing the City Manager to execute the necessary documents once approved as to form by the City Attorney. | approved | Pass |
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20-377
| 1 | H.4. | | Consent Item | SUBJECT: Approval of the 2021 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 2021 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 2021 and authorizing the City Manager to execute the necessary documents. | approved | Pass |
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20-392
| 1 | H.5. | | Consent Item | SUBJECT: Award of Bid and Approval of Construction Contract with Mid Cal Pipeline & Utilities, Inc., in the Amount of $854,095.00 for a Water System Enterprise Funded Project for Brimmer Water Main, Project No. 113031
REPORT IN BRIEF
Considers awarding a construction contract in the amount of $854,095.00, funded by Water System Enterprise funds, for City Project No. 113031 - Brimmer Water Main.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the Brimmer Water Main, Project 113031, to Mid Cal Pipeline & Utilities, Inc., in the amount of $854,095.00; 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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20-406
| 1 | H.7. | | Consent Item | SUBJECT: Approval of a Professional Service Agreement Between the City of Merced and RSG Inc. for Housing Successor Agency Services Through June 30, 2021 in an Amount not to Exceed $79,760.00
REPORT IN BRIEF
Considers approving the terms and scope of services for a professional services agreement with RSG Inc. to provide consulting services to the City of Merced and the City’s Housing Successor Agency.
RECOMMENDATION
City Council - Adopt a motion approving the professional services agreement between the City of Merced and RSG Inc. for consulting services related to the Housing Successor Agency in the amount not to exceed $79,760.00 and authorizing the City Manager or the Assistant City Manager to execute all the necessary documents. | approved | Pass |
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20-405
| 1 | H.8. | | Consent Item | SUBJECT: Housing Successor Agency Annual Compliance Report for Fiscal Year 2018-19 Pursuant to Health and Safety Code Section 34176.1(f)
REPORT IN BRIEF
Annual report summarizing Housing Successor activity for the City of Merced (“City”) in Fiscal Year (“FY”) 2018-19 per Senate Bill (“SB”) 341, which requires the City to prepare an annual report on the City’s compliance with housing successor requirements imposed by Health and Safety Code (“HSC”) Section 34176.1(f).
RECOMMENDATION
City Council - Receive and file the Housing Successor Agency Annual Report for Fiscal Year 2018-19. | approved | Pass |
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20-384
| 1 | H.6. | | Consent Item | SUBJECT: Award of Bid and Approval of Construction Contract with MVC Enterprises, Inc., in the Amount of $470,523.99 for a Measure V and SB1 Funded Project for M Street Resurfacing 8th Street to 13th Street, Project No. 120010
REPORT IN BRIEF
Considers awarding a construction contract in the amount of $470,523.99 funded by Measure V and SB1 for City Project No. 120010 - M Street Resurfacing 8th Street to 13th Street.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the M Street Resurfacing 8th Street to 13th Street, Project 120010, to MVC Enterprises, Inc., in the amount of $470,523.99 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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Video
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20-358
| 1 | I.1. | | Public Hearing Item | SUBJECT: Reopened Public Hearing - To Consider Appeal of the Environmental Determination to Adopt a Mitigated Negative Declaration for Conditional Use Permit #1238 and Environmental Review #20-05 (CEQA Section 15162 Findings) for Site Plan #455 and to Consider the Appeal of the 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. Open the Public Hearing and hear all testimony regarding the appeal; and,
B. Close the Public Hearing; and,
C. Provide direction to staff regarding Environmental Review #19-37 (Mitigated Negative Declaration for CUP #1238 and Environmental Review #20-05 (CEQA Section 15162 F | denied | Pass |
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Video
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20-331
| 1 | I.2. | | Public Hearing Item | SUBJECT: Public Hearing to Consider the Annexation of Certain Property into CFD No. 2003-2 (Services), Calling and Holding a Special Election for Annexation No. 13 into Community Facilities District (CFD) No. 2003-2 (Services) for the PG&E Service Center; Canvassing the Results of the Election Held within Annexation No. 13 of Said District and Authorizing the Levy of a Special Tax Within Said Annexation No. 13
REPORT IN BRIEF
Open the public hearing and continue it to the City Council meeting of September 21, 2020 for the annexation into Community Facilities District No. 2003-2 (Services) for the PG&E Service Center generally located at the northeast corner of Childs Avenue and Kibby Road.
RECOMMENDATION
City Council - Open the public hearing and continue the hearing to September 21, 2020. | continued | Pass |
Action details
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Video
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20-184
| 1 | I.3. | | Public Hearing Item | SUBJECT: Public Hearing - Vacation No. 20-01 for the Adoption of a Resolution Ordering the Vacation of a Sewer Lift Station Easement, Temporary Construction Access Easement, and a Public Utilities Easement Generally Located at the West End of the Property Located at 1610 West 16th Street
REPORT IN BRIEF
Considers approving a Resolution to order the vacation of a Sewer Lift Station Easement, Temporary Construction Access Easement, and a Public Utilities Easement Generally Located at the west end of the property located at 1610 West 16th Street.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2020-24, a Resolution of the City of Merced, California ordering the vacation of a 908-square-foot sewer lift station easement, a 908-square-foot temporary construction easement, and a 2,791-square-foot public utilities easement generally located on the west end of the property located at 1610 West 16th Street (Vacation #20-01). | approved | Pass |
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Video
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20-417
| 1 | I.4. | | Public Hearing Item | SUBJECT: Public Hearing to Allow Interested Persons to be Heard Prior to the Completion and Submittal of an Application to the United States Department of Housing and Urban Development (HUD) in the Amount of $2,000,000 for Financing Through the Section 108 Loan Guarantee Program for the Childs Court Apartments - Childs and B Street Transit Oriented Development (TOD) Affordable Housing Project
REPORT IN BRIEF
Public Hearing to allow interested persons to be heard prior to the completion and submittal of an application to the United States Department of Housing and Urban Development (HUD) in the amount of $2,000,000 for financing through the Section 108 Loan Guarantee Program for the Childs Court Apartments - Childs and B Street Affordable Housing Transit Oriented Development (TOD) Project.
RECOMMENDATION
City Council - Adopt a motion:
A. Recommend the City Council conduct the Public Hearing, receive any testimony given; and,
B. Provide direction to Staff regarding the Proposed HUD 108 Loan Application; and,
C. Continue the Public Hearing to the September 8, 2020, meeting. | continued | Pass |
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Video
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20-416
| 1 | J.1. | | Report Item | SUBJECT: Update on North Merced Annexation Feasibility Study and Provide Direction Regarding Various Policy Decisions Including, but not Limited to, Water Use, Phasing of Development, Sewer Allocation, Annexation Applications, Out Boundary Service Requests, Community Engagement
REPORT IN BRIEF
Update the City Council on the work completed on the North Merced Annexation Feasibility Study since the joint Planning Commission/City Council study session in January 2020 and get policy direction on certain items to complete the study.
RECOMMENDATION
Provide direction to the consultants and staff on various topics to guide the completion of the North Merced Annexation Feasibility Study. | | |
Action details
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Video
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20-434
| 1 | J.2. | | Report Item | SUBJECT: Consideration of the Recommendation by the Arts and Culture Advisory Commission for a Street Mural with the Phrase “Black Lives Matter” on Canal Street (South of Bob Hart Square) and Provide Staff Direction on a Draft Policy for Public Art Projects on City Facilities and Public Rights-of-Way
REPORT IN BRIEF
Request made from the NAACP, the Hispanic Chamber of Commerce, WeCed and the United Way, as the lead applicant, to the Arts and Culture Advisory Commission for a proposed street mural with the phrase “Black Lives Matter” on Canal Street. Also seeks direction on a draft policy for public art projects on public facilities and public rights-of-way.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Arts and Culture Advisory Commission’s recommendation to support the proposed street mural of the phrase “Black Lives Matter” on Canal Street, south of Bob Hart Square; and
B. Provide staff direction on a draft policy for public art projects on public facilities and public rights-of-way. | denied | Pass |
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20-454
| 1 | K.1. | | Business Item | SUBJECT: Appointments to the Citizens’ Stipend Setting Commission with 3 Members to be Appointed by District
REPORT IN BRIEF
Considers the appointment of individuals to the Citizens’ Stipend Setting Commission.
RECOMMENDATION
City Council - Adopt a motion accepting nominations and appointing one individual to City Council Districts 2,3, and 4 to the Citizens’ Stipend Setting Commission. | approved | Pass |
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20-433
| 1 | K.2. | | Business Item | SUBJECT: Discussion on the Format of Future City Council Meetings During COVID-19 and Guidance for Other City Boards and Commissions
REPORT IN BRIEF
Discuss the format of City Council, Board, and Commission Meetings.
RECOMMENDATION
Provide staff direction on the format of future City Council, Board, and Commission Meetings. | | |
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Video
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20-399
| 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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20-400
| 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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