Meeting date/time:
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5/2/2022
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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22-369
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code section 54956.9: Potential Case Regarding 1820 I Street - APN 031-082-015 and Gateway Terrace II Project Site APN: 031-323-002 | | |
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22-366
| 1 | B.2. | | Closed Session Item | SUBJECT: PUBLIC EMPLOYEE APPOINTMENT - TITLE: City Attorney; AUTHORITY: Government Code 54957 | | |
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22-291
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Bike Month
REPORT IN BRIEF
Received by the Bicycle and Pedestrian Advisory Commission | | |
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Video
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22-292
| 1 | F.2. | | Ceremonial Matter Item | SUBJECT: Proclamation - Mental Health Awareness Month
REPORT IN BRIEF
The Mental Health Awareness Month Proclamation will be presented to a representative of Behavioral Health and Recovery Services. | | |
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Video
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22-328
| 1 | F.3. | | Ceremonial Matter Item | SUBJECT: Proclamation - Municipal Clerks Week
REPORT IN BRIEF
Received by Jennifer Levesque, Assistant City Clerk | | |
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Video
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22-269
| 1 | G.1. | | Special Presentation Item | SUBJECT: Update on City of Merced Youth Council High School Town Halls
REPORT IN BRIEF
Members of the Youth Council will provide an update on recent High School Town Halls.
RECOMMENDATION
For information only. | | |
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Video
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22-322
| 1 | G.2. | | Special Presentation Item | SUBJECT: Update on the Childs and Canal Project
REPORT IN BRIEF
Developer Frank Kozlowski will provide Council an update on the Childs and Canal project.
RECOMMENDATION
For information only. | | |
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Video
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22-311
| 1 | J.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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22-252
| 1 | J.2. | | Consent Item | SUBJECT: Information-Only Contracts for the Month of April 2022
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $34,000 and of Public Works contracts under $76,875. | approved | Pass |
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22-312
| 1 | J.3. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of March 21, April 4, and April 18, 2022
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 March 21, April 4, and April 18, 2022. | approved | Pass |
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22-326
| 1 | J.4. | | Consent Item | SUBJECT: Authorization to Accept and Appropriate Grant Funding in the Amount of $177,952.00 from State of California - Natural Resources Agency Department of Parks and Recreation for Play Equipment, Restrooms, or Other Amenities that Support the Development of Community Park-42 Regional Sports Facility (CP-42) Phase 1, 887 S. Tyler Road, Merced, Ca 95340
REPORT IN BRIEF
Consider accepting and appropriating grant funds in the amount of $177,952.00 from State of California - Natural Resources Agency Department for the development of two restrooms at Community Park-42 (CP-42). The grant requires a matching fund of $44,488.00 from the City of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting grant funds from State of California - Natural Resources Agency Department in the amount of $177,952; and,
B. Increasing revenue account 442-1202-324-02-00 in the amount of $177,952 and appropriating the same to account 442-1202-647-65-00, project 122061; and,
C. Authorizing the use of pooled cash to cover the appropriation until grant funds are reimbursed; and,
D. Autho | approved | Pass |
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22-295
| 1 | J.6. | | Consent Item | SUBJECT: Approval of Street Closure Request #22-04 by the Merced County Sheriff’s Department for Merced County Fair (35th District Agricultural Association/Merced County Fair) to Close Traffic on G Street, Between W. Childs Avenue and 11th Street, During the Merced County Fair from June 8 Through the 12, 2022, from 3:00 p.m. to 12:00 a.m.
REPORT IN BRIEF
Considers approving a request by the Merced County Sheriff’s Department for the Merced County Fair (35th District Agricultural Association/Merced County Fair) for the closure and use of City streets to control traffic for the Merced County Fair. The request seeks approval to close G Street, between W. Childs Avenue and 11th Street, on June 8 through 12, 2022, from 3:00 p.m. to 12:00 a.m.
RECOMMENDATION
City Council - Adopt a motion approving the street closure of G Street, between W. Childs Avenue and 11th Street, from 3:00 p.m. to 12:00 a.m. from Wednesday, June 8, 2022, through Sunday, June 12, 2022, for the Merced County Fair, subject to the details and conditions outlined in the administrative staff report. | approved | Pass |
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22-274
| 1 | J.7. | | Consent Item | SUBJECT: Adoption of Resolution Declaring Intent to Vacate the Excess Portion of a Bicycle Path at 897 Lehigh Drive and Setting a Public Hearing for June 6, 2022 (Vacation #21-04)
REPORT IN BRIEF
Considers adopting a resolution of intent and set a public hearing for intent to abandon an excess portion of a City bike path at 897 Lehigh Drive.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2022-18, a Resolution of the City Council of the City of Merced, California, declaring its intention to vacate a 8,179-square-foot excess portion of a bicycle path at 897 Lehigh Drive, generally located on the north side of Lehigh Drive, approximately 500 feet west of San Jose Avenue. (Vacation #21-04) and setting time and place for Public Hearing. | approved | Pass |
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22-275
| 1 | J.8. | | Consent Item | SUBJECT: Adoption of Resolution Declaring Intent to Vacate 15 Easements Within the Merced Mall Parking Lot at 851 W. Olive Avenue to Accommodate the Merced Mall Remodel and Expansion Project and setting a Public Hearing for June 6, 2022 (Vacation #21-05)
REPORT IN BRIEF
Considers adopting a resolution of intent to abandon 15 easements within the Merced Mall parking lot at 851 W. Olive Avenue, Merced, and setting time and place for Public Hearing.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2022-17, a Resolution of the City Council of the City of Merced, California, declaring its intention to vacate 15 easements within the parking lot for the Merced Mall at 851 W. Olive Avenue, generally located on the north side of Olive Avenue, approximately 450 feet east of R Street (Vacation #21-05) and setting time and place for Public Hearing. | approved | Pass |
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22-284
| 1 | J.9. | | Consent Item | SUBJECT: Approval of a First Amendment with Modesto Industrial Electrical Company, Inc., for the Supply and Delivery of Electrical/Mechanical Parts and Repair/Installation Services adding the not to Exceed Amount of $50,000, Totaling $110,000 for the 2021-22 Fiscal Year
REPORT IN BRIEF
Considers approving a First Amendment to a Supply and Services Agreement with Modesto Industrial Electrical Company, Inc., for additional parts and services through June 30, 2022.
RECOMMENDATION
City Council - Adopt a motion approving the First Amendment with Modesto Industrial Electrical Company, Inc. for the supply and delivery of electrical/mechanical parts and repair/installation services in the additional amount not to exceed $50,000, totaling $110,000 for Fiscal Year 2021-22; and authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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22-324
| 1 | J.10. | | Consent Item | SUBJECT: Approval to Waive the Competitive Bidding Requirements and Authorizing the Purchase of Four (4) Budgeted Fleet Vehicles for the Airport Through Cooperative Purchasing Agreements with Sourcewell and Garton Tractor of Merced, Including One Jacobson Industrial Mower for $77,573.88, One Cushman Utility Vehicle for $16,269.40, One Midsize Kubota Tractor for $61,052.99, and One Landpride 20’ Heavy Duty Rotary Cutter for $33,242.13
REPORT IN BRIEF
Considers waiving the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 to purchase currently budgeted and Council approved fleet vehicles through the government procurement program Sourcewell.
RECOMMENDATION
City Council - Adopt a motion:
A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code section 3.04.210 to utilize cooperative purchasing agreements through Sourcewell, a government procurement program; and,
B. Approving the purchase of one Jacobson 11’4” Industrial Mower from Garton Tractor in the amount of $77,573.88 through Sourcewell c | approved | Pass |
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22-327
| 1 | J.11. | | Consent Item | SUBJECT: Approval of Contract Change Order #4 with Hoffman Electronic Systems in the Amount of $1,795, to Purchase Wireless Motion Sensors for the Upgraded Alarm Monitoring System at the Wastewater Treatment Facility for a Total Contract Amount of $72,564
REPORT IN BRIEF
Considers approving a fourth contract change order with Hoffman Electronic Systems, in the amount of $1,795, to purchase wireless motion sensors for the upgraded alarm monitoring system at the Wastewater Treatment Facility for a total contract amount of $72,564.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the fourth contract change order with Hoffman Electronic Systems, in the amount of $1,795, to upgrade the existing alarm monitoring system at the Wastewater Treatment Facility for a total contract amount of $72,564; and,
B. Approving future contract change orders up to 10% of the total contract amount; and,
C. Authorizing the City Manager or Deputy City Manager to execute the necessary documents. | approved | Pass |
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22-323
| 1 | J.13. | | Consent Item | SUBJECT: Approval of Memorandum of Understanding Between the United States Fish and Wildlife Service - San Luis National Wildlife Refuge Complex and the Merced City Fire Department for Exchange of Technical Education
REPORT IN BRIEF
Considers the authorization to approve the Memorandum of Understanding Between the United States Fish and Wildlife Service - San Luis National Wildlife Refuge Complex and the Merced City Fire Department for technical education exchange.
RECOMMENDATION
City Council - Adopt a motion approving the Memorandum of Understanding and authorizing the City Manager or the Deputy City Manager to execute all necessary documents. | approved | Pass |
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22-268
| 1 | J.5. | | Consent Item | SUBJECT: Approval of a Professional Services Agreement for Design of an off the Shelf Master Plan Set for Cottages and Accessory Dwelling Units
REPORT IN BRIEF
Recommend approving an agreement for professional services with Precision Civil Engineering, Inc., to prepare an Off the Shelf Master Plan Set for Cottages and Accessory Dwelling Units (ADUs).
RECOMMENDATION
City Council - Adopt a motion:
A. Approving an Agreement for Services with Precision Civil Engineering, Inc. (PCE), in the amount of $85,000 to prepare designs for an off the Shelf Master Plan Set for Cottages and ADUs and to prepare program documents; and,
B. Authorizing the City Manager or Deputy City Manager to execute the agreements. | approved | Pass |
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Video
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22-286
| 2 | J.12. | | Consent Item | SUBJECT: Approval of Memorandum of Understanding Between the City of Merced and the County of Merced for Reimbursement of Prorated Share of Countywide Broadband Strategic Plan in the Amount of $69,030
REPORT IN BRIEF
Considers the authorization to approve the memorandum of understanding between the City of Merced and the County of Merced for reimbursement of prorated share of countywide broadband strategic plan in the amount of $69,030.
RECOMMENDATION
City Council - Adopt a motion approving the memorandum of understanding with the County of Merced and authorizing the City Manager or Deputy City Manager to execute all necessary documents. | approved | Pass |
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Video
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22-350
| 1 | J.14. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Amending the Official Zoning Map by Rezoning Approximately 8.5 Acres of Land Generally Located on the Northeast Corner of Bellevue Road and Barclay Way from Planned Development (P-D) #73 to Residential Planned Development (RP-D) #63
REPORT IN BRIEF
Second reading and final adoption of an Ordinance changing the Zoning from Planned Development (P-D #73) to Residential Planning Development (RP-D) #63.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2539, An Ordinance of the City Council of the City of Merced, California, amending the Official Zoning Map by rezoning approximately 8.5 acres of land generally located on the northeast corner of Bellevue Road and Barclay Way from Planned Development (P-D) #73 to Residential Planned Development (RP-D) #63. | approved | Pass |
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Video
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22-216
| 1 | K.1. | | Public Hearing Item | SUBJECT: Public Hearing to Consider the Annexation of Certain Property into Community Facilities District (CFD) No. 2003-2 (Services), Calling and Holding a Special Election for Annexation No. 20 into CFD No. 2003-2 (Services) for Approximately 15.93 Acres Located at the Northeast Corner of El Redondo Drive (Extended) and Monaco Drive; Canvassing the Results of the Election Held within Annexation No. 20 of Said District, and Annexing Annexation No. 20 to Said District and Authorizing the Levy of a Special Tax Within Said Annexation No. 20
REPORT IN BRIEF
Hold a public hearing and election for annexation into Community Facilities District No. 2003-2 (Services) for the approximately 15.93-acre residential project located at the northeast corner of El Redondo Drive (extended) and Monaco Drive.
RECOMMENDATION
City Council - Adopt a motion:
A. Holding a Public Hearing on the annexation of certain property into the CFD and the levy of special taxes; and,
B. Adopting Resolution 2022-22, a Resolution of the City Council of the City of Merced, acting as the Legislative Body of the Com | approved | Pass |
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Video
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22-215
| 1 | K.2. | | Public Hearing Item | SUBJECT: Public Hearing to Consider a Resolution Approving General Plan Amendment #22-02 and Environmental Review #22-14 (Mitigated Negative Declaration), and the Introduction of an Ordinance for Zone Change #430 for Approximately 4.59 Acres Located on the East Side of Parsons Avenue, Approximately 300 Feet South of Yosemite Parkway (Hwy 140); and Approval of a Legislative Action Agreement for the Project
REPORT IN BRIEF
Request for City Council approval to change the General Plan Land Use Designation from Thoroughfare Commercial (CT) to High-Medium Density (HMD) Residential and change the Zoning designation from Thoroughfare Commercial (C-T) to Medium Density Residential (R-3-1.5) for approximately 4.59 acres generally located on the east side of Parsons Avenue, approximately 300 feet south of Yosemite Parkway (Hwy 140), including the adoption of a Mitigated Negative Declaration and approval of a Legislative Action Agreement.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2022-21, A Resolution of the City Council of the City of Merced, California, Approv | approved | Pass |
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Video
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22-217
| 1 | L.1. | | Report Item | SUBJECT: Approval of Density Bonus #22-01, Initiated by Visionary Homes of California, LLC, on Behalf Evan R. Rahilly and Marlea Massey, Trustees, Property Owners and Approval of Certain Concessions to Development Standards to Allow the Construction of 108-Unit Affordable Apartment Complex at 1808 Parsons Avenue
REPORT IN BRIEF
Considers the approval of a Regulatory Agreement with Visionary Home Builders of California, Inc., granting certain concessions to development standards to allow the construction of 108-unit affordable apartment complex generally located on the east side of Parsons Avenue, approximately 300 feet south of Yosemite Parkway (Hwy 140) (1808 Parsons Ave).
RECOMMENDATION
City Council - Adopt a motion:
A. Finding that the adoption of the Regulatory Agreement is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and
B. Approving the Affordable Housing Regulatory Agreement with Visionary Home Builders of California, Inc., for the property located at 1808 Parsons Avenue to construct a 108-u | approved | Pass |
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Video
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22-208
| 1 | L.2. | | Report Item | SUBJECT: Authorization to Forgive Community Facilities District (CFD) Loans from the General Fund Totaling $1,710,991.71
REPORT IN BRIEF
Considers forgiving Community Facilities District loans from the General Fund totaling $1,710,991.71.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2022-25, a Resolution of the City Council of the City of Merced, California, Authorizing Forgiveness of the Loan Agreements between the City of Merced’s General Fund and City of Merced’s Community Facilities District Public Safety Police Fund, Fire Fund, and Parks Fund; and,
B. Authorizing the City Manager or the Deputy City Manager to execute any necessary documents; and,
C. Authorizing the Finance Officer to make necessary budget adjustments. | approved | Pass |
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Video
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22-364
| 1 | L.3. | | Report Item | SUBJECT: Review and Discuss the Arts and Culture Advisory Commission’s Recommendations for the Open Call for Art Projects
REPORT IN BRIEF
Review, discuss, and approve Arts and Culture Advisory Commission’s recommendations for the open call art projects.
RECOMMENDATION
City Council - Adopt a motion:
A. Recommending advancing ranked art projects with scores of 15 or higher for a funding total of $51,340.00; and,
B. Confirming project locations and grant authority for artists to perform work on City property. | approved | Pass |
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Video
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22-363
| 1 | M.1. | | Business Item | SUBJECT: Council Member Echevarria’s Request to Discuss a Feline Policy
REPORT IN BRIEF
Council Member Echevarria’s Request to discuss a feline policy pursuant to City Council Administrative Policies and Procedures C-1.
RECOMMENDATION
Provide direction to staff regarding a feline policy. | | |
Action details
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Video
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22-361
| 1 | M.2. | | Business Item | SUBJECT: Request to Display the Pride Flag in Bob Hart Square in Honor of Pride Month Beginning on June 1, 2022 Through June 30, 2022 and to Include this Request on the Annual Flag Calendar Adopted by the City Council
REPORT IN BRIEF
Request from the Merced Pride Center to Display the Pride Flag in Bob Hart Square on June 1, 2022 through June 30, 2022 and to include this request on the annual Flag Calendar adopted by the City Council.
RECOMMENDATION
Provide direction to staff on the display of the Pride Flag in Bob Hart Square in accordance with Council Policy C-7 regarding the display of commemorative flags, and to include this request on the annual Flag Calendar adopted by the City Council. | approved | Pass |
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Video
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22-297
| 1 | M.3. | | Business Item | SUBJECT: Council Direction Concerning Hosting a Bike Race in March 2023 Within the City of Merced and Neighboring Community
REPORT IN BRIEF
Council to discuss the City of Merced’s ability to partner with a local, community host to commit funds, staff, and other resources to host the proposed 2023 Hincapie Gran Fondo.
RECOMMENDATION
Provide staff direction on the proposed 2023 Hincapie Gran Fondo. | | |
Action details
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Video
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22-313
| 1 | M.4. | | 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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Video
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22-314
| 1 | M.5. | | 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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