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City Council/Public Finance and Economic Development Authority/Parking Authority

August 5, 2024 ·6:00 PM Final-Amended

City Council Chamber, 2nd Floor, Merced Civic Center, 678 W. 18th Street, Merced, CA 95340

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 64 items

  1. 1 Closed Session at 5:00 PM / Regular Meeting at 6:00 PM
  2. 2 NOTICE TO PUBLIC/AVISO AL PÚBLICO/CEEB TOOM RAU PEJ XEEM
  3. 3 WELCOME TO THE MEETING OF THE MERCED CITY COUNCIL/BIENVENIDO A LA REUNIÓN DEL CONCILIO DE LA CIUDAD DE MERCED/ZOO SIAB TXAIS TOS KOJ TUAJ RAU HAUV CITY COUNCIL LUB ROOJ SAB LAJ
  4. 4 At least 72 hours prior to each regular City Council meeting, a complete agenda packet is available for review on the City’s website at www.cityofmerced.org or at the City Clerk’s Office, 678 W. 18th Street, Merced, CA 95340. All public records relating to an open session item that are distributed to a majority of the Council will be available for public inspection at the City Clerk’s Office during regular business hours. Spanish and Hmong translation is available at every regular meeting. meeting. Assisted hearing devices are available for meetings held in the Council Chamber. Al menos 72 horas antes de cada reunión regular del Concejo Municipal, un paquete de agenda complete está disponible para su revisión en el sitio web de la Ciudad en www.cityofmerced.org o en la Oficina del Secretario de la Ciudad, 678 W. 18th Street, Merced, CA 95340. Todos los registros públicos relacionados con un artículo de sesión abierta que se distribuyen a la mayoría del Concejo estarán disponibles para inspección pública en la Oficina del Secretario de la Ciudad durante el horario comercial habitual. La traducción al español y al Hmong está disponible en todas la reuniones regulares. Los dispositivos auditivos asistidos están disponibles para las reuniones que se celebran en el Salón del Consejo. Sai kawg yuav tsum yog li 72 teev ua ntej rau txhua lub rooj sib tham ntawm cov Nom Tswv (City Council), yeej muaj tag nrho pob ntawv qhia txog tias rau cov neeg los nyeem hauv lub Nroog (City) qhov website www.cityofmerced.org los sis nyob rau ntawm City Clerk’s lub Office, 678 W. 18th Street, Merced, CA 95340. Tas nrho cov ntaub ntawv teev tseg no yuav muab rau cov Nom Tswv ntawm kev sab laj pub rau tsoom pej xeem sawv daws los nyeem nyob rau hauv City Clerk’s lub Office thaum lub caij ua hauj lwm. Muaj txhais lus Mev thiab lus Hmoob. Cov cuab yeej pab kom hnov lus muaj nyob rau ntawm cov Nom Tswv qhov chaw sib tham Council Chamber
  5. 5 PUBLIC COMMENT: OBTAIN SPEAKER CARD FROM THE CITY CLERK/COMENTARIO DEL PÚBLICO / KEV HLOOV RAU TEJ PEJ XEEM TXOG KEV TAWM SUAB, NCAUS LUS:
  6. 6 Members of the audience who wish to address the City Council are requested to complete a speaker card available at the podium in the back of the Council Chamber. Please submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Material may be emailed to cityclerk@cityofmerced.org no later than 1 PM on the day of the meeting. Please specify which portion of the agenda you are commenting on, for example, Public Hearing item #, Consent item #, or Public Comments. Material received before the deadline will be sent to the City Council and will be part of the record and will be mentioned as part of the Written Petitions and Communications portion of the agenda. Any emails received by the 1PM deadline will be posted on the City's website at www.cityofmerced.org /departments/city-clerk/council-meetings. Any correspondence received after the 1PM deadline will be distributed to the City Council and retained for the official record. To view video (if available) or listen to the City Council meeting live, go to the City’s website www.cityofmerced.org, Facebook Live, or Comcast Public Access Channel 96. Los miembros de la audiencia que deseen dirigirse al Ayuntamiento deben completar una tarjeta de orador disponible en el podio en la parte de atrás de la Cámara del Concejo. Envíe la tarjeta completa al secretario de la ciudad antes de que se llame al artículo, preferiblemente antes de que comience la reunión. El material puede enviarse por correo electrónico a cityclerk@cityofmerced.org a más tardar a la 1 p.m. del día de la reunión. Especifique qué parte de la agenda está comentando, por ejemplo, el punto # de la audiencia pública, el punto # de consentimiento o los comentarios públicos. El material recibido antes de la fecha límite se enviará al Concejo Municipal y formará parte del registro y se mencionará como parte de la parte de Peticiones y Comunicaciones Escritas de la agenda. Todos los correos electrónicos recibidos antes de la fecha límite de la 1 p.m. se publicarán en el sitio web de la Ciudad en www.cityofmerced.org/ departments/city-clerk/council-meetings. Cualquier correspondencia recibida después de la 1 p.m. se distribuirá al Concejo Municipal y se conservará para el registro oficial. Para ver el video (si está disponible) o escuchar la reunión del Concejo Municipal en vivo, visite el sitio web de la ciudad www.cityofmerced.org, Facebook Live o Comcast Public Access Canal 96. Cov pej xeem los koom lub rooj sib tham uas xav tawm suab rau lub nroog cov Nom Tswv (City Council) muaj feem los sau ntawv hauv daim ntawv tawm suab nyob ntawm lub sam thiaj hais lus sab xis ntawm Council Chamber. Thov xa daim ntawv tawm suab no rau tus City Clerk ua ntej lub sij hawm rooj sab laj pib. Para ver el video (si está disponible) o escuchar la reunión del Concejo Municipal en vivo, visite el sitio web de la ciudad www.cityofmerced.org, Facebook Live o Comcast Public Access Canal 96. Cov pej xeem los koom lub rooj sib tham uas xav tawm suab rau lub nroog cov Nom Tswv (City Council) muaj feem los sau ntawv hauv daim ntawv tawm suab nyob ntawm lub sam thiaj hais lus sab xis ntawm Council Chamber. Thov xa daim ntawv tawm suab no rau tus City Clerk ua ntej lub sij hawm rooj sab laj pib.
  7. 7 Cov ntaub ntawv tuaj yeem xa email tau rau ntawm cityclerk@cityofmerced.org tsis pub dhau li 1 PM rau hnub lub rooj yuav sib tham. Thov qhia kom meej tias nqe twg ntawd cov txheej txheem koj xav tawm tswv yim rau, piv txwv li, Cov Lus Hais hais rau pej xeem ntawd yog nqe twg #, Cov Lus Pom Zoo ntawd yog nqe twg #. los yog cov lus tso rau Pej Xeem tawm tswv yim rau. Cov ntaub ntawv tau txais ua ntej hnub kawg yuav xa mus rau cov Nom Tswv City Council thiab yuav yog ib feem ntawm cov ntaub ntawv khaws tseg thiab yuav raug hais raws li ib feem ntawm kev sau ntawv thov tuaj thiab kev sib hais ntawm cov txheej txheem. Txhua qhov email tau txais 1 PM ntawd yuav muab tso rau hauv Lub Nroog qhov website ntawm www.cityofmerced.org /departments/city-clerk/council-meetings. Txhua tsab ntawv uas tau txais tom qab 1 PM lawm yuav muab xa rau cov Nom Tswv City Council thiab yuav khaws tseg rau hauv cov ntaub ntawv cai. Yog koj xav saib video (thaum muaj) los sis mloog cov Nom Tswv (City Council) kev sib tham, mus saib hauv City’s website www.cityofmerced.org, Facebook Live, los sis Comcast Public Access Channel 96.
  8. A. CLOSED SESSION ROLL CALL
  9. B. CLOSED SESSION
  10. 10 The legislative body shall provide the public with an opportunity to address the body on any item described in Closed Session [Government Code Section 54954.3(a)].
  11. B.1. SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representatives: City Manager Scott McBride, Deputy City Manager Frank Quintero, Finance Officer Venus Rodriguez, Human Resources Manager Suzanne Fierro, LCW Legal Representative Che Johnson, and LCW Legal Representative Michael Jarvis; Unrepresented Management AUTHORITY: Government Code Section 54957.6 24-733
  12. B.2. SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representatives: City Manager Scott McBride, Deputy City Manager Frank Quintero, Finance Officer Venus Rodriguez, Human Resources Manager Suzanne Fierro, LCW Legal Representative Che Johnson, and LCW Legal Representative Michael Jarvis; Employee Organizations: Merced Police Officers’ Association (MPOA) and Merced Association of Police Sergeants (MAPS). AUTHORITY: Government Code Section 54957.6 24-734
  13. B.3. SUBJECT: CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant Exposure to Litigation: Four (4) Cases: Pursuant to California Government Code Section 54956.9 24-774
  14. B.4. SUBJECT: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION City of Merced v. California Department of Fish and Wildlife, et al. MSC Case No. 23CV-03845 Pursuant to California Government Code Section 54956.9(d)(1) 24-775
  15. C. CALL TO ORDER
  16. C.1. Invocation - Pastor Joel Dorman, First Baptist Church
  17. C.2. Pledge of Allegiance to the Flag
  18. D. ROLL CALL ▶ jump to 1:52
  19. D.1. In accordance with Government Code 54952.3, it is hereby announced that the City Council sits either simultaneously or serially as the Parking Authority, the Public Financing and Economic Development Authority, and the Successor Agency to the Redevelopment Agency. City Council members receive a monthly stipend of $400.00 by Charter for sitting as the City Council; and the Mayor receives an additional $100.00 each month as a part of the adopted budget and Resolution 2020-86. The members of the Parking Authority, the Public Financing and Economic Development Authority, and the Successor Agency to the Redevelopment Agency receive no compensation.
  20. E. REPORT OUT OF CLOSED SESSION ▶ jump to 3:35
  21. 20 Approval of the Consent Agenda approved the Consent Agenda Pass
  22. F. CEREMONIAL MATTERS ▶ jump to 3:46
  23. F.1. SUBJECT: Recognition to the City of Merced and Precision Civil Engineering for the City of Merced’s Pre-Approved Duplex and Triplex Program REPORT IN BRIEF Presented by the Central Section of the California Chapter of the American Planning Association and accepted by the City of Merced and Precision Civil Engineering. 24-764
  24. G. SPECIAL PRESENTATIONS ▶ jump to 8:54
  25. G.1. SUBJECT: Presentation from PG&E on Affordability and Rates REPORT IN BRIEF Presented by Nathan Alonzo, Local Government Affairs Pacific Gas & Electric Company. 24-776
  26. H. WRITTEN PETITIONS AND COMMUNICATIONS ▶ jump to 23:10
  27. I. PUBLIC COMMENT ▶ jump to 23:14
  28. 27 Members of the public who wish to speak on any matter not listed on the agenda may speak during this portion of the meeting and will be allotted 3 minutes. The Mayor may propose a further limit to the time available for all speakers at the discretion of the City Council, in order to accommodate as many speakers as possible. State law prohibits the City Council from acting at this meeting on any matter raised during the public comment period. Members of the public who wish to speak on a matter that is listed on the agenda will be called upon to speak during discussion of that item.
  29. J. CONSENT CALENDAR ▶ jump to 52:10
  30. 29 Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Council member, individual, or organization may request removal of an item from the Consent Calendar for separate consideration. If a request for removal of an item from the Consent Calendar has been received, the item will be discussed and voted on separately.
  31. J.1. 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. 24-739 approved Pass
  32. J.2. SUBJECT: Information Only Contracts for the Month of July 2024 REPORT IN BRIEF Notification of awarded Non-Public Works contracts under $37,000 and of Public Works contracts under $84,338. 24-762 approved Pass
  33. J.3. SUBJECT: Information Only - Traffic Committee Minutes of May 14, 2024 RECOMMENDATION For information only. 24-717 approved Pass
  34. J.4. SUBJECT: Approval of Fourth Amendment for Elevator Maintenance Services with TK Elevator Corporation in the Amount of $25,621.92 for the July 1, 2024 to June 30, 2025 Contract Term, for a Total Contract Amount of $101,965.92 REPORT IN BRIEF Considers approving a fourth amendment for elevator maintenance services with TK Elevator Corporation in the amount of $25,621.92 for the 24/25 Fiscal Year. RECOMMENDATION City Council - Adopt a motion: A. Approving the Fourth Amendment with TK Elevator Corporation for Elevator Maintenance Services for an annual not-to-exceed amount of $25,621.92; and, B. Authorizing the Finance Officer to make the necessary budget adjustments; and, C. Authorizing the City Manager or designee to execute the necessary documents. 24-679 approved Pass
  35. J.5. SUBJECT: Authorize City Manager to Execute a Professional Services Agreement with Merced Area Sports Officials, Inc., for Officiating and Scorekeeping Services for Fiscal Year 2024-25 Recreation Leagues in the Amount not to Exceed $44,842 REPORT IN BRIEF Considers authorizing the City Manager to execute an annual Professional Service Agreement with Merced Area Sports Officials not to exceed $44,842 for officiating and scorekeeping services for adult and youth sports programs, including youth basketball and flag football, adult fall and summer softball, and adult basketball. RECOMMENDATION City Council - Adopt a motion: A. Waiving the City’s competitive bidding requirement as permitted by the Merced Municipal Code Section 3.04.210 for annual sole source services; and, B. Approving a Professional Services agreement with Merced Area Sports Officials not to exceed $44,842; and, C. Authorizing the Finance Officer to make the necessary budget adjustments; and, D. Authorizing the City Manager to execute the necessary documents. 24-685 approved Pass
  36. J.6. SUBJECT: Approval of Six-Month Lease Extension Between the City of Merced and USPS (United States Postal Service) at the Bell Station (415 W. 18th Street) REPORT IN BRIEF Considers approving a six-month lease extension with USPS for office space at Bell Station, with a monthly rental rate of $5,563.25. RECOMMENDATION City Council - Adopt a motion: A. Approving the Lease Extension Agreement with the United States Postal Service for office space at the Bell Station with a monthly rate of $5,563.25; and, B. Authorizing the City Manager to execute all necessary documents; and, C. Authorizing Finance Officer to make the necessary budget adjustments. 24-757 approved Pass ▶ jump to 54:21
  37. J.7. SUBJECT: Approval of a Professional Services Agreement with Goodwin Consulting Group for Special Tax Services Related to Annexations to the Community Facilities District (CFD) in an Amount not to Exceed $100,000 REPORT IN BRIEF Considers approving a Professional Services Agreement with Goodwin Consulting Group for special tax services related to annexations to the Community Facilities Districts (CFD) in an amount not to exceed $100,000 for a contract period ending June 30, 2026. RECOMMENDATION City Council - Adopt a motion: A. Approving a Professional Services Agreement with Goodwin Consulting Group, Inc. to prepare the Rate and Method of Apportionment for Community Facilities Annexations in an amount not to exceed $100,000; and, B. Authorizing the City Manager to execute the necessary documents; and, C. Authorizing the Finance Officer to make the necessary budget adjustments. 24-686 approved Pass
  38. J.8. SUBJECT: Approval of a Memorandum of Understanding with the Merced Police Officer Association (MPOA) with a Term of August 5, 2024, Through June 30, 2027 REPORT IN BRIEF Considers approving a Memorandum of Understanding with Merced Police Officers Association (MPOA) with a term of August 5, 2024, through June 30, 2027. RECOMMENDATION City Council - Adopt a motion: A. Approving Resolution 2024-80, a Resolution of the City Council of the City of Merced, California, approving Memorandum of Understanding with the Merced Police Officers Association (MPOA); and, B. Authorizing the City Manager to make non-substantive modifications subject to City Attorney approval and to execute the necessary documents; and, C. Authorizing the Finance Officer to make the necessary budget adjustments and move positions into different funding sources if determined necessary. 24-742 approved Pass
  39. J.9. SUBJECT: Adoption of a Resolution Accepting $63,654 in Grant Funds from the California Department of Alcoholic Beverage Control for the Police Department to Conduct Enforcement Operations with the Goal of Reducing Underage Drinking and Other Alcohol Crimes Related to Underage Drinking REPORT IN BRIEF Considers approving to accept grant funds from the California Department of Alcoholic Beverage Control offered to the Merced Police Department in the amount of $63,654 for the Merced Police Department to conduct enforcement operations. RECOMMENDATION City Council - Adopt a motion: A. Adopting Resolution 2024-81, a Resolution of the City Council of the City of Merced, California, accepting a grant award from the California Department of Alcoholic Beverage Control Alcohol Policing Program and, B. Authorizing the use of pooled cash until reimbursement from the grant is received; and, C. Authorizing the City Manager to execute the necessary documents; and, D. Approving the Finance Officer to make the necessary budget adjustments. 24-565 approved Pass
  40. J.10. SUBJECT: Approval to Waive the Competitive Bidding Requirement and Approval to Authorize the City Manager to Execute a 1-Year User Agreement with Cellebrite, Inc. for Cellebrite Guardian Premium Annual Subscription Service and a Cellebrite Dongle Kit with Annual Subscription Service in an Amount not to Exceed $44,923.75 REPORT IN BRIEF Considers approving an agreement with Celebrite, Inc. to allow staff to extract forensic evidence from cellular telephones with the latest technology. This request can be accomplished by waiving the competitive bidding requirement pursuant to Merced Municipal Code section 3.04.210 for purchases necessary for standardization of equipment. This agreement for Cellebrite Guardian premium annual subscription service and a Cellebrite Dongle kit with annual subscription service does not exceed the total sum of $44,923.75. RECOMMENDATION City Council - Adopt a motion: A. Approving to waive the competitive bidding requirements as stated in Section 3.04.210 of the Merced Municipal Code for standardization of equipment; and, B. Approving the purchase of Cellebrite Guardian premium annual subscription service and a Cellebrite Dongle kit with annual subscription service; and, C. Authorizing the City Manager to execute the necessary documents. 24-718 approved Pass
  41. J.11. SUBJECT: Approval of a Third Amendment to Agreement for Legal Services with Best, Best & Krieger, LLP, in an Amount not to Exceed $50,000 REPORT IN BRIEF Considers approving a Third Amendment to an Agreement for Legal Services with Best, Best & Krieger, LLP in an amount not to exceed $50,000. RECOMMENDATION City Council - Adopt a motion: A. Approving a Third Amendment to an Agreement for Legal Services with Best, Best & Krieger, LLP in an amount not to exceed $50,000; and, B. Authorizing the City Manager to execute the necessary documents; and, C. Authorizing the Finance Officer to make necessary budget adjustments. 24-749 approved Pass
  42. J.12. SUBJECT: Approval to Reject all Bids Received for Project No. CP170054 Cherokee Avenue Culvert Replacement REPORT IN BRIEF Considers rejecting all bids received to repair the culvert crossing under Cherokee Avenue at Black Rascal Creek and construction of a raised crosswalk across Cherokee Avenue for the multiuse path along Black Rascal Creek. RECOMMENDATION City Council - Adopt a motion: A. Rejecting all bids received for Project No. CP170054 Cherokee Avenue Culvert Replacement due to inadequate funding and; B. Directing staff to re-evaluate project design and re-bid the project. 24-747 approved Pass
  43. J.13. SUBJECT: Administering Agency Amendment Modification Summary (E-76) for a Congestion Mitigation and Air Quality Improvement (CMAQ) Grant CML-5085(060) for Use of $404,479 in CMAQ Grant Funding for Project No. CP220064 - Parkwest and McGregor Sidewalk Improvements REPORT IN BRIEF Considers accepting $404,479 in Federal CMAQ Grant funding for construction of sidewalks and ADA ramps on McGregor Street, Windsor Avenue, Home Avenue, Woodward Avenue, and Parkwest Avenue. RECOMMENDATION City Council - Adopt a motion: A. Accepting CMAQ grant funds and increasing revenue in Fund 5005-Street and Signal CIP in the amount of $404,479 and appropriating the same to Project No. CP220064-CMAQ Parkwest and McGregor sidewalk improvements located on McGregor Street, Windsor Avenue, Home Avenue, Woodward Avenue, and Parkwest Avenue; and, B. Approving the use of pooled cash until reimbursement is received from the grant; and, C. Authorizing the City Manager to execute the necessary documents; and, D. Authorizing the Finance Officer to make any necessary budget adjustments. 24-761 approved Pass
  44. J.14. SUBJECT: Selection of Eligible Roadway and Safety Projects and Adoption of a Resolution Authorizing the City Manager to File the Regional Surface Transportation Program (RSTP) Exchange Fund Claim in the Amount of $1,268,872 for Fiscal Year 2023-2024 REPORT IN BRIEF Considers selecting the Right Turn Channelization on Highway 59 at 16th Street (CP140049), New Traffic Signal on Highway 59 at 16th Street (CP140052), Canal Street Watermain (CP210055), Santa Fe Strip Park Sidewalk (CP220021), R Street from Northwood Drive to Olive Avenue (CP220050), and Main Street Directional (CP230014) as Eligible Projects and authorizes staff to complete the Regional Surface Transportation Program (RSTP) Claim Form in the total amount of $1,268,872 for submittal to Merced County Association of Governments (MCAG). RECOMMENDATION City Council - Adopt a motion: A. Selecting Right Turn Channelization on Highway 59 at 16th Street (CP140049), New Traffic Signal on Highway 59 at 16th Street (CP140052), Canal Street Watermain (CP210055), Santa Fe Strip Park Sidewalk (CP220021), R Street from Northwood Drive to Olive Avenue (CP220050), and Main Street Directional (CP230014) Projects as the Eligible Projects; and, B. Directing Staff to complete the 2023-2024 RSTP Claim Form by listing the selected projects and corresponding project costs; and, C. Adopting Resolution 2024-82, a Resolution of the City Council of the City of Merced, California, authorizing the City Manager to file the Regional Surface Transportation Program (RSTP) Exchange Funds claim for fiscal year 2023-2024; and, D. Authorizing the Finance Officer to make necessary budget adjustments for Fiscal Years 2023-2024 and 2024-2025 E. Authorizing the City Manager to execute the necessary documents. 24-620 approved Pass
  45. J.15. SUBJECT: Approval of Additional Contingency in the Amount of $36,300 for Additional Work Which is Reflected in Change Orders 1 and 2 with New Century Construction & Consulting Inc., for the Ada Givens Pool Restroom Rehabilitation Project Number CP220011 to Close out the Project REPORT IN BRIEF Considers approving an increase to the contingency in the amount of $36,300 for Project No. CP220011 - Ada Givens Pool Restroom Rehabilitation. This will be the final increase to close out the project. RECOMMENDATION City Council - Adopt a motion: A. Approving the Final Change Orders 1 and 2 with New Century Construction & Consulting Inc., with an increase in contingency of $36,300 for a total contingency amount of $43,300, which is approximately 18.6% of the original contract amount; and, B. Authorizing the City Manager to execute the necessary documents; and, C. Authorizing the Finance Officer to make necessary budget adjustments. 24-707 approved Pass
  46. J.16. SUBJECT: Approval of Two Agreements for Professional Services with Provost and Pritchard Engineering Group, Inc., for the PCE (Tetrachloroethylene) Groundwater Project No. CP250057 in an Amount of $240,000 and a PCE Reporting in an Amount of $38,000 REPORT IN BRIEF Considers approving two separate Professional Services Agreements for environmental remediation services and required monitoring reports for the PCE (Tetrachloroethylene) Groundwater Project in an amount of $278,000. RECOMMENDATION City Council - Adopt a motion: A. Approving the Agreement for Professional Services (cleanup contract) with Provost and Pritchard Engineering Group, Inc., in the amount of $240,000 for PCE (Tetrachloroethylene) groundwater cleanup; and, B. Approving the Agreement for Professional Services (reporting contract) with Provost and Pritchard Engineering Group, Inc., in the amount of $38,000 for report drafting; and, C. Authorizing the City Manager to execute necessary documents; and, D. Authorizing the Finance Officer to make necessary budget adjustments. 24-521 approved Pass
  47. K. PUBLIC HEARINGS ▶ jump to 56:32
  48. 47 Members of the public who wish to speak on public hearings listed on the agenda will be heard when the Public Hearing is opened, except on Public Hearing items previously heard and closed to public comment. After the public has commented, the item is closed to further public comment and brought to the Council for discussion and action. Further comment will not be received unless requested by the Council.
  49. K.1. SUBJECT: Continued Public Hearing to Receive Public Comment Regarding the U.S. Department of Housing and Urban Development (HUD) 2024 Annual Action Plan; Final Determination and Award of Project Funding Pending HUD Approval and Approval of the Draft 2024 Annual Action Plan; Authorization to Complete and Submit the Final Plan to HUD for Approval; and Authorize City Manager to Execute all Related Documents and Agreements with HUD to Implement the Plan REPORT IN BRIEF Provides opportunity for the Public to comment on available funds, project funding, and other topics relating to the 2024 Annual Action Plan; Requests Council’s final determination and award of 2024 project funding and approval of the Draft 2024 Annual Action Plan, to enable final completion and submittal of the 2024 Annual Action Plan to HUD before the HUD deadline; and Authorizes the City Manager to execute all related agreements and documents and the Finance Officer to perform necessary appropriations of HUD funds. RECOMMENDATION City Council - A. Re-open, conduct, and close the Public Hearing, to receive public comment regarding the use of available CDBG and HOME funding and other related areas of interest regarding the 2024 Annual Action Plan; and, City Council - Adopt a motion: B. Adopting Resolution 2024-83, A Resolution of the City Council of the City of Merced, California, Approving the 2024 HUD Annual Action Plan and Certifying Compliance with the Requirements of the Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Programs; and, C. Allocating CDBG and HOME funding to proposed subrecipient projects as originally presented at the June 3, 2024, public hearing, and including the public service funding direction received by Council, and including minor changes to funding amounts as listed in this Administrative Report, contingent upon HUD’s final approval and provided all National Objectives and other related HUD requirements, including environmental clearances, are met for each project, to enable final completion of the Annual Action Plan and its submittal to HUD before the regulatory deadline; and, D. Authorizing staff to finalize and complete all sections of the plan and work with HUD for final submission, minor changes, and approval of the plan and all activities; authorize the City Manager to execute all related documents and certifications, including agreements with HUD; and, authorize the Finance Officer to perform any necessary financial management actions necessary to accept and appropriate funding when received from HUD. 24-691 approved Pass
  50. L. ACTION ITEMS ▶ jump to 106:20
  51. L.1. SUBJECT: Review, Discuss, and Approve Fiscal Year 2024/2025 Community Funding Requests as Recommended by the City Council Budget Subcommittee REPORT IN BRIEF Review, discuss, and approve fiscal year 2024/2025 Community Funding requests as recommended by the City Council Budget Subcommittee. RECOMMENDATION City Council - Adopt a motion: A. Approving the City Council Budget Subcommittee recommendations for fiscal year 2024/2025 Community Funding; and, B. Authorizing the City Manager to execute the necessary documents; and, C. Authorizing the Finance Officer to make the necessary budget adjustments. 24-698 approved Pass ▶ jump to 106:30
  52. L.2. SUBJECT: Request to Authorize the City Manager to Execute Contract Change Order No. 3 with American Paving Co. for the Additional Construction of the Second Phase of Development at Community Park 42 (CP-42), in an Amount not to Exceed $1,628,682.12 for Additional Work on Project Number CP220061 - Community Park 42 (CP-42) REPORT IN BRIEF Staff request authorization to waive the competitive bidding requirements for CP-42 for the construction of the second phase of development at CP-42, and request Council approve Contract Change Order No. 3 for additional fencing, field markings, goal posts, trees, Musco field lights, landscaping, and contract quantity adjustments in the amount of $1,628,682.12. RECOMMENDATION City Council - Adopt a motion: A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code Section 3.04.210; and, B. Approving Contract Change Order No. 3 with American Paving Co. in the amount of $1,628,682.12 and adding 35 working days for the change in scope of work; and, C. Authorizing the City Manager to execute the necessary documents; and, D. Authorizing the Finance Officer to make any necessary budget adjustments. 24-745 approved Pass ▶ jump to 121:15
  53. L.3. SUBJECT: Approving a Professional Services Agreement for Municipal Advisor Services with Fieldman, Rolapp & Associates REPORT IN BRIEF Considers approving the Professional Services Agreement with Fieldman, Rolapp & Associates to provide municipal advisory services for Equipment Lease/Purchase and future services. RECOMMENDATION City Council - Adopt a motion: A. Approving the Professional Services Agreement with Fieldman, Rolapp & Associates (FRA) for municipal advisory services; and, B. Authorizing the City Manager to execute the necessary documents; and, C. Approving a supplemental appropriation in the amount of $30,000 from the unencumbered, unreserved balance in Fund 2001-Measure C. 24-743 approved Pass ▶ jump to 127:35
  54. L.4. SUBJECT: Approval of a Supplemental Appropriation in the Amount of $150,000 from the General Fund Unreserved, Unencumbered Fund Balance to Fund the First Amendment to Agreement for Special Services with Liebert Cassidy Whitmore for Labor Contract Negotiations and Employee Related Legal Services REPORT IN BRIEF Considers approving a supplemental appropriation from General Fund Unreserved, unencumbered Fund Balance in the amount of $150,000 to fund the law firm of Liebert Cassidy Whitmore’s continued representation of the City of Merced in matters related to labor contract negotiations and employee related legal services and authorize the City Manager to execute a First Amendment to Special Services Agreement with Liebert Cassidy Whitmore. RECOMMENDATION City Council - Adopt a motion: A. Approving the supplemental appropriation from General Fund unreserved, unencumbered fund balance in the amount of $150,000 in the City Attorney Division, to fund ongoing legal expenses related to labor contract negotiations and employee related legal services; and, B. Approving a First Amendment to an Agreement for Special Services with Liebert Cassidy Whitmore in an amount not to exceed $150,000; and, C. Authorizing the City Manager to execute the necessary documents; and, D. Authorizing the Finance Officer to make necessary budget adjustments. 24-753 approved Pass ▶ jump to 138:45
  55. M. REPORTS ▶ jump to 146:49
  56. M.1. SUBJECT: Presentation from the City of Merced Fire Department on Fireworks REPORT IN BRIEF Merced Fire Department and Merced Police Department worked together to enforce the City of Merced Ordinance on fireworks. Chief Wilson will make a brief presentation on the public inputs and enforcement results. The presentation will include a summary of response activity for the 4th of July. 24-728
  57. N. BUSINESS ▶ jump to 164:44
  58. N.1. SUBJECT: Remaining Tourism Based Improvement District Tasks and Schedule REPORT IN BRIEF Staff is presenting the tasks remaining and targeted completion dates to establish and form a Tourism Based Improvement District and is requesting direction to proceed from the City Council. RECOMMENDATION City Council - For Council discussion and direction. 24-759 approved Pass ▶ jump to 164:48
  59. N.2. SUBJECT: Appointments to the Regional Airport Authority (1 Seat) REPORT IN BRIEF Accept nominations to fill one vacancy on the Regional Airport Authority. RECOMMENDATION City Council - Adopt a motion accepting a nomination and appointing an individual to serve as a member of the Regional Airport Authority (1 seat); or, 24-765 approved Pass ▶ jump to 169:30
  60. N.3. SUBJECT: Continued Annual Appointments to the Arts and Culture Advisory Commission (District 3 and One Ex-Officio) REPORT IN BRIEF Accept a nomination to fill the Arts and Culture Advisory Commission. RECOMMENDATION City Council - Adopt a motion accepting nominations and appointing individuals to serve as a member of the Arts and Culture Advisory Commission (District 3 and 1 Ex-Officio). 24-754 approved Pass ▶ jump to 170:45
  61. N.4. SUBJECT: Continued Annual Appointments to the Tax Transparency Commission (District 1) REPORT IN BRIEF Accept a nomination to fill the District 1 seat on the Tax Transparency Commission. RECOMMENDATION City Council - Adopt a motion accepting a nomination and appointing an individual to serve as a member of the Tax Transparency Commission (District 1). 24-755 approved Pass ▶ jump to 172:13
  62. N.5. 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. 24-688 ▶ jump to 172:50
  63. N.6. 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. 24-689 ▶ jump to 183:20
  64. O. ADJOURNMENT adjourned Pass