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

July 1, 2024 ·6:00 PM Final

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

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 59 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. 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. Any correspondence received after 1 PM 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. 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.
  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. 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; Employee Organizations: Merced Police Officers’ Association (MPOA) and Merced Association of Police Sergeants (MAPS). AUTHORITY: Government Code Section 54957.6 24-639
  12. B.2. SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representative(s): 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: American Federation of State, County, and Municipal Employees (AFSCME) Council 57 and Merced Association of City Employees (MACE). AUTHORITY: Government Code Section 54957.6 24-640
  13. B.3. 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 24-641
  14. B.4. 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: International Association of Fire Fighters, Local 1479. AUTHORITY: Government Code Section 54957.6 24-642
  15. C. CALL TO ORDER
  16. C.1. Invocation - Debbie Croft, Alpha Pregnancy Health Center
  17. C.2. Pledge of Allegiance to the Flag
  18. D. ROLL CALL ▶ jump to 2:20
  19. 18 Approval of the Consent Agenda approved the Consent Agenda Pass
  20. 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.
  21. E. REPORT OUT OF CLOSED SESSION ▶ jump to 4:15
  22. F. CEREMONIAL MATTERS ▶ jump to 4:20
  23. F.1. SUBJECT: Recognition to Merced Sunrise Rotary for “The Wall That Heals” Event REPORT IN BRIEF Accepted by the Merced Sunrise Rotary Club. 24-656
  24. G. WRITTEN PETITIONS AND COMMUNICATIONS ▶ jump to 10:20
  25. H. ORAL COMMUNICATIONS ▶ jump to 10:38
  26. 25 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 5 minutes. The Mayor may, at his discretion, reduce the time to 3 minutes if there are more than 3 speakers, 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.
  27. I. CONSENT CALENDAR ▶ jump to 26:00
  28. 27 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.
  29. I.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. 24-577 approved Pass
  30. I.2. SUBJECT: Information Only Contracts for the Month of June 2024 REPORT IN BRIEF Notification of awarded Non-Public Works contracts under $37,000 and of Public Works contracts under $84,338. 24-662 approved Pass
  31. I.3. SUBJECT: Adoption of Resolution Repealing Resolution 2018-78, to Re-adopt a Values Statements, and Update the Ethics and Code of Conduct for City Meetings, Adopting Rules of Order and Procedure for the Conduct of City Meetings REPORT IN BRIEF Considers adopting Resolution 2024-65 to repeal Resolution 2018-78 and to Readopt a Values Statements and Update the Ethics and Code of Conduct for City Meetings, Adopting Rules of Order and Procedure for the Conduct of City Meetings. RECOMMENDATION City Council - Adopt a motion adopting Resolution 2024-65, A Resolution of the City Council of the City of Merced, California, Repealing Resolution No. 2018-78 to Re-Adopt a Values Statement, and Update the Ethics and Code of Conduct for City Meetings, and Adopting Rules of Order and Procedure for the Conduct of City Meetings. 24-654 approved Pass ▶ jump to 29:17
  32. I.4. SUBJECT: Approval of First Amendment to Service Agreement with ABS Direct, Inc for Printing and Mailing Services Through December 31, 2025 REPORT IN BRIEF Considers approving an extension of the current agreement with ABS Direct, Inc through December 31, 2025, to align with the completion of Tyler Technologies conversion and implementation of all modules. RECOMMENDATION City Council - Adopt a motion: A. Approving First Amendment to Service Agreement with ABS Direct, Inc; and, B. Authorizing the City Manager to execute all necessary documents. 24-637 approved Pass
  33. I.5. SUBJECT: Approval of a Service Agreement with Merced County to Administer the Youth Jobs Program Using American Rescue Plan Act Funding in the Amount of $1,175,000 From July 1, 2024, to December 30, 2025 REPORT IN BRIEF Considers approving a Service Agreement with Merced County to administer the Youth Jobs Program Using American Rescue Plan Act Funding in the Amount of $1,175,000 from July 1, 2024, to December 30, 2025. RECOMMENDATION City Council - Adopt a motion: A. Approving the Service Agreement with Merced County to administer the Youth Jobs Program in the amount of $1,175,000 from July 1, 2024, to December 30, 2025; and, B. Authorizing the City Manager to execute the necessary documents; and, C. Authorizing the Finance Officer to make the necessary budget adjustments. 24-612 approved Pass
  34. I.6. SUBJECT: Approval to Waive the Competitive Bidding Requirements and Approve the Purchase of Parts, Equipment, and Supplies as Necessary for Public Works Maintenance and Operations Through June 30, 2025 REPORT IN BRIEF Considers approving to waive the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 and approving the purchase of various parts, equipment, and supplies for Public Works maintenance and operations for Fiscal Year 2024/2025. RECOMMENDATION City Council - Adopt a motion: A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code Section 3.4.210 for annual supplies and services; and, B. Approving the purchase up to $90,000 with All-Phase Electric Supply through June 30, 2025; and, C. Approving the purchase up to $75,000 with AZCO Supply, Inc., through June 30, 2025; and, D. Approving the purchase up to $300,000 with Badger Meter through June 30, 2025; and, E. Approving the purchase up to $115,000 with Brisco Enterprises through June 30, 2025; and, F. Approving the purchase up to $100,000 with Central Valley Trucking through June 30, 2025; and, G. Approving the purchase up to $90,000 with C&R Royal SVC, Inc. (NAPA Auto Parts) through June 30, 2025; and, H. Approving the purchase up to $60,000 with Evantec Supply through June 30, 2025; and, I. Approving the purchase up to $60,000 with Ennis-Flint through June 30, 2025; and, J. Approving the purchase up to $100,000 with Ewing Irrigation through June 30, 2025; and, K. Approving the purchase up to $100,000 with Ferguson through June 30, 2025; and, L. Approving the purchase up to $60,000 with Fisher Scientific through June 30, 2025; and, M. Approving the purchase up to $75,000 with Flottweg Separation Technology through June 30, 2025; and, N. Approving the purchase up to $150,000 with Golden State Emergency Vehicle through June 30, 2025; and, O. Approving the purchase up to $125,000 with GP Norton through June 30, 2025; and, P. Approving the purchase up to $50,000 with Grainger through June 30, 2025; and, Q. Approving the purchase up to $150,000 with Hach Company through June 30, 2025; and, R. Approving the purchase up to $70,000 with Holt of California through June 30, 2025; and, S. Approving the purchase up to $115,000 with Horizon Distributors through June 30, 2025; and, T. Approving the purchase up to $75,000 with International Coatings through June 30, 2025; and, U. Approving the purchase up to $160,000 with Interstate Truck Center through June 30, 2025; and, V. Approving the purchase up to $70,000 with Jorgensen & Sons, Inc., through June 30, 2025; and, W. Approving the purchase up to $200,000 with Jam Services through June 30, 2025; and, X. Approving the purchase up to $150,000 with Kellogg’s Supply through June 30, 2025; and, Y. Approving the purchase up to $100,000 with Martin Marietta Materials through June 30, 2025; and, Z. Approving the purchase up to $75,000 with McCain Traffic Supply through June 30, 2025; and, AA. Approving the purchase up to $110,000 with Mclaughlin Waste Equipment through June 30, 2025; and, AB. Approving the purchase up to $150,000 with Merced Truck and Trailer through June 30, 2025; and, AC. Approving the purchase up to $150,000 with Modesto Industrial Electrical Company through June 30, 2025; and, AD. Approving the purchase up to $60,000 with Municipal Maintenance Equipment through June 30, 2025; and, AE. Approving purchases up to $100,000 with Nick’s Auto Electric dba Carquest of Merced through June 30, 2025; and, AF. Approving purchases up to $70,000 with Nutrien Ag Solutions through June 30, 2025; and, AG. Approving purchases up to $60,000 with O’Reilly Auto Parts through June 30, 2025; and, AH. Approving the purchase up to $115,000 with Platt Electric Supply through June 30, 2025; and, AI. Approving the purchase up to $120,000 with PrivITation Consulting Corp through June 30, 2025; and, AJ. Approving the purchase up to $125,000 with Razzari Dodge through June 30, 2025; and, AK. Approving the purchase up to $55,000 with Razzari Ford through June 30, 2025; and, AL. Approving the purchase up to $100,000 with Ron Smith Buick through June 30, 2025; and, AM. Approving the purchase up to $125,000 with Ruckstell CA Sales through June 30, 2025; and, AN. Approving purchases up to $200,000 with Schoettler Tire through June 30, 2025; and, AO. Approving purchases up to $300,000 with Southern Tire Mart through June 30, 2025; and, AP. Approving the purchase up to $110,000 with Stockton Tri through June 30, 2025; and, AQ. Approving the purchase up to $100,000 with Target Specialty Products through June 30, 2025; and, AR. Approving the purchase up to $85,000 with Tesco through June 30, 2025; and, AS. Approving the purchase up to $300,000 with Trojan Technologies Group through June 30, 2025; and, AT. Approving the purchase up to $115,000 with USA Bluebook through June 30, 2025; and, AU. Approving the purchase up to $75,000 with West Coast Materials, LLC, through June 30, 2025; and, AV. Approving the purchase up to $85,000 with Wilbur-Ellis Company through June 30, 2025; and, AW. Approving the purchase up to $60,000 with Willie Electric Supply Co through June 30, 2025; and, AX. Approving the purchase up to $60,000 with YSI, Inc., through June 30, 2025; and, AY. Authorizing the Finance Officer to make the necessary budget adjustments and authorizing the City buyer to issue the purchase orders; and, AZ. Authorizing the City Buyer to issue the Purchase Orders. 24-506 approved Pass ▶ jump to 60:36
  35. I.7. SUBJECT: Approval of First Amendment to the Agreement for Professional Services with Provost & Pritchard Consulting Group for Environmental Consulting Services to the City of Merced as the Successor Agency REPORT IN BRIEF Considers approving the First Amendment to the Agreement for Professional Services with Provost & Pritchard Consulting Group, extending the contract term to June 30, 2025. RECOMMENDATION City Council - Adopt a motion: A. Approving the First Amendment to Agreement for Professional Services with Provost & Pritchard, extending the contract term to align with the completion of the R Street Remediation Project; and, B. Authorizing the City Manager or designee to execute the agreements and any necessary documents. 24-623 approved Pass
  36. I.8. SUBJECT: Adoption of a Resolution Approving Street Name Change #24-01 for Stonefield Home, Inc., and Baxter Ranches, LLC, to Rename Catherine A. Hostetler Boulevard to Jema Way, from Bellevue Road to M Street REPORT IN BRIEF Considers adopting a Resolution for the Street Name Change #24-01 to rename Catherine A. Hostetler Boulevard to Jema Way, from Bellevue Road M Street. RECOMMENDATION A. Approving a Categorical Exemption for Environmental Review #24-19; and, B. Adopting Resolution 2024-72, a Resolution of the City Council of the City of Merced, California, Renaming Catherine A. Hostetler Boulevard between Bellevue Road and M Street as Jema Way. 24-571 approved Pass ▶ jump to 65:53
  37. I.9. SUBJECT: Award Bid to Thunderbird Maintenance, Inc. for Graffiti Abatement for a Period of Three Years, in the Amount of $752,892.66 with the Option to Renew for Two Additional One-Year Periods, for the Cumulative Total Amount of $1,319,653.38 REPORT IN BRIEF Considers awarding a Services Agreement for graffiti abatement to Thunderbird Maintenance, Inc for a term of three (3) Years, with the option to renew for two additional one-year periods, for the cumulative total amount of $1,331,653.38 for the five-year period. RECOMMENDATION City Council - Adopt a motion: A. Awarding a Services Agreement for the Graffiti Abatement bid to Thunderbird Maintenance, Inc totaling $752,892.66 for the three-year period, with option to renew two (2) one-year terms for a cumulative total not to exceed 1,319,653.38; and, B. Authorizing the City Manager to execute any necessary documents; and, C. Authorizing the Finance Officer to any necessary budget adjustments. 24-653 approved Pass ▶ jump to 66:45
  38. I.10. SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase with Competitively Bid Contract; County of Merced 2021 AMS FOCUS Agreement 2021092 051821 with AMS.net in a not to Exceed Amount of $175,000 in Fiscal Year 2024/2025 REPORT IN BRIEF Considers approving to waive the competitive bid process to allow for the cooperative purchase with competitively bid contract; 2021 AMS FOCUS Agreement 2021092 051821 with AMS.net in a not to exceed amount of $175,000 in Fiscal Year 2024/2025. RECOMMENDATION City Council - Adopt a motion: A. Authorizing the waiver of the competitive bidding requirements as stated in Section 3.04.210 of the Merced Municipal Code due to piggybacking; and, B. Authorizing the use of 2021 AMS FOCUS Agreement 2021092 051821; and, C. Authorizing the City Manager to execute the necessary documents; and, D. Authorizing the Finance Officer to make necessary budget adjustments; and, E. Authorizing the purchase of goods through AMS.net in the amount not to exceed $175,000 for Fiscal Year 2024-25. 24-543 approved Pass
  39. I.11. SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase with Competitively Bid Contracts; State of California Cooperative Agreement 1-22-70-31B, 1-23-70-04C, 1-21-70-04A, 1-22-70-31C, 1-21-70-08B, 1-22-70-31A, 1-19-70-19B-2, and 1-21-70-19C-1 Awarded to Vendors Dell Inc, Ubeo, NWN, Granite Data Solutions, Presidio Networked Solution Group LLC, and PC Specialist, inc DBA Technology Integration Group in a not to Exceed Amount of $400,000 in Fiscal Year 2024/2025 REPORT IN BRIEF Considers approving to waive the competitive bid process to allow for the Cooperative Purchase with Competitively Bid Contracts; State of California Cooperative Agreement 1-22-70-31B, 1-23-70-04C, 1-21-70-04A, 1-22-70-31C, 1-21-70-08B, 1-22-70-31A, 1-19-70-19B-2, and 1-21-70-19C-1 awarded to vendors Dell Inc, Ubeo, NWN, Granite Data Solutions, Presidio Networked Solution Group LLC, and PC Specialist, inc DBA Technology Integration Group in a not to Exceed Amount of $400,000 in Fiscal Year 2024/2025. 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 due to cooperative purchasing; and, B. Approving the use of State of California Cooperative Agreement 1-22-70-31B (PC Goods - Dell Products Chromebooks and Monitors); and, C. Approving the use of State of California Cooperative Agreement 1-23-70-04C (Plotters); and, D. Approving the use of State of California Cooperative Agreement 1-21-70-04A (Printers and Multifunction Devices); and, E. Approving the use of State of California Cooperative Agreement 1-22-70-31C (PC Goods - Dell Laptops); and, F. Approving the use of State of California Cooperative Agreement 1-21-70-08B (Tablets 2-in-1 devices Dell); and, G. Approving the use of State of California Cooperative Agreement 1-22-70-31A (PC Goods - Dell Products Desktops, Thin Desktops, Thin Laptops, Rugged Laptops); and, H. Approving the use of State of California Cooperative Agreement 1-19-70-19B-2 (Data Center Equipment - Cisco); and, I. Approving the use of State of California Cooperative Agreement 1-21-70-19C-1 (Data Center Equipment - Commvault); and, J. Authorizing the City Manager or Deput City Manager to execute the necessary documents; and, K. Authorizing the Finance Officer to make necessary budget adjustments; and, L. Authorizing the City Manager or Deput City Manager to execute the necessary documents for future contract amendments in motion B though I; and, M. Authorizing the purchase of up to $400,000 for goods between vendors Dell Inc, Ubeo, NWN, Granite Data Solutions, Presidio Networked Solution Group LLC, and PC Specialist, inc DBA Technology Integration Group. 24-428 approved Pass
  40. I.12. SUBJECT: Approval to Waive the Competitive Bid Process to Allow for the Cooperative Purchase with Competitively Bid Contracts; State of California Cooperative Agreement 1-22-70-37 (PC Goods - Panasonic Rugged Laptops, State of California Cooperative Agreement 1-22-70-08H (Rugged Tablets/Rugged 2-in-1 Devices, Panasonic, State of California Cooperative Agreement 1-19-70-19H-3 (Enterprise Technology(Data Center Equipment) Hewlett Packard Enterprise (HPE) OEM, Monterey County Office of Education CALSAVE #530067, State of Utah Cooperative Online Marketplace Contract MA3458, Sourcewell Contract #081419, Sourcewell Contract #121923, NASPO ValuePoint Contract with State of Utah Cooperative Contract AR3227, National IPA contracts with Cobb County, GA Contract 23-6692-02 and City of Mesa,AZ Contract 2018011-01, State of California Software Licensing Program Agreement SLP-22-70-0025M Commvault, State of California Software Licensing Program Agreement SLP-23-70-0025R Adobe, State of California Software Licensing Program Agreement SLP-24-70-0025X FreshWorks with CDW-G in a not to Exceed Amount of $500,000 in Fiscal Year 2024/2025 REPORT IN BRIEF Considers approving to waive the competitive bid process to allow for the cooperative purchase with competitively bid contracts; (State of California Cooperative Agreement 1-22-70-37 (PC Goods - Panasonic Rugged Laptops, State of California Cooperative Agreement 1-22-70-08H (Rugged Tablets/Rugged 2-in-1 Devices, Panasonic, State of California Cooperative Agreement 1-19-70-19H-3 (Enterprise Technology(Data Center Equipment) Hewlett Packard Enterprise (HPE) OEM, Monterey County Office of Education CALSAVE #530067, State of Utah Cooperative Online Marketplace Contract MA3458, Sourcewell Contract #081419, Sourcewell Contract #121923, NASPO ValuePoint Contract with State of Utah Cooperative Contract AR3227, National IPA contracts with Cobb County, GA contract 23-6692-02 and City of Mesa,AZ contract 2018011-01, State of California Software Licensing Program Agreement SLP-22-70-0025M Commvault, State of California Software Licensing Program Agreement SLP-23-70-0025R Adobe, State of California Software Licensing Program Agreement SLP-24-70-0025X FreshWorks) with CDW-G in a not to exceed amount of $500,000 in Fiscal Year 2024/2025. 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 due to cooperative purchasing; and, B. Approving the use of State of California Cooperative Agreement 1-22-70-37 (PC Goods - Panasonic Rugged Laptops); and, C. Approving the use of State of California Cooperative Agreement 1-22-70-08H (Rugged Tablets/Rugged 2-in-1 Devices, Panasonic); and, D. Approving the use of State of California Cooperative Agreement 1-19-70-19H-3 (Enterprise Technology(Data Center Equipment) Hewlett Packard Enterprise (HPE) OEM); and, E. Approving the use of Monterey County Office of Education CALSAVE #530067; and, F. Approving the use of State of Utah Cooperative Online Marketplace Contract MA3458; and, G. Approving the use of Sourcewell Contract #081419; and, H. Approving the use of Sourcewell Contract #121923; and, I. Approving the use of NASPO ValuePoint Contract with State of Utah Cooperative Contract AR3227; and, J. Approving the use of the National IPA contracts with Cobb County, GA contract 23-6692-02; and, K. Approving the use of the National IPA contracts with City of Mesa, AZ contract 2018011-01; and, L. Approving the use of State of California Software Licensing Program Agreement SLP-22-70-0025M Commvault; and, M. Approving the use of State of California Software Licensing Program Agreement SLP-23-70-0025R Adobe; and, N. Approving the use of State of California Software Licensing Program Agreement SLP-24-70-0025X FreshWorks; and, O. Authorizing the City Manager or Deput City Manager to execute the necessary documents; and, P. Authorizing the Finance Officer to make necessary budget adjustments; and, Q. Authorizing the City Manager or Deput City Manager to execute the necessary documents for future contract amendments in motion B though N; and, R. Authorizing the purchase of $500,000 of technology solutions with contracts in motion B through O. 24-415 approved Pass
  41. I.13. SUBJECT: Approval for Additional Work Reflected in the Final Change Order #3 of $16,703.66 with Taylor Backhoe Service, Inc. dba TBS Contractors, for the Bel Air Sewer Line, Project Number CP220033 REPORT IN BRIEF Considers approving an increase to the contingency in the amount of $16,703.66 for Project No. CP220033 - Bel Air Sewer Relocation Project, and Approving Change Order #3 with Taylor Backhoe Service, Inc. dba, TBS Contractors. This increase will be the final increase project completion. RECOMMENDATION City Council - Adopt a motion: A. Approving Change Order 3 with Taylor Backhoe Service, Inc. dba, TBS Contractors, with an increase in contingency of $16,703.66 for a total contract contingency amount of $59,943.17, which is approximately 13.86% 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. 24-567 approved Pass
  42. I.14. SUBJECT: Approval of Additional Contingency in the Amount of $4,446.70 for Additional Work Which is Reflected in the Final Change Order with Redstone Construction, Inc., for the (CMAQ) Sidewalks Along S. R Street, S. S Street, S. T Street and Stuart Drive, Project Number CP190069 to Close out the Project REPORT IN BRIEF Considers approving an increase to the contingency in the amount of $4,446.70 for Project No. CP190069 - (CMAQ) Sidewalks Along S. R Street, S. S Street, S. T Street and Stuart Drive. This will be the final increase to close out the project. RECOMMENDATION City Council - Adopt a motion: A. Approving the Final Change Order with Redstone Construction, Inc., with an increase in contingency of $4,446.70 for a total contingency amount of $87,731.70, which is approximately 10.54% 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. 24-602 approved Pass ▶ jump to 58:26
  43. I.15. SUBJECT: Approval of Additional Contingency in the Amount of $13,591.10 for Additional Work Which is Reflected in the Final Change Order with Redstone Construction, Inc., for the (CMAQ) Multi-Use Pathway on Motel Drive, Project Number CP190043 to Close out the Project REPORT IN BRIEF Considers approving an increase to the contingency in the amount of $13,591.10 for Project No. CP190043 - (CMAQ) Multi-Use Pathway on Motel Drive. This will be the final increase to close out the project. RECOMMENDATION City Council - Adopt a motion: A. Approving the Final Change Order with Redstone Construction, Inc., with an increase in contingency of $13,591.10, for a total contingency amount of $112,897.00, which is approximately 11.37% 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. 24-605 approved Pass
  44. I.16. SUBJECT: Approval of Additional Contingency in the Amount of $13,891.81 for Additional Work Which is Reflected in Change Order 2 with Solitude Lake Management LLC, for the Laura Fountain Repair, Project Number CP220069 REPORT IN BRIEF Considers approving an increase to the contingency in the amount of $13,891.81 for Project No. CP220069 - Laura Fountain Repair to execute Change Order 2 with Solitude Lake Management LLC. RECOMMENDATION City Council - Adopt a motion: A. Approving Change Order 2 with Solitude Lake Management LLC, with an increase in contingency of $13,891.81, for a total contract amount of $263,891.81; and, B. Authorizing the City Manager to execute the necessary documents; and, C. Authorizing the Finance Officer to make necessary budget adjustments. 24-629 approved Pass ▶ jump to 69:58
  45. I.17. SUBJECT: Approval of Memorandum of Understanding with Merced Fire Fighters, Local 1479 (Fire) with a Term of July 1, 2024, Through June 30, 2027 REPORT IN BRIEF Considers approving a Memorandum of Understanding with Merced Fire Fighters, Local 1479 (Fire) with a term of July 1, 2024, through June 30, 2027. RECOMMENDATION City Council - Adopt a motion: A. Approving Resolution 2024-75, a Resolution of the City Council of the City of Merced, California, approving a Memorandum of Understanding with the International Fire Fighters Association Local #1479; 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; and, D. Authorizing the Finance Officer to increase the spending authority to THOR, Inc by $20,320 for a not to exceed spending authority from $839,370 to $859,690. 24-591 approved Pass
  46. I.18. SUBJECT: Approval of Memorandum of Understanding with American Federation of State, County and Municipal Employees, District Council 57, Local 2703 (AFSCME) with a Term of July 1, 2024, Through June 30, 2027 REPORT IN BRIEF Considers approving Memorandum of Understanding with American Federation of State, County and Municipal Employees, District Council 57, Local 2703 (AFSCME) with a term of July 1, 2024, through June 30, 2027. RECOMMENDATION City Council - Adopt a motion: A. Approving Resolution 2024-76, a Resolution of the City Council of the City of Merced, California, approving a Memorandum of Understanding with AFSCME, District Council 57 Local 2703; and, B. Authorizing the City Manager to execute the necessary documents; and, C. Authorizing the Finance Officer to make the necessary budget adjustments. 24-600 approved Pass
  47. I.19. SUBJECT: Approval of a Memorandum of Understanding with Merced Association of City Employees (MACE) with a Term of July 1, 2024, Through June 30, 2027 REPORT IN BRIEF Considers approving a Memorandum of Understanding with Merced Association of City Employees (MACE) with a term of July 1, 2024, through June 30, 2027. RECOMMENDATION City Council - Adopt a motion: A. Approving Resolution 2024-77, a Resolution of the City Council of the City of Merced, California, approving Memorandum with the Merced Association of City Employees (MACE); and, B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents; and, C. Authorizing the Finance Officer to make the necessary budget adjustments. 24-599 approved Pass
  48. I.20. SUBJECT: Approval of a Resolution to Establish a New Employer-Employee Relations Policy REPORT IN BRIEF Considers approving a Resolution to establish a new Employer-Employee Relations Policy. RECOMMENDATION City Council - Adopt a motion approving Resolution 2024-73, a Resolution of the City Council of the City of Merced, California, Rescinding Resolution 80-106 and Establishing Employer-Employee Organization Relations within the City of Merced (Excluding Local 1479). 24-646 approved Pass
  49. I.21. SUBJECT: Second Reading and Final Adoption of an Ordinance Approving Zone Change #434 to Allow the Establishment of Planned Development (P-D) #81 Changing the Land Use Designation From Low Medium Density Residential (R-2) to “Self-Storage” for an Approximately 3.50-Acre Parcel Generally Located on the South Side of Olive Avenue, Approximately 500 Feet West of Oleander Avenue REPORT IN BRIEF Second reading and final adoption of an Ordinance approving Zone Change #434 to allow the Establishment of Planned Development (P-D) #81 changing the land use designation from Low Medium Density Residential (R-2) to “Self-Storage” for an approximately 3.50-acre parcel generally located on the south side of Olive Avenue, approximately 500 feet west of Oleander Avenue. RECOMMENDATION City Council - Adopt a motion adopting Ordinance 2564, An Ordinance of the City Council of the City of Merced, California, approving Zone Change #434 to allow the Establishment of Planned Development (P-D) #81 changing the land use designation from Low Medium Density Residential (R-2) to “Self-Storage” for an approximately 3.50-acre parcel generally located on the south side of Olive Avenue, approximately 500 feet west of Oleander Avenue. 24-645 approved Pass ▶ jump to 77:44
  50. I.22. SUBJECT: Second Reading and Final Adoption of an Ordinance Amending Section 10.28.380 “Stop Intersections Designated” of the Merced Municipal Code REPORT IN BRIEF Second reading and final adoption of an Ordinance amending section 10.28.380 “Stop Intersections Designated” of the Merced Municipal Code. RECOMMENDATION City Council - Adopt a motion adopting Ordinance 2565, an Ordinance of the City Council of the City of Merced, California, Amending Section 10.28.380 “Stop Intersections Designated”, of the Merced Municipal Code. 24-644 approved Pass
  51. J. PUBLIC HEARINGS ▶ jump to 82:47
  52. 51 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.
  53. J.1. SUBJECT: Introduction and Waiving of First Reading of Ordinance Adopting Police Department's Military Equipment Policy REPORT IN BRIEF Effective January 1, 2022, Assembly Bill (AB) 481 requires law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy by ordinance prior to taking certain actions relating to the funding, acquisition, or use of military equipment. RECOMMENDATION City Council - Introduce and waive first reading: A. Hold public hearing on Ordinance Adopting Police Department's Military Equipment Policy; and, B. Introducing and Waiving of First Reading of Ordinance 2566, an Ordinance of the City Council of the City of Merced, California, Adopting a Military Equipment Use Police, Otherwise Referred to Herein as a Specialized Police Equipment Use Policy, Pursuant to Assembly Bill 481 and Government Code Sections 7070, Et Seq.; and, C. Authorizing all actions necessary to implement the Police Department's Military Equipment Policy Ordinance. 24-490 approved Pass
  54. K. BUSINESS ▶ jump to 105:37
  55. K.1. SUBJECT: Mayor Serratto’s Request to Discuss Potential Placement of a Transient Occupant Tax Ballot Measure in the November Election REPORT IN BRIEF Mayor Serratto’s request to discuss potential placement of a Transient Occupant Tax ballot measure in the November election. RECOMMENDATION Provide direction to staff on the next steps. 24-655 approved Pass ▶ jump to 105:40
  56. K.2. SUBJECT: Mayor Serratto and Council Member Smith’s Request for Rahilly Park Discussion REPORT IN BRIEF Mayor Serratto and Council Member Smith’s request for Rahilly Park discussion. RECOMMENDATION Provide direction to staff on the next steps. 24-630 approved Pass ▶ jump to 136:51
  57. K.3. 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. 24-578 ▶ jump to 159:58
  58. K.4. 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. 24-579 ▶ jump to 161:00
  59. L. ADJOURNMENT adjourned Pass