CITY OF MERCED
Meeting Agenda
City Council Chamber
Merced Civic Center
2nd Floor
678 W. 18th Street
Merced, CA 95340
City Council/Public Finance and Economic Development
Authority/Parking Authority
City Council Chamber, 2nd Floor, Merced Civic
Center, 678 W. 18th Street, Merced, CA 95340
6:00 PMMonday, April 17, 2023
Closed Session at 5:00 PM/Volunteer of the Year Reception at 5:30/Regular Meeting at 6:00 PM
NOTICE TO PUBLIC/AVISO AL PÚBLICO/CEEB TOOM RAU PEJ XEEM
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
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.
Al menos 72 horas antes de cada reuni ón regular del Concejo Municipal, un paquete de agenda complete está disponible para su revisi ón 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 p úblicos relacionados con un art ículo de sesi ón abierta que se distribuyen a la mayor ía del Concejo estar án disponibles para inspecci ón p ública en la Oficina del Secretario de la Ciudad durante el horario comercial habitual. La traducci ón al espa ñol y al Hmong est á disponible en todas la reuniones regulares.
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.
PUBLIC COMMENT: OBTAIN SPEAKER CARD FROM THE CITY
CLERK/COMENTARIO DEL PÚBLICO / KEV HLOOV RAU TEJ PEJ XEEM TXOG KEV TAWM SUAB, NCAUS LUS:
April 17, 2023City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
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 and should be limited to 300 words or less. Please specify which portion of the agenda you are commenting on, for example, Public Hearing item #, Consent item #, or Oral Communications. Your comments will be mentioned to the City Council at the appropriate time. Any correspondence received after 1 PM will be distributed to the City Council and retained for the official record.
You may provide telephonic comments via voicemail by calling (209) 388-8688 by no later than 1 PM on the day of the meeting to be added to the public comment. Voicemails will be limited to a time limit of one (1) minute. Please specify which portion of the agenda you are commenting on, for example, Public Hearing item #, Consent item #, or Oral Communications. Your comments will be played during the City Council meeting at the appropriate time. For Public Hearing items, if you wish to speak live during the meeting, please leave callback information and you will be contacted with further details.
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 atr ás de la C ámara del Concejo. Envíe la tarjeta completa al secretario de la ciudad antes de que se llame al art ículo, preferiblemente antes de que comience la reunión.
El material puede enviarse por correo electr ónico a cityclerk@cityofmerced .org y debe limitarse a 300 palabras o menos. Por favor, especifique qué parte de la agenda está comentando, por ejemplo, # Articulo de la Audiencia p ública, # art ículo de consentimiento, o Comunicaciones orales. Sus comentarios ser án mencionados al Ayuntamiento en el momento apropiado .
Cualquier correspondencia recibida despu és de la 1 PM se distribuirá al Ayuntamiento y se conservará para el registro oficial.
Puede proporcionar comentarios telef ónicos a trav és del correo de voz llamando al (209) 388-8688 a m ás tardar a la 1 PM del d ía de la reuni ón para que se agreguen al comentario público. Los mensajes de voz estar án limitados a un l ímite de tiempo de un (1) minuto. Por favor especifique qué parte de la agenda está comentando, por ejemplo, n úmero de art ículo de la audiencia p ública, n úmero de art ículo de consentimiento o comunicaciones orales. Sus comentarios se reproducir án durante la reuni ón del Ayuntamiento en el momento adecuado .
Para los temas de audiencia p ública, si desea hablar en vivo durante la reuni ón, deje la información de su llamada y lo contactaremos con más detalles.
Para ver el video (si está disponible) o escuchar la reuni ón del Concejo Municipal en vivo, visite el sitio web de la ciudad www .cityofmerced.org, Facebook Live o Comcast Public Access Canal
April 17, 2023City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
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.
Tej ntaub ntawv thov muab xa rau cityclerk@cityofmerced .org thiab tsis pub muaj tshaj 300 los lus los yog txawg dua. Thov qhia tias qhov twg hauv daim ntawv tswj koj xav tawm suab rau, piv txwv li, kev sab laj kaws, nqes # los sis kev sib tham ntawm ncauj lus. Koj cov tswv yim muab rau lub rooj sib tham thaum lub sij hawm tsim nyog. Tej ntaub ntawm txais tau tom qab 1 teev tav su mam muab rau cov Nom Tswv (City Council) thiab tso hauv cov ntaub ntawv teev tseg.
Koj muaj feem tso suab hauv xov tooj uas yog hu (209) 388-8688 ua ntej 1 teev tav su hnub sib tham thiaj koj lub tswv yim muab tso hauv daim ntawv tswj. Tso suab hauv xov tooj tsis pub ntev tshaj (1) feeb. Thov qhia qhov twg hauv daim tswj tias koj xav tawm suab rau, piv txwv li, zej tsoom tawm suab #, khoom tso cai #, los sis kev sib tham ntawm ncauj lus. Cov suab kaws hauv xov tooj mam tso mloog thaum lub caij tsim nyog rau thaum sib tham. Yog koj xav tawm suab thaum sib tham, thov tso koj tus xov tooj, ib tus tib neeg ua hauj lwm mam li hu koj.
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.
INDIVIDUALS WITH DISABILITIES
Accommodation for individuals with disabilities may be arranged by contacting the City Clerk at (209) 388-8650. Assisted hearing devices are available for meetings held in the Council Chamber.
A. CLOSED SESSION ROLL CALL
B. CLOSED SESSION
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)].
B.1. 23-307 SUBJECT: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Paragraph (1) of Subdivision (d) of Government Code section 54956.9, Name of Cases: Appeal #2 of the Planning Commission’s Approval of Commercial Cannabis Business Permit (CCBP) #22-02R for Retail Cannabis at 1111 Motel Drive by
JIVA MCE, LLC
B.2. 23-344 SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph
April 17, 2023City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
(2) of Subdivision (d) of Government Code Section 54956.9: Two (2) Potential Lawsuits
B.3. 23-334 SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9: Six (6) Potential Cases B.4. 23-331 SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Attorney; Authority: Government Code Section 54957 B.5. 23-332 SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager; Authority: Government Code Section 54957 C. CALL TO ORDER
C.1. Invocation - Joel Dorman, First Baptist Church
C.2. Pledge of Allegiance to the Flag
D. ROLL CALL
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 and the Public Financing and Economic Development Authority. 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 and the Public Financing and Economic Development Authority receive no compensation.
E. REPORT OUT OF CLOSED SESSION
F. CEREMONIAL MATTERS
F.1. 23-322 SUBJECT: City Council Volunteer of the Year Awards
REPORT IN BRIEF
Council Members nominated a volunteer within their district and the Mayor nominated one at-large volunteer to highlight those who have given back to their community.
G. WRITTEN PETITIONS AND COMMUNICATIONS
H. ORAL COMMUNICATIONS
April 17, 2023City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
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.
I. CONSENT CALENDAR
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.
I.1. 23-076 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.
I.2. 23-338 SUBJECT: Information Only - Planning Commission Minutes of March 22, 2023
RECOMMENDATION
For information only.
I.3. 23-256 SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority Meeting Minutes of November 21, 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 November 21, 2022.
I.4. 23-345 SUBJECT: Approval of the Restated Joint Powers Agreement of the
April 17, 2023City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
Merced County Association of Governments (MCAG)
REPORT IN BRIEF
Considers approving the Restated Joint Powers Agreement of the MCAG.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Restated Joint Powers Agreement of the MCAG; and, B. Authorizing the City Manager or Deputy City Manager to execute the agreement.
I.5. 23-347 SUBJECT: Approval of an Agreement with Marderosian & Cohen for an Amount not to Exceed $50,000 and the Approval of a Supplemental Appropriation in the Amount of $50,000 from the Unreserved, Unencumbered Fund Balance of Fund 6000-Wastewater System Operations, and to Support the Completion of a Hydrology Study
REPORT IN BRIEF
Considers approving an agreement with Marderosian & Cohen for the completion of a Hydrology Study in the Amount of $50,000 and the approval of a supplemental appropriation in the amount of $50,000 from the unreserved, unencumbered fund balance of Fund 6000-Wastewater System Operations.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Agreement with Marderosian & Cohen for the completion of a Hydrology Study for an amount not to exceed $50,000; and, B. Approving a Supplemental Appropriation in the amount of $50,000 from the unreserved, unencumbered fund balance of Fund 6000-Wastewater System Operations Storm Drain Division; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments; and,
D. Authorizing the City Manager or Deputy City Manager to execute the necessary documents.
I.6. 23-183
April 17, 2023City Council/Public Finance and
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Authority/Parking Authority
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SUBJECT: Award Bid to AMS.Net for the Purchase of a CCTV Camera System for a Total Cost of $100,444
REPORT IN BRIEF
Considers awarding bid to AMS.Net for the purchase of a CCTV Camera System for a Total cost of $100,444.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the bid to AMS.Net for CCTV Camera Systems for a total cost of $100,444; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents.
I.7. 23-172 SUBJECT: Adoption of a Resolution Setting a Public Meeting for Monday, June 5, 2023, and a Public Hearing for Tuesday, June 20, 2023, Regarding Maintenance Districts Engineer’s Reports and Budgets - Fiscal Year 2023/2024
REPORT IN BRIEF
Considers setting a public meeting for Monday, June 5, 2023, to address the proposed Engineer’s Reports and Budgets and a formal public hearing for Tuesday, June 20, 2023, before a determination is made on the level of assessment to approve.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2023-25, a Resolution of the City Council of the City of Merced, California, approving Engineer’s Reports on Maintenance Districts and setting a public meeting and a public hearing thereon.
I.8. 23-336 SUBJECT: Acceptance and Appropriation of Grant Funding in the Amount of $250 for FY 2022-23 from United States Tennis Association Northern California
REPORT IN BRIEF
Considers accepting and appropriating grant funding in the amount of $250 from USTA for HITS tennis equipment grant.
April 17, 2023City Council/Public Finance and
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Authority/Parking Authority
Meeting Agenda
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting grant funds from USTA NorCal in the amount of $250 and increasing Donations Contribution Revenue in Fund 1018-Parks & Community Service; and,
B. Appropriating the same to Operating Materials, Services and Supplies account in Fund 1018-Parks & Community Service; and,
C. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents.
I.9. 23-002 SUBJECT: Approval of Allocation of U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Resources, and Approval of Associated Subrecipient Agreement with the County of Merced, on Behalf of its Human Services Agency, for the Respective Program Approved in Support of the Continuum of Care with the Adopted 2022 Annual Action Plan
REPORT IN BRIEF
Considers approving the execution of Community Development Block Grant (CDBG) Subrecipient Agreement with the County of Merced, on behalf of its Human Services Agency, in the amount of $38,000 for the 2022 Continuum of Care Collaborative Applicant administrative support program.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the agreement for the program identified in the 2022 Annual Action Plan using Fiscal Year 2022-23 CDBG funds with the County of Merced on behalf of its Human Services Agency, in the amount of $38,000 for the “City and County Continuum of Care 2022-23 Collaborative Applicant” Program; and,
B. Authorizing the City Manager or the Deputy City Manager to execute, and if necessary, direct staff to make minor modifications to the agreement as described above and as attached, and all associated documents and exhibits; and,
C. Authorizing the Finance Officer to make the necessary budget adjustments.
April 17, 2023City Council/Public Finance and
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Meeting Agenda
I.10. 23-036 SUBJECT: Approval of the Release of Agreements Affecting the Property Approved for the Future Construction of the Devonwood Village Apartments as Requested by the Property Owner, Devonwood 64, LP., Generally Located on the South Side of Devonwood Drive, Between Loughborough Drive and Austin Avenue
REPORT IN BRIEF
The property owner, Devonwood 64, LP is seeking the release of five agreements to allow the site to be sold to a developer of the approved apartment complex. The five agreements include four Developer Agreements and one Subdivision Agreement. The City Council’s action would also include authorizing the City Manager or Deputy City Manager to execute the necessary documents to release the agreements.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the release of three agreements between the City of Merced and the Bianchi Land Company dated September 25, 1992, August 8, 1994, and July 21, 1999, and the release of a Developer Agreement between the City of Merced and PPC Highland Park, LLC dated November 6, 2006, and a Subdivision Agreement between the City of Merced and PPC Highland Park, LLC dated February 20, 2007; and, B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents.
I.11. 23-209 SUBJECT: Adoption of a Resolution of Intent Regarding Annexation No. 24 into Community Facilities District (CFD) No. 2003-2 (Services), Approving a Deposit and Reimbursement Agreement for Annexation No. 24, and Setting a Public Hearing for June 5, 2023, Annexation No. 24 Consists of Approximately 38 Acres of Land Generally Located at the Northwest Corner of G Street and Farmland Avenue
REPORT IN BRIEF
Requests the City Council to adopt a Resolution of Intent to annex approximately 38 acres of land generally located at the northwest corner of G street and Farmland Avenue (CFD Annexation No. 24) into the City’s CFD for Services (CFD 2003-2), including the approval of a Deposit and Reimbursement Agreement for the annexation; accept the petition, consent, and waiver for Annexation No. 24; and set a public hearing and election for June 5, 2023.
April 17, 2023City Council/Public Finance and
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Authority/Parking Authority
Meeting Agenda
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2023-26, a Resolution of Intention of the City Council of the City of Merced, acting as the Legislative Body of the City of Merced Community Facilities District No. 2003-2 (Services), declaring its intention to annex area to said district and authorize the levy of a special tax within said annexation and approving a certain agreement related thereto; and,
B. Setting the Public Hearing for June 5, 2023; and,
C. Accepting the Petition, Consent and Waiver from Hostetler Investments, LLC for Annexation No. 24; and,
D. Accepting the deposit amount of $25,000 in Fund 150, increasing the revenue and appropriating the same to cover the cost of Community Facilities District formation and related expenditures for Annexation No. 24; and,
E. Authorizing the City Manager or Deputy City Manager to execute the Deposit and Reimbursement Agreement.
I.12. 23-288 SUBJECT: Approval of a Memorandum of Understanding (MOU) Between the City of Merced and the Merced County Office of Education (MCOE) to Accept $650,000 to Install a Futsal Court at Community Park 42 Regional Sports Facility and Award Bid to American Paving Co. for the Community Park 42, Project Number CP220061, in the Amount of $5,800,580.70
REPORT IN BRIEF
Considers approving of a Memorandum of Understanding (MOU) between the City of Merced and the Merced County Office of Education (MCOE) to accept $650,000 for the installation of a futsal court at Community Park 42 Regional Sports Facility and awarding a construction contract to American Paving Co. in the amount of $5,800,580.70 for the Community Park 42 Regional Sports Facility project.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Memorandum of Understanding between the City of
April 17, 2023City Council/Public Finance and
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Meeting Agenda
Merced and Merced County Office of Education to install a futsal court at Community Park 42 Regional Sports Facility; and,
B. Authorizing the City Manager or the Deputy City Manager to execute the MOU; and,
C. Accepting revenue from MCOE of $650,000 in Fund 5001-Park Reserve and appropriating the same to project CP220061; and, D. Awarding the Community Park 42, Project No. CP220061 to American Paving Co., in the amount of $5,800,580.70; and, E. Authorizing the City Manager or Deputy City Manager to execute the necessary construction contract and to approve change orders not to exceed 10% of the total contract; and,
F. Authorizing the Finance Officer to make necessary budget adjustments.
I.13. 23-304 SUBJECT: Award Bid to Mid Cal Pipeline & Utilities, Inc. for the Orchard Lane Sewer Relocation, Project Number CP190025, in the Amount of $876,235
REPORT IN BRIEF
Considers awarding a construction contract to Mid Cal Pipeline & Utilities, Inc. in the amount of $876,235 for the Orchard Lane Sewer Relocation Project.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the Orchard Lane Sewer Relocation Project, Project No.
CP190025 to Mid Cal Pipeline & Utilities, Inc., in the amount of $876,235; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents and to approve change orders not to exceed 10% of the total contract; and,
C. Authorizing the Finance Officer authorization to make necessary budget adjustments.
I.14. 23-346 SUBJECT: Lease Agreement with Williams Scotsman, Inc. to Provide a Temporary Portable Building for the Stephen Leonard Park Building
April 17, 2023City Council/Public Finance and
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Rehabilitation Structural Repairs, Project Number CP230052, in the Amount of $87,236.68, Increasing Revenue in the Amount of $108,237, and Appropriating the Same
REPORT IN BRIEF
Considers approving a Lease Agreement with Williams Scotsman, Inc., for a temporary portable building at Stephen Leonard Park to provide office space for the current tenant or any future tenant while the Stephen Leonard Building is being repaired, increasing revenue in the amount of $108,237, and appropriating the same.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Lease Agreement with Williams Scotsman, Inc. in the amount of $87,236.68 to provide a temporary portal building at Stephen Leonard Park for the Stephen Leonard Park Building Rehabilitation Structural Repairs; and,
B. Approving an increase to cost recovery revenue in Fund 5000-Parks and Community Services in the amount of $108,237, appropriating the same in Fund 5000-Parks and Community Services CIP Project Number CP230052-Stephen Leonard Building Repairs and allowing the use of pooled cash until reimbursement is received from the insurance company; and,
C. Authorizing the City Manager or Deputy City Manager to execute the necessary documents; and,
D. Authorizing the Finance Officer to make necessary budget adjustments for the for the Lease Agreement, building hook-up costs, and essentials.
I.15. 23-324 SUBJECT: Second Reading and Final Adoption of an Ordinance to Approve Adding Chapter 9.75, “Displaced Tenant Protections,” to the City of Merced Municipal Code and Introduction of an Ordinance Adding Chapter 9.75, “Displaced Tenant Protections,” to the City of Merced Municipal Code
REPORT IN BRIEF
Second reading and final adoption of an Ordinance to approve adding Chapter 9.75 to the City of Merced Municipal Code and introducing a regular ordinance adding Chapter 9.75 to the City of Merced Municipal Code.
April 17, 2023City Council/Public Finance and
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Meeting Agenda
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance No. 2548, an Ordinance of the City Council of the City of Merced, California, adding Chapter 9.75, “Displaced Tenant Protections,” to the Merced Municipal Code.
J. PUBLIC HEARINGS
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.
J.1. 23-337 SUBJECT: Appeal of the Planning Commission’s Approval of Commercial Cannabis Business Permit (CCBP) #22-02R for Retail Cannabis at 1111 Motel Drive by JIVA MCE, LLC (“Jiva Life”)
REPORT IN BRIEF
JIVA MCE, LLC (“Jiva Life”) has appealed the Planning Commission’s approval of Commercial Cannabis Business Permit #22-02R (Culture Merced Dispensary) for a retail cannabis facility at 1111 Motel Drive.
RECOMMENDATION
City Council - Adopt a motion:
A. Granting or denying the appeal of JIVA MCE, LLC (“Jiva Life”); and, B. Providing direction to staff regarding findings to grant or deny appeal, with or without prejudice.
K. REPORTS
K.1. 23-293 SUBJECT: Further Discussion, Additional Information, and Project Alternatives Regarding Community Development Block Grant Project Funding for the U.S. Department of Housing and Urban Development (HUD) 2023 Annual Action Plan
REPORT IN BRIEF
Provides additional project information and alternative options for Council consideration regarding 2023 Annual Action Plan project funding proposals, following Council direction received at the Public Hearing on
April 17, 2023City Council/Public Finance and
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March 20, 2023.
RECOMMENDATION
City Council -
A. Discuss and provide additional direction and/or comments to staff regarding the 2023 revised preliminary project funding for inclusion into the 2023 Annual Action Plan; and,
B. Though not a Public Hearing, provide an opportunity for the public to comment on project funding options.
L. BUSINESS
L.1. 23-325 SUBJECT: Council Member Ornelas’ Request to Reconsider the Housing Trust Fund and Any Subsequent Funding Allocation
REPORT IN BRIEF
Council Member Ornelas’ request to reconsider the Housing Trust Fund and any subsequent funding allocation.
RECOMMENDATION
Provide direction to staff on next steps.
L.2. 23-086 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.
L.3. 23-198 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.
M. ADJOURNMENT