MINUTES OF
SPECIAL JOINT MEETING
June 26, 2024
CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Pro Tem Ford called the meeting to order at 6:01 P.M. and conducted the pledge of allegiance.
ROLL CALL
Council Members: Giles - Marsigli - Mayor Pro Tem Ford
Commissioners: Alexander – Duprel – Vice-Chairperson Lackey – Chairperson Gomes Staff present: City Manager Soknirorn Than, City Attorney Siprelle (virtual), Economic & Community Development Director Jami Westervelt, and Administrative Services Director Melanie Correa
Council member Bonta and Mayor Nagy were absent.
Planning Commissioner Medeiros was absent.
PUBLIC COMMENT
There was no public comment.
ADMINISTRATIVE AGENDA
1. DISCUSSION AND DIRECTION: Draft Merced County Multi-Jurisdictional Housing Element Sixth Cycle Update – Public Comment Review
1. Receive Staff Report and Presentation
2. Receive public comment
3. Receive Planning Commission comment
4. Receive City Council comment
5. Provide staff with direction to submit draft to State for review Economic & Community Development Director Westervelt presented the staff report and introduced Jenna Reese, Brenna Weatherby of Rincon & Associates and Veronica Tam, of Veronica Tam and Associates, who was still travelling to the meeting. Ms.
Weatherby presented the presentation.
Mayor Pro Tem Ford inquired whether the City is allowed to zone non-vacant sites as higher density, to which Ms. Weatherby advised it may be done with the required additional analysis.
Council member Marsigli inquired the consequence if a City does not have capacity for re-zones sites, to which Ms. Weatherby advised in that scenario, the State will examine and make recommendation.
Council member Marsigli inquired if the state has forced an agency to annex land to accommodate rezone mandates, to which Ms. Weatherby answered no.
Council member Marsigli inquired who provides the figures for maximum affordable monthly rent, to which Ms. Weatherby advised it is provided by formula through Merced County Association of Governments.
Council member Marsigli inquired the process if the City rezones a site that is ultimately rejected by the State, to which Ms. Weatherby advised she is unsure about the scenario, and further advised of the process to submit the draft prior to any rezoning.
Council member Giles inquired why anticipated ADU’s are categorized within above moderate income, to which Ms. Weatherby advised the City has no hard data to substantiate these units will be offered at a specific income category. She further advised categorizing them, as above moderate income is the most conservative estimate.
Economic & Community Development Director Westervelt advised going forward the City will work on collecting more data on the housing that is being built to better align estimates in the future.
Council member Giles inquired on the importance of having a buffer unit count per income level, to which Ms. Weatherby advised doing so provides flexibility for the City to accommodate its overall unit numbers.
Council member Marsigli inquired what if through collected data, the City finds a greater number of ADUs than what is listed on this update, to which Ms. Weatherby advised the City would claim credit for those in the following cycle.
Veronica Tam advised only permitted ADUs may be counted.
Council member Marsigli inquired whether the sixteen-unit rezone requirement could be allocated to above moderate, to which Ms. Weatherby advised these are specific to lower income.
Mayor Pro Tem Ford inquired whether a property owner could build a single-family home on a site identified on the City’s inventory that is rezoned to R-3, to which Ms.
Weatherby advised of the challenges with downzoning, and the City’s obligation to accommodate the lost dwelling allocation to another site. City Attorney Siprelle provided information on “taking” and clarified as long as the site remains economically viable to the property owner, rezones through this process would not be considered as “taking”.
Economic & Community Development Director Westervelt clarified the implemented revision of the site inventory exhibits listed in the draft document.
Council member Marsigli inquired on additional credit if site 4 is developed at lowerincome, to which Ms. Weatherby advised the City will receive credit for producing the lower-income units, which lessens the need for more lower-income units on other sites.
Commissioner Duprel inquired the location of site 5, to which Economic & Community Development Director Westervelt advised it is located on Highway 33 west of the Southport Development.
Council member Marsigli inquired if the state has allowed rezoning to commercial, to which Ms. Weatherby advised she could look further into it.
Mayor Pro Tem Ford inquired the size of site 1, to which Economic & Community Development Director Westervelt advised it is approximately six acres.
Commissioner Duprel inquired the size of site 2, to which Economic & Community Development Director Westervelt advised it approximately six acres.
Council member Marsigli inquired more information on analyzing the City’s Conditional Use Permit process, to which Ms. Weatherby advised no change is required, as long as the Conditional Use Permit process is not a constraint to housing development. If a constraint is found, the City will need to implement programs to combat against the constraint as a means to not impede housing development.
Mayor Pro Tem Ford inquired if the allowance of manufactured homes on a permitted foundation is included in this update, to which Ms. Weatherby affirmed.
Veronica Tam further advised clarification on the allowance of manufactured homes, advising on the importance of the unit being permitted.
Ms. Tam provided an overview of the housing programs.
Council member Marsigli inquired which General Plan amendments will need to be done, to which Ms. Reese advised the City would need to update its Land Use Element with the new zoning.
Economic & Community Development Director Westervelt advised staff is also working on the Environmental Justice and Safety Elements and will bring to Council once completed.
Mayor Pro Tem Ford inquired if the City’s Housing Element is approved by the State would the City then wait for regional part, to which Ms. Weatherby advised each jurisdiction has to have a certified Housing Element.
There was no public comment.
There was no planning commissioner comment.
Council member Marsigli voiced her concern with Conditional Use Permits being an over burden against affordable housing development, to which City Manager Than advised if necessary it will be amended through the zone amendment process which will come back before Council for adoption.
Council provided consensus to direct staff to submit the draft to State for review.
ADJOURNMENT
Mayor Pro Tem Ford adjourned the meeting at 7:40 P.M.