City Council Chamber
Merced Civic Center
2nd Floor
678 W. 18th Street
Merced, CA 95340
CITY OF MERCED
Minutes
City Council/Public Finance and
Economic Development
Authority/Parking Authority
6:00 PMMonday, December 19, 2022
A. CLOSED SESSION ROLL CALL
Mayor Matthew Serratto, Council Member Jesse Ornelas, Council Member Sarah Boyle, Council Member Ronnie DeAnda, Council Member Shane Smith, and Council Member Fue Xiong
Present: 6 -
Mayor Pro Tempore Bertha PerezAbsent: 1 -
B. CLOSED SESSION
Mayor SERRATTO called the Closed Session to order at 5:01 PM.
B.1. SUBJECT: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION Pursuant to Paragraph (1) of Subdivision (d) of Government Code section 54956.9, Name of Case: City of Merced v. PG&E B.2. SUBJECT: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9: One (1) Potential Lawsuit
B.3. SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Properties: APN #’s 049-200-005, 049-200-020, 049-200-022, 049-200-019, 049-200-023, 049-200-017, 049-200-021, 049-200-024, 049-200-025, 049-220-018, 049-220-019, 049-220-016, 049-220-020, 049-220-015, 065-030-004, 049-240-016, 049-240-017; Agency Negotiator: Stephanie Dietz, City Manager; Negotiating Parties: Robert C. Rice, Sandton Capital Partners and City of Merced; Under Negotiation: Price and Terms of Payment
B.4. SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION -
Title: City Attorney; Authority: Government Code Section 54957 Council adjourned from Closed Session at 6:00 PM.
C. CALL TO ORDER
Mayor SERRATTO called the Regular Meeting to order at 6:06 PM.
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
C.1. Invocation - Pastor Juan Ochoa, Calvary Assembly of God Merced The invocation was delivered by Pastor Juan OCHOA from the Calvary Assembly of God Merced.
C.2. Pledge of Allegiance to the Flag
Pastor Juan OCHOA led the Pledge of Allegiance to the Flag.
D. ROLL CALL
Mayor Matthew Serratto, Council Member Jesse Ornelas, Council Member Sarah Boyle, Council Member Ronnie DeAnda, Council Member Shane Smith, and Council Member Fue Xiong
Present: 6 -
Mayor Pro Tempore Bertha PerezAbsent: 1 -
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
There was no report.
F. WRITTEN PETITIONS AND COMMUNICATIONS
Clerk's Note: Emails were received for the following agenda item and forwarded to Council prior to the meeting.
Oral Communications - Steven DONAHUE.
K.2. - Phyllis BOYLE.
G. ORAL COMMUNICATIONS
Clerk's Note: The following comments were received via voicemail.
Steven DONAHUE, Merced - spoke in opposition of allocating funds to Advanced Air.
Clerk's Note: The following speakers appeared in person.
Refugio LLAMAS, Veteran's Office of Merced County, Merced - thanked City staff for their assistance in the Veteran's Parade and spoke on its success.
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
Rick WENDLING, Merced - spoke on taxpayer aid to shelter groups and ARPA funds.
Robert DYLINA, Merced - spoke on Housing Authority of Merced County and encouraged Council to attend.
Jean OKUYE, Valley Land Alliance, Merced - introduced the Valley Land Alliance and welcomed new Council Members.
Necola ADAMS, Merced - spoke on homeless causing issues at Burbank Park.
H. CONSENT CALENDAR
Items H.6. Adoption of a Resolution for Modifications to the Public Facilities Impact Fee Administrative Policy A-32, and H.7. Approval of a Supplemental Appropriation from the Unreserved, Unencumbered Fund Balance of the General Fund in the Amount of $15,000 for the Installation of Gates, Bollards, and Cyclone Fencing at Joe Herb Park; were pulled for separate consideration.
Approval of the Consent Agenda
A motion was made by Council Member Boyle, seconded by Council Member Ornelas, to approve the Consent Agenda. The motion carried by the following vote:
Aye: Mayor Serratto, Council Member Ornelas, Council Member Boyle, Council Member DeAnda, Council Member Smith, and Council Member Xiong 6 -
No: 0
Absent: Mayor Pro Tempore Perez1 -
H.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.
This Consent Item was approved.
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
H.2. SUBJECT: Approval of a Contract for Advocacy Services with Renne Public Law Group, LLC DBA Renne Public Policy Group for Legislative Affairs Advocacy and Consulting Services
REPORT IN BRIEF
Considers approving a three-year contract with Renne Public Law Group, LLC, doing business as Renne Public Policy Group, for Legislative Affairs Advocacy and Consulting Services in the amount not to exceed $216,000.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a contract for legislative affairs advocacy and consulting services with Renne Public Law Group, LLC doing business as Renne Public Policy Group through June 30, 2025 in the amount not to exceed $216,000; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents.
This Consent Item was approved.
H.3. SUBJECT: Adoption of a Resolution to Amend the Pay Ranges for the Temporary Classifications of Lifeguard I, Lifeguard II, Pool Manager, Recreation Coordinator, Recreation Leader, and Recreation Specialist, Effective January 1, 2023, to Comply with State of California Minimum Wage Requirements
REPORT IN BRIEF
Considers adopting a Resolution to authorize amendments to the Pay Ranges for the Temporary Classifications of Lifeguard I, Lifeguard II, Pool Manager, Recreation Coordinator, Recreation Leader, and Recreation Specialist effective January 1, 2023, to comply with State of California minimum wage requirements.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2022-79, a Resolution of the City Council of the City of Merced, California, amending the salary range for the temporary classifications of Lifeguard I, Lifeguard II, Pool Manager, Recreation Coordinator, Recreation Leader, and Recreation Specialist;
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
and,
B. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents.
This Consent Item was approved.
H.4. SUBJECT: Approval of Street Closure Request and Use of City Owned Real Estate by the Martin Luther King Jr. Celebration Committee for the Annual Martin Luther King Jr. Community March and Celebration on January 16, 2023, Along Martin Luther King Jr Way from West 8th Street to West 18th Street and the Use of a Portion of Parking Lot #14 Located at 1739 Martin Luther King Jr.
Way
REPORT IN BRIEF
Authorizes the use and closure of Martin Luther King Jr. Way from West 8th Street to West 18th Street and a portion of the City Parking Lot #14 located at 1739 Martin Luther King Jr. Way on Monday, January 16, 2023, to hold a march, parade and food preparation for the annual Martin Luther King, Jr. celebration.
RECOMMENDATION
City Council - Adopt a motion approving the request by Tamara Cobb and the Martin Luther King Jr. Celebration Committee to close Martin Luther King Jr. Way from West 8th Street to West 18th Street and to cone off a portion of the City Parking Lot #14 located at 1739 Martin Luther King Jr. Way on Monday, January 16, 2023, to hold the march and prepare food as part of a community celebration.
This Consent Item was approved.
H.5. SUBJECT: Acceptance of a Type III Fire Engine and Approval of an Agreement for Temporary Transfer of Vehicular Equipment - Type III Fire Engine by and Between the State of California Governor’s Office of Emergency Services (Cal OES) and the City of Merced
REPORT IN BRIEF
Accept the Type III fire engine and enter into an “Agreement for Temporary Transfer of Vehicular Equipment - Type III Fire Engine” by and between the State of California Governor’s Office of Emergency Services (Cal OES) and the City of Merced.
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting the Cal OES Type III fire engine; and,
B. Authorizing the City Manager or Deputy City Manager to execute the Agreement for Temporary Transfer of Vehicular Equipment - Type III Fire Engine between the State of California Governor’s Office of Emergency Services (State) and the City of Merced (Transferee) for the transfer of Cal OES Fire Engine No. 5309.
This Consent Item was approved.
H.8. SUBJECT: Approval of a Settlement Agreement with Pacific Gas and Electric Company to Reimburse the City of Merced for Design and Construction of a 16-inch Water Main and Reconstruction of a Portion Roadway, Curb, Gutter, Sidewalk and ADA Access Ramps on Canal Street Between 14th Street and 15th Street and Approving the Use of Pooled Cash Until Reimbursement is Received from Pacific Gas and Electric Company
REPORT IN BRIEF
Considers approving a Settlement Agreement between the City of Merced and Pacific Gas and Electric Company (PG&E) to reimburse the City of Merced for design and construction of a 16-inch water main and reconstruction of a portion roadway, curb, gutter, sidewalk, and ADA access ramps on Canal Street between 14th Street and 15th Street and approving the use of pooled cash in an amount up to $1,000,000 (design and construction) until reimbursement is received from PG&E.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Settlement Agreement between the City of Merced and Pacific Gas and Electric Company; and,
B. Accepting $850,000 and increasing revenue account
557-1106-331-01-11 (Cost Recovery) and appropriating the same to account 557-1106-637-65-00 (Capital Outlay) Project #121055 Canal St.(14th-15th); and,
C. Accepting $150,000 and increasing revenue account
450-1104-331-01-11 (Cost Recovery) and appropriating the same to
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
account 450-1104-637-65-00 (Capital Outlay) Project #121055 Canal St.(14th-15th); and,
D. Approving the use of pooled cash in an amount up to $1,000,000 (design and construction) until reimbursement is received from PG&E; and,
E. Authorizing the Finance Officer to make any necessary budget adjustments; and,
F. Authorizing the City Manager or Deputy City Manager to execute the necessary documents.
This Consent Item was approved.
H.6. SUBJECT: Adoption of a Resolution for Modifications to the Public Facilities Impact Fee Administrative Policy A-32
REPORT IN BRIEF
Considers adopting Resolution 2022-78 to modify Administrative Policy A-32 to change the boundaries of the Infill Development Zone, and other changes related to the collection and reimbursement of the City’s Public Facilities Impact Fees.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2022-78, A Resolution of the City Council of the City of Merced, California, Amending Administrative Policy and Procedure A-32 Regarding Public Facilities Impact Fees.
Mayor SERRATTO pulled this item due to a request from Council Member XIONG and the public.
Pangcha VANG, Merced - asked Council to vote against modifying public facilities impact fee and spoke on Measure C.
Council, Director of Development Services Scott MCBRIDE, and City Manager Stephanie DIETZ discussed Community Facilities Districts, park maintenance fees, technical studies, prevailing wages, specific policy modifications, building permits, and certificate of occupancy.
A motion was made by Council Member Smith, seconded by Council Member Boyle, that this agenda item be approved. The motion carried by the following vote:
Aye: Mayor Serratto, Council Member Boyle, Council Member DeAnda, and Council Member Smith
4 -
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
No: Council Member Ornelas, and Council Member Xiong2 -
Absent: Mayor Pro Tempore Perez1 -
H.7. SUBJECT: Approval of a Supplemental Appropriation from the Unreserved, Unencumbered Fund Balance of the General Fund in the Amount of $15,000 for the Installation of Gates, Bollards, and Cyclone Fencing at Joe Herb Park
REPORT IN BRIEF
Considers approving a supplemental appropriation from the unreserved, unencumbered fund balance of the General Fund in the amount of $15,000 for the installation of gates, bollards, and cyclone fencing at Joe Herb Park. This request is being made to increase the safety and security of the park and sports fields as well as assisting in the maintenance of the site.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a supplemental appropriation from the unreserved, unencumbered fund balance in the General Fund in the amount of $15,000; transferring to Fund 424-Parks & Community Service CIP and appropriating the same in account 424-1201-647-65-00, project 123067; and,
B. Authorizing the Finance Officer to make the necessary budget adjustments; and,
C. Authorizing the City Manager or the Deputy City Manager to execute the necessary documents.
Mayor SERRATTO pulled this item at the request of Council Member ORNELAS.
Council and City Manager Stephanie DIETZ discussed the east side of the map that was presented, the availability of parking stalls, modification details, shelter use, and use of funds for project.
A motion was made by Council Member Ornelas, seconded by Council Member Smith, that this agenda item be approved. The motion carried by the following vote:
Aye: Mayor Serratto, Council Member Ornelas, Council Member Boyle, Council Member DeAnda, Council Member Smith, and Council Member Xiong 6 -
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
No: 0
Absent: Mayor Pro Tempore Perez1 -
I. PUBLIC HEARINGS
I.1. SUBJECT: Public Hearing to Consider the Adoption of a Resolution Accepting the Annual Report on Development Impact Fees for Fiscal Year 2021/2022 as Required by Government Code Section 66006(b)
REPORT IN BRIEF
Considers adopting a Resolution of the City Council of the City of Merced accepting the City’s Annual Compliance Report for Development Impact Fees (AB 1600) as required by Government Code section 66006(b).
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting the Annual Compliance Report for Development Impact Fees for Fiscal Year 2021/2022 which contains the information required by California Government Code Section 66006(b); and,
B. Adopting Resolution 2022-80, a Resolution of the City Council of the City of Merced, California, accepting the Development Impact Fees Fiscal Year 2021/2022 Annual Report and making findings related to unexpended developer deposits for public improvements as required by California Government Code Section 66001.
City Engineer Michael BELTRAN gave a slideshow presentation on the Annual Report on Development Impact Fees for Fiscal Year 2021-2022.
Mayor SERRATTO opened the Public Hearing at 6:47 PM and subsequently closed the Public Hearing at 6:47 PM due to lack of public comment.
Council Member SMITH and Mr. BELTRAN spoke on overall value and funds of projects.
A motion was made by Council Member Boyle, seconded by Council Member Smith, that this agenda item be approved. The motion carried by the following vote:
Aye: Mayor Serratto, Council Member Ornelas, Council Member Boyle, Council Member DeAnda, Council Member Smith, and Council Member Xiong
6 -
No: 0
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
Absent: Mayor Pro Tempore Perez1 -
J. REPORTS
J.1. SUBJECT: Report to City Council to Obtain Public Comment for an Environmental Review for the Proposed Terminal Replacement Project and Approval of a Supplemental Appropriation from the Economic Development Opportunity Fund (074) in an Amount not to Exceed $1,100,000 to Design the Merced Yosemite Regional Airport Terminal
REPORT IN BRIEF
Considers approving a supplemental appropriation from Fund 074-Economic Development Opportunity Fund, in the amount of $1,100,000, to pre-fund Airport grants for the Merced Yosemite Regional Airport (MCE) Terminal Replacement Project and secure public comments regarding environmental review.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a supplemental appropriation in the amount of $1,100,000 from the unreserved, unencumbered fund balance of Fund 074-Economic Development Opportunity, transfer to Fund 461-Airport CIP and appropriate the same to account 461-1303-667-065-00, Project No. 123060; and,
B. Authorizing the Finance Officer to make the necessary budget adjustments.
Engineer Project Manager Amber MINAMI, Applicant Joe CRUZ, and Applicant Lisa HARMON gave a slideshow presentation on the Terminal Replacement Project for the Merced Regional Airport.
Council, City Engineer Michael BELTRAN, City Manager Stephanie DIETZ, Finance Officer Venus RODRIGUEZ, and Applicant Joe CRUZ discussed the terminal design, potential future growth of the terminal, timeline of project, funding allocation, and project funds breakdown.
A motion was made by Council Member Boyle, seconded by Council Member Ornelas, that this agenda item be approved. The motion carried by the following vote:
Aye: Mayor Serratto, Council Member Ornelas, Council Member Boyle, Council Member DeAnda, Council Member Smith, and Council Member Xiong
6 -
No: 0
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
Absent: Mayor Pro Tempore Perez1 -
K. BUSINESS
K.1. SUBJECT: Discussion to Accept Flag Request to be Added to the Flag Calendar for Approval
REPORT IN BRIEF
Discussion to accept flag requests to be added to the flag calendar for the 2023 year and to be approved by Council at a future meeting.
RECOMMENDATION
Provide staff direction to accept flag requests and to bring all request back to be added to the Flag Calendar for Council approval.
City Manager Stephanie DIETZ briefly described the flag policy and annual flag calendar.
Rick WENDLING, Merced - spoke on his support to fly only the National Flag, California State Flag, and POW MIA Flag and opposed flying the LGBT flag.
Pangcha VANG, Merced - spoke on diversity and Mayor's actions during previous Council meetings.
Council and Mrs. DIETZ discussed potential lawsuits against flag calendar, adding flag requests in the future, policy direction, flying multiple flags, and policy details.
A motion was made by Council Member Ornelas, seconded by Council Member Smith, that this agenda item be approved. The motion carried by the following vote:
Aye: Mayor Serratto, Council Member Ornelas, Council Member DeAnda, Council Member Smith, and Council Member Xiong
5 -
No: 0
Absent: Mayor Pro Tempore Perez1 -
Abstain: Council Member Boyle1 -
K.2. SUBJECT: Review, Discuss, and Approve the 2023 Proclamation Calendar
REPORT IN BRIEF
Considers reviewing and discussion the 2023 Proclamation Calendar for
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
approval.
RECOMMENDATION
City Council - Adopt a motion approving the 2023 Proclamation Calendar.
City Manager Stephanie DIETZ briefly described the 2023 Proclamation Calendar.
Council Member ORNELAS asked if Proclamation Calendar was open to the public and Council.
Clerk's Note: The following comment was received via voicemail.
Phyllis BOYLE, Merced - spoke on the Gateway Quilters Guild and asked Council to present a proclamation in March.
Clerk's Note: The following speaker appeared in person.
Rick WENDLING, Merced - spoke in opposition of Human Trafficking Prevention Month proclamation.
Council and Mrs. DIETZ discussed future requests, the removal of City Employee proclamations and consolidating to one City Employee Month proclamation, options to approve Proclamation Calendar, and the potential of creating a Proclamation Policy.
A motion was made by Council Member Ornelas, seconded by Council Member Boyle, to approve 2023 Proclamation Calendar as is and accept as they come.
The motion carried by the following vote:
Aye: Mayor Serratto, Council Member Ornelas, Council Member Boyle, Council Member DeAnda, Council Member Smith, and Council Member Xiong
6 -
No: 0
Absent: Mayor Pro Tempore Perez1 -
K.3. SUBJECT: Introduction of City Council Designated Representative(s) to Various Organizations and Areas of Interest Related to City Business
REPORT IN BRIEF
Introduction of City Council Designated Representative assignments for 2023. Final assignments will be adopted by January 2023.
RECOMMENDATION
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
City Council - Information Only.
Mayor SERRATTO reviewed the Council assignments and adjusted them accordingly.
Council and City Manager Stephanie DIETZ briefly discussed the assignments and adjusted them accordingly.
Clerk's Note: There was no formal vote taken, item was for information only.
K.4. SUBJECT: Direction on the Format and Dates for the 2023 Community Town Halls and Strategic Planning Session to Provide Input on the Development of the Fiscal Year 2022/23 Budget
REPORT IN BRIEF
Seeks direction on the format and dates for the 2023 Community Town Halls and Council Strategic Planning Session to provide input on the development of the fiscal year 2023/24 Annual Budget.
RECOMMENDATION
Provide staff with dates for three Community Town Hall meetings and direction on the format and preferred dates for the Strategic Planning Session.
Council discussed the format and dates for the 2023 Town Hall meetings.
Council agreed on three (3) in-person Town Hall meetings on January 25th, January 31th, and February 9th with the locations to be determined based on location availability; and a Strategic Planning Session on February 11th located at the Civic Center in the Sam Pipes room.
Clerk's Note: There was no formal vote taken, item was for information only.
K.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.
Council Member SMITH requested Council to consider a Joint Meeting with School Board of Education, Merced City Council, and Weaver Union Elementary School District in Fall 2023 on January 17th.
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
Council Member ORNELAS requested to add Merced High School District to Joint Meeting consideration.
A motion was made by Council Member Smith, seconded by Council Member Ornelas, that this agenda item be approved. The motion carried by the following vote:
Aye: Mayor Serratto, Council Member Ornelas, Council Member Boyle, Council Member Smith, and Council Member Xiong
5 -
No: 0
Absent: Mayor Pro Tempore Perez1 -
Abstain: Council Member DeAnda1 -
Council Member XIONG requested Council to consider changing Public Comments on February 6th.
K.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.
Council Member BOYLE reported on attending the League of Cities Meeting and the Chef Store ribbon cutting.
Council Member SMITH spoke on his participation of his last meeting as Chair for the Merced City School District.
Council Member XIONG reported on attending Hmong New Year and spoke on the Homeless Memorial.
Council Member ORNELAS spoke on the Winter Solstice run and reported on attending the Hmong New Year.
Mayor SERRATTO spoke on Hmong New Year, Kelly Turner food giveaway, the grand opening of the Chef Store and a new BUS office, the Boys and Girls Club of Stanislaus County event, General Vang Pao's Birthday, Operation Santa, and lastly, congratulated Chief Thomas CAVALLERO on his retirement.
December 19, 2022City Council/Public Finance and
Economic Development
Authority/Parking Authority
Minutes
L. ADJOURNMENT
Clerk's Note: The Regular Meeting was adjourned at 8:08 PM.
A motion was made by Council Member Ornelas, seconded by Council Member Boyle, that this Regular Meeting be adjourned. The motion carried by the following vote:
Aye: Mayor Serratto, Council Member Ornelas, Council Member Boyle, Council Member DeAnda, Council Member Smith, and Council Member Xiong
6 -
No: 0
Absent: Mayor Pro Tempore Perez1 -