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, December 16, 2024
Closed Session at 5:30 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. Assisted hearing devices are available for meetings held in the Council Chamber.
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 pública en la Oficina del Secretario de la Ciudad durante el horario comercial habitual. La traducción al espa ñol y al Hmong está disponible en todas la reuniones regulares. Los dispositivos auditivos asistidos est án 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
PUBLIC COMMENT: OBTAIN SPEAKER CARD FROM THE CITY CLERK/COMENTARIO DEL PÚBLICO / KEV HLOOV RAU TEJ PEJ XEEM TXOG KEV TAWM SUAB, NCAUS LUS:
December 16, 2024City 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 no later than 1 PM on the day of the meeting. Please specify which portion of the agenda you are commenting on, for example, Public Hearing item #, Consent item #, or Public Comments. Material received before the deadline will be sent to the City Council and will be part of the record and will be mentioned as part of the Written Petitions and Communications portion of the agenda. Any emails received by the 1PM deadline will be posted on the City's website at www .cityofmerced.org /departments/city-clerk/council-meetings. Any correspondence received after the 1PM deadline will be distributed to the City Council and retained for the official record.
To view video (if available) or listen to the City Council meeting live, go to the City ’s website www.cityofmerced.org, Facebook Live, or Comcast Public Access Channel 96.
Los miembros de la audiencia que deseen dirigirse al Ayuntamiento deben completar una tarjeta de orador disponible en el podio en la parte de 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 a m ás tardar a la 1 p.m. del d ía de la reuni ón. Especifique qué parte de la agenda está comentando, por ejemplo, el punto # de la audiencia p ública, el punto # de consentimiento o los comentarios públicos. El material recibido antes de la fecha l ímite 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 electr ónicos recibidos antes de la fecha límite de la 1 p.m. se publicarán en el sitio web de la Ciudad en www.cityofmerced.org/ departments/city-clerk/council-meetings. Cualquier correspondencia recibida despu és 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 reuni ón 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.
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
December 16, 2024City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
Council thiab yuav yog ib feem ntawm cov ntaub ntawv khaws tseg thiab yuav raug hais raws li ib feem ntawm kev sau ntawv thov tuaj thiab kev sib hais ntawm cov txheej txheem. Txhua qhov email tau txais 1 PM ntawd yuav muab tso rau hauv Lub Nroog qhov website ntawm www.cityofmerced.org /departments/city-clerk/council-meetings. Txhua tsab ntawv uas tau txais tom qab 1 PM lawm yuav muab xa rau cov Nom Tswv City Council thiab yuav khaws tseg rau hauv cov ntaub ntawv cai.
Yog koj xav saib video (thaum muaj) los sis mloog cov Nom Tswv (City Council) kev sib tham, mus saib hauv City ’s website www .cityofmerced.org, Facebook Live, los sis Comcast Public Access Channel 96.
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. 25-004 SUBJECT: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Rollins v. City of Merced; WCAB Case Number
FRE-ADJ 13014905; Pursuant to California Government Code Section 54956.9(d)(1))
C. CALL TO ORDER
C.1. Invocation - Pastor Juan Ochoa, Calvary Assembly of God, Merced 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, 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.
E. REPORT OUT OF CLOSED SESSION
F. WRITTEN PETITIONS AND COMMUNICATIONS
G. PUBLIC COMMENT
December 16, 2024City 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 3 minutes. The Mayor may propose a further limit to the time available for all speakers at the discretion of the City Council, in order to accommodate as many speakers as possible. State law prohibits the City Council from acting at this meeting on any matter raised during the public comment period. Members of the public who wish to speak on a matter that is listed on the agenda will be called upon to speak during discussion of that item.
H. 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.
H.1. 24-1194 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.
H.2. 24-1191 SUBJECT: Information Only - Traffic Committee Minutes of September 10, 2024
RECOMMENDATION
For information only.
H.3. 24-1157 SUBJECT: Authorization to Submit a Federal Emergency Management Agency (FEMA) Fiscal Year (FY) 2024 Assistance to Firefighters Grant (AFG) with an Estimated Total Project Cost of $1,000,000 for the Purchase of Live Fire Training Props to Complete Phase 2 of the Hawk Fire Training Facility
REPORT IN BRIEF
Considers authorizing the submittal of a Federal Emergency Management Agency (FEMA) Fiscal Year (FY) 2024 Assistance to Firefighters Grant (AFG) with an estimated total project cost of $1,000,000 for the purchase of live fire training props to complete phase 2 of the Hawk Fire Training Facility.
December 16, 2024City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
RECOMMENDATION
City Council - Adopt a motion authorizing the submittal of a Federal Emergency Management Agency (FEMA) Fiscal Year (FY) 2024 Assistance to Firefighters Grant (AFG) with an estimated total project cost of $1,000,000 for the purchase of live fire training props to complete phase 2 of the Hawk Fire Training Facility.
H.4. 24-998 SUBJECT: Approval of a Services Agreement with University Pediatric Center to Provide Medical Direction and Oversight for Emergency Medical Services in an Amount not to Exceed $72,234 for a Three-Year Term
REPORT IN BRIEF
Considers approving a Services Agreement with University Pediatric Center to provide medical direction and oversight for Emergency Medical Services in an amount not to exceed $72,234 for a three-year term.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Professional Services Agreement with University Pediatric Center in an amount not to exceed $72,234, for the purpose of providing medical direction and oversight for Emergency Medical Services for a three-year term; and,
B. Authorizing the City Manager to execute the necessary documents.
H.5. 24-1066 SUBJECT: Approval of an Agreement for Services with J.B. Anderson Land Use Planning for Environmental and Planning Services, Relating to the CP-42 North Annexation of Approximately 40 Acres of Land at the Southwest Corner of East Gerard Avenue and South Tyler Road
REPORT IN BRIEF
Considers approving a Professional Services Agreement with J.B.
Anderson Land Use Planning in the amount of $238,089 to perform environmental and planning services for the annexation to the City of Merced of the CP-42 North project (40 acres generally located at the southwest corner of East Gerard Avenue and South Tyler Road).
RECOMMENDATION
City Council - Adopt a motion approving an Agreement for Services
December 16, 2024City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
with J.B. Anderson Land Use and Planning in the amount of $238,089 to perform environmental and planning services for the annexation of the CP-42 North project to the City of Merced.
H.6. 24-1212 SUBJECT: Adoption of a Resolution Approving Final Map #5420 for Bellevue Ranch West Villages 18 - 22, Phase 2 Subdivision for 39 Single-Family Lots, Generally Located at the Southwest Corner of M Circle and Bellevue Road, and the Approval of the Subdivision Agreement for Bellevue Ranch West Villages 18 - 22, Phase 2 Subdivision
REPORT IN BRIEF
Considers adopting Final Map #5420 for 39 single-family lots, located at the southwest corner of M Circle and Bellevue Road, and the subdivision agreement for the Bellevue Ranch West Villages 18 - 22, Phase 2 Subdivision.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2024-114, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for Bellevue Ranch West Village 18 - 22, Phase 2 Subdivision (#5420); and,
B. Approving the Subdivision Agreement for the Bellevue Ranch West Villages 18 - 22, Phase 2 Subdivision; and,
C. Authorizing the City Manager to execute all necessary documents.
H.7. 24-1163 SUBJECT: Approval of a Zero Dollar In-Kind Telecommunications Conduit Trade Agreement Between CVIN, LLC D.B.A. Vast Networks and the City of Merced for a Duration of Fifteen (15) Years
REPORT IN BRIEF
Considers approving the In-kind Telecommunication Conduit Trade Agreement between CVIN, LLC D.B.A. Vast Networks and the City of Merced conduit for a duration of Fifteen (15) years.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the in-kind trade lease agreement with CVIN, LLC dba VAST NETWORKS; and,
December 16, 2024City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
B. Authorizing the City Manager to execute the necessary documents.
H.8. 24-1193 SUBJECT: Introduction of an Ordinance Amending Section 10.32.056 “Passenger Loading Zones - Permanent” of the Merced Municipal Code
REPORT IN BRIEF
Considers introducing an Ordinance and approving recommendations from the Traffic Committee to approve amending the following to the Merced Municipal Code: “Passenger loading zones- Permanent on the West side of N Street”.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing Ordinance 2575, an Ordinance of the City Council of the City of Merced, California, Amending Section 10.32.056 “Passenger Loading Zones- Permanent” of the Merced Municipal Code; and, B. Approving the recommendation from the Traffic Committee listed above.
I. 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.
I.1. 24-1179 SUBJECT: Public Hearing to Consider Adoption of a Resolution Accepting the Annual Report on Development Impact Fees for Fiscal Year 2023/2024 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:
December 16, 2024City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
A. Accepting the Annual Compliance Report for Development Impact Fees for Fiscal Year 2023/2024 which contains the information required by California Government Code Section 66006(b); and,
B. Adopting Resolution 2024-113, a Resolution of the City Council of the City of Merced, California, accepting the Development Impact Fees Fiscal Year 2023/2024 Annual Report and making findings related to unexpended developer deposits for public improvements as required by California Government Code Section 66001.
J. ACTION ITEMS
J.1. 24-1207 SUBJECT: Approval of a Stop Gap Aid Agreement for Fire Services and Emergency Operations Coordination Between the City of Merced and Merced County, and Provide Direction to Staff to Continue Exploring Long Term Options for Automatic Aid or Other Service Options Between the Two Agencies
REPORT IN BRIEF
Considers approving a Stop Gap Aid Agreement for Fire Services and Emergency Operations Coordination between the City of Merced and Merced County for the period of January 1, 2025, to December 31, 2026, and provide direction to staff to continue exploring long term options for Automatic Aid or other service options between the two agencies.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Stop Gap Aid Agreement for Fire Services and Emergency Operations Coordination between the City of Merced and Merced County for the period of January 1, 2025, to December 31, 2026; and,
B. Authorizing the City Manager or Designee to execute the agreement; and,
C. Authorizing the Finance Officer to increase revenue in the amount of $157,692 for Fiscal Year 2024-25 in the General Fund-Fire Division; and,
D. Provide direction to staff to continue exploring long term options for Automatic Aid or other service options between the two agencies.
December 16, 2024City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
J.2. 24-1206 SUBJECT: Approving a Services Agreement with the Sports Facilities Companies for Site Optimization Study and Conceptual Design of Community Park-42 North
REPORT IN BRIEF
Considers approving the agreement for site optimization and conceptual design of approximate 40 acres of land dedicated by Merced Union High School District, referred to as Community Park 42 North, to be designed in conjunction with Community Park-42 South as part of Merced’s Regional Sports Complex for the amount not to exceed $133,730.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving a Services agreement with the Sports Facilities Companies, Inc., in a not to exceed amount of $133,730 for optimization study and conceptual design of Community Park-42 North; and, B. Authorizing the City Manager to execute the necessary documents.
J.3. 24-1172 SUBJECT: Award Bid to American Paving Co. for the Bob Hart Square Expansion, Project Number CP220073, in the Amount of $3,418,502.60, and Approve Contract Change Order No. 1 to Reduce the Bid Schedules and Scope of Work in the Amount of $132,682.10
REPORT IN BRIEF
Considers awarding a Construction Contract to American Paving Co. in the amount of $3,418,502.60 for the Bob Hart Square Expansion Project, and approving Contract Change Order No. 1 for ($132,682.10) for the negotiated bid schedules to reduce the price.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the Bob Hart Square Expansion, Project CP220073 to American Paving Co., in the amount of $3,418,502.60; and, B. Authorizing the City Manager to execute Contract Change Order No. 1 in the amount of ($132,682.10) for the new negotiated bid schedules; and,
C. Authorizing the City Manager to execute the necessary documents
December 16, 2024City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
and to approve additional change orders not to exceed 10% of the total contract; and,
D. Authorizing the Finance Officer authorization to make necessary budget adjustments.
J.4. 24-1063 SUBJECT: Award Bid to American Paving Company for the Main Street Directional Project, Project Number CP230014, in the Amount of $ 965,804.70
REPORT IN BRIEF
Considers awarding a Construction Contract to American Paving Co. in the amount of $ 965,804.70 for the Main Street Directional project.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the construction contract for the Main Street Directional project, Project CP230014 to American Paving Company, in the amount of $ 965,804.70; and,
B. Authorizing the City Manager to execute the necessary documents and to approve change orders not to exceed 15% of the total contract; and,
C. Authorizing the Finance Officer authorization to make necessary budget adjustments.
J.5. 24-1203 SUBJECT: Award Bid to Rolfe Construction Inc, a California Corporation for Yosemite Avenue Road Reconstruction - G Street to Parsons Avenue, Project Number CP200009, in the Amount of $5,883,842.60, and Approve Contract Change Order No. 1 to Reduce the Bid Schedules and Scope of Work
REPORT IN BRIEF
Considers awarding a Construction Contract to Rolfe Construction Inc. in the amount of $5,883,842.60 for the Yosemite Avenue Road Reconstruction - G Street to Parsons Avenue Project No. CP200009, and approving Contract Change Order No. 1 for a reduction in scope and a credit of ($173,320) totaling the new contract amount of $5,710,522.60.
RECOMMENDATION
City Council - Adopt a motion:
December 16, 2024City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
A. Awarding the construction contract for the Yosemite Avenue Road Reconstruction - G Street to Parsons Avenue Project No. CP200009 to Rolfe Construction Inc., a California Corporation, in the amount of $5,883,842.60; and,
B. Approving Contract Change Order No. 1 for a credit to the City in the amount of ($173,320.00) for a reduction in scope to the original contract; and,
C. Authorizing the City Manager to execute the necessary documents and to approve change orders not to exceed 10% of the total contract.
K. BUSINESS
K.1. 24-1231 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 2025 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.
K.2. 24-1216 SUBJECT: Direction on the Format and Dates for the 2025 Community Town Halls and Strategic Planning Session to Provide Input on the Development of the Fiscal Year 2025/26 Budget
REPORT IN BRIEF
Seeks direction on the format and dates for the 2025 Community Town Halls and Council Strategic Planning Session to provide input on the development of the fiscal year 2025/26 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.
K.3. 24-1214 SUBJECT: Continued Selection of City of Merced Representatives to Participate in the May 2025 One Voice Program and Approval of Priority Projects
December 16, 2024City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
REPORT IN BRIEF
Council to decide City Representatives to participate in the One Voice Program scheduled for May 13th -16th, 2025.
RECOMMENDATION
City Council - Adopt a motion selecting an additional City Council member to attend the One Voice Conference May 13th -16th, 2025 K.4. 24-1204 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 2024. Final assignments will be adopted by January 2024.
RECOMMENDATION
City Council - Information Only.
K.5. 24-1211 SUBJECT: Mayor Serratto’s Request to Discuss a Jaywalking Ordinance
REPORT IN BRIEF
Mayor Serratto’s request to discuss a jaywalking ordinance in the City of Merced.
RECOMMENDATION
Provide direction to staff on the next steps.
K.6. 24-1210 SUBJECT: Personnel Board Appointments
REPORT IN BRIEF
Considers appointing one Board nominated and one Council nominated individual to the Personnel Board.
RECOMMENDATION
City Council - Adopt a motion:
A. Appointing Phyllis Krego to serve as Board nominated replacement member of the Personnel Board with a partial term expiring on July 1, 2025, respectively; and,
B. Appointing one individual from the remaining applicants to serve as a Council nominated replacement member of the Personnel Board to a
December 16, 2024City Council/Public Finance and
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Authority/Parking Authority
Meeting Agenda
partial term expiring on July 1, 2026.
K.7. 24-1196 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.
K.8. 24-1198 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.
L. ADJOURNMENT