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, February 3, 2025
Closed Session at 5:00 PM / 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. 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:
February 3, 2025City 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
February 3, 2025City 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. 25-115 SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: City Manager; Authority: Government Code Section 54957 B.2. 25-066 SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: Finance Officer; Authority: Government Code Section 54957 B.3. 25-095 SUBJECT: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION City of Merced v. A. Pilola, MSC Case No. 21CV-00824 Pursuant to California Government Code Section 54956.9(d)(1) B.4. 25-124 SUBJECT: CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant Exposure to Litigation. One (1) Potential Case, Pursuant to California Government Code Section Gov. Code § 54956.9(d)(2)
C. CALL TO ORDER
C.1. Invocation - Pastor Joel Dorman, Summit Church Merced C.2. Pledge of Allegiance to the Flag
D. ROLL CALL
February 3, 2025City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
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 $500.00 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 2024-78. 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. CEREMONIAL MATTERS
F.1. 25-121 SUBJECT: Proclamation - Black History Month
REPORT IN BRIEF
Received by a Representative of the NAACP.
G. WRITTEN PETITIONS AND COMMUNICATIONS
H. PUBLIC COMMENT
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.
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. 25-038 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.
February 3, 2025City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
I.2. 25-122 SUBJECT: Information Only Contracts for the Month of January 2025
REPORT IN BRIEF
Notification of awarded Non-Public Works contracts under $38,000 and of Public Works contracts under $85,161.
I.3. 25-069 SUBJECT: Information Only - Planning Commission Minutes of October 9, 2024, October 23, 2024, December 4, 2024
RECOMMENDATION
For information only.
I.4. 25-070 SUBJECT: Information Only - Bicycle and Pedestrian Advisory Minutes of December 12, 2023, February 27, 2024, April 23, 2024
RECOMMENDATION
For information only.
I.5. 25-126 SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority/Successor Agency to the
Redevelopment Agency Meeting Minutes of September 16, 2024
REPORT IN BRIEF
Official adoption of previously held meeting minutes.
RECOMMENDATION
City Council/Public Financing and Economic Development/Parking Authority/Successor Agency to the Redevelopment Agency - Adopt a motion approving the meeting minutes of September 16, 2024.
I.6. 25-110 SUBJECT: Approval of a First Amendment Lease Agreement with the U.S. Department of Homeland Security, Transportation Security Administration (TSA) for Office Space in the Terminal Building of the Merced Yosemite Regional Airport
REPORT IN BRIEF
Considers approving First Amendment to the Lease Agreement with U.S. Department of Homeland Security, Transportation Security Administration for office space in the terminal building of the Merced Yosemite Regional Airport.
RECOMMENDATION
City Council - Adopt a motion:
February 3, 2025City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
A. Approving the Lease Agreement First Amendment with Government Services Agency (GSA), an agent for the Transportation Security Administration (TSA) for office space at the Merced Yosemite Regional Airport; and,
B. Authorizing the City Manager or Deputy City Manager to execute the necessary documents.
I.7. 25-087 SUBJECT: Approval of a Joint Use Agreement with Merced Irrigation District for E. Childs Avenue
REPORT IN BRIEF
Considers entering into a Joint Use Agreement with Merced Irrigation District (MID) for the use of the southerly 30 feet of E. Childs Avenue adjacent to the Crossing at River Oaks Subdivision for the undergrounding of MID canal.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Joint Use Agreement with Merced Irrigation District for the use of the southerly 30 feet of E. Childs Avenue adjacent to the Crossing at River Oaks Subdivision for the undergrounding of an MID canal; and,
B. Authorizing the City Manager to execute the necessary documents.
I.8. 25-015 SUBJECT: Approval of Street Closure Request #24-34 by Velo Promo, LLC to Host the 38th Annual Merced Criterium Bicycle Race, to Include M Street, from West 21st to West 18th Streets; West 18th Street, from M to N Streets; and N Street, from West 18th Street to West 21st Street, Including the Merced County Courthouse Loop on Sunday, March 2, 2025, from 6:00 A.M. to 5:00 P.M.
REPORT IN BRIEF
Considers approving a request by Velo Promo, LLC for the closure and use of City streets on Sunday, March 2, 2025, for the 38th Annual Merced Criterium Bicycle Race. The request seeks approval to close M Street, between W. 21st and W. 18th Streets; W. 18th Street, between M and N Streets; and N Street, from W. 18th Street to W. 21st Street, including the Merced County Courthouse loop from 6:00 a.m. to 5:00 p.m.
February 3, 2025City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
RECOMMENDATION
City Council - Adopt a motion approving the street closure of M Street, between W. 21st and W. 18th Streets; W. 18th Street, between M and N Streets; and N Street, from W. 18th Street to W. 21st Street, including the Merced County Courthouse loop on Sunday, March 2, 2025, from 6:00 a.m. to 5:00 p.m., subject to the details and conditions outlined in the Administrative Staff Report.
I.9. 25-112 SUBJECT: Approval of Street Closure Request #25-02 By Gran Fondo Hincapie for the 2nd Annual Gran Fondo Hincapie-Merced Bike Event, Family Festival & Expo. Closures Include the Parking Lot at N Street and W 18th Street Starting Tuesday, March 11, 2025, at 9:00 AM; N Street Between Arbor Lane Alley and W 19th Street Starting Thursday, March 13, 2025, at 5:00 PM; and Expanded Closures to Include West Main Street and West 20th Street Starting Saturday, March 15, 2025, at 5:00 AM
REPORT IN BRIEF
Considers approving a request from Gran Fondo Hincapie for the closure and use of City streets for the 2nd Annual Gran Fondo Hincapie-Merced Bike Event, Family Festival & Expo. The requested street closures include the parking lot at N Street and W 18th Street, N Street between Arbor Lane Alley and W 19th Street, and W Main Street and W 20th Street.
RECOMMENDATION
City Council - Adopt a motion approving the street closures as follows:
· Parking Lot at N Street and W 18th Street: Closed starting Tuesday, March 11, 2025, at 9:00 AM.
· N Street between Arbor Lane Alley and W 19th Street: Closed starting Thursday, March 13, 2025, at 5:00 PM.
· West Main Street and West 20th Street: Closed starting Saturday, March 15, 2025, at 5:00 AM.
· Subject to conditions #1-#16 contained in the Administrative Report.
(Additionally, other intersections will be temporarily closed only when cyclists are present, and one lane of M Street will be coned off for cyclist safety.)
I.10. 25-060 SUBJECT: Approval of a Third Amendment to the Professional Services Agreement with Eide Bailly LLP for Financial Auditing and Related Services for an Additional $9,120 for a Total Not-to-Exceed Amount of $242,970
February 3, 2025City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
REPORT IN BRIEF
Considers approving a Third Amendment to the Agreement with Eide Bailly LLP for Professional Auditing and Related Services, adding $9,120 for a total not-to-exceed amount of $242,970.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the Third Amendment with Eide Bailly LLP to provide financial audit services of the Successor Agency for an additional $9,120 for a total not-to-exceed amount of $242,970; and, B. Authorizing the City Manager to execute all necessary documents.
I.11. 25-072 SUBJECT: Accept and File Community Facilities District (CFD) Nos. 2003-1 (Bellevue Ranch East), 2003-2 (Services), 2005-1 (Bellevue Ranch West), 2006-1 (Moraga of Merced) Annual Disclosure Reports for Fiscal Year 2023-2024
REPORT IN BRIEF
The continuing annual disclosure reports contain certain CFD information required to be filed annually by the City per Security and Exchange Commission (SEC) rule 15c2-12(b) and Government Code sections 50075-50077 and 53410-53412.
RECOMMENDATION
City Council - Adopt a motion accepting and filing the CFD Annual Disclosure Reports for Fiscal Year 2023-2024 for CFD Nos. 2003-1 (Bellevue Ranch East), 2003-2 (Services), 2005-1 (Bellevue Ranch West), 2006-1 (Moraga of Merced).
I.12. 25-088 SUBJECT: Consider the Adoption of a Resolution Approving Final Map #5423 for The Crossing at River Oaks Phase 5, Subdivision for 32 Lots at Coffee Street and E. Childs Avenue, and the Approval of the Subdivision Agreement for The Crossing at River Oaks Phase 5
REPORT IN BRIEF
Considers adopting the Final Map #5423 for 32 lots, located between Coffee Street and Campus Parkway, south of E. Childs Avenue, and the Subdivision Agreement for The Crossing at River Oaks, Phase 5 Subdivision.
RECOMMENDATION
February 3, 2025City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
City Council - Adopt a motion:
A. Approving Resolution 2025-08, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for The Crossing at River Oaks, Phase 5 Subdivision (#5423); and, B. Approving the Subdivision Agreement for The Crossing at River Oaks, Phase 5 Subdivision; and,
C. Authorizing the City Manager to execute all necessary documents.
J. ACTION ITEMS
J.1. 25-089 SUBJECT: Consideration and Approval of Substantial Amendments to the 2019 and 2024 U.S. Housing and Urban Development Annual Action Plans, to Consider Repurposing Remaining Coronavirus Community Development Block Grant (CDBG-CV) Funding Originally Appropriated to COVID-19 Pandemic Response Programming in the 2019 Annual Action Plan; to Consider Repurposing CDBG Funding Originally Appropriated in the 2024 Annual Action Plan; and, to Consider Appropriating Unanticipated Amounts of 2024 Program Year CDBG Program Income to Suitable Eligible Project(s) that will Expedite Expenditures
REPORT IN BRIEF
Considers and recommends approval of proposed amendments to the 2019 and 2024 U.S. Department of Housing and Urban Development Annual Action Plans involving a change in the use of the remaining 2019 Coronavirus Community Development Block Grant (CDBG-CV) funds and the City’s normal entitlement Community Development Block Grant (CDBG) funds, to activities that will expedite the disbursement of both funding sources to meet approaching HUD expenditure deadlines.
Additionally, the 2024 Annual Action Plan substantial amendment considers the prior request of City Council to have the opportunity to evaluate making a change to the use of project funding preliminarily awarded to Sierra Saving Grace Homeless Project’s
acquisition/rehabilitation activities and recommends no change to the previously approved use of CDBG funds.
RECOMMENDATION
City Council - Adopt a motion:
2019 Annual Action Plan Amendment:
A. Approving Fourth Amendment (Third Substantial Amendment) to the
February 3, 2025City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
2019 Annual Action
Plan that moves all remaining, unspent CDBG-CV funds (up to $500,109.69) from all current COVID-19 Pandemic support and response projects to the 2023 program year K/13th Street/Hwy 59 Water-Sewer Main & ADA Improvement project currently in progress, which serves a primarily residential area and prepares and plans for future pandemics by helping to protect the City’s potable water supply; and,
B. Creating a new project in the 2019 Annual Action Plan that proposes to add all remaining, unspent CDBG-CV funding (up to $500,109.69) to the 2023 program year K/13th Street/Hwy 59 Water-Sewer Main & ADA Improvement Project.
2024 Annual Action Plan Amendment:
Approving the First Amendment to the 2024 Annual Action Plan, to include:
C. Allocating $60,327.87 of unanticipated 2024 Program Year program income to a new 2024 project that proposes to provide supplemental CDBG funding to the 2023 program year K/13th Street/Hwy 59 Water-Sewer Main & ADA Improvement Project; and,
D. Reallocating the combined total of disencumbered CDBG Prior Year Resources and reductions in budgeted Activity Delivery Costs ($221,867.37) to a new 2024 project that proposes to provide supplemental CDBG funding to the 2023 program year K/13th Street/Hwy 59 Water-Sewer Main & ADA Improvement project; and, E. Reallocating in advance an anticipated $307,913.40 of CDBG Prior Year Resources, which are expected to be returned to the City during the 2024 Program Year, to the new 2024 project that proposes to provide supplemental CDBG funding to the 2023 program year K/13th Street/Hwy 59 Water-Sewer Main & ADA Improvement Project, after a repayment to HUD of unrelated ineligible expenditures with local funds is completed; and,
F. Creating a new project in the 2024 Annual Action Plan (Project #14) utilizing the funding reallocated in Actions B, C, and D, above, to provide supplemental funding to the 2023 program year K/13th Street/Hwy 59 Water-Sewer Main & ADA Improvement Project that is currently in progress; and,
G. Formally approving 2024 Project #2, and award CDBG funding in the amount of $586,381 to Sierra Saving Grace Homeless Project, for
February 3, 2025City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
acquisition with rehabilitation of a 1-4 unit property(ies) within the Merced city limits, as preliminarily approved with the original 2024 Annual Action Plan approval in August 2024; and,
H. Authorizing staff to finalize and complete all sections of the Annual Action Plan affected by the substantial amendment and submit the amended plan to HUD; authorizing the City Manager to execute all related documents, certifications, and agreements with HUD; and, I. Authorizing the Finance Officer to make any necessary budget adjustments.
K. BUSINESS
K.1. 25-123 SUBJECT: Request to Display the Christian Flag in Bob Hart Square in Honor of Easter as Submitted by the Barn Church Beginning on April 11, 2025 Through May 9, 2025 and to Include this Request on the Annual Flag Calendar Adopted by the City Council
REPORT IN BRIEF
Request from the Barn Church to Display the Christian Flag in Bob Hart Square on April 11, 2025 through May 9, 2025 in honor of Easter and to include this request on the annual Flag Calendar adopted by the City Council.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the request to be added to the Flag Calendar for the 2025 year in accordance with Council Policy C-7 regarding the display of commemorative flags; and,
B. Bringing a Resolution back for adoption.
K.2. 25-044 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.3. 25-049 SUBJECT: City Council Comments
REPORT IN BRIEF
February 3, 2025City Council/Public Finance and
Economic Development
Authority/Parking Authority
Meeting Agenda
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