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
Agenda — 54 items
- 1 Closed Session at 5:00 PM / Regular Meeting at 6:00 PM
- 2 NOTICE TO PUBLIC/AVISO AL PÚBLICO/CEEB TOOM RAU PEJ XEEM
- 3 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
- 4 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 reunión regular del Concejo Municipal, un paquete de agenda complete está disponible para su revisión 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 públicos relacionados con un artículo de sesión abierta que se distribuyen a la mayoría del Concejo estarán disponibles para inspección pública en la Oficina del Secretario de la Ciudad durante el horario comercial habitual. La traducción al español y al Hmong está disponible en todas la reuniones regulares. Los dispositivos auditivos asistidos están 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
- 5 PUBLIC COMMENT: OBTAIN SPEAKER CARD FROM THE CITY CLERK/COMENTARIO DEL PÚBLICO / KEV HLOOV RAU TEJ PEJ XEEM TXOG KEV TAWM SUAB, NCAUS LUS:
- 6 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 atrás de la Cámara del Concejo. Envíe la tarjeta completa al secretario de la ciudad antes de que se llame al artículo, preferiblemente antes de que comience la reunión. El material puede enviarse por correo electrónico a cityclerk@cityofmerced.org a más tardar a la 1 p.m. del día de la reunión. Especifique qué parte de la agenda está comentando, por ejemplo, el punto # de la audiencia pública, el punto # de consentimiento o los comentarios públicos. El material recibido antes de la fecha límite 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 electrónicos 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 después 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 reunión 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 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
- 9 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. SUBJECT: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Reinero v. City of Merced, et al., Case Number 18CV-03052 Pursuant to California Government Code Section 54956.9(d)(1)
- B.2. SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 615 W. 15th Street, Merced, CA APN 031-360-060; Agency Negotiator: D. Scott McBride, City Manager; Frank Quintero, Deputy City Manager; Venus Rodriguez, Finance Officer; Craig J. Cornwell, City Attorney; Negotiating Parties: California High Speed Rail Authority, Under Negotiation: Appraisal of Property Pursuant to California Government Code Section 54956.8
- B.3. SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 755 W. 15th Street, Merced, CA APN 031-360-029; Agency Negotiator: D. Scott McBride, City Manager; Frank Quintero, Deputy City Manager; Venus Rodriguez, Finance Officer; Craig J. Cornwell, City Attorney; Negotiating Parties: California High Speed Rail Authority; Under Negotiation: Appraisal of Property Pursuant to California Government Code Section 54956.8
- B.4. SUBJECT: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Mansionette Drive and Yosemite Avenue, Merced, CA APN 231-040-021; Agency Negotiators: D. Scott McBride, City Manager, Frank Quintero, Deputy City Manager, Venus Rodriguez, Finance Officer and Craig J. Cornwell, City Attorney; Negotiating Party: V. Beglinger, Cox Castle Under Negotiation: Price and Terms of Payment Pursuant to California Government Code Section 54956.8
- B.5. SUBJECT: CONFERENCE WITH LABOR NEGOTIATORS -- Agency Designated Representatives: City Manager Scott McBride, Deputy City Manager Frank Quintero, Finance Officer Venus Rodriguez, Human Resources Manager Suzanne Fierro, LCW Legal Representative Che Johnson, and LCW Legal Representative Michael Jarvis; Unrepresented Management AUTHORITY: Government Code Section 54957.6
- C. CALL TO ORDER
- C.1. Invocation - Pastor Ella Luna Garza, United Methodist Church, 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. CEREMONIAL MATTERS
- F.1. SUBJECT: Proclamation - Breast Cancer Awareness Month REPORT IN BRIEF Presented to a representative of the Merced Fire IAFF Local 1479.
- 22 Approval of the Consent Agenda
- F.2. SUBJECT: Proclamation - Constitution Week REPORT IN BRIEF Received by a representative of the Daughters of the American Revolution the Merced River Chapter.
- F.3. SUBJECT: Proclamation - Walktober/National Walk to School Day REPORT IN BRIEF Received by a representative of the Merced City School District.
- F.4. SUBJECT: Proclamation - Hispanic Heritage Month REPORT IN BRIEF Received by a representative of the Hispanic Chamber of Commerce.
- G. WRITTEN PETITIONS AND COMMUNICATIONS
- H. PUBLIC COMMENT
- 28 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
- 30 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. 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. SUBJECT: Information Only - Recreation & Parks Commission Minutes of June 24, 2024 RECOMMENDATION For information only.
- I.3. SUBJECT: Approval to Waive the Competitive Bidding Requirement and Approval of a Professional Services Agreement with 1582 Medical Corporation for the Provision of Comprehensive Occupational Medical Physicals in an Amount not to Exceed $235,625 for a Three-Year Term REPORT IN BRIEF Considers waiving the competitive bidding requirement and approving a Professional Services Agreement with 1582 Medical Corporation for the purpose of providing comprehensive occupational medical physicals to fire suppression personnel in an amount not to exceed $235,625 for a three-year term. RECOMMENDATION City Council - Adopt a motion: A. Approving to waive the competitive bidding requirement due to the vendor being vetted through Merced Fire Department; and, B. Approving a Professional Services Agreement with 1582 Medical Corporation in an amount not to exceed $235,625, for the purpose of providing comprehensive occupational medical physicals of fire suppression personnel through July 1, 2027; and, C. Authorizing the City Manager to execute the necessary documents.
- I.4. SUBJECT: Approval to Waive the Competitive Bidding Requirement and Authorize the Purchase of Three Traffic Signal Detection Systems from Iteris, Inc., in the Amount not to Exceed $75,000 REPORT IN BRIEF Considers waiving the City’s competitive bidding requirements pursuant to Merced Municipal Code Section 3.04.210 and approving the purchase of three traffic signal detection systems. RECOMMENDATION City Council - Adopt a motion: A. Waiving the City’s competitive bidding requirement as permitted by Merced Municipal Code Section 3.4.210 for purchases necessary for standardization on particular types of equipment; and, B. Approving the purchase of traffic signal detection systems from Iteris, Inc., in the amount not to exceed $75,000; and, C. Authorizing the City buyer to issue the purchase order(s); and, D. Authorizing the City Manager to execute the necessary documents.
- I.5. SUBJECT: Approval of an Early Site Access Agreement with the Merced County Regional Waste Management Authority (MCRWMA) for Early Morning Operations at the Highway 59 Landfill in the Amount of $89,250 Through June 30, 2026 REPORT IN BRIEF Considers approving an agreement with the MCRWMA for conducting early morning operations at the Highway 59 Landfill. RECOMMENDATION City Council - Adopt a motion: A. Approving an Early Site Access Agreement with the Merced County Regional Waste Management Authority in the Amount not to Exceed $89,250 through June 30, 2026; and, B. Authorizing the City Manager to execute the necessary documents.
- I.6. SUBJECT: Approval to Waive the Competitive Bidding Requirement to Allow for the Consolidation of Contracts and Purchase of Standardized Equipment and Approval of a Five Year “Officer Safety Plan 10” Agreement with Axon Enterprises Inc. to Renew and Consolidate all Axon Contracts and Upgrade Standardized Equipment to Include Conducted Energy Weapons (Known as “Tasers”) to Taser-10, Fleet Cameras with License Plate Readers Technology, Increase Body Worn Cameras from 98 to 108, Axon Interview Room, Licenses for Fusus Basic, Axon My90, and Axon Performance for the Police Department Totaling $1,812.168.51 REPORT IN BRIEF Considers waiving the competitive bidding requirement pursuant to Merced Municipal Code section 3.04.210 for purchases necessary for standardization of particular types of equipment. Also considers the approval of an “Officer Safety Plan 10” agreement with Axon Enterprises Inc. to renew and consolidate all Axon contracts and upgrade standardized equipment to include Conducted Energy Weapons (Known as “Tasers”) to Taser-10, Fleet cameras with License Plate Readers technology, Body Worn Cameras, Axon Interview Room, and purchase of 10 additional Body worn cameras. In addition, purchase Licenses for FUSUS Basic, Axon My90, Axon Performance for the Police Department for a Total Amount of $1,812.168.51 over a five-year contract period. RECOMMENDATION City Council - Adopt a motion: A. Waiving the competitive bidding requirements as stated in Section 3.04.210 of the Merced Municipal Code for standardization of equipment; and, B. Approving a Five Year renewal and consolidation Axon contract for the Police Department totaling $1,812.168.51; and, C. Authorizing the City Manager to execute the necessary documents.
- I.7. SUBJECT: Introduction of an Ordinance Amending Chapter 9.51, “Camping and Storage of Personal Property” of the Merced Municipal Code REPORT IN BRIEF Considers introducing a proposed Ordinance amending Chapter 9.51, “Camping and Storage of Personal Property” to create restrictions on camping in public spaces within the City of Merced. RECOMMENDATION City Council - Adopt a motion: A. Introducing and approving the first reading of Ordinance No. 2568, an Ordinance of the City Council of the City of Merced, California, Amending Chapter 9.51 “Camping and Storage of Personal Property” of the Merced Municipal Code; and, B. Set the Ordinance for a second reading and adoption.
- J. PUBLIC HEARINGS
- 39 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. SUBJECT: Request to Continue the Public Hearing to Consider Adoption of Resolution Declaring the Intent to Vacate the Arbor Walkway South Easement (Approximately 2,346 Square Feet) Which Would Revert Development Rights Back to the Property Owner of 534 W. Main Street, Generally Located on the South Side of Main Street, Approximately 170 Feet East of M Street (Vacation #24-01) REPORT IN BRIEF Considers continuing the public hearing for the vacation of the southern portion of the Arbor Walkway easement (approximately 2,346 square feet), at 534 W Main Street, generally located on the south side of Main Street, about 170 feet east of M street. which would revert development rights back to the adjacent property owner of 531 W. Main Street, to the regularly scheduled City Council meeting of October 7, 2024. RECOMMENDATION City Council - Adopt a motion continuing the public hearing for Vacation #24-01 to the October 7, 2024, City Council meeting.
- K. ACTION ITEMS
- K.1. SUBJECT: Approval to Submit an Application for Track Two of the Environmental Protection Agency (EPA) Community Change Grant and to Enter into a Service Agreement to Establish a Statutory Partnership with Merced County Office of Education’s (MCOE) Core Connections to Meet the Requirements of the EPA Community Change Grant REPORT IN BRIEF Considers authorizing staff to submit an application for a Track Two EPA Community Change Grant and enter into a Service Agreement to establish a Statutory Partnership with MCOE as required by the EPA Community Change Grant. RECOMMENDATION City Council - Adopt a motion: A. Approving the submission of an application for Track Two of the EPA Community Change Grant; and, B. Authorizing a service agreement to establish a statutory partnership with the Merced County Office of Education, to meet the requirements of the EPA Community Change Grant; and, C. Authorizing the City Manager to execute the necessary documents.
- K.2. SUBJECT: Administering Agency Amendment Modification Summary (E-76) - State Agreement for Federal Aid Projects and Approval to Accept Congestion Mitigation and Air Quality Improvement (CMAQ) Grant Funds, CML-5085(059) CP220066 CMAQ in the Amount of $993,417 for Traffic Signal Synchronization/Timing Along R Street, M Street, G Street, Yosemite Avenue, and Olive Avenue REPORT IN BRIEF Considers accepting $993,417 in Federal Congestion Mitigation and Air Quality (CMAQ) Grant funding for Traffic Signal Synchronization/Timing along R Street, M Street, G Street, Yosemite Avenue and Olive Avenue. RECOMMENDATION City Council - Adopt a motion: A. Accepting CMAQ grant funds in the amount of $993,417 for construction costs of traffic signal synchronization; and, B. Approving a budget amendment in the amount of $993,417 by increasing revenue in Fund 5005 - Street and Signal CIP and appropriating the same Project No. CP220066 for construction costs associated with the construction of traffic signal synchronization and timing; and, C. Approving the use of pooled cash until reimbursement is received from the grant; and, D. Authorizing the City Manager to execute the necessary documents; and,
- K.3. SUBJECT: Direction to Staff Regarding Valley Children’s Hospital’s Request for Approval for a Second Amended and Restated Grant Deed Continued from the City Council Meeting of August 19, 2024 REPORT IN BRIEF Valley Children’s Hospital (VCH) is requesting approval of Second Amended and Restated Grant Deed with changes to the terms related to Covenant to Construct and Repurchase Price. RECOMMENDATION City Council - A. Provide Direction to Staff Regarding the Extended Time Request for the Covenant to Construct, and the Amended Language to the Exercise to Repurchase Option and Repurchase Price Terms Contained in the Second Amended and Restated Grant Deed; and, B. Provide Direction to Staff Concerning Recording the Proposed Second Amended and Restated Grant Deed with the Merced County Recorder’s Office.
- K.4. SUBJECT: Adoption of a Resolution Approving the U.S. Department of Housing and Urban Development (HUD) Consolidated Annual Performance and Evaluation Report (CAPER) for Program Year 2023-24 and Authorizing Submittal of the 2023 CAPER to HUD REPORT IN BRIEF Review and approve HUD assisted activities as reported in the Draft 2023 Consolidated Annual Performance and Evaluation Report (CAPER) and authorize its submission to HUD. RECOMMENDATION City Council - Adopt a motion: A. Adopting Resolution 2024-90, A Resolution of the City Council of the City of Merced, California, Approving the 2023 Program Year Consolidated Annual Performance and Evaluation Report (CAPER); and, B. Authorizing the City Manager to execute all documents associated with the 2023 CAPER and make any minor modifications to finalize reporting data and prepare the report for submittal to HUD before the due date; and, C. Authorizing the Finance Officer to make any necessary budget adjustments, if any.
- L. REPORTS
- L.1. SUBJECT: Presentation from the City Manager’s Office on the Federal Emergency Management Agency (FEMA) Public Assistance Program as it Relates to the January 2023 and March 2023 Storms REPORT IN BRIEF Staff from the City Manager’s office will make a brief presentation on the work performed under FEMA’s Public Assistance Program to recover costs related to the January 2023 and March 2023 storms. RECOMMENDATION Information Only.
- M. BUSINESS
- M.1. SUBJECT: Selection of City of Merced Representatives to Participate in the May 2025 One Voice Program and Approval of Priority Projects REPORT IN BRIEF Council to decide City Representatives to participate in the One Voice Program scheduled for May 13 -16, 2025. RECOMMENDATION City Council - Adopt a motion: A. Selecting to send two City Council members and one staff member to the One Voice Conference May 13 - 16, 2025; and, B. Setting proposed priorities to submit to Merced County Association of Governments by October 1, 2024.
- M.2. SUBJECT: Mayor Serratto’s and Council Member Xiong’s Request to Discuss the Process and Procedures for Adding Capital Improvement Projects (CIP) to the Project List and a Discussion on Roads REPORT IN BRIEF Mayor Serratto’s and Council Member Xiong’s request for to discuss the process and procedures to adding CIPs to the project list and a discussion on roads. RECOMMENDATION Provide direction to staff on the next steps.
- M.3. 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.
- M.4. 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.
- N. ADJOURNMENT