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Meeting date/time:
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11/18/2024
6:00 PM
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Minutes status:
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Draft
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Meeting location:
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City Council Chamber, 2nd Floor, Merced Civic Center, 678 W. 18th Street, Merced, CA 95340
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24-1140
| 1 | B.1. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant Exposure to Litigation. Three (3) Potential Cases. Pursuant to California Government Code Section Gov. Code § 54956.9(d)(2) | | |
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24-1141
| 1 | B.2. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Daniel Richardson v. City of Merced WCAB Fresno, Case Numbers ADJ18731051, ADJ13523794, ADJ14557235, ADJ18702223, ADJ15608483; Pursuant to California Government Code Section 54956.9(d)(1) | | |
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24-1146
| 1 | B.3. | | Closed Session Item | SUBJECT: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of case: Miguel Gallegos v. City of Merced; Workers’ Compensation Appeals Board Case Numbers STK-ADJ 11334105, STK-ADJ 12611948, STK-ADJ 11334059 and STK-ADJ 11340752; Authority: Government Code Section 54956.9(d)(1)) | | |
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24-1158
| 1 | B.4. | | Closed Session Item | 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; Employee Organizations: Merced Police Officers’ Association (MPOA) and Merced Association of Police Sergeants (MAPS). AUTHORITY: Government Code Section 54957.6 | | |
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24-1159
| 1 | B.5. | | Closed Session Item | 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; Employee Organizations: International Association of Fire Fighters, Local 1479. AUTHORITY: Government Code Section 54957.6 | | |
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24-1164
| 1 | B.6. | | Closed Session Item | 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; Employee Organizations: Public Safety Managers, Unrepresented Managers, and Executive Managers. AUTHORITY: Government Code Section 54957.6 | | |
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24-1151
| 1 | F.1. | | Ceremonial Matter Item | SUBJECT: Proclamation - Native American Heritage Month
REPORT IN BRIEF
Accepted by members of a Native American Tribe. | | |
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24-1152
| 1 | F.2. | | Ceremonial Matter Item | SUBJECT: Proclamation - Hmong Flute Masters NujSisLoob Appreciation Day
REPORT IN BRIEF
Accepted by the "NujSisLoob" community volunteer group. | | |
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24-1079
| 1 | I.1. | | Consent Item | 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. | | |
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24-1050
| 1 | I.2. | | Consent Item | SUBJECT: Information Only - Planning Commission Minutes of July 3, 2024, August 7, 2024, August 21, 2024, and September 18, 2024
RECOMMENDATION
For information only. | | |
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24-1051
| 1 | I.3. | | Consent Item | SUBJECT: Information Only - Site Plan Review Minutes of July 25, 2024, and September 26, 2024
RECOMMENDATION
For information only. | | |
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24-508
| 1 | I.4. | | Consent Item | SUBJECT: Approval of City Council/Public Financing and Economic Development/Parking Authority/Successor Agency to the Redevelopment Agency Meeting Minutes of May 6, 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 May 6, 2024. | | |
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24-1037
| 1 | I.5. | | Consent Item | SUBJECT: Adoption of a Resolution Approving Final Map #5419 for Crossing at River Oaks Phase 4, Subdivision for 43 Lots at Coffee Street and Childs Avenue, and the Approval of the Subdivision Agreement for the Crossing at River Oaks Phase 4
REPORT IN BRIEF
Considers adopting the Final Map #5419 for 43 lots, located between Coffee Street and Campus Parkway, south of Childs Avenue, and the Subdivision Agreement for the Crossing at River Oaks, Phase 4 Subdivision.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving Resolution 2024-107, a Resolution of the City Council of the City of Merced, California, approving the Final Subdivision Map for the Crossing at River Oaks, Phase 4 Subdivision (#5419); and,
B. Approving the Subdivision Agreement for the Crossing at River Oaks, Phase 4 Subdivision; and,
C. Authorizing the City Manager to execute all necessary documents. | | |
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24-1064
| 1 | I.6. | | Consent Item | SUBJECT: Adoption of Resolution Acknowledging Receipt of the Merced Fire Department’s Annual State Mandated Inspection Compliance Report Regarding the Inspection of Certain Occupancies for the Reporting Period of October 1, 2023, Through September 30, 2024, Pursuant to California Health and Safety Code §13146.4
REPORT IN BRIEF
Considers adopting a Resolution acknowledging receipt of the Merced Fire Department’s Annual Compliance Report regarding performance of annual inspections pursuant to California Health and Safety Code (HSC) §13146.4.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2024-105, a Resolution of the City Council of the City of Merced, California, acknowledging receipt of a report made by the Fire Chief of the Merced Fire Department regarding the inspection of certain occupancies required to perform annual inspections in such occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code. | | |
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24-777
| 1 | I.7. | | Consent Item | SUBJECT: Authorization to Donate Surplus Self Contained Breathing Apparatus and Related Equipment to Merced College Fire Technology Program
REPORT IN BRIEF
Considers authorizing to donate a surplus Self-Contained Breathing Apparatus (SCBA) and spare bottles previously used by the Fire Department to the Merced College Fire Technology program.
RECOMMENDATION
City Council - Adopt a motion:
A. Authorizing the donation of surplus self-contained breathing apparatus (SCBA), related equipment and air bottles to the Merced College Fire Technology program; and,
B. Approving the Full Release and Indemnity Agreement with Merced College and authorizing the City Manager execute all necessary documents. | | |
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24-1109
| 1 | I.8. | | Consent Item | SUBJECT: Award Bid to Clyde G. Steagall, Inc. for the WWTP Transformer Replacement Project, Project Number CP240031, in the Amount of $ 606,519
REPORT IN BRIEF
Considers awarding a Construction Contract to Clyde G. Steagall, Inc. in the amount of $ 606,519 for the WWTP Transformer Replacement project.
RECOMMENDATION
City Council - Adopt a motion:
A. Awarding the WWTP Transformer Replacement, Project CP240031 to Clyde G. Steagall, Inc. in the amount of $ 606,519; and,
B. Authorizing the City Manager to execute the necessary documents and to approve change orders not to exceed 15% of the total contract. | | |
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24-1117
| 1 | I.9. | | Consent Item | SUBJECT: Adoption of a Resolution Setting a Public Hearing on December 16, 2024, for the Annual Compliance Report for Development Impact Fees as Required by Government Code Section 66000 et. seq. and City Council Resolution 88-72
REPORT IN BRIEF
Considers adopting a Resolution to set a Public Hearing for December 16, 2024, to accept public comment and consider approving the annual report regarding the collection and spending of Development Impact Fees.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2024-108, a Resolution of the City Council of the City of Merced, California, establishing a date when the final annual report of development fees will be available for public review, and setting a Public Hearing thereon for December 16, 2024. | | |
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24-1129
| 1 | I.10. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Amending Section 20.44.170, “Regulation of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required,” of Merced Municipal Code to Allow City Council Consideration of Alternative Sites for Retail Cannabis Business Applications Under Appeal, and Include a Local Ownership Element for Cannabis Retail Permits Issued after November 3, 2021
REPORT IN BRIEF
Second reading and final adoption of an Ordinance amending section 20.44.170, “Regulation of Commercial Cannabis Activities - Commercial Cannabis Business Permit Required,” of Merced Municipal Code to Allow City Council Consideration of Alternative Sites for Retail Cannabis Business Applications Under Appeal, and Include a Local Ownership Element for Cannabis Retail Permits Issued after November 3, 2021.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2571, an Ordinance of the City Council of the City of Merced, California, Amending Section 20.44.170. “Regulation of Commercial Cannabis Activities - Commercial Cannabis Business Permit | | |
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24-1130
| 1 | I.11. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Adding Chapter 8.60, “Vacant Building Limitations and Standards” to the Merced Municipal Code
REPORT IN BRIEF
Second reading and final adoption of an Ordinance adding Chapter 8.60, “Vacant Building Limitations and Standards” to create restrictions on ownership of commercial and residential vacant properties.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2573, an Ordinance of the City Council of the City of Merced, California, Adding Chapter 8.60 “Vacant Building Limitations and Standards” to the Merced Municipal Code. | | |
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24-1131
| 1 | I.12. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Amending Chapter 8.22 to Add Fireworks Host Liability and Enforce Stricter Penalties
REPORT IN BRIEF
Second reading and final adoption Ordinance amending Chapter 8.22 to Fireworks Host Liability and enforce stricter penalties.
RECOMMENDATION
City Council - Adopt a motion adopting an Ordinance 2570, an Ordinance of the City Council of the City of Merced, California, amending Chapter 8.22 (Fireworks) to add Fireworks Host Liability; Enforce Stricter penalties; and Reorder/Renumber Certain Sections. | | |
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24-1144
| 1 | I.13. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Adding Chapter 9.80, “Recreational Vehicle Parking Regulations” to the Merced Municipal Code
REPORT IN BRIEF
Second reading and final adoption of an Ordinance adding Chapter 9.80, “Recreational Vehicle Parking Regulations” prohibiting on-street parking from all residential zones in the City of Merced.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 2572, an Ordinance of the City Council of the City of Merced, California, Adding Chapter 9.80 “Recreational Vehicle Parking Regulations” to the Merced Municipal Code | | |
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24-1150
| 1 | I.14. | | Consent Item | SUBJECT: Second Reading and Final Adoption of an Ordinance Amending Chapter 9.51, “Camping and Storage of Personal Property” of the Merced Municipal Code
REPORT IN BRIEF
Second reading and final adoption of an Ordinance amending Chapter 9.51, “Camping and Storage of Personal Property” to create restrictions on camping in public spaces with the City of Merced.
RECOMMENDATION
City Council - Adopt a motion adopting Ordinance 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 | | |
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24-1143
| 1 | J.1. | | Public Hearing Item | SUBJECT: Public Hearing - Vacation #24-02 - Initiated by Merced Security Storage, LLC, to Abandon an Undeveloped 10-Foot-Wide Storm Drain Easement at 1965 West Olive Avenue
REPORT IN BRIEF
Considers approving the vacation of an approximately 13,850-square-foot easement at 1965 West Olive Avenue, generally located on the north side of West Olive Avenue, approximately 815 feet east of North Highway 59.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2024-106, A Resolution of the City Council of the City of Merced, California, ordering the vacation of the 10-foot-wide easement along the eastern edge of 1965 West Olive Avenue, (approximately 13,850 square feet), which would revert development rights to the property owner of 1965 West Olive Avenue (Vacation #24-02). | | |
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24-1149
| 1 | K.1. | | Action Items | SUBJECT: Introduction of an Ordinance of the City Council of the City of Merced, California, Repealing Chapter 8.50, “Foreclosed and Vacant Homes,” of the Merced Municipal Code Enacted by Ordinance No. 2337
REPORT IN BRIEF
Consideration of draft Ordinance Repealing Chapter 8.50, “Foreclosed and Vacant Homes,” of the Merced Municipal Code Enacted by Ordinance No. 2337.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing and approving the first reading of Ordinance 2574, an Ordinance of the City Council of the City of Merced, California, Repealing Chapter 8.50, “Foreclosed and Vacant Homes,” of the Merced Municipal Code Enacted by Ordinance No. 2337; and,
B. Set the Ordinance for a second reading and adoption. | | |
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24-1148
| 1 | K.2. | | Action Items | SUBJECT: Approval of a First Amendment to the Professional Service Agreement with Provost & Pritchard Engineering Group, Incorporated, for Monitoring Well Installation, Ground Water Sampling, Preparation of a Work Program, and Ground Water Monitoring Report for the Airport Remediation Site Investigation and a Supplemental Appropriation in the Amount of $371,400 from Fund 6001 Water Operations
REPORT IN BRIEF:
Considers approving a first amendment to a Professional Services Agreement for additional monitoring wells, sampling, work program and investigation at the Airport Remediation Site as required by the California Regional Water Quality Control Board in the amount of $371,400 for a contract total of $453,565.
RECOMMENDATION
City Council - Adopt a motion:
A. Approving the First Amendment to the Professional Services Agreement with Provost & Pritchard Engineering Group, Incorporated, in the amount $371,400.00 for monitoring wells installation, ground water sampling, preparation of a work program, ground water monitoring for the Airport Remediation Site Investigation; and,
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24-1006
| 1 | K.3. | | Action Items | SUBJECT: Approval of a Supplemental Appropriation in the Amount of $19,065 from Fund 1020 Affordable Housing and Approval of Professional Services Agreement with RSG Solutions in the Amount of $94,065 to Include Preparation of the 2025-2029 Five-Year Consolidated Plan, 2025 First-Year Annual Action Plan, Analysis of Impediments to Fair Housing Choice, and Updates to the Citizen Participation Plan; and, to Assist the Housing Division with Comprehensive Updates to its Federal Program Policies and Procedures
REPORT IN BRIEF
Considers approving a Professional Services Agreement with RSG Solutions in the amount of $94,065 to prepare the 2025-2029 Five-Year Consolidated Plan, 2025 First-Year Annual Action Plan, Analysis of Impediments to Fair Housing Choice, and updates to the Citizen Participation Plan, and to assist the Housing Division with necessary comprehensive updates to its Federal Program Policies and Procedures, as required by the U.S. Department of Housing and Urban Development (HUD), to ensure overall compliance with management of the City’s CDBG, HOME, and other Federal fund | | |
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24-1083
| 1 | K.4. | | Action Items | SUBJECT: Accepting and Appropriating Grant Funding in the Amount of $2,500 for FY 2024-2025 Merced County First 5 Community Engagement Event Sponsorship Program for Breakfast with Santa
REPORT IN BRIEF
Considers accepting and appropriating grant funding in the amount of $2,500 from First 5 Merced County Breakfast with Santa
RECOMMENDATION
City Council - Adopt a motion:
A. Accepting grant funds from First 5 Merced County and increasing revenue in Fund 1018-Parks and Community Service, Contribution account in the amount of $2,500; and,
B. Appropriating the same in Fund 1018-Parks and Community Service, Operating Materials, Services and Supplies; and,
C. Authorizing the City Manager to execute the necessary documents. | | |
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24-848
| 1 | K.5. | | Action Items | SUBJECT: Approval of Designation of the Western Portion of Fahrens Park for the Development of a Multi-Use Natural Trail within the Flood Basin
REPORT IN BRIEF
Considers approving Parks & Community Services’ request for designation of the western portion of Fahrens Park for the addition of a natural trail within the basin between Rascal Creek along Buena Vista and Yosemite Avenue. The trail would serve as a mixed-use path for additional recreation within the park such as biking and running.
RECOMMENDATION
City Council - Adopt a motion approving the designation of Fahrens Park west for the development of a multiuse natural trail within the flood basin between rascal creek and Yosemite Avenue. | | |
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24-1078
| 1 | L.1. | | Business Item | 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. | | |
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24-1077
| 1 | L.2. | | Business Item | 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. | | |
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