Merced City Council Meeting – November 17, 2025

The Merced City Council convened on Monday, November 17, 2025, at 6:03 PM (following a 5:04 PM closed session) in the City Council Chamber. The meeting included a public hearing on a major mixed-use appeal and development, a speed limit ordinance, multiple consent items, action items, and discussions on council ethics and the process to fill a vacant council seat. All six council members were present; Council Member Dupont recused himself from two items due to conflicts of interest.

Consent Calendar

• H.1–H.4, H.6, H.9 were approved unanimously as part of the consent agenda, including waiving reading of ordinances, approving previous meeting minutes, authorizing the 2025 Christmas Parade street closure and in‑kind services, setting a public hearing for the 2025 Building & Fire Codes, increasing the Main Street Directional project contingency by $179,197.59 (total $324,068.30), and setting a public hearing for the Development Impact Fee annual report.
• H.5 (Fire Inspection Report) – Pulled by Council Member Xiong. Discussion centered on the number of inspections (568 reported), the lack of a public list of failed properties, and ties to an upcoming anti‑slumlord ordinance. Approved 6‑0.
• H.7 (Bear Creek Levee Repair Contract) – Pulled due to Council Member Harris’s recusal (client of his firm). Ratified the $1,061,822.88 contract with Rolfe Construction for 2023 flood repairs. Approved 5‑0 (Harris recused).
• H.8 (McKee Road MOU with County) – Pulled by Council Member Xiong, who opposed the project, stating the city should prioritize roads most complained about by residents. Council Member Smith and Mayor Serratto supported it as a long‑demanded road. Approved 5‑1 (Xiong opposed).

Public Comments & Testimony

• Cindy Kelly criticized Council Member Xiong’s social media post comparing council actions to the KKK, calling it defamatory and urging an apology.
• Marilyn Sobel (Merced Farm Workers Mutual Aid Fund) praised Xiong for supporting farm‑working families and urged his continued advocacy on affordable housing, youth investment, and immigrant safety.
• Aggie Freeman called on Xiong to publicly apologize for his social media post.
• Karthik Prasad thanked the city for the Veterans Parade and gave a federal update on behalf of Congressman Adam Gray, noting SNAP/CalFresh benefits were restored and efforts to protect Medicaid.
• Kim Garner (Central Valley Opportunity Fund) promoted upcoming Christmas events, including the tree lighting and holiday parade.
• Crissy Gallardo objected to the council’s decision to remove the Pride flag while flying a Christian flag, linking the action to exclusionary values.
• Jazz Diaz supported Xiong and connected the Christian flag to Christian nationalism, urging anti‑racist action.
• Sergio Carrera (UC Merced student) noted growth in North Merced but disparity with South Merced, asking for more balanced investment.
• Yeva echoed concerns about Christian nationalism, racism, and the North‑South economic divide.
• During Public Hearing I.1, eight speakers testified: Todd and Keaton Bender (applicants) described project revisions and asked for support; Robert and Carol Dinuzzo (appellants) argued the self‑storage use was incompatible and urged rejection; Tom Clendenin, Lee Boese, Xeva, Marilyn Sobel, and Michelle Porras all opposed the storage facility while supporting the housing component, and asked council to separate the two decisions.
• During the Speed Limit Hearing (I.2), no public comments were made.
• During the Code of Conduct discussion (L.1), six public speakers opposed the proposed revision, calling it retaliation against Council Member Xiong, and expressed concerns about free speech and political weaponization.
• During the District 2 vacancy discussion (L.2), Marilyn Sobel urged a special election instead of an appointment, citing insufficient time for candidates to apply.

Discussion Items

• I.1 – Yosemite/Parsons General Plan Amendment & Self‑Storage Appeal: Associate Planner Valeria Renteria presented the project history. The applicant had reduced the residential density from 41 to 28 lots, changed to low‑medium density, restricted lots 1–15 to single‑story, widened roads, and limited self‑storage hours to 7 AM–7 PM. The appellant and neighbors raised concerns about compatibility, landscaping, heat island effects, and the risk of the storage being built first while housing stalls. Council discussed options: approve in whole, deny, or split the decision. Council Member Smith (district incumbent) favored granting the appeal for the general plan amendment and site utilization plan (housing/storage overall) but denying without prejudice the site plan review and minor use permits (storage‑specific) to allow the developer to refine the storage design with more greenery and heat‑reducing features. The motion carried 4‑1 (Xiong no, Dupont recused). Ordinance 2585 (land‑use change) was introduced on a 4‑0‑1 vote (Xiong absent, Dupont recused).
• I.2 – Speed Limit Ordinance (Ordinance 2584): City Engineer Daryl Jordan and JLB Traffic Engineering presented a citywide speed study of 237 segments: 145 unchanged, 77 lowered, 15 raised. Council members raised concerns about raised limits on M Street, North Bear Creek, and other corridors, particularly regarding safety and infrastructure. Mayor Pro Tem Boyle and Council Member Xiong argued for more analysis of the raised segments. A motion was made to approve all lowered recommendations and continue the public hearing for further study of the raised limits, with the city attorney recommending a continued first reading. The motion passed unanimously (6‑0).
• J.1 – LTF Claim ($756,873): Funds for Mission Avenue Road Rehabilitation. Approved unanimously.
• J.2 – Affordable Housing Supplemental Appropriation ($218,000): Approved 5‑1 (Xiong opposed, arguing affordable housing funds should not be used for administrative costs).
• J.3 – Preliminary Annexation Support (366 acres at Tyler & Mission): Acting Planning Manager Jonnie Lan presented the pre‑annexation application by Buildco, proposing up to 1,300 residential units, a school, commercial, business park, and open space in South Merced, adjacent to Community Park 42. Council supported the project for its potential to balance North‑South development. Approved 5‑1 (Xiong no, citing lack of affordable housing density and risk of county islands).
• K.1 – Clock Replacement Grant: Director Chris Jensen reported a $27,000 matching grant from Central Valley Opportunity Fund for the Bob Hart Square clock replacement, with community fundraising (t‑shirt sales, donations) needed to reach the $77,000 total. Existing clock will be donated to the Merced Historical Society. Information only, no vote.
• L.1 – Council Code of Conduct Revisions: Council Member Harris presented proposed changes to Resolution 2024‑65 to add a censure procedure. Council discussed definition of a complaint, balance between accountability and free speech, and concerns about weaponization. Council Member Xiong argued the revision was motivated by his social media post. No vote; Harris will take the resolution back to the Ethics and Governance Subcommittee.
• L.2 – District 2 Vacancy Appointment Format: Council agreed on a special meeting December 2, 2025 at 6 PM (with possible continuation to December 3). Each of the six applicants will receive 15 minutes: opening (why they want the job), four predetermined questions (council’s appointment criteria, vision/infrastructure for District 2, worst road/infrastructure, favorite thing about District 2), and a closing statement. Public comment will be limited to 2 minutes per speaker (reducible to 1 minute if over 20 speakers). No public comment on non‑agenda items. Candidates will sit at a table in front of the council.
• L.3 – One Voice Program (May 2026): Council selected Mayor Pro Tem Boyle and Council Member DuPont as representatives. Priority projects for federal advocacy: Highway 59 Bridge widening, Bear Creek flood infrastructure, and a side meeting with the FAA on airport runway improvements. Public safety communications infrastructure was noted for federal earmark requests. Approved unanimously.

Key Outcomes

• Appeal #25‑0004 granted in part: General Plan Amendment and Site Utilization Plan approved; Site Plan Review and Minor Use Permit denied without prejudice (4‑1, Dupont recused).
• Ordinance 2585 (land‑use change for the Yosemite/Parsons project) introduced (4‑0‑1).
• Speed Limit Ordinance 2584: lowered speed limits approved; raised speed limits sent for further analysis; public hearing continued to a future first reading (6‑0).
• LTF claim ($756,873), affordable housing transfer ($218,000), and preliminary annexation support (366 acres) all approved with one dissenting vote (Xiong) each.
• Bear Creek levee contract ratified ($1,061,822.88, 5‑0, Harris recused); McKee Road MOU approved ($995,000, 5‑1).
• Council will hold a special meeting on December 2, 2025 (with possible continuation to December 3) to appoint a District 2 council member using a 15‑minute question‑based format with limited public comment.
• Council established priority projects for the May 2026 One Voice trip: Highway 59 Bridge, Bear Creek, FAA airport meeting, and public safety communications infrastructure.