Report Prepared by: Craig J. Cornwell, City Attorney
Title
SUBJECT: Adoption of an Urgency Ordinance Establishing a Temporary Moratorium on Street Closure Encroachment Permits Pursuant to California Government Code Section 65858
REPORT IN BRIEF
Considers adopting an urgency ordinance establishing a temporary moratorium on the approval, issuance, processing, or appeal of street closure encroachment permits under Merced Municipal Code Section 12.42 and other administrative policies, while allowing limited administrative approvals under defined criteria. The moratorium will provide the City time to evaluate and implement a comprehensive regulatory framework governing street closures to ensure public safety, coordination, and consistency in application.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Ordinance 2590, An urgency Ordinance of the City Council of the City of Merced, California, establishing a temporary moratorium on street closures, pursuant to California Government Code Section 65858; and
B. Directing staff to study and return with proposed amendments to the Merced Municipal Code to establish a comprehensive framework governing street closures, including distinctions between parades, community events, and other uses of the public right-of-way.
Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Approve, subject to conditions other than as recommended by staff; or,
3. Deny; or,
4. Continue to a future meeting.
AUTHORITY
California Government Code Section 65858
DISCUSSION
Background
The City regulates temporary street closures and use of City-owned properties through Merced Municipal Code Section 12.42 and related administrative policies. These regulations include a requirement that no new street closure request be considered within sixty (60) days of a prior authorization.
In recent months, the City’s enforcement of these long-standing provisions has highlighted inconsistencies in prior application and revealed gaps in the current regulatory framework governing street closures contributing to a decline in public safety health and welfare.
Current Issues
The existing regulatory structure does not distinguish between different types of street closures, including parades, community events, and private uses of the public right-of-way. As a result:
-Requests are evaluated without a clear categorization framework
- Scheduling and spacing of closures lack consistency
- Administrative processes are inefficient and difficult to apply uniformly
Additionally, the absence of a coordinated framework creates the potential for:
- Overlapping or closely timed street closures
- Impaired traffic circulation
- Reduced emergency vehicle access
- Increased strain on Police, Fire, and Public Works resources
The City also faces possible exposure to claims of arbitrary or inconsistent treatment due to prior uneven enforcement of existing requirements.
Need for Interim Action
Without immediate action, the City would continue to process and approve street closure requests under a framework that lacks clear standards and coordination. This could result in either unsafe concentrations of street closures or continued inconsistent decision-making, both of which present risks to public health, safety, and welfare.
Proposed Moratorium
The proposed urgency ordinance establishes a temporary moratorium on the approval, issuance, processing, or appeal of street closure encroachment permits. The moratorium is limited to forty-five (45) days, unless extended in accordance with State law.
Administrative Exceptions
To maintain operational flexibility, the ordinance allows for limited administrative approvals where:
- No material adverse impact to traffic or emergency access will occur
- Adequate spacing and coordination are maintained
- City staffing and public safety resources are not strained
- All relevant departments (Planning, Police, Fire, Engineering, and Public Works) approve the closure
- Written findings are made demonstrating consistency with public health and safety
This approach ensures that necessary and manageable events may proceed while preventing the conditions that prompted the moratorium.
Next Steps
During the moratorium period, staff will evaluate the current regulatory structure, develop a framework distinguishing between types of street closures, establish clear scheduling, spacing, and safety standards, and return to City Council with proposed amendments to the Merced Municipal Code.
IMPACT ON CITY RESOURCES
None at this time.
ATTACHMENTS
1. Urgency Ordinance 2590 Establishing a Temporary Moratorium on Street Closures
2. Administrative Policies and Procedures A-25
3. Merced Municipal Code Section 12.42