Report Prepared by: Craig J. Cornwell, City Attorney
Title
SUBJECT: Adoption of an Urgency Ordinance Extending a Temporary Moratorium on Street Closure Encroachment Permits Pursuant to California Government Code Section 65858
REPORT IN BRIEF
Consider adopting an urgency ordinance extending 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, for a period of ten months and 15 days, while allowing limited administrative approvals under defined criteria. This extension will provide the City time to further evaluate and implement a comprehensive regulatory framework governing street closures to ensure public safety, coordination, and consistency in application with the City’s focus on the nature of the special event going forward.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Ordinance 2592, an urgency ordinance of the City Council of the City of Merced, California, Extending for a Period of Ten Months and Fifteen Days, Pursuant to California Government Code 65858, a Temporary Moratorium on Street Closures; and
B. Directing staff to continue to study this issue and return with proposed amendments to the Merced Municipal Code to establish a comprehensive framework governing street closures, focusing on the nature of the special event, 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
On April 20, 2026, the City Council adopted Urgency Ordinance 2590 to establish a temporary moratorium on the approval, issuance, processing, or appeal of street closure encroachment permits, while allowing for limited administrative approvals under specified conditions. This approach ensured that necessary and manageable events could proceed while preventing the conditions that prompted the moratorium.
Since the April 20, 2026 moratorium, the City Manager, the City Attorney’s Office and city staff have held many internal meetings in addition to reaching out to the public and seeking their input, ideas and feedback. Staff has begun drafting a new ordinance for Council consideration based upon these discussions. In addition, the City Manager and City Attorney’s Office will be recommending the repeal of Policy A-25. To complete this work, staff needs additional time and is seeking an extension of Urgency Ordinance 2590 in accordance with California Government Code Section 65858.
Need for Interim Action
Without an extension of the moratorium, the City will revert its practice of processing and approving street closure requests under a framework that lacks clear standards and coordination. 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. This inconsistent approach 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 extends the temporary moratorium on the approval, issuance, processing, or appeal of street closure encroachment permits. After holding a noticed public hearing on this extension, the Council may extend the moratorium for a maximum period of 10 months and fifteen (15) days to allow staff to present a comprehensive framework that addresses special events and street closures for City Council to consider and adopt. Should the Council adopt this extension, the moratorium will be effective until April 2, 2027, with one additional opportunity for Council to extend the moratorium, if needed pursuant to California Government Code Section 65858.
IMPACT ON CITY RESOURCES
None at this time.
ATTACHMENTS
1. Urgency Ordinance Establishing a Temporary Moratorium on Street Closures
2. Presentation