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 ga...
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