Street Closure
Moratorium:
Update and Next
Steps
PRESENTED BY:
RONDA LUCAS,
CHIEF DEPUTY CITY ATTORNEY
MAY 18, 2026 CITY OF MERCED
CITY ATTORNEY’S OFFICE; PARKS & RECREATION; PLANNING
City of Merced
City Attorney’s Office; Parks & Recreation;
Planning
May 18, 2026
2 BACKGROUND:
Merced Municipal Code Chapter 12.42 regulated temporary street closure encroachment permits, and the City’s enforcement in recent months unveiled inconsistencies and gaps in the regulatory framework and City policies and administrative processes
Continuing to operate under this structure creates a risk to public health, safety, welfare, unsafe concentrations of closures and/or arbitrary decision-making. Prior inconsistent enforcement combined with unclear standards may expose the City to potential claims of unequal or arbitrary treatment. City has a strong interest in allowing community events, parades, etc. and needs to establish a clear regulatory framework for enabling these to occur safely, orderly, and in a manner that is consistently applied.
City of Merced
City Attorney’s Office; Parks & Recreation; Planning
MAY 18, 2026
3 Existing Moratorium
Council adopted Urgency Ordinance Number 2590 that created a moratorium on utilizing Merced Municipal Code Section 12.42, with exceptions, on April 20, 2026.
Events have been successfully processed under the exception to the moratorium created by Ordinance Number 2590. The exception would also be extended under tonight’s proposed ordinance.
City of Merced
City Attorney’s Office; Parks & Recreation; Planning
MAY 18, 2026
4 Current Event Approvals
Urgency Ordinance Number 2590 allows the City Manager to administratively approve certain street closure encroachment permits.
In Downtown area, if event utilizes Bob Hart Square (“Square”), and the Square is available, event will be approved.
Outside downtown area, if event can utilize any available city-owned spaces reservable and suitable for housing events, events will be approved. City Policy A-25, Use of City and Redevelopment Agency-Owned Real Property, is outdated, does not reflect existing Merced Code, and, thus, is not being utilized.
Staff will bring a resolution to City Council to rescind this policy altogether.
City of Merced
City Attorney’s Office; Parks & Recreation; Planning
MAY 18, 2026
5 NEW ORDINANCE CONCEPT:
Allows for street closure encroachment permits, but limits our reliance on street closures, by placing events in City-created public spaces such as Bob Heart Square, Applegate Park, the Moat, etc.
“One-stop shopping” approach where, regardless of event, Parks and Recreation is the point of contact for the applicant and a single application is utilized. Requires Events be held in City-created reservable spaces, if those spaces are available and appropriate for the proposed event.
Focuses on the event.
City of Merced
City Attorney’s Office; Parks & Recreation; Planning
MAY 18, 2026
6 NEW ORDINANCE CONCEPT:
CONTINUED:
City Council approval of very unique or large events.
Event organizers must coordinate with affected businesses associated with the approved event location and Parks and Recreation Department. Staff is recommending the City stop allowing, as a routine practice, event organizers to utilize city-owned parking structures to house events. Standardized approach to fees.
City of Merced
City Attorney’s Office; Parks & Recreation; Planning
MAY 18, 2026
7 REQUESTED CITY COUNCIL ACTION:
Move to adopt tonight’s Urgency Ordinance to extend City’s temporary moratorium on street closures for a period of ten months and fifteen days. Provide input on proposed new ordinance concepts.
QUESTIONS/
COMMENTS