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Resolution No. 2023-XXX
<br />Page 1 of 8
<br />RESOLUTION NO. 2023-XXX
<br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
<br />ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AFFIRMING
<br />ITS DEDICATION AND ITS PRIORITY TO PROTECT THE HEALTH,
<br />SAFETY AND WELFARE OF ITS RESIDENTS, VISITORS, AND
<br />BUSINESS OWNERS IN THE ENFORCEMENT OF STATE
<br />SIDEWALK VENDOR REGULATIONS, THE FEDERAL AMERICANS
<br />WITH DISABILITIES ACT OF 1990 AND OTHER DISABILITY ACCESS
<br />STANDARDS, AND ALL LOCAL REGULATIONS PERTAINING TO
<br />THE USE AND MAINTENANCE OF PUBLIC SIDEWALKS AND
<br />OTHER PEDESTRIAN PATHWAYS, AND URGING THE STATE
<br />LEGISLATURE OF THE STATE OF CALIFORNIA TO AMEND STATE
<br />LAW AND ALLOW LOCAL JURISDICTIONS THE RIGHT OF SELF-
<br />DETERMINATION TO ENACT LOCAL SIDEWALK REGULATIONS
<br />WHEREAS, the City Council of SANTA ANA, CALIFORNIA is committed to
<br />supporting an inclusive, thriving, vibrant, and healthy community, regardless of race,
<br />ethnicity, age, gender, religion, sexual orientation, gender identity, gender expression,
<br />disability, economic status and other diverse backgrounds; and
<br />WHEREAS, the government of SANTA ANA, CALIFORNIA is a chartered city as
<br />defined under California Government Code Section 51036(d); and
<br />WHEREAS, the City of SANTA ANA, CALIFORNIA has experienced an
<br />exponential increase in the number of unpermitted stationary sidewalk food vendors
<br />within its jurisdiction since Senate Bill 946 was enacted; and
<br />WHEREAS, the global Coronavirus disease 2019 (COVID-19) pandemic caused
<br />by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) resulted in
<br />fundamental shifts in the ways in which consumers purchase household groceries and
<br />food through deliveries, pickup, mobile vending, food delivery, and to-go ordering; and
<br />WHEREAS, in response to this fundamental shift, the State and local jurisdictions
<br />enacted temporary and permanent regulatory changes surrounding the food industry,
<br />enabling, among others, sidewalk vending; and
<br />WHEREAS, Senate Bill (SB) 946 was signed into law on September 17, 2018, and
<br />became effective January 1, 2019; and
<br />WHEREAS, SB 946 severely limits the authority of cities and counties to regulate
<br />sidewalk vendors, except in accordance with Government Code Sections 51038 and
<br />51039; and
<br />WHEREAS, SB 972 was signed into law September 23, 2022, and became
<br />effective January 1, 2023; and
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