Item 16 - Resolution Affirming the Local Enforcement to Enact Local Sidewalk Regulations

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Resolution No. 2023-XXX Page 2 of 8 WHEREAS, SB 972 built upon the policy framework included in SB 946 and further restricted local jurisdictions’ abilities to implement key food vendor regulations, including basic food safety and accessibility requirements; and WHEREAS, SB 946 and SB 972 (the “Bills”) provide for regulations by the State Department of Public Health of retail food facilities, including sidewalk vending, and require local health agencies to enforce these provisions; and WHEREAS, following the passage of SB 946, Santa Ana City Code Enforcement Officers and Orange County Health Officials have encountered a rise in negligent stationary sidewalk food vending operations, including the sale of food deemed unfit for human consumption, the presence of unventilated smoke and open flame and other devices emitting flame, fire or potential heat to sensitive groups, the obstruction of adequate sidewalk space for accessibility and safety purposes, and the spillage of food and grease impacting the surface texture of the sidewalk; and WHEREAS, cooking and heating of food through the use of outdoor fires and open flame heating equipment on public sidewalks without proper venting, fire control systems, and proper food heating and handling equipment constitute a danger to the public’s health, safety, and welfare; and WHEREAS, the consequences of these Bills have allowed, all too often, largescale stationary food vendors to take over entire sidewalk spaces, thus prohibiting reasonable access for individuals with disabilities, or pushing individuals into the roads with dangerous traffic conditions in order to navigate the lack of available safe sidewalk space; and WHEREAS, reducing the width and destabilizing the surface texture of public sidewalks designed strictly to comply with the Americans with Disabilities Act (ADA) constitutes a danger to the public’s health, safety, and welfare; and WHEREAS, the increased number of stationary sidewalk food vendors has resulted in significant time and resources from City Code Enforcement Officers, County Health Officials, and local law enforcement to deal with the aforementioned issues. The focus on stationary sidewalk food vendors means that these public resources are not available to respond to other needs throughout the City; and WHEREAS, with the provisions of SB 972 recently taking effect, the City has experienced a proliferation in the number of stationary sidewalk food vendors and has been further restricted in its abilities for regulating sidewalk activities; and WHEREAS, with the provisions of SB 972 recently taking effect, the City is further restricted in its ability to ensure that that the food being offered is safe for consumption; and WHEREAS, with the provisions of SB 972 recently taking effect, the City is further restricted in its ability to ensure that residents and visitors have adequate access to public sidewalks; and