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Item 16 - Resolution Affirming the Local Enforcement to Enact Local Sidewalk Regulations
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03/07/2023 Special and Regular
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Item 16 - Resolution Affirming the Local Enforcement to Enact Local Sidewalk Regulations
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8/11/2023 9:30:49 AM
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Agenda Packet
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Clerk of the Council
Item #
16
Date
3/7/2023
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Resolution No. 2023-XXX <br />Page 6 of 8 <br />Section 3. The City of Santa Ana affirms its dedication and its priority to protect <br />the health, safety and welfare of its residents, visitors, and business owners in the <br />enforcement of State sidewalk vendor regulations, the federal Americans with Disabilities <br />Act of 1990 (Public Law 101-336) and other disability access standards, and all local <br />regulations pertaining to the use and maintenance of public sidewalks and other <br />pedestrian pathways. <br />Section 4. The City of Santa Ana urges the State Legislature of the State of <br />California to introduce and adopt legislation to amend SB 946 and SB 972 to specifically <br />allow local jurisdictions the right of self-determination to enact local regulations that: <br />a. Protect and preserve the health, safety, and welfare of Santa Ana residents, <br />visitors, and business owners; and <br />b. Maintain an equitable, diverse, and inclusive business environment in Santa <br />Ana wherein all types of economic activity are subject to equitable regulations <br />that protect the health of employees and consumers; and <br />c. Uphold the goals and policies of the Land Use Element and the Economic <br />Prosperity Element of the Santa Ana General Plan; and <br />d. Amend Government Code Sections 51036-51039: <br />i. Section 51037(d) is added to Part 1 of Division 1 of Title 5 of the <br />Government Code, to read: Nothing in this chapter shall be construed to <br />affect the applicability of the federal Americans with Disabilities Act of <br />1990 (Public Law 101-336) and other disability access standards. <br />ii. Section 51037(e) is added to Part 1 of Division 1 of Title 5 of the <br />Government Code, to read: Nothing in this chapter shall be construed to <br />affect the ability of a local authority, by ordinance or resolution, to adopt <br />requirements to maintain sanitary conditions upon a public sidewalk or <br />other pedestrian path. <br />Section 5. This Resolution shall take effect immediately upon its adoption by the <br />City Council, and the Clerk of the Council shall attest to and certify the vote adopting this <br />Resolution. <br />ADOPTED this ____ day of ________, 2023. <br /> <br />_______________________ <br />Valerie Amezcua <br />Mayor
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