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93 <br />COUNCIL AGENDA ITEMS <br />vehicles in residential areas. Speakers also raised the concern that by <br />amending Chapter 41 of the Municipal Code, the City had removed the <br />code enforcement section's use of the land use provisions to restrict <br />parking in residential driveways and streets. <br />Following the public hearing, Council debate ensued. City Attorney <br />Fletcher noted that the California Vehicle Code preempts all regulation of <br />streets regardless of whether the streets are located in a residential area. <br />He reported that the City may regulate private property, but that the <br />change to Chapter 41 of the Municipal Code was done to correspond to <br />the required changes in Chapter 36 of the Municipal Code related to <br />parking of commercial vehicles on residential streets. <br />Councilmember Bist noted that there were two issues before Council — one <br />dealing with the City's ability to regulate private property and the other with <br />limitations in restricting commercial vehicles on city streets. <br />Councilmember Bist related that she was recommending the restoration <br />of provisions dealing with off-street parking on private property in Chapter <br />41of the Municipal Code. She further requested that the Mayor send the <br />issues related to Chapter 36 and the State Vehicle Code to the Planning <br />Commission for review of alternative solutions to the problems of <br />regulating vehicles on public streets, and suggested that the Commission <br />review procedures utilized in other cities. <br />Councilmember McGuigan expressed concern that rescission of the <br />recently enacted ordinance might encourage an owner to move a <br />commercial vehicle to the street if cited on private property, thereby <br />compounding the problem of commercial vehicle street parking. <br />Motion: Instruct the City Attorney to prepare an ordinance for consideration <br />at the Council Meeting of April 3, 2000, repealing the provisions <br />contained in Ordinance NS-2419 amending Chapter 41 of the Santa <br />Ana Municipal Code, and reinstating the previous provisions. <br />MOTION: Bist SECOND: Franklin <br />VOTE: AYES: Bist, Christy, Franklin, Lutz, McGuigan, Pulido (6) <br />NOES: None (0) <br />NOT VOTING: Moreno <br />�1 WORK STUDY SESSIONS WERE CONTINUED BY INFORMAL CONSENT OF THE <br />COUNCIL TO A FUTURE COUNCIL MEETING <br />CITY COUNCIL MINUTES 92 MARCH 20, 2000 <br />