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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />FEBRUARY 7, 2017 <br />TITLE: <br />PUBLIC HEARING - ADOPT AN <br />ORDINANCE TO REGULATE MOBILE <br />FOOD VENDING VEHICLES <br />{STRATEGIC PLAN NO 5,4) <br />rm, <br />CITR MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />TIT10067PR <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 16' Reading <br />❑ Ordinance on 2 "d Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Adopt an ordinance repealing existing mobile food vehicle regulations in the Santa Ana Municipal <br />Code and replacing them with new regulations. <br />DISCUSSION <br />Santa Ana's leadership and community have expressed safety concerns with mobile food <br />vending vehicles that pose traffic hazards and /or special danger to the safety and welfare of <br />children and residents. The City's intent is to provide clear and concise regulations with regard <br />to mobile food vending vehicles to ensure public safety and prevent traffic hazards, preserve the <br />peace, and safeguard the welfare of the community. <br />In December 1994, the City Council adopted regulations for vending vehicles. Subsequently in <br />2004 and 2005, the City Council adopted regulations by Ordinances NS -2655 and NS -2701, <br />which were challenged by an action filed at the Orange County Superior Court (Vasquez v. City <br />of Santa Ana - Case No. 05CC13450). The Court ruled in favor of the plaintiffs, finding that <br />California Vehicle Code section 22455 preempted Santa Ana's ordinances because City <br />regulations were not limited to protecting public safety. Following the Vasquez case, the City was <br />restrained from enforcing regulations on mobile food vending vehicles even though Vehicle Code <br />section 22455 allows a local authority to adopt additional requirements for mobile vending, <br />restricting the time, place and manner of vending in order to protect public safety. <br />In a collaborative effort to obtain input on this issue, City staff held meetings with community <br />stakeholders impacted by mobile food vending. Participants in these meetings included <br />representatives from the mobile vending industry, Comm -Link, Pico - Lowell Neighborhood <br />Association, Orange County Health Care Agency, and representatives from the business <br />community. City staff from the Planning and Building Agency, Santa Ana Police Department, <br />Community Development and Public Works Agency also participated in the meetings. In <br />addition, City staff researched best practices from other cities that had mobile vending <br />75A -1 <br />