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Councilmember Benavides, suggested a 30 day continuance. <br />Councilmember Solorio, asked that presentation be shared with the public. <br />City Attorney Carvalho, provided background on the issue — nuisance, trash, <br />public urination, illegal vending and other complaint and non -enforcement; <br />Courts had ordered that certain sections not enforced; proposal is legal findings <br />and not punitive but protect the safety of our community. <br />Councilmember Sarmiento, need to reach out to Judge Carter and plaintiffs in <br />previous case to avoid litigation. <br />Alvaro Nunez, Code Enforcement Manager presented staff report: <br />Legislative parameters <br />■ Adopt the recommended revisions to the City's Municipal Code related to <br />Mobile Food Vending Vehicles. <br />• Repeal existing ordinance <br />• Adopt New Ordinance <br />■ City Council Direction <br />• Respond to resident concerns <br />• Balance stakeholders Input with State and County Pre -requisites <br />• Upgrade regulations to current case-law and sustain legal challenge <br />• Address Public safety issues <br />• Compliance with Orange County Health standards <br />• Address joint use of private & public property <br />• Trash and litter accumulation <br />• Unsanitary Conditions <br />Legislative History <br />■ 1994 — City adopted ordinance to regulate mobile vending <br />■ 1997 — Court injunction to cease enforcement of the regulations due to non- <br />conformance with State Regulations <br />■ Legislative History <br />■ 2004/05 — City adopted new regulations <br />■ 2006 — Ordinance challenged in both State and Federal Court <br />• State Superior Court issued injunction to cease enforcement of: <br />• Hours of operation <br />■ Requirement to move every 90 minutes <br />• Revocation of City permits <br />■ Federal District Court issued a Temporary Restraining Order prohibiting <br />enforcement of all aspects of the ordinance. <br />Role of mobile vending in the community <br />• Provides close access to food and other convenience items in dense <br />neighborhoods <br />• Easily accessible to those without transportation <br />• Sometimes extend credit for purchases <br />CITY COUNCIL MINUTES 22 FEBRUARY 7, 2017 <br />1 OB -22 <br />