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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />SEPTEMBER 5, 2017 <br />CLERK OF COUNCIL USE ONLY: <br />TITLE: APPROVED <br />El As PUBLIC HEARING - ADOPT AN [I As Amended nded <br />ORDINANCE TO REGULATE MOBILE ❑ ordinance on 1" Reading <br />FOOD VENDING VEHICLES AND DIRECT El ordinance on Reading <br />[I El Implementing Resolution <br />STAFF TO DEVELOP AN ELECTRICAL ❑ Set Public Hearing For <br />POWER OPTIONS PROGRAM FOR <br />MOBILE VENDORS <br />{STRATEGIC PLAN NO 5, 4} <br />Z. / , CONTINUED TO <br />FILE NUMBER <br />RECOMMENDED ACTION <br />1. Adopt an ordinance to regulate mobile food vending vehicles in the Santa Ana Municipal <br />Code. <br />2. Direct staff to return with a program to provide mobile vendors electrical power options <br />upon purchase of street lights. <br />DISCUSSION <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 (CVC) section 22455 preempted Santa Ana's ordinances because City <br />regulations were not limited to protecting public safety. Since the Court's ruling, the City of Santa <br />Ana has not been able to regulate mobile vending vehicles in our community. <br />However, concerns with the effects of unregulated mobile vending remained. In fall of 2015 the <br />City began an effort to construct a mobile vending ordinance that addressed the concerns of the <br />community, complied with State law and allowed mobile venders to provide services and operate. <br />The City conducted multiple outreach efforts to inform the public and venders and obtain input <br />from various stakeholders. These efforts are outlined in Exhibit 1- Timeline of City of Santa Ana's <br />Mobile Food Vending Vehicle Outreach Efforts with Stakeholders. <br />The proposed ordinance drafted in response to these outreach efforts was presented to City <br />Council during the spring and summer of 2017. On July 5, 2017, the City Council repealed the <br />mobile food vending ordinance to comply with the Court's decision and directed staff to evaluate <br />75C-1 <br />