HomeMy WebLinkAbout11B - ORD MOBILE FOOD VENDING VEHCITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
ORDINANCE SECOND READING: REPEAL
EXISTING PROVISIONS THAT ARE IN NOW
COMPLIANCE WITH STATE CODE
REGARDING MOBILE FOOD VENDING
VEHICLES (STRATEGIC PLANO 1144. 5, 1)
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 18' Reading
❑ Ordinance on 2n' Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On July 5, 2017, the following ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 5-1 (Pulido abstained and Martinez dissented):
ORDINANCE NO. NS -2922 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1. OF CHAPTER 36 "VENDING
VEHICLES' (SANTA ANA MUNICIPAL CODE SECTIONS 36-50 THROUGH 36-63) AND
REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD VENDING VEHICLES' (SANTA
ANA MUNICIPAL CODE SECTIONS 36-700 THROUGH 36-720)
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
A4%A .
Maria D. Huizar,
Clerk of the Council
EXHIBIT: Ordinance No. NS -2922
11B-1
11 B-2
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1.
OF CHAPTER 36 "VENDING VEHICLES" (SANTA ANA
MUNICIPAL CODE SECTIONS 36-50 THROUGH 36-63)
AND REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD
VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE
SECTIONS 36-700 THROUGH 36-720)
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City Council of the City of Santa Ana previously adopted Article XIV in
Chapter 36 "Food Vending Vehicles" in December 1994 (Santa Ana
Municipal Code sections 36-700 through 36-720).
B. The City Council later adopted Division 3 of Article 1 in Chapter 36
"Vending Vehicles" in 2004 and 2005 (Ordinances NS -2655 and NS -2701)
codified as Santa Ana Municipal Code sections 36-50 through 36-63.
C. The later ordinances were challenged in an action filed in Orange County
Superior Court (Vasquez v. City of Santa Ana - Case No. 05CC13450).
The Court ruled for the plaintiffs, finding that California Vehicle Code
section 22455 preempted the City ordinances because the City
regulations were not limited to protecting public safety.
D. Following the Vasquez case, the City has not sought to enact or enforce
further regulation of food vending vehicles, even though Vehicle Code
section 22455 allows a local authority to adopt additional requirements for
mobile vending which restricts the time, place and manner of vending in
order to protect the public safety.
E. In an effort to update the Santa Ana Municipal Code (SAMC), the City
Council hereby repeals Article XIV in Chapter 36 "Food Vending Vehicles"
(SAMC section 36-700 through 36-720) as well as Division 3 of Article 1 in
Chapter 36 "Vending Vehicles" (SAMC section 36-50 through 36-63).
Section 2. In accordance with the California Environmental Quality Act, the
recommended action is categorically exempt from further review per section
15061(b)(3), in that it can be seen with certainty that the project will have no possible
Ordinance No. NS-XXXX
Page 1
11 B-3
significant impact on the environment. As a result, a Notice of Exemption will be filed
upon the adoption of this ordinance.
Section 3. Article XIV in Chapter 36 "Food Vending Vehicles" (Santa Ana
Municipal Code Sections 36-700 through 36-720) is hereby repealed in its entirety.
Section 4. Division 3 of Article 1 in Chapter 36 "Vending Vehicles" (Santa Ana
Municipal Code Sections 36-50 through 36-63) is hereby repealed in its entirety.
ADOPTED this day of 2017.
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney
L r l rsrz-- .z-�_ .•.
Lisa Storck
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on 2017, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 B-4
Ordinance No. NS-XXXX
Page 2