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RESOLUTION NO. 2023-012 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA, COUNTY OF ORANGE, STATE OF <br />CALIFORNIA, AFFIRMING ITS DEDICATION AND ITS <br />PRIORITY TO PROTECT THE HEALTH, SAFETY AND <br />WELFARE OF ITS RESIDENTS, VISITORS, AND <br />BUSINESS OWNERS IN THE ENFORCEMENT OF STATE <br />SIDEWALK VENDOR REGULATIONS, THE FEDERAL <br />AMERICANS WITH DISABILITIES ACT OF 1990 AND <br />OTHER DISABILITY ACCESS STANDARDS, AND ALL <br />LOCAL REGULATIONS PERTAINING TO THE USE AND <br />MAINTENANCE OF PUBLIC SIDEWALKS AND OTHER <br />PEDESTRIAN PATHWAYS, AND URGING THE STATE <br />LEGISLATURE OF THE STATE OF CALIFORNIA TO <br />AMEND STATE LAW AND ALLOW LOCAL JURISDICTIONS <br />THE RIGHT OF SELF-DETERMINATION TO ENACT LOCAL <br />SIDEWALK REGULATIONS <br />WHEREAS, the City Council of SANTA ANA, CALIFORNIA is committed to <br />supporting an inclusive, thriving, vibrant, and healthy community, regardless of race, <br />ethnicity, age, gender, religion, sexual orientation, gender identity, gender expression, <br />disability, economic status and other diverse backgrounds; and <br />WHEREAS, the government of SANTA ANA, CALIFORNIA is a chartered city as <br />defined under California Government Code Section 51036(d); and <br />WHEREAS, the City of SANTA ANA, CALIFORNIA has experienced an <br />exponential increase in the number of unpermitted stationary sidewalk food vendors <br />within its jurisdiction since Senate Bill 946 was enacted; and <br />WHEREAS, the global Coronavirus disease 2019 (COVID-19) pandemic caused <br />by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) resulted in <br />fundamental shifts in the ways in which consumers purchase household groceries and <br />food through deliveries, pickup, mobile vending, food delivery, and to -go ordering; and <br />WHEREAS, in response to this fundamental shift, the State and local jurisdictions <br />enacted temporary and permanent regulatory changes surrounding the food industry, <br />enabling, among others, sidewalk vending; and <br />WHEREAS, Senate Bill (SB) 946 was signed into law on September 17, 2018, and <br />became effective January 1, 2019; and <br />WHEREAS, SB 946 severely limits the authority of cities and counties to regulate <br />sidewalk vendors, except in accordance with Government Code Sections 51038 and <br />51039; and <br />Resolution No. 2023-012 <br />Page 1 of 7 <br />