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both in Santa Ana and elsewhere in Orange County, as documented by the City of Santa <br />Ana in a letter to OCNEP dated December 8, 2017; and <br />WHEREAS, on this basis, the City terminated its Memorandum of Understanding <br />with OCNEP effective January 5, 2018, thereby withdrawing its permission to operate on <br />City premises; and <br />WHEREAS, OCNEP subsequently applied to the CDPH to operate a new, mobile - <br />based SEP that would operate in Costa Mesa, Santa Ana, Anaheim, and Orange, and <br />was given approval by CDPH in mid-2018 over written objection by Santa Ana and these <br />other jurisdictions; and <br />WHEREAS, California law does not explicitly require the City to authorize the <br />establishment and/or operation of mobile or fixed site SEPs, and SEPs are not an <br />enumerated use under the Santa Ana Municipal Code, and no provision of the City's Code <br />specifically addresses SEPs; and <br />WHEREAS, the County of Orange, and the cities of Costa Mesa, Anaheim and <br />Orange took legal action to block OCNEP's mobile SEP from operating, contending that <br />the CDPH's approval of the mobile needle exchange violated the California <br />Environmental Quality Act (CEQA) on the basis that the needle exchange program had <br />resulted in syringe litter, which created environmental impacts to public health and safety <br />that had not been addressed through CEQA environmental review; and <br />WHEREAS, the City of Santa Ana supported this litigation; and <br />WHEREAS, on October 25, 2019, following the earlier issuance of a preliminary <br />injunction, the San Diego County Superior Court ruled in favor of the County and the other <br />plaintiff cities, finding that the mobile SEP approved through the CDPH authorization was <br />a "project" subject to CEQA review; and <br />WHEREAS, while the City of Santa Ana recognizes that properly located and <br />regulated SEPs may help prevent the spread of blood -borne diseases, the demonstrated <br />negative impacts of SEPs, including but not limited to the improper disposal of syringes <br />and congregation of persons addicted to drugs near schools, libraries, parks and <br />playgrounds, pose a grave threat to the public health, safety and welfare in Orange <br />County that cannot be adequately mitigated; and <br />WHEREAS, syringe and needle waste represents a public health hazard for <br />children, adults, and public employees, including City staff in the Police, Code <br />Enforcement, and Public Works Departments, through unnecessary exposure and risk of <br />injury due to improper disposal of syringes; and <br />WHEREAS, according to the CDPH, SEPs operate in a variety of settings from <br />fixed sites or storefronts to mobile services, which may consist of a van or bus parked on <br />a public street or on private property; and <br />Ordinance No. NS-XXX <br />Page 2 of 6 <br />