11A - ORDINANCE FOR SYRINGE EXCHANGE

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both in Santa Ana and elsewhere in Orange County, as documented by the City of Santa Ana in a letter to OCNEP dated December 8, 2017; and WHEREAS, on this basis, the City terminated its Memorandum of Understanding with OCNEP effective January 5, 2018, thereby withdrawing its permission to operate on City premises; and WHEREAS, OCNEP subsequently applied to the CDPH to operate a new, mobile - based SEP that would operate in Costa Mesa, Santa Ana, Anaheim, and Orange, and was given approval by CDPH in mid-2018 over written objection by Santa Ana and these other jurisdictions; and WHEREAS, California law does not explicitly require the City to authorize the establishment and/or operation of mobile or fixed site SEPs, and SEPs are not an enumerated use under the Santa Ana Municipal Code, and no provision of the City's Code specifically addresses SEPs; and WHEREAS, the County of Orange, and the cities of Costa Mesa, Anaheim and Orange took legal action to block OCNEP's mobile SEP from operating, contending that the CDPH's approval of the mobile needle exchange violated the California Environmental Quality Act (CEQA) on the basis that the needle exchange program had resulted in syringe litter, which created environmental impacts to public health and safety that had not been addressed through CEQA environmental review; and WHEREAS, the City of Santa Ana supported this litigation; and WHEREAS, on October 25, 2019, following the earlier issuance of a preliminary injunction, the San Diego County Superior Court ruled in favor of the County and the other plaintiff cities, finding that the mobile SEP approved through the CDPH authorization was a "project" subject to CEQA review; and WHEREAS, while the City of Santa Ana recognizes that properly located and regulated SEPs may help prevent the spread of blood -borne diseases, the demonstrated negative impacts of SEPs, including but not limited to the improper disposal of syringes and congregation of persons addicted to drugs near schools, libraries, parks and playgrounds, pose a grave threat to the public health, safety and welfare in Orange County that cannot be adequately mitigated; and WHEREAS, syringe and needle waste represents a public health hazard for children, adults, and public employees, including City staff in the Police, Code Enforcement, and Public Works Departments, through unnecessary exposure and risk of injury due to improper disposal of syringes; and WHEREAS, according to the CDPH, SEPs operate in a variety of settings from fixed sites or storefronts to mobile services, which may consist of a van or bus parked on a public street or on private property; and Ordinance No. NS-XXX Page 2 of 6 11 A-2