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that violates federal law. These cities include Orange, San Juan Capistrano, Burbank, and Glendale. I. Numerous law enforcement agencies have expressed concerns regarding medical marijuana dispensaries and cooperatives in their areas. The California Police Chiefs Association (CPCA) recently compiled a report containing data from several jurisdictions which illustrates some of law enforcement's complaints about these facilities: the facilities violate federal law, street dealers often sell at lower prices to entice patients away from dispensaries, non-residents travel to the city to purchase marijuana, neighboring businesses have experienced a loss of customers, there appears to be an increase in unreported crime to avoid negative publicity, there have been robberies outside of and at the dispensaries, there have been home invasion robberies of individuals who utilize or are employed by the dispensaries, and patients selling to non-patients. In addition, the media have investigated and reported about several physicians suspected of providing prescriptions of medical marijuana when they have not evaluated the patient's medical condition or the patient has no serious medical condition that would warrant a prescription. J. The secondary effects outlined in the CPCA report, the EI Cerrito Police Department memorandum and the Anaheim declarations are likely to occur in Santa Ana if medical marijuana dispensaries are allowed to legally operate. Unlike the cities and counties which have opted to not adopt ordinances addressing this issue, Santa Ana has a broad zoning use classification of "retail and service" uses (Santa Ana Municipal Code section 41-144) which would appear to allow medical marijuana dispensaries. Accordingly, once the moratorium expires and without a ban, medical marijuana dispensaries would be allowed to operate in all specific development (SO) districts which allow retail and service uses, as well as the city's C1, C2, C3A, C4, C5, and C-SM zones. K. The Council additionally relies on the facts and statements set forth in the Request for Council Action dated October 1, 2007, the Request for Planning Commission Action dated September 24, 2007and in the following expert reports that were submitted to the City Council, which all are incorporated by this reference as though fully set forth: (1) the California Police Chiefs Association Compilation Report on Medical Marijuana Dispensary Negative Secondary Effects; (2) the Riverside County District Attorney's Office White Paper on Medical Marijuana; (3) the City of EI Cerrito Police Department Memorandums; and (4) sworn declarations submitted by the Chief of Police of Anaheim and two other Anaheim police officers defending a challenge by an existing medical marijuana dispensary to Anaheim's ordinance banning medical marijuana dispensaries. L. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of Ordinance No. NS-2758 Page 3 of 7