60B - ORDINANCE FOR SYRINGE EXCHANGE

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Ordinance Prohibiting Syringe Exchange Programs in Santa Ana September 15, 2020 Page 2 resulted in syringe litter, which created environmental impacts to public health and safety that had not been addressed through CEQA environmental review; the City of Santa Ana supported this litigation. At the March 19, 2019 meeting, Councilmember Penaloza introduced Item 85A: Discuss and Consider Directing Staff to Draft a Resolution Supporting California Senate Bill 689 which will Restrict the California Department of Public Health from Authorizing or Re -Authorizing Needle and Syringe Exchange Programs Unless a City or County has Approved the Request. The consensus among the City Council was to direct staff to prepare a letter of support for Senate Bill 689. SB 689 would have required the Department of Public Health to authorize or reauthorize a clean needle and syringe exchange project entity pursuant to existing law only if the city or county in which the entity will be operating has adopted an ordinance or resolution approving that authorization or reauthorization. SB 689 failed in the Senate Health Committee in April 2019. Following direction received at the July 29, 2019 Legislative Affairs, Ethics, Transparency and Communications Council Committee meeting, on September 17, 2019, the City Council adopted a resolution opposing the establishment of Clean Needle and Syringe Exchange Program Operations in the City of Santa Ana. This resolution reaffirmed Councilmember Penaloza's discussion of a resolution to oppose the establishment of needle exchange operations within the City of Santa Ana. On October 25, 2019, following the earlier issuance of a preliminary injunction, the San Diego County Superior Court ruled in favor of the County of Orange and the other plaintiff cities, finding that the mobile SEP approved through the CDPH authorization was a "project" subject to CEQA review. The mobile SEP was blocked from operating and did not operate as a result of the Court's ruling. No cities in Orange County affirmatively permit SEPs and there are no syringe exchange programs currently authorized to operate in Orange County. The City of Orange has banned mobile SEPs, and the City of Costa Mesa has banned the establishment and/or operation of hypodermic needle and syringe exchange programs within its city limits. Additionally, the City of Anaheim recently banned all SEPs within its jurisdiction. These local regulations prohibiting SEPs address concerns regarding potential environmental impacts to surrounding properties and neighborhoods associated with operation of SEPs, including the endangerment to the public peace, health and welfare due to the proliferation of both used and unused hypodermic needles. Ordinance to Ban SEPs The proposed ordinance would ban SEPs on public and/or private property, including, but not limited to, the following: a public street, alley, sidewalk, or right-of-way, and all locations, areas, and/or zoning districts in the City of Santa Ana. Further, the proposed ordinance provides that, except as provided by state law, it shall be unlawful for any person or entity to own, manage, conduct, or operate, or as a landlord or land owner to allow or permit to exist, or be established, conducted, operated, owned or managed on or within real property owned or controlled by such �. 1