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Home My WebLink About55A - RESO OPP NEEDLE EXCHANGEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 17, 2019 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ADOPT A RESOLUTION OPPOSING THE ❑ As Recommended ESTABLISHMENT OF CLEAN NEEDLE AND ❑ As Amended ❑ Ordinance on 1n' Reading SYRINGE EXCHANGE PROGRAM ❑ Ordinance on 2n° Reading OPERATIONS IN THE CITY OF SANTA ANA ❑ Implementing Resolution (STRATEGIC PLAN NO. 5) ❑ Set Public Hearing For CONTINUED TO �. FILE NUMBER CITY ANAGER RECOMMENDED ACTION Adopt a resolution opposing the establishment of Clean Needle and Syringe Exchange Program Operations in the City of Santa Ana. DISCUSSION In late November 2018, a San Diego County Superior Court judge issued a preliminary injunction blocking a state -approved mobile needle -exchange service from operating as proposed in Costa Mesa and three other Orange County cities, including Santa Ana. On August 6, 2018 the City of Santa Ana was informed via a letter that the California Department of Public Health (CDPH), Office of AIDS (OA) had approved the Orange County Needle Exchange Program (OCNEP) to provide needle exchange operations in the County effective August 6, 2018. The authorization was granted over strong objections from the City of Santa Ana. While Santa Ana supports the concept of needle exchange to mitigate the spread of communicable diseases and as a public health tool, the actual implementation experience related to the OCNEP program was more focused on distribution and less on exchange, resulting in significant syringe litter in areas of distribution. On June 25, 2018, the City of Santa Ana officially provided a letter to the California Department of Public Health declaring the City of Santa Ana's strong opposition to the proposed Orange County Needle Exchange Program ("OCNEP") application for certification of mobile syringe needle exchange services, in the City of Santa Ana. A similar letter, dated June 8, 2018 from the City of Santa Ana's Chief of Police, was submitted to the California Department of Public Health opposing the operation of the OCNEP Mobile Needle Exchange. The letter referenced the standards for refusal to certify an initial SEP Application, indicating "here, the harm to public safety significantly outweighs the benefits to public health conferred by the OCNEP." A copy of the letters identified above are available at https://www.santa-ana.org/homelessness/needle-exchange. 55A-1 Adopt Resolution to Ban Syringe Exchange Programs in the City of Santa Ana September 17, 2019 Page 2 It is believed, and has been proven through prior City experiences, that this constituency will expose the improper disposal of dirty and used needles, which will endanger the health and safety of the community. OCNEP's earlier and documented operations in the Santa Ana Civic Center had significant adverse impacts, including but not limited to excessive needle litter at the Civic Center and associated public safety concerns, which ultimately resulted in the City's termination of its Memorandum of Understanding with OCNEP to operate a syringe access program at the Civic Center. In the termination letter dated December 6, 2017, a plethora of written and verbal complaints regarding the mismanagement of the OCNEP program and its deficiency in operation, illustrating serious health and safety concerns to the Santa Ana community. Chief among the safety concerns were numerous complaints by citizens conducting business in the Civic Center, families visiting the Santa Ana Library, and employees of the City of Santa Ana, the County of Orange, the federal government, and the State of California. The OCNEP Mobile Needle Exchange proposal will not only adversely impact the quality of life for Santa Ana residents, visitors, and businesses, but will also re-create a public health and safety crisis for the Santa Ana community at large which has been mitigated with the cancellation of the prior OCNEP MOU and permit denial. Following direction received at the July 29, 2019 Legislative Affairs, Ethics, Transparency and Communications Council Committee meeting, the City Manager is recommending that the City Council adopt a resolution opposing the establishment of Clean Needle and Syringe Exchange Program Operations in the City of Santa Ana. This recommendation reaffirms Councilmember Penaloza's discussion of a resolution to oppose the establishment of needle exchange operations within the City of Santa Ana. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability. ENVIRONMENTAL IMPACT There are no environmental impacts associated with this action FISCAL IMPACT There is no fiscal impact at this time. Exhibit: 1. Resolution 55A-2 RESOLUTION NO.2019-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ANNOUNCING ITS OPPOSITION TO THE ESTABLISHMENT OF CLEAN NEEDLE AND SYRINGE EXCHANGE PROGRAM OPERATIONS IN THE CITY WHEREAS, the Orange County Needle Exchange Program once operated on City -owned property adjacent to City Hall; and WHEREAS, as a result improper collection and disposal of used needles and syringes provided by the needle exchange program (NEP) occurred; and WHEREAS, the NEP created a public nuisance; and WHEREAS, the City Council desires to protect the health and safety of the public and the welfare of its businesses and residents; and WHEREAS, the County of Orange initiated litigation to halt NEP operations; and WHEREAS, after a judge granted a preliminary injunction to halt the NEP operations; and WHEREAS, the City Council desires to ensure that new NEP operations which are detrimental to health, safety, and welfare, are not established in the City in the future; NOW, THEREFORE, the Santa Ana City Council does hereby resolve as follows: SECTION 1. The City Manager is hereby directed to work with staff to prepare an urgency land use ordinance regarding the operation of clean needle and syringe exchange programs. SECTION 2. The Clerk of the Council shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions. SECTION 3. This Resolution shall take effect immediately upon its adoption. SECTION 4. The Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof. ADOPTED this day of , 2019. Miguel A. Pulido Mayor Resolution 2019-xxx Page 1 of 2 55A-3 APPROVED AS TO FORM: By: Yam" v ^ti �• C�7N� Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Clerk of the Council City of Santa Ana Resolution 2019-xxx Page 2 of 2 55A-4