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HomeMy WebLinkAbout65B - LETTER AGAINST OCNEPREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2018 TITLE: RECEIVE AND FILE LETTER TO THE COUNTY OF ORANGE REGARDING THE CITY'S SUPPORT OF COUNTY'S LEGAL ACTION AGAINST THE ORANGE COUNTY NEEDLE EXCHANGE PROGRAM {STRATEGIC PLAN NO. 1 and 51 I Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file letter to the County of Orange related to County's legal action against the Orange County Needle Exchange Program. DISCUSSION Beginning in February 2016, the Orange County Needle Exchange Program (OCNEP) began operating a needle exchange program in the Civic Center adjacent to the City Council Chambers. The program operations resulted in acute public safety concerns which compelled the City to terminate the Memorandum of Understanding between the City and OCNEP, in November 2017. During the almost two years of operating a needle exchange program by OCNEP, the quanities of used and discarded syringes in the Civic Center became unmanageable, with no adequeate plan of mitigration or disposal ever presented by OCNEP. The City and County of Orange, through the Civic Center Authority, was forced to install various needle disposal bins in the Civic Center in an attempt to mitigate needle litter in the Civic Center. OCNEP submitted a new application to the California Department of Public Health (CDPH), to operate a mobile program in various cities, including Santa Ana. This application was approved by the CDPH despite the City's strong objections and documented public safety concerns raised by the Chief of Police. On August 3, 2018, the County of Orange Board of Supervisors voted to commenece legal action against OCNEP. The City Manager has written a letter (Exhibit 1) to County of Orange CEO, Frank Kim, outlining the City's endorsement of the County's efforts to halt the operation of the mobile needle exchange. 6513-1 Letter to County of Orange Supporting County's Legal Action Against OCNEP September 4, 2018 Page 2 STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal Health, Livability, Engagement & Sustainability. FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit: 1. Letter to County of Orange Community Safety, and Goal 5: Community 65B-2 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmlento Jose Sotorio Sal Tinajero Juan Villages August 30, 2018 Mr. Frank Kim County Executive Officer County of Orange Hall of Administration 333 W. Santa Ana Blvd. Santa Ana, CA 92701 Dear Frank: CITY OF SANTA ANA CITY MANAGER'S OFFICE 20 Civic Center Plaza e P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org CITY MANAGER Raul Godinez 11 CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar On behalf of the City Council of the City of Santa Ana, I am writing to express the City's unwavering support for the County's recent efforts to protectpublic safety by seeking a court injunction to prevent the Orange County Needle Exchange Program (OCNEP) from operating on a mobile basis in various locations in the County, including parts of Santa Ana. As you are aware, OCNEP's earlier operations in the Santa Ana Civic Center created such acute public safety concerns that the City was compelled to terminate those operations. We are, therefore, uniquely situated to understand the importance of your efforts. Following OCNEP's operation of a syringe exchange program in the Civic Center for nearly two years, the City's position on the viability of such programs in the immediate urban area remains unchanged. In our case, the quantities of used and discarded syringes in the Civic Center simply became untenable, with no adequate plan of mitigation or disposal ever presented or administered by OCNEP. The mobile nature of OCNEP's operations only renews — and heightens — the City's health and safety concerns. Given OCNEP's inability to provide for effective recovery of used and discarded needles in its prior stationary operation conducted once per week in the Civic Center, the City has diminished confidence that OCNEP can manage an expanded mobile operation conducted on a daily basis. SANTA ANA CITY COUNCIL Idguel A. Purxb MiUrete Martinez Vicente Sarmienlo Jose solaria P. David Benevides Juen Villegas Sal Twimv Maya Mayor Pro Tem, Ward 2 Ward Wam3 War14 Wad5 Ward6 moWidoQasanla-ana.om mimartinezldsama-ane ora Ysarmeni 9psama-ma ora dbenm4desOsa,O ma.aa IYilinasOlsanla-ana aro sena Praddsama..o(e Letter to Frank Kim August 30, 2018 Page 2 Certainly, the City appreciates the public policy goals behind needle exchange programs. However, the manner in which OCNEP intends to operate endangers the general health and well- being of a far larger population that cannot be ignored. Both then and now, OCNEP has failed to advance a concrete plan to defensibly mitigate the quality of life concerns and adverse impact on public safety as repeatedly articulated by the City. We had expressed the above concerns to the California Department of Public Health during the pendency of OCNEP's application to operate a mobile program. We remained hopeful the state agency would respond favorably to our views and those of other similarly situated neighboring cities; unfortunately, that was not the case. With the approval of the program, however, other measures have become necessary to protect the public interest. Therefore, we strongly endorse the County's efforts in seeking judicial intervention to halt the operation of the mobile exchange program. Please let us know if there is anything we can do to assist you in this pursuit Sincerely, Raul Godine I City Manager L.