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
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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.