HomeMy WebLinkAboutItem 27 -Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous_2024041021595615627.Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous
Opposition to the Establishment of a Needle Exchange Program in the City
Department(s):
Recommended Action: Adopt a Resolution opposing the establishment of a
needle exchange program in the City of Santa Ana as proposed by the Harm
Reduction Institute’s application to the California Department of Public Health.
RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ANNOUNCING ITS STRENUOUS OPPOSITION
TO THE ESTABLISHMENT OF A NEEDLE EXCHANGE PROGRAM IN THE CITY
City Manager Office
www.santa-ana.org/city-managers-office/
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 16, 2024
TOPIC: Resolution Opposing the Establishment of a Needle Exchange Program in Santa
Ana
AGENDA TITLE
Resolution of the City Council of the City of Santa Ana Announcing Its Strenuous
Opposition to the Establishment of a Needle Exchange Program in the City
RECOMMENDED ACTION
Adopt a Resolution opposing the establishment of a needle exchange program in the
City of Santa Ana as proposed by the Harm Reduction Institute’s application to the
California Department of Public Health.
RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ANNOUNCING ITS STRENUOUS OPPOSITION TO THE
ESTABLISHMENT OF A NEEDLE EXCHANGE PROGRAM IN THE CITY
GOVERNMENT CODE §84308 APPLIES: No
No
DISCUSSION
Needle distribution programs have historically been associated with increased public
health risks. A needle distribution program that operated in Santa Ana from 2016 to
2018 resulted in 250,000 used syringes being discarded in public areas frequented by
children, including the Civic Center, library, senior center, neighborhoods, and
businesses. Harm Reduction Institute (HRI) plans to operate a needle distribution
program in Santa Ana that would, on an annual basis, provide 300,000 syringes and
collect 180,000, potentially leaving 120,000 needles annually that could be discarded in
public areas.
On January 5, 2023, HRI submitted an application with the California Department of
Public Health (CDPH) to operate a Needle Exchange Program (NEP) in the City that
included mobile delivery of syringes. In their application, HRI noted they would be
providing 500,000 syringes and collecting only 300,000.
Resolution Opposing the Establishment of a Needle Exchange Program in Santa Ana
April 16, 2024
Page 2
4
1
9
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On May 10, 2023, the Director of the Orange County Health Care Agency (Local Health
Officer) wrote to CDPH advising of the negative experiences with NEP’s including with
HRI and the overwhelming burden of used syringes littering the community.
The County’s Local Health Officer recommended CDPH require HRI incorporate three
key mitigation measures including: (1) demonstrating safe and effective methods of
appropriate syringe disposal and collection; (2) providing counseling services, linkage to
behavior health and medical services, and provide follow-up to referrals placed; and (3)
community collaboration, data collection, and monitoring to identify positive and
negative impacts.
Despite the City’s strenuous opposition to HRI’s application to operate a NEP in the
City, on August 11, 2023, CDPH approved HRI’s application.
On August 23, 2023, the City demanded CDPH rescind its authorization for HRI to
operate a NEP in the City based on CDPH’s failure to engage in meaningful
collaboration with the City pursuant to Health and Safety Code §121349. This prompted
CDPH to rescind its authorization for HRI to operate an NEP in the City and placed their
application into pending status on August 30, 2023.
On December 20, 2023, HRI submitted a new application to CDPH to operate a NEP in
the City and revised its estimate of the number of syringes they would be providing to
300,000 and collecting to 180,000, leaving 120,000 syringes unaccounted for. HRI’s
latest application is currently pending with CDPH and CDPH has not yet engaged in the
mandatory consultation process pursuant to the Health and Safety Code with the City.
The Santa Ana City Council desires to ensure that NEP operations, which are
detrimental to the health, safety, and welfare, are not authorized and established in the
City.
FISCAL IMPACT
There is no fiscal impact associated with this action
EXHIBIT(S)
1. Resolution
Submitted By: Ken Gominsky, Homeless Services Division Manager
Approved By: Alvaro Nuñez, Acting City Manager
Resolution No. 2024-XXX
Page 1 of 3
RESOLUTION NO. 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA ANNOUNCING ITS STRENUOUS
OPPOSITION TO THE ESTABLISHMENT OF A NEEDLE
EXCHANGE PROGRAM IN THE CITY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
WHEREAS, on January 5, 2023, Harm Reduction Institute (“HRI”) submitted an
application with the California Department of Public Health (“CDPH”) to operate a
Needle Exchange Program (“NEP”) in the City that includes mobile delivery of syringes;
WHEREAS, in the January 5, 2023 application, HRI noted they would be
providing 500,000 syringes and collecting only 300,000;
WHEREAS, on May 10, 2023, the Director of the Orange County Health Care
Agency (“Local Health Officer”) wrote to CDPH advising of the negative experiences
with NEP’s including with HRI and the overwhelming burden of used syringes littering
the community;
WHEREAS, the County’s Local Health Officer recommended CDPH require HRI
incorporate three key mitigation measures including: (1) demonstratin g safe and
effective methods of appropriate syringe disposal and collection; (2) providing
counseling services, linkage to behavior health and medical services and provide follow-
up to referrals placed; and (3) community collaboration, data collection and monitoring
to identify positive and negative impacts;
WHEREAS, on May 19, 2023, the City’s Former City Manager and Retired Police
Chief submitted a joint letter strenuously opposing HRI’s application to operate a NEP in
the City;
WHEREAS, on August 11, 2023, CDPH approved HRI’s application to operate a
NEP in the City;
WHEREAS, on August 23, 2023, the City demanded CDPH rescind its
authorization for HRI to operate a NEP in the City based on CDPH’s failure to engage in
meaningful collaboration with the City pursuant to Health and Safety Code §121349;
WHEREAS, on August 30, 2023, CDPH rescinded its authorization for HRI to
operate an NEP in the City and placed their application into pending status;
WHEREAS, on December 20, 2023, HRI submitted a new applic ation to CDPH
to operate a NEP in the City and revised its estimate of the number of syringes they
Resolution No. 2024-XXX
Page 2 of 3
would be providing to 300,000 and collecting to 180,000, leaving 120,000 syringes
unaccounted for;
WHEREAS, HRI’s December 20, 2023 application is currently pending with
CDPH and CDPH has not yet engaged in the mandatory consultation process pursuant
to the Health and Safety Code with the City; and
WHEREAS, the City Council desires to ensure that NEP operations which are
detrimental to the health, safety and welfare, are not authorized and established in the
City.
NOW THEREFORE, the Santa Ana City Council does hereby resolve as follows:
Section 1. The City Manager is hereby directed to take all necessary steps to
work with key stakeholders including City staff, elected officials and members of the
community, to strenuously oppose HRI’s application and provide CDPH, during the
consultation process, the following relevant and material information: (1) historical and
current data, statistics and information demonstrating that HRI’s NEP will result in the
exposure of an overwhelmingly number of used, discarded and uncollected syringes
(“syringe litter”) into the community that will negatively and detrimentally impact the
public’s health, safety and welfare; (2) the significant financial impact and burden HRI’s
NEP and the resulting syringe litter will have on City resources including numerous local
law enforcement agencies in the County; (3) HRI’s lack of transparency, accountability
and trust in the community due to their refusal to work collaboratively with the City.
Section 2. The City Clerk 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 by
the City Council and the City Clerk shall attest to and certify the vote adopting this
Resolution.
ADOPTED this 16th day of April, 2024.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_____________________
Tamara Bogosian
Senior Assistant City Attorney
Resolution No. 2024-XXX
Page 3 of 3
AYES: Councilmembers _______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall, City Clerk, do hereby attest to and certify the attache d Resolution No.
2024-XXX to be the original resolution adopted by the City Council of the City of Santa
Ana on April 16, 2024.
Date: ________________ ____________________________________
Jennifer L. Hall
City Clerk
City of Santa Ana