09.01 Urgency Ordinance Needle Exchange ProgramsOrdinance No. 10-18. An Urgency Ordinance of the City Council of the City of Orange prohibiting
the establishment of needle exchange programs in the city.
2. SUMMARY
The proposed ordinance would prohibit the operation of a needle exchange program in the city
until further study can be conducted.
3. RECOMMENDATION/ACTION
Adopt Ordinance No. 10-18 and the findings of urgency.
4. FISCAL IMPACT
None anticipated.
5. STRATEGIC PLAN GOAL(S)
1. Provide for a safe community
d) Assure the development of the City occurs in a fashion that maximizes public safety.
2. Enhance and promote quality of life in the community
Strategy:
a) Support and enhance attractive, diverse living environments.
6. DISCUSSION and BACKGROUND
In May 2018, the City was invited to provide comment to the California Department of Public
Health (CDPH) on an application from the Orange County Needle Exchange Program ("OCNEP")
to operate a mobile needle exchange program ("NEP") in our city. Tom Kisela, Chief of Police,
sent a letter to the State objecting to OCNEP's application citing public safety and particularly the
recent cleanup of the Santa Ana River Recreational Trail.
In a letter dated August 6, 2018, the City was notified that the State had issued a permit to OCNEP
to operate a mobile needle exchange program in the City of Orange on Tuesday and Friday
afternoons beginning August 6, 2018. The permit also authorized the NEP in the cities of
Anaheim, Costa Mesa and Santa Ana.
The County of Orange, along with the cities of Orange, Anaheim and Costa Mesa have initiated
litigation against the State and the OCNEP to enjoin the start of the operation of the NEP. OCNEP
has agreed to postpone the start of its program until the court rules on our request for a preliminary
injunction.
The operation of needle exchange programs are not a contemplated land use in the city's zoning
code under any of the land use zoning designations. By adoption of this urgency ordinance, the
city council will provide time for staff to review these types of programs and make a reasoned and
informed recommendation to the city council as to how to regulate this use.
As an interim urgency ordinance, it is in effect immediately, but only for 45 days unless the City
Council authorizes an extension, which can be as long as ten (10) months and fifteen (15) days.
8. ATTACFIMENTS
• Ordinance No. 10-18
ITEM 2 09/11/18
ORDINANCE NO.10-18
AN URGENCY MEASURE OF THE CITY COUNCIL
OF THE CITY OF ORANGE ADOPTING AN
INTERIM ORDINANCE PROHIBITING THE
OPERATION OF NEEDLE EXCHANGE
PROGRAMS WITHIN THE CITY OF ORANGE.
WHEREAS, Section 65858(a) of the California Government Code authorizes the City
Council to adopt, as an urgency measure, an interim ordinance prohibiting any uses which may
be in conflict with a contemplated zoning proposal which the City Council, planning commission
or planning department is studying to protect the public health, safety and welfare; and
WHEREAS, in a letter dated August 6, 2018, the City Orange (City) was notified that
the California Department of Public Health (CDPH) authorized the Orange County Needle
Exchange Program ("OCNEP") to provide mobile needle exchange services in the City of
Orange commencing on August 6, 2018; and
WHEREAS, OCNEP is permitted to operate its mobile needle exchange program
("NEP") in the City of Orange on Tuesday and Friday afternoons in an area of the city that is
adjacent to the Santa Ana River Recreational Trail which until recently was inhabited by a
transient population, many of which were injection drug users; and
WHEREAS, there has been no communication from OCNEP as to how they would use
its mobile units in the City, such as, where they would park or where its clients would park; and
WHEREAS, OCNEP became the first needle exchange program in Orange County when
it was approved for operation in the City of Santa Ana by CDPH in 2016. The City of Santa Ana
terminated this program citing public health risks caused by a sharp increase in discarded
syringes at the Santa Ana Civic Center, including in the Santa Ana Library; and
WHEREAS, the application filed by OCNEP promises a better collection method but
fails to enumerate what any collection program would look like or guarantee anything close to
100% syringe recovery; and
WHEREAS, Government Code Section 38771 authorizes the City, through its legislative
body, to declare certain actions and activities a public nuisance; and
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council has the authority to enact and enforce
ordinances and regulations for the public health, safety and welfare of the City and its residents;
and