Resolution No. 2024-XXX
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 negativ e experience s 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, 2 023, CDPH approved HRI’s application to operate a NEP in the City;
WHEREAS, on August 23, 2023, the City demanded CDPH rescin d 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WHEREAS, on August 30, 2023, CDPH rescinded its authorization for HRI to operate an NEP in the City and placed their application into pending status;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 revis ed its estimate of the number of syringes they
Resolution No. 2024-XXX
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 st aff, 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
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