HomeMy WebLinkAbout18-07 - Prohibiting the operation of clean needle and syringe exchange projectsORDINANCE NO. 18-07
AN INTERIM URGENCY MEASURE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, PROHIBITING THE OPERATION OF CLEAN NEEDLE AND
SYRINGE EXCHANGE PROJECTS IN ALL ZONING DISTRICTS IN THE CITY
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, the City of Costa Mesa, pursuant to its police power, may adopt
regulations to protect the health, safety and welfare of the public, Cal. Const. art. XI,§ 7,
Cal. Govt. Code § 37100, and may declare what uses and conditions constitutes a public
nuisance; and
WHEREAS, Government Code Section 38771 authorizes the City, through its
legislative body, to declare actions and activities that constitute a public nuisance; and
WHEREAS, the one clean needle and syringe exchange program ("NEP") that had
operated within Orange County manifestly failed to properly recover and safely dispose
of used hypodermic needles and syringes distributed at the City of Santa Ana Civic
Center, which distribution resulted in thousands of used hypodermic needles being
discarded in or on the adjacent public buildings, streets, sidewalks, parks and waterways
both in Santa Ana and elsewhere in the County; and
WHEREAS, improper collection and disposal of used hypodermic needles and
syringes is inimical to the public health, safety and welfare; and
WHEREAS, improper collection and disposal of used hypodermic needles and
syringes is a public nuisance; and
WHEREAS, while the City recognizes that properly located and regulated NEPs
may help prevent the spread of blood-borne diseases, such regulation and approval of
locations must occur at the local level to avoid the location of NEPs near schools, parks
and playgrounds in order to avoid the demonstrated negative effects of NEPs, including,
but not limited to the improper disposal of syringes and congregation of persons addicted
to drugs near schools, parks and playgrounds; and
WHEREAS, it is inimical to the successful treatment and recovery of the large
number of persons in recovery from such addiction by allowing and/or permitting an
unregulated use of land that will necessarily draw large numbers of persons currently
addicted to narcotics to the community; and
WHEREAS, Costa Mesa currently has the largest concentration of residential
sober living treatment facilities providing nonmedical treatment for individuals recovering
from addiction than anywhere else in Orange County, and the highest number of any city
in the State. With a total of 91 state licensed residential drug and alcohol treatment
facilities, the City has 27-percent of all such facilities in the County. In addition, there are
an estimated 83 sober living homes, both permitted and unpermitted, operating in Costa
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Mesa. The purpose of these programs is straightforward -to provide an environment
where individuals that are working to recover from their addiction can live and interact
with similarly situated individuals in a group setting while also living and working within
the greater community. Bringing a NEP to Costa Mesa carries the risk of undermining the
efforts of both the sober living community and the City; and
WHEREAS, with so few needle exchange programs operating in Orange County,
there would be an inevitable migration of individuals currently suffering from addiction
coming to Costa Mesa seeking free needles. Increasing the number of addicted persons
in the area would very likely undermine the successful recovery of persons who have
chosen to live and interact with other persons in recovery as opposed to being exposed
to persons currently addicted to narcotics; and
WHEREAS, absent sufficient local regulation, NEPs might be operated from
locations where the impact of such operation has greater negative impacts on the public,
health and welfare than other locations;
WHEREAS, the operation of NEPs has the risk of negatively impacting the Goals
and Objectives of the Land Use Element of the General Plan, including, but not limited to,
Objective LU-3, Policy 3.1; Objective LU-5, Policy 5.6; Objective LU 6, Policies 6.1, 6.10
and 6.17; and
WHEREAS, the operation of NEPs carries the risk of negatively impacting the
Goals and Objectives of the Safety Element of the General Plan including but not limited
to, Goal S-2, Policies S-2.14, S-2.16, and S-2-17 related to Hazardous Materials
Operations; and
WHEREAS, the City Council finds that the provisions of this interim Ordinance are
consistent with the City of Costa Mesa's General Plan; and
WHEREAS, pursuant to section 13-30 of the Zoning Code, the Development
Services Director has reviewed the proposed use and has preliminarily determined that
the location and operation of a NEP would require at a minimum a Conditional Use Permit
on order to operate and locate in the City; and
WHEREAS, this Ordinance has been reviewed for compliance with the California
Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental
procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General
Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen
with certainty that there is no possibility that the passage of this Ordinance will have a
significant effect on the environment; and
WHEREAS, the City Council recognizes that there is a need to enact the
restrictions contained in this ordinance immediately to protect the public health, safety
and welfare; and
Ordinance No. 18-07 Page 2 of 5
WHEREAS, the proposed NEP may be in conflict with a contemplated general plan
or zoning proposal that the planning department intends to study within a reasonable time;
and
WHEREAS, all legal prerequisites prior to the adoption of this ordinance have
occurred.
Now, therefore, THE COSTA MESA CITY COUNCIL DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1 : Recitals. The City Council finds that all the recitals, facts, findings, and
conclusions set forth above in the preamble of this Ordinance are true and correct.
Section 2: Findings. The City Council makes and adopts as findings the facts and
conclusions set forth above in the preamble of this Ordinance and for the reasons stated
in the recitals, finds that the establishment of needle exchange programs in the city
constitute a current and immediate threat to the public health, safety and welfare. The
Council further finds that the approval of use permits, variances, building permits, and/or
or any other applicable entitlement for use which is required in order to comply with the
City's Zoning Ordinance, Title 13 of the Costa Mesa Municipal Code, would result in these
threats to public health, safety, or welfare.
Section 3: Clean Needle and Syringe Exchange Projects Prohibited. The operation of
any and all types of clean needle and syringe exchange projects, including but not limited
to those authorized pursuant to Chapter 18 of Part 4 of Division 105 of the California
Health & Safety Code, is prohibited in all areas and/or zoning districts within the City of
Costa Mesa.
Section 4: Penalties. A violation of this Ordinance shall constitute a public nuisance,
and may be enforced by civil or administrative action, as follows.
(a)Civil action. The city attorney, by and at the request of the city council, may institute
an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s)
found to be in violation of this ordinance, as provided by law.
(b)Administrative hearing. Upon a finding by the city official invested with the authority
to enforce the various provisions of the Costa Mesa Municipal Code that a violation of this
ordinance exists, he or she may notify the owner(s), occupant(s) or person(s) deemed
responsible for said violation(s) that a public hearing shall be held before the city council
to hear and determine the existence of said violation(s) and the anticipated compliance
necessary, i.e. abatement or other action required. Said notification shall be in writing
setting forth the alleged violation(s) and the anticipated action sought, and shall be given
not later than ten (10) days prior to the scheduled date of the hearing. Said hearing shall
be conducted in accordance with the city council's rules for the conduct of an
administrative hearing. The decision of said hearing shall be enforceable as provided by
law. Such administrative hearing is subject to the provisions for public nuisance
abatement and cost recovery set forth in Chapter Ill of Title 20 of the Costa Mesa
Municipal Code.
Ordinance No. 18-07 Page 3 of 5
(c)Civil fines. Civil fines may be imposed pursuant to the provisions of Chapter II of
Title I of the Costa Mesa Municipal Code.
(d)Attorneys' fees. The prevailing party in any action, administrative proceeding, or
special proceeding to abate a nuisance pursuant to this ordinance shall be entitled to its
reasonable attorneys' fees if: ( 1 ) the city elected to seek recovery of its own attorneys'
fees at the initiation of the action, administrative proceeding, or special proceeding; and
(2) the award of attorneys' fees does not exceed the amount of reasonable attorneys'
fees incurred by the city in the action or proceeding.
Section 5: Compliance with CEQA. Adoption of this interim Ordinance is exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3)(General
Rule) of the CEQA Guidelines because it can be seen with certainty that there is no
possibility that the passage of this interim Ordinance will have a significant effect on the
environment.
Section 6: Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
Section 7: Severability. If any chapter, article, section, subsection, subdivision, sentence,
clause, phrase, word, or portion of this Ordinance, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases,
or portions of the application thereof to any person, be declared invalid or
unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal
law, regulation, or codes dealing with life safety factors.
Section 8: Uncodified Ordinance. This Ordinance shall not be codified in the Costa
Mesa Municipal Code unless and until the City Council so ordains.
Section 9: Effective Date. This Ordinance shall become effective immediately and
shall remain in effect for a period of 45 days unless extended or prematurely terminated.
Section 10: The City Clerk shall certify the adoption of this Ordinance and shall cause
the same to be posted or published in the manner as required by law.
APPROVED AND ADOPTED on this 7th day of August, 2018.
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Sandra L. Genis, Mayor
Ordinance No. 18-07 Page 4 of 5
ATTEST:
Brenda Green,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, CITY CLERK of the City of Costa Mesa, California, do hereby
certify that the foregoing urgency ordinance was regularly introduced and adopted by the
City Council of the City of Costa Mesa, California, at a regular meeting thereof held on
the 7th day of August, 2018, by the following vote of the City Council:
AYES: COUNCIL MEMBERS: Foley, Stephens, Mansoor, and Genis
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Righeimer
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 8th day of August, 2018.
Ordinance No. 18-07 Page 5 of 5