HomeMy WebLinkAbout18-08 - Extension of Ordinance No. 18-07, Urgency Measure related to the Needle Exchange ProgramORDINANCE NO. 18-08
EXTENSION OF ORDINANCE 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, FOR A PERIOD OF 10 MONTHS AND 15 DAYS
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
Ordinance No. 18-08 Page 1 of 5
an estimated 83 sober living homes, both permitted and unpermitted, operating in Costa
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 an 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 an 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. 18-08 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, on August 7, 2018, the City Council adopted Ordinance No. 18-07 as
an Interim Urgency Measure prohibiting the operation of clean needle and syringe
exchange projects in all zoning districts in the City, which Ordinance is effective from and
including August 7, 2018 through and including September 20, 2018; and
WHEREAS, by law, Ordinance No. 18-07 as an Interim Urgency Measure may be
extended, prior to its expiration, for a period of 10 months and 15 days; 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 NEPs 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
Ordinance No. 18-08 Page 3 of 5
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
III of Title 20 of the Costa Mesa Municipal Code.
(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 extend Ordinance 18-07 from and including September 21, 2018 through and
including August 5, 2019, unless extended prior to its expiration by the City Council.
Ordinance No. 18-08 Page 4 of 5
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 4th day of September, 2018.
andra L. Genis, Mayor
ATTEST:
Brenda Green, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
ss
APPROVED AS TO FORM:
Thomas Duarte, City Attorney
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 4th day of September, 2018, by the following vote of the City Council:
AYES: COUNCIL MEMBERS: Foley, Righeimer, Stephens, Mansoor, and Genis
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 5th day of September, 2018.
'BrZA4- �
Brenda Green, CiYy Clerk
Ordinance No. 18-08 Page 5 of 5