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City Council Staff Report
June 12, 2018
Agenda Item No. 17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager - 949-644-3001,
dkiff@newportbeachca.gov
PREPARED BY: Dave Kiff, City Manager, dkiff newportbeachca.gov
PHONE: 949-644-3001
TITLE: Opposition to Mobile Needle Exchange Program in Costa Mesa
ABSTRACT:
In recent months, a mobile needle exchange program has been proposed for an area of
Costa Mesa that is close to Newport Beach's boundaries. Parents of students at Carden
Hall have asked that the City take a formal position expressing its concern over any
mobile needle exchange program operating that close to a school.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Authorize Police Chief Jon Lewis to send a statement of concern relating to the
distribution location of the proposed Orange County Mobile Needle Exchange
Program due to its proximity to local schools.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Orange County Needle Exchange Program (Program) is a local non-profit entity that
recently provided anonymous needle exchange services (where older and contaminated
needles are exchanged for sterile needles) as well as testing for HIV and Hepatitis C in
Santa Ana, California. The Program allows an individual to anonymously turn in any
number of syringes, and then receive one-for-one back in clean syringes plus up to
20 more clean ones.
The goal of the program is to assist individuals in avoiding the transmission of HIV or
Hepatitis C as they may use the needles (typically for illicit drug use). When requested
by persons exchanging needles, the Program directs persons to appropriate recovery and
treatment services.
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Opposition to Mobile Needle Exchange Program in Costa Mesa
June 12, 2018
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Needle exchanges like this are controversial, as some argue that it facilitates illicit drug
use, even giving the government's blessing for the same. Others counter that the drug
use would occur regardless and that the exchange both helps reduce the transmission of
deadly (without treatment) and costly diseases and allows treatment professionals to
interact in a trusting way with persons in need of treatment.
The Program has been certified by the California Department of Public Health's syringe
exchange certification program, but has recently been asked to cease facility -based
operations in Santa Ana following new permit requirements there.
As a response, the Program has proposed operating a mobile needle exchange unit in
four communities — Orange, Santa Ana, Anaheim, and Costa Mesa. The Costa Mesa
neighborhood where the unit may operate is near Newport Beach's northwestern borders,
outside of our city limits but not far from Coastline Community College, Carden Hall
School and Pacifica Christian High School (see below map for an approximation of the
suggested operating territory — courtesy of Google Maps).
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Opposition to Mobile Needle Exchange Program in Costa Mesa
June 12, 2018
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Parents of Carden Hall students have expressed a concern about the proposed mobile
unit's program area being so close to the school, suggesting that students should not be
exposed to the unit's clients and activities. The City of Costa Mesa recently expressed
its own opposition to the Program operating in its city limits, stressing similar concerns.
Should the City wish to make its own concerns known, it would do so to the State of
California, as the State considers authorizing the mobile service. Typically, the State
suggests that approval (or denial) from cities is not sought nor required, but input from
local law enforcement and local health officials is welcomed. As such, this staff report
suggests authorizing Newport Beach Police Chief Jon Lewis to express community and
parent/student concern about any mobile needle exchange program operating close to
schools, similar to the attached draft comments.
Comments are due to the State no later than June 25, 2018.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Draft Comments from the Police Chief
Attachment B — Article from the LA Times/Daily Pilot
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ATTACHMENT A
June 13, 2018
DRAFT
To Whom It May Concern:
On behalf of the City of Newport Beach, I hereby respectfully offer my significant
concerns about a proposed location for a mobile needle exchange program in adjacent
Costa Mesa, California. The route for the mobile program includes areas of Costa
Mesa that are very close to Newport Beach, including being close to schools such as
Pacifica Christian High School, Carden Hall (a private elementary and middle school),
and Coastline Community College.
In offering my concerns I am not expressing an opinion about the merits of clean needle
exchange. While I am not a public health official, I can certainly understand the goal of
avoiding transmission of diseases like HIV and Hepatitis C.
My concern is the proximity of this program to many school age children, and how the
interaction of the Program's clients to these schools' parents, students, and teachers
may not be a positive one. I urge you as well as the Program to consider alternatives to
mobile needle exchange in this area, and indeed to any area near schools.
Sincerely,
Jon Lewis
City of Newport Beach
Chief of Police
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ATTACHMENT B
Orange County's needle exchange awaits state approval for mobile service
DAILY PILOT/LA TIMES -Apr 19, 2018 14:00 PM
By Ben Brazil
After Santa Ana city officials shut down Orange County's only needle exchange months ago, the program
may return as a mobile service in Santa Ana, Anaheim, Orange and Costa Mesa.
The move — pending state approval — would widen the influence of the Orange County Needle
Exchange Program, which formerly operated out of the Santa Ana Civic Center until city officials denied
the group's permit application in mid-January, citing an increased number of discarded syringes in the
area.
Dallas Augustine, a board member of the needle exchange, said the group submitted an application to
the California Department of Public Health on March 23 to hand out syringes and other harm reduction
supplies out of a van in the four cities.
The needle exchange could operate from 10 a.m. to 5 p.m., a minimum of four days a week, Augustine
said. The group formerly set up a table at the Civic Center for a few hours every Saturday afternoon,
serving hundreds of homeless people who lived in a sprawling encampment.
Homeless people were recently cleared out of the Civic Center so the city can conduct maintenance and
cleanup of the area. The agreement — made in mid-March — is part of a federal lawsuit handled by U.S.
District Judge David O. Carter.
Augustine said the group doesn't have exact schedules of operation because it needs to determine
when the best time is for clients at each location.
"If there's the demand and we are able to do it, then this can be seven days a week," Augustine said.
Three volunteers will usually run operations out of the van. Before the program had to close, it had a
pool of about 200 volunteers.
Augustine said the group chose the cities because they were noted as hot spots for HIV and drug
overdoses based on data from the Orange County Health Care Agency.
A 2017 report by the agency depicted Santa Ana as having the highest rate of HIV cases, while Orange
and Costa Mesa also have high rates. Anaheim's HIV rate has declined since 2014, though Augustine said
the concentration of people who use drugs in that area is still very high.
Another 2017 report by the agency listed Anaheim as having the highest number of opioid overdose
deaths, at 123, between 2011 and 2015. Next is Huntington Beach with 106, Santa Ana with 91, Costa
Mesa at 65 and Orange at 56.
The sites where the van will operate are:
Santa Ana: area bounded by East Fourth Street, South Grand Avenue, North Standard Avenue and East
Chestnut Avenue
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Anaheim: area bounded by Riverside 91 Freeway, East La Palma Avenue, North Olive Street and North
Anaheim Boulevard
Orange: area bounded by West Katella Avenue, West Orangewood Avenue, Main Street and the Santa
Ana River
Costa Mesa: area bounded by West 18th Street, West 16th Street, Monrovia Avenue and the outer
border of the Armstrong Petroleum building
Augustine said the group chose locations away from residential zones, in light industrial areas.
In an effort to combat the syringe litter issue that led to the shuttering of the group, Augustine said
being open for more hours will allow people to have a better chance to dispose their used syringes with
the needle exchange.
The group will also conduct walk throughs of the planned sites to gather discarded syringes. There will
be a phone hotline and email address for people to report used needles.
"That way we can be directly informed and act on it," Augustine said. "In the past, we weren't informed
of where the needles were being found so we were doing our best to do needle cleanup sweeps of
where we thought they would be."
The group will also continue handing out sharps disposal containers to clients.
Augustine said the needle exchange will continue partnering with the Solace Foundation and Radiant
Health Centers — harm reduction groups that set up tables from 1 to 3 p.m. every Saturday at the Civic
Center.
Solace administers the opioid overdose reversal drug, naloxone, while Radiant Health offers HIV and
hepatitis C testing.
Augustine said the needle exchange will also give out naloxone and continue referring clients to housing
and treatment centers.
The program can get up and running with the sole approval of the state public health agency, Augustine
said.
Theresa Mier, California Department of Public Health spokeswoman who attributed information to the
agency, said in an email that the needle exchange doesn't need approval from the cities they plan to
operate in. Although as part of the state agency's authorization process, department officials will consult
with local law enforcement and health officers.
The approval process is currently in a public comment period that ends June 25.
Comments can be sent to SEPApplication@cdph.ca.gov.
The formal listing of the Orange County Needle Exchange Program's mobile service proposal can be seen
at bit.ly/2nCoeCp.
beniamin.brazil@latimes.com
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