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07/14/2020ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF JULY 14, 2020 The regular meeting of July 14, 2020 was called to order at 3:00 P.M. and adjourned for lack of a quorum. The regular adjourned meeting of July 14, 2020 was called to order at 4:01 P.M. telephonically, pursuant to Governor Newsom's Executive Order N-29-20 (superseding the Brown Act related provisions of Executive Order N-25-20) in response to COVID-19. The meeting notice, agenda and related materials were duly posted on July 9, 2020. MEMBERS PRESENT: Mayor Harry Sidhu and Council Members Stephen Faessel, Denise Barnes, Jordan Brandman, Jose F. Moreno, Lucille Kring, and Trevor O'Neil (all via teleconference). STAFF PRESENT: Interim City Manager Greg Garcia, City Attorney Robert Fabela, and City Clerk Theresa Bass ADDITIONS/DELETIONS TO CLOSED SESSION: City Attorney Robert Fabela announced Closed Session Item No. 1 related to a claim from Ms. Lyons regarding a slip and fall at Harbor Boulevard and Disney Way. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None CLOSED SESSION: At 4:04 P.M., Mayor Sidhu recessed to closed session for consideration of the following: 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of the California Government Code Section 54956.9: One potential case 2. PUBLIC EMPLOYEE APPOINTMENT (California Government Code 54957(b)(1)) Title: City Manager At 5:17 P.M., Mayor Sidhu reconvened the Anaheim City Council. INVOCATION: Council Member Lucille Kring FLAG SALUTE: Council Member Jordan Brandman ADDITIONS/DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS: City Clerk Theresa Bass reported that 46 public comments were received electronically prior to 2:00 P.M. related to City Council agenda items and matter within the jurisdiction of the Anaheim City Council [A final total of 49 public comments were received electronically and distributed to the City Council related to City Council agenda items and matters within the jurisdiction of the Anaheim City Council and made part of the official record]. — See Appendix. City Council Minutes of July 14, 2020 Page 2 of 22 CITY MANAGER'S UPDATE: Interim City Manager Greg Garcia referenced an earlier announcement by the County regarding a new COVID-19 testing center opening at the Anaheim Convention Center on July 15, 2020. He reported the site would provide testing for people with symptoms, healthcare workers, first responders, residents, and employees of skilled nursing and other group living facilities, and essential workers including grocery, food supply, utility, and public employees. He referred to the City's website for additional information. He congratulated the Anaheim Public Library for receiving the prestigious 2020 John Cotton Dana Library Public Relations Award and looked forward to formally recognizing the entire team at a future meeting. Council Member Moreno inquired about the timeline for Council discussion regarding the Angels Baseball development and community benefits agreements. Mr. Garcia responded that the negotiating team was working on this and would present a recommended package for Council consideration, but a timeline has not yet been determined. CONSENT CALENDAR: At 5:25 P.M., the consent calendar was considered with Council Member Moreno pulling Item Nos. 03, 04, 13, 14, and 15, and Council Member Barnes pulling Item Nos. 06 and 12 for separate discussion and consideration. MOTION: Council Member Kring moved to waive reading of all ordinances and resolutions, and adopt the balance of the consent calendar as presented, in accordance with reports, certifications, and recommendations furnished each city council member and as listed on the consent calendar, seconded by Mayor Pro Tem Faessel. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. B105 1. Receive and file minutes of the Cultural and Heritage Commission meeting of November 21, 2019 and the Parks and Recreation Commission meetings of December 4, 2019, January 22, 2020, February 26, 2020, and June 16, 2020. 2. Accept the bid from S. C. Yamamoto, Inc., in the amount of $48,925 plus applicable tax and a D180 20% contingency, to perform trash, litter, and debris removal services for the Anaheim Resort Maintenance District's Caltrans areas for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to execute the renewal options in accordance with Bid #9445. AGR- 5. Award the construction contract to the lowest responsible bidder, Hot Line Construction, Inc., 12095 in the amount of $2,925,748 plus a 10% contingency, for the construction of the Underground District No. 68 Eucalyptus and Direct Buried Cable Replacement Project; authorize the Director of Public Works to execute the contract and any other related documents, and take the necessary actions to implement and administer the contract; determine that the project is categorically exempt under the California Environmental Quality Act pursuant to Sections 15302(c), 15302(d), 15303(d), and 15303(e) of Title 14 of the California Code of Regulations; and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. City Council Minutes of July 14, 2020 Page 3 of 22 AGR- 7. Approve an engineering services agreement with Nichols Consulting Engineers, CHTD, in the 12097 Total amount not to exceed $142,230, for a Trench Cut Fee Study, and authorize the Director of Public Works to execute the agreement and other related documents, and take the necessary actions to implement and administer the agreement. AGR- 8. Approve a license agreement with BNSF Railway Company, in the one-time license fee amount of $7,400, for a fiber optic communication line crossing at Orangethorpe Avenue and 12098 Kellogg Drive; and authorize the Public Utilities General Manager, or designee, to execute the agreement and related documents and take the necessary actions to implement and administer the agreement. AGR- g. Approve the Environmental Waste Management Services Agreement with Ocean Blue 12099 Environmental Services, Inc., in a total amount not to exceed $350,000 with a 15% contingency for extra services, for as -needed environmental waste management services for an initial three year term with two one-year optional extensions; authorize the Public Utilities General Manager, or designee, to execute the agreement and related documents, and take any necessary or advisable actions to implement and administer the agreement; and authorize de minimis changes that do not substantially change the terms and conditions of the agreement, as determined by the City Attorney. AGR- 10. Approve an agreement with C.R.&A. Custom Apparel Inc., dba C.R.A. Custom, Inc., in the 12100 average annual sum of $341,287 with a 15% contingency for extra services, for Public Utilities graffiti abatement services for an initial three-year term with two one-year optional extensions; authorize the Public Utilities General Manager, or designee, to execute the agreement and related documents, and take the necessary actions to implement and administer the agreement; and determine that the planned graffiti abatement services are categorically exempt from the California Environmental Quality Act pursuant to Section 15301(b) of Title 14 of the California Code of Regulations. AGR- 11. Approve an agreement with the Orange County Fire Authority (OCFA), in an amount paid by 1784.6 OCFA to Anaheim equal to 65% of the secured Structural Fire Fund revenue generated in the service area, allowing the Anaheim Fire & Rescue Department to provide fire and medical service support to a small unincorporated area in southwest Anaheim for the period retroactive to July 1, 2020 to June 30, 2025. AGR- 16. RESOLUTION NO. 2020-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 12101 OF ANAHEIM approving the donation and title transfer of city equipment to The Salvation Army (2006 Taylor Dunn utility cart, model 132-48). Pilo 17. RESOLUTION NO. 2020-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a Public Utility Easement located at 2691 West La Palma Avenue pursuant to California Streets and Highways Code Section 8330, et seq. - Summary Vacation. (ABA2020-00401). P124 18. RESOLUTION NO. 2020-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain interests in real property (City Deed Nos. 12384, 12385, 12386, 12387, 12388, 12389, 12390, 12391, 12392, 12393, 12394, 12395, 12396, and 12397; 420 South Beach Boulevard, 3650 East Miraloma Avenue, 370 South Peralta Hills Drive, 355 South Avenida Margarita, 5131 Crescent Drive, 4950 East Crescent Drive, 4521 Cerro Vista Drive, 5120 Crescent Drive, 1701 East City Council Minutes of July 14, 2020 Page 4 of 22 Katella Avenue, 9381 West Houston Avenue, 1030 West Katella Avenue, 707 South East Street, and 2691 West La Palma Avenue; in connection with the provision of utility services). P124 19. RESOLUTION NO. 2020-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 12403 and 12404; 445 N. Mariposa Place; in conjunction with the construction of an Auxiliary Parking Lot in accordance with grading plan number GRA2016- 03175).Approve minutes of the City Council meetings of August 27, 2019 and September 10, 2019. C280 20. ORDINANCE NO. 6489 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Chapter 18.52 (Density Bonuses) of Title 18 (Zoning) of the Anaheim Municipal Code and finding and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Sections 15060(c)(2) and 15060(c)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and it is not a project, as defined in Section 15378 of the CEQA Guidelines (Zoning Code Amendment No. 2019- 00168) (DEV2019-00174; to reflect recent changes to the State Density Bonus Law and to facilitate the development of affordable housing). During discussion of Item No. 15, Council Member Kring clarified she wished to register a. "no" vote on Item No. 20 for consistency with her vote on the introduction of the ordinance on June 23, 2020. ROLL CALL VOTE. AYES — 6 (Mayor Sidhu and Council Members Faesse/, Barnes, Brandman, Moreno, and O'Neil); NOES — 1 (Council Member Kring). Motion carried; ordinance adopted. D114 21. Approve minutes of City Council meetings of September 24, 2019 and October 22, 2019. END OF CONSENT CALENDAR: D180 3. Accept the bids from Dana Safety Supply, West Coast Lights & Sirens, Inc., Lehr Auto Electric, and Adamson Police Products, in a combined not to exceed amount of $177,185 plus applicable tax and a 15% contingency, for public safety vehicle equipment for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9435. Purchasing Agent Barry Bartlett reported the item is the result of a competitive bid for parts required by the City for public safety vehicles. He reported it was the best overall value to split the award between four competitors, as needed, for one year. He also advised the contract is renewable for up to four one-year periods. DISCUSSION: In response to Council Member Moreno's inquiry, Public Works Director Rudy Emami reported the funding would come from the General Fund. Mr. Emami stated the importance to have the ability to receive parts to repair existing vehicles, as new vehicle purchases are restricted due to the current budget situation. He also confirmed City vehicles are purchased through the Public Works Department and then leased out to other City departments. He explained those departments pay for the vehicles over time into the Fleet Fund as part of the budgetary process based on a formula, which includes the purchase, maintenance, and gas consumption. He further explained it was more of a financing tool to spread the costs of vehicles over several years. MOTION: Council Member Kring moved to accept the bids from Dana Safety Supply, West Coast Lights & Sirens, Inc., Lehr Auto Electric, and Adamson Police Products, in a combined not to exceed City Council Minutes of July 14, 2020 Page 5 of 22 amount of $177,185 plus applicable tax and a 15% contingency, for public safety vehicle equipment for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #9435, seconded by Mayor Pro Tem Faessel. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. D180 4. Waive Council Policy 4.0 and authorize the Purchasing Agent to issue a master agreement to FLIR Surveillance Inc., in the amount of $59,276.25, for service maintenance to the FLIR Star Safire 380 HD camera system used by the Police Department for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options subject to budget appropriations. Purchasing Agent Barry Bartlett reported the item is an agreement to purchase a one year maintenance for the FLIR Star Safire 380 HD camera system used by one of the Police Department helicopters, as well as four one-year optional renewals. Police Chief Jorge Cisneros reported the item is to provide a warranty or an additional year of maintenance for the camera system. He reported the camera system provides high-quality color or infrared images of ground situations from extended distances and altitudes while providing detailed, real-time information to multiple command centers. The system's capabilities enable incident commanders to assess hazards before sending emergency personnel into harm's way. DISCUSSION: In response to Council Member Moreno's inquiry, Police Chief Cisneros reported Anaheim has an agreement with the City of Irvine to charge an hourly rate of $975 per hour for use of the City's helicopter and any other municipalities who use the service are charged $1,000 per hour. He reported any incoming funds are returned to the General Fund, and could be used for this maintenance and other items. MOTION: Council Member O'Neil moved to waive Council Policy 4.0 and authorize the Purchasing Agent to issue a master agreement to FLIR Surveillance Inc., in the amount of $59,276.25, for service maintenance to the FLIR Star Safire 380 HD camera system used by the Police Department for a one year period with four one-year optional renewals; and authorize the Purchasing Agent to exercise the renewal options subject to budget appropriations, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. AGR- 6. Approve the Cooperative Agreement with the City of Buena Park, in the cost share amount of 12096 $250,000, for the funding, design, construction, and maintenance of the Western Avenue Pedestrian Traffic Signal Project and amend the current Public Works budget to allocate restricted transportation funds for this project. DISCUSSION: Council Member Barnes thanked staff for their work on the item and noted it had been a problem for several years in District 1, to coordinate the project between Anaheim and Buena Park. MOTION: Council Member Barnes moved to approve the Cooperative Agreement with the City of Buena Park, in the cost share amount of $250,000, for the funding, design, construction, and maintenance of the Western Avenue Pedestrian Traffic Signal Project and amend the current Public Works budget to allocate restricted transportation funds for this project, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. City Council Minutes of July 14, 2020 Page 6 of 22 AGR- 12. Approve the First Amendment to the Agreement with JMH-Anaheim Foundation Inc. dba Love 10805.1 Anaheim, increasing the agreement amount by $120,000 for a total not to exceed amount of $360,000, to expand the project Better Way Anaheim to coordinate resources, bridge organizations, provide homeless participants with service projects, and a skills development program for the term ending June 21, 2021; and authorize the City Manager, or designee, to execute and administer the First Amendment. Community Preservation & Licensing Manager Sandra Sagert reported the item is a First Amendment with Love Anaheim for an additional amount not to exceed $120,000, bringing the total contract amount to not to exceed $360,000. She advised this is for the project Better Way Anaheim (BWA) to coordinate resources, bridge organizations, provide homeless participants with service projects, and a skills development program. She explained BWA is an innovative program that offers voluntary community service projects for work experience to help end homelessness and create work stability She stated the program started as a pilot in December 2017 and had served over 960 homeless participants. She provided a brief overview of the BWA Coronavirus Job Opportunity and Skills Development Program, including the projects, payment methods, and partnerships with local businesses. Ms. Sagert reported the expanded BWA program was designed to run for one day a week initially and the amendment provides the ability for the City Manager to authorize the expansion of the program to two days a week for up to $120,000 for one year. She explained the costs associated with the expansion would be funded by Homeless Housing, Assistance and Prevention (HHAP) funding that the City has received from the State. She explained this program aligned with the City's Pathway to Work. DISCUSSION: Council Member Barnes thanked staff for the update and highlighted the work of Pastor Nathan Zug at Magnolia Baptist Church who leads the Love Anaheim and Better Way Anaheim projects. She explained this helped beautify the City and provides the dignity of work to homeless individuals. MOTION: Council Member Barnes moved to approve the First Amendment to the Agreement with JMH-Anaheim Foundation Inc. dba Love Anaheim, increasing the agreement amount by $120,000 for a total not to exceed amount of $360,000, to expand the project Better Way Anaheim to coordinate resources, bridge organizations, provide homeless participants with service projects, and a skills development program for the term ending June 21, 2021; and authorize the City Manager, or designee, to execute and administer the First Amendment, seconded by Mayor Pro Tem Faessel. DISCUSSION: Mayor Pro Tem Faessel recognized the great work performed in many parks and thanked Pastor Zug and his team for their work and its impact on the community. MOTION: Council Member Barnes moved to approve the First Amendment to the Agreement with JMH-Anaheim Foundation Inc. dba Love Anaheim, increasing the agreement amount by $120,000 for a total not to exceed amount of $360,000, to expand the project Better Way Anaheim to coordinate resources, bridge organizations, provide homeless participants with service projects, and a skills development program for the term ending June 21, 2021; and authorize the City Manager, or designee, to execute and administer the First Amendment, seconded by Mayor Pro Tem Faessel. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. City Council Minutes of July 14, 2020 Page 7 of 22 R100 13. RESOLUTION NO. 2020-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (City Administration, City Clerk, Community & Economic Development, Community Services, Convention, Sports & Entertainment, Finance, Fire & Rescue, Human Resources, Planning & Building, Police and Public Works). Council Member Moreno expressed concern that some of the items may be essential public records, specifically in the Police Department. He noted several emails had been received expressing concern with the records proposed to be destroyed. City Clerk Theresa Bass reported the item is a resolution authorizing the destruction of certain records of the City per the adopted Record Retention Schedules. She explained the Office of the City Clerk is responsible for ensuring continued compliance with the City's record retention schedules and various laws. She reported the "Lighten the Load" program aims at helping the City and individual departments manage records, improve efficiency and service, improve storage and retrieval systems, and comply with legal requirements. Ms. Bass reported eleven City departments/divisions participated in the program and identified records for destruction that are no longer needed in the normal course of business and have met or exceeded the retention periods as prescribed by the city's Record Retention Schedules. Additionally, she reported there is no litigation or other situation that has arisen to require such records be retained. Lastly, she reported the City Attorney's Office reviewed and approved the item. DISCUSSION: Council Member Moreno questioned the urgency and timeliness of this action. In response to Council Member Moreno's inquiry, City Attorney Robert Fabela referred to a letter received from the American Civil Liberties Union (ACLU) and reported public records that are subject to a Public Records Act request would not be destroyed, and such information has been relayed to the ACLU. Senior Assistant City Attorney Kristen Pelletier confirmed documents subject to a pending request or SB -1421 are not on the destruction list. Ms. Bass noted there was not a specific timeframe for action and the item could be continued in its entirety or just portions could be continued. Council Member Moreno stated Exhibit J has many records that may be pertinent to current conversations and he believed action on Exhibit J pertaining to Police records should be withheld at this time. Mayor Pro Tem Faessel reported he was contacted by constituents regarding past, pending, or current litigation cases and who were concerned those records would be destroyed. He advised he did follow up with the City Attorney's Office and understood critical documents would not be destroyed. MOTION: Council Member Kring moved to approve RESOLUTION NO. 2020-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (City Administration, City Clerk, Community & Economic Development, Community Services, Convention, Sports & Entertainment, Finance, Fire & Rescue, Human Resources, Planning & Building, Police and Public Works) as presented, seconded by Council Member O'Neil. DISCUSSION: Council Member Moreno expressed his interest in retaining ten years of records for the Police Department out of an abundance of caution and to allow for greater review and research to address community concerns. City Council Minutes of July 14, 2020 Page 8 of 22 SUBSIDIARY MOTION: Council Member Moreno moved to amend the motion to remove Exhibit J of the resolution from consideration, seconded by Council Member Barnes. DISCUSSION: Council Member Kring expressed confidence that the appropriate documents were being destroyed. Council Member Barnes felt Council Member Moreno's request to remove Exhibit J from consideration may be prudent as additional reports were coming at the next meeting and expressed her support for the amended motion. SUBSIDIARY MOTION: Council Member Moreno moved to amend the motion to remove Exhibit J of the resolution from consideration, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 2 (Council Members Barnes and Moreno); NOES — 4 (Mayor Sidhu and Council Members Faessel, Kring, and O'Neil); ABSTAIN — 1 (Council Member Brandman). Motion failed. MOTION: Council Member Kring moved to approve RESOLUTION NO. 2020-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (City Administration, City Clerk, Community & Economic Development, Community Services, Convention, Sports & Entertainment, Finance, Fire & Rescue, Human Resources, Planning & Building, Police and Public Works) as presented, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 6 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil); NOES —1 (Council Member Moreno). Motion carried. R100 14. RESOLUTION NO. 2020-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or designee to submit an application to the California Natural Resources Agency for grant funds for the California Climate Investments Urban Greening Program for the North La Palma Green Promenade and Paseo Project and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly (grant funds, in an amount not to exceed $2,000,000; for improvements to North La Palma Parkway and La Palma Park). Community Services Director Larry Pasco reported the item is requesting the approval of a resolution to apply for up to $2,000,000 in Urban Greening Program grant funds for improvements to the North La Palma Parkway and La Palma Park. He explained the grant is being offered through Senate Bill (SB) 859, which created the California Natural Resources Agency's Urban Greening Program funded by the Greenhouse Gas (GHG) Reduction Fund, to support the development of projects that reduce GHG emissions by sequestering carbon through planting trees, decreasing energy consumption, and reducing vehicle miles traveled. He explained that, if awarded, a Green Promenade would enhance the pedestrian and vehicular experience in and around the park, promote a variety of environmental benefits, and increase recreational access and pedestrian connectivity throughout the area. DISCUSSION: Council Member Moreno thanked staff for pursuing external grant funding to improve the quality of life for Anaheim residents. In response to Council Member Moreno, Mr. Pasco reported the City would receive the grant results within three to five months. He explained construction would begin approximately one year after the grant is awarded for this portion of the overall La Palma Park improvements project. MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2020-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or designee to submit an application to the California Natural Resources Agency City Council Minutes of July 14, 2020 Page 9 of 22 for grant funds for the California Climate Investments Urban Greening Program for the North La Palma Green Promenade and Paseo Project and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly (grant funds, in an amount not to exceed $2,000,000; for improvements to North La Palma Parkway and La Palma Park), seconded by Mayor Pro Tem Faessel. DISCUSSION: Mayor Pro Tem Faessel thanked staff for their work on the item. He appreciated the renderings and believe the grant, if received, would help make the area more livable and enjoyable for residents. MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2020-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Community Services or designee to submit an application to the California Natural Resources Agency for grant funds for the California Climate Investments Urban Greening Program for the North La Palma Green Promenade and Paseo Project and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly (grant funds, in an amount not to exceed $2,000,000; for improvements to North La Palma Parkway and La Palma Park), seconded by Mayor Pro Tem Faessel. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. R100 15. RESOLUTION NO. 2020-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the Fiscal Year 2020 Alcohol Policing Partnership Grant, authorizing the City Manager, or his designee, to execute all required grant documents, and amending the budget for Fiscal Year 2020-21 accordingly (grant funds in the amount of $73,900). Police Chief Jorge Cisneros reported the item is the approval of a grant award on behalf of the City of Anaheim for $73,900 from the Department of Alcoholic Beverage Control to participate in the FY 2020 Alcohol Policing Partnership Grant. Police Chief Cisneros reported the grant provides funding that will enable the Anaheim Police Department to expand their present efforts in addressing alcohol-related problems through the comprehensive Alcoholic Beverage Control program. He reported the program would encompass a wide range of strategies including utilizing minor decoys, conducting shoulder taps, property inspections, and investigations to verify if sales to intoxicated individuals, minors, panhandlers, or loiterers was taking place. He explained there was also an educational component that would allow investigators to educate business owners on programs available through the Department of Alcoholic Beverage Control to assist their businesses during these hard economic times. DISCUSSION: In response to Council Member Moreno's inquiry, Police Chief Cisneros explained minor decoys are underage minors who attempt to purchase alcohol to ensure the establishment is compliant with state laws. He further explained that shoulder taps are used to see if someone would buy alcohol for underage minors. Police Chief Cisneros reported this grant has been received. in the past and offered to provide City Council a memo regarding the success of the program. In response to Council Member Moreno's inquiry, Police Chief Cisneros reported this item is strictly through the Police Department's VICE unit but could include collaboration with Code Enforcement. He also advised the grant predominantly pays for staffing. Further, he noted the educational component was meant to assist the businesses themselves. City Council Minutes of July 14, 2020 Page 10 of 22 During discussion of Item No. 15, Council Member Kring clarified she wished to register a "no" vote on Item No. 20 for consistency with her vote on the introduction of the ordinance on June 23, 2020. In response to an inquiry from Council Member Moreno, City Attorney Rob Fabela stated this practice was permissible provided it did not change the outcome of the original vote. MOTION: Council Member Moreno moved to approve RESOLUTION NO. 2020-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of a grant application and the acceptance of a grant on behalf of the City of Anaheim for the Fiscal Year 2020 Alcohol Policing Partnership Grant, authorizing the City Manager, or his designee, to execute all required grant documents, and amending the budget for Fiscal Year 2020-21 accordingly (grant funds in the amount of $73,900), seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. M142 22• ORDINANCE NO. 6490 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 4.110 to Title 4 of the Anaheim Municipal Code (Syringe Exchange Programs) prohibiting syringe exchange programs from operating in the City of Anaheim and finding and determining that this ordinance is not subject to the California Environmental Quality. Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment because there is no possibility it will have a significant effect on the environment and it is not a project pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378. or alternatively: ORDINANCE NO._ (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 4.110 to Title 4 of the Anaheim Municipal Code (Syringe Exchange Programs) to regulate syringe exchange programs within the City of Anaheim and finding and determining that this ordinance is exempt from the requirements to prepare additional environmental documentation pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15301 (Class 1; Existing Facilities), 15303 (Class 3; New Construction or Conversion of Small Structures) and 15311 (Class 11; Accessory Structures). Community Preservation & Licensing Manager Sandra Sagert reported the item is two ordinances for City Council consideration. The first would introduce an ordinance banning the establishment of Syringe Exchange Programs (SEPs) within the City of Anaheim and determine that this action is not subject to the California Environmental Quality Act (CEQA). The second would introduce an ordinance to permit and regulate the establishment of SEPs within the City of Anaheim and determine that this action is exempt from CEQA. Ms. Sagert reported in July 2018 the California Department of Public Health (CDPH) authorized the Orange County Needle Exchange Program (OCNEP) to provide mobile needle/syringe exchange services at four locations in Orange County, including Anaheim, beginning on August 6, 2018. She reported Anaheim joined a lawsuit challenging the mobile SEPs in light of public safety concerns. She recapped that City Council adopted an urgency ordinance in August 2018 prohibiting SEPs from operating in Anaheim and extended that moratorium at a public hearing in October 2018. Ms. Sagert reported the Superior Court of California granted the City's request for a preliminary injunction to prevent OCNEP from operating pending trial, based on public health and safety concerns in December 2018. She explained the City later filed a motion for summary adjudication City Council Minutes of July 14, 2020 Page 11 of 22 asking the Superior Court to invalidate the CDPH's authorization on several grounds, including violation of CEQA with the Court ruling in the City's favor, vacating CDPH's authorization for OCNEP to operate a mobile syringe exchange program in Orange County, and prohibiting OCNEP from the future operation of any mobile exchange in the county absent CEQA compliance. Lastly, City Council extended the moratorium in August 2019 to provide staff more time to complete its analysis. Ms. Sagert reported staff has completed its analysis and research regarding SEPs including review of state law, evaluation of actions taken by cities in Orange County and throughout the State to ban or permit SEPs, and consultation and feedback from the local Orange County Recovery Collaborative. She advised City Council has the option to pass an ordinance to ban SEPs, which would result in the complete prohibition of SEPs within the City and the other is to pass an ordinance to permit and regulate SEPs. She explained the details of each ordinance for City Council and the public. The Ban Ordinance would be a complete prohibition on SEPs in the City. Staff found that no other Orange County cities permit them, Costa Mesa has a complete ban on SEPs, and the City of Orange bans mobile SEPs. She further explained a Ban Ordinance would keep in place the protections of the moratorium, address concerns of potential secondary impacts to surrounding properties, provide staff time to monitor other jurisdictions for best practices, and would not affect residents who currently exchange syringes at local pharmacies and hospitals. For the proposed ordinance to permit and regulate SEPs, Ms. Sagert explained it includes permitting, operation, and location requirements to mitigate potential impacts; annual permits; revocation for violations; authorization from the state or county; serve as an accessory use to a hospital or medical office; not be within 1,000 feet of an elementary or secondary school; minors under 18 must be accompanied by a parent or guardian; statistics reporting; weekly cleanups; employee and volunteer ID cards and NARCAN training; OSHA - compliant disposal; only single -use, retractable, smart syringes with barcodes or coloring; a 1 -for -1 exchange with a maximum of 30 per day; and an operations plan approved by the City. Ms. Sagert reported state law (California Health & Safety Code § 121349) allows the state to permit SEPs if certain statutory conditions are met, but either option presents some risk of a legal challenge. She further advised staff has taken steps to mitigate the risk of a legal challenge by including language in the Ordinance to Ban SEPs indicating that if the ban is not allowed under state law, it will yield to that law. Additionally, she reported this should prevent a challenge to the ordinance as written, leaving any potential legal issues to be hashed out if, and when, the state or the county ever decides to establish a SEPs program in Anaheim, at which point there may be more legal guidance on these issues. Ms. Sagert reported staff recommends the City Council find that the effects of the proposed ordinance banning SEPs within the City of Anaheim are not subject to CEQA under Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment because there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. She explained the effects of the proposed ordinance to permit and regular SEPs is categorically exempt from CEQA under Sections 15301, 15303, and/or 15311. DISCUSSION: Mayor Sidhu stated residents have made it clear they do not want a needle exchange program in the City and expressed his support for an ordinance to ban SEPs. He did not want Anaheim to become a magnet for participants in the program. MOTION: Mayor Sidhu moved to introduce the first proposed ordinance prohibiting syringe exchange programs from operating in the City of Anaheim, ORDINANCE NO. 6490 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 4.110 to Title 4 of the Anaheim Municipal Code (Syringe Exchange Programs) prohibiting syringe exchange programs from operating City Council Minutes of July 14, 2020 Page 12 of 22 in the City of Anaheim and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment because there is no possibility it will have a significant effect on the environment and it is not a project pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378, seconded by Council Member O'Neil. DISCUSSION: Mayor Pro Tem Faessel expressed his support for Drug Free Anaheim and work The Salvation Army does regarding recovery program that help the addition problem. He expressed concern about the needle problem and offered his support for an ordinance to ban SEPs. Council Member Barnes expressed her support for an ordinance to ban SEPs. She congratulated those nonprofits and other outreach groups who have championed for their clients. Council Member O'Neil opposed any type of needle exchange program and expressed his support for an ordinance to ban SEPs. In response to Council Member Moreno's inquiry, City Attorney Robert Fabela explained Section 121349 provides that the State Department of Public Health may authorize entities that provide SEPs to operate under a state permit if the statutory conditions are met, and the issue could go either way if challenged. Mr. Fabela anticipated that if a ban was enacted and it was challenged by the State or a provider to have a SEP in Anaheim, they would review the ban but he did not have a definitive answer at this time and there could be a future judicial determination. Council Member Moreno expressed his opposition to banning SEPs and felt it was a continuing public health interest. He believe proper regulations and monitoring would provide a service and an opportunity for recovery. He also felt the sharing of dirty needles would continue in light of a citywide ban and would continue to put City employees at risk due to exposure to dirty needles. In response to Council Member Moreno's inquiry, Ms. Sagert reported since the homeless shelters have opened there has been a reduction of needles in public spaces but it was still a problem. Council Member Moreno expressed concern that not all addicts are homeless and encouraged City Council to support regulating a SEP program. Council Member Kring expressed her support for an ordinance to ban SEPs. Council Member Brandman expressed his support for regulating an SEP in Anaheim, even if it may not be a popular opinion with many constituents. He provided history and statistics from the State regarding the success of SEPs. He noted there were 40 SEPs across the State, most of which provide additional services in addition to the exchange itself. He addressed statistics regarding cases of HIV reducing in conjunction with the existence of SEPs where allowed. Council Member O'Neil commented that notwithstanding the good intentions of needle exchange programs, they do not live up to their promise of eliminating or reducing the discarding of used syringes. He questioned the viability of existing program and noted many syringes were still found in public in cities with existing programs. He expressed his support for an ordinance to ban SEPs. In response to Council Member Moreno's inquiry regarding options, Council Member Barnes noted that hospitals offer needle disposal programs and there would need to be educational materials provided to help educate users of needles. She also noted that clean up support would need to be provided by the County. City Council Minutes of July 14, 2020 Page 13 of 22 In response to Council Member Moreno's inquiry, Ms. Sagert reported pharmacies and hospitals are protected under state law to provide and dispose of needles and are very engaged with the City to monitor the number of needles being exchanged. She also reported the smart syringes were strongly suggested by Orange County Recovery Collaborative and other groups due to their positive health and community impacts. She also reported collecting data is critical for accountability and compliance, particularly if more than one SEP was permitted. Council Member Moreno suggested City Council consider a pilot program with regulations prior to instituting a ban. In response to Council Member Barnes' inquiry, Ms. Sagert reported the program would be citywide and include everyone if instituted, but secondary impacts tended to be tied to addiction and homelessness. Council Member Brandman expressed his support for a pilot program. Mayor Sidhu expressed his support for an ordinance to ban SEPs. MOTION: Mayor Sidhu moved to introduce the first proposed ordinance prohibiting syringe exchange programs from operating in the City of Anaheim, ORDINANCE NO. 6490 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Chapter 4.110 to Title 4 of the Anaheim Municipal Code (Syringe Exchange Programs) prohibiting syringe exchange programs from operating in the City of Anaheim and finding and determining that this ordinance is not subject to the California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment because there is no possibility it will have a significant effect on the environment and it is not a project pursuant to CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 5 (Mayor Sidhu and Council Members Faessel, Barnes, Kring, and O'Neil; NOES — 2 (Council Members Brandman and Moreno). Motion carried; ordinance introduced. D116 23. Update on the City's response to COVID-19. Mayor Sidhu reported work continued with the Governor's office, County health officials, and mayors statewide to ensure everything was being done to respond to the COVID-19 crisis. He expressed disappointment that Governor Newsom's re -opening plan had to be rolled back due to rising case counts. He announced free drive-through testing would be available at the Anaheim Convention Center for residents. Mayor Sidhu encouraged residents to follow mandatory healthcare guidelines so the economy could move towards reopening. He requested an update regarding additional funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act and expressed support for using those funds to help support Anaheim renters. He also requested a report on Small Business Micro Loan programs. Lastly, he requested a report on what the City can do to support outdoor retail and outdoor dining. He suggested Center Street Promenade be closed in order to allow restaurants and retailers to use the space as outdoor space. Interim City Manager Greg Garcia expressed concern with the rise in COVID-19 cases but assured City Council that Anaheim has vigilantly increased its efforts to get the word out and get residents tested. Fire Chief Pat Russell reported Emergency Operations Center (EOC) staff and the Finance Department are working diligently for cost recovery and to provide the safest environment for City employees, residents, and visitors. He provided a brief overview of the EOC timeline before it was City Council Minutes of July 14, 2020 Page 14 of 22 demobilized on June 12, 2020, and noted it would be reactivated if necessary. He explained points for reactivation include a citywide department need for logistical materials or equipment, a significant COVID-19 impact on City staff, and a positivity rate increase that leads to an impact on the healthcare system. Fire Chief Russell reported that on July 13, 2020, the EOC was reactivated to a Level 3, which will include minimal staffing Monday through Thursday. He reported two Zoom conferences and the Incident Status Summaries would be provided weekly. Chief Communication Officer Mike Lyster provided an update on expanding COVID-19 testing in Anaheim. He reported that starting July 15, 2020, Anaheim would host public drive-through testing at the Anaheim Convention Center Wednesday through Sundays from 8:00 a.m. to 4:00 p.m., by appointment only, and would continue for the next 30 days. He advised those residents with insurance would have their insurance billed for testing but there would be no out of pocket costs. Lastly, he reported neighborhood testing would be on July 15, 2020, as part of the County's Latino Health Equity Initiative, and will be held at Anaheim High School and noted schools and non -profits had completed outreach Mr. Lyster reported new business restrictions were in place, which restrict indoor operations, but there was an opportunity for limited outdoor operations. He noted outdoor shopping centers such as Festival in East Anaheim, Anaheim Plaza, and Downtown Disney would be able to continue operating with stores and restaurants following the most recent guidelines. Mr. Lyster reported a surge in COVID-19 cases continued throughout the county with 4,514 active, past and recovered cases, and 102 deaths in Anaheim. He reported cases were up 66% since the beginning of July and steadily climbing. He also reported hospitals were seeing a surge in COVID-19 patients as well. He explained Anaheim was responding to the surge with expanded testing and reinforcement of City and state guidelines. Mr. Lyster reported public information and education has ramped up since Orange County began reporting cases by ZIP codes on June 26, 2020, and noted a comprehensive daily summary of cases can be found at www.anaheim.net/coronavirus. He reported Public Service Announcements regarding face -covering enforcement has also increased. Mr. Garcia reported Anaheim would receive $33,000,000 for reimbursement for COVID-19 related activities, which includes $30,000,000 from the State and $3,000,000 from Orange County. He explained the City has requested clarification on how the money can be used and staff was compiling a list of all previously incurred expenses to determine how the City could be reimbursed from the $33,000,000. He anticipated audits in the future and wanted to ensure Anaheim uses the funds correctly. Once the analysis is completed, staff will determine how much of the $33,000,000 remains and how it could be used for new programs. Mr. Garcia reported the City funded $250,000 to the Emergency Rental Assistance Program in conjunction with United Way of Orange County who provided matching funding from the private industry. He noted the program has served 1,100 Anaheim families to date who each received a $500 stipend for rent and other emergencies. He also reported the City has an opportunity to infuse another $250,000 into the United Way program and is evaluating the possibility. Mr. Garcia reported on the City's Emergency Rental Assistance Program which can provide three months of assistance, not to exceed $2,100, per applicant for arrears or upcoming rent. He advised the City is processing 895 applications with the anticipation of checks going out next week. City Council Minutes of July 14, 2020 Page 15 of 22 Additionally, he would like to investigate supplementing the program with the additional CARES Act funding. He reported the Small Business Micro Loan Program has been converted to a grant program instead of a loan program to align with similar County programs and to assist with complicated loan documentation. He reported 160 loans would be provided through a partnership with the County, Anaheim Community Foundation (ACF), and Wells Fargo with checks going out shortly. He also expressed interest in supplementing the program with CARES Act funds. Lastly, he advised staff was developing recommendations for use of the additional CARES Act funds Mr. Garcia reported another stimulus package was being reviewed by Congress but it was unclear if state and local governments would receive funding and Anaheim continues to advocate and communicate with legislators for its needs. DISCUSSION: Mayor Pro Tem Faessel suggested some of the additional CARES Act funds be provided to the ACF. He reported the YMCA is serving over 80,000 meals per week in conjunction with ACF and would like to see that continue. Council Member Barnes reiterated the food crisis in Anaheim and encouraged providing ACF with additional funding. In response to Council Member O'Neil's inquiry, Mr. Garcia explained the County only provided Small Business assistance program funds for District 3, which is in place. He further explained the Supervisor for District 4 contracted with the Small Business Development Center (SBDC) to distribute funding and staff has been referring District 4 businesses to contact SBDC directly. Council Member Moreno reported on dates testing will occur at the local high schools and provided a brief update on the COVID-19 cases since the last City Council meeting. He presented a chart that compared current COVID-19 cases by zip code as compared to a month ago. He expressed concern residents may be hearing mixed messages about going out in public and returning to work. In response to Council Member Moreno's inquiry, Mr. Garcia explained reopening places such as restaurants, grocery stores, and City Hall is a tough call and Anaheim looks at the guidance of State Public Health and County Public Health to make reopening decisions. He commented that as long as essential workers are taking the necessary steps to protect themselves in their work environment, they should be protected and safe. Council Member Kring expressed concern that the protests may have contributed to the increase in COVID-19 cases. She suggested the testing statistics might be skewed. She felt many businesses, including restaurants, are employing heightened cleaning and adhering to social distancing. She expressed her support for the Orange County Education Department's decision to reopen. She was disheartened Disneyland was not allowed to reopen like the other Disneyland properties. Council Member Brandman expressed his support for using the Anaheim Convention Center as a testing site. He encouraged residents to adhere to the restrictions in place so Anaheim can turn the tide in the pandemic and encouraged the local school districts to make the best decision for their students. Council Member Barnes thanked City staff, front line workers, Fire Chief Russell, and Interim City Manager Greg Garcia for their support during the COVID-19 crisis. She thanked area doctors and nurses who were working tirelessly during the pandemic. City Council Minutes of July 14, 2020 Page 16 of 22 Council Member Moreno explained he did not lead any protests and reported the protest was an organized, safe, socially distanced protest. He participated to hear the concerns of the residents. He stated the case increase was not due to protests but due to the reopening and residents needing to work. Council Member Moreno suggested local property owners who sustain themselves be considered for the additional CARES Act funding. He also requested staff coordinate a meeting to reach out with telecommunications providers in Anaheim to provide free Wi-Fi for children who are doing distance learning. Additionally, he would like to see the City explore additional options to keep Anaheim students engaged in online after-school programs. In response to Council Member Moreno, Mr. Garcia advised Anaheim would continue to work with the County to get resources and information out to the neighborhoods. He reported the County was working on isolation rooms for families who are in dense housing situations and Anaheim would continue to work with local non -profits to educate residents. Council Member Kring thanked Angels Baseball for their food distribution. She noted the City was taking many precautions to ensure residents are safe. Informational item - No action taken. PUBLIC HEARINGS: D155 24. This is a public hearing to consider participation in the Statewide Community Infrastructure Improvement Program of the California Statewide Communities Development Authority. RESOLUTION NO. 2020-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the City to join the Statewide Community Infrastructure Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Anaheim; approving form of acquisition agreement for use when applicable; and authorizing related actions as provided for in the resolution. Director of Community and Economic Development John Woodhead reported the item is the consideration of the adoption of a resolution that would authorize the City to join the Statewide Community Infrastructure Program (SCIP). He explained Council Member O'Neil formed a working group and worked with Mayor Pro Tem Faessel and Council Member Kring to identify strategies that could be pursued at the local, regional, and state levels to increase the supply of housing and to address housing affordability. He noted efforts to finalize the recommendations have been complicated due to the current public health crisis, but the group is making significant progress and plans to present its recommendations to City council in the coming weeks. Mr. Woodhead noted access to capital and financing is a key factor in undertaking new residential development. He reported developers identified a state financing program as a means to encourage and facilitate new infill residential development in the City. He explained the merits of the program were not analyzed until the City received an inquiry from SLF West Lincoln LLC, also known as Shopoff Realty Investments, who expressed an interest in applying for program funds to finance approximately $781,000 in development impact fees for its planned project at Lincoln Avenue and Euclid Street. If approved, he explained owners and developers citywide for smaller -scale infill projects could utilize the program. City Council Minutes of July 14, 2020 Page 17 of 22 Mr. Woodhead reported the California Statewide Communities Development Authority (CSCDA) is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties of which Anaheim is a member. He reported CSCDA instituted the statewide community infrastructure program (SCIP) to allow owners and developers of property in participating cities to finance development and impact fees or other public improvements necessitated by the project, which are financed by the issuance of tax-exempt bonds by CSCDA. A special assessment is imposed on the owner's property to repay the bonds issued to finance the fees and or the improvements. Lastly, he noted SCIP could finance amounts project amounts as low as $500,000 using this pooling approach. Mr. Woodhead reported the City's role is minimal and is primarily to adopt this resolution to become an official participant in the program. He also noted the City is not liable for any debt service on the bonds issued by CSCDA or the assessments imposed on the participating properties. Once the resolution is adopted, the SCIP will be available citywide to owners and developers of both residential and commercial property of a smaller scale. Lastly, the City is permitted to charge CSCDA a fee to cover its staff costs to review the records documents including the SCIP application and funding requests. Mr. Woodhead explained the primary benefits to the property owner of low cost, long-term, tax- exempt financing. He further explained benefits to the City include not being liable to repay the bonds issued by CSCDA or the assessments imposed on properties. Since learning of this financing opportunity, he reported City staff has informed other developers of the program who have expressed interest in applying for the program should City Council adopt the resolution to become official participants. Mayor Sidhu opened the public hearing. City Clerk Theresa Bass reported one public comment related to Public Hearing Item No. 24 was received electronically, which was distributed to the City Council, posted to the City's website, and made part of the official record. Mayor Sidhu closed the public hearing. DISCUSSION: In response to Mayor Pro Tem Faessel's inquiry, Mr. Woodhead reported the SCIP program has been in place for some time, but the City had not pursued it prior to this time. Council Member O'Neil noted this item demonstrates the result of stakeholder engagements and will help bring new housing to the market quicker. Council Member Moreno expressed hope that some developers may use the savings incurred with this program to help develop affordable housing. He requested data regarding how the market was working to provide affordable housing. Council Members Kring and Brandman expressed their support for the item. MOTION: Council Member Kring moved to approve RESOLUTION NO. 2020-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the City to join the Statewide Community Infrastructure Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Anaheim; approving form of City Council Minutes of July 14, 2020 Page 18 of 22 acquisition agreement for use when applicable; and authorizing related actions as provided for in the resolution, seconded by Council Member O'Neil. DISCUSSION: In response to Council Member Moreno's inquiry regarding affordability and gentrification in regards to infill developments, Mr. Woodhead suggested staff look at rents and what happens to them over time compared to the rest of the marketplace. Council Member Moreno suggested the downtown area could be a good pilot area to review. MOTION: Council Member Kring moved to approve RESOLUTION NO. 2020-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the City to join the Statewide Community Infrastructure Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Anaheim; approving form of acquisition agreement for use when applicable; and authorizing related actions as provided for in the resolution, seconded by Council Member O'Neil. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. C410 25. GENERAL PLAN AMENDMENT NO. 2020-00530 MISCELLEANOUS CASE NO. 2020-00729 (DEV2020-00043) PROJECT LOCATION: Citywide REQUEST: This is a City -initiated request to amend the Circulation Element, Green Element, and Appendix B "Bicycle Master Plan" of the General Plan to reflect modifications to the planned Nohl Ranch Multi -Use Trail Project, also known as the Nohl Ranch Open Space Trail Project, and to reflect implemented bicycle infrastructure since the May 23, 2017 adoption of the Bicycle Master Plan. Modifications to the Nohl Ranch Open Space Trail Project include a minor realignment of the Class 1 bicycle infrastructure segment number 21 (Bike ID No. 21) and an addition of a Class 1 spur route along Imperial Highway. ENVIRONMENTAL DETERMINATION: The City Council will consider if an Addendum to the previously -certified Program Environmental Impact Report No. 330 (PEIR 330) and Supplemental Environmental Impact Report No. 346 (SEIR 346), together with the Mitigation Monitoring Program No. 360, is the appropriate environmental document for this project and that none of the conditions set forth in sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a Subsequent Environmental Impact Report or a Supplement to PEIR 330 or SEIR 346 have occurred. ACTION TAKEN BY THE PLANNING COMMISSION: Approved and recommended City Council approval of General Plan Amendment No. 2020-00530 and Miscellaneous Case No. 2020-0 0729 (DEV2020-00043). VOTE: 7-0 (Chairperson Lieberman and Commissioners Armstrong, Keys, Meeks, Mulleady, Vadodoria, and White voted yes) (Planning Commission meeting of April 13, 2020). RESOLUTION NO. 2020-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim to update the Bicycle Master Plan and making certain findings in connection therewith; General Plan Amendment No. 2020- 00530; Miscellaneous Case No. 2020-00729 (DEV2020-00043) 2017 Bicycle Master Plan Update (modify the planned Nohl Ranch Multi -Use Trail Project; reflect changes to the City's bicycle facilities since adoption of the Bicycle Master Plan). Mayor Sidhu opened the public hearing. City Council Minutes of July 14, 2020 Page 19 of 22 City Clerk Theresa Bass reported one public comment related to Public Hearing Item No. 25 was received electronically, which was distributed to the City Council, posted to the City's website, and made part of the official record. Mayor Sidhu closed the public hearing. Public Works Director Rudy Emami reported the item is a City -initiated request to approve amendments to the Circulation Element, Green Element, and Appendix B "Bicycle Master Plan" of the General Plan to modify the planned Nohl Ranch Multi -Use Trail Project and reflect changes to the City's bicycle facilities since the May 2017 adoption of the Bicycle Master Plan. Mr. Emami reported the Planning Commission unanimously recommended City Council approval of this request on April 13, 2020 and provided a brief recap of the plan's history. In May 2017, he reported City Council approved an update to the City's 2004 Bicycle Master Plan, following an interdepartmental effort conducted by the Community Services, Planning and Building, and Public Works departments. He shared the four types of bicycle facilities. Since the adoption of the Bicycle Master plan, he advised the City has added just over 11 miles of new bike facilities shown on the map. He explained the proposed amendments would update the General Plan to reflect these implemented facilities. Mr. Emami reported the City received funding for the Nohl Ranch Open Space Trail project, provided a recap of the initial plan, and presented the modified plan and re -alignment. He noted environmental impacts were analyzed when the Master Plan was updated as well as through an addendum specific to the Nohl Ranch Open Space Trail. He believed the proposed updates to the General Plan and Bicycle Master Plan are consistent with the General Plan goals to improve bicycling, safety, comfort, and accessibility for the benefit of Anaheim residents, employees, and visitors and noted staff recommends approval. DISCUSSION: Mayor Pro Tem Faessel expressed his support for the item. Council Member Barnes expressed her support for the item and commented she would like to see some improvements in West Anaheim. In response to Council Member O'Neil's inquiry, Mr. Emami explained the plan moves the bike trail to the open space area to separate the hiking, riding, and bicycle trail away from the roadway. He also explained there would be no encroachment on the sidewalk and the trail would be built out into the open space. He noted the topography in the area is steep but much of the realignment suggestions were received from outreach at various community meetings. He also noted there would be no reduction of traffic lanes. Lastly, he reported there would be a crosswalk or signage improvements included in the improvements. Council Members Moreno, Kring, and Brandman expressed their support for the item. MOTION: Council Member O'Neil moved to approve RESOLUTION NO. 2020-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending the General Plan of the City of Anaheim to update the Bicycle Master Plan and making certain findings in connection therewith; General Plan Amendment No. 2020- 00530; Miscellaneous Case No. 2020-00729 (DEV2020-00043) 2017 Bicycle Master Plan Update (modify the planned Nohl Ranch Multi -Use Trail Project; reflect changes to the City's bicycle facilities since adoption of the Bicycle Master Plan), seconded by Council Member Kring. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried. City Council Minutes of July 14, 2020 Page 20 of 22 F130.2 26. This is a public hearing pursuant to Anaheim Municipal Code Section 4.73.100.030 to consider the termination of an existing nonexclusive taxi franchise for Yellow Cab Company of Northern Orange County, Inc. dba Yellow Cab of Greater Orange County due to the company's ceasing operations and inability to comply with the terms of the franchise (180 taxi- cab permits). ORDINANCE NO. 6491 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM terminating the non-exclusive franchise of Yellow Cab Company of Northern Orange County, Inc., dba Yellow Cab of Greater Orange County, for the purpose of operating taxicab service in the City of Anaheim. Community Preservation & Licensing Manager Sandra Sagert reported the item is an uncodified ordinance to terminate Yellow Cab of Great Orange County's non-exclusive taxi franchise due to the company ceasing operation and their inability to comply with the terms of the franchise. Ms. Sagert provided a brief recap of the 60 -plus year history of Yellow Cab in Orange County and Anaheim. She reported on May 1, 2020, Yellow Cab notified the City they would be ceasing operations effective May 31, 2020 due to shifting market trends and the effects of COVID-19. She reported that under Anaheim Municipal Code Section 4.73.100.030 the City Council has the right to terminate any non-exclusive taxi franchise since the franchisee is unable to continue to comply with the terms of the non-exclusive franchise. She advised staff recommends the City Council, by ordinance, terminate Yellow Cab's non-exclusive franchise effective after the second reading and adoption at the July 28 Council meeting. Ms. Sagert reported Yellow Cab had 180 taxicab permits; however, a Court of Appeal ordered the franchise to be reduced to 155 permits. She advised staff did not have time to complete this reduction but was prepared to issue a Request for Proposal (RFP) for both the 50 former A Taxi Cab permits, under a Court of Appeal order regarding their terminated franchise, and Yellow Cab's 155 permits if the termination is approved. Lastly, she reported staff has not heard back from anyone at Yellow Cab since their notification and the City's notice to them regarding this upcoming hearing. Mayor Sidhu opened the public hearing. City Clerk Theresa Bass reported one public comment related to Public Hearing Item No. 26 was received electronically, which was distributed to the City Council, posted to the City's website, and made part of the official record. Mayor Sidhu closed the public hearing. DISCUSSION: In response to Mayor Pro Tem Faessel's inquiry, Ms. Sagert explained the action, per the Municipal Code, is to terminate Yellow Cab's taxi franchise. She explained an RFP would be issued for the A Taxi Cab and Yellow Cab's permits at a later date and was not part of this action. Council Member Barnes expressed her sadness about Yellow Cab's closure and thanked Larry Slagle for the hard work he has done representing Yellow Cab. Council Member Moreno expressed his sadness about Yellow Cab's closure. Council Member Kring commented that Yellow Cab has been in Anaheim for over 50 years. She noted Mr. Slagle supported many local charities and would be sorely missed. City Council Minutes of July 14, 2020 Page 21 of 22 Council Member Brandman expressed his sadness regarding Yellow Cab's closure and expressed best wishes for the Slagle family. MOTION: Council Member Kring moved to introduce ORDINANCE NO. 6491 _(INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM terminating the non-exclusive franchise of Yellow Cab Company of Northern Orange County, Inc., dba Yellow Cab of Greater Orange County, for the purpose of operating taxicab service in the City of Anaheim, seconded by Council Member Barnes. ROLL CALL VOTE: AYES — 7 (Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil); NOES — 0. Motion carried; ordinance introduced. REPORT ON CLOSED SESSION ACTIONS: None PUBLIC COMMENTS (non -agenda items): None COUNCIL COMMUNICATIONS/AGENDA REQUESTS: Mayor Pro Tem Faessel requested the meeting adjourn in memory of 20 -year District 5 resident Isabel Rojas. He requested a future recognition of Yellow' Cab's 75 -year Anaheim history, concurred by Council Members Kring and O'Neil. He congratulated the Library for receiving the John Cotton Dana award and commended staff for providing library services during these difficult conditions. He reported his attendance at the opening of the Buena Park homeless shelter, various food and milk donation events in impacted neighborhoods, a 95th birthday celebration for Herb Bound, and donation events at the Miraloma Family Resource Center. He thanked Joe Baldo for his work increasing the Higher Ground campus at Lincoln Park, for all the great work of the volunteer staff, and looked forward to a hopeful reopening date of August 13. Council Member Barnes thanked all those who have been serving others across the City, referred residents to her newsletter available via www.anaheim.net, welcomed Southwestern National Bank to west Anaheim, and acknowledged the recent passing of Community Services Board Member Tierra Wilson. With the hot weather, she noted Anaheim Public Utilities was offering attic fans and related discounts. She congratulated City Librarian Audrey Lujan on the award and thanked her for all the work in the community. She hoped everyone had a nice Fourth of July and looked forward to the opening of a dog park at the end of summer. Council Member O'Neil echoed comments regarding Larry Slagle and his company's commitment to the community and wished him well in retirement. Council Member Moreno extended thanks to the many people working across neighborhoods to help others. He congratulated Audrey Lujan and the Library team for their award and for providing quality library services to the community with limited resources. He thanked the County for working to address the effects of the pandemic in Anaheim and Santa Ana. He requested an agenda item for July 28 to discuss and place on the November ballot a $1 gate fee at large entertainment venues in the Resort, Stadium, and Arena to address deficits and balance the budget with a sunset when infrastructure bonds were paid off, concurred by Council Member Barnes (request failed for lack of second concurrence). He asked the public to contact him with any ideas of ways to help and looked forward to working with the community. Council Member Kring announced mosquito control measures at the Anaheim Cemetery running Tuesday through Thursday by the OC Vector and Mosquito Control, with more information available at www.ocvector.orShe encouraged residents to tip and toss standing water, fix screens, wear long City Council Minutes of July 14, 2020 Page 22 of 22 sleeves and pants, and use spray with DEET or Natrapel to combat West Nile Virus. She thanked all those fostering shelter pets at this difficult time. She congratulated Audrey Lujan and Library staff on the award. She announced the Westin Anaheim Resort and Wincome Hospitality were hiring for 400 positions via job fairs with a potential opening in October, more information available at www.westinanaheim*obs.com. She asked her colleagues to review the consent calendar upon receipt of the agenda on Thursday and ask staff questions before the Council meeting. Council Member Brandman addressed Governor Newsome's rollback of re -opening and asked everyone to do their part and take the restrictions seriously to allow the medical and scientific communities to develop a vaccine and effective therapies. He shared a family member had survived COVID and District 2 and its large senior citizen community were anxious. He asked people to stay home, and if they have to leave, to wear a mask. He acknowledged the partnership with Orange County to start mass testing on July 15, with more information available at www.anaheim.net/coronavirus. He recognized the City staff team for outstanding work and providing needed services to residents. He announced it was still a Census year and encouraged everyone to complete the census form to help determine the federal funding Anaheim would receive, with more information available at www.anaheim.net/census. Mayor Sidhu echoed his colleagues' comments, thanked staff for their continued hard work, announced the testing site in conjunction with Orange County, and encouraged everyone to take health and safety precautions for themselves and others. ADJOURNMENT: At 9:23 P.M., with no further business before the Council, Mayor Sidhu adjourned the City Council meeting in memory of Isabel Rojas. R ully submitted, T eres ass, CMC City C erk From: Ravan Soueidan Subject: [*** INSERT UNIQUE SUSIECT LINE * *] Date; Saturday, July 4, 2020 2:17:27 PM To the Anaheim City Council: My name is Rayan Soueidan and I am a resident of AIUHSD. I am writing in deep concent for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brown residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.8 million to law enforcement and only SI million to community development. Anaheim is the 9th most violent police department in the U, S. From 20013--2016, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unatined. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAPD, NYPD, and San Fran PID and is 74''.fu higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use SS 100,000 to improve 10 police vehicles. Instead invest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Thank you, Sent from my iPhone From: Anthonak K Subject: [*5x INSERT UNIQUE SUBJECT LINE fit Dake; Tuesday, June 30, 2020 8:43:17 PM To the Anaheim City Council: My name is Anthony Kyriakakis, and I am a resident of Glassell Park, District 1. 1 am writing in deep concern for the health of the greater .Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately affected Black. and Brown residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.5 million to law enforcement and only $1 million to community development. Anaheiln is the 9th most violent police department in the U.S. From 2003-2016, Anaheim Policc Department killed 33 people during the process of arrest, and nearly 40% of them were unarmed. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAPD,1tYPD, and San Fran PD and is 74% higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use $100,000 to improve 10 police vehicles. Instead, invest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Thank you, Anthony Kvriakakis Los Angeles, CA From: To: Public Comment Subject: Anaheim Public Comment for July 14, 2020 Council Meeting Date- Thursday, July 9, 2020 11:55:04 PM Attachments: lutY14.MID comments,ndf Attached Public Comment for the July 14, 2020 Council Meeting. Anaheim Council Public Comments, July 14, 2020, Agenda Items # 1 & # 23. VIA EMAIL TO: publiecom_ment(a�ariaheim.net FROM: Horne Owners Maintaining our Environment .4 The Anaheim Police Department should investigate City of Anaheim political council candidates (such as the present City Mayor or a Parks and Recreation Commission member) concern violations of Federal.Crimes. The APD should certify such alleged criminals over to the respective Federal Authorities. Impersonating a United States Military Officer is not a crime by itself, but to do so for Financial Gain, such as being elected to the Anaheim City Council, is a Federal Crime. At the Anaheim Hills Fourth of July Parade prior to the Last Anaheim Council Election, Anaheim present Mayor Sidhu illegally wore (for financial gain) the uniform of an UNITED STATES ARMY OFFICER and rode in an open military vehicle at the parade. The sponsors of the parade, the Disneyland Chamber of Commerce (AKA Anaheim), falsely made known that Sidhu was a helicopter pilot in the First Gulf War. It is estimated that hundreds of Anaheim Hills voters who falsely believed that Sidhu, who never served in the US military, had been a Military Officer, mistakenly voted for Sidhu as mayor. At the recent Fourth of July Celebration earlier this month, because of the COVID-19 situation, there were no parades in Anaheim. However, one candidate for the November Anaheim City Council election, District One, placed six thousands flags on West Anaheim residents front lawns with notices to vote for him as the Anaheim City Council, District One Council Member. If this individual, a present member of the Parks and Recreation Commission, is attempting the same disgraceful crime as the present Anaheim Mayor did to get elected, (by impersonating an US MILITARY {OFFICER for financial gain), the Anaheim Police should investigate the matter immediately as a criminal act. From: Nicole Giambastiani Subject: A Step in the Right Qirectico Date; Friday, July 3, 2020 8:51;15 AM To the Anaheim City Council: My name is Nicole Giambastiani, and I am writing in deep concern for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brown residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.8 million to law enforcement and only S1 million to community development. Anaheim is the 9th most violent police department in the U.S. From 2003-2015, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unar ned. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAPD, NYPD, and San Fran PD and is 74''.fu higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use $100,000 to improve 10 police vehicles. Instead invest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am railing on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use oftechnology to further terrorize our community. Thank you, Nicole Giambastiani From: k r u To: Public Comment; Harry Sidhu (Mayer]; Stephen Fagssel, Demse Barnes; Jordan Brandman; lose Mareno; Luc-tile Kr_ ina; Trevor o"Neil Subject. An urgent message to Anaheim. Date; Friday, July 3, 2020 5:17;23 PM To the Anaheim City Council: I am writing in deep concern for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brown residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.8 million to law enforcement and only $1 million to community development. Anaheim is the 9th most violent police department in the U.S. From 2003-2016, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unarmed. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAPD, NYPD, and San Fran PD and is 74% higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,00+0 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use $100,000 to improve 10 police vehicles. Instead, invest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Thank you, A concerned citizen who's tired of seeing harmful violence being taken priority over our community From: Jena anora Subject: Anti -Black Police Department Date; Tuesday, June 30, 2020 6:28:39 PM To the Anaheim City Council: My name is Jena Angra, and I am a resident of Anaheim. I am writing in deep concern for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health mull take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brown residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.8 million to law enforcement and only Sl million to community development. Anaheim is the 9th most violent police department in the U.S. From 20013--2016, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unat7:ted. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAPD, NYPD, and San Fran PD and is 74''.fu higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use S 100,000 to improve 10 police vehicles. Instead invest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use oftechnology to further terrorize our community. Thank you, Jena Angra Anaheim, CA 9280] 1 From: Jamie Reeves To: Jamie. Subject: Caring For Anaheim"s Black Residents through Budget Reallocation Gate: Thursday, June 25, 25720 10:45:16 PAS Hello. I ant writing today to advocate for my neighbors and my community in saying: we must fiend our community services at a greater rate to benefit and advance our oppressed communities. To find these funds for our opressed and specifically Black communities, we must defund the police. This money must be taken away from the: police because policing as an institution is inherently violent towards Black people and other marginalized groups. I do believe we must develop a model of safety that do not involve police, because police do not promote public safety. Please let me know what you are using your power to do specifically, to snake sure our marginalized communities are advanced and cared for. Please let me know specifically, stow you are reallocating fiends within the city budget to benefit our Black residents. Sincerely, Jamie Reeves From: Sam Crane To: Pubhc Comment Subject: Confronting Systemic Racism Gate; Tuesday, July ], 2020 12:35:25 PM Hello. This is a message to say I have not given up. I have called for tangible changes to end systemic racism. I am not along yet many of our calls are either ignored or not met with action. So, I will say it again, please do your part to defund the police. THe, REALLOCATE those funds to organizations that uplift voices of Black, Indigenous, and people of color as well as the LGBTQ+ community. This includes but is not limited to health care, education, afterschool programs, food stability aid, small business aid, affordable housing, mental health services, creative opportunities, and additional aid. We need to reform the emergency response system to include not only police but also professionals trained in de-escalation, domestic abuse intervention, community relations, mental health, and substance abuse intervention. Finally, we need to implement routine checks to root out systemic racism and inequality towards LGBTQ+ people wherever it can be found. Thank you, Sam Crane Voter in 92651 From: Jeannie Yang Subject: DEFUND THE POLICE - ADOPT PEOPLE'S BUDGET Date; Tuesday, June 30, 2020 12:05:49 AM To the Anaheim City Council: My name is Jeannie and i ant writing in deep concern for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brown residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.8 million to law enforcement and only S1 million to community development. Anaheim is the 9th most violent police department in the U.S. From 2003-2015, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unatined. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAPD, NYPD, and San Fran PD and is 74''.fu higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use S 100,000 to improve 10 police vehicles. Instead invest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Thank you, Jeannie Sent from my iPhone From: The one To: Public Comment; Harry SON (Mayor); Ste he sel; Denise Barnes; jordn Bra an; J= Margr>p; Lucy le Krog; Trevor O'Neil Subject: Defund the police naw! Date; Saturday, June 27, 2020 4:26:27 PM To the Anaheim City Council: My name is Melissa and 1 am writing in deep concern for the health of the greater Anaheim community. it has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brown residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different. the 2.019-2020 budget allocated $153.8 trillion to law enforcement and only $1 million to community development. Anaheim is the 9th most violent police department in the U.S. From 2003-2016, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unarmed. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAPD, ItiYPD, and San Fran PD and is 74% higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use $100,000 to improve 10 police vehicles. Instead, invest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Thank you, Melissa Dane From: Salem Younes To: Public Comment; Harry Sidhu (Mayor]; Ste hen Fa ssei; Denise Barne5; 3ordan Brandman; lose Morena; IUgffig Krog; Trevor 0"Neil Subject: OEFUNO THE POLICE Date: Thursday, lune 25, 2020 8:14:13 AM To the Anaheim City Council: My name is Salem Youncs, and I am a resident of Anaheim. I am writing in deep concern for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and communiry health must take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brown residents and that must conic to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.8 million to law enforcement and only $1 million to community development. Anaheim is the 9th most violent police department in the U.S. From 2003-2016, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unarmed. Since 2014. the rate of arrest -related deaths caused by Anaheim PI] exceeds that of LAPD, NYPD, and San Fran PD and is 74% higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any f Lure projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use $100,000 to improve 10 police vehicles. Instead, ingest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Thank you, Salem Youncs From: Maddy Sando To: Public Comment; Harry Sidhu (Mayor); Stephen a ssel; Denise Barnes; jord�n Brandman; lose Moreno; Luellle KriliC3; Trevflr 0"Neil Subject: Divest in Police, Invest in Community Date: Saturday, June 27, 2020 12:27:43 PM Anaheim City Council, My name is Madelyn Sando, and I am a lifetime resident of Orange County. I am writing in deep concern for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brown residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.8 million to law enforcement and only $1 million to community development. Anaheim is the 9th most violent police department in the U.S. From 2003-2016, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unarmed. Since 2014, the rate of arrest -related deaths caused by Anahei'In PD exceeds that of LAPD, NYPD, and San Fran PD and is 74% higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use $100,000 to improve 10 police vehicles. Instead, invest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Thank. you, Madelyn Sando From: Edgar Arellano To: Police Review Berard; Harry 51dhu [Mayor]; Pubic Co en ; Denise Barnes; Jose Moreno; ]grdan Brandman; Trevor D"!Veil; Lucille Krung; Stephen Faessel subject: Does PD uphold public safety? Define public safety Date: Wednesday, July 1, 2020 7:54:49 PM Again, your officer's inefficiencies continue to reflect Anaheim PD at large with their reckless violation of speed limit laws, it is still highly evident with the fact that there is an option available to report speeding police, but also since 1 am still using not even a full quarter since your officer's last were caught violating speed limit laws This time I caught on tape the constant driving well past the 85% enforcement speed limit on Broadway going southbound, unit "05" on the roof, "8-805" on the bumper, Several times I set my cruise control to a few mph over the posted speed limit, only to witness squad car "05" travel well past the speed liinit & again encouraging speeding down a very low speed corridor. It's set for 35 mph because ifs squadalso a school zone, yet car "05" led the traffic to travel at upwards of 45anph. Do better! You are supposed to set the standards to better provide public safety. Your chief states that he likes to think of PD as Mind, Body, Heart. Mind - Your collective PD Mind seems to be rittled with inadequacies. Body - your collective PD Body is immensely inefficient as you wear out your equipment recklessly to tear through our communities. Heart - your collective Heart is full of fear & deception as your officers overreact to young people of color with brutality & undue violence, then fill our streets with deception as you try to cover for your fellow hang members in "blue" I'm embarrassed to witness your department as it seeks for validation. You don't deserve it. Do better From: To: Harry 5idhu tMayori; Public m enc; Ske hen Fa s 1; Denise Barnes; Jo5e Moreno; Jordan Brandman; Lucille Kr -M; Trevor Q"Neil Subject: IN [SEEP CONCERN Date: Tuesday, June 30, 2020 10:05:09 PM To the Anaheim City Council: My name is Mary Sapigao, and I am a resident of the Santa Clara County. I am writing in deep concern for the health of the greater Anaheim community. It has became more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brawn residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.8 million to law enforcement and only $1 million to community development. Anaheim is the 9th most violent police department in the U.S. From 2003-2016, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unarmed. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAPD, NWD, and San Fran PD and is 74% higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of tmxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use $100,000 to improve 10 police vehicles. Instead, ingest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to ftirther terrorize our community. Thank you, Mary Sent from my iPhonc From: Aleiandra Gudono Subject: Look at this Date; Thursday, July 2, 2020 4:32:51 PM To the Anaheim City Council: My name is Alejandra, and I am a resident of Anaheim, CA. I am writing in deep concern for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately atf"ected Black and Brown residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.8 million to law enforcement and only SI million to community development. Anaheim is the 9th most violent police department in the U, S. From 2003-2015, Anaheim Police Department killed 33 people during, the process of arrest, and nearly 40% of them were unarmed. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAP®, NYPD, and San Fran PO and is 74''.fu higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use SS 100,000 to improve 10 police vehicles. Instead invest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Thank you, [YOUR NAME] Alejandra Sent from my iPhone From: Gwen Dahncke To: Public Comment Subject: No an Resolution 5,19 & 30 Date; Thursday, July 2, 2020 12:47:34 AM To the Anaheim City Council: My name is Gwendolyn Dahncke and i am a resident of Yorba Linda. I am writing in deep concern for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brawn residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest :military budget, and some of the most wcll-fundcd and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.8 million to law enforcement and only $1 million to community development. Anaheim is the 9th most violent police department in the U.S. From 2403-201.6, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unarmed. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAPD, NYPD, and San Francisco PD and is 74% higher than the average for police in California, according to a 2017 study by the ACLU. WE DEMAND that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted. We also DEMAND that the council not approve "Resolution 5" that will use $100,000 to improve 10 police vehicles. We DEMAND that the city council not approve "Resolution 30" proclaiming the continuing existence_of a local emergency regarding civil unrest. which will continue to criminalizeeat protestors. Instead, invest that money in creating programs that benefit and enrich the community especially during a global pandemic. We are calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Sincerely, Gwendolyn Dahncke From: Emily Subject: Please act now. Dake: Thursday, June 25, 2020 8:01:02 AM Please act now to confront and strategically disassemble modem systemic white supremacy and anti -black racism and their lingering historic effects_.. Please help to: Criminalize anti -black racism. Process all police corruption, brutality, and racism cases without bail. Get a reparations for Black slavery Act passed. Add blatant historic and systernic modern anti -black racism, white supremacy, and privilege into public school k-1 Z curriculum. Please include in historic education the Black massacres and Black lynching stories with the alleged accusations that sparked them. Please include the long term psychological and social impacts and their connection to internal bias. Please. Emily From: Sean Q&#39:Connor To: San Q&#32Forinor Subject: Police Reform Date: Tuesday, June 30, 2020 8:174:35 AM We the people with the Movement for Black Lives demand the following reforms immediately: 1. Suspend the use of paid admin. leave for cops under investigation: this reduces police funding, challenges the notion that the administrative costs of policing violence are essential to safety, & reduces the overall support for policing by removing the financial support. 2. Withhold pensions and don't rehire cops involved in excessive force: this decreases police funding, challenges the notion that police killings are exceptions rathcrthan the rule, and reduces the ability of the police forces to re-engage with cops known for their use of violence. 3. Require cops to be liable for misconduct settlements: this saves community budgets a lot of money, rejects the notion drat the costs of policing are essential to safety, and creates financial pressure far police to be accountable for their actions, 4. Cap overtime pay for inilitaty exercises and withdraw participation in police militarization programs: this saves our communities money, rejects the idea that we need cops trained for "counterterrorism", and stops police from increasing, their capacity/reach over our daily lives. S. Prioritize spending on community health, education and affordable housing: defunding police decreased their resources. This creates space for us to leans about resources that create well-being. Decreasing police funding means decreasing the size. scope and capacity of policing. All of theses steps work to reduce the size of the police force and minimize the role it plays in our society, which gives us more space and resources to invest in Black communities. Thank you, Sean O'Connor From: Jamie Reeves To: ]amie Subject. Reallocate Police Funds Gate: Wednesday, June 24, 2020 11:43:30 PM Officials, It is essential that you take budget money away from the police and reallocate that money into community services that in turn. will reduce Grime, as everyone's needs will be cared for. Defund the police. Reallocate the funds into community services. Our police our grossly overfunded. Sincerely, Jamie Reeves From: Vivienne Zenteno (yi2ent) To: Public Comment; Harry Sidhu (Mayor); Stgphen Fag5sel; Denise Barne5; 3ordan Brandman; lose Moreno; Lugffig Trevor Q"Neil Subject: Reform in Anaheim!!) Date: Thursday, July 9, 2020 9:41:01 PM To the Anaheim City Council: My name is Vivicnme Zcnteno, and 1 am a resident of California. I am writing in deep concern for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brown residents and that must conic to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and sotne of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.$ million to law enforcement and only $1 million to community development. Anaheim is the 9th most violent police department in the U.S. From 2003-2016, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unarmed. Since 2014, the rate of arrest -related deaths caused by Anaheim PID exceeds that of LAPD, NYPD, and San Fran PD and is 74% higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any ftnure projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use $100,000 to improve 10 police vehicles. Instead, ingest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Thank you, Vivienne "Zenteno Sent from my iPhone From: Emily Vayrek To: Public Comment; Harry Sidhu (Mayan; Stephen Faessel; Denise Barnes; Jordan Brandman; Jose Mareno; Lucille Krtg; Trevor O'Neil Subject. Reform is not enough Date: Friday, July 3, 2020 9:12: 12 PM To the Anaheim City Council: My name is Emily, and I am a resident of Buena Park. I am writing in deep concern for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brown residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.8 million to law enforcement and only $1 million to community development_ Anaheim is the 9th most violent police department in the U.S. From 2003-2010, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unarmed. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAPD, NYPD, and San Fran PD and is 74% higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted. I also demand that the council not approve "Resolution 5" that will use $100,000 to improve 10 police vehicles. Instead, invest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Thank you, Emily From: Maroot Plerron❑ To: Public Comment Subject: Request referring to July4th Fireworks Gate_ Thursday, July 9, 2020 5:24:14 PM I would like to request that the Anaheim city council really mull over the decision to ban ALL fireworks — the selling AND the setting -off in Anaheim. This year was the worst for irresponsible behavior in setting off fireworks — even the legal ones .... I am asking that if the people cannot act responsible, then the privilege should be taken away. I don't care if people feel pent up because of the virus - that is no excuse to exercise bad behavior - & this year was totally horrible ! Thank you. Margot Pierrong Anaheim — From. Esha Suri To: Public Comment; Harry Sidhu (Maya_]; Shen Faessel; Denise Barnes; Jordan Brandman; lose Mareno; Lucille KrInC7; Trevor O"Neil Subject: Request to Prioritize Community Wellbeing Date. Wednesday, lune 24, 2420 8:51:40 PM To the Anaheim City Council: My name is Esha Suri, and I am a resident of Irvine, California. I am writing in deep concern for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Poiice violence in Anaheim has disproportionately affected Black and Brown residents and that must come to an end, The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well --funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.8 million to iaw enforcement and only $1 million to community development_ Anaheim is the 9th most violent police department in the U.S. From 2003-2016, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40% of them were unarmed. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAPD, N'YPD, and San Fran PD and is 74% higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be halted_ I also demand that the council not approve "Resolution 5" that will use $100,000 to improve 10 police vehicles. Instead, invest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Thank you, Esha Suri From: Jamie Reeves To: Jamie. Subject: Specialization and Domestic Violence Gate: Sunday, June 28, 2020 1:16:05 RM Greetings, In a study of abused women, over 90% said they would not call the police again because they were scared that their abuser would only get a "slap on the wrist," and that they would come back and hurt them. Seeing that abused women do :got feel safe calling the police to help them escape situations of domestic violence, should we cater to these women and create a new task force" The answer is yeas. We need specialized teams to respond to issues of domestic violence, that are not police. Police simply do not have, and cannot receive the extensive, rigorous training that specialized experts on deescalating domestically violent situations and helping victims escape their abuser require. This takes yeah of training and education, it's one of many issues that police are simply not fit to handle, like they are expected to today. And I don't just want to see woman officers respond to these calls, because they are still police officers who are not fit to deal with these situations, in terms of the training and education they have, Deftuhding the police is about more than the safety of our Black neighbors, which is absolutely vital in itself, It is about making women more sate by ensuring their issues are eared for in a specialized way by trained professionals. Are you willing to help victims of domestic violence? Thanks, Jamie From: Michelle Schumacher To: Michelle Schumacher Subject: TCA Toll Roads - South Orange County is in trouble Date: Wednesday, lune 24, 2020 7:18:00 PM Good evening, I hope you will take the time to watch these videos and look at the truth in accounfing report. It is time the TCA toll road boondoggle ceases as hard working taxpayers deserve better.. On March 12, 2020 the TCA Board passed a resolution to not extend the 241 toll road past Oso Parkway due to the devastating environmental, economic, cultural, and societal costs to South Orange County communities. Taxpayers deserve better, please see this video that shows the TCA should not be even contemplating building anything given 30 years of failure. Shawn Nelson, former Orange County Board Supervisor, who was also on the OCTA and TCA Board can be heard in this video that is very telling of the ineptitude of the TCA that he has witnessed. 1p RAI . r.r.r rr r ■rr oUx I 2Syi2ScWnnUBjmYsQJk1LZFhNJJ Truth in Accounting's Financial State of Orange County's Transportation Corridor Agencies (TCA) was just released last week. This report is a comprehensive analysis of Orange County's Transportation Corridor Agencies and their analysis showed for the fiscal year 2019 audited financial reports that the TCA has a combined debt of $4 billion. The TCA only has $828.3 million available to pay $4.8 billion worth of bills. The outcome is a $4 billion shortfall. Users of the tollways and property owners will be paying this debt and associated interest for years to come, which has only been exacerbated due to COVID-19. Report can be found here https://www.tr-uthinaccounting.org library/doclib/TCA-2019-212ager.Idf Here is a video of the 241 toll road near Oso which essentially shows how underused this asset is and that it is criminal so much money has been wasted by the TCA, including the $70+6,000,000 of Development Fees they collect for new construction and many remodels in Orange County, the tolls and hefty penalties. LA Times Article March 11, 2019 "While you sit in traffic, these toll way consultants charge the public $185 an hour for reading news" htWs:llwww.latimes.comllocalllanowlla-me-ln-toll-road-consultallts-2019031 I - st Orange County Grand Jury issues a Solvency warning regarding the TCA. `! m` ml P -1 22 2016 i I 16-000294A.PD w - - "While some JPAs have relatively modest levels of debt, others have very significant debt. The Foothill Transportation Corridor Agency and the San Joaquin Transportation Corridor Agency have a joint debt level of over S4.5 billion, which is about 63% of the total debt reported by all the JPAs in Orange County. This level of public debt on the citizens of grange County is very significant. These two transportation agencies only have an income level of $292 million per year. With this extreme debt burden, the Grand Jury questions their ability to pay off the principal and interest, based on their current revenue level." The Foothill Transportation Corridor Agency and the San Joaquin Transportation Corridor Agency have a joint debt level of over $4.5 billion. The Grand Jury has determined that this debt level is excessive based on their revenues, and it threatens to render them insolvent." Pacific Research Institute Report said the TCA's business model has been unsustainable from the start haps:I/www.paacif ere_scarch.orgLwp- contQnt�'upl!oads/2017/06/OrangeCoun Tolls_F.acif San Clemente has had La Pata and Uel Rio and the S freeway widened in the past few years we have done a great job assisting with mobility in the County and are open to mobility solutions, what we are NOT open to is a toll road on top of b schools where it was NEVER intended to go or wiping out homes, business and our precious remaking open space. La Pata and Los Patrones provide a alternative to the interstate 5 freeway. We have OCTA and Caltrans we do not need this redundant wasteful government agency. Thank you Michelle From: Riley Mcmackin To: Public Comment; Harry Sidhu (Mayor); Stephen Fap sel; Denise Barnes; jordn Bra an; J= Margr>p; Luci le Krog; Trevor []"Neil Subject. URGENT: ATTENTION REQUIRED Date. Wednesday, June 24, 2020 2:25:43 PM To the Anaheim City Council: My name is Riley McMackin, and I am a resident of Orange County. I am writing in deep concern for the health of the greater Anaheim community. It has become more than clear that a radical shift in our concept of policing and community health must take place at the local level. Police violence in Anaheim has disproportionately affected Black and Brown residents and that must come to an end. The United States does not have a national healthcare system. Instead, we have the largest military budget, and some of the most well -funded and militarized police departments in the world. Anaheim is no different: the 2019-2020 budget allocated $153.5 million to law enforcement and only $1 million to community development. Anaheim is the 9th most violent police department in the U.S. From 2003-2016, Anaheim Police Department killed 33 people during the process of arrest, and nearly 40%n of them were unarmed. Since 2014, the rate of arrest -related deaths caused by Anaheim PD exceeds that of LAPD, NYPD, and San Fran PD and is 74% higher than the average for police in California. I demand that the city council not approve "Resolution 19" that would spend $700,000 dollars of taxpayer money on surveillance technology of anti -police brutality protests and that any future projects related to surveillance be hatted. I also demand that the council not approve "Resolution 5" that will use $100,000 to improve 10 police vehicles. Instead, invest that money in creating programs that benefit and enrich the community especially during a global pandemic. I am calling on our elected officials to stop criminalizing our community members. We as a concerned community refuse to remain silent on the use of technology to further terrorize our community. Thank you, Riley McMackin From: Edgar Arellano To: Police Review Board; Lucille Knin0; _Trevor 0"NCII; Harry Sidhu jMayorl; Jordan Brandman; Jose Moreno; EUDII& Comment; Stephen Faessel; Denise Barnes Subject: When will you define public safety? Date: Friday, )uly 3, 2020 5:50:51 PM Seriously, what is your protocol in returning to the precinct. This is the second time in one week that I catch a squad car speeding back to base. this continues to happen along corridors that are set for 35 million miles per hour. Today at 5:36 p.m. July 3rd going southbound on Ball road 1 witnessed squad car "9 - 855" speeding app probably 45 miles per hour through a 35 mile -per -hour school zone then to the continue going that speed leading the rest of traffic to also take that speed. Y'all are doing nothing to uphold public safety and are encouraging regular folks to also break speed limit laws. PD Chief keep saying that they are efficient and efficient department but in reality you are reckless and you encourage others in our community to break laws and deteriorate trust in our own governance. How many times will 1 have to catch you breaking the law on video? Now more than ever, PDshould become more effective and a better standard for the community to entrust their safety in. Do better Edgar Arellano Resident & business owner District 2 From: Kew Green To: Public Comment Cc: Harry Sidhu (Mayor); Lucille Kris; Denise Bames; Jordan Brancman, Jose Moreno; Stephen Faessel; Tr vor Ci'_iVeii Subject: Proposed Needle Exchange Program: YES Date: Friday, July 10, 2420 11:41:25 AM Dear Representatives and legislators, I am a voter. I live at 92804. l am in favor of'safe and sane' needle exchange programs. Please approve this bill. I canvassed other people who know about these programs and got these comments: Realistically anything that reduces the spread of AIDS, HEFT -C, etc. is a benefit to society in reducing the cast of treatment for these diseases long term. Hardcore haters for these programs call it "enabling", which I and most addictions professionals I know disagree with. If you NEED your fix you will find a way to get a needle. New, old, clean, dirty. These programs are important to help stop the spread of disease. Even a bad program is usually better than no program. Brian J. Hunt Assistant Director Addictions Counselor Certification Board of Oregon 1992-2015 Senior Certification Specialist Mental Health and Addictions Certification Board of Oregon 2016 -present As well as the more general comment: F.. What you'd to avoid is first, basic money wasting, second that the program does not become the source of a nuisance in its own right, and third that the program have some kind of victory condition. Same way to say it is making things better and eventually coming to a close. Realistically there will always be drug addicts, but is the program doing "activities" that minimize the people getting hooked, staying hooked, having life problems while they are hooked.? And not doing it in pathological ways to cook the books, like sharing toxic needles that kill the clients. 1"rn in favor. Will save me as a taxpayer money treating Hep and AIDS. Less reason for needles to be found in public parks and alleys. Nobody's gonna start shooting up because of free needles. I've seen some comments on NextDoor about 'dirty addicts' and 'dangerous homeless' and the other way around. Our duty as responsible humans and as government representatives is to help those people in need. Please approve this bill. Thank you, Jude -Marie Green From: Ailene Orth To: Public Qrnment Subject: Disneyland Opening Date: Wednesday, lune 24, 2020 2:12:04 PM To Whom this May Concern; [ ain writing as a concern Anahcim resident over COVID—l9 and Disneyland's reopening. I believe the city of Anaheim needs to pause Disneyland's reopening because it puts many Anaheim residents and Disneyland cast mernbers al risk of being infected with CDVID-19. The city of Anaheim needs to put the health of Anaheim residents before the city's finances. With Disneyland's reopening, it will be dctrinicntal to the licalth of thousands of Anaheim residents and cast members, Please, I ask city council members to put a pause to Disneyland's reopening and prioritize Anaheim resident's health. From: Edgar Arellano To: Public Comment; HyrU Sidhu (Mayor); Luolle ri ; Jord n_ n Brandrnan; ]ode Morena; Denise Barnes; 5tephen Faessel; Trevor 0"Neil Subject: No on Item#s 3 & 13 Date: Monday, July 13, 2620 1:36:37 PM Hello again councilmembers, I write to you again with disdain for the agenda. Again you will be considering more than $200,000 to policing in our city. This is after you have already committed more than $1 million to policing since the police murdered George Floyd, Breanna Taylor, & continued to injure hundreds more some fatally. I've been writing to you for weeks as I capture dashcam evidence of Police speeding in our neighborhoods. Over the years, our community has noticed the reckless ways they use equipment to 'dominate'our streets, particularly their constant speeding in small neighborhood streets. I also am not fond of the constant low flyovers by both APD & OC Sheriffs in the West Anaheim district, they constantly endanger & disrupt the habitats & lives of our local falcon. sparrow, finch, & occasional eagle visitors, the need for maintenance of a Camera that can be used strategically for Search & Rescue is of value and gives just enough merits for your vote. I ask that you ante NO on Item 3 because it will further encourage the misuse of vehicles due to police recklessness. The staff report states that only a few Fire & Rescue vehicles would benefit from this Item. Item 3 is another incentive for policing in our city to remain as is. Our community has been vocal in our disdain for our bloated police department. Our police force may be the largest owner of vehicles both for work & personal use. They are destroying our climate with so much vehicle use & release of carbons into our neighborhoods. I demand that you vote NO on Item 13 because it diminishes community trust and transparency into the Police misconduct that happened in between 2009 - 4/30/2015. These have been some of the deadliest years in our city & sparked community actions that reached the national news. During those actions, APD escalated the situations to put our very own abuelas, mamas, & families in danger. APD is reckless & they are trying to erase that history in this records destruction item. Exhibit 3 shows 25 lines of records they'd want destroyed. Among these there are: Pursuit Critiques (2016-2yrs), Monthly Statistics (2016-2yrs), Suspension Notices (2017-2yrs), OSHA Inspections & Citations (-20I4-5yrs), Internal Affairs Investigations f Disciplinary Files 1 Complaints i In -Custody Deaths, Major Incident Response Team (MIRT), and Officer Involved Shootings (2001-4130121115-5yrs). What incentive would the Police Department request to destroy 5 years worth of records of our most violent period in our recent history"? While there are many other lines of records that may merit destruction due to storage issues, it is paramount that our city retain documents that will help steer our city towards a more educated & just community. Finally, I want to remind you that you are still violating our 4th &. 5th amendment rights with your vote in favor of resolution 19 on the June 9, 2020 council meeting. The ACLU continues to condemn the abuse of for-profit contracts to oven -tile citizens privacy rights as afforded by the 4th and 5th amendment. There is no accountability nor transparency in the APD's use of this technology equipment, and they actively refuse inquiries due to non -disclosure agreements. The answers provided by Chief Cisneros are not satisfactory in the slightest, the doubt was loud in the ways which staff, the city manager, & police chief jave avoided the privacy violation questions. IF PD is reckless with their squad cars, then I have no confidence in their ability to have good judgement in using the "stingray" surveillance technology. Do Better, Edgar Arellano Resident & business owner District 2 From: Tamara Jimenez To: Public Comment Subject: Fw: Item #22 -Strang Support -BAN Date, Monday, July 13, 2020 11:56:09 AM Attachments: 3. Lettet (O naoW -CQunty RecQ+yery Coll abnratiyel2WO ndf ---- Forwarded Message ----- From: Tamara Jimenez To: ssagert@anaheim.net <ssagert@anaheim.net> Sent: Monday, July 13, 2020,11:47:23 AM PDT Subject: Fw: Item i#22 -Strong Support -BAN ----- Forwarded Message ----- From: Tamara Jimenez To: tbass@anaheim.net =tbass@anaheim.net> Sent: Monday, July 13, 2020, 11:46:45 AM PDT Subject: Item #22 -Strong Support -BAN Good afternoon, The Orange County Recovery Collaboration is in full support of a complete ban of syringe exchange programs at this time. The attached letter arose out of city staff coming to our meeting on November 5, 2019 to discuss the issue of needle exchange and which components would be absolutely unacceptable and absolutely necessary for success IF the city was forced to allow their operation. On November 6, 2019 we submitted our recommendations of these unanimously agreed upon components. That letter is attached for your reference. Let us reiterate, our professional opinion is that the best option for the city at this time is an absolute ban, however should that not pass then the only other option we will support is what staff has outline in their report as is. Thank you. ?�e 7)n0&TJ 4 elk ouwgc 6'mwz rl Zecactcu� 6d&4W tW November 6, 2019 Re: Needle Exchange Programs To Whore It May Concern. The Orange County Recovery Collaboration consists of substance use disorder, mental health, and homeless providers, along with members of the community, including elected representatives and law enforcement. The Collaboration's goals are to eliminate barriers and connect resources to those suffering from substance abuse. The Collaboration exists to unify providers to create significant changes in our communities. We have joined together, to serve countless people in all areas of addiction. At the Collaboration's November 5, 2019, meeting, the issue of needle exchange programs (NEP) was discussed. The goal was to identify components of a successful NEP and what components would not be acceptable. The Collaboration recognizes that a NEP cannot do all of these recommendations by itself, and in order to be successful the NEP would need to collaborate/link with existing service providers who are already providing services. The Collaboration reached consensus on the following recommendations: • Locations: Easy access to injection drug users (IDUs). Sites and locations would be scheduled on a regular basis. Ideal sites would be at locations where IDUs could receive additional treatment, such as outpatient clinics and other treatment or public health facilities. The NEP should not be located in or near parks or schools. • Narcan/Medical {Care: Have staff trained in administering Narcan who can train participants and provide Narcan to reduce overdoses. Ideally a medical professional who is trained in first aid and wound care would be available for consultation. • Testing: On-site or linkage to test for HIV, Sexually Transmitted Diseases, and hepatitis B and C. With the testing services, education would be part of the testing process. • Needles: The NEP should only provide 1 needle for every 1 needle turned in. Needles would be single use, retractable needles to prevent needle sticks. Ideally, if needles provided by the NEP could have unique identifiers on them, such as bar codes or colors. ■ Disposal/Clean Up: The NEP must have a clear plan on how they will ensure needles are not littered in areas in and around the distribution points. All participants shall receive an individual sharps container and additional sharps containers would be placed in areas known for frequent drug use. • Drug Treatment/Resources: Staff should be trained on County resources and to assist participants to linking to services. Resource list at a minimum should include, drug and mental health treatment, housing and food services. • Data Collection: At a minimum, the NEP should collect data on the number of needles distributed and returned. Additional data may include information on types of referrals made. • Law Enforcerraent/City Support: City and law enforcement support is critical. Cities and law enforcement need to know what the NEP is doing in their city and to work together in addressing any issues/problems that arise. The above recommendations should address County, city and law enforcement concerns. With single use and Ito 1 needle distribution this would address the risk of needle sticks and the spreading of infectious diseases. Since participants only receive as many needles as they turn in, they may pick up additional needles that were on the ground. If needles are marked it will make it easier to assess more accurately where the needles are coming from. The possibility of using bar codes not to just identify the NEP but what individual is not discarding appropriately was discussed. As the NEP is a service that IDUs value, it is possible to create a culture where participants self -police each other to discard needles appropriately. The Collaboration recognizes that it would be ideal to know certain outcomes such as, the number of participants who have found recovery, reduction of infectious disease, dollars saved in medical costs and overall impact on the community. This information would be very valuable but will require additional funds and should not be done by the NEP Thank you for taking the time to read our recommendations. If you need any additional information please contact Tamara Jimenez at or Mitch Chemess at From: Tamara Jimenez To: Public Comment Subject: FW: Item #22 -Strong Support BAWIst option Date, Monday, July 13, 2020 11:58:19 AM Attachments: SB 689 Binder.Wf From: Tamara Jimenez Sent: Monday, July 13, 2020 10:49 AM To: tbass@anaheim,net Subject: Item #22 -Strong Support BAN -1st option I have attached a binder that I personally put together to support a bill that John Moorlach had introduced SB 589 that is currently a 2 year bill. This binder is a compilation of local city and county responses, public comments/constituent letters- which begin on page 64, business letters, pictures of needle debris, maps & the CDPH approval which was overturned in your recent lawsuit. I have carefully read through the staff report and Lighthouse is in full support of a BAN at this time. As a member of the Orange County Recovery Collaboration, we are also in agreement with their report in the event that the ban does not pass, But we would like to be very clear that at this time, especially without SB 689 on the books, we strongly support a full BAN of needle exchange in any form and will only support a regulation should the ban not be passed. If the ban is not passed, the only item we will support at that time is the regulation that staff has prepared in their report exactly as is_ Have a great day, Tamara Jimenez Community/Government Relations Manager Anaheim Lighthouse CONFIDENTIALITY NOTICE: This message is protected under the Federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability Act of 1995 ("HIPAA"), 45 C.F.R. Pts. '_60 & 164 and cannot be disclosed without written consent unless otherwise provided for in the regulations. The Federal rules prohibit any further disclosure of this information unless a written consent is obtained from the person to whom it pertains. The Federal rules restrict any use of this information to criminally investigate or prosecute any alcohol or drug abuse patient. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. iJJ �y' yam'" �y'"j�,g} �+�' "j�, COMMITTEES STATS __O_ CAPITOL Al ] all f ,e. ilia tate e.. ate CCC III jU.r74C4AA.Y =A::RAh1EPi--C3- G:� p=�.:� �f:�E r916, 651-402 CHAIR 6'3 i�CxET Er FfSC:.t fiEVItFS Oi5TPfcr o;--` 9y *sem Srw, , ��`•'_�-`�-_- GOVFRh:ANCE & FINANCE x1.10 Sall-I'H C4.:ST C=:•:� <;'x �:-`; ., t SUITE 3.e5�r�� lhSLIR�i'ICE vbSTA MESA- Cr.-�•2..== +: J .. '- %+� PUBLIC ENiPLOYAI ENT �714f 6152-cGF- -••r•t &ROTI!=E,'-; =MT SELECT COMMITTEE Ct MENTAL HEALTH SENATOR _;,0P4T COM MIT TEE O;t R . = z -- JOHN A W. MOORLACH THIRTY-SEVENTH SENATE DISTRICT FACT SHEET Senate Bill 689 — Local Control of Needle Exchange Programs BILL SUMMARY Senate Bill 589 will amend the California Health and Safety Code Section 121349 to allow local governments a greater Say in the location of clean needle and syringe exchange programs. Specifically, this bill restricts the California Department of Public Health (CDPH) from authorizing or re -authorizing needle and syringe exchange programs unless a city or county has approved the request. REA`':ON FOR LEGISLATION According to the departments' Office of AIDS, needle exchange programs were developed to prevent the spread of HIV and other blood- borne diseases.' However, through unintended consequences these policies have created a threat to non- drug lasing residents_ The city of Santa Ana encountered a serious public safety threat as a result of its needle exchange program. Discarded needles have pricked city residents, and 401-501 needles per month have been found on public library property. The problem was so rampant that, at one point, library employees found books with needles inside.' I office of AIDS, CDPH Syringe Exchange Certification Proflram Fact Sheet Preventing the spread of blood-borne diseases for one group of citizens is a worthy cause, but creating a serious public safety crisis for everyone else is not the answer. City, county and state leaders should be focusing on a path to substance amuse recovery, not advancing illegal drug use. SB 689 does not prohibit clean needle and syringe exchange programs; it simply gives control to local governments over where they can be located. ISSUE BACKGROUND Current law defines two methods in which needle exchange programs may be authorized to operate: 1 j action taken by the county board of supervisors or city council; 2) authorization granted by the CDPH. This current process sidesteps local control, and allows the state to decree they know where to best locate these programs. CONTACT Eric Dietz, Legislative Director Eric. DietzCcr7sen.ca.gov, (916) 551-40137 `https:/I w'ww.latimes.comisocal/daily-pilot/`ne:.!sitn-,:. nc- et-oc-needle-exchange-20180201-storLl html SENATE HEALTH COMMITTEE ANALYSIS Senator Ed Hernandez, O.D., Chair BILL NO: AB 604 A AUTHOR: Skinner B AMENDED: April 5, 2011 HEARING DATE: June 22, 2011 CONSULTANT: Orr SUBJECT Needle exchange programs SULTAYNEVIDWA 6 U 4 Allows the California Department of Public Health (CDPH) to authorize entities meeting specified criteria to provide clean hypodermic needle and syringe exchange programs (SEPs) in any location where the department determines conditions exist for the rapid spread of deadly or disabling disease spread through the sharing of unclean hypodermic needles and syringes. CHANGES TO EXISTING LAW Exasting law: Requires that no person shall possess a hypodermic needle or syringe except when acquired in accordance with specified provisions of law. Authorizes an SEP in any city, county, or city and county upon action by the county board of supervisors and the local health officer or health commission as applicable, or action of the city council, mayor and local health officer as applicable. The programs are to be authorized using recommendations from the United States Secretary of Health and Human Services, subject to availability of funding, and are to be offered as part of a comprehensive network of services. Requires health officers of jurisdictions that participate in SEPs to annually report the status of those programs and at an open meeting of the board of supervisors or city council. Allows local governments, public health officials, and law enforcement agencies the opportunity to comment on SEPs on an annual basis to address potential adverse impacts to the public. Continued--- STAFF ANALYSIS OF ASSEMBLY BILL 604 (Skinner) Page 2 Allows a pharmacist or physician to furnish hypodermic needles or syringes for human use without a prescription or permit if the person is known to the furnisher and the furnisher has been previously provided with a prescription or proof of legitimate medical need. Allows counties to authorize phannacists to furnish or sell 10 or fewer hypodermic needles or syringes to persons 18 years of age or older, for the period commencing January 1, 2005 and ending December 31, 2018, if the pharmacy is registered for the Disease Prevention Demonstration Project (DPDP) and if the pharmacy complies with other specified provisions. Establishes the DPDP as a collaboration between pharmacies and local and state health officials, for the purpose of evaluating the long-term desirability of allowing licensed pharmacists to furnish or sell nonprescription hypodermic needles or syringes to prevent the spread of blood-borne pathogens, including HIV and hepatitis C. As part of the DPDP, requires participating pharmacies to register with their local health department, and certify that they will provide written or verbal inforination on drug treatment, testing services, and safe sharps disposal practices at the point of sale. Describes requirements for the secure storage of needles and syringes in pharmacies, and requires pharmacies to make safe disposal options available to users. Requires CDPH to evaluate the DPDP and provide a report to the Governor and the Legislature on or before January 15, 2010. Requires that no public entity, its agents, or employees be subject to criminal prosecution for the distribution of hypodermic needles or syringes to participants in clean needle and syringe exchange projects authorized by law. Finds and declares that needle exchange programs have been shown to serve as a bridge to treatment and recovery from drug abuse, curtail the spread of HIV infection through the IDU population, and do not increase drug use. This hill: Authorizes CDPH to allow entities meeting specified criteria to apply for authorization to provide hypodermic needles and syringe exchange services in any location where CDPH determines that conditions exist for the rapid spread of HTV, viral hepatitis, or any other potentially deadly or disabling infectious disease, spread through the sharing of unclean hypodermic needles and syringes. The entity must have sufficient staff, capacity and funding to provide these services, and must demonstrate the ability to do the following: 1) Provide specified services for drug treatment and disease testing, 2) Begin the SEP within 3 months of CDPH's authorization, and 3) Collect specified evaluative data to assess the program's impact. Requires CDPH to provide for a public comment period at least 45 days prior to the approval of an application by posting a notice on its website and notifying the health officer of the jurisdiction where the entity submitting the application is located. Requires CDPH to post addresses and contact information of all SEPs on its website. Requires CDPH to provide biennial reports to local health officers in jurisdictions where CDPH has authorized needle exchange services. STAFF ANALYSIS OF ASSEMBLY BILL 604 (Skinner) Page 3 Provides that staff, volunteers and participants in an authorized exchange project will not be subject to criminal prosecution for violation of any law related to the possession, furnishing, or transfer of hypodermic needles in an exchange project. Changes the frequency with which local governments, public health officials, law enforcement agencies, and the public may comment on local SEPs from once per year to once every two years. Also changes the requirement for local health officials to report to the board of supervisors or city council on the status of such programs from once per year to once every two years. Replaces a reference to recommendations by the US Secretary of Health and Human Services, with the US Public Health Service. FISCAL IMPACT The Assembly Appropriations Committee analysis estimates annual costs to the CDPH of $30,000 to $40,400 in 2011-12 through 2013-14 to establish regulations. CDPH indicates that the department could absorb the additional workload with no new funding by redirecting existing federal monies for HIV prevention. The analysis also estimates ongoing, likely absorbable costs for CDPH to continue oversight of needle exchange projects after 2014, and unknown but potentially significant savings to the extent this bill reduces medical costs associated with infectious diseases such as HIV and hepatitis. The author believes SEPs are a highly cost-effective component of a comprehensive HIV and hepatitis control strategy, endorsed by every major national, state, and international health and medical association. The author asserts that local governments have had the authority to allow these programs since 1999, but some have failed to do so due to neglect, lack of knowledge, or lack of political will. The author claims that there are thousands of new hepatitis cases and hundreds of HIV cases occurring in the state every year, including the inland empire and the central valley where there are no authorized SEPs. The author contends that federal funding is now available to California to support SEPs and to prevent costly and deadly infections, but the lack of SEPs in some of these areas means that taxpayers statewide get stuck with paying the bill. Clean needle and syringe exchange programs (SEPs) Clean needle exchange programs make sterile needles available to injection drug users (IDUs), in order to mitigate the transmission of bloodborne diseases such as HIV and HCV. SEPs provide a safe and accessible method for IDUs to exchange used syringes for sterile ones. Often, SEPs also provide other public health services, such as HIV testing, risk -reduction education, and referrals for substance -abuse treatment. For some California residents, a SEP is the only accessible provider of medical or social services. SEPs have been shown to be effective in reducing the sharing of syringes and the transmission of blood-borne infections among drug users, without increasing drug use, SEPs can help lower the number of contaminated syringes circulating in communities by STAFF ANALYSIS OF ASSEMBLY BILL 604 (Skinner-) Page 4 decreasing syringe scarcity, and in the case of an accidental needlestick, can lower the likelihood of a needle being contaminated with a potentially deadly disease. Since the implementation of these programs in the late 1980s, new HIV infections among IDUs have declined overall by 80 percent. One study published in 2001 found that the mean HIV prevalence rate among IDUs in metropolitan areas that banned over-the-counter sales or purchases of needles and syringes was twice as high as the mean HIV prevalence rate in metro areas that allow over-the-counter sales (13.8 percent vs. 6.7 percent respectively). According to the Center for Health Improvement, there were 41 authorized SEPs in California as of March 2009. Cities and counties are enabled to authorize an SEP as part of a comprehensive network of services. Local government, local public health officials, law enforcement personnel, and the public are supposed to be given the opportunity to provide comments on local SEPs annually. The local health officers are required to annually report to the boards of supervisors or city councils, and to include a detailed report on the status of local SEPs including, but not limited to, relevant statistics on blood-borne infections associated Mth needle -sharing activities and the use of public funds for these programs. According to CDPH/OA, seventeen county boards of supervisors and four city councils have authorized SEPs, and several other counties and cities are currently considering them. Funding for syringe exchange According to CDPH Office of AIDS (CDPHIOA), CDPH considers syringe exchange to be "unquestionably vital in the struggle to reduce the spread of HIV, HCV and other bloodborne infections among injection drug users, their partners, and their children." In the past, CDPH has distributed millions of dollars in state funding to authorized SEPs across the state to provide syringe exchange, HIV and HCV testing, counseling and referral to needed services. Recent cuts in state General Funds for HIV prevention have resulted in elimination of all state funding of SEPs; HIV prevention in the state is now solely funded by federal dollars, which had precluded the funding of SEPs. On December 16, 2009, President Obama signed the Consolidated Appropriations Act of 2010, which began the process of lifting the 1989 ban on the use of federal funds for SEPs. This action allowed the CDC and its partners to more fully implement a comprehensive, evidence -based approach for reducing HIV infection among injecting drug users. The U.S. Surgeon General, Regina Benjamin, M.D. also announced on February 23, 2011 in the Federal Register that federal Substance Abuse Prevention and Treatment Block Grant funds could now be used to support syringe services programs. This determination permitted states and territories to use their Substance Abuse Prevention and Treatment Block Grant funds for needle exchange. Pharmacy sale of syringes Until the 2004 signing of SB 1159 (Vasconcellos), which started the Disease Prevention Demonstration Project, California was one of only five states that required a prescription in order to purchase a syringe. In the early 80s, insulin and allergy syringes could be bought in any drugstore without a prescription. In spite of the available supply, some drug users chose to reuse and share needles, and are believed to be partly responsible for the early spread of the AIDS epidemic. In the 90s, some states began requiring needles to be stored behind the pharmacy counter and began requiring a prescription, in hopes of STAFF ANALYSIS OF ASSEMBLY BILL 604 (Skinner) Page 5 cutting down on illegal drug use by making syringes more scarce. Many states abandoned that policy once a correlation was noted between syringe scarcity and increased infectious disease rates in IDUs. To address and prevent the spread of blood-borne infectious diseases among IDUs in California, the DPDP was established to allow the sale of up to 10 hypodermic needles or syringes without a prescription at pharmacies. In order to participate in the DPDP, pharmacies must register with their local health department and provide a contact name and related information. They must also certify that they will provide written or verbal counseling at the time of furnishing or selling needles or syringes. Additionally, pharmacies must properly store needles and syringes so that they are only available to authorized personnel, provide on-site safe disposal of needles and syringes, or furnish or sell mail -back state or federal standard personal sharps disposal containers. In the absence of local authorization of a DPDP or a SPP, the sale and possession of syringes without a prescription remains illegal in California. CDPH evaluation of the DPDP SB 1159 required CDPH to report to the Governor and to the Legislature by January 15, 2010 on the impact of allowing pharmacists to furnish or sell non-prescription hypodermic needles or syringes on rates of crime in the vicinity of pharmacies, rates of drug use, rates of needlestick injury to law enforcement officers and waste management employees, rates of safe or unsafe discard of syringes, syringe -sharing practice among IDUs, and rates of disease infection related to syringe sharing. CDPH was also required to convene an uncompensated evaluation panel. The report was released to the Legislature in July of 2010. It made several key findings: 1) Injection -mediated risks were lower among IDUs in local health jurisdictions (LHJ) that authorized DPDPs. 2) Reported needlestick injuries among law enforcement officers remained rare. 3) Drug-related crime remained stable in the LHJs that authorized DPDPs_ 4) Levels of unsafe discard of used hypodermic needles or syringes around DPDPs were low. 5) Levels of injection of illegal drugs decreased among publicly funded HIV testing clients since implementation of SB 1159. The report found that between 40 and 45 percent of IDUs in DPDP-authorizing counties reported never sharing syringes during the past two years. In counties that did not authorize DTC sale, never -sharing rates were lower, ranging from 22 to 32 percent. The authors of the report claimed that more time would be needed to accurately assess SB 1 I59's effect on disease incidence rates due to limitations in available data. The report found substantial differences in authorization and implementation of local DPDPs across California LFIJs and claims that "the two-step authorization process for legalizing [OTC] syringe sales (i.e., first on the county or city level and second on the pharmacy Ievel) limited potential risk -reduction intentions of the legislation and deletion of this stipulation from a future bill could provide better access to this important prevention intervention." The report points out that universal authorization of OTC syringe sales could reduce costs to LHJs by eliminating the need for staff time and STAFF ANALYSIS OF ASSEMBLY BILL 504 (Skinner) Page b resources to support that local authorization process and suggests broadening implementation among and within counties. Needlestick injuries Access to sterile syringes can affect the occupational health and safety of peace officers and waste management employees because they are at risk of accidental needlestick injuries from improperly disposed needles. A recent study found that 29.7 percent of San Diego Police Officers surveyed had suffered a needlestick injury on duty, usually during a pat -down or search incident to arrest. A study of police officers in Rhode Island found that nearly 30 percent had been stuck by a syringe at one point in their career, with over 27 percent experiencing 2 or more needle stick injuries. Research has shown that accidental needlesticks to police officers have decreased significantly following the implementation of SFPs. For instance, studies in Connecticut and Massachusetts found that needlestick injuries to officers were reduced 66 percent after syringe deregulation. Related bills SB 41 (Yee) would repeal the Disease Prevention Demonstration Project (DPDP) which authorizes local jurisdictions to allow pharmacies to distribute up to 10 needles or syringes without a prescription. Instead, would allow individuals to obtain up to 30 needles or syringes for personal use without a prescription from a pharmacy, and would authorize pharmacists and physicians to distribute up to 30 needles or syringes to an individual solely for personal use without a prescription. Pending in Assembly Rules Committee. Prior legislation SB .1029 (Yee) of 2010 would allow individuals to obtain, and pharmacists and physicians to distribute up to 30 syringes or needles for personal use without a prescription from a pharmacy until December 31, 2018. Repeals the Disease Prevention Demonstration Project (DPDP), thereby removing a requirement for local governments to first authorize participation in the DPDP prior to a pharmacy's registration in the program. Vetoed with the message: "SB 1029 would remove the ability of local officials to best determine policies in their jurisdiction. Some counties have not sought to implement this pilot program, citing competing priorities, lack of pharmacy interest and law enforcement opposition. " AB 1701 (Chesbro) Chapter 667, Statutes of 2010, extended the sunset date of the DPDP from December 31, 2010, to December 31, 2018. AB 1858 (Blumenfreld) of 2010 is substantially similar to AB 604 but included a sunset date of January 1, 2016. Vetoed with the message: "I signed legislation in 2005 that reflected a careful balance between good public health policy and local decision -snaking authority. l remain comfortable with that original decision and do not believe it is appropriate to change this balance and instead give authority to the state Department of Public Health to overrule local decisions regarding syringe exchange programs. " AB 110 (Cairn), Chapter 707, Statutes of 2007, permits a public entity that receives General Fund (GF) money for human immunodeficiency virus (HIV) prevention and education from the Department of Public Health (DPH) to use that money to support clean needle and syringe exchange projects (MEPs), as specified. STAFF ANALYSIS OF ASSEMBLY BILL 604 (Skinner) Page 7 AB 547 (Berg and Richman), Chapter 692, Statutes of 2005, authorized clean SEPs in any city and county, county, or city upon the action of a county board of supervisors and the local health officer or health commission of that county; the city council, the mayor, and the local health officer of a city with a health department; or, the city council and the mayor of a city without a health department. SB 1159 (Yasconcellos), Chapter 608, Statutes of 2004, authorizes the Disease Prevention Demonstration Project (DPDP) to evaluate the long-term desirability of allowing licensed pharmacies to sell or furnish nonprescription hypodermic needles or syringes to prevent the spread of blood-borne pathogens. Authorizes a licensed pharmacist, until December 31, 2010 and subject to authorization by a county or city, to sell or furnish 10 or fewer hypodermic needles or syringes to a person for human use without a prescription if the pharmacy is registered in the DPDP with a local health department. PRIOR ACTIONS Assembly Health: 13-6 Assembly Appropriations: 12-3 Assembly Floor: 52-26 Arguments in support AIDS Project Los Angeles asserts that expanding SEPs will reduce the future costs of HIV and hepatitis C to taxpayers. More than 600,000 Californians are Iiving with hepatitis C, and their health care costs are expected to soar over the next decade. AB 604 will help to bring SEPs to comanunities that currently have no access to sterile syringes and thus are experiencing high rates of HIV and hepatitis C infections. The California Hepatitis Alliance asserts that sharing needles is the leading cause of hepatitis C infections in the state, and the second most common means of contracting HIV and hepatitis B. the estimated lifetime cost to treat hepatitis C exceeds $100,000 per person, and the lifetime cost to treat HTV exceeds $600,040. Failure to prevent these infections creates long-term burden on state General Fund -supported health insurance and drug programs. Arguments in opposition The League of California Cities opposes the bill because they believe the ultimate considerations for local health and safety impacts should be made by the city that will directly bear the consequences, for better or for worse. The League asserts that AB 644 overrides local authority and allows health services organizations to act outside of a city or county government's discretion. The International Faith -Based Coalition believes this bill will have a devastating impact on the neighborhoods that their pastors shepherd. The coalition believes that having local government bodies make these decisions is not only good public safety and quality of life policy, it is good public health policy. STAFF ANALYSIS OF ASSEMBLY BILL 604 (Skinner) Page 8 COMMENTS 1. Local authority. AB 604 allows CDPH to determine where to provide authorization for SEPs for the purpose of addressing a public health problem, and circumvents the existing local control over the authorization of such programs. Given the concerns about bypassing local authority, and that this change in policy would allow additional unknown entities to engage in needle and syringe exchanges, should this bill apply a sunset provision in order to offer an opportunity for the legislature to formally reevaluate its impact? POSITIONS Support: Drug Policy Alliance (sponsor) AIDS Project Los Angeles American Civil Liberties Anion American Nurses Association California California Association of AIcohol and Drug Program Executives, Inc. California Hepatitis Alliance California Nurses Association California Opioid Maintenance Providers California Society of Addiction Medicine California State Board of Pharmacy California Syringe Exchange Provider Network Center for Health Justice Clinica Monsenor Oscar A. Romero Common Ground: The Westside IIIV Community Center County Alcohol and Drug Program Administrators Association of California Harm Reduction Coalition L.A. Cray and Lesbian Center National Association of Social Workers Redwood AIDS Information Network and Services Saint James Infirmary San Francisco AIDS Foundation San Francisco Hepatitis C Task Force Santa Clara County Board of Supervisors Waste Management Oppose: California Narcotic Officers' Association California Police Chiefs Association International Faith, Based Coalition League of California Cities Los Angeles Division, League of California Cities -- END -- SB 689-MOORL.ACH LOCAL CONTROL OF NEEDLE EXCHANGE • BILL TEXT • MAPS & CDPH APPROVAL • CITY & COUNTY RESPONSES. o CONSTITUENT LETTERS o BUSINESS LETTERS ANAHEIM i R165101TIAL DRUCIAIc-okOL REHABILITATfON ANDDETOXSERYICE5 Tamara Jimenez COOT -Unify Refaliens Manage, - 1320 West Pearl 51, Anaheim, CA 92861 Celt tvevav,analaeimllghthr�use-cam [jimenez@anaheimlighthouse.com LIGHTHOUSE TREATMENT CENTER Tamara Jimenez Communrry Relations manager ti i m e nex @ lig h th o u set reatm ent.co m Phone www.lighthousetreatment.com 1310 West Pearl Street, Anaheim, California 92861 Laura GarcialJoe Black The Lighthouse Community (AB 109 FACILITY) 3884 Rosecrans Street San Diego CA, 92118 (619) 515-0243 SEDATE BILL No. 689 Introduced by Senator Moorlach February 22, 2019 An act to amend Section 121343 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST SB 589, as introduced, Moorlach. Needle and syringe exchange programs. Existing law authorizes the State Department of Public Health to authorize certain entities to apply to the department to provide hypodermic needle and syringe exchange services in any location where the department determines that the conditions exist for the rapid spread of human immunodeficiency virus (HIV), viral hepatitis, or any other potentially deadly or disabling infections that are spread through the sharing of used 'hypodermic needles and syringes, and requires the department to provide for a period of public comment, as specified, at least 45 days before approval of the application. This bill would instead allow the department to authorize an entity pursuant to these provisions only if the city, county, or city and county in which the entity will be operating has adopted an ordinance or resolution approving that authorization or reauthorization. Vote: majority. Appropriation: no. Fiscal committee: yes.. - State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 121349 of the Health and Safety Code 2 is amended to read: 99 SB 589 —2- 1 2- 1 121349. (a) The Legislature finds and declares that scientific 2 data from needle exchange programs in the United States and in 3 Europe have shown that the exchange of used hypodermic needles 4 and syringes for clean hypodermic needles and syringes does not 5 increase drug use in the population, can serve as an important 6 bridge to treatment and recovery from drug abuse, and can curtail 1 the spread of human immunodeficiency virus (14W) infection S among the intravenous drug user population. 9 (b) In order to reduce the spread of HIV infection and 10 bloodborne hepatitis among the intravenous drug user population 11 within California, the Legislature hereby authorizes a clean needle 1.2 and syringe exchange project pursuant to this chapter in any city, 13 county, or city and county upon the action of a county board of 14 supervisors and the local health officer or health commission of 15 that county, or upon the action of the city council, the mayor, and 16 the local health officer of a city with a health department, or upon 17 the action of the city council and the mayor of a city without a 18 health department. 19 (c) (1) In order to reduce the spread of HIV infection, viral 20 hepatitis, and other potentially deadly bloodborne infections, the 21 State Department of Public Health may, notwithstanding any other 22 law, authorize entities that provide services set forth in paragraph 23 (1) of subdivision (d), and that have sufficient staff and capacity 24 to provide the services described in Section 121349. 1, as 25 determined by the department, to apply for authorization under 26 this chapter to provide hypodermic needle and syringe exchange 27 services consistent with state standards in any location where the 28 department determines that the conditions exist for the rapid spread 29 of HN, viral hepatitis, or any other potentially deadly or disabling 30 infections that are spread through the sharing of used hypodermic 31 needles and syringes. Authorization shall be made after 32 consultation with the local health officer and local law enforcement 33 leadership, and after a period of public comment, as described in 34 subdivision (e). In making the determination, the department shall 35 balance the concerns of law enforcement with the public health 36 benefits. The authorization shall not be for more than two years. 37 Before the end of the two-year period, the department may 38 reauthorize the program in consultation with the local health officer 39 and local law enforcement leadership. 99 -3 -- SB 589 1 (2) The department shall authorize or reauthorize an entity 2 pursuant to this subdivision only if the city, county, or city and 3 county in which the entity will be operating has adopted an 4 ordinance or resolution approving that authorization or MI b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 r-� 24 25 26 27 28 29 30 31 32 t. 33 34 35 36 37 38 39 ^ 40 reauthorization. (d) In order for an entity to be authorized to conduct a project pursuant to this chapter, its application to the department shall demonstrate that the entity complies with all of the following minimum standards: (1) The entity provides, directly or through referral, all of the following services: (A) Drug abuse treatment services. (B) HIV or hepatitis screening_ (C) Hepatitis A and hepatitis B vaccination_ (D) Screening for sexually transmitted infections. (E) Housing services for the homeless, for victims of domestic violence, or other similar housing services. (F) Services related to provision of education and materials for the reduction of sexual risk behaviors, including, but not limited to, the distribution of condoms. (2) The entity has the capacity to commence needle and syringe exchange services within three months of authorization. (3) The entity has adequate funding to do all of the following at reasonably projected program participation levels: (A) Provide needles and syringe exchange services for all of its participants. (B) Provide HN and viral hepatitis prevention education services for all of its participants. (C) Provide for the We recovery and disposal of used syringes and sharps waste from all of its participants_ (4) The entity has the capacity, and an established plan, to collect evaluative data in order to assess program impact, including, but not limited to, all of the following. (A) The total number of persons served. (B) The total number of syringes and needles distributed, recovered, and disposed of (C) The total numbers and types of referrals to drug treatment and other services. (e) If the application is provisionally deemed appropriate by the department:, the department shall, at least 45 days prior to approval 99 SB 689 —4- 1 of the application, provide for a period of public comment as •--. 2 follows. 3 (1) Post on the department's ntef _.- rzr L __._ internet website 4 the name of the applicant, the nature of the services, and the 5 location where the applying entity will provide the services. 6 (2) Send a written and an -e-mail email notice to the local health 7 officer of the affected jurisdiction. 8 (3) Send a written and ani email notice to the chief of 9 police, the sheriff, or both, as appropriate, of the jurisdictions in 10 which the program will operate.. 1 i (f) The department shall establish and maintain on its-Liternet 12 Web site internet website the address and contact information of 13 programs providing hypodermic needle and syringe exchange 14 services pursuant to this chapter. 15 (g) The authorization provided under this section shall only be 16 for a clean needle and syringe exchange project as described in 17 Section 121349.1. 18 (h) If the department, in its discretion, determines that a state 19 authorized syringe exchange program continues to meet all 20 standards set forth in subdivision (d) and that a public health need 21 exists, it may administratively approve amendments, to a program's 22 operations including, but not limited to, modifications to the time, 23 location, and type of services provided, including the designation 24 as a fixed site or a mobile site. The amendment approval shall not .-�. 25 be subject to the noticing requirements of subdivision (e). 26 (i) The department shall have 30 business days to review and 27 respond to the applicant's request for amendment of the 28 authorization. If the department does not respond in writing within 29 30 business days the request shall be deemed denied. 0 99 THE ORANGE COUNTY REGISTER Local control is key to making needle exchange programs work By John, M. W. Moorlach February 28, 2019 A sad development that has exploded across the country in recent years has become known as "the Opioid Epidemic," especially among young people. That's why I have introduced Senate Sill 589, which establishes guidelines and increases local control for needle and syringe exchange programs. Such programs do not condone drug abuse but recognize the reality that some people are going to inject themselves with harmful substances. Almost inevitably, these people are poor. They "only had a dollar to live on till next Monday," to quote the old Hoyt Axton anti-drug song, "Snowblind Friend_" Experts will tell you people are tempted to use old needles that may be contaminated with HUV- hepatitis or other diseases, perpetuating the contagion. Which is why needle -exchange programs hand them new, sterile needles. This idea, while well-intentioned, presents a whole new set of challenges. When addicts receive the needles, they also make contact with the public health system, possibly for the first time. Doing so gives them the opportunity to receive information on health, recovery and other programs that can help them break the addiction, or at least to live another day_ Crucial to such programs is local control. That's because local city councils, police and health officials are the ones on the ground trying to help the addicts_ Also important to consider is increased risk to public safety. The California Department of Public Health„ Office of AIDS, has cautioned that some existing needle -exchange programs have not made matters better, but worse through threatening non- drug -using residents. These concerns are real. The Register reported last November when Orange County's only needle -exchange program was shut do%Nm, Superior Court Judge Joel R. Wohlfeil "agreed with concerns raised by Orange County officials and the cities of Anaheim, Costa Mesa and Orange about the potential for used syringes to litter the community and stick people." The judge called the program a "noble goal" and lauded volunteers' "selfish devotion." Then he cited "the estimated 250,000 syringes that were unaccounted for during Civic Center operations," according to the Register. "The seriousness of the harm outweighs the social utility," Wohlfeil ruled. Discarded needles have pricked city employees. Heather Folmar, operations manager at the nearby Santa Ana Public Library, said needles rarely were found in the library before the exchange opened, but 40 to 50 a month afterward. "We found them on shelves, near planters, window sills, in books," she said. "A cleaning lady was pricked by one" Helping some people shouldn't hurt other people. S'MR9 specifically states its intent is to "reduce the spread of HN infection and bloodborne hepatitis among the intravenous drug user population within California." Therefore, "the Legislature hereby authorizes a clean needle and syringe exchange project!" It allows the California Department of Public Health to authorize needle -exchange programs only if the city or county in which the exchange will be "operating has adopted an ordinance or resolution approving that authorization or reauthorization." The bill provides a crucial element to make needle exchanges work: local control. Please join me March.1 at 10 a.m. as I introduce SB 689 to the public. Address: City Hall, 300 E Chapman Ave, Orange, CA 92866. John M. W. 1Mfoorlach, R -Costa Mesa, represents the 37th District in the California Senate f. if-I -C 4 �i �• i 1 tn cc rx .* io a �� Yip *�. ;� � � •�" " � � ,� - � �� a r," r e rte, .-' .�• � - r- _ _ r 9�: v J 1� --: • � r WOW. r � �4r-r, • _. Com,^ o R �SS y wry �-�� r444.r�'i ��.i ��•�14 { r .� � w. • ��! .. l{fir a'. e� � t• �� ice• Y. � 47 �,x � �� sf". a"F !• I �1 � r x v i �r � e .� m CL as lift 0: ir C7 O. BOOM A I a %Vwwlla it a � '* - a qL f - - {iCf/lfli�i*l•E�it �IR.aF� L•L"LL 01 ._. ....i. _..:.. _ Cal fc)rn' a DzWmant of Public ea(t KkKEN L. UUTR, MD, MPH Dire- and State Pubic Health Otir„;r August 6, 2018 MMUND G. BROWN JR. Gossmo; TO: Chief Thomas Kisela, City of Orange; Acting Chief Juiian Harvey, City of Anaheim; Chief David Valentin, City of Santa Ana; and Acting Chief Bryan Class, City of Costa Mesa Dr. Eric Handler, Orange County Health Officer SUBJECT: AUTHORIZATION OF THE ORANGE COUNTY NEEDLE EXCHr"%NGE MOBILE PROGRAM APPLICATION The California Depam-nerit of Public Health (CDP1r1), 0=;ice Lf lIDS (DA) uLouJd like to thank: you ;or your participation in the consultation proses.; and inform you that CDPH, OA has authorized the Orange County Needle Exchange Progran (OCNEP) to provide syringe exchange mobile services in four locations in Orange County, as proposed in OCNEP's appiication dated March 19, 2016. This authorization is effective August 6, 2018 hic-uah;^_u ust 5, 0CN7P may apply for r-nev.,'a.l "erre the end of the two- iy C' - _ ..,- lie:ice t,tl I w• L:. r , � i _.... 'Y' R , �.�.`i i't v�1cal � �� Icc l lea th =i: ter iG irr el -unser. er;, officials and tl� V , va= 1- , 3 CDPH, DA has determine -d that OCNEP's application meets the requirements outlined in Health and Safety Code Section 121349 and that there. is a public health need for these senlices due to the significant risk for transmission of HIV and hepatitis C amonc people who inject ?rugs in Orange County. In making this determinatiort, CDPH has identified Orange County as among the California counties most vulnerable to rapid spread of incc:on drua u„e-relatLd HIV and NCS in eu tI rs. Newly reported cases chronic hep atkis C increased by 201 % btelltween 2011-2015 in Orange County, and the rate of newly -diagnosed HIV cases per 100,000 population increased by 24% between 2012 and 2016. There is currently no syringe exchange program in Orange County, and very few Grange County pharmacies provide non-prescription syringe sales. The services proposed by OCNEP will play a crucial pub..lic health role in the prevention of blood-borne diseases, as well as offering support and linkage to critical medical care and social services. Amendment to OCNEP Operations In order to address the concerns conveyed during CDPH, OA consultation with local law enforcement and received during the public comment period, OCNEP has conferred with CDPH and requested that, if its application is approved, CDPH, OA amend the DirecbQ s -Office -M,5 05Q0_ -__P ❑_Box._997377 . Sacramer+to, CA 95899-7377 ""° • (916)55B-1700 . (916) 558-1762 FAX — -; Intemet Address: www.cd h.ca. ov a ' f�aoe authorlZa-_ -, t[1 rl rrcv, hi e geo r ! e � `r•aa L,Z'r, _ . -,r c s rd ce r g .0 r a�-I" i�Y I crl� vrj`;=P-! sj rlr�� �i�aE, I I-:`i'?{Orv, rd-=k�' �so--'E 4uctiz,[ f��',�_`Y4 , O is c' dlml':f�_rc ,ralJr �i i= ;i;y �.� r yam.- =y� .r1�Y`'c" _ 3aIIs: I } The geographical areas of service are narrowad. OCNEP is authorized to operate in the following times and locations: 1, Anaheim Time: Mondays 2 p.m. to 5 p.m„ and Thursdays 2 p.m. to 5 p.m. Location: Area bounded by the Riverside Freeway (California State Route 91), North Anaheim Boulevard, East La Palma Avenue, and Nlorth Olive Street, 2. Costa Mesa Time: Wednesda-ys 10 a. m. to 2 p, m., and Sundays 14 a.m. to 2 p. T. Location: 1 7th Street from the outer border of the Armstrong Petroleum Plant to Whittier Ave -nue. t r)ra.noe Tim-: Tuesdays 2 p.m, to w p.m., =nd Er da, 2 n_rn. to 5 p.m. Location: Area }~Founded by West Katella Avenue[West Struck /`,venue, the Santa Ana River, Vilest Orangewood Avenue, and Main Street, LL+'� c�G'i 1. r".i . •i 1'Ji iLF 1d !J ji r St*VV B!ritrl Street, and No! Lh Grand Avenue. 2) As part of increased and collaborative efforts to address syringe litter, OCNEP agrees in prnvide the following: E.. Work with the Orange County Health Care Agency to increase sharps disposal options, including purchase and placement of additional disposal kiosks for the areas served by OCNFP; Operate a hoiline through %,,,hich OCNI ,%,Ji lull;._ repor's c'r ir,propei-ly, discarded syringes, or other community concerns, and c. Conduct additional syringe recovery services in and around mobile service areas. These amendments shall be effective immediately and are made in accordance with a CDPH, OA determination that, with these amendments, OCNEP will continue to meet all standards set forth in subdivision (d) of Health and Safety Code section 121349 and that a public health need exists for such services within Orange County. CDPH/OA will continue to work with the Orange County municipalities and OCNEP to address ongoing syringe fitter collection issues. CDPH, OA is in the process of contracting with an independent evaluator to assess syringe litter in each locale, and will use the results of the survey to evaluate the potential impact of the program on syringe litter. Findings may be used to assist OCNEP in addressing community Orange County Neezd�le E::change Progran1 August 6, 20118 Page 3 concerns, planning for syringe: litter collection in vicinities served by OCIIIEP, and collaborating with the health department in expanding sharps disposal options. Orange County faces multiple and overlapping public health chalienges, and county, city, medical and social service partners have implemented a wide array of strategies to address these challenges. Providing syringe services that include linkage to HIVlHCV screening and care, substance use disorder treatment, and overdose education and prevention will amplify existing public health efforts. CDPH's formal announcement will be posted shortly and can be found at: https:!!1'tlifs't'd.cdph.ca.cov!Programs!CID/DOPJPaoesiOA Drev secnaoc.as ,. Sincerely, Karen L. Smith, MD, MPH Director and State Public Health Officer co: Gilberto F. Chavez, MD, MPH State Epidemiologist Deputy Director for Infectious Diseases California Department of Public Health, MS 9509 Sacramento, CA 95899-7377 Mlarisa Ramos, PhD Interim Division Chief, Office of AIDS California Department of Public Health, MS 7700 P.O. Box 997426 Sacramento, CA 95899-7425 Brian Lew, MA l inPerim Chief HIV Prevention Branch, O��ice of AIDS California Department of Public Health, MS 7709 P.O. Box 997426 Sacramento, CA 95899-7426 Carol Crump, MFT HIV Prevention Branch, Office of AIDS California Department of Public Health, MS 7749 P.O. Box 997426 Sacramento, CA 95899-7426 Alessandra Ross, MPH HIV Prevention Branch, Office of AIDS California Department of Public Health, MS 7700 P.O. Box 997426 Sacramento, CA 95899--7426 To whom it may concern: Below is a Summary of Approx 40 minute call on Aug 2"00111) with Carol Crump at office of AIDS: CCNEP only has to have "a plan", not proof that they can follow through, "they have to submit an annual report" so they don't have to turn in a report for 1 year "Our attitude" is that a "1:1 exchange is not even recommended". we will sive out as many as they want Do not require any testing for infectious disease, "only have to offer a referral", this means there is not actually not anyway to even find out if diseases are being prevented, NOT required to follow through, there is no way to accurately collect data on whether or not the program is even effective in decreasing the spread of infectious disease "Because these guys are homeless they aren't necessarily going to bring in one needle for every needle they get" because they get their stuff stolen, don't have a way to dispose of it, get arrested, etc. but ❑CNEP will still be giving up to 200 needles or more (no limit)/week or day they operate Expect the recipient to get "training" on partnering up and "do a test shot" with each other, encouraging them to use with others When asked about preventing children from getting the needles they said there is no age requirement, ID not needed, will give them to any age, this includes children QCNF-P is being funded by our tax dollars=part "public health dollars" and "part revenues from other state services" When asked about the approval even though all 4 cities and the county opposed CCNEP they said "the law says" we can make the decision The state & OCREP will not cover any casts related to deaths related to the needles nor any costs related to anyone pricked by a needle or re-entering treatment/detox, they don't even "track" the needles in any way Access to a van driving around with needles does "not cause a relapse" She continued to bring up homelessness, homeless and children who can't buy needles at stores are the target 1320 W Pearl Street • Anaheim, CA 92801 0 Phone: (714) 780-1174 • Fax: (714) 844-2058 (cont.) Doesn't matter if it's a drug dealer or a minor, they will dispense to "anyone" that asks, no ID required, when asked about whether supplying drug dealers with the needles that they can sell drugs with she said "it's not irresponsible" All 4 locations have schools within the area they will drive wound and she says there is nothing wrong with that, admitted they are supposed to do syringe "sweeps" around the area before and after the exchange, meaning they believe the needles they will be discarded in the parks and school grounds and that basically this is appropriate and sees no problem with this She insists" the community wants this" and all they want is a clean up When asked what their responsibility or OCNEP's is if 12 or 13 year old child gets needles from them and either shares it with someone and contracts something or overdoses and dies, the response was, "1'm not playing this game with you" in which l responded this isn't a game this is people's lives Stated they "will be working with the County"'... "We aren't going away" yet this is not true- because ruebecause the County is filing a law suit to stop this Asked me what do I do with people who continue to relapse, I said I offer them recovery not paraphernalia, she said in "drug users yes you do" OCNEP is "not responsible for overdoses" When asked how a parent should explain to their children playing in the park and see the needles being handed out what is happening, it's the "parent's responsibility to talk to their kids about drug use", this is "not a parent education program" Repeated multiple times "needles don't kill people" and don't have anything to do with the opioid epidemic Communities have been divisive "far 30 years" about needle exchange programs and that is why it does not matter what the county, the cities, or the residents think Their goal is to get as many needles to as many people as possible Sincerely, 7"414 a' pgm4ef Tamara Jimenez Community Relations Manager 1320 W Pearl Street • Anaheim, CA 92801 • Phone: ■ Fax: (714) 844-2068 March 15, 2019 OFFICE OF THE ]DSTRIOT AT, TORN ORAT14GE COUNTY, CALIFORNIA TODD SPITZER The Hororable John Moorlach California State Senate State Capital Building, Room 2048 Sacramento, CA 95814 Re: Senate Bill 889 - SUPPORT Hear Senator Moorlach: I am writing in strong support of Senate Bill 689. This bill will establish guidelines and increase local control for needle and syringe exchange programs. The California Department of Public Health has identified Orange County as one of the most vulnerable in the state to the rapid spread of disease and infection through injection drug use. Local control of needle and syringe exchange programs will enable city and county officials to work in collaboration with law enforcement, service providers and residents to determine how to most effectively make needle and syringe exchanges work within their jurisdictions. As District Attorney, I am pleased to partner with you on this important initiative. By allowing local governments greater input on the location of clean needle and syringe exchange programs, SB 589 will reduce the spread of HIV infection and blood borne hepatitis among theintravenous drug user population while protecting the health and safety of community resider ts. Since�plk, 1 �1 i er ct Att rn�6y IrA orF .tib ale; It$u3i616 liflirf tf i1c� t'o11f,CfLl�ifmF�i�� �� P. DEvidl &nnevldes Vic -ante sp' mento Jose satorio SaI 7i-4sra Juan W � e lw December 6, 2017 Nathan Birnbaum, lulembvr OCNT Steering Committee 1605 N. Spurgeon St. SawLa Ana, CA 92701 CITY OF SAWA A ANA 24 CIVIO Cunief Pula • P:o. Bax 9688 Santa Ana, 0a11tornle 82742 S tww.sanla-ana- am i u! %'Sb6 u. it :;illJMNf L"�7'lid R, 41p�f\ 4d c - CLERK OF �iqr 00UKg',IL Mied 1 D. HLtzar RE: : SG -day Ni tice of Termination for Teems; adLu�ri a Unders andLn N1 o, NI -2.016-026 Dear Mr. Birnbaum: Le �i GG_r` �:u isoi it pzovis ions of fhe o1 un c _ ;,: _ (sfQU) . �� 14C. N- 2016-0 6), vin ;ch cotamUnaed on --bruEry 19, 2016, Find v&s -,-a erect in C ''v y els7ti bel`titirevn �?.E ncc 1J�,t I�TLe it Es Glia".lV� Y4 rrz �,rit_ f f��'; v :C: 4=1 t 'Lig •7_ we"1si fi^ c c 5 r•.i c: pleasL r advised that LWs MOU will be teriniaaied effeaive January 5, ?01$. Since Pebn-lary 20, 2016, the OCNEP has operated a syringe access program at the Civic Center rp ant? �Iiu, �]1llsliaalit to a C'lctG? �illctiC�7 n�Cle �a;r the C6?ifOS"1ja `gtsat(� �f:�arti 1icat Of Fleah— The pr `pose of OCI'E�P is to give iinicotion d1 ug u1sers in the CCi'sam olity a p}ai:E i'J safcly dispose of used syringes and access sterile injectiota equipm-eznt to reduce the spread of infectious disease. lh, gl l` C L'.0�pse—cl--s to pi evenL disease p —' a so- s�.`. moi.:i 2 rlipl;.'Scrlpiio:i y `t� � � 5. tl]e program itself, Vincludirng -tbe manner in which it operates, has created unintended consequences that have negatively impacted the patrons that visit the Scuta. Ana Public Library, the Civic Center, and surrounding community. In the past year, the City of Santa Ana bias received numerous written and verbal complaints (attached) about used and discuded hypodermic needles found in the Civic Center and the Santa. Ana Library. Complaints have been voiced by citizens cornhig to the area to Condi-Ict bus311ess; fam-dies visiting the Santa Ana Library, and employees of the City of Santa Aria, and the County of Orange. Used and discarded hypodermic needles found in the Civic Center including the Library, have placed employees, contractors and patrons, including children and unaccompwiied minors, at risk of disease or injury (see attached). Used needles have been improperly discarded and found hidden in bootcs at the Santa .Ana Library, Civic Center governuzent facilities, Santa Anna City hall restrooms including toilet seat cover and toilet paper dispensers, trash receptacles, and Civic Center walkways and pedaways. SANTA AWA CITY COUNCIL Wgua[A- Polido Wchak Mariinea Vlcenk 3arn'li8nl0 Jose Solorlo P. R,vk Senavides Jin Volegas Sad iiniisra Mayor Irlayor Pro T_m, Ward 2 Ward 1 Ward 3 W.vd 4 Ward 5 Ward g R,f +lie�9senl un3.an WLmart iney :sanla-ara oro vsarmiai1a0,•amn-fino_urr, -soI Irvin -. st la in _nr rf5"nmsdr Lr1-2T '-: W M cru sl;na' ras. Nathan Birnbaum '10 -Da -"Notice of Te -n ination Page, 2 The izaprcper disposal and .I.dglk quantity of used hypDdermic needles has 1--d to City staff orld Coni -act employee injuries, in reasud City liability exponird, unanticipated costs for th,- proper tanof-L-i a and disposal of used hypodermic needles, and negatively impacted the quality of life for employees and visitors in the Ulric Center. In addition, according to the Health and. Safety Code Section 12134.9.3 (a), presenations relating to the status of clean needle and syringe exchange programs shall be provided, The code states that `thc health officer of the participdting jurisdiction shall present biannually at an ripen rueeting of the Board. of Supervisors or City Council a report detailing the status of clean needle and syringe exchanagc progrrams, including*, bort not limited to, relevant statistics on bloodbornc infections assscia%ed r,%dba needle sharing activity and the use of public funmds for these programs." To date, these biannual presentations leave not occurred at an open izeetin,g as described above. 14OU No. N-2016-026 states the foilowina: This MOT car, be ierrurinated ftr any r•eczsorr by airy of rhe pa des wifi7 (30) dqv ' 'I riffen notice e o the uif7Ei p -,i rty. As such, the purpose of th-Is letter s ro rice r CNEP that MOU t To. 2016-026 ;gill be termainared on Jani_ary J, ! 01 °. If you have any questions regarding this natter, please contact Robert Cortez, Deputy City Msn.aaer or Jorge Garcia, Act'ng Assistant to the Citi, Manager at (714) 647-5200. _!i•ci'Cl y Raul C odrnez II " C! •r ]Vf Magef Abal�ncads: MQU No. 2016-026 Vfriiteu Complaints cc: Kyle Barbour, OCNEP Steering Conu-ni.ttee Member - Carol Crmnp, California Department of Public H&alth Behavioral Health Specialist Dr. Eric Handler, County of Orange Health Officer David Valentin, City of Santa Ana Cbief of Police Robert: Cortez, Deputy City Manager Jorge Garcia, Acting Assistant to the City Managex MAYOR Miguel A. Pulirlo MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan villegas June 8, 2018 CITY OF SANTA ANA Police Department 60 Civic Center Plaza • P.O. Box 1968 Santa Ana, California 92702 714-245-8665 www.santa-ana.org OFFICE OFTHE CHIEF OF POLICE Schenelle Flores, Chief Program Implementation Section, Office of AIDS State ofCali fornia-Health and Human Services Agency California Department of Public Health MS 77€?0 P.O. Box 997125 Sacramento, CA 95$99-7425 CITY MANAGER Raul Oodinez H CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Mafia t?. Hulzar Re: Orange County Iqeedie Exchano Frogarn Agglicatioa For Certification Asa Mobile Syringe Exchange Dear CNef Flores:. For the reasons below, on behalf of the Santa Ana Police Department, I hereby strongly oppose the Orange County Needle Exchange Program's ("OCNEP") application for certification for mobile syringe needle exchange services in the City of Santa Ana. ("City") at the following locations: Area bounded by (N) .East 4"' Street, (E) North Standard Ave., (S) ,south Grand Avenue, and (W) East Chesm tit Aveni,eI As you know, OC14EP operated a stationary needle exchange program ir, the Santa Ana Civic Center for more than one and one half years. During fhat time, :here were repeated concerns and the City articulated as much in January 2015 during meetings with OCNEP and conference calls with officials from the Department of P'ubtic Health Office of AIDS, that the program negatively affected the operation of the Civic Center, visitors to the Civic Centel- and Santa Ana residents in die surrounding area. The City continues to maintain that position. OCNEP's latest desire to operate a "mobile needle exchan,ge49 only heightens the City's health and safety concerns for the Santa Ana community. The stationary needle exchange operation highlighted OCNEP's Inability to provide for effective recovery of used and discarded needles on City premises, The City continues to have little or no confidence that OCNEP can .manage effective recovery or used needles in the context of mobile operations conducted on a more frequent, mobile basis at multiple locations throughout the City. It goes without saying that improper disposal of Used needles endangers the health and safety of residents and is of profound concern to the City, I Hours of Jperalion-, Daily between tine hours tit iO;DD s1.Ita, and 5.00 p.In.. Page 2 of`2 As you know, the City previously su? initted materials that illustrated and articuiated the negative impacts and the attendant grave health and safety concerns following; OCN EP's operations in the Civic Center for nearly two years. We, refer you to review those materiais, The City desires to contribute to solving the: public health concerns to prevent the spread of infectious diseases; however, OCNEP has failed to provide a concrete plan to defensibly mitigatc the quality of life- concerns and thCs gnificant impact on public safety and public health itself due to the; adverse; impact. OCl` EP's past failure evert after being notified of the hazardous needle: debris erodes the plan's intended public acalth benefit and instead, poses healthy and safety risks to even more people, We note tlhse standards for refusal to certify an initial SEF application include, "evidence of projected harm to public safety, presented by local law enforcetrent official(s)" that is "greater than evidence of projected benefits to public health." Title 17, California Code of Regulations, section 7004(c). The public interest demands equal consideration of this factor. Here, the ham to public safety significantly outweighs the benefits to peiblic health conferred by the OCNEP. Sincerely, VALET —IN Chief of Police cc: Maul Crodinez ll, City Manager Sonia Carvalho, City Attorney hxecutive Management Team, City of Santa Ana Carol Crump, MF71, Behavi, rat Health Specialist Director and State Public Health Officer SANTA ANA CITY COUNCIL Migual A J'Ado %dim Mooreez VrcQrJW Sdrfirenic JrSL S DFo F rlavd F7end-,rrfia.$ Jua+r Valegas say rrnalwo AAgyar mayor Pep Tam WWI 1 Warr! $ Ward 3 W ara $ W ]M 5 W am b rn ulrtlp (71iaf'Ii and a1 ewfnar4rtpy �. 3nl'd•9f`.a.�r. r5arm�gnlb Sa81,}B-anH at+J CFQfHI a� aryls -3n r dlsar+e ncM_s -s�n9 sena .7"J Orq 'lln erg MAYOR Miguel A. Pulido moulido@sa nta-ana.org MAYOR PRO TEM Michele Martinez Ward 2 mimartinez@santa-ana.org COUNC[LMEMBERS P. David Benevides Ward 4 dbenayides(d santa-ana.org Vicente Sarmiento Ward 1 vsa rmie n toCdgsa n ta- a na. org Jose solorio Ward 3 i solorioft_ sa n to -a n a. o rg Sal Tinajero Ward 6 sti na le ro p_s a n to -a 11 a. o rg Juan Viliegas Ward 5 ivillegas(EDsanta-ana.crg CITY ATTORNEY Sonia R. Carvalho June 25, 2018 Carol Crump, MFT Program. Implementation Section, Office of AIDS State of California -Health and Duman Services Agency California Department of Public Health MS 770 P.O Box 997426 Sacramento, CA 45899-7426 Re: Orange Coun!y Needle Exchange Program Application for Certification as a Mobile Syringe Exchange Dear Ms. Crump: The City of Santa Ana strongly opposes the proposed Orange County Needle Exchange Program ("OCNEP") application for certification of mobile syringe needle exchange services in the City of Santa Ana projected to be located within the areas bounded by (N) East 401 Street. (E) North Standard Ave,, (S) South Grand Avenue, and (W) East Chestnut Avenue. Operating a Mobile Needle Exchange program for each of the aforementioned locations will pose a detrimental public health and safety risk given the high-density population concentration as well as the large volume of community traffic inclusive of businesses, schools, residents and the Santa Ana community at large. It is believed, and has been proven through prior City experiences, that this constituency will expose the improper disposal of dirty and used needles, which will endanger the health and safety of the community. Specifically, these locations will negatively impact the Lacy Neighborhood, Walker School Community Center, Villa School, and therefore, pose dangerous situations for school -aged children walking to and from school, with the potential hazard of damaging interactions with dirty needles. OCNEP's earlier and documented operations in the Santa Ana Civic Center had significant adverse impacts, including but not limited to excessive needle litter at the Civic Center and associated public safety concerns, which ultimately resulted in the City's termination of its Memorandum of Understanding with OCNEP to operate a syringe access program at the Civic Center. in his termination letter dated December C, 2017, Santa Ana City Manager Raul Godinez H provided to Mr. Nathan Bir -ba -um of the OCNEP Steering Cormnittee, a plethora of written and verbal complaints regarding the mismanagement of the OCNEP program and its deficiency in operation.. illustrating serious health and safety concerns to the Santa Ana community. following the termination of the MOU, and based on the same concerns, the City denied OCN EP's CITY MANAGER CLERK OF THE COUNCIL Raul Godinez II Mafia D, Hutzar 20 CIVIC CENTER PLAZA- P.D. BOX 19883 M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6554 - www.santa-ana.arg LETTER TO CALIFORNIA DEPARTMENT OF HEALTH JUNE 25, 2018 PAGE 2 of 4 application for a permit to operate in the Civic Center, as required under the Santa Ana Municipal Code. Chief among the safety concerns were numerous complaints by citizens conducting business in the Civic Center, families visiting the Santa Ana Library, and employees of the City of Santa Ana, the County of Orange, the federal government and the State of California. In nearly all of these complaints, the parties described discovering discarded hypodermic needles/syringes bidden in books at the Santa Ana Library, Civic Center government facilities, in toilet seat covers and toilet paper dispensers within Santa Ana City Hall restrooms, trash receptacles and Civic Center walkways and pathways ( see Appendix A: Letter from City of Santa Ana to OCNEP dated December 6, 2017 and Appendix B: Photographs documenting the proliferation of dirty needles in the Civic Center, and Appendix C: Community complaints to the City of Santa Ana). Furthermore, the City of Santa Ana has received the following documented narratives of uncapped, dirty, hypodermic needles found by City staff and members of the business community: 1. City of Santa Ana Public Worm Agency - From January 2018 to June 2018, Public Works staff, Quality of Life Team members, Sanitation Inspectors, and Roadway Cleaning crews, encountered open, used, and uncapped needles during daily cleanup activities, with an estimate of 7,500 needles removed from public areas and an additional 50 needles found along the Santiago Creek. 2. City of Santa Ana Parks, Recreation and Community Services Agency — Reported that during an average month, the staff at the Santa Ana Senior Center picked up approximately 50 hypodermic needles at Birch Park, in their normal cleanup to prepare the center and park prior to opening hours for senior citizens. 3. Santa Ansa Police Department — Reported encountering dirty and used needles discarded throughout the City on a daily basis at an increased level following the enactment of the MOU between OCNEP and the City. 4. Santa Ana Public Library — Please see Appendix B 5. Santa Ana Community Neighborhoods — The Santa Ana Healthy Neighborhood Alliance, West Floral Park Neighborhood Association, Artist Village, Civic Center Barrio Housing Corporation, Edna Park and Birch Park communities have provided detailed narratives of the harmful impacts discarded hypodermic needles have had on their communities and surrounding areas. 6. Santa Ana Business Sector — From September 2017 to June 2018 over 10 major businesses have expressed great distress over the negative financial impact their businesses have experienced as it pertains to harmful needle debris found in and around their business, as well as walking corridors leading to their establishments. In addition, in an effort to divert used and contaminated syringes from the residential waste stream, the City of Santa Ana has expended in excess of $57,000 over the past ten years with WelldynelRX West. Further, the City of Santa Ana has engaged the services of G4S Secure Solutions to secure public areas (CourthouselLibrary/Superblock Parking LETTER TO CALIFORNIA DEPARTMENT OF HEALTH JUNE 25, 2018 PAGE 3 of Structures) from excessive needle litter and associated impacts of the prior needle exchange operation, including the removal of discarded needles and syringes, at a cost of $1,014,024.52 annually. Significantly, the City of Santa Ana is not alone in opposing the OCNEP proposed mobile program for documented health and safety reasons. On June 5, 2018, the Orange County Board of Supervisors adopted a strongly worded resolution opposing OCNEP's operation in Costa Mesa, Santa Ana, Anaheim, Newport Beach and Orange (see Appendix F: Orange County Resolution again OCNEP Mobile Needle Exchange). On June 21, 2018, the City of Costa Mesa submitted a response to the California Department of Public Health opposing the operation of the OCNEP Mobile Needle Exchange, referencing the City of Santa Ana's experience with OCNEP in the terminated Needle Exchange Program for the Civic Center and also indicating, "what the City of Santa Ana experienced within their Civic Center may have likely also been a contributing factor to the nearly 14,000 needles found in the Santa Ana River Trail during the early 2018 clean up effort." (see Appendix D: City of Costa Mesa Police Department Memorandum on OCNEP.) We also call your attention to the letter dated June 8, 2018 by the City of Santa Ana's Chief of Police opposing the operation of the OCNEP Mobile Needle Exchange, referencing the standards for refusal to certify an initial SEP application indicating, "Here, the harm to public safety significantly outweighs the benefits to public health conferred by the OCNEP" (see Appendix E; City of Santa Ana Office of the Chief of Police Letter to California Department of Public Health.) Consultation with local law enforcement leadership is a required step in the California Department of Public Health assessment of SEP requests for authorization and the Chief s letter further articulates why this program is injurious to our community and should not be approved. Finally, the OCNEP operational standards identify serious concerns. For example, the 20:1 ratio of needle exchange, standing alone, creates an inaccurate level of harm reduction practices to mitigate the overall opioid epidemic the County of Change faces. Based on past experiences, OCNEP was clearly unable to safely control needle debris from a single non-mobile location. The current application provides no articulable facts and/or safeguards to ensure or even address how this entity would address needle debris from a mobile platform. It is our belief that a mobile implementation would not only create a disastrous experience for our community as a whole, but actually endanger more of our residents and visitors. According to the "2017 Opioid Overdose & Death in Orange County Report," the geographic location with the highest concentration of opioid related cases can be found in southern Orange County cities, with a 59% increase in the number of cases. The rate of opioid related emergency department visits by zip code were noted to be over 72% in southern Orange County, versus less than 30% in the City of Santa Ana. Opioid related overdose deaths by city were disproportionately higher in southern Orange County with an increase of 21%. The demographical characteristics of opioid related overdose deaths were disproportionate in non -Hispanic White communities (981 reported cases), a stark contrast to the Hispanic demographic population of Santa Ana (168 reported cases), all of which indicate the poorly planned program has targeted central Orange County, specifically the City of Santa. Ana, while failing to address the true opioid problem in southern Orange County cities (see Appendix G for 2017 Opioid Overdose and Death in Orange County Report.) These statistics provide insight into the City's ongoing assertion that a mobile needle exchange program, with the City of Santa Ana as a LETTER TO CALLF'ORNIA DCPARTMENT OF HEALTH NNE 25, 2018 PAGE 4 of 4 dispensing location, is ill-conceived and demonstrates the program author's desire to enact a program where it desires to exist and not where it will be most effective. Based on the significant and recent evidence provided above, the City of Santa Ana finds and asserts that the OCNEP Mobile Needle Exchange proposal will not only adversely impact the quality of life for Santa Ana residents, visitors, and businesses, but will also re-create a public health and safety crisis for the Santa Ana community at large which had been mitigated with the cancellation, of the prior OCNEP MOU and permit denial. 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G-.eo.p y,r or rse �.o-rr N enw+s N Wn.-t,nr�.. M1xn IN nu.opm*,w. tV wm,rwn.sa+n�e l.fL M�.mw p..'ra,tYV,. xnu.c � a��mw+�el rKtrumpsi��v�aden xa.�a. ry.Yu3��ara •enwn'Ahan o'mO, q,rq xo+nr. wdm �e mw erar�rm.rKW Fns erc To- �n,.ry N. Needle related incidents at the Santa Ana Public Library and Surrounding Area lmnpe nc a auai7ehPe .eeF.m :1lr�rtl:;"�•a�..�-�.f,.T,..�. �.��.�—� ,n tx.l r.an �v4 �,� �•mr. •nw�c+�m+Chs�ta.a �..�1tlwserp du�y..,�snS " r .eeF.m :1lr�rtl:;"�•a�..�-�.f,.T,..�. �.��.�—� ,n tx.l 240 S. Anaheim Blvd. Suite #1733 Anaheim, CA 92805 Tel: (714) 765-5162 Fax: (714) 765-5164 vwvw.anaheim.net CITY COUNCIL AGENDA REPORT City of Anaheim CITY" MANAGER'S OFFICE DATE: MARCH 19, 201.9 FROM: OFFICE OF THE CITY MANAGER. SUBJECT: A RESOLUTION OF THE ANAHEIM CITY COUNCIL EXPRESSING SUPPORT OF SENATE BILL NO. 689 REGARDING NEEDLE AND SYRINGE EXCHANGE PROGRAMS ATTACHMENT (YIN): YES ITEM # 22 ACTION: That the City Council, by Resolution, express its support for Senate Bill No. 689 regarding Needle and Syringe Exchange Programs, and direct staff to submit a letter to the state legislature expressing support of Senate Bill 689. DISCUSSION At the March 5, 2019 City Council meeting, Council Member Trevor O'Neil asked staff to return at the next council meeting with a Resolution and letter of support for Senate Bill No. 689 (SB 689) for council consideration. SB 689 amends the California Health and Safety Code Section 121319 and preserves local governments' role in the location of clean needle and syringe exchange programs. Specifically, SB 689 restricts the California Department of Public I lealth (CDPH) from authorizing or re -authorizing needle and syringe exchange programs unless a city or county in which the program will be operating has approved the request. Under existing CDPH regulations, codified in the California Code of Regulations, a needle exchange program must comply with all applicable state laws, regulations and local ordinances. Currently, a needle exchange program is not an enumerated use under the Zoning Code, and the Anaheim Municipai Code does not specifically address or regulate needle exchange programs within the City of Anaheim. In July 2018, the CDPH authorized the Orange County Needle Exchange Program (OCNEP) to provide mobile needle exchange services at four locations in Orange County beginning on August 6. In addition to locations in Santa Ana, Orange, and Costa Mesa, OCNEP requested that it be allowed to operate in Anaheim. Thereafter, CDPH advised Anaheim that OCNEP was allowed to operate twice a week at the Anaheim location, from 2pm to 5pm. In response to this notification, the City Council adopted an urgency ordinance prohibiting the establishment of a needle exchange program (NEP) in Anaheim. At this time, Council directed staff to study needle and syringe exchange programs and analyze potential permissible locations, operational issues and permitting requirements for NEPs. Staff has since engaged stakeholders, worked with neighboring A Resolution orihe Anaheim City CounctI Fxpressing Support Of Senate Bill 689 Regarding Needle And Syringe Exchange Programs March S 9, 2Q 19 Page 2 or 2 cities, and studied how other cities in California are addressing NEPs. City staff anticipates finalizing its recommendations on the regulation ofNEPs and bringing an ordinance to Council in June or July of this year. Through the proposed ordinance, the City will seek to preserve local control to the greatest extent available by law. If Council approves the Resolution and letter of support for SB 681, staff will move forward with sending the letter to the state legislature. IMPACT ON BUDGET: There is no budgetary impact. Respectfully submitted, David Belmer Deputy City Manager Attachments: 1, Resolution 2_ Draft letter of Support for SB 689 OFFjCF OF LHE N!AVC June 12, 2019 Ms. Carol Cn mp. MFT California Department of Public .Health P.03 Box 997377, M5 0500 Sacramento, CA 95899-7377 Dear -IVIS. Crump, On behalf of the Anaheuu City Council, the City of AtaaLeim is submitting this letter to the California Department of Public Health to e- _ess our opposition to an application by the Orange County Needle Exchange Program. (CaNEP) to provide a syriinge exchange service in the City of Anaheim. Lased on the location indicated in their application, it appears CCNEP is intending to serve our dmvnto-v�rn area near La Palma Park, an area where the city has significantly reduced encampments and uTi_ll be relocating horaaeless senrices, such as check-in of personal belongings. Further, this area is adjacent tc a dog park, stadium events for our schools, soccer and baseball fields for our children, and opera space for families and the community to gather, Of equal significance, the city learned about OCNEPs application from. residents; QCNEP has failed to contact the city, law enforcement and neighborhood associations, thereby not "respecting... local preference," as directed by Governor Brown. Further, the City of Anaheim also has concerns related to the prior operations of OCNEP. Species tally, the City of Santa Aw a recently revoked P s peiit doe to .capped hypodermic needles litteiing the area in and around their downtown and endangering the public who work and visit the area. Bringing this program into our La Palma Park area where we have a dog park, stadium events for our schools, fields for our children to play soccer and baseball and open space for families to gather would not be an appropriate place to introduce this type of program. In 2013, the city launched Cooaing Home Anaheim as a tool to address the needs of the homeless through collaboration with other cities, local service providers and faith -based communities. It was through this collaboration that today the city, through our contract with City Net, have successfully moved over 1,2.00 individuals out of homelessness into housing with a 92% retention rate. In addition, in .January 2017, the city created Drug !if 4�,,I kt - i_ 1is IRILLlI Cw.I .i. .. :el -I f _i Free Anaheim where anyone si Tering from addiction can simply walk- into our police station and ask for services, such as detox, partial hospitalization,, outpatient counseling and/or support group re-feruals. To date, almost 300 individuals have participated aa� the program with over 220 Mdividu.als in treatment facilities. ;hug Free Anaheim is managed by professional experts m' the field or addiction and they have expressed great concerns with this particular syringe exchange program. by OCN-EP, advising the program could potentially disrupt the successfal services of recovery treatment in Anaheim. Anaheim is a proven leader in providing compassion and outreach to not only our homeless population but also those dealing with drug addictions and it would not be prudent to offer a program that would potentially re -introduce a negative attraction into our community ,who is already making progress in our pathways to home, healing and work. Based on the above concerns and recent experiences with our neighboring city, the City ofAnaheim apposes the CCNEP application to establish a syyringe exchange program in Amaheiraa. Sincerely, Jose Moreno Mayor Pro Terga, on behalf of Mayor Tom "fait 4L5 I H abcy 81 +d, Armin. CA 928x5 F: {714) 765-19CO . (7141765-1690 June 14, 2018 ANAkH E i Wit P 01 LI C Q D CE P A RIF M E N-1 Ms. Caroi Crump, MFT Califormia Department of Public; Health P.O. Box 997377, MS 0500 Sauramento, CA 95899-7377 Dear Ms. Crump: On € ehalf of the Anaheim Police Deparment (APD), t submit this letter to the California Department of Public Health in opposition to an application by the Orange County Needle Ex.ohange Program (OCNEP) to provide a syringe e.,, -change savrvice in the City of ,l.naheirn- The application submitted by OCNEP includes a progran'r rriodei and several components which are concerning in terms of public safety and quality of life in certain impacted areas. Since the application was submitted, l have spoken with law enforcement chief executives both locally and in other parts of the country where OCNEP and similar programs have been in operation. One consistent byproduct frGrn these programs wa:s glaanvd thm'uahp these convsrsQiions: the significant increase and proliiars ion o; both us -ad ,and umrta d syringe; in the areas surrounding the locatrolns vilhiiere these prograrns are Operational, Even without a program similar to one being sought by the applicant, Anaheim recently experienced a pmblem in a specific geographic area wherein substantial quantities of syringes began appearing in public places including bus stops, libraries and in parks. tl was determined the proliferation was due to a local retailer selling inexpensive syringes in gross quantities. APD workedwith the retailer, which changed its practices and the problem has been resolved. The applicant's selc-ctien of the intend -ed to operats tl lis mobi-le pro:ira ; is also troubling in many regards. The !ovation is one ilvitl i many existing challenges, and one which the City has made great }progress in improving in terms of homelessness, drug use and crime. OCNEP's proposed application would create a draw for individuals who engage in intravenous drug use to this location, and likely a dray for drug sellers as well. Further, this area is adjacent to a dog parr, event and sports stadium and one of the City's largest parks. Used by families and cl Idren, these public spaces would be significantly and negatively impacted by this program due to discarded syringes and illegal conduct which is completely inconsistent with the intended use of these limited public resources. Finally, APD and the -City in collaboration with neighboring police agencies and community-based Organizations have made tremendous strides in addressing homelessness in Anaheim over the past five years. More than 1,200 individuals have been assisted out of homelessness into housing with a 92% retention rate. in addition, APD administers the City's Drug Free Anaheim program in which persons suffering from addiction can simply walk into any police station or approach any officer and ask for help. As ars alternative to arrest and prosecution, these individuals are assisted with managed Opporifii,n Cri Qrangv Co -u til` KF6-wile "15,6)2nge Pr::,ggra-rr, June 15, 20i(S Page 2 rferrais. To date,lmost 300 individuals have participated in tide program VOth over 2-20individuals in treatment facilities. Experts in the Meld of addletion, he third paity pczc dder facilitating Drug Free Anaheim has expressed great concerns with this proposed syringe exchange program by OC'NEP, advising the program could pofentially disrupt the recovery and treatment successes we have made. In consideration of the recent local and out of state experiences highlighted above coupled with the likely degradation of our progress in addressing homelessness and drug addiction in our community, the APD opposes the OCNEP application to establish a syringe exchange program in Anaheim, Sincerely, �, rix JULIAN HARVEY ACTING CHIEF OF POLICE 31111019 Mall - ;iimena��9i�hi1 aus�tr�ctrient,aam {.ris Nl lrray, An_;;heim City Council <inloL electkrisn-turrayf.c®m> iD. larnara Jin-ier1e_ <tJimenez@llgh ilousL-trEa'rmentccm>. OP[I-josing 0C Protecting children, Families and neighborhoods Representatives of the Orange County Needle Exchange Program (OCNEP) notified the County of �. Orange and the City of Anaheim that they intend to s t begin widespread operations of their program in September. You can -view recent OC Register stories. here and hare. As a result, at the last City Council meeting on July 31, 1 called for Anaheim to pursue all legal action to protect our residents from the effects of the OCNER On August 14, I've asked for the City Council to considerjoining the lawsuit authorized by the Change County Board of Supervisors and to take any additional legal options available to Anaheim as a Charter City, As a community, we must stand together to protect our children, families and neighborhoods from the effects of this program. You can share your views with K, 01/20-15 L_ [Jell - t�[m�ns �@li�hiha�seie e�tnen t.L'4[TI ! t.�! 3 c u . �.i-dam.-.� I.i[•{`,�� I've led eiV-id In Anal-teir-1 to prevent the OCNIE trorn operating in our community. On June 12. ire CIL, Council voted unanimously to oppose state authorization of the OCNEP in Anaheim and the County of Ct; tinge. Following that action, the city sent a letter of opposition to the California State Department of Health and the city's state legislative delegation. Despite the city's request and opposition by the County of Orange, in addition to other cities formally opposing this misguided program, the OCNEP has been authori7-ed to begin operations effective immediately. As in the past, the OCNEP will operate with minimal oversight - putting our community at -risk as needles are discarded by the thousands at city parks and public spaces. OCNEP pians to operate from mobile vehicles and to set up distribution at La Palma Park in District 3 - adjacent to a charter school, stadium events for public schools, soccer and baseba!I Reids, one of the city's dog parks, as well as open space for the public. Santa Ana recentiy ended a similar program due to the eroliferation of uncapped, used needles littering dov,,ntovrn public scaces, endangering children and residents. [ Every clay, the City of Anaheim provides compassionate resources for residents - - - _- suffering v,rith addiction. Through Drug Free Anaheim, Ci7vr-4 et, and other cre), ;er 1 c -_z re--- Anaheim e Anaheim Li l"thouse have told the county, vity and State Department of Health that OCNEP pravides needles to addicts cut does not proactively encourage or facilitate treatment services such as detox, hospital i_ation, counseling and support croup referrals. i r[[is prograim mutt net bE YP;cvtled to opc-Faia v ainst the Zvi{ -hes c7f local conirriunities. A copy of theStyli report for the councils lune t2 action end ,'mien of opposition is avrilab e _ = The - _ _ _ - _ e8 well as = _-Z Tram also available. Please join the Board of Supervisors, Anaheim City Council, and other local officials count7evvide, in opposing the Orange County Needle Exchange Proaram- I wilt do everything within my authority as an at -large Member of the Anaheim City Council to prevent this program from operating in our city. Kindest regards, i Eris Murray Anaheim City Council Member City of Costa Mesa Police Department � Memorandum .CR7'OFTl�AWfS C3 DATE: May 1, 2018 l- T: California Department of Public Health */�Cv^peraar�a r9y� FROM: Captain Bryan Glass, Acting Chief of Police SUBJECT: Orange County Needle Exchange Program (OCNEP) The Costa Mesa Police Department (CMPD) submits its initial response to OC Needle Exchange Program's (OCNEP) request to California Department of Public health to operate a needle exchange program in the City of Costa h4esa in accordance with Health and Safety Code Section 121349 .et. seq. Since California's Proposition 47 was passed on November 4, 2014, the Police Department has seen an increase in calls for service from residents, school officials, library employees and business owners regarding hypoder-nic needles bEing found in public parks, sidewa*s, local neighborhoods, private businesses, and public bathroorns. This has caused concerns with residents and visitors within our Costa Mesa community. Recently, Police Department staff attempted to contact representatives from OCNEP to better understand the services they would provide our community. The provided OCNEP voicemail message indicated that as of January 2018, the City of Santa Ana has prevented OCNEP from operating in their city and they encourage people to petition their local city councils. It was not until several days later that a representative from OCNEP returned our phone gall and left a voicemail. Staff was able to finally reach a representative of OCE IEP this morning just prior to the submision of this memorandum. Since OCNEP had not responded to CMPD's call in a timely manner, we were required to investigate other cities' experiences with OCNEP. Interestingly, the City of Santa Ana attempted a partnership with OCNEP and determined it did not reduce hypodermic needy waste or the transmission of blood borne diseases associated with hypodermic needle drug use, but actually appeared to increase the problem. For this reason the City of Santa Ana decided to discontinue the program. According to a February 1, 2018 article in the Orange County Register, Santa Ana Deputy ..City Manager, Robert Cortez, stated, "Syringe litter became a rampant problem since the needle exchange's inception. A lot of unintended consequences came with the program." Further, `There was needle debris everywhere in the (civic) center, to the point where some of the books at the Santa Ana library had needles inside of them." CMiF'D researched the services OCI'�EP provids-s and determined the following potential pros and cons: Potential pros: Decrease spread of illness like HIV. Santa Ana reported it has the highest rate of HIV infection in the county. Statistics from the Orange County Health Care Agency indicated there was a 201.2% increase in Hepatitis C rates in Grange Caunty i rom 2011 to 2015 since the last analysis from the California Department of Public Health. Reduces the risk of lava enforcement officers becoming infected by accidental needle sticks. OCNEP claims the needles are less likely to be contaminated with the use of their program. o CMPD has not seen any statistical data to suppor OCNEP's above claim. Further, there is no way to determine it a needle has been contaminated. Exposed officers will still be required to fulfill a six-month medical treatment process to address the potential health concern. Raduces the risk of contam.nated needles being shared. o Many drug addicts continue io share needles regardless of a needle exchange program. Needle sharing is a common habit based on recent conversations with drug users contacted in Costa Mesa. Potential cons: This nrr;�f'aiij coUld be a "nia:gnet" for arug +jusers, in of ier cities where a needle exchange program dues not exist, thus drawing more drug users to Costa Mesa. A needle exchange program will completely undermine the successful recovery of the large number of former addicts living in Costa Mesa's saber living community. 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 01 state licensed residential drug and alcohol treatment facilites, the City has 27% of all such facilites in the county. In addition, there are an estimated 83 saber #iving 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 beat their addiction can We with similarly situated individuals in a group setting while also living and working within the greater community. Bringing a needle exchange program to Costa Mesa completely undermines the efforts of bath the sober living community and the City. As indicated above, with so few needle exchange programs operating in Grange County, there would be an inevitable migration of individuals suffering from addiction coming to Costa Mesa seeking free needles. An unintended consequence of this is that this increase in consumers exposed to a needle exchange program could eery likely undermine the succesfull recovery of those living within the sober living community. 0 Increased number of needles disposed within Costa Mesa parks, streets, schools etc. creates a health risk to residents and visitor's. According to Santa Ana's experience with OCNEP, the needle exchange program successfully distributed needles, however, failed to ensure that needles distributed were properly disposed. As a result, used needs vrere endemic in Santa Ana's Civic Center and other public spaces posing a risk to the community. OCNEP has not provided Costa klesa with any information as to how it would ensure that the needles it distributes would be properly accounted for and disposed. Based upon Santa Ana's experience with OCNEP, the needle exchange program poses a threat to the health of the Costa Mesa community with an increased number of needles improperly disposed. • The program is run by volunteers only. An evident shortcoming of this may be a lack of timely communication between the City and representatives of OCNEP, making ror a potentially challenging working relationship. Further, operation times for OCNEP would be four days a week, 10am to Spm, with no determined times for needle disposal services. The location selected for distribution is the area bounded by W. 18th St., W 10th St, Monrovia Ave., and the ouster bonier of the Armstrong Petroleum Building. This area is less Than 0.4 miles from Whittier' Elementary and corresponding neighborhoods. This concern for local schools and students was articulated in a recent correspondence from Vicki Snell, President of the Newport -Mesa Unified School District Board of Education, dated April 25, 2018, to City Manager Tom Hatch in opposition of a needle exchange program in Costa Mesa. Due to the potential increase in needles being provided within the community, Costa Mesa Police and Fire Departments will likely see an increase in call for service responses to found needles, inadvertent needle accidents and potential exposure to bystanders. This also includes potential increases in responses to drug overdoses and persons under the influence of drugs. After reviewing the above information and discussing the public safety concerns with the City's Homeless Coordinator, Muriel Ullman, and our City's Homeless Outreach Teem, as vviell as Deputy City Attorney Adrienne Mendoza, there is a unanimous agreement regarding the potential public safety concerns posed by the OCNEP. Therefore, CMPD is opposed to imDlementation of the OCNEP in Costa Mesa at this time. The information provided in this memorandum is based upon CMPD's preliminary investigation and may be supplemented with further information prior to the deadline set to submit comments. 3 CITY OF COST ESA P.O. BOX 1200• COSTA MESA, CALIFORNIA 92528-1200 FROM THE PUBLIC INIFORFAIAT"ION OFFICE Any residents wishing to express concerns about this approval can call Dr. Karen Marks, Chief of the Office of AIDS, at 916-558-1784. To seethe city's initial apposition documents go to E xoh a.IA c e r +.- i,�: r -i hsr .'For further questions please contact Costa Mesa's Public information Officer Tony Dodero at 714-754-5288 or via emai I at citvn1 :: = r stai—nesaca.oc, . 77 FAIR DRIVE, COSTA MESA, CALIFORNIA 92626 ,714} 764-5099 • FAX: (714) 754-5330 • TDD: (714) 754-5244 • www.costamesaca.gov i 01I E S 'r �, \=1 A �' ER ATt 01RNEYS AT r ^,W 3777'4CtKTH FLkP-BDR BOULEVARD ARfJ F FULLERTON. C=iLIFORNIk 92835 (731_')446-t-*') e(5621697-1751 e EAX (7 !) 4A6-!==-9 Richard D_Ian--s' Associalcs Partners Monica Choi Arredondo Martin I- Mayer [1941-2017) Melissa IvL Ballard Kimberly Hall Barlow Iamaar Boyd-Wcachcrby Iarucs IL 'Touchstone Baron 7- Bertenhausen Thomas P. Duarte Paul It Coble Richard L. Adams U Keith F. Collins Christian L, Beiteohansen David EL Demurjian Ryan R. Ions Michael Q- Do "a Professional Law Corporation SE NTT VU D.S. MAIL AND EAS Carol Cvx p, MFT Caliro-j-7l.ia Depaltm- ant of Public Kealth PC} Box 9973-77; 1./i--5 ID500 Sacra ,--i3lo, CA 95'099-73 77 Email- SEPApphcation@cdph.ca.gov ,ear MI s. Cri up: Icathya IvL Fitu Haroic W. Patter of calmsel R ssell ft I-rildebrand Tarquin aPrcxiosi hfiebael R Capizzi Crystal V- Hodgson Carrie A. Raven Harold DeGraw Krista MacNmrin Jet Ieffi'ey N. Redd Deborah Pe rnicc-Knefel Crary S. Kranker Brittany E. Roberto Dean I. Pucci Brace A- Undsay Dearne L Rocamch Steven N- Skoha Adrienne Mentlam Yolanda M_ Summerhill: peter E- Tracy Gregory P. Palmer IhFy M Tsai Scott B- Porter Carmen Vasqut�z June 25, 2018 canau-11333t Mervin D- Feinstein r s o R 1-ce ser,"es as City A-tCOM5y tO aIle, Ci7,7 _ �^_dta �`.$�� .1 �a"� ��! pro7tir-its 1� fotlov, Lig pu�`Liv comment related to the Cra�?ge Countyl elle Exc-hange Program's application to operate a needle exrhian.ge in the City of Costa itPesa. Title 17 Ca.lifor-ln.i.a Cote ofRregLuldtions Sect. o 1004 provides for t ie del„el of an application to operate a needle ex_chmge in the event the: ?�fo; 2,t -n s bTMIren e. t? -- a7r1 c (h) The applicant does not meet All dhe rogLi-rtnatrlts listed in Health and Safety Code Section 121349, (c) Evidence of projected harm to public safety, presented by local law enforcement official(s), is, in the department's ]adgment, greater than evidence of projected benefits to public .health. For the reasons set forth below, the City respec6 lly requests the California Department of Public Health ("DPH") deny QCNEP's application in that (1) the information submitted ba OCNEP's application is incorrect or incomplete; (2) OCNEP does not meet all of the requirements listed in Health and Safety Code Section 121349; and (3) the evidence of harm to public safety presented by the Costa Mesa Police Department and Santa Ana Police Department demonstrate far greater harm than evidence of benefits to public health; the details of which are described in greater detail below. C'utr fitted La tae La Dljc?t:i, a ;c En.carrect or �"�ur INisw A. Day- atad Hours of Operation OCNEP's application is incorrect or Incomplete as it pertains to its hours of operation. On the one hand, under SEP Locations, Days and Hours of Operation of OCNEP's application, the organization requests to operate 'n Costa Mesa "every first Friday in Costa Mesa from I-3 pm..." however, in another area, OCNEP proposes a far greater time period of "daily between the hours of 10 AM and 5 PM." .There is a vast different between a 2 hour per month operation proposed, on the one hand, and up to 210 hours per month proposed, on the other hand. This gross disparity between the two time periods raises a number of questions. If there is a need for a daily operation from 10-5 pm, why does the application not propose a brick and mortar stationary location as opposed to a mobile dispensary that covers a % to Yx mile radius to operate? How would the applicant go about ensum.g the safe recovery and disposal of used syringes with the operation of a mobile dispensary operating daily in various locations on a daily basis? Has the applicant demonstrated au adequate need for a 10-5 daily operation in 4 separate cities th magboult Orange Couavy? Given these signicaat questions, the application is incomplete and should be denied. B.-Neighborbood or Homeowner Association Information The OCNEP application states that there are `°No HOA or NA in the blocks we've selected. The closest encs are Newport Crest (1.6 riles south) and Pack Ave (2 miles north)". This -s clearly not the case as evidenced by the outpouring of publ.',c con,cerA DPH recel v -d once the public was made aware of OCNTEP's application. 1-?0te that OCNEP Pro posea to oUerate With ri. an appro.-b i i ately V-2 n—iSe,, radius that mclL des at least two 55+ Senio M--utti-unit h -v ,g com—munities, play Port Mobile Village. and Greenleaf Parr, not to mention Whittier Elementary School which sits just outside the northern boundary proposes and many of which include homeowner's assocations and/or a parent teacher assocation. Yet, none of These entities are identified in OCNEP's application and would not have been noti-fied, but for, the outreach that was conducted by the City of Costa Mesa. A more thorough though process and investigation as part of the application process would've uncovered these groups. Instead, the application is ,coraplac end omouts key public interest g—gvups DPI- should be a-va:; e as pari of its decision malting process. TT. The ,kanlicant Does Not Meet -AJI the Requirements Listed in Health and Safety Code Section 121349 Health and Safety Code Section 121349 requires the applicant to demonstrate the ability to do a number of things, many of which are not supported by this applicant. Specifically, Section 121349(c)(3)(C) requires the applicant to "[plrovide for the safe recovery and disposal of used syringes and sharps waste from all of its participants." As demonstrated in photographs, letters and other documentary evidence of OCNEP's operation within the Santa Ana Civic Center, it is clear that OCNEP is not able to provide for the safe recovery and disposal of used syringes and sharp waste from all of its participants" within a fixed location and that evidence in the State Public Health. Service's possession should be a part of the record as DPH makes its decision on OCNEP's current application. Additionally, in spite of serious issues related to OCHER s operation in the Santa Ana Civic Center, OCNEP's application is devoid of any evidence or information as to how it will improve its operation so that the threats to the public health and safety of the ca munity that occurred within the Santa Ana Civic Center do not also occur here. It is important to point out that the OCNEP's application is on a far grander scale than their prior, Santa Ana Civic Center, operation which was discontinued. Just to name a few distinctions, the Santa Ana Civic Center was in a centralized fixed location which, in theory, would've allowed therm to pick up used needles during and after their hours of operation. In this case, however, the area proposed is far greater with an operation Haat is mobile and that covers an area of approximately 1/4 to % mile making it far more difficult to recover and dispose of used syringes. Another distinction is that OCNEP's current application is on a much gander scale -4 mobile dispensaries iu multiple cities while their prior operation was in the City of Santa Ana alone. Given OCNEP's failure to meet this criteria in Santa Aga, and its failure to demonstrate how it will, avoid these deficiencies here, it is clear that OCNEP does not meet the criteria in Health and Safety Code Section 121349. 1T1. Dgdaace of Fro`ected hzrm W publ?c safeti,, Tireseated I1N, iaca.l law eufarcoment offici2Y Finaly, all of the photographs, letters and other written correspondence provided by the City of Santa Ana and Santa Ana Police Department related to OCNEP's operation in the Santa Ana Civic Canter dmonstrate that the harm to the public safety exceeds the public health benefit of OCN-FP's operation of four (4) mobile dispensaries covering a far greater area than their prior operation which was tern2iDeLed due to numerous issues. Moreover, as incicated above, OCNEP's application fails to explain what improvements it would snake in its operation so as to ensure the same programs do not oce-Lw with this iyach expanded operation. Again, given these deficiencies, it is clear that the hair to public safety exceeds the public benefit. For the foregoing reasons, the City Attomey's Office respectfully requests that DPH deny OCNEP's application in accordance wilth :pile 17 California Code uk ReP-; a c1o:-rs Section 70014 ba` ed c. a th.e forego;ng. Sincerely, i . Yolanda A 4d Siimmerhlll Y Costa Mesai-Zity Attorney's Office Cc: Thomas Hatch, City Manager 6'4 CITY OF ORANGE FOR DvENEDLATE RELEASE Cantact: Paul Sitka'li August 6, 2018 ( 714) 288-2590 psitkoff@r-ltyoforange.org Orange Cit Counefl Initiates Lawsuit Over Needle Exchange Program ORANGE, Ca. — Tlbe Grange City Council held a special meeting this morning to address important health and safety issues arising from the approval by tore State ofCalifom.a Department of Health (CDPME of an application by the Orange County Needle Exchange Program (OCI,TEP) to conduct operations in several Orange County cities, iDeluding Orange. In a unanimom 5-0 vote, the Orange City Council authorized the City Attorney to initiate litigation against the CDPH and OCNEP to halt the needle exchange progre-r—o's activities in the City of Orange. Because of significant concerns about OCNEP's proposed operations, tb.e Council took this action to protect the health and safety of Orange residents, businesses, and visitors. Despite OCNEP's previous inability to address significant threats to public health, rising ham their operations in Santa Ana., which ultimately ted that city to now ren.evr thea• permit, the State Department of Public Health. approved OCNEP's application to provide mobile needle exchange services to several other cities. CDPH approved the application despite the strong concerns of several local law enforcement officials, including Orange Police Chief Tom Kisela, For more information, please call Paul Sitkoff, public affairs and information manager for the City of Orange at (714) 288-2590. 1-1113-1119 ANDREW DO, ESQ. MICHELLE STEED CM,AM,,7,Nv, RPST DISTPICT SUPERV[SOP, SECOND CAIS€RICT c;, : x ORANGE CQUI iY BOAPO OF SUPERVISMS OP,ANGP COUC" t . HALL OF A(>f%4I U [ R1,UOI C> 333 W. SANTA ANA BLVD., SANTA ANA, CALIFORNIA 9?701 -:4x7 :az �e �-�y ,,f,, �T -fir � ry� �- Vim_ RMC) Je.', 1 � - �J lY.A -1 -A� JJ � - Ct] p June 1, 2418 TO: Clerk of the Board FROM: Chai arr Andrew Dv, First District Supervisor Michelle Steel, Second District SUBJBGT; Rnolution of opposition to h.e ope-aing Gf 0 --range County i Teed1c Exchange Program e --K Please acid the following item of business to the supplemental agenda of the June 5, 2018 Board, of Supervisors meeting: Clr,Jrm—aim Do and SupeMsar Steel: Adopt resolution is opposition to the CTange County Needle rxcliange, Program., and direct Clerk of the Board to sr3bn It the resolution on behalf of the Board to the California Dopa► -invent of Public 11-11ealth before the June 2.5, 2018 public comment deadline. Cc, Board ai Supervisors Frank K -i , CEO Lean Page, Couaty Counsel Richaxd Sanchez, Direotor, Health Care Agency ?'tESOLVTIGN OF THE 0-RJUN E? €;`CUNTY DO�RD OF S PERVESORS TO OPPOSE THE ORANGE COIN; TY MEEDL H EXCIl INCE FRO GRATA VyT'SEA S, tb! , first o b iiga -,on of the 0 n, -- County Bo and o Supers isors is ro et? sure, the safety and ellbein of its reside ts, ;?nd MMREA,S, the Orange County Needle Exchange Program becamia the first ever needle - exchange in Orange County when it was approved for operation by the California Department of Public Hmith in 2016; and �NWFREAS, the City of Santa Ana declined to renew the permit for Orange County Needle Exchange after allowing the progr= to operate in the Santa Ana Civic Center from- February, 2016 until 3antiary, 2018; and 14MR—FAS the City of Santa. Ana discontinued tbair needle exchange program due to the public health threat poste by a sharp increave in discarded syringes in the Ciwtic Ctinter; and r! l' h,5. the Santa Ana Public Library suffered an increase of s-yvt3ge l%tteriag Lclud?ng reports ofsyzwriges left on sha veS, ncar plaiters, window sills, and ev6n in books; and WHEREAS, Santa Ana Public Library represevtatives have been reported to have said that "before the needte ex change opened, library staff rarely found syringes in the facility, but began to find 40 to 50 a month a-fter it opened"; and sr,7 _ Id S, the City of S cugi _ Ana, S rano D ant enrol lem Frith Sym n es after the _needie 51_s a g."-.' iia�c{3i, iClsluiin STti�US oli►}7iGj'csciu j�r_i:ijks�ci• �s�ctd! es; and WHEREAS, time Oralge County -Needle Exchange Program plans to distribute syringes on a onc-for-one plus 20 basis, dramatically increasing the number of syringes in Orange County, and Vin' REAS, the Orange County Needle Exch- ge Program indicates that w�'I le in operation it was disposing of approximately 20,000 needles pet week; and WHEREA& us', G the one-for-one pins 20 rat --of ntzdle axoh;:aage, che wLection of 20,000 needles per week would quote to 420,000 needles released into the community per week; md WHEREAS, during the Environmental Remediation Project along the Santa Ana River Trail earlier this year, approximately 14,000 needles were removed > -om a less than four mile stretch in a twa week period; and WREREAS, the Orange County Needle Exchange would endanger our co-ramunities and sacrifice the safety of our public in exchange for providing safe drug -use to program users; now, therefore be it RESOLVED, that the Orange County Board of Supervisors does hereby oppose t1le establishment of the Orange County Needle Exchange Program and the health and safety risks that It poses to the County of Orange, and directs the Clerk of the Board to submit this resolution to the California Department of Public Health before the .Pune 25t�', 2018 deadline. 311. 112019 Orange County, Calico oia - Ne%ofs Oetails r\Tews Details ran -e CountyVo-,A s to _KPI -1-A Plan for Exp aiiaaed i'.reeale E�rclidnge Santa Ana, California — After removing 14,000 dirty needles from the Santa Ana Riverbed, Orange County is fighting a proposal to give away more needles to addicts. On Tuesday, a unanimous Board of Supervisors adopted a resolution to appose a pending application with the California Department of Public Health for a mobile needle giveaway program in Orange County. `Orange County just cleared 13,950 need"es -from the Riverbed,' said Supervisor Andrew Do, Chairman of the Orange County Board of Supervisors. `This program is a proven failure. Needles end up in parks and on sidewalks and jeopardize the health and safety of Orange County." After being denied a local permit by .the City of Santa. Ana, the Orange County Needle Exchange Program is seeking to exploit a loophole €n state Iavv that would allover a mobi€e unit to evade local city restrictions. The program, which pians to operate in a different city each day of the week, will give away ^u syringes for eVcyy dimy needle. . 1f the state grants the permit, Chairman Andrew Do has asked the county's attorneys for a plan to T the needle givcaway in court. Needle Glveaw,ay: Proven F-a-Hura CC Horneles2 Enr_F_mp'm-,_M_ri%s, Ubrafts Supporters of free needle programs frequently cite academic studies that show a reduction in the transmission of HIV, Hepatitis B, Hepatitis C and other diseases among intravenous drug users. However, those studies have not been replicated locally, and also come at a serious cost to public health. From 2016 to 2018, the Orange County Needle Exchange Program handed out thousands of free syringes to at least 12.000 peor!e in Santa Ana. Many of those needles ended up in homeless encampments at the Santa Ana Riverbed and Civic Center. Earlier this year, county employees r. Ti�•ve 4.600 n;-__:vUles potentially contaminated with infectious diseases -- from just a four mile stretch of public land. Staff at Santa Ana libraries say that syringe littering has become a "huge" problem. Prior to the program, staff rarely found dirty needles• Now, they routinely find 40 to 50 per month. 311i/20i9 Orange Courtly, California -News Details We found tl elit of { Shelves, rl8c•.i IJ'I �� iLe��.�`.�, vi -1 ldc-r- r Slabs, ;,n hooks," i Lecatl ic-r Fall i,ar; Santa !Lri a, Public Libra=ry cperatioi & massages", "A cleaning lae3 r vitas pric.lz_ed by ons.", City of Santa Ana Opposed Citing the public health risks, the City of Santa Ana refused to renew the permit for the needle giveaway earlier this year. "The original intent of the program was to provide public health and safety, which is a noble cause," Santa Ana Deputy City Manager Robert Cortez toio' 01rai c = :r• - "But the number of 1 -� issues that came up and compounded for city.staff, there was just too much evidence that goes against the purpose of this program." By operating a mobile unit, the needle giveaway program is attempting subvert the City of Santa Ana's decision. "The City of Santa Ana's decision must be respected," said Chairman Do. "Santa Ana residents have every right to be safe from dirty needles in their neighborhoods," Law eI -forcernenf officials in Costa Mtesa, another destination for the mobile unil, fear the program kvili make the city's drug problem worse. "This program could be a magnet for drug users in other cities where a needle exchange program does not exist, thus drawing more drug users to Costa Mesa," Costa Mesa Police Capt. Bryan Glass Tlireat to Public Employees Needle giveaways shift the public health risk from drug addicts to public employees. Every year, more than 1.8 million needles are unaccounted for in San Francisco, which operates one of the -- - _ = .___ __.. -=.- -- _- --. Transit riders in the Bay Area say that DART has become littered with needles. Earlier this year, a Caltrans employee v,,,as prig-ke.d with a hypodermic needle while cleaning up a homeless camp in San Diego. In March, a library employee in Seattle was ",-i_7� i��i C, ,.-,Y.Q ala r beina stuck tr,itla r. eed1e." Public Comment Deadline: June 25th The Orange County Board of Supervisors is urging residents to submit public comments to the California Department of Public Health. By law, the agency must accept public comments for a 90 - day period, which ends June 25, 2018. You can send your comments to SEPApplica icri dph.ca.gay. David Rartach Anaheim, CA 92805 Re: 5B 689-Moorlach To: Whom it may concern I am a resident of the city of Anaheim. Recently a needle exchange program was scheduled to be established in my community. I am writing to express my support for 5R 689 which simply aims to give local control of needle exchange programs. I Believe this is vital to the efficacy of such programs. This bill will allow local municipalities to build wrap around services and an entire continuum of care in conjunction with the needle exchanges_ It will allow the municipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed. The Office of AIDS, within the California Department of health currently controls the permitting of needle exchange programs. The Office of AIDS does not have the benefit of intimately knowing each individual municipality needs, the affected area's demographics or the location of schools and after school programs. In the case of the needle exchange program that received approval to operate in Anaheim, the Office of AIDS chose to ignore the fact that the needle exchange program's proposed operating area borders a park and has two elementary schools within a five-minute walking distance. The selected area also contains an economically impacted neighborhood and is directly across the street from another working-class neighborhood. The needle exchange area also includes a construction zone that will become a brand-new neighborhood designed for first time home -buying families in the next few months. In the years from 2008 through 2017, new Orange County HIV cases remained steady between 260 and 340 per year. Three hundred and three Orange County residents were discovered to be infected by HIV in 2017. Twenty- two of them were injectable drug users, that is only .0(306% of the county's 3.19 million population. (htt www.ochealthinfo.corncivicax fifebank tlobdload.as )<?BloblD=74179 j From 2000 through 2017, annual fatalities due to drug overdoses increased in Orange County by 82%. In 2017, there were about 700 drug involved deaths (http://www.ocheaithinfo.com/about/admin/pubs/od ) Orange County is in the middle of an Opioid epidemic, not an HIV/AIDS epidemic. If Orange County were to allow a needle exchange program to operate, it would need to operate one that prioritizes connecting an addict with a recovery facility. It should not be a program that doles out 20 syringes at a time without requesting any in return or insists on the anonymity of its participants like the program approved by the state health department's Office of AIDS. Local municipalities should be able to work in collaboration with their service providers and residents to determine how they can best make needle exchanges work within their jurisdiction. Thank you, vid Bartash March 23, 2019 Re: SB 089-Moorlach To: Whom it may concern: I am a resident of the city of Cypress. Recently a needle exchange program was scheduled to be established in the surrounding community. I am writing to express my support for SB 689 which simply aims to give local control of needle exchange programs. I believe this is vital to the efficacy of such programs. This bill will allow local municipalities to build wrap-around services and an entire continuum of care in conjunction with the needle exchanges. It will allow the municipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed. The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality heeds, what the demographics are, where things are located, such as schools and after school programs where children are playing Although needle exchange may be an asset to some, putting the public safety of children at risk is not beneficial. The harm to the many far outweighs the service to the few. Local municipalities should be able to work in collaboration with their service providers and residents to determine how they can best make needle exchanges work within their jurisdiction. Thank you, Wendy Moonier La Palma, CA 90623 March 23, 2619 Re: SB 589-Moorlach To: Whom it may concern: I am a resident of the city of Cypress. Recently a needle exchange program was scheduled to be established in the surrounding community. I am writing to express my support for SB 689 which simply aims to give focal control of needle exchange programs. I believe this is vital to the efficacy of such programs. This bill will allow local municipalities to build wrap-around services and an entire continuum of care in conjunction with the needle exchanges. It will allow the municipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed. The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such as schools and after school programs where children are playing. Although needle exchange may be an asset to some, putting the public safety of children at risk is not beneficial. The harm to the many far outweighs the service to the few. Local municipalities should be able to work in collaboration with their service providers and residents to determine how they can best make needle exchanges work within their jurisdiction. Thank you, Gilbert Jimenez Uypress, UA Vue:Iu V March 23, 2019 Re: SB 680-Moorlach To: Whom it may concern: I am a resident of the city of La Palma. Recently a needle exchange program was scheduled to be established in the surrounding community. 1 am writing to express my support for SB 689 which simply aims to give local control of needle exchange programs. I believe this is vital to the efficacy of such programs. This bill will allow local municipalities to build wrap-around services and an entire continuum of care in conjunction with the needle exchanges. It will allow the municipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed. The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such as schools and after school programs where children are playing. Although needle exchange may be an asset to some, putting the public safety of children at risk is not beneficial. The harm to the many far outweighs the service to the few. Local municipalities should be able to work in collaboration with their service providers and residents to determine how they can best make needle exchanges work within their jurisdiction. Thank you, Amber Moonier La Palma, CA 90623 Public Corriment emails on Needle ExchanEe From: Shelley locona ] Sent: Saturday, June 1 0: T C]: � E = __ i `iaa ,-:t�fc n-, 00%+ GENIS, SANDRA Subject: Sheiley Iocona - Katarna Bay Drive, Cosies Mesa, CA June 23, 2018 To the Califomja Department of Public Health, I was recently made aware of the pending approval of the OC Needle Exchange Program's (OCNEP) request to your organization to operate a needle exchange program in the City of Costa Mesa, in accordance with Health. and Safety Code Section :..i, ; "1 : Y ; et. Seq. I'm deeply disappointed that a professional organization that exists to protect the public at large mould approve this program which has proven to be ineffective in other markets. I believe this "solution" is simply a `band aid.' to a laLrper systemic issue, and I implo-e your organization to deal with the issue at its core. It is my befief that 1 -ds needle exchange fails to address the problem and increases the risk of endangering the public at targe. Given my position on the issue, myself and my fellow community members will fight this as long as we need to, to ensure this programhas no home within our beloved Costa Mesa.. Th er e is a glaring red fan faat our ncighboring ccvmmi2nity, the City of Sant aAna, has already prevented OCNEP frond opaati g with -in tbEis- city tet nits, and r�I?ed residents to Petition this With thin city officials. Santa Ana also : onciudied that this program did not reduce hypoderm;c needle waste, or the transmission of blood borne diseases associated with hypodermic needle drug use, but that the program did the iiaverse. Hence, the program needing to fmd a new horde. We dto not support that home being here in Costa Mesa. Our community supports various sober living communises and does not want to become a t "��'+a5:- et for dr -a. : users from otlaE:I cities. or to un- der mad ne. successfAl rahab proPyam- s Iacally, let alone put our families and children mi harm's way. Additionally, I am concerned that this program would be approved in proximity to the numerous schools located on Monrovia. It's irresponsible of the California Department of Public Health to do anything but deny this permit. As a home owner, community member, and small business owner in Costa Mesa, I'm disturbed by the thought that a program Re this could be approved with zem involvement or partnership from our local officials and community. We stand with the Mayor's Office, Costa Mesa Police and Fire Departments, our City's Homeless Outreach Team, and our District Attorney's Office with a firm `not here'. You'll be hearing from many of my neighbors that live directly within the targeted neighborhood if you haven't already. Please do the right thing. Costa Mesa has a bright future and it does not involve the OCNEP as a black eye among its initiatives for a better tomorrow. Re d's, Shelley Iocona CC: Sandy Geais, Mayor, City of Costa Mesa Thanks for the email. The City Council unanimously opposes this proposed needle exchange. l appreciate that you seat your feedback to the State officials. "'ZG 21N John Stephens Sent from iTty iP'horte On Jun 24, 2018, at 13:1 C PM Teresa Secrest - > wrote: Subject: No Costa Mesa N(sedle Exchar ga at busy school crossinig L =liferriia Depa4 (rr eni 'Oi -1c.1al. , I am a long ti!?te resides that lives to the proposed area of needle distribution at Monrovia and 18th in Costa Mesa. This IocatiDn is the exact intersection young children walk to/from school. They have had to endure stepping over vomit and sometimes kvalk in Ei by mistake from add€cis shooting up and getting sick. I beg you not to do a needle exchange at 'i is location as it will draw more addicts to West side—of course the toss the used needles in the grass and have no intention of doing a 1 to 1 exchange... Think of what it would be Eike if it weren't 1 to 1. Oh, my. Handing out more than one is not going to get them to return all of them. This approach will not work. It is like bringing bandaids to an epidemic. Too late, Think about the children who don't know the dangers of playing with a freshly used needle. I don't want this behavior normalized either. We work hard to protect our X uture leaders to exposure to drug and achohol induced people. We are working as a community for "our West side" kids and we must protect them from this very activity as it is just too much for their young minds to comprehend. (Please excuse th rnis'typing as I am sending from my phone and am very passionate about protecting our future generation from any positive actions toward or negative aspect of drug and alcohol issues.) They simply should not have any exposure or subsequent ramif=ications from it_..even if it is well meaning. You just don't expose them to the horrifc problem. Find a better solution to the epidemic and don't normalize it to our children PLEASE. You are working against our positive actions by doing the needle exchange in West side. Please stop now. Teresa Secrest Engaged long-time resident From: Nicole Guido Sent: Sunday, )une To - Ce: Carmin Tomassi; GEHIS, SANDRA SubjeOa Costa Mesa oCNEP - Per, To whom it may concern., It was recently brought to my husband and I's attention that there was a permit application pending in Costa Mesa for a mobile needle exchange program between 16th and 18th streets in Costa Mesa, TWhile viie believethat needle exchanni ge programs are an important pait of public health we also believe that such programs should be located In the safest places possible to avoid unintended consequences. Locating the mobile needle exchange in the area between 16th, 18th. and Monrovia would pose a greater public health risk to our most vuhaerable citizens, our children. The proposed location for the needle e,Lckan.ge is one block away from an elementary school, Whittier Elementary. My family and I also live within the proposed boundaries of the program. -T-T-L our com=.-uni.there are raga --iv you—ng f2 1 e s -Nvilth many small cbA&e ; iMat deserve protection from the increased risk -hat these types of programs ultimately bring to a neighborhood. The young families in the area spend lots of time walking, bilging, and exploring the neighborhood. The thought of one of the kids in the area finding a needle or worse sticking themselves with one of those needles is repulsive to us. We must protect our children! In addition there are many small businesses in the area that will suffer from the increased presence of drug activity. There is a thriving small business environment in westside Costa Mesa, including marry home offices, large apparel companies, other small businesses that will be threatened by an increase in the presence of drug activity. In addition, as you may know the residents of Costa Mesa already bear a disproportionate share of the burden in regards to sober living homes, drug rehabs, and, other transient activity. This program would be overwhelming to our already burdened community. Westside Costa 1� esa is an up and coining neighborhood and is a really exciting place to Hire, work and play. None of this is possible unless it i s safe 'for e veryone_ Safnfy is furs. t 8.1ri forernost and we feel strongly that tris program would negatively impact the safety of the neighborhood andhave a direct impact oa the duality of 1iJ-71 for our. dhildren! Please reconsider locating the needle exchange in an area where there are less children present and where business would not be negatively impacted. Perhaps, near a hospital or other public health complex would be a more appropriate location for this type of activity. We have notified our neighbors of the application for the program and all of thew feel the way that we do. They do not want it in our neighborhood! In addition, we have notified our HOA and we are prepared to seek any and all f n Cher legal remedies available to us. Thank you for your consideration. Nicole and Carmin Tomassi Frosia: Philip Grieco Sent., Sunday, June 1 _o To: GENTS, SANDPA Sub jam: OC Needle Exchange_ /'West Side Costa Mesa ME= We recently bought a new home ;r Costa Mesa at the F ighthoase. i h earl Erom several neighbors that you Massed fbrrugls and ship—red irtfbo spersi �c to the GC h: obile Needle Ey.c ange. I ham you for shedding fight to f is in3itia.tl iie. A sizable group of us in our neighborhood are concerned. We are wondering if it's best to each send a letUr, and if so, if using a template letter is okay, for consistency, or if it's best to send one note and have a group of signatures with it. Any thoughts or guidance would be helpful. We want to help and make a noticeable impact. Thanks in advance and hone to meet You sometime. Phil Grieco Costa Mesa IRE& Sent: Mon ay, June 18, 201b7750 AM To:EP Cc. GEMS, SANDRA V -- Subject: OCNEP To the CDPH, I am writing to comment on the Orange County Needle Exchange Program application for the city of Costa Mesa. We are long time residents in the Newport Beach/Costa Mesa neighborhoods Prom: Philip Grieco i Sent. Wednesday, June 20, 2016 10:5-5 PIVI £c.-CE,'IIS; SAfI�-.;"t'r{rp enc Subject; OCNEP - Not in Costa Me�a— June 20, 2018 To the California department of Public Health, f was recently made aware of the pending approval of the OC Needle Exchange Program's (OCNEP) request to your organization to operate a needle exchange program in the City of Costa Mesa, in accordance with Health and Safety Code Section 121349 et. Seq. I'm disgusted acrd enraged that a professional organization that exists to protect the public at large would approve this ineffective program as a'ba nd aid' to a larger systemic -issue, vs. deaIirig with the issue at its core, while also endangering the public at large. Regardless, myself and my fellov. community members will fight this as hong as we need to, to ensure this program has no 1lor-ne vtlithin our beloved Costa Mesa. There is a glaring red flag that our neighboring community, the City of Santa Ana, has already prevented OCNEP from operating within their city limits, and rallied residents to petition this with their city officials. Santa Ana also concluded that this program did not reduce hypodermic needle waste, or the transmission of blood borne diseases associated with hypodermic needle drug t ase, but that the program d,ir? the inverse. 1,41ence, t ,e prograr [ needing to itnd a in ew home, Not 114re in Costa ivieSa. Our community supports various sober living communities and does not want to become a magnet for drug users from other cities, or undermine successful rehab programs locally, let alone put our families and children in harm's way. It's irresponsible of the California Department of Public Health to do anything but deny this permit. tr s a , -c rne onir i un,;ty n"em,'_e r, iiusb--uiiv, ori' f4 er -�f 2 `}`ou{;g ch€Id Hiring In Cost a•_ Mesa, I'm disgusted with the thought that a program like this could be approved with zero involvement or partnership from our focal officials and community. We stand with the Mayor's Office, Costa Mesa Police and Fire Departments, our City's Homeless Outreach Team, and our District Attorney's Office with a firm `not here'. You'll be hearing from many of my neighbors that live directly within the targeted neighborhood if you haven't already. Please do the right thing. Costa Mesa has a bright future and it does not involve the OCNEP as a blaclt eye among its initiatives for a better tomorrow. Thank you. Regards, Philip C. Grieco add have seen some itin g and Pc sit?,e gr c, v th _m West Side Costa Mesa.. Though we be?ieve OCNEP has merit to some corm-? mitres, i, e s ongly oppose a collection and distribution of needles to addicts in the area of Costa Mcsa bounded bj, (lir} West l Eth Streit, {E} Monrovia Avenue, (S) e, st 16th Street, (LST) The outer border of Armstrong petroleum,. This neighborhood has been evolving over the past several gears bx ngizag neew "homes" and businesses to the city of Costa Mesa resulting in increased revenues and positive growth_ The OC:NEP will end business development in this neighborhood and quite possibly drive current businesses out of the West Side. 'l here are a] so 2 elementary schools i_n. this neighborhood that should be considered. These young students should not be exposed to the many potential dangers by the individuals these programs attract. 3emma Alcaron made this statement in April, obviously not researching the area to see that there axe fazziilies and schools in `die exact area they are proposing to park these needle exchange vans: `The locations that we're hoping to duorl, at are largely industrial zones, so we're definitely Ting ;o stay array from places vithere there are children around," Alarcon said. parents with babies in strollers and children iri hand are in this very ne ghbarhood. Alcaron d --,'d not do her homeworld The CDP-TYOA P-nd the OCNT-P baste t done enough to notify the residents in this neighborhood about this SEP Application. Every resident and business owner affected should be made "directly" aware of this application. What are you doing to get the word. out? T urge you to be responsible and co;?tact he schools, residents and businesses in this neighbcrLicod. Seel- their ccruments and opinions so that you can get these progrann in thce right neighborhoods. beep these programs away fro -,n schools, r:esideats and positive small business growth areas. BP Tony Resident and Business Owner mi the Lighthouse Corr miwity 15th and Monrovia Costa Mesa, CA From: T ruc Mai ] Sent.- Wednesday, June 20,l.bl FM To: S - P �k �' aoiicaftor.(E,o+r:h.ca.00 Cc: GENTS, SANDRA Subject: OGNEP mobile needle exchange in Costa Mesa I have recently learned about OGNEP's proposal to operate a mobile needle exchange in my neighborhood. I am against such a program for multiple reasons. The biggest reason being attracting drug users into the area and possible increase in discarded needles. Please do not allow this to happen. TRUG MAI CC: Sandy Genis, Nllayor, City of Costa M From: Adam zaiewski . Sent: Thursday, June To:SEPc`'?� `iC Ei r afJWt �.h,C�,C++nyr� GENIS, SANDRA Subject: NG Needle Exchange in Costa Mesa June 20, 2018 To the California Department of Public Health, I was reoehtly trade aware of the pending approval of the OC Needle Exchange Program's (OCNEP) request to your organization to operate a needle exchange program in the City of Costa Mesa, in accordance with Health and Safety Code Section ;al24p et. Seq. I'm disgusted and enraged that a professional organization that exists to protect the public at large would approve this ineffective program as a `band aid' to a larger systemic issue, vs. dealing with the issue at fts core, while also endangering the public at large. Regardless, myself and my fellow community members will tight this as long as we need to, to ensure this program las no home within our beloved Costa Mesa. T here is a glaring red flag haat our neighboring community, the City of Santa Ana, has already prevented OCNEP trorin operating within their City lirrifts, aid ra:lfad residents tt. petrion this with their city officials. Sasha Ana also concluded that this program did not reduce hypodermic needle waste, or the transmission of blood borne diseases associated with hypodermic needle drug use, but that the program did the inverse. Hence, the program needing to find a new home. Not here in Costa Mesa. Our community supports various sober living communities and does not want to become a magnet for drug users fromother cities, or undermine successful rehab programs locally, let alone put our families and childron in harm's Waa . There are numerous schools ioCa.ted on i4+rlona'Ovia as Udall. it's irresponsible of the California Department of Public Health to do anything but def-ry this awry :it. As a home owner, community member, and small business owner in Costa Mesa, I'm disgusted with the thought that a program nice this could be approved with zero involvement or partnership from our local officials and community. We stand with the Mayors Office, Costa Mesa Police and Fire Departments, our City's homeless Outreach Team, and our District Attorney's Office with a firm `not here'. You'll be hearing from many of my neighbors that live directly within the targeted neighborhood if you haven't already. Please d❑ the right thing. Costa Mesa has a bright future and it does not involve the OCNCI' as a black eye among its initia_ives for a be—tter tomorrow. Thank you. Adarn zaiews ! Lighthouse Community (Bridgewater Way) Costa Mesa CC. Sandy Genis, Mayor, City of Costa Mesa From: Rose Cameron ] Seat: Thursday, lune .i AM To: GENIS, SANDRA Subject: Fwd: NO Needle Exchange! Begin forvwarded message: From: Rose Cameron Subject: NO Needte Ridiange Date, Juno ? 1, 2-0 1 S at 8:00:29 IA ADT ,dune 20, 2018 To the Caiifornia Department of Public Health, I was recently made aware of the pending approval of the OC Needle Exchange Program's (OCNEP) request to your organization to operate a needle exchange program in the City of Costa Mesa, in accordance with health and Safety Code Section et. Seq. i'n disgusted and cnraged that .a professional organization that exists to protect the public at targe would approve this ineffective program as a `band aid' to a larger systemic issue, vs. dealing with the issue at its core, while also endangering the public at large. Regardless, myself and my fellow community members will fight this as long as ErL+e need to, to ensure this program has no home t,,v thin our beloved Costa Miesa. There is a glaring red flag that our ni-ighbaririg corn Duni y, the City cf Santa Ana, has already prevented OCNEP from operating within their city limits, and rallied residents to petition this with their city officials. Santa Ana also concluded that this program did not reduce hypodermic needle waste; or the transmission of blood borne diseases associated with hypodermic needle drug use, but that the program did the inverse. Spence, w program, rt sdi ng i.0 find a C?C-vf home. i'sl'e in Costa Kfles :. Our corni,iuniiq supports various sober living G'3fii, iunhies and does not niant to become a r"! iagne-t for tai ug users fs onn other CiltieS, or uridermina successful rehab programs locally, let alone put our families and children in harm's way. There are numerous schools located on Monrovia as well. It's irresponsible of the California Department of Public Health to do zn�rthina but deny this permit. As a home owner, communit\/ me nber, and small business owner in Costa Mesa, I'm disgusted with file t -11O ght Lhai a provianf if%iE Cfs LULfi� !1B �1�piGl`e l i'riL1h f -a, - L( involvement or partnership from our local officials and community. We stand with the Mayor's Office, Costa Mesa Police and Fire Departments, our City's Homeless Outreach Team; and our District Attorney's Office with a firm `not here'. You'll be hearing from many of my neighbors that live directly within the targeted neighborhood it you haven't already. Please do the right thing. Costa Mesa has a bright future and it does not involve the OCNEP as a black eye among its initiatives for a better tomorrow. Thank you. Regards, Rose Cameron Lighthouse Community (Bridgewater Way) Costa Mesa CC: Sandy Gelds, Mayor, City of Geta Nfiesa From- lung Nguyen Sent: Thursday. June zz, �.qb FM To: CENI5, SANDRA Subject. Fwd: OCNEP application to provide mobile needle exchange service in Costa Mesa Hello Sandy, - I'm forwarding you my email to the CA Dept. of Public Health with my comments rc the OCNEP application. I apprcciate your effwts to inform the community and hope that you voice the strongest objection possible to the CDPH on this matter. Thank you. lung Nguyen ------ Forwarded messave From: Zang Nguyen > Date: Thu, Jun 21, 2018 at 3:35 PM Subject: OCNEEP application to provide mobile need.lY exchange service in Costa Mesa To: Hello, I am a resident of Costa Mesa within. the Lawradut yes of the proposed application for service, by OCNEP. I purchascd a home and rt-mical into Plica aitza iFAtIlin the last year because I dee m L, to be a gi7ov mg area :L --. tiansitian. to a _ -Ily zesidentia1 t' cigLbaThood. Thi .s is a growing residential area with both retiree conn unitics and new residential developments with young fanlilies with young children moving in. I can't believe that any organization would think this is an area that needs to have a needle exchange program. The only thing this will do is attract the ]rinds of drug users who use this type of service, and who do not currently fiequent this area as far as I can tell. We will end up with dr - g users and homeless people hanging around oras (currently) safe streets. Please do not give approval to this application by OCN:BP. Thank you. From: Kelly ©connell i ] Sent: Friday, June 22, 2018 120 P To: SEPapplicati(n cdr)h.ca.po\; CENIS, SANDRA Subject: Kelly Oconnell- Katama Bay Drive Costa Mesa June 22, 2098 To the California Department of Public Health, I was recently made aware of the pending approval of the QC Needle Exchange Program's (OCNEP) request to your organization to operate a needle exchange program in the City of Costa Mesa, in accordance with Health and Safety Code Section e!:1211369 et. Seq. I'm deeply disappointed that a professional organization that exists to protect the public at large would approve this program v,,hich has prowin to bF ineffective in other mariaets. I believe +_his "solus nri` is si pkt a 4band.. aid` to P Urge: systNjF:ic issuz., and f im, plors your organization to deal v5'Iiii tl 6 issue at 114 core. It is .my balief that this neadla sxchlange fails to eddrE-ss the problarw and €ncraaiqS the risk of Fndis�ngerirS 7 -a r ubllc r i ] r- . Given my position on the issue, myseff and my fellow community members w1lt fight this as long as we need to, to ensure this program has no home within our beloved Gosta Mesa. There is a glaring red flag that our neighboring community, the City of Santa Ana, has already prevented CCIIEP from operating wltl'-.in their city limits, and rallied residents to petition this with their city ofocials. Santa Ana also concluded that this program did not reduce hypodermic needle waste, or the transmission of blood borne diseases associated with hypodermic naedle drug :ase, but that the program did the inverse. Hence, the program needing to find a new home. VVe do net support that home being here in Crista Mesa. Cour community supports various sober living comrnunities and does not want to become a magnet for drug users from other cities, or to undenrilre successful rehab programs locally, let alone put our families and children in harm's way. Additionalty, I am concerned that this program would be approved in proyimi yF to the nrurnKa ous schools [octad on Monrovia, It's irresponsible of the Callfornia Depari:rnent of -Public }'ealth t4 do anyd-,ing but deny this permit. As a horse owner, ci]iilrrtu-nity rnernber, and small business owner in Costa Mesa, I'm rdisrurbea by the thought that a program like this couid be approved with zeas involvement or partnership from i our local officials and community. We stand with the Mayor's Office, Costa Mesa Police and Fire Departmen=s, our City's Homaless Outreach Team, and our District Attorney's Office with a firm 'not here`. You'll be hearing from many of my neighbors that live directly tnrithin 'the 'targeted nal hlJorhood if },ger 1 ha��4n't Ire= d)f. Please do the right thNig. Costa Mesa has a bricght flu care and r does not illlrr+li'� the C"Cf�t i 4 c l'I SCI. c]'c Viral^ng its irii'iic:iE!' =_ for2 l . etc:, (�;�nrrt W. I hank you. Regards, Kelly OT onnQil CC: Sandy Genis, Mayor, City of Costa Mesa from my Phone riama is A. ti�Ecelji Bi'oLa. Ja..� �a tom" ; at �� ,� i �; re ca.,eg ,�7; :2:!13' this program beuig conducted in our neighborhood. If that happens all lousiness arcuad iwould suffer - customers \vould stop coming.. Besides there is an Elem--ntary school here, so it would be highly inappropriate and even dangerDus to have. addicts and possibly actual narcotics around. June 21, 2018 To Whom it May Concern, I am the manager of Regal Estates Mobile Home Park at This is a 94 spaces senior mobile home park. There are other senior mobile home panes as well on Monrovia. Talef tin„ DaM Fro mr cent: To. C4. k"IiQnnlayr, November 5, 2017 4:34 PM Vales tri Dak4d subject. N�sedle Exchange Chief V lantLn, For mcrr y e a'u-,-,rr; Thas been d e 1_y pact"d by the z-buse_�.1, - su-se of Lme l4e,�d e Ex&L' nge P aaf;, Opv.-Lzing a- Under license tom thp- C=Iilb -la. Depn rn-.nt c?"P.wblic Health by LACI medic ul •� - _ - - -. r Cf n ? s ' •n s --a J `� b i •i r r st r{'+a' rr l ,�, p - -- -.._- Su"Lc7S _ �Tj3� ..�_C iLg _ 55� rc _QL_tt-� 3:C a Ger t i y Satuala .1 0M O_ ., Aaa Ciuy HaL so ftat p&aple, mammy h3-wItss, can _rijta heroLa md �'htC Mega]r! g5 leave thasv used s)Tinges lyi g Emd incur pis, libraries, mar schools and along zhia rkTex fail 5 T ' pp2i .i, --f ! ll 3: zt 7s, iy ti Ti❑ sT lr i T�• sirbi o4i! f} L's lt•-=y • »� o _ i:. „�.e.. t� ; ���li reiw. i���� G stat,!2 , L��,.� =�_ � � is �_ _"C, a:�_:;.,� wr��a�['r �1r L�c:�: sc5 �i5.�� S� ; �',1Cla ? is:"Mll Fo __i5 CCS-'_-_.__�? iy' Can vre cncu-t an yua support to Just Say No r1 ;` Vn r '� T rl� l 31 'r x .r q` S rr^;" ' �� w r1 �� E G�`' ��'� :47 _r`t3' ' T�S�3�:`'S� L:iC. a � ya'.i� tCti �t�.��!.t.�ci� �_^ ��...1`�� �i'a7-ai �+�L? 13i�a. RespeatMy, =J� RL• ,ilius- to drag Ckus-a tr aazaiezt +i :!-��� �'�.f:i irdtl�J L!S J !�-s g h— r" F:Y :rt ct r E£+ JG--LG �sE klt: Last Pam gnap!l a j. Gr- gage i i', sc:-�wad c,�-; YlaccindGk►r, -STD testing, and addidonat NV or Hepatitis C testing needs witj be rq :rred to the 171 Street Turing [rearview and Cave Clinic in Santa A s14. Tt =- D m Lhai O.CT\E? 's5 piJ — i-nni .g si-- is s bcy;gid thc scups of _i-;FRi T't'.et Mhtr e;.=nple off, :r e Pero-ui"���G�w + and ,. _esix-lalsibIr,- G11 for We urge you to i=5dialcly dema-na an end to this iw?c-lass and progrurn that endangam CIL' clilld a utixs i ��!ilE `c tier 45 pn t �j VEttenVft, D vtd From - - Sent. Monday, November c, ?-?17 12,19 PM NY. OC Needle Exchange Prograrn - Authorizaton Ending on Feb 11, 2015 From - Sent: !Monday, November 05, 20"1-7-1140 Ai To: Chris S Cc; - - Subject: RE: ®C Needle Exd` tinge Program - AULhori=a- on Ending on Feb 11, 21018 Goad morning — In rasponse LO your quest ors: i. T hS regulations governing c-alff of iiria 1 e -part ii ani of Public Hearh (GJPH-i) renewal of authorization of syri; sge exchange programs require Consultation with the local h52lth officer and with lair anforcement leadership. The consultations provide an opportunity for discussion and input about the authorization reneW2L 2, tnput provided 3"t, ii.v it7 a; hee 'L !�i Gf i s f _,` pr4 -ess_ ,fit C?3 "ir1G� �';? +7 _ _l,L-rize yr to -1 �y rens'd_'; } iS Jaard u��iC''�`�r':I� CD -F --'H. I hope this informat;on is helpful. Please feel free to contact me if you have other questions or concerns. Regards, From; Chris 5 _l. Sent: Tuesday, October 24, 2017 4:1.8_PM To: U.- _ Subject: Re: DC N2edle Exchange Program - Authorization Ending on Feb 11, 2918 L .roll P � ir,'[ LI—V.,re:i rMi' '• i i�v-:'v ^if e�'ij5. olll'fi�li rR r�1€ -�Lw �u� 2 6 , tr1hen yDu 5Mj' both `die ihealtil -ffloar aid local lave Ef fulrae-nte it fea-de shit ha.e io e r,crtsultad, what is exactly does "cansur.mean? 2. Do bolt. '.hs iocai health of -cer and lccaO ls-ty enfcrc e-nnent €c-adership ha -- to approve. lira reriewaf applicat€cry t Seofion 7006(h) of California Codi of Regoulafons (CCR) Title 17, Division 1, Chapter 4, Subchapter 15 and Health and Safety Code SeCtioll 121349(a) rewire the department to consult with the local stealth officer and local law caforctment leadershup after receiving a request far renew, al. Kind recgards, f. Tuesday, Nlov-ember i, 2D i f :22 PM To, Vaisrttir; favid SuL�ject N!Ez-d 1E EXChE,-,gc -PMg,-:- I Der Chief Weutin The Smita A—niiaNei gh�a;h��c� ���ci� on al gees ���ith die No on the Nee�€Ie exchange program y Thank you, Gfcf,'is-ll l; GC-`rrI- VCCrm: Sent: W51J at sdaowL ,h -r 8, 017 8:20 Pl,I, f 0: Valentin, lravid Subject. Stomp tl-Fe 14eGd(e Ex,clrange Pro-orar> Dear Santa Ana Folice Chief Valentin - For more than a year our community has been deeply impacted by the abuse and misuse of the Needle Exchange Program operating under license worn the California Department of Pubiic Health by UCI medical students. This is a tailed exp&rimeni that MUST stop immediateJy. Hundreds of thousands of hypodermic syringes have been distdbuted at no cosi every Saturday in front of Santa Aria City Hall so that people, many homeless, can inject heroin and other illegal drugs and then a ten carelessly leave these used syringes lying around in our parks, libraries, near schools, in our neighbotoods, shopping centers, and along the river trail. The OC Needle Excharrrge Program (1) fails to understand that the population that they are servings ars not only substance addicts, but a treat majority of them have serious rnentaf problems (L) f aifs to demonstraite that their program have decreased in HfV and I F vatitis in the county and (31) male no efforiL to follow up on referrals to drug rehab programs. To add insult to injury, proponen of the praprann do not five in Santa Ana and 95% c1the lefters of support for the: program were sent by tion -residents voth no ih s to Santa Aria or concern aLboui1e program's ill pact in cur cor mun4y. This itcvnse is sai to expire on Fabruary 11. 2015 and ihare has been no cOt`nmunitkr OU'VeWh %+�h rega-rds to impacts to the community or the City's attempts to shut this program down. it is tune that this program re -think their methodology and face the fact that we have a different type of population %410 relay need a different approach to avoid re -using and disposing of syringes. l am hopeful that you witl supaci 1 us is stating yGur opposition, to this unwa.-niec' proera<<-, th2t has cRused so Much 1-arro to this cornmunint. Ifi-a look fonfvard to yo v, :•esponse and Support o efir rii I to Lf to GCi,Jw P c)i 7, 5-a r, 13 ,kind, SincejeIyj Licensed Marriage and Family Therapist `•ram : cent Thursday, Navember 9, 2DI7 9:52 PM To: Valentin, David Dear David Valentin: For more than a year our community has been deeply impacted by the abuse and misuse of the Needle Exchange Program operating a under license from. the California Department of Public Health by UCI medical students. This is a failed experiment that MUST stop immediatzly. I work in Orange County and have a. contract x riFh the city of Garden Grove for on call maintenance of empty lots. I have experienced this first hand with my ernployees. We could not conduct weed abatement on an empty lot in. the 6TY due to whe vast number of used needles in &L-, bras`:: vre were to remove. I want put my employees in danger. Hund rtdi s of ousai ds of h—ode��iC s�'Pisg� ���e bte . t 11I r!itti`}.'. P -t no cosi-,Nrery Saturday iii =uat of S?yta Ana City Nail so that people, many homeless, can inject Heroin and other illegal drags wn_d then often carelessly leave these used syringes lying around in our pans, libraries, near schools, in our neighborhoods, shopping centers; and along the river trail. 1r E `DC7" Y; � : it rff r 4 i � r ' * 1:,! i li L LL -r `1i:�1' s r1 i^ r are, Y 'qn— are 'r zuhr Me !v et ie E.-? L_-`_ge =ogrc�i } . a,is cJ u berst�_ I _at �� L �L is ?x c 2z __❑ � FSG. i4 absL .c ads .$3, out ? G GssC Majl Jrs,Y c it; -_r have sciztous iuz. y.tLd problems 11) f ail -s to demons�kra=e `e Lehr progrwr, have dec:-eas d ;n HHV nr,4 Hepatitis i:a ���e cou ty and (3) mq—ke no effi i to follow up on refer als to drug rehab procvanns. To add salt to in.juq, proponents of tbe progFa� do not live ire Santa kna and 95% of the letters of support for the program were sent by non-residents vAth no ties to Santa Ana or concern about tbt program's impact in our community. This Iicerts� is set to expire i t% _ and there has been no coahnux�it, ou%rea.ch with regards to impacts to the co ,rr uni y of the CIty's atten P–Ls to shut this program doivm- It is tLrne the this progra; �� re-th nk g=ait -ruetiY.Cdol0� a -n flke-- V. 1-e �wGl thl t We have _ Cffbere2t y pe c' L,-)pu.IeLlon wh c7 may u a. fer-- t approach to avoid re -using and disposing of syringes, I an hopefdi that you will support us is stating your opposition to this nm -wanted program that has caused so much harm to this community. We look forward to your response and support to eliminate the OCNEP from Santa Ana. Sincerely, Sent from my iPhone Valentin, Davfd I.�'�• . - - - _�Y- �6'C�'^���^_'�'�=.y.� `_`_" _mss— _ _ Seat; Friday, ftFoveT ,bu 10, 20-17 7.-07 AM StaEsle&L: PLEASE STI C) T HI ILEkDL E?;CH NlGEr- IIl 0RA14 G E C C) LA qTY .,7i f__'_ _ _ _ _ .�1 o 1i t Rm s� _• IJP Sent: Ivlo day, Nave.-niDe- `i3.2017 Alvll Subecti CC needle Ea:c� �ar,ge Program Officer Valentin, I am a. resident of the Santa Ana corri.-mirdty of Pek Santiago. We are one of the few " pret.tier" nei4tiborhnod.s in Santa. Ana.. I bavc seen first hared, the muse and naisuse of the Needle Exchange Program. For more than a year our commurzt, has been deeply impacted by the abuse and misuse of the l\Teedle Excbanao Program. Hundreds of thousands of hypodermic syringes have been distributed at no cost every Saturday in. fxomt of Santa A a City 14all so that people, many homeless, can. izijact herGin and other Meal drugs aad then often carelessly leave these used syringes lying araond in our ga ks, librades, n—r schools, in our neighborhoods, shoppb!g canters, and along the rivet' trail_ I have a 2 year old sort and i arra nat able to visit our brand raew play ground in Santiago Parlt because I am consta-i ly Ending needles rte+ the sandbox anc' uu,gged tip homeless 3eomlo slaeping on the play equipmentf ! f ia5 L.iC 1'1TftIG .=C=nZ Program (1) CLIw to `'�' .l_GL.SL 4% i...2t the fGj.:+U_ LaL L L�G-'4;.ie' SA F kr iG `i ?]CI si7bsz ric . ad-elicts, but £ E?'c'z.?: i. }Lts i ' of them J ha'1'e7ulo Ls L"i-b_ru-bl 'J�S (21� 1 iG LNtoir progrri{11 have decreased ;n rV �;�-+ eratids in the co! t� En- n a no e 7t to Lao Vi :p 4€I referrals to En - drug rehab progmm. To add hasudt to injury, proponents of the program do not live in Santa Asia and 915% of tc letters tai stippOrt 1'Or the Program? �vtre some by nor -reside; -'ts vdth '.."to res to Sanaa kna. or Coma l abo?!t the im—" ic'. I,k; our cot• —matt . Lis -y 0 - - i7x^t• ^ - fyy wi•'-" �'. �• f.r .. �.-- w�•�_ _} C'i��GJ. �`v__._1:. .. 1_G�r .�� LI' PaG�s tJ t2l- cG! ice:- a�-cernp s to SLu- his I.: is "d—me thai This ro=6_ am their me-thodology auied- ice the t5at we have a diffF• ,iu ty eo? �0€�7 roti �y iih tray, meed a approach to avoid m-z~sina and disposing of syringes. I a1 -n hope c l that yon will support us is stayomr -p-Dosition to yes ti.- - mied _Urogram th'-A has caused so i U IKI� "Ia � i to this C7iZ13EL i j . "7%Te look 1D^?-zzLi to yet r i�S C?]: iu cid S:�y: of 4 u��_T Iic1;L thea Santa Ana.. rr., e'G Sent: h4ionday, ' ! , eri ber 13, 2017 8:1591 A it'Y�'.�L Ta: e caFcifLf-@--c lca.com; `aleSnit n, Davi-2i; T hajero, Sal Subject Please Enid Nee-d:-ee Exchange P -M rtsm, Good morning Chief Valentine, Dr. (-hand#er, and Councifr-lsniber TiAnajero, For more than a year our commurRy has been 6eepaly impe&,ed by the abuse and innisuse of the needle Exchange Program operating a under Rcense From the California department of Public. Health by UCi nn�edicai students. This is a failed sxpe;i!`nerrf that MUS3T stoic immediately. l ugdreds of thousands of hypode€rlic syringes have been distributed at no cost every Saturday in front of Santa�l: �a Cs y F ail so fhaf l eo�le, nary ncless, can inject heroin and other illegal drugs and thele ofteii care;essly leave these used syringes lying around in our parks, libraries, near schools, In our neelahborhoods, shopping centers, and along the river trail. Tc:day r✓r,ng my rnonirrlg walp', in r{y neighborhood i found a needle cn a nei.hbors yard. This ;s ai5o mac.["[garcus fo; --r pets. The CC [-4eec`le Exchange Program, (I ) fails to u :derst fid t sit fT,e pop'l.ation that they w'e se,:Fvirig are not only substance addicts, but a great rrajodiy of than -i have se,Jous mental problems (2) ;ails to demonstrate that their Program have decreased in HIV and lHepatitis in the county and (3) make no effort to foilloi.+V' up on referrals to drug rehab programs. To add insult 4o injury[ pmponems of the [.'��C 1i� Fir [i � 'r.� : h ��,. i an rL�f c;f tI ejers c- �uppclt � he �rogra " a P-�s r. L.y .a r' 1 o t uva e f t v G rl :�•.rr� and C` :' /@ 1 ' i !'a ll.. L:,.. i `may �'! J +-. E'k . Li 4.. ,� �r 4 ! ware i L .: ] (-.or- r'-2,0 '1 o �v.': r, Sr i �c 'f. vaabs! 5 t' -!e �'r Y'�'l G.i il,.�'. irnn G�-L If oil...F iti u� i Li 9 i L a _ C[f ll Irl . !' r'r! .�_ �:. � tt} S j i 1 1t5 anJ 1 ' - {1 V0., Ei J.ut i ty oEr.F Lava 0i[ SSU 6::1 irs k}%�ris� is 5eL �,o v.rpi! � o! F l-✓`r.lr'MlG,1 � � , !�>l � +rt ll �s%��. C iGi� Uv�i I ..i k~ regards tto i ipacts to the community or tie City[s attemP'L's i sh 'L thi's p?rrogram down. It js that this program re-tl si€ k, their methodology and face 1 fe fact i tat late have a different type of population k,vho may need a Merent approach to avoid re -using and disposing of syringes. I am IllopwM fh==.t you will Support us is sta-zli g your opposition. to this urrka.!lLed fOgrarll has caused so ;1 uch 118,ri ii -to this comm un ity. VVe lock fond l rd to your i espo se and. sl.EppaFt to e[iminate 'ri� ... r•e �` l`'turn -ar La I`.na. Respectfully, !une 22, 20 13 Re: Orange County hleedle Exchange Program The Orange County Needle Exchange Program, cthewiise known as OCNEP, is seeking approval at the State Department of Public Health to operate a mobile unit in Anaheim, Orange, Santa Ana, and Costa Mesa gave taken an official stance on opposing this, as well as myself personally. Santa Ana denied their permit because the costs outweigh the benefits. This program does not promote any type of recovery from addiction, if fact when I asked them hoed many people they nave needles to: their response was startling. They claim that only 548 referrals were given out of the 12,000 people they gave needles to. That is unacceptable, the answer should be 12,000. They also say they don't maintain data on these referrals. This is Incredibly irresponsible (see their response below). In fact, the only n cities they are targeting have 3 main things in common: homelessness, undocumented people, and low income/poverty. They are not targeting the cities that have skq�rocketing overdose deaths. I was at the DMV about a month ago and sat ne)a to a la-vger- with the Public Defender's office. She was explaining to me how unsafe OCNEP iti.Ed:e it for people by .he Civic Center stating that used syringes were everywhere up until Santa AIna stopped them from doing business there. She said the difference is like night and day. To alloy OCNEP to do business is giving addicts the tools to kill themselves. With the rise of fentanyl, it is only a rriani e -r of time untll `�� star t seeing more DJ.eaths. I have 10 years Sober so T f ij.Jv understand add -1 tion, and aaat +_I-�? same i[r nea 1. fu4ly Understand rvco'„er�'. O�.t�EP ;s I SOT the answer. Dore l?iograrns to help addicts recover is or responsible need le exchanges that actually help people. There has been an increase in effoi —Ls to promote recovery in Orange County and the 4 cities targeted, which OCNEP has not contributed to. Allowing OCNEP to do business as a mobile unit would negatively affect these efforts. Their own flyer describes exactly what they do, which is distribution, NOT exchange. I have attached the flyer as well as a conversation I personally had with therm on social nriedia. Let one be clear, I am not against needle exchange as a whole, but OCNEP in particular. They have proven to be a detriment to the community. Pulling a van up to a residential area to distribute needles is a danger to our recovery communities, families, individuals, and more importantly the children who run the risk of being exposed to these needles. Please do NOT approve this irresponsible program to go mobile. Thank you, Parent and resident TO wta lin i,vlke vL.ez r.. _.. _= riOG,+ u'.fy rf ldiCrae 2.'zA,-'00 �a ` .�.'e.�` �'�7BRt iseJ lG dent ento et0Q� trreat f c i ra n; e County' 1,<eediw LM.Cua.n4R p r : gz—z m - CrC 6T- !. hat ks for the questi.op Tama! We are an a.nony =us needle exchange, so vie don't maintain data on individual clients' participat_on in services outside of our excharige. We do, however, trach the number of reierral.s ire give out per vTeek, in 2017, more- than 648 referrals to outside services (including treatment, detox_, etc.) were provided to and accepted by exchange clients, h1IIage L�las r 1;-=ra j irae1ezz Orange County Needle Exchange Program. - OCMEP so you only provided referrals to only about 5% of the 12,000 an:= Life . --...---....- . .._..-.�.-�.._---!=. .._., - °-- --. .. ._ _ ....--_-_� Ihci+YSfOrc51'gfiir7tiTQ ire Pro ?+idc re -ri"als to arty aad a,I cheuts that are Lrteresttd in tLem. I Ls is e -°nuns i+Ely Ch u aumnrir_ the i rGae �13140'4d and accepted, al lie. Mso, the 12.000 number represents two }rea_s of operation and is the -umbar or uniquic interactions ve had at the time o; the article's publication, not individual clients, as vc e do not tf'ack rep5zt clients due to our ccnni tment to anonymity- .Y . ir[_.. DCNE - 71ienhow do -yo'``u enforce, your statr;me its about one person can only get up to 200 syringes? Or how often they are coming and receiving the 24 additional synages even if they have none to exchange' This is from your ovdn flyrer- _ _ _ W _ _ - ._� -_ _ . _ , j�Vl�en �4c were operating, we v�ere open os'e r'• -ay _ ,+Qgl_.' rc ro .Cit. -'s, 1-St_450 S'r"r r'�= Ga' a�-}ilc r pC �n per e, -c ,z C na s wee -L, t T- _ ., iy ifl d i,v isr f 1me Wiri_.� tint l am.e. 'Y)re modeled our e3rchaage based on existing harm reduction best practices, recommendations Brox- the California ➢epartmeat of Public Health, and existing successful exchanges throughout the state. We are happy about your interest in our program and would love to ans-wcr mare questions for you. If you would like to continue this conversation in person or over the phone, please message us! From: Ralph Guzmar Subject: Support for SB 68 Cate: Mar 17, 2019 at 4:15:34 AM To. Tamara Jimenez tjin�er�ezC£ lid T����o�.iscsrre trr�er� .carte I am a resident of the city of Anaheim. Recently a needle exchange program was scheduled to be established in my community. I am writing to express my support for SB 689 which simply aims to give local control of needle exchange programs. I believe this is vital to the efficacy of such programs. This bill will allow local municipalities to build wrap around services and an entire continuum of care in conjunction with the needle exchanges. It will allow the municipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed. The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such as schools and after school programs where children are playing. Although needle exchange may be an asset to some, putting the public safety of children at risk is not beneficial. The harm to the many far outweighs the service to the few. Local municipalities should be able to work in collaboration with their service providers and residents to determine how they can best make needle exchanges work within their jurisdiction. Thank you, Raphael Guzman FARILATOW&KOUNW. al Froin- judy morgan Subject: Needle exchange Date: Mar 16, 2419 at 6:49:12 PM To: Tamara Jimenez tjirneriez((i)iigg )thOLIFetreatmeiit.(,oi-n We do not want the needle exchange program in the city of anaheim, we are fighting a high crime rate already, we can't take our familys to our parks we have to put cameras all over our homes, our cars are not safe in our own driveways, packages being delivered to our homes are more often than not stolen. The needle program will only make us more unsafe our children more unsafe our homes more unsafe. We need to be represented as tax payers and we say no to unsafe neighborhoods. Judy Morgan Anaheim Cal. 92895 From: Shane Jones Subject. l support SB 689 Date: Mar 17, 2019 at 6.59=22 AM To: Tamara Jimenez tjimeiiezC@liglithousetreatment.co€-r) To whom it may concern, I am a resident of the city of Anaheim. Recently a needle exchange program was scheduled to be established in my community. I am writing to express my support for SB 689 which simply aims to give local control of needle exchange programs. I believe this is vital to the efficacy of such programs. 'Phis bill will allow local municipalities to build wrap around services and an entire continuum of care in conjunction with the needle exchanges. It will allow the municipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed_ The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such ass schools and after school programs where children are playing. Although needle exchange may be an asset to some, putting the public safety of children at risk is not beneficial. The harm to the many far outweighs the service to the few. Local municipalities should be able to work in collaboration with their service providers and residents to determine how they can best make needle exchanges work within their jurisdiction. Thank you, Shane Jones Anaheim, CA. 92805 From: Barbara Pfister Subject: Needie Program Date: Mar 16, 2019 at 10:52:43 PM To: Tamara Jimenez tjimenez@IighthOLIsetreatment.com I completely support your stand in regard to needle distribution. I am personally very much against this idea particularly as it has been represented in the past. Making things more difficult for people to get drugs is what is going to help them not to make it simpler and more convenient. Barbara Pfister text -0 (2) (1) Dear congressman Correa: we really need your immediate attention and help regarding the oC needle exchange. T am extremely close and there is a school GOALS academy extremely close, which puts many children in physical danger of getting infected by a needle or gettingg infected by a person under the influence and attacking the children, school staff, faMilies or by simply stepping on it. I currently live here and for the past 2 months an increase of people have been walking via the alley behind lemon st under the influence of some kind of drug. They are physically taking of their clothes and also using this alley as an open public restroom. Unfortunately my daughters have seen this and it has put us in danger. worst, these people are screaming and come close to you as if they will hurt us. I have had to run in the house a few occasions and yell at the girls to go inside and lick the doors for their safety. I have found needles in my back yard and on top of this I am finding now bags of full of, for sure, human fecal matter. This is including the alley. It smells bad now. I did notify the police but that was unsuccessful. The city is not doing routine checks to clean up, drugs, pills, and needles left behind. no one from the city is picking up this health risk trash in my back yard. This is a great -discourage. I came back to live here in my home town and girls attend a great school, GGALs academy. My girls have benefited from this school and have grown so much but it is not safe for my girls and this is one of the reasons I need to leave again. This has gone to far. The other issue is the liquor store on corner of Lemon and North, I feel they are providing the drugs and the city the needles. Please call me and if I am unable to answer leave a message and I'll call back Thank you for listening and please help get rid of this problem. Be] i nda Igl esi as Page 1 311112019 Needle Exchange Program Nancy Holloway Thu 3/7/2019 4:45 PM To -Tamara Jimenez {tjimenez a@iighthousetreatment.com>; Re: SB 689-Moorlach To: Whom it may concern Mail - tjimenez a@lighthousetreatment.com I am a resident of the city of Anaheim, Recently a needle exchange program was scheduled to be established in hey conuDunity. 1 an -t writitag to express my support for SB 689 which simply alms to give local coDtrol of needle exchange programs. l believe this is vital to the efficacy of such programs. This bill will allow local municipalities to build wrap around services and an entire continuum of care in conjunction with the Needle exchanges. It will allow the municipalities to set aside fimcling for treatment programs for addiction, mental health services, disease prevention, education and Many other resources that are so desperately heeded. The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such as schools and after school programs where children are playing. Although needle exchange may be an asset to some, putting the public safety of children at risk is not beneficial. The harm to the many far outweighs the service to the few_ Local MLill icipalities should be able to work in collaboration with their service prof+iders and residents to determine hmv ill.ey can best make needle exchanges work within their.�urisdiction. Thank you, Nancy Holloway Anaheim, Ca.,92801 Nancy Holloway Regeneration Property Group Cell CalBRE#01015400 Virus -'tree. wy%l ayast.com httos:lloutlook.ofce.com/owal?realm=lighthousetreatmentcom&exsvuri=1 &11 -cc= l D33&modurl= 9 &oath=lmaillsearch 1l1 3111/2019 SB 689 Keith Olesen Fri 3'/812019 9-a9 AtJ Io -Tamara Jimenez <tjimenez@lighthousetreatment_com>; Mail - tjimenez@lighthousetreatment.cam Tamara --please accept this email in support of 58 689 and include it in your efforts to support this important bill. Thanks Keith Olesen RMONTOW :• 3/8/2039 I am a 33 -year resident of the city of Anaheim. Recently a needle exchange program was scheduled to be established in my community. As proposed this program would have had disastrous effects on my neighborhood and my community. Programs like these, as well intentioned as they may be, have an extremely harmful and long- iasting negative impact when implemented without local input and control. i am writing to express my support for SB 689 which simply aims to give local control of needle exchange programs. l believe this is vital to the efficacy of such programs. This bill will allow local municipalities to build wrap around services and an entire continuum of care in conjunction with the needle exchanges. it will allow the municipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed. The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality heeds, what the demographics are, where things are located, such as schools and after school programs where children are playing. Although needle exchange may be an asset to some, putting the public safety of children at risk is not beneficial. The harm to the many far outweighs the service to the few. Local municipaiities should be able to work in collaboration with service providers and residents to determine how they can best make needle exchanges work within their jurisdiction. Please accept this email as my statement of support for SB 689 Thank you, Keith Olesen Anaheim, CA 92805 https=floullook.office.comlowat?realm=lighthousetreatfnent_com&exsvurl=l &ll-cc=1033&modurl=l &path=lrrrailtsearch ill 311112019 SB 689 Itorgerson Fri 3/8/2019 10:41 AM To: Tamara Jimenez<tjimenez@ lighthousetreatment.com >; Hi Tamara, Mail - gimenea@lighthousetreatment.com First of all, thank you for your efforts in opposing needle exchange in Anaheim! I, too, am a resident of the city of Anaheim, and have been for over 40 years. As you know, a needle exchange program was scheduled to be established here in Anaheim. 1 am writing to express my support for SB 689 which simply aims to give local control of needle exchange programs. 1 believe this is vital to the efficacy of such programs. The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such as schools and after school programs where children are playing. Although needle exchange may be an asset to some, it is not worth putting the public safety of children at risk. The harm to the many far outweighs the service to the few. I am opposed to any needle exchange program in Anaheim, and applaud John Moorlach's efforts to bring this issue back under local control. Thank you, Dinah Torgerson httpsJloutlook.otfrce.comlowal? real m=l ighthousetreatment.com&exsvur)=1 &11 -cc= 1 033&mod ud= 1 &path=!mall/sea rch 'ill 3111=19 SB 689- Moo lath Judith Olesen Fri 3/8/2019 3:34 PM To -Tamara Jimenez <tjimenez@lighthousetreatment.com?; Mail - tiimenez@lighthousetreatment.cam I am a resident of the city of Anaheim. Recently a needle exchange program was scheduled to be established in my community. l am writing to express my support for SS 689 which simply aims to give local control of needle exchange programs. I believe this is vital to the efficacy of such programs. The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality needs, ghat the demographics axe, where things are located, such as schools and after school programs where children are playing. Although needle exchange may be an asset to some, putting the public safety of children at risk is not beneficial. The harm to the many far outweighs the seMce to the few. Local municipalities should be able to work in collaboration i4rith their service providers and residents to determine how they can best make needle exchanges work within their jurisdiction. Thank you, Judith Olesen Anaheim CA 928o5 httns;lloutlank_office.camlowal?realm =limhthousetreatment.cam&exswur1=1811-cc 1033&modur1=I&path=lmaiilsearch 111 3111120'19 SB 689 Marsha Cook Fri 3/812019 3:14 PM iD Tamara Jimenez <tjimenez@lighthc)usetreatment.cori>; Mail - i imenez@_Iighthousetreatment.com I aan: a resident of the city of Anaheim. Recently a needle exchange program l':as scheciNled be established in , _ cornrrun iy• 1 al ,rill.^;o ccs r!ly su ppori '-j- SB 689 1Chich simpl', arms to oi.'e local comrc•I of needle exchancte prog,rams. I believe Ii is : i? `_n he e "i ry of rid This bill %!,'ill a C'A' local r' uniCil]dlIi1ES io build v,rap ardUn-d seir- ces nd all el:ii+'= :cnlinuum df carE .7i tl7e j,Qej[e the M.unicidvlliles to se, aside f ding Ior treair,_i-I p.-,nq,rim. s �C.'a_i:l= Jori. rl'enta! hea;ir Servi eS. d seas' ""re :ii r). aduca:icn and many o -her resources tha; are so despe*'e!>- need _a currently re0de d_les ?'ec! yeaclne"Mre r i �?eJs .:` c �en10?ra�hi`s 3 2 E'd7?rF :Iii; l car= Iv c u ? f=' ._- c" _ g rolcd, sJC'1 _ �.�o:7•'anis i':h..�d �La"=:" 3r?;,;aj',^Y. �;idldJYh i.vh5 the https:Iloutlook.off ce-com/owal?realm=lighftusetreaLment.com&exsvur€=1 &11-cc=1033&modurl= i &path=lmaillsearch 911 3/1112019 Mail - tjimenez@lighthousetrea[ment.com Re: Letter of Support for SB 689-Moorlach Maria Cover Fri 3(812019 9:00 PM To: Tamara Jimenez {tjimenez@Ii9hthousetreatment.corn >; To. Whom it may concern I am a long time resident of the city of Anaheim. Recently a needle exchange program was scheduled to be established in my community. The State Department cUrrently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such as schools and after school programs where chi€dren are playing, putting them at risk. Local municipalities should be able to work in collaboration with their local service providers and residents to determine how they can best make needle exchanges work within their jurisdiction. € am writing to express my support for SB 689 which simply aims to give local control of needle exchange programs. 1 believe this is vital to the efficacy of such programs. This bill will allow loca I municipalities to build wrap around services and an entire continuum of care in conjunction with the needle exchanges. It will allow the municipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed. Thank you, M. Cover, Anaheim 92801 https:lloutlook.omice.comlowanrealm=lighthousetreatment.cam&exsvurl=1 &f I-cc=1033&modurl=l &path=/maiVsearch 1!1 Paul and Gisela Contreras Santa Ana. CA g2705 March 11, 2019 RE: Needle Exchange Programs in Orange County Cities and/or Santa Ana To whom it may concern, My name is Gisela Contreras and I am a 40 year resident of the city of Santa Ana. I am writing this letter to pray and strongly urge you to approve 56589 which will give our cities local control over the hazardous and lethal needle exchange programs. As a life-long resident of Santa Ana and a parent of three children, 1 am against the needle exchange program because of the hazardous needles that are left in our parks and public spaces. The individuals using the needles have no concern over our safety and it's not fair that the organizations passing out the needles are not responsible for picking up the hazardous waste left behind by the users. Since my childhood growing up in Santa Ana I have always been exposed to dirty needles at parks and now that I am a mother the problem has gotten worse due to the needle exchange programs passing out hundreds/thousands of needles in our cities. I Our children and us residents are left with the trash and the potential of being pricked by dirty needles and possibility to contract a deadly disease such as hepatitis, HIV or other blood born illnesses. We deserve a safer clean and healthy space to enjoy. It has been a mess for years and finally Santa Ana did not provide a permit for the needle exchange programs to continue operations and the hazardous trash has improved. I worry if the exchange prograrns are allowed to continue the hazardous situation will be again a problem to deal with in our city. Our cities should have the right to allow and permit these programs and they should not be forced on us by the state. Please consider approving 56689 for the safety of our children, which are our future and for a safe, healthy environment for all residents. Why should drug users have more rights than the tax paying residents who are contributing to society working hard each day to live a healthy life. We are hostage and not allowed to visit our city parks and public spaces due to fear of exposure to disgusting dirty needles. It's a horrible way to live. Thank you for listening. Ile 6wAe�7a - Aug@. ic, SaPamm, Sam, C�aaa aad o= doh Swna:, 7 lm acrd+! March 21, 2019 Re: SB 589-Moorlach To: Whom it may concern: I am a resident of the city of Anaheim. Recently a needle exchange program was scheduled to be established in my community. I am writing to express my support for SB 689 which simply aims to give local control of needle exchange programs. I believe this is vital to the efficacy of such programs. This bill will allow local municipalities to build wrap-around services and an entire continuum of care in conjunction with the needle exchanges. It will allow the municipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed. The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such as schools and after school programs where children are playing. Although needle exchange may be an asset to some, putting the public safety of children at risk is not beneficial. The harm to the many far outweighs the service to the few. Local municipalities should be able to work in collaboration with their service providers and residents to determine how they can best make needle exchanges work within their jurisdiction. Thank you, Judy Villegas From: Bob Johnson �,'uhject- SB 689 Moorlach Dat -e. Mar 21, 2019 at 4:58:10 PM To: Tamara Jimenez Whom it may concern I am a resident of the city of Anaheim. Recently a needle exchange program was scheduled to be established in my community. I am writing to express my support for SB 589 which simply aims to give local control of needle exchange programs. I believe this is vital to the efficacy of such programs. This bill will allow local municipalities to build wrap around services and an entire continuum of care in conjunction with the needle exchanges. It will allow the municipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed_ The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such as schools and after school programs where children are playing. Although needle exchange may be an asset to some, putting the public safety of children at risk is not beneficial. The harm to the many far outweighs the service to the few. Local municipalities should be able to work in collaboration with their service providers and residents to determine how they can best make needle exchanges work within their jurisdiction. Thank you, Bob .Johnson Anaheim, CA 92806 Fro;n: n: Bill and Christie Runion Subject: Re: SB 689-Moorlach ]ate: Mar 21, 2019 at 5:17:05 PM To. Tamara Jimenez To: Whom it may concern I am a resident of the city of Anaheim. Recently a needle exchange program was scheduled to be established in my community. I am writing to express my support for SB 689 which simply aims to give local control of needle exchange programs. I believe this is vital to the efficacy of such programs. This bill will allow local municipalities to build wrap around services and an entire continuum of care in conjunction with the needic exchanges. It will allow the municipalities to set aside funding far treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed. The State Department currently controlling needle exchanges does not: have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such as schools and after school programs where children are playing. Although needle exchange may be an asset to some, putting the public safety of children at risk is not beneficial. The harm to the many far outweighs the service to the few. Local municipalities should be able to work in collaboration with their service providers and residents to determine how they can best make needle exchanges work within their jurisdiction. Thank you, Bill & Christie Runion Anaheim, CA 92806 3/1112©19 SB 689 Lugo, Miliy Mon 3/11/2019 2:54 PM ro.Famara Jimenezetjmenez@lighthousetreatment.com>; Re: SB 689 3/8/2019 Mail - tjimenez@liglithousetreatment.com I am a librarian at the Santa Ana Public Library in Santa Arta, CA. From. 2016 to 2018 a Needle Exchange Program operated weekly in the Civic Center Plaza where the library is located. Recently a needle excbange prograrn was scheduled to be established again in Santa Ana (where I work) and in ©range (where I live). I have witnessed that, as proposed, this program had disastrous effects at the library and on the corm-nunity. Programs like these, as well intentioned as they may be, have an extremely harinfnl and long-lasting negative impact when implemented without local input and control_ I am writing to express my support for SB 689 which simply aims to give local control of needle exchange programs- l believe this is vital to the efficacy of such programs. This bill will allow local municipalities to build wrap around services and an entire continuum of care in conjunction with the needle exchanges_ It will allow the municipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed. The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such as schools and after school programs where children are playing. Although needle exchange may be an asset to some, gutting the public safety of children at risk is not beneficial. The harm to the many far outweighs the service to the few. Local municipalities should be able to work in collaboration with service providers and residents to determine how they can best make needle exchanges work within. their Jurisdiction. Please accept this email as my statement of support for SB 689 Thank you, Milly C. Lugo -Rios Sr. Librarian Santa Ana Public Library Tel: 714-647-5271 E-mail: n lu Rn_(tsanta -a ma. o rR<mal Ito -MW g Ci.m ta-aw_.rlr��7 httpsJ/outlook.office.com/owanrealm=lighthousetreatmenLcam&exsvurl-1 &Alec=1433&modurl=1 &path4maillinbox 111 Ibarra, Teresa Re : SB 689 Mar 14, 2019 at 9:26=57 AM Tamara Jimenez - Re: SB 689 I am an employee at lire SantaArra Public Library and a resident ofSrintaAny Franc ZOI6 to of SrI Jee�lle x diange Prog pe,reed weekly_r't Lim Civic Center Pl�r. xa where the library is located. Recently a needle each rUge.gram as . c ieded t be t l' reel again in ,Santa Ana where I work and litiye. I have witnessed that, as I}roposed, this program had disastrous effects on my neighborhood and my eonzmunit Programs like there, cis well intentioned cis they may be, have an extremely ha, mf d and long-lasting negalivc impact when implemented without local input and control. I ant writing to express tray support. for SB 6139 which simple aims to give local control of needle exchange programs. I believe this is vital to the efficaej, ofsuch programs. This hill will allow local municipalities to build wrap around services and an entire continuum of care in conjunction with the needle exchanges. It will allow the municipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and manly other resources that arse so desperately needed. The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such as schools and after school programs where children are playing: Although needle exchange may he an asset to some, putting the public safe4, aj'children at risk is not beneficial. The harm to the many far outweighs the service to the few. Local municipalities .should be able to work in collaboration with service providers and residents to determine how they can best mike needle exchanges work within their jurisdiction. Please accept this email as my statement of support for FSB 689 Thank you, Terri ibarra I Bibliographic Technician Santa Ana, CA 92703 Newport -Mesa BOARD OF EDUCATIDN Dana Black - Walt Davenport - Martha Fluor U n i i I e.moi School DiS :-:,; Judy Franca - Charlene Metoyer Vicki Snell - Karen Yelsey April 25, 2018 Via electronic mail Mr. Torn Hatch, City Manager City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 tom . h a tc hcocost a mes ac a . P_ov Re: Concern about Mobile Needle Exchange Program in Costa Mesa Dear Mr. Hatch, I first want to thank you for the great partnership that our school district has with the City of Costa Mesa, which is why I am comfortable and confident in bringing this safety concern to your attention. Through an Ora --- e County Reoister on April 25, our district became aware about the Orange County Needle Exchange Program applying to the California Department of Public Health to run a mobile needle exchange in Costa Mesa. According to the news article the mobile needle exchange wilt be located near Monrovia Avenue and 18" Street, and be open from 10 a.m. and 5 p.m. Newport -Mesa Unified School District has an elementary school located just north of this area, on 18`h Street and Whittier Avenue. We have extremely high concerns about the proximity of this operation near any of our schools, and especially during school hours. The news article states that "if the state approves the Orange County Needle Exchange Program's mobile service proposal, organizers would still have to get local permits and follow city business and zoning rules..." We strongly urge the City of Costa Mesa to deny any permits that place the safety of our students' at risk. Should you have any questions, please contact me at 714-904-12.53 or vsnellr;Vnmrjsd.us Sincerely, .� . .. •s i, J Y . Y�'fu rf U Vicki Snell President, NMUSD Board of Education cc: California Dept. of Public health 1 SEPApplication C}cdph. ca. gov - Public Comments Submission Regarding Orange County Needle Exchange Placement in Costa Mesa Mr. Tony Dodero, Public Information Officer, City of Costa Mesa 2985 herr Street - Costo Mesa - California 92626 - (714) 424-5004 t , _ GOALS ACADEMY 'e TK -611 Grade, Free, Public Charter School y„ 412 W. Carl Karcher Way, Anaheim, CA 92801 '" ►°` (714) 563-2390 NAW A School Families Lover December 3, 2018 Dear Congressman Correa: I am the Founding Director of GOALS Academy, a small, nonprofit charter school in the midst of Central Anaheim. We serve 240 scholars in Grades TK through 6=1. Our school is just north of La Palma Park, which has along history as a gathering place for homeless people. While I have a heart for those who are struggling on the streets, I have observed that many of the homeless people in our area are addicted to drugs andlor emotionally unstable. They are definitely service resistant. And, as a school, we are besieged by the refuse that comes from those who are living on the streets, including urination and defecation, condoms, used needles, and other unsavory items. This is in addition to the erratic behaviors, thefts, and observable drug use of the homeless people who surround our school on all sides. Those who are homeless advocates seem to have false compassion. Whereas some believe that the homeless should have the choice to be homeless, I feel we are permitting them to commit a slow form of suicide. This is not how human beings should permit other human beings to exist. The latest farm of false compassion involves a poorly conceived needle exchange program. I attended a meeting conducted by the Orange County Needle Exchange Program (OCNEP) at the Downtown Anaheim Community Center on Thursday, August 23, 2018. The attendance was strong, and the message was clear. There is a strong sentiment from the local citizens that this program is not the right model. It is beyond a "not in my backyard" mentality. This model does not belong in anyone's backyard or front yard. Exchanging 0 or 1 used needle for 20 new needles is a recipe for disaster. And, as you know, up to 200 needles may be given to an individual at one time. Regardless of what the vision or philosophy is, that means there will be more used needles in the areas around the school. And, we have already had one incident where a kindergartner picked up a used needle on the playground that was tossed over the fence. It has been my observation that those who are addicted to drugs do not necessarily place their used needles into the appropriate receptacles. There was also no clearly defined plan to ensure that the areas surrounding the OCNEP would be provided with additional support to keep the areas clean of debris. On the contrary, the program is more likely to draw even more homeless people addicted to drugs into the area, thus compounding the current abhorrent conditions. The cycle of the degradation of a degraded area will continue. The mobile OCNEP is slated to be located just west of our school, GOALS Academy. There is also the GOALS Program serving a large number of youths in after-school programming, My Day Counts (a program for developmentally challenged adults), and two other elementary schools in the vicinity. The conditions at La Palma Park will worsen, making an impoverished area in Anaheim even poorer. I am sure people are sharing similar observations about the designated areas in Santa Ana, Orange, and Costa Mesa. Bottom line, there has to be a better program than providing the tools of self-destruction to an already beleaguered group of homeless people.. Why not establish a model of wrap-around services with the exchange of needles? And, why provide a mobile program such as this that causes the children and families in a challenged area to face even more challenges? If you would like to meet with parents from GOALS Academy, I am sure they will be willing to express their viewpoints to you. The general message will be "enough is enough." We need your advocacy, Congressman Correa, to ensure. Central Anaheim and La Palma Park are on the road to improvement rather than annihilation. But, from an unselfish perspective, a poorly conceived program should not be supported in any location. Sincerely, Debra J. Schroeder, Ed.D. Founding Director March 13, 2419 RE: SB 689-MOORLACH To: Wham it may concern The intention of this letter is to inform you of our support for SB 689-Moorlach. It is vital to our communities that the control over needle exchange be at the local level. Only the cities and residents have intimate knowledge of the needs of their communities. The state has made it clear that they are not knowledgeable with Orange County communities as it has approved a mobile needle exchange to operate within the vicinity of elementary schools and during the hours children are walking home_ Each municipality has law enforcement, homeless outreach workers, social warkers, etc. that they deploy everyday to combat the daily issues in the communities. SB 689 aims to give local control over needle exchange programs, not to drive there out, but to better collaborate with providers in areas of prevention and education. This will allow the local municipalities to divert funding into resources needed surrounding needle exchanges. It will allow the needle exchanges to operate as safely as passible and in the most appropriate location. At a time in our country when over 70,000 people are dying per year due to drug overdoses and when the 41 cause of death in people under 54 is the same, this is something that should not be taken lightly. We have to remember that all the studies done on needle exchange were PRE - FENTANYL days. As a treatment center who has been around for a couple decades, we support this bill. We are losing close to 240 people a day to the Opioid crisis. The answer is recovery resources. Complete abstinence is needed to live a productive life_ The term "harm reduction" is widely misused. You cannot just use a little heroin here and there. Addiction is a CHRONIC, PROGRESSIVE, and FATAL disease. The only way to arrest it is with complete abstinence. We understand the purpose of needle exchange is supposed to be to decrease the spread of disease. But when you don't have local control over these programs they can become a disaster and a serious threat to public health. Please support this bill so that the local municipalities can work directly to fund education, prevention, and resources in conjunction with the most safe and efficient way to operate the needle exchanges. Sincerely, r%d ,!- Taniara Jin-ienez Community ,Relations Manager 1320 W Pearl scree[ • A.naheim, CA 92801 • Phone: ■ Fax_ (714) 844-2068 'Re�couer Collaboration*bs MD Re: SB 689-Moorlach To: Whom it may concern The Orange County Recovery Collaboration focuses on providing prevention, education, resources and services in regards to addiction. We are writing to express our support for SB 689 which simply aims to give local control of needle exchange programs. We believe this is vital to the efficacy of such programs. This bill will allow local municipalities to build wrap around services and an entire continuum of care in conjunction with the needle exchanges. it will allow the imunicipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed. The State Department currently controlling needle exchanges sloes not have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such as schools and after school programs where children are playing. Although needle exchange may be an asset to an area, putting the public safety of children at risk is not beneficial. Local municipalities should be able to work- in collaboration with their service providers and residents to determine how they can best make needle exchanges work within their Jurisdiction. Thank you, The Members of the Orange County Recovery Collaboration i indstone Add icdon Centers, Inc. 1310 West Fears 5zreec Anaheim, CA 42807 Phone: 714-780-1174 Fax- 714-7801- f 124 June 24, 2018 Re. Orange County Needle Exchange Program (OCNEP) As a long standing treatment center we agree completely with what the City of Anaheim has stated, (paraphrased) "The Orange County Needle Exchange Program- (OCNEP) is proposing a moble program that will operate in four different cities within Orange County throughout the week to provide access to needles and the disposal of used syringes to address public health concerns, including infectious diseases. OCNEP was distributing over 20,000 used syringes per week, and most recently lost their pemait in the City of Santa Ana due to the impacts of used sjyrFnges on pubhe property, witth tens of thousands ofneedles that t,,yere discarded throughout ffie city, in addition to unintended consequences, including debris in the library. The City of Santa Ana found the Program did NOT reduce the transmission of blood borne diseases associated with hypodermic needle drug use, rather, it appeared to increase the problem, in addition to increasing hypode'='c needle waste. We have never received a referral, nor has any other treatment facility we have spoken v+yith, from. OCNIEP for dt"ox or t eatmen.t for substance abuse. b4ore importantly to note, the locations proposed by OCNEP are too close to treatment centers and sober livings that are promoting abstinence and recovery. We believe by allowing them to go mobile, it will put these patients and sober living residents at a much higher risk. We have partnered with the City of Anaheim through Drug Free Anaheim which provides resources for drug addiction and recognizes the irnporta ec of responsible drug rehabilitation. Drug Free Anaheim offers an alternative to criminal prosecution to those suffering from substance abuse and who demonstrate the desire to change their lives by connecting them with appropriate treatment options. Windstone Addiction Centers opposes the proposal for the Orange County Needle Exchange Prograin to operate in the City Cif -II naheIM, Orange. Sa-iata Ana, and I.-C}sta 11Ilesa as : v dist-f-i-",T1t.on �I needles raises public health concerns and aLtracts cr;.r,�al behavior at city parks, "-Ci1_ities and throughout the City. 5pecifrcally, the a ea,;y SMO in iT 014 locadc•as 1hi�e1C syrlrigGs .are provided are adversely impact-od by inc- Cast'a �nl use, increased crime, the discarding of bath used and unwed syringes and overall degradation in c ualit.y of life for residents, visitors and businesses. In closing, we absolutely oppose OCNIEP's application to go mobile. Please nate, we are not opposed to needle exchange as a whole, but 'Ns particular program- has been irrespousib'_e, ineffective, and has caused more harm to the community than good. 'shark you, Winds -Lone Addiction Centers, lac. r .. June 24, 2018 Re: Orange County Needle Exchange Program (OCNEP) As a long standing treatment center we agree completely with what the City of Anaheim has stated, (paraphrased) "The Orange County Needle Exchange Program (OCNEP) is proposing a mobile program that will operate in, four different cities within Orange County throughout the week to provide access to needles and the disposal of used syringes to address public health concerns, including infectious diseases. OCNEP was distributing over 20,000 used syringes per week, and most recently lost their permit in the City of Santa Ana due to the impacts of used syringes on public property, with tens of thousands of needles that were discarded throughout the city, in addition to unintended consequences, including debris in the library. The City of Santa Ana found the Program did NOT reduce the transmission of blood borne diseases associated with hypodemaic needle drug use, rather, it appeared to increase the problem, in addition to increasing hypodermic needle waste. We have never received a referral, nor has any other treatment facility we have spoken with, from OCNEP for detox or treatment for substance abuse. More importantly to note, the locations proposed by OCNEP are too close to treatment centers and sober livings that are promoting abstinence and recovery. We believe by allowing them to go mobile, it will put these patients and sober living residents at a much higher risk. We have partnered with the City of Anaheim through Drug Free Anaheim which provides resources for drug addiction and recognizes the importance of responsible drug rehabilitation. Drug Free Anaheim offers an alternative to criminal prosecution to those suffering fi-om substance abuse and who demonstrate the desire to change their lives by connecting them with appropriate treatment options. Anaheim Lighthouse opposes the proposal for the Orange County Needle Exchange Program to operate in the City of Anaheim, Orange, Santa Ana, and Costa Mesa as the distribution of needles raises public health concerns and attracts criminal behavior at city parrs, facilities and throughout the City. Specifically, the areas surrounding the locations where syringes are provided are adversely impacted by increased drug use, increased cringe, the discarding of both used and unused syringes and overall degradation in quality of life for residents, visitors and businesses. In closing, we absolutely oppose OCN1P's application to go mobile_ Please note, we are not opposed to needle exchange as a whole, but this particular program which has been irresponsible, ineffective, and has caused more harm to the community than good. If you have any questions or concerns you may contact me directly at Thank You, Community Relations Manager 1320 W Pearl Street ■ Anaheim, CA 92801 Recouery collaboration �'s . Re: Orange County Needle Exchange Program To; Whore it may concern The Orange County Recovery Collaboration focuses on providing prevention, education, resources and services in regards to addiction. The Orange County Needle Exchange Program (OCNEP) has made absolutely no attempt to jom us on any level. We cannot afford as a community to have this program go mobile. The areas proposed are, in some cases, right in the heart of residential areas and extremely close to city parrs. To go mobile in these locations puts the community at great public health risk. We are writing to e:rpress our opposition to OCNEP being given a permit to go mobile in the cities of Anaheim, Orange, Costa Mesa, and Santa Ana. OCNEP has no data to support that they have contributed to any of the claims they snake. What they have admitted to is that they do riot keep data, do not keep track of repeat clients, and distribute up to 200 needles per week, per person, and do not have to have any needles to exchange. Mind you they were only open for a few hours Y day per week. The city of Santa Ana rejected their most recent permit but offered criteria under which they could open ate. OCNEP refused to meet the criteria, and instead has come to you at the State level to circumvent local municipalities. Their presence in the cities and sites proposed will only further act to put the public in danger of the results of their irresponsibility. Let us snake something clear, we are not against needle exchanges all together -it is this particular program which has proves: to cause more risks and harm than 'help. We have spoken with most of the substance abuse providers in Orange County and have not come across any so far that received any referrals or patients from OCNEP" We ask you to oppose their permit to go mobile. Thank you, The Members of the Orange County Recovery Collaboration From: Benita Gagne To: Public Comment Subject: From Benita Gagne - I do not want a Syringe Exchange Program in Anaheim Gate; Monday, July 13, 2024 6:20:51 PM As we have noticed with our homeless Population, build a shelter and they will come. The same is highly likely to occur if we provide Free public services to addicts. Also, 1 am a diabetic, currently obtaining my 3.4 syringes a day through my health insurance. Would I, and every other diabetic be allowed to exchange used syringes? Also, we arc already in a budget crunch, with no end in sight. This will cost us no matter who pays for the program. Please vote against such an exchange program_ Benita Gagne 30+ year resident From: Bob Johnson To: Public Comment Subject: Item 22 - To Ban Gate: Tuesday, July 14, 2020 12:58:33 PM I urge our Councilpersons and Mayor to please pass an ordinance to ban any future Needle Exchange Prograrn within our city. Bob Johnson From: KATHY CHANCE To: Public Cammgnt; Loretta Day Subject: Item 22: 7/14/2020 Syringe Exchange Program in the city of Anaheim Gate: Tuesday, July 14, 2020 12:10:54 PM Item 22. W14/2020 Anahciln City Council agenda PLEASE ENTER INTO THE RECORD: I am in FAVOR of PROHIBITING ANY type of a needle exchange Program from operating in the city of Anaheim. I am AGAINST ANY type of program to regulate syringe -exchange in the city of Anaheim. Kathy Chalice From: Janet Potter To: Publp� Comment Subject: Prohibit Needle Exchange Programsl Gate- Monday, July 13, 2020 7:04:2$ PM Dear Mayor Sidhu and Anaheim City Council Members, Please consider prohibiting any needle exchange program from operating in the city of Anaheim! We have enough problems as it is. I do not want city resources spent on promoting illegal drug use. Respectfully, Janet Potter Anaheim, CA 92804 From: Pat Q To: Public Comment Cc: [Denise Barnes; Jose Morn Subject: Comments for July 14 meeting Date: Tuesday, July 14, 2020 12:18:01 PM To members of the City Council It is infuriating and probably illegal to not be given access to the meeting room with our voices or even have our words shared. The Governor's Executive Orders related to the Brown Act were not meant to cutoff public participation. You could set public access up so easily with the technology at hand. But that would also mean you would need to be visible/accessible to those of us watching/ attending. You continue to make decisions through the most narrow Iens that comes fi-om the current majority of this conservative Council. That will change! Unfortunately you are further damaging our City while we wait to vote most of you out! These are my comments for the following items: Agenda Item 20 While obligated by law to make this change in the Anaheim Municipal Code to reflect recent improvements to the State Density Bonus Law, I do hope you will apply it to truly facilitate the development of low and very low affordable housing development. In years past while members of the Council have been aware of need for low and very low income housing little has been done to do so. Our city dues not take the RHNA numbers seriously. We do not need more moderate housing while doing nothing for the most needed categories. If ever going to reach our housing ,goals, every current and future building project approved in Anaheim must include these truly affordable units NOT a buyout that amounts to no units. A mere drop in the profit margin. Building units elsewhere is not acceptable. Your giveaways continue to harm our community. Item 22 - Needle Exchange -- Science supports the need for a harm reduction program. Anaheim has reacted from a place of fear and judgement. Alliances have been odd to watch. It concerns me to see some objections come from those benefiting from no program. Build a program that works. Gives all safety and serves the community need which is primarily in those housed - not those on the street as you often play that narrative. Item 23 — COVID response Anaheim is once again behind and as a result people are dying or suffering resulting lifelong chronic health problems. The Coronavirus is out of control throughout Orange County with Anaheim in the lead, thanks to your ill-informed and dangerous lack of leadership. Watching the Board of Supervisors meeting this morning and seeing the Mayor take credit for doing anything right was nauseating. He did not move the testing set up forward in any timely way. Using the word "quicker" several times did not make that true. The mayor- continues to use "my" to describe various departments and services. You do not have ownership though the way you have set up the decision making structure and agendizing items to show how you are trying to "own" our city. And you opened Downtown Disney and failed to enact a mask requirement. None of this is to protect the most vulnerable. Obvious pandering to your donors and minions. We finally see you in masks as the Governor graciously calls you out on the need to "comply" for the funds to continue to flow. County funds as well. Had you adopted a more science based approach to masks, distancing and closures, we would not be the standout community in this deadly pandemic. Not supporting Dr Moreno's proposals adds to your failure. People are sick, many with resulting long term health concerns, while more are dying. Whatever you do now will be key to the toll our citizens continue to experience. Surely you have people who tell you the truth in your role. If not — shame on you. If you do - please listen. Your life may depend on it — but wait you can get access to tests and top drawer healthcare. The rest of our city residents — NOT so lucky. Testing needs to be as available to all as we know asymptomatic folx do pass it on. Will be listening tonite for more examples of your narrow thinking by the majority members. Pat Davis District 1 Pat Davis Sent from my phone. Please excuse brevity and typos. From: William Camarao To: Public Comment Subject: Items: 3, 4, 12, 13, 22 Gate: Tuesday, July 14, 2020 12:58:52 PM To all City Council your on these times, we are watching you we will take these protest to your front yard, and that's when you will call the cops to come and save you because you will be scared of Black and brown people and call us criminals. Item 3,4: Again during a pandemic putting more money into APD the killer cops and pigs, while ignoring the communities of color you serve, we will vote you down in the upcoming election. If ya'11 give so much money to the cops and still can't get this meeting on zoom with public comment, because we know you are not reading our emails, because they are hurting your feelings while our people keep dying. Item 12, 22: Give better programs to houseless folks, and by limiting and excluding syringe programs in Anaheim is outright inhumane, ya'll don't have shit to worry about when you are in your fancy -ass houses. While again our people bare the burden of the policies all of you push through city council. Item 13: This definitely shows what side you are, you haven't digitized the city records and we demand you make them public, including all the documents on police abuses the dumb APD has committed, again we will come to your houses and demand you to listen! "P'a'll think this is a game? Mayor Siduh you incompetence is a slap in the face to everyone in this city and every single puppet you have with you in the council, especially the racist ass Trevor Uneill we see you and we will not forget everything you have done! You owe it to the families that have suffered through the abuses of APD!! Ya'll can flick oftl ! ! l William Camargo Claudio Visual Artist/Educator/Organizer/Arts Advocate Commissioner of Heritage and Culture, Anaheim Teaching Artist, ARMORY Center for the Arts Claremont Graduate University, MFA' (-1 NALAC Advocacy Leadership Institute'20 Sonneman Photography Prize, CG -U Archive Machines, Los Andes }r#utiicipal Gallery(upcntning), Loa Angeles Origins & Displacements, (postponed), East Gallery, C43U Time & Space. (postponed 2021), Cal State Fullerlon From: Noah Julian6 To: Public Comment Subject: Absolute No on Items 3, 4 and 13 Gate; Tuesday, July 14, 2020 1:59:07 PM Dear Anaheim City Councilmembers, First and foremost, thank you for taking the time to actively listen to your community and to critically observe what our true needs are during this unprecedented time of uncertainty. Please do NOT spend $177,185 on public safety vehicle equipment advancement for the police in Item 3, or $59,276.25 on increasing police surveillance in Item 4 in order to further the continual fear reminiscent of Jeremy Bentham's barbaric 18th -century panopticon. That is tax payer money and should not be used to fund their own oppression. Instead of giving $175,155,129 dollars to the Anaheim Police Department, you need to re -allocate those funds to grassroots organizations and non -profits that know, love and truly weave this community together. I approve of the $360,004 allocation to Better Way Anaheim in Item 12. This is where you should be putting our tax paying dollars. I absolutely abhor the passage of Item 13. The destruction of City records older than two years old just for the sake of clerical efficiency is absolutely shameful. In -Custody Deaths, Officer Involved Shootings, Disciplinary Files, Complaints, Major Incident Response Team reports, and APD Internal Affairs Investigations older than two years should NOT be destroyed. Those are cnlcial figures and we need to hold the police officers liable to their violations of human and civil rights committed against US citizens and immigrants seeking refuge. Abolish ICE as well please and thank you. They are deplorable and you all know it. Anaheim and Santa Ana are the most densely populated cities and most severely affected by covid 19 in Orange County. Instead of giving millions of more dollars to the police department, you should reallocate your tax payer dolllars towards health care, education, distributing free masks, funding mental health care service providers and victirn/survivor advocates, implementing non - armed officer disppachment for non-violent 911 calls, buying anti -racist books to place into our K-8 classes to plant positive seeds early on, aiding food banks and soup kitchens, getting nurses and social workers in schools and after school day care centers funded, buying foreclosed motels or condos in Anaheim to convert into housing for the homeless, or literally anything other than more rubber bullets, batons, riot shields and TEAR GAS used against tax paying Anaheim citizens during a global RESPIRATORY pandemic. Please reconsider fighting violence with more violence. Police reform is proven to not work and the prison industrial complex is rotten at its core. The officer who killed Rayshard brooks had just completed de-escalation training of April 24, 2020 and deadly force training on January 9, 2020 and still brutally killed Rayshard. Body cams are very expensive and only document their killings. Qualified immunity needs to end for real reform and you all know it. If defunding the police departments is not enough, then remove yourself out of your own compartmentalized viewpoint and zoom out. What you should really be doing is reaching out to your OC buddies then to your LA colleagues to call Newsom, and urge the Pentagon to defund and reallocate their $744+ billion dollar military budget to help our citizens on the homeland. If the police pepper spray children and shove old men to the ground while the entire world is watching, what do you think our military does to impoverished POC communities abroad when no one is watching? We should be investing our tax -payer dollars to peace, education, health care and new clean energy job creation on the home front rather than more missiles, tanks, guns, bombers, nukes, and submarines abroad. There were 33 APD arrest -related deaths in 2003-2016. Your police officers killed 33 people in 13 years. That is absolutely way too many deaths at the hands of the ones sworn in to protect us. It's a blue shirt and badge, not a blue life. Brown bodies don't get to take their melanated skin off to safely drive home to their family after their shift is over. Who polices the police? They must be held accountable for their actions. Racist officers and "the good apples" alike have been encouraged to fetishize a "firearm" as an extension of their own bodies for far too long. Vincent Valenzuela, Christopher Eisinger and so many more did not deserve to have their lives taken. What happened to "innocent until proven guilty?" How have you normalized an instantaneous death penalty sentenced by the police with no repercussion? We should not five in a world where trained professionals with a gun on their hip get to panic and react on impulse while innocent civilians must remain calm and collected with a rifle pointed in their face. A high school degree and a few weeks of training is an abysmal requirement for such an array of important responsibilities that the police are woefully ill-equipped to handle. Norway, Sweden, Germany, Australia, Japan and so many other countries have EXTENSIVE training and requirements for their officers, and their low In -Custody Deaths prove their efficiency. However, you cannot add anything to a full, White Nationalist Supremacist glass of water. Follow Los Angeles and San Fransisco City Council's and push to replace armed police officers with non-armed responders for non-violent 911 calls. We need nurses, social workers and psychiatrists in schools, not armed cops arresting our teenagers through the school prison pipeline. Please zoom out and see the big picture. Black Brown Latinx Trans Disabled Queer Incarcerated Immigrant Impoverished Lives Matter. All Black and Brown Lives Matter. Choose love and defunct the police. Please vote Yes on Item 12. Hard No on Items 3, 4 and 13. Thank you for your time today. Love and Light, Noah Juliano From: Dianna Meli To: Public Comment; Harry Sidhu (Mayor]; Stephen Fagsel; Denise Barnes; Jordan Brandman; Jose Mareno; Lucille KJN; Trevor o"Neil Subject: Book Recommendation Date: Tuesday, July 14, 2020 8: t3:56 AM Hello council members, After tuning in to the last city council meeting, I wanted to recommend that you read the book White Fragility: Why It's So Hard for White People to Talk About Racism by Robin DiAnQelo. In your last meeting, I witnessed the overwhelming amount of white fragility, white silence, and white solidarity that took place in your discussion of voting to pass the city's resolution in response to Black Lives Matter (BLM). You failed to propose a meaningful response to the BLM movement, and instead, openly refused to acknowledge or reconcile with our city's fundamental and current History of racism and white supremacy. The mayor and council members' dialog on passing a city acknowledgment of BLM proved to be very disappointing.. 1 recall one council member actually playing the "I'm Italian" and l have experienced prcJudice card. Personally, I am a child of Sicilian immigrants (who also endured lots of prejudice), so it was infuriating to hear this kind of comment. The book that I recommend you all read specifically details why this kind of comment is problematic when talking about race. I interpret that this elected official is simply uneducated on how to talk about race, or that they used their comment as an excuse for their inability to hold themselves accountable (as they motioned to strike dawn proposed edits to the resolution that would move the city towards acknowledgment and reconciliation). This kind of comment also took the focus away from the Black residents and communities who really need your help and support. This wasn't a moment to make the situation about all of YOU and your own struggles with race. I thought the resolution was to respond to US, who have been in the streets and in your emails demanding that you all DO BETTER.. There are more council member comments and actions that l can also refer to from the last meeting as moments of extreme disappointment, but you all 'know what you have said. Every council member (except the one who brought up the proposed edits to this resolution) displayed and participated in white fragility, white silence, and white solidarity. This proves that you do not have to be "white" to uphold racism and white supremacy. You do not need to be "white" to continue to educate yourself on anti - racism. We must all do this work. Your resolution to acknowledge Black Lives Matter does not contain any actionable items that our city can be held accountable to. You have chosen to uphold, rather than challenge. white supremacy in the City of Anaheim. The resolution that you passed is performative and disingenuous. Our city will benefit from having elected officials who are able to have substantial conversations about race without becoming defensive and/or silent. At this moment in time, your inability to have mature and meaningful conversations oil race is not benefitting your constituents. At the very least, please read the book mentioned above. Educate yourselves; I am demanding that you do better. Respectfully, Brianna Meli District 2 Resident (who also works in Anaheim) From: Phillip Wolfgramm To: PubhC Comment; City CI r Subject: Policing in Anaheim Gate: Tuesday, July 14, 2020 10:20:03 AM Dear City Council Members, My name is Phillip Wolfgramm. We have lived in West Anaheim for over 2 decades. We have raised, and continue to raise our children here. I am also a member of the Anaheim Police Review Board. With all of the voices demanding to "de -fund" the police, I raise my voice against this demand. As a voting citizen of the city, the number one service that the city can provide me and my family is our safety - this is why you should be in office, and where you should spend our tax dollars. Your next priority is to provide the city infrastructure (school facilities, electricity, water, roads, trash pickup) that best allows us to continue to live, and to raise our children in this city. These two priorities are timeless and foundational for city government While I recognize the need to re-evaluate the city's policing policies, training, and goals, I ask you to resist the urge to enact ordinances and policies in response to agitators' short-sighted, unsafe, anti-american, and chimeric demands. From: 5teohanle Wade To: Publk Comment Subject: Public Comments for Tonight"s Council Meeting Gate: Tuesday, July 14, 2020 1:17:31 PM Good Evening Mayor Siduh, Council Members, City Manager Garcia and Chief Cisneros, My name is Stephanie Wade, I live in Councilmember Moreno's 3rd District. Two weeks ago, I submitted comments in support of and was very gratified that the Resolution Against Racial Injustice and Declaration that Black Lives Matter passed at the city's last council meeting. I know that there were many, including me, who wanted the resolution to go further in addressing the city's own history of systemic racism and the implicit bias in local government, a history that still permeates much of our city government including in policing. But 1 wanted to thank all seven members of the council, including Council Member O'Neil who ultimately obtained, for their good faith efforts. While We all hope ftyr less acrimony and more reconciliation as we continue to address these issues, I am proud to be from Anaheim and glad that the city's leadership is committed to these "difficult conversations." And it is in that vein that I would like to introduce myself to the city as a candidate for the city's Police Review Board. I have had a long standing civic interest in policing and submitted my application to the City Clerk on May 5th of this year. I realize that the "at large" seat on the board will be tilled by lottery among applicants judged to be qualified for the position. But I wanted to say that as a farmer Marine infantry officer, longtime public school PE and social studies teacher in underserved, majority -minority schools, as a current staffer with the U.S. House of Representatives, as a transgender woman and most of all, as a proud, civically minded resident of the city, I hope I will he found to be qualified and lucky enough to win the lotteried appoinment. Like you, I want to serve this city by being an honest, fair and civil participant in one of the most sensitive areas of our government. Thank you and good evening. Stephanie M. Wade I She, Her, Hers "Progress is Not Future: It is Keeping Up with the Present -Patti Smith & Richard Hell, Poernz #2, 1978 From: vanessa dennv To: Public Umment Subject: Rape in Anaheim Date: Tuesday, July 14, 2020 1:23:56 PM Dear Anaheim City Council Members I would like to address you regarding my concerns about Sexual Assault Victims. On Mother's Day wcckcnd my mother contacted Anaheim Police Department to request an officer to come to our home at Rockwood Apartments unit#221 to report me being raped by a neighbor by the name of Marcos Martinez. The officer who took my statement was inexperienced and asked me questions that were not relevant such as " were you sexually active prior to being sexually assaulted'?" I'm a minor and at 14 years old I need my mother by my side however they would not let her. Detective Jason Carney was assigned to my sexual assault case. This detective did not make me feel safe nor showed me the slightest compassion, instead he revictimized me and used words such as "pussy- and "fucking" when referring to my private parts and the sexual abuse. I felt so afraid and ashamed in results of his inappropriate behavior. He then continued to pressure me to say the my rape was consensual. Anaheim Police did not arrest the perpetrator even though he was on drugs, probation and was on house arrest previously for probation violation. The District Attorney Geraldine did not file charges either. Both the DA and Anaheim PD we're blaming each other as to why this person wasn't incarcerated. Now my mother Elisabeth Rios is facing child abuse and neglect charges for protecting me. Now could this happen? How is the perpetrator that raped me free and my mother has to appear before a judge in the DC Superior Court. To make matter even worse Anaheim House Authority has refused to honor the Choice Voucher they guaranteed my family would receive so we can relocate. My mother subm itted a VAW A application to AHA along with a Reasonable Accommodation for my mental health disability and the physical, emotional and mental trauma I've experienced. Anaheim Housing Authority denied it! Victims of sexual assault deserve to be treated with dignity. Victims of sexual assault deserve to have their Mental Health disability be a priority . Victims of sexual assault deserve an Emergency Transfer Relocation to a safe place as far away from the perpetrator as possible. Please Anaheim City Council Members don`t fail too at proving justice to me. #itisticeforvanessadenny PS 1 am Protesting outside of City Hall peacefully. Sent from my Whone From: Maria Ceia To: Public Comment Subject: Rockwood Apartments and the assault of 14 year old Vanessa Gate; Tuesday, July 14, 2020 11:29:29 AM To the Mayor and City Council, I find it incomprehensible that you are doing nothing to assist the family of Vanessa and her mother Elisabeth Rios after the horror they've been through and continue to face. Vanessa was raped by her neighbor and the Anaheim Police Department victim blamed a CHILD and made derogatory comments of her body. They sought help for the city to hold the police accountable for their irresponsible approach to this situation which you have ignored and turned away from this family who is close to being unhoused. Why are they close to being unhousied? Because they no longer want to be the neighbor of the man who raped Vanessa. I ask that you find the appropriate and suitable home for this family or assist them with a hotel roam until (hey Find a safe place to live. I demand that you hold the police accountable for what they did to Vanessa and acknowledge how they further traumatized her. I ask that you respect the family's wants for what they deem is justice for them and what they've been through. Listen to the family and respect their wishes, they've been through enough? Do your job! Thank you, Maria Ceja From: Roudsan Collins To: Public Comment ^ Subject: 591152 Gate: Tuesday, July 14, 2020 $:28:09 AM A homeless man recently died after being released from an Anaheim hospital with no apparent follow up to make sure he was put into shelter or some form of housing as required by SB 1152. What will you be doing to make sure these hospitals are being kept accountable? I spoke with Federal Judge David Carter and he also is very concerned and is planning to get involved in this issue as I explain in this video. https://youtu.be/r4KOobsZchc From: Lorraine Salas To: PubliC Qmment Subject: sexual assault In Anaheim Gate: Tuesday, Iuly 14, 2020 10:59:1i AM Please read the following public comment during time that is set aside for the public to be heard: I am writing in regards to a very alarming and disturbing incident that occurred a few weeks ago in the city of Anaheim. A few of my friends shared a statement that was written on a gofundme page that outlined specific details showing institutionalized victim blaming by the police and willful neglect by the Anaheim Housing Authority. Seine of u5 get to sit back in the comfort urour own hornes during this COVID pandemic crisis and there are methodical plans in place to ensure everyone's safety while out in public. Protocols and safety measures in businesses and institutions are being implemented. But what about victims of abuse and rape? Are they also not afforded the same safety and security when they go to the police to report and press charges? Is it typical protocol to have a victim of rape be placed on a 48 hour notice especially during this pandemic, when the chances are significantly higher to transmit COVID while sharing a living space? Is it typical protocol for the Anaheim Housing Authority to deny a victim's request to be relocated away from their assailant.! The safety and security of rape victims is not ensured in the city of Anaheim at this moment in time and I hope each and every one of you take the time to understand that any neglect on your part with regards to Vanessa's case will have detrimental effects to the safety of the residents living in Anaheim. Every single council member, including the police chief, need to read and listen to Vanessa and her mother and the horrifying situation they have had to experience caused by agencies that are meant to keep them safe. Take the necessary steps to fix this problem immediately by relocating the victim and her family. I am also requesting that the police chief overview policies with police staff, officers, and detectives on how NOT to treat victims of rape, sexual assault, and harassment. Please took up the terms victim blaming and victim shaming and go from there. You are hurting the residents of Anaheim by not taking this seriously. Jennifer L. Half item #'-:..,� Distributed to majority 5f`Vty Council within 7.2 hours of maeting- From: Loretta Day Sent: Tuesday, July 14, 2020 12'27 PM To: Theresa Bass; Denise Barnes; Jordan Brandman; Jose Moreno; Lucille Kring; Lucille Kring; Harry Sidhu (Mayor); Stephen Faessel; Trevor O'Neil Cc: Jennifer L. Hall; Amanda Edinger; Annie Mezzacappa; Cynthia Ward; Daniel Ferro; Helen Myers; Justin Glover; Karen Romero Estrada; Maria Gonzalez, Marisol Ramirez; Nam Bartash; Samantha Saenz; Sarah Bartczak Subject: FW: Cannabis From: Reed Mattson Sent: Tuesday, July 14, 2020 9:15 AM To: Council <counci:@anaheim.net> Subject: cannabis We, Reed Mattson and Jeanine Mattson, would like to express our concern over this cannabis bill (5503) knowing that it would bring more problems into the city of Anaheim. We cannot see any good coming from this bill. We are strongly opposed to this bill and we would ask you, as a City Council, to vote it down. Thank you for listening to our concerns. Reed Mattson Jeanine Mattson Sent from Mail for Windows 10 Item # 'i to majority of City Council within Jennifer L. Hall 72 hours of From: Theresa 'Bass Sent: Tuesday, July 14, 2020 2:11 PM To: Jennifer L. Hall Subject_ FW: Proposed Destruction of Records of the Anaheim Police Department Attachments: C_Letter to City Of Anaheim on Behalf of Theresa Smith.pdf; FW: Request for records related to the 12/11/09, shooting of Cesa, Ray Cruz; A -SB 1421 PRA (Anaheim PD).docx.pdf; B_Anaheim PD - response 01.31.2019.pdf; 7.14.20_Letter to City of Anaheim -SB 1421 Records Destruction.pdf Importance: High From: Jennifer Rojas <JRojas@aclusocal.org> Sent: Tuesday, July 14, 2020 11:02 AM To: Kristin Pelletier <KPelletier@anaheim.net>; Theresa Bass <TBass@anaheim.neta; City Manager <Cityma nager@a naheim.net> Cc: Harry Sidhu (Mayor) <HSidhu@anaheim.net>; Stephen Faessel <SFaessel@anaheim.net>; Denise Barnes <DBarnes@anaheim.net>; Jordan Brandman <JBrandman@anaheim.net?; Jose Moreno <JMoreno@anaheim.net>; Lucille Kring <LKring@anaheim.net>; Trevor O'Neil <TONeil@anaheim.net>; Melanie P. Ochoa <M Poc hoa @a cl u soca l.o rg> Subject: Proposed Destruction of Records of the Anaheim Police Department Importance: High Ms. Pelletier, Ms. Bass, and Mr. Garcia: Attached please find correspondence from the ACLU of Southern California regarding tonight's City Council meeting. Thank you, Jennifer Rojas, Policy Advocate and Organizer Pronouns: She/Her(s) ACLU of Southern California, Orange County Office (714) 450-3955 aclusocal.org I I facebook I I twitter I I bloc , ACLU SoGaf: STAND FOR JUSTICE >> Download our mobile app at rnobileiusticecaoru THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION iS STRICTLY PROHIBITED. ACW AMERICAN CIVIL LIBERTIES URION FOUNDATION Southern California July 14, 2020 Kristin A. Pelletier, City Attorney Theresa Bass, City Clerk Greg Garcia, Interim City Manager City of Anaheim 200 S Anaheim Boulevard Anaheim, CA 92805 Via email to kpelletier anaheiin.net; tbass &anaheiln.net; Cit. ManaL!er &anaheim.net Re: Proposed Destruction of Records of the Anaheim Police Department Ms. Pelletier, Ms. Bass, and. Mr. Garcia: On behalf of the ACLU of Southern California ("ACLU SoCal"), I write to express strong concerns about the proposed destruction of records currently in the possession of the Anaheim Police Department ("Department") and to urge you to withdraw any City Council item authorizing the destruction of police records related to use of force, that are responsive to ACLU SoCal's request for records made on January 1, 2019 and July 1, 2020. Such an item would authorize a blatant violation of the Public Records Act that would require ACLU SoCal to seek immediate court intervention to protect its rights, and would violate guidance given by the Attorney General. The July 14, 2020 City Council agenda includes an item, at the behest of the Office of the City Clerk„ seeping the City Council's permission to destroy Department records from 2009 — 4/30/2015 relating to Internal Affairs Investigations, Disciplinary Files, Complaints, In -Custody Deaths, Major Incident, Response Team (MIRT), and Officer Involved Shootings. We have legal and policy concerns regarding the proposed destruction of these records, including that their destruction would violate the California Public Records Act ("CPRA") Gov't Code Sec. 6250, el seq. We strongly request that the City rescind this agenda item. If the item authorizing destruction of these records proceeds on the agenda, ACLU SoCal may be required to file suit against the City to prevent any authorizing action by the City Council from taking effect. First, as you know, the California Legislature adopted S.B. 1421 (Skinner 2018), "The Right to Know Act," which mandates that government agencies disclose records relating to uses of deadly force, sexual assault, and acts of dishonesty with respect to the reporting, investigating, or prosecution of a crime in response to a request made pursuant to the CPRA. See Penal Code Sec. 832.7(b)(1)(A)-(C). This law eliminated an agency's ability to claim a basis for withholding documents in response to a CPRA request if those documents were deemed part of an officer's EXECUTIVE DIRECTOR hector 0. Villagra CHAIR Shari Leinviand VICE CHAIR Sherry Fru mkin CHAIRS EMERITI Danny Goldberg Allan K. Jonas' Burl Lancaster" Irving Lichtenstein, MD' Jarl Mohn Laurie Ostrow" Stanley K. Sheinbaum' Stephen Rohde `deceased 1313 W Eighth Street, Suite 200 tai Angeles GA 90017 T 213.977.9500 F 213.977.5297 ACLUSOCAL.ORG Page 2 personnel file. The law went into effect January 1, 2019 and pertains to all records in an agency's possession at the time that it has an active CPRA request. ACLU SoCal filed a request on January 1, 2019 with the Department for certain documents made accessible under S.B. 1421, including, but not limited to:' • Any use of force resulting in death from January 1, 1999 to the present • Any use of force resulting in great bodily injury from January 1, 2009 to the present • Any sustained act of dishonesty relating to the reporting, investigation or prosecution of a crime from January 1, 1999 to the present • Any sustained act of sexual assault involving a member of the public from January 1, 2009 to the present Furthermore, ACLU SoCal re -filed a request on July 1, 2020 with the Department for records related to the December 11, 2009 shooting of Caesar Ray Cruz on behalf of Theresa Smith and the California Justice Teams Network? The records the Department seeks permission to destroy unquestionably include documents that are responsive to ACLU SoCal's requests.3 The Department cannot receive a public records request and then decide to destroy responsive documents rather than turn them over. Such destruction of those records would blatantly violate the CPRA's requirement that, in response to a request for public records, the Department produce all "disclosable public records in the possession of the agency." Gov't Code Sec.; 6253(c); see also Penal. Code 832.7(b)(1) (requiring that the specified records "maintained by any state or local agency ... shall be made available ... pursuant to the [CPRA]"). The CPRA further prohibits agencies from taking action to "delay or obstruct the inspection or copying of public records," Gov't Code Sec. 6253(d), and destruction of records in an agency's possession that are responsive to a requestor's CPRA request undeniably violates the CPRA. ,See, e.g., Community Youth Athletic Center v. National City, 220 Cal.AppAth 1385 ("CYAC"). The destruction of these records would also violate the instructions given by the California Attorney General. an January 3, 2019, the California Attorney General issued instructions to "All California Law Enforcement Agencies" to preserve such records: In order to ensure compliance with California law, the California Attorney General's Office is instructing you to preserve all records that may be subject to disclosure beginning January 1, 2019, pursuant to recent amendments to Penal Code Section 832.7 as a result of Senate Bill 1421 .... ' A copy of ACLU SoCal's request is appended to this letter as Attachment A. The Department's response, received 1/31/2019 is appended as Attachment B. I A copy of ACLU SoCal's request is appended to this letter as Attachment C. The City's response, received 7/2/2020 acknowledging our request and stating "the City will respond" is appended as Attachment D. 3 This proposed destruction may also be in violation of the rights of other requestors under the CPRA if the Department has received other CPRA requests seeking information held within the files for which destruction is sought. AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA Page 3 You should preserve all applicable files currently stored in paper files either onsite or in a remote location. You should also preserve any and all electronically stored information, including databases, electronic data files, hard drives, on- and offline storage drives, backups, logs, archives, personal computers and portable devices, and other removable and non -removable media, and electronic mail and attachments to electronic mail, pertaining to both records and preservation of records, including but not limited to electronic mail regarding potential destruction of covered information. Information Bulletin No. 2019-DL1-01, California. Department of Justice, Jan. 3, 2019 available at httr�s:Ilorr ,.ca.,,,ovlsites/all/iilesfaau►ebl�)dlsli)ublicatioizs/2019-dle-01 i reserve-recs.}d. If the item remains on the City Council's agenda, ACLU SoCai will be forced to defend its rights under CPRA immediately by seeking a temporary restraining order to enjoin the Department from destroying the records as proposed. As you know, an agency may be held liable for attorneys' fees incurred to enforce a requestor's rights under the CPRA. Gov't Code Sec. 6259(d). Additionally, apart from violating rights specifically granted under CPRA and the instructions of the California Department of Justice, the City should be troubled by this attempt to destroy records regarding serious incidents of misconduct and deadly uses of force amid great public concern over the issue of police violence after the Minneapolis Police Department killed George Floyd. In particular, the request to destroy several years of records pertaining to officer -involved shootings and in -custody deaths indicates that purging these records is not a part of any regularly -scheduled destruction of records the Department now deems "obsolete." As California enters a new era of increased transparency around peace officer records—one resoundingly endorsed by the public—we hope that Anaheim embraces this new opportunity and does not attempt to further impede it. If you have any further questions, you may reach us by email at melanie o aclusocal.or and i roi as a)aclusocal.org. Regards, Melanie Ochoa Staff Attorney Jennifer Rojas Policy Advocate and Organizer AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA California January 1, 2019 Anaheim Police Department 425 S Harbor Blvd Anaheim, CA 92805 Re: Request for Public Records on Police Use of Force Investigations, Sustained Findings of Police Dishonesty and Sexual Assault To Whom It May Concern: I write to respectfully request records related to the investigation and discipline of peace officers employed by the Anaheim Police Department (the "Department) under the California Public Records Act, Gov't Code §§ 6254 et seq., California Penal Code §§832.7-832.8, and Art. I, § 3(b) of the California Constitution, as set forth below. Last fall, the California legislature passed, and Governor Brown enacted, SB 1421 (Skinner), which amends California Penal Code section 832.7 to provide the public a right of access to records related to investigations into investigations and discipline of peace officers for shootings and serious uses of force, as well as sustained findings of dishonesty related to the investigation, reporting, and prosecution of a crime or police misconduct. We now respectfully request the records newly available under SB 1421. We make this request as the American Civil Liberties Union of Southern California, as requestor, on behalf of the ACLU of California (including the ACLU of Northern California, ACLU of Southern California, and ACLU of San Diego and Imperial Counties) as well as a wide array of civil rights, government transparency, and criminal defense groups, including the Youth Justice Coalition, Justice Teams Network, Anti Police - Terror Project, California Faculty Association, PolicyLink, STOP Coalition, California Public Defender Association, and National Association of Criminal Defense Lawyers. We have coordinated this request, and will share all records obtained, with this group of organizations, and further commit to making those records available to the public by posting on the Internet and other means, to help facilitate access to the records you produce. I. Requests for Records We understand that this change in the law may result in a significant number of responsive documents, and that you may have received a number of requests for similar documents from other requesters. We have endeavored to tailor our request to a limited selection of the most important documents and most relevant timeframe for incidents. As set forth below, for purposes Requests I through 7, we do not seek all records relating to the underlying incident, but only a limited set of "Decisional Documents" relating to the Page 2 administrative investigation of the incident. For purposes of these requests, "Decisional Documents" means all documents' reflecting or setting forth; • The Department's decision, prior to any administrative appeal, that an officer's conduct did (or did not) violate the law or agency policy, and any reasons for that decision; ■ The final investigative report (prior to any administrative appeal) of the Department, or any division of the Department, or any document setting out factual findings of, or recommended factual findings for, the person or body charged with deciding whether the officer's conduct was within policy and/or warranted discipline or other corrective action; • The punishment imposed or corrective action taken as the result of an administrative investigation, including letters of intent to impose discipline or other documents reflecting discipline imposed, changes in rank or assignment, training required, or changes to or examinations of Department policy, training or practice; • A decision on appeal from the Department's factual finding, or the discipline or corrective action imposed, including review by a superior or arbitration, including any statement of reasoning by an appeal body and any revised discipline or corrective action imposed, or any documents reflecting modifications of discipline due to the Skelly or grievance process, • Any agreement to resolve an administrative investigation, including any agreement (or lack of agreement) as to the facts of what happened in the incident, or discipline or corrective action to be imposed; • The final investigative report, factual findings, legal conclusions, or recommendations on discipline, policy, procedures or training, by the district attorney, independent civilian oversight body, or outside law enforcement agency brought on to conduct an investigation into an incident; • The final imposition of discipline or implementation of convective action. For purposes of this request, records include, but are not limited to all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, or whether the officer's action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action. Cal. Penal Code §832.7(b)(2). ' The term "records" as used in this request is defined as "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics." Cal. Govt. Coyle § 6252, subsection (e). "Writing" is defined as "any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thcrcof, and any record thereby created, regardless of the manner in which the record has been stored." Cal. Govt. Code § 6252 (g). AMERICAN CIVIL LIBERTIES UNION OF CALIFORNIA Page 3 For purposes of these requests, "Decisional Documents" does not include underlying evidence, expert reports, witness statements, audio or video, unless incorporated by or included in the documents described above. We also recognize that at some departments, older records may be stored in different recordkeeping systems that may require more time an effort to retrieve. If this is the case with your agency, we are happy to discuss particular obstacles or concerns and a process for retrieving records as efficiently as possible. Records Request No. 1: All DECISIONAL DOCUMENTS related to the administrative investigation of any use of force by a peace officer employed by the Department' that resulted in death, from January 1, 1999 to the present. See Penal Cotte § 832.7(b)(1)(A)(ii). Records Request No. 2: All DECISIONAL DOCUMENTS relating to any incident in which a peace officer employed by the Department was found to have committed an act of dishonesty directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence, at any time from Jan. 1. 1999, to the present. See Penal Code § 832.7(b)(1)(C). Such incidents may also include receipt or solicitation of bribes, loans, favors, or gifts in relation to an investigation; misappropriation of property in an investigation, obstructing an investigation, or influencing a witness. Records Request No. 3: For any officer about whom a sustained finding of dishonesty is disclosed in response to Records Request No. 2, above, all DECISIONAL DOCUMENTS relating to any sustained finding of dishonesty relating to the reporting, investigation, or prosecution of a crime or misconduct by another peace officer, regardless of date. Records Request No. 4: All DECISIONAL DOCUMENTS related to any administrative investigation into the discharge of a firearm at a person by a peace officer employed by the Department, which did not result in death, from January 1, 2014 to the present, flee Penal ('ode § 832.7(b)(1)(A)(i). Records Request No. 5: All DECISIONAL DOCUMENTS related to any administrative investigation into a use of force by a peace officer employed by the Department against a person that resulted great bodily injury, from January 1, 2009 to the present. See Penal Code § 832.1(b)(1)(A)(ii). Records Request No. 6: For any officer who used force resulting in death at any time since January 1, 1999, all DECISIONAL DOCUMENTS related to any administrative investigation into the discharge of a firearm at a person by that officer that did not result in death, or a use of 2 A peace officer is "employed by the Department" for purposes of these requests if that officer has been employed by the Department at anytime. The modifying phrase "employed by the Department' does not limit the requests only to officers currently emp]eyed by the Department, nor does it exclude documents within the position of the Department that concern the incidents that occurred while the peace officer was employed by another agency. AMERICAN CIVIL LIBERTIES UNION OF CALIFORNIA Page 4 force by that officer against a person that resulted great bodily injury but not death, regardless of date. Records Request No. 7: All DECISIONAL DOCUMENTS relating to any incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer employed by the Department engaged in sexual assault involving a member of the public, from January 1, 2009 to the present. See Penal Code § 832.7(b)(1)(B). For purposes of this request, "sexual assault" refers to the commission or attempted initiation of a sexual act with a member of the public by means of force, threat coercion, extortion, offer of leniency or other official favor, or under the color of authority, including unwanted or gratuitous sexual contact such as touching or groping. See id. § 832.7(b)(1)(B)(ii). Records Request No. 8: For any officer about whom a sustained finding of sexual assault is disclosed in response to Records Request No. 7, above, all DECISIONAL DOCUMENTS relating to any sustained finding of sexual assault, regardless of date. II. Request for Preservation, or in the Alternative, Request for Documents While we have asked for a limited selection of documents that are newly available pursuant to S.B. 1421, review of those documents will very likely reveal some incidents in which requestors or other members of the public would like additional detail, such as records of investigation, audio, video, expert reports and other documents excluded from the present request. We therefore request that you provide assurances that you will preserve all such documents, at least for a reasonable time after complying with the present set of document requests, to allow targeted requests for additional information on specific cases. III. Prioritization of Requests We understand that this change in the law may result in a significant number of responsive documents, and that you may have received a number of requests for similar documents from other requesters. To help make sure your response serves the public interest in disclosure of these important records as efficiently as possible, we ask that you prioritize in the following order: First, please prioritize requests from other requestors who are family members ofthose killed by police seeking informatwn on haw their loved ones died. We recognize that the change in law in many instances may allow these family members access to this information for the first time, and for the first time provide answers about their losses, and urge you prioritize these disclosures. Second, for our requests, prioritize in the order of requests, 1 through 8. Third, if for any reason some categories of documents responsive to a request are more readily disclosable and others more difficult — for example.., if older records are in archival storage or stored in a different and harder -to -use system, or documents responsive to one request are not as easily categorized for disclosure and would require more time -intensive searching than another — please contact us to discuss the obstacles to prompt disclosure so that we can work out a AMERICAN CIVIL LIBERTIES UNION OF CALIFORNIA Page 5 timeline, process, or refined selection criteria for documents that are more difficult to find or produce. Please respond to this request in ten days, either by providing the requested information or providing a written response setting forth the specific legal authority on which you rely in failing to disclose each requested record, or by specifying a date in the near future to respond to the request. See Cal. Gov't Code § 6255. Pursuant to section 6253, please disclose all reasonably segregable non-exempt information from any portions of records you claim are exempt from disclosure. If any records requested above are available in electronic format, please provide them in an electronic format, as provided in Govt. Code § 6253.9. To assist with the prompt release of responsive material, we ask that you make records available to us as you locate them, rather than waiting until all responsive records have been collected and copied. If you would like to discuss these requests, please feel free to call Hermelinda Calderon or Casey Kasher at (213) 977-5265. Otherwise, please send any correspondence or documents in electronic format via email to prarequestLo)aclusocal.org, or correspondence or documents on CD-ROM or USB drive to: SB 1421 Records ATTN: Casey Kasher ACLU of Southern California 1313 W. 8th Street Los Angeles, CA 90017 Because this request is made on behalf of a number of nonprofit public interest organizations, with the intent to make this material easily accessible to the public as promptly as possible, we request that you waive any fees. North Cty. Parents Assn v. Dept of Ed., 23 Cal, App. 4th 144, 148 (1994), Cal. Gov. Code §6253(e). However, should you be unable to do so, ACLU SoCal will reimburse your agency for the "direct costs" of copying these records plus postage. If you anticipate these costs to exceed $54.00, please notify us prior to making the copies. Thank you in advance for providing the records we have requested. Please do not hesitate to contact us with any questions regarding this letter. Best, Peter Bibring Director of Police Practices ACLU of Southern California AMERICAN CIVIL LIBERTIES UNION OF CALIFORNIA 2DOS- Anaheim Md., Softe 956 4nahefm, Womia 92805 rEi 914)7W5169 W (714) 765-5123 VWWv Rnaheimjtal City of Anaheim OFFICE OF THE CITY ATTORNEY January 31, 2019 Mr. Peter Bibring ACLU of Southern California 1313 W. Eighth Street, Ste. 200 Los Angeles, CA 90017 Re: Public Rec.4rds Act Request (Gov. Code § 6250, et seq.) Request No. 010 72019 AFD Dear Mr. B€bring: The City of Anaheim ("City") is in receipt of your recent Public Records Act request. Therein you seek "decisional documents", which are "newly available under SB 142 L" Specifically, you have requested the following; 1. "Decisional documents related to the administrative investigation of any use of force by a peace officer employed by the Department that resulted in death from January 1, 1999 to the present;" 2. "Decisional documents relating to any incident in which a peace officer employed by the Department was found to have committed an act of dishonesty directly relating to the reporting, investigation or prosecution of a crime or directly relating to the reporting of or investigation of misconduct by another peace officer or custodial officer including, but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying or concealing of evidence at any time from Jan. 1, 1999 to the present;" 3. "For any officer about whom a sustained finding of dishonesty is disclosed in response to ... No. 2 above, all decisional documents relating to any sustained finding of dishonesty relating to the reporting, investigation or prosecution of a crime or misconduct by another peace officer regardless of date;" 4. "Decisional documents related to any administrative investigation into the discharge of it firearm at a person by a peace officer employed by the Department, which did not result in death, from January 1, 2014 to the present," 5. `Mecisional documents related to any administrative investigation into a use of force by a peace officer employed by the Department against a person that resulted [in] great bodily injury from January 1, 2009 to the present " 6. "For any officer who used force resulting in death at any time since January 1, 1999, all decisional documents related to any administrative investigation into the discharge of a firearm at a person by that officer that did not result in death or a use of force by that officer against a person that resulted in great bodily injury but not death, regardless of date;" 7. `Decisional documents relating to any incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or Mr. Peter Bibring January 31, 2019 Page 2 custodial officer employed by the Department engaged in sexual assault involving a member of the public from January 1, 2009 to the present;' and. S. "For any offiir,.er whom a sustained Ending of sexual assault is disclosed in response to—No. 7 above, all decisional documents relating to any sustained finding of sexual assault regardless of date," While it is not entirely clear, your request appears to seek audio and video files. Such records require multiple layers of review and "extraction" to protect information exempt from disclosure pursuant to the Public Records Act and prepare for production the otherwise discJosable recording. The City is allowed to recover costs for its expenditures to produce the recordings, including the cost of extracting exempt material from the recordings with the aid of software. See National lAi ,,Lers Quild v. Cita ofHavwwd, 27 Cal.App.5" 937, 952; Government Code section 6253.9(b)(2). 'Should you wish to receive the audio/video files, the City will require a deposit to proceed with the extraction and production of the relevant files. In this instance, the City has estimated that it will require approximately 1612 hours to prepare audio/video files at the cost of $80/hour. Please provide a deposit in the amount of $128,960.00 if you are interested in obtaining these records. Please also note that this amount is an estimate only. If actual extraction costs are less that the estimate, the City will refund the appropriate portion of your deposit. if actual extraction costs exceed the estimate, the City will request a supplemental payment before the requested records are released. Please note that the records containing the information you seek may be withheld at this time, redacted and/or have information extracted from them pursuant to the following exemptions to the Public Records Act: • The records contain personal contact information (Gov. Code, §§ 6254(f)(2) and 6255(x); Penal Code § 832.7(b)(5)(A)(B)); • Medical records are exempt from disclosure pursuant to Government Code § 6254(k), which incorporates the prohibitions against the disclosure of such information contained in the Confidentiality of Medical Information Act [Civil Code § 56 et seq.] and Health Insurance Portability and Accountability Act (HIPAA); • Financial information is confidential (Gov. Code §§ 6254(n), 7470, 7471 and 7473); • Juvenile information is confidential (W&I Code § § 827 and 828); ■ The records consist of notes and/or drafts (Gov't. Code §§ 6254(a)); The records may be subject to the public interest exemption provided by Gov. Code §6255 • The identity of person(s) who furnish information concerning violations of law to law enforcement personnel is exempt from disclosure. Roviaro v United States, 352 U.S. 53 at p. 61 (1957); Chao v. Westside Drti%tall, Inc.. 254 F.R.D. 651, 655-56 (2009); and • Certain records are related to ongoing investigations by the Orange County District Attorney's Office and/or pending criminal prosecution and therefore are exempt from disclosure at this time pursuant to Penal Code § 832..7(b)(7)(A)(i). Finally, your request specifically seeks records under SB 1421, but exceeds the scope of what is discoverable under that legislation. The City will compIy with SB 1421 and provide personnel records that have been designated as public records under SB 1421. In addition, Mr. Peter Bibring January 31, 2019 Page 3 numerous police associations have challenged the application of SB 1421 to incidents occurring prior to its effective date of January- 1, 2019, and multiple orders have been issued by the courts preventing the disclosure of such records pending a hearing on the matter. The City anticipates these challenges to be resolved in the near fiiture and prior to the production of the records that you seek, Without waiving, and subject to, the foregoing exemptions, the City is compiling and redacting a large set of responsive records, which will be made available to you for inspection, payment and production. Please contact me to make the appropriate arrangements. If such arrangements are not made within 20 days from the date of this letter, you may be required to submit a new request. Please note that due to the voluminous nature of your request and other similar requests received concurrently with yours, the City continues to diligently identify, compile and redact responsive records. As further records become available, you will be promptly notified so that you can obtain additional matzrials. Should you have any questions, please contact the undersigned. Sincerely, Robert Fal la, City . % rney By. A Pelletier - Senior Assistant City Attorney cc: LL Afiw Rnmwn APD 131176 NiMe Van Tn da APD ulillilill California September 13, 2019 Kristin A, Pelletier Office of the City Attorney 200 S. Anaheim Blvd., Suitc 356 Anaheim, CA 92805 Via U.S Mail RE: Request for Public Records on Police Use of Force Investigations, Sustained Findings of Police Dishonesty and Sexual Assault To Whom it May Concern: Thank you for your letter dated January 17, 2019 which indicated that your agency was reviewing our request under the California Public Records Act ("CPRA") for records relating to police use of force investigations, sustained findings of police dishonesty and sexual assault. Although seven months elapsed since your letter, we have not yet received any disclosures or subsequent communications from your office. As you know, an agency has 10 days to respond to a CPRA request by "promptly notifTing] the person making the request of the determination [of whether it has disclosable public records] and the reasons therefor ... [and] shall state the estimated date and time when the records will be made available." Gov. Code Sec. 6253(c). This response period can be extended up to 14 days under "unusual circumstances," as proscribed by statute. More than 60 days have elapsed since we initially submitted our request, and Anaheim Police Department has far exceeded the statutory period in which it is obligated to provide the documents or a date when they will be produced. Please respond within seven (7) days of your receipt of this letter to inform us whether your agency has disclosable records in response to our request and provide an anticipated timeline for making those records available. If you have documents responsive to our request but have determined they are exempt from disclosure, you must notify us of the reasons for your determination that documents are exempt Government Cade 6253(c). Under the CPRA, you must disclose any public record unless a specific statutory exemption applies. See, e.g., ACLU of Northern Cal., 202 Cal.App. 4th 55, 66 (2011) (internal citations omitted) ("[a]ll public records are subject to disclosure unless the Public Records Act expressly provides otherwise."')- Marylander v. Super. Court, 81 Cal.App. 4th 11 l 9, 1125 (2000) ("unless exempted, all public records may be examined by any member of the public"). The enactment of Senate Bill 1421 (2018) and the consequent amendments to Penal Code Sec. 832,7 displaced al I exemptions under the CPRA or any other provision of law and limited any possible bases for withholding to those specified in Penal Code See. 832.7(b)(7). See Penal Code Sec. 832.7(b)(1) ("Notwithstanding subdivision (a), subdivision (f) of Section Page 2 6254 of the Government Code, or any other law, the following peace officer cr custodial officer personnel records and records maintained by any state or local agency shall not be confidential and shall be made available for public inNpecdon pursuant to the California Public Records Act" (emphasis added)), Thank you for your attention to this request. Please do not hesitate to contact us with any questions regarding this letter at I rare mest-'alaclusocal.or . Best, Casey Kasher ACLU of Southern California AMERICAN CIVIL LIBERTIES UNION OF CALIFORNIA July 1, 2020 Kristin A. Pelletier Office of the City Attorney, City of .Anaheim 200 S Anaheim Boulevard, 3rd Floor Anaheim, CA 92805 kpelletier@am&eim.net Via Email RE: Public Record Act Request dated ,Tan. 1, 2019 for Dec. 11, 2009 shooting of Caesar Ray Cruz (Request No. 01022019 APD2) To Whom It May Concern: I previously submitted the above-described request for records in your office's possession, pursuant to the California Public Records Act, Gov't Code §§ 6250 et seq., California Penal Code §§832.7-832.8, and Art. 1, § 3(b) of the California Constitution. Attached is a copy of my initial request. Your agency previously identified body camera or other video, audio, photographic or other electronic records responsive to my request, but requested that I pay the cost of redacting those items. The California Public Records Act only permits agencies to require requestors pay "the direct cost of producing a copy of a record in an electronic format," Gov. Code Sec. 6253.9(aX2), unless certain criteria which do not apply here are met. The California Supreme Court recently addressed this precise issue in National Lawyers Guild v. City ofHayward, Case No. S252445, 28 (May 28, 2020),1 in holding that section 6253.9(b)(2) did not allow the City of Hayward to charge requestors of police body camera footage for the staff time required to locate that footage and edit it to redact audio & video that revealed private information. See irk (holding that"section 6253.9(b)(2), as presently written, does not provide a basis for charging requesters for the costs of redacting government records kept in an electronic format, including digital video footage"). There is therefore no legal basis for your agency's attempt to charge me for the redaction costs associated with those records. I renew my original request for the electronic records not previously produced in response to my prior PRA request. Please respond to this request in ten days providing the requested information or by specifying a date in the near future to respond to the request. See Cal. Gov't Code § 6255. If you are claiming any basis for withholding these electronic records or assert any other grounds for requesting payment, please provide a written response by that date setting forth the specific legal authority on which you rely. Please send anv documents in electronic format to Theresa Smith at Otherwise, please mail your response to: Theresa Smith ' The full text of this opinion is available at httPsflwww.courts.ea. avlotsinions/documents15252445.PDF. Law Enforcement Accountability Network (LEAN) Fullerton CA, 92831 Thank you in advance for providing the records we have requested. Please do not hesitate to contact me with any questions regarding this letter. Sincerely, Theresa Smith Executive Director Law Enforcement Accountability Network Jennifer Rojas Policy Advocate and Organizer ACLU of Southern California Jennifer L. Hall From: Jennifer L. Hall Sent: Thursday, July 2, 2024 2:58 PM To: Jennifer Rojas; mommietheresa Cc: Theresa Bass; Kristin Pelletier; Annie Banks; Peter Bibring; Adrienna Wang Subject: FW: Request for records related to the 12/11/09, shooting of Cesar Ray Cruz Attachments: FW: California Public Records Act Request: December 11, 2009 shooting of Caesar Ray Cruz; Letter from Anaheim PD 131.2019.pdf; Letter to City Of Anaheim on Behalf of Theresa Smith.pdf Ms. Rojas and Ms. Smith, The City is in receipt of your attached letter/records request. The City will respond to your request within 10 -days in accordance with Government Code §6253(c). Please contact me if you have any questions or need additional assistance. Sincerely, Jennifer 1. Haid cmc Assistant City? Clerk Office of the City Clerk City- of Anaheim 714-765-5166 From: Jennifer Rojas cJRojas �j, ad usoca Lo rL> Sent: Wednesday, July 1, 2020 7:17 PM To: Kristin Pelletier <KPelletier--: anaheim.neta; Theresa Bass <TB_ass h,anaheirn.net3 Cc: Theresa Smith ; Annie Banks <annie(b,±usticetearns.Qr; >; Peter Bibring <PBibrin ;;:""aclusocal.org>; Adrienna Wong <AWong@aclusocal.ort;> Subject: Request for records related to the 12/11/09, shooting of Cesar Ray Cruz Dear Ms. Pelletier and Ms. Bass, Please find the attached letter from Theresa Smith and I attached to this email. Please do not hesitate to reach out with any questions. Thank you, Jennifer Rojas, Policy Advocate and Organizer Pronouns: Shell-ler(s) ACLU of Southern California, Orange County Office (714)450-3965 aclusocal.orA I I facebook I I twitter f I blocs 11 app ACLU SoCal: STAND FOR JUSTICE >> Download our mobile app at mobileiusticeca.oro THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. Jennifer L. Hall From: Jennifer Rojas <JRojas@aclusocal.org n Sent: Wednesday, July 1, 2020 6:04 PM To: Jennifer Rojas Subject: FW: California Public Records Act Request. December 11, 2009 shooting of Caesar Ray Cruz Attachments: Anaheim PD website screenshot PRA.jpg ---------- Forwarded message --------- From: Annie Banks eannie iusticeteams.or a Date: Tue, Jan 1, 2019 at 7:23 AM Subject: California Public Records Act Request: December 11, 2009 shooting of Caesar Ray Cruz To: <DBest@anaheim.net>, <K5anVIIan@anaheim.nets, <ARedd @anaheim.net>, cPWillis@a anaheim.net>, cH Mcg hee @ a na heim. net> January 1, 2019 Anaheim Police Department 425 South Harbor Boulevard Anaheim, CA 92805 RE: Request for Public Records Regarding December 11, 2009 shooting of Caesar flay Crux To Whom It May Concern: I request the release of records under the California Public Records Act, Gov't Code §§ 6250 et seq., California Penal Code §§832.7-832.8, and Art. I, § 3(b) of the California Constitution. I seek copies of all records in your office's possession, regardless of who created them. Please provide all records from the date of the above-mentioned incident until the date that this request was received. I seek a copy of all records relating to the report, investigation, findings and administrative discipline related to the December 11, 2009 shooting of Caesar Ray Cruz. Records include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, or whether the officer's action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action. Please respond to this request in ten days, either by providing the requested information or providing a written response setting forth the specific legal authority on which you rely in failing to disclose each requested record, or by specifying a date in the near future to respond to the request. See Cal. Gov't Code § 6255. Pursuant to section 6253, please disclose all reasonably segregable non-exempt information from any portions of records you claim are exempt from disclosure. If any records requested above are available in electronic format, please provide them in an electronic format, as provided in Govt. Code § 6253.9. To assist with the prompt release of responsive material, we ask that you make records available to us as you locate them, rather than waiting until all responsive records have been collected and copied. Please send any documents in electronic format to annie@iusticeteams.org. Otherwise, please mail your response to: Annie Banks Justice Teams Network 1201 Martin Luther King Jr_ Way, Suite 200, Oakland CA 94648 Because I represent a non-profit, public interest organization that intends to freely distribute this information, I request that you waive any fees. North Cty. Parents Assn v. Dep't of Ed., 23 Cal. App. 4th 144, 148 (1994); Cal. Gov. Code §6253(e). However, should you be unable to do so, Justice Teams Network will reimburse your agency for the "direct costs" of copying these records plus postage. If you anticipate these costs to exceed $25.00, please notify me prior to making the copies. Thank you in advance for providing the records we have requested. Please do not hesitate to contact me with any questions regarding this letter. Sincerely, Annie Banks 1. The term "records" as used in this request is defined as "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics." Cal, Govt. Code § 6252, subsection (e). "Writing" is defined as "any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored." Cal. Govt. Code § 6252 (g) - Annie Banks Administrative Coordinator Justice Teams Network annie@ i usticetea ms.o r cell) Pronouns: ShefThey/Her I q Q � 3 M\ q % %\ ■ � > k/ J 21- 06 06 2 ■ /C) £ k to J '■ < q Q � 3 q ■ � 2 £ § � � 2 ■ 2 @ E v R / / 2 \ 2 ■ ± ■ © \ f item # .,,..,:�• majority of City distributed to Council within Public Comment 72 hours of - ' _ meeting. — From:Public Comment Sent: Tuesday, July 14, 2020 827 PM To: Harry Sidhu (Mayor); Stephen Faessel; Denise Barnes; Jordan Brandman; Jose Moreno; Lucille Kring; Trevor O'Neil Cc: Amanda Edinger; Annie Mezzacappa; Arianna Barrios (arianna@communicationsiab.co#n); Cynthia Ward; Daniel Fierro (daniel@presidiosc.corn); David Belrner; Gregory Garcia; Helen Myers; Justin Glover; Karen Romero Estrada; Kristin Pelletier; Lisa Hughes; Marisol Ramirez; Nana Bartash; Robert Fabela; Samantha Saenz; Sarah Ba-tczak; Theresa Bass Subject: FW: Yes for an admission $1.00 tax From: Kelly Ibarra Ekelly.ibarra62@gmail.com> Sent: Tuesday, July 14, 2020 8:26 PM To: Public Comment <publiccomment@anaheim.net> Subject: Yes for an admission $1,00 tax I'm fourth generation to Anaheim and haven't been able to wrap my head around the fact on why the city of Anaheim would EVER be tight on money because of all that we have in the city to profit on. Yes, even adding a $1.00 city tax on every Disneyland ticket sold would be an ideal benefit for the commnunity. Thank you, Kelly Ibarra 4? item # ,N, - r -''' Distributed to majority of City Council within Public Comment 72 hours of' 1 meeting. From: Edgar Arellano <edgararellanoea@gmail-corn Sent: Tuesday, July 14, 2020 8:34 RM To: Public Comment; Harry Sidhu (Mayor); Jordan Brandman; Jose Moreno; Trevor O'Neil; Lucille Kring; Denise Barnes Subject: Is the mayor veli He's had a dry cough all night during council meeting From: To: Public Comment Subject: Public Hearings Comments Date, Monday, July 13, 2024 6;31:32 PM Attachments: Pub] EcHearings Comments. ndf Attached Public Hearings (2) Comments for the July 14, 2020 council muting. Anaheim Council Public Hearing Comments for July 14, 2020, For Each Public Hearing, Agenda Items # 24 & # 26 VIA EMAIL TO; publiccomment(a-),anaheim.net FROM: Home Owners Maintaining our Environment :.4.. It is outrageous to have Public Hearings without first allowing public speakers the rights to be present at the hearing and listen to the opening hearing presentations, prior to the public comments session. Without the public allowed to speak by phone or in person, the Public Hearings would not be public or legal. Having the Public Hearing Comments made in writing prior to the Anaheim council meeting is ridicules. At the start of a legitimate Public Hearing, the moving party gives their arguments before the Public Comments. Based on those opening arguments, if given or not, indications for comments are made if the matter is to benefit the City of Anaheim, or only to benefit the moving parties and the financial wealth* of the council members. At the beginning of a legitimate Public Hearing, each voting council member must disclosed by law to the public if they had prior contact and discussions with the moving party concerning the matter of the Public Hearing. This state law was made to alert the public of the possibilities of secret future bribes, kickbacks, or other deals being made to entice a favorable vote from a council member. When all the council members are able to state they did not meet with any of the moving parties, the public can be assured that the hearing matter should be taken as a whole to benefit the City of Anaheim. That would make taking the time to speak at a Public Hearing almost unnecessary. Therefore Comments must be made duriny the Hearing, not prior in writing.. Another indication of corruption is why there were three Public Hearings scheduled all at once for a council meeting where the public are not allowed to be present. These three Public Hearings should be rescheduled to a future council meeting that may be open to the public. *Past Anaheim councilmembers had questionable increases in their personal wealth from serving on the Anaheim City Council. Examples are Tom Tait with his promoting the 1998 $500 million rebate of our tax money to Disneyland for California Adventure, and the current mayor in the 2012 hotel rebate deal of about $156 million for his fellow countryman, a Mr. Patel. From: To: Public Comment Subject: Public Hearings Comments Date, Monday, July 13, 2024 6;31:32 PM Attachments: Pub] EcHearings Comments. ndf Attached Public Hearings (2) Comments for the July 14, 2020 council muting. Anaheim Council Public Hearing Comments for July 14, 2020, For Each Public Hearing, Agenda Items # 24 & # 26 VIA EMAIL TO; publiccomment(a-),anaheim.net FROM: Home Owners Maintaining our Environment :.4.. It is outrageous to have Public Hearings without first allowing public speakers the rights to be present at the hearing and listen to the opening hearing presentations, prior to the public comments session. Without the public allowed to speak by phone or in person, the Public Hearings would not be public or legal. Having the Public Hearing Comments made in writing prior to the Anaheim council meeting is ridicules. At the start of a legitimate Public Hearing, the moving party gives their arguments before the Public Comments. Based on those opening arguments, if given or not, indications for comments are made if the matter is to benefit the City of Anaheim, or only to benefit the moving parties and the financial wealth* of the council members. At the beginning of a legitimate Public Hearing, each voting council member must disclosed by law to the public if they had prior contact and discussions with the moving party concerning the matter of the Public Hearing. This state law was made to alert the public of the possibilities of secret future bribes, kickbacks, or other deals being made to entice a favorable vote from a council member. When all the council members are able to state they did not meet with any of the moving parties, the public can be assured that the hearing matter should be taken as a whole to benefit the City of Anaheim. That would make taking the time to speak at a Public Hearing almost unnecessary. Therefore Comments must be made duriny the Hearing, not prior in writing.. Another indication of corruption is why there were three Public Hearings scheduled all at once for a council meeting where the public are not allowed to be present. These three Public Hearings should be rescheduled to a future council meeting that may be open to the public. *Past Anaheim councilmembers had questionable increases in their personal wealth from serving on the Anaheim City Council. Examples are Tom Tait with his promoting the 1998 $500 million rebate of our tax money to Disneyland for California Adventure, and the current mayor in the 2012 hotel rebate deal of about $156 million for his fellow countryman, a Mr. Patel. From: To: Public Comment Subject: Public Hearings Comments Date, Monday, July 13, 2024 6;31:32 PM Attachments: Pub] EcHearings Comments. ndf Attached Public Hearings (2) Comments for the July 14, 2020 council muting. Anaheim Council Public Hearing Comments for July 14, 2020, For Each Public Hearing, Agenda Items # 24 & # 26 VIA EMAIL TO; publiccomment(a-),anaheim.net FROM: Home Owners Maintaining our Environment :.4.. It is outrageous to have Public Hearings without first allowing public speakers the rights to be present at the hearing and listen to the opening hearing presentations, prior to the public comments session. Without the public allowed to speak by phone or in person, the Public Hearings would not be public or legal. Having the Public Hearing Comments made in writing prior to the Anaheim council meeting is ridicules. At the start of a legitimate Public Hearing, the moving party gives their arguments before the Public Comments. Based on those opening arguments, if given or not, indications for comments are made if the matter is to benefit the City of Anaheim, or only to benefit the moving parties and the financial wealth* of the council members. At the beginning of a legitimate Public Hearing, each voting council member must disclosed by law to the public if they had prior contact and discussions with the moving party concerning the matter of the Public Hearing. This state law was made to alert the public of the possibilities of secret future bribes, kickbacks, or other deals being made to entice a favorable vote from a council member. When all the council members are able to state they did not meet with any of the moving parties, the public can be assured that the hearing matter should be taken as a whole to benefit the City of Anaheim. That would make taking the time to speak at a Public Hearing almost unnecessary. Therefore Comments must be made duriny the Hearing, not prior in writing.. Another indication of corruption is why there were three Public Hearings scheduled all at once for a council meeting where the public are not allowed to be present. These three Public Hearings should be rescheduled to a future council meeting that may be open to the public. *Past Anaheim councilmembers had questionable increases in their personal wealth from serving on the Anaheim City Council. Examples are Tom Tait with his promoting the 1998 $500 million rebate of our tax money to Disneyland for California Adventure, and the current mayor in the 2012 hotel rebate deal of about $156 million for his fellow countryman, a Mr. Patel.