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6445ORDINANCE NO. 6 4 4 5 AN URGENCY ORDINANCE OF THE CITY OF ANAHEIM ADOPTING AN INTERIM MEASURE IMPOSING A MORATORIUM ON THE ESTABLISHMENT OF NEEDLE EXCHANGE PROGRAMS WITHIN THE CITY OF ANAHEIM. WHEREAS, on July 31, 2018, the City Anaheim (City) was notified that the California Department of Public Health (CDPH) authorized the Orange County Needle Exchange Program ("OCNEP") to provide mobile needle exchange services in the City of Anaheim commencing on August 6, 2018; and WHEREAS, in 2016 OCNEP was certified by CDPH to provide needle exchange services in the Santa Ana Civic Center. A Memorandum of Understanding between the City of Santa Ana and OCNEP provided for OCNEP to operate a needle exchange program in the City of Santa Ana. In 2017, the City of Santa terminated that needle exchange program due to the public health threat posed by a sharp increase in improperly discarded syringes in the Santa Ana Civic Center and Santa Ana Library; and WHEREAS, improper collection and disposal of used hypodermic needles and syringes in inimical to, and presents an imminent threat to, the health, property, safety and welfare of the public; and WHEREAS, while the City recognizes that properly located and regulated needle exchange programs may help prevent the spread of blood-borne diseases, regulation and approval of locations must occur at the local level to avoid the location of such programs near schools, parks and playgrounds and to mitigate the demonstrated negative effects of needle exchange programs, including, but not limited to, the improper disposal of syringes and congregation of persons addicted to drugs near schools, parks and playgrounds; and WHEREAS, according to the notification received by the City from CDPH, OCNEP is certified to be operate a mobile needle exchange program in a large block area that currently consists of multi -family, industrial, commercial and public recreational uses; and WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution and Section 400 of the Charter of the City of Anaheim, the City Council of the City of Anaheim has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents; and WHEREAS, Government Code Section 38771 authorizes the City, through its legislative body, to declare actions and activities that constitute a public nuisance; and WHEREAS. the Anaheim Municipal Code sets forth all the regulatory and penal ordinances and certain of the administrative ordinances of the City. As to the use of land use, and of buildings thereon, Title 18 (Zoning) of the Anaheim Municipal Code is intended to 1 promote the growth of the City in an orderly manner and promote and protect the public health, safety, peace, comfort and general welfare in conformance with the City's General Plan; and WHEREAS, needle exchange programs are not an enumerated use under the Zoning Code and the Anaheim Municipal Code does not specifically address or regulate needle exchange programs within the City of Anaheim; and WHEREAS, absent sufficient local regulation, a needle exchange program may be operated in locations where the impact of such operations has greater negative impacts on the public health and welfare than other locations; and WHEREAS, the operation of a needle exchange program carries the risk of negatively impacting the Goals of the Land Use Element of City's General plan including but not limited to (1) Goal 1.1, which is related to preserving and enhancing the quality and character of Anaheim's neighborhoods; and (2) Goal 4.1, which is related to ensuring that uses are compatible and integrated with surrounding land uses to minimize impacts to those surrounding uses; and WHEREAS, the operation of a needle exchange program carries the risk of negatively impacting the Goals of the Safety Element of City's General plan including but not limited to Goal 4.1, which is related to decreasing the risk of exposure for life, property and the environment to hazardous materials and hazardous waste; and WHEREAS, based on the foregoing facts and the facts presented to the City Council at the meeting at which this Ordinance was introduced and adopted, the City Council finds that the commencement, establishment and/or operation of a needle exchange program prior to the City's completion of its study of the legality, potential impacts and regulation of such a program, would pose a current and immediate threat to the public health, safety or welfare, and that a temporary moratorium on the issuance of permits, variances, building permits, business licenses, certificates of occupancy, and any other applicable entitlements is therefore necessary; and WHEREAS, this Ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City by Government Code Section 65858, and is for the immediate preservation of the public health, safety and welfare. The facts constituting the urgency are: 1. The California Department of Public Health has authorized a mobile needle exchange program in the City at locations that are in conflict with the City's General Plan and Zoning Code; 2. Absent the adoption of this Ordinance, the establishment of a needle exchange program in the City without any City study, planning or input as to the location, duration or frequency of the services offered pursuant to the program may result in an increase in nuisance conditions negatively affecting the well-being of the community, thereby diminishing property values and introducing incompatible land uses to existing neighborhoods or in close proximity thereto; and 2 3. Absent the adoption of this Ordinance, the establishment of a needle exchange program in the City without City study, planning or input may increase the burden upon City services due to enforcement of the established standards and regulations relating to needle exchange programs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and 15061(b)(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 State CEQA Guidelines. SECTION 2. The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Based on those facts, the City Council finds, determines and declares that this Ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety pursuant to, and as authorized by, Section 65858(a) of the California Government Code and Section 511 of the Anaheim City Charter. Accordingly, this Ordinance shall become effective immediately upon adoption. SECTION 3. In accordance with the authority granted to the City of Anaheim by California Government Code Section 65858 and Sections 504 and 511 of the Anaheim City Charter and for the reasons set forth herein above, commencing as of the effective date of this Ordinance and continuing thereafter for a period of forty-five (45) days to and including October 12, 2018, the the establishment of any and all types of clean needle and syringe exchange projects, including but not limited to those authorized pursuant to Chapter 18 of Part 4 of Division 105 of the California Health & Safety Code, is prohibited in the City of Anaheim. SECTION 4. No person (as defined in 1.01.240 of the Code) shall commence or establish a needle exchange program within the City limits of the City of Anaheim during the period this Ordinance is in effect. SECTION 5. No property in any zone of the City is to be used for purposes of a needle exchange program during the period this Ordinance is in effect. The use of any property for such purpose shall be a public nuisance. A violation of this Ordinance shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief as well as any other available civil remedies. SECTION 6. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 7. The City Manager shall direct the preparation of a report required by paragraph (d) of California Government Code Section 65858 describing the measures taken to alleviate the condition, which led to adoption of this Ordinance for presentation to the City Council no later than ten (10) days prior to the expiration of this Ordinance. SECTION 8. This Ordinance shall become effective immediately upon adoption if adopted by at least a four-fifths (4/5) vote of the total members of the City Council and shall be in effect for forty-five (45) days from the date of adoption, unless extended by the City Council as provided in California Government Code Section 65858. SECTION 9. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. 4 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 28 day of August , 2018, and passed and adopted as an urgency measure on that date, by the following roll call vote, and shall be and become effective immediately: AYES:Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: //Z4�n (//, MAYOR OF THt CITY OF ANAHEIM ATTE i CITY CLERK OF THE CITY OF ANAHEIM 129155 / LM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM CLERK'S CERTIFICATE ss. I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6445 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 28th day of August, 2018 and that the same was duly passed and adopted as an urgency measure on that date, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of August, 2018. 4 �-Oje CITY CLERK OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 714-796-2209 5190168 ANAHEIM,CITY OF/CLERKS OFF 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 FILE NO. Ordinance 6445 AFFIDAVIT OF PUBLICATION -- STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 09/06/2018 certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: September 06, 2018. Signature PROOF OF PUBLICATION Legal No. 0011168513 SUMMARY PUBLICATION C(TYOPANAHEIM QRDINACE N.O. b445 AN URGENCY ORDINANCE OF THE CITY OF ANA- HEIM ADOPTING AN INTERIM MEASURE IMPOSING A MORATORIUM ON THE ESTABLISHMENT OF NEE- DLE EXCHANGE PROGRAMS WITHIN THE CITY OF ANAHEIM. Ordinance No. 6445 is an urgency ordinance imposing a temporary moratorium, commencing from and after the adoption of Ordinance No. 6445 and continuing to and including October 12, 2018, prohibiting the commencement or establishment of a needle exchange program in the City of Anaheim, including but not limited to those programs authorized pursuant to Chapter 18 of Part 4 of Division 105 of the Call f0mia Health & Safety Code, Furthermore, Ordinance No. 6445 deems the use of any property in any zone of the City of Anaheim for the pur- poses of a needle exchange progromrdUF tg the period Ordinance No. 6445 is effect, to be a public nuisance. Ordintu leo. i Ifa1('fake effect immediately as an urgency measure and shall remain in full force and effect for a period of forty- five (45) days after the date of adoption, or until sooner repealed, un- iless extended by the adoption of a subsequent ordinance in accord- once with California Government Code Section 65858. 1, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certi- fy that the foregoing is a summary of Ordinance No. 6445, which ordl. nance'was introduced, passed and duly adopted :at a regular meeting of the City Council of the City of Anaheim on the 28th day of August, 2018 by the following roll call vote of the members thereof: AYES: , Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Foessel NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the subiect matter con- tained in the text of Ordinance No. 6445, which has been prepared pur. suant to•Section 512 of the Charter of the City of Anaheim. This sum- mary does not include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordi- nance. To obtain a copy of the full text of the eace,,teQse contact the Office of the City Clerk,.(714),JU51 , etween 8:00 AM and 5:00 PM, Monday through Friday. There is nachargeforthe copy. Published Anaheim Bulletin September 6,2018 11168513 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6445 and was published in the Anaheim Bulletin on the 6t" day of September, 2018. MIW (SEAL)