Video summary
The Capitola City Council convened a special meeting on September 3rd, 2026, to address the impending expiration of a crucial local ordinance regarding drug and sharps disposal. This existing program, established in 2016 under Chapter 8.40 of the Municipal Code, was designed to require manufacturers to fund the collection and disposal of medications and medical sharps. The initiative has been successfully operated by the nonprofit Med Project since 2017, providing mail-back options and collection receptacles at various city locations, including City Hall. However, due to a ten-year sunset provision embedded in the original legislation, the local ordinance is set to expire on September 8th, which would force the city to revert to the statewide program managed by Cal Recycle unless action was taken immediately.
The primary argument presented for this emergency session was that reverting to the state program would result in significant operational changes and potential service gaps. Under the statewide model, compliance is handled at the county level rather than individually by each city, and the program primarily relies on mail-back services without maintaining local drop-off sites for sharps. Furthermore, the county has indicated that they are still working on long-term plans for sharps collection in areas where their ordinances have already lapsed, meaning there could be a lack of immediate transition support. Council members expressed concern that losing the local program would remove an asset currently used by residents and public safety departments to direct proper disposal methods, potentially disrupting a service that has functioned effectively for over a decade.
To prevent this lapse, the council moved forward with adopting an urgency ordinance to amend Chapter 8.40 and remove the expiration language from Section 8.40.150G. This legislative maneuver allows the city to retain its independent program while simultaneously introducing a regular ordinance that will undergo its second reading at the next meeting. During the discussion, it was revealed that neither the city nor the county of Santa Cruz had been aware of the sunset provision until recently, leading to a coordinated effort to inform other jurisdictions about the potential risks. The urgency measure ensures continuity of the current system, which is funded by manufacturers and supported by local law enforcement, while providing time for the permanent ordinance to be fully processed without interruption.
The motion to adopt the urgency amendment passed unanimously with all council members voting in favor, securing the continuation of Capitola's safe drug and sharps disposal requirements. Council members praised the program as a vital resource for residents, citing personal experiences using the service and noting its importance for public safety operations. By successfully extending the local ordinance through this emergency process, the city avoided being forced into a mail-back-only system that lacks local drop-off points for sharps. The meeting concluded with gratitude toward the staff and attendees for their efforts in resolving the oversight before it impacted community services, ensuring that Capitola residents can continue to utilize the established collection sites and mail-back options without delay.
Read the full video transcript
All right,
welcome to this special meeting 4 PM
September 3rd, 2026. May we have a roll
call?
>> Council member Clark
>> here.
>> Councelor Westman
>> here.
>> Vice Mayor Jensen
>> here.
>> And Mayor Morgan
>> here.
>> Any uh additional materials?
>> Yes. staff received one uh email for
item 3A. In addition, right before the
meeting began, we did receive another
email for item 3A. I did not have time
to include it in the packet prior to the
meeting starting, but I will update the
packet with it as soon as the meeting is
over. And then we also had one piece of
correspondence for item four, oral
communications.
>> Great. Thank you.
Just a note, we will be taking oral
communications after general government
today as we are on a time constraint. So
item 3A, chapter 8.40, capital of
municipal code. We have our attorney
here and Jessica. Sorry.
All right. This evening we are or this
afternoon we are considering an urgency
ordinance for Capitol Municipal Code
Chapter 8.40 40 which is in relation to
drugs and sharps uh disposal. Um so a
little bit of background, we have an
existing program that dates back to
2016. The county did a countywide u
coalition to uh adopt uh similar
ordinances across the county that
requires manufacturers to fund
collection and disposal of meds and
sharps. Uh at this time there was no
state program so it's a little bit ahead
of its time. The Med Project has been
operating this program since 2017.
They're a nonprofit that's also
contracted with the state to do similar
work uh statewide. They provide mailback
options for drugs and startups and then
collection receptacles at
participatingies. And then we also have
a drugs collection receptacle at city
hall. Next slide please.
Um so again since uh that 2016 ordinance
in 2017 program startup in 2018 the
state adopted SB212
which uh really performs a lot of those
same functions statewide that is run by
Cal Recycle. Uh part of that law was
that any ordinance that was in effect
before 2018 could remain within effect
if it qualified. Our ordinance does
qualify. It only continues to qualify.
It remains continuous. So, if our
ordinance was to lapse, uh we would not
be able to adopt a new ordinance. We
would just be part of the statewide
program. If for some reason our um
ordinance did lapse or we allowed it to
lapse, um the statewide service has they
have 270 days to start up uh drugs and
straps collection services within the
city under that program. Next slide.
Um so, all of our ordinances, the
counties and all the cities included
this 10ear sunset provision. Ours uh
expires on the 8th of September, which
is why we're doing this here this
evening. Scots Valley's lapses in
December and then Watsonville early next
year. The county and city crew and city
and county of Santa Cruz's ordinances
have already expired um earlier this
year. They have been defaulted to the
state program. A lot of the collection
materials within the city and county for
sharps specifically have been removed
from those sites. Um and they there was
no transition plan in place and so it is
my understanding that there is still
it is they're still working on their
long-term operations for collections of
sharps in the county and city of Santa
Cruz. Slide.
Um so our local program so that's under
a current ordinance requires the uh
on-site collection and prepaid mailback
options of both drugs and sharps and
those disposal containers. and the
program is paid by the manufacturers of
these products. Uh similarly, the
statewide program is paid by the
manufacturers of those products.
However, the compliance is considered
count by county. So, each city doesn't
have their own program. It's a
countywide. Um it's a per capita. They
need to have so many receptacles or
programs. Um, and so their sharps
program is exclusively, it's my
understanding, a mailback program or at
least primarily a mailback program that
they do not hold on to, they do not have
sharps containers just for drop off
atarmacies or anywhere else in the
statewide program. Um, some you are able
to host a site. I know a county outside
of both their old ordinance and the
current state has a few drop off sites
um I believe near the county building
that they pay for and are collected by
the med project but those are things
that the city pays for out of I believe
county health services. Next slide.
Um so the proposal this afternoon is to
remove just that 10-year exemption
language. So, no other changes to the
program which the city attorney could
answer questions on uh how that
preserves our uh pre 2018 ordinance. Um
and so the method here would be to adopt
this urgency ordinance today to also
introduce the regular ordinance today
and have our second reading at our
following council meeting and then that
urgency ordinance would remain to effect
until the permanent ordinance uh goes
through is in effect. And so on the next
slide is just the recommended action
that was considered in your agenda
packet. On the line we have uh Darcy who
is with the um county of Santa Cruz and
runs their program who may be able to
attest or provide any insight on what's
been happening over there and I am also
available for questions. Thank you.
>> Thank you so much. Any questions going
on?
>> Um just my question was and sorry if I
missed it. We just haven't had a lot of
time to uh review it, but the program we
have in place right now is funded by
>> the producers of the sharps and
medications. So, it's an industry funded
program
>> and so um I guess you'll get into but
the county and the city opted out so
they're not a part of that. So they have
to figure out or go to the state program
here. I'm I'm just confused what the why
they want to continue this same
ordinance. I'm am I miss seems like an
obvious thing to do. So I'm I'm just
confused by why I'm missing.
>> It seems to have been an oversight. Um I
would assume and I think Darcy might be
able to talk to it for the county that
they would have preferred to stay with
their ordinance and their program.
>> And um what about from our PD
department? like have they weighed in on
how this works for them? I mean, is it
something that they also assist or
direct people to and it's an asset to
them?
>> I believe so. They definitely are able
to direct people to where to dispose of
their drugs and sharps. And often those
questions do come to the police
department.
>> And then just one last, how many
collection points do we have in capital
then of those red things?
>> There's five different sites, two of
which have sharps.
>> Thank you.
>> Great. Thank you. I don't have any
questions right now, so we can go to
public comment, but I don't see any. Um,
so we can come back to Oh,
>> did you hear from the county?
>> Oh, yeah.
>> Would you have county Darcy?
>> Oh, yeah. Is she on
>> I believe is on is on Zoom and I think
>> Oh, perfect. Yeah.
>> She may be able to shed a little bit
light on the county's plans.
>> Great. That'd be awesome.
Yeah, the county um we were not aware um
because it's been 10 years since we
passed the ordinance. We were not aware
that there was a 10-year sunset
provision. And so it caught us a little
by surprise. And that was why we let
other jurisdictions know that they were
potentially going to lose their programs
if the lapse were to occur because the
language is the same in all the
ordinances that were adopted countywide.
So no, we we wouldn't have allowed it to
labs had we realized.
>> Great insight. Thank you.
>> Any other thoughts?
>> Um, well, for me, I think this program's
worked really well for the city and for
the residents. I know for myself, I
actually used it not too long ago when I
was cleaning out a medicine cabinet. So,
I think it's a great thing to have. So,
um, I'm happy to move make a motion if I
don't want to cut off anyone else's
comments, but, uh, I would make a motion
to adopt an urgency ordinance amending
chapter 8.40
of the Capitol Municipal Code to remove
the expiration language in section
8.40.150G.
So, the city's safe drug and sharp
disposal requirements remain in effect.
And to introduce for the first reading,
waving further reading an ordinance
amending chapter 8.40 of the municipal
code to remove the exploration language
in section 8.40.15g.
I will second that and add a comment
that I was still working at the
sheriff's office when we started it and
it's a huge program. It's going to be
hard because people show up every day. I
just hope they don't refer them to the
city of Capitol, but I'm I'm grateful
that we're not missing out. So, I'll
second.
>> Great. Thank you. We have a first and
second move. A roll call.
>> Council member Clark.
>> I Westman.
>> I.
>> Vice Mayor Jensen.
>> I.
>> Mayor Morgan.
>> I. Thank you. That passes unanimously.
Um, I know council member Clark has a
engagement to get to, but I would like
to open it to public comment
on anything not on today's agenda, but I
don't see anybody. Um, so we can go to
item five, which is adjournment. Thank
you all for making this happen.