Title
Subject: Declaration of a Local Emergency due to AIDS epidemic
From: Office of the City Attorney
Recommendation: Adopt a Resolution renewing and continuing the City Council's Declaration of a Local Emergency due to the existence of a critical public health crisis with regard to the AIDS epidemic
body
Approv dt Form and Legality
P,QV Os 'o r
OAKLAND CITY COUNCIL
RESOLUTION No. C. M. S. Ll CityAttorney
RESOLUTION RENEWING AND CONTINUING THE CITY
COUNCIL'S DECLARATION OF A LOCAL EMERGENCY
DUE TO THE EXISTENCE OF A CRITICAL PUBLIC
HEALTH CRISIS WITH REGARD TO THE AIDS EPIDEMIC
WHEREAS, nationally, thirty-two percent (32%) of all adult / adolescent
AIDS cases are related to intravenous ("IV") drug use and seventy-one percent (71%) of
female AIDS cases are linked directly or indirectly to IV drug use; and
WHEREAS, of all the pediatric AIDS cases related to a mother with or at
risk for HIV infection, seventy percent (70%) of such cases are directly related to
maternal exposure to HIV through IV drug use or sex with an IV drug user; and
WHEREAS, according to the HIV / AIDS Epidemiology Report for
Alameda County dated June 2000, fifty-eight percent (58%) of the 5,725 persons who
have been diagnosed with AIDS in Alameda County reside in the City of Oakland; and
WHEREAS, as of June 2000 there were 1,291 people living with AIDS in
the City of Oakland; and
WHEREAS, according to the HIV / AIDS Epidemiology Report for
Alameda County dated June 2000, twenty percent (20%) of the males living with AIDS
are IV drug users and forty-six percent (46%) of the females are IV drug users; and
WHEREAS, the twin epidemic of IV drug use and AIDS / HIV are
overwhelming our help care systems are having a devastating impact upon the public
health and safety of our citizenrT and
WHEREAS, the high rate of HIV infection among IV drug users threatens
to increase the number of HIV-infected persons unless steps are taken to stem the
spread of the disease; and
WHEREAS, a high rate of HIV infection among IV drug users causes the
spread of AIDS among people who are the sex partners of IV drug users; and
WHEREAS, the September 1993 report entitled "The Public Health
Impact of Needle Exchange Programs in the United States and Abroad". based on a
study commission by the Center for Disease Control and Prevention, concluded that the
data suggest that needle exchange programs can prevent significant numbers of
Item _10-40!@
ORA/Council
July 15, 2003
infections among clients of the programs, their drug and sex partners and their offspring
and the data provide no evidence that needle exchange programs increase the amount
of drug use by needle exchange program clients or change overall community levels of
injection and non-injection drug use; and
WHEREAS, the aforesaid September 1993 report based on a study commissioned by
the Centers for Disease Control and Prevention recommends that states repeal
paraphernalia laws as they apply to syringes, that the federal government repeal the
ban on the use of federal funds for needle exchange services and that local
governments and communities develop a comprehensive approach to preventing HIV in
IV drug users, their sex partners and their offspring that should include needle
exchange programs and the expansion of drug treatment services; and
WHEREAS, other jurisdictions in the Bay Area, namely, the City of Berkeley, the City
and County of San Francisco, and 'the County of Marin have recognized the gravity of
the AIDS epidemic by declaring that a local emergency exists in their jurisdictions with
regard to the transmission of the HIV virus; and
WHEREAS, the City Council of the City of Oakland has declared its support of needle
exchange programs as a strategy to assist in the effort to limit the spread of the HIV
'Al DS epidemic; and
WHEREAS, the City Council passed Resolution No. 70644 C.M.S. on December 14,
1993, declaring a local emergency with regard to the AIDS epidemic; and
WHEREAS, the California State Legislature passed and the Governor signed into law
Assembly Bill 136 which amended the California Health and Safety Code to provide an
exemption from criminal prosecution for public entities, their agents and / or employees
for distribution of hypodermic needles or syringes to participants in clean needle and
syringe exchange projects authorized by the public entity pursuant to a declaration of a
local emergency due to the existence of a critical local public health crisis; now.
therefore be it
RESOLVED: That the City Council of the City of Oakland finds and proclaims that a
local emergency exists due to a critical local public health crisis regarding the AIDS
epidemic and the transmission of HIV infection through contaminated hypodermic
needles and pursuant to Government Code section 8630 does so declare; and be if
further
RESOLVED: That the City Council of the City of Oakland hereby proclaims and orders
that a local emergency continues to exist within the City of Oakland which led to the
enactment of its December 14, 1993 local emergency declaration, pursuant to
Resolution No. 70644 C.M.S., and the emergency will continue until its termination is
proclaimed and ordered by the City Council, and will be reviewed every 14 days by the
City Council pursuant to Government Code section 8630, and be it further
RESOLVED: That the City Clerk shall communicate this resolution to all City
Departments, to the President Pro Tempore of the California Senate and the Speaker of
the California Assembly, to the Alameda County District Attorney, to the California
Congressional delegation and Senators, and to President Bush.
IN COUNCIL, OAKLAND, CALIFORNIA, 2003
PASSED BY THE FOLLOWING VOTE:
AYES- BROOKS, BRUNNER, CHANG, NADEL, QUAN, REID, WAN and PRESIDENT
DE LA FUENTE
NOES-
ABSENT-
ABSTENTION-
ATTEST
CEDA FLOYD
City Clerk and Clerk of the Council
of the City of Oakland, California
hem-0-4m,
ORAICOuDdl
july 15, 2003