Oakland, CA Recognizing Critical Public Health Crisis with Regards to the AIDS Epidemic

Type: Resolution
Status: Adopted on 2/7/07
Vote: Unanimous
Source File: http://clerkwebsvr1.oaklandnet.com/attachments/15562.pdf
Text:
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, according to the Center for Disease Control's (CDC) 2003
HIV/AIDS Surveillance Report, twenty-four percent (24%) of all male adults/adolescent AIDS
cases and twenty-five percent (25%) of all female adult/adolescent AIDS cases are related to
intravenous drug use (IDU); and
WHEREAS, according to the same report, of all the pediatric AIDS cases related to a
mother with or at risk for HIV infection, fifty-six percent (56%) of such cases are directly related
to maternal exposure to HIV through IDU or sex with someone using intravenous drug; and
WHEREAS, according to the Alameda County Health Profile of June 2004, fifty-eight
percent (58%) of the 6,383 persons who have been diagnosed with AIDS in Alameda County
reside in the City of Oakland; and
WHEREAS, according to the 2003 Alameda County AIDS Epidemiology Report, as of
2003 there were 3,839 people living with AIDS in the City of Oakland; and
WHEREAS, according to the same report, thirteen percent (13%) of the males and forty three
percent (43%) of the females were exposed to HIV through IDU; and
WHEREAS, the twin epidemic of IDU and AIDS/HIV are overwhelming our health care
systems are having a devastating impact upon the public health and safety of our citizenry; and
WHEREAS, the high rate of HIV exposure and infection through IDU 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 exposure through IDU causes the spread of AIDS among
people who are the sex partners of 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 date suggests that needle exchange
programs can prevent significant numbers of infections among clients of the programs, their drug
and sex partners and their offspring and the date 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 study commissioned by the
Centers for Disease Control and Prevention recommends that states repeal paraphernalia laws as
they apply to syringes, that the general government repeal the ban on the use of federal funds for
needle exchange services and that the local governments and communities develop a
comprehensive approach to the 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 local emergency exist 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/AIDS
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 project
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 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 it 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.
Category:California
Category:City Governments
Category:Health
Category:Oakland
Category:Resolutions