AGENDA REPORTCITY OF OAKLAND
Honorable Mayor and Members of the
City Council
FROM: Edward D. Reiskin
City AdministratorTO:
DATE: Decern ber 16, 2 021SUBJECT: Proof Of Vaccination Emergency Ordinance-Supplemental Report
RECOMMENDATION
Staff Recommends That The City Council Receive a Supplemental Report Related to An Emergency Ordinance Adding Oakland Municipal Code Chapter 8.68 To Require Proof Of A Covid-19 Vaccination For Patrons At Various Indoor Public Locations.
EXECUTIVE SUMMARY
While broadly supporting efforts to increase vaccination in the community, the Administration has some significant concerns with the City undertaking this proposed public health regulation, particularly as broadly drafted. Staff recommends that the Council engage with County health officials to achieve the laudable ends intended by this proposal, instead of legislating at the City level. If the Council desires to proceed with the Ordinance, staff recommends providing resources for implementation/enforcement, removing City facilities from those covered by the ordinance, and removing the proof of identify requirement.
REASON FOR SUPPLEMENTAL
The Emergency Ordinance, as it appeared in the December 10, 2021 City Council agenda packet, raises a number of concerns staff is bringing to the attention of the City Council as it considers this item.
BACKGROUND / LEGISLATIVE HISTORY
On November 18, 2021, the Rules Committee scheduled this emergency ordinance to the December 21, 2021 City Council meeting. The report and proposed legislation were included in the December 10, 2021 City Council agenda packet.
City Council
December 21,2021
Edward D. Reiskin, City Administrator
Subject: Proof Of Vaccination Emergency Ordinance
Date: December 16, 2021 Page 2
ANALYSIS AND POLICY ALTERNATIVES
Vaccination has proven itself to be the single most effect means of reducing the effects of the pandemic. People who are fully vaccinated, and especially those who have received booster shots, are significantly less likely to become seriously ill or die as a result of contracting the virus.
Alameda County serves as the public health authority for the city of Oakland and the rest of the cities in the county, except for the city of Berkeley. Throughout the pandemic, the City of Oakland has deferred to and followed the public health guidance provided by the County’s Health Officer and Department. The County has led vaccination efforts, and has achieved a nearly 80 percent vaccination rate countywide, albeit with some levels of geographic and demographic disparities. To date, the County has not issued mandates for vaccination along the lines of what this proposed City ordinance would do.
Other cities in California and elsewhere in the country have imposed vaccination mandates for various sectors, though few as broadly applicable as this proposed ordinance. Many of these cities have their own public health authorities, as well as more robust resources for implementation than Oakland has.
While fully supporting efforts to increase vaccination in the community generally, staff has identified a number of concerns that the Council may want to consider as it contemplates this proposed ordinance.
1. Restriction of access to public facilities and services The proposed ordinance, unlike many other such local laws, includes a number of public facilities in its definition of places that would be covered by this ordinance! Those facilities include City Hall (though exempting those attending a public meeting), libraries, senior centers, and recreation centers. Unlike private facilities, such as restaurants and bars, which are commercial facilities people visit as a matter of choice, buildings like libraries provide public services that are meant to be available to everyone and that are unavailable elsewhere.
Vaccines are free and widely available, but not everyone is vaccinated, which means members of the public will not have access to certain City facilities under the proposed ordinance. According to data provided publicly by Alameda County, as of the writing of this report, 75.5 percent of Oaklanders are fully vaccinated, which while better than the national average, means nearly one in four Oaklanders are not vaccinated. For Black and Latinx Oaklanders, the percentage fully vaccinated is roughly 62 percent, which means nearly two out of every five Black and Latinx Oaklanders are not vaccinated.
Beyond proof of vaccination, the proposed ordinance requires proof of identity, which may be another barrier to access City services and facilities, as not all people have such identification.
Restricting access to public services and facilities for that large a proportion of Oaklanders should be weighed against public health benefits. Unlike in bars and Special City Council
December 21,2021
Edward D. Reiskin, City Administrator
Subject: Proof Of Vaccination Emergency Ordinance
Date: December 16, 2021 Page 3
restaurants, people accessing government services are generally not congregating in densely populated indoor spaces and are not eating or drinking, thus are remaining masked. While vaccination is certainly the most effective means of confronting the pandemic, masks have proven to be very effective in limiting transmission, according to public health experts.
Most public facilities that would be impacted by this ordinance as proposed cannot provide alternative accommodations for individuals that would be barred from the facilities.
2. Challenges with enforcement
There are two broad levels of enforcement that would pose challenges: (1) front-line enforcement by those reviewing vaccination and identification credentials and (2) City enforcement against establishments reported to not be complying with the ordinance.
With regard to front-line enforcement, City staff, as well as private sector staff, would be put in a position of asking for and reviewing documents it’s not accustomed to reviewing, and potentially denying entry. Unlike a private establishment, where there is generally a commercial relationship between staff and customer, City staff members’ dynamic relative to the public is purely service-oriented. Public services exist to serve the public, and those such as libraries and recreation centers are meant to provide functions that are not available elsewhere and that the public is explicitly welcomed to enjoy.
Changing the role of staff from welcoming to potentially excluding would represent a significant and uncomfortable departure from the spirit of public service.
The proposed ordinance has various exemptions, age definitions, and other requirements that would be extremely difficult for front-line staff to manage. Asking librarians to determine someone’s age or the validity of a religious or medical exemption is not reasonable nor consistent with their job duties. Nor is refusing entry to someone lacking identification. Additionally, denial of entry/access is likely to generate some level of confrontation, which most staff are not trained to manage.
With regard to City enforcement, current levels of Code Enforcement staff is insufficient to meet daily demands. Adding additional enforcement demand without adding additional resources leaves the City’s Code Enforcement function with the choice of either not enforcing the added law or delaying enforcement of all other laws within its purview. Further, Code Enforcement staff have no training, experience, nor mechanisms to actually enforce this law. Unlike cities and counties that have Health Inspectors, Oakland does not. Oakland’s Code Enforcement Inspectors would have limited means of determining compliance upon receipt of a complaint, even if they had adequate resources to investigate, which they do not.
3. Inconsistency with County Public Health Guidance
As noted above, throughout the pandemic the City has followed the guidance of public health officials, specifically Alameda County, with regard to public health related requirements. Reliance on and consistency with the County has enabled City staff and Special City Council
December 21,2021
Edward D. Reiskin, City Administrator
Subject: Proof Of Vaccination Emergency Ordinance
Date: December 16, 2021 Page 4
leaders to clearly articulate and respond to public inquiries relative to public health measures by reference to public health professionals. This consistency is helpful to those who live, work, and play in Oakland, and helpful to City staff helping the public navigate through what has nationally been a patchwork of public health regulations.
In light of these concerns, staff recommends the following:
1. Consider engaging with County Health authorities with the goal of their establishing a limited, countywide approach, in lieu of a broad, City-specific ordinance.
2. If a City ordinance is approved
a. provide resources for implementation/enforcement
b. exclude City facilities
c. eliminate proof of identify requirement
FISCAL IMPACT
There is no fiscal impact associated with this supplemental report. The proposed ordinance, as drafted, would require some level of staff expenditure associated with education and enforcement, which is not budgeted.
PUBLIC OUTREACH / INTEREST
There was no public outreach associated with this supplemental report, however, there will likely be significant interest in this proposal and its implementation, if approved.
COORDINATION
The City Administrator’s Office engaged with numerous City departments in the review of the proposed ordinance and the development of this supplemental report.
SUSTAINABLE OPPORTUNITIES
Economic: No economic opportunities have been'identified in association with this supplemental report, though some commercial businesses may have concerns about the impact of the proposed ordinance on their businesses.
Environmental: There are no environmental opportunities identified with respect to this report and ordinance.
Race & Equity: There are two areas of concern with regard to race and equity. One is that disproportionate impact that denial of entry to public and private facilities will have on Black and Latinx Oaklanders and visitors based on the current disparate levels of vaccination. The second is that confrontations resulting from denials of access/entry, as well as inconsistencies of front line enforcement, may result in disparate outcomes.
Special City Council
December 21, 2021
Edward D. Reiskin, City Administrator
Subject: Proof Of Vaccination Emergency Ordinance
Date: December 16, 2021 Page 5
ACTION REQUESTED OF THE CITY COUNCIL
Staff Recommends That The City Council Receive a Supplemental Report Related to An Emergency Ordinance Adding Oakland Municipal Code Chapter 8.68 To Require Proof Of A Covid-19 Vaccination For Patrons At Various Indoor Public Locations For questions regarding this report, please contact Ed Reiskin, City Administrator.
Respectfully submitted,
EDWARD D. REISKIN
City Administrator
Special City Council
December 21,2021
AGENDA REPORTCITY OF OAKLAND
FROM: Councilmember Dan Kalb
TO: Members on the City Council and
Members of the Public
SUBJECT: Emergency Ordinance Requiring
Proof of Vaccination
DATE: December 21, 2021
RECOMMENDATION
ADOPT AN EMERGENCY ORDINANCE ADDING OAKLAND
MUNICIPAL CODE CHAPTER 8.68 TO REQUIRE PROOF OF A COVID- 19 VACCINATION FOR PATRONS AT THE FOLLOWING INDOOR
PUBLIC LOCATIONS: (1) ESTABLISHMENTS OR EVENTS WHERE
FOOD OR DRINK IS SERVED INCLUDING RESTAURANTS, BARS,
COFFEE HOUSES, CLUBS, AND BANQUET HALLS; (2)
ENTERTAINMENT VENUES, THEATERS, CONCERT VENUES,
MUSEUMS, AND RECREATION FACILITIES; (3) GYMS, FITNESS
CENTERS AND YOGA STUDIOS; (4) SENIOR ADULT CARE
FACILITIES AND CITY SENIOR CENTER PROGRAMS; (5) DENTAL
OFFICES; (6) PUBLIC LIBRARIES; (7) CITY HALL; AND (8) LARGE
INDOOR EVENTS AT CITY AND PRIVATELY OWNED FACILITIES
EXECUTIVE SUMMARY
This Emergency Ordinance will require patrons and visitors to show proof of vaccination to enter indoor food and beverage establishments, entertainment and recreational locations, gyms and fitness venues, senior adult care facilities and City Senior Center programs, public libraries, dental offices, City Hall, and at large indoor events.
BACKGROUND
COVID-19 has killed over 5.2 million people around the world, over 808,000 in the United States and over 74,000 here in California. In Oakland, we have experienced over 38,000 known cases of COVID-19 leading to over 400 deaths, along with many who have contracted the virus who are having serious and continuing impacts that may last for years.
On August 5, 2021 the State Public Health Officer issued an Order requiring vaccination of workers in ‘high risk’ healthcare settings. On August 11, 2021, the State Public Health Officer Item:
City Council
Dec. 21,2021
Councilmember Dan Kalb - Proof of Vaccination Emergency Ordinance Date: Dec. 9, 2021 Page 2
issued an Order requiring vaccine verification of workers in public and private school settings serving students from transitional kindergarten through grade 12.
On September 28, 2021, the.California State Public Health Officer issued an order requiring the vaccine at all adult care facilities and direct care workers, as adult and senior care facilities and settings where direct care and services are provided, are high-risk settings where COVID-19 transmission and outbreaks can have severe consequences.
The City Administrator implemented a Mandatory Vaccination Policy requiring all City employees to be fully vaccinated no later than November 29, 2021.
The federal Centers for Disease Control (CDC), the California Department of Public Health and the Alameda County Health Officer agree that COVID-19 poses a serious risk, particularly to individuals who are not fully vaccinated.
A number of other cities in California and across the country have implemented various types of proof of vaccinations requirements including the cities of San Jose, Berkeley, San Francisco, Los Angeles, New Orleans, and New York City. Contra Costa County also has instituted a limited proof of vaccination requirement.
This legislation does not weaken any mask requirements that are or may be in place due to orders from the CDC, CA Department of Health, Alameda County Health Officer, City Administrator, or any such masking requirement put in place by a business owner for their business,
ANALYSIS
Medical professionals, scientists, and epidemiologists agree that vaccines are proven the most effective in preventing infection and the subsequent spread of COVID-19 and to reduce hospitalizations and death.
Unvaccinated persons are more likely to get infected and therefore more likely spread the virus.
Most current hospitalizations and deaths are among unvaccinated persons.
The first confirmed case of the COVID-19 Omicron variant in the United States was detected in San Francisco on December 1, 2021. Several cases of the COVID-19 Omicron variant has showed up at Kaiser Medical Center in Oakland.
While nearly 84% of Oaklanders are fully vaccinated, COVID-19 continues to be a serious challenge here in Oakland particularly given the highly contagious delta variant and the spreading omicron variant. Alameda County as a whole has a vaccination rate higher than Oakland.
Item:
City Council
Dec. 21,2021
Councilmember Dan Kalb - Proof of Vaccination Emergency Ordinance Date: Dec. 9, 2021 Page 3
The California Department of Public Health issued recommendations for Californians to protect themselves from COVID-19 and the Delta and Omicron variants including by getting vaccinated! Some experts are predicting a steep rise in cases this winter.
This Emergency legislation would require proof of vaccination when visitors are patronizing ay of the following establishments:
1. Restaurants, bars, coffeehouses etc.
2. Entertainment venues, concert venues, etc.
3. Gyms, fitness studios, etc.
4. Assisted Living Facilities and Senior Centers
5. Dental offices
6. Public Libraries
7. City Hall
8. Large Indoor Events
All adults would be required to show a proof of vaccination along with some form of ID to match the vaccination proof document. Children ages 12-17 would also have to show some proof of vaccination, but would not be require to show identification. A doctor-verified medical exemption in conjunction with a recent negative COVID test would be allowed. Further, for City Hall, Libraries and Dental offices, proof of recent negative COVID test can be used in lieu of proof of vaccination regardless of exemption status.
This proof of vaccination effort is designed to increase the vaccination rate in Oakland, decrease the likelihood of someone who has contracted COVID-19 from entering these establishments and importantly, reduce the spread of COVID-19. Other cities have seen a rise in vaccination rates after establishment of these types of requirements.
COORDINATION & PUBLIC OUTREACH
Councilmember Kalb worked with the City Attorney’s office and City staff regarding this legislation. Councilmember Kalb has discussed this legislation with representatives from several business organizations including the Oakland Chamber of Commerce, the Oakland African American Chamber of Commerce, Oakland Latino Chamber of Commerce, the Oakland Chinatown Chamber of Commerce. Councilmember Kalb has also met with representatives of several business improvement districts and with the Oakland Indie Alliance.
Many businesses support this legislation and appreciate that all business of the same type would be under the same rules.
Councilmember Kalb has also had a number of productive conversations with the Alameda County Health Officer.
We have reviewed publicly available information regarding the spread of COVID-19 and vaccines. We have and will continue to engage with stakeholders—including the residents of Oakland—and experts to implement this important public health effort.
Item:
City Council
Dec. 21, 2021
Councilmember Dan Kalb - Proof of Vaccination Emergency Ordinance Date: Dec. 9, 2021 Page 4
ACTION REQUESTED BY THE CITY COUNCIL
We respectfully request that the City Council adopt the Emergency Ordinance Requiring Proof of Vaccination.
For questions regarding this report, please contact Seth Steward, Chief of Staff to Councilmember Kalb, at 510-238-7013.
Respectfully submitted,
Dan Kalb
Councilmember, District 1
Item:
City Council
Dec. 21,2021
FILED
(DFPIGE OF THL CITY CLERK
OAKLAND'
APPROVED AS TO FORM AND LEGALITY
22 JAN 12 PH M23
Cnr Attorney’s Office
AS 4MENDED IN CITY COUNCIL DECEMBER 21,2021
OAKLAND CITY COUNCIL
~*=-' 13 6 68 lORDINANCE NO,
INTRODUCED BY COUNCIL MEMBER DAN KALB
t C.M.S.
EMERGENCY ORDINANCE ADDING OAKLAND MUNICIPAL CODE
CHAPTER 8.68 TO REQUIRE PROOF OF A COVID-19 VACCINATION FOR PATRONS AT THE FOLLOWING INDOOR PUBLIC LOCATIONS:
(1) ESTABLISHMENTS OR EVENTS WHERE FOOD OR DRINK IS
SERVED INCLUDING RESTAURANTS, BARS, COFFEE HOUSES,
CLUBS, AND BANQUET HALLS; (2) ENTERTAINMENT VENUES,
THEATERS, CONCERT VENUES, MUSEUMS, AND RECREATION
FACILITIES; (3) GYMS, FITNESS CENTERS AND YOGA STUDIOS; (4)
SENIOR ADULT CARE FACILITIES AND CITY SENIOR CENTER
PROGRAMS; (5) CITY HALL; AND (6) LARGE INDOOR EVENTS AT
CITY AND PRIVATELY-OWNED FACILITIES
WHEREAS, COVID-19 has killed over 5.2 million people around the world, over 808,000 in the United States and over 74,000 in California; and WHEREAS, here in Oakland, we have experienced over 38,000 cases of COVID-19 involving over 400 deaths; and
WHEREAS, on July 27, 2021 the Center for Disease Control and Prevention (CDC) updated guidance for fully vaccinated people infected with the Delta variant may be more likely to infect others than vaccinated people infected with other known variants. The CDC recommends that fully vaccinated persons wear a mask in public indoor settings, in addition to its recommendation that unvaccinated and not fully vaccinated persons wear a mask in public indoor settings, in addition to its recommendation that unvaccinated and not fully vaccinated persons wear a mask in public indoor settings; and
WHEREAS, on July 28, 2021 the California Department of Public Health issued Guidance for the Use. of Face Coverings in alignment with the CDC’s recommendation for universal masking in public indoor settings statewide; and WHEREAS, on August 5, 2021 the State Public Health Officer issued an Order requiring vaccination of workers in ‘high risk’ healthcare settings; and
WHEREAS, on August 11, 2021, the State Public Health Officer issued an Order requiring vaccine verification of workers in public and private school settings serving students from transitional kindergarten through grade 12; and
WHEREAS, on September 28,2021, the California State Public Health Officer issued an order requiring the vaccine at all adult care facilities and direct care workers as adult and senior care facilities and settings where direct care and services are provided, are high-risk settings where COVID-19 transmission and outbreaks can have severe consequences; and WHEREAS, unvaccinated persons are more likely to get infected and spread the virus.
Most current hospitalizations and deaths are among unvaccinated persons; and WHEREAS, on October 28, 2021 the California Department of Public Health updated it's COVID-19 Public Health Recommendations for Fully Vaccinated People including aligning with the CDC update on testing for exposed fully vaccinated, asymptomatic people; and WHEREAS,' the federal Centers for Disease Control CDC, the California Department of Public Health and the Alameda County Health Officer agree that COVID-19 poses a serious risk, particularly to individuals who are not fully vaccinated; and WHEREAS, medical professionals, scientists, and epidemiologists agree that vaccines are proven the most effective in preventing infection and the subsequent spread of COVID-19, and to reduce hospitalizations and death; and
WHEREAS, the City Administrator has implemented a Mandatory Vaccination Policy that requires all City of Oakland (City) employees to be fully vaccinated and verify that status to the City no later than November 29, 2021; and
WHEREAS, Alameda County has created a COVID-19 Vaccine Incentives Program that enables participants who register to receive cash incentives at several sites throughout Oakland including Allen Temple, The Center (Oakland Unified School District Central Kitchen), Castlemont High School and San Antonio Park; and
WHEREAS, the first confirmed case of the COVID-19 Omicron variant in the United States was detected in San Francisco on December 1, 2021; and WHEREAS, COVID-19 remains a significant challenge in the City, particularly given the highly contagious delta variant and the spreading omicron variant; and WHEREAS, the California Department of Public Health issued recommendations for ' Californians to protect themselves from COVID-19 and the Omicron variant including getting vaccinated; and
2 WHEREAS, cities throughout California including Los Angeles, Berkeley, San Francisco and San Jose and around the country including New York City and New Orleans have implemented proof of vaccination mandates; and
WHEREAS, experts are predicting a steep rise in cases this winter. This proof of vaccination effort is designed to increase the vaccination rate in Oakland, decrease the likelihood of someone who has contracted COVID-19 from entering, these establishments and importantly, reduce the spread of COVID-19 at these same establishments.; and WHEREAS, The Oakland City Council (City Council) finds and declares that this ordinance is required for the immediate protection of the public peace, health, and safety for the following reasons: Establishing a vaccination requirement for patrons in certain higher-risk locations in is a subject of imminent concern in light of the current and ongoing hazards of the COVID-19 pandemic, including the continuous high rate of community transmission, and the current data on the safety and efficacy of the COVID-19 vaccines; and
WHEREAS, some public health officials have opined that attending a private meeting with fewer than 50 persons, such as a seminar or workshop where food or drink is provided incidental to the meeting, presents less of a risk of the spread of COVID-19 than a Patron eating and/or drinking in a public indoor setting such , as restaurant or other establishment subject to this ordinance that includes a sit-down meal, due to. the limited eating or drinking that occurs at such private meeting(s), the potential removal of masks for brief periods of time and the small size of the meeting; and
WHEREAS, for the reasons stated above and in the report accompanying this legislation, the City Council seeks to adopt an emergency ordinance adding Oakland Municipal Code Chapter
8.68 to require proof of a. COVID-19 vaccination for patrons at the following indoor public locations: (1) establishments or events where food or drink is served including restaurants, bars, coffee houses, clubs, and banquet halls; (2) entertainment venues, theaters, concert venues, museums, and recreation facilities; (3) gyms, fitness centers and yoga studios; (4) senior adult care facilities and City senior programs; (5) City Hall; and (6) large indoor events at city and privately- owned facilities; and
WHEREAS, to ensure that Patrons who may not be able to meet the vaccination proof requirement for entrance to City Hall are able to fully benefit from the servicesprovided in those locations, the City is providing additional exemptions and accommodations thatdo not apply to the rules for other Covered Locations and Large Indoor Events. '
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them part, of this Ordinance:
3 SECTION 2. Emergency Need.
In accordance with Section 213 of the Oakland City Charter, the City Council finds and declares that adoption of this Emergency Ordinance is necessary due to the current and immediate threat to the public health, safety and welfare posed by the spread of COVID-19 as set forth by the facts stated above and in the report accompanying this legislation.
SECTION 3. Addition of Chapter 8.68 of the Oakland Municipal Code to Require Proof of a COVID-19 Vaccination for Patrons at Certain Indoor Public Locations and at Large Indoor Events.
Chapter 8.68 Requirement of Proof of a COVTD-19 Vaccination for Patrons at Certain Indoor Public Locations and at Large Indoor Events
8.68.010 - Title.
This Chapter shall be known as the “Requirement of Proof of a COVID-19 Vaccination for Patrons at Certain Indoor Public Locations and at Large Indoor Events Ordinance.”
8.68.020 - Definitions.
A. City means the City of Oakland
B. Citation means either a Civil Penalty or an Administrative Citation issued pursuant to Chapters 1.08 and 1.12 respectively, of the Oakland Municipal Code and does not include a criminal penalty.
C. Covered Location means any of the following public indoor locations in the City:
1. Establishments or events where food or beverages are served, including, but not limited to, restaurants, bars, fast food establishments, coffee shops, tasting rooms, cafeterias, food courts whether freestanding or contained within larger businesses such as a grocery store or market hall, breweries, wineries, distilleries, banquet halls, and hotel ballrooms. A “Covered Location” does not include a private meeting of fewer than 50 people where food or beverage is provided incidental to the meeting, such as a workshop or seminar;
2. Gyms and fitness venues, including, but not limited to: gyms, recreation facilities, fitness centers, yoga, Pilates, cycling, barre, and dance studios, boxing and kickboxing gyms, indoor fitness boot camps, and other facilities used for conducting indoor group fitness classes. Recreational facilities do not include recreation centers in City Parks operated by the City, except classes held at City recreation centers that are exclusively for seniors age 60 and over are considered as a covered location;
3. Entertainment and recreation venues, including, but not limited to, movie theaters, music and concert venues, live performance venues, commercial event and party or . ■ 4 wedding venues, sports arenas, , exhibition halls, performing arts theaters, bowling alleys, arcades, card rooms, family entertainment centers, museums, play areas, pool and billiard halls, and other indoor recreational game centers; A Covered Location does not include any location that does not have an Indoor Portion. A Covered Location does not include any location that is required by a Federal, State, Alameda County, or other local public agency requirement to check proof of COVID-19 vaccination status prior to providing indoor service.
Nothing in this Chapter shall be interpreted to preclude indoor locations in the City that are not included in the above list from issuing similar requirements or more stringent requirements than required by this Chapter
D. COVID-19 means coronavirus disease 2019, the infectious disease caused by the SARS CoV-2 virus that resulted in a global pandemic, including variants thereof.
E. COVID-19 Vaccine means a vaccine authorized to prevent COVID-19 by the United States Food and Drug Administration (FDA), including byway of an emergency use authorization, or by the World Health Organization (WHO).
F. Full Vaccination/Fully Vaccinated means 14 or more days after completing the entire recommended series of vaccination with a COVID-19 Vaccine. Currently, an individual is considered Fully Vaccinated at least two weeks after receiving a second dose of the Pfizer or Modema COVID-19 Vaccine or two weeks after receiving the single dose of the Johnson & Johnson Janssen COVID-19 Vaccine.
G. Individual Eligible for a COVID-19 Vaccine means a person for whom a COVID-19 Vaccine is authorized for use by the FDA, including by way of an emergency use authorization or, in the case of a foreign visitor or traveler, a person for whom a COVID- . 19 Vaccine is authorized by the WHO.
H. Indoor Portion means any part of a Covered Location, or City Hall with a roof or overhang that is enclosed by at least three walls, except that the following will not be considered an Indoor Portion: (1) a structure on or adjacent to the sidewalk or roadway if it is entirely open on the side facing the sidewalk; and (2) an outdoor dining structure for individual parties, such as a plastic dome, if it has adequate ventilation (suchas the equivalent .of twenty-five' percent or more of the sides of the structure are open) to allow for air circulation.
I. Large Indoor Event means an indoor event with more than five hundred (500) attendees.
A Large Indoor Event includes conventions, conferences, expos, concerts, shows, nightclubs, sporting events, live events and entertainment, fairs, festivals, and large private events or gatherings such as weddings. Large Indoor Events may have either assigned or • unassigned seating, and may be either general admission or gated, ticketed, and permitted events. Large Indoor Events do not include government-sponsored public meetings.
J. Patron means an Individual Eligible to Receive a COVID-19 Vaccine who enters, 5 attends an event, visits someone, or purchases goods or services at a Covered Location, City Hall, or a Large Indoor Event. A Patron does not include a resident of a Senior Adult Care Facility.
K. Photo Identification means an original or copy of an identification-card, including:
1. Driver’s license;
2. Government issued identification card;
3. School or work identification card;
4. Passport.
L. Proof of Recent Negative COVID-19 Test means a printed document, email or text message displayed on a phone, from a test provider or laboratory that, shows results of a polymerase chain reaction (PCR) or antigen COVID-19 test that either has Emergency Use Authorization (EUA) by the U.S. Food and Drug Administration or is operating per the .Laboratory Developed Test requirements by the U.S. Centers for Medicare and Medicaid Services, that was conducted within 72 hours before entry into a Covered Location, City Hall, or Large Indoor Event. The printed document, email, or text message must include the person’s name, type of test performed, date of the test, and negative test result.
M. Proof of Vaccination means one of the following demonstrating proof of Full Vaccination that is cross-checked with a Patron’s Photo Identification:
1. A vaccination card issued by the United States Centers for Disease Control and Prevention (CDC) COVID-19 vaccination card, which includes the name of the person vaccinated, type of vaccine provided, and date last dose administered, or similar documentation issued by a foreign governmental agency;
2. A photo of a vaccination card (both sides), compliant with Subsection 8.68.020.M.1, above, as a separate physical photograph or stored on a phone or electronic device;
3. Documentation of vaccination from a licensed healthcare provider; or
4. A personal digital COVID-19 vaccine record issued by the State of California or similar documentation issued by another state, local, or foreign governmental jurisdiction, or by a private company. California-residents can visit the State of California’s Digital COVID-19 Vaccine Record website at myvaccinerecord.cdph.ca.gov and download a QR Code on a phone.
6 N. Self-Attestation Document means a letter signed by the patron, under penalty of perjury stating that the patron has a sincerely held religious belief that qualifies the Patron for an exemption.
O. Senior Adult Care Facility means a housing arrangement for persons sixty (60) years of age and over, where twenty-four (24) hour non-medical care and supervision is provided, - more commonly referred to as “assisted living facilities.” P. Verification of a Medical Exemption means documentation signed by a licensed medical provider indicating the Patron is excused from receiving any COVID-19 vaccine due to a medical condition or disability recognized by the Food and Drug Administration or Centers for Disease, Control as a contra-indication to COVID-19 vaccination.
8.68.030 - Proof of Vaccination Required for a Patron to enter Indoor Portion of a Covered Location.
A. Beginning on January 15, 2022, a Covered Location shall display prominently in at least two locations on its premises, visible to Patrons prior to entrance, an advisory notice informing Patrons that, beginning on February 1, 2022, Proof of Vaccination is required to enter any Indoor Portion of a Covered Location.
B. Except as provided below, beginning on February 1, 2022, a Covered Location shall require each Patron twelve (12) years or older to provide Proof of Vaccination. For each Patron eighteen (18) years or older a Covered Location must also cross check a Patron’s Proof of Vaccination with a Photo Identification. A Covered Location may require such proof either before a Patron enters an Indoor Portionof a Covered Location or upon the Patron’ s first interaction with staff.
1. A Patron may be exempt from the requirements of this section if they.are entitled under any applicable law to a reasonable accommodation for a medical condition. To qualify, a Patron must demonstrate eligibility by providing the Covered Location with:
a. Verification of Medical Exemption; and
b. Proof of a recent Negative CO VID-19 Test and Photo Identification.
2. A Patron who does not provide Proof of Vaccination and who does not qualify for an exemption may use the portion of a Covered Location that is not an Indoor Portion. A ' Patron who does not provide Proof of Vaccination may be allowed to enter an Indoor Portion of a Covered Location for brief and limited periods of time to use the restroom, order, pick-up, or pay for food or drink “to-go,” or perform necessary repairs, provided that the Patron wears a well-fitting mask at all times while in the Indoor Portion of the Covered Location. To the extent feasible, a Covered Location may offer service outside for a Patron who does not provide Proof of Vaccination, including curbside pickup, drive thru delivery, and outdoor seating and dining.
7 C. A Covered Location must develop and keep a written record describing the protocol for implementing and enforcing the requirements of this Chapter. Such records must be kept for one year and made available, upon request, to the local public health jurisdiction or the City.
8.68.040 - Proof of vaccination or Proof of Negative COVID-19 required to enter City Hall.
A. Beginning on January 15,2022, City Hall shall display prominently on its premises, visible to any persons upon entrance, an advisory notice that, beginningon February 1,2022, Proof of Vaccination or Proof of recent Negative COVID-19 is required to enter any Indoor Portion of City Hall. ' - .
B. Beginning on February 1, 2022, as specified below, Patrons shall provide Proof of Vaccination upon entering an Indoor Portion City Hall. A City employee or contractor (City Personnel) as designated by the City Administrator at City Hall is required to check Proof of Vaccination for Patron aged twelve (12) years of age or older. For Patrons aged eighteen (18) years and older entering City Hall, City Personnel must also cross check the Patron’s Proof of Vaccination with, a Photo Identification.
1. A Patron may be exempt from the requirements of this section if they are entitled under any applicable law to a.reasonable accommodation for a medical condition or restriction or a sincerely held religious belief. To quality, a Patron must demonstrate eligibility as follows:
a. To be eligible medical exemption, the Patron must provide Verification of Medical Exemption; or
• b. To be eligible for a religious, the Patron must provide'a Self-Attestation Document demonstrating a sincerely held religious belief.
2. A Patron who does not provide either Proof of Vaccination or the exemptions pro vided above will be provided alternative arrangements for access to government services, to be determined on a case-by-case basis, including, but not limited to, online or remote service, service outdoors, or providing Proof of recent Negative COVID-19 Test priorto entering any Indoor Portion of City Hall .and wearing a mask.
3. This requirement for City Hall access does not apply to members of the public attending a City Council meeting or other meeting subject to the Brown Act and Sunshine Ordinance. In lieu of a vaccination proof requirement for such meetings, the City may impose appropriate measures that are in compliance with the Brown Act and Sunshine Ordinance which may include limitations on capacity, temperature checks, social distancing, mask requirements, and the. provision of equivalent viewing and public comment options..
8 C. This.section does not apply to any individual City employee, intern, or volunteer subject to the City’s COVID-19 Vaccination Requirement for Employees, Interns, and Volunteers (City of Oakland Administrative Instruction 593).
8.68.50 - Proof of Vaccination Required to Attend a Large Indoor Event.
Beginning on February 1, 2022, an operator or host of an Indoor Large Event must verify Proof of Vaccination or, if qualified for a medical exemption, Proof of recent Negative COVID- 19 Test for each Patron who is twelve years (12) of age or older. For each Patron eighteen (18) • years or older, an operator or host must also cross check the Patron’s Proof of Vaccination with a Photo Identification.
A Patron may be exempt from the requirements of this section if they are entitled under any applicable law to a reasonable accommodation for a medical condition. To qualify, a Patron must demonstrate eligibility by providing the Covered Location with:
a. Verification of Medical Exemption; and
b. Proof of a Recent Negative COVID-19 Test and Photo Identification.
D. Operators or hosts of Large Indoor Events must develop and keep a written record describing the protocol for implementing and enforcing the requirements of this Chapter.
Such records must be kept for one year and made available, upon request to the local public health jurisdiction or the City.
8.68.060 - Enforcement.
A. An operator Covered Location or operator or host of a Large Indoor Event may be issued a Citation for violation of any provision of this Chapter and shall be subject to the enforcement provisions provided pursuant to Chapters 1.08 and 1.12 of the Oakland Municipal Code.
B, This Chapter shall.be enforced beginning February 1, 2022.
8.68.070 - Rules and Regulations.
The City Administrator is authorized to promulgate Rules and Regulations consistent with this Chapter for further clarification, implementation, and enforcement of the provisions of this Chapter, including providing additional flexibility measures for City-owned facilities to implement the intent of this Chapter.
9 SECTION 4. Public Notice.
The City Administrator shall distribute notice, including media press releases, of this ordinance as widely as reasonably possible to effected covered locations and operators of large indoor events. Further, the City Administrator shall provide a notice for posting in a downloadable form on the City’s website, and summary of this Ordinance and a Frequently Asked Questions document in a downloadable format on the City’s website so that Covered Locations and operators of Large Indoor Events can post such information. The City shall make such information available in Spanish and Chinese.
SECTION 5. City Administrator’s Report on Additional Vaccination Sites.
The City Administrator shall pursue opening additional free public vaccination sites— including those with “drop-in” availability, and report back to City Council by January 18, 2022 on the status of such efforts.
SECTION 6. Severability.
A. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions Of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each .section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.
B. No Conflict with State or Federal Law. Nothing in this ordinance shall be Interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
10. SECTION 7. Effective Date and Expiration.
This ordinance shall take effect immediately if adopted in accordance with Section 216 of the Oakland City Charter. It shall expire upon the lifting of the City’s Administrator’s Declaration of Local Emergency in response to the spread of COVID-19 that was issued March 9, 2020 and ratified by the City Council on March 12, 2020 pursuant to Resolution No. 88075 C.M.S.
. IN COUNCIL, OAKLAND, CALIFORNIA,
DEC11 2021J
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
tNOES -0
ABSENT- (p
ABSTENTION-^
ATTEST:
. ASHA REED V
City Clerk and Clerk of the Council of the
City of Oakland, California
\2j2U2JZ;Date of Attestation: V,
' 11
NOTICE AND DIGEST
EMERGENCY ORDINANCE ADDING OAKLAND MUNICIPAL CODE
CHAPTER 8.68 TO REQUIRE PROOF OF A COYID-19 VACCINATION FOR PATRONS AT THE FOLLOWING INDOOR PUBLIC LOCATIONS:
(1) ESTABLISHMENTS OR EVENTS WHERE FOOD OR DRINK IS
SERVED INCLUDING RESTAURANTS, BARS, COFFEE HOUSES,
CLUBS, AND BANQUET HALLS; (2) ENTERTAINMENT VENUES,
THEATERS, CONCERT VENUES, MUSEUMS, AND RECREATION
FACILITIES; (3) GYMS, FITNESS CENTERS AND YOGA STUDIOS; (4)
SENIOR ADULT CARE FACILITIES AND CITY SENIOR CENTER
PROGRAMS; (5) CITY HALL; AND (6) LARGE INDOOR EVENTS AT
CITY AND PRIVATELY- OWNED FACILITIES
This Emergency Ordinance (Ordinance) adds Oakland Municipal Code Chapter 8.68 to require certain indoor businesses and locations, designated as “Covered Locations, to require patrons to show proof of a COVID-19 vaccination Additionally, this same requirement applies to Patrons at Oakland City Hall. These locations include establishmentsor events where food or drink is served including Restaurants, Bars, Coffee Houses, Clubs, and Banquet halls; (2) Entertainment Venues, Theaters, Concert Venues, Museums, and Recreation facilities; (3) Gyms, Fitness Centers and Yoga Studios; and (4) Senior Adult Care facilities and City senior center programs. Likewise, the proof of vaccine requirement applies to Patrons visiting City Hall and at Large Indoor Events. Large Indoor Events are defined as an indoor event with more than five hundred attendees.
The Ordinance provides that enforcement will be conducted pursuant to Civil Penalties and Administrative Penalties. It also provides the City Administrator with authority to promulgate Rules and Regulation for clarification and enforcement of the Ordinance and requires the City ■ Administrator to provide the public with notice of the new rules, including summaries of the ordinance and related informational documents. The Ordinance will expire when the City of Oakland’s Declaration of Emergency in response to COVID-19 is lifted.