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Rules & Legislation Committee
March 9, 2023

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March 9, 2023
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Rules & Legislation Committee
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Text extracted from the city's file for reading and search. Open the original on oakland.legistar1.com. That file is the official record.

AGENDA REPORT
TO:

Honorable Mayor & City Council FROM: Councilmember Kaplan(At-Large) SUBJECT: Masks in City Facilities Extension DATE: March 9, 2023

RECOMMENDATION
Councilmember Kaplan Recommends That The City Council:

Adopt AResolutionExtendingResolutionNo. 89542C.M.S. ToJuly1, 2023, WhichEstablishedAPolicy Requiring All Employees, Patrons, And Visitors Entering City Facilities To Wear FaceMasks To Mitigate The Spread Of Contagious Respiratory Illnesses Including COVID-19,Respiratory Syncytial Virus (RSV), And Influenza And Requiring The City To Provide QualityMasks (KN-95, N-95, Or KF-94) To Persons Entering City Facilities Who Do Not Have A Mask

EXECUTIVE SUMMARY
This resolutionwouldextendResolutionNo.89542C.M.S.toJuly1,2023.ResolutionNo.89542C.M.S.established a policy requiring all employees, patrons, and visitors entering city facilities to wear facemasks to mitigate the spread of contagious respiratory illnesses including COVID-19, respiratorysyncytial virus (RSV), and influenza. It would also require the city to provide quality masks (KN-95,N-95, or KF-94) to persons entering city facilities who do not have a mask.

BACKGROUND / LEGISLATIVE HISTORY
Governor Newsom lifted California’s State of Emergency on February 28, 2023, marking the end ofstatewide requirements and mandates to stemthe spread of COVID-19 and other respiratory illnesses.While Alameda County confirmed the end of the local public health emergency in alignment withtheState, in their February 28, 2023 press release, it states, “[t]he end of the local health emergencydeclarationdoes not meanthe endofCOVID-19,whichwillremainpresentinourcommunity.Residentsshoulduse the same tools that have provenover time tobe effectiveinkeepingthemselvesandothersashealthy as possible.” One of the tools the Alameda County Health Care Services Agency encourages everyone to utilize iswearing high-quality, well-fitted masks for added protection against infection.

COVID-19, Respiratory Syncytial Virus (RSV), and Influenza continue to spread among adults andchildren. An early wave of respiratory viruses in winter 2022 led toincreasedhospitalizations andhascontributed to stresses in our healthcare delivery systems in California and across the US. RSVis acommonrespiratoryvirus that usuallycauses mild, cold-like symptoms, but maycauseseverediseaseininfants and older adults. RSV is the most common cause of bronchiolitis and pneumonia in children Oakland City CouncilMarch 21, 2023

Honorable Mayor & City CouncilSubject: Masks in City Facilities ExtensionDate: March 9, 2023 Page2 younger than 1 year of age in the United States. In children, Emergency Department visits for0-4-year-olds were the highest throughout thepandemicinwinter2022,impactingbothpediatrichospitaland pediatric intensive care unit bed availability. There is no antiviral treatment or vaccine for RSVinfection,sowearingamaskcanslowthespreadandprotectthemostvulnerable,includingbabies,youngchildren, and older adults.

As of March2, 2023, the dailyaverage of COVID-19casesinCaliforniais2,760with6.9newcasesper100,000. The dailyreportedcase rate inAlameda Countyis 8.8per 100,000residents perdayaccordingto dashboard data from February 27, 2023.

COVID-19 has shown evidence of seasonality, a feature of other respiratory viral infections includingsome other coronavirus infections. Such seasonality, in combination with other factors, could lead topossible surges and subsequent annual waves of infection. The Centers for Disease Control (CDC) hasidentifiedtheexistenceofhighlycontagiousvariantsoftheCOVIDvirusandhasindicatedthatadditionalvariants of high consequence are to be expected.

REQUIRED LEGISLATIVE FOLLOW-UP
Shouldthe CityCouncil wishtoextendthemaskingrequirementbeyondJuly1,2023,theCouncilwouldneed to pass a new resolution with an additional extension to a desired date.

ANALYSIS AND POLICY ALTERNATIVES
Masks are a vital tool to prevent the spreadof contagious respiratoryillnesses, andwearingmasks inpublic facilities is both a matter of protecting public health andensuringsafe andequitable access topublic services. There are millions of people for whomunmaskingis dangerous--includingthosewhocannot be vaccinated, such as young children, individuals who are immunocompromised, andpeoplewith various disabilities and “pre-existing conditions.” Allowingindividuals toenter Cityfacilitiesunmaskedputspeopleforwhomunmaskingisdangerousatsevere risk, andhindersthemfromaccessingneededservicestheCityprovides.Actionmustbetakentoaddress the spread of COVID-19, RSV, and influenza to avoid a substantial adverse impact of theseillnesses on our public health, and inparticular toincrease safetyfor individuals whowouldbe at thehighest risk in an unmasked environment and who need to access City services in City facilities.

FISCAL IMPACT
While there is nofiscal impact connectedtothis item, the CityAdministrator is directedtoreturntotheCityCouncil as soonas practicable withananalysis of the costs ofprovidingfacemasksthroughJuly1,2023, and if necessary, a proposal for a budget amendment to address such costs.

COORDINATION
The CityAdministrator is directedtoworkwithCitystaff tofindlocationsanddeveloppoliciestoallowfor safe unmasking for the purposes of eating and taking breaks.

Oakland City CouncilMarch 21, 2023
Honorable Mayor & City CouncilSubject: Masks in City Facilities ExtensionDate: March 9, 2023 Page3

SUSTAINABLE OPPORTUNITIES
Economic: No direct Economic opportunities have beenidentified related to this resolution.

Environmental:No direct Environmental opportunitieshave been identified related to this resolution.

Race & Equity: Wearing masks in public facilities is both a matter of protecting public health andensuringsafeandequitableaccesstopublicservices.Therearemillionsofpeopleforwhomunmaskingisdangerous -- including those who cannot be vaccinated, such as young children, individuals who areimmunocompromised, and people with various disabilities and “pre-existing conditions.” Allowingindividuals toenterCityfacilitiesunmaskedputspeopleforwhomunmaskingisdangerousatsevererisk,and hinders them from accessing needed services the City provides.

ACTION REQUESTED OF THE CITY COUNCIL
Councilmember Kaplan Recommends That The City Council
Adopt A Resolution Extending Resolution No. 89542 C.M.S. To July 1, 2023, Which Established APolicyRequiringAll Employees, Patrons, AndVisitors EnteringCityFacilities ToWear Face Masks ToMitigate The Spread Of Contagious Respiratory Illnesses Including COVID-19, Respiratory SyncytialVirus (RSV), And Influenza And Requiring The City To Provide Quality Masks (KN-95, N-95, OrKF-94) To Persons Entering City Facilities Who Do Not Have A Mask For questions regarding this report, please contact Christine Miyashiro, Policy Director, [email protected].

Respectfully submitted,
Councilmember Rebecca KaplanAt-Large
Prepared by:Christine Miyashiro, Policy DirectorOffice of Councilmember At-Large Rebecca Kaplan Oakland City CouncilMarch 21, 2023

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