HomeMy WebLinkAboutItem 2 - City Response re CA Blueprint for a Safer EconomyCity of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93 401-324 9, 805.781.7 140, slocity.org
DATE: January 14, 2021
TO: Administrative Review Board
FROM: Mark Amberg, Assistant City Attorney - Advisor to City Code Enforcement Staff
SUBJECT: State Public Health Officer Order re Blueprint for a Safer Economy
August 28, 2020
A question has been raised whether the State’s Blueprint for a Safer Economy constitutes a public
health order. To clarify this issue, attached is a copy of the Statewide Public Health Officer Order
dated August 28, 2020, which specifically implements the State’s “Blueprint for a Safer Economy”
tier system for the reopening of business sectors. In the attached order, the “Blueprint for a Safer
Economy” is referred to as “California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector
Activities to Keep Californians Healthy and Safe.”
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State of California—Health and Human Services Agency California Department of Public Health
Statewide Public Health Officer Order,
August 28, 2020
S ANDRA SHEWRY , MPH, MSW GAVIN NEWSOM
Acting Director Governor
CDPH, MS 500 ● P.O. Box 997377 ● Sacramento, CA 95899-7377
(916) 558-1784
Department Website (www.cdph.ca.gov )
On March 19, 2020, the State Public Health Officer issued an order directing all
individuals living in the State of California to stay at home except as needed to facilitate
authorized activities or to maintain the continuity of operations of critical infr astructure
sectors. (See March 19, 2020 Order.) The scope of activities authorized under this order
was subsequently modified in additional state public health directives. Then, consistent
with Executive Order N -60-20, the State Public Health Officer set out California’s path
forward from this “Stay -at-Home” Order in California’s Pandemic Resilience Roadmap.
That Roadmap identified four stages of the pandemic: safety and preparation (Stage 1),
reopening of lower-risk workplaces and other spaces (Stage 2), reopening of higher-risk
workplaces and other spaces (Stage 3), and finally an easing of final restrictions leading
to the end of the stay -at-home order (Stage 4). On July 13, 2020, in response to a
significant increase in the spread of COVID -19, the State Public Health Of ficer ordered
the statewide closure of operations in certain high-risk sectors. (See July 13, 2020
Order.) Counties on the County Monitoring List for three consecutive days were also
required to close additional indoor operations for certain sectors in order to further slow
community transmission.
Community spread of infection remains a significant concern across the state. In
addition to the impact on the general population, community spread increases the
likelihood of expanded transmission of COVID -19 in congregate settings such as
nursing homes, homeless shelters, jails and prisons. Infection of vulnerable populations
in these settings can be catastrophic. Higher levels of community spread also increase
the likelihood of infection among individuals at higher risk of serious outcomes from
COVID-19, including the elderly and those with underlying health conditions who might
live or otherwise interact with an infected individual. COVID -19 infection is also
disproportionately impacting our essential workforce. The anticipated influenza season
is likely to impose additional burdens on the healthcare delivery system, increasing
demand for space, supplies, and personnel.
The COVID-19 pandemic continues to evolve, and CDPH is continually monitoring new
scientific evidence and improving its understanding of the disease. Based on the current
state of the pandemic in California and current scientific understanding of transmission,
it is my judgment that it is appropriate to further refine the approach in order to gradually
reopen businesses and activities while reducing the risk of increased community
spread. A targeted system for sector reopenings which considers both current
epidemiological conditions and the latest understanding of transmission risk in certain
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sectors will allow CDPH to monitor both counties and sectors for evidence of increased
epidemiological risk and will reduce risk as California continues to reopen its economy
and protect public health. California's Plan for Reducing COVID -19 and Adjusting
Permitted Sector Activities to Keep Californians Healthy and Safe sets forth in detail the
basis for the new Framework.
NOW, THEREFORE, I, as Acting State Public Health Officer of the State of
California, order all of the following:
1. The updated framework for reopening, which shall be known as California’s Plan
for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep
Californians Healthy and Safe, will rely on a set of Tiers corresponding to specific
epidemiological profiles based on indicators of disease burden including case
rates per capita and percent of positive covid-19 tests and proportion of testing
and other covid-19 response efforts addressing the most impacted populations
within a county. For each progressive Tier, this framework will permit a broader
range of reopening guided by risk -based criteria pertinent to each sector. I may
modify the epidemiological criteria for each Tier as well as the sectors,
businesses, establishments, or activities within the Tiers as necessary based on
the latest available public health information and research to protect public health
and safety. The up-to-date Tier profiles and those sectors, businesses,
establishments, or activities that are permitted to open in each Tier will be posted
(along with necessary modifications), at
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-
19/COVID19CountyMonitoringOverview.aspx .
2. Pursuant to this framework, all local health jurisdictions in the state may reopen
specified sectors according to their respective county’s Tier. However, a local
health jurisdiction that moves to a Tier permitting further reopening must pause
for 21 days, or a different period that I identify, before reopening additional
sectors.
3. Conversely, a local health jurisdiction must also close sectors according to their
respective county’s Tier consistent with the timeline and procedures set forth in
California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector
Activities to Keep Californians Healthy and Safe.
4. A local health jurisdiction may continue to implement or maintain more restrictive
public health measures if the jurisdiction’s Local Health Off icer determines that
health conditions in that jurisdiction warrant such measures.
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Terms of Orders
5. This order shall go into effect August 31, 2020 and shall supersede the July 13,
2020 State Public Health Officer Order.
6. This order shall remain in effect until I determine it is appropriate to modify the
order based on public health conditions.
7. I will continue to monitor the epidemiological data and will modify California’s
Plan for Reducing COVID -19 and Adjusting Permitted Sector Activities to Keep
Californians Healthy and Safe as required by the evolving public health
conditions. If I determine that it is necessary to change what will reopen or close,
or otherwise modify the Plan, these modifications will be posted at California's
Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep
Californians Healthy and Safe.
8. Except to the extent this order or other state public health directives expressly
provide otherwise, all CDPH guidance continues to apply statewide.
9. All references in CDPH or other State guidance to the County Monitoring List or
the County Data Monitoring List shall refer to those counties falling within Tier 1
of California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector
Activities to Keep Californians Healthy and Safe.
10. This order is issued pursuant to Health and Safety Code sections 120125,
120130(c), 120135, 120140, 120145, 120150, 120175,120195 and 131080; EO
N-60-20, N -25-20, and other authority provided for under the Emergency
Services Act; and other applicable law.
Eric a S. Pan, MD, MPH
Acting State Public Health Officer
California Department of Public Health
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