DATE OF AMENDMENT: May 7, 2020
Please read this Order carefully. Violation of or failure to comply with this Order is a misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety Code § 120275, et seq.)
UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, THE HEALTH OFFICER OF THE COUNTY OF SONOMA (“HEALTH OFFICER”) ORDERS:
- Until today, the Governor’s Executive Orders imposed a shelter in place requirement based on the State’s determination of essential and non-essential services. While this approach was effective in reducing virus transmission, Sonoma County requested consideration of an approach based on a risk assessment model. Today the Governor took important steps to move towards that risk assessment approach and this Amendment aligns Sonoma County with the Governor’s Order to allow additional businesses to reopen that pose a lessor risk of COVID-19 spread. To support local business and mirror the Governor’s timeline, this Order becomes effective at 12:01 a.m. on May 8, 2020, and continues in effect until Order C19-08 is rescinded, superseded, or amended in writing by the Health Officer or by the State Public Health Officer.
- This Order is issued in light of the Governor’s May 4, 2020 Executive Order N-60-20 and his California’s Pandemic Resilience Roadmap Update (“Roadmap”) released on May 7, 2020. The Governor’s Roadmap, is comprised of four stages for reopening and criteria that Counties must meet prior to entering each stage. The Governor has afforded counties the ability to move into the first phase of stage two with the ability of retail businesses (such as bookstores, jewelry stores, toy stores, clothing stores, shoe stores, home and furnishing stores, sporting goods stores, antique stores, music stores) to conduct retail sales by curbside pickup, delivery, or shipping. In addition, the Governor now allows manufacturing, supply chain, and logistical support businesses that support retail businesses to operate. All businesses must operate consistent with sector specific guidance issued by the State. This Order implements the full breadth of the Governor’s Roadmap allowing these businesses to similarly open in Sonoma County.
- In order to accelerate further into stage 2, counties must demonstrate, and Public Health Officers attest to the State for review, that they: have a low prevalence of COVID-19 spread; meet testing and contact tracing criteria; are prepared with healthcare system capacity to handle a sudden rise of cases; and have plans to protect vulnerable populations. Counties who are able to demonstrate that they meet all the criteria are eligible to move further into stage 2 to authorize other lower-risk businesses and spaces to reopen with implementation of social distancing and hygiene procedures. The State criteria are:
- No more than 1 COVID-19 positive case per 10,000 people in the last 14 days;
- No COVID-19 death in the past 14 days;
- Ability to support employees when sick or exposed;
- Availability of disinfectant supplies and protective gear;
- Minimum daily testing of 1.5 per 1,000 residents;
- At least 15 contact tracers per 100,000 residents;
- Ability to temporarily house at least 15% of county residents experiencing homelessness;
- County or regional capacity to accommodate a minimum surge of 35% in new COVID patients;
- Hospital facilities must have a robust plan to protect hospital workforce;
- Skilled nursing facilities must have more than 14 day supply of PPE on hand for staff with ongoing procurement from non-state supply chains; and
- County metrics that serve as triggers for either slowing the pace through phase 2 or tightening modifications.
- Important progress has been made, but Sonoma County does not meet all of the Governor’s criteria for stage 2 accelerated openings. Specifically, the County needs more time to demonstrate a low prevalence of COVID-19 and no COVID-19 deaths in the last 14 days. The County is close to meeting this criteria, and will continuously review for eligibility to expand business reopening. Nonetheless, in compliance with the Governor’s Roadmap, the County is opening up the maximum range of services currently possible for stage 2 by authorizing nonessential businesses to conduct retail sales by curbside pickup, delivery, or shipping, and authorizing manufacturing and supply chain operations to support businesses identified in this Order.
- This loosening of restrictions is possible because of the new Executive Order and the significant interruption of community transmission of the virus due to compliance with the Local public Health Order in Sonoma County. Shelter in Place has worked to save lives and maintain healthcare system capacity.
- This Amendment incorporates by reference the May 1, 2020 Order of the Health Officer No. C19-09. Except as otherwise amended herein, all provisions of that Order remain in full force and effect. This Order incorporates all provisions of C19-09 into this Order that are not in conflict.
- Notwithstanding the language in paragraph 8 of Order C19-09, all nonessential businesses, if they desire to operate, shall conduct retail sales only by curbside pickup, delivery, or shipping (shopping malls and storefront access shall remain closed to the public). Nonessential Businesses are prohibited from conducting retail sales by any other means. All businesses are encouraged to work with the Economic Development Board to develop, and begin planning to implement, a Social Distancing Protocol (attached as Appendix A to Order of the Health Officer C19-09) that is sector specific to their business in anticipation for when they are authorized to reopen. The Governor has issued industry specific guidance to be followed prior to reopening, which can be located here: https://covid19.ca.gov/roadmap/.
- In addition to the above, Paragraph 16.f.xx. to Order C19-09 shall be modified to expand the list of “Essential Businesses” eligible to open:
- Businesses that manufacture and/or supply, or provide logistical support, for Essential Businesses, Essential Infrastructure or other retail businesses allowed under this Order may also operate. This exemption shall not be used as a basis for engaging in sales to the general public from retail storefronts;
- Paragraph 16.f.xvi. to Order C19-09 shall be expanded as follows:
- Educational institutions—including public and private K-12 schools, colleges, and universities—for purposes of facilitating distance learning or performing essential functions, provided that social distancing of six feet per person is maintained to the greatest extent possible. Retail businesses that supply products necessary to facilitate distance learning under this section shall conduct retail sales only by curbside pickup, delivery, or shipping (storefront access shall remain closed to the public).
- Paragraph 16.g. to Order C19-09 allowing “Minimum Basic Operations” for non- essential businesses shall be expanded as follows:
- For the purposes of this Order, “Minimum Basic Operations” include the following activities when they cannot be performed remotely, provided that there are only the minimum number of persons on-site and persons comply with Social Distancing and Hygiene Requirements as defined this Section:
- The minimum necessary activities to maintain and protect the value of the business’s inventory and facilities; ensure security, safety, and sanitation; process payroll and employee benefits; and related functions.
- The minimum necessary activities to facilitate owners, personnel, and contractors of the business being able to continue to work remotely from their residences, and to ensure that the business can deliver its service remotely.
- Retail or wholesale curbside pickup, shipping, or delivery of goods, including but not limited to bookstores, jewelry stores, toy stores, clothing stores, shoe stores, home and furnishing stores, sporting goods stores, antique stores, music stores. Shopping malls and storefront shall remain closed to the public. Retail or wholesale businesses operating under this subsection shall prepare, post, and implement a Social Distancing Protocol at each of their facilities atwhich they are maintaining operations. This provision shall only apply to the sale of goods and does not apply to provision of services.
- People particularly at high risk of severe illness or death from COVID-19 and people who are sick are strongly encouraged to stay in their residence to the extent possible. These people should make a reasonable effort to avoid leaving home by utilizing delivery services, telecommunications, or other means available. Nothing herein prevents a person at high risk of severe illness from leaving home for the reasons otherwise allowed under this Order, if the Essential Activity, Essential Business, or other permissible conduct cannot reasonably be accomplished at their place of residence. For purposes of this Order, “people at high risk of severe illness” from COVID-19 are people who meet the CDC definition of higher risk (https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higher-risk.html ). Based upon available information to date, those at high-risk for severe illness from COVID-19 include:
- People aged 65 years and older.
- People who live in a nursing home or long-term care facility.
- Other high-risk conditions could include:
- People with chronic lung disease or moderate to severe asthma.
- People who have serious heart conditions.
- People who are immunocompromised including cancer treatment.
- People of any age with severe obesity (body mass index [BMI] >40) or certain underlying medical conditions, particularly if not well controlled, such as those with diabetes, renal failure, or liver disease might also be at risk.
- Please note, many conditions can cause a person to be immunocompromised, including cancer treatment, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS, and prolonged use of corticosteroids and other immune weakening medications.
- Copies of this Amendment shall promptly be: (1) made available at the County Administration Center at 575 Administration Drive, Santa Rosa CA 95403; (2) posted on the County Public Health Department website (https://sonomacounty.ca.gov/Health/Public-Health/) and (http://socotestpsa.org/); and (3) provided to any member of the public requesting a copy of this Order.
- If any provision of this Amendment or related Order is held to be invalid, the remainder, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect.
IT IS SO ORDERED:
Dr. Sundari R. Mase, MD MPH
Health Officer of the County of Sonoma