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LA County Supes Hahn & Barger Agendize May 26 Board Item Seeking Local/Regional Variances From Sac'to Rules To Let Some Parts Of County Reopen Sooner Than Others; LB City Hall Mum On This So Far


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(May 23, 2020, 7:05 a.m.) -- At Friday's (May 22) webcast briefing, Long Beach Mayor Robert Garcia incrementally disagreed with Governor Gavin Newsom's policy (from the Governor-appointed Dir. of the CA Dept. of Public Health) that applies County data -- instead of using LB Health Dept. data -- to decide whether to allow further reopenings in Long Beach. Mayor Garcia and city management's Dir. of Health and Human Services didn't publicly question applying the state standards to Long Beach; instead they acknowledged aspects of the state's standards that LB currently doesn't meet and said LB is working toward meeting them.

But just hours later (at the end of the Friday May 22 business day), L.A. County Supervisor Janice Hahn, joined with the Board's sole Republican, Kathryn Barger, in agendizing an item for the May 26 L.A. County Board of Supervisors meeting that goes beyond Long Beach's stance by pursuing "variances" (lesser standards/eased restrictions) for some portions of L.A. County that could allow such areas to reopen more quickly than other County areas. >p>The Barger-Hahn agendized action item moves that "the Board of Supervisors instruct the County Health Officer, working in collaboration with the CEO and County Counsel, to:

A. Work with the State to obtain a partial variance on behalf of interested cities and/or regions within the County; and,

. Immediately upon readiness under the State’s variance criteria, take all steps required to pursue a variance on behalf of the County of Los Angeles as a whole."

Despite its sweeping tone, it's not immediately clear if the County action would legally apply to Long Beach or Pasadena, which have their own independent Public Health Departments. However if approved by a Board majority, the Supervisors' action would send Sacramento a loud message from the County with roughly a quarter of the state's population. In their agendizing memo, Supervisors Hahn and Barger write in pertinent part:



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On May 4, Governor Gavin Newsom signed Executive Order N-60-20 which, among other things, instructed the State Public Health Officer to "establish criteria and procedures" -- determine whether or how particular local jurisdictions may implement public health measures that depart from statewide directives." The executive order states that, "California law promotes the preservation of public health by providing for local health officers -- appointed by county boards of supervisors and other local authorities -- in addition to providing for statewide authority by a State Public Health Officer; and… these local health officers, working in consultation with county boards of supervisors and other local authorities, are well positioned to understand the local needs of their communities."

The State Public Health Officer has since issued guidelines regarding the Roadmap to Modify the Stay-at-Home Order Guidance to County Governments. To apply for a variance from the State, a number of readiness data is required, including:

1. No more than 25 new cases per 100,000 residents in the past 14 days or less than 8% testing positive in the past 7 days.
2. Stable hospitalization of COVID-19 individuals on a 7-day average of daily percent change of less than 5% or no more than 20 COVID-19 hospitalizations on any single day in the past 14 days.
3. Daily testing volume of 1.5 per 1,000 residents per day.
4. Testing availability for at least 75% of residents within 30 minutes driving time in urban areas, and 60 minutes in rural areas.
5. For counties that have no cases, at least 15 staff per 100,000 county residents trained and available for contact tracing. 6. Hospital capacity to accommodate a 35%surge in COVID-19 cases while maintaining care to non-COVID-19 cases.
7. Sufficient protective supplies for essential workers, including having more than a 14-day supply of PPE for Skilled Nursing Facilities.
8. Temporary housing for 15% of homeless residents.

This action by the Governor acknowledges and appreciates the urban and rural diversity of California and distinct impacts of the spread of COVID-19. Similarly, Los Angeles County, covering over 4,000 square miles, is made up of vast urban and rural communities, broken up across seven valleys, several coastal regions and multiple urban centers. The 88 cities in Los Angeles County also range in density from less than 1,000 citizens per square mile to more than 40,000 citizens per square mile. Less dense areas of the county, state, and country have shown lower degrees of transmission...

As the largest driver of the State’s economy, the once thriving Los Angeles County economic health must be restored while simultaneously maintaining and preserving the health and safety of our residents...

Several cities in the County have expressed interest in a city or regional variance. All cities who believe they meet the state’s variance criteria, and wish to be considered for a partial variance, should send their request initially to the County’s Chief Executive Officer for submission to the County’s Public Health Officer. Such submissions may include the surrounding unincorporated areas with concurrence from the respective County Supervisor.

WE, THEREFORE, MOVE that the Board of Supervisors instruct the County Health Officer, working in collaboration with the CEO and County Counsel, to:

A. Work with the State to obtain a partial variance on behalf of interested cities and/or regions within the County; and,

B. Immediately upon readiness under the State’s variance criteria, take all steps required to pursue a variance on behalf of the County of Los Angeles as a whole.

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The agenda item goes considerably further than a Thursday May 21 letter from Supervisor Hahn to Governor Newsom that urged him to let smaller retail businesses reopen if they apply the same health protocols as larger retail operations the state deems "essential" (at Target, Home Depot and Costco etc.) Supervisor Hahn's letter stated in part:

Retailers across my district that have been deemed "non-essential" have been baffled that they have only been permitted to reopen for curbside pickup while "essential" businesses like Target and Walmart have been fully operational with in-store shopping. Many of these small businesses are not set up for online orders and curbside pickup has not been a good fit for them. They want to reopen for in-store shopping in a way that protects the health of their employees and customers, and I have heard from nearly all of the 27 cities that I represent about ways to support them in doing this.

The Barger-Hahn agenda item appeared publicly at the end of Friday's (May 22) business day. As of dawn Saturday May 23, there's no response (yet) from the City of Long Beach which isn't governed by the L.A. County Dept. of Public Health; Long Beach (and Pasadena) have their own separate public health departments. . .

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