HomeMy WebLinkAbout8120RESOLUTION NO 8120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AUTHORIZING THE CITY'S EMERGENCY ORGANIZATION TO ENFORCE
CERTAIN DIRECTIVES OF THE CALIFORNIA DEPARTMENT OF PUBLIC
HEALTH AS SPECIFIED IN ITS JULY 1, 2020, "GUIDANCE ON CLOSURE
OF SECTORS IN RESPONSE TO COVID-19" AND JULY 2, 2020, "STATE
PUBLIC HEALTH OFFICER ORDER FOR SAN BERNARDINO COUNTY"
WHEREAS, international, national, state, and local health and governmental authorities
are responding to an outbreak of respiratory disease caused by a novel coronavirus named
"coronavirus disease 2019," abbreviated COVID-19 ("COVID-19"), and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already underway
across multiple state agencies and departments, and help the state prepare foi broader spread of
COVID-19, and
WHEREAS, on March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make emergency funding
available to assist state and local governments in preventing the spread of and addressing the
effects of COVID-19, and
WHEREAS, on March 17, 2020, and on July 7, 2020, the City Council adopted Resolution
Nos 8065 and 8120, proclaiming and reconfirming, respectively, the existence of a local
emergency pursuant to section 2 52 100 of the Redlands Municipal Code to set forth the applicable
powers, functions, and duties of the Director of Emergency Services and the Emergency
Organization of the City as prescribed by state law, ordinance, and resolutions of this City and by
the City of Redlands' Emergency Plan to ensure an effective response to COVID-19, and
WHEREAS, on March 23, 2020, the Governor issued Executive Order N-33-20 to
implement directives developed by the State Public Health Officer that require all individuals
living in the State of California to stay at their place of residence except as needed to maintain
continuity of operations of the federal critical infrastructure and other essential sectors, and
WHEREAS, the Centers for Disease Control and Prevention, the California Department of
Public Health, and the San Bernardino County Health Officer have all issued recommendations
and/or orders including but not limited to social distancing, staying home if sick, canceling or
postponing large group events, working from home, and other precautions to protect public health
and prevent transmission of this communicable virus, and
WHEREAS, on July 1, 2020, the California Department of Public Health ("CDPH") issued
its "Guidance on Closure of Sectors in Response to COVID-19" ("Guidance"), a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this reference, wherein the CDPH stated
that, "To reduce disease transmission and to protect residents across the state, one strategy
available to the state is to work with counties to further modify or close some or all of the sector
openings currently allowed under State order," and
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WHEREAS, the CDPH in its Guidance specifically identified the county of San Bernardino
as being one of nineteen counties in California that are on the State's County Monitoring List as
of July 1, and
WHEREAS, in its Guidance, the CDPH identified six sectors for closure of indooi
operations, while allowing outdoor operations with appropriate modifications, including physical
distancing and face coverings which are Dine -in Restaurants, Wineries and Tasting Rooms,
Movie Theaters, Family Entertainment Centers, Zoos and Museums, and Cardrooms, and
WHEREAS, in its Guidance, the CDPH further stated that, "In addition, all brewpubs,
breweries, bars, and pubs must close indoor and outdoor operations" within the nineteen counties
listed in its Guidance, including the county of San Bernardino, and
WHEREAS, the Governor has requested the State Office of Emergency Services to
coordinate a "Strike Team," which will be a multi -agency effort among the California Highway
Patrol, the Division of Occupational Safety and Health, Alcohol Beverage Control, Barbering &
Cosmetology, Business Oversight, Consumer Affairs, Food and Agriculture, Labor
Commissioner's Office, and the Governor's Office of Business and Economic Development, and
WHEREAS, on July 2, 2020, the CDPH issued its "State Public Health Officer Ordei for
San Bernardino County," a copy of which is attached hereto as Exhibit "B" and incorporated herein
by this reference ("CDPH County Order"), which states in relevant part that "San Bernardino
County shall close bars, pubs, brewpubs, and breweries, whether operating indoors or outdoors,"
and
WHEREAS, the CDPH County Order further specifies restrictions relating to the indoor
operations of Dine -in Restaurants, Wineries and Tasting Rooms, Family Entertainment Centers
and Movie Theaters, Indoor Attractions at Zoos and Museums, and Cardrooms, and
WHEREAS, the CDPH County Order states it shall remain in effect until the State Public
Health Officer and Director directs otherwise, with the caveat that the Director states " will be
no earlier than July 22, 2020," and
WHEREAS, in the interest of public, health, safety and welfare, and as affected by the
emergency caused by the spread of COVID-19, it is the desire of this City Council to adopt this
Resolution to authorize action to supplement the local enforcement of the CDPH's Guidance, and
the CDPH County Order, by the Governor's "Strike Team" in those instances when, after any State
agency efforts and the City's provision of education and information, and verbal and written
warnings if necessary, prove to be ineffective in maintaining the protection of the public peace,
health, and safety,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNIL OF THE CITY OF
REDLANDS AS FOLLOWS
Section 1 Adoption of CDPH Guidance Directives The City adopts the following
opening and closure directives of the California Department of Public Health as stated in its
"Guidance on Closure of Sectors in Response to COVID-19," dated July 1, 2020, a copy of which
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L lealReso18120 Redlands Guidance Closures 7 7 20 docx
is attached hereto as Exhibit "A," and incorporated herein by this reference, as being applicable
and enforceable within, and by, the City of Redlands
A "Given current rates of disease transmission in some counties and the need to
reduce gatherings where mixing with individuals outside of one's household and disease spread
occur, CDPH is requiring closure within counties on the county monitoring list foi three of more
consecutive clays of indooi operations, while allowing outdooi operations with appropriate
modifications, including physical distancing and face coverings, foi the following sectors Dine -
in Restaurants, Wineries and Tasting Rooms, Movie Theaters, Family Entertainment Centers, Zoos
and Museums, and Cardrooms "
B "In addition, all brewpubs, breweries, bars, and pubs must close indooi and outdooi
operations in these [the State's County Monitoring List] counties "
In determining whether a particular business falls within one of the six Sectors described in
subsection A, above, of Subsection B, in addition to the description/designation of such business
on the City's approved business license, City staff may consider, including, but not limited to, the
written guidance orders, guidance, and regulation of applicable public agencies having
jurisdictional authority over all or some of the operations of such business, any entitlements issued
by the City to such business, and the operational characteristics of such business
Section 2 Adoption of CDPH San Bernardino County Order The City adopts the
following opening and closure orders of the California Department of Public Health as stated in
its "State Public Health Officer Order for San Bernardino County," dated July 2, 2020, as being
applicable and enforceable within, and by, the City of Redlands
A "San Bernardino County shall close bars, pubs, brewpubs, and breweries, whether
operating indoors or outdoors "
13 "San Bernardino County shall restrict indoor operations as specified below
1 Dine -in restaurants must close indoor seating to customers During this closure all
dine -in restaurants may continue to utilize outdoor seating and must comply with
the guidance foi dine -in restaurants Restaurants should continue to encourage
takeout and delivery service whenever possible "
2 "Wineries and tasting rooms must close indoor services to customers During this
closure all wineries and tasting rooms must comply with the guidance for
restaurants, wineries, and bars "
3 "Family entertainment centers and movie theaters must close indoor services and
attractions to customers " may continue to provide outdoor services to customers,
and must comply with the [sic] movie theaters and family entertainment centers "
(i)
Family entertainment centers may continue to provide outdoor services to
customers, and must comply with the [sic] movie theaters and family
entertainment centers "
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L 1calReso18120 Redlands Guidance Closures 7 7 20.docx
(ii) "Drive-in movie theaters may continue to operate and should follow
additional applicable guidance for retailers of Drive-in Movie Theaters "
4 "Indoor attractions at zoos and museums must close to visitors "
(i) "Zoos and museums may continue to operate outdoor attractions and must
follow the guidance for zoos, museums "
5 "Cardrooms must close indoor services to customers and must follow the guidance
for cardrooms "
Section 3 Violations. Violations of this Resolution, and the specific Guidance and
CDPH County Order directives set forth herein, shall be punishable as set forth in Government
Code section 8665, and Section 2 52 160 of the Redlands Municipal Code
Section 4 Term. This Resolution shall remain in effect for the period of the local
emergency declared by the City in response to COVID-19
Section 5 Effective Date This Resolution is issued for the immediate preservation of
the public peace, health and safety, and therefore shall be effective immediately upon its issuance
Section 6 Severability The City Council declares that, should any section, subsection,
subdivision, sentence, clause, phrase, or portion of this Resolution for any reason be held invalid
or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Resolution The City Council hereby declares
that it would have adopted this Resolution and each section, subsection, subdivision, sentence,
clause, phrase, or portion hereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions hereof be declared invalid or unconstitutional
by a court of competent jurisdiction
Section 7 CEQA The City Council hereby determines that the adoption of this
Resolution is exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to section 15061(b)(3) of the State's Guidelines implementing CEQA,
because it can be seen with certainty that the adoption of this resolution will have no physical
effect upon the environment
ADOPTED, SIGNED AND APPROVED this 7th day of July, 2020
ATTEST
Donaldson, City Clerk
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Paul W Foster, Mayor
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 7th day
of July, 2020, by the following vote
AYES Councilmembers Barich, Tejeda, Momberger, Davis, Mayor Foster
NOES None
ABSTAIN None
ABSENT None
Jea I Donaldson, City Clerk
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C \Userslsrhodes\AppDatalLocallMicrosoft\Windows\Temporary Internet Files \Content.Outlookl7RLMHUKV18120 Redlands Guidance
Closures 7 7 20.docx
EXHIBIT "A"
CALIFORNIA DEPARTMENT OF PUBLIC HEALTH
GUIDANCE ON CLOSURE OF SECTORS IN RESPONSE TO COVED -19
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L1calReso18120 Redlands Guidance Closures 7 7 20.docx
OCDPH
SONIAY ANGELL, MD, MPH
State Public Health Officer & D rector
State of California --Health and Human
Services Agency
California Department of
Public Health
July 1, 2020
TO. All Californians
SUBJECT Guidance on Closure of Sectors in Response to COVID 19
Summary
Guidance on Closure of Sectors in Response to COVID-19
July 1, 2020
GAViN NEWSOM
Governor
As COVID 19 transmission rates continue to rise, this guidance instructs counties that have been on the County
Monitoring List for three consecutive days or more to close indoor operations for certain sectors which promote the
mixing of populations beyond households and make adherence to physical distancing with face coverings difficult
Within those sectors, those that are not able to continue their business through outdoor operations must close that
portion of their business effective immediately for at least three (3) weeks, in order to further mitigate the spread of
the virus In addition, all brewpubs, breweries, bars, and pubs in these counties must dose, both indoors and
outdoors, unless they are offering sit down, dine in meals as described under the actions section of the guidance
Issued on June 28
Background
As part of the State's efforts to address COVID 19, the State monitors county specific data and provides technical
assistance, support and interventions to counties that have concerning levels of disease transmission,
hospitalizations, or insufficient testing Counties on the County Monitoring List are under active monitoring by the
state, and may receive targeted engagement and technical support from CDPH and other agencies and
departments including the Business, Consumer Services and Housing Agency, the Department of Industrial
Relations and the California Department of Food and Agriculture
As of July 1, there are 19 counties on the County Monitoring List, which includes
• Contra Costa
• Fresno
• Glenn
• Imperial
• Kern
Kings
• Los Angeles
• Merced
Orange
Riverside
• Sacramento
San Bernardino
San Joaquin
Santa Barbara
Santa Clara
Solano
Stanislaus
Tulare
Ventura
To reduce disease transmission and to protect residents across the state, one strategy available to the state is to
work with counties to further modify or close some or all of the sector openings currently allowed under the State
order
Proposed Action
Given current rates of disease transmission in some counties and the need to reduce gatherings where mixing with
individuals outside of one's household and disease spread occur, CDPH is requiring closure, within counties on the
county monitoring list for three or more consecutive days, of indoor operations, while allowing outdoor operations
with appropriate modifications, including physical distancing and face coverings, for the following sectors
• Dine in Restaurants
• Wineries and Tasting Rooms
• Movie Theaters
• Family Entertainment Centers
• Zoos and Museums
• Cardrooms
All industry or sector guidance documents that have been issued to date, including all infectious control measures
outlined in those guidance documents, apply in outdoor settings, and thus must be adhered to In addition, all
brewpubs, breweries, bars, and pubs must close indoor and outdoor operations in these counties
Justification
The data is dear that community spread of infection is of increasing concern across the state, and in particular for
those counties on the County Monitoring List Beyond 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, both
in terms of high rates of morbidity and mortality of individual residents, as well as through the high demand such
infections would place on the hospital delivery system We are seeing these increases already in many of
the counties Higher levels of community spread also increase the likelihood of infection among individuals at high
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
California's Pandemic Resiliency Roadmap for reopening is a risk-based framework that guides state and local
governments on a path to re opening industries under strict workplace modifications Whereas other industries and
establishments were permitted to open with modifications in Stage 2 or Stage 3, the above outlined sectors
operating indoors operate at the highest risk of all sectors allowed to open so far These specific sectors also create
an environment that increases levels of community mixing of individuals outside of one's own household,
increasing the risk of escalating the R -effective, or effective transmission rate, of COVID 19
The sectors at issue in this document are all high risk of transmission due to a number of features of the businesses
and the behaviors that occur within them These sectors, foundationally, are settings where groups convene and
may mix with others for prolonged periods of time without appropriate protective equipment, such as a face
covering For example, it is difficult to consistently wear a face covering in a restaurant Additionally, physical
movement within the establishment, duration of time spent in the establishment, and the degree of social mixing
among individuals and groups outside one's household are all significant in these sectors, which substantially
elevates the risk of transmission even where face coverings can be worn
The risk is particularly high in indoor settings Reinstituting indoor closures among these sectors is not only
important because of data from counties on the monitoring list, but because the science of disease transmission
and from recent studies have shown that the transmissions is greater in indoor settings due to the release of
infectious particles into the air when someone speaks, coughs, sneezes, or sings, which is exacerbated in indoor
spaces particularly when tacking appropriate ventilation Furthermore, in some of these sectors centered on eating
and drinking, compliance with face coverings is not possible for the full duration of time someone spends in these
establishments Additionally, the workforce of these sectors face higher exposure to diseases transmission because
of the environment in which they work
A recent study published by the Centers for Disease Control and Prevention, for example, demonstrates clearly the
effect of a single asymptomatic carrier in a restaurant environment The study shows that approximately 50 percent
of the people at the infected person s table become sick over seven (7) days, 75 percent of the people on the
adjacent table that is downwind in the interior ventilation system become infected, and even two of seven people
on the upwind table become infected (1)
Physical distancing also protects an individual with brief exposures or outdoor exposures When distanced, there is
not enough time to achieve the infectious viral load when standing six (6) feet apart or where wind and the infinite
outdoor space for viral dilution reduces viral load A study which still needs to be peer reviewed, suggests that the
odds an infected person transmitting the virus in a closed environment was 18 7 times greater compared to an
open-air environment (2)
Alcohol consumption slows brain activity, reduces inhibition, and impairs judgment, factors which contribute to
reduced compliance with recommended core personal protective measures, such as the mandatory use of face
coverings and maintaining six feet of distance from people outside of one's own household, making outdoor
operations for brewpubs, breweries, bars and pubs challenging, further creating opportunities for virus
transmission and thus need for closure Additionally, there is a growing body of evidence tracing large COVID-19
outbreaks in both urban and rural states, to indoor and outdoor operations of bars
In the setting of an increasing body of evidence demonstrating that transmission is decreased when activities are
conducted outside, and risk for exposure is increased when mixing beyond those with whom one lives, in an effort
to mitigate to potential spread of COVID 19, the state is requiring that settings where patrons gather to be served or
participate in the businesses' primary activity be moved outdoors
(1) Lu, J , Gu, J , Li, K , Xu, C Su, W , Lai, Z Yang, Z (2020) COVID-19 Outbreak Associated with Air Conditioning in
Restaurant, Guangzhou, China, 2020 Emerging Infectious Diseases, 26(7), 1628-1631
https.//dx.doi org/1O 32O1/eid2607 200764
(2) Nishiura et al (2020) Closed environments facilitate secondary transmission of coronavirus disease 2019
(COVID-19) https //www medrxiv org/content/10 1101/2020 02.28 20O29272v2
California Department of Public Health 0yam rk4`
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Page Last Updated July 2 2020
EXHIBIT "B"
CALIFORNIA DEPARTMENT OF PUBLIC HEALTH
STATE PUBLIC HEALTH OFFICER ORDER FOR SAN BERNARDINO COUNTY
6
L 1calReso18120 Redlands Guidance Closures 7 7 20.docx
State of California—Health and Human Services Agency
California Department of Public Health
•GDPH
SONIA Y ANGELL, MD, MPH
State Public Health Officer & Director
State Public Health Officer Order for San Bernardino County,
July 2, 2020
GAVIN NEWSOM
Governor
On March 19, 2020, l issued an order directing all individuals living in the State of
California to stay at home except as needed to facilitate authorized, necessary activities
or to maintain the continuity of operations of critical infrastructure sectors (See
https Ilcovidl9 ca gov/stay-home-except-for-essential-needs/) 1 then set out California's
path forward from this "Stay -at -Home" Order in California's Pandemic Resilience
Roadmap, https Ilwww.gov.ca gov/wpcontentluploads/2020/0515 4 20-Update-on-
Californias-PandemicRoadmap pdf That Roadmap identifies 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 May 7th, I announced that statewide data supported the gradual
movement of the entire state into Stage 2 of the Pandemic Resilience Roadmap,
https Ilwww cdph ca gov/Programs/CID/DCDC/GDPH%20Document%20Library/COVID
-19/SHO%20Order%205-7-2020 pdf On May 8tt', the Governor outlined a process
where counties who met specific criteria could move more quickly than other parts of
the state through Stage 2 of modifying the Stay -at -Home order, including certain
businesses deemed higher -risk
The current data reflect that community spread of infection is of increasing concern
across the state, and most particularly in those counties on the County Monitoring List
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 these vulnerable
populations in these settings can be catastrophic Higher levels of community spread
also increase the likelihood of infection among individuals at high risk of serious
outcomes from COVID-19, including the elderly and those with underlying health
conditions For those counties that have been on the County Monitoring List for three
consecutive days or more, the risk is high enough that actions must be taken to protect
the public
The Pandemic Resilience Roadmap classifies bars, pubs, breweries, brewpubs, dine -in
restaurants, wineries and tasting rooms, family entertainment centers, zoos, museums,
and cardrooms as Stage 2 or Stage 3 sectors with high risk of transmission due to a
number of features of the businesses and the behaviors that occur within them Public
health studies have shown that the risk of transmission is exacerbated in indoor spaces,
particularly when lacking appropriate ventilation The sectors specified above, operating
�oxu«„n
CDPH, MS 0500 • P 0 Box 997377 • Sacramento CA 95899-7377
(916) 558-1784
Internet Address www cdph.ca.gov
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indoors, operate at the highest risk of all sectors allowed to reopen to date These
sectors are settings where groups convene and may mix with others for a prolonged
period of time, increasing the risk of escalating the transmission rate of COVID-19
While physical distancing is critical to mitigating exposure, it is intended to protect an
individual with brief exposures or outdoor exposures In contrast to indoor spaces, wind
and the viral dilution in outdoor spaces can help reduce viral load
Bars, both indoor and outdoor, have additional risk factors A bar, foundationally, is a
social setting where typically not only small groups convene, but also where groups mix
with other groups Bars also have an added risk imposed by the consumption of alcohol
as the primary activity offered in such venues Alcohol consumption slows brain activity
reduces inhibition, and impairs judgment, factors which contribute to reduced
compliance with recommended core personal protective measures, such as the
mandatory use of face coverings and maintaining six feet of distance from people in
different households, both indoors and outdoors Louder environments and the
cacophony of conversation that are typical in bar settings also require raised voices and
greater projection of orally emitted viral droplets
In summary, while these businesses represent a valued part of the fabric of our state,
the characteristics of these types of establishments contribute to an environment with
substantially increased risks for COVID-19 transmission For those counties that have
been on the County Monitoring List for three consecutive days or more, it is necessary
to place restrictions on these sectors to protect the public
NOW, THEREFORE, I, as State Public Health Officer and Director of the California
Department of Public Health, order
1 San Bernardino County shall close bars, pubs, brewpubs, and breweries, whether
operating indoors or outdoors
2 San Bernardino County shall restrict indoor operations as specified below
a Dine -in restaurants must close indoor seating to customers During this
closure all dine -in restaurants may continue to utilize outdoor seating and
must comply with the guidance for dine -in restaurants Restaurants should
continue to encourage takeout and delivery service whenever possible
b Wineries and tasting rooms must close indoor services to customers During
this closure all wineries and tasting rooms must comply with the guidance for
restaurants, wineries, and bars
c Family entertainment centers and movie theaters must close indoor services
and attractions to customers
1 Family entertainment centers may continue to provide outdoor services
to customers, and must comply with the movie theaters and family
entertainment centers
2 Drive-in movie theaters may continue to operate and should follow
additional applicable guidance for retailers of Drive -In Movie Theaters
d Indoor attractions at zoos and museums must close to visitors
1 Zoos and museums may continue to operate outdoor attractions and
must follow the guidance for zoos, museums
e Cardrooms must close indoor services to customers and must follow the
guidance for cardrooms
3 These closures shall remain in effect in San Bernardino County until I direct
otherwise, which will be no earlier than July 22, 2020
4 This order supersedes any orders issued by San Bernardino County on or after June
28, 2020, for the purpose of closing bars, pubs, breweries, and brewpubs
5 My May 7, 2020 Order permitting other Stage 2 sectors to open statewide, and all
subsequent orders and directives adding or removing additional sectors to the list of
those permitted to open statewide, continue to apply to San Bernardino County All of
my other Orders, Guidance, and Directives, including but not limited to my guidance
mandating the wearing of face coverings,
https //www cdph ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID
-19/Guidance-for-Face-Coverings 06-18-2020 pdf, and my guidance prohibiting all
gatherings, https /Iwww cdph.ca.gov/ProgramslCID/DCDC/Pages/COVID-
19/CDPHGuidanceforthePreventionofCOVID19TransmissionforGatherings aspx,
continue to apply to San Bernardino County
6 Pursuant to the authority under EO N-60-20, and Health and Safety Code sections
120125, 120130(c), 120135, 120140, 120145, 120150, 120175,120195 and 131080,
this order is to go into effect immediately and shall stay in effect until further notice
SoniaY Angell, MD, MPH
State Public Health Officer & Director
California Department of Public Health