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State changes rules: Says Marin County cannot advance to ‘Red Tier’

September 8, 2020 by Marin Leave a Comment

(Editor’s note: The Novato Advance and Marinscope newspapers went to press on Monday with the news that Marin would advance down the state’s color-coded COVID-19 chart from “purple” to “red”. That means more re-openings, indoor dining and shopping and schools green-lighted for for in-person classes.” Late last night, however, we received this note from the Novato Chamber of Commerce with the news that the state has put all this on hold.)

“I am sorry for sending out an email to you so late on a Monday night.  But, there was no other option.  I was asked to join a call tonight by Marin County staff to be briefed on information they were given by the State tonight at 8:30pm.  

“If you were not aware, on Friday the State approved for Marin County to move from Tier 1 to Tier 2 starting on Tuesday September 8th (under the States new tiered system of openings).  Well, tonight, the State reversed their decision.  The change was base upon the state changing the factors in how it makes the decision to change tiers.  

“It seems they changed these factors in the last 48 hours and informed Marin County that they no longer qualified for Tier 2 status.

“Here is what the County is doing:

“The have requested a special adjudication of the order.  Which will be reviewed in the next 2-3 days.

“They are asking that the County can hold in the current status (Tier 2)  – and be allowed to stay open until the review is done.

“The are negotiating for a mutual understanding of how the numbers are determined.

“They are asking for a resolution by Friday of this week.

“The County will be issuing a press release tomorrow morning – and I will make sure I forward it to all of you.

“To be clear – the County of Marin did nothing wrong here – this falls on the the state – who changed the rules and the protocols on the tiered system without informing the county until late tonight.

“I will keep you all posted.”

Coy Smith
CEO – Novato Chamber

(Update: Below is the press release from the county.)

San Rafael, CA – The County of Marin was notified late last night by the State of California that the planned move to Tier 2 in the State’s monitoring framework has been delayed.  Marin County will remain in Tier 1—the most restrictive status—while the state conducts further review. This will lead to delayed business reopening planned for Tier 2, including: indoor personal care services; indoor dining; indoor gyms; movie theaters; indoor houses of worship; and expanded capacity at indoor retail establishments and malls.
On August 28, the state introduced its Blueprint for a Safer Economy, a four-tier framework by which counties are measured for loosening and tightening restrictions on social activities and business operations. Marin was placed in Tier 1, or purple status to notify “widespread” risk, for the most severe restrictions.
On September 4, in consultation with California Department of Public Health (CDPH), Marin County announced plans to move to Tier 2, or red status. On the evening of September 7, CDPH notified the County of Marin of the status reversal. The decision comes after the state reanalyzed its data and applied a new method for determining a county’s position on the four-tiered monitoring framework. The new approach includes a different time frame for calculating a county’s case rate and a new adjustment for counties testing more than the State average, which CDPH plans to introduce this week.
“We want to move carefully and base our decisions on local data.” said Dr. Matt Willis, the County’s Health Officer. “We’re well prepared to move forward, but ultimately this is the state’s decision. In the new framework the state has a lot more control about what moves and what doesn’t.
Marin Public Heath has requested an adjucation process with state officials before a final determination is made. “We requested a review because if we don’t move forward yet, we want to make sure its for the right reasons” said Willis.
Willis said smaller counties like Marin who are on the cusp of one tier and another are more vulnerable to slight changes in the case measurement process and small outbreaks. “One cluster of cases in a facility leads to a clear spike in countywide case rates– these are some of the factors we’ll be discussing with the state.”
“This decision is a gut check for residents and businesses,” said Angela Nicholson, Assistant County Administrator and Director of Marin’s Emergency Operations Center. “We’ve been working together to flatten our curve. Every day we see the negative effect on the emotional and economic well being of our neighbors and community.”
A final determination of the status regarding Marin’s tier standing is anticipated before the end of the week.

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