The order also addresses background checks for essential workers
SACRAMENTO (Apr 16, 2020) – On Thursday, Governor Gavin Newsom signed an executive order addressing a variety of issues in response to the COVID-19 pandemic, including adjusting admissions requirements for the California State University system and providing flexibility for 60 days on background checks for critical infrastructure sectors. (See the entire order, below).
Specifically, the CSU system will be able to waive hearing requirements to be able to make adjustments to admissions criteria for students applying this coming fall to enter as freshmen in the fall of 2021.
Additionally, the order will allow the California Department of Justice to develop procedures to perform name-based background checks to protect health and safety and avoid delays in processing employment for critical sectors, such as health care services and care and support for vulnerable populations.
The executive order also will allow federal stimulus checks to flow directly to custodial parents owed back child support payments and will additionally allow for commercially licensed food trucks to be able to temporarily operate in roadside rest areas for a period of 60 days, to ensure essential infrastructure workers have access to food. Caltrans will be charged with developing and implementing a process to administer the temporary permits.
The text of the Governor’s executive order can be found here and a copy can be found here.
Learn more about the state’s ongoing COVID-19 response efforts here. Visit covid19.ca.gov for critical steps Californians can take to stay healthy, and resources available to those impacted by the outbreak.
EXECUTIVE ORDER N-52-20
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; and
WHEREAS despite sustained efforts, COVID-19 continues to spread and is impacting nearly all sectors of California; and
WHEREAS the COVID-19 pandemic and the necessary physical distancing measures implemented have affected governmental agencies, workers, private businesses, and California residents alike, with associated impacts on adherence to certain statutory and regulatory deadlines; and
WHEREAS a shortage of fingerprinting services has arisen in California despite those services being included among the essential critical infrastructure sectors identified pursuant to Executive Order N-33-20, and this shortage is impacting other essential critical infrastructure sectors, including the healthcare sector and other programs that provide care and support to vulnerable Californians; and
WHEREAS to prevent potential impairment of delivery of critical healthcare services and of care and support for vulnerable populations, the California Department of Justice, working in concert with the California Health and Human Services Agency and other agencies and departments, is developing procedures to perform name-based criminal background checks, consistent with Penal Code sections 11105.7 and 11105.75, and subject to certain conditions, including a requirement that each applicant’s identity and criminal history be verified by fingerprints as soon as practicable after an initial check based on other identifying information has been performed; and
WHEREAS individuals who are tested for COVID-19 should have access to test results, and important information on test interpretation, isolation, and care guidance, in an expeditious and deliberate manner; and
WHEREAS illness due to COVID-19 and physical distancing requirements imposed to limit spread of the virus impede the ability of the California Coastal Commission, the State Water Resources Control Board, members of the public, and others to meet certain time limits set forth in the Permit Streamlining Act and the Public Resources Code; and
WHEREAS the COVID-19 pandemic and subsequent school closures has disrupted the lives and educational progress of K-12 students, impacting their ability to meet existing admissions prerequisites for the California State University system; and
WHEREAS it is important that the trucking industry have access to food at highway rest areas while maintaining the critical supply chain throughout this state; and
WHEREAS federal financial relief provided under the Coronavirus Aid, Relief and Economic Security Act (CARES Act) should be made swiftly available to individuals who would otherwise be entitled to it—including custodial parents and other caregivers entitled to past due support—notwithstanding state law providing that certain federal tax refund offsets should first be applied to support owed to the State; and
WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1) The timeframes set forth in Business and Professions Code, Division 4, Part 1, Chapter 3, Article 2 (Section 10150, et seq.) are hereby extended for a period of 60 days. The deadlines specified in Business and Professions Code, Division 4, Part 1, Chapter 3, Article 4 (Section 10200, et seq.), related to payment of real estate license application, and renewal fees, are hereby extended for a period of 60 days. 2) The timeframes set forth in the Business and Professions Code Division 4, Part 1, Chapter 3, Article 2.5 (Section 10170 et seq.), relating to continuing education requirements for real estate licensees, are hereby extended for a period of 60 days.
3) The deadlines specified in existing Orders issued by the Real Estate Commissioner pursuant to Business and Professions Code, Division 4, Part 1 are hereby extended for a period of 60 days.
4) The June 1, 2020 deadline specified in Education Code section 8434(g), related to the election of a representative for family childcare providers, is extended to August 1, 2020.
5) The requirements specified in Harbors and Navigation Code section 1176 and in California Code of Regulations, title 7, sections 217.5 and 217.10 that a pilot be found fit-for-duty as a condition of having his or her license renewed and that a pilot trainee be found fit-for-duty to be allowed to continue in the training program are temporarily waived. The temporary waiver of a fit-for-duty determination applies to pilots whose license expires between April 1, 2020, and July 31, 2020, and to trainees whose anniversary of admission to the training program falls between these same dates. These fit-for-duty requirements must be satisfied by December 31, 2020, unless this Order is further extended.
6) The training requirements specified in California Code of Regulations, title 7, section 215 relating to continuing education for pilots are temporarily waived for those pilots required to complete training in 2020. These pilots must satisfy these waived training requirements by June 30, 2021, unless this Order is further extended.
7) The three-year maximum length of the training program for pilot trainees specified in Harbors and Navigation Code section 1171.5 (c) and California Code of Regulations, title 7, section 214 (c) is extended by one year for trainees who have been unable to train on vessels because of the COVID-19 pandemic.
8) The provisions of California Vehicle Code section 2501 requiring all licenses issued to privately owned or operated ambulances used to respond to emergency calls, privately owned armored cars, and fleet owner inspection and maintenance stations that expire one year after the licenses are issued are hereby extended for a period of 60 days from the license expiration date. This extension is applicable to licenses expired on or after March 4, 2020, or will expire within 60 days from the date of this Order.
9) For holders of current commercial driver’s licenses or certificates, whose required medical certificate has or will expire on or after March 1, 2020, the timeframes set forth in Vehicle Code section 12804.9(c), and accompanying regulations, pertaining to possessing a valid medical certificate in order to maintain a valid commercial driver license or certificate, are waived until June 30, 2020.
10) The time limits set forth in the Permit Streamlining Act in Government Code sections 65943, 65950, 65952, and 65956, and in Public Resources Code sections 30512, 30513, 30603, 30606, 30621, 30622, 30625, 30714, and 30812 are suspended, with respect to actions by or matters before the California Coastal Commission or the State Water Resources Control Board, for a period of 60 days. This paragraph pauses the time limits in the referenced sections but does not restart them, and should be construed to toll those timeframes for 60 days, such that no time should be counted for 60 days, but that any days that elapsed prior to this suspension are still counted.
11) To the extent any provision of state law might restrict the exercise of the California Department of Justice’s authority to conduct criminal background checks pursuant to Penal Code section 11105 based on identifying information other than fingerprints for individuals performing tasks that require licensure pursuant to pursuant to Division 2 of the Business and Professions Code or providing services or care pursuant to the California Community Care Facilities Act (Chapter 3 of Division 2 of the Health and Safety Code), the California Residential Care Facilities for the Elderly Act (Chapter 3.2 of Division 2 of the Health and Safety Code), the California Child Day Care Facilities Act (Chapter 3.4 of Division 2 of the Health and Safety Code) or In-Home Supportive Services (Article 7 of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code and Welfare and Institutions Code sections 14132.95, 14132.952, and 14132.956), those provisions are suspended for a period of 60 days.
12) To the extent any provision of state law might restrict the exercise of the California Department of Justice’s authority to waive or eliminate the applicable fee for a criminal background check conducted pursuant to Paragraph 11, those provisions are suspended for a period of 60 days. 13) Health and Safety Code section 123148(b)(1) is suspended to the extent it requires a health care professional to review COVID-19 test results before those test results may be disclosed to a patient via the Internet or other electronic means, on the condition that any such disclosure must be conducted in accordance with an order of the State Public Health Officer or a local public health officer, and with guidance issued by the California Department of Public Health pursuant this paragraph. The California Department of Public Health shall issue guidance concerning large-scale COVID-19 testing, as well as appropriate test interpretation, isolation, and care measures to be undertaken in conjunction with such testing.
14) All requirements in Education Code section 89030.5, which permits a change in the criteria for admission to a California State University campus to become effective only after public hearings have been held and only after a period of at least six months or one year (as applicable) has elapsed after that change is approved by the chancellor, are waived through June 30, 2021.
15) The restrictions for commercial activities in safety roadside rest areas specified in Streets and Highways Code sections 225 and 225.5 and Vehicle Code sections 22518, 22520.5 and 22520.6, and accompanying regulations, are suspended for a period of 60 days, to the extent necessary to allow commercially licensed food trucks to operate and sell food in designated safety roadside rest areas in compliance with a temporary permit issued by Caltrans. Caltrans is authorized to develop and implement a process to issue and administer temporary permits allowing commercially licensed food truck vendors that otherwise are in compliance with state and local licensing and permitting requirements to operate and sell food in designated safety roadside rest areas. The development and implementation of this process shall not be subject to the Administrative Procedure Act, Government Code section 11340 et seq.
16) Code of Civil Procedure section 695.221(e), concerning credits to the State from certain collections received from federal tax refund offsets when the recipient of such a refund owes past due support, is suspended.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
Read MoreDepartment of Justice files Statement of Interest in Mississippi church case
On Tuesday, April 14, 2020, United States Attorney General William P. Barr, the nation’s top law enforcement officer, issued the following statement:
“In light of the COVID-19 pandemic, the President has issued guidelines calling on all Americans to do their part to slow the spread of a dangerous and highly contagious virus. Those measures are important because the virus is transmitted so easily from person to person, and because it all too often has life-threatening consequences for its victims, it has the potential to overwhelm health care systems when it surges.
To contain the virus and protect the most vulnerable among us, Americans have been asked, for a limited period of time, to practice rigorous social distancing. The President has also asked Americans to listen to and follow directions issued by state and local authorities regarding social distancing. Social distancing, while difficult and unfamiliar for a nation that has long prided itself on the strength of its voluntary associations, has the potential to save hundreds of thousands of American lives from an imminent threat. Scrupulously observing these guidelines is the best path to swiftly ending COVID-19’s profound disruptions to our national life and resuming the normal economic life of our country. Citizens who seek to do otherwise are not merely assuming risk with respect to themselves, but are exposing others to danger. In exigent circumstances, when the community as a whole faces an impending harm of this magnitude, and where the measures are tailored to meeting the imminent danger, the constitution does allow some temporary restriction on our liberties that would not be tolerated in normal circumstances.
But even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers. Thus, government may not impose special restrictions on religious activity that do not also apply to similar nonreligious activity. For example, if a government allows movie theaters, restaurants, concert halls, and other comparable places of assembly to remain open and unrestricted, it may not order houses of worship to close, limit their congregation size, or otherwise impede religious gatherings. Religious institutions must not be singled out for special burdens.
Today, the Department filed a Statement of Interest in support of a church in Mississippi that allegedly sought to hold parking lot worship services, in which congregants listened to their pastor preach over their car radios, while sitting in their cars in the church parking lot with their windows rolled up. The City of Greenville fined congregants $500 per person for attending these parking lot services – while permitting citizens to attend nearby drive-in restaurants, even with their windows open.[1] The City appears to have thereby singled churches out as the only essential service (as designated by the state of Mississippi) that may not operate despite following all CDC and state recommendations regarding social distancing.
As we explain in the Statement of Interest, where a state has not acted evenhandedly, it must have a compelling reason to impose restrictions on places of worship and must ensure that those restrictions are narrowly tailored to advance its compelling interest. While we believe that during this period there is a sufficient basis for the social distancing rules that have been put in place, the scope and justification of restrictions beyond that will have to be assessed based on the circumstances as they evolve.
Religion and religious worship continue to be central to the lives of millions of Americans. This is true more so than ever during this difficult time. The pandemic has changed the ways Americans live their lives. Religious communities have rallied to the critical need to protect the community from the spread of this disease by making services available online and in ways that otherwise comply with social distancing guidelines.
The United States Department of Justice will continue to ensure that religious freedom remains protected if any state or local government, in their response to COVID-19, singles out, targets, or discriminates against any house of worship for special restrictions.”
Read More
Governor appoints business and civic leader, and former Democratic presidential candidate Tom Steyer Chief Advisor and as task force co-chair with governor’s Chief of Staff Ann O’Leary
All of California’s former governors and California’s legislative leaders across both political parties join the task force
Brings together Californian government, business, labor, health care and community leaders from across diverse range of the state’s economy to develop recommendations for a plan that works for all Californians, with a focus on the regions and communities hardest hit by the pandemic
Former Federal Reserve Chair Janet Yellen, Disney Executive Chairman Bob Iger, ILWU President Willie Adams, President and CEO of the California Community Foundation Antonia Hernandez, former head of the Small Business Administration Aida Álvarez and Apple CEO Tim Cook will be part of the task force stepping up to help California pave the way toward a fast, safe recovery of jobs
SACRAMENTO (April 17, 2020) – Bringing together leaders across California’s diverse, innovative economic and social sectors to chart a path forward on recovery in the wake of COVID-19, Governor Gavin Newsom today announced the formation of a state Task Force on Business and Jobs Recovery. The Task Force will be co-chaired by Governor Newsom’s Chief of Staff Ann O’Leary and philanthropist, environmentalist and businessman Tom Steyer, who was also appointed Chief Advisor to the Governor on Business and Jobs Recovery. He will receive no compensation for his service.
Members of the Task Force include Senate President pro Tempore Toni Atkins, Assembly Speaker Anthony Rendon, Senate Minority Leader Shannon Grove, Assembly Minority Leader Marie Waldron, former Federal Reserve Chair Janet Yellen, Walt Disney Company Executive Chairman Bob Iger, former head of the Small Business Administration Aida Álvarez and dozens of prominent leaders in business, labor, health care, academia and philanthropy.
Read the full list of Task Force members here.
“This pandemic has forced millions of Californians out of jobs – with the most vulnerable hit the hardest,” said Governor Newsom. “While we have made significant progress in flattening the curve and increased preparedness of our health care delivery system, the actions taken have also impacted the economy, poverty and overall health care in California. We will use a gradual, science-based and data-driven framework to guide our re-opening timing while planning our economic recovery. I am honored that dozens of leaders in business, labor, health and philanthropy are stepping up to meet this moment by committing their time and talent to lift up all Californians. Through their leadership, and the leadership of California’s 40 million residents, I have no doubt we will emerge stronger from this crisis.”
The Task Force will work to develop actions government and businesses can take to help Californians recover as fast as safely possible from the COVID-19 induced recession and to shape a fair, green, and prosperous future. They will meet twice a month throughout 2020 to develop options that would work for all Californians, with a particular focus on those hardest hit by the pandemic.
“Governor Newsom has been a steady hand and shining example of how to lead during a crisis, and I am thrilled to help in this critical way,” said Tom Steyer. “In the coming weeks and months, we will bring together the public and private sectors, outside experts, organized labor, environmental groups, and activists to develop recommendations for a recovery plan that works for all Californians, with an emphasis on those communities hardest hit by the pandemic. Our goal is to present Governor Newsom with tangible actions that leverage the task force’s expertise to rebuild California, emphasize smart, green technologies and provide a model for just economic development for our country.”
The Task Force will craft ideas for short, medium, and long-term solutions that reflect communities across the state, and emphasize a fair and equitable recovery. There will be significant emphasis of the state’s strengths, including diversity and innovation. The Task Force will not only focus on our immediate recovery, but on actions to support a cleaner, more equitable and prosperous future for all Californians. It will build on the important work of other groups including the Governor’s Council of Economic Advisors, the Higher Education Council and the Commission on the Future of Work. Both co-chairs of the Future of Work Commission, President of SEIU Mary Kay Henry and Senior Partner of McKinsey & Company James Manyika, will serve on the new Task Force.
The governor formed the Business and Jobs Recovery Task Force just days after he announced a multi-state Task Force with Oregon and Washington to coordinate the reopening of our regional economy. Governor Newsom outlined a road map to recovery with six indicators that should be met before California’s stay-at-home orders are modified.
The COVID-19 pandemic has had a devastating effect on California’s economy. The state has seen more than 2.8 million unemployment claims since March 12, 2020 – not including undocumented residents or independent contractors. The impact has been particularly devastating for California’s small businesses.
Read MoreBy Brentwood Police Department
Friday morning April 17, 2020 at around 8 AM, an alert Brentwood resident called in a report of a suspicious person with a large knife in his back pocket. He was not brandishing the knife and was last seen walking near a creek in the area of Tuckahoe Way.
Officers arrived minutes later and located Adam Ortega, a 35-year-old resident of Brentwood. Ortega was cooperative with police and was found to be in possession of the following items: a machete, hatchet, a knife and a billy club.
Ortega is the same man arrested for vandalism and petty theft from a homeowner on Baird Circle on April 11. Both of these investigations will be updated and forwarded to our District Attorney’s Office for review. (See related article)
Ortega was arrested for felony possession of a billy club and a misdemeanor probation violation. He was transported and booked into the Martinez Detention Facility.
We appreciate our community for their support and remaining vigilant.
Read MoreUPDATE: Filed the case with DA’s office for prosecution; parishioners weren’t wearing masks nor practicing social distancing according to the Deputy Sheriff. Pastor denies those claims.
By Allen Payton
In a press release from the Contra Costa County Sheriff’s spokesman Jimmy Lee wrote, “at about 12:32 PM on Sunday, April 12, 2020, the Office of the Sheriff received an anonymous complaint of an unlawful assembly at the All Nations Church of God in Christ at 1225 York Street in North Richmond.
A deputy responded to the location and saw approximately 40 people inside the church. None of them were wearing a face mask and they did not practice social distancing.
The deputy first spoke to the deacon and asked to speak to the pastor who was in front of the parishioners. The pastor was uncooperative and refused to talk to the deputy.
The deputy left the location and wrote a report.
On April 13, 2020, a Deputy responded to the church and issued a misdemeanor citation for violation of the Health Officer order (California Health and Safety Code § 120295).
The Sheriff’s Office later filed a case with the Contra Costa DA’s Office for prosecution.
‘Our focus has been on education of the Health Officer Order and in the vast majority of cases we ask for voluntary compliance and that solves the problem,’ said Contra Costa Sheriff David Livingston. ‘This was different. The pastor refused to cooperate and put the lives of dozens of parishioners at risk.’”
Asked if the deputy attempted to interrupt the church service to speak to the pastor, Lee responded, “no” and reiterated that the deputy first spoke to the deacon. Asked if the deputy waited until after the church service was over to speak to the pastor, Lee responded, “I don’t have that detail but the Deputy made several attempts to talk to the pastor, who refused to talk to him.”
Attempts to reach the church’s pastor, Wyndford Williams, Sr., for comment by phone and email were unsuccessful prior to publication time. A message on the church’s Facebook page Thursday afternoon stated media inquiries were to be sent to the pastor’s email address and that “a reply will be sent within 24 hours.”
5:11 PM UPDATE: The following “official statement” was received from the pastor refuting the Sheriff Deputy’s claims in his report – “Easter Sunday is one of the most important celebrations in the Christian faith. A small service was held with approximately forty people in attendance. Masks were worn. Hand sanitizers were provided. Families that lived together sat together. Otherwise, social distancing was observed.”
On Monday, U.S. Attorney General Barr issued a statement on “Religious Practice and Social Distancing”.
In it, he wrote, “In exigent circumstances, when the community as a whole faces an impending harm of this magnitude, and where the measures are tailored to meeting the imminent danger, the constitution does allow some temporary restriction on our liberties that would not be tolerated in normal circumstances.
But even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers. Thus, government may not impose special restrictions on religious activity that do not also apply to similar nonreligious activity. For example, if a government allows movie theaters, restaurants, concert halls, and other comparable places of assembly to remain open and unrestricted, it may not order houses of worship to close, limit their congregation size, or otherwise impede religious gatherings. Religious institutions must not be singled out for special burdens.”
The Department of Justice filed a Statement of Interest in support of a church in Mississippi that sought to hold “parking lot worship services, in which congregants listened to their pastor preach over their car radios, while sitting in their cars in the church parking lot with their windows rolled up.” That was because the “city (of Greenville) appears to have…singled churches out as the only essential service (as designated by the state of Mississippi) that may not operate despite following all CDC and state recommendations regarding social distancing… while permitting citizens to attend nearby drive-in restaurants, even with their windows open.”
In the case of the All Nations Church of God, neither the pastor nor parishioners were following the guidelines and practices of social distancing as outlined in the county health officer’s order of “no gatherings”. (See related article)
Asked if the Sheriff’s Office wouldn’t have cited the church if the parishioners had been wearing masks and practiced social distancing, or if it was because more than 10 people were gathered, Lee responded, “Everything we want to say is in the press release.”
See the complete statement by Attorney General Barr, here:
Attorney General William P. Barr Issues Statement on Religious Practice and Social Distancing; Department of Justice Files Statement of Interest in Mississippi Church Case
Attorney General William P. Barr issued the following statement:
“In light of the COVID-19 pandemic, the President has issued guidelines calling on all Americans to do their part to slow the spread of a dangerous and highly contagious virus. Those measures are important because the virus is transmitted so easily from person to person, and because it all too often has life-threatening consequences for its victims, it has the potential to overwhelm health care systems when it surges.
To contain the virus and protect the most vulnerable among us, Americans have been asked, for a limited period of time, to practice rigorous social distancing. The President has also asked Americans to listen to and follow directions issued by state and local authorities regarding social distancing. Social distancing, while difficult and unfamiliar for a nation that has long prided itself on the strength of its voluntary associations, has the potential to save hundreds of thousands of American lives from an imminent threat. Scrupulously observing these guidelines is the best path to swiftly ending COVID-19’s profound disruptions to our national life and resuming the normal economic life of our country. Citizens who seek to do otherwise are not merely assuming risk with respect to themselves, but are exposing others to danger. In exigent circumstances, when the community as a whole faces an impending harm of this magnitude, and where the measures are tailored to meeting the imminent danger, the constitution does allow some temporary restriction on our liberties that would not be tolerated in normal circumstances.
But even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers. Thus, government may not impose special restrictions on religious activity that do not also apply to similar nonreligious activity. For example, if a government allows movie theaters, restaurants, concert halls, and other comparable places of assembly to remain open and unrestricted, it may not order houses of worship to close, limit their congregation size, or otherwise impede religious gatherings. Religious institutions must not be singled out for special burdens.
Today, the Department filed a Statement of Interest in support of a church in Mississippi that allegedly sought to hold parking lot worship services, in which congregants listened to their pastor preach over their car radios, while sitting in their cars in the church parking lot with their windows rolled up. The City of Greenville fined congregants $500 per person for attending these parking lot services – while permitting citizens to attend nearby drive-in restaurants, even with their windows open.[1] The City appears to have thereby singled churches out as the only essential service (as designated by the state of Mississippi) that may not operate despite following all CDC and state recommendations regarding social distancing.
As we explain in the Statement of Interest, where a state has not acted evenhandedly, it must have a compelling reason to impose restrictions on places of worship and must ensure that those restrictions are narrowly tailored to advance its compelling interest. While we believe that during this period there is a sufficient basis for the social distancing rules that have been put in place, the scope and justification of restrictions beyond that will have to be assessed based on the circumstances as they evolve.
Religion and religious worship continue to be central to the lives of millions of Americans. This is true more so than ever during this difficult time. The pandemic has changed the ways Americans live their lives. Religious communities have rallied to the critical need to protect the community from the spread of this disease by making services available online and in ways that otherwise comply with social distancing guidelines.
The United States Department of Justice will continue to ensure that religious freedom remains protected if any state or local government, in their response to COVID-19, singles out, targets, or discriminates against any house of worship for special restrictions.”
Read More
Violation of or failure to comply with this Order is a misdemeanor punishable by fine, imprisonment, or both. (California Health and Saf. Code, § 120295.)
By Kim McCarl, Assistant to the Director, Communications, Contra Costa Health Services
A new health order in Contra Costa County requires anyone working at or visiting an essential business, such as a grocery store or gas station, to wear face coverings to help reduce the spread of COVID-19.
The order, effective Wednesday, April 22, also requires public transit and government workers to wear masks when they come close to others, or where the public is likely to be present. (See the complete, six-page order, here.)
Members of the public must mask when they:
- work at an essential business
- are inside an essential business, such as a grocery store
- visit a healthcare provider or facility
- wait in line for or ride public transportation
Businesses must take reasonable measures, such as posting signs, to remind visitors about masking, and not serve customers who do not observe the order. Workers do not need to mask if they are alone in a personal office but must put them on when others enter.
“We now know that a significant number of people with COVID-19 lack symptoms, or become infectious before they start showing symptoms,” said Dr. Chris Farnitano, Contra Costa County’s health officer. “That is why we all need to start wearing cloth face coverings in public settings where it’s sometimes hard to maintain physical distancing, such as standing in line at the store.”
The new order does not extend to people driving in personal vehicles alone or with members of their households. Contra Costa residents are encouraged to continue to observe safe physical distancing when they go out to exercise or for recreation.
When outside, everyone must carry masks or face coverings and use them whenever they come near six feet of others outside their own households.
People engaged in more strenuous exercise, such as running or bicycling, should stay further apart from others while breathing heavily and take steps to avoid breathing on others, such as moving to the other side of the road to avoid pedestrians and wearing a mask if possible.
The new order does not replace the county’s stay-at-home health order or the need to maintain physical distancing, wash hands frequently and cover coughs and sneezes – all fundamental to reducing the spread of COVID-19.
“Stay in place, maintain your space, cover your face,” Dr. Farnitano said. “One key way the COVID-19 virus spreads is through respiratory droplets that people expel when they breathe or sneeze. By masking and observing physical distancing, we can help protect everyone in the community.”
The order does not require children 12 and younger to wear masks. Children 2 years old or younger must not wear them because of the risk of suffocation.
Face coverings can be anything made of cloth, fabric or other permeable material that covers the nose and mouth and the lower part of the face. Medical-grade masks are not required – a T-shirt or bandana works fine, Dr. Farnitano said.
Masks with one-way valves for easy breathing do not qualify as face coverings under the order because they can release respiratory droplets into the surrounding air.
Visit cchealth.org/coronavirus to read the order or for more information about COVID-19. Visit the Centers for Disease and Control at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover.html for video instructions to make and use cloth face coverings.
Read MoreCited for misdemeanors and released, after menacing family twice in the same night; “We’ll get it submitted to the DA” – Brentwood Police Chief Tom Hansen
By Allen Payton
In an effort to get the man put in jail, who Brentwood Police arrested early Saturday morning for vandalism after menacing a family outside their front door, twice and once with a machete at 4:00 a.m., and stealing their security cameras, the Contra Costa District Attorney’s office said they will consider the case once the police send it to them.
“We are still filing cases but only if they are serious or violent felonies and certain misdemeanors, like domestic violence,” wrote Scott Alonso, Public Information Officer for the Contra Costa District Attorney on Thursday, “Brentwood PD can bring the case over to us for a filing decision. They have a year to do so if it is a misdemeanor and three years for a felony. For this instance, they did not bring the case over for our review given the ongoing crisis and impacts on the court. Since March 30 we have been able to file only the most serious cases.”
“We are working well with our justice partners to reduce the threat of COVID-19 among our jails,” he continued. “We are doing the following with our partners (Sheriff, Public Defender, Probation and Courts): Delayed the prosecution of non-violent crimes and other crimes which do not impact Public Safety; Identified and released elderly and vulnerable inmates whose release does not impact Public Safety; and Arranged the early release of inmates with less than 60 days left to serve in their sentences.”
Later Saturday morning, the homeowner, Voltaire Apse, posted a comment to the Brentwood Police Facebook page along with a screenshot of the surveillance video of the man, showing a scene that appeared to be straight out of a horror movie, which was shared on social media and with the Herald late Tuesday night. Apse explained the frightening ordeal he and his family experienced.
A KTVU Fox 2 news report on Wednesday showed the surveillance video of the man approaching the residents’ front door with a machete in hand and stealing the surveillance cameras. The report claimed the man wasn’t taken to county jail due to COVID-19 concerns and was merely cited for misdemeanors and released.
Then according to a KPIX CBS 5 news report on Thursday, the Brentwood Police explained why they had only charged the man with misdemeanors of vandalism, for stealing the family’s security cameras and slashing one of the tires on their car, citing and then releasing him. That’s because they weren’t aware the man had a machete, since the homeowner hadn’t shared that information.
“We didn’t know about the machete until later,” said Brentwood Police Chief Tom Hansen Thursday evening.
The suspect’s name is Adam Scott Ortega.
“We know this guy. He’s a regular,” the chief stated. “That was a poor Channel 2 news report that people weren’t going to jail (because of COVID-19). The picture was scary. We arrested him.”
“Even if it wasn’t COVID-19, possession of a machete isn’t a crime,” Hansen explained. “You have to brandish or assault someone with it. It was a misleading story that got everyone worked up. That’s why I got on it, this morning. I got messages out to the city council. We put it out on our Facebook page.”
“The county chiefs talked to the sheriff, today and we talked about these kinds of cases,” he shared. “The sheriff is very supportive of the chiefs, as is the DA. We’ll get it sent to the DA. We have to meet certain elements of crime in order to arrest and charge someone. We didn’t recover a machete. We don’t know if he wasn’t using it to pry off something. He stole some stuff. It looks like a machete. He didn’t threaten anyone. He did scare some people. I would have been scared, too if he came to my house.”
Asked if the case was sent over to the DA’s office, Hansen replied, “not today, but it will go over with the misdemeanors. I’m hoping with the information that I released, today that it didn’t take 15 minutes to get there, it took five minutes, then it took a minute and 30 seconds to get there (the second time), it will help alleviate some concern in the community.”
The post on the Brentwood Police Department’s Facebook page reads as follows:
“We are receiving a lot of feedback about a story on social media and the local news that has raised concerns with some in the community. And, that response is understandable given the partial information that has been reported.
The story involved a suspect, holding a machete, who was on the front porch of a Brentwood home, who vandalized the property, and ultimately was arrested and cited by our officers for a misdemeanor and not taken to county jail.
But, there is a key element missing from this story.
As far as our officers were concerned when they responded that morning, there was no machete. Nor was there any reason to think a machete was part of this incident. The homeowner did not report that the man had a machete. The photos from the video surveillance the homeowner provided did not show the suspect holding a machete. When officers found the suspect, he wasn’t holding a machete.
The photos attached to this post are the images the officers saw that morning.
It was only on the NEXT DAY that we were provided a new portion of the video by the homeowner showing the suspect holding a machete.
It was clearly a traumatic night for the homeowner and his family. Often times, in situations like this, important information does not come out immediately and, given the dramatic nature of these events, that’s not unreasonable.
At the time, what our officers were confronted with was a suspect that had knocked on the homeowner’s door shortly after 2 AM, was seen on-camera wearing a mask and looking into cars, he slashed a car tire, and had damaged and removed two security cameras.
Officers responded within five minutes but the suspect was not there. He did return to the home at around 4 AM, and this time our officers, responded in one minute and found the suspect near the home.
All of the stolen items, which were returned to the homeowner, were valued at $300. Under state law this is petty theft, a misdemeanor. He was arrested but released with a notice to appear in court. This is how petty theft and vandalism investigations are currently handled.
If the officers had information at the time about a machete, it could have altered the outcome of the investigation and arrest. This new evidence will be delivered to the District Attorney’s Office for further consideration of additional charges.
In addition, we are working under this new directive provided by Sheriff Livingston to all Contra Costa Police Agencies:
‘The highest risk of exposure and spread of the virus will come from arrestees brought into the facility. Therefore, the Office of the Sheriff will only be accepting arrestees charged with felony on-view crimes and warrants, domestic violence related misdemeanors, and restraining order violations. We ask all arresting agencies make reasonable efforts to limit the number of transports to the Martinez Detention Facility by exercising authority to cite release in the field in lieu of transporting and booking. If exceptions to this policy become necessary, please have your on-duty supervisor or watch commander contact the jail supervisor or sheriff’s office watch commander to discuss.’
We have received several questions as to how we would allow an armed person with a machete get away.
We hope this provides an understanding of what we did, and why, given the information we had at the time.
Sometimes the law can be very frustrating and confusing, but know that we will always do our utmost to provide our community with the best service possible.”
Apse responded to the post by the Brentwood Police in a post on his own Facebook page, Thursday evening, writing:
“After the officers left (that would be approximately between 4:30-5am) I took time to review my video footage. That was when I saw the suspect holding the machete and was attempting to get inside the house. (Banging on the door). Right after this, I downloaded the video footage, and sent it via text message right away to the responding officer. I sent the message exactly at 6:48 am. She did not respond to me. This is not the NEXT DAY.
This was just a couple of hours after the incident. I even called her once around 10am, she did not respond. So, I called BPD exactly at 10:15am. I was told that the only person who can help was the responding officer herself. So, whoever answered the phone transfered [sic] me to the responding officers voice mail. Around 6:45pm, she was calling me and left a voice message stating that she received the video I sent earlier that day.
So, that means, she acknowledged that I informed her about the machete, on the same day. Eventually, late that evening, I was able to talk on the phone with the responding officer and she said she will add the machete incident to the case.”
Reached for comment about the incident on Wednesday night, Brentwood Mayor Bob Taylor said he would call the police chief Thursday morning, and Councilwoman Claudette Staton said she would call District Attorney Diana Becton on Thursday, as well.
“The Chief of Police got right on it,” Taylor said on Thursday. “He heard from the city manager. He covered every detail of what we were upset about. He did a recap of what happened, and he took action where it was appropriate” and now the case is going to be sent to the DA’s office.
“There’s even more to the story. The Sheriff’s Office wouldn’t take him,” Taylor added. “And they’re letting out the criminals. I don’t want them to catch the virus. But, meanwhile I’m in an 8 by 12 cell, myself.”
“I put a call into District Attorney Diana Becton, today,” said Councilwoman Staton. “DA Becton told me she’s aware of the incident but that it will have to be brought to her for her to consider it. It hasn’t been brought to the DA’s office, yet.”
Jimmy Lee, Director of Public Affairs for the Contra Costa County Office of the Sheriff was asked Wednesday night if Sheriff David Livingston would make an exception in this case and put the man in jail.
He responded Thursday evening, “I have not heard back from him, yet.”
However, Livingston can’t make a decision until the case has been sent to the DA’s office and they decide to file charges against Ortega. Then the sheriff can decide if he will make an exception to the COVID-19 situation and put the suspect in jail.
Read MoreBy Allen Payton
As of Thursday, April 16, 2020 at 11:30 a.m. Contra Costa Health Services (CCHS) is reporting a total of 631 cases of COVID-19/coronavirus, and a total of 16 deaths in the county on their dashboard. There are 37 people diagnosed with the virus currently hospitalized.
There were 41 new cases reported on Monday, 16 more on Tuesday and 18 more cases reported on Wednesday.
Of those who have tested positive in the county, the cities or communities with the most cases are as follows: Richmond has 66 cases, Concord has 60, Pittsburg has 49, Antioch has 46 cases, Brentwood has 40, Walnut Creek has 37, Orinda has 36 cases, Pleasant Hill has 32, Bay Point and San Pablo each have 31 cases, San Ramon has 27, Oakley has 25 cases, followed by Danville with 22.
A total of 8,282 people have been tested for the virus in the county.
The county’s coronavirus dashboard is now offering hospital information. It shows the daily Intensive Care Unit Occupancy Rate and Ventilator Utilization for all hospitals in the county.
The largest category of those who have been diagnosed with the virus continue to be people ages 41-60 with 227 cases, 188 cases for those age 21-40, 144 cases among those age 61-80, another 47 cases of those age 81-100 and 24 cases of those age 20 and under.
To see the all the statistics provided by CCHS, click here.
Read MoreBy Kim McCarl, Assistant to the Director, Communications, Contra Costa Health Services
Contra Costa County and several of its cities are working to reduce the spread of COVID-19 in local homeless encampments by placing handwashing stations and portable toilets near them.
Four handwashing stations and four portable toilets with attached handwashing stations were placed at Martinez’s Waterfront Amphitheater on Tuesday, the first of several sanitation equipment deliveries planned in coming days.
The stations were ordered through the Contra Costa County Emergency Operations Center in support of local cities that requested the assistance, including Antioch, Richmond and Walnut Creek.
“We must work proactively with our homeless population to reduce the spread of COVID-19, and to save lives,” said Candace Andersen, chair of the Contra Costa County Board of Supervisors. “People who lack housing are particularly vulnerable. Without running water, it is very difficult to wash your hands and practice the hygiene needed to reduce your risk of infection.”
City governments in Antioch, Richmond and Walnut Creek are now determining where to place as many as 10 handwashing or portable toilet stations each, based on locations frequented by residents in their communities who are experiencing homelessness.
“During this challenging time, we need to support each other. We have been working closely with all cities in Contra Costa to ensure they have what they need to meet the most pressing response needs at the local level,” said Supervisor Federal Glover, whose district includes Martinez.
Nearly 2,300 people need housing on any given night in Contra Costa, according to the most recent data available through the county’s annual homeless point-in-time count.
“Assisting people who need housing during this challenging time helps everyone,” Martinez City Councilmember Noralea Gipner said. “To flatten the curve and keep our healthcare system ready to respond, we need to reduce the risk of COVID-19 to the most vulnerable people in our community.”
CORE outreach teams from Contra Costa Health Services’ Division of Health, Housing and Homeless Services (H3) have been delivering sanitation supplies, such as hand sanitizer, to people living outdoors for several weeks to help improve sanitation at area homeless encampments.
H3 has also coordinating closely with county homeless service providers to identify clients who are at elevated risk due to age or health and place them in hotel rooms, and to temporarily transfer occupants of crowded shelters to hotels to better maintain physical distancing.
Through California’s Project Roomkey, H3 has secured 450 hotel rooms in the county for temporary use by homeless residents. As of Tuesday, no COVID-19 outbreaks have been reported at homeless shelters or service providers in Contra Costa County.
Visit cchealth.org/coronavirus to read the order or for more information about COVID-19.
Read MoreContra Costa County residential and commercial tenants clobbered from COVID-19 financial impacts might be on the receiving end of some monetary relief as county supervisors requested Assistant County Counsel Mary Ann Mason on Tuesday to draft an emergency ordinance that could deliver rent and eviction moratoria.
Supervisors will meet at a special Tuesday, April 21 afternoon meeting to potentially act on a countywide rent control and eviction moratorium ordinance modeled after one the Santa Clara County Board of Supervisors adopted recently.
About 70 persons submitted written comments asking supervisors meeting remotely via teleconference to adopt a moratoria ordinance. Each comment was read into the record.
Amelia Hernandez, a single mother who rents a room in a San Pablo house, requested that supervisors adopt a moratoria ordinance in order to “protect all tenants like her who has seen her work cut to 3 days a week.”
Mark Mahone told supervisors “the best solution is a countywide solution” citing that only a few Contra Costa cities have addressed moratoria on evictions and rent. Those cities are Antioch, Concord, Richmond, and Pittsburg.
District 1 Supervisor John Gioia of Richmond, who two weeks ago initiated the request to have the board adopt a moratoria ordinance, recommended the Santa Clara County ordinance because it also best addresses the needs of citizens and property owners in Contra Costa County.
In a comment on Facebook, during the meeting, explaining his support for the moratorium, Gioia wrote “What I said and the majority of the Board agreed was that only during this health emergency, an owner cannot evict a tenant who is paying their rent just so the owner can leave the unit vacant. Think about that – you want a tenant who is paying rent evicted during this crisis and leave the unit unoccupied? I stand by my and the Board majority’s decision! The owner can evict if the owner and immediate family wants to move back in or for a health and safety reason”
The Santa Clara County moratoria on evictions applies countywide. Residential evictions are prohibited if due to nonpayment of rent caused by COVID-19 until May 31, 2020 unless extended. Small business evictions are prohibited only if due to nonpayment of rent caused by COVID-19 Until May 31, 2020. The Santa Clara ordinance includes a 120-day grace period from the expiration of the ordinance. The ordinance bans “no fault” evictions. The Santa Clara ordinance does not have a rent freeze provision, except for Costa-Hawkins Rental Housing Act exemption cases.
Supervisors said cities like Antioch, Concord, Richmond and Pittsburg that already have rent and eviction moratoria in place will have those moratoria honored if and when a county ordinance that is adopted.
“Ordinarily I’m not in favor of moratoria,” said board chair Candace Andersen of Danville. “but I realize we have a high number of unemployed. I know we need to find ways to help people reenter the economy.”
“I feel this should be countywide for cities that don’t have ordinances in place,” said District 5 Supervisor Federal Glover of Pittsburg. “I am also concerned what will happen when this moratoria ordinance is lifted.”
In the meantime, Contra Costa County Health Director Anna Roth reported since the supervisors last met two weeks ago, the number of persons stricken with COVID-19 symptoms has risen from 187 cases to 552 cases and the number of deaths has quadrupled from 3 to 12 deaths.
County Health Officer Dr. Chris Farnitano said the county along with efforts of John Muir and Kaiser Permanente have stepped up training at county nursing home facilities to combat the spread of COVID-19 infections among the population’s most vulnerable, senior citizens.
In addition, the county health officials have begun to move the homeless into 300 hotel rooms that the county has bought mostly in the Richmond area, Dr. Farnitano reported.
Approve Executive Order to Conduct November Election by Mail
Supervisors unanimously approved a resolution presented by County Clerk-Recorder Deborah Cooper to conduct the November election only by mail. The board resolution in coordination with other counties will request Gov. Gavin Newsom to issue an Executive Order directing that the November 2020 election be conducted by mail.
Given the COVID-19 pandemic state of emergency will be in place for an indefinite period, County Clerk-Recorder Cooper said the county would best serve the voting needs of its citizens and save the county thousands of dollars.
“Eliminating polling places, poll workers and their training, election day ballots, and voting supplies would provide significant costs savings in the vicinity of $320,000,” Cooper wrote in her letter to supervisors. “Increased vote-by-mail costs, including postage, and processing time, are estimated to be $360,000.”
Cooper wrote: “Many of our polling places and volunteers have indicated that they will not serve in November due to the virus and the state of emergency. On March 3, 2020, over 200 volunteers failed to show up to work at the polls. Experts indicate that it is likely that the virus will remain active or re-emerge this fall during the election season posing a persistent risk to citizens.”
“Our request is that the Board, possibly in coordination with other counties, pass a resolution requesting the Governor to issue an Executive Order substantively the same as the March 20, 2020 order directing the election to be conducted by mail, “wrote Cooper.
So Far, No Deaths in County Jails
Contra Costa County Sheriff David Livingston reported that since the board of supervisors passed a state of emergency on March 17, there has not been one reported COVID-19 related death in county jails.
“Eighty-nine percent of the prisoners are in single cells to help prevent the spread of COVID-19,” the sheriff said.
Among those being held for serious offenses are murder, 164; children underage, 98; rape, 22; robbery, 108; burglary, 101; and deadly weapon, 186, the sheriff reported.
Read More