According to Kim McCarl, the county health services communications assistant, the “guidelines will be the same as the state’s”. No word on if the requirement to create lists of the names and contact information of all attendees to be given to the county upon demand will still be included. (See related article)
New Contra Costa health order requires churches gather names and contact info of all worship service attendees and give it to county upon demand
By Allen Payton
In his Friday, June 5, 2020 order, Contra Costa County Health Officer Dr. Chris Farnitano now allows religious services to hold outdoor worship services of up to 100 people and indoor worship services of up to 12 people. (See related article)
However, buried deep within the order, in Section 3, Subsection B3 of “Appendix C1 – Additional Businesses” the order requires “A record of attendance, including the names and contact information for each attendee at a service or ceremony, must be created and preserved by the Place of Worship for a minimum of 14 days, and provided to Contra Costa Health Services immediately upon request in the event that a COVID-19 case is linked to the event.”
An email was sent to all five members of the County Board of Supervisors and county health services communications staff, in an attempt to reach Dr. Farnitano, Saturday evening with the following questions.
- Are you also requiring protest organizers to provide a list of those who attend them?
- Or restaurants to provide you a list of diners who enjoy outdoor dining at their locations?
- How would anyone know a COVID-19 case was linked to an outdoor worship service of up to 100 people or an indoor one of up to 12 people?
- Don’t you think you’ve infringed on the First Amendment rights of people of faith in our county enough already?
- Don’t you think this goes way too far?
- Was the county counsel consulted before this was included in the order?
Four of the members of the board were also sent text messages asking them to check their emails for the message.
Supervisor John Gioia, who was an attorney before being elected to the board in 1998, responded first via text message with, “Yes. It’s to keep track of people who are in contact with someone who tests positive. For contact tracing. And have them isolate for 14 days if they test positive.”
When asked again if protesters are required to give their names and information and what about restaurants that serve outdoor diners, he simply responded, “It’s a fine balance. I understand the arguments on both sides.”
Board Chair Candace Andersen responded by email with, “Karen (Mitchoff) and I chair at COVID Ad Hoc Committee each Thursday at 1:30 pm (available to all via Zoom). This week we had Dr. Farnitano explain this provision at our meeting. It’s simply there so that if there is a COVID outbreak, a church could make the names of attendees available so that they could be traced/tracked and notified that they may have been exposed. The only time these names would be requested is if there was, in fact, someone who came down with COVID in the congregation.”
“In a workplace or at a school the Health Department would also request the names of everyone who was present and exposed to someone who tested positive for COVID. In those settings the names would already be available because of the nature of the business,” she continued. “I will ask our Health Team to put an FAQ up so that its purpose can be clarified.”
In response, another email was sent to Andersen, Mitchoff, and the county health services communications staff, asking for answers to the questions from the first email that were not answered by Andersen.
The requirement from the June 5th order was shared on social media and almost all the comments about it were negative such as, “Do businesses with thousands of people going in and out need to record all of this? I go to many businesses and my name is never recorded, unless it is a dentist or something,” and “That is so crazy…are we still in the USA? Or is this a bad dream?”
Another commenter asked, “How about the names of the thousands of…protestors before they go out and the looters too?” Another comment reads, “I’ve wondered how they are tracking all the people at Walmart, Target and Home Depot. They don’t take attendance there.”
“Ridiculous! Control! Why not other businesses? Only churches?” asked another commenter. “I won’t attend until that changes. My name isn’t going on any list,” wrote another.
One pastor wrote, “That’s too far” and another wrote, “I’m not doing that. They don’t do that with Walmart, Home Depot, etc.”
The Bill of Rights are limitations on the power of government. It can be argued that the requirement in the county’s health order violates both the First and Fourth Amendment rights religion, peaceful assembly and privacy, of both the worship service attendees and those of the places of worship.
The First Amendment mentions religion first in the list of rights, because that is the first reason our nation was founded, going back to the Pilgrims in 1620. It reads “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” That applies to any state law, county or city ordinance, regulation or order, as well.
The Fourth Amendment refers to what is described as the right to privacy. It reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” So, a church or other place of worship could require the county to provide a warrant to obtain the information the order requires.
6/7/20 UPDATE: Chair Andersen Responds
In an email received by the Herald on Sunday afternoon, June 7, Board of Supervisors Chair Candace Andersen offered the following responses to some of the questions posed to her and the rest of the board members and Dr. Farnitano:
“How would anyone know a COVID-19 case was linked to an outdoor worship service of up to 100 people or an indoor one of up to 12 people? That’s why we have contract tracing in place. We would track/trace people at both venues to make sure others who were exposed are tested, thus preventing a serious outbreak.
Don’t you think you’ve infringed on the First Amendment rights of people of faith in our county enough already? In a worldwide pandemic of this scope we are continually balancing the health of the community versus any limitations we need to impose upon the public. I really miss going to church. For my entire life I have gone every single Sunday unless I was home sick. However, I can see how it is for the greater good to NOT have live church services where we could potentially be exposing each other to a horrible virus. And, I continue to worship at home with my family, with fellow church members via Zoom and YouTube, through reading scriptures, listening to uplifting music, and finding new ways to connect spiritually. Yes, it’s different than it was, but I also know it is only temporary. More importantly, “the State” is not telling me how or who I should be worshipping, only that it is unsafe to gather as a congregation right now. As you know, the State Supreme Court has agreed that in this emergency we’re in, this is an acceptable limitation.
Don’t you think this goes way too far? Was the county counsel consulted before this was included in the order? All Health Orders have County Counsel’s review before they are implemented. I would be concerned if churches were mandated to report attendance each week, but they’re not. No one is reviewing the attendance or calling out who is or is not there. Churches are just being asked to be in a position to identify who was present at a service so that if there is an outbreak, the affected people can be notified and tested.”
However, the recent ruling in the case before the Supreme Court had nothing to do with government requiring places of worship to collect the names and contact information of those who attend worship services and provide it upon request.
A more complete question was sent to her and Dr. Farnitano asking, “how would anyone know a COVID-19 case was linked to an outdoor worship service of up to 100 people or an indoor one of up to 12 people if that same attendee participated in a number of other activities, both indoor and outdoor, during the week?
Possible legal action can be expected against the county in the very near future.
Please check back later for any updates to this report.
Contra Costa Health Director issues Road to Reopening for more businesses, schools but not churches
Road to Reopening – A message from Anna M. Roth, Health Director, Contra Costa County
(June 6, 2020) – Thanks to all your collective efforts and sacrifices for the health of the community, we are making progress in our fight against COVID-19. There is light at the end of the tunnel.
The state is permitting us and other counties to chart their own courses based on local conditions. We are now able to provide a timeline laying out when we are aiming for opening more businesses and allowing more activities. I hope this provides some clarity about our hoped next steps. We will be updating this document as we get further guidance from the state and in consideration of the status of COVID-19 in our community. Stay safe and we will all get through this together.
But the road map includes the caveat of “We hope to continue opening up the county but, may need to reconsider openings based on the course of the pandemic.”
However, the road map includes the caveat of “We hope to continue opening up the county, but may need to reconsider openings based on the course of the pandemic.” An email was sent to the county health services asking why churches/religious services are not included and when they will be. Please check back later for updates to this report.
For more information visit www.coronavirus.cchealth.org.
Allen Payton contributed to this report.
More reopening in Contra Costa effective Friday at 5 p.m. – outdoor dining, pools, religious services with strict limits
From Contra Costa Health Services
Contra Costa County residents may again enjoy outdoor swimming pools, outdoor seating at restaurants and dog parks under a new health officer order released today.
The order, effective 5 p.m. today, also allows for outdoor religious services of up to 100 people, indoor religious services of up to 12 people, use of outdoor picnic and barbecue spaces, and overnight camping for people belonging to the same household.
Because of the progress made in the fight against COVID-19, Contra Costa health officers feel confident opening additional businesses and activities. The State of California has determined that while counties can move slower than state in reopening, they cannot move more quickly. The openings announced today bring Contra Costa County in closer alignment to state guidelines. It also aligns with other Bay Area counties taking similar steps.
“We have made great progress slowing COVID-19 in our county,” said Candace Andersen, chair of the Contra Costa Board of Supervisors. “I want to offer a heartfelt thank you to all who suffered and sacrificed to follow these health orders throughout this pandemic. I know it has not been easy. But you have helped save lives.”
This order follows a modification earlier this week that allowed offices and many retail businesses to reopen and created guidance for small gatherings including people from different households.
Previous health orders requiring physical distancing and face coverings in public spaces remain in effect. Contra Costa residents should also continue to emphasize handwashing and other hygiene measures in their daily lives to reduce their risk of becoming infected.
“COVID-19 is still circulating in our community, and we need to take precautions to prevent outbreaks,” said Dr. Chris Farnitano, the county health officer. “Another way we can keep ourselves and our families safe is to get tested, even if we feel well.”
The new order includes guidance for safely conducting the newly permitted activities, including requirements for businesses. Details, including the full text of the order, are available at cchealth.org/coronavirus.
Contra Costa’s progress in COVID-19 fight means retail businesses can reopen on Wednesday, June 3
Plus, small outdoor gatherings, childcare and camps for all children, and libraries with curbside pickup; protests of up to 100 people with social distancing and masks also allowed (LOL – no seriously. They’re “allowed” now)
By Kim McCarl, Communications Assistant, Contra Costa Health Services
Thanks to substantial progress being made in the fight against COVID-19, Contra Costa County residents can go back to work, shop at local retail stores, get childcare and hang out with small groups of loved ones starting June 3.
Indoor retail shopping, business offices, outdoor museums and pet grooming are among the businesses that will reopen in Contra Costa County under the latest shelter-in-place order released today. The order also permits services that don’t require close customer contact, such as housekeeping, car washes, plumbing and pet grooming.
The new health order also allows small outdoor social gatherings, as well as childcare and camps for all children, not just children of essential and allowed workers. Those childcare services and camps still can only have up to 12 children in stable cohorts.
Libraries can reopen for curbside pickup service and protests of up to 100 people will also be permitted. Religious services will be able to resume on June 15, although with some limitations. In the coming days, the County will be consulting with the state about reopening swimming pools and outdoor dining.
“This latest step toward reopening our county is a reflection of our successful collective effort as a community to limit the spread of the virus,” said Dr. Chris Farnitano, the county’s health officer. “I know there’s a lot of frustration out there, but it’s important to keep in mind that interventions like social distancing have saved lives.”
To date, 37 people have died from COVID-19 in Contra Costa, a county with a population of 1.15 million people. Dr. Farnitano said had the county had not acted early and aggressively, enacting the initial shelter-in-place order on mid-March, ten times as many people would have died from the virus.
Contra Costa has made significant headway in meeting its five indicators for reopening. Aside from new cases and hospitalizations not increasing, all eight hospitals have attested they now have a 30-day supply of personal protective equipment, one of the five reopening indictors. Hospitals also have sufficient capacity to handle more patients. While progress has been made in testing, the county still needs to triple the amount of tests being done to reach its goal.
The latest health order follows previous relaxations of the shelter in place that allowed construction, real estate transactions, curbside retail and manufacturing, recreational activities like golf and tennis and reopening of outdoor businesses like nurseries.
This Order supersedes the May 18, 2020, Order of the Health Officer directing all individuals to shelter in place (“Prior Order”). This Order continues to restrict most activity, travel, and governmental and business functions to essential needs and to the Outdoor Activities and Outdoor Businesses that the prior Order allowed to resume. But in light of progress achieved in slowing the spread of COVID-19 in the County of Contra Costa (the “County”), the Order allows a limited number of Additional Businesses (as described in Section 15.n…and in Appendix C-1) and Additional Activities (as described in Section 15.o…and in Appendix C-2) to resume operating, subject to specified conditions and safety precautions to reduce associated risk of COVID-19 transmission.
What’s Allowed Now
Businesses include indoor retail, shopping malls, shopping centers and swap meets, manufacturing and logistics and warehouse facilities.
The additional activities now allowed include social gatherings of persons in a Social Bubble, as defined below, may take place if: the gathering takes place outside only, and the participants comply with all other applicable requirements under this Order. In addition, persons in social bubbles over 12 years of age are strongly encouraged to maintain social distancing from each other w ear face coverings
Finally, protests are also allowed now. Subject to requirements and restrictions of the local jurisdiction in which the protest takes place, persons may participate in protests if they wear Face Coverings and comply with Social Distancing Requirements, and attendance does not exceed 25 percent of the area’s maximum capacity or 100 persons, whichever is lower. (Editor’s Note: Seriously, that’s what the order includes. We will see if that part of the order is enforced).
As a condition of operating under this Order, the operators of all businesses must prepare or update, post, implement, and distribute to their personnel a Social Distancing Protocol for each of their facilities in the County frequented by personnel or members of the public.
An email asking if churches can reopen their administrative offices was sent to the spokesperson for the county health services. No response was received prior to publication. Please check back later for updates to this report.
To see the full order, click here. To see additional details on orders from the county health officer visit https://www.coronavirus.cchealth.org/health-orders. For more details on the new health order, visit cchealth.org/coronavirus.
Allen Payton contributed to this report.
Bay Area Health Officers issue joint statement of ongoing partnership in reopening activity
While continuing to protect the community
The health officers of Contra Costa County, Alameda County, Marin County, Santa Clara County, City and County of San Francisco, and City of Berkeley issued the following statement on Monday, June 1, 2020:
These are among the most challenging times our community has ever experienced. We will continue to do all that we can to protect the most vulnerable and keep everyone safe. Thanks to the commitment of our communities to practice social distancing and follow public health guidance, we expect to move forward with additional openings starting this week.
As we proceed through the uncharted territory of reopening businesses and activity in the midst of a global pandemic, the Public Health Officers across the Bay Area continue to work in close collaboration on how to best protect the residents of our region. Each decision we make involves difficult trade-offs and affects the community’s wellbeing in many different ways. As we open additional sectors, we are relying on businesses to consistently follow social distancing protocols and public health guidance to protect their employees and customers. Bay Area residents should still stay home as much as possible, wear face coverings, frequently wash hands, stay home when feeling ill, get tested if exposed, and follow the other precautions that have helped our region make such outstanding progress to slow the spread of COVID-19.
We are carefully tracking data related to the spread of COVID-19 in our region and in each of our own communities. We are encouraged by what we are seeing in some areas and concerned about what we are seeing in others. As we move forward together, we will each make choices about what to reopen and how quickly to do so. Those decisions will be based on the data related to the specific conditions in our communities, as well as our joint assessment of broader regional trends.
Although the specific path forward and timeline in each community may vary slightly, we are united in our commitment to work together as a region; to ensure our decisions are data-driven; to take steps that are measured, careful, and to allow sufficient time between significant changes to understand their effects.
More reopening expected this week in Contra Costa: business, social activities being considered
But no churches until June 15 and only outdoor events
By Dr. Chris Farnitano, Contra Costa County Health Officer & Anna Roth, Contra Costa County Health Director
May 30, 2020 – If we continue to make progress in our fight to contain COVID-19, Contra Costa County will be relaxing more restrictions on businesses and social activities in the coming days and weeks. Details will be announced on June 2. Below are some of the most significant changes being considered: Effective Wednesday, June 3
Businesses
- Office-based businesses (telework remains strongly encouraged)
- Services that don’t require close customer contact, such as housekeeping, car washes, pet grooming and plumbing
- Outdoor museums, and open gallery spaces and other public spaces with modifications
- Indoor retail stores, including shopping malls and swap meets
Activities
- Childcare, including child and youth educational activities and camps for all children, not just essential and allowed workers
- Small outdoor social gatherings with social distancing (household support bubbles and child extracurricular activities)
Effective Monday, June 15
These are higher risk activities and thus restrictions would be relaxed at a later date.
- Limited-capacity religious services and cultural ceremonies up to 100 people. These would be limited to outdoor events only.
- Protests up to 100 people; limited to outdoor events only
The state has a timeline for opening higher risk activities like swimming and salons, which can be found at covid19.ca.gov.
Places to cool off in Contra Costa County on Saturday during extreme heat
Employment & Human Services Department Opens Four Locations for Hot Weather Relief
The Contra Costa County Employment & Human Services Department (EHSD) has partially re-opened four of its public lobbies where residents can cool off on days of extreme heat during the COVID-19 shelter-in-place health order. The places to get relief from hot weather are open to all, including individuals, families with children, seniors and disabled adults. Water and charging stations are available at each of the following locations, open for cooling off from Saturday, May 29, 2020, from 11 a.m. to 5 p.m.
EHSD District Office | 4545 Delta Fair Blvd. | Antioch | |
EHSD District Office | 400 Ellinwood Way | Pleasant Hill | |
EHSD District Office | 151 Linus Pauling | Hercules | |
EHSD District Office | 1305 Macdonald | Richmond |
Social distancing and face covering requirements are in place in the EHSD buildings, and capacity may be limited in order to comply with County health orders. Community members should NOT go to any of these places to cool off if they have been exposed to or are exhibiting symptoms of COVID-19, or if they have been ordered to quarantine. All visitors to EHSD offices are required to answer screening questions, per CDC guidelines, before they can enter the buildings.
During the COVID-19 shelter in place, EHSD’s regular programs and services are NOT available at these offices. County residents can call (925) 957-5647 or (925) 957-5648 (Spanish) for assistance with CalFresh, CalWORKs, Medi-Cal and other benefit programs.
Contra Costa County Employment & Human Services
Employment & Human Services (EHSD) partners with the community to deliver quality services to ensure access to resources that support, protect, and empower individuals and families to achieve self-sufficiency. Based on the core values of delivering an exceptional customer experience, encouraging open communication, embracing change, practicing ethical behavior, and embracing diversity, EHSD envisions Contra Costa County will continue to be a thriving community where all individuals and families can be healthy, safe, secure and self-sufficient. More information about EHSD is available at www.ehsd.org.
County Health Officer will consider following state guidelines for churches, Supervisors don’t have authority to overrule him
Spiritual counseling is allowed in county, church services still aren’t; waiting for update next Tuesday to determine new orders
By Allen Payton
During the meeting of the Contra Costa County Board of Supervisors’ Ad Hoc Committee on COVID-19 Economic Impact and Recovery on Thursday, May 28, 2020, Board Chair Candace Andersen, Supervisor Karen Mitchoff, and County Health Officer Dr. Chris Farnitano heard from frustrated county residents on reopening the county. According to the agenda, the meeting was to “Consider the impacts of COVID-19 on religious gatherings and discuss pathways that may allow them to resume, if possible, within the limitations established by” Farnitano.
General Public Comments
A variety of residents spoke during public comments on issues not on the agenda
“Take back control from the Contra Costa County health officer and move on to Phase 3,” said Gertrud Jeffries.
Brentwood Vice Mayor Joel Bryant said he was, “asking our Supervisors of the Board to tell the county health officer to follow the governor in the guidelines.”
A woman who identified herself as “They Call Me Non-Esssential” spoke about the information provided by a doctor at John Muir Medical Center in Walnut Creek about more suicides than COVID-19 deaths in the county. “Dr. Farnitano said he hadn’t seen that data,” she said.
Robert Jackson, owner and CEO of Proforma Health Club in Walnut Creek, asked for guidance for health clubs that have a large outdoor area, and “more clarity on timeliness for reopening…after the expiration.”
Ric Campos of Campos Family Vineyards in Byron said, “We’re very involved in our community…hosting fundraising events and we have a tasting room. We can meet all the protocols. We submitted them to the supervisors. We also have a church that meets here, on Sundays. These numbers just don’t add up.”
“I understand Dr. Farnitano has a job to do. But he’s focusing on the medical. I’m asking our supervisors to look at the big picture, because this virus is hurting our businesses,” Campos continued. “Only 37 have died, which is horrible. But most of them are over 80 and 90 years old and others are over 70 years old. I’m asking our supervisors to step up. You have the authority to override the doctor. Something has to be done. It’s getting bad. So, please…”
“…help this community we’ve elected you to oversee,” said Michelle Campos, concluding her husband’s remarks.
Patricia McBroom spoke of “a community pool we can accommodate small groups. I would like the county to follow the CDC guidelines on small housing…for them to schedule their own uses. It doesn’t make sense to have one category.”
Tricia Wilkalis said, “I want to talk about these small businesses, I’d rather shop at them than the large retailers. I think they’re more safe.” She then spoke of mental health and a young man who attempted suicide. “I want you to reevaluate this lockdown and what it’s doing to our citizens.”
“There are exceptions to wearing masks,” said Supervisor Candace Andersen.
Dr. Farnitano said, “About wearing masks, this is about changing science and recommendations from the Centers for Disease Control. Most transmissions are from people without symptoms. Universal face coverings have a big effect on limiting the spread. People with medical conditions where wearing masks restrict their breathing, we need to let business owners know not to interfere with them not wearing masks.”
A question about dance, gymnastics and camps was asked.
“Where do you see dance classes coming in from the state order?” asked Andersen.
“The state has not provided guidance on that, yet. Our current order allows outdoor activities that allow for six feet apart, like Tai Chi classes,” Dr. Farnitano said. “I haven’t seen any differentiation, yet.”
He was then asked by Andersen about suicides, and that “the shelter in place does cause a huge emotional strain.”
“When we see recessions in general, that causes physical stress that leads to mental stress,” Dr. Farnitano said. “The shelter-in-place is causing a tremendous amount of stress. Looking across the county we’re not seeing a change in suicides. We’re reaching out to the hospitals to gather the data. It is a concern.”
Andersen encouraged people to dial 2-11 for crisis intervention or health services, for counseling and for help.
“This issue has been dominant in our calls between supervisors and health staff,” said Supervisor Karen Mitchoff. “Our sheriff will be gathering 24 months of data. There have been additional numbers of suicide in the count. But he’s not seeing a trend there. We don’t have that data, today.”
Andersen asked about outdoor dining, tasting rooms. When do you anticipate…where do you see that falling in, Chris?”
“Seated dining as opposed to take-out is in the state’s Phase 3. The state’s order doesn’t allow that anywhere in the state, yet,” Dr. Farnitano said. “A lot of health officers are talking about outdoor dining, first, because of the air flows and the spacing. It’s probably coming and the state’s going to be coming up with guidance on that.”
“We’re almost at two weeks next Tuesday since the last loosening of restrictions. What will the new order include…so businesses can prepare,” Andersen.
“We are working with the Bay Area. We are one human ecosystem…because a lot of people shop and work among the counties,” Dr. Farnitano explained. He then spoke of “expanding childcare to all folks not just those who are working, but people who are seeking childcare. We are looking at some services that don’t require close customer contact, like house cleaning, car washes, outdoor museums. But the higher risk, like the indoor retail…when to address the religious gatherings, which we know are high risk…there’s a large desire for that. The state just came out with guidance on those in the last few days.”
“We can’t make decisions without data and we need at least two weeks of data to see where the trends are heading,” he continued. “We are looking at next Tuesday, and if the data shows we aren’t looking at a new surge, then we will consider more opening.”
“Will we know before Tuesday so businesses can prepare?” Andersen asked.
Shelter-In-Place Order Doesn’t Expire on May 31st
“The current order expires May 31st” said Mitchoff.
“No, the current order doesn’t expire. It was extended indefinitely,” Dr. Farnitano responded. “Until we get two weeks of data which is Tuesday. We could put out something on Monday that this may be coming. When you put out an order, there is some lag time for it going into effect.”
Asked about a community pool with a small number of houses using the pool, maybe people can sign up with this household using the pool from 9:00 to 9:30 a.m., etc.?” Andersen.
“The state order does not allow for them. The local order cannot be more loose than the state. But I can look into guidance from the state,” Dr. Farnitano replied.
Asked about opening up playgrounds, he replied, “The two concerns about playgrounds are transmission from surfaces, which are difficult to be wiped down between uses and the closeness of those who gather. These prohibitions may be looked at in the future.”
Supervisors Don’t Have Authority to Override Health Officer
“We were asked about the authority to override the county health officer,” Mitchoff stated. “We do not have the authority to override a health officer according to state law. We have repeatedly check with legal authorities. You can imagine that when there is a public health issue you don’t want politicians interfering with that.”
Asked about housecleaners returning to work in Contra Costa County
“That is something we do have consensus on…and those services that don’t have close contact between the customer and the service provider. “Piano tuners would fall in with that, as well,” Dr. Farnitano replied.
Asked about football teams practicing and preparing for the fall season he said, “There is a lot of outdoor…conditioning that doesn’t require a lot of contact. Throwing back and forth of a football between two people, like throwing a baseball or playing tennis…those are the kinds of things you can stay far apart. Those are the kinds of things that are allowed. There are a lot of…conditioning things you can do.
Religious Gatherings
Andersen then steered the meeting toward the main topic of focus, religious gatherings.
“If we can’t go to the full 100 like the governor’s order…there may be some ways we can allow people to meet in person for worship services,” said Andersen.
Shawna Garvin spoke first during public comments on the item, said she attends “Golden Hills Community Church, a large church, 100 people, I don’t know how we would make that work. But I do know one way we could make it work, small groups. A consistent group of people, four to six people, ours is 14 to 16 people in our group. We are not supposed to be apart and separated in our faith.”
“Hebrews 10:24 and 25 reads ‘we should not make it a habit not to meet together’. This is a command,” she continued. “How can we meet in small groups? Sitting six to 10 feet apart. I’m not going to have my freedoms totally stretched.”
Wendi a member of Community Presbyterian Church in Danville said, “I’m totally in line with not opening churches. But I’m totally in line with what Shawna said about small groups.”
“Personally, I’m dying inside, not just spiritually,” she continued. “This goes for me as a Christian, but this goes way beyond this…about community…waiting for county orders to allow small groups. As if the county health officer can’t decide. He’s the one who decides. We’re stricter than the state.”
Chuck said, “our church has a capacity of 1,200. Why would we have to have seat coverings when restaurants don’t? The 100-person limit, frankly is arbitrary. What I’ve seen is people are starting to disregard rules, period. When you don’t have rules that make sense…that’s more dangerous. You need to relax the rules, now.”
A Mr. Cottle said, “Last Sunday I was in Sacramento and ate inside a BJ’s. It was nice. In addition to being a scientist that deals with infectious disease in healthcare…54% of churches have less than 100 people who attend on a Sunday. I’m privileged to pastor a small church…we seat 177. We could seat 35 people easy with social distance.”
“Back on the 11th you opened up a small group gathering for a graduation event,” he continued. “Allowing one and not allowing the other is a constitutional violation.” Cottle then called for “opening up churches along the state guidelines immediately.”
A member of St. Agnews Church in Concord said they have about 125 who attend their services. “When we put a 100-person limit would we have a problem if those extra 25 people sit outside and listen to the service, while social distancing? I challenge you to show data where people sitting six-feet apart outdoors is a problem from a healthcare perspective.”
“I’m really urging our supervisors to encourage, as well as Dr. Farnitano to really look at this, again,” said Joel Bryant. “As an elected official I feel personally responsible for everyone in my community.”
He then spoke of the need for counseling for those in need. “I encourage opening up and at least match the state…to eliminate some of these tragedies that are being brought on because of the COVID-19 situation.”
Jared Thompson, pastor of a Christian church in Walnut Creek said he was, “Asking what is permitted for me as a pastor. I have people suffering from depression in my congregation. I was told to try to deal with it virtually. We’re a church without a permanent facility. We rent Valle Verde Elementary. As soon as all this went down our services were cancelled.”
He referred to “outdoor fitness where people are six feet apart, I’ve even heard that singing is a deterrent. If a community group can be six feet apart, why can’t a small church meet outdoors? I wish there were more clarity. There are other churches that meet at schools and none of us know what we can do. And the disparity. We’ve been praying for you all as you make these decisions.”
A woman named Barbara said, “I’m from North Creek Church, but I’m not representing them. I’m a counselor there. We have 50 counselors. We’ve seen an increase in counselees…that have a lot of issues that are going on. I’ve been Zooming for 10 weeks, now, two-and-a-half to three hours. Zooming is not enough. You can’t read body language. When you have 0.11% of Contra Costa County that has been affected by COVID this really doesn’t make sense. Mental health is a big thing we deal with…we’re just ignoring that aspect. Also, let our pastors shepherd their flock and let them be responsible.”
Michelle Campos then said, “Doctor, I would like to challenge you. Suicides, violence, child molestation, these are things happening in Contra Costa County because you are keeping us locked down and that goes against how our Father has designed us. I’m not understanding why liquor stores, smoke shops, abortion clinics are deemed essential, but our churches…are not essential.”
“We’ve done our part Zooming for 10-12 weeks,” she continued. “We were not designed to live on science and data. I implore our supervisors to do something.”
“37 deaths, come one,” said her husband Ric Campos. “Doctor, please look at the big picture, not just the science and data. This is killing our society. I’m seeing him (Farnitano) do videos and 99% of the people are asking you to reopen and you just ignore us.”
Michael Weisman spoke of suicides in Contra Costa County and referred to a Bay Area TV news report in which the John Muir doctors presented the information. “Why would two doctors…lie?” he asked.
Weisman then spoke of the statistics from a couple months ago that showed, “3.4% of those who have died. The latest CDC statistics show 10% of that. I believe it is now time for the health official to reconsider his position. The supervisors should make a change in that position. The health officer doesn’t seem to care about our faith.”
Kent Dresdow, Senior Pastor at North Creek Church asked about their 1,200-person sanctuary. “To have a 100-person limit is pretty restrictive for us,” he said. “We want to follow our authorities. We are people waiting on both sides. We can meet with 25% capacity. Not the 100-person or less.”
“Would it allow for us to meet 100 people at different spaces on campus at the same time?” Dresdow asked. “My main concern is to be in compliance and super safe. Other churches…will have the same questions. Larger churches will.”
Igor Skaredoff said, “One of the reasons we have such low numbers of deaths…is because we have been practicing good social distances. But, listening to all these comments…I really commend your guidelines in a step by step fashion. The coronavirus takes two weeks to show up. If you continue to operate the same way…we can get there without losing too many people.”
A man named Stan said, “I hear a complete lack of flexibility in enforcing the rules. I don’t know if Dr. Farnitano can be more strict, or more relaxed. Do you have discretion? Whose interests do you have in mind? What I’m hearing ii your complete lack of flexibility…it’s big brother in Sacramento. To the pastor who wants to have an outdoor service, tell them you’re going to have an outdoor workout.”
Robert said “A lot of what you’re hearing is fairness. Fairness is really, really difficult to see in this. If we’re going to open up churches to 100 people, why are we all suffering so much and ruining our businesses? It’s like why can’t I go exercise at my health club but I can go to McDonald’s. It doesn’t make sense.”
Denise Porchia from Clayton said, “Karen you are my servant, government supervisor.”
“Uh, huh,” responded Mitchoff.
“We the people believe that God is the Creator of as us acknowledged in the Declaration of Independence” which she then read. “Let’s not forget we the people are creators of government…we demand our servant government…of the jealously guarding of our unalienable rights.”
A woman named Karen then said, “We remind you of the oath that you have…sworn when you became our public servants,” and then read the oath of office all elected officials take in California. The Constitution of the U.S. is the supreme law of the land…for every level of government.” She then quoted Alexander Hamilton from Federalist 78.
Paul Taylor then said, “The Supreme Court of the United States…that no law is contrary to the Constitution is valid. Our state is ruling outside of its control. Government is servant to the people not the master. Servant is not authorized to force the people to wear masks…to stay at home…to close their businesses. It does not matter if the servant believes such mandates will keep the people safe or that most people want it. Let us never forget that the Constitution guarantees to each state a Republican form of government where the rights are supreme.”
Michelle O’Connor asked, “Do you know if the de facto orders upon the people are legal? Or do you rely on the advice of the people. If you don’t know the supreme law how do you know if you’re violating them? Do you know what the penalty is for violating them? There is not immunity for acting against the contract. You will be held accountable.”
Scott Bennett a former U.S. Army Officer said he was notifying the supervisors of violating the rights of the people.
“They shall be fined…and imprisoned no more than 10 years” he stated. “I hereby give legal notice…if an rights or any citizens of the United States of wearing a mask, or taking a vaccine…you will be criminally prosecuted and civilly prosecuted. You have been notified.”
Supervisors Respond, Mitchoff Defends Herself
The two supervisors then took up the matter.
Mitchoff spoke first saying, “Candace as a matter of protocol, we have another Zoom meeting at 3:00 p.m. We have to leave ample time for remarks…” from her, Andersen and Dr. Farnitano.
“Some of the questions put to Chris are directed at us,” said Mitchoff. “I found some of the comments to be personal attacks on Dr. Farnitano, which I find to be inappropriate. He has no personal stake in this order. He is using his best medical and scientific background in coordination with other Bay Area health officers. Personal attacks are inappropriate.”
“People who are either for or against an issue appear to be in the majority because they’re engaged, when people speak to it, it appears more or for or against it,” she continued. “We are a representative government, not servant government. We can’t just listen to the loudest voices in the room. Someone said…he was ignoring their pleas. That’s not true.”
“What we have told Dr. Farnitano is to be more consistent with the state,” Mitchoff said. “I’m a faith-oriented person. I know Candace is and the rest of our board is. We are sharing the same concerns you are. So, we understand the issue. I’d love for any of you to take my place and to have any other issue. I’m very aware of what the Constitution says, and I’d be more than happy to be put under scrutiny that I’ve followed the laws of the state of California.”
“There are five indicators issued by the state of California. We don’t even meet three of them,” she said. “Relative to church services…I know it’s hard. My church probably holds 400 people. The smaller number would be the 25% of square footage. We can talk to our health officer about different types of church services. I’m looking at a variety of churches that have a number of different buildings. Church services can be staggered. I feel I must do what is best for everyone in this county.”
“We can have our faith-based communities come together sooner rather than later,” said Supervisor Andersen.
Dr. Farnitano Responds
“I want to thank everyone who has offered me their prayers,” said Dr. Farnitano. “We have passed two key milestones in the last day or so. There have been over 100,000 deaths in the U.S. We have only had 37 deaths in our county…that is because our community has followed the guidelines. If we had the same statistics as the country, we would have had over 300 deaths. We know that Contra Costa County is older than the U.S. and we know that age is a factor in the mortality rate. The other milestone is 100,000 cases in California. The Bay Area put the shelter-in-place order sooner. It has opened up step by step but slower than the state. If we had the same rate of cases as the State of California, we would have had double the cases.”
“Contra Costa County is a more dense county than a lot of the state,” he continued. “We have to look at the deaths that have occurred but also those we have prevented.”
“Worship is really important to me, too,” Dr. Farnitano said. “My church has been doing Zoom services for several weeks, now and I understand it’s not the same. One issue is around spiritual counseling…it’s part of mental health. Spiritual counseling is allowed. I want to make sure our FAQ’s are clear and include that.”
As for churches holding services, again he said, “There’s a lot of science that outdoor meetings are less of a risk. Indoor meetings are more of a risk. There was an outbreak in Mendocino County because of a church service. We can look at following the state guidelines in allowing church services.”
“We have a data team looking at data state by state, what’s leading one state without a surge, are they opening up completely or in stages, has there not been enough time, or testing,” Dr. Farnitano explained. “We’re trying to learn from that. We tried to learn from China’s and Asia’s experience, Europe’s experience, and now the other states’ experiences.”
“Each area is unique. Contra Costa County has unique industries…density,” he stated. “We are also looking across the Bay Area at some surges. In Alameda County we are starting to see a surge in hospitals to the levels in March.”
Dr. Farnitano mentioned patients being transferred from a hospital in Richmond to one in Alameda County. “Some of those hospital numbers in Alameda County are residents of Contra Costa County,” he added.
“These decisions are mine…but I’m not looking at them in a vacuum,” Dr. Farnitano stated. “I’m taking input from meetings such as this. I have several deputy health officers. I take input from the Board of Supervisors…also hearing from businesses. Also talking with other health officers across the Bay Area and at the state.”
“We want to open safely and not have another surge,” he said.
“We want to open as soon as we can,” Andersen said. “We won’t get back to normal. We are hearing from several of you about opening up. We are close to families getting back together.”
“We really are looking at with the state these expanded bubbles…small support groups in the church, having a more expanded group, your extended family, your small groups. We are looking at ways to have that happening,” Dr. Farnitano concluded.
“I do believe we will have more information from the state on their order. Maybe half of the agenda (for next week’s Ad Hoc Committee meeting) can be devoted to the new order that will be coming out,” said Mitchoff. “I do want to address dance and other recreation. I’d like to talk about restaurants. But I don’t think we’re there. I’d like to start with businesses with the least amount of impact.”
With that, Supervisor Andersen concluded the meeting.
Contra Costa supervisors agree to hire pollster for possible half cent sales tax measure, extend ban on evictions to November
County Health Services using Remdesivir for COVID-19 patients; get glimpse of COVID-19 era libraries
By Daniel Borsuk
The Contra Costa County Board of Supervisors discussed possibly placing a half-cent sales tax measure to fund health and social services on the November ballot and approved hiring a pollster on a split vote. The tax measure would be in addition to a proposed Bay Area-wide half-cent sales tax measure for transportation expected to be on the November ballot, as well.
Approve Hiring Pollster for Half Cent Sales Tax Study
In response to the Contra Costa Needs Assessment from the county’s Sales Tax Working Group a countywide half-cent sales tax is being proposed “to shore up access to medical and behavioral health services, and bolster county safety-net programs.” BOS 052620 Contra Costa Needs Assessment
At least for now, it is uncertain if the board will move forward with a sales tax increase measure for the November ballot. Supervisors voted 4-1, with Board Chair Candace Andersen casting the lone, dissenting vote, to spend as much as $60,000 to hire a pollster to test whether voters would support one. But since the outbreak of COVID-19, public support for such a tax measure might have waned.
“We need further direction and getting results from a poll will help,” said Supervisor Karen Mitchoff. “Before COVID, support for a tax increase was optimistic, but with COVID it might be different.”
District 1 Supervisor John Gioia, a big booster of a sales tax increase, said it would cost $30,000 to $40,000 to poll 600,000 to 800,000 prospective voters. Mitchoff said a more realistic cost is $60,000.
Both Gioia and Mitchoff serve on the Potential Sales Tax Measure Ad Hoc Committee.
“Right now, is not the time to spend county funds for a poll,” said chair Andersen of Danville.
Extend Temporary Ban on Evictions and Residential Rent Increase Moratorium
With the supervisors’ month-old ordinance that imposed a temporary ban on evictions and a residential rent increase moratorium at the end of May, supervisors acted to extend the ordinance through July 15. Supervisors also imposed a one-year grace period and defined a commercial real property eligible for the ordinance “…as an independently owned and operated business that is not dominate in its field of operation, has its principal office in California, has 100 or fewer employees, and has average annual gross receipts of $15 million or less over the previous three years.”
Figuring the economy will not recover quickly to restore jobs, some speakers asked supervisors to extend the rent increase moratorium one year.
“Keep pace with Alameda County,” said Dick Offerman of Pleasant Hill. “See that no one is evicted in our county. Extend the moratorium one year.”
Mitchoff took time to warn landlords who are violating the county ordinance. “Landlords know about this ordinance. There are some bad actors who take advantage of people who speak English as a second language, this must stop,” she said.
County Health Uses Remdesivir for COVID-19 Patients
Contra Costa County Public Health Officer Dr. Christopher Farnitano informed supervisors that Contra Costa County Public Health has begun administering the anti-viral drug Remdesivir to COVID-19 patients. A total of 105 dosages were given last week, Dr. Farnitano said.
“The company that is making it (the drug) is giving this to the United States.” Dr. Farnitano said that the drug is “This drug is somewhat beneficial.”
Dr. Farnitano said there were as of Tuesday 13 COVID-19 patients in Contra Costa Medical Center, compared to 19 patients two weeks ago. Since the outbreak of the pandemic in March, 37 persons have died from COVID-19 in the county, four deaths occurred in the past week with one of the deaths in the person’s early 30’s, which is uncommon.
So far, the county is COVID-19 testing daily 95 people per 100,000 residents when the daily goal should be 200 people per 100,000 residents.
This drew Supervisor Mitchoff to question the testing.
“We’re about halfway there,” she said. “I did not want to test, but now I want to test in order to get our numbers up.”
Board Vice Chair Supervisor Diane Burgis of Brentwood asked why the COVID-19 test takers at county sites have to wait for results as long as 10 days when persons at three state sites get results within five days.
Contra Costa County Health Department Director Anna Roth said the average turnaround for COVID-19 results is three to five days, but it could be up to 10 days.
Get Glimpse of COVID-19 Era Libraries
took a glimpse of what the COVID-19 era might look like on Tuesday visualizing the 26 public libraries could offer some type of front door service for patrons to pick up checked out books in bags and when libraries do open doors possibly on June 15 seating capacity will be reduced 20 percent at each location right when outdoor temperatures are peaking above 100 degrees and libraries often serve as cooling centers for the public.
Supervisors unanimously approved the Contra Costa County Library Pandemic Preparedness Plan presented by County Librarian Melinda Cervantes that promotes hygiene, social distancing, and reduced seating. BOS 052620 CCCL Pandemic Preparedness Plan Draft Final
“We plan to begin service as soon as possible,” Cervantes told supervisors during the teleconferenced board meeting.
During the presentation, supervisors learned 36 library accounting positions might be eliminated because of COVID-19 related revenue losses. The potential loss of the library jobs will undermine library book purchasing.
“We need to get through the state budget,” responded county administrator David Twa, who said the 36 library accounting jobs are “potential job layoffs” and are subject to the meet and confer process. The state budget will be unveiled in mid-June.
Approve Purchase of DA’s Office Mobile Forensic Vehicle
In other action, the supervisors approved the District Attorney’s Office request to execute an agreement with the City of San Jose for the expenditure of up to $200,000 to procure a mobile forensic vehicle for the Silicon Valley Internet Crimes Against Children Task Force. The vehicle is expected to cost $48,285.
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