Contra Costa Herald

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.

By Matt J. Malone, Public Information Officer, Superior Court of California, Contra Costa County

Due to anticipated civic activities in the area, the Contra Costa Superior Court will close at all locations at 12:00 p.m. on Friday, June 5.

By Susan Shiu, Director, Office of Communications and Media, Contra Costa County 

(Martinez, CA) – County Administrator David J. Twa has signed the Order Rescinding a Countywide Curfew within Contra Costa County, effective as of 1:00 PM today, June 4, 2020.

The order states that “As Contra Costa County’s Administrator of Emergency Services, I have reviewed, on a daily basis, the conditions that necessitated the June 2, 2020, Countywide curfew.  At this point, it appears that the public order and safety has generally been restored in Contra Costa County and it is therefore appropriate to lift the emergency Countywide curfew.”

The order further states that “This action does not affect any city curfews that remain in effect.  Cities will make their own determination as to whether curfews continue to be needed within their commercial districts or other areas within those cities.”

“We all continue to want peaceful protests and encourage everyone to stay safe,” said Twa.

Read the Order Rescinding the Countywide Curfew.

Quotes Dr. Martin Luther King – “A riot is the language of the unheard.”

By Lamar Thorpe

I was a nine-year-old when I saw Rodney King viciously assaulted on Univision 34 in Los Angeles. I remember everyone seemed to be in disbelief, but I wasn’t sure why.

For a little over a year, the Rodney King beating and subsequent trial became part of our daily lives. As the days and weeks progressed, I was confused by the public’s outrage regarding the King beating. Having grown up in a Mexican foster home, discrimination towards Black people wasn’t always apparent to me. After seeing the video over and over on TV, I personally felt the police were just doing their job. Some of my peers expressed different sentiments, while others were indifferent.

After the verdict, my city literally went up in flames. School was cancelled. Some businesses closed. It snowed ash. We lived under a strict curfew. I can distinctly remember the smell of burnt charcoal, like what many Americans cities are experiencing today.

While my immediate family felt differently, how my community seemed to feel about Black people was clear. We talked about Black people like they were the scum of the earth — except those who entertained us on TV. As we saw it, Black folks were just lazy, living on government handouts, and prone to criminality. Therefore, as a young child, I believed Rodney King, nor I, deserved to be treated with dignity.

My lack of empathy stemmed from my deep seeded hatred for Black people. Obviously, retrospectively, I hated Black people because I always felt abandoned by Black people. I did not have Black parents, Black siblings, Black friends, or Black neighbors. Growing up in East LA, all I had was “la raza.” As a result, I was embarrassed to be Black, I hated being Black, and I certainly didn’t feel Black.

After I moved to New England, the world started to box me into Blackness, whether I liked it or not. I could feel people looking at me with suspicion. I could feel my senior chief in the Navy look at me as undeserving and lazy. I could feel white people’s discomfort in elevators. I could feel I did not belong in certain places, especially predominantly white establishments. This feeling is so overwhelming, you internalize it and move through life avoiding it.

It is not to say these forms of discrimination did not happen in East LA, but no one imagined I spoke Spanish; I was able to make them feel uncomfortable and turn it into a joke. The world outside of my sheltered East LA existence, however, was very different. And no matter how hard I wished away my Blackness, to the world, I was just another suspicious Black man. I bought a U.S. Navy license plate holder for my car in the event I would get pulled over by the police. I thought maybe just maybe they will see me as anything other than Black. It never failed but once.

To say the least, race in America is complicated. So, I’m not going to write pointless political platitudes that mean nothing to those seeking change and make white people feel comfortable. Instead, let’s be honest with ourselves. From peaceful protests and demonstrations to looting and violence, the consciousness of America is on full display all across this Nation. The fabric of this collective consciousness is laced with race as a concept, racism as an institution, and racist people. As a result, today, that conscious is angry, sad, disappointed, grieving, complicit, sorrowful, mad, enraged, willing to look the other way, unable to look the other way, and God only knows what else.

It’s the story of America, and it’s not always pretty. It can be downright stank.

Today, I’m 39 years old and a proud Black American. Three decades have passed since I first saw a “brotha” get brutally beaten at the hands of police. In those 3 decades, it hasn’t stopped. Here we are today, bearing witness to another unnecessary, cold blooded murder of George Floyd by police, Ahmad Aubery by wannabe police and so on. Dr. Martin Luther King Jr. once lamented, “A riot is the language of the unheard.” For three decades people have gone unheard. We’ve allowed this to fester in our consciousness long enough.

And now, our collective consciousness is being manifested by our young people in the streets of many cities throughout this country. They are fed up. I am fed up. You should be fed up. And, we all should be willing to acknowledge that the racist ideas we’ve been raised to believe created this moment.

As we move through this time, I’ll be expanding the focus of my “Community Conversations” to include youth voices and topics related to the current unrest. Join me in figuring out how we realize our aspirations of wanting to be a full just and fair society.

By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Contra Costa District Attorney Diana Becton. From CCC website.

Today, Contra Costa County District Attorney Diana Becton issued a statement regarding the murder of George Floyd:

“I am heartbroken and horrified by the murder of George Floyd and the other unjust deaths of Black men and women in this country. As the chief law enforcement official of Contra Costa, I took an oath to ensure justice for everyone under the law. The fight for justice does not end at the borders of our County or in our communities. We all have a responsibility to speak out against and eradicate injustices wherever we find them. The officers responsible for the murder of George Floyd must be held accountable.

The right to peacefully assemble and protest are a vital part of the fabric of this nation, and the majority of participants have been peaceful and even inspiring. I am disappointed that the righteous marches and gatherings are being infiltrated and hijacked by a small minority of people with other agendas. The individuals who are exploiting the pain, and the cause of so many in our community by committing acts of violence and destruction will be held accountable. We must not let the acts of the detractors deter us from the issue at hand. We must never stop working to eradicate racism and bring about systematic change throughout all systems, especially in our criminal justice system. I will continue to fight for criminal justice reform not only just in Contra Costa but throughout this nation.”

Applies to everyone; but cities can have more stringent terms and stricter time limits

By Susan Shiu, Director, Office of Communications and Media, Contra Costa County

The Contra Costa County Board of Supervisors unanimously passed a proclamation of local emergency, Tuesday morning, June 2, 2020, in response to civil disturbances after peaceful protests in the county following George Floyd’s death in Minneapolis. The Board also adopted an order imposing a curfew in Contra Costa County due to civil unrest to begin Tuesday, June 2, 2020 at 8:00 pm. The curfew requires people in the county to stay indoors from 8:00 pm until 5:00 am the following day, until further notice.

“These are challenging times. The sorrow and pain that have filled our hearts here in our Bay Area home cannot be denied. The need and right to protest and be heard are ones that we all support,” said Supervisor Candace Andersen, chair of the county Board of Supervisors. “Today’s emergency proclamation and curfew order will help the county respond to looting, vandalism and any violence that should not be part of peaceful protests. That we do not support, as they only hurt our communities. We want peaceful protests, and we want all members of the public to be safe.”

The proclamation states that “Conditions of disaster or extreme peril to the safety of persons and property, including to public facilities, have arisen within the County, caused by civil unrest, commencing in the County on or about May 31, 2020. Civil unrest in the form of riots and looting have arisen from protests in response to the tragic death of an unarmed man, George Floyd, in Minneapolis, Minnesota, while being detained by a police officer. The majority of protestors have acted peacefully and lawfully. But some protests throughout the nation, including in cities such as Walnut Creek, San Francisco, Oakland, and San Jose, have given rise to injuries, looting, and property destruction.”

“Mr. Floyd tragically died just over a week ago. We recognize the importance of peaceful protests,” said County Administrator David J. Twa, who serves as the Administrator of Emergency Services. “We also want to emphasize the need for residents to stay home in the evenings and at night to stay safe. Our job is to protect lives, all lives. We want all people to stay safe during these difficult times.”

In response to a question about the jurisdiction of the order and whether it only applies to unincorporated areas in the county outside city limits, Shiu responded, “The Order provides that, ‘In the event that the terms of the County’s curfew order are more stringent (e.g. that the start time is earlier or the end time is later) than any city’s curfew order within the County, the County’s curfew order will apply within that city and supersede the city’s order to that extent.’ And if a city’s order on time is stricter, the city’s stricter curfew time will be in place.”

See Emergency Order of Curfew.

EMERGENCY ORDER IMPOSING A CURFEW WITHIN THE COUNTY OF CONTRA COSTA DUE TO CIVIL UNREST

WHEREAS, on June 2, 2020, the Board of Supervisors of the County of Contra Costa proclaimed, pursuant to Government Code section 8630 and Contra Costa County Ordinance Code Chapter 42-2, the existence of a local emergency because the County of Contra Costa (“County”) is affected or likely to be affected by a public calamity due to conditions of disaster or of extreme peril to the safety of persons and property arising as a result of civil unrest in the County.

WHEREAS, Government Code Section 8634 authorizes the Board of Supervisors to promulgate orders and regulations necessary to provide for the protection of life or property during a local emergency, including imposing a curfew where necessary to preserve the public order and safety.

WHEREAS, there exists imminent danger to life and property during the hours of darkness, and it is especially difficult to preserve public safety during these hours.

WHEREAS, a curfew is necessary to preserve the public order and safety in the County.

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

1. A curfew is imposed Countywide, within the unincorporated and incorporated areas of the County.
2. The hours of curfew are between 8:00 p.m. and 5:00 a.m. of the following day.
3. No person, except as set forth in Section 4, below, shall be upon a public street, avenue, boulevard, place, walkway, alley, park or any public area or unimproved private property within the boundaries of the County between 8:00 p.m. and 5:00 a.m. of the following day.
4. This Order shall not apply to peace officers, firefighters, and National Guard deployed to the area, individuals traveling to and from work, people experiencing homelessness and without access to a viable shelter, and individuals seeking medical treatment.
5. This Order shall be effective immediately as of June 2, 2020, commencing at 8:00 p.m. and extending until the termination of this Order. The County Administrator is authorized to amend and terminate this Order in accordance with Government Code Section 8634.

Any violation of this Order is a misdemeanor as provided by Government Code section 8665 and any applicable state or local law, and violators may be subject to immediate arrest.     In the event that the terms of the County’s curfew order are more stringent (e.g., that the start time is earlier or the end time is later) than any city’s curfew order within the County, the County’s curfew order will apply within that city and supersede the city’s order to that extent.

Dated: June 2, 2020

See Proclamation of Local Emergency (Resolution No. 2020/155).

BOARD OF SUPERVISORS RESOLUTION PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY Resolution No. 2020/155

IN THE MATTER OF Proclaiming the Existence of a Local Emergency (Gov. Code, § 8630)

The Board of Supervisors of Contra Costa County RESOLVES as follows:

Contra Costa County Ordinance Code Chapter 42-2 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency when the County is affected or likely to be affected by a public calamity.

The Board of Supervisors has been requested by the Director of Emergency Services of the County to proclaim the existence of a local emergency therein.

The Board of Supervisors finds as follows:

1. Conditions of disaster or extreme peril to the safety of persons and property, including to public facilities, have arisen within the County, caused by civil unrest, commencing in the County on or about May 31, 2020. Civil unrest in the form of riots and looting have arisen from protests in response to the tragic death of an unarmed man, George Floyd, in Minneapolis, Minnesota, while being detained by a police officer. The majority of protestors have acted peacefully and lawfully. But some protests throughout the nation, including in cities such as Walnut Creek, San Francisco, Oakland, and San Jose, have given rise to injuries, looting, and property destruction.
2. These conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this County, and will require the combined forces of other political subdivisions to combat.
3. These conditions fit the circumstances described in Government Code section 8558.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the County; and

IT IS FURTHER PROCLAIMED AND ORDERED that, during the existence of the local emergency, the powers, functions, and duties of the emergency organization of this County shall be those prescribed by state law, and by ordinances and resolutions of this County, and by the County of Contra Costa Emergency Operations Plan, as approved by the Board of Supervisors on June 16, 2015.

PASSED on June 2, 2020, on a unanimous 5-0 vote.

ATTEST: David J. Twa, Clerk of the Board of Supervisors and County Administrator

Allen Payton contributed to this report.

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.

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.

Board of Supervisors to consider curfew at Tuesday morning meeting

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

This is a message from Contra Costa Sheriff David Livingston

Due to continuing civil unrest, ongoing disturbances and sporadic looting of businesses, all Contra Costa residents are encouraged to remain indoors today, June 1st from 8:00 PM until tomorrow, June 2nd at 5:00 AM. There is currently NO countywide curfew order.

However, that is subject to change.

Please note that some cities have implemented their own curfews and residents should check their city’s website for updates. Please try to avoid calling for non-emergency police services until tomorrow if possible.

Please be assured law enforcement throughout the county is working together and has brought in additional resources to address incidences of civil unrest.

According to Jami Napier, Chief Assistant Clerk of the Board and Senior Deputy County Administrator that the Contra Costa County Board of Supervisors is holding an emergency meeting tomorrow morning at 9:30 a.m. to consider a curfew. Please see the meeting agenda by clicking here.

Allen Payton contributed to this report.

Report by Allen Payton  Videos by Contra Costa Herald staff

WARNING: Graphic language in videos.

A large group of protesters descended on Walnut Creek’s downtown, Monday and held a rally in Civic Park across from City Hall. Things were peaceful with speeches in the park. That was followed by a few confrontations as protesters marched down North Broadway toward a police line. That lasted until the city’s 6:00 p.m. curfew set in and police forced the protesters to leave. Cannisters of tear gas were shot at the protesters, some of whom threw them back at the officers. (See 48-second mark of video above)

Screenshot from Contra Costa Herald staff video of Civic Park rally and speeches in Walnut Creek on Monday, June 1, 2020.

Earlier during a rally in Civic Park, near the iconic gazebo, speeches were given and responsive chants of “no justice” yelled out by one person, with “no peace” yelled by the crowd, followed by “no racist” by the leader and “police” yelled by the crowd in response.

At one point, a few police officers took a knee to the delight of the crowd who cheered, and some of the protesters showed their appreciation for the officers demonstrating their solidarity with fist and elbow bumps.

There were chants of “no justice, no peace, prosecute the police,” “hands up, don’t shoot,” the responsive chants of “say his name” and “George Floyd”, as well as “I can’t breathe” – Floyd’s final words – as the protesters stood or kneeled in front of the police line on North Broadway. They were then warned about the 6:00 p.m. curfew and told a few times “you have five minutes to leave” by a voice over a loud speaker. 

There were chants of “no justice, no peace, prosecute the police,” “hands up, don’t shoot,” the responsive chants of “say his name” and “George Floyd”, as well as “I can’t breathe” – Floyd’s final words – as the protesters stood or kneeled in front of the police line on North Broadway. They were then warned about the 6:00 p.m. curfew and told a few times “you have five minutes to leave” by a voice over a loudspeaker. That’s when things took a turn for the worst with police resorting to firing tear gas cannisters at the protesters forcing them to disperse from the intersection of the North Broadway and Civic Drive. Some of the cannisters were tossed back at the police.