By Mark Meuser

Thursday, Governor Gavin Newsom issued Executive Order N-33-20. The Office of the Governor of California’s official Twitter account said that “Governor Gavin Newsom issued a stay at home order to protect the health and well-being of all Californians and to establish consistency across the state in order to slow the spread of COVID19.”

However, a more careful look at the Governor’s Executive Order shows that he actually made no such order. (https://covid19.ca.gov/img/N-33-20.pdf). The Executive Order reads “To preserve the public health and safety, and to ensure the healthcare delivery system is capable of serving all, and prioritizing those at the highest risk and vulnerability, all residents are directed to immediately heed the current State public health directives, which I ordered the Department of Public Health to develop for the current statewide status of COVID-19.”

The word “heed” is the important word in this order. According to Merriam-Webster’s dictionary, the word “heed” means “to give consideration or attention to”. As such, Governor Newsom has not actually ordered the people of California to obey the Public Health Officials but instead ordered “all residents are directed to immediately [give consideration to] the current State public health directives.”

While the Governor of California has broad powers to suspend laws and regulations while the state of California is under a State of Emergency, he does not have the power to abolish citizens constitutional rights. (Gov. Code § 8571).

California Constitution Article 1, Section 1 states “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

California Constitution Article 1, Section 7 reads “A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws …”.

The problem for Governor Newsom is that the Public Health Officials do not have the authority to quarantine someone who has not been infected. This violates Californians’ Constitutional Rights. The California Courts have held that people have a right of liberty from being quarantined unless the public health official has probably cause that they are infected. In Ex parte Arata, the California Court of Appeals ruled that “A mere suspicion, unsupported by facts giving rise to reasonable or probable cause, will not justify depriving a person of his liberty under an order of quarantine.”

Furthermore, in the case of In re Shepard the California Court of Appeals ruled that “Mere suspicion that an individual is afflicted with an isolable disease was not sufficient to give a health officer ‘reason to believe’ that such person was so afflicted, … making it the duty of health officers to protect the public against spread of such disease from persons whom such officers have ‘reason to believe’ were afflicted with such diseases.”

Public Health Officials do have the authority to quarantine someone who they have reason to believe has been infected by the virus. California law actually permits the Public Health Officials to quarantine such individuals without a court order. In Ex parte Johnson the California Court of Appeals ruled that “One infected with a contagious disease … might be subjected to quarantine regulations by the health commissioner of a city, without its first being judicially established by some proceeding in court that he or she was so infected.”

The reality of the situation in California is that Gavin Newsom has ordered the Department of Public Health to develop a policy for how to deal with the Corona Virus. However, the recommendations by the Department of Public Health are unconstitutional. Rather than ask the Department of Public Health to go back and rewrite the policies, Gavin Newsom tells everyone that he is ordering them to obey the directives of the Department of Public Health. However, regardless of what Gavin Newsom says with his mouth in press conferences or says on his social media accounts, the actual text of his Executive Orders are the laws. (Gov. Code § 8567).

The text of Gavin Newsom’s most recent Executive Order is merely a suggestion that the people of California obey the unconstitutional directive being published by the Department of Public Health. Whether or not it is advisable for people to stay home is not the question, the Department of Public Health does not have the authority to pass such a law, and Gavin Newsom does not have the authority to suspend Californians’ Constitutional Rights just because California is in a State of Emergency.

Meuser is a Constitution and elections law California attorney with the Dhillon Law Group. He is a former resident of Contra Costa County and 2018 candidate for California Secretary of State. You can follow him on Facebook.

“More confirmed cases does not mean we are losing ground.”; “Go out with your friends, your family, go on a hike…” – County Health Officer;  “It’s up to each city to make a determination with regard to enforcement.” – Chair of the Board of Supervisors

By Allen Payton

Contra Costa Health Services (CCHS) has confirmed the county’s first confirmed death linked to COVID-19.

The patient died Thursday in a hospital in the county. The Contra Costa resident was in their 70’s and had a pre-existing condition that put them at higher risk of serious illness from COVID-19, and a history of recent overseas travel.

A media briefing by county officials to update the public was held this morning.

“Today we regret to announce the first death in Contra Costa County caused by the novel coronavirus, also known as COVID-19,” said Dr. Chris Farnitano, County Health Officer. “This person passed away at a hospital in our county on Thursday. They were in their 70’s and they had a condition that placed them at risk of serious illness, and they had recently traveled outside of the country.”

The individual traveled from Europe, but those were all the details he would provide. “Unfortunately, we do anticipate more deaths in Contra Costa County,” Farnitano said.

“This death underscores the urgent need for all Contra Costa residents to follow the stay at home order, maintain social distancing and the state order just issued by Governor Newsom, last night,” he stated. “Novel coronavirus is dangerous for older adults and people with certain medical conditions, including heart or lung disease, diabetes and those with weak immune systems.”

“We believe that by following these orders we can reduce the spread of the virus, right now in our community and that will save lives,” Dr. Farnitano continued. “The situation is very serious in Contra Costa. We expect more confirmed cases as our testing expands. So far, Contra Costa Public Health has confirmed 42 cases in our community. We believe that aggressive testing can help, and we are ramping up our testing efforts on a daily basis.”

Most testing is being done by private labs.

“Our public health lab is performing between 40 to 100 tests per day, but that’s a small percentage of the total testing being done across the county, right now,” he stated.

“As we’re expanding our testing, we really want to get to the point we’re able to test everyone who has symptoms,” Dr. Farnitano said. “We’re trying to prioritize our public health lab which can do rapid testing and get results in 24 hours or less to those folks we’re most concerned about.”

“The private labs can test anyone who has symptoms,” he continued. “The more folks we test with symptoms then the more we’re going to be able to understand the spread within our community, and more able to isolate more effectively those who test positive.”

“More confirmed cases does not mean we are losing ground,” he stated. “It means we are sharpening our focus and gathering data that will help us through this emergency.”

“As always, the best way to protect yourself is to practice good hygiene and social distancing,” Farnitano shared. “Because COVID-19 is new humans have no immunity to it and there is no vaccine.”

He then repeated the ways to protect yourself, such as washing your hands regularly and avoiding touching your face.

“If you are ill, it is imperative you stay home, even if you’re an essential worker,” Dr. Farnitano concluded.

Candace Andersen, Chair of the Contra Costa County Board of Supervisors spoke next.

“We recognize this order is disruptive. We would not ask any of you to do this if we didn’t think it was important,” she said. “During this difficult time, we are continuing to provide county services, virtually. We have county employees working from home, remotely, in offices and away from the public who can still assist you. Please go to the county’s website at contracosta.gov for the most updated information resources.”

“I want to assure you that Contra Costa is doing all it can to slow the spread of the coronavirus and reduce its impact,” Andersen continued. “The county’s emergency operations center has been activated and is slowing the virus and is now the primary focus of our local government actions in Contra Costa.”

“You can visit cchealth.org/coronavirus or call our help line at 1-844-729-8410 if you have any questions about this order and the virus,” she added.

Dr. Farnitano encouraged county residents to go out and exercise and take a hike in the East Bay parks.

“We do want to encourage people to get outside and exercise and enjoy our beautiful, natural setting in the East Bay,” he said. “Go out with your friends, your family, go on a hike, but stay six feet apart. So, do it safely.”

Asked about local enforcement and people going outside, “It’s certainly not recommended unless you can really do it from a safe distance,” Andersen responded, “It’s up to each city to make a determination with regard to enforcement.”

Specifically, about golfing she said, it’s up to each city “whether or not to say you can’t golf or not.”

“Clearly if you’re golfing with members of your household and you’re staying six feet apart from everyone else, I think that works,” Andersen shared. “But if you’re meeting up with your buddies and you all live in different households and you’ve all been out doing your essential shopping and other things, you have a good chance of spreading the virus, if you get together in that close circumstance. We expect people to use their good judgment and take this seriously.”

Stay home except for essential needs

Last updated March 19, 2020 at 8:32 pm

SACRAMENTO – Today, Governor Gavin Newsom issued a stay at home order to protect the health and well-being of all Californians and to establish consistency across the state in order to slow the spread of COVID-19. The California State Public Health Officer and Director of the California Department of Public Health is ordering all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operation of the federal critical infrastructure sectors.

Read the full Executive Order here (pdf)  or, here:  Gov Newsom Executive Order N-33-20

How long will we stay home?

This goes into effect on Thursday, March 19, 2020. The order is in place until further notice.

What can I do? What’s open?

Essential services will remain open such as:

• Gas stations
• Pharmacies
• Food: Grocery stores, farmers markets, food banks, convenience stores, take-out and delivery restaurants
• Banks
• Laundromats/laundry services

Essential state and local government functions will also remain open, including law enforcement and offices that provide government programs and services.

What’s closed?

• Dine-in restaurants
• Bars and nightclubs
• Entertainment venues
• Gyms and fitness studios
• Public events and gatherings
• Convention Centers

Where does this apply?

This is in effect throughout the State of California.

Click here to see the Governor’s address to Californians Thursday evening.

By Kwame Reed, Economic Development Director, City of Antioch

As of March 18, 20200

Following is a list of grocery stores in Antioch, their hours of operations, and if they are offering Senior shopping hours:

Smart & Final Extra – 2638 Somersville Road – (925) 978-0551

Hours: 8 am – 8 pm, regular hours  Senior Hours? YES; 8 am – 9 am daily

 

Target – 5769 Lone Tree Way – (925) 752-0002

Hours: 8 am-9 pm, closing early  Senior Hours? YES; 8 am – 9 am daily

 

Dollar General – 20 W. 10th Street – (925) 304-1012

Hours: 8 am-8 pm, regular hours  Senior Hours? YES; 8 am – 9 am daily

 

Safeway – 3365 Deer Valley Road – (925) 706-4150

Hours: 6 am-10 pm, regular hours  Senior Hours? YES; Tues. and Thurs. 6-9 am

 

FoodMaxx – 4500 Lone tree Way – (925) 756-0150

Hours: 6 am -Midnight, regular hours  Senior Hours? TBD

 

Walmart – 4893 Lone Tree Way – (925) 755-0900

Hours: 6 am-11 pm, regular hours  Senior Hours?  YES;  Tuesdays 6 am – 7 pm

Issued 3/17/2020

By Dave Mason, East Bay Regional Park District

A “Shelter in Place” order has been issued through Tuesday, April 7, 2020 for six Bay Area counties – San Francisco, Santa Clara, San Mateo, Marin, Contra Costa, and Alameda – prohibiting non-essential business and directing residents to stay inside their homes and away from others as much as possible.

Based on the “Shelter in Place” order, and by an emergency order of East Bay Regional Park District General Manager, for the health and safety of the public and our employees, Park District environmental education centers, visitor centers, and many of our developed public facilities, including bathrooms, water fountains, and other amenities, are temporarily closed. All Regional Trails are open. Per the “Shelter in Place” order, outdoor activity is allowed, such as walking, hiking, and running – as long as specific social distancing requirements are followed. Studies show outdoor activity benefits physical health and helps reduce stress and anxiety.

The COVID-19 health emergency is an unprecedented and evolving situation. Please be aware, additional precautions and closures may be necessary.

If you do visit a trail in a Regional Park, please follow all Social Distancing Requirements and bring water and hand sanitizer. Due to minimal staffing, bathrooms and water fountains will not be available. Additionally, please do not congregate in parking lots or at trailheads per the “Shelter in Place” social distancing requirements.

“Shelter in Place” Order Social Distancing Requirements:

• Maintain at least six-foot social distancing from other individuals
• Wash hands with soap and water for at least 20 seconds as frequently as possible, or use hand sanitizer
• Cover coughs or sneezes (into the sleeve or elbow, not hands)
• Regularly clean high-touch surfaces
• Not shaking hands

We understand the closure of building facilities and amenities may be challenging. Together we can get through this difficult period and ask our visitors to follow all guidelines. Thank you for your understanding and cooperation.

The health and safety of our employees and the public is our top priority. Temporary closure of some Regional Parks was necessary on Monday, March 16, due to limited staffing and to address “Shelter in Place” order needs.

Please see the FAQ below to answer your most immediate questions.

Can I visit Regional Parks?

Yes, however, only trails will be open for use. All building facilities will be closed, including bathrooms, water fountains, and other amenities. Visitors must follow “Shelter in Place” order social distancing requirements (see above).

What building facilities and amenities are closed?

Building Facilities: Bathrooms, Water Fountains, Visitor Centers and Facilities, Indoor Rental Facilities, Campgrounds, and Swim Facilities.

Visitors Centers/Facilities: Ardenwood Historic Farm (Fremont), Big Break Visitor Center (Oakley), Black Diamond Mines Visitor Center (Antioch), Coyote Hills Visitor Center (Fremont), Crown Beach Crab Cove Visitor Center (Alameda), Garin Barn (Hayward), Sunol Visitor Center (Sunol), Tilden Botanic Garden (Berkeley), Tilden Environmental Education Center (Berkeley), Little Farm (Berkeley).

All Indoor Rental Facilities: Brazilian Room at Tilden Park (Berkeley), Shoreline Room at Martin Luther King Jr. Shoreline (Oakland), Fern Cottage at Kennedy Grove (El Sobrante), Beach House at Lake Temescal (Oakland).

All Campgrounds: Anthony Chabot and Del Valle

All Swim Facilities: Contra Loma, Cull Canyon, Don Castro, Castle Rock, Lake Anza at Tilden, Lake Temescal, Shadow Cliffs, Robert’s Regional Park, Quarry Lakes

What can I expect when visiting a Regional Park during the “Shelter in Place” Order?
Visitors can expect buildings, bathrooms, and water fountains to be closed. There will also be no trash collection, so we are asking all visitors to pack out all trash they bring into Regional Parks (Pack it in, Pack it out). Visitors may also see fewer Park District staff in parks. The Park District will be at minimally required staffing levels while the “Shelter in Place” order is in effect.

What parks are affected?

All Regional Parks are affected by the closure of building facilities and amenities. Trails remain open in the following parks.

Anthony Chabot Antioch/Oakley Bay Point Big Break Bishop Ranch Black Diamond Mines Briones Brushy Peak Camp Arroyo Carquinez Strait Castle Rock Claremont Canyon Contra Loma Coyote Hills Crockett Hills Crown Beach Cull Canyon Del Valle Diablo Foothills Don Castro Dry Creek Pioneer Dublin Hills Five Canyons Garin Hayward Regional Shoreline Huckleberry Botanic Kennedy Grove Lake Chabot Las Trampas

Leona Canyon Little Hills Martin Luther King Jr. McLaughlin Eastshore Miller/Knox Mission Peak Morgan Territory Ohlone Oyster Bay Pleasanton Ridge Point Isabel Point Pinole Quarry Lakes Radke Martinez Reinhardt Redwood Roberts Round Valley San Pablo Bay Shadow Cliffs Sibley Sobrante Ridge Sunol Sycamore Valley Temescal Tilden Vargas Plateau Waterbird Wildcat Canyon

State of Local Emergency Declared

In response to the COVID-19 pandemic and the Contra Costa County Health Officer’s Order which went into effect today, City Manager Ron Bernal has declared a State of Local Emergency effective today March 17, 2020. This will be brought to the City Council for ratification on March 24th. The City has also declared a partial activation of the EOC (Emergency Operations Center). This may be expanded to a full activation depending on how things progress. See full emergency proclamation, here – Antioch Local Emergency Declaration 03-17-20

The following is a brief description of essential services that are being provided by the City and the actions that went into effect at 12:00 pm today:

• All City facilities will be closed.
• Police Department is operating with an emergency staffing model that allows for separation and containment. All volunteer programs have been suspended.
• Animal Services is closed to the public.
• City Manager, City Attorney, Human Resources, Finance, Information Systems are on-site.
• Economic Development Department, Environmental Services Code Enforcement, Recreation/Senior Center, Planning, Engineering CIP and Development Services working remotely.
• Building/Engineering/Public Works inspections:  CIP and utility inspections all still occurring; all exterior housing inspections still occurring; all building permits in vacant or currently being built buildings still occurring; inspections within occupied dwellings being postponed unless it involves life/safety.
• Bag lunch pick-ups from the Senior Center (should only be done by Seniors under 65 years old). Looking into transitioning solely to Meals on Wheels.
• Public Works performing essential functions. GIS and Marina employees working remotely. All other divisions performing essential services and filling in for contracted services which may be temporarily discontinued by contractors.
• Water shut offs have been suspended through April 7th.
• Parks open – playgrounds signed as closed; dog park closed; skate park closed; park bathrooms closed, parking lot access gates locked.
• Public Works Maintenance and Operations administration staff will be handling all overflow calls from the public and will be routing to appropriate department(s) for attention.
• Board meetings are being canceled. Commission meetings are being postponed until after April 7th. City Council Meetings will still be held but with technology in place that will allow remote Council, staff and public participation.

Services we depend on such as water, sewer, garbage, filling potholes, street sweeping and maintain health and safety for our community will continue throughout this emergency.

We want to assure everyone that we are focused on being wise in our actions and keeping the public informed on what is happening on a regular basis. Those of you who have been following the recommendations and direction from the President, Governor and County Health Officer know that this is a complex and continually changing crisis. We will be modifying directives as this situation evolves so please try to remain optimistic and flexible. Together we will come out of this unique situation as a better organization and community.

 

Unwavering Focus of Company’s 23,000 Employees, Many of Them Represented Members in the Field, is Providing Safe and Reliable Gas and Electric Service during COVID-19 Pandemic

PG&E Opens Emergency Operations Center to Coordinate, Facilitate Company’s Response

Planned Outage Repair Work in the Six Bay Area Counties Suspended for Next Three Weeks

SAN FRANCISCO, Calif. — The COVID-19 pandemic is affecting countries and industries world-wide and is having many local impacts. People are rightfully concerned about the health and safety of their family and friends, the education of their children and their finances as more businesses temporarily close.

Pacific Gas and Electric Company (PG&E) has this message for our customers: “We’ll keep working hard every day to keep the power and gas on for you.”

“Our 23,000 employees remain focused on delivering safe and reliable gas and electric service to our customers. You’ll continue to see our blue and white trucks and our hard-working crews in the field engaged in important work to safely supply energy to our customers,” said Andy Vesey, PG&E Utility CEO and President.

“We see our role at PG&E during this very difficult time as helping to maintain essential services, no matter what. With inclement weather continuing across Northern and Central California, right now that means tracking weather systems and working with our workforce in the field to stage resources, inspect our equipment, make needed repairs and ensure we’re prepared for what comes next,” Vesey said.

Today, in its continuing response to the COVID-19 pandemic, PG&E announced:

• It has formally activated its Emergency Operations Center to facilitate and coordinate the company’s response to the spread of the virus. The company has had an Incident Management Team monitoring and responding to the virus for three weeks.
• In an effort to maintain continuity of gas and electric service, the company has proactively determined that it will not engage in system upgrades or other work that results in a disruption of gas or electric service through April 7 in the six Bay Area counties under the shelter-in-place directives. This includes San Francisco, Santa Clara, San Mateo, Marin, Contra Costa and Alameda counties.
• All PG&E’s customer service centers where customers can normally pay their bills will be closed as of tomorrow (Tuesday, March 17). This follows guidance on social distancing. Customers who typically pay their bills at one of these centers can call 1-877-704-8470, mail payments to PG&E, P.O. Box 997300, Sacramento, CA 95899, or go to go to pge.com to learn how to pay online or to find nearby Neighborhood Payment Centers.

Tom Dalzell, business manager of IBEW Local 1245, which represents most of PG&E’s electric and gas workers, agreed that ensuring customers have the energy they need for their lives is more important than ever.

“We stand with PG&E during this challenging time, and the men and women of IBEW will be working as hard as ever to make sure the grid is working safely, gas is flowing reliably and that we are here for PG&E’s customers,” said Dalzell.

Power in PG&E’s portfolio remains readily available and more than 80 percent GHG-free. PG&E operates several natural gas power plants, a nuclear plant in San Luis Obispo County and the country’s largest privately held hydropower system. Additionally, the company gets power from solar and wind farms and other renewable sources. It all flows to our customers via electric transmission lines and gas transmission pipelines and then through distribution lines to homes and businesses.

On March 12, PG&E announced that due to the COVID-19 pandemic, it has voluntarily implemented a moratorium on service disconnections for non-payment, effective immediately. This suspension will apply to both residential and commercial customers and will remain in effect until further notice. Please visit www.pge.com/covid19 for more details and to see how the company is supporting its customers and employees.

About PG&E

Pacific Gas and Electric Company, a subsidiary of PG&E Corporation (NYSE:PCG), is one of the largest combined natural gas and electric utilities in the United States. Based in San Francisco, with more than 23,000 employees, the company delivers some of the nation’s cleanest energy to nearly 16 million people in Northern and Central California. For more information, visit www.pge.com/ and www.pge.com/en/about/newsroom/index.page.

The Executive Order authorizes local governments to halt evictions, slows foreclosures, and protects against utility shut offs; The protections are in effect through May 31, 2020

SACRAMENTO – Governor Gavin Newsom today, Monday, March 16, 2020 issued an executive order that authorizes local governments to halt evictions for renters and homeowners, slows foreclosures, and protects against utility shutoffs for Californians affected by COVID-19.

The Executive Order comes as Californians are experiencing substantial loss of hours or wages, or layoffs related to COVID-19, affecting their ability to keep up with their rents, mortgages, and utility bills.

“People shouldn’t lose or be forced out of their home because of the spread of COVID-19,” said Governor Newsom. “Over the next few weeks, everyone will have to make sacrifices – but a place to live shouldn’t be one of them. I strongly encourage cities and counties take up this authority to protect Californians.”

The order does not relieve a tenant from the obligation to pay rent, or restrict the landlord’s ability to recover rent that is due. The protections are in effect through May 31, 2020, unless extended. The order also requests banks and other financial institutions to halt foreclosures and related evictions during this time period.

The Governor’s Executive Order asks the California Public Utilities Commission to monitor measures undertaken by public and private utility providers to implement customer service protections for critical utilities, including electric, gas, water, internet, landline telephone, and cell phone service on a weekly basis.

The full Executive Order can be found here. Gov Newsom 3.16.20-Executive-Order N-28-20