This morning, there was a “crisis” meeting with high level law enforcement and private citizens to discuss the out of control situation of lawlessness regarding homelessness encampments in and around the City of Santa Rosa and Sonoma County.

On the call presenting were the Sonoma County District Attorney Jill Ravitch, Sonoma County Sheriff Mark Essick, Santa Rosa Police Chief Ray Navarro, Property owner and developer Hugh Futrell, and Corporate Business Park Association President Keith Woods.

Executive Directors of the Association of General Contractors, the Sonoma County Alliance, the North Coast Builders Exchange, North Bay Association of Realtors, the North Bay Leadership Council, the Farm Bureau, the Northern California Engineering Contractors Association, and the Santa Rosa Metro Chamber.

Santa Rosa Mayor Tom Schwedhelm, Santa Rosa City Attorney Sue Gallagher, and Santa Rosa Assistant City Manager David Guhin were also active in the Zoom meeting.

The message from the private side was clear-WHY CANNOT LAWS BE ENFORCED?

The message from the various participants was also clear-DO NOT RELY ON THE SYSTEM TO BE THE SOLUTION”.

Holy Crap.

What we learned is that Dr. Mase has interjected herself into the City of Santa Rosa’s plan to disburse the encampment under Highway 101 (at least temporarily).  Apparently, Dr. Mase has requested the City of SR delay the disbursement of the illegal encampment under Highway 101 due to health concerns.

What we also learned, is that approximately half the normal population of inmates at the Sonoma County Jail have been released because of Covid-19 concerns.

We also learned the combined (with the vast majority of the calls from the City of Santa Rosa), annual “Homeless Related Incidents” average calls to the Police and Sheriff are around 21,000 per year.

We also learned that the District Attorney office will prosecute crimes “but that it takes a tremendous amount of time, cost, effort, and the probability of the judge simply sentencing the criminal to probation is great.

We learned that Police and Sheriff forces are overwhelmed and do and will respond to crimes that are committed, however, crimes of misdemeanor vandalism are difficult to prove and result in warnings, escalated to citations and sometimes arrest and bookings for more serious offenses, and are rarely sent to court.

We learned that if there is rape, robbery, drug sales, or private property trespassing, the law enforcement officers have some “tools” to take action.

What we learned is that Dr. Mase has interjected herself into the City of Santa Rosa’s plan to disburse the encampment under Highway 101 (at least temporarily).  Apparently, Dr. Mase has requested the City of SR delay the disbursement of the illegal encampment under Highway 101 due to health concerns.

What we also learned, is that approximately half the normal population of inmates at the Sonoma County Jail have been released because of Covid-19 concerns.

We also learned the combined (with the vast majority of the calls from the City of Santa Rosa), annual “Homeless Related Incidents” average calls to the Police and Sheriff are around 21,000 per year.

We also learned that the District Attorney office will prosecute crimes “but that it takes a tremendous amount of time, cost, effort, and the probability of the judge simply sentencing the criminal to probation is great.

We learned that Police and Sheriff forces are overwhelmed and do and will respond to crimes that are committed, however, crimes of misdemeanor vandalism are difficult to prove and result in warnings, escalated to citations and sometimes arrest and bookings for more serious offenses, and are rarely sent to court.

We learned that if there is rape, robbery, drug sales, or private property trespassing, the law enforcement officers have some “tools” to take action.

Due to space limitations, I will “cut to the chase”.

The Business Community is fed up. We are done seeing County and City Officials “pointing the finger” at each other and the system failures. Voters have to wake up, and vote for tougher judges and tougher laws. The advice we got was to advise property owners to install good security cameras and post their property with No Trespassing signs so officers can react legally to trespassing events.

I will print more frustrating things we have learned and steps we are taking but there is a big meeting today (June 18, 2020) with County Health Director that should get resolved to allow encampment disbursement plans to proceed ASAP.

Bottom line-our City and County economic health is at stake, and therefore the ECA members economic health is at stake. There is no greater problem right now facing us locally then getting a handle on this situation. Businesses, already feeling the Pandemic shutdown effects, are seeing the general public stay away from their retail and food businesses because of the homeless situation. Soon, there will be more and more businesses shuttered and closed down, and an empty downtown Santa Rosa. This is a crisis and the ECA is fully engaged in finding a solution.

No more finger pointing. We demand the encampments be moved out of the City and into a controlled environment that is suitable. We also demand that crimes be prosecuted.

We want to take our Community Back!!

That’s All Folks

John

Sometimes, I just have to admit I cannot write a message any better than one of my peers. I would like to share this note from Peter Rumble, the Executive Director of the Santa Rosa Metro Chamber of Commerce. I tried to write something that expresses my emotions and thoughts on this crisis we find ourselves in, and I couldn’t do it better than how Peter expressed it. So here it is—link-

That’s All Folks

John

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NEWSFLASH!!

The latest Covid 19 Health Orders Including the Use of the App by Employees and Employers:

Although the ECA and others have strongly advocated for the mobile APP to be a “recommended” use rather than “mandatory”, to date the County has not changed its designation. The implementation of when an employee and employer have to start using the App (or alternate means of data tracking) has not yet been determined. Soon, is what I hear.

So hear is a plagiarized summation of the App or the alternate means of compliance. Remember, the health orders are listed right here by clicking on this link, and they INCLUDE TAKING EVERY EMPLOYEE’S TEMPERATURE EVERY TIME THEY ENTER THE WORKPLACE!!

About the COVID-19 Check Mobile App

SoCo COVID-19 Employee Check is a mobile app that helps employees and employers in Sonoma county prevent and mitigate the spread of the novel Coronavirus.

• Each day, before starting work, employees complete a 30-second self-assessment for COVID-19 related symptoms and potential exposure to the virus.

The employer portion of the app asks employers to verify that employees do not have temperatures over 100.0 Fahrenheit and are wearing appropriate face coverings in accordance with the Health Orders of the County’s Public Health Officer.

We also suggest that if you disagree with the app being mandatory that you reach out to your Sonoma County Supervisor to voice your opinion. Click here to find the contact information for your District Supervisor

Reporting Health Data

Employers will collect employee health statistics, choosing one of the reporting methods outlined below. At the employer’s discretion

The employer may ask the employees to use the SoCo COVID-19 Employee Check – Mobile App which will report statistics automatically to the County of Sonoma Public Health Division.

If the employee is unable to use the mobile app

The employee may report their health status using the COVID-19 Check – Employee Survey

The employer may report employee health status on their behalf using the SoCo COVID-19 Employee Check – Online form for Employers

If the employer prefers to collect employee health statistics using another tool, the County will be providing a method to report the summary statistics to Public Health.

Download the Mobile App

The mobile app will be available for iOS and android devices, in English and Spanish. LINK

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A big thank you to Diane Aqui and Rachel Dollar from Smith Dollar PC for their presentation on Recommendations to Protect Employers Against Claims and Lawsuits From Employees and Third Parties and will also answer your questions about the PPP loan and the new regulations. Also thank you to BKF Engineering for Sponsoring.

Here is the link to the Zoom video meeting. It starts a few minutes into the meeting.

It has been a while since I wrote any real “opinion” Soapbox. I miss the usual comments from Bill Olmo, Mark Soiland, and Marc Winters. So here goes my opinion, and I hope it makes you think, provides some modest entertainment value, and provides some information to digest.

Recently, Governor Newsom revised his 2020-2021 Budget (first proposed in January 2020), and scrolled down income $41.2 billion for the budget period from his initial budget in January 2020. This pegs/assumes the overall California deficit at $54.3 billion. There is a June 15 budget deadline coming fast, and Newsom is contemplating several things to close the gap in his budget between cash in vs cash out.

Some of the major items being considered include major cuts to K-12, higher education, and other popular services. That is on the “expense side”. Lobbyists are working the Sacramento Capitol halls and offices furiously to mitigate some of the cuts being proposed.

What about on the income side? There is lots of talk about “alternate revenue sources”. Hmmm. I wonder what those might be?

One of those alternative revenue sources being considered, is to suspend tax credits on businesses to raise/save $4.4 billion.

Public employee unions want to go to the ballot box in November to pass a new property tax measure increasing the property tax on warehouses, hotels and office buildings. Public employee unions back this bill because it would raise revenue to bolster education funding.

And here is the real question: do concerns about cuts to education and other government funded services outweigh the personal pain the private sector is going through with the Pandemic shutdown and “stuttering” reopening of businesses?

As John Wayne said

“If you’ve got them by the balls their hearts and minds will follow.”

I am not so sure our hearts and minds will follow, but the State certainly has us by the balls. Since the Governor and his majority in Sacto have a super majority, they do not even need to go to the voters to pass a tax increase. What? Is that possible? Feel that squeeze on your balls? Painful huh? All they need to do is get 2/3 majority in Sac City from both houses of the Legislature. And they have the votes. Believe me. The ruling party is firmly in control of your jewels-in more ways than one.

The ”juggling act” is that a slew of new State taxes could jeopardize the “darling” of the SEIU and Public Employee Unions-that Commercial Property Tax increase. That does need to go to the voters. Newsom and the other Legislators know that if they pass a bunch of new tax measures, the voters might actually get fed up and vote “No” on the Commercial Property Tax Measure that would raise an estimated $10 billion plus a year to be used for teachers, admin, schools, and local governments.

Opponents of the Commercial Property tax measure are already stating their opposition to increasing costs to those property owners, who would likely simply pass the added cost on to their tenants-the already severely wounded businesses that have suffered the most from the Pandemic shutdown.

I am continually amazed at the gall of Sacramento politicians and Newsom in particular. While spending continues on the high speed train to nowhere, handouts to undocumented workers (another way to say “illegal immigrants”), and the massive expenditures that the State has “punted” to local governments to deal with “zero bail” prisoner releases as well as providing housing and other services to the exploding “homeless” legions.

Without a doubt, the State of California has a huge hole of deficit to try and backfill. As usual, and as always, the number one solution is to burden businesses that have already been hammered in the last few months. At some point, voters will demand that the State take a “haircut” as most of our businesses have had to do during this crisis. How about laying off and closing down some of the hundreds of bloated State commissions and committees and employees? Would you be willing to pay more in State taxes is you actually saw the State vote to cut their costs by an overall 10-15%? Sure, there would be some pain to the cuts, but the taxpayer would catch a much-needed break.

In November, we all get to go to the ballot box (or mail in your vote, lol), and decide if we want to vote for the accepted solution of State budget crisis that our Legislators and Governor has adopted-to tax you.

If we choose to be taxed, vote for incumbents in California-they will oblige you. If not, there are choices. I am not sure the Republicans are much better (they seem to be adopting the spend freely and tax even more freely solutions), but I for one will be looking for candidates that are trying to give business owners and private sector employees a break. Let’s hope there will be some of those running. Otherwise, I fear the mantra will be “tax the rich, tax the working man, tax everyone” in November.

Vote wisely!!

That’s All Folks,

John Bly

The Newsflash below was written Thursday morning. Thursday at 12:30-1:30, the ECA/NCBE/SR Metro/Farm Bureau/SCA/and NBLC were in a zoom meeting with Supervisors Rabbitt and Hopkins. They are our friends, they advocate on our behalf, and they are just as frustrated as we all are at the way these Health Orders are being communicated to the businesses. With that said, our group provided input to the Supes about how the new APP requirement below, got rolled out with the wrong messaging and should have been “recommended, rather than required”. The latest bit of news from this meeting came at the end, and we were told the Health Department is going to delay the implementation of this requirement. There is a big closed door meeting on Monday, 6/1/2020 and more will certainly come out of that meeting. For now, YOU DO NOT HAVE TO USE THE APP STARTING ON MONDAY!!!

And now, for my previous, now outdated, missive below–

Just a few days ago, the Sonoma County Health Director, Dr. Mase, instituted a new rule for ALL BUSINESSES and ALL EMPLOYEES in Sonoma County. In addition to the existing protocols that businesses and employees are required to follow, there is now a new App for a Smartphone/tablet/computer that needs to have the employee enter info on each time the employee enters the workplace. The employer, as part of the same APP, needs to document certain information as well. This is not “recommended” but REQUIRED. The App, reportedly, can be downloaded in the Google Store or the Apple Store (although I have been told the App is not yet available from certain folks I have spoken to). This additional requirement is in effect June 1, 2020 and does not supersede or eliminate any requirements that were already in existence. To read the Press Democrat article regarding this APP, click here—

The easiest money for Government to get from you, is sales tax measures. They take very little work by Government to pass them, they never seem to end, and they bring in dollars for all kinds of much needed things that, arguably, could either be done without, or paid for with some restructuring of priorities.

I understand how important an extension of Measure M is to fund much needed projects for road repair in Sonoma County. Our ECA Board of Directors has given me my “marching orders” to support a Measure M tax extension. Our Board agrees that going to the voters in November is not a good idea, but should the SCTA Board of Directors vote to do so, and the Sonoma County Board of Supervisors agree with that and vote to put the sales tax extension on the ballot in November, you can be assured that Yours Truly will do all I can to see it supported and hopefully, passed.

With that said, I know the SCTA Board of Directors listened carefully to what the Windsor Town Council said last night as they discussed whether to go to the voters in November or not. The Windsor Town Council gave a 5-0 Consensus direction to their SCTA Board of Director, Sam Salmon, to vote no on going to the voters in November. Mayor Dominic Foppoli and his fellow Town Council members basically said “show me some polling data that says voters would actually support this, and I can be able to change my mind. But for now, given the voters saying no to firefighters in March and to the SMART train in March, it is crazy to think the voters would support a tax extension in November with 25% unemployment in Sonoma County.”

The SCTA has made it clear that they are moving forward to “keep their options open” as to proceeding with the ballot measure in November or not.

Moving forward in November is not the real topic of this Op ed piece today. The real thrust of this is to consider that sales tax measures are doomed for the foreseeable future.

The current Measure the truly wonderful Suzanne Smith is trying to find support for, is basically a 65% split towards fixing roads and a 35% split towards “Climate Change” items like increased bike/ped paths and more dollar to bus transit. Whatever the split, the needed vote from the citizens is 2/3 have to say YES. If the SCTA Board decides on May 11 to keep the option of going to ballot in November open, polling will be done in June. It is plain to see how tough it is going to be to pass a sales tax measure without a “shining star” like we had in 2004 with “Three Lanes All The Way” as we taxed ourselves to widen Highway 101. In an effort to head off opposition more than to appease anyone, the “compromise” of increasing dollars to climate change enthusiasts while holding on to a 65% allocation to make our roads smoother, is intended to minimize those groups of voters who would oppose the Measure.

Today, there are other groups that are unhappy with the ballot measure split of 65% to roads, and 35% to bike/ped paths and public transit. I hear there is strong lobbying efforts being made to the SCTA Board of Directors by groups that are primarily concerned with Climate Change, to demand more dollars from a Measure M tax go to climate change issues rather than fixing our bad roads in SoCo. The ECA has taken the position to the SCTA Board that we could support the current 65% to roads and 35% to bike/ped and public transit, but if those numbers shift away from road repair, you may not be able to count on the ECA for active support. This is the same message coming from the “pro bus” contingent. Their message is if you do not allocate more dollars than 35% to climate change reduction, then we cannot support the Measure and we will oppose it.

What a freakin’ mess.

On one hand, if you had a Measure with 100% going to road repair, I am not sure you could get all of our ECA Members to agree to tax themselves. You might get 2/3 that is needed, but you would certainly get opposition from the substantial group that wants climate change issues funded. On the other hand, if you had a Measure that had 100% allocated to reducing climate altering GHG’s, I suspect you would not get 100% of the “environmentally progressive” group to support that either. I suspect they want more than a ¼ cent sales tax for their issues.

Is it time to call the attempt to have a sales tax measure attractive to too many people as the wrong approach? Maybe it is time to have a very specific “fix and smooth our roads and make our bridges safe” tax measure that does not consider (other than what is legally obligated to consider) climate change issues. That would allow the group that wants to fund climate change mitigation measures (increased bike/ped paths, increased bus transit routes, subsidies to modernize the bus engines to non-carbon, etc. etc.) to promote their own tax measure.

So, the poor SCTA is trying to find a middle ground that probably does not exist. The middle ground is what they are proposing now 65% for roads and 35% for bike/ped and public transit. And that is not “floating anybody’s boat” as far as I can tell. As the Windsor Town Council iterated, if you can show me some polling results that support it, I could change my mind. But for now, given the Pandemic crisis we are in, given the ideological impasse between groups that want no road dollars vs groups that want no bus dollars, I think any effort to ask the voters to approve a sales tax measure in November is dead on arrival.

If my opinion is correct, what does that mean? Should the Feds ever get done with their partisan standoff, there is an infrastructure bill that is long overdue and that is being worked on. Primarily, to receive those future funds, A County has to demonstrate that they are taxing themselves for their infrastructure work and they would “qualify”. It is far more complex than that, but for the purpose of an Op Ed piece, that simplified explanation will suffice. Bottom line, if we do not approve a Measure M sales tax measure, we miss out on lots of Fed dollars that will then go to other Counties that are self-help.

Sales tax measures to fund anything will be very tough to pass in the near future. Maybe for a lot longer than the near future. If voters are not making as much as they used to, will any of us check the box to have more dollars removed from your wallet? And if that sales tax measure is trying to appease to all groups, both “pro bus transit and pro fix our damn roads”, will there be enough in it for either group to overcome the reality of the “new economics”? Maybe it is time to quit trying to pass sales tax measures that appease everybody. If a sales tax measure has a chance to succeed, make it really simple. The proceeds will go towards making our roads and bridges safer and smoother. Now taxpayers can clearly look at it and decide whether they can support it or not. That is quite different than “not opposing it”.

I think if tax measures are put to voters in an attempt to get many of them to “not oppose it” rather than clearly give the taxpayer a benefit that is measurable for their tax contribution, tax measures are likely dead on arrival.

That’s All Folks

John

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What the ECA Has Been Doing to Represent ECA Members

Given the focus on the Covid-19 Crisis, it seems like all news revolves around Shelter in Place orders and Essential Work these days. Here is what the ECA has been up to:

1. Every week, I participate on a Zoom meeting with the Executive Directors of The Farm Bureau, AGC, NCBE, Sonoma County Alliance, North bay Association of Realtors and the Santa Rosa Metro Chamber. We exchange news and info with the purpose of preserving the rights of businesses to operate safely during the Covid-19 Crisis.
2. Once a week I participate with a Zoom meeting with Sonoma County Supervisors David Rabbitt and Lynda Hopkins. Frank discussions as to how the Health Orders are being generated and applied are held. Clear and continuous proactive measures are promoted for ECA type work such that our work will continue to be allowed and expanded. From submission of “Best Management Practices” to touting our Webinar on Covid-19 safety protocol all matter. Your business interests are being supported and continuously promoted to the decision makers.
3. Two weeks ago, we held a free Webinar (mentioned above) on Covid-19 safety protocol. Every time I discuss how our industry is proactive, this is utilized as an example. It makes a difference. Another Webinar is being planned as you read this.
4. Every week I participate on a Zoom conference with the Sonoma County Economic Development Board and its Manager, Sheba Person-Whitley.  The purpose of these Zoom conferences is to provide input as to the current Health Order work protocols, and which of those protocols can actually be implemented, and which cannot be. It is commonly known that Dr. Mase is not consulting directly with anybody in the Construction world but rather she is relying on the Governor’s office as well as other Health Directives to formulate Sonoma County Health Orders. Many of the protocol items in the SoCo Health order are manageable to your firms. It is a small price to pay to keep you and your employees safe and allow you to work on projects. We are better off than many businesses that have more severe shutdowns in place. These dialogs with EDB are useful and put us in the same conference working with decision makers like Tennis Wick, Gabe Osburn and Jesse Oswald. Keeping a close collaborative working relationship with these folks is integral with our success and your success.
5. I participate every two weeks on a Metro Advocacy Zoom Meeting. As you can imagine, keeping our other working groups healthy is paramount to our own success. We need to work to resurrect tourism, restaurants and bars, and other businesses. To that end, Peter Rumble from the Metro, has been doing a tremendous job supporting the concept of basic health standards protocol by Sonoma County Health Officer, while holding businesses to meeting those health standards with much more detailed plans for their specific business. This is gaining traction and will lead to a quicker reopening of businesses than if we stay reactive rather than proactive.

6.    On Wednesday, myself along with Dave Weller, Dale Mahoney and Dick Ghilotti, participated in a “Reopening Task Force” meeting designed to provide pragmatic feedback to protocols in place that Contractors, suppliers, truckers and engineers and consultants have to adhere to. We participated with Labor (OE3), other Contractor groups (Bradley Electric), the Builders Exchange, and Gabe Osborn/Jesse Oswald and Raissa De La Rosa from SR Economic Development Board. While our Construction Work Group discussed and offered suggestions on the protocol measures, other groups were meeting to do the same (Hospitality groups, Tourism, Agriculture, etc.). All of the input is valuable and our participation proved to the decision influencers that our industry is as proactive as any and should be allowed to work because we are practicing Best Management Practices now and will continue to be proactive and responsible in the future. You cannot underestimate how important this is gang. We need to keep working!

7. Finally, close relationships with the other Associations we have built such tremendous bonds with over the years allows us to influence protocol measures of the future. At the very least, the strength in numbers that we have as we collaborate with realtors, farmers, ranchers, commercial builders, engineering groups, tourism associations, and home builders is a powerful way to communicate with our elected officials. We need to keep that going. We need to keep supporting the ECA and we need to keep supporting the other groups we are closely aligned with (NORBAR, Farm Bureau, Sonoma County Alliance, North Coast Builders Exchange, Santa Rosa Metro Chamber, Association of General Contractors, and our local elected officials and their staffers.

We can get through this. But we need to support each other. With events being eliminated for the near future, I hope you all recognize the value the ECA brings and when dues renewals go out in June, we hope you all stick with us and work on solutions to the unprecedented crisis we find ourselves in. I stand with you, so please stand with me.

John

It should be noted, and I have mentioned before, the decisions that are regulating on who can work and how they can work are being made by County Health Services Directors across the state. Sonoma County Health Services Director is Dr. Mase. Dr Mase reports directly to the Governor’s Office. The County Board of Supervisors do not control nor influence directly any decision made by Dr. Mase. With that bit of information I present to you the latest and greatest from the 6 Bay Area Counties Health Services Directors as to new work protocols. Undoubtedly Dr. Mase is reviewing the protocols for the 6 bay area counties and may institute them for Sonoma County, modify them, or may ignore them. We shall see in the next day or two.

The effective date for these protocols in May 4, 2020.

From the helpful folks at United Contractors, here is the new Covid-19 Protocol for Large Projects: link

From the helpful folks at United Contractors, here is the new Covid-19 Protocol for Small Projects: link

As you can imagine, things are happening by the hour, not by the day. I have been researching this since it came out yesterday, and rest assured, we will report on any new news on this. I have been unable to ascertain why Sonoma County has been “late” (at least later than they had promised) with their new Health Order on loosening construction shutdown protocol. I suspect they may be wrestling with this Health Order that is now in place in the six Bay Area Counties.

Honestly, in an attempt to loosen construction shutdown rules, these new safety protocol requirements are unworkable. How on earth can this industry find, prepare the forms, modify their safety manual, train the JSOS and hire a 3^rd party JSAS (read the Protocol to see what these are please) by May 4, 2020? That would be impossible. I know United Contractors is pushing back hard, so I would suspect more new news will be forthcoming within hours on this subject.

I had another Soapbox all written but this was such monumental news I canned the Soapbox and went with this new Protocol.

Stay tuned—If in the next few hours we see these protocols being enforced, the ECA will be setting up through a third party access for ECA Members to get the information/training/help they need to comply.

That’s All Folks!

There is an effort to move from “Essential Services” to a Framework for Health Practices in order to assist the County Health Services Administrator in safely re opening businesses. To that end, the ECA is forwarding the following list of Best Management Practices to Dr. Mase at Sonoma County Health Services. We are trying to assist in her very difficult job in a supportive and constructive manner.

The ECA Has Reproduced the Best Management Practices List from the United Contractors Website. This list of BMP’s is not intended to be a static set of guidelines, but rather, a dynamic, site and crew specific set of practices that you can utilize for your own Code of Safe Practices. Please feel free to personalize these, and apply what dynamic interaction works best for your firm to ensure there is interactive contributions from your crews, your Human Resources manager, and your safety team.

The Best of the Best Management Practices for Covid-19 General Engineering Contracting, is as follows:

1. Submit a new or updated Site-Specific Health and Safety Plan to address Covid-19related issues to the appropriate County Health Representative or Owner Representative on your project.
2. Establish an assembly point for staff, before the start of work each day, that complies with the recommended social distancing parameters.
3. Establish a daily screening protocol for arriving staff, to ensure that potentially infected staff do not enter the work site. If workers leave and re-enter the work site during the shift, re-screen individuals prior to re-entry into the work site.
4. Provide a daily tailgate session reviewing site protocols to mitigate potential spread of the virus. As information is changing continuously regarding COVID-19, these tailgates should occur daily and contractors should document attendance and require worker signatures.
5. Designate a Site Safety Rep (SSR) to monitor and implement all recommended safety practices regarding the COVID-19 virus with all contractor staff members. Labor supervisors must have the authority, through consultation with the SSR, to halt all activities that do not adhere to the COVID-19 safety practices. The SSR should have training commensurate with this hazard and all required industrial hygiene practices that may be required on the job site. This person will be responsible to maintain supplies of disinfectants and make sure that workers follow decontamination, hand washing, distancing, and PPE rules.  
6. Establish the level of PPE required for each specific task. This is especially important for tasks that may require staff to work inside of the recommended social distancing zone. Employ a task specific Job Hazard Analysis (JHA).
7. For work sites where multi-employers share the same work space, inform all employers about each site-specific COVID-19 Construction Field Safety Guideline. Where one contractor enters the space of another contractor, the most stringent guidelines will be followed.
8. Clean and sanitize trailers, toilets and other enclosed spaces. Establish deep cleaning schedules on job sites to address exposed surfaces.
9. Social distancing or appropriate PPE must be maintained in elevators and lifts. Establish a regular cleaning and disinfection schedule for elevators and lifts.
10. Establish a cleaning and decontamination protocol prior to entry and exit of the job site. Establish a similar cleaning protocol within the job site area.
11. Establish cleaning and/or hand washing stations within the work areas. They should be of sufficient quantity to allow staff to remain within the work areas without exiting into break areas. It is critical to adequately maintain these stations continuously.
12. Establish adequate time in the work day to allow for proper cleaning and decontamination including prior to leaving the job site for the day.

Also, as part of the Site-Specific Health and Safety Plan contractors should draft and implement a Code of Safe Practices that will at a minimum require staff/labor to follow the following guidelines during the course of their work:

 If you feel sick, and/or have been exposed to anyone who is sick, stay at home. You may be required to provide test result showing a negative result (not infected) before being allowed to return to work. This is critical to preventing spread of the virus.

1. Wash hands frequently for at least 20 seconds with soap and water. Avoid touching your face with un-sanitized hands. Avoid touching common surfaces with bare hands.
2. Constantly observe your work distances in relation to other staff. Maintain the recommended 6 feet at all times when not wearing the necessary PPE for working in close proximity to another person. Do not shake hands or make other direct contact with other staff. Do not carpool with other staff unless they are family members living within your household.
3. Do not share phones. Use of microwaves, water coolers and other similar group equipment for breaks are suspended until further notice.
4. Clean personal tools prior to use, as well as group tools.
5. If your task requires working in close proximity to another person, review the required JHA to ensure you are equipped with the proper PPE and are trained in and understand the directions for use. Do not start any task until you have been properly equipped and trained on procedures.
6. Ensure you clean and maintain your personal PPE and do not loan any item out to other staff.
7. Disposable PPE, paper towels, and similar waste must be deposited in non-touch waste bins.
8. Do not cough or sneeze into your hand; rather, direct coughs and sneezes into the crook of your arm at your elbow; follow established CDC guidelines. 
9. Workers should change work clothes and shoes prior to arriving at home. All clothing should not be shook out. Launder work clothes separate from other laundry.

As you read the checklist health standards and FAQ’s  for our industry, you will undoubtedly conclude, as I did, one of the toughest changes to the way general engineering contractors do their work, is to have a huge paradigm shift in how we look at our own, and our crew member’s health status. I know from my experience, and you know from yours, that the Monday morning tailgate meeting usually has everyone in attendance, regardless if they are running a fever or “hacking up a lung”. It has always been expected that feeling ill is no excuse to not put your shift in in our business.

That has got to change and change in a big way.

From Ownership to top management, and from top management to all of your workers, we must shift the expectation in a big way. No longer should a laborer or operator show up to work with a fever and be allowed or encouraged to “man up” and complete his/her shift.

IF YOU ARE ILL, STAY HOME!

Please note that you cannot take the temperature of a worker because it is an invasion of privacy.

So your Site Safety Rep (SSR) and foremen need to ascertain if a worker has a fever in some other manner and that may mean additional training to recognize and act on the worker being sent home. Also, if the worker with a fever does show up, and is at the safety tailgate meeting, what then do you do with your other crew members who just got exposed to that person who may or may not have the Covid – 19? This is a decision that needs to be made under the unique circumstances of the jobsite and the timing of the illness realization. You need to have a protocol set up with a person trained enough to make the correct decision-EVERY TIME.

Imagine, if you will, all of the work you are doing to adhere to the safety and health standards and imagine all of the other businesses determining their own standards to allow their business to reopen or to stay open. Hard work or not, it is a must as we move forward towards a more “normal” abnormal that we are all faced with.

That’s All Folks!

John

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Sonoma County Road Tax Extension Headed for Ballot in November-Why Go In November? What Is the Thinking Behind Considering Asking Citizens to Tax Themselves in the Midst of the Pandemic Crisis?

Last week’s Newsletter had announced that the ECA, along with other Business organizations, had advised the Sonoma County Transportation Authority NOT to go to ballot with the Measure M tax extension in November. There were a number of reasons for our opinion, and a few of them are listed below:

1. Businesses and individuals suffering too much from Covid-19 Pandemic economic impacts will have most voting NO on any new sales tax measures (even thought this is an extension, any taxes after 2024 would actually be New Taxes).
2. Measure I had voters turning down a ¼ cent sales tax measure for a so-called “Green” mode of transportation. We felt not enough people would vote for a Measure M extension even if it was more “climate friendly” based on what voters did in March of 2020 to Measure I.
3. There is no main focal point for the extended Measure M like we had in 2004 (Three Lanes All the Way). People will not vote for 65% road improvement and 35% “climate change” modifications.

In fairness, I wanted to include some of the reasoning to go to ballot in November. Before I do that, please allow me to illustrate that the SCTA Board last week basically voted to “keep their options open” as to going forward to ballot in November. Here are the steps that still need to be taken before going to ballot:

1. May 11, 2020-SCTA Board will vote on the “Go Sonoma Act”. This is the Measure M sales tax extension that is currently being considered. It has a 65% allocation for roads and moving traffic component, and a 35% component for increased bus service plus bike and pedestrian pathway. There is considerable lobbying going on right now by environmental groups to increase the 35% and decrease the 65%. The ECA has stated we can support the Go Sonoma Act as presented (65-35 split). I have included the Go Sonoma Act here for your review—
2. Once the SCTA Board of Directors votes on May 11, 2020, there can be not further modifications to the measure moving forward. From May 11 onwards, the only question is does it get put on the ballot in November or not?
3. In late June, there will be polling done (assuming a YES vote on May 11 above).
4. In early July, the SCTA Board will have one final vote to recommend the Measure be put on the November ballot or not. Presumably, the polling information will determine this vote.
5. On the first Tuesday in August, the final decision is made as to whether to go on the November Ballot or not by the Sonoma County Board of Supervisors. If they vote yes, the measure goes to the voters on November 3, 2020.

Here are some things to consider with moving forward with the ballot measure in November.

SCTA is developing the Go Sonoma Act – Better Transportation for All of Sonoma County and wants to keep its options open as we look ahead to the November election. Passing a measure in November will help with the recovery effort from the COVID-19 pandemic by funding transportation projects that support local jobs. SCTA has successfully delivered transportation projects in Sonoma County since the passage of Measure M in 2004 by leveraging other regional, State and federal fund sources. Measure M allowed for the SCTA to plan and fully fund the Highway 101 improvements, matching Measure M funds at a rate of five outside dollars for every local Measure M dollar. Go Sonoma will continue in that tradition.

SCTA wants to be able to plan now and get projects shovel ready. From inception to completion transportation project take years if not decades to deliver. Planners and engineers need reliable, known funding sources to develop and implement projects that will meet our transportation needs. SCTA also wants to stay competitive. Being a self -help county allows Sonoma County and all 9 cities to be compete against other counties to leverage regional, State and Federal fund sources. Even in this pandemic, as we look for projects that can stimulate the economy, it is the ones that local funds have made ready for construction that will be the most competitive, like the Hearn Avenue Interchange.

The ability to plan on reliable local funding is critical to providing Sonoma County a reliable, safe and well-maintained transportation system. The SCTA is working to keep the option available for a November 2020 ballot measure, a final decision at the July 13^th Board meeting will determine if November 2020 is the right time. There will be check in points in May and June at the SCTA Board Meetings and at meetings at every city’s council meetings plus at the Board of Supervisors.  Go Sonoma is proposed as a no tax increase, extension of Measure M for another 20 years.

The other thing to consider is if we wait until 2022 or 2024, there will be a “plethora” of tax measures rather than no competition in November of 2020.

I will be participating on a conference call Thursday, 4-23-2020 with Suzanne Smith so if you have any questions, please send me the questions and I will be happy to ask them on your behalf.

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Short Bites:

Napa is reopening golf courses, and other businesses as we speak. All construction, commercial and housing, is also able to move forward. This seems to be a trend in many Bay Area Counties, so we applaud this!!

City of SR has new Permit and Construction Guidance and we will include those here if we receive them before going to print.

The City of Healdsburg voted Monday night to divert $600,000 from Measure V street improvement projects to provide assistance to small businesses in Healdsburg. Measure V is a ½ cent tax enacted in 2012 and has raised over $12 million to be used for public safety and road repairs. I have spoken to the Mayor of Healdsburg and asked him to consider “robbing Peter to pay Paul” will hurt our members who spend money in Healdsburg that generates that sales tax. Double edged sword, and a very tough decision. Rest assured; Measure M dollars CANNOT BE DIVERTED. Although I am concerned that other jurisdictions might consider diverting dollars, Measure M is untouchable. Good news in the midst of bad news.

The City of Rohnert Park has formally requested all construction be allowed, not just the specific construction allowed in the Sonoma County Health Ordinance.

Sonoma County Covid-19 Roadmap to Health – Link

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The City of Santa Rosa has temporarily limited its operations to provide essential inspection services ONLY to prevent the spread of the coronavirus in our community. This means the City of Santa Rosa has reduced staffing during the pandemic and is focused on providing inspection services that support the most restrictive construction activities that are presented under both the State and County health orders. For more information on actions the City has taken to slow the spread of coronavirus in the community, visit srcity.org/PreventTheSpread. As of April 7, 2020, the following inspection services are available under Sonoma County Order No. C19-03 (Order): link

On April 1, 2020 the County extended the Shelter In Place Order No. C19-03 to May 3, 2020. The extension also brought with it additional restrictions associated with construction activities. We’ve received a significant number of requests from the construction and private development communities regarding the activities that are allowed under the County’s amended health order.  The construction specific activities that have received an exemption from the Shelter In Place requirement and are currently allowed to commence are highlighted in Section 13 (F)(F) of the Order. I’ve included a list of the specific activities below:

• Projects immediately necessary to the maintenance, operation or repair of Essential Infrastructure;
• Projects associated with Healthcare Operations, including creating or expanding Healthcare Operations, provided that such construction is directly related to the COVID-19 response.
• Affordable housing that is or will be income-restricted, including multi-unit or mixed-use developments containing at least 10% income-restricted units;
• Public works projects if specifically designated as an Essential Governmental Function by the lead governmental agency;
• Shelters and temporary housing, but not including hotels or motels;
• Projects immediately necessary to provide critical non-commercial services to individuals experiencing homelessness, elderly persons, persons who are economically disadvantaged, and persons with special needs;
• Construction necessary to ensure that existing construction sites that must be shut down under this Order are left in a safe and secure manner, but only to the extent necessary to do so; and
• Construction or repair necessary to ensure that residences and buildings containing Essential Businesses are safe, sanitary, or habitable to the extent such construction or repair cannot reasonably be delayed;
• Construction or debris removal activities undertaken pursuant to Chapters 40 and 40A of the County Code, or any other construction and debris removal activities on fire damaged or destroyed properties;

Not long after the execution of the amended order, the County produced a resource document that provides a summary of the changes that were made. The summary document and the amended order are available at the SoCo Emergency website.

https://socoemergency.org/order-of-the-health-officer-shelter-in-place-extended/

The City is currently providing any inspection services needed to support the construction activities allowed under the extension of Order No. C19-03. We recently published a resource document (COVID Inspection Guidelines 4.7.20 – Final_) specific to the delivery of inspection services. The document also explains the process a contractor can go through to have a project reviewed in order to determine eligibility for future inspections. Construction projects that are not exempted from the order are still permitted to perform certain actives needed to shut down the construction site in a fashion that leaves it in a safe and secure state. The vast majority of our current inquiries are associated with this provision. Our guidance document describes how a contractor can obtain formal approval regarding the specific inspections that will be provided under this scenario.

Gabe Osburn | Deputy Director of Development Services

Planning and Economic Development Department | 100 Santa Rosa Ave | Santa Rosa, CA 95404

Tel. (707) 543-3853 | Fax (707) 543-3936| gosburn@srcity.org

Some positive news is surfacing about the Covid-19 Pandemic. According to the following data resource, California will see its peak in hospital resource needs on April 14, 2020. The link is accessed here, you may need to copy and paste to get to the link. http://covid19.healthdata.org/united-states-of-america/california\

The other bit of good news is that it appears that the need for hospital beds, ventilators, and staff will not overwhelm us here in California. In other words, the needs can be met. 

I was able to participate in a telephone conference call with Sonoma County Supervisors David Rabbitt and Lynda Hopkins on Monday. In Sonoma County, the shelter in place and social distancing seems to be working very well and Sonoma County is well below the originally projected number of cases and number of deaths that were being forecast. The Supervisors explained that what is good in flattening the curve, is not as good in economic recovery. As we spread out the pandemic over a longer period of time, we gain positives from not overwhelming our health care system, but negatives in that the virus will be with us longer. I think that is a tradeoff most of us would gladly accept. The Supervisors explained their data shows Sonoma County “peaking” in early to mid-June. The Supervisors believe the “shutdown” in Sonoma County will last through June. There are discussions taking place right now as to how to reopen for business once the virus has hit its apex and is gone. The idea is to reopen “non-to low risk” businesses and events first, with the riskier opened after an additional period of time. So that means our Father’s Day Car Show is in danger of having to be postponed or cancelled. Our Exec Committee will be deciding whether to cancel or postpone the Father’s Day Car Show this Friday.

The other information that has become abundantly clear, is the people making the decisions as to what constitutes an essential service and what does not, are very powerful people these days. For the most part, the decisions that define essential jobs is being determined by public health officials with some assistance from county counsel. We have been very fortunate in that most of our construction projects are considered essential, and unless the municipality itself has shut down (City of Santa Rosa for instance), work continues. This fact can change. Please remind yourselves and your crews when they are working out in the public arena, there are others that see them that may have had to shut down their businesses. We do not want people to give our industry “pushback” about working, so we need to be very good and very visible practitioners of social distancing, wearing masks, and being careful to wipe down surfaces and wash our hands more often than before. To that end, the ECA has collaborated with George Petersen Insurance Agency and Jim Persons to host a free Safety Tip Webinar Wednesday at 10 am (flyer is attached here). We have invited the North Coast Builders Exchange to participate as well, and the safety tips are for both housing construction and general engineering construction workers. I forwarded the news about the Webinar to the five Sonoma County Supervisors and to the heads of PRMD and Transportation and Public Works in Sonoma County. It does not hurt to point out to those in influential positions that ECA members are being very safe and should be allowed to keep working!

I have gotten a question about what expenses an employer needs to reimburse those workers who are working from home. Some good guidance can be seen about that by clicking on this link—

While this shutdown is in place, there has also been lots of “back and forth” on the Measure M sales tax extension that many of us depend on for a large portion of our workload. As the Federal Govt talks about yet another stimulus package that would consists of, or include, an infrastructure rebuild infusion of capital, we have to be mindful that our little area will not get those “big bucks” if we are not a “self-help” area that pays for some of our infrastructure work via self-imposed sales taxes. That is what we do, and it entities us to receive lots of matching funds that otherwise would go elsewhere. We would still have to pay for those Federal funds, we just would not get them if we did not have some sort of Measure M in place. That is why, despite the proposed split of sales taxes not being exactly what we want to see, we (the ECA) need to be willing to accept and support am imperfect tax measure. You can look at the proposed “Go Sonoma Act” that is being considered and voted on Monday, April 13, 2020 by the SCTA Board.  The ECA will submit a “position” letter this Friday to the SCTA Chairwoman Susan Gorin. I have already drafted what I will advise our Exec Council to say, but this Friday the Exec Committee will vote on the final version to go out to Chair Susan Gorin by Friday night at 5 pm. One of the main things we will be recommending (if the Exec agrees with me), is to strongly recommend to Ms. Gorin that they not put this sales tax measure on the ballot in November. People have been too damaged economically and it would seem to be a total “disconnect” that would not be favorable to passing the measure. You can review the 30 pages of the Go Sonoma Act and what it was based upon by clicking on the link here—

So, we recognize that we are all in tough times while we battle this virus. But keep your hopes up, the end is almost within sight and the shelter at home is working very well.

Stay safe people and we hope you join us tomorrow for our webinar.

That’s All Folks!

John

I am trying to not inundate you with information that is readily available elsewhere. In some cases, I will provide links to important and time sensitive articles that our ECA Members might find useful. Needless to say, there is an abundance of news available out there. Let me “segment” the Soapbox so you can pick and choose what is of most interest and importance to you.

Health Orders

1. A County by County and City by City informational page has been created by the Association of General Contractors. I have included it here for your information here
2. Latest Local News article on Sonoma County Health Order here
3. The Actual Health Order of Sonoma County Text and other specific information can be found at this link
4. Bay Area Counties Extend and modify health order- link

Small Business Assistance

2020. Simple forms, quick loans start Friday, April 3, 2020. The official source of info is here–
2021. For Businesses with no employees, a separate program will be out on April 10, 2020. Keep reviewing the SBA website.
2022. Exchange Bank did a Webinar already and the slides are included here 

Local Information and Meeting News

1. Sonoma County Alliance General Membership Meeting 4-1-2020-to watch the meeting, click here–
2. The ECA has a weekly meeting with Supervisor David Rabbitt and several other Executive Directors via ZOOM. As information arises, I will bring it to you in our Newsletters. If you have any questions for Supervisor Rabbitt email them to me at john@nceca.org.
3. Contractors Licensing information regarding Essential Services and Health Order Exemptions – here
4. The Social Distancing and Shelter In Place seems to be helping in the North Bay Area. The rate of spread is being lowered. We are not out of the woods yet, but it seems to be working—FINGERS CROSSED!!

E. From David Rabbitt:

1. How long will it last? We do not know. Modeling is encouraging as we seem to be “flattening the curve”.
2. How fast can we recover? Property taxes still due. That is a State issue to change. Counties have no say in it.
3. Construction Dive is a great source of information, and I have provided a link here. It should be noted that there is general consensus that the 4^thQuarter will be a huge one for the General Engineering Contracting Industry- link

Again-there is a lot more news out there, but most of it is available to all of you and I will not inundate you with the info.

Finally-the ECA is in contact with George Petersen Insurance about setting up a free Webinar dealing with safety protocols for the “new” normal for working safely in a pandemic situation. More to come soon.

That’s All Folks!

John

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Information and resources to help you and your business and your employees get through this emergency.

Personal Protection to avoid the spread of the CoronaVirus: link

“Shelter At Home” orders issued last week by Governor Newsome: link

What exactly are essential services excluded from the Shelter At Home directive?: link

Donating personal protective equipment. If you have additional PPE to donate, here is where to donate: NEW PPEs in their original packages can be donated to the Salvation Army at 93 Stony Point Road, Santa Rosa, Monday – Friday from 9:00 AM – 3:00 PM.

YouTube video from Mark Soiland, Soiland Company Inc., and Tennis Wick, Permit Sonoma on Where to donate masks: link

Attached is a letter with other Chambers and business organizations. It provides the case for immediate economic assistance for our business community and provides recommendations for ways to provide this assistance. Link

Find information about filing for Unemployment Insurance (UI) at: link

You can also access a step-by-step video tutorial: link

While the Job Link offices are currently closed, staff is working by telephone to respond to questions related to EDD and unemployment claims. Please call (707) 565-5550 for more information.

Help For Your Local Business:

Access local small business assistance by visiting: link

You can also call (707) 565-4667 with specific questions about how the Shelter in Place Order affects your business, or (707) 565-8079 with questions about unemployment claims or staff layoffs. Every level of government is working to soften the economic blow to people and businesses. Please bear with us as we sort through the fast-moving changes and build up new communications capacities. We will keep you informed of each development.

Local Businesses That Are Open (you can register your business here as well):

See a list of the GO LOCAL member businesses who are open online, for delivery and take out by visiting: link

To get your business listed as open, here is some help:

Are you on the Business is Open list? – The Press Democrat (and all Sonoma Media Investments [SMI] publications) wants to inform the public about the status of local businesses – who is operating and in what capacity. Inclusion is free and easy. Just answer the questions on this form and you’ll be included.

Updates On Local Corona Virus News:

Use our new “Dashboard” to monitor the local status of Coronavirus (COVID-19) in Sonoma County at: link

Complete list of California’s essential workers: link

Small Business Assistance

Small Business Administration (SBA) – The SBA has programs for Disaster Loan Assistance. Visit their website for the latest information and how it may help your business