Attached is the link to the webinar March 26 by CEA (CA Employers Association) that will addressed the new federal Families First Covid-19 Response Act which provides Emergency Paid Sick Leave and Emergency Family Medical Leave, along with employer tax credits:

https://www.employers.org/pages/additional-resources/

Today, March 23^rd, Governor Gavin Newsom held another press conference at 4:35 PM to provide an update on the state’s response to the COVID-19 outbreak.  He spoke for approximately 20 minutes and then opened it up for questions.  The press conference concluded at 5:24 PM.

During the Q&A, Newsom was asked about COVID-19 in jails and prisons.   He noted that strong isolation protocols exist and further that he has spoken with CDCR Secretary Ralph Diaz about the issue.  Newsom also stated that he has no interest in releasing violent criminals.  More specifically, to the extent a release valve in reducing the prison population is needed, Newsom said, "it will be for those nonviolent offenses and we will do it in a very systemic way.”

During the press conference, Newsom stressed how “dynamic” the situation continues to be.  Based on updated modeling, California is looking to significantly increase procurement of assets, particularly beds.  It is estimated that the state will need 50,000 additional hospital beds to meet the surge of patients.  For reference, a few days ago, this figure was 20,000.   Additionally, Newsom said  our health care system needs tens to hundreds of millions of units of personal protective gear –including gloves, masks, and shields.

Newsom also said the State is shutting down parking lots at all state parks/beaches.   The governor said parks officials would also be “significantly increasing” their patrolling of state beaches and noted that authorities “have the capacity to fine if necessary."

Also notable, this afternoon President Trump announced he plans to postpone the October 1^st deadline for Americans to obtain a Real ID card.  More details to follow.

Yesterday, Sunday March 22^nd, Newsom announced that President Trump has approved California’s request for a presidential Major Disaster Declaration to bolster California’s COVID-19 emergency response efforts.  According to the press release, “The Major Disaster Declaration makes federal funding available to state, tribal and local governments for emergency protective measures, including direct federal assistance, and makes funding available for crisis counseling for impacted individuals.”  A copy of the full press release can be found here.

 As of March 22, 2020, at 2 p.m. Pacific Daylight Time, the California Department of Public Health said there are a total of 1,733 positive cases and 27 deaths in California (including one non-California resident).   For more information, please see https://www.cdph.ca.gov/Programs/OPA/Pages/NR20-031.aspx

Also, the https://www.covid19.ca.gov/ website is being updated continuously. 

Thank you,

Naomi Padron

Legislative Advocate

McHugh Koepke & Associates

1121 L Street, Suite 103

Sacramento, CA 95814

(916) 930-1993

www.mchughgr.com

.

Today, March 21^st, Governor Gavin Newsom held another press conference at 5:15 PM to provide an update on the state’s response to the COVID-19 outbreak.  He spoke for approximately 20 minutes and then opened it up for questions.  The issue of how the statewide stay at home order interacts with local orders was raised, and specifically, if the statewide order supersedes the local orders.   Newsom did not offer a definitive response, and instead, he said his team is working to answer that question in real-time.

The press conference concluded at 6:06 PM.

During the press conference, Newsom noted an increase in masks, gowns,  gloves, and other supplies statewide.  These resources are coming from the Strategic National Stockpile as well as private sources.   In this vein, he thanked manufacturers and a handful of companies for stepping up to “meet this moment” and offering their assistance to address the crisis.  California is also getting 2,000 beds from the Federal Government in field medical units.  Based on his remarks, it is clear that the state continues to prioritize the most vulnerable residents, including the homeless population.  As of today, 2,400 hotel rooms have been secured for the homeless, with 7 counties having secured beds. 

Additionally, Newsom noted that daily unemployment claims now over 100,000 – with 114,000 yesterday.  He also called for “targeted” COVID-19 testing so we can get a better understanding of what the spread is and if migration efforts are working/bending the curve.  In terms of enforcement, the Governor again noted social pressure rather than licensing penalties or fines.  Towards the end of his comments, Newsom made mention of the corrections system.   Specifically, he said the state is working aggressively to make sure people – both inmates and employees— are protected. 

Also, the https://www.covid19.ca.gov/ website continues to be updated continuously.  The site now contains an FAQ  page as well as a list of Essential Critical Infrastructure works.

Earlier today, Newsom directed more than $42 million in emergency funding to expand California’s health care infrastructure and secure equipment and services to support California’s response to COVID-19.  A copy of the news release can be found here.

Yesterday, March 20^th, Newsom issued an executive order to permit vote-by-mail procedures to be used in three upcoming special elections.  The order further extends the deadlines for ballot counting, tabulation, and other responsibilities related to the official canvass of California’s Presidential Primary Election.   A copy of the executive order can be found here.

Also on Friday  Newsom announced the deployment of California National Guard members to assist food banks statewide with the goal of providing short-term food security to isolated and vulnerable Californians.   A copy of the news release can be found here.

 As of March 20, 2020, at 2 p.m. Pacific Daylight Time, the California Department of Public Health said there are a total of 1,224 positive cases and 23 deaths in California (including one non-California resident).   For more information, please see https://www.cdph.ca.gov/Programs/OPA/Pages/NR20-029.aspx.

Thank you,

Naomi Padron

Legislative Advocate

McHugh Koepke & Associates

1121 L Street, Suite 103

Sacramento, CA 95814

(916) 930-1993

www.mchughgr.com

_______________

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FOR IMMEDIATE RELEASE: Contact: Governor's Press Office Saturday, March 21, 2020 (916) 445-4571 Governor Newsom Issues Executive Order to Fight the COVID-19 Surge Order expands capacity to combat COVID-19 in health care facilities   SACRAMENTO – Governor Gavin Newsom today issued an executive order that expands the state’s response to the COVID-19 outbreak. The order gives the state the ability to increase the health care capacity in clinics, mobile health care units and adult day health care facilities. It also allows local governments more flexibility to utilize the skills of retired employees and reinforces the importance of the delivery of food, medicine and emergency supplies.   “The State of California is fighting hard to get the resources that Californians need to meet the COVID-19 surge. These emergency legal tools will increase California's health care capacity and help facilities treat more patients,” said Governor Newsom.   A copy of the Governor’s executive order can be found here and the text of the order can also be found here.   ###

Governor Gavin Newsom State Capitol Building Sacramento, CA 95814

Description: Stay at home except for essential needs (link)

See the list of: Essential Critical Infrastructure Workers (pdf). (link)

Q: How does this order interact with local orders to shelter in place? Does it supersede them?

A: The CA Shelter-in- Place is is a statewide order. Depending on the conditions in their area, local officials may enforce stricter public health orders, but they may not loosen the state’s order.

List of Local County Ordinances: Local County DPH (Dept Public Health) Ordinances

SSA held a second webinar on issues surrounding Coronavirus:

Monday, March 23, 2020  on Operational Best Practices in the Age of COVID-19 with Carol Mixon, SkilCheck Services and Joe Doherty, Self Storage Association Link to listen to the recording:  https://www.selfstorage.org/Products-Services/Public-Library

The State order is broad and advisory and defers to each of the individual municipalities to determine the definition of essential businesses. However, basically self storage is considered essential business during Shelter-In-Place order: 

https://www.cisa.gov/commercial-facilities-sector

For list of essential businesses:

https://www.cisa.gov/critical-infrastructure-sectors

However, we do recommend you be aware of what your county ordinance says. 

Today, March 19^th, Governor Gavin Newsom held another press conference at  6:30 PM to “make a major announcement on the state’s response to the COVID-19 outbreak.”   He announced a statewide Executive Order for people to stay at home . The directive goes into effect this evening.  It was mentioned that 21.3 million Californians are currently already living under similar shelter at home guidance.  A copy of the Executive Order can be found here.   

Notably, the Executive Order references the  guidance issued earlier today by Cybersecurity and Infrastructure Security Agency (CISA) within the U.S. Department of Homeland Security with an initial list of “Essential Critical Infrastructure Workers.”  A copy of that memorandum can be found here.  In addition, the Order states  the Governor in consultation with CAL OES, may designate additional sectors as critical. 

In speaking about enforcement of this order, Newsom noted a social contract and social pressure to help Californians “meet the moment” to protect themselves, their families, and the broader community.  Newsom said that the state is looking at a hospitalization rate of 20 percent for acute care, which amounts to 19,543 people that would need to be hospitalized above the existing capacity of California’s system.

Tonight, Newsom spoke for roughly 25 minutes and then like previous nights opened it up for Q&A.  When asked about how long the Order will be in effect, Newsom said it is “open ended” and did not offer a definitive deadline. 

Additionally, earlier this afternoon, Newsom sent a letter to Senate Majority Leader Mitch McConnell, Senate Democratic Leader Chuck Schumer, Speaker of the House Nancy Pelosi and House Republican Leader Kevin McCarthy requesting additional federal assistance to supplement California’s efforts to prepare for a COVID-19 surge.  A copy of the letter can be found here.

As suggested at yesterday’s press conference, Newsom also sent a letter to President Donald Trump requesting the immediate deployment of the USNS Mercy Hospital Ship to the Port of Los Angeles through September 1, 2020, to help decompress the state’s health care delivery system in Los Angeles in response to COVID-19.   A copy of the Governor’s letter can be found here.  In this letter, it projects  that roughly 56 percent of the state’s population or 25.5 million people will be infected with the virus over an eight week period.   However, a spokesperson for Newsom clarified to POLITCO that the dramatic figure does not account for the types of aggressive "mitigation efforts" that jurisdictions around California have adopted.

Also,  Attorney General Xavier Becerra joined a coalition of 18 attorneys general calling on Acting Deputy Secretary of the Department of Homeland Security Ken Cuccinelli to halt implementation of its “Public Charge” Rule while the COVID-19 outbreak and response are ongoing.  A copy of the letter can be found here.

The Franchise Tax Board (FTB) extended the filing and payment deadline for all California taxpayers until July 15, 2020, due to COVID-19.   A copy of the press release can be found here.

As of 6 p.m. Pacific Daylight Time on March 18^th, the California Department of Public Health announced the most recent statistics on COVID-19.  California now has 675 confirmed cases.  For more information, please see https://www.cdph.ca.gov/Programs/OPA/Pages/NR20-027.aspx.

Naomi Padron

Legislative Advocate

McHugh Koepke & Associates

1121 L Street, Suite 103

Sacramento, CA 95814

(916) 930-1993

www.mchughgr.com

3/19/20

The shelter-in-place order allows businesses to have employees perform “Minimum Basic Operations.” That is defined as “the minimum necessary activities to maintain the value of the business's inventory, ensure security, process payroll and employee benefits, or for related functions.” Your business should not be at risk if the employee’s duties remain within the definition.

Joe Doherty - SSA 

____________________

Federal, State & Local Orders to Close or Reduce Operations

As many SSA members have likely seen in the news, several states and local governments have imposed restrictions on business operations in an effort to combat the further spread of coronavirus (Covid 19). As discussed in greater detail below, some of these directives may apply to self storage. However, the vast majority are currently directed at bars, restaurants, casinos, gyms, and movie theaters. Many state and local governments have encouraged or urged other businesses to voluntarily cease operations, but they do not legally require those businesses to do so. 

Although self storage operators may not be required to close entirely, you will need to be aware of state and local limits, as well as CDC guidance, on the size of gatherings and recommended social distancing. Given the nature of the self storage business, these limits do not affect many of the day-to-day activities of self storage operators. However, the limits may affect grand openings and other community events hosted at your facility as well as in-person lien sales.

As of March 18, SSA is aware of orders from several communities in the San Francisco Bay Area and northern New Jersey that may obligate you to close your business or scale back its operations until further notice. Additional details are below. Other local governments may impose additional restrictions on your business operations. However, these restrictions are challenging to track on a national level given the sheer number of local governments. We encourage you to follow your local news and Chamber of Commerce websites for local information.

Overall, the SSA recommends the following steps to determine what business activities are permissible during the pandemic. First, operators should start with any federal directives (currently there are none), then review Executive Orders from the Governor of the state(s) that they operate within. Finally, an operator should review any directives from local officials that may impose additional restrictions upon their business.

Again, given how fluid the situation is, it is sensible to review these documents every few days to ensure operations are still consistent with all current orders and directives. Consultation with your local legal counsel during this process is strongly advised.

Below is a list of most of the Executive Orders from Governors, as well as some local directives, that have been issued as of March 18, 2020.

California:

• Governor issued an order for bars, restaurants, and other social businesses to close.
• March 11 California Department of Public Health policy limits gatherings to no more than 250 people.
• Check back here for additional updates. 
• San Francisco, Santa Clara, San Mateo, Marin, Contra Costa, Sonoma, Monterey, Santa Cruz, Yolo, and Alameda counties have also issued shelter in place mandates.
• Operators must review those orders in the context of whether storage operations in those jurisdictions must cease. There may be a reasonable argument that those storage businesses may remain open. The order from San Mateo for example states “All businesses except Essential Businesses are required to cease all activities at facilities located within the County except Minimum Basic Operations. It does define essential businesses further and the following could potentially be used to make an argument to be considered an essential business: First, Businesses that supply products needed for people to work from home or Second, Businesses that supply other essential businesses with the support or supplies necessary to operate. Even if an operator believes they are not “essential,” there is another carve out for “minimum basic operations.” The San Mateo order states, “Minimum Basic Operations” include the following: The minimum necessary activities to maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, or for related functions.” As such, an operator could take the position that having one or two employees onsite is necessary to maintain minimum basic operations at the facility.
• However, this language is specific to the San Mateo shelter in place order. All operators in California must carefully review the shelter in place directives and make an independent judgement as to its application to their business.

Daniel Bryant - SSA 

____________________

Here is what the CDC and CDPH say about Shelter-In-Place:

https://www.cdph.ca.gov/Programs/EPO/Pages/BP_Individuals-and-Families_When-and-How-to-Shelter-in-Place.aspx

Check with the CDPH (CA Dept of Public Health) www.cdph.ca.gov - 916.558.1784 with specific questions.

To access the recording of the SSA Legal Hour webinar on coronavirus issues that was held yesterday, use this link:

https://www.selfstorage.org/About-SSA/SSA-News/ArticleID/210/SSA-WEBINAR-SERIES

Passcode: SSASpring2020

CEA (CA Employers Association) has released a recording of their webinar held today on Coronavirus and the Workplace. Here is the link to the recording:   

https://attendee.gotowebinar.com/recording/17574999527404812

Please email ceainfo@employers.org for any additional questions on the topic.