For the second consecutive meeting, the San Benito County Board of Supervisors delayed adoption of civil penalties related to California’s COVID-19 guidelines. The board on Aug. 4 voted unanimously to continue the item to the last meeting of the month.
The first draft of the ordinance presented to the board on July 21 included penalties for all aspects of COVID-19 state guidelines such as operating businesses against guidance, public gatherings and face coverings.
The ordinance, which required support from four of the five supervisors to be approved at the July 21 meeting, was sent back to staff as Supervisor Mark Medina said he would not vote in favor unless it only applied to face coverings.
While Supervisor Peter Hernandez has been adamant in his objection to the ordinance, he was joined by Supervisor Jaime De La Cruz who said he would not support it because he wanted to collaborate with San Juan Bautista and Hollister to create three uniform ordinances in order to avoid confusion.
“We have to work together. We have to share information,” De La Cruz said, adding that interpretations will vary if there are three different ordinances.
Assistant County Counsel Joel Ellingwood said the board had previously directed staff to draft the ordinance to include only the unincorporated parts of the county. Supervisor Anthony Botelho said the board had decided on this approach because of the county’s limited enforcement capabilities across all three jurisdictions.
About 15 residents spoke against the ordinance, citing it would further divide the community and that wearing a face mask was an individual choice. Two people who spoke in favor of the ordinance said having people comply with wearing masks in public would help slow the spread of COVID-19.
There were concerns that residents reporting violations would stay anonymous and that there was no due process for people being cited. County Counsel Barbara Thompson explained at the July 21 meeting the citations would only be issued if a code enforcement officer witnessed the violation. Violations would also be subject to appeal through a hearing process.
Proposed citations range from a written warning to $200, depending on the number of repeat violations.
Botelho motioned to continue the item and said he preferred a countywide ordinance. He expressed concern about having the same conversations meeting after meeting and delaying setting an enforcement component to the state’s orders, as it risks losing funds tied to Coronavirus Aid, Relief and Economic Security (CARES) Act.
“If we miss any part of it and give [Gov. Gavin Newsom] any excuse to take it, what’s the ramifications to some of the programs that we put in place?” Botelho said. “I don’t want to miss that.”
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