City of San Juan Bautista
The “City of History”
www.san-juan-bautista.ca.us
AGENDA
REGULAR CITY COUNCIL MEETING
TUESDAY ~ JANUARY 18, 2022 ~ 6:00 P.M.
~ PUBLIC PARTICIPATION BY ZOOM ONLY ~
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When the Mayor announces public comment is open for the item which you wish to speak, press *9 on your telephone keypad or if joining by Zoom, use the raise your hand icon. When called to speak, please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for all other speakers for the particular agenda item. Comments from other platforms will not be considered during the meeting. If you would like to participate during the meeting you MUST use Zoom.
If you are unable to join the meeting, written comments may be mailed to the Deputy City Clerk at City Hall (P.O.
Box 1420, San Juan Bautista, CA 95045), or emailed to [email protected] not later than 5:00 p.m. on January 18, 2022, and will be read into the record during public comment on the item.
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code §54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
Materials related to all items on this agenda are available in the agenda packet on the City website www.sanjuan-bautista.ca.us subject to Staff’s ability to post the documents before the meeting, or by emailing [email protected] or calling the Deputy Clerk (831) 623-4661 during normal business hours.
THIS MEETING WILL BE CONDUCTED PURSUANT TO GOVT. CODE §54953(e)(1)(A).
In order to minimize the spread of the COVID 19 virus the City Council is conducting this meeting by Zoom webinar and will be offering alternative options for public participation. You are encouraged to watch the meeting live on Zoom or Facebook.
In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the Deputy City Clerk a minimum of 48 hours prior to the meeting at (831) 623-4661.
City Council Meeting
January 18, 2022
1. Call to Order
Pledge of Allegiance
Roll Call
2. Ceremonial Items
A. Appoint Mayor
B. Appoint Vice Mayor
3. Public Comment
This portion of the meeting is reserved for persons desiring to address the Council on matters not on this agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances.
If Council action is requested, the Council may place the matter on a future agenda.
4. Consent Items
All matters listed under the Consent Agenda may be enacted by one motion authorizing actions indicated for those items so designated. There will be no separate discussion of these items unless requested by a member of the City Council, a staff member, or a citizen.
A. Approve Affidavit of Posting the Agenda
B. Adopt the Minutes of November 16, 2021
C. Adopt a Resolution of the City Council of the City of San Juan Bautista Proclaiming and Reaffirming the Existence of a Local Emergency in the City D. Adopt a Resolution of the City Council of the City of San Juan Bautista Authorizing Street Closures in the City of San Juan Bautista E. Waive Reading of Ordinances and Resolutions on the Agenda Beyond Title
5. Presentations, Proclamations, Informational Items and Reports A. Drought Response and Water Conservation Presentation by Shawn Novak, Water Resources Association
B. Treasurer’s Report and Monthly Financial Statements by City Treasurer Michelle Sabathia
C. City Manager’s Report
D. Reports from City Council Representatives to Regional Organizations and Committees
6. Action Items
A. Adopt A Resolution of the City Council of the City of San Juan Bautista Amending the Budget
B. Adopt a Resolution of the City Council of the City of San Juan Bautista Authorizing the City Manager to Approve a Contract with Granicus to Provide Short Term Rental Host Compliance Services
7. Discussion
A. COVID Employee Prevention Plan
B. Formation of a Standing Committee on Homelessness with the Office of Education, City of Hollister and San Benito County
C. COVID-19 Update
D. Water and Wastewater Update
8. Future Agenda Items
9. Comments
A. City Council
B. City Manager
C. City Attorney
10. Adjournment
Click on item below to jump to that item's first page (if available). For example, clicking on item 4a will jump to page 3. Click on blue circle on the lower right of page to return to this page.
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Item #6A
City Council Meeting
January 18, 2022
1 REVISED 01.25.2022
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL REPORT
AGENDA TITLE: MID-YEAR BUDGET ADJUSTMENTS
MEETING DATE: JANUARY 18, 2022
DEPARTMENT HEAD: DON REYNOLDS, CITY MANAGER
RECOMMENDED ACTION:
It is recommended that the City Council adopt the attached resolution making certain amendments to the Fiscal Year 2021/22 Operations Budget and Capital Improvement Budget and Budget the use of American Rescue Plan Funds received this Fiscal Year in the amount of $250,000.
BACKGROUND INFORMATION:
The City's budget "cadence" is in full swing this year, for the second year in a row following the confusion caused by the COVID-19 State of Emergency during FY 2019/20. The City has closed its books for FY 20/21 last summer and completed its Audit for FY 2020/21 on December 21, 2021. The Audit confirmed that the City's FY 2020/21 Budget was conservative. In general, the fund balances are stronger than anticipated when the Budget for FY 2021/22 was considered in the Spring of 2021.
The2021/20 Mid-Year budget approved the new Assistant City Manager/Community Development Director position. This increase in staffing has greatly balanced and improved the City's organizational capacities. The FY 2021/22 budget has three bold objectives, two of which are staffed by the new Assistant City Manager. An allocation of $100,000 each was set aside to serve each of these three objectives:
1. Public Safety Initiative (assigned to the City Manager)
2. General Plan Amendment- correcting the current Sphere of Influence and Urban Growth Boundary to limit growth to less than 2% a year; (assigned to the ACM)
3. Third Street Master Planning (assigned to the ACM).
Public Safety Initiative
The City established a Public Safety Ad-Hoc Committee in July and August 2021, and its first meeting was on August 16, 2021. It includes Mayor Jordan, Councilmember Freels, Commissioners Delgado, Medeiros, and the Community At-Large member Rachel Ponce. The O
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2 Mayor is the Chair, and Rachel Ponce is the Vice-Chair. After five meetings, the Committee has been working hard to review the relationship between various contract services (Police, Fire, Private Security) and City staff. It recommended that the Sherriff recruit a dedicated officer for the City, the City Council approved the position, and the Sherriff is filling the position now. At its last meeting, the Committee received a report from the City Manager and Police Chief of King City that implemented a successful camera system in its city over the past three years. The camera system has been very effective for King City, and staff is looking into proposals for a system like theirs in San Juan Bautista. In the next three meetings, the Committee hopes to have a specific recommendation formed for the use of the Initiative Budget.
General Plan Amendment-Urban Growth Boundary
The City is currently developing its infrastructure master plans using an amended growth projection of 1.9%. AMBAG, in 2020, projected the City's annual growth at 1%. The current General Plan has it at 3% (49 homes per year- way too high). The Urban Growth Committee met five times in the fall of 2020 and twice recently in 2021. In 2021, EJ Sabathia joined Commissioners Lopez and Delgado, Councilmember Edge, Mayor Jordan, and Councilmember Freels. After just two meetings, they came to an agreement on a revised sphere of influence. This sphere of influence will go before the Commission and City Council for consideration early this Spring. Once reviewed by the Planning Commission and accepted by the City Council, the proposed Sphere of Influence will be presented to the County for agreement. The LAFCO process can be initiated. Adding a CEQA review or amending the General Plan's EIR will bring the cost close to the estimated $100,000 budget.
Third Street Master Plan
One of the Assistant City Manager's first duties was to take on the Downtown Business Forum, and the future of Parklets. The Parklet Sub-Committee met several times last fall, and recently the HRB, Planning Commission and City Council adopted Parklet Design Guidelines. Business Forum members suggested a more action-oriented approach and communication with the City Council on economic development concerns. On November 16, 2021, the City Council adopted Resolution 2021-65 and established the City of San Juan Bautista Economic Development Citizens Advisory Committee (EDCAC). On December 21, 2021, the City Council appointed 11 members to the EDCAC, and their first meeting was Wednesday January 12th. The Business Forum continues as a viable vehicle for information sharing among the business community.
This background lays the foundation for the Third Street Master Plan. A "Main Street" Master Plan requires engaged and committed stakeholders, and the EDCAC is intended to provide this. These "champions" of Third Street will drive a complete re-design of this historic economic development engine. The importance of the need for a Master Plan has proven-out in the consideration of reopening Third Street to special events, expanding them to the side streets and the Alameda/Soccer Field parking area. To that end, the City retained a traffic engineer to evaluate the impacts and safety concerns (if any) when the City closed the two-lane street to a one-way street. It is assumed O
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3 that a design consultant will be retained and use most if not all of the $100,000 allocation, to include a robust engagement strategy, urban design experts, the civil engineering needed to implement safety pre-cautions, modern best practices for storm water management and relocating infrastructure.
Eventually, the City will consider an "Economic Development Element" for its General Plan.
Acting much like the former "Strategic Planning Committee," the EDCAC's work will also require engaged, committed citizens, property-owners, business owners, educators and artists.
Capital Improvement Plan ("CIP") Status
The CIP has 7 categories; streets, utilities, parks, community facilities, equipment, studies and special initiatives (the three described above). CIPs are subject to community supported needs and design, final building plans, competitive bidding, award of contract, and acquisition/construction.
They often expand past the fiscal year, and accounting for them in multiple years sets them apart from the Operations Budget. This why some grant projects and special studies are accounted for in the CIP because they can also expand across fiscal years. They are the "exception" to the "brick and mortar" projects.
In FY 20/21, the City CIP Budget appropriated approximately $4.9 million for 42 projects. The status of the CIP at the end of FY 20/21 can be summarized as follows:
1. Completed 14 projects, spending most of the $1.7 million on the Third Street ReConstruction project, Water and Wastewater Master Plans, and a new sewer line to support the Iron and Manganese Treatment Plant at Well 6.
2. Initiated 14 new CIPs – Including the design of the Force Main to Hollister, 4 park related projects, and 3 planning grant studies. ($2.7 million)
3. Did not initiate 14 projects ($.5 million)
During the first 6-months of the Fiscal Year, the Capital Improvement Plan ("CIP") has been focused on completing the work begun in prior years (#2 above). All 4 park improvement projects are moving forward this Fiscal Year, including Franklin Park, Verutti Park restrooms, completing the Luck Park Master Plan, and initiating the grant funded Trail Plan (Active Transportation Plan).
Utility Projects underway include the transfer switches installed at Wells 1 and 5, and the Dias Lift Station upgrades with new pumps and control panel. All of the 5 studies identified are now moving forward or have been completed including the Sewer Rate Study completed in December.
Staff was asked the status of the Waste Water Treatment Plant (“WWTP”). On Friday Karl Bjarke and the City Manager met with the Pant Operator, to learn about the current status of permit violations. It was recommended that the system be upgraded to reduce the load being handled by the disinfectant system. Staff will provide detailed review of the status of the WTTP under O
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4 “Discussion” in this Agenda. Staff recommends that a new CIP be added to the Budget Resolution in the amount of $33,000 from the Wastewater Enterprise Fund to upgrade the Wastewater Treatment Plant aeration and filtration system. These repairs and upgrades will reduce the number of violations anticipated at the WTTP in the next year (Exhibit C in the Resolution).
One of the largest and most important street improvements now underway is the Round-About at Rancho Vista. This is not City funded and not on the CIP, but continues to be a focus for our City Engineer. It is estimated to be completed this fall.
Grant Status
Since Fiscal Year 20/21, the City has been awarded 10 grants; 5 from State and 5 from Federal resources. The Federal grants all relate to the COVID-19 relief funds. State grants are related to housing and community development, transportation planning, and parks.
Within the CIP, is $243,450 awarded in FY 20/21 from three State Housing and Community Development Grants (HCD). The Local Area Planning Grant ("LEAP") award of $60,000 has been used primarily for the Accessory Dwelling Unit (or "ADU") work completed last fall. The balance is being used now to evaluate the City's inclusionary housing ordinance. The SB2 Grant award of $160,000 is being re-invented based on recent work by the Urban Growth Boundary Committee.
A new scope of work and agreement will be coming forward to the Council to consider a revised "specific plan area" that indues the industrial corridor on San Juan Hollister Road. The Regional Federal Grants
CARES ACT $ 50,000
CDBG CARES ACT CV-1 $ 63,558
CDBG CARES ACT CV-2 and 3 $ 231,284
CARES Act Arreage $ 54,342
ARP American Rescue Plan $ 503,322
State Grants
HCD LEAP $ 60,000
HCD REAP $ 23,450
HCD SB2 $ 160,000
CAL-Trans ATP $ 188,000
Prop 68 Parks Per-Capita prgm $ 177,000
TOTAL for FY 20/21 and half of FY 21/22 $ 1,510,956
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5 Action Planning Grant or "REAP" award is only $23,450, and it will be used to pay for staff-time committed to implementing the SB2 grant.
Also awarded in FY 2021, is the $188,000 Cal Trans Grant (plus a $25,000 General Fund match requirement) to develop the City's plan for a "Trail System," (CIP 21-02). This is also known as the "Active Transportation Plan." A Plan which connects through bike or pedestrian paths, all of the City's assets for recreation and cultural uses (and beyond to include regional bike and trail plans). The non-profit Local Government Commission ("LGC") has been retained for this robust community engagement exercise, and before the holidays, working with staff hired an excellent consultant to do the work. This community engagement and planning project will begin by the end of February.
The City also received in FY 20/21, $50,000 from the original federal CARES Act. These funds went toward reimbursing the City for its work with the Disaster Services Worker-Community Liaison position, that helped local businesses during the first 12-months of COVID. Since then, the City was awarded another $63,558 in CARES ACT CV-1 funds, and $231,284 in CARES ACT CV2+3 funds. These funds allocated through the Community Development Block Grant ("CDBG") have been combined into regional programs through two Memorandum of Understandings (MOU's) to help all County residents struggling to pay their utilities, and help to pay for the regional Hollister homeless shelter services and repairs.
Since awarding the grant writing contract to California Consulting in August 2021, the City has applied for and been awarded $231,242 from three new grants. Two of these grants total $177,000, are from Proposition 68, and are allocated for Franklin and Verutti Parks. The third grant awarded is for $54,341.81, and it is from a CARES ACT/COVID awarded to the State Water Board to be used to pay for funds lost during COVID for unpaid water bills. Most of these "losses" tie back to one business in the hospitality industry, and approximately 20-residential accounts.
Attachment 3 is a list of grants assigned to California Consulting. Three very important applications are the United States Department of Agriculture (“USDA”), Community Development Block Grant (“CDBG”), and State Revolving Loan Fund (“SRF”) applications.
USDA and CDBG will help fund $6 million of the sewer force main to Hollister. The USDA and SRF programs will provide very low interest loans for both the Sewer Force Main and the import of drinking water from the West Hills Treatment Plant. Additional grants are being explored for parks and trails, economic development, electric charging stations, Third Street Master Plan, and eventually affordable housing and housing rehabilitation.
American Rescue Plan (ARP) Status
On August 17, 2021, the City Council discussed potential uses for the American Rescue Plan funds estimated to be $503,332. The Federal "Final Rule" regulating how the funds can be used had not been published yet, but staff's report provided a general framework for the Council to consider.
Staff listed 5-priorities:
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6 1. City's full fiscal recovery;
2. Partnering with Public Health or Community Foundation to help families adversely impacted by COVID-19;
3. Leveraging funds for regional benefits (Broadband);
4. Capital Improvements for youth and teens; and
5. Capital improvements to expand senior programs.
An in-depth discussion followed, resulting in a general consensus around three focused areas:
fiscal recovery, teen programs and senior programs. As the sales tax revenue is stronger than anticipated, fiscal recovery was not going to require all of the funds, there is room to consider programs for teens and seniors. The focus for teens was out-door recreation with a primary emphasis on basket-ball. The focus for seniors was developing a senior center, or at least improving the Community Hall acoustics to provide senior services in this building.
Half of the anticipated $500,000 "ARP" funds were intended to be received prior to the end of Fiscal Year 20/21, but instead $251,661 arrived July 13th. These funds remain available for allocation and use. The second half is expected by the end of this Fiscal Year and will be added in the FY 22/23 budget.
DISCUSSION:
Operational Budget
General Fund Revenues are trending higher than expected. Expenses are 13% below budget. By Year's end without changing anything, the City could be adding as much as $308,000 to its General Fund Reserve. The current unallocated balance is at $2.6 million. This is considered the "GF Reserve." The 2015 Reserve Policy only suggests 20 percent of the operating expense be held in reserve. Expenses budgeted for the General Fund equal $1.8 Million. The City's current "Reserve" is currently at 1.5 years of expenses, assuming the General Fund holds tight on expenses. Staff only suggests a few operational adjustments to the General Fund budget and a reduction in contracts for planning of $100,000. This savings is the result of hiring a full-time planner. Because proposed reductions exceed increases, the next impact is a positive balance adding an estimated $82,500 to the General Fund Reserve.
Staff only suggests a few operational adjustments to the General Fund budget and a reduction in contracts for planning of $100,000. This savings is the result of hiring a full-time planner. Because proposed reductions exceed increases, the next impact is a positive balance adding an estimated $82,500 to the General Fund Reserve.
The enterprise funds are also experiencing a surplus, but the operational cost at the Water Operations need an increase of $18,600. This is because the new Treatment Plant at Well 6 is online for the whole fiscal year, and the new Microvi (nitrate) system was added to the water operations. This added cost is more than off-set by an increase in revenue that will result in a O
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7 $100,000 surplusin this enterprise fund by year-end. The Wastewater fund will see smaller growth, but it is estimated to be under budget by June 30, 2022.
CIP Budget
A few funding adjustments are needed for the CIP. When Franklin Park and Verutti Park came to the City Council for the contract award, budget adjustments were approved to help fund the increased cost estimates. Much of these costs come from a Proposition 68 State Parks Grant, ($100,000 Prop. 68 for Franklin Park, and $77,000 for Verutti Park) and after the fact, the State increased the Grant by $952 dollars reducing the General Fund contribution by that same amount.
Staff is requesting the water and wastewater enterprise funds support an additional $30,000 for the preparation of a rate study, that will be needed to pay for the capital improvements to import drinking water from the West Hills Water Treatment Plant.
The City will work towards implementing its street improvements this spring. One bid package will be written address the seven streets identified in the original CIP. Hopefully bid-award can be approved this spring and the work completed before next fall.
Three FY 20/21 projects in the CIP have been initiated. The Library Heating and Airconditioning system was installed last fall, by a local vendor spending only $10,000 of the $20,000 budget. The second project still underway is the City Council Chamber upgrades. An RFP was prepared and sent out soliciting bids in December, that are due February 5. At least two qualified vendors have replied. The acoustical improvements for the Community Hall have been re-restarted. The City is working on a new proposal for acoustics from a national retail firm that specializes in these solutions. The original plans and October 2017 study are being reviewed and a new recommendation is expected this month. These specifications will be bid in March.
ARP/CIP
The City needs to budget its ARP Funds for last fiscal year in the amount of $250,000 this fiscal year. Attachment 2 is a summary of the "Final Rule" for ARP funds, published just last week. "ARP" specifically targeted for state and local government is now referred to as the "Coronavirus State and Local Fiscal Recovery Funds (CSLFRF).
A new very attractive option is now available for the use of these funds. It adds great clarity, flexibility, and ease of use. The first option described in the “Final Rule” allows the application of a "standard revenue loss" amount of $10 million when using CSLFRF to replace lost revenue. This option allows the City to place these funds directly into their General Fund, to replace as much as $10,000,000 in lost sales tax, transit-oriented tax, rental revenue and other sources of General Fund monies, without too much red-tape and stream-line reporting. This amount greatly exceeds the City’s actual lost revenues. This would turn the CSLFRF of $503,000 into "General Fund" revenues, gives the City Council great flexibility when allocating these funds.
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8 One small use of funds for the City Council to consider is support for local businesses. The last two grant programs administered under the CARES Act, released approximately $22,000 each to about 14 different businesses. Businesses had to be open for a year before COVID hit the economy.
It left new businesses at a loss for help. By re-allocating funds for a new grant program at a total allocation of $25,000 for existing businesses, and $20,000 for business that have opened since March 17, 2019, the City really helped the whole economy as we face a fourth spike in pandemic outbreak.
The City has been requested to join a new regional standing committee in collaboration with the County and City of Hollister on homelessness. In the long-term (2-5 years) the City's participation can help leverage grant funds for the whole region. But until that time, any fiscal contribution would have to come from the General Fund. If the City Council wants to consider contributing this fiscal year to a "Homeless Coordinator" position to help outreach in San Juan Bautista, and write grants to support the work, maybe a small contribution from CSLFRF could be considered "seed money."
The City is buying 200-self test kits for COVID Testing consistent with the COVID Prevention Plan in a sperate report on this Agenda. These test kits should last the City 6-months until the end of the fiscal year and will cost approximately $5,000.
For the mid-year budget, staff is seeking a CIP allocation for the balance of $175,000 for improvements (design, purchase, install etc.) that will come from a proposed new joint-use agreement with the Aromas San Juan Bautista Unified School District. This conversation began last fall as a conversation about how to best fence the buildings to allow public access to basketball. But after discussing the plans for San Juan School with Superintendent Huntoon and community leader Theresa Lavagnino, we are also wrapping into the CIP a possible contribution for the new track and field, and access/fencing for the newly constructed children's playground.
This "lump-sum" will be further defined as progress is made. Additional conversation about the track, its funding and schedule have yet to occur. Improving the parking lot at the soccer field has also been attractive idea because it could double capacity if done efficiently.
Last week, the Superintendent and City Manager agreed to this schedule:
January 31, 2022 Define conceptual options for amenities and locations February 28, 2022 Proposals solicited
March 7, 2022 ASJUSD Facility Committee
April 19-20 ASJUSD Board & City Council
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9 Exhibit C of the Resolution
Perhaps the second round (FY 2021/22) of ARP funds could be considered if the project requires additional funding.
The second ARP priority from last August's discussion, helping seniors with a better facility for senior services, has already begun. The Community Hall acoustic repair project is underway with $50,000 budgeted. If acoustical repairs exceed that amount, then the Second Phase of CSLFRF can be considered to support this project so it can be completed.
Budget Calendar
The new budget calendar has begun. In February and March, the City will review its Strategic Plan, now entering its third year. The draft budget will be presented in May, with hearings in May and June. As projected, the Budget will be adopted the second week of June, 2022.
FISCAL IMPACT:
This report requests that the Operational Budgets be amended by reducing expenditure $69,000, and increasing the Capital Improvement Budget by $975. It seeks an appropriation of $251,000 of CSLFRF (ARP) to kick-start teen access to school recreational resources on campus when school is closed. It references future grant opportunities and future CSLFRF appropriations for next Fiscal Year.
ATTACHMENTS:
1. Mid-Year Budget Resolution
2. California Consulting Grant “Work-to-Date”
3. Coronavirus State and Local Fiscal Recovery Act Final Rule Summary ARP Funds FY 21/22
COVID Tests $ 5,000
Business Grants $ 25,000
New start-up Businesses $ 20,000
Homeless programs $ 25,000
School/Facility Joint Use Program $ 175,000
$ 250,000
ARP Funds FY 22/23
TBD
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Attachment 4
City of San Juan Bautista
COVID-19
Prevention Program
Revised 01/10/2022
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PURPOSE:
The purpose of the City of San Juan Bautista’s (“City”) COVID-19 Prevention Program (“CPP”) is control exposures to the SARS-CoV-2 virus that may occur at City worksites.
AUTHORITY AND RESPONSIBILITY
This CPP applies to all employees except for employees who do not have contact with other persons, employees who are teleworking, or who are covered under an Aerosol Transmissible Disease (ATD) program.
The San Juan Bautista City Manager has overall authority and responsibility for implementing the provisions of this CPP. In addition, all managers and supervisors are responsible for implementing and maintaining the CPP in their assigned work areas and for ensuring employees receive answers to questions about the program in a language they understand.
All employees are responsible for using safe work practices, following all directives, policies and procedures, and assisting in maintaining a safe work environment.
DEFINITIONS:
For the purposes of the CPP, the following definitions shall apply:
“Close Contact” Being within six feet of a COVID-19 case for a cumulative total of 15 minutes or greater in any 24-hour period within or overlapping with the “high-risk exposure period” defined by this section. This definition applies regardless of the use of face coverings.
Exception: Employees have not had a close contact if they wore a respirator required by employer and used in compliance with section 5144, whenever they were within six feet of the COVID-19 case during the high-risk period. “COVID-19” means coronavirus disease, an infectious disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). “COVID-19 case” A person who: (1) Has a positive “COVID-19 test” as defined in Section 3205 (2) Has a positive COVID-19 diagnosis from a licensed health care provider; or (3) Is subject to COVID-19-related order to isolate issued by a local or state health official; or (4) Has died due to COVID-19, in determination of a local health department or per inclusion in the COVID-19 statistics of a county. “COVID-19 hazard” Exposure to potentially infectious material that may contain SARS-CoV-2, the virus that causes COVID-19. Potentially infectious materials include airborne droplets, small particle aerosols, and airborne droplet nuclei, which most commonly result from a person or persons exhaling, talking or vocalizing, coughing or sneezing, or from procedures performed on a person that may aerosolize saliva or respiratory tract fluids. This also includes objects or surfaces that may be contaminated with SARS-CoV-2.
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“COVID-19 symptoms” means one of the following: (1) fever of 100.4 degrees Fahrenheit or higher or chills; (2) cough; (3) shortness of breath or difficulty breathing; (4) fatigue; (5) muscle or body aches; (6) headache; (7) new loss of taste or smell; (8) sore throat; (9) congestion or runny nose; (10) nausea or vomiting; or (11) diarrhea, unless a licensed health care professional determines the person’s symptoms were caused by a known condition other than COVID-19. “COVID-19 test” means a viral test for SARS-CoV-2 that is both: (1) Approved by the United States Food and Drug Administration (FDA) or has an Emergency Use Authorization from the FDA to diagnose current infection with the SARSCoV-2 virus; (2) Administered in accordance with the FDA approval or the FDA Emergency Use Authorization as applicable; and (3) not both self-administered and self-read unless observed by the employer or an authorized telehealth proctor.
“Exposed Group” All employees at a work location, working area, or a common area at work, where an employee was present at any time during the high-risk exposure period. A common area at work includes bathrooms, walkways, hallways, aisles, break or eating areas, and waiting areas. The following exceptions apply;
A) For the purposed of determining the exposed group, a place where persons momentarily pass through while everyone is wearing face coverings, without congregating, is not a work location, working area, or a common area at work.
B) If the COVID-19 case was part of a distinct group of employees who are not present at the workplace at the same time as other employees, for instance a work crew or shift that does not overlap with another work crew or shift, only employees within that distinct group are part of the exposed group.
C) If the COVID-19 case visited a work location, working area, or a common area at work for less than 15 minutes during the high-risk exposure period, and all persons were wearing face coverings at the time the COVID-19 case was present, other people at the work location, working area, or common area are not part of the exposed group.
NOTE: An exposed group may include the employees of more than one employer.
“Face covering” A surgical mask, a medical procedure mask, a respirator worn voluntarily, or a tightly woven fabric or non-woven material of at least two layers (i.e., fabrics that do not let light pass through when held up to a light source) that completely covers the nose and mouth and is secured to the head with ties, ear loops, or elastic bands that go behind the head. If gaiters are worn, they shall have two layers of fabric or be folded to make two layers. A face covering is a solid piece of material without slits, visible holes, or punctures, and must fit snugly over the nose, mouth, and chin with no large gaps on the outside of the face. A face covering does not include a scarf, ski mask, balaclava, bandana, turtleneck, collar, or single layer of fabric. This definition includes clear face O
coverings or cloth face coverings with a clear plastic panel that, despite the noncloth material allowing light to pass through, otherwise meet this definition and which may be used to facilitate communication with people who are deaf or hardof-hearing or others who need to see a speaker’s mouth or facial expressions to understand speech or sign language respectively.
“Fully vaccinated” The employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID-19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from the FDA; or, for persons fully vaccinated outside the United States, be listed for emergency use by the World Health Organization (WHO). The second dose of the series must not be received earlier than 17 days (21 days with a 4-day grace period) after the first dose. “High-risk exposure period” The following time period: (1) For COVID-19 cases who develop COVID-19 symptoms: from 2 days before they first develop symptoms until all of the following are true; it has been 10 days since symptoms first appeared, 24 hours have passed with no fever, without the use of feverreducing medications, and symptoms have improved. (2) For COVID-19 cases who never develop COVID-19 symptoms: from 2 days before until 10 days after the specimen for their first positive test for COVID-19 was collected. “Respirator” A respiratory protection device approved by the National Institute for Occupational Safety and Health (NIOSH) to protect the wearer from particulate matters, such as an N95 filtering facepiece respirator. “Worksite” For the limited purposes of COVID-19 prevention regulations only, means the building, store, facility, agricultural field, or other location where a COVID-19 case was present during the high-risk exposure period. It does not apply to buildings, floors, or other locations of the employer that a COVID-19 case did not enter, locations where the worker worked by themselves without exposure to other employees, or to a worker's personal residence or alternative work location chosen by the worker when working remotely.
IDENTIFICATION AND EVALUATION OF COVID-19 HAZARDS
The City will implement the following at our worksites:
• Conduct worksite-specific evaluations using the Appendix A: Identification of COVID-19 Hazards form or similar form.
• Evaluate employees’ potential worksite exposures to all persons at, or who may enter, our worksite.
• Review applicable orders and general and industry-specific guidance from the State of California, Cal/OSHA, and the local health department related to COVID-19 hazards and prevention.
• Evaluate existing COVID-19 prevention controls at our worksites and the need for different or additional controls.
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• Conduct periodic inspections using the Appendix B: COVID-19 Inspections form, or similar form, to identify unhealthy conditions, work practices, and work procedures related to COVID-19 and to ensure compliance with our COVID-19 policies and procedures.
Screening Employees for COVID-19 Symptoms
The City possesses authority to require employees to be screened for COVID-19 symptoms prior to entering a worksite. Each worksite will either require employees to self-screen according to CDPH guidelines or will direct screen employees when they come to work by taking employee temperatures and asking about potential symptoms prior to entering a worksite. When direct screening is used indoors, face coverings will be worn by both the screener and unvaccinated employees using a non-contact thermometer used.
Should an employee present COVID-19 symptoms during an administered screening or a self-screen, the City will instruct the employee to remain at or return to their home or place of residence and not report to work until such time as the employee satisfies the minimum criteria to return to work. The City will advise employees of any leaves to which they may be entitled during this self-quarantine period. Further, the City has adopted policies and procedures that ensure the confidentiality of employees and comply with the CMIA, and will not disclose to other employees the fact that the employees presented COVID-19 symptoms.
Ventilation and Filtration Efficiency
For indoor locations, we will evaluate how to maximize ventilation with outdoor air to the highest level of filtration efficiency compatible with the existing ventilation system and whether the use of portable or mounted high efficiency particulate air (HEPA) filtration units, or other air cleaning systems, would reduce the risk of COVID-19 transmission.
We will review applicable orders and guidance from the State of California and the local health department related to COVID-19 hazards and prevention. These orders and guidance are both information of general application, including Interim Guidance for Ventilation, Filtration, and Air Quality in Indoor Environments by the California Department of Public Health (CDPH) and information specific to our industry, location, and operations.
CORRECTION OF COVID-19 HAZARDS
The City will implement effective policies and/or procedures for correcting unsafe or unhealthy conditions, work practices, policies and procedures in a timely manner based on the severity of the hazard.
This includes, but is not limited to, implementing controls and/or policies and procedures in response to the evaluations conducted related to the identification and evaluation of COVID-19 hazards and investigating and responding to COVID-19 cases at City worksites.
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CONTROL OF COVID-19 HAZARDS
Face Coverings
For all employees who are not fully vaccinated, we will provide face coverings and ensure they are worn when indoors or in vehicles and where required by orders from the CDPH. We will ensure required face coverings are clean and undamaged, and they are worn over the nose and mouth.
When employees are required to wear face coverings, the following exceptions apply:
A. When an employee is alone in a room or vehicle.
B. While eating or drinking at the workplace, provided employees are at least six feet apart and outside air supply to the area, if indoors, has been maximized to the extent feasible.
C. Employees wearing respirators required by the employer and used in compliance with CCR Title 8 section 5144.
D. Employees who cannot wear face coverings due to a medical or mental health condition or disability or who are hearing-impaired or communicating with a hearing-impaired person. Alternatives will be considered on a case-by-case basis.
E. Specific tasks that cannot feasibly be performed with a face covering. This exception is limited to the time period in which such tasks are actually being performed.
Any employee not wearing a face covering, pursuant to the exceptions listed in items (d) and (e) above, and not wearing a non-restrictive alternative when allowed by Section 3205 (c)(6)(E) shall be at least six feet apart from all other persons unless the unmasked employee is either fully vaccinated or tested at least weekly for COVID-19 during employee paid time and at no cost to the employee.
When face coverings are not required, we will provide face coverings to employees upon request, regardless of vaccination status.
Cleaning and disinfecting
The City’s cleaning and disinfecting policy requires the following:
1. Identifying and regularly cleaning and disinfecting frequently touched surfaces and objects, such as doorknobs, elevator buttons, equipment, tools, handrails, handles, controls, bathroom surfaces, and steering wheels. The City will inform employees and authorized employee representatives of cleaning and disinfection protocols, including the planned frequency and scope of regular cleaning and disinfection.
2. Prohibiting the sharing of personal protective equipment and to the extent feasible, items that employees come in regular physical contact with such as phones, headsets, desks, keyboards, writing materials, instruments, O
and tools. When it is not feasible to prevent sharing, sharing will be minimized and such items and equipment shall be disinfected between uses by different people. Sharing of vehicles will be minimized to the extent feasible, and high touch points (steering wheel, door handles, seatbelt buckles, armrests, shifter, etc.) shall be disinfected between users.
3. Cleaning and disinfection of areas, material, and equipment used by a COVID-19 case during the high-risk exposure period.
Hand sanitizing
In order to implement effective hand sanitizing procedures, the City will • Evaluate handwashing facilities.
• Determine the need for additional facilities.
• Encourage and allow time for employee handwashing.
• Provide employees with an effective hand sanitizer, and prohibit hand sanitizers that contain methanol (i.e. methyl alcohol). • Encourage employees to wash their hands for at least 20 seconds Personal protective equipment (PPE)
The City will evaluate the need for PPE (such as gloves, goggles, and face shields) as required by CCR Title 8, section 3380, and provide such PPE as needed.
Upon request, we will provide respirators for voluntary use, in compliance with subsection 5144 (c)(2) to all employees who are not fully vaccinated and who are working indoors or in vehicles with more than one person. We will encourage their use and ensure employees are provided with a respirator of the correct size.
The City provides eye protection and respiratory protection in accordance with section 5144 when employees are exposed to procedures that may aerosolize potentially infectious material such as saliva or respiratory tract fluids.
Additional measures will be utilized as required by state and local health departments.
We will make COVID-19 testing available, during employee paid time, at no cost to employees with COVID-19 symptoms who are not fully vaccinated.
INVESTIGATING AND RESPONDING TO COVID-19 CASES
In the event that employees test positive for COVID-19 or are diagnosed with COVID-19 by a health care provider, the City will instruct the employees to remain at or return to their home or place of residence and not report to a worksite until such time as the employees satisfy the minimum criteria to return to work. An investigation will be conducted to determine who may have had close contact with COVID-19 case.
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All employees who had potential COVID-19 close contact in our workplace will be:
• Informed of their possible exposure to COVID-19 in the workplace while maintaining confidentiality
• Offered COVID-19 testing through their health provider or if not covered by insurance offered testing through another provider at no cost during their working hours
• Provided information on benefits as outlined in the Training and Instruction section • Advised of the temporary closing of the general area where the infected employee(s) worked until cleaning is completed
• Advised of the deep cleaning of the entire area where the infected employee(s) worked and may have been ???
The City will protect the confidentiality of the COVID-19 cases and will not disclose to other employees the fact that the employees tested positive for or were diagnosed with COVID-19. The City will keep confidential all personal identifying information of COVID19 cases unless expressly authorized by the employees to disclose such information or as other permitted or required under the law.
Contact Tracing
The City will utilize Appendix C: Investigating COVID-19 Cases for or similar form in order to determine:
1. The date on which the employees tested positive, if asymptomatic, or the date on which the employees first presented COVID-19 symptoms, if symptomatic;
2. The COVID-19 cases recent work history, including the day and time they were last present at a City worksite; and
3. The nature and circumstances of the COVID-19 cases’ contact with other employees during the high-risk exposure period, including whether there were any COVID-19 close contacts.
If the City determines that there were any COVID-19 close contacts, the City will instruct those employees to remain at their home or place of residence and not report to a City worksite until such time as the employees satisfy the minimum criteria to return to work.
Reporting the Potential Exposure to Other Employees
The City will comply with all reporting and recording obligations as required under the law, including, but not limited to, reporting the COVID-19 case to the following individuals and institutions as required based on the individual circumstances: (1) employees who were present at a worksite when the COVID-19 case was present; and (2) subcontracted employees who were present at the worksite.
The City will provide COVID-19 testing at no cost to employees during their working hours to all employees who had potential COVID-19 close contact at a worksite. The O
City will provide these employees with information regarding COVID-19-related benefits to which the employees may be entitled under applicable federal, state, or local laws.
This includes any benefits available under workers’ compensation law, the federal Families First Coronavirus Response Act (FFCRA), Labor Code sections 248.1 and 248.5, Labor Code sections 3212.86 through 3212.88, local governmental requirements, the City’s own leave policies, and leave guaranteed by contract.
The City will continue to provide and will maintain these employees’ earnings, seniority, and all other employee rights and benefits, including the employees’ right to their former job status, as if the employees had not been removed from their jobs.
The City may require that these employees use employer-provided employee sick leave benefits for this purpose and consider benefit payments from public sources in determining how to maintain earnings, rights and benefits, where permitted by law and when not covered by workers’ compensation.
Investigation to Determine Whether Workplace Conditions Contributed to COVID19 Exposure The City will conduct an investigation in order to determine whether any worksite conditions could have contributed to the risk of COVID-19 exposure and what could be done to reduce exposure to COVID-19 hazards.
SYSTEM FOR COMMUNICATING
The City’s goal is to ensure there is effective two-way communication with our employees, in a form they can readily understand, and that it includes the following information:
• City policy requires that employees immediately report to their manager or supervisor or to the Department of Human Resources any of the following: (1) the employee’s presentation of COVID-19 symptoms; (2) potential close contact to a person with COVID-19; (3) possible COVID-19 hazards at worksites. Any employee making such a report can do so without fear of reprisal.
• City policy provides for an accommodation process for employees who have a medical or other condition identified by the Centers for Disease Control and Prevention (“CDC”) or the employees’ health care provider as placing or potentially placing the employees at increased risk of severe COVID-19 illness. o To request an accommodation under the CCP policy, employees may make a request with their manager or supervisor or the Department of Human Resources.
• Where testing is not required, how employees can access COVID-19 testing • In the event the City is required to provide testing because of a worksite exposure or outbreak, the City will communicate the plan for providing testing O
and inform affected employees of the reason for the testing and the possible consequences of a positive test.
• COVID-19 testing is not required for employees who are fully vaccinated before the close contact and do not have symptoms, and for COVID-19 cases who have returned to work and have remained free of COVID-19 symptoms, for 90 days after the initial onset of COVID-19 symptoms or, for COVID-19 cases who never developed symptoms, for 90 days after their first positive test. • Information about COVID-19 hazards employees (including other employers and individuals in contact with our workplace) may be exposed to, what is being done to control those hazards, and our COVID-19 policies and procedures.
TRAINING AND INSTRUCTION OF EMPLOYEES
The City will provide training and instruction that includes:
• COVID-19 policies and procedures to protect employees from COVID-19 hazards.
• Information regarding COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws. This includes any benefits available under legally mandated sick and vaccination leave, if applicable, workers’ compensation law, local governmental requirements, our leave policies, and leave guaranteed by contract, and Section 3205. • The fact that:
o COVID-19 is an infectious disease that can be spread through the air. o COVID-19 may be transmitted when a person touches a contaminated object and then touches their eyes, nose, or mouth.
o An infectious person may have no symptoms.
• Our policy for providing respirators, and the right of employees who are not fully vaccinated to request a respirator for voluntary use as stated in this program, without fear of retaliation and at no cost to employees. Whenever respirators are provided for voluntary use under this section or section 3205.1 through 3205.4, training will be provided on how to properly wear the respirator, and how to perform a seal check according to the manufacturer’s instructions each time a respirator is worn, and the fact that facial hair interferes with the seal. • The fact that particles containing the virus can travel more than six feet, especially indoors, so physical distancing must be combined with other controls, including face coverings and hand hygiene, to be effective.
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• The importance of frequent hand washing with soap and water for at least 20 seconds and using hand sanitizer when employees do not have immediate access to a sink or hand washing facility, and that hand sanitizer does not work if the hands are soiled.
• Proper use of face coverings and the fact that face coverings are not respiratory protective equipment. COVID-19 is an airborne disease. N95s and more protective respirators protect the users from airborne disease while face coverings are intended to primarily protect people around the user. • COVID-19 symptoms, and the importance of obtaining a COVID-19 test and not coming to work if the employee has COVID-19 symptoms. • Information on our COVID-19 policy, how to access COVID-19 testing and vaccination; and the fact that vaccination is effective at preventing COVID-19, protecting against both transmission and serious illness or death. • The conditions under which face coverings must be worn at the workplace and that face coverings are additionally recommended outdoors for people who are not fully vaccinated if six feet of distance cannot be maintained. Employees can request face coverings from the employer at no cost to the employee and can wear them at work, regardless of vaccination status, without fear of retaliation.
REPORTING, RECORDKEEPING, AND ACCESS
It is the City’s policy to:
• Report information about COVID-19 cases at a City worksite to the local health department whenever required by law, and provide any related information requested by the local health department.
• Maintain records of the steps taken to implement our written COVID-19 Prevention Program in accordance with CCR Title 8 section3203(b). • Make our written COVID-19 Prevention Program available at the worksite to employees, authorized employee representatives, and to representatives of Cal/OSHA immediately upon request.
• Use the Appendix C: Investigating COVID-19 Cases form to keep a record of and track all COVID-19 cases. The information will be made available to employees, authorized employee representatives, or as otherwise required by law, with personal identifying information removed.
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EXCLUSION OF COVID-19 CASES
Where we have a COVID-19 case in our workplace and employees who had a close contact, we will limit transmission by:
• Ensuring COVID-19 cases are excluded from the workplace until our return-towork requirements are met, with the following exceptions:
o Employees who were fully vaccinated before the close contact and who do not develop COVID-19 symptoms so long as such
employees wear a face covering and maintain six feet of distance from others at the workplace for 10 days following the last date of close contact COVID-19 exposure; and
o COVID-19 cases who returned to work pursuant to the
aforementioned requirements and have remained free of COVID-19 symptoms for 90 days after the initial onset of COVID-19 symptoms or for COVID-19 cases who never developed COVID-19 symptoms for 90 days after the first positive test, so long as such employees wear a face covering and maintain six feet of distance from others at the workplace for 10 days following the last date of close contact COVID-19 exposure. (See CDPH Guidelines for changes)
Additionally, if an employee is not excluded in accordance with the above exceptions, the CITY will provide such an employee with information about any applicable precautions recommended by the California Department of Public Health (“CDPH”) for persons with a close contact COVID-19 exposure.
• Continuing and maintaining an employee’s earnings, seniority, and all other employee rights and benefits whenever we’ve demonstrated that the COVID-19 exposure is work related. This will be accomplished by:
o Allowing them to work remotely when they can fulfill their duties from home
o Providing employees at the time of exclusion with information on available benefits.
RETURN-TO-WORK CRITERIA
The City will ensure that COVID-19 cases are excluded from the worksite until the individual satisfies the minimum return to work criteria as noted below or as issued by the CDPH pursuant to the Governor’s executive order, whichever is shorter:
• COVID-19 cases with COVID-19 symptoms will not return to a City worksite until all the following have occurred:
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o At least 24 hours have passed since a fever of 100.4 or higher has resolved without the use of fever-reducing medications. o COVID-19 symptoms have improved.
o At least 10 days have passed since COVID-19 symptoms first appeared. • COVID-19 cases who tested positive but never developed COVID-19 symptoms will not return to a City worksite until a minimum of 14 days have passed since the date of specimen collection of their first positive COVID-19 test.
o The 14-day return to work timeline can be shortened to 10 days if the employee wears a face covering and maintains six feet of distance from others while at the workplace for 14 days following the last known close contact COVID-19 exposure.
o The 14-day return to work timeline can be shortened to seven (7) days if the employee tests negative for COVID-19 with a specimen taken at least five (5) days after the last known close contact COVID-19 exposure and the employee wears a face covering and maintains six feet of distance from others while at the workplace for 14 days following the last known close contact COVID-19 exposure
Persons who have a close contact may return to work as follows (See CDPH for Updates):
• Vaccinated employees and those COVID-19 cases who have been symptom free within 90-days of first positive test, may remain at work so long as such employees wear a face covering and maintain six feet of distance from others at the workplace for 14 days following the last date of close contact COVID-19 exposure.
• Unvaccinated employees who had a close contact but never developed any COVID-19 symptoms may return to work when 14 days have passed since the last contact.
o The 14-day return to work timeline can be shortened to 10 days if the employee wears a face covering and maintains six feet of distance from others while at the workplace for 14 days following the last known close contact COVID-19 exposure.
o The 14-day return to work timeline can be shortened to seven (7) days if the employee tests negative for COVID-19 with a specimen taken at least five (5) days after the last known close contact COVID-19 exposure and the employee wears a face covering and maintains six feet of distance from others while at the workplace for 14 days following the last known close contact COVID-19 exposure.
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• If an order to isolate or quarantine an employee is issued by a local or state health official, the employee will not return to work until the period of isolation or quarantine is completed or the order is lifted. If no period was specified, then the period will be 14 days from the time the order to isolate was effective.
Provision of Information Concerning Benefits to Excluded Employees At the time of exclusion, the City will provide the excluded employees the information on benefits to which the employees may be entitled under applicable federal, state, or local laws.
This includes any benefits available under workers’ compensation law, the FFCRA, Labor Code sections 248.1 and 248.5, Labor Code sections 3212.86 through 3212.88, the City’s own leave policies, and leave guaranteed by contract.
Allowance by Cal/OSHA for an Employee to Return to Work If there are no violations of state or local health officer orders for isolation or quarantine, Cal/OSHA may, upon request, allow employees to return to a worksite on the basis that the removal of employees would create undue risk to a community’s health and safety.
In such cases, the City will develop, implement, and maintain effective control measures to prevent transmission in the workplace including providing isolation for the employees at the worksite and, if isolation is not possible, the use of respiratory protection in the workplace.
MULTIPLE COVID-19 INFECTIONS AND COVID-19 OUTBREAKS
If there are three or more COVID-19 cases within a 14-day period or a worksite is identified by the local health department as the location of an outbreak, this section of CPP will stay in effect until there are no new COVID-19 cases detected at that worksite for a 14-day period.
COVID-19 testing
We will make COVID-19 testing available at no cost to all employees within the exposed group except for employees who were not present during the period of an outbreak identified by a local health department or the relevant 14-day period, or for COVID-19 cases who did not develop symptoms after returning to work, no testing is required for 90 days after the initial onset of COVID-19 symptoms or, for COVID-19 cases who never developed symptoms, 90 days after the first positive test. COVID-19 testing will be provided at no cost to employees during employees’ working hours.
COVID-19 testing consists of the following:
• Testing shall be made available to all employees in the exposed group and then again one week later. Negative COVID-19 test results of employees with COVIDO 19 exposure will not impact the duration of any quarantine period required by, or orders issued by, the local health department.
• After the first two COVID-19 tests, we will continue to make COVID-19 testing available once a week at no cost to all employees in the exposed group who remain at the workplace at least once per week, or more frequently if recommended by the local health department, until this section no longer applies, pursuant to more protective stringent state or local health department mandates or guidance. Any employees in the exposed group who are not wearing respirators required by this policy and used in compliance with section 5144 shall be separated from other persons by at least six feet, except where it can be demonstrated that six feet of separation is not feasible, and except for momentary exposure while persons are in movement. When it is not feasible to maintain a distance of at least six feet, individuals shall be as far apart as feasible.
All employees in the exposed group shall wear face coverings when indoors or when outdoors and less than six feet from another person.
Notice shall be given to employees in the exposed group of their right to request a respirator for voluntary use if they are not fully vaccinated.
An evaluation of the worksite will be completed to determine whether to implement physical distancing of at least six feet between persons or, where six feet of physical distancing is not feasible, the use of cleanable solid partitions of sufficient size to reduce COVID-19 transmission.
Exclusion of COVID-19 cases
The City will ensure COVID-19 cases and employees who had COVID-19 exposure are excluded from the worksite in accordance with our CPP Exclusion of COVID-19 Cases and Return to Work Criteria requirements, and local health officer orders if applicable.
COVID-19 investigation, review and hazard correction
In addition to the CPP Identification and Evaluation of COVID-19 Hazards and Correction of COVID-19 Hazards, the City will immediately perform a review of potentially relevant COVID-19 policies, procedures, and controls and implement changes as needed to prevent further spread of COVID-19.
The investigation and review will be documented and include:
• Investigation of new or unabated COVID-19 hazards including:
○ Our leave policies and practices and whether employees are discouraged from remaining home when sick.
○ Our COVID-19 testing policies.
○ Insufficient outdoor air.
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○ Insufficient air filtration.
○ Lack of physical distancing.
• Updating the review:
○ Every thirty days that the outbreak continues.
○ In response to new information or to new or previously unrecognized COVID-19 hazards.
○ When otherwise necessary.
• Implementing changes to reduce the transmission of COVID-19 based on the investigation and review. We will consider:
○ Moving indoor tasks outdoors or having them performed remotely. ○ Increasing outdoor air supply when work is done indoors. ○ Improving air filtration.
○ Increasing physical distancing as much as possible.
○ Respiratory protection.
In buildings or structures with mechanical ventilation, we will filter recirculated air with minimum efficiency reporting value (MERV) 13 or higher efficiency filters if compatible with the ventilation system. If MERV-13 or higher filters are not compatible with the ventilation system, we will use filters with the highest compatible filtering efficiency. We will also evaluate whether portable mounted high efficiency particulate air (HEPA) filtration units or other air cleaning systems would reduce the risk of transmission and, if so, will implement their use to the degree feasible.
MAJOR COVID-19 OUTBREAKS
If there are 20 or more COVID-19 cases within a 30-day period, this section of CPP will stay in effect until there are no new COVID-19 cases detected at that worksite for a 14-day period.
COVID-19 testing
In addition to outbreak testing requirements, testing will be made available to all employees in the exposed group, regardless of vaccination status twice a week, or more frequently if recommended by the local health department. COVID-19 testing will be provided at no cost to employees during employees’ working hours.
The City will provide a respirator for voluntary use in compliance with subsection 5144 (c)(2) to employees in the exposed groups and will determine the need for a respiratory protection program or changes to an existing respiratory protection program under section 5144 to address COVID-19 hazards.
Any employees in the exposed group who are not wearing respirators required by this policy and used in compliance with section 5144 shall be separated from other O
persons by at least six feet, except where it can be demonstrated that six feet of separation is not feasible, and except momentary exposure while persons are in movement. Methods of physical distancing include: telework or other remote work arrangements; reducing the number of persons in an area at one time, including visitors; staggered arrival, departure, work, and break times; and adjusted work processes or procedures, such as reducing production speed, to allow greater distance between employees. When it is not feasible to maintain a distance of at least six feet, individuals shall be as far apart as feasible.
At workstations where an employee in the exposed group is assigned to work for an extended period of time and where physical distancing requirements in this policy is not maintained at all times, the employer shall install cleanable solid partitions that effectively reduce transmission between the employee and other persons.
The City will evaluate whether to halt some or all operations at the workplace until COVID-19 hazards have been corrected.
Exclusion of COVID-19 cases
The City will ensure COVID-19 cases and employees with COVID-19 exposure are excluded from the worksite in accordance with our CPP Exclusion of COVID-19 Cases and Return to Work Criteria, and any relevant local health department orders.
Investigation of workplace COVID-19 illnesses
The City will comply with the requirements of the CPP Investigating and Responding to COVID-19 Cases.
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Appendix A
Current CDPH Quarantine Guidance as of 1/14/22
Table 1: Exclusion Requirements for Employees Who Test Positive for COVID-19 (Isolation)
Requirements apply
to all employees, regardless of
vaccination status, previous
infection, or lack of symptoms.
• Employees who test positive for COVID-19 must
be excluded from the workplace for at least 5
days.
• Isolation can end and employees may return to
the workplace after day 5 if symptoms are not
present or are resolving, and a diagnostic
specimen* collected on day 5 or later tests
negative.
• If an employee is unable or chooses not to
testi and their symptoms are not present or are
resolving, isolation can end and the employee
may return to the workplace after day 10.
• If an employee has a fever, isolation must
continue and the employee may not return to
work until the fever resolves.
• If an employee’s symptoms other than fever are
not resolving, they may not return to work until
their symptoms are resolving or until after day 10
from the positive test.
• Employees must wear face coverings around
others for a total of 10 days after the positive test,
especially in indoor settings. Please refer to the
section in this FAQ on face coverings for
additional face covering requirements.
* Antigen test preferred.
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Table 2: Employees Who Are Exposed to Someone with COVID-19 (Quarantine) Requirements apply to
employees who are:
• Unvaccinated+; OR
• Vaccinated and boostereligible++ but have not yet
received their booster
dose.+++
+
Includes persons previously
infected with SARS-CoV-2 within
the last 90 days.
++See Table 4 for definition of
booster-eligible.
• Employees must be excluded from the workplace
for at least 5 days after their last close contact
with a person who has COVID-19.
• Exposed employees must test on day 5.
• Quarantine can end and exposed employees may
return to the workplace after day 5 if symptoms
are not present and a diagnostic
specimen* collected on day 5 or later tests
negative.
• If an employee is unable or chooses not to
testi and does not have symptoms, quarantine
can end and the employee may return to the
workplace after day 10.
• Employees must wear face coverings around
others for a total of 10 days after exposure,
especially in indoor settings. Please refer to the
section in this FAQ on face coverings for
additional face covering requirements.
• If an exposed employee tests positive for COVID19, they must follow the isolation requirements above in Table 1.
• If an exposed employee develops symptoms, they
must be excluded pending the results of a test.
• Employees are strongly encouraged to get
vaccinated or boosted.
* Antigen test preferred.
+++Employers are not required to exclude asymptomatic employees in this category if:
• A negative diagnostic test* is obtained within 3-5 days after last exposure to a case; • Employee wears a face covering around others for a total of 10 days (please refer to the section in this FAQ on face coverings for additional face covering requirements); and
• Employee continues to have no symptoms.
Table 3: Employees Who Are Exposed to Someone with COVID-19 (No Quarantine Required)
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Requirements apply to
employees who are:
• Boosted; OR
• Vaccinated, but not yet
booster-eligible.×
× (See Table 4 for definition of
booster-eligible)
Employees do not need to quarantine if they:
• Test on day 5 with a negative result.
• Wear face coverings around others for 10 days
after exposure, especially in indoor settings.
Please refer to the section in this FAQ on face
coverings for additional face covering
requirements.
• If employees test positive, they must follow
isolation recommendations above.
• If employees develop symptoms, they must be
excluded pending the results of a test.
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Item #7B
City Council
January 18, 2022
1 CITY OF SAN JUAN BAUTISTA
CITY COUNCIL REPORT
AGENDA TITLE: DISCUSS THE FORMATION OF A STANDING
COMMITTEE ON HOMELESSNESS WITH THE OFFICE
OF EDUCATION, CITY OF HOLLSTER AND THE
COUNTY
MEETING DATE: JANUARY 18, 2022
DEPARTMENT HEAD: DON REYNOLDS, CITY MANAGER
RECOMMENDED ACTION(S):
It is recommended that the City Council consider the formation of a standing committee to address the needs of homelessness with the Office of Education, the City of Hollister and the County.
BACKGROUND INFORMATION:
The governance of homeless issues and the creation of responsive policies have evolved over the years. San Benito County Department of Public Health has taken the lead on these matters, and much of the homeless funding comes directly to this jurisdiction. The County belongs to the Coalition of Homeless Service providers, to allocate the annual Housing and Urban Development funding that comes to the Continuum of Care with Monterey County. Vice Mayor Cesar Flores sits on the Leadership Council for the Coalition with other City Mayors. San Benito County has a SB County Homeless Provider Council, that meets once every two months to learn about progress and opportunities regarding homeless services and systems. They are scheduling a retreat next month to work out a strategic plan. Vice Mayor Flores also sits on this committee. The Community Action Board is a broader representation of the community that acts as an oversite board concerning all matters related to low-income persons, housing, and service needs. Their vision includes "Ending Poverty by Empowering People."
In the past eight-months, the City has joined the City of Hollister and the County in two Memorandum of Understandings (MOU’s) to help with homeless issues using CARES Act Funds (through the Federal Community Development Block Grant, or “CDBG”). Resolution 2021-16 approves the allocation of the City $63,558 CARES CDBG V1 to help low-income persons with their utilities. Despite weekly outreach and counselling, this program is struggling to attract applicants from San Juan Bautista, and needs to spend all of its funding in the next 5-months.
Resolution 2021-57 appropriates $231,284 of Federal CARES ACT 2/3 CDBG to help pay for $1 O
Item #7B
City Council
January 18, 2022
2 million to the Hollister homeless shelter operations and capital improvements. This program is just getting started.
DISCUSSION:
The Intergovernmental Committee represented by Mayor Jordan and Councilmember Freeman (Vice Chair), has had several conversations regarding homeless issues. At the January 6 IG Committee meeting, the Mayor of Hollister requested the Cities and County to consider establishing a new permanent standing committee on Homelessness. He expressed a desire to have just a local jurisdiction committee. The State continues to fund homeless program that are made available to counties and cities, to be used directly be these agencies and/or distributed to homeless service providers. These funds need to be considered with regional priorities in mind, as one solution can often cause unintended regional impacts.
It was agreed that the Office of Education will also be represented. As proposed, the new “San Benito Homeless Committee” will include two representatives from each jurisdiction, and one from the Office of Education. This Committee will establish fiscal priorities and help to focus resources effectively.
The County has also mentioned to concept of funding a homeless coordinator to serve the three jurisdictions. Perhaps this position could help staff the new Subcommittee. More important for San Juan Bautista, is having regional response team (“navigation” team) appointed to respond quickly if homeless issues were to arise in this City. The Coordinator could staff this type of mobile response, and this service would help our City direct transient homeless persons to the services they need and to the place where the services are located. This position and this response team is the direction the City was seeking when CDBG funds became available in 2020 through the CARES Act for homeless services. If the City buys into to funding this position than its ability to dictate local outcomes will improve. The County has adopted a new Five-Year Plan attached to this staff report. It is attached for the City Council’s consideration.
The fiscal responsibilities of this Homeless Subcommittee have to be considered. It is expected that the Committee will generate budget considerations for each jurisdiction. If the City were to contribute to homeless programs today, the only resource would be the General Fund. A second temporary resource may be the American Rescue Plan funds (the use of these funds is discussed in the Mid-Year Budget Report). The best-case scenario and best outcome would be the ability to apply to HCD and other resources collectively for regional funding, be it Federal Tax Credits used for affordable housing, CDBG or any other HUD funded programs. Knowing that the City’s Housing Element and Regional Housing Needs Assessment will expect affordable housing to be built in San Juan Bautista in the next five years, funds could be applied for collectively and used to support these efforts as well.
FISCAL IMPACT:
To be determined. The City does not have staff resources other than the City Manager and Code Enforcement to address homeless needs and services in the City.
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