FOR THE CITY COUNCIL MEETING OF FEBRUARY 1, 2022
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by Chief Human Resources Officer
SUBJECT: CONFIRMING LOCAL EMERGENCY ORDERS AND ACTIONS OF THE
DIRECTOR OF EMERGENCY SERVICES
RECOMMENDATION:
That the City Council adopt a Resolution confirming local emergency orders and actions of the Director of Emergency Services regarding Novel Coronavirus (COVID-19), which includes Local Emergency Order No. 2022-1 proclaiming a hybrid work environment and implementing an emergency supplemental paid sick leave program for City employees.
BACKGROUND:
On March 11, 2020, the World Health Organization declared COVID-19 a pandemic. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency as a result of COVID-19, and on March 19, 2020, Governor Newsom issued Executive Order N-33-20, requiring the shelter -in -place of all residents in California and the closure of all non -essential businesses.
On April 7, 2020, the City Council proclaimed a local emergency regarding the COVID- 19 pandemic and ratified proclamations of local emergency made by the City Manager acting as Director of Emergency Services on March 18, 2020, March 25, 2020, and April 1, 2020.
The City Council's proclamation of local emergency, Government Code Section 8634, and Section 2-17.06(a) of the Santa Maria Municipal Code empower the City's Director of Emergency Services to make and issue orders and regulations on matters reasonably related to the protection of life and property. Section 2-17.06(a) requires the City Council to confirm any rules and regulations issued by the Director of Emergency Services.
DISCUSSION:
In accordance with the City Council's proclamation of local emergency, the City's Director of Emergency Services has taken local emergency action and issued emergency orders to protect life and property. The City Council has previously adopted resolutions confirming those local emergency orders and actions.
Since December 2021, the community transmission level of COVID-19 in Santa Barbara County has been categorized as "High" based on the US Centers for Disease Control and
Prevention's (CDC) Indicators. The significantly more transmissible Omicron variant is the current predominant strain. To control the spread of COVID-19, Health Officer Order No. 2021-10.8 was issued with an effective date of January 2, 2022. With the recent surge in the Omicron COVID-19 cases, employers, including the County of Santa Barbara and cities, including the City of Santa Maria, are being required to make changes in their operations to keep employees and their workspaces safe. In recent days, the City has updated its COVID-19 Prevention Plan to comply with the California Department of Public Health and Cal/OSHA Emergency Temporary Standards.
Since December 2021, the City has experienced a rate increase of 2,650% in exposure with multiple worksites declared as "outbreaks." On January 20, 2022, the City Manager directed all department directors to prepare an Action Plan to reduce the physical density of employees through the implementation of a hybrid work environment with a 50% recommended reduction where possible. In addition to the density reduction measure, heightened engineering controls such as frequent sanitizing of workspaces, wearing face coverings, and maintaining social distance are in full effect.
The City is committed to ensuring a safe, healthy workforce and community, especially during times of emergency. In 2020 and 2021, there were various legislative enactments of leave benefits provided by the Emergency Family and Medical Leave Expansion Act (EFMLA) and Emergency Paid Sick Leave (EPSL) as part of the Families First Coronavirus Response Act (FFCRA) and California Supplement Paid Sick Leave (C- SPSL) under SB 95. All of these benefits have expired. The well-being of City employees is of paramount importance. As such, the City Manager's January 20, 2022, directive also included an 80 -hour leave bank retroactive beginning pay period January 15, 2022, in alignment with Cal/OSHA January 2022 minor revisions to its Emergency Temporary Standards, with a sunset date of June 30, 2022, in response to the surge of COVID-19 outbreaks and increased exposure in the workplace. This interim measure provides protection and financial compensation subject to qualifying COVID-19 related reasons.
The Director of Emergency Services has taken actions that are being submitted to the City Council for confirmation, to provide for the protection of life and property. These actions include the issuance of Local Emergency Order No. 2022-1, which proclaimed the actions of the Emergency Services Director, ordering an emergency hybrid work environment from January 21, 2022, through February 4, 2022, and implementation of an Emergency Supplemental Paid Sick Leave (ESPSL) of 80 hours retroactive to January 15, 2022, with a sunset date of June 30, 2022 (Attachment A). The attached Resolution confirms and ratifies all actions taken by the City's Director of Emergency Services.
Fiscal Impact:
The fiscal implications of confirming the actions of the Director of Emergency Services have not been specifically identified at this time. Employees who request time -off for qualifying COVID-19 leave shall be paid at the employee's base rate of pay. 2 Impact to the Community:
Confirming the actions of the Director of Emergency Services will allow the Director of Emergency Services to continue to take all actions necessary to preserve the life and property during the declaration of the COVID-19 emergency. The City's ESPSL time off requests will be reviewed and approved with the employee's supervisor.
Conclusion
That the City Council should adopt a Resolution confirming and ratifying the actions taken by the City's Director of Emergency Services.
‘fiakevt Pk
LINDA CATHERINE LE
Chief Human Resources Officer
Attachment A — Local Emergency Order and Regulation No. 2022-1 3 RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY OF SANTA MARIA, CALIFORNIA, CONFIRMING ALL
LOCAL EMERGENCY ORDERS AND ACTIONS OF THE DIRECTOR OF
EMERGENCY SERVICES DUE TO THE PROCLAIMED LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) PANDEMIC
WHEREAS, on March 4, 2020, Governor Newsom issued a Proclamation of a State of Emergency in the State of California related to the COVID-19 pandemic; and WHEREAS, on March 12, 2020, a Declaration of Local Health Emergency relating to COVID-19 was issued by the County Health Office and Public Health Director of the County of Santa Barbara; and
WHEREAS, on March 18, 2020, Governor Newsom issued an Executive Order N- 33-20, requiring the shelter -in -place of all residents in California and the closure of all non -essential businesses; and
WHEREAS, on April 7, 2020, the Santa Maria City Council adopted Resolution No. 2020-21 proclaiming a local emergency regarding COVID-19 and ratifying the proclamation of local emergency by the City Manager acting as the Director of Emergency Services; and
WHEREAS, pursuant to Government Code Section 8634 and Title 2, Chapter
2.17, Section 2-17.06 of the Santa Maria Municipal Code, the Director of Emergency Services is empowered to make and issue orders and regulations on matters reasonably related to the protection of life and property; and
WHEREAS, Santa Maria Municipal Code Section 2-17.06(a) requires the City Council to confirm any rules and regulations issued by the Director of Emergency Services; and
WHEREAS, on May 5, 2020; June 2, 2020; July 7, 2020; April 20, 2021; and October 5, 2021, the City Council adopted resolutions confirming and ratifying all actions of the Director of Emergency Services presented; and
WHEREAS, on December 29, 2021, the highly transmissible Omicron variant was detected in Santa Barbara County; and
WHEREAS, on January 2, 2022, County Health Officer and Public Health Director of the County of Santa Barbara issued Health Order No. 2021-10.8 due to the community transmission level of COVID-19 in Santa Barbara County categorized as "High" based on the US Centers for Disease Control and Prevention's (CDC) Indicators; and
WHEREAS, since late December 2021 through present time, the number of exposed cases within the City of Santa Maria has increased over 2,650% in comparison to the same time in December 2020; and
WHEREAS, the City of Santa Maria, in collaboration with the local, state, and federal government, continue sustained efforts to minimize the spread and mitigate the effects of COVID-19; and
WHEREAS, on January 27, 2022, the Director of Emergency Services proclaimed Local Order No. 2022-1 designating a period from January 21, 2022, through February 4, 2022, as a hybrid work environment as a density reduction measure because of the propensity of the virus to spread person to person and also because the virus physically is causing outbreak declarations in multiple sites across the City of Santa Maria due to its proclivity to attach to surfaces for prolonged periods of time; and WHEREAS, Local Order No. 2022-1 also implemented Emergency Supplemental Paid Sick Leave effective retroactively beginning pay period starting on January 15, 2022, in alignment of Cal/OSHA January 2022 Emergency Temporary Standards and established a sunset date of June 30, 2022, for regular employees, part-time employees, limited services employees, and retired annuitants for qualifying reasons due to COVID- 19; and
WHEREAS, the City Council desires to confirm and ratify any and all additional local emergency orders and actions of the Director of Emergency Services.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1: The above recitals are true and correct and incorporated herein.
SECTION 2: All actions of the Director of Emergency Services taken to provide for the protection of life and property during the City's declaration of a local emergency are confirmed and ratified.
SECTION 3: The Director of Emergency Services' Local Emergency Order No. No. 2022-1, implementing a temporary hybrid work environment as a density reduction measure and an Emergency Supplemental Paid Sick Leave program effective retroactively to January 15, 2022, through June 30, 2022, attached as Exhibit "A" and incorporated into this Resolution, is confirmed and ratified.
SECTION 4: The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance with the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager, City Attorney, and Chief Human Resources Officer concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 1st day of February 2022.
ATTEST:
Mayor
Chief Deputy City Clerk
APPROVED A.lr ORM:
Exhibit A- Local Emergency Order No. 2022-1
City Attorney
APP OVED AS TO CONTENT:
Department Head
CITY OF SANTA MARIA, CALIFORNIA
LOCAL EMERGENCY ORDER AND REGULATION NO. 2022-1
REGULATION OF THE CITY MANAGER OF THE CITY OF SANTA MARIA ACTING
IN HIS CAPACITY AS THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY
OF SANTA MARIA PROCLAIMING A LOCAL EMERGENCY HYBRID WORK
ENVIRONMENT AND IMPLEMENTATION OF AN EMERGENCY SUPPLEMENTAL
PAID SICK LEAVE PROGRAM FOR CITY EMPLOYEES
WHEREAS, on March 4, 2020, Governor Newsom issued a Proclamation of a State of Emergency in the State of California related to the COVID-19 pandemic; and WHEREAS, on March 12, 2020, a Declaration of Local Health Emergency relating to COVID-19 was issued by the County Health Office and Public Health Director of the County of Santa Barbara; and
WHEREAS, on March 18, 2020, Governor Newsom issued an Executive Order N- 33-20, requiring the shelter -in -place of all residents in California and the closure of all non -essential businesses; and
WHEREAS, on April 7, 2020, the Santa Maria City Council adopted Resolution No. 2020-21 proclaiming a local emergency regarding COVID-19 and ratifying the proclamation of local emergency by the City Manager acting as the Director of Emergency..
Services; and
WHEREAS, on December 29, 2021, the highly transmissible Omicron variant was detected in Santa Barbara County; and
WHEREAS, on January 2, 2022, County Health Officer and Public Health Director of the County of Santa Barbara issued Health Order No. 2021-10.8 due to the community transmission level of COVID-19 in Santa Barbara County categorized as "High" based on the US Centers for Disease Control and Prevention's (CDC) Indicators; and WHEREAS, since late December 2021 through present time, the number of exposed cases within the City of Santa Maria has increased over 2,650% in comparison to the same time in December 2020; and
WHEREAS, the City of Santa Maria, in collaboration with the local, state, and federal government, continue sustained efforts to minimize the spread and mitigate the effects of COVID-19; and
WHEREAS, pursuant to Government Code Section 8634 and Title 2, Chapter
2.17, Section 2-17.06 of the Santa Maria Municipal Code, the Director of Emergency Services is empowered to make and issue orders and regulations on matters reasonably related to the protection of life and property.
NOW, THEREFORE, it is hereby ordered that:
1. This Order directs Finance to establish a new bank of 80 leave hours as designated Emergency Supplemental Paid Sick Leave effective retroactively to pay period beginning January 15, 2022, with a sunset date of June 30, 2022, for regular employees, part-time employees, limited services employees, and retired annuitants.
2. This Order also designates a period from January 21, 2022, through February 4, 2022, as a hybrid work environment as a density reduction measure because of the propensity of the virus to spread person to person and also because the virus physically is causing outbreak declarations in multiple sites across the City of Santa Maria due to its proclivity to attach to surfaces for prolonged periods of time.
Each City department is to provide the Director of Emergency Services with an Action Plan to reduce the physical density of employees through the implementation of a hybrid work environment with a 50% recommended reduction where possible.
This Order is intended to reduce the likelihood of exposure to COVID-19, thereby slowing the spread of COVID-19 in the City of Santa Maria. As the presence of individuals increases, the difficulty and magnitude of tracing individuals who may have been exposed to a case rises exponentially in the City of Santa Maria.
DATED this 27" day of January 2022.
JASON STILWELL
Director of Emergency Services/City Manager