FOR THE CITY COUNCIL MEETING OF FEBRUARY 15, 2022
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by Chief Human Resources Officer
SUBJECT: AMENDING RESOLUTION NO. 2022-09 TO BE CONSISTENT WITH SB 114 2022 CALIFORNIA SUPPLEMENTAL PAID SICK LEAVE (2022 CA-SPSL) RETROACTIVE TO JANUARY 1, 2022, THROUGH
SEPTEMBER 30, 2022
RECOMMENDATION:
That the City Council amend Resolution No. 2022-09, that adopted actions of the Director of Emergency Services regarding the Novel Coronavirus (COVID-19) pandemic and Supplemental Paid Sick Leave, to be consistent with SB 114 2022 California Supplemental Paid Sick Leave (2022 CA-SPSL) legislation retroactive to January 1, 2022, through September 30, 2022.
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 within the County 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 percent 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 percent 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 have been 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.
This directive was established in alignment with Cal/OSHA's January 2022 revisions to its Emergency Temporary Standards, which sunset 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. On February 1, 2022, the City Council adopted Resolution No. 2022-
09. On February 9, 2022, Governor Newsom signed Senate Bill 114 (SB 114). The law takes effect on February 19, 2022.
This bill, beginning January 1, 2022, through September 30, 2022, provides for up to 80 hours of supplemental paid sick leave for covered employees who are unable to work or telework due to certain reasons related to COVID-19, including an employee who is attending a COVID-19 vaccine or vaccine booster appointment for themselves or a family member, or is experiencing symptoms, or caring for a family member experiencing symptoms related to a COVID-19 vaccine or vaccine booster.
The bill authorizes the employer to require the covered employee, if that employee tests 2 positive, to submit to another test on or after the fifth day after the first positive test and provide documentation of those results. The bill further authorizes the employer to require the covered employee to provide documentation of a family member's test result before paying the additional COVID-19 supplemental paid sick leave, as applicable. The bill specifies that the employer has no obligation to provide additional COVID-19 supplemental paid sick leave if the employee refuses to provide documentation of a test result.
Staff is recommending an amendment to Resolution No. 2022-09 to follow SB 114 legislation. In the event SB 114 is insufficient or amended, staff will return to the City Council with additional recommendations beyond the September 30, 2022, end date of SB 114.
Fiscal Impact:
Employees who request time -off for qualifying COVID-19 leave shall be paid at the employee's base rate of pay, consistent with the requirements of SB 114.
City departments have already implemented industry guidance for COVID-19 control measures, including heightened sanitizing, social distancing, and face -covering in compliance with Cal/OSHA and the California Department of Public Health. Adoption of the Resolution has a financial impact on the City, as it increases the duration of available SPSL, beyond that currently approved by the City Council. SPSL is not eligible to be utilized at retirement as a cash payout or to purchase service credits. 6,da
LINDA CATHERINE LE
Chief Human Resources Officer
3 RESOLUTION NO.
A RESOLUTION OF THE CITY OF SANTA MARIA, CALIFORNIA, AMENDING RESOLUTION NO. 2022-09, THAT ADOPTED ACTIONS OF THE DIRECTOR OF EMERGENCY SERVICES REGARDING NOVEL CORONAVIRUS (COVID-19) PANDEMIC AND SUPPLEMENTAL PAID SICK LEAVE, TO BE CONSISTENT WITH SB 114 2022 CALIFORNIA SUPPLEMENTAL PAID SICK LEAVE (2022 CA-SPSL) RETROACTIVE TO JANUARY 1, 2022, THROUGH SEPTEMBER 30, 2022
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 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; October 5, 2021; and February 1, 2022, 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 the present time, the number of exposed cases within the City of Santa Maria has increased over 2,650 percent 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, continues 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 due to outbreak declarations in multiple sites across the City of Santa Maria; and
WHEREAS, on February 1, 2022, the City Council adopted Resolution No. 2022- 09 Emergency Supplemental Paid Sick Leave retroactive beginning with the pay period starting on January 15, 2022, in alignment with Cal/OSHA's 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, on February 9, 2022, Governor Newsom signed Senate Bill 114, 2022 California Supplemental Paid Sick Leave retroactive from January 1, 2022, through September 30, 2022; and
WHEREAS, the City Council is committed to ensuring a safe, healthy workplace and community, especially during times of emergency; and WHEREAS, the City Council now wishes to amend Resolution No. 2022-09 to be consistent with the SB 114 legislation enactment of leave benefits.
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: The City Council hereby adopts the 2022 California Supplemental Paid Sick Leave (2022 CA-SPSL) retroactive to January 1, 2022, through September 30, 2022, including all requirements of SB 114, as it exists currently or as amended by the State.
The City Council hereby directs the City Manager to conform the previously approved Emergency Supplemental Paid Sick Leave in accordance with SB 114.
SECTION 3: 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 15th day of February 2022.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
City Attorney
APPR V TO CONTEN t:
otti
Department Director
City' Manager