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HomeMy Public PortalAboutStaff Report-COVID-19-May 26 2020AGENDA ITEM 5.A. ADMINISTRATIVE SERVICES DEPARTMENT MEMORANDUM DATE: May 26, 2020 TO: The Honorable City Council FROM: Bryan Cook, City Manager Via: Susan Paragas, Administrative Services Director SUBJECT: OVERVIEW OF TEMPORARY EMERGENCY ACTION RELATED TO CONTINUITY OF CITY SERVICES AND PERSONNEL AND REQUEST FOR DIRECTION RECOMMENDATION: The City Council is recommended to provide direction as to how the City Manager, as the Director of Emergency Services, is to proceed regarding certain personnel status for City staff and the budgetary considerations associated with such status in the time period after his emergency authority expires on May 31, 2020. BACKGROUND: 1. On January 21, 2020, the first case of the Novel Coronavirus 2019 (COVID-19) was reported. 2. On March 4, 2020, the Health Officer of Los Angeles County declared a local health emergency regarding COVID-19 and the Los Angeles County Board of Supervisors concurrently proclaimed the existence of a local emergency for the County of Los Angeles. 3. On March 4, 2020, Governor Newsom of the State of California declared a State of Emergency in response to the COVID-19. 4. On March 13, 2020, the City Council adopted Resolution No. 20-5457, declaring a local state of emergency which gave authority to the City Manager in his role as Director of Emergency Services to implement measures in line with state and county health officials’ recommendations to slow the spread of COVID-19 while not City Council May 26, 2020 Page 2 impacting critical services. 5. On March 18, 2020, in an abundance of caution for the health and safety of City staff and patrons, the City indefinitely closed City buildings to the public and modified services. On the same day, the United States Senate passed the Families First Coronavirus Response Act (the Act) with President Trump signing the bill into law shortly thereafter. 6. On March 19, 2020, to mitigate the spread of COVID-19, state and county officials ordered residents to stay home or at their place of residence. On the same day, with the authorization granted by the declaration of local emergency, the City Manager ordered some staff to work from home, though essential office workers are to come to the office if needed and if sufficient distancing is maintainable, and essential field staff are to practice all safety and social distancing related to such work in the field. 7. On March 31, 2020, City Council directed the City Manager to continue the implementation of paid administrative leave for employees not working or working from home from April 3, 2020 to May 1, 2020. 8. On April 10, 2020, the County of Los Angeles extended its order requiring residents to stay home or at their place of residence through the date of May 15, 2020. 9. On April 21, 2020, City Council directed the City Manager to continue the implementation of paid administrative leave for employees not working or working from home from May 2, 2020 to May 15, 2020. 10. On May 5, 2020, City Council directed the City Manager to continue the implementation of paid administrative leave for employees not working or working from home from May 16, 2020 to May 31, 2020. ANALYSIS: Before the expiration date of May 31, 2020, the City Manager is seeking direction from the Council regarding those members of staff who fall into the category of receiving paid administrative leave. Paid administrative leave is a tool that permits the City to temporarily compensate an employee who is ready and able to work but whom the City has directed to remain away from the workplace in the City’s interest. At this time, the County of Los Angeles Department of Public Health (CLADPH) orders allow for retailers and manufacturers, select recreational facilities, and beaches to reopen and require specific higher-risk businesses to remain closed. Retailers remain closed to public entry and beaches are open for active recreation only. While many outdoor spaces are open, public and private gatherings of any number of people outside of a single household unit are still not permitted. Everyone must continue to follow distancing and infection control protocols, stay at least six feet apart, wear a clean cloth City Council May 26, 2020 Page 3 face covering that securely covers both your nose and mouth when in contact with other people not in their household and stay at home as much as possible. Los Angeles County is currently in stage two (2) of the five-stage Roadmap to Recovery and until the final stage five (5) is reached, Health Officer Orders and directives will continue to ensure that spread of COVID-19 is slowed down to prevent an overwhelming surge of COVID-19 cases. Stage 2 includes that offices continue teleworking for as many employees as possible. Stage 3 and Stage 4 continue teleworking, but offices can open at 50% and 75% occupancy, respectively. The roadmap allows for offices to open 100% at Stage 5. Therefore, until CLADPH allows offices to resume operations, many City employees continue to work away from City Hall and other City facilities, or have significantly limited their hours of work at City Hall and other City facilities since March 18, 2020 which include temporary closure of City buildings to the public and cancellation of recreation programs. City employees have been receiving paid administrative leave for non-worked hours and is set to expire on May 31, 2020. Below are the estimated costs for continued paid administrative leave after May 31, 2020: Period: Assumptions Est. Cost: June 1 to June 19, 2020 (2.5-week pay period) All employees. $ 49,365 June 20 to June 30, 2020 All employees excluding Senior Recreation Leaders and Recreation Leader (to be paid for time worked only after June 19th) $ 5,210 Please note that the costs through June 30, 2020 are budgeted in the current fiscal year 2019-2020 in the form of regular employee compensation. Hence, no additional appropriation is required at this time. However, because of the cancellation of major recreation programs and adjustments to on-line programming, the City will not continue to provide compensation for unworked hours after June 19, 2020 to Senior Recreation Leaders and Recreation Leaders. Therefore, they will be paid for time worked only. The City is not eliminating any of these positions or conducting any layoffs. They will remain as employees of the City but will have less hours than their normal schedules until the City returns to its regular programming. Please note that the City continues to be legally obligated to provide at least a partially- compensated leave under the new Families First Coronavirus Response Act (FFCRA) to eligible employees for qualifying reasons. The Act went into effect on April 1, 2020, and, where applicable, will require the City to provide leave upon an employee’s request. The availability of emergency paid sick leave and extended FMLA leave to all City Council May 26, 2020 Page 4 employees, regardless of emergency administrative leave program, would continue. CONCLUSION The City will continue to monitor the impacts of COVID-19 and implementing recommendations of State and County health officials. Staff continues to respond quickly with the safety and well-being of the community and City employees as its priority while closely monitoring the effect to the City’s long-term financial health. To address the impact of City employees not working or working from home, the Council is asked to consider directing the City Manager to implement the following: Paid administrative leave for the period June 1, 2020 to June 30, 2020 for all employees except for Senior Recreation Leaders and Recreation Leaders who will be paid for time worked only effective June 20, 2020 due to changes in recreational programs.; or An alternative approach such as: a. Use of Accrued Leave; or b. Reduction in Hours; or c. Furloughs Regardless of the direction, the City will be bound by FFCRA and the financial implications thereof. CITY STRATEGIC GOALS: Actions contained in this report align with the City’s strategic goal of good governance. FISCAL IMPACT: There are no additional appropriations recommended at this time.