HomeMy Public PortalAbout06_10A_Overview of Temporary Emergency Action_Staff ReportADMINISTRATIVE SERVICES DEPARTMENT
MEMORANDUM
DATE: January 5, 2021
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
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 January 31, 2021.
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
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
AGENDA
ITEM 10.A.
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Coronavirus Response Act (“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.
11. On May 26, 2020, City Council directed the City Manager to continue the
implementation of paid administrative leave for employees not working or working
from home from June 1, 2020 to June 19, 2020. Then, extended paid administrative
leave from June 20, 2020 to June 30, 2020 for all employees excluding Senior
Recreation Leaders and Recreation Leaders (to be paid for time worked only after
June 19, 2020.
12. On June 29, 2020, City Council directed the City Manager to continue the
implementation of paid administrative leave for employees (excluding Senior
Recreation Leaders and Recreation Leaders) through August 10, 2020.
13. On July 20, 2020, City Hall was opened for appointment only to the public subject to
health protocols and measures. Adhering to strict health and safety guidelines,
measured occupancy levels, staff report at City Hall on a staggered schedule. Field
staff report to City and Park Maintenance yards and adhere to strict health and
safety guidelines.
14. On July 21, 2020, City Council directed the City Manager to continue the
implementation of paid administrative leave for employees (excluding Senior
Recreation Leaders and Recreation Leaders) through September 30, 2020.
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15. On September 15, 2020, City Council directed the City Manager to continue the
implementation of paid administrative leave for employees (excluding Senior
Recreation Leaders and Recreation Leaders) through November 30, 2020.
16. On November 4, 2020, City Council directed the City Manager to continue the
implementation of paid administrative leave for employees (excluding Senior
Recreation Leaders and Recreation Leaders) through January 31, 2021.
17. Effective on November 25, 2020 to December 20, 2020, the County of Los Angeles
Health Officer issued a revised temporary Safer at Home order that includes that all
persons who can telework or work from home should continue to do so as much as
possible.
18. On December 19, 2020 to December 27, 2020, the County of Los Angeles Health
Officer issued a revised temporary targeted Safer at Home order that includes that
all persons who can telework or work from home should continue to do so as much
as possible.
ANALYSIS:
Before the expiration date of January 31, 2021, the City Manager is seeking direction
from the Council regarding those members of staff who fall into the category of receiving
paid administrative leave excluding Senior Recreation Leaders and Recreation Leaders.
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. The program has allowed for the continuity of
service to the community and allowed for the City to create a work environment that
allows for proper protocols and operations consistent with nation’s health protection
agency, the Center for Disease Control and Prevention and the County of Los Angeles
Department of Public Health (“CLADPH”) guidelines. Without this tool of Administrative
Leave, it would be very difficult to appropriately schedule work through this event and
hence provide service to the public.
Since March 18, 2020, City Hall and other City facilities have been closed in following
the CLADPH guidelines and employees working from home or receiving paid
administrative leave for non-worked hours. However, on July 20, 2020, City employees
returned to the offices on a one-day per week staggered schedule. Additionally, walk-in
appointments from the public are accepted during this staggered schedule.
Since November 13, 2020, the County of Los Angeles (County) reported increase in
newly diagnosed COVID-19 cases per day. On December 19, 2020, CLADPH issued a
revised temporary targeted Safer at Home order for the control of the COVID-19’s
substantial surge in positive cases, hospitalizations and deaths. This order is in place
until December 27, 2020 which includes all persons who can telework or work from
home to continue to do so during the pandemic. However, it may be extended if the
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projections for the Southern California Region’s (Region) total available adult Intensive
Care Unit (ICU) bed capacity is less than 15%. As of December 19, 2020, the County
is averaging 13,727 newly diagnosed COVID-19 cases per day for the last seven (7)
calendar days. In addition, the ICU bed admissions rose and, per the California
Department of Public Health, there are no additional ICU bed capacity within the
Region. The CLADPH Health Officer expects both the number of new cases and
hospitalization, including ICU adult admissions in the Region, to continue to increase.
On November 24, 2020, due to the County’s significant increases in positive cases, City
employees were ordered to work from home again with the exception of essential
workers who performed necessary maintenance for safety reasons on a revised
schedule. Appointments from the public also returned to only telephone calls or virtual
meetings with staff.
City employees have been receiving paid administrative leave for non-worked hours
during this stay-at-home health order and is set to expire on January 31, 2021. Below
are the estimated costs for the continuance of paid administrative leave for the following
two months expiring on March 31, 2021. These costs are budgeted in the adopted
Fiscal Year 2020-2021 budget in the form of regular employee compensation. Hence,
no additional appropriation is required.
Period: Assumptions Est. Cost:
February 1, 2021 to March
31, 2021
All employees excluding Senior
Recreation Leaders and Recreation
Leader
$56,750
The increase in the amount is similar to the initial stay-at-home order costs that began
in March 2020 when employees were ordered to work from home, or, perform only
immediate and essential duties onsite and, then, were requested to go home for the rest
of the day. These orders were to mitigate the potential COVID-19 transmission to
employees and the community.
Please note that the City continues to be legally obligated to provide at least a partially-
compensated leave under the Families First Coronavirus Response Act (Act) 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 employees,
regardless of administrative leave program, would continue.
The City will continue to monitor the impacts of COVID-19 and implement
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.
In conclusion, 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
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following:
Paid administrative leave for the period February 1, 2021 to March
31, 2021 for all employees except for Senior Recreation Leaders and
Recreation Leaders (who will be paid for time worked only); 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 the Act 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.