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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. City Council January 5, 2021 Page 2 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. City Council January 5, 2021 Page 3 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 City Council January 5, 2021 Page 4 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 City Council January 5, 2021 Page 5 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.