REPORT TO THE CITY COUNCIL FROM: JERRY DYER, Mayor Office of Mayor & City Manager BY: GREGORY A. BARFIELD, Assistant City Manager Office of Mayor & City Manager SUBJECT ..Title Actions pertaining to COVID-19 emergency: 1. ***RESOLUTION - Confirming the termination of the local emergency related to COVID-19 (Subject to Mayor's Veto) 2. ***RESOLUTION - Adopting Administrative Order on COVID-19 applicable to City Council and City Council staff, the City Attorney and City Attorney staff, and the City Clerk and City Clerk staff (Subject to Mayor's Veto) ..Body RECOMMENDATION The Mayor is recommending the termination of the local state of emergency proclamation related to COVID-19 and moving to a more long-term endemic strategy that addresses Cal-OHSA, California Department of Public Health and local guidance regarding ensuring the ongoing safety of our employees and the residents of the city based on improved conditions. The Mayor's Emergency Proclamation on COVID and preceding Emergency Orders would be replaced by an Administrative Order on COVID-19 On April 21, 2022 a Workshop was presented to the City Council to discuss the status of the pandemic and the effects of terminating the Mayor's Emergency Proclamation and other actions taken by the city through ordinance, orders, and guidance related to COVID-19 and the pandemic. The workshop discussion focused on implementing an alternative process that can nimbly respond to any rise or drop in cases. This will be accomplished using data such as number of employees testing positive for COVID-19, number of employees in isolation by department/function, number of COVID positive persons in ICU, and COVID hospitalizations. In addition, several of the ordinances previously adopted by Council were discussed. In addition, the Mayor recommends that Council Adopt the Resolution Adopting Administrative Order on COVID-19 so that the terms are applicable to City Council and City Council staff, the City Attorney and City Attorney staff, and the City Clerk and City Clerk staff. This will ensure equal application of COVID protocols to employees, regardless of their reporting relationship. EXECUTIVE SUMMARY After two years of living under a local emergency order as well as state and national emergency orders, our city has spent millions of dollars on testing, masks, sanitization, cleaning supplies, plexiglass, and technology to allow for remote working in response to the COVID-19 pandemic. The Mayor is now recommending the termination of the local emergency order based on better conditions in local case counts, hospitalizations of COVID positive persons including those needing ICU bed space, and the development of vaccines to help slow the rates of death from COVID-19. While there has been an increase in the number of cases locally, it does not necessitate the need for an Emergency Proclamation. Lifting the local Emergency Proclamation will eliminate all active Emergency Orders including (EO) 2021-02 (Modified COVID-19 Emergency Order); which includes EO 2020-09 (Employee COVID-19 Self-Screening); EO 2020-10 (Employee Leave Pay); and EO 2020-15 (Telework by City Employees). Activities covered under these Emergency Orders will be replaced with an Administrative Order (AO) on COVID 19 that will provide for the necessary processes to protect our employees and the public. Telework will be addressed in a separate AO under development to allow for continuation of remote work under certain circumstances moving forward. The AO will provide instruction to City employees on a number of items, including: completion of daily self-screening; contact tracing, reporting of COVID positive cases by location, isolation of those with symptoms or close contact; suspension of the weekly testing for unvaccinated employees; masking on Public Transit and inside Airports; weekly fogging and encouragement of daily sanitizing of all city facilities, offices, vehicles and buses; a strong recommendation to wear a mask inside city facilities and vehicles; encouragement of virtual meetings when possible; and encouragement to avoid social gatherings such as potlucks and office celebrations with shared food to comply with CAL-OHSA, California Department of Health and local Fresno County Department of Public Health guidance. The AO will also encourage all new employees to be vaccinated; however, should weekly testing of non-vaccinated employees resume, those without verification of vaccination, would be subject to testing. All new employees under 18 would be exempted. If needed, the AO is flexible enough to allow for the tightening of restrictions to address current and future surges in cases and increased transmission of the virus to ensure the safety of employees and the community we serve and live in. This will be accomplished using data such as number of employees testing positive for COVID, number of employees in isolation by department/function, number of COVID positive persons in ICU and COVID hospitalizations. BACKGROUND Since Mid-March of 2020 when the world shut down, the City of Fresno saw the closing of many businesses, all schools, gyms, restaurants, barbershops, entertainment, and sporting events. The entire country, including the State of California and the City of Fresno saw an evolution of large venues being used as testing sites and many deaths worldwide before the development of vaccines to combat COVID-19. In late 2020 and early 2021 four vaccines were developed and approved for emergency use: AstraZeneca, Moderna, Pfizer and Johnson and Johnson. Large testing sites were transitioned into vaccination sites to slow the death rate from COVID-19. We have seen the virus mutate and were introduced to various variants that caused summer and winter spikes in the number of cases which resulted in spikes in deaths, most recently among unvaccinated persons. To combat COVID-19, the City of Fresno spent millions of dollars on testing, masks, sanitization, cleaning supplies, plexiglass, and technology to allow for remote working. The beginning of 2022 showed very high case numbers because of the Omicron variant but in the following months, a steep drop in cases, reductions in hospitalizations and reductions in regulatory requirements. This allowed us to return to a more normal life living with COVID-19. The Administration recommends that the local Emergency Proclamation be terminated as the City has transitioned to a more long-term endemic strategy to address Cal-OHSA, California Department of Public Health and local requirements to ensure the ongoing safety of our employees and the residents of the city. While there has been a recent uptick in the number of cases locally, it does not necessitate the need for an Emergency Proclamation to remain in place. Lifting the local Emergency Proclamation will eliminate all active Emergency Orders including (EO) 2021-02 (Modified COVID-19 Emergency Order); which includes EO 2020-09 (Employee COVID-19 Self-Screening); EO 2020-10 (Employee Leave Pay); and EO 2020-15 (Telework by City Employees). Activities covered under these Emergency Orders will be replaced with an Administrative Order (AO) on COVID 19 that will provide for the necessary processes to protect our employees and the public. Telework will be addressed in a separate Administrative Order under development to allow for continuation of remote work under certain circumstances moving forward. The AO will provide instruction to City employees on a number of items, including: completion of daily self-screening; contact tracing, reporting of COVID positive cases by location, isolation of those with symptoms or close contact; suspension of the weekly testing for unvaccinated employees; masking on Public Transit and inside Airports; weekly fogging and encouragement of daily sanitizing of all city facilities, offices, vehicles and buses; a strong recommendation to wear a mask inside city facilities and vehicles; encouragement of virtual meetings when possible; and encouragement to avoid social gatherings such as potlucks and office celebrations with shared food to comply with CAL-OHSA, California Department of Health and local Fresno County Department of Public Health guidance. The AO will also encourage all new employees to be vaccinated; however, should weekly testing of non-vaccinated employees resume, those without verification of vaccination, would be subject to testing. All new employees under 18 would be exempted. This Administrative Order on COVID-19 is flexible enough to allow for the tightening of restrictions to address current and future surges in cases and increased transmission of the virus to ensure the safety of employees and the community we serve and live in. This will be accomplished using data such as number of employees testing positive for COVID, number of employees in isolation by department/function, number of COVID positive persons in ICU and COVID hospitalizations. ENVIRONMENTAL FINDINGS This is not a project subject to CQEA. LOCAL PREFERENCE Local preference is not applicable FISCAL IMPACT There is no fiscal impact on our General Fund Attachments: Proclamation of the Mayor Termination of Local Emergency Resolution of Council Confirming the Termination of Local Emergency Resolution Adopting Administrative Order on COVID-19