2021-007 - Instructing the City Manager and City Attorney in Consultation

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WHEREAS, on December 3, 2020, California Governor Gavin Newsom extended the "Stay Home — Stay Healthy" proclamation; and WHEREAS, as of January 22, 2021, the WHO Situation Report reported a global total of 96.2 million cases of COVID-19, including 2.06 million deaths; California reported 3.12 million cases of COVID-19, including 35,701 deaths; and Orange County reported 231,000 cases of COVID-19, including 2,546 deaths; and WHEREAS, grocery stores are essential businesses operating in Santa Ana during the COVID-19 emergency making grocery workers highly vulnerable to economic insecurity and health or safety risks; and WHEREAS, grocery workers working for grocery stores are essential workers who perform services that are fundamental to the economy and health of the community during the COVID-19 crisis. They work in high risk conditions with inconsistent access to protective equipment and other safety measures; work in public situations with limited ability to engage in physical distancing; and continually expose themselves and the public to the spread of disease; and WHEREAS, premium pay, paid in addition to regular wages, is an established type of compensation for employees performing hazardous duty or work involving physical hardship that can cause extreme physical discomfort and distress; and WHEREAS, grocery workers working during the COVID-19 emergency merit additional compensation because they are performing hazardous duty due to the significant risk of exposure to the COVID-19 virus. Grocery workers have been working under these hazardous conditions for months. They are working in these hazardous conditions now and will continue to face safety risks as the virus presents an ongoing threat for an uncertain period, potentially resulting in subsequent waves of infection; and WHEREAS, the availability of grocery stores is fundamental to the health of the community and is made possible during the COVID-19 emergency because grocery workers are on the frontlines of this devastating pandemic supporting public health, safety, and welfare by working in hazardous situations; and WHEREAS, establishing an immediate requirement for grocery stores to provide premium pay to grocery workers protects public health, supports stable incomes, promotes job retention by ensuring that grocery workers are compensated for the substantial risks, efforts, and expenses they are undertaking to provide essential services in a safe and reliable manner during the COVID-19 emergency. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa Ana hereby finds, determines and declares as follows Resolution No. 2021-007 Page 2 of 4