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February 8, 2022
ITEM TITLE
Employee Compensation and Bargaining Agreement: Approve MOU with the Chula Vista Mid Managers/Professional Association, SEIU Local 221; Amend Compensation for HIDTA Management Positions; and Approve Revised Compensation Schedule and Budget Amendments
Report Number: 22-0058
Location: No specific geographic location
Department: Human Resources
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Adopt resolutions: A) approving a Memorandum of Understanding (“MOU”) between the City of Chula Vista and Chula Vista Mid Managers/Professional Association ( “MM/PROF”), SEIU Local 221 , related to compensation and other terms and conditions of employment; B) amending the Compensation Schedule to reflect changes in the compensation for FA Deputy Executive Director and FA Director of SD LECC effective January 1, 2022; C) approving the revised Fiscal Year 2021/22 Compensation Schedule effective January 28, 2022, as required by California Cod e of Regulations, Title 2, Section 570.5 ; and D) making various amendments to the Fiscal Year 2021/22 budget and appropriating funds for that purpose . (4/5 Vote Required)
SUMMARY
The Memorandum of Understanding (MOU) between the City of Chula Vista and the Chula Vista Mid Managers/Professional Association (“MM/PROF”), SEIU Local 221 expired on June 30, 2021. Over the last ten months, representatives from MM/PROF and the City have worked collaboratively toward the development of a mutually beneficial successor MOU. An agreement was reached on the term of the MOU, P a g e | 2
salary and equity adjustments, non -PERSable stipends, vaccination wellness incentive, increased professional enrichment funds and floating holidays.
Additionally, per High Intensity Drug Trafficking Area (“HIDTA”) policy, the compensation for the FA (Fiscal Agent) Deputy Executive Director and FA Director of SD LECC (San Diego Law Enforcement Coordination Center) positions are tied to the Federal General Schedule (GS) Salary Table, with the most recent changes effective January 1, 2022. The Chula Vista compensation schedule needs to be updated to reflect eligible step increases based upon the Federal General Schedule salary guidelines for these two positions effective January 1, 2022.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Chula Vista Mid Managers/Professional Association Memorandum of Understanding The Memorandum of Understanding (MOU) between the City of Chula Vista and Chula Vista Mid Managers/Professional Association (“MM/PROF”), SEIU Local 221, expired on June 30, 2021. Over the last ten months, representatives from MM/PROF and the City have worked collaboratively toward the development of a mutually beneficial successor MOU.
The City and MM/PROF have met and conferred in good faith, as required by the Meyers -Milias-Brown Act (Govt. Code Section 3500 et. seq.; “MMBA”) and reached agreement on the terms of a successor MOU, including the term of the MOU (to expire December 31, 2024), salary and equity adjustments, non-PERSable stipends, and floating holidays. Below is a summary of the significant points of the agreement reached:
1. Term and Effect: February 8, 2022 to December 31, 2024
2. Salary and Equity Adjustments
a. Equity Adjustment to median based on the Department of Human Resources most recent Salary Survey and 3% salary increase for all members the pay period of adoption by City Council in open session
b. 2% Salary increase for all members the first full pay period of January 2023 c. 3% Salary increase for all members the first full pay period of January 2024
3. Non-PERSable Essential Worker Stipend
a. $2,000 in the pay period after which City Council adopts via resolution in open session
4. Vaccination Wellness Incentive
a. $3,000 vaccination wellness incentive to be paid the pay period of adoption by City Council in open session or 40 hours of COVID-19 leave for unvaccinated employees in an MM/PROF represented position that meet certain criteria
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5. Floating Holidays
Eight (8) additional hours of floating holiday per year for Fiscal Years 2021-2022, 2022-2023, 2023- 2024 and 2024-2025.
The MM/PROF membership completed their vote on the successor MOU to include the proposed salary and benefits on January 27, 2022.
Approval of Resolution A would approve the MOU between the City of Chula Vista and MM/PROF, related to compensation and other terms and conditions of employment; and authorizing the City Manager to execute the aforementioned MOU and any additional documents which may be necessary or required to implement said MOU.
Compensation for HIDTA Management Positions
The Police Department entered into an agreement with the Office of National Drug Control Policy in 1996 to be the fiscal agent for the California Border Alliance Group (C BAG), which is now referred as the San Diego/Imperial High Intensity Drug Trafficking Area (HIDTA). In essence, the City receives full funding, plus a 5% administrative fee, to hire and administer salary and benefits for HIDTA positions. To date, there ar e currently 15 HIDTA positions with the City of Chula Vista that are fully funded from the Office of National Drug Control Policy (ONDCP).
Per HIDTA policy, the FA Deputy Executive Director and FA Director of SD LECC positions are tied to the Federal General Schedule Salary Table. Approval of Resolution B will amend the City’s Compensation Schedule to reflect eligible step increases based upon the Federal General Schedule salary guidelines, as indicated in the table below.
Title Unclassified Employee
Group
Current
E Step Salary
(Bi-Weekly)
Proposed
E Step Salary
(Bi-Weekly)
FA Deputy Executive Director Yes SM $5,311.92 $5,474.85 FA Director of SD LECC Yes SM $6,248.31 $6,439.92
The salary adjustments for these two positions are retroactive to January 1, 2022 which is the effective date of the Federal General Schedule Salary Table.
Compensation Schedule Requirement
California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws. The revised Fiscal Year 2021-2022 Compensation Schedule ("Compensation Schedule") was last approved by the City Council at their meeting of January 25, 2022.
Approval of Resolution C will approve the revised Compensation Schedule effective January 28, 2022, which reflects the salary adjustments for FA Deputy Executive Director , FA Director of SD LECC and employees represented by MM/PROF.
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Budget Amendments
Approval of Resolution D will amend the budget and appropriate funds therefor.
DECISION-MAKER CONFLICT
This item is not site specific and staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Chula Vista Mid Managers/Professional Association Memorandum of Understanding The net impact to the general fund in the current year is $148,209. Staff is requesting the proposed budgetary adjustments of $248,374 reflected in the table below:
The cost of the Essential Workers Stipend and Vaccination Wellness incentive is approximately $375,365, which will be funded out of the American Rescue Plan fund appropriated by the City Council on August 24, 2021.
Compensation for HIDTA Management Positions
The City is fully reimbursed for HIDTA positions and receives a 5% administrative fee to act as a fiscal agent. The costs of the compensation adjustments for the FA Deputy Executive Director and FA Director of SD LECC will be completely offset by personnel savings of current HIDTA vacant positions, resulting in no net fiscal impact.
ONGOING FISCAL IMPACT
Chula Vista Mid Managers/Professional Association Memorandum of Understanding The ongoing impact to the general fund in fiscal year 2023 is $508,862, $718,282 in fiscal year 2024, and $855,700 in fiscal year 2025. Ongoing salary costs will be incorporated into subsequent fiscal year budgets. The fiscal impact in various funds is reflected in the table below:
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Compensation for HIDTA Management Positions
There is no ongoing fiscal impact approving the compensation of these two grant-funded positions. The proposed FY 2023 HIDTA budget will incorporate anticipated salary adjustments for these positions, and the funding from ONDCP will fully offset these costs.
ATTACHMENTS
1. Memorandum of Understanding (MOU) between the City of Chula Vista and Chula Vista Mid Managers/Professional Association (MM/PROF), SEIU Local 221, February 8, 2022 – December 31, 2024
2. Letter from the Director, San Diego Imperial Valley HIDTA
3. Revised Fiscal Year 2021-2022 Compensation Schedule effective January 28, 2022 Staff Contact: Courtney Chase, Director of Human Resources/Risk Management