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July 11, 2023
ITEM TITLE
Employee Compensation, Bargaining Agreement and Positions: Approve a Memorandum of Understanding with Non-Safety IAFF; Revised Compensation Schedule; Revised Compensation Summary for Unrepresented Employees; Amended Position Count; and Budget Amendments
Report Number: 23-0163
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 Non-Safety Local 2180 International Association of Firefighters (“Non -Safety IAFF”) related to compensation and other terms and conditions of employment; B) Approving the Revised Compensation Summary for Unrepresented Employees; C) Identifying the terms and conditions for Fire Department response away from their official duty station and assigned to an emergency incident ; D) Approving the revised Fiscal Year 2021-2022 Compensation Schedule effective July 14, 2023, as required by California Code of Regulations., Title 2, Section 570.5 ; E) Amending the authorized position count in various departments and F) Amending the Fiscal Year 2023-24 budget to appropriate funds, accordingly. (4/5 Vote Required)
SUMMARY
The MOU between the City of Chula Vista and Non-Safety IAFF expired on June 30, 2023. Over a two-month period, representatives from IAFF and the City have worked collaboratively toward the development of a mutually beneficial MOU. An agreement was reached on a successor MOU to include the term of the MOU, salary adjustments, creation of administrative assignment classifications, and compensatory time. Salary adjustments for positions repres ented by Non -Safety IAFF, as well as their non -represented, hourly counterparts, necessitate amendments to the City’s Compensation Schedule.
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Additionally, in an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing an updated resolution for Fire Department responses to emergency incidents and amending the authorized position count in various departments.
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, pursua nt 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
Non-Safety IAFF MOU
The MOU between the City of Chula Vista and Non-Safety IAFF, expired on June 30, 2023. Over the last few months, representatives from IAFF and the City have worked collaboratively toward the development of a mutually beneficial MOU.
The City and IAFF 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 June 30, 2026) , salary and equity adjustments, creation of adminis trative assignments, and compensatory time. Below is a summary of the significant points of the agreement reached:
1. Term and Effect: July 11, 2023 to June 30, 2026
2. Salary and Equity Adjustments
a. Emergency Medical Technician (Non-Safety)
i. 7% salary adjustment in the pay period after which City Council adopts via resolution in open session
ii. 3% salary adjustment effective the first full pay period of July 2024 iii. 3% salary adjustment effective the first full pay period of July 2025 b. Paramedic (Non-Safety)
i. 7% salary adjustment in the pay period after which City Council adopts via resolution in open session
ii. 2% equity adjustment effective the first full pay period of January 2024 iii. 2% salary adjustment effective the first full pay period of July 2024 iv. 2% equity adjustment effective the first full pay period of January 2025 v. 2% salary adjustment effective the first full pay period of July 2025
3. Creation of Administrative Assignment Classifications a. Creation of 40-hour schedule Emergency Medical Technician (Non-Safety) and Paramedic (Non-Safety) classifications
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4. Compensatory Time
a. Increase employee discretion from 56 to 60 hours
b. Increase Fire Chief discretion from 112 to 120 hours c. Maintain accrual of compensatory time as pilot program The Non-Safety IAFF membership ratified their vote on a successor MOU to include the proposed salary and benefits on July 4, 2023.
Adoption of Resolution A approves the MOU between the City of Chula Vista and Non-Safety IAFF, related to compensation and other terms and conditions of emplo yment and authorizes the City Manager to execute the aforementioned MOU and any additional documents which may be necessary or required to implement said MOU.
Compensation Summary for Unrepresented Employees
The term “ cell phone allowance ” for all unrepres ented groups has been replaced with “ cell phone and technology allowance” to comply with IRS guidelines. There is no fiscal impact associated with this update.
Adoption of Resolution B will approve the revised Compensation Summary for Unrepresented Employees to reflect this change.
Fire Department Response Away from Their Official Duty Station and Assigned to an Emergency Incident
On November 8, 2022 , Council adopted Resolution 22-0282, providing portal-to-portal compensation and the ability for the City to be reimbursed by the State of California Office of Emergency Services (Cal OES) or the agency requesting aid. Portal -to-portal compensation is calc ulated from when the expense is incurred, i.e., the moment a staff and/or equipment resource is dispatched from their home base until they return to their home base. This is important to participants of the C alifornia Fire Assistance Agreement (CFAA) because when aid is provided, they are reimbursed for all costs associated with the aid assignment. This includes personnel expenses for Chula Vista Fire Department response personnel on the aid assignment, as well as the cost to backfill behind them while deployed on the aid assignment. Portal- to-portal also applies to apparatus and equipment which have associated use fees. Portal -to-portal compensation is the current practice used by the Chula Vista Fire Department in accordance with the MOU between the City of Chula Vista and Local 2180 International Association of Firefighters (IAFF). Chula Vista Fire Department response personnel includes Fire Chief, Deputy Fire Chief, Fire Division Chief, Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter/Paramedic, Firefighter, Emergency Medical Technician (Non-Safety), Paramedic (Non- Safety), and Fire Prevention/ Investigation and Fire Mechanic/Equipment Mechanic personnel.
Cal OES did not accept Resolution 22 -0282 as approved and provided requested amendmen ts to the resolution. The adoption of Resolution C will incorporate Cal OES’s requested changes and identify the terms and conditions in which Chula Vista Fire Department response personnel and the personnel necessary to backfill behind them are compensated portal-to-portal while on an aid assignment under the CFAA.
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 lim ited 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 P a g e | 4
applicable public meeting laws. The Fiscal Year 202 3-2024 Compensation Schedule ( “Compensation Schedule”) was approved by the City Council at their meeting of June 13, 2023.
Adoption of Resolution D approves the revised Compensation Schedule effective July 14, 2023, which reflects the salary adjustments for positions represented by Non-Safety IAFF and their unrepresented counterparts.
Authorized Position Counts in Various Departments
In an effort to address the needs of various departments, the community they serve and the City’s workforce, the Human Resources Department, in conjunction with the affected departments , is proposing certain position changes. The following identifies the affected positions and proposed changes.
Department Position Title FTE
Environmental Services Fund
Economic Development
Conservation Specialist II -2.00
Recycling Specialist II 2.00
Environmental Services Fund Total 0.00
General Fund
Finance
Accounting Assistant -1.00
Accounting Technician 1.00
General Fund Total 0.00
ALS (Transport Fund)
Fire
Paramedic (Non-Safety) 3.00
Emergency Medical Technician (Non-Safety) 5.00
ALS Fund Total 8.00
Total City-Wide Position Changes (Net Increase/Decrease) 8.00
The addition of 4.00 FTE Emergency Medical Technician (Non-Safety) and increasing the hourly budget the equivalent of an additional 4.00 FTE Emergency Medical Technician (Non -Safety) will add two Basic Life Support (BLS) ambulances to the system during peak-volume hours to allow for increased system coverage.
Each BLS ambulance will be staffed with one full-time Emergency Medical Technician (Non-Safety) and one hourly, non-benefited Emergency Medical Technician (Non -Safety). The City met and conferred with Non- Safety IAFF to provide this staffing model. This will require the acquisition of one additional ambulance.
The additional 1.00 FTE Emergency Medical Technician (Non-Safety) and 1.00 FTE Paramedic (Non-Safety) will allow increased service of Medic 52 from 13.5 hours per day to 24-hour coverage when staffing quarters are available.
The addition of 2.00 FTE Paramedic (Non -Safety) will be administrative assignments that will allow for necessary quality assurance, reporting compliance, training, education, and other support activities for the Transport program. This will also require the acquisition of two staff vehicles for on-duty work.
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Adoption of Resolution E amends the authorized position count in the Economic Development, Finance and Fire Departments.
Budget Amendments
Approval of Resolution F will amend the budget and appropriate fu nds in the amount of $ 2,143,580 to the fiscal year 2023-24 Transport Enterprise Fund budget in the Fire Department, resulting in no net impact to the Transport Enterprise Fund, as a result of position changes and capital purchases described above.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
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
The current-year fiscal impact will increase both revenue and expenditures in the Transport Enterprise Fund for the Fire Department by $2,143,580, resulting in no net fiscal impact.
Funding for the Accounting Technician will be offset via transfer to the General Fund through anticipated salary savings in the Sewer Fund, resulting in no net fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
The ongoing costs associated with these proposed changes are estimated at approximately $1,808,151. The costs will be incorporated into the baseline salary budgets of the respective departments in future fiscal years.
All costs associated with the proposed action are borne by either the Sewer Fund or the Transport Enterprise Fund, resulting in no ongoing fiscal impact to the General Fund.
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ATTACHMENTS
1. Tentative Agreement between the City of Chula Vista and Non-Safety Local 2180 International Association of Fire Fighters (“Non-Safety IAFF”)
2. Memorandum of Understanding (MOU) between the City of Chula Vista and Non-Safety Local 2180 International Association of Fire Fighters (“Non-Safety IAFF”), July 11, 2023 – June 30, 2026
3. Amended Compensation Summary for Executive Management, Senior Management, Unclassified Middle Management/Professional, Confidential Middle Management/Professional, Unclassified Confidential, Confidential Classified, Mayor, Council, City Attorney and Unclassified Hourly Employees for Fiscal Year 2021-2022, 2022-2023 and 2023-2024
4. Revised Fiscal Year 2023-2024 Compensation Schedule effective July 14, 2023 Staff Contact: Courtney Chase, Director of Human Resources/Risk Management