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cc 2024 AR 01/09 vcea, vffa, vcma letters of agreement

Vista City Council
January 9, 2024

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cc 2024 AR 01/09 vcea, vffa, vcma letters of agreement
Meeting
January 9, 2024
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Vista City Council
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15
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ACTION:
____________________________
Clerk/Secretary
Department: Human Resources Item No: C4
Prepared by:

Anna Semenov, Principal HR Analyst
Dolores Gascon, Human Resources Director Meeting Date: January 9, 2024 Approved by: John Conley, City Manager Agenda Location: Consent SUBJECT: LETTERS OF AGREEMENT WITH THE VISTA CITY EMPLOYEES’ ASSOCIATION, THE VISTA FIREFIGHTERS’ ASSOCIATION, AND THE VISTA CITY MAINTENANCE

ASSOCIATION REGARDING TEMPORARY EMPLOYEES
RECOMMENDATION:

1.Adopt City Council Resolution No. 2024- , approving a Letter of Agreement between the City of Vista and the Vista City Employees’ Association and repealing the provisions of any resolutions in conflict herewith.

2.Adopt City Council Resolution No. 2024- , approving a Letter of Agreement between the City of Vista and the Vista Firefighters’ Association and repealing the provisions of any resolutions in conflict herewith.

3.Adopt City Council Resolution No. 2024- , approving a Letter of Agreement between the City of Vista and the Vista City Maintenance Association and repealing the provisions of any resolutions in conflict herewith.

CORRELATION TO CITY COUNCIL GOALS: Public Safety, and Fiscal Responsibility.

PRIOR ACTION: On August 8, 2023, adopted City Council Resolution No. 2023-140, approving a letter of agreement between the City of Vista and the Vista City Employees’ Association and repealing the provisions of any resolutions in conflict herewith; adopted City Council Resolution No. 2023-141, approving a letter of agreement between the City of Vista and the Vista City Maintenance Association and repealing the provisions of any resolutions in conflict herewith; adopted City Council Resolution No. 2023- 142, amending the Management and Confidential Employee Compensation Plan and repealing the provisions of any resolutions in conflict herewith; and adopted City Council Resolution No. 2023-143, approving a letter of agreement between the City of Vista and the Vista Firefighters’ Association and repealing the provisions of any resolutions in conflict herewith (Vote: 5-0).

A comprehensive list of prior City Council actions is included as Exhibit 4.

STATEMENT ON THE SUBJECT: In compliance with recently enacted Assembly Bill 1484, representatives of the City of Vista met and conferred with the Vista City Employees’ Association (VCEA), Vista Firefighters’ Association (VFFA) and the Vista City Maintenance Association (VCMA) and reached an agreement concerning temporary employees. Assembly Bill 1484 took effect on January 1, 2024, and AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted the following: City Council Resolution No. 2024-1, Vote:
5-0; City Council Resolution No. 2024-2, Vote:5-0; City Council Resolution No. 2024-3, Vote: 5-0.

MEETING DATE: January 9, 2024 PAGE 2

SUBJECT: LETTERS OF AGREEMENT WITH THE VISTA CITY EMPLOYEES’ ASSOCIATION, THE VISTA FIREFIGHTERS’ ASSOCIATION, AND THE VISTA CITY MAINTENANCE

ASSOCIATION REGARDING TEMPORARY EMPLOYEES
enhanced the representational rights of temporary employees of local government agencies in the state.

This includes the right to form, join, and be represented by an employee organization.

Letters of Agreement (LOA) have been established with the VCEA, VFFA, and VCMA and mirror the current structure for temporary employee benefits. The LOAs are included in this report as Exhibits 1A, 2A, and 3A and outlined below:
• Temporary positions are defined in section 4.1.4 of the Personnel Rules. • Temporary positions are “at-will” and have no guarantee of hours. • Temporary employees shall be enrolled in a federally compliant program for part-time, seasonal employees. Employees who work more than 995 hours in a fiscal year shall be enrolled in PERS. • Temporary employees shall receive sick leave in accordance with Administrative Policy 15-1, Sick Leave for Temporary Employees.
• Temporary employees of each unit shall be eligible for Group Insurance upon completion of 1,560 hours within the City’s 12-month lookback period.
• Temporary employees shall be granted Bereavement Leave in accordance with City Personnel Rule 9.3 Bereavement Leave.
• Temporary employees shall follow the Grievance Procedures as outlined in each respective VCEA, VFFA, and VCMA MOU article.

FISCAL IMPACT: Staff anticipates minimal fiscal impact.

EXHIBITS:

1. City Council Resolution No. 2024- , approving a Letter of Agreement between the City of Vista and the Vista City Employees’ Association and repealing the provisions of any resolutions in conflict herewith. 1A. Letter of Agreement with VCEA

2. City Council Resolution No. 2024- , approving a Letter of Agreement between the City of Vista and the Vista Firefighters’ Association and repealing the provisions of any resolutions in conflict herewith. 2A. Letter of Agreement with VFFA

3. City Council Resolution No. 2024- , approving a Letter of Agreement between the City of Vista and the Vista City Maintenance Association and repealing the provisions of any resolutions in conflict herewith. 3A. Letter of Agreement with VCMA

4. Prior City Council Actions

01/09/2024 C4 2 of 15

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY OF VISTA AND THE VISTA CITY EMPLOYEES’ ASSOCIATION

AND REPEALING THE PROVISIONS OF ANY RESOLUTIONS

IN CONFLICT HEREWITH
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. Authorized representatives of the City of Vista have met and conferred with representatives of the Vista City Employees’ Association (VCEA), a recognized employee organization representing certain employees of the City of Vista. The City Council approved a Memorandum of Understanding with VCEA by adoption of Resolution 2020-136 on August 24, 2021.

B. As a result of the meet and confer process a Letter of Agreement has been reached with the representatives of VCEA for implementing changes to the existing Memorandum of Understanding. These changes concern temporary employees in compliance with recently enacted Assembly Bill 1484.

C. The City Council desires to approve a Letter of Agreement with VCEA.

2. Action.

A. The Letter of Agreement by and between the City of Vista representatives and the representatives of the Vista City Employees’ Association, a copy which is on file and available for inspection in the Office of the City Clerk and incorporated herein by reference, is approved.

B. The City Manager is directed and authorized to take all necessary and appropriate action with respect to implementation of the terms and conditions of the Letter of Agreement.

C. The provisions of any resolutions in conflict herewith are repealed and shall be of no further force or effect after January 9, 2024.
[Continued on page 2]
01/09/2024 C4 3 of 15
EXHIBIT 1

RESOLUTION NO. 2024-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00091311 2

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on January 9, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

JOHN FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

APPROVED
Walter C. Chung
20231221092109
01/09/2024 C4 4 of 15

01/09/2024 C4 5 of 15

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING A LETTER OF AGREEMENT BETWEEN THE CITY OF VISTA AND THE VISTA CITY FIREFIGHTERS’ ASSOCIATION

AND REPEALING THE PROVISIONS OF ANY RESOLUTIONS IN CONFLICT

HEREWITH
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. Authorized representatives of the City of Vista have met and conferred with representatives of the Vista City Firefighters’ Association (VFFA), a recognized employee organization representing certain employees of the City of Vista. The City Council approved a Memorandum of Understanding with VFFA by adoption of Resolution 2021-131 on August 10, 2021.

B. As a result of the meet and confer process a Letter of Agreement has been reached with the representatives of VFFA for implementing changes to the existing Memorandum of Understanding. These changes concern temporary employees in compliance with recently enacted Assembly Bill 1484.

C. The City Council desires to approve a Letter of Agreement with VFFA.

2. Action.

A. The Letter of Agreement by and between the City of Vista representatives and the representatives of the Vista City Firefighters Association, a copy which is on file and available for inspection in the Office of the City Clerk and incorporated herein by reference, is approved.

B. The City Manager is directed and authorized to take all necessary and appropriate action with respect to implementation of the terms and conditions of the Letter of Agreement.

C. The provisions of any resolutions in conflict herewith are repealed and shall be of no further force or effect after January 9, 2024.
[Continued on page 2]
01/09/2024 C4 6 of 15
EXHIBIT 2

RESOLUTION NO. 2024-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00091311 2

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on January 9, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

JOHN FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

APPROVED
Walter C. Chung
20231221092201
01/09/2024 C4 7 of 15

01/09/2024 C4 8 of 15

01/09/2024 C4 9 of 15

01/09/2024 C4 10 of 15

RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING A LETTER OF AGREEMENT BETWEEN

THE CITY OF VISTA AND THE VISTA CITY MAINTENANCE ASSOCIATION

AND REPEALING THE PROVISIONS OF ANY RESOLUTIONS IN CONFLICT

HEREWITH
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. Authorized representatives of the City of Vista have met and conferred with representatives of the Vista City Maintenance Association (VCMA), a recognized employee organization representing certain employees of the City of Vista. The City Council approved a Memorandum of Understanding with VCMA by adoption of Resolution 2021-132 on August 10, 2021.

B. As a result of the meet and confer process a Letter of Agreement has been reached with the representatives of VCMA for implementing changes to the existing Memorandum of Understanding. These changes concern temporary employees in compliance with recently enacted Assembly Bill 1484.

C. The City Council desires to approve a Letter of Agreement with VCMA.

2. Action.

A. The Letter of Agreement by and between the City of Vista representatives and the representatives of the Vista City Maintenance Association, a copy which is on file and available for inspection in the Office of the City Clerk and incorporated herein by reference, is approved.

B. The City Manager is directed and authorized to take all necessary and appropriate action with respect to implementation of the terms and conditions of the Letter of Agreement.

C. The provisions of any resolutions in conflict herewith are repealed and shall be of no further force or effect after January 9, 2024.
[Continued on page 2]
01/09/2024 C4 11 of 15
EXHIBIT 3

RESOLUTION NO. 2024-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00091311 2

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on January 9, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

JOHN FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

APPROVED
Walter C. Chung
20231221092312
01/09/2024 C4 12 of 15

01/09/2024 C4 13 of 15

PRIOR ACTIONS
On August 8, 2023, adopted City Council Resolution No. 2023-140, approving a letter of agreement between the City of Vista and the Vista City Employees’ Association and repealing the provisions of any resolutions in conflict herewith; adopted City Council Resolution No. 2023-141, approving a letter of agreement between the City of Vista and the Vista City Maintenance Association and repealing the provisions of any resolutions in conflict herewith; adopted City Council Resolution No. 2023-142, amending the Management and Confidential Employee Compensation Plan and repealing the provisions of any resolutions in conflict herewith; and adopted City Council Resolution No. 2023-143, approving a letter of agreement between the City of Vista and the Vista Firefighters’ Association and repealing the provisions of any resolutions in conflict herewith (Vote: 5-0).

On June 27, 2023, adopted City Council Resolution No. 2023-118, approving a letter of agreement between the City of Vista and the Vista City Employees’ Association and repealing the provisions of any resolutions in conflict herewith; adopted City Council Resolution No. 2023- 120, approving a letter of agreement between the City of Vista and the Vista City Maintenance Association and repealing the provisions of any resolutions in conflict herewith; and adopted City Council Resolution No. 2023-121, amending the Management and Confidential Employee Compensation Plan and repealing the provisions of any resolutions in conflict herewith (Vote: 5- 0).

On May 23, 2023, adopted City Council Resolution No. 2023-84, approving a Letter of Agreement between the City of Vista and the Vista Firefighters’ Association and repealing the provisions of any resolutions in conflict herewith (Vote: 5-0).

On April 25, 2023, discussed and approved the addition of two Basic Life Support (BLS) ambulances, twelve new EMT positions, one Administrative Captain, a Division Chief, and a Human Resources Coordinator (Vote: 4-0, O’Donnell absent).

On August 23, 2022, adopted City Council Resolution No. 2022- 123, approving a Letter of Agreement between the City of Vista and the Vista Firefighters Association and repealing the provisions of any resolutions in conflict herewith (Vote: 5:0).

On June 28, 2022, adopted City Council Resolution No. 2022-109, approving a Letter of Agreement between the City of Vista and the Vista City Employees Association and repealing the provisions of any resolutions in conflict herewith; and approved City Council Resolution No. 2022- 110, amending the Management and Confidential Employee Compensation Plan and repealing the provisions of any resolutions in conflict herewith (Vote: 4-0, Ritter absent (Ritter experienced technical difficulties)).

On September 28, 2021, adopted City Council Resolution No. 2021-158, approving a Letter of Agreement between the City of Vista and the Vista City Employees Association and repealing the provisions of any resolutions in conflict herewith; and adopted City Council Resolution No. 2021- 159, amending the Management and Confidential Employee Compensation Plan and repealing the provisions of any resolutions in conflict herewith (Vote: 5-0).

On August 24, 2021, adopted City Council Resolution No. 2021-136, approving a Memorandum of Understanding between the City of Vista and Vista City Employees Association and repealing the provisions of any resolutions in conflict herewith; and adopted City Council Resolution No. 01/09/2024 C4 14 of 15
EXHIBIT 4

2021-137, amending the Management and Confidential Employee Compensation Plan and repealing the provisions of any resolutions in conflict herewith (Vote: 5-0).

On August 10, 2021, adopted City Council Resolution No. 2021-132. approving a Memorandum of Understanding between the City of Vista and the Vista City Maintenance Association and repealing the provisions of any resolutions in conflict herewith (Vote: 5-0).

On August 10, 2021, adopted City Council Resolution No. 2021-131, approving a Memorandum of Understanding between the City of Vista and the Vista Firefighters Association and repealing the provisions of any resolutions in conflict herewith (Vote: 5-0).

On June 22, 2021, adopted City Council Resolution No. 2021-115, amending the Management and Confidential Employee Compensation Plan and repealing the provisions of any resolutions in conflict herewith (Vote: 5-0).
01/09/2024 C4 15 of 15

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