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Resolution No. 6658364 RESOLUTION NO. 6658 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT APPROVING THE SIDE LETTERS OF AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE CYPRESS EMPLOYEES' ASSOCIATION AND THE CYPRESS MAINTENANCE EMPLOYEES' ASSOCIATION REGARDING AN EARLY RETIREMENT /RESIGNATION INCENTIVE WHEREAS, the Cypress Employees' Association (CEA) and the Cypress Maintenance Employees' Association (MEA) are unincorporated, recognized employee organizations within the meaning of Government Code § 3501(b); and WHEREAS, the City of Cypress and the CEA and the MEA met and conferred on the topic of the Early Retirement/Resignation Incentive; and WHEREAS, Side Letters of Agreement have been established and agreed to between the City of Cypress and the CEA and the MEA outlining the terms of the Early Retirement/Resignation Incentive; and WHEREAS, the Early Retirement/Resignation Incentive will be comprised of a one- time $20,000 pre -tax medical contribution to cover future eligible medical expenses and an enhanced cash out of sick leave ranging between 25 percent and 75 percent of accrued sick leave balances, as outlined in the Side Letters of Agreement; and WHEREAS, the Early Retirement/Resignation Incentive will be available to eligible employees through March 15, 2018 with a separation date of no later than June 30, 2018; and WHEREAS, once the resignation is submitted and accepted, employees will be required to sign a waiver and release agreement; and WHEREAS, all resignations are final and irrevocable; and WHEREAS, all other terms and conditions of the Memorandums of Understanding between the City of Cypress and the CEA and MEA for the period, July 1, 2014 through June 30, 2018, shall remain unchanged and in effect during the eligibility period of the agreed upon Early Retirement/Resignation Incentive. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cypress, and acting as ex- officio governing Board of Directors of the Cypress Recreation and Park District, hereby approve and incorporate the Side Letters of Agreement, attached hereto, between the City of Cypress and the CEA and the City of Cypress and the MEA. PASSED AND ADOPTED by the City Council of the City of Cypress, and acting as ex- officio Board of Directors of the Cypress Recreation and Park District, at a regular meeting held on the 8th day of January, 2018. ATTEST: V) CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA } COUNTY OF ORANGE } SS OR • THE CITY OF CYPRESS I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 8th day of January, 2018, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Johnson, Morales, Yarc, Berry, and Peat NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None , CITY CLERK OF THE CITY OF CYPRESS 365 SIDE LETTER OF AGREEMENT BETWEEN THE CiTY OF CYPRESS AND THE CYPRESS EMPLOYEES' ASSOCIATION REGARDING THE EARLY RETIREMENT/RESIGNATION INCENTIVE The City of Cypress is offering a onetime, Early Retirement/Resignation Incentive to eligible employees of the Cypress Employees' Association (CEA). The incentive is strictly voluntary and is available to employees in the CEA who meet the following requirements: 1. Minimum of 50 years of age as of January 1, 2018; and 2. Have a minimum five (5) years of continuous service with the City of Cypress as a member of the CEA. The terms are as follows: 1. Pre tax, one -time payment In the amount of $20,000 into a Retiree Health Savings Plan account for use by the employee to cover future eligible medical expenses; and 2. An enhancement of the current Sick Leave Payout, as outlined below. 3. Employees who are Interested in accepting the incentive must submit a notice of resignation by March 15, 2018. 4. Resignation must be effective no later than June 30, 2018. 5. Once resignation is submitted and accepted, the resignation is final and irrevocable. Sick Leave Payout Provisions under Current Memorandum of Understanding Pursuant to the provisions of the Memorandum of Understanding between the City of Cypress and the Cypress Employees' Association July 1, 2014 — June 30, 2018, Article XIV — Sick Leave, Section 4 (E) and (F) - Accumulation and Payment Plan, the following is stated: E. Upon death, retirement, separation or termination of an employee covered by this Agreement, with a minimum of shcty (80) days or four hundred eighty (480) tours of sick leave accumulation, said employee is entitled to receive fifty percent (50%) compensation for that accumulated sick leave. F Upon death, retirement, separation or termination of an employee covered by this Agreement, with a minimum of five (5) years of service and with between two hundred forty (240) hours and four hundred eighty (480) hours of sick leave accumulation, said employee is entitled to receive payment for the difference between that amount of sick leave and two hundred forty (240) hours at fifty percent (50%) compensation. Sick Leave Payout Previsions for Employees Participating in the Early Retirement/Resionation in Accordance with this Side Letter of Agreement E. Upon death, retirement, separation or termination of an employee covered by this Agreement, with a minimum of sixty (80) days or four hundred eighty (480) hours of sick leave accumulation, said employee is entitled to receive seventy five percent (75%) compensation for that accumulated sick leave. F Upon death, retirement, separation or termination of an employee covered by this Agreement, with less than four hundred eighty (480) hours of sick leave accumulation, said employee is entitled to receive twenty five percent (25%) compensation for that accumulated sick leave. The changes to the sick leave provisions and the offers contained In this Side Letter of Agreement are for the sole purpose of the Early Retirement/Resignation Incentive and will only be applicable to eligible employees for the duration of the incentive period described above. CYPRESS EMPLOYEES' ASSOCIATION d: % Sy: ,.�- Dated: /21z247 Dated: 1 �' BY ,Dated: 366 367 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE CYPRESS MAINTENANCE EMPLOYEES' ASSOCIATION REGARDING THE EARLY RETIREMENT/RESIGNATION INCENTIVE The City of Cypress Is offering a one-time, Early Retirement/Resignation Incentive to eligible employees of the Cypress Maintenance Employees' Association (MEA). The incentive is strictly voluntary and is available to employees in the MEA who meet the following requirements: 1. Minimum of 50 years of age as of January 1, 2018; and 2. Have a minimum five (5) years of continuous service with the City of Cypress as a member of the MEA. The terms are as follows: 1. Pre -tax, one -time payment In the amount of $20,000 Into a Retiree Health Savings Plan account for use by the employee to cover future eligible medical expenses; and 2. An enhancement of the current Sick Leave Payout, as outlined below. 3. Employees who are Interested in accepting the incentive must submit a notice of resignation by March 15, 2018. 4. Resignation must be effective no later than June 30, 2018. 5. Once resignation is submitted and accepted, the resignation is final and irrevocable. Sick Leave Payout Provisions under Current Memorandum of Understanding Pursuant to the provisions of the Memorandum of Understanding between the City of Cypress and the Cypress Maintenance Employees' Association July 1, 2014 — June 30, 2018, Article XiII — Sick Leave, Section 4 (E) and (F) — Accumulation and Payment Plan, the following is stated: E. Upon death, retirement, separation or termination of an employee covered by this Agreement, with a minimum of sixty (60) days or four hundred eighty (480) hours of sick leave accumulation, said employee is entitled to receive fifty percent (50%) compensation for that accumulated sick leave. F Upon death, retirement, separation or termination of an employee covered by this Agreement, with a minimum of five (5) years of service and with between two hundred forty (240) hours and four hundred eighty (480) hours of sick leave accumulation, said employee is entitled to receive payment for the difference between that amount of sick leave and two hundred forty (240) hours at fifty percent (50%) compensation. Sick Leave Payout Provisions for Employees Participating in the Early Retirement/Resicmation in Accordance with this Side Letter of Agreement E. Upon death, retirement, separation or termination of an employee covered by this Agreement, with a minimum of sixty (60) days or four hundred eighty (480) hours of sick leave accumulation, said employee is entitled to receive seventy five percent (75%) compensation for that accumulated sick leave, F Upon death, retirement, separation or termination of an employee covered by this Agreement, with less than four hundred eighty (480) hours of sick leave accumulation, said employee Is entitled to receive twenty five percent (25 %) compensation for that accumulated sick leave. 368 The changes to the sick leave provisions and the offers contained in this Side Letter of Agreement are for the sole purpose of the Early Retirement/Resignation Incentive and will only be applicable to eligible employees for the duration of the incentive period described above. CYPRES AINTENANCE EMPLOYEES' ASSOCIATION By: Dated: 12 7z-1-7 By: Dated: