Resolution No. 6987126
RESOLUTION NO. 6987
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX OFFICIO GOVERNING BOARD OF DIRECTORS
OF THE CYPRESS RECREATION AND PARK DISTRICT AMENDING
RESOLUTION NO. 6944 ESTABLISHING BENEFITS FOR
MANAGEMENT EMPLOYEES
WHEREAS, the City Council establishes benefits for management employees
through adoption of a Resolution specifying benefits to be received; and
WHEREAS, management positions shall be provided health and life insurance
coverage and leave benefits provided to other employee bargaining units in the City;
and
WHEREAS, benefits for Executive Management and Mid -Management
employees are established and outlined in a Schedule of Benefits; and
WHEREAS, the health insurance cafeteria allowance for management
employees is adjusted annually utilizing a formula contained in the Schedule of
Benefits.
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 DOES RESOLVE, DETERMINE and ORDER,
that Resolution No. 6944 be amended as indicated below:
SECTION 1. That the schedule of Benefits shown in Exhibit A shall apply for
all City of Cypress employees classified as Executive Management and Mid -
Management employees.
SECTION 2. That Exhibit A shall reflect other language clarification changes.
SECTION 3. This Resolution shall be effective on September 9, 2024, and all
resolutions and parts of resolutions in conflict herewith are hereby rescinded.
PASSED AND ADOPTED by the City Council of the City of Cypress, and acting
as ex -officio governing Board of Directors of the Cypress Recreation and Park District,
at a regular meeting held on the 9th day of September, 2024.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
AYOR F THE- C1 OFC PR SS
I, ALISHA FARNELL, 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 9th day of September, 2024, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Burke, Mallari, Marquez, Peat and Minikus
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY' OF CYPRESS
127
EXHIBIT 'A'
CITY OF CYPRESS
SCHEDULE OF BENEFITS
EXECUTIVE AND MID -MANAGEMENT EMPLOYEES
PART U -HOLIDAYS
Section 1. Recognized Holidays.
A. For pay purposes, the following holidays are recognized as municipal hfor regular
employees. Said employees shall receive these holidays offwith pay: New Year's Day, Martin Luther
King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,
Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Eve Day and Christmas Day.
B. Beginning the first pay period of the payroll year, current employees shall be credited with
one floating holiday (9 hours). Employees hired after the beginning of the payroll year, but before
September 1, will be credited with the floating holiday. Floating holiday may be taken subject to
approval of the employee's supervisor after consideration of the department workload and other
staffing considerations such as, but not limited to, leave schedules of other employees already
approved, sick leave and position vacancies. Floating holiday must be taken as paid time off in the
credited payroll year. There shall be no cash payment for unused floating holiday.
C. When any holiday,recoQnizedbxthaCkyfaUsonoSundav the following Monday shall be
considered the holiday; when any day, recognized by the City as a ho||dmy, falls on a Gotunday, the
preceding Friday shall be considered the holiday.
D. Religious holidays requested off shall be done so in writing to the supervisor.
If a.ouohUmeaheUbaohorgedago|netoncunmulatedvaumbonorfloatn0ho|idayhaova.
Section 2. Holidays Falling During Approved Leaves of Absence Without Pay. Any employee
on an approved leave of absence without pay, having the holiday fall during the period of such leave
of absence without pay, shall be eligible for such holiday pay only in those instances where said
employee has worked either the day before or the day immediately following said holiday.
PART UUVACATION
-
Section 1, Eligibility. All regular, full-time employees, having completed a minimum of six
months continuous service with the City, and annua|k/, thereafter, shall be eligible for a paid vacation
at the employee's then current rate of pay. Recognizing that it is preferred that the full vacation be
taken at one time, the employee may, nexedhe|ose, request a modification of this preference. Upon
approval of the City Manager, appropriate modifications may be allowed.
Section 2. Vacation Accrual.
Executive Management employees shall accrue vacation leave by the following formula:
Hours/Month
10.0000
10.6667
11.3334
12.0000
Year of Employment
1st — 6th year
7th year
8th year
9th year
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Annual Amount (Hourst^
(120 hours)
(128 hours)
(136 hours)
(144 hours)
12.6667
13.333411th year
10th year
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(152 hours)
(160 hours), and each month thereafter.
Mid -Management employees shall accrue vacation leave by the following formula:
Hours/Month Year of Emplovment Annual Amount (Hours)
0.0870 1st year (80 hours)
7.3334 2nd year (88 hours)
8.0000 3rd year (96 hours)
8.8667 4th year (104 hours)
9.3334 5th year (112 hours)
10.0000 6th year (120 hours)
10.6687 7th year (128 hours)
11.3334 8th year (136 hours)
12.0000 9th year (144 hours)
12.6667 10th year (152 hours)
13.3334 11th year (160 hours), and each month thereafter.
Section 3. Maximum Accrual.
A. Executive Management employees may accumulate unused vacation to a maximum of 360
hours. Mid -Management employees may accumulate unused vacation to a maximum of the amount
accrued in the 24 months immediately preceding the employee's anniversary date of employment with
a maximum of 320 hours. The accrual of vacation hours shall cease when an employee's
accumulated vacation is at the maximum provided in this Section. However, the value of vacation
hours earned in excess of the maximum accrual will be contributed towards the employee's Retiree
Health Savings Plan. Additional vacation hours shall begin accruing when the employee's vacation
balance falls below the maximum.
B. For purposes of this Article, the term "anniversary date of emplis the date an
employee began accruing vacation with the City.
Section 4. Use of Vacation.
A. The time at which an employee's vacation is to occur shall be determined by the
employee's supervisor with due regard for the wishes of the employee and particular regard for the
needs of the service.
B. An employee who has completed five years or more of continuous service and who has
taken 40 cumulative hours of vacation in his/her current anniversary the currentlaAroll year may elect
to be paid for up to a maximum of 80 hours of accrued vacation in the following calendar year. To
request payment of up to 80 hours, the employee must submit an irrevocable election form to Human
Resources by December 15 subsequent
. For axamp|e, if an employee submits a payout request of 80 hours prior
to December 15, 2024.3 and is deemed eligible to receive a payout, the employee will be paid for 80
hours in 254.
smash out. Rcgord|e,,o of thc number of hours irrevocably elected for cash out, the cash out U| only
•p• �y•. .zz• •nm• It'rz• • ..o• .o• u • - • r• e • /~ • • e t •nw�
employee's anniversary date or 2) the accrual nfhouro ruquoE.:bnd to bc paid out; whichever comes
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Page 2of9
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Section 5. Vacation Payment at Termination.
A. Employees terminating employment shall be paid in a Iump sum for all accrued vacation
leave.
B. When termination is caused by the death of the employee,saidpayment1orunused
vacation shall be paid to the beneficiary designated by the employee. Such designation shall be in
xvhbng, signed by the employee and filed with the Human Resources Office. In the event an
employee has not designated a beneficiary, the payment shall be made to the estate of the employee.
Section 6. Holidays Falling During Vacation Leave. In the event one or more municipal
holidays fall within an annual vacation leave, such holiday shaH not be charged as vacation leave and
the vacation leave shall be extended accordingly.
Section 7. Vacation Earned During Leave of Absence. No vacation leave shall be earned
during any leave of absence without pay for each 30 -day period of such leave. Vacation leave shall
be earned on a prorated basis during a leave of absence on partial pay status.
Section 8. Vacation - Miscellaneous. Employees shall not work for the City during their
vacation and, thereby, receive double compensation from the City.
PART III - SICK LEAVE
Section 1. General Sick Leave Provisions.
A. Sick leave shall be requested only in cases of actual personal sickness or dis8bi|itv,
medical or dental treotnert, or as authorized by the City Manager or the Personnel Officer under the
provisions of the Federal Family Medical Leave Act and/or the California Family Rights Act, California
Labor Code Section 233 (use of sick leave) or the Healthy Workplace Healthy Family Act of 2014.
The employee requesting sick leave shall notify his/her immediate supervisor prior to the time set for
reporting to work. Sick leave with pay shall not be allowed unless the employee has met and
complied with these provisions and the department head or the City Manager has approved such
payment.
Section 2. Eligibility. All employees covered by this Agreement shall be eligible to accrue sick
leave.
Section 3. Accrual. Sick leave shall be accrued at the rate of eiht hours per calendar month
for each calendar month that an employee has worked regularly scheduled hours and/or has been on
authorized leave which provides for full pay, for at least 15 working days in that month. Sick leave
shall be earned on a prorated basis during a leave of absence on partial pay status.
Section 4. Accumulation and Payment Plan.
A. Accrued sick leave may be accumulatewithout limit.
B. Paymentpfaccunnu|otedm|ck|eavemhmUbegnontedbvthePersonne|Cfficmrmnmnannua|
basis to all regular employees who have a minimum of 120 hours of accumulated sick leave on record
on December 1o1' and opt to receive payment of up to 48 hours of sick |eaue, during the subsequent
December's special payroll at a rate of 50% of current salary. Employees must have a minimum
balance of 120 hours after the payment of sick leave to be eligible for the payout.
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130
C. Payment of accumulated sick leave shall be granted by the Personnel Officer on an annual
basis to all employees who have a minimum of 240 hours of accumulated sick leave on record on
December 1ot, and opt to receive payment of up to 48 hours of sick leave, during the subsequent
December's special payroll, at a rate of 100% of current salary. Employees must have a minimum
balance of 120 hours after payment of sick leave to be eligible for the payout.
D. Emwishing to cash out sick leave as described in Section 4. (B) and (C) above,
must submit an irrevocable election form to Human Resources by December 15 for payment on the
subsequent December's special payroll. For example, if an employee submits a payout request for
the maximum 48 hours prior to December 15, 2024-3. payment will be issued in December 20254 (if
eligible).
E. In accordance with the annual conversion policy set forth in Section 4. (B), (C) and (D)
above, employees shall have the option of depositing their sick leave payment in a City deferred
compensation program instead of receiving payment in cash. Al! deposits made into the deferred
compensation program shall be made in accordance with any and all regulations governing the
deferred compensation program.
F. Upon death, retirement, separation or termination of an employee covered by this
Amremmmnt, with a minimum of 60 days or 480 hours of sick leave accunmulabon, said employee is
entitled to receive 50% compensation for that accumulated sick leave.
G. Upon death, retirement, separation or termination of an employee covered by this
Aonnemen1, with a minimum of five years of service and with between 240 hours and 480 hours of
sick leave accumnu|abon, said employee is entitled to receive payment for the difference between that
amount of sick leave and 240 hours at 50% compensation.
H. If the Chief of Police was promoted and was previously a member of the Cypress Police
Management Association /PMA\, upon service retirement or termination, he/she will be entitled to
receive payment of accumulated sick leave hours earned prior to promotion to Chief of Po|ica,
consistent with the terms of the PMA Memorandum of Understanding in effect at the time of
promotion. Accumulated sick leave hours will be documented at the time of promotion and shall be
paid to the Chief of Police at the highest hourly rate within the PMA upon separation from
employment. Sick leave hours accumulated as Chief of Police will be paid in accordance with the
sections above. If the Chief of Police is terminated for nmimoonduct, he/she is ineligible for this
payment.
I. In accordance with the payment plan set forth in Section 4 (F) and (G) mbove, upon
maporaUon, termination or retirement of an employee covered by this Agreement, said employee shall
have the option of depositing their sick leave payment in a City deferred compensation pnzgnann,
instead of receiving payment in cash. All deposits made into the deferred compensation program
shall be made in accordance with any and all regulations governing the deferred compensation
program.
Section 5. Use.
A. Sick leave may be requested and used as aby the deprtmen head or the City
Manager. Paymentforepprovedoiok|aaveehoUbmauthorizedunti|Ulmanmp|oxee'sacoummu|atedtotm|
of sick leave hours has been exhausted and at such time the employee shall receive no further
payment for sick leave. An employee shall have his/her accumulated sick leave balance reduced by
an amount equai to the number of hours of sick !eave for which helshe receives payment.
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B. Sick leave shall not be granted for disability arising from any sickness or injury purposely
self-inflicted or caused by an employee's own willful misconduct.
Section 6. Sick Leave During Vacation. An employee who becomes 111 while on vacation may
have such period of illness charged to his/her accumulated sick leave provided that: immediately
upon return to duty, the employee submits to his/her department head a written request for sick leave
and a written statement signed by his/her physician that includes the dates of illness; and the
department head recommends and the City Manager approves granting of such sick leave. The
employee may request an extension of vacation due to iUnese, subject to the approval of the
department head and City Manager.
Section 7. Extended Sick Leave. In the event of an employee's continuing illness which
results in depletion of sick leave accunnV|a1ion, the employee may request, in vvriting, to his/her
department head and City Manager, a leave of absence without pay for the purpose of recovering
from an illness, provided:
1. The employee has used all of his accumulated sick leave.
2. The employee presents to his/her department head for referral to and consideration by the
City Manager, a written estimate of the time needed for recovery signed by the employee's physician.
3. Prior to resuming his/her dubes, the employee may be required to take a medical
examination at the City's expense and provide a medical release to return to work from the
employee's physician as prescribed by the City Manager. The employment record and the results of
such examination shall be considered by the City Manager in determining the employee's fitness to
return to work.
Section 8. Federal Medical Leave Act and the California Family Rights Act
The City shall comply with the Federal Medical Leave Act of 1993 (FMLA) and the California
Family Rights Act (CFRA) of 1991. Where there are differences between similar provisions of the
Acts, the City shall comply with the provision which gives the employee the greater rights.
Section 9. On-the-job Injury. Employees who are disabled by injury or illness arising out of
and in the course of their duties for the City, shall be entitled, regardless of his/her period of service
with the City, to a leave of absence for the period of such disability, but not exceeding one (1) year, or
until such earlier date as he/she is retired on permanent disability pension. Employees are eligible for
up to four months of salary continuation in lieu of temporary disability payments. During the first five
working days of such disability, the City shall pay 10096 of the salary in lieu of temporary disability
payments. Thereofter, the employee shall receive 8096 of salary in lieu of temporary disability
payments. Any payments made pursuant to this Section shall not be charged to sick leave; provided,
however, no sick leave or vacation benefits shall accrue during the period of such disability.
Section 10i Off -the -job Injury. An employee injured outside of his/her service with the City
may apply for benefits under the disability insurance plan provided by the City
Section 11. California Labor Code Section 233
Pursuant to California Labor Code Section 233, emmay use a totaof 48 hours of their
accrued and available sick leave for the following reasons:
1. To attend to the illness of their child, parent, spouea, registered domestic partner, parent-in-
law,
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2. To obtain any relief of services related to being a victim of domestic vio|ence, sexual assault,
or stalking including the following with appropriate certification of the need for such services:
a. A temporary restraining order or restraining order.
b. Other ijunctiveve|ieftVhm|pensunaUleheolth.safet»orvveVaveofthenlsmlveoortheir
children.
c. To seek medical attention for injuries caused bxdonnesticxiokence. sexual assault, or
stalking.
d. To obtain services from a domestic violence shelter, proQosnm, or rape crisis center as a
result of domestic violence, sexual assault, or staiking.
e. To obtain psychological counseling related to an experience of domestic violence,
sexual assault, or staiking.
f. To participate in safety planning and take other action to increase safety from future
domestic vio|ence, sexual aoomu|t, or stalking, including temporary or permanent
relocation.
ARTICLE IV - HEALTH, DENTAL, VISION, LIFE AND DISABILITY INSURANCE
Sectiont Health Insurance PIan.
A. For the employees covered by the terms of this Agreement, the City and the employees
shall contribute the sums listed below per month per employee toward health insurance:
MEDICAL RATE PROVISIONS AND SCHEDULE
Health Insurance Benefit: The City shall provide health insurance coverage for the
employee and any dependents which may include medical, dental and vision insurance plans.
Effective January 1, 3024. the maximum contribution amount will increase from $2.213.70 to
$2.359.27 per month for Executive Management and Mid -Management employees.
Annual increases to the City's monthly contributions shall be based upon the average cost of all area
HMO plans offered through the PERS Health Plan (2O23$2.O7O.S9/2U24$2.191.O8/2O2G$2393.O6�
plus the DPO Dental Family rate (2023 $116.901 2024 $142.4 and the Family Vision
rate (20243/20254 $25.81). Employees shall maintain the PERS Health Plan minimally at the
employee -only coverage |eve|, unless the employee demonstrates proof of other group coverage.
Coverage under dental and vision plans shall be optional.
If the City's contribution exceeds the total premium cost of health plans chosen by the
enmp|oyee. the difference may be contributed toward additional/dependent ooverage, including
additional Iife insurance, or paid as additional compensation.
If the total premium cost of health plans chosen by the employee exceeds the City's
contribution, the employee shall pay, through payroll deduobon, the difference between the total cost
and the City's contribution. The employee's exercise of the option to use the difference toward
additional/dependent health coverage or receive the additional cash as compensation is subject to the
conditions controlling enrollment periods and eligibility established by the respective plans or carriers.
B. Retiree Health Savings Plan. The City will contribute $185 per month for each employee
participating in the Retiree Health Savings Plan.
C. Retiree Health Savings Program. Full-time employees who promote to a ma
n|aeoifiomUon, and have previously opted to grandfather into the Supplemental Health Care Benefit
Pno0mmnm, may elect to remain in the program in lieu of mandatory enrollment in the Retiree Health
Savings Plan.
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O. 401(a) Retirement Savings Plan. The City will contribute $200 per month for Executive
Management positions.
Section 2. Life Insurance PIan.
Executive Management. The City shall pay 100% of the premium for a term life insurance
policy for each eligible employee which shall be based upon a formula of one times the employee's
annual salary rounded up to the nearest thousand dollars up to $300,000.
Mid -Management. The City shall pay 100% of the premium for a term Iife insurance policy for
each elidda employee of $50,000.
Section 3. Disability Insurance Plan. The City shall provide a short-term and long-term
disability insurance plan for all employees covered by this agreement. The City shall pay 100% of the
premium.
Section 4. Wellness Program. Executive Management may request
reimbursement for a maximum of $1.000 on an annual basis for eligible wellness program expenses
as determined by the Personnel Officer.
PART V — RETIREMENT
Section 1. The City shall make contributions for employees to the California Public Employees
Retirement System (CalPERS) plan known as 2% at 55 for "Classic" Miscellaneous members and 3%
at 5Ofor ''C|aos|c" Safety members. "Classic" Miscellaneous employees hired prior to June 30. 2010
shall contribute 3% of salary towards their Co|PERS retirement plan.
Section 2. Employees hired after June 30, 3010. if determined to be"Classic" Miscellaneous
members, shall contribute 6% of salary towards their CalPERS retirement plan.
Section 3. The Chief of Po|ice, if determined to be a "Classic" Safety member, shall
contribute 12% of salary towards his/her CaIPERS retirement plan.
Section 4. Employees hired after January 1, 2013 and are new to CalPERS, or have had a six
month or more break in nervine, are considered "PEPRA" members and are subject to all laws,
statutes, rules and regulations of the Public Employees' Pension Reform Act (PEPRA).
Section 5. The City's Cm|PERS contract shall provide the Survivor's Continuance Benefit to
employees.
Section 6. The City's CalPERS contract shall provide for the 1959 Survivor's Benefit (Level 3).
The City shall make the employees' contribution in the amount of $2.00 per month.
Section 7. The City's CalPERS contract shall provide for the "Single Highest Year
Compensation" benefit for eligible employees. The City shall pay for the entire cost of this benefit.
PART VI ALLOWANCE
A monthly auto allowance will be provided in the amount of $500 for Executive Management
employees, $300 for the City Clerk and $200 for all other Mid -Management employees. The Chief of
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PART VH — TECHNOLOGY ALLOWANCE
A monthly technology allowance will be provided in the amount of $100 for Executive
Management employees and $75 for Mid -Management employees to purchase and maintain personal
technology devices (|.a. cell phnne, oonmputer, tablet) and/or services (i.e. internat, cell phone service)
to perform the duties of their position.
PART VIII
The classification of Police Chief shall receive a Uniform Allowance of $850 per year.
The classification of Police Support Services Supervisor shall receive a Uniform Allowance of
$600 per year.
The classification of Maintenance Supervisor shall receive a Shoe Allowance of
$250 per year. To be eligible for na|nnbursennent, the employee must submit a receipt from the
purchase of boots/safety shoes to Human Resources.
PART IX — SPECIAL PAY PROVISION
Section 1. Assistant City Manager Designation. The City Manager may designate the title of
Assistant City Manager and assignadddUong|jobdubesst the higher responsibihty to an employee in
one the foliowing Executive Management positions: Director of Public Works, Director of Finance and
Administrative Services, Chief of Police, Planning Director or Director of Recreation and Community
Services. The City Manager may authorize additional compensation of up to 5% over base pay for
such duties. The duration of the assignment and additional compensation shall be at the sole
discretion of the City Manager.
Section Z. Acting Pay for Executive Management Positions. The City Manager may
temporarily grant up to a 5% increase for an acting assinment for those positions who assume acting
duties. The increase must fall within the range of the higher position but not exceed the top of the
position's range.
Section 3. Management Performance Recognition Program. The City Manager may
recognize the outstanding performance of Executive Management and Mid -Management employees.
Based upon criteria and the sole discretion of the City K8onager, employees will be eligible to receive
a one-time payment up to 5% of base salary within a 12 -month period. Such amounts shall be
payable in cojunction with an employee's performance review.
Section 4. Temporary Succession Planning Pay. The City Manager may grant temporary
pay to management employees training for potential advancement to a higher-level position. The
temporary pay would not exceed 5% of the employee's current rate of pay. Such assignment would
be limited to a maximum of six months. This form of pay differs from Acting Pay in that the position is
filled with an incumbent and the employee being trained is not assuming all of the responsibilities
associated with the position.
Section 5. Severance. Executive Management employees are entitled to four months'
base salary if terminated without cause. The City Clerk is entitled to six months' base salary if
"Cause" for termination shall include,but not Iimited to the foliowing: persistent,
habitual or willful neglect of duty; insubordination; corrupt of willful misconduct; willful malfeasance or
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