Resolution No. 6591436
RESOLUTION NO. 6591
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, A SUBSIDIARY
DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 6529
ESTABLISHING BENEFITS FOR MANAGEMENT EMPLOYEES.
WHEREAS, the City Council has determined that it is necessary to adopt a
Resolution specifying benefits to be received by City of Cypress management
employees; and
WHEREAS, management positions shall be provided health benefits and other
insurance coverage and leave benefits provided to other employee bargaining units in
the City.
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. 6529 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 3. That Exhibit A shall reflect other changes pursuant to
administrative policy and language clarification.
SECTION 4. This Resolution shall become effective on September 26, 2016,
and all resolutions and parts of resolutions in conflict herewith are hereby rescinded.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 26th day of September, 2016.
MA OR OF THE CITYJF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 26th day of September, 2016, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
f()Lit,e_
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT `A'
CITY OF CYPRESS
SCHEDULE OF BENEFITS
EXECUTIVE AND MID — MANAGEMENT EMPLOYEES
PART I - HOLIDAYS
Section 1. Recognized Holidays.
437
A. For pay purposes, the following holidays are recognized as municipal holidays for
permanent employees. Said employees shall receive these holidays off with pay: New Year's 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
two (2) floating holidays (2 days). Floating Holidays must be taken in full day increments. Employees
hired after the beginning of the payroll year, but before September 1 of the payroll year, will be
credited with two (2) floating holidays. Floating holidays 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 holidays must be taken as paid time off in the payroll year of
crediting. There shall be no cash payment for unused floating holidays.
C. When any holiday, recognized by the City, falls on a Sunday, the following Monday shall
be considered the holiday; when any day, recognized by the City as a holiday, falls on a Saturday, the
preceding Friday shall be considered the holiday.
D. Religious holidays requested off shall be done so in writing to the employee's supervisor.
If approved, such time shall be charged against accumulated sick leave, vacation, or floating holiday
leave.
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 II - VACATION
Section 1. Eligibility. All regular, full -time employees, having completed a minimum of six (6)
months continuous service with the City, and annually, 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, nevertheless, 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 Year of EmploymentAnnual Amount (Hours)
10.0000
10.6667
11.3334
12.0000
12.6667
13.3334
1st — 6th years
7th year
8th year
9th year
10th year
11th year
(120 hours)
(128 hours)
(136 hours)
(144 hours)
(152 hours)
(160 hours), and each month thereafter.
Mid - Management employees shall accrue vacation leave by the following formula:
Hours /Month
6.6670
7.3334
8.0000
8.6667
9.3334
10.0000
10.6667
11.3334
12.0000
12.6667
13.3334
Year of Employment
1st year
2nd year
3rd year
4th year
5th year
6th year
7th year
8th year
9th year
10th year
11th year
16 Page 1 of 6
Mgmt Schedule of Benefits- Revised 9 -26-
Annual Amount (Hours)
(80 hours).
(88 hours).
(96 hours).
(104 hours).
(112 hours).
(120 hours).
(128 hours).
(136 hours).
(144 hours).
(152 hours).
(160 hours), and each month thereafter.
Section 3. Maximum Accrual.
438
A. Executive Management employees may accumulate unused vacation to a maximum of
three hundred and sixty (360) hours. Mid - Management employees may accumulate unused vacation
to a maximum of the amount accrued in the twenty -four (24) months immediately preceding the
employee's anniversary date of employment. The accrual of vacation shall cease when an
employee's accumulated vacation is at the maximum provided in this Section. Additional vacation
shall begin accruing when the employee's vacation balance falls below the maximum.
B. For purposes of this Article, the term "anniversary date of employment" is 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 (5) years or more of continuous service and who has
taken forty (40) cumulative hours of vacation in his /her current anniversary year may elect to be paid
for up to a maximum of eighty (80) hours of accrued vacation. Such election may be exercised each
anniversary year. Request for payment shall be made at least seven (7) calendar days prior to the
employee's anniversary date of employment.
Section 5. Vacation Payment at Termination.
A. Employees terminating employment shall be paid in a lump sum for all accrued vacation
leave.
B. When termination is caused by the death of the employee, said payment for unused
vacation shall be paid to the beneficiary designated by the employee. Such designation shall be in
writing, signed by the employee and filed with the Personnel 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 shall 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 thirty (30) day period of such leave.
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 disability,
medical or dental treatment, 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 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 eight (8) 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 fifteen (15) working days in that
month.
Section 4. Accumulation and Payment Plan.
A. Accrued sick leave may be accumulated without limit, except that payment of accumulated
sick leave shall be granted by the City Manager on an annual basis to all regular employees who
have a minimum of one hundred twenty (120) hours of accumulated sick leave on record on
December 1st, and opt to receive payment, during the subsequent December on a date determined
Mgmt Schedule of Benefits- Revised 9 -26 -16 Page 2 of 6
by the City Manager at a rate of fifty percent (50 %) of current salary for one -half (1/2) of their annu439
unused sick leave.
B. Payment of accumulated sick leave shall be granted by the City Manager on an annual
basis to all employees covered by this Agreement who have a minimum of two hundred forty (240)
hours of accumulated sick leave on record on December 1st, and opt to receive payment, during the
subsequent December on a date determined by the City Manager, at a rate of one hundred percent
(100 %) of current salary for one -half (1/2) of their annual unused sick leave.
C. Employees wishing to opt for payments stated in Section 4. (A) and (B) above, must notify
the Human Resources Office of said decision thirty (30) days in advance of the payment date. The
sick leave hours for which the employee receives payment shall be deducted from his or her sick
leave record with the remaining one -half (1/2) of the annual accumulated sick leave being continued
as a credit to the employee's sick leave account.
D. In accordance with the annual conversion policy set forth in Section 4. (A), (B) and (C)
above, an employees shall have the option of depositing their sick leave payment in a City deferred
compensation program 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.
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.
G. Upon service retirement or termination, the Chief of Police will be entitled to receive
payment of accumulated sick leave hours earned prior to promotion to Chief of Police, consistent with
the terms of the Police Management Association (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 misconduct, he /she is ineligible for this
payment.
H. In accordance with the payment plan set forth in Section 4 (E) and (F) above, upon
separation, 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 program,
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 approved by the department head or the City
Manager. Payment for approved sick leave shall be authorized until the employee's accumulated
total 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 accumulated sick leave balance reduced by an
amount equal to the number of hours of sick leave for which he receives payment.
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 ill while on vacation may
have such period of illness charged to his accumulated sick leave provided that: immediately upon
return to duty, the employee submits to his department head a written request for sick leave and a
written statement signed by his physician describing the nature and 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 illness, 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 accumulation, the employee may request, in writing, to his
department head and City Manager, a leave of absence without pay for the purpose of recovering
from an illness, provided:
Mgmt Schedule of Benefits- Revised 9 -26 -16 Page 3 of 6
1. The employee has used all of his accumulated sick leave.
440
2. The employee presents to his department head for referral to and consideration by the City
Manager, a written explanation of the employee's illness and an estimate of the time needed for
recovery signed by the employee's physician.
3. Prior to resuming his duties, the employee may be required to take a medical examination
at City 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.
4. The maximum period of such leave shall be three (3) calendar months. If the employee
desires an extension, he shall follow, prior to the termination of his initial leave, the procedure
described in subparagraph (2) above.
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. All regular employees covered by this Agreement who are
disabled by injury or illness arising out of and in the course of their duties as employees of 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 is retired on
permanent disability pension. During the first five (5) working days of such disability, the City shall
pay one hundred percent (100 %) of the salary in lieu of temporary disability payments. Thereafter,
the employee shall receive eighty percent (80 %) 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 10. Off - the -job Injury. An employee injured outside of his 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, employees may use a total of forty -eight (48)
hours of their accrued and available sick leave for the following reasons:
to attend to the illness of their child, parent, spouse, or domestic partner of the employee for the
following reasons:
1. To attend to the illness of their child, parent, spouse, domestic partner, parent -in -law,
grandparent, grandchild or sibling.
2. To obtain any relief of services related to being a victim of domestic violence, 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 injunctive relief to help ensure the health, safety or welfare of themselves or their
children.
c. To seek medical attention for injuries caused by domestic violence, sexual assault, or
stalking.
d. To obtain services from a domestic violence shelter, program, or rape crisis center as
a result of domestic violence, sexual assault, or stalking.
e. To obtain psychological counseling related to an experience of domestic violence,
sexual assault, or stalking.
f. To participate in safety planning and take other action to increase safety from future
domestic violence, sexual assault, or stalking, including temporary or permanent
relocation.
ARTICLE IV - HEALTH, DENTAL, VISION, LIFE AND DISABILITY INSURANCE
Section 1. Health Insurance Plan.
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:
Mgmt Schedule of Benefits- Revised 9 -26 -16 Page 4 of 6
MEDICAL RATE PROVISIONS AND SCHEDULE
441
Medical Insurance Benefit: The City shall provide medical insurance coverage for the
employee and any dependents which may include medical, dental and vision insurance plans.
Effective January 1, 2016, the City shall provide a maximum contribution amount of $1683.14 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 ($1,501.90) plus the DPO Dental Family rate ($154.40) and the Family Vision
rate ($26.84). Employees shall maintain the PERS Health Plan minimally at the employee -only
coverage level, 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
employee, the difference may be contributed toward additional /dependent coverage, including
additional life 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 deduction 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
a. The City will contribute $185 per month for each employee participating in the Retiree
Health Savings Plan.
C. Retiree Health Savings Program
a. Full -time employees who promote to a Management classification, and have previously
opted to grandfather into the Supplemental Health Care Benefit Program, may elect to
remain in the program in lieu of mandatory enrollment in the Retiree Health Savings Plan.
D. 401 (a) Retirement Savings Plan
a. The City will contribute $200 per month for Executive Management positions.
Section 2. Life Insurance Plan.
Executive Management. The City shall pay one hundred percent (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 one hundred percent (100 %) of the premium for a term
life insurance policy for each eligible employee of $50,000.
A. The City will pick up the cost of rate increases that occur within the Life Insurance Plan.
Section 3. Disability Insurance Plan. The City shall provide a long -term disability insurance
plan for all employees covered by this agreement. The City shall pay one hundred percent (100 %) of
the premium for the employee's Tong -term disability insurance plan.
Section 4. Wellness Program. Executive Management positions shall be provided a
maximum of $1,000 on a biennial basis (every two years) for eligible wellness program expenses as
determined by the Personnel Officer.
PART V — RETIREMENT
Section 1. The City /District shall make contributions for personnel to the California Public
Employees Retirement System (CaIPERS) plan known as two percent (2 %) at fifty -five (55) for
"Classic" Miscellaneous members and three percent (3 %) at fifty (50) for "Classic" Safety members.
For "Classic" Miscellaneous employees hired prior to June 30, 2010, the City shall pay all of the
employees' contribution to their CaIPERS retirement plan.
Section 2. Employees hired after June 30, 2010, if determined to be "Classic" Miscellaneous
members, shall pay 3% of salary towards their CaIPERS retirement plan.
Section 3. The Chief of Police, if determined to be a "Classic" Safety member, shall pay nine
percent (9 %) of salary towards their CaIPERS retirement plan.
Mgmt Schedule of Benefits- Revised 9 -26 -16 Page 5 of 6
Section 4. Employees hired after January 1, 2013 and are new to the CaIPERS, or have hat4 42
a six (6) month or more break in service, 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 CaIPERS contract shall provide the Survivor's Continuance Benefit to
employees.
Section 6. The City's CaIPERS 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 CaIPERS 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 - AUTO ALLOWANCE
Employees in the following positions shall receive $400 per month for auto allowance:
Director of Community Development, Director of Finance and Administrative Services, Director of
Recreation and Community Services. The Chief of Police has the option of being provided a City
vehicle in lieu of the auto allowance.
Employee in the following position shall receive $300 per month for auto allowance: City Clerk.
All other Mid - Management employees shall receive $100 per month for auto allowance.
PART VII — UNIFORM ALLOWANCE
The classification of Police Chief shall receive a Uniform Allowance of $850 per year.
The classification of Maintenance Supervisor shall receive a Boot /Safety Shoe Allowance of
$150 per year. To be eligible for reimbursement, the employee must submit a receipt from the
purchase of boots /safety shoes to Human Resources.
PART VIII — SPECIAL PAY PROVISION
Section 1. Assistant City Manager Designation. The City Manager may designate the title of
Assistant City Manager and assign additional job duties at the higher responsibility to an employee in
of the following Executive Management positions: Community Development Director, Finance and
Administrative Services Director, Police Chief, or Recreation and Community Services Director. 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 2. Acting Pay for Executive Management Positions. The City Manager may
temporarily grant up to a five percent (5 %) increase for an acting assignment for those positions who
assume acting duties. The increase may 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 Manager, employees will be eligible to receive
up to 5% of base salary within a 12 -month period. Such amounts shall be payable in conjunction with
an employee's performance review and represents a one -time payment.
Mgmt Schedule of Benefits- Revised 9 -26 -16 Page 6 of 6