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HomeMy WebLinkAboutRES CC 2004 2218 2004 0707RESOLUTION NO. 2004 -2218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A REVISED BENEFIT PROGRAM FOR MANAGEMENT EMPLOYEES AND RESCINDING RESOLUTION NO. 2004 -2161 WHEREAS, the City Council recognizes that the management employees of the City are required to perform additional services to the City within the scope of their assignments; and WHEREAS, in recognition of the additional time management employees devote in their service to the City without additional compensation, the City Council finds that it is appropriate to provide management employees benefits in addition to those provided to the competitive service employees of the City; and WHEREAS, Resolution No. 2004 -2161 adopted on January 21, 2004, previously established a benefit program for management employees and is now proposed to be rescinded and a revised benefit program adopted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. DEPARTMENT HEAD DEFINITION. When used in this Resolution, the term "Department Head" shall include the classification positions of Administrative Services Director, Assistant City Manager, Assistant to City Manager /City Clerk, City Engineer, Community Development Director, Community Services Director, Deputy City Manager, and Public Works Director, and such other classifications as the City Council may from time to time designate by resolution as being department head positions. SECTION 2. MANAGEMENT EMPLOYEE DEFINITION. When used in this Resolution, the term "Management Employee" shall include the classification positions of Accountant I and II, Assistant City Clerk, Administrative Services Manager, Budget and Finance Manager, Finance /Accounting Manager, Information Systems Manager, Information Systems Supervisor, Management Analyst, Planning Manager, Principal Planner, Public Works Supervisor, Recreation Manager, Redevelopment Manager, Senior Management Analyst, and such other classifications as the City Council may from time to time designate by resolution as being management positions. Resolution No. 2004 -2218 Page 2 SECTION 3. ADMINISTRATIVE LEAVE. The Department Heads and the Management Employees of the City shall be entitled to the following Administrative Leave benefits: Department Heads: Department Heads shall be granted administrative leave at the rate of ninety -six (96) hours per fiscal year, accrued at the rate of 3.6923 hours per pay period. On June 1 of each year following completion of one full year of service, the Department Head may, at his /her option, convert forty (40) hours of the annual administrative leave to cash, if a rating of "commendable" or higher was received on the most recent performance evaluation in the fiscal year. Any unused administrative leave balance at the end of a fiscal year may be approved by the City Manager to be converted to cash per the above provision; may be converted to annual leave or vacation leave, if the Department Head has used at least forty (40) hours of paid leave time in the prior fiscal year and if the maximum accumulated annual leave or vacation leave balance will not be exceeded; or the administrative leave may be extended for a period of up to four (4) months. Department Heads who terminate employment shall be paid for accumulated Administrative Leave based upon their then regular rate of pay. Management Employees: Management Employees shall be granted administrative leave at the rate of forty -eight (48) hours per fiscal year, accrued at the rate of 1.8461 hours per pay period. The amount of administrative leave earned will be prorated if service is less than one year. Administrative leave must be taken by the end of the fiscal year. It is the responsibility of the Management Employee to not permit the accumulated leave to remain after June 30 of any fiscal year. Any unused administrative leave balance at the end of a fiscal year may be approved by the. City Manager to be converted to annual leave or vacation leave, if the Management Employee has used at least forty (40) hours of paid leave time in the prior fiscal year and if the maximum accumulated annual leave or vacation leave balance will not be exceeded; or the administrative leave may be extended for a period of up to four (4) months. Management Employees who terminate employment shall be paid for accumulated Administrative Leave based upon their then regular rate of pay. On July 1 of each year, following completion of one full year of service, the Management Employee may be granted up to an additional twenty -four (24) hours of administrative leave based on the most recent performance evaluation by his /her Department Head if he /she received a rating of "commendable" or higher and the employee's Department Head has indicated that the employee Resolution No. 2004 -2218 Page 3 has spent an inordinate amount of additional work hours in performance of service to the City during the prior fiscal year. SECTION 4. ANNUAL LEAVE. Effective with the first pay period in July 2004, all Department Heads and Management Employees with less than four years of service' and with four or more years of service but less than 240 hours of accumulated sick leave will have their current, separate accumulated vacation and sick leave converted to a combined annual leave. All new Department Heads and Management Employees will accrue annual leave versus separate vacation and sick leave accruals. Department Heads and Management Employees that have four or more years of service and the required minimum number of hours of accumulated sick leave may elect by the first pay period in July 2004 to maintain their current system of separate vacation and sick leave accruals, but cannot then change to annual leave in the future. Department Heads: For those current Department Heads to be converted to an annual leave system, effective with the first pay period in July 2004, accumulated vacation leave will be converted to annual leave on an hour - for -hour basis, accumulated sick leave will be converted to the new annual leave at a ratio of sixty percent (600), and the 16 hours previously accrued as floating holiday leave will be added, resulting in annual leave accrual rates as follows: 1 to 60 Months - 7.0769 hours per pay period (equivalent to 23 eight -hour days per year); 61 to 72 Months - 7.3846 hours per pay period (equivalent to 24 eight -hour days per year); 73 to 84 Months - 7.6923 hours per pay period (equivalent to 25 eight -hour days per year); 85 to 96 Months - 8.0000 hours per pay period (equivalent to 26 eight -hour days per year); 97 to 108 Months - 8.3076 hours per pay period (equivalent to 27 eight -hour days per year); 109 to 120 Months - 8.6153 hours per pay period (equivalent to 28 eight -hour days per year); 121 to 132 Months - 8.9230 hours per pay period (equivalent to 29 eight -hour days per year); Resolution No. 2004 -2218 Page 4 133 and above Months - 9.2307 hours per pay period (equivalent to 30 eight -hour days per year, the maximum accrual rate). In the event a Department Head was employed by another public agency (city, county, or special district) at the time or within one year of his /her appointment with the City, the Department Head shall accrue annual leave at generally the same rate he /she was accruing annual leave or separate vacation leave and sick leave at the time he /she left that prior position, not to exceed the accrual rates listed herein above, and not to exceed a maximum of 8.6153 hours per pay period (equivalent to 28 eight - hour days per year) , but in no event less than 7.0769 hours per pay period (equivalent to 23 eight -hour days per year) . He /she will continue to accrue annual leave at that rate until such time as he /she would be eligible for the next increase in accrual rate based on cumulative years of service with the City of Moorpark, consistent with rates listed herein above. All accrual rates shall be calculated based on an eight -hour day. Department Heads converting to annual leave may accrue up to a maximum of six hundred and twenty (620) hours of annual leave through June 30, 2006, and after that date, the maximum accumulated annual leave will then become five hundred sixteen (516) hours. After July 1, 2006, when a Department Head's accumulated annual leave balance reaches the maximum of 516 hours, accrual of annual leave shall cease. The Department Head shall not accrue further annual leave until such time as their accumulated annual leave balance again falls below the maximum. The City Manager may approve in writing the accrual of an additional one hundred twenty (120) hours of annual leave based on City needs. At any time during the period of January 1 through June 15 of each year, the Department Head may cash out up to eighty (80) hours of accumulated annual leave, if the Department Head has taken ten (10) days of paid leave time within the prior twelve (12) -month period. The City Council may unilaterally restrict the cash out for any single fiscal year. In such case, the maximum accumulated vacation leave for the Department Heads shall be increased by the eighty (80) hours until such time as said restriction is lifted. Unless the restriction is retroactively lifted, the maximum accumulated vacation leave for the Department Heads shall remain at the new maximum accumulated rate. If the restriction is retroactively lifted, the maximum accumulated Resolution No. 2004 -2218 Page 5 balance shall revert to the 516 hours. Should the Council impose a restriction for more than one consecutive year, and less than the full term of the restriction is lifted, the maximum accumulated leave balance shall be reduced only by that amount of time for which the restriction is lifted. Management Employees: For those current Management Employees to be converted to an annual leave system, effective with the first pay period in July 2004, accumulated vacation leave will be converted to annual leave on an hour - for -hour basis, accumulated sick leave will be converted to the new annual leave at a ratio of sixty percent (600), and the 16 hours previously accrued as floating holiday leave will be added, resulting in annual leave accrual rates as follows: 1 to 60 Months - 6.1538 hours per pay period (equivalent to 20 eight -hour days per year); 61 to 72 Months - 7.3846 hours per pay period (equivalent to 24 eight -hour days per year); 73 to 84 Months - 7.6923 hours per pay period (equivalent to 25 eight -hour days per year); 85 to 96 Months - 8.0000 hours per pay period (equivalent to 26 eight -hour days per year); 97 to 108 Months - 8.3076 hours per pay period (equivalent to 27 eight -hour days per year); 109 to 120 Months - 8.6153 hours per pay period (equivalent to 28 eight -hour days per year); 121 to 132 Months - 8.9230 hours per pay period (equivalent to 29 eight -hour days per year); 133 and above Months - 9.2307 hours per pay period (equivalent to 30 eight -hour days per year, the maximum accrual rate). In the event a Management Employee was employed by another public agency (city, county, or special district) at the time or within one year of his /her appointment with the City, the Management Employee shall accrue annual leave at generally the same rate he /she was accruing annual leave or separate vacation leave and sick leave at the time he /she left that prior position, not to exceed a maximum of 7.0769 hours per pay period Resolution No. 2004 -2218 Page 6 (equivalent to 23 eight -hour days per year) , but in no event less than 6.1538 hours per pay period (equivalent to 20 eight - hour days per year). He /she will continue to accrue annual leave at that rate until such time as he /she would be eligible for the next increase in accrual rate based on cumulative years of service with the City of Moorpark, consistent with rates listed herein above. All accrual rates shall be calculated based on an eight -hour day. Management Employees converting to annual leave may accrue up to a maximum of five hundred (500) hours of annual leave through June 30, 2006, and after that date, the maximum accumulated annual leave will then become three hundred ninety -six (396) hours. After July 1, 2006, when a Management Employee's accumulated annual leave balance reaches the maximum of 396 hours, accrual of annual leave shall cease. The Management Employee shall not accrue further annual leave until such time as their accumulated annual leave balance again falls below the maximum. The City Manager may approve in writing the accrual of an additional eighty (80) hours of annual leave based on City needs. SECTION 5. VACATION LEAVE AND SICK LEAVE. For those Department Heads and Management Employees that meet the criteria listed in Section 4 to continue separate vacation and sick leave accruals in lieu of annual leave, the following vacation leave and sick leave accrual rates and provisions shall be applicable: Vacation Leave Department Heads: Eligible Department Heads shall accrue vacation leave with pay as described herein. In the event a Department Head was employed by another public agency (city, county, or special district) at the time or within one year of his /her appointment with the City, the Department Head shall accrue vacation at generally the same rate he /she was accruing at the time he /she left that prior position, not to exceed the a maximum of 6.7692 hours per pay period (equivalent to 22 eight - hour days per year) , but in no event less than 5.2307 hours per pay period (equivalent to 17 eight -hour days per year) . He /she will continue to accrue annual vacation at that rate until such time as he /she would be eligible for the next increase in accrual rate based on cumulative years of service with the City of Moorpark. All accrual rates shall be calculated based on an eight -hour day. The following vacation leave accrual rates are inclusive of the 16 hours previously granted as floating holiday leave. Resolution No. 2004 -2218 Page 7 1 to 60 Months - 5.2307 hours per pay period (equivalent to 17 eight -hour days per year); 61 to 72 Months - 5.5384 hours per pay period (equivalent to 18 eight -hour days per year); 73 to 84 Months - 5.8461 hours per pay period (equivalent to 19 eight -hour days per year); 85 to 96 Months - 6.1538 hours per pay period (equivalent to 20 eight -hour days per year); 97 to 108 Months - 6.4615 hours per pay period (equivalent to 21 eight -hour days per year); 109 to 120 Months - 6.7692 hours per pay period (equivalent to 22 eight -hour days per year); 121 to 132 Months - 7.0769 hours per pay period (equivalent to 23 eight -hour days per year); 133 and above Months - 7.3846 hours per pay period (equivalent to 24 eight -hour days per year, the maximum accrual rate). Eligible Department Heads may accrue up to a maximum of four hundred ninety -six (496) hours of vacation leave before accruals cease. The City Manager may approve a Department Head to accrue an additional one hundred twenty (120) hours of vacation leave based on City needs. Additional vacation leave accrual beyond 496 hours shall require the written approval of the City Manager. At any time during the period of January 1 through June 15 of each year, the Department Head may cash out up to eighty (80) hours of accumulated vacation leave, if the Department Head has taken ten (10) days of paid leave time within the prior twelve (12) -month period. The City Council may unilaterally restrict the cash out for any single fiscal year. In such case, the maximum accumulated vacation leave for the Department Heads shall be increased by the eighty (80) hours until such time as said restriction is lifted. Unless the restriction is retroactively lifted, the maximum accumulated leave for the Department Heads shall remain at the new maximum accumulated leave rate. If the restriction is retroactively lifted, the maximum accumulated leave shall revert to the 496 hours maximum. Should the Council impose a Resolution No. 2004 -2218 Page 8 restriction for more than one consecutive year, and less than the full term of the restriction is lifted, the maximum accumulated leave shall be reduced only by that amount of time for which the restriction is lifted. Management Employees: Eligible Management Employees shall accrue vacation leave as described herein. In the event a Management Employee was employed by another public agency (city, county, or special district) at the time or within one year of his /her appointment with the City, the Management Employee shall accrue vacation at generally the rate he /she was accruing at the time he /she left that prior position, not to exceed the equivalent of 5.2307 hours per pay period (equivalent to 17 eight -hour days per year), but in no event less than 4.3076 hours per pay period (equivalent to 14 eight -hour days per year). He /she will continue to accrue annual vacation at that rate until such time as he /she would be eligible for the next increase in accrual rate based on cumulative years of service with the City of Moorpark. All accrual rates shall be calculated based on an eight -hour day. The following vacation leave accrual rates are inclusive of the 16 hours previously granted as floating holiday leave. 1 to 60 Months - 4.3076 hours per pay period (equivalent to 14 eight -hour days per year); 61 to 72 Months - 5.5384 hours per pay period (equivalent to 18 eight -hour days per year); 73 to 84 Months - 5.8461 hours per pay period (equivalent to 19 eight -hour days per year); 85 to 96 Months - 6.1538 hours per pay period (equivalent to 20 eight -hour days per year); 97 to 108 Months - 6.4615 hours per pay period (equivalent to 21 eight -hour days per year); 109 and above Months - 6.7692 hours per pay period (equivalent to 22 eight -hour days per year, the maximum accrual rate). Eligible Management Employees may accrue up to a maximum of three hundred seventy -six (376) hours of vacation leave before accruals cease. The City Manager may permit a Management Employee to accrue an additional eighty (80) hours of vacation leave based on City needs. Additional vacation accrual beyond Resolution No. 2004 -2218 Page 9 376 hours shall not be permitted unless written approval is received from the City Manager. Sick Leave Eligible Department Heads and Management Employees shall accrue sick leave in accordance with the program approved by the City Council for Competitive Service employees, and shall be subject to such other rules and regulations pertaining to sick leave use and accrual as approved for Competitive Service employees. SECTION 6. SALARY. The Department Heads and the Management Employees of the City shall be entitled to the following Salary Adjustment benefits: Department Heads and Management Employees shall be subject to the Salary Plan adopted by the City Council resolution for Competitive Service and Non - Competitive Service employees. Department Heads and Management Employees shall be eligible for the same "cost of living" adjustments as may be granted from time to time by the City Council to Competitive Service employees. Nothing herein shall preclude the City Council from granting Department Heads and Management Employees adjustments above those granted to the Competitive Service employees. SECTION 7. INSURANCE AND HEALTH BENEFITS. Department Heads and Management Employees of the City shall be entitled to the following insurance and health benefits: A. Dental and Vision Insurance: City shall continue to pay 1000 of premiums for Department Head and Management Employees and eligible dependents' coverage for the dental and vision insurance programs, consistent with that coverage provided to Competitive Service employees. B. Medical Insurance and Health Benefits: The City's obligation for medical insurance and health benefits for Department Heads shall be as follows: Department Heads: 1. July 1, 2004, through December 31, 2004 Medical Insurance and Payment in Lieu of Dependent Coverage: This section shall only be valid for the time period Resolution No. 2004 -2218 Page 10 from July 1, 2004, through December 31, 2004, and shall terminate upon implementation of a cafeteria medical insurance program on January 1, 2005. City agrees to continue to pay 100 percent of the cost for the PERS monthly medical insurance premium for Department Head and eligible dependent(s). Payment in lieu of dependent coverage for this time period shall be as follows. Any Department Head who does not subscribe to dependent coverages for medical insurance shall be paid one -half of the premium cost for dependent coverage waived at the employee - plus -one dependent rate, calculated using the cost of the plan the employee is enrolled in for his /her own coverage. The in -lieu payment shall not exceed a total of $175.00 per month. If an eligible employee has chosen not to be covered under the City's health, dental, or vision plans, the in -lieu payment referenced above shall be based on the least costly plan. City agrees to provide this option only so long as provider does not object and this action is consistent with applicable federal and state laws. Once the employee has selected an option, he /she may not change their selected option until the renewal date of the medical insurance. 2. Beginning with Calendar Year 2005, Medical Insurance Cafeteria Plan: This section shall be valid beginning January 1, 2005, at which time a cafeteria plan will be implemented for medical insurance. The City's contribution for each Department Head shall consist of • medical insurance cafeteria plan allowance of up to • maximum of the PERS Care insurance family rate, and shall be inclusive of the minimum PERS medical insurance payment amount as specified in Section 22825 of the Government Code ($48.40 in calendar year 2005). The medical insurance cafeteria plan payment is intended to pay for medical insurance for the Department Head and eligible dependents; however, a Department Head may convert up to a maximum of $250 of the medical insurance cafeteria plan payment to cash or a deferred compensation payment each month, if not used for payment of PERS medical insurance costs for employee and /or eligible dependents. After completion of the first year of service with the City, Department Heads are eligible for a City -paid Resolution No. 2004 -2218 Page 11 comprehensive physical examination every two (2) years, with a maximum, cumulative City contribution of seven hundred and fifty dollars ($750.00) for each pre- approved comprehensive physical examination, as a supplement for costs not covered or funded by medical insurance (including any specialized examinations, tests, and laboratory costs). To be eligible for the benefit, the Department Head shall obtain the prior written approval of the City Manager. Those Department Heads and /or City Manager hired prior to April 1, 1986, that were exempted from payment of the Medicare portion of Social Security, shall have the option of either enrolling in the Medicare Program (if allowed by the Social Security Administration) with the City paying the employer's share of such costs, or the eligible employee may choose not to enroll in Medicare and the City shall pay the equivalent amount of the employer's share as deferred compensation. Management Employees: Management Employees shall be eligible to participate in the same medical programs as are made available to Competitive Service employees with the same contributions from the City toward the program premiums as provided to Competitive Service employees. For the time period from July 1, 2004, through December 31, 2004, any Management Employee who does not subscribe to dependent coverages for medical, vision, and dental plans, shall be paid one -half of the premium cost for dependent coverage waived at the employee - plus -one dependent rate, calculated using the cost of the plan the employee is enrolled in for his /her own coverage. The in -lieu payment shall not exceed a total of $175.00 per month. Beginning January 1, 2005, Management Employees shall be provided the same medical insurance cafeteria plan benefit as is made available to Competitive Service employees. C. Life Insurance: Department Heads: Department Heads shall be provided term life insurance policies at one hundred thousand dollar ($100,000) face value, with the exception that Department Heads hired prior to July 1, 2004, who were issued life insurance policies totaling $125,000, shall retain such coverage until termination of employment with the City of Moorpark. Department Heads hired on or after July 1, 2004, shall receive a $100,000 face value life insurance policy. Life insurance coverage for dependents of Department Heads Resolution No. 2004 -2218 Page 12 shall be the same as that provided for Competitive Service employees. Management Employees: Life insurance coverage for Management Employees and their dependents shall be the same as that provided for Competitive Service employees. SECTION 8. SEPARATION BENEFITS. The Department Heads and the Management Employees of the City shall be entitled to the following Separation benefits: Department Heads: Department Heads shall be eligible to receive the following paid severance benefits at his /her then current salary rate, for cumulative months of service with the City of Moorpark (unpaid leave of absence time shall be deducted), if involuntarily separated from service with the City of Moorpark for any reason other than if separated from service due to conviction of any misdemeanor concerning an act related to their official duties or moral turpitude or convicted of any felony: 1 to 36 Months of service - 480 hours of paid severance 37 to 48 Months of service - 560 hours of paid severance 49 to 60 Months of service - 640 hours of paid severance 61 to 72 Months of service - 720 hours of paid severance 73 to 84 Months of service - 880 hours of paid severance 85 or more Months of service - 960 hours of paid severance If employed as a Department Head with the City of Moorpark for 61 -180 cumulative months of service (unpaid leave of absence time shall be deducted), an eligible Department Head that accrues sick leave shall also be eligible to receive in cash payment twenty -five percent (250) of his /her sick leave balance, accumulated as of the effective date of the separation. The cash payment shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. In cases of voluntary separation from service with the City, including retirement under the City's retirement system (`Service Retirement "), or death of the employee, Department Heads shall not be eligible for the involuntary separation severance pay described in the preceding paragraphs of this section; however, Department Heads that accrue sick leave shall be eligible for a cash payment for accumulated sick leave as described in the following paragraph. If employed as a Department Head with the City of Moorpark for 61 to 180 cumulative months of service (unpaid leave of absence Resolution No. 2004 -2218 Page 13 time shall be deducted) , an eligible Department Head shall be eligible to receive in cash payment twenty -five percent (25 %) of his /her sick leave balance, accumulated as of the effective date of the separation. If employed by the City of Moorpark for more than 180 cumulative months of service (unpaid leave of absence time shall be deducted), an eligible Department Head shall be eligible to receive in cash payment fifty percent (50 %) of his /her sick leave balance, accumulated as of the effective date of the separation. The cash payment shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. Management Employees: Management Employees that accrue sick leave shall be eligible to receive the following benefits if voluntarily or involuntarily separated from service with the City of Moorpark for any reason other than if separated from service due to conviction of any misdemeanor concerning an act related to their official duties or moral turpitude or convicted of any felony. If employed as a Management Employee with the City of Moorpark for 97 to 180 cumulative months of service (unpaid leave of absence time shall be deducted), the Management Employee shall be eligible to receive in cash payment twenty - five percent (25 %) of his /her sick leave balance, accumulated as of the effective date of the separation. The cash payment shall also be paid to any qualified beneficiaries, if the involuntary separation is due to the death of the employee. In addition, in the case of Service Retirement, Management Employees shall be eligible to receive in cash payment fifty percent (50 %) of his /her sick leave balance, accumulated as of the effective date of the separation, if employed with the City of Moorpark for more than 180 cumulative months of service (unpaid leave of absence time shall be deducted). SECTION 9. TUITION REIMBURSEMENT. The Department Heads and the Management Employees of the City shall be entitled to the following Tuition Reimbursement benefits: Department Heads and Management Employees shall be eligible to receive tuition reimbursement for courses pre- approved by the City Manager and consistent with the rules, including tuition reimbursement rates, approved by the City Council for Competitive Service employees. SECTION 10. LONGEVITY PAY. After completion of cumulative Employees each pay months of service, shall be entitled to period based on the Department Heads and longevity pay benefits gross base salary fo sixty (60) Management to be paid r that pay Resolution No. 2004 -2218 Page 14 period, so long as the employee's performance evaluation is at least at a commendable level (7.0 or higher score) and the employee is not on unpaid leave. Longevity pay shall be calculated based on cumulative months of service as follows (and unpaid leave of absence time shall be deducted): Department Heads: 61 to 120 Months of service - one percent (1.0 %) 121 to 180 Months of service - one and one -half percent (1.5 %) 181 to 240 Months of service - two percent (2.0 %) 241 to 300 Months of service - two and one -half percent (2.50) 301 or more Months of service - three percent (3.0 %) Management Employees: 121 to 180 Months of service - one percent (1.0 %) 181 to 240 Months of service - one and one -half percent (1.5 %) 241 to 300 Months of service - two percent (2.0 %) 301 or more Months of service - two and one -half percent (2.5 %) SECTION 11. SUPPLEMENTAL LEAVE. Within the first 36 months of employment with the City, a Department Head may receive thirty (30) days of supplemental leave, which may be used only for a catastrophic illness or injury to the employee. The leave provided by this Section shall have no cash value at the time of separation of service from the City. Use of this leave shall be at the City Manager's sole discretion and only after exhaustion of all accumulated sick leave, administrative leave, annual leave, and vacation leave and until the Department Head is eligible for the City's long -term disability benefits or is terminated from City employment, whichever comes first. Resolution No. 2004 -2218 Page 15 SECTION 12. CAR ALLOWANCE. A monthly car allowance shall be provided for the positions listed and for the amount listed as follows: Assistant City Manager City Engineer City Manager Community Development Director Community Services Director Deputy City Manager Public Works Director The monthly car allowance shall approved and paid leave of absence. $250.00 $250.00 $415.00 $250.00 $250.00 $250.00 $250.00 be continued through any SECTION 13. DEFERRED COMPENSATION. The City Manager, Department Heads and Management Employees shall be entitled to the following deferred compensation payment: The City Manager, Department Heads, and Management Employees shall be entitled to a deferred compensation contribution made by the City into an approved deferred compensation program, as follows: City Manager - Three percent (3.0 %) of gross base salary, Department Head positions - Two and one -half percent (2.50) of gross base salary, and Management Employees - Two percent (2.0 %) of gross base salary. SECTION 14. CELLULAR TELEPHONE ALLOWANCE. A monthly cellular telephone (cell phone) allowance of $70.00 for the City Manager and $45.00 for each Department Head position shall be provided, subject to compliance with cell phone standards to be approved by the City Manager. Such standards shall include, but not be limited to, the cell phone company to be used, the service area, and voice mail and paging capabilities. In addition to the monthly allowance, the City shall reimburse the City Manager and Department Heads up to a maximum of $125.00 every two years upon submittal of an invoice showing proof of payment for a new cell phone that is in compliance with the established cell phone standards. City Manager approval is required prior to a Department Head receiving the monthly allowance and the cell phone acquisition reimbursement. The monthly cell phone allowance shall be continued through any approved and paid leave of absence. Resolution No. 2004 -2218 Page 16 SECTION 15. CITY MANAGER. In addition to applicable provisions of the Municipal Code, or other Council policy, the provisions of Sections 3, 4, 5, 6, 7, 9, 10, and 11 of this resolution pertaining to Department Heads and Sections 12, 13, and 14 shall also apply to the position of City Manager, with the following exceptions: In Section 3, administrative leave shall be accrued at the rate of one hundred and twenty (120) hours per fiscal year, accrued at the rate of 4.6154 hours per pay period. In Section 4, accrual rates for annual leave shall be added, and 145 -156 Months (year 13) of City employment shall be 9.5384 hours per pay period (equivalent to 31 eight -hour days per year) , the accrual rate for 157 to 168 Months (year 14) of City employment shall be 9.8461 hours per pay period (equivalent to 32 eight -hour days per year), the accrual rate for 169 to 180 Months (year 15) of City employment shall be 10.1538 hours per pay period (equivalent to 33 eight -hour days per year), the accrual rate for 181 to 192 Months (year 16) of City employment shall be 10.4615 hours per pay period (equivalent to 34 eight - hour days per year) , and the accrual rate for 193 and above Months (year 17 and above) of City employment shall be 10.7692 hours per pay period (equivalent to 35 eight -hour days per year); and the maximum accumulated annual leave shall be seven hundred and eighty -four (784) hours. In Section 5, accrual rates for vacation leave shall be added, and 145 -156 Months (year 13) of City employment shall be 7.6923 hours per pay period (equivalent to 25 eight -hour days per year), the accrual rate for 157 to 168 Months (year 14) of City employment shall be 8.0000 hours per pay period (equivalent to 26 eight -hour days per year) , the accrual rate for 169 to 180 Months (year 15) of City employment shall be 8.3077 hours per pay period (equivalent to 27 eight -hour days per year), the accrual rate for 181 to 192 Months (year 16) of City employment shall be 8.6154 hours per pay period (equivalent to 28 eight -hour days per year) , and the accrual rate for 193 and above Months (year 17 and above) of City employment shall be 8.9231 hours per pay period (equivalent to 29 eight -hour days per year); and the maximum accumulated vacation leave shall be seven hundred and sixty (760) hours. He /she may cash out up to one hundred twenty (120) hours of accumulated leave so long as he /she has taken ten (10) days of paid leave in the prior twelve (12) -month period; as long as at least two hundred forty (240) hours of vacation leave are accumulated, forty (40) hours of such accrual may be cashed out as deferred compensation in January of each year; and in Section 7, herein, the amount of the term life insurance policy shall be two hundred thousand dollars ($200,000), with the exception that a City Manager hired prior to July 1, 2004, who was issued life Resolution No. 2004 -2218 Page 17 insurance totaling $225,000, shall retain such coverage until termination of employment with the City of Moorpark. In addition, if the City Manager has been employed with the City of Moorpark for more than 60 months (unpaid leave of absence shall be deducted), he /she shall be eligible to receive in cash payment twenty -five percent (250) of his /her sick leave balance accumulated as of the effective date of his /her voluntary or involuntary separation from City service or upon his /her death, and if employed for more than 180 months (unpaid leave of absence shall be deducted), he /she shall be eligible to receive in cash payment fifty percent (500) of his /her sick leave balance accumulated as of the effective date of his /her voluntary or involuntary separation from City service or upon his /her death. The cash payment shall also be paid to any qualified beneficiaries, if the separation is due to the death of the employee. SECTION 16. RESCIND PRIOR RESOLUTION. Resolution No. 2004 -2161 is hereby rescinded, and the implementation of this new resolution for payroll purposes, shall be applicable to first complete payroll period following adoption of this resolution. SECTION 17. CERTIFICATION. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED th_ ATTEST: r Deborah S. Traffenste , Ci Resolution No. 2004 -2218 Page 18 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2004 -2218 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th day of July, 2004, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 23rd day of July, 2004. Deborah S. Traffenste , City Clerk (seal)