CC - Item 6A- Approval of Fourth Amendment to City Manager Employment AgreementROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: RACHEL RICHMAN, CITY ATTORNEY ,v
DATE: DECEMBER 9, 2025
SUBJECT: APPROVAL OF FOURTH AMENDMENT TO CITY MANAGER
EMPLOYMENT AGREEMENT
DISCUSSION
The City and the City Manager entered into an Employment Agreement (Agreement) on April
26, 2022. There have been three amendments since that time. Upon mutual agreement, the
parties may amend the terms of the Agreement. The Council, through the City Attorney in closed
session and City Manager negotiated a proposed change to address vacation accrual and vacation
caps for the City Manager. The Fourth Amendment will provide for a one-time allocation of 200
hours of vacation time. In addition, the cap on vacation hours in the Agreement is removed.
As required by Government Code 54953(c)(3) prior to final action on the City Manager's
benefits there must be an oral report of the change. The City Attorney will orally report the
change described above as required.
FISCAL IMPACT
There is no immediate impact on the General Fund. The one-time allocation of 200 vacation
hours has a total potential cost of approximately $29,800 if paid out. The cost will be absorbed
by the existing City Manager's Office budget.
STAFF RECOMMENDATION
That the City Council Authorize the Mayor to execute the Fourth Amendment to City Manager
Agreement with Ben Kim on behalf of the City Council.
STRATEGIC PLAN IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachment A: Fourth Amendment to the City Manager Employee Agreement
AGENDA ITEM 6.A
Attachment A
Fourth Amendment to
Employment Agreement
FOURTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF ROSEMEAD AND BEN KIM
AMENDMENT NO.4
This Fourth Amendment to the City Manager Employment Agreement between the City
of Rosemead and Ben Kim, an Individual (the "Fourth Amendment") is made and entered into
effective December 9, 2025, by and between the City of Rosemead, California, a municipal
corporation (the "City") and Ben Kim, an individual (the "City Manager"). The City and the City
Manager are sometimes individually referred to as a "Party" and collectively as "Parties."
RF.C1TAT,C
A. The Parties entered into an Employment Agreement (the "Agreement") on April 26,
2022.
B. The Parties have entered into three prior amendments.
C. The Parties now desire to enter into a Fourth Amendment to address vacation and
vacation accruals.
NOW THEREFORE the parties agree as follows:
OPERATIVE PROVISIONS
Section 7 Benefits is amended to read as follows:
"(c) Accruals: Effective December 9, 2025:
(i) City Manager will accrue vacation at a rate of 160 hours per year or 6.15 hours per
pay period. City Manager accrual of vacation hours will not be capped.
(ii) City Manager will be issued a one-time allocation of 200 hours of vacation.
Except as specifically modified and amended in this Fourth Amendment, the Agreement
remains in full force and effect and binding upon the parties.
3. INTEGRATION
This Fourth Amendment constitutes the entire understanding and agreement of the parties
and supersedes all negotiations or previous agreements between the parties with respect
to all or any part of the transaction discussed in this Fourth Amendment.
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4. EFFECTIVE DATE
This Fourth Amendment shall not become effective until the date it has been formally
approved by the City Council and executed by the Parties.
5. APPLICABLE LAW
The laws of the State of California shall govern the interpretation and enforcement of this
Fourth Amendment.
6. REFERENCES
All references to the Agreement include all their respective terms and provisions. All
defined terms utilized in this Fourth Amendment have the same meaning as provided in
the Agreement, unless expressly stated to the contrary in this Fourth Amendment.
IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date
first indicated above.
CITY
CITY OF ROSEMEAD
A Municipal Corporation
By:
Margaret Clark
Mayor
ATTEST:
By:
Ericka Hernandez
City Clerk
CITY MANAGER
Ben Kim
An Individual
By:
Ben Kim
APPROVED AS TO FORM:
By:
Rachel H. Richman
City Attorney
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