CC - Item 5A - Approval of First Amendment to City Manager Employment AgreementROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER/
DATE: JUNE 13, 2023
SUBJECT: APPROVAL OF FIRST AMENDMENT TO CITY MANAGER
EMPLOYMENT AGREEMENT
SUMMARY
The City and the City Manager entered into an Employment Agreement ("Agreement") on April
26, 2022. Section 6 of the Agreement permits the City Council to conduct performance
evaluations and grant increases in salary. Pursuant to Section 6 (c) of the Agreement, the City
Council conducted the City Manager's performance evaluation. The City Manager received a
"substantially exceeds expectations" review with a 5 rating. A substantially exceeds
expectations review entitles the City Manager to a 5% salary increase. A 5% increase would
bring the City Manager's total annual salary to $228,900.
STAFF RECOMMENDATION
That the City Council take the following actions:
1. Approve the granting of a 5% salary merit increase for a "substantially exceeds
expectations" performance evaluation and authorize the Mayor to execute the First
Amendment on behalf of the City Council to reflect the increase.
2. Approve Resolution No. 2023-31, amending the Comprehensive Salary Schedule for
FY 2022-23.
STRATEGIC PLAN IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachment A: First Amendment to the City Manager Employee Agreement
Attachment B: Comprehensive Salary Schedule for FY 2022-23
AGENDA ITEM 5.A
Attachment A
First Amendment to City Manager
Employment Agreement
FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF ROSEMEAD AND BEN HIM
AMENDMENT NO. 1
This First Amendment (the "First Amendment") is made and entered into effective June 13,
2023, 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 "Parry" and collectively as "Parties."
RECITALS
A. The Parties entered into an Employment Agreement (the "Agreement") on April 26,
2022.
B. Section 6 of the Agreement permits the City Council to conduct performance evaluations
and grant increases.
C. On May 9, 2023, the City Council conducted the City Manager's performance evaluation.
The City Manager received a "substantially exceeds expectations" review which the
City's practice results in a 5% increase.
D. The City Council desires to implement a 5% increase in the City Manager's annual salary
to a total of $228,900.00.
E. The Parties now desire to amend the Agreement to reflect the increase in the City
Manager's annual salary.
OPERATIVE PROVISIONS
1. AMENDMENT
Section 6(a) of the Agreement is hereby amended to read as follows:
Effective June 13, 2023, City agrees to pay City Manager $228,900.00 as an annual base
salary per year ($19,075.00 per month) during the term of this Agreement for his
services. All salary payments to City Manager shall be payable in installments at the
same time as other City employees of the City are paid and subject to the customary
withholding.
The annual salary for the position of City Manager shall be $228,900.00.
2. REMAINDER UNCHANGED
Except as specifically modified and amended in this First Amendment, the Agreement
remains in full force and effect and binding upon the parties.
4876-7139-3640 v 1
3.
C!
5.
6.
INTEGRATION
This First 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 First Amendment.
EFFECTIVE DATE
This First Amendment shall not become effective until the date it has been formally
approved by the City Council and executed by the Parties.
APPLICABLE LAW
The laws of the State of California shall govern the interpretation and enforcement of this
First Amendment.
REFERENCES
All references to the Agreement include all their respective terms and provisions. All
defined terms utilized in this First Amendment have the same meaning as provided in the
Agreement, unless expressly stated to the contrary in this First 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:
Sean Dang
Mayor
ATTEST:
By:
Ericka Hernandez
City Clerk
4876-7139-3640 v I
2
City Manager
Ben Kim
An Individual
Ben Kim
City Manager
APPROVED AS TO FORM:
Rachel H. Richman
City Attorney
Attachment B
Comprehensive Salary Schedule for
FY 2022-23
RESOLUTION NO. 2023-31
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, AMENDING
RESOLUTION NO. 2022-23 ESTABLISHING THE
COMPREHENSIVE SALARY SCHEDULE FOR ALL FULL-
TIME CLASSIFICATIONS IN THE CITY OF ROSEMEAD
WHEREAS, THE FOLLOWING classifications in the City of Rosemead ("City") are
critical to the efficient and effective operations of the City;
WHEREAS, the City Council desires to establish the compensation levels for full-time
classifications in the City;
NOW THEREFORE, BE IT RESOLVED that the Comprehensive Salary Schedule for
full-time employees for FY 2022-23, as amended is effective June 13, 2023.
PASSED, APPROVED, AND ADOPTED this 13" day of June, 2023.
Sean Dang, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution No. 2023-31, was duly
adopted by the City Council of the City of Rosemead, California, at a regular meeting
thereof held on the 13`h day of June 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
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