CC - Item 6A - Approval of Second Amendment to City Manager Employment Agreement and Adoption of Salary Schedule Resolution No. 2024-24ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: RACHEL RICHMAN, CITY ATTORNE)V�
DATE: MAY 28, 2024
SUBJECT: APPROVAL OF SECOND AMENDMENT TO CITY MANAGER
EMPLOYMENT AGREEMENT AND APPROVAL OF SALARY
SCHEDULE RESOLUTION NO. 2024-24
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. The City Council directed that an
agreement be provided to the Council for consideration of approval for a 9% salary increase
effective May 14, 2024 to the amount of $249,504.00 and a 3% COLA salary increase with all
other City Employees on July 1, 2024 to an amount of $256,992.00.
In addition, the Second Amendment would provide an increase to the City Manager's severance
from 6 months to 12 months and change the vacation accrual cap from 320 to 400. Last, the
contract would reflect the Rosemead Municipal Code language that provides the City Manager
contract will be for an indeterminate term, but the City Manager remains an at -will employee of
the City Council.
As required by Government Code 54953 prior to final action on the City Manager's salary or
compensation and benefits there must be an oral report of the change. The City Attorney will
orally report the changes as required.
STAFF RECOMMENDATION
That the City Council take the following actions:
1. Authorize the Mayor to execute the Second Amendment to City Manager Agreement
with Ben Kim on behalf of the City Council.
2. Approve Resolution No. 2024-24, amending the Comprehensive Salary Schedule for
Fiscal Year 2023-24 effective May 28, 2024, and Fiscal Year 2024-25 effective July 1,
2024.
Ex" 4017:11YY91uL-II:\
City Council Meeting
May 28, 2024
Page 2 of 2
STRATEGIC PLAN IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachment A: Second Amendment to the City Manager Employee Agreement
Attachment B: Resolution No. 2024-24 - amending the Comprehensive Salary Schedule for
Fiscal Year 2023-24 effective May 28, 2024, and Fiscal Year 2024-25 effective July 1, 2024
Attachment A
Second Amendment to City Manager
Employee Agreement
SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF ROSEMEAD AND BEN HIM
AMENDMENT NO.2
This Second Amendment (the "Second Amendment") is made and entered into effective May 28,
2024, 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."
RECITALS
A. The Parties entered into an Employment Agreement (the "Agreement") on April 26,
2022.
B. On May 14, 2024, the City Council conducted the City Manager's performance
evaluation. The City Manager received a "substantially exceeds expectations" review.
C. The City Council also directed a contract amendment come back for approval to provide
a 9% increase based on that performance evaluation and to bring the salary within
midrange of the salaries for city managers in the Region. The Council also agreed to
provide the City Manager a 3% cost of living increase (COLA) to go into effect July 1,
along with the COLA for all other City employees.
D. The City Council desires to implement a 9% increase in the City Manager's annual salary
to a total of $249,504.00 and a 3% COLA increase on July 1 to a total of $256,992.00.
E. The Parties now desire to amend the Agreement to reflect the increases in the City
Manager's annual salary as well as make additional amendments relating to the term of
the Agreement, increasing severance from 6 to 12 months and increasing the vacation
accrual cap from 320 to 400 as provided below.
OPERATIVE PROVISIONS
1�4110 101►1Bid 191►Y 161
The following amendments are made to the Agreement as follows:
(a) Section 3 of the Agreement is hereby amended in full to now read as follows:
Effective May 14, 2024, Employee shall remain as an exclusive employee of the City for
an indefinite term subject to the provisions contained in this Agreement and the
Rosemead Municipal Code concerning separation from service.
(b) Section 6(a) of the Agreement is hereby amended to read as follows:
Effective May 14, 2024, City agrees to pay City Manager $249,504.00 as an annual base
salary per year ($20,792.00 per month) during the term of this Agreement for his
4876-7139-3640 v I
services. One July 1, 2024, the City Manager will receive a COLA increase of 3% for an
annual salary of $256,992.00. 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.
(c) Subsection 7(c) Accruals is amended to read:
c. Accruals: City Manager shall accrue vacation at a rate of 160 hours per year or 6.15
hours per pay period. City Manager vacation hours shall be capped to a total of 400
hours.
(d) Subsection 8(e) Severance is amended to read as follows:
e. Upon the effective date of the written waiver under d., City agrees to provide City
Manager with a one-time cash payment equal to twelve (12) months of base salary plus
the value of twelve (12) months of City -paid health benefits, minus any required
withholding. Such payment shall release City from any further obligations under this
Agreement and any amendments thereto.
2. REMAINDER UNCHANGED
Except as specifically modified and amended in this Second Amendment, the Agreement
remains in full force and effect and binding upon the parties.
3. INTEGRATION
This Second 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 Second Amendment.
4. EFFECTIVE DATE
This Second 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
Second Amendment.
6. REFERENCES
All references to the Agreement include all their respective terms and provisions. All
defined terms utilized in this Second Amendment have the same meaning as provided in
the Agreement, unless expressly stated to the contrary in this Second Amendment.
4876-7139-3640 v 1
2
IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date
first indicated above.
City City Manager
CITY OF ROSEMEAD Ben Kim
A Municipal Corporation An Individual
By:
Steven Ly
Mayor
ATTEST:
By:
Ericka Hernandez
City Clerk
4876-7139-3640 v I
3
RA
Ben Kim
City Manager
APPROVED AS TO FORM:
Rachel H. Richman
City Attorney
Attachment B
Resolution No. 2024-24
RESOLUTION NO. 2024-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING THE COMPREHENSIVE
SALARY SCHEDULE TO MEET THE CALIFORNIA CODE OF
REGULATIONS TITLE 2, SECTION 570.5 AND 571 TO REFLECT
APPROVED RATES FROM MAY 28, 2024 THROUGH JUNE 30, 2025
WHEREAS, the City Council has the authority to create, classify, and design salary
scales/ranges for all City of Rosemead employee positions; and
WHEREAS, California Code of Regulation (CCR) Title 2, Section 570.5 and
amendment to CCR Section 571 requires a consolidated Salary Schedule that is publicly
available showing all City classifications and salary ranges; and
WHEREAS, the City Council wishes to meet the requirements of these regulations by
adopting a Salary Schedule, which sets forth the salary scales/ranges for all City of Rosemead
employee classifications; and
WHEREAS, Exhibit A includes the Citywide Salary Schedule that reflects the new
salary rates for all classifications.
NOW THEREFORE, BE IT RESOLVED that hereby adopts the Salary Schedule for all
City of Rosemead employee classifications as set forth in the attached Exhibit A to reflect the
new salary rates for Fiscal Year 2023-24 effective May 28, 2024, and Fiscal Year 2024-25
effective July 1, 2024.
PASSED, APPROVED, AND ADOPTED this 28a' day of May, 2024.
Steven Ly, 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. 2024-24, was duly
adopted by the City Council of the City of Rosemead, California, at a regular meeting
thereof held on the 28'x' day of May 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
w w w w w E f f
u u u W z W W z z W z z z z z z
'a a'L$'u$'u$'lS W -,si ����� Eidaiidncin cic a -M0u0 WU' WU' U' w u 0 0 0 0
7E
�. .o+��mSe
�mmm`n"�mevmin vmionnumir.e+r ourvi��
N��ao��wmreimn °�'i
,+ OO N m N b N N
fV OO OO OO N m O ri N b °i 1� ri b 1� n Ci r n n
N ui b n tO VI vi N VI � n vl VI
N
N N .4 ti ti N N
N ei .yp4 '1 'I '1 .4
q
E
€
g
m a
v
mm p
A! N N N b T N N It m e m T li O O 1� T e b
m p
C T �O N. M n O m O '1 I W
0
. . . .
. . . . . . . . . . . .
T n a m O N
E o f D
I N . ry 'I °1 m N �G m 1� 1� N O G
O
p mM
10 O O I� O 10 m I° n QL Pm 1°
C
o + i
E
O N N O P T ... 10 b V W n P n
YI N b n P P N V m ri 1p P P
Y
a
^
°
i 2 Z 8
°
0= E H o
a
V m m Ol N °1 O DJ m YI N N DJ P_ ti_
�_ O N Nm_ N �_ O_ n O_ Vel_ n N O
E g Y
d a i `v Y E
`v
O� P P P P n P n m N n m m b mmp m l0 b n
t
mp
V1 m n 1° VmI Vl
N m b b Vpgl
c
a 2 E
pm mp
mQO
C
p p �p p
m ri � b b m
pe
V V b b N O F
'- i ud A c y a vEi
W
val
O�� Oi Oi Oi °i lO m VI lC l0 vi l0 lG iG
Yf e Vi lD N P
O c o E
'b.- o o d a E w o o
3
U
- c w`
_<< E
E o
v v '°" ^' E`
Pmmggemn n n m� nen
vmi�mo
V7
a�n 8ivry to .m, a
Vl
c .+ P m Pan P m M P m e to vi a e n to a s
d e vi � vi a vi a vi n to < vi
V
N
m
O
T
O
C m C
W a m eV W ul vl T N O m C
imp G pm app C Qml
N m n C m O
T
9 v
O N
vtOi
O O e1Oi VOl Oml Vii
01 O O 01 m- P 0 F m l0 N Yt 0 l0 lO VI VI b n lG b b
10 O °mi O O� e1Oi 1�
O O VI b N O O O Vf N b Y m
rct�i/�
v
"••
°•
O�
l° H N T n N em1 e01 fnV lD n N e,D1 N m N N Vl e1 eei n
m�Pm.+em m.rz
T N T �pp N
W
u�
w W
.rv+n m
m.6.6 .6
°io006 a6 as of n eee via zuer,PPna le le
It -i r"iEnmmm
devieaaa aaeviaa
i
E w
�
H
InuT+
o .P+
m m n ry S n ffi n n
.
P o o m m m � m m m P e n m P m P P n P e m
_ _ _ .
e e P P e e e e e m ul e e
N
M
N
ry n m m
VI VI l°
m n n n m P o e M m P P r m o n o
P b b b e Q n a Vl Uf 1� W O
N P
N N n t° VPl P V1 T T P
�
.y
ac of °i acn aan urovime� vi ui vi vi viemuie
aePuiaaamaeviae
LL
n.Ni ..���w
w w w w w E f f
u u u W z W W z z W z z z z z z
'a a'L$'u$'u$'lS W -,si ����� Eidaiidncin cic a -M0u0 WU' WU' U' w u 0 0 0 0
7E
E
O
N
q
E
€
g
m a
v
0
i Y
E o f D
n
o + i
E
m 9 a .. = N a s
v:
Y
a
c 3 E
°
i 2 Z 8
°
0= E H o
a
E g Y
d a i `v Y E
`v
m
c
a 2 E
q
c �. v
°' a` a E
`o
'- i ud A c y a vEi
W
val
O c o E
'b.- o o d a E w o o
3
o o
a
- c w`
_<< E
E o
v v '°" ^' E`
�°'�i,m
mm.71y��n2{Monng25 'n
bN.3
devmi_m
mma$ nmo
Id.�g��g.N.,m uni,m .n+
v O O N m N m N m N m n N N n N� m O T ry p M v
OM1 W W P b N W N O n n VI n N N O N b 0
d p P N pp my m i d
Jnl O m O O 111 Of ti P N M n N
N OO O Oi W n V N Omi h n N 1p� r P n n n
'i Z Od
N vi iG r IO N N N N f0 ri vi N
pO
O O b
T W n
T N N. m N. In11 N INl1 T d N T V O O 111
'1 N N O N O Omi O n 4qO NO O1 n n 10 1m0Np
d �O N e'1 O a( O IN/1 0
10 n N N N NO N mm n Np N
C�
O
C
O� b
q .mi eni N N n m .Mi pi T N �O .Pi T e'I i^ n N O n T
O N 1V O O1 O OI W Oi 1� N N 01 n n N b b W n n n
N� d O n O �O W t0 n X11
N VI b n N N Yf V N n 1O Yf N
N T N T 1� 01 0� 4O IN"I O� N� b� Id/IVPI N OJ P ti e0'I O f4py W N W Q n O N 1� N Q
b m m P N
O e'1 e'I O� P P Oi n OmI n rO N p m n IO m IO IpO 0 10 pb F vl Vl IO 1O N O N V Vf n b N VI
IQII O Q O b m b O P W 1N11 b P T Q O b n P P W O b T np N p N m N
Q m O M M N O T
C� ti P 0± P m n P t0 N N m b b N m b .616
N m d Q IG V V1 d N V N n 10 vi VI
IO P m Q „'1 n 10 1V Q i� O r N n Q N 1� m Ie O1 O N b M Q eNi 1"I T OMIT M
S 1N'I 1d'1 T I� M N
O ti '1 O� W O� b n 01 N VI VI W V ID N N N h 10 IO b O< V1 N VI O VvI V vi ri N d N
i(O1 N N O Q O M^ 0 N N O eb1 N T �D P O Ib11 111 Q Ybl b VI m N O O T T O 01 rb'I n
n m m
Of O O Oi m T m m 10 II1 Vf m 10 V N N1p I� b IO b O d N b N Q Q O VI ID N d
e .n uoi_ iq n o to m m w m 'I a m m OO n n Imil
M� .Ni m Q m O P m W N m n P m m
d o O m m m m n m m N e n m 10 N N VI IG IO b e O VI N a a a e C 10 V1 e e
gm$mn^y a o'n"loir_m u�in
d Q tP`I INTI P P N^ N m m T n^ vT-I N N
1"I N O N N P O O W m n b m m N O N N N N n N 10 10 d O N N d d d d V b N O O
W W W W w V V U U U U U V V U U U U W W Z W z W W W z Z z Z
6 6 W X. W W n Gi fy d� 6 6 6 6 6 6 6 w
Q Q W
3 r
E f
9 p
q O
V � C
g v H E E m n
N O° 3 V yO C6
^ 2 o_ '` .° 01 A ° q 10.i> m E u ffi 9
- w° a d u $
° i m E .E
V O O O O V
•d �, �. H V d N d .� t G N j N j 6 j V 9 9 N uI d i
O w 2 2 N d V O°V yQu� ° U
m y O V 9 O O V C Q A 1 d
w V V Q O C O O m lJ 0 'u S 6 6 6 0 0 0 G Q 6' Q Q Q u 6 6 C Vi