CC - Item 6B - Approval of Fifth Amendment to City Clerk Employement Agreement and Approval of Salary Schedule Resolution No. 2023-23ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: APRIL 25, 2023
SUBJECT: APPROVAL OF FIFTH AMENDMENT TO CITY CLERK
EMPLOYMENT AGREEMENT AND APPROVAL OF SALARY
SCHEDULE RESOLUTION NO. 2023-23
The City and the City Clerk entered into an Employment Agreement ("Agreement") on April 10,
2018. Section 3 of the Agreement permits the City Council to conduct performance evaluations
and grant increases in salary. Pursuant to Section 3(A)(2) of the Agreement, the City Council
conducted the City Clerk's performance evaluation on April 11, 2023. The City Clerk received a
"substantially exceeds expectations" review with a 5 rating. A substantially exceeds expectations
review entitles the City Clerk to a 5% salary increase, bringing the City Clerk's total annual base
salary from $122,054 to $128,157.
FISCAL IMPACT
The annualized fiscal impact of awarding the 5% salary increase, including related benefits, is
approximately $8,000. This amount will be included in the FY 2023-24 proposed budget.
STAFF RECOMMENDATION
That the City Council take the following actions:
Approve the granting of a 5% salary merit increase for a "substantially exceeds
expectations" performance evaluation and authorize the Mayor to execute the Fifth
Amendment on behalf of the City Council to reflect the increase.
2. Approve Resolution No. 2023-23, 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.
AGENDA ITEM 6.13
City Council Meeting
April 25, 2023
Page 2 of 2
Attachments:
A. Amendment to City Clerk Employee Agreement
B. Resolution No. 2023-23 - amending the Comprehensive Salary Schedule for
FY 2022-23
Attachment A
Amendment to
City Clerk Employee Agreement
FIFTH AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF ROSEMEAD AND ERICKA HERNANDEZ
AMENDMENT NO. 5
This Fifth Amendment (the "Fifth Amendment") is made and entered into effective
April 25, 2023, by and between the City of Rosemead, California, a municipal corporation
(the "City") and Ericka Hernandez, an individual (the "City Clerk"). The City and the City Clerk
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 10,
2018.
B. Section 3 of the Agreement permits the City Council to conduct performance evaluations
and grant increases in salary.
C. Pursuant to Section 3 (A)(2) of the Agreement, the City Council conducted the City
Clerk's performance evaluation. The City Clerk received a "substantially exceeds
expectation" review with a 5 rating which would provide for a 5% increase in base salary.
D. The Parties now desire to amend the Agreement to reflect the increase in the City Clerk's
annual salary.
OPERATIVE PROVISIONS
1. AMENDMENTS
Section 3 (a)(1)(a) of the Agreement is hereby amended to read as follows:
The annual salary for the position of City Clerk effective April 25, 2023, shall be a total
of $128,157.00.
2. REMAINDER UNCHANGED
Except as specifically modified and amended in this Fifth Amendment, the Agreement
remains in full force and effect and binding upon the parties.
3. INTEGRATION
This Fifth 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 transactions discussed in this Fifth Amendment.
4. EFFECTIVE DATE
This Fifth Amendment shall not become effective until the date it has been formally
approved by the City Council and executed by the Parties.
1
5.
6.
APPLICABLE LAW
The laws of the State of California shall govern the interpretation and enforcement of this
Fifth Amendment.
REFERENCES
All references to the Agreement include all their respective terms and provisions. All
defined terms utilized in this Fifth Amendment have the same meaning as provided in the
Agreement, unless expressly stated to the contrary in this Fifth 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
APPROVED AS TO FORM:
By:
Rachel H. Richman
City Attorney
N
City Clerk
Ericka Hernandez
An Individual
Ericka Hernandez
City Clerk
Attachment B
Resolution No. 2022-23
RESOLUTION NO. 2023-23
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, AMENDING
RESOLUTION NO. 2022-28 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 2021-22, as amended is effective April 25, 2023.
PASSED, APPROVED, AND ADOPTED this 25`h day of April, 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. 2023-23, was duly
adopted by the City Council of the City of Rosemead, California, at a regular meeting
thereof held on the 25`h day of April 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
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