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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 m E " ° oo = v °' ❑ 21 v p v l i O ouE oLL cuo ° >0ncNWv ¢cov awo°o o u O O O vvE c C C V V U u U $ $ CvOv EmOc a v Q¢ a¢ Q Q Q Q m m U U V V u❑ m o Q o n Q w n w ry M o m 1 w ry ry w I w I m o mm m n e N m W v m w m m .n n w m m m m. m m Q m m a m ti N M m e l m m m n ry m �l1 n m n m n m w Q n m w W m Q n o m w Q m N ry N w n Q w n N e I m v n m Q n n m m m Q n m o Q in W ry o .i a ry n m .n ti N sv o Xc z W e m o 1 w w Q o m n .+ w ., w w .+ m i° ry n .+ o m w m �n m Q m w N O m N N ti 'I ry lO m Mri o m N W m m m n O i° m m O W N m m M n t0 �n Q �n Vl m m n m Jl m lD o n N m Q O W m m m m m N O m V1 m a= vi e uS m n o ti n v o m vi v �6 vi o m ro ro ai vi vi n n 0 0 av .r m N W o O m m m m o W o u m om ryW wm Nm a n m o o m m o n Ll nnw w Q M W in o w m Lr w m M N n m m Q m m m m n w o N o O O m m VI m 'I i0 �D m m n N m Q ry Q n VI N m m lQ0 o Ili m n (v m 0 o m O m m Nry IO JLnl MQ M O lD N n W .6 06 ui v 6 ui n of oo n n 6 m vi 'd m ry w m o Q ry w ry w n n Q W ry n e W ry w� rei Q m m n e a w m m w 1 0 N W w ry ti o$ a n m wry o m c rv+ vrvi O m �6 n v m ori m v ui m iri c6 m e m .6 m 0± o '' Q n m o Q 4+ m U in ry m Q o n w e m .n m Q m o N o m ry m m o m Q e n m o VI a �o a .n o m o Q m o ry N Q o m e mai rn w m ryv .+ n n ry m m .n V) e v vi v vi vi o6 16 e of o vi Is vi v m vi oo v v ui v �o od oo n N n v f0 U m CO O '1 N O Vl V O n m b O O Q V1 vl N O m n Q ry ry 0 W N O (Y) N Q M Q mw m N O M Q m O Q m n n n f1 m m m n N m m Vl l° O m m 1 �n N b v vi e v vi n � �o m o v b vi O � vi ro v v vi v �ri ro 0o n io � co o �o v �ri io E ❑ N N C L C CO n .n O .n �O w ti m e Q ry N n ti m �I o O n Q m w O .n N N w w w m O In O m n W n W Q ✓+ n n w w n m oi m W� Q n o n n ry Q w m m 2' Qi �^ 1p O Vf Q Q JI 1� t0 1� A O Q 1!f vi O W Vt n V O N OJ n n b Ji W Q ul V vi t0 0 C > m$ p N �o �O n M N o elf �O ti m n m m M N m m ti Q n n m Vf Vl r ul Q W v) n Q Q m m m Q m Q O T W m N vl -i Q m �O m m �D n O C O N Q IO v m Q �l1 N N ul m N� O m n ul W al m1 L vi v ui v e vi � vi vi ao m v vi vi v ro vi � v m vi v �o oa n � �o ui ro d vi v ori ui f6 f6 w n Q o m m ry w m ry Q ti m ti ry m [N w M Q o ai m W fn Q o OR ry Q w Q m W n n I m o Q m n Q 1 W .. m O Q Ln n o m m m' v rn N N O u u u u u u v u u u u u u u u u u u u u >-u m oz va m m -a m m m m m m oa m m .a oa m m 6 m LLa o_ a F a s% a F a F a F F n F n W a a a a a u o. o a 2 J a 2 o a w w a w w a W a w a 'a a s w 2i w w� w w w w w m E " ° oo = v °' ❑ 21 v p v l i O ouE oLL cuo ° >0ncNWv ¢cov awo°o o u O O O vvE c C C V V U u U $ $ CvOv EmOc a v Q¢ a¢ Q Q Q Q m m U U V V u❑