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Home My WebLink AboutRES-24-7466 (CITY MANAGER EMPLOYMENT AGREEMENT)Page 1 of 3 RES-24-7466 CITY OF HERMOSA BEACH RESOLUTION NO. RES-24-7466 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE FIFTH AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT AND AWARDING A ONE-TIME PERFORMANCE BONUS FOR THE PRIOR FISCAL YEAR WHEREAS, the City of Hermosa Beach and Suja Lowenthal (hereinafter “Employee”) entered into a City Manager Employment Agreement (hereinafter the “Agreement”) as of August 28, 2018, providing for employment of the City Manager of City; and WHEREAS, the City and Employee entered into four previous amendments to the Agreement; and WHEREAS, the City Council conducted the Employee’s annual performance review and now the City and Employee desire to amend the Agreement for a fourth time to increase the annual salary paid to Employee; and WHEREAS, pursuant to Section 5 of the Agreement, the Employee may be given an exceptional performance recognition in the form of a one-time check up to ten percent (10%) of base salary for exceptional performance during the prior fiscal year; and WHEREAS, the City Council desires to award a one-time performance bonus pursuant to the terms of the Agreement; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Fifth Amendment to City Manager Employment Agreement (attached as Exhibit “A”) is hereby approved and the Mayor is directed to execute. SECTION 2. Pursuant to the terms of the Agreement, Employee is hereby awarded a one-time performance bonus in the amount of Nineteen Thousand One Hundred and Twenty-Two Dollars and Sixty-Five Cents ($19,122.65) for the Docusign Envelope ID: A889F12E-60E8-4007-968A-A36CC8255F3B Page 2 of 3 RES-24-7466 prior fiscal year. This one-time performance bonus is only payable to the Employee via a mandatory contribution to Employee’s 401(a) plan. SECTION 3. Environmental Review. Pursuant to CEQA Guidelines section 15061 (b) (3), it can be seen with certainty that there is no possibility that the activity contemplated by this resolution may have a significant effect on the environment. SECTION 4. This resolution shall take effect immediately. SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this resolution. The City Council hereby declares that it would have adopted this resolution, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or unconstitutional. SECTION 6. Record of Proceedings. This resolution takes effect immediately and that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which time same is passed and adopted. The City Clerk shall keep a copy of same along with such other documents and records of proceedings as may be designated by the City Manager. PASSED, APPROVED and ADOPTED on this 12th day of November, 2024. Mayor Dean Francois PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA Docusign Envelope ID: A889F12E-60E8-4007-968A-A36CC8255F3B Page 3 of 3 RES-24-7466 ATTEST: APPROVED AS TO FORM: _______________________________ ________________________________ Myra Maravilla, Patrick Donegan, City Clerk City Attorney Docusign Envelope ID: A889F12E-60E8-4007-968A-A36CC8255F3B -1- FIFTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT This FIFTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT (hereinafter “FIFTH Amendment”) is made and entered into as of the 12th day of November, 2024, by and between the CITY OF HERMOSA BEACH, a California general law city and municipal corporation (hereinafter “City”) and SUJA LOWENTHAL (hereinafter “Employee”). R E C I T A L S A.City and Employee entered into a City Manager Employment Agreement (hereinafter the “Agreement”) as of August 28, 2018 providing for employment of Employee as City Manager of City. B.Pursuant to Section 5 of the Agreement, the City Council conducted an annual performance evaluation of Employee following her sixth full year of employment and further evaluated her salary to determine whether modifications are appropriate. C.The parties now desire to modify the Agreement in order to increase Employee’s salary for the seventh year of her employment. NOW, THEREFORE, in consideration of the foregoing, the parties agree to amend the Agreement as follows: 1.Section 5 of the Agreement is amended in its entirety to read: “5. Compensation. City agrees to pay Employee for the services required by this Agreement a monthly base annual salary of Two Hundred Eighty-One Thousand Three Hundred and Seventy-Six Dollars ($281,376.00) from August 28, 2024 through August 27, 2025, payable in installments at the same time as other employees of the City are paid. Employee shall not be entitled automatically to receive cost of living adjustments afforded Docusign Envelope ID: A889F12E-60E8-4007-968A-A36CC8255F3B -2- to City’s classified employees or department head level executives, but the City Council may, in its discretion, take the cost of living index into consideration when adjusting Employee’s compensation. At the time of her annual performance evaluation, or at any other time desired by the City Council, City agrees to evaluate Employee’s salary and/or any other benefits Employee receives under this Agreement and to make modifications in such amounts and to such an extent (whether in the nature of a cost of living adjustment, merit increase, bonus or other compensation enhancement or otherwise) as City Council in its discretion may determine that it is desirable to do so based on Employee’s performance and such other information as Employee may submit as Employee deems relevant to this determination, including evidence of salaries paid to city managers in comparable cities. Commencing with Employee’s 2022/2023 work year, Employee may be given exceptional performance recognition in the form of a one-time check up to ten percent (10%) of base salary for exceptional performance during the prior fiscal year. Such bonus, if provided, may be paid as regular pay (non-PERSable), converted to deferred compensation (401A or 457 Plan, HSA or other allowed City plan) to the extent allowed by law or some other mechanism mutually agreed by the parties.” 2.The salary adjustments provided for by this Fifth Amendment shall take effect commencing August 28, 2024. [Signature Page to Follow] Docusign Envelope ID: A889F12E-60E8-4007-968A-A36CC8255F3B -3- Except as modified above, in all other respects the Agreement is hereby reaffirmed and in full force and effect. IN WITNESS THEREOF, the parties have executed this Fifth Amendment as of the day and year first above written. CITY OF HERMOSA BEACH DEAN FRANCOIS MAYOR ATTEST: CITY CLERK EMPLOYEE SUJA LOWENTHAL CITY MANAGER Docusign Envelope ID: A889F12E-60E8-4007-968A-A36CC8255F3B State of California ) County of Los Angeles )ss ) City of Hermosa Beach November 21, 2024 Certification of Council Action RESOLUTION NO. RES-24-7466 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE FIFTH AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT AND AWARDING A ONE-TIME PERFORMANCE BONUS FOR THE PRIOR FISCAL YEAR I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution No. RES-24-7466 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 12th day of November 2024 and passed by the following vote: AYES: MAYOR PRO TEM SAEMANN, AND COUNCILMEMBERS DETOY, JACKSON, and MASSEY NOES: MAYOR FRANCOIS ABSTAIN: NONE ABSENT: NONE _____________________________ Myra Maravilla, City Clerk Docusign Envelope ID: A889F12E-60E8-4007-968A-A36CC8255F3B