CC - 2024-34 - First Amendment to Interim City Engineer Retired Annuitant Employment Agreement - Albert LeungRESOLUTION NO. 2024-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD APPROVING THE FIRST AMENDMENT
TO THE INTERIM CITY ENGINEER'S RETIRED
ANNUITANT EMPLOYMENT AGREEMENT
WHEREAS, the City and Albert Leung entered into a Retired Annuitant Employment
Agreement on November 14, 2023, and now wish to amend the Employment Agreement to extend
Albert Leung's term of employment and to adjust the hourly rate to be consistent with top -step
hourly rate should there be an adjustment during his service;
WHEREAS, the City Council is authorized to approve amendments to the Retired
Annuitant Employment Agreement;
WHEREAS, Section 6.11 of the Employment Agreement requires any amendment be in
writing and signed by the parties;
WHEREAS, the employment shall be limited to 960 hours per fiscal year;
WHEREAS, Albert Leung is a retired annuitant as further detailed in the Amended Retired
Annuitant Employment Agreement attached hereto as Exhibit A;
WHEREAS, the Rosemead City Council hereby extends Albert Leung's appointment as
an interim retired annuitant to the position of Interim City Engineer for the City of Rosemead,
effective July 1, 2024, as detailed in the Amended Retired Annuitant Employment Agreement
attached hereto as Exhibit A;
WHEREAS, the current status of this recruitment is that the job opening for the permanent
position has been publicly posted, applications are being accepted and candidates are being
reviewed;
WHEREAS, the entire Amended Retired Annuitant Employment Agreement between
;AibertLeung and the City of Rosemead has been reviewed by this body and is attached hereto as
Exhibit A;
WHEREAS, no matters, issues, terms, or conditions related to this employment and
�*pded appointment have been or will be placed on a consent calendar;
'WHEREAS, the compensation paid to retirees cannot be less than the minimum nor
exceed the maximum monthly base salary paid to other employees performing comparable duties,
divided by 173.333 to equal the hourly rate;
WHEREAS, the maximum base salary for the position of City Engineer as listed on a
publicly available pay schedule is $13,318 per month and the hourly equivalent is $76.8346, and
the minimum base salary for this position is $10,206 per month, and the hourly equivalent is
$58.8808;
WHEREAS, the hourly rate paid to Albert Leung will be $ 76.8346 per hour. The hourly
rate will be adjusted to be consistent with the top -step rate should there be an adjustment during
his service; and
WHEREAS, Albert Leung has not and will not receive any other benefit, incentive,
compensation in lieu of benefit or other forms of compensation in addition to this hourly pay rate
as so provided in Government Code § 21221(h) and related Ca1PERS regulations and policy
statements.
NOW, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY RESOLVE,
DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
The extended appointment of Albert Leung as described herein is necessary to fill
the critically needed position of Interim City Engineer for the City of Rosemead
effective July 1, 2024, because the City has been unable to fill this permanent
position for various reasons.
2. The First Amendment to the Retired Annuitant Employment Agreement for the
Position of Interim City Engineer attached hereto in Exhibit A is hereby approved.
3. The City Clerk shall certify the adoption of this resolution, and hereafter the same
shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED, this 27a' day of June, 2024.
APPROVED AS TO FORM:
Rachel Richman, City Attorney
Steven Ly, Mayor
ATTEST:
Ericka Hernanez, City-d&k
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. 2024-34, was duly adopted
by the City Council of the City of Rosemead, California, at a special meeting thereof held on
the 27h day of June, 2024, by the following vote, to wit:
AYES: ARMENTA, CLARK, DANG, LOW, LY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Ericka Hernandez, City Clerk- _ . =
EXHIBIT A
FIRST AMENDMENT AGREEMENT
FIRST AMENDMENT TO RETIRED ANNUITANT EMPLOYMENT
AGREEMENT FOR THE POSITION OF CITY ENGINEER BETWEEN THE
CITY OF ROSEMEAD AND ALBERT LEUNG
AMENDMENT NO. 1
This First Amendment (the "First Amendment") is made and entered into effective June 27, 2024,
by and between the City of Rosemead, California, a municipal corporation (the "CITY") and
Albert Leung ("LEUNG"), an individual. The CITY and LEUNG may be referred to individually
as a "Party" and collectivelv as "Parties."
RECITALS
A. The Parties entered into a Retired Annuitant Employment Agreement (the "Agreement")
on November 14, 2023;
B. Since May 2023, the CITY has had opened recruitments for the permanent position of City
Engineer. Currently, the position remains vacant. It is the City's opinion that the vacancy
is due to difficulty in recruiting the right candidate to serve as the City Engineer;
C. The CITY continues to need help in the Public Works Department to train and mentor the
staff, run operations and work on developing projects, and to provide the required legal
and administrative functions while the CITY recruits to permanently fill the vacation
position of City Engineer;
D. LEUNG brings over 30 years of professional experience in planning, design, and
construction of Capital Improvement Program management. This extensive background
includes 29 years as the Deputy Director of Facilities at Los Angeles Unified School
District, where he oversaw infrastructure programs totaling 1.2 billion in construction
costs. LEUNG is qualified and has the requisite specialized skills, training, and
experience to continue to serve as Interim City Engineer for the CITY;
E. CITY desires to continue to employ the specialized services of LEUNG as Interim City
Engineer for CITY in consideration of and subject to the terms, conditions, and benefits
set forth in the Agreement, as amended, and State Law;
F. LEUNG desires to continue his Retired Annuitant employment as Interim City Engineer
in consideration of and subject to the terms, conditions, and benefits set forth in the
Agreement, as amended, and State Law; and
G. The Parties now desire to amend the Agreement to reflect the extension of LEUNG's term
of Retired Annuitant employment as Interim City Engineer at the top of the City Engineer's
monthly salary range as approved by the City Council. In addition, the hourly rate shall be
adjusted to be consistent with the top -step hourly rate should the rate is adjusted during his
service.
OPERATIVE PROVISIONS
1. AMENDMENTS
a. Recital H of the Agreement is hereby amended to read as follows
LEUNG represents that he is a retired annuitant of the California Public Employees'
Retirement System ("CalPERS") within the meaning of Government Code § 21221(h) as
of the effective date of this AGREEMENT. LEUNG represents that he retired from the
CalPERS system at least 180 days prior to the effective date of this agreement. LEUNG
acknowledges that he is restricted to working no more than a combined 960 hours for
CITY, a state agency, or other CalPERS contracting agencies (collectively "CalPERS
Agencies") during any fiscal year. LEUNG represents that he has not received any
unemployment compensation from any CalPERS Agencies during the 12 -month period
preceding the effective date of this AGREEMENT, that he has not received a retirement
incentive upon retirement within the meaning of Government Code § 7522.56(g), and that
he has attained normal retirement age within the meaning of Government Code § 21220.5.
b. Section 1.2 of the Agreement is hereby amended to read as follows:
Term. This AGREEMENT commences and is effective on June 27, 2024,
("COMMENCEMENT DATE") after being approved by the CITY Council and executed
by LEUNG and CITY'S City Manager. Subject to the provisions set forth in Section 3
[Termination], LEUNG shall be employed in the position of Interim CITY ENGINEER
for a term commencing on the COMMENCEMENT DATE. This AGREEMENT shall
expire as of the first of the following to occur: (i) 6:00 p.m. on June 30, 2025, (ii) upon
LEUNG working the maximum number of hours allowed by CalPERS in a fiscal year; or
(iii) upon the termination of the AGREEMENT by either LEUNG or CITY as provided in
Section 3 [Termination] of this AGREEMENT.
C. Section 2.1 of the Agreement is hereby amended to read as follows:
Rate of Pay. For all services performed by LEUNG as the Interim CITY ENGINEER
under this AGREEMENT, CITY shall pay LEUNG compensation at the maximum salary
range, which is currently Seventy -Six dollars and Eighty -Three cents ($ 76.8346) per hour.
The hourly rate shall be adjusted to be consistent with the top -step hourly rate should there
be an adjustment during his service under the terms of this Agreement. Such compensation
shall be payable according to the scheduled paydays for CITY personnel.
d. Section 2.2 of the Agreement is hereby amended to read as follows:
Compliance with CalPERS Requirements. It is the intent of the parties to compensate
LEUNG only to the extent permitted under Government Code § 21221(h) and
corresponding CalPERS regulations and policy statements. The Rate of Pay set forth above
is based on the salary limitations established by CalPERS. The monthly base salary for the
position of City Engineer as listed on a publicly available pay schedule is a minimum of
$13,318 per month and the hourly equivalent is $76.8346, and the minimum base salary
for this position is $10,206 per month, and the hourly equivalent is $58.8808. The hourly
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rate shall be adjusted to be consistent with the Mid Management's cost -of -living
adjustment for FY 2024-25.
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.
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 the City Council has
formally approved it.
APPLICABLE LAW
The laws of the State of California shall govern the interpretation and enforcement of this
First Amendment.
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
indicated above.
CITY OF ROSEMEAD
A Municipal Corporation
By: )� e �
Steven L
Mayor
ALBERT LEUNG
An Individual
Albert Leung
Interim City Engineer
APPROVED AS TO FORM:
By:���
Rachel H. Richman
City Attorney
A'iTLEST-
Bneka ernandez
City Clerk