CC - Item 4L - Approval of Second Amendment to Interim City Enginer's Employement Agreement as a Retired Annuitant PositionROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
#L -
DATE: NOVEMBER 12, 2024
SUBJECT: APPROVAL OF SECOND AMENDMENT TO INTERIM CITY
ENGINEER'S EMPLOYMENT AGREEMENT AS A RETIRED
ANNUITANT POSITION
SUMMARY
In May 2023, the City opened the recruitment for a permanent City Engineer due to the resignation
of the previous City Engineer. On November 14, 2023, the City Council authorized the City
Manager to appoint Mr. Albert Leung as a Retired Annuitant to the position of City Engineer as
authorized per California Government Code Sections 7522.56 and 21221(h). The recruitment is
ongoing, but the position remains vacant. Additionally, beginning August 12, 2024, the Director
of Public Works position became vacant. On August 12, 2024, Mr. Leung became the Acting
Director of Public Works until the position was filled on October 28, 2024. Therefore, staff is
requesting an amendment to Mr. Albert Leung's agreement for FY 2024-25 to include his Acting
assignment and to allow for Acting Pay between August 12, 2024, to October 27, 2024, and
beginning October 28, 2024, Mr. Leung's position and pay would revert back to City Engineer
until such time when the permanent City Engineer position is filled.
On June 27, 2024, the employment agreement with Mr. Leung was amended to adjust the rate of
pay and extend the term of the agreement to June 30, 2025. The City is actively recruiting for a
permanent City Engineer, but the position remains vacant for the right candidate with desired
qualifications, experience, and abilities to fit well with the organization and the community. Mr.
Leung, since joining the Public Works Department, has provided excellent oversight and
mentoring to staff, has established City standards and procedures, and has made progress in
furthering the Capital Improvement Program goals of the City.
Beginning August 12, 2024, the position of Director of Public Works became vacant, and Mr.
Leung became the Acting Director of Public Works. There is a need to amend the employment
agreement with Mr. Albert Leung for FY 2024-25 to include his Acting assignment and to allow
for Acting Pay between August 12, 2024, to October 27, 2024.
AGENDA ITEM 4.1,
City Council Meeting
November 12, 2024
Page 2 of 2
STAFF RECOMMENDATION
that the City Council approve Resolution No. 2024-59, amending the Employment Agreement
with Mr. Albert Leung to include time spent as Acting Director of Public Works and an increase
in hourly rate appropriate to his acting assignment for the Retired Annuitant position per California
Government Code Sections 7522.56 and 21221(h).
FISCAL IMPACT
There is no additional financial impact associated with this engagement as the City Engineer's
salary is currently budgeted; however, there will be savings since retired annuitants receive no
benefits other than those required by law such as the City's portion of Medicare and Social
Security.
STRATEGIC PLAN IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared By:
Bryan Chua
Director of Finance
Attachment A: Resolution No. 2024-59 Approving Second Amendment to the Interim City
Engineer's Retired Annuitant Employment Agreement with Exhibit A
(Second Amendment Agreement)
Attachment A
Resolution No. 2024-59
RESOLUTION NO. 2024-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD APPROVING THE SECOND AMENDMENT TO THE
INTERIM CITY ENGINEER'S RETIRED ANNUITANT
EMPLOYMENT AGREEMENT TO TEMPORARILY APPOINT
ALBERT LEUNG AS ACTING PUBLIC WORKS DIRECTOR
FROM THE PERIOD OF AUGUST 12th, 2024 THROUGH
OCTOBER 271h, 2024
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
retroactively appoint Albert Leung as Acting Public Works Director from the period of August
12`h, 2024 through October 27`h, 2024;
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 amends Albert Leung's appointment as
an interim retired annuitant back to the position of Interim City Engineer for the City of Rosemead,
effective October 281h, 2024 through June 30, 2025, 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
City Engineer position and Public Works Director has been publicly posted, applications are being
accepted and candidates are being reviewed;
WHEREAS, the entire Amended Retired Annuitant Employment Agreement between
Albert Leung 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
extended 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 Public Works Director as listed
on a publicly available pay schedule is $18,601 per month and the hourly equivalent is $107.3160,
and the minimum base salary for this position is $14,309 per month, and the hourly equivalent is
$82.5508;
WHEREAS, the hourly rate paid to Albert Leung will be $ 97.5577 per hour during his
temporary appointment of Acting Public Works Director from the period of August 12th, 2024
through October 27th, 2024; and
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 when he
returns to his Interim City Engineer appointment on October 28th, 2024 through June 30, 2025.
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 CalPERS regulations and policy
statements.
NOW, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY RESOLVE,
DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
1. The extended appointment of Albert Leung as described herein is necessary to fill
the critically needed position of City Engineer and Public Works Director, because
the City has been unable to fill the permanent positions for various reasons.
2. The Second Amendment to the Retired Annuitant Employment Agreement for the
Position of Acting Public Works Director attached hereto in Exhibit A is hereby
approved.
3. The Second Amendment to the Retired Annuitant Employment Agreement for the
Position of Interim City Engineer attached hereto in Exhibit A is hereby approved.
4. 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 12`h day of November, 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. 2024-59, was duly adopted
by the City Council of the City of Rosemead, California, at a special meeting thereof held on
the 12th day of November, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
EXHIBIT A
SECOND AMENDMENT AGREEMENT
SECOND AMENDMENT TO RETIRED ANNUITANT EMPLOYMENT
AGREEMENT FOR THE POSITION OF CITY ENGINEER BETWEEN THE
CITY OF ROSEMEAD AND ALBERT LEUNG
AMENDMENT NO.2
This Second Amendment (the "First Amendment") is made and entered into effective November
12, 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 collectively 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.
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 ("CaIPERS") within the meaning of Government Code § 21221(h) as
of the effective date of this AGREEMENT. LEUNG represents that he retired from the
CaIPERS 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 Ca1PERS contracting agencies (collectively "CaIPERS
Agencies") during any fiscal year. LEUNG represents that he has not received any
unemployment compensation from any Ca1PERS 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. Additionally, LEUNG shall
be temporarily appointed as Acting Public Works Director for the period of August 12,
2024, through October 27, 2024. 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 Ca1PERS 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. For all services
performed by LEUNG as the ACTING PUBLIC WORKS DIRECTOR under this
AGREEMENT, CITY shall pay LEUNG compensation at the rate of Ninety -Seven dollars
and Fifty -Five cents ($ 97.5577) per hour.
d. Section 2.2 of the Agreement is hereby amended to read as follows:
Compliance with CaIPERS Requirements. It is the intent of the parties to compensate
LEUNG only to the extent permitted under Government Code § 21221(h) and
corresponding Ca1PERS 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
rate shall be adjusted to be consistent with the Mid Management's cost -of -living
adjustment for FY 2024-25. The maximum base salary for the position of Public Works
Director as listed on a publicly available pay schedule is $18,601 per month and the hourly
equivalent is $107.3160, and the minimum base salary for this position is $14,309 per
month, and the hourly equivalent is $82.5508.
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.
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 First Amendment.
C�0Iyi1X01IWDI) :V 10
This Second Amendment shall become retroactively effective on the date the City Council
has formally approved it.
5. APPLICABLE LAW
The laws of the State of California shall govern the interpretation and enforcement of this
First Amendment.
6. 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 Second Amendment.
IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date
indicated above.
CITY OF ROSEMEAD
A Municipal Corporation
M
Steven Ly
Mayor
ALBERT LEUNG
An Individual
Albert Leung
Interim City Engineer
APPROVED AS TO FORM:
By:
Rachel H. Richman
City Attorney
ATTEST:
By:
Ericka Hernandez
City Clerk