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CC - Item 5G - City Council Designation and Appointment of Interim City Engineer as a Retired Annuitant PositionROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER Pk DATE: NOVEMBER 14, 2023 SUBJECT: CITY COUNCIL DESIGNATION AND APPOINTMENT OF INTERIM CITY ENGINEER AS A RETIRED ANNUITANT POSITION SUMMARY The City has opened the recruitment for a permanent City Engineer due to the resignation of the previous City Engineer in May 2023. In order to ensure the continuity of operations during this vacancy, staff is recommending the City Council adopt a resolution 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). STAFF RECOMMENDATION That the City Council: Approve the position of Interim City Engineer and authorize the position as a Retired Annuitant Position per California Government Code Sections 7522.56 and 21221(h), and, 2. Approve the appointment and authorize the City Manager to sign the agreement on behalf of the City with Mr. Albert Leung as the Interim City Engineer; and 3. Adopt Resolution No. 2023-68 authorizing the appointment of a retired annuitant to the position of Interim City Engineer. Mr. Leung brings over 30 years of professional experience in planning, design, and construction of Capital Improvement Program management, including 29 years of service to the Los Angeles Unified School District. His extensive background at Los Angeles Unified School District includes serving as the Deputy Director of Facilities, where he oversaw infrastructure programs with construction costs totaling $1.2 billion. Staff is recommending the hiring of Mr. Leung to fulfill the necessary duties until a permanent replacement is hired. AGENDA ITEM 5.G City Council Meeting November 14, 2023 Page 2 of 2 In compliance with California laws governing public sector retirements, the City can employ a retired annuitant in a vacant position when active recruitment for the position is in progress. Currently, the recruitment process for the City Engineer position is open. In previous rounds of recruitment, we encountered challenges in finding well-qualified candidates. Bringing on an Interim City Engineer provides the City with more time to secure a highly qualified permanent candidate. Additionally, the annuitant may receive compensation equivalent to a regular employee in the same capacity, with no benefits or additional compensation, and must adhere to allowable hours. Mr. Leung has agreed to top -step of the current salary range of the City Engineer position with no benefits. 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: oya Wang Director of Public Works Attachment A: Retired Annuitant Agreement Attachment B: Resolution No. 2023-68 Authorizing the Appointment of a Retired Annuitant to the Position of Interim City Engineer 4 Attachment A Retired Annuitant Agreement RETIRED ANNUITANT EMPLOYMENT AGREEMENT FOR THE POSITION OF INTERIM CITY ENGINEER CITY OF ROSEMEAD This Retired Annuitant Employment Agreement ("AGREEMENT") is made and entered into by and between the CITY OF ROSEMEAD, a Municipal Corporation of the State of California ("CITY"), and Albert Leung ("Leung"), an individual, on the following terms and conditions: RECITALS A. CITY lost their City Engineer; B. Beginning on May, 2023 the CITY commenced a recruitment for the permanent position of City Engineer; C. The vacancies of engineering staff, including the City Engineer and Director of Public Works in the past few months has placed significant strains on the City especially in the Public Works Department, resulting in service gaps, a lack of consultant oversight, and delays in the execution of the Capital Improvement Projects; D. The CITY requires assistance within the Public Works Department to provide supervision for engineering staff, oversee consultants, and manage Capital Improvement Projects while the City recruits to permanently fill the permanent position of City Engineer; E. LEUNG has over 30 years of professional experience, with 21 years in public sector executive management overseeing Capital Improvement Programs. LEUNG retired in 2017 and is uniquely qualified and has the requisite specialized skills, training and experience to serve as Interim City Engineer for the CITY; F. CITY desires 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 this AGREEMENT and State Law; G. LEUNG desires to accept Retired Annuitant employment as Interim City Engineer in consideration of and subject to the terms, conditions, and benefits set forth in this AGREEMENT and State Law; H. 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 Ca1PERS 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 "CalPERS Agencies") during CITY'S 2023-2024 fiscal year except as may be exempted under the Governor's State of Executive Order N-25-20 which exempts Retired Annuitants from the 960 hour combined maximum with 1 proper notifications, and that his compensation is statutorily limited as provided in Government Code § 21221(h). 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; I. This AGREEMENT was approved by CITY'S City Council as a regular agenda item at a Council meeting held on November 14, 2023. OPERATIVE PROVISIONS THEREFORE, in consideration of the above recitals and promises and conditions contained herein, CITY and LEUNG mutually agree as follows: 1. Position and Duties. 1.1 Position. LEUNG accepts retired annuitant employment with CITY as Interim City Engineer and shall perform all functions, duties and services of set position set forth in City Code and by direction of the Director of Public Works. LEUNG shall provide service at the direction and under the supervision of the Director of Public Works. It is the intent of the parties that LEUNG, as the City Engineer, shall keep the Director of Public Works fully apprised. Toward that end, LEUNG shall report directly to the Director of Public Works and will periodically, or as may be otherwise specifically requested by the Director, provide status reports to the Director on his activities and those of the CITY. 1.2 Term. This AGREEMENT commences and is effective on November 14, 2023 ("COMMENCEMENT DATE") after being approved by the City Council and executed by LEUNG and CITY'S Director of Public Works. Subject to the provisions set forth in Section 3 [Termination], LEUNG shall be employed in the position of 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, 2024 (ii) upon LEUNG working the maximum number of hours allowed by Ca1PERS in a fiscal year; or (iii) upon termination of the AGREEMENT by either LEUNG or CITY as provided in Section 3 [Termination] of this AGREEMENT. 1.3 At -Will. LEUNG acknowledges that he is an at -will employee of CITY who shall serve at the pleasure of the City at all times during the period of his service hereunder and that his employment may be terminated at any time for any or no reason with or without cause as provided in Section 3 [Termination] of this AGREEMENT and/or by operation of California or federal law. Nothing in this AGREEMENT is intended to, or does, confer upon LEUNG any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by CITY to terminate his employment, except as is expressly provided in Section 3 [Termination] of this AGREEMENT and/or by operation of California or federal law. Nothing contained in this AGREEMENT shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of LEUNG as provided in Section 3 [Termination]. Nothing in the AGREEMENT shall prevent, limit or otherwise interfere with the right of LEUNG 2 to resign at any time from the position with CITY, subject only to the provisions set forth in Section 3 [Termination] of this AGREEMENT. The terms of the CITY'S personnel rules, policies, procedures, ordinances, resolutions, or Municipal Code (collectively "PERSONNEL POLICIES") shall not apply to LEUNG to the extent such PERSONNEL POLICIES conflict with this Agreement. 1.4 Duties. LEUNG agrees to provide the follow services: Under the administrative direction of the Director of Public Works LEUNG will provide INTERIM CITY ENGINEER services to the City's Public Works Department and the City on an as -needed basis. LEUNG will also perform all other legally permissible and proper duties and functions consistent with the City of Rosemead Public Works Department, including those set forth in the Rosemead Municipal Code, the Personnel Rules and Regulations, and as the Director of Public Works shall assign from time to time. 1.5 Hours of Work. LEUNG shall devote the time necessary to adequately perform his duties as INTERIM CITY ENGINEER. The parties anticipate that LEUNG will work up to 40 hours per week during regular City Hall business hours or as mutually agreed by LEUNG and the Director of Public Works. However, in no event shall LEUNG be required or permitted to work in excess of 960 hours during any fiscal year except as may be exempted under the Governor's State of Executive Order N-25-20 which exempts Retired Annuitants from the 960 hour combined maximum with proper notifications. 1.6 Other Activity. In accordance with Government Code Section 1126, during the period of his employment, LEUNG shall not accept, except current non-government clients, any other work without the express prior written consent of the Director of Public Works, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except for Professional Activity or Educational Activities), whether or not for pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict-of-interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of LEUNG' S duties as CITY ENGINEER. 1.7 Reimbursement. CITY shall reimburse LEUNG for reasonable and necessary business expenses incurred by LEUNG in the performance of his duties. All reimbursements require prior approval by the Director of Public Works or are reimbursable under City policies and shall be subject to and in accordance with California and federal law. 2. Compensation. 2.1 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 rate of the salary range which is currently $74.5962) per hour. Such compensation shall be payable according to the scheduled paydays for CITY personnel. 2.2 Compliance with Ca1PERS Requirements. It is the intent of the parties to compensate LEUNG only to the extent permitted under Government Code § 21221(h) and corresponding CaIPERS 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 3 of Interim City Engineer as listed on a publicly available pay schedule is a minimum of $9,909 and a maximum of $12,930. The Rate of Pay is calculated by taking a monthly base salary of $12,930 and dividing it by 173.333 to equal an hourly rate of $74.5962. 2.3 Recordation and Reporting of Hours Worked. LEUNG will comply with all applicable CalPERS rules and regulations governing employment after retirement, including the recordation and reporting of all hours worked for CITY to CaIPERS as may be required. CITY shall assist in any such reporting obligation to CalPERS. Additionally, LEUNG shall keep CITY continually informed of any hours worked by LEUNG for other CalPERS Agencies during the term of this Agreement. 2.4 Benefits. Pursuant to Government Code § 21221(h) and related CalPERS regulations and policy statements, LEUNG shall not receive from CITY any benefits CITY commonly provides to its employees including, without limitation, medical, dental, vision, long term disability, life insurance, deferred compensation, except for Worker's Compensation Insurance coverage, social security, Medicare, or similar benefits required by state or federal law, or any paid personal time off such as vacation, sick leave, administrative leave, paid holidays or similar leave benefits. 3. Termination. 3.1 By City. CITY may terminate LEUNG for any reason, and at any time, with or without cause, during the term of the AGREEMENT, by providing LEUNG with written notice five (5) working days before said termination date, by the CITY'S Director of Public Works. CITY'S only obligation in the event of such termination will be payment to LEUNG of all compensation then due and owing as set forth in Section 2.1 [Rate of Pay] up to and including the effective date of termination. 3.2 By Employee. LEUNG may terminate his employment for any reason, and at any time, with or without cause, during the term of the AGREEMENT, by providing the Director of Public Works with seven (7) days advance written notice. CITY shall have the option, in its complete discretion, to make LEUNG'S termination effective at any time prior to the end of such period, provided CITY pays LEUNG all compensation as set forth in Section 2.1 [Rate of Pay] then due and owing him through the last day of LEUNG'S notice. LEUNG shall not be entitled to any other severance under the AGREEMENT. It is understood and agreed that any notice of termination should be given as soon as practicable and in the best interest of the CITY. 3.3 No Notice for Expiration. Nothing in Section 3 [Termination] shall be construed to require either LEUNG or CITY to give advance written notice in order for the AGREEMENT to expire as set forth in Section 1.2 [Term]. 3.4 Termination Obligations. LEUNG agrees that all property, all equipment, and other City Property, City Proprietary Information (as described Section 4) City records, and contracts shall be returned promptly to CITY upon termination of LEUNG'S employment. LEUNG'S obligations under this subsection shall survive the termination of his employment and/or the expiration of this AGREEMENT. 4. Proprietary Information. 0 "Proprietary Information" is all non-public information pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, trade secrets, confidential financial data and formulae, attorney client - privileged information, confidential licensing information, software and other computer programs, copyrightable material, and other information exempt from production under the California Public Records Act and or the Federal Freedom of Information Act. All Proprietary Information not generally known outside of CITY's organization, and all Proprietary Information so known only through improper means, shall be deemed "Confidential Information." During his employment by CITY, LEUNG shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform his job responsibilities under this AGREEMENT. Following termination, LEUNG shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. LEUNG's obligations under this Section shall survive the termination of his employment and the expiration of this AGREEMENT. A disclosure of Proprietary Information or Confidential Information by LEUNG in response to an order by a court of competent jurisdiction or in response to a subpoena by a Grand Jury or any state, federal or local law enforcement agency shall not be deemed a breach of this AGREEMENT. 5. Conflict Of Interest. LEUNG represents and warrants to CITY that, to the best of his knowledge, he presently has no interest, and represents that he will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of his services under this AGREEMENT. 6. General Provisions. 6.1 Recitals. The recitals, inclusive of all facts and representation, are incorporated into this AGREEMENT as if set forth in the Operative Provisions. 6.2 Notices. All notices, requests, demands and other communications under this AGREEMENT shall be in writing and shall be effective upon delivery by hand or four (4) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and/or to the last known address maintained in LEUNG' S personnel file. LEUNG agrees to notify CITY in writing of any change in his address during his employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section. CITY's Notice Address: City of Rosemead City Hall, Attn: City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 LEUNG'S Notice Address: 5 [Address on file with Human Resources] 6.3 Indemnification. In accordance with and to the extent provided by California's Tort Claims Act (Government Code Section 825 et seq.) and Government Code Section 995-996.6, CITY shall defend and indemnify LEUNG against and for all losses sustained by LEUNG arising out of an act or omission occurring within the scope of his employment under this AGREEMENT. 6.4 Bonding. CITY shall bear the full cost of any fidelity or other bond required of the City Engineer under any law or ordinance. 6.5 Merger, Integration and Modification. This AGREEMENT is intended to be the final, complete, and exclusive statement of the terms of LEUNG' S Retired Annuitant employment by CITY under this AGREEMENT. This AGREEMENT supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of LEUNG, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to LEUNG and are inconsistent with the terms of this AGREEMENT, the provisions of this AGREEMENT shall control. This AGREEMENT may be modified only in a writing approved by the City Manager and signed by all the parties. 6.6 Waiver. Either party's failure to exercise any right under this AGREEMENT shall not constitute a waiver of such right. Waiver by any party hereto of any term, condition, or covenant of this AGREEMENT shall not constitute the waiver of any other term, condition, or covenant hereof. 6.7 Assignment. Neither this AGREEMENT, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. 6.8 Severability. In the event any portion of this AGREEMENT is declared void, such portion shall be severed from this AGREEMENT and the remaining provisions shall remain in effect, unless the result of such severance would be to substantially alter this AGREEMENT or the obligations of the parties, in which case this AGREEMENT shall be immediately terminated. 6.9 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this AGREEMENT, the prevailing parry shall be entitled to recover reasonable attorneys' fees and costs. 6.10 Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and any action in connection with or arising out of this AGREEMENT or any dispute between the parties shall be commenced and maintained in the Superior Court of the State of California for the County of Los Angeles or the United States District Court for the Central District of California. 6.11 Interpretation. This AGREEMENT shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this AGREEMENT shall not be construed in favor of the parry receiving a benefit nor against the 0 party responsible for any particular language in this AGREEMENT. Captions are used for reference purposes only and should be ignored in the interpretation of the AGREEMENT. This AGREEMENT may be altered, amended or modified only by an instrument in writing, executed by the parties to this AGREEMENT and by no other means. Each parry waives their future right to claim, contest or assert that this AGREEMENT was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel. 6.12 Binding Effect. The rights and obligations of this AGREEMENT shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender and includes the feminine and neuter, and the singular number includes the plural. This AGREEMENT may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 6.13 Further Assurances. Each parry shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this AGREEMENT and the intent of the parties to this AGREEMENT. 7 IN WITNESS WHEREOF, CITY and PERSICO has signed and executed this AGREEMENT. DATED: DATED: ATTEST: Ericka Hernandez, City Clerk CITY: Ben Kim, City Manager LEUNG: Albert Leung APPROVED AS TO FORM: Rachel Richman, City Attorney ALBERT P. LEUNG, P.E. 30years ojprofessional experience in Capital Improvement Program planning, design and construction albertleung009.com Results -focused leader specializing in spearheading facility initiatives, building high -performing teams, establishing strategic program oversight, providing administrative leadership, and cultivating crucial internal and external relationships that enhance an employer's success. TicHNIcAL SIULLS AND EDUCATION • Professional Civil Engineer, State of California • Associate Design -Build Professional, Design -Build Institute of America • Qualified SWPPP Developer (QSD), State of California • AutoCAD, Microsoft word, Excel and multiple project management software • Queen's University; Kingston, Ontario, Canada. Bachelor of Science in Civil Engineering PROFIISSIONa SYNOPSIS AEC CONSULTANTS, INC 2018 - PRESENT Principal • Provide professional design, project delivery, and project management services. • Develop systematic approaches to project delivery and establish Standard Operating Procedures (SOP) and standards and specifications for internal staff. • Provide technical supervision to staff in analyzing and resolving engineering challenges during design and construction. • Review and evaluate time management plans, project progress and determine actions necessary to ensure timely delivery. LOS ANGELES UNIFIED SCHOOL DISTRICT, LOS ANGELES, CA APRIL 1988 - 2017 Deputy Director of Design & A/E Technical Support Senior Facilities Project Manager Supervising Civil Engineer • Oversee Bond Greening Program (1997-2000) which encompasses street improvements with a total construction value of $200 million. • Provide administrative oversight of all District Maintenance and Operations design and construction support requests (2002-2017) with an average construction value of $2 million per year. • Manage development of District Seismic Structural Retrofit Program (2005-2015) with estimated construction value of $960 million. • Administrate District Storm Water Management Program (1998 - 2017) for facilities construction program. • Oversee the administration of 150 Annual Professional Services Task Order Agreements with individual contract capacity ranging from $500,000 to $3,000,000 per agreement (2002-2017). The comprehensive role encompasses managing RFQ and RFP processes, conducting evaluation, and awarding contracts, as well as providing program management oversight • Provide administrative direction to design teams in planning, designing, and acquiring design approval from governing agencies and acts as a liaison during the construction process for design work challenges. • Conduct meetings and engage with district administrators, project management teams, commissioned architects and engineers, school personnel, public agency officials (DSA, City, County, Utility agencies) and contractors regarding District policies and building construction programs. • Oversee planning, design and construction activities of multi -discipline facilities projects and the submission of project documents for approval by the Division of State Architects and other governing agencies. Attachment B Resolution No. 2023-68 RESOLUTION NO. 2023-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPOINTING A RETIRED ANNUITANT TO THE POSITION OF INTERIM CITY ENGINEER FOR A LIMITED DURATION PURSUANT TO GOVERNMENT CODE SECTION 21221(h) WHEREAS, in compliance with Government Code Section 21221(h) of the Public Employees' Retirement Law, the City of Rosemead must provide Ca1PERS this certification resolution when hiring a retiree; and WHEREAS, Albert Leung is a retired annuitant as further detailed in the Employment Agreement attached hereto as Exhibit A; and WHEREAS, the Rosemead City Council, the City of Rosemead and Albert Leung certify that Albert Leung has not and will not receive a Golden Handshake or any other retirement -related incentive; and WHEREAS, the Rosemead City Council hereby appoints Albert Leung as an interim retired annuitant to the vacant position of Interim City Engineer for the City of Rosemead under Government Code Section 21221(h), effective November 14, 2023; and WHEREAS, an appointment under Government Code Section 21221(h) requires an active, publicly posted recruitment for a permanent replacement; and 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; and WHEREAS, this Section 21221(h) appointment shall only be made once and therefore will end no later than June 30, 2024 and as further detailed in the Employment Agreement attached hereto as Exhibit A; and WHEREAS, the entire employment agreement, contract or appointment document between Albert Leung and the City of Rosemead has been reviewed by this body and is attached hereto as Exhibit A; and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year except as may be exempted under the Governor's State of Executive Order N-25-20; and 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; and WHEREAS, the maximum base salary for the position of City Engineer as listed on a publicly available pay schedule is $12,930 per month and the hourly equivalent is $74.5962, and the minimum base salary for this position is $9,909 per month and the hourly equivalent is $57.1673; and WHEREAS, the hourly rate paid to Albert Leung will be $74.5962 per hour; and WHEREAS, Albert Leung has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate as so provided in Government Code § 21221(h) and related Ca1PERS regulations and policy statements; and WHEREAS, the expenses related to the of hiring the Retired Annuitant have no net impact to the General Fund, as the salary for this position is included in the adopted Fiscal Year 2023-24 budget. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead hereby certifies the nature of the appointment of Albert Leung as described herein and that this appointment is necessary to fill the critically needed position of Interim City Engineer for the City of Rosemead by November 14, 2023 because the City has a vacancy in this permanent position and the City needs to ensure adequate staffing during this state of emergency. PASSED, APPROVED AND ADOPTED, this 14th day of November, 2023. 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. 2023-68, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 14th day of November, 2023, by the following vote, to wit: AYES: NOES: NONE ABSENT: NONE ABSTAIN: NONE Ericka Hernandez, City Clerk