CC 12-03-2024 Item No. 13. City Attorney Employment Contract_Desk Item1
CITY COUNCIL STAFF REPORT
DESK ITEM
Meeting: December 3, 2024
Agenda Item #13
Subject
Approve the third amendment to the City Attorney’s employment contract
and revise the Appointed Employees’ Compensation Program
Recommended Action
A. Adopt Resolution No. 24‐112 approving the third amendment to the City Attorney’s
employment contract;
B. Adopt Resolution No. 24‐113 to amend the Appointed Employees’ Compensation
Program effective December 3, 2024; and
C. Adopt Resolution No. 24‐114 approving Budget Modification No. 2425‐370,
increasing appropriations by $19,691, resulting in the use of unassigned fund balance
of $19,691
Background:
The Agenda for the December 3, 2024 City Council meeting inadvertently omitted the Staff
Report for item 13 on the Action Calendar: “Approve the third amendment to the City
Attorney’s employment contract and revise the Appointed Employees’ Compensation
Program.” Attached to this desk item is the Staff Report for item 13 (Attachment G).
Additionally, at the request of Councilmember Chao, this desk item attaches a revised
Draft Resolution (Attachment H) approving the third Amendment to the City Attorney
Employment Agreement with the insertion of Whereas clauses explaining that the Second
Amendment that was approved on July 19, 2022 has not been revised.
Lastly, below are responses to questions from Councilmember Chao:
Revised Q1: Please list the other components of the contract, such as the me‐to clause,
severance pay and cooling period, which are either added to the contract or unchanged in
the contract. (Councilmember Chao)
Staff response: The proposed Third Amendment adds a “me‐too” clause and increases the
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severance payment from three (3) months to nine (9) months. All other terms are the same as in
the Employment Agreement approved on June 15, 2021.
Q1‐2: Whatʹs the total compensation for the City Attorney in the new contract? What it
consists of? (Councilmember Chao)
Staff response: The total compensation is $330,000 consisting of a proposed annual salary of
$310,500 and contribution of $19,500 in deferred compensation.
Q2: The resolution states ʺWHEREAS, on January 1, 2026, the City Attorney’s salary shall
be increased by the same percentage and at the same time as any discretionary across‐
the‐board increase in base annual compensation granted to exempt management
employees covered by the Unrepresented Employees’ Compensation Programʺ, which is
commonly know as the me‐too clause. Whatʹs the ʺdiscretionary across‐the‐board
increase in base annual compensation granted to exempt management employeesʺ in
each of the past years? (Councilmember Chao)
Staff response: Exempt management employees typically receive the same cost of living increase
provided to union represented employees. In 2024, no employees received a COLA; in 2023, the
COLA was 3.5%.
Q3: Please provide a comparison table between the first amendment, second and the
third amendment, including the date of the first, the second amendments and date of
approval. (Councilmember Chao)
Staff response:
Amendment Date of Council Approval
First July 20, 2021
Second July 19, 2022
Third December 3, 2024
Q3‐1: Please provide the percentage of increase for the total compensation between
amendments? (Councilmember Chao)
Staff response: The second amendment increased the City Attorney’s salary from $255,000 to
$280,000 (9.8% annual increase from prior year). The proposed third amendment will increase the
salary from $280,000 to $310,500 (10.89% increase from July 2022, an approximate 5.44%
annual increase).
Q4: Please provide CPI for each year since the first amendment. (Councilmember Chao)
Staff response:
2021 3.8%
2022 6.0%
2023 2.8%
2024 2.4%
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Q5: Please include the comparison table for city attorney salaries with other cities, made
available to the Council. (Councilmember Chao)
Staff response: Please see attached (Attachment I).
Q6: Please provide instructions on how to find the first and second amendments of the
city attorney contract from the city records?
Staff response: Public employee information can be found on the City’s webpage under “Our
City”, then select “Human Resources” under “Departments”. Once on the Human Resources
page, select “MOUs and Compensation Programs”.
Q6‐1: Please also include them aa attachments too.
Staff response: Please see attached.
Attachments Provided with Original Staff Report (inadvertently not included in agenda):
A. Draft Resolution approving the third Amendment to City Attorney Employment
Agreement
B. Draft Third Amendment to the City Attorney Employment Agreement
C. Draft Resolution amending Appointed Employees’ Compensation Program
D. Amendments to the Appointed Employees’ Compensation Program (Redline)
E. Amendments to the Appointed Employees’ Compensation Program (Clean)
F. Draft Resolution approving budget modification
Additional Attachments Provided with Desk Item:
G. Staff Report
H. Revised Draft Resolution
I. Comparison Table for City Attorney Salaries
J. First and Second Amendments to City Attorney Employment Agreement