CC 12-03-2024 Item No. 13. Attachment G - Staff ReportCITY OF
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CUPERTINO
ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 • FAX: (408) 777-3109
CUPERTINO.ORG
CITY COUNCIL STAFF REPORT
Meeting: December 3, 2024
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
Reasons for Recommendation
The City and the City Attorney have reached an agreement on a third amendment to the
City Attorney's employment contract. Staff is requesting that Council adopt Resolution
No. 24-112 and approve this third amendment to the City Attorney's employment contract
as well as the conforming changes to the Appointed Employees' Compensation Program.
Key provisions of the third amendment to the employment contract are summarized
below:
An increase in the annual base salary to $310,500.
Beginning 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 Program.
An increase in severance payment from three (3) months to nine (9) months
aggregate salary and medical benefit allowance.
Title 2 of the California Code of Regulations, section 570.5, requires that the pay schedule
of every CalPERS agency be approved and adopted by the agency's governing body
pursuant to a public meeting.
Next Steps
Should Council approve the contract amendment, Administrative Services staff will work
to update salary and benefits as necessary.
Should Council not approve the contract amendment, compensation and benefits would
remain unchanged.
Sustainability Impact
There is no sustainability impact resulting from the recommended action in this report.
Fiscal Impact
The Fiscal Year (FY) 2024-25 Final Adopted Budget includes funding for the full-time
salaries and benefits of all approved positions in the City. The increased costs associated
with the City Attorney contract amendment, prorated based on the start date, total
$19,691. These costs were not anticipated at the time of budget adoption and therefore
were not included in the budget.
A budget amendment is required to account for the increased costs. It is recommended
that salary and benefits appropriations in 100-15-141 be increased by $19,691, to be funded
from the unassigned fund balance. The ending unassigned fund balance is estimated at
$33.6 million for FY 2024-25.
City Work Program (CWP) Item
Not a CWP item.
CWP Item Description
Not Applicable.
Council Goal
Not Applicable.
California Environmental Quality Act (CEQA)
Not applicable.
Prepared by: Vanessa Guerra, Human Resources Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services
Michael Woo, Senior Assistant City Attorney
Approved for Submission byL Pamela Wu, City Manager
A tta c,h men ta-
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