Staff Report – Third Amendment to Employment Contract with Dan Barros Page 1 of 2 25977.00100\45061327.1
STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Christopher J. Diaz, City Attorney
MEETING DATE: June 10, 2026
SUBJECT: Third Amendment to Employment Contract for City Manager
RECOMMENDATION
Staff recommends that the City Council adopt the following:
RESOLUTION APPROVING A THIRD AMENDMENT TO THE EMPLOYMENT CONTRACT
WITH DAN BARROS TO PROVIDE FOR A SALARY ADJUSTMENT PURSUANT TO CEQA GUIDELINE 15378
COUNCIL ADOPTED VALUES
T
he City Council’s action in considering a salary adjustment for the City Manager is consistent with the value of fairness, as the City Council recently provided cost of living raises to all Town employees, and providing a similar salary adjustment for the City Manager is a fair thing to do.
BA
CKGROUND
On May 13, 2026, the City Council met in closed session to conduct a performance evaluation of the City Manager. Following a positive performance review, on May 27, 2026, the City Council met in closed session to negotiate a salary adjustment for the City Manager. At the conclusion of those negotiations, the City Council approved a salary adjustment for the City Manager and directed staff to return with a contract amendment to formalize the increase in the City Manager’s salary by 10 %, which includes one cost of living a djustment of 5% consistent with what was provided to other Town employees, and a merit based raise of 5%.
ANALYSIS
On July 26, 2023, the City Council adopted a resolution appointing Daniel Barros as City Manager and approving an employment agreement to be effective on August 21, 2023.
On October 23, 2024, the City Council amended the City Manager’s contract to adjust his base salary by $10,000 for a new total of $250,000.
AGENDA ITEM #9
Staff Report – Third Amendment to Employment Contract with Dan Barros Page 2 of 2 25977.00100\45061327.1
On July 9, 2025, the City Council amended the City Manager’s contract to adjust his base salary by $17,500 for a new total of $267,500, and provide for a $50/month cell phone stipend and a one-time reimbursement of 50% of the cost of a new phone up to $500.
More recently, after the conclusion of a positive performance evaluation, the City Council met in closed session to consider a salary adjustment for the City Manager. The City Council ultimately decided to adjust the City Manager’s salary by 10% with 5% representing a merit based increase and the additional 5% representing a cost of living adjustment similar to the 5% cost of living adjustment provided to other unrepresented employees in the Town.
The City Attorney has prepared a third amendment to the City Manager’s contract to adjust his base salary by 10% or by $26,750 for a new total of $294,250.
FISCAL IMPACT
Adjusting the City Manager’s salary will have a financial impact on the Town of $26,750 per year for the increase of base salary. However, sufficient funds are included in the budget to allow for this adjustment.
ENVIRONMENTAL
The City Council’s action in adjusting the City Manager’s salary is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378 as this action is a government al fiscal activity without any commitment to any specific project which may result in a potentially significant impact on the environment.
ALTERNATIVES
The City Council could choose not to adopt the resolution adjusting the City Manager’s salary.
However, the City Council specifically provided direction to staff seeking the preparation of the third amendment adjusting the City Manager’s salary. If the City Council is inclined to change course, an additional closed session to negotiate those changes may be warranted.
CONCLUSION
The City Council should adopt the resolution approving the third amendment to the City Manager’s employment contract to provide a salary adjustment.
ATTACHMENTS
A. Resolution
B. Third Amendment
C. Second Amendment
D. First Amendment
E. Employment Contract
Res. 2026-__, Third Amendment to Employment Contract with Dan Barros Page 1 of 2 25977.00100\45061125.1
RESOLUTION NO. 2026-XX
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RES
OLUTION APPROVING A THIRD AMENDMENT TO
THE EMPLOYMENT CONTRACT WITH DAN BARROS TO PROVIDE FOR A SALARY ADJUSTMENT PURSUANT TO CEQA GUIDELINE 15378
The City Council of the Town of Colma does hereby resolve as follows:
1. Background
(a) On July 26, 2023, the City Council adopted a resolution appointing Daniel Barros as City Manager and approving an employment agreement to be effective on August 21, 2023. (b) On October 23, 2024, the City Council amended the City Manager’s contract to adjust his base salary by $10,000 for a new total of $250,000.
(c) On July 9, 2025, the City Council amended the City Manager’s contract to adjust his base salary by $17,500 for a new total of $267,500, and provide for a $50/month cell phone stipend and a one-time reimbursement of 50% of the cost of a new phone up to $500. (d) The City Council now seeks to further amend the City Manager’s contract to adjust his base salary by $26,750 for a new total of $294,250.
2. Order
(a) The Third Amendment to the employment contract between the Town of Colma and Dan Barros, a copy of which is on file with the City Clerk, shall be and hereby is approved by the City Council of the Town of Colma.
(b) The Mayor shall be, and hereby is, authorized to execute this Third Amendment on behalf of the Town of Colma, with such technical amendments as may be deemed appropriate by the City Attorney.
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ATTACHMENT A
Res. 2026-__, Third Amendment to Employment Contract with Dan Barros Page 2 of 2 25977.00100\45061125.1
Certification of Adoption
I certify that the foregoing Resolution No. 2026-XX was duly adopted at a regular meeting of the City Council of the Town of Colma held June 10, 2026 by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Carrie Slaughter, Mayor
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
Ken Gonzalez
Voting Tally
Dated ______________________ ____________________________________ Carrie Slaughter, Mayor
Attest: _____________________________
Michelle Estabillo Gourlie, City Clerk
Third Amendment to Employment Contract with Dan Barros Page 1 of 1
THIRD AMENDMENT TO
EMPLOYMENT CONTRACT WITH DAN BARROS
This Third Amendment is made and entered into on July 1, 2026 by and between the Town of Colma, a municipal corporation and general law city (“Employer”), and Dan Barros (“Employee”), who are sometimes individually referred to as a "Party" and collectively as "Parties" in this Second Amendment.
a) On July 26, 2023, the City Council adopted a resolution appointing Daniel Barros as City Manager and approving an employment agreement to be effective on August 21, 2023.
b) On October 23, 2024, the City Council amended the City Manager’s contract to adjust his base salary by $10,000 for a new compensation amount of $250,000. c) On July 9, 2025, the City Council amended the City Manager’s contract to adjust his base salary by $17,500 for a new total of $267,500, and provide for a $50/month cell phone stipend and a one-time reimbursement of 50% of the cost of a new phone up to $500.
d) The City Council now seeks to further amend the City Manager’s contract to adjust his base salary by $26,750 for a new total of $294,250.
NOW, THEREFORE, BASED ON THE MUTUAL PROMISES AND CONSIDERATION S
CONTAINED IN THIS THIRD AMENDMENT AND THE CONTRACT, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Subsection (a) of Section 4, “Salary and Benefits,” of the Contract is hereby modified as follows:
a)
Salary. Employer shall pay Employee a salary of $294,250 per year, which shall be subject to all appropriate deductions and withholdings, and which shall be paid at the same time and in the same manner as salaries are usually paid to Miscellaneous Employees of the Town.
Execution. In Witness thereof, the parties hereto have signed this Third Amendment on the respective dates shown below and this Third Amendment, the Second Amendment, the First Amendment, and the Contract constitutes the entire Agreement between the Parties.
Da
ted: ___________________ _________________________________ Dan Barros, Employee
Da
ted: __________________ By _______________________________ Carrie Slaughter, Mayor
TOWN OF COLMA (Employer)
ATTACHMENT B
SECOND AMENDMENT TO
EMPLOYMENT CONTRACT WITH DAN BARROS
This Second Amendment is made and entered into on July 9, 2025 by and between the Town of Colma, a municipal corporation and general law city (''Employer''), and Dan Barros (''Employee''), who are sometimes individually referred to as a "Party" and collectively as "Parties" in this Second Amendment.
a) On July 26, 2023, the City Council adopted a resolution appointing Daniel Barros as City Manager and approving an employment agreement to be effective on August 21, 2023.
b) On October 23, 2024, the City Council amended the City Manager's contract to adjust his base salary by $10,000 for a new compensation amount of $250,000. c) The City Council now seeks to amend the City Manager's contract to (i) adjust his base salary by $17,500 for a new total of $267,500, and (ii) provide for a $SO/month cell phone stipend and a one-time reimbursement of 50% of the cost of a new phone up to $500.
NOW, THEREFORE, BASED ON THE MUTUAL PROMISES AND CONSIDERATIONS
CONTAINED IN THIS SECOND AMENDMENT AND THE CONTRACT, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Subsection (a) of Section 4, "Salary and Benefits," of the Contract is hereby modified as follows:
a) Salary. Employer shall pay Employee a salary of $267,500 per year, which shall be subject to all appropriate deductions and withholdings, and which shall be paid at the same time and in the same manner as salaries are usually paid to Miscellaneous Employees of the Town.
2. Subsection (c) of Section 5, "Expenses and Allowances," of the Contract is hereby modified as follows:
c) Technology. Employer shall, at Employer's expense, provide Employee with a laptop. Employer shall pay Employee a one-time reimbursement of 50% of the cost of a new personal cell phone up to $500. Employer shall also provide the Employee a $50.00 monthly stipend for the use of a personal cell phone for work purposes.
Second Amendment to Employment Contract with Dan Barros Page 1 of 2
ATTACHMENT C
Execution. In Witness thereof, the parties hereto have signed this Second Amendment on the respective dates shown below and this Second Amendment and the Contract constitutes the entire Agreement between the Parties.
Dated: 09/09/2025
Dan Barros, Employee
Dated: Cf/ (ol ~ TOWN OF COLMA (Employer)
Second Amendment to Employment Contract with Dan Barros Page 2 of 2
FIRST AMENDMENT TO
EMPLOYMENT CONTRACT WITH DAN BARROS
This First Amendment is made and entered into on October 23, 2024 by and between the Town of Colma, a municipal corporation and general law city C'Employer''), and Dan Barros f'Employee''), who are sometimes individually referred to as a "Party" and collectively as "Parties" in this First Amendment.
(a) On July 26, 2023, the City Council adopted a resolution appointing Daniel Barros as City Manager and approving an employment agreement to be effective on August 21, 2023.
(b) The City Council now seeks to amend the City Manager's contract to adjust his base salary by $10,000.
NOW, THEREFORE, BASED ON THE MUTUAL PROMISES AND CONSIDERATIONS
CONTAINED IN THIS FIRST AMENDMENT AND THE CONTRACT, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Subsection (a) of Section 4, "Salary and Benefits," of the Contract is hereby modified as follows:
(a) Salary. Employer shall pay Employee a salary of $250,000 per year, which shall be subject to all appropriate deductions and withholdings, and which shall be paid at the same time and in the same manner as salaries are usually paid to Miscellaneous Employees of the Town.
Execution. In Witness thereof, the parties hereto have signed this First Amendment on the respective dates shown below and this First Amendment and the Contract constitutes the entire Agreement between the Parties.
Dated: /djL, '( / ~ Y
I I J :iJ-~
Dan Barros, Employee
TOWN OF COLMA (Employer)
By ~
John Ir1Goodwin,Mayo
First Amendment to Employment Contract with Daniel Barros Page 1 of 1
ATTACHMENT D
ATTACHMENT E