CITY COUNCIL STAFF REPORT
Meeting: July 19, 2022
Subject
Consider Proposed Second Amendment to Employment Agreement for the City Attorney Increasing annual salary to $280,000 effective July 20, 2022, Consider Proposed Amendments to the Appointed Employees’ Compensation Program and Related Budget Modifications.
Recommended Action
1. Consider adopting Resolution No. 22-XXX approving the Second Amendment to Employment Agreement with the City Attorney for the City of Cupertino and authorize the Mayor to execute the Agreement;
2. Consider adopting Resolution No. 22- XXX amending the Appointed Employees’ Compensation Program; and
3. Consider adopting Resolution No. 22-XXX to approve budget modification 2223-225 increasing appropriations in the General Fund, City Attorney budget (100-15-141) by $24,192 for increased salary and benefit costs.
Discussion
On July 20, 2021, the City Council approved an Employment Agreement for City Attorney (“Agreement”). Article III, Section 3.01(B) of the Agreement provides that the City may consider a compensation increase during the periodic evaluations of the City Attorney. Pursuant to an evaluation that occurred on June 30, 2022, the City Council appointed a compensation sub-committee to review and recommend the amount of an increase to the City Attorney’s compensation. The City Council of the City of Cupertino desires to increase the annual salary for the City Attorney from $255,000 to $280,000 effective July 20, 2022. All other terms of the amended Agreement shall remain the same.
Staff also proposes to conform the Appointed Employees’ Compensation Program to reflect the annual salary amount contained in the Employment Agreement, with an effective date of July 20, 2022. In addition, the proposed amendments would conform the Appointed Employees’ Compensation Program to the proposed City Manager’s employment agreement that will be considered separately at the July 19, 2022 regular meeting of the City Council.
Sustainability Impact
There is no sustainability impact.
Fiscal Impact
The Fiscal Year (FY) 2022-23 Final Adopted Budget included funding for full time salary and benefits costs of all approved positions in the city. Increased costs associated with the City Attorney contract amendment is prorated based on the start date and totals $24,192. These costs were unknown at the time of budget adoption and thus were not included. A budget amendment is required to account for the increased costs. It is recommended that General Fund appropriations be increase by $24,192. This increase will be funded by unassigned fund balance. Unassigned fund balance is estimated at $48.3 million for FY23.
Prepared by: Kristina Alfaro, Director of Administrative Services Reviewed by: Michael Woo, Assistant City Attorney
Approved for Submission by: Dianne Thompson, Acting City Manager Attachments:
A – Draft Resolution approving the Second Amendment to City Attorney Employment Agreement B – Draft Second Amendment to the City Attorney Employment Agreement C – Draft Resolution amending Appointed Employees’ Compensation Program D – Amendments to Appointed Employees’ Compensation Program (Redline) E – Amendments to the Appointed Employees’ Compensation Program (Clean) F – Draft Resolution approving budget modification 2223-225