Fremont City Council Meeting: 07/14/26 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5793) DOC ID: 5793
Updated: 7/10/2026 1:50 PM by Alberto Quintanilla Page 1 Fifth Amendment to the City Attorney Employment Agreement - Consideration of an Amendment to the Employment Agreement between City Attorney Rafael E.
Alvarado, Jr. and the City of Fremont
Contact Persons:
Name: Tina Gallegos Brian Stott
Title: Human Resources Director Assistant City Manager
Div/Dept: Human Resources City Manager's Office
Phone: 510-494-4652 510-494-4660
E-Mail: [email protected] [email protected]
Executive Summary: As provided by the City Attorney’s employment contract, the City Council desires to provide the City Attorney a five percent (5%) merit increase to salary effective July 14, 2026, and an additional one- time liquidation of 40 hours of general leave effective the first full pay period following City Council approval of this amendment.
Background: The City entered into an Employment Agreement with Mr.
Alvarado on January 12, 2022, and that agreement provides that the City Council may grant Mr. Alvarado periodic merit increases following a performance evaluation.
The City Council desires to provide Mr. Alvarado with a five percent (5%) merit adjustment to salary and an additional one-time liquidation of 40 hours of general leave. The City’s outside consultant, Ashwini Kantak of MRG, LLC, assisted the City with negotiations concerning the City Attorney Employment Agreement.
Discussion/Analysis: City Council authorized a one-time liquidation of 40 hours of general leave. This amount is in addition to the 80 hours of elective leave available for cash-out through the annual pre-election process. To ensure compliance with IRS regulations, this additional one-time liquidation is mandatory and will be processed during the first pay period following Council approval.
Mr. Alvarado currently receives an annual salary of $355,159.35 and a bi- weekly salary of $13,659.98. Upon approval of the proposed merit increase to salary, Mr. Alvarado’s new annual salary will be $372,917.32, or $14,342.97 bi-weekly.
Council Staff Report (ID # 5793) Meeting of July 14, 2026 Updated: 7/10/2026 1:50 PM by Alberto Quintanilla Page 2 Fiscal Impact: The annual cost of the recommended five percent (5%) merit increase to salary and the additional one-time liquidation of 40 hours of general leave is approximately $24,929 and will be absorbed primarily by the General Fund with a smaller amount being absorbed by the Risk Management Fund.
Environmental Review: This action is not a project as defined by Pub. Res.
Code Section 21065 and CEQA Guidelines Section 15378(b)(2), as an administrative, fiscal, personnel and policy action. The action is further exempt under CEQA Guidelines Section 15378(b)(4), as the creation of a government funding mechanism or other government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
ATTACHMENTS:
• Resolution - Approving Fifth Amemdment to CAO Contract
Recommendation: Adopt attached Resolution authorizing the Mayor to execute a Fifth Amendment to the City Attorney Employment Agreement approving a five percent (5%) merit adjustment to salary and an additional one-time liquidation of 40 hours of general leave.