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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Approval of First Amendment to the Amended and Restated City Attorney Employment Agreement with Michael J. Garcia to Extend the Term of the Agreement and Provide for Salary Adjustment.
1. Motion Approving First Amendment to the Amended and Restated City Attorney Employment Agreement.
2. Resolution Establishing Classification Titles and Compensation for Employees of the City of Glendale – City Attorney
COUNCIL ACTION
Item Type: Action Item
Approved for April 2, 2024 calendar
EXECUTIVE SUMMARY
A First Amendment to the Amended and Restated City Attorney Employment Agreement with Michael J. Garcia to extend the Term of the Agreement and provide for a salary adjustment is proposed.
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RECOMMENDATION
That the City Council approve the First Amendment to the Amended and Restated City Attorney Employment Agreement with Michael J. Garcia to extend the Term of the Agreement and provide for a salary adjustment.
BACKGROUND
On September 2, 2011, the City Council appointed Michael J. Garcia as the City Attorney for the City of Glendale. On July 25, 2011, the city and Mr. Garcia executed a City Attorney Employment Agreement (“First Employment Agreement”). The city and Mr.
Garcia executed an Amended & Restated Employment Agreement on July 1, 2015, which established the terms of Mr. Garcia’s continued employment relationship with the City and set his base salary at Twenty Thousand Seven Hundred Thirty-Four ($20,734) per month (or $248,808 per year). The City Attorney’s salary was adjusted on July 1, 2018, July 1, 2019, and July 1, 2020, following a survey of comparable cities used by the City for salary comparison purposes or by five percent (5%) whichever was less. Today Mr. Garcia’s base salary is Twenty-Two Thousand Nine Hundred Sixty-Eight ($22,968) per month (or $275,620 per year). The Amended and Restated City Attorney Employment Agreement is attached as Exhibit 1. Following Mr. Garcia’s 2024 City Attorney Performance Evaluation, the Council and the City Attorney commenced negotiations on the First Amendment to the Amended and Restated City Attorney Employment Agreement and directed preparation of the First Amendment as set forth below.
ANALYSIS
The Council has considered the matter and directed the preparation of a First Amendment to the Amended and Restated City Attorney Employment Agreement (“First Amendment”). If approved, the First Amendment will amend the Agreement as follows:
•Extend the Term of the Agreement by eighteen (18) months to October 16, 2025; •Effective April 16, 2024, adjust the City Attorney’s salary to Three Hundred and Ten Thousand Dollars ($310,000) per year (or $25,833.34 per month).
The proposed First Amendment is attached as Exhibit 2. In addition to a motion approving the First Amendment and authorizing the Mayor to sign, it is also recommended that Council adopt a resolution adjusting the salary range for the City Attorney so that the Agreement, as amended, is consistent with the approved salary schedule.
STAKEHOLDERS/OUTREACH
Not applicable.
FISCAL IMPACT
The Office of the City Attorney’s budget can absorb the $15k prorated fully loaded cost for the First Amendment in FY 23-24 and therefore no new appropriation is being requested at this time. The fully loaded cost (salary and all benefits) for FY 24-25 is $525k and will be included as a part of the annual budget process. 3{{section.number}}b
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ENVIRONMENTAL REVIEW (CEQA/NEPA)
This matter is exempt from CEQA under Section 15061(b)(3) as there is no reasonable possibility that the Amendment will have a significant effect on the environment.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES
The Council may consider any of the following alternatives:
Alternative 1: Council may approve the First Amendment to Amended and Restated City Attorney Employment Agreement with Michael J. Garcia.
Alternative 2: Council may choose to not approve the Amendment.
Alternative 3: The City Council may consider any other alternative not proposed by staff.
ADMINISTRATIVE ACTION
Prepared by:
Paula Adams, Chief Human Resources Officer
Approved by:
Dan Brotman, Mayor
EXHIBITS/ATTACHMENTS
Exhibit 1: City Attorney Amended and Restated Employment Agreement Exhibit 2: Proposed First Amendment to Amended and Restated City Attorney Employment Agreement