REPORT TO COUNCIL
SUBJECT
Title
Approve an Amendment to the Employment Agreement Between the City of Sunnyvale and City Attorney Rebecca Moon to Modify the City Attorney Salary and Benefits, and Adopt a Resolution Amending the Salary Resolution to Increase the City Attorney Salary Range
Report
BACKGROUND
A City Council Ad Hoc Committee was formed subsequent to the City Attorney’s annual performance evaluation to discuss the City Attorney’s compensation and provide recommendations to the rest of Council regarding the City Attorney’s Employment Agreement. The Ad Hoc Committee presented their recommendations to Council, who met in closed session on November 10, 2026 to discuss the City Attorney’s compensation
This evaluation and employment agreement review process was undertaken in accordance with the City Attorney’s current Employment Agreement. Section 3.3 of the City Attorney’s current Employment Agreement provides for an annual evaluation of compensation, including consideration of merit-based and “across the board” compensation increases provided to department directors and non-represented management employees, and consideration of competitive market compensation for the City Attorney. Section 3.2 of the City Attorney’s Employment Agreement provides for a formal review and evaluation of the City Attorney’s performance each year. The City may choose to adjust the compensation to provide reasonable and market-competitive compensation. Section 3.4 of the City Attorney’s Employment Agreement provides for benefits and allowances of the City Attorney to be same as Category K employees (unclassified management appointed directly by the City Attorney). Section 3.5 of the City Attorney’s Employment Agreement provides for additional benefits and allowance of the City Attorney.
EXISTING POLICY
Council Policy 7.3.1 Legislative Management - Goals and Policies, Goal 7.3D: Maintain a quality workforce, consistent with state and federal laws, City Charter, and adopted policies in order to assure that City services are provided in an effective, efficient, and high-quality manner.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
The City Attorney’s Employment Agreement provides for increases in the annual salary by written agreement of the parties or by inclusion of the agreed salary amount in any duly adopted ordinance or resolution of the City setting the City Attorney’s salary or employee salaries generally. Rebecca Moon was appointed City Attorney on May 12, 2024, with an annual salary of $293,000. City Attorney Moon received a 4.1% increase, effective June 22, 2025, and her current annual salary is $305,000.
The City Council Ad Hoc Committee on City Attorney Compensation makes the following recommendations:
1) Modify the alignment of benefits and allowances in Section 3.4 of the City Attorney’s Employment Agreement from Category K employees (unclassified management appointed directly by the City Attorney) to align with Category F employees (unclassified department director). The City Attorney is a member of the City’s Executive Leadership Team, so this aligns her benefits with her peers. This change will provide the following benefits for the City Attorney, which are the same as those for department directors. These benefits changes were recently adopted for Category F employees with RTC 26-0831 and RTC 25-0902:
a) Effective November 22, 2026, or as soon thereafter as can be implemented with CalPERS: Employee will pay the full CalPERS member contribution, and the City will cease paying and reporting EPMC (Employer Paid Member Contribution), which is an increase in the employee CalPERS contribution from 4% to 8%.
b) Effective November 22, 2026: A new Executive Leave bank of 40 hours per year;
c) Effective December 1, 2026: A new automobile allowance of $720 per month;
d) Effective December 1, 2026: An increase in mobile phone allowance from $40 to $125 per month.
2) Increase the City Attorney’s annual salary by 5%. In addition, a 4% increase to base salary, which is in exchange for the EPMC change described in section 1(a) above. These combined increases change the City Attorney base salary from $305,000 to $332,450, effective November 22, 2026, as presented in Attachment 1.
The current salary range for the City Attorney position is $240,000 - $320,000 per year. Because the proposed increases would put the City Attorney’s compensation beyond the existing salary range, and CalPERS requirements provide that employee compensation must be consistent with rates in a publicly available published salary schedule, the salary schedule must be amended to increase the salary range for the City Attorney position. Therefore, the Committee recommends the City adjust the City Attorney salary range from $240,000 - $320,000 to $265,960 - $332,450 to align with the salary increase recommendation.
FISCAL IMPACT
The FY 2026/27 Adopted Budget for the Office of the City Attorney includes funding for the City Attorney's salary, benefits, and retirement and assumes a base salary increase in both fiscal years in the two-year operating budget cycle.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Approve Amendment Two to the Employment Agreement between the City of Sunnyvale and City Attorney Rebecca Moon to modify the City Attorney Salary and Benefits, and Adopt a Resolution amending the Salary Resolution to increase the City Attorney Salary Range.
2. Provide other direction to staff on compensation for the City Attorney.
STAFF RECOMMENDATION
Recommendation
Staff makes no recommendation. This report is developed to facilitate discussion for the public hearing and action by the City Council.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
_X_ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Vienne Choi, Principal Human Resources
Reviewed by: Heather Ruiz, Director, Human Resources
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Resolution Amending Salary Schedule
2. Second Amendment to Agreement for Services Between the City of Sunnyvale and Rebecca Moon, City Attorney for the City of Sunnyvale