REPORT TO COUNCIL
SUBJECT
Title
Approve the Appointment of the City Manager and Approve the Employment Agreement
Report
BACKGROUND
The City Council started a City Manager recruitment and selection process in March 2024 to replace retiring City Manager, Kent Steffens. The process has now concluded, and the City Council is asked: 1) to take action on the appointment of a specific City Manager candidate, and 2) to approve an employment agreement for services, which outlines the compensation and terms of employment.
EXISTING POLICY
The City of Sunnyvale City Charter Section 800 requires the City Council to appoint a City Manager. Entering into a contract that specifies the City Manager compensation and terms of employment is consistent with City of Sunnyvale Charter Sections 800 and 801.
ENVIRONMENTAL REVIEW
Appointment of a City Manager is not 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 Council retained Peckham & McKenney to manage the recruitment and selection process for the City Manager position. The application deadline was June 17, 2024, and the most qualified candidates went through a series of interviews with City Council, bargaining unit representatives, Executive Leadership, and members of the community on July 18, 2024, with final interviews conducted on July 19, 2024. From this selection process the City Council moved forward with reference and background checks for a current City employee, Tim Kirby.
Discussions regarding terms and conditions of employment were completed with the final candidate resulting in the attached employment agreement.
FISCAL IMPACT
The budget for the City Manager position is in the operating program for the City Manager’s Office, which is sufficient to cover the compensation costs detailed in the employment agreement.
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 NOVA Workforce Services 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. Appoint Tim Kirby as City Manager, approve an employment agreement as outlined in Attachment 1 to the report, and authorize the Mayor to execute the agreement.
2. Appoint Tim Kirby as City Manager, approve a revised employment agreement as determined by a majority of the City Council, and authorize the Mayor to execute the revised agreement.
3. Provide alternative direction to staff.
STAFF RECOMMENDATION
Recommendation
Staff makes no recommendation. This report is developed to facilitate conversation 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 $250 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
A check or “Y” 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
_Y_ Labor or personal employment contract
___ General policy and legislative actions
Staff
Prepared by: Tina Murphy, Director of Human Resources
Reviewed by: Rebecca Moon, City Attorney
Reviewed and Approved by: Sarah Johnson-Rios, Assistant City Manager
ATTACHMENT
1. City Manager Employment Agreement