REPORT TO COUNCIL
SUBJECT
Title
Consider Amending the Employment Agreement between the City of Sunnyvale and City Attorney Rebecca Moon
Report
BACKGROUND
The City Council Ad Hoc Committee on City Attorney Compensation met on March 17, 2025 and on May 30, 2025, to discuss and provide direction regarding the City Attorney’s Employment Agreement. Section 3.3 of the City Attorney’s Employment Agreement provides for annual evaluation of her compensation, which includes 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. This report presents the opportunity for the City Council to facilitate a public discussion.
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. The current annual salary for City Attorney Rebecca Moon is $293,000.
The City Council Ad Hoc Committee on City Attorney Compensation recommends increasing City Attorney Rebecca Moon’s annual salary from $293,000 to $305,000 as presented in Attachment 2, effective June 22, 2025.
The current salary range for the City Attorney position is $240,000 - $320,000 per year. If the Council desires to increase the City Attorney’s compensation beyond the existing salary range, the salary schedule must be amended to reflect any change in the salary range for the City Attorney position because CalPERS requirements provide that employee compensation must be consistent with rates in a published salary schedule.
FISCAL IMPACT
The FY 2024/25 Adopted Budget for the Office of the City Attorney includes funding for the salary, benefits, and retirement for the City Attorney and includes an assumption of an increase in base salary for 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 to the Employment Agreement between the City of Sunnyvale and City Attorney Rebecca Moon.
2. Do not approve the Amendment to the Employment Agreement between the City of Sunnyvale and City Attorney Rebecca Moon.
3. Provide other direction to staff on compensation for the City Attorney.
STAFF RECOMMENDATION
Recommendation
Staff makes no recommendation. This report is developed to facilitate conversation for the public hearing and action by the City Council. The proposed increase is within the budget provided.
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.
Prepared by: Tina Murphy, Director, Human Resources
Reviewed by: Matt Paulin, Director, Finance
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. 2025 City Attorney Compensation Survey
2. First Amendment to Agreement for Services Between the City of Sunnyvale and Rebecca Moon, City Attorney for the City of Sunnyvale