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HomeMy WebLinkAboutStaff Report 2511-5436CITY OF PALO ALTO CITY COUNCIL Monday, December 01, 2025 Council Chambers & Hybrid 5:30 PM     Agenda Item     19.Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, City Attorney, and City Clerk. CEQA Status - Not a Project Public Comment City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: Human Resources Meeting Date: December 1, 2025 Report #:2511-5436 TITLE Approval of Amendments to the Employment Agreements between the City of Palo Alto and Council Appointed Officers, specifically the City Manager, City Attorney, and City Clerk. CEQA Status - Not a Project RECOMMENDATION Staff recommends that the City Council approve and authorize the Mayor to execute the following contract amendments for Council Appointed Officers: 1. Amendment No. 13 to Employment Agreement between the City of Palo Alto and Molly S. Stump (Attachment A); 2. Amendment No. 7 to Employment Agreement between the City of Palo Alto and Ed Shikada (Attachment B); and 3. Amendment No. 2 to Employment Agreement between the City of Palo Alto and Mahealani Ah Yun (Attachment C). BACKGROUND The City Council has completed the annual merit reviews for Council Appointed Officers (CAOs): City Attorney Molly S. Stump, City Manager Ed Shikada, City Clerk Mahealani Ah Yun for the prior fiscal year’s performance (FY 2025). For the FY 2025 performance evaluation period, City Council completed evaluations for the City Attorney, City Manager, and City Clerk. Council completed the evaluations with the assistance of an outside consultant. The consultant, a professional with the firm Municipal Resource Group (MRG), facilitates CAO evaluations for public agencies throughout California. The process includes surveys, 1-1 interviews, and facilitated closed session discussions as appropriate under the Brown Act. As appointed officers of the Council, the City Attorney, City Manager, and City Clerk are employed under employment agreements specifying that performance and salary are evaluated annually. CAO’s do not receive regular cost of living adjustments which are applied to other employee groups (all Management, Service Employees International Union, International Association of Firefighters, Palo Alto Police Officers Association, etc.), all salary compensation is determined by Council during the annual evaluation process and approved by Council in a public meeting. ANALYSIS Salary Adjustments. Not less than once each year, the City Council shall meet for the express purpose of evaluating the performance of Shikada and determining whether to grant him an increase in annual base salary based on performance. The City Council will act in good faith in determining whether to provide an increase based on performance, but the ultimate decision in this regard is within the sole discretion of the City Council. The Council may also adjust Shikada’s annual base salary due to labor market and/or internal equity conditions. City Attorney Molly S. Stump will receive a merit increase of 3% as a City contribution towards her 401(a) defined contribution retirement plan. (Attachment A) City Manager Ed Shikada will receive a merit increase of 3%. Shikada‘s new salary will be $435,510.40 (Attachment B) City Clerk Mahealani Ah Yun will receive a merit increase and market-based adjustment to median of the market at $211,764.80 (Attachment C). Council conducted a thorough review of the Bay Area compensation for City Clerks and found the City Clerk’s salary to be significantly below the City’s target market. A market-based adjustment is warranted to ensure alignment with market. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: 1 AMENDMENT NO. THIRTEEN TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO AND MOLLY S. STUMP This AMENDMENT NO. THIRTEEN to the EMPLOYMENT AGREEMENT(“Agreement”) is entered into on December 1, 2025, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“City”), and MOLLY S. STUMP (“Stump”), an individual, located at 250 Hamilton Avenue 8th Floor, Palo Alto, CA. R E C I T A L S: WHEREAS, the original EMPLOYMENT AGREEMENT between the City of Palo Alto and Molly S. Stump, attached hereto and incorporated herein as Exhibit “A” was entered into between the parties for the services of City Attorney on or about April 18, 2011; and WHEREAS, AMENDMENT NO. ONE to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered into between the parties on or about March 24, 2014; and WHEREAS, AMENDMENT NO. TWO to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered into between the parties on or about December 8, 2014; and WHEREAS, AMENDMENT NO. THREE to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered into between the parties on or about February 1, 2016; and WHEREAS, AMENDMENT NO. FOUR to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered into between the parties on or about December 12, 2016; and WHEREAS, AMENDMENT NO. FIVE to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered into between the parties on or about November 6, 2017; and WHEREAS, AMENDMENT NO. SIX to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered into between the parties on or about December 17, 2018; and WHEREAS, AMENDMENT NO. SEVEN to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered into between the parties on or about December 17, 2019; and WHEREAS, AMENDMENT NO. EIGHT to the Agreement, attached hereto and 2 incorporated herein in Exhibit “B” was entered into between the parties on or about June 22, 2020; and WHEREAS, AMENDMENT NO. NINE to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered into between the parties on or about December 13, 2021; and WHEREAS, AMENDMENT NO. TEN to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered into between the parties on or about November 28, 2022; and WHEREAS, AMENDMENT NO. ELEVEN to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered into between the parties on or about December 11, 2023; and WHEREAS, AMENDMENT NO. TWELVE to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered into between the parties on or about December 2, 2024; and WHEREAS, the parties wish to amend the Agreement; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Section 5.2 of the Agreement, 401(a) Defined Contribution Retirement Plan, is hereby amended to read as follows: Effective the first full pay period of July 2025, the City shall contribute Forty Four Thousand and Forty Six dollars ($44,046) annually, prorated and contributed on the City’s normal paydays, to a 401(a) retirement plan account established for Stump. SECTION 2. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the first written date above written. Attest: City of Palo Alto Approved as to form: Molly S. Stump 3 Attachments: EXHIBIT A: EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO AND MOLLY S. STUMP EXHIBIT B: AMENDMENTS NO. ONE THROUGH NO. TWELVE. 1 AMENDMENT NO. SEVEN TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO AND EDWARD SHIKADA This AMENDMENT NO. SEVEN to the EMPLOYMENT AGREEMENT (“Agreement”) is entered into on, December 1, 2025, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“City”), and Edward Shikada (“Shikada”), an individual, located at 250 Hamilton Avenue 7th Floor, Palo Alto, CA. R E C I T A L S: WHEREAS, the original EMPLOYMENT AGREEMENT between the City and Shikada, attached hereto and incorporated herein as Exhibit “A” was entered between the parties for the services of City Manager on or about September 18, 2018; and WHEREAS, AMENDMENT NO. ONE to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered between the parties on or about December 16, 2019; and WHEREAS, AMENDMENT NO. TWO to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered between the parties on or about June 22, 2020; and WHEREAS, AMENDMENT NO. THREE to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered between the parties on or about December 13, 2021; and WHEREAS, AMENDMENT NO. FOUR to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered between the parties on or about November 28, 2022; and WHEREAS, AMENDMENT NO. FIVE to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered between the parties on or about December 11, 2023; and WHEREAS, AMENDMENT NO. SIX to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered between the parties on or about December 2, 2024; and WHEREAS, the parties wish to amend the Agreement; 2 NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Section 4.1 of the Agreement, Initial Compensation, is hereby amended to read as follows: 4.1. Compensation. At the recommendation of the Palo Alto City Council Appointed Officers Committee (CAO) and consistent with annual merit practices, effective the first full pay period following July 1, 2025, Shikada will receive a base annual salary of Four Hundred Thirty-Five Thousand Five Hundred and ten dollars ($435,510.40). This amount is subject to authorized or required deductions and withholding, prorated, and paid on City’s regular paydays. Shikada is an exempt employee under applicable wage and hour law and his base salary shall be compensation for all hours worked. The City agrees that the amount of Shikada’s base annual salary will not decrease, except as part of the permanent decrease that is consistent with the Fair Labor Standards Act. SECTION 2. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. ATTEST: CITY OF PALO ALTO City Clerk Mayor APPROVED AS TO FORM: EDWARD SHIKADA City Attorney Attachments: EXHIBIT A: EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO AND EDWARD SHIKADA EXHIBIT B: AMENDMENTS NO. ONE THROUGH NO. SIX TO SHIKADA 1 AMENDMENT NO. TWO TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO AND Mahealani Ah Yun This AMENDMENT NO. TWO to the EMPLOYMENT AGREEMENT (“Agreement”) is entered into on, December 1, 2025 by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“City”), and Mahealani Ah Yun (“Ah Yun”), an individual, located at 250 Hamilton Avenue 7th Floor, Palo Alto, CA. R E C I T A L S: WHEREAS, the original EMPLOYMENT AGREEMENT between the City and Ah Yun, attached hereto and incorporated herein as Exhibit “A” was entered between the parties for the services of City Clerk on or about January 22, 2023; and WHEREAS, AMENDMENT NO. ONE to the Agreement, attached hereto and incorporated herein in Exhibit “B” was entered between the parties on or about December 2, 2024; and NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Section 3 of the Agreement, Salary, is hereby amended to read as follows: At the recommendation of the Palo Alto City Council Appointed Officers Committee (CAO) and consistent with annual merit practices, effective the first full pay period following July 1, 2025, Ah Yun will receive a base annual salary of Two Hundred Eleven Thousand Seven hundred and Sixty-Four dollars ($211,764.80). This amount is subject to authorized or required deductions and withholding, prorated, and paid on the City's regular paydays. Ah Yun is an exempt employee under applicable wage and hour law and her base salary shall be compensation for all hours worked. The City agrees that the amount of Ah Yun's base annual salary will not decrease, except as part of a permanent decrease that is consistent with the Fair Labor Standards Act. SECTION 2. Except as herein modified, all other provisions of the Contract, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. 2 ATTEST: CITY OF PALO ALTO Mayor APPROVED AS TO FORM: Mahealani Ah Yun City Attorney Attachments: EXHIBIT A: EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO AND Mahealani Ah Yun EXHIBIT B: AMENDMENTS NO. ONE From:herb To:Council, City; Clerk, City Subject:December 1, 2025 City Council Meeting, Agenda Item #19: City Manager Employment Agreement Date:Sunday, November 30, 2025 4:11:54 PM CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links. DECEMBER 1, 2025 CITY COUNCIL MEETING AGENDA ITEM #19: CITY MANAGER EMPLOYMENT AGREEMENT When the City Council appointed Ed Shikada as City Manager, nosearch process had been conducted for the position. As reported in the Palo Alto Weekly at that time, when the CityCouncil appointed Shikada's predecessor James Keene, there were42 applicants, six semi-finalists, several interview panels,and three finalists. Council Member Tom Dubois said of Shikada's appointment, "Therecould still be an opportunity for the public to comment andweigh in when we do goals and performance reviews and settingcriteria for evaluating the city manager." (See "Ed Shikadanamed next city manager" by Gennady Sheyner in Palo AltoWeeklyof June 29, 2018, at pages 5 and 8.) Now that the results of the City Council's annual review of theCity Manager's performance have been completed, the Councilstill resists making public the Goals and Key PerformanceIndicators that they use to evaluate the City Manager'sperformance; the annual amendment for each Council AppointedOfficer's compensation is being proposed five months after thefiscal year has started; and amendments to their employmentagreements are placed at the end of a long meeting agendafollowing a long holiday weekend. Should the public and press just assume that whatever opinionsthey have of the performance of the City Manager and the otherCouncil Appointed Officers are not really about thoseemployees, but that those employees are doing exactly what theCity Council wants them to do, and that the opinions of thepublic and press about those officers performance are reallyopinions about the performance of the City Council? Thank you for your consideration of these comments. Herb Borock