Loading...
HomeMy WebLinkAboutStaff Report 2603-6090CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, March 16, 2026 Council Chambers & Hybrid 4:30 PM     Agenda Item     11.Approval of an Employment Agreement and Adoption of a Resolution Appointing Christopher Jensen as City Attorney at an Annual Salary of $380,000. Public Comment City Council Staff Report Report Type: ACTION ITEMS Lead Department: Human Resources Meeting Date: March 16, 2026 Report #:2603-6090 TITLE Approval of an Employment Agreement and Adoption of a Resolution Appointing Christopher Jensen as City Attorney at an Annual Salary of $380,000. RECOMMENDATION Approve an employment agreement and adopt a resolution appointing Christopher Jensen to the position of City Attorney at an annual salary of $380,000, with additional compensation and benefits as provided in the employment agreement and applicable City compensation plan. BACKGROUND The City Council appoints the City’s four Council-Appointed Officers. The appointment of the City Attorney is brought to Council as an action item consistent with the Ralph M. Brown Act. The City Attorney’s duties are established by the City Charter and Palo Alto Municipal Code (PAMC) section 2.08.120. Key duties include, but are not limited to, the following: Advising the City Council, City Manager, boards, commissions, and City officers and departments on legal matters; Drafting ordinances, resolutions, agreements, and contracts to be made or entered into by the City, and approving the form of such instruments; and Prosecuting violations of City ordinances and representing the City in legal actions. The prior City Attorney, Molly Stump, retired in January 2026 after 14 years of service. On September 9, 20251, the Council-Appointed Officer (CAO) Committee initiated the recruitment process for the next City Attorney. The CAO Committee reviewed three proposals for executive recruitment services and invited all firms to interview. On September 22, 20252, the CAO Committee interviewed two firms and selected Teri Black & Company to lead the recruitment. 1 Council Appointed Officers Committee, September 9, 2025; Report #2508-5124: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=17948 2 Council Appointed Officers Committee, September 22, 2025, Report # 2509-5201: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=18033 The Council on October 6, 2025, received and approved the Council Appointed Officer committee recommendations. ANALYSIS FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ATTACHMENTS APPROVED BY: 1 EMPLOYMENT AGREEMENT BETWEEN CITY OF PALO ALTO AND CHRISTOPHER D. JENSEN THIS AGREEMENT is between the City of Palo Alto (“City”), a municipal corporation and chartered city, and Christopher D. Jensen (“Jensen”). It is effective on the latest date next to the signatures on the last page. This Agreement is entered into on the basis of the following facts: A. City, acting by and through its City Council (“Council”), desires to employ Jensen as its City Attorney, effective March 30, 2026 or a date thereafter, mutually agreed upon by the parties, when Jensen reports for and begins work, whichever is sooner. The Council’s employment of Jensen is subject to the terms and conditions set forth in this Agreement, and in the Charter and Municipal Code of the City of Palo Alto. B. Under the Charter, the City Attorney is appointed by the Council and serves at its pleasure. Notwithstanding any provision of the City of Palo Alto Merit System Rules and Regulations or other City regulation or policy, the City Attorney serves at-will, with no expectation of continued employment, and with no right to pre- or post-separation due process or appeal. C. Jensen desires to be employed by the City as its City Attorney, subject to the terms and conditions in this Agreement, and in the Charter, Municipal Code and other applicable laws. D. The City and Jensen wish to establish specific terms and conditions relating to compensation and benefits, performance evaluations, and related matters. BASED UPON THE FOREGOING, THE CITY AND JENSEN AGREE AS FOLLOWS: 1. Employment Start Date. The Council appoints Jensen as City Attorney for an indefinite term to begin on March 30, 2026 or a date thereafter, mutually agreed-upon by the parties, when Jensen reports for and begins work, whichever is sooner (“Employment Start Date”). 2 Duties of the City Attorney. Jensen will perform the duties of the City Attorney as established in the Charter, the Palo Alto Municipal Code, and by direction of the Council. Jensen agrees to perform these duties consistent with the California Rules of Professional Responsibility governing licensed attorneys and all other applicable federal, state and local laws, ordinances, rules and regulations. Full Energy and Skill. Jensen will devote his full energy, skill, ability, and productive time to the performance of his duties under this Agreement. No Conflict. Jensen will not engage in any employment, activity, consulting service, or other enterprise, with or without compensation, that is actually or potentially in conflict with, or that interferes with, the performance of the City Attorney’s duties. Jensen acknowledges that he is subject to applicable conflict of interest requirements in state law, the California Rules of Professional Responsibility, and local law and policy. 1.1. Uncompensated Professional Activities. Jensen may attend and/or participate in uncompensated appropriate professional activities, provided that these activities do not compromise or impair Jensen’s ability to perform the City Attorney’s duties as set forth in this Agreement. Jensen shall keep the Council informed of professional activities requiring absences of more than one day and activities requiring more than de minimis time and attention. This Section shall not be interpreted to limit the City Attorney’s ability to participate in professional organizations with purposes germane to the practice of municipal law and related fields (e.g., California League of Cities City Attorneys Department). Compensation and Benefits. Jensen shall receive the following compensation and benefits: 1.1. Initial Compensation. Beginning on and continuing from the Employment Start Date, Jensen will receive a base salary of Three Hundred and Eighty Thousand dollars ($380,000), prorated and paid on the City’s normal paydays. This salary is subject to authorized or required deductions and withholding. Jensen acknowledges that he is an exempt employee under applicable wage and hour law and his base salary is compensation for all hours worked. 3 1.1. Compensation Adjustments. Commencing with the fiscal year beginning July 1, 2026, and not less than once each subsequent fiscal year, the Council shall meet for the purpose of evaluating the performance of Jensen and determining whether to grant Jensen an increase in annual base salary or other compensation. The Council retains sole discretion to determine whether to grant a compensation increase, and the amount and form thereof, but shall endeavor in good faith to consider performance, labor market conditions, internal equity considerations, and/or other appropriate factors in determining Jensen’s compensation. 1.1. Standard Management Benefits and Allowances. Except as otherwise provided in this Agreement, Jensen's employment with the City shall be governed by the City Council adopted Compensation Plan for Management and Professional Personnel and Council Appointees, as it currently exists and may be modified by the Council from time to time (“Management Compensation Plan”). Jensen will be eligible for, and shall receive, all regular benefits (e.g. health insurance, dental, and vision benefits) and vacation, sick leave, and management leave as are set forth in the Management Compensation Plan. Jensen shall comply with all rules and procedures, and shall make any and all employee contributions (such as employee contributions to the City’s CalPERS employer contribution) set forth in the Management Compensation Plan. 1.1.1. Salary Increases Governed Exclusively by This Agreement. Jensen acknowledges that Subsection 3.2 is the sole method for increasing the City Attorney’s base salary or salary-equivalent compensation, such as 401(a) Defined Benefit Retirement contributions set forth in Subsection 3.4.1. Provisions of the Management Compensation Plan regarding salary increases shall not apply. 1.1. Additional Benefits and Allowances. In addition to the benefits specified in Subsection 3.3, Jensen will receive the following additional benefits and allowances: 1.1.1. 401(a) Defined Contribution Retirement Plan. The City shall contribute $20,000 annually to a 401(a)-retirement plan account established for Jensen, prorated and contributed on the City’s normal paydays ($769.23/pay period). Jensen will make any additional contribution required under the plan, if any, and may make additional voluntary contributions if eligible under the plan. 1.1.2. Vacation Accrual Rate. In recognition of prior public service, the City 4 shall 4 place Jensen at the highest tier of vacation accrual available within the Management Compensation Plan, which is currently two hundred (200) hours per year, prorated and earned each pay period. 1.1.1. Parking. The City will provide parking at the Civic Center at no cost to Jensen. 1. Professional Fees/Costs. During the term of Jensen’s service and in accordance with applicable City policies and procedures, the City will pay the cost of Jensen’s annual California Bar Association dues, as well as reasonable fees for membership in organizations associated with the office of the City Attorney and costs of appropriate conferences, trainings, and seminars. 1. Fidelity Bonds. The City shall bear the full cost of any fidelity or other bonds that may be required in the performance of Jensen’s services under this Agreement. Duration of Employment. Jensen understands and agrees that he has no protected property or other interest in continuing employment as City Attorney. Jensen waives any and all rights, if any, under federal, state or local law, the Merit System Rules and Regulations, and the Management Compensation Plan, pertaining to pre- or post-separation due process. Jensen understands and agrees that he works at the will and pleasure of the Council and that he may be terminated or asked to resign at any time, with or without cause, subject to the requirements of Subsection 6.1 of this Agreement. 1.1. Severance Pay. If Jensen is terminated or asked to resign, and upon execution of a release of all claims against the City, the City shall provide Jensen with a cash severance payment or payments (without interest) equivalent to nine months of salary and benefits as set forth in Section 3 of this Agreement. All normal or legally-required withholdings shall be made. After two full years of service as City Attorney, beginning from Jensen’s Employment Start Date, the severance payment in this Subsection will increase to twelve months of salary and benefits. 1.1.1. Severance Not Available Under Certain Conditions. No severance shall be paid if Jensen is separated from employment after conviction of a felony or a conviction for a crime involving an abuse of office or his position, as defined in Government Code § 53243.4, or for conduct that is charged by appropriate 5 authorities as a felony and later results in a felony conviction or conviction for a crime involving an abuse of office. If this Subsection is triggered by the filing of charges, the City shall hold the amount of potential severance in a segregated account pending determination of criminal proceedings. 1. Indemnification. The City will defend and pay any costs and judgments assessed against Jensen arising out of an act or omission by Jensen occurring in the course and scope of his performance of his duties under this Agreement in accordance with the provisions of Government Code Sections 825, 995, and 995.2 through 995.8. 1. Miscellaneous. 1.1. Notices. Notices given under this Agreement shall be in writing and shall be either: a) served personally; or b) sent by electronic mail (provided a hard copy is mailed within three (3) business days); or c) delivered by first-class United States mail, certified, with postage prepaid and a return receipt requested; or d) sent by equivalent private mail delivery service. Notices shall be deemed received at the earlier of actual receipt or three (3) days following deposit in the United States mail, postage prepaid. Notices shall be directed to the addresses shown below, provided that a party may change such party's address for notice by giving written notice to the other party in accordance with this Subsection. CITY: Attn: Human Resources 250 Hamilton Avenue, Palo Alto CA 94301 Phone (650) 329-2376 JENSEN: Christopher D Jensen c/o 250 Hamilton Avenue, Palo Alto CA 94301 Phone (650) 329-2171 1.2. Entire Agreement/ Amendment. This Agreement constitutes the entire understanding and agreement between the parties as to those matters contained in it, and supersedes any and all prior or contemporaneous agreements, representations and understandings of the parties. This Agreement may be amended at any time by mutual agreement of the parties, but any such amendment must be in writing, dated, and signed by the parties and attached hereto. 1.3. Applicable Law and Venue. This Agreement shall be governed by and 6 interpreted according to the laws of the State of California. Venue of any action regarding this Agreement shall be in the proper court in Santa Clara County. 1.1. Severability. In the event any portion of this Agreement is declared void, such portion shall be severed from this Agreement and the remaining provisions shall remain in effect, unless the result of such severance would be to substantially alter this Agreement or the obligations of the parties, in which case this Agreement shall be immediately terminated. 1.2. Waiver. Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the parties. 1.3. Representation by Counsel. Jensen and the City acknowledge that they each did, or had the opportunity to, consult with legal counsel of their respective choosing with respect to the matters that are the subject of this Agreement prior to executing it. 1.4. Section Headings. The headings on each of the sections and subsections of this Agreement are for the convenience of the parties only and do not limit or expand the contents of any such section or subsection. Christopher D. Jensen City of Palo Alto ____________________________ ___________________________ Approved as to Form: ___________________________________________________________________________ City Attorney’s Office NOT YET APPROVED Section 2. Christopher Jensen shall serve as the City Attorney at the will of the Council as provided by the Charter, and shall further serve according to all of the terms and provisions of the Charter, the Municipal Code, and his employment agreement; and From:Rhoda Fry To:Council, City Subject:Concerns regarding the appointment of Chris Jensen for City Attorney Date:Thursday, March 5, 2026 6:24:33 PM Attachments:2024-09-13 EMAIL from Jensen-inappropriate response from CA.pdf Dear City Council, I read that you are considering hiring Chris Jensen for City Attorney and urge you include a short low-cost separation agreement should you not be pleased with his performance. Jensen worked in Cupertino and at first he was quite good. After a while, his behavior was an embarrassment to my city. He would often storm off the dais or slam down his notebook. In addition to his sowing dissent among council members, some of his land-use decisions have created problems for us now. 1.Like many cities, Cupertino was late with its housing element and faced a lawsuit. Unlike other cities, Jensen settled by waiving our City’s right to do an Environmental Impact Report (EIR) for its Housing Element Update. We have no EIR now. 2.The City is presently putting the final steps in donating land for a 40-unit low-income- housing project. Part of this land is a road where cars park. Now that we are getting into the end-game, it is clear that Jensen failed to take the proper steps in determining how to vacate the land and declare it as surplus. Jensen refused to show any concern for the mis-allocation of our city’s precious BMR funds to fighting a YIMBY lawsuit. I brought the issue to his attention multiple times, hoping that the City could handle it quietly. I gave up and went to the press. And even after that, he failed to resolve the issue timely. You can read the article here: https://sanjosespotlight.com/cupertino- spent-affordable-housing-funds-on-lawsuit/ You may be aware that members of the Cupertino City Council went through a Civil Grand Jury debacle. Jensen used it to continue to sow dissent. At the time, Jensen and the council majority did not like Kitty Moore, who is now mayor. She has resolved many issues that the city had, such as discovering that the city held over $60M in a checking account for years without earning interest (now it is). She had asked our City Manager to see some credit card receipts from a few employees because she suspected abuse – which appears to have happened. Her approach to doing this was correct – she asked the City Manager who complied with her request. However, when the story got into the Grand Jury report, it stated that she had inappropriately requested the receipts from an employee. This incorrect story was used as a narrative to say that she behaved improperly toward city employees, which was not true. I brought this to the City Attorney’s attention during a council meeting when this item was on the agenda and asked that the record be changed. While Jensen agreed that the report was not accurate, he refused to correct the record in a letter that was being prepared in response to the grand jury report. He did everything he could to defame her. He also presided over a hostile public meeting to dismiss one of our planning commissioners from his post. The man is now a beloved councilmember. The council could have easily dismissed the man during closed session and kept decorum. Counter to City rules, Jensen also approved a city-paid trip to Taiwan and time off with pay for the City Manager. When residents expressed their concerns about this misuse of taxpayer money, he became upset with the residents. Ultimately, the City Manager was let go. Jensen also moved forward with reporting one of our former councilmembers to the District Attorney. As that man was an attorney himself, it could have ended his professional career. Jensen was vengeful and held grudges. Nearly a year later, he sent a missive threatening the former councilmember who had served the city for 8 years. Jensen also lashed out in writing at residents and the victim complained to the mayor at a public mayor meeting about his lack of professionalism. In another instance he emailed a resident, calling her a serial liar, and said, “The City Attorney’s Office does not provide legal advice to member of the public or respond to biased, ignorant, and inaccurate commentary. It is of course your right to say whatever you want, but I won’t engage with serial liars.” (attached) During team-building exercises, Jensen had his attention in his cell phone and laptop instead of the meeting. The occurred during city council meetings as well. I’ve said enough but I could say more. Please proceed with caution. Sincerely, Rhoda Fry (City of Cupertino Public Safety Award Winner) 1 Peggy Griffin From:Christopher Jensen <ChristopherJ@cupertino.org> Sent:Friday, September 13, 2024 10:08 AM To:Griffin Cc:Pamela Wu; Sheila Mohan; Kirsten Squarcia Subject:RE: 2024-09-17 City Council Meeting - Issues/questions with teleconferencing Follow Up Flag:Follow up Flag Status:Flagged Dear Ms. Griffin: The City Attorney’s Office does not provide legal advice to member of the public or respond to biased, ignorant, and inaccurate commentary. It is of course your right to say whatever you want, but I won’t engage with serial liars. Regards, Chris Christopher Jensen City Attorney City Attorney's Office ChristopherJ@cupertino.gov (408)777-3105 From: Griffin <griffin@compuserve.com> Sent: Friday, September 13, 2024 10:00 AM To: Christopher Jensen <ChristopherJ@cupertino.org>; Pamela Wu <PamelaW@cupertino.gov>; Sheila Mohan <SMohan@cupertino.gov>; Kirsten Squarcia <KirstenS@cupertino.gov> Subject: Re: 2024-09-17 City Council Meeting - Issues/questions with teleconferencing CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. One more question… Q5: ADA requirements…Is the remote location ADA compliant? Is that a requirement? Peggy On Sep 13, 2024, at 9:55 AM, Griffin <griffin@compuserve.com> wrote: From:Rhoda Fry To:Council, City Subject:MORE: Concerns regarding the appointment of Chris Jensen for City Attorney Date:Saturday, March 7, 2026 3:09:36 PM Dear City Council, Please also consider this video where the City Attorney slammed his PC shut and begins to storm out of a meeting after council voted to extend a meeting by 5 minutes, after his disruption, he sits down: https://youtu.be/_kaS2nhqpsY?si=msz4M1v8DzhfRjBt City Attorney acknowledges that a city council member (appropriate) inquiry into credit card usage was inaccurate in material respects in the grand jury report, but he refused to make corrections, in spite of the council member and resident concerns. https://youtu.be/lnC10DDSMDQ?si=napaN5IYDsdnYAmt I don’t have time to go over the council meetings where Jensen failed in his duty and much of it happened off-camera. I was there when he’d walk off the dais in a huff when he didn’t like a speaker. Please also consider that the City Attorney refused to respond to a Public Records Request on the City’s cost of the YIMBY lawsuit – it was granted after many months. This also revealed that the cost of the lawsuit had exceeded the original contract and that contract should have been properly extended but it was not. Jensen also contracted with a private investigator into City Council member alleged behavior BEFORE the new council majority approved it. He had done this on at least one other occasion. You can also find community input on the City Attorney’s performance here: 11/18/2024 https://cupertino.legistar.com/MeetingDetail.aspx?ID=1243834&GUID=AA898583-52E3- 47BB-804A- 168DCA727C09&Options=info|&Search=Attorney+performance+evaluation#docaccess- 7a58e0897db9ea2593a26d8e36f2a43a5a168c584cb37387332f18410f82c1cc 10/30/2023 https://cupertino.legistar.com/Calendar.aspx#docaccess- 9893f0215af619820102038b8a4fcff5b46fe8117c827a4b7662b19beeb3bd7f 7/6/2023 https://cupertino.legistar.com/Calendar.aspx#docaccess- d1eda261a668d75df4213c8dd26fda1a5386f7ce619e42f7aecdc5dda42f7ddf Apologies for the jumble of information – I wanted to get information to you as soon as possible. Regards, Rhoda Fry From:Rhoda Fry To:Council, City Subject:FW: Public Comment March 9, 2026 Item AA1 City Attorney Appointment Date:Tuesday, March 10, 2026 3:15:01 PM Dear City Council, This email was intended to be sent to you on Sunday in advance of your Monday meeting. Unfortunately, I had a typo in the email address and it bounced. Please read it when you get a chance. Thanks, Rhoda From: Rhoda Fry <fryhouse@earthlink.net> Sent: Sunday, March 8, 2026 12:44 PM To: 'city.council@paloalto.gov.' <city.council@paloalto.gov.> Subject: Public Comment March 9, 2026 Item AA1 City Attorney Appointment Dear City Council, Please include the following for public comment for March 9, 2026 Item AA1 City Attorney Appointment. Some of my friends sent me emails pertaining to the attorney appointment and I’ve glued them together below – they were afraid to comment (perhaps I should be too). I would like to add that I was alarmed by the press release https://www.paloalto.gov/News-Articles/City-Manager/News-Release-City-Council-to- Appoint-Chris-Jensen-as-City-Attorney and would like to share with you some additional information. While the press release claims $40M in savings from developer claims, the news stated that Cupertino waived $77M in developer fees. When the Vallco project is built, I have no idea as to how we will be able to afford public safety. Here is an article: https://sanjosespotlight.com/cupertino-waives-millions-of-fees-for-vallco-development/ While the press release states that Jensen settled for the CDTFA, it was an outside attorney that did the work. And, given the contract that Apple had with Cupertino, it was Apple who would have funded that outside attorney. Furthermore, knowing that the City stood to loose income moving forward, Jensen did nothing to suggest austerity measures. We are now facing a new problem in Cupertino that is likely connected to his having waived our rights to an EIR for our housing element to settle the YIMBY lawsuit (I believe that Palo Alto had a similar one). There is a large development planned in a very high fire zone with impacted egress. If we had that EIR, perhaps the outcome could have been different. I am worried about the public safety of my fellow citizens. The rest speak for themselves. Contrary to the press release, he had major lapses in governance and ethics, the Brown Act, the California Public Records Act, land use and environmental law, public contracting, litigation and risk management, utilities and infrastructure, and labor and employment issues.