Title
Recommendation to Approve the Fourth Amendment to the Employment Agreement for the City Attorney, Effective July 12, 2026. (Human Resources10025060)
Body
To: Honorable Mayor and Members of the City Council
From: Gerry Beaudin, City Manager
EXECUTIVE SUMMARY
On June 2, 2025, the City Council considered the recommendation of a City Council Subcommittee that had reviewed the salary of City Attorney Yibin Shen. As part of that consideration, in recognition of his performance, responsibilities and his salary relative to other comparison agencies, the City Council has indicated its intent to authorize an increase in the City Attorney’s annual salary by 7.88%, from $351,430 to $379,124, effective July 12, 2026. The recommendation is for the City Council to approve this increase by an amendment to Mr. Shen’s Employment Agreement.
BACKGROUND
Mr. Shen has been the City Attorney since May 2019. Consistent with longstanding practice, the City of Alameda (City) maintains an individual employment agreement with its City Attorney, which establishes the terms and conditions of employment for the City Attorney. Mr. Shen’s Employment Agreement and amendments are attached as Exhibits 1, 2, 3, 4 and 5. The Agreement may be further amended as part of the City Attorney’s annual evaluation process.
In May 2026, Mayor Ezzy Ashcraft appointed Councilmembers Boller and Pryor to an Ad Hoc Subcommittee (Subcommittee) to meet further with Human Resources to conduct a total compensation survey for the City Attorney and review any updated survey information.
The Subcommittee met twice with Human Resources and reviewed the total compensation survey results.
Additionally, per the Executive Management Employees (EXME) Compensation plan, EXME miscellaneous employees, like all full-time miscellaneous employees, will receive a base wage adjustment/cost of living adjustment based on the Base Revenue Index (BRI) with a floor of 1% and ceiling of 5%, effective July 12, 2026. Section six (6) of Mr. Shen’s agreement states “commencing July 1, 2021, and thereafter, Shen shall receive the same percentage of salary or wage increase, in the same manner and time, as provided to employees in the Executive Management Compensation Plan”.
DISCUSSION
Consistent with the Third Amendment to the Employment Agreement for the City Attorney, the total compensation survey collected City Attorney compensation and benefit data from the following: the cities of Berkeley, Hayward, Livermore, Pleasanton, Burbank, Pasadena, Santa Monica, and the Chief Assistant County Counsel classification in the County of Alameda.
Following the compensation survey, the Alameda City Attorney was found to be below the median.
After considering where the City Attorney’s compensation is in the market, the City Council reached a tentative decision that would revise the City Attorney’s salary up to the median, i.e., increasing his salary by 7.88% (to $379,124), effective July 12, 2026.
The Fourth Amendment to Mr. Shen’s Employment Agreement (Exhibit 6) sets forth these changes and is being presented for City Council’s approval. It authorizes a 7.88% increase in the City Attorney’s annual salary from $351,430 to $379,124, effective July 12, 2026. As before, the Agreement, as amended, continues to provide that Mr. Shen will also receive cost of living and other employment benefits that other executive management employees receive, including the general cost of living adjustment scheduled to be implemented “in the same manner and time, as provided to employees in the Executive Management Compensation Plan”.
Per the Executive Management Employees (EXME) Compensation plan, EXME miscellaneous employees, like all full-time miscellaneous employees, will receive a base wage adjustment/cost of living adjustment based on the Base Revenue Index (BRI) with a floor of 1% and ceiling of 5%, effective July 12, 2026. This authorizes a 1% increase in the City Attorney’s annual salary from $379,124 to $382,920, effective July 12, 2026.
The BRI is defined as one-half (i.e., 50%) of the year-over-year rate of growth measured between the two most recent successive fiscal years of the combined dollar amount of the following four local Alameda taxes: Property Tax, 1% Bradley-Burns Sales Tax, Utility Users Tax, and Transient Occupancy Tax.
FINANCIAL IMPACT
Funds for this position are already included in the City Attorney’s department budget. No additional funds are required in Fiscal Year 2026-27.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code. This action is subject to the Levine Act.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACTS
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report
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RECOMMENDATION
Approve the Fourth Amendment to the Employment Agreement for the City Attorney, effective July 12, 2026.
Respectfully submitted,
Noelle White, Human Resources Director
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibits:
1. Employment Agreement
2. Amended Employment Agreement
3. First Amendment to Amended Employment Agreement
4. Second Amendment to Amended Employment Agreement
5. Third Amendment to Amended Employment Agreement
6. Fourth Amendment to Amended Employment Agreement