CC Resolution No. 21-071 Approving the First Amendment to Employment Agreement between the City of Cupertino and Christopher D. Jensen, City Attorney RESOLUTION NO. 21-071
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING THE FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND
CHRISTOPHER D. JENSEN, CITY ATTORNEY,AND AUTHORIZING
THE MAYOR TO EXECUTE THE CONTRACT
WHEREAS, THE City Council has hired an executive search firm which
conducted an open recruitment to permanently fill the position of City Attorney;
and
WHEREAS, the City Council desires to pay the City Attorney an annual
base salary of$255,000 effective July 20, 2021, deferred compensation of nineteen
thousand five hundred dollars($19,5000)to be paid in bi-weekly installments;and
an automobile allowance of three-hundred fifty dollars($350)per month.All other
terms and conditions of the Agreement shall be unchanged and in full force and
effect.
WHEREAS, the terms, conditions and provisions of the First Amendment
to Employment Agreement have been reviewed and approved by the Director of
Administrative Services;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the aforementioned First Amendment to Employment Agreement and
authorizes the Mayor to execute said agreement on behalf of the City of Cupertino.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Quality Act of 1970 and.the State CEQA Guidelines
(collectively, "CEQA")because it has no potential for resulting in physical change
in the environment.In the event that this Resolution is found to be a project under
CEQA,it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because the Employment Agreement would have no or only a de
minimis physical impact on the environment. Where it can be seen with certainty
that the action does not have the potential for causing a significant effect on the
environment, CEQA does not apply. The foregoing determination is made by the
City Council in its independent judgment. j
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Resolution No. 21-071
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of July 2021,by the following vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore,Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Date
Darcy Paul, Mayor
City of Cupertino
ATTEST:
�-2
Date
Kirsten Squarcia, City Clerk
FIRST AMMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY ATTORNEY
This First Amendment to Employment Agreement(the"Agreement") is made and entered into
this 20"' day of July,2021, by and between the CITY OF CUPERTINO, STATE OF CALIFORNIA, A
Municipal Corporation, by and through its City Council("EMPLOYER"), and Christopher D. Jensen
("EMPLOYEE" and, together with EMPLOYER, the"PARTIES").
RECITALS:
A. EMPLOYER is a Municipal Corporation of the State of California.
B. The City Council of the City of Cupertino, in accordance with the provisions of its
Municipal Code, desires to employ the services of EMPLOYEE as City Attorney.
C. EMPLOYEE desires to accept employment as Cupertino City Attorney. .
D. It is the desire of both EMPLOYER and EMPLOYEE to set forth the terms and j
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conditions of said employment.
E. The PARTIES now wish to amend the Agreement with this First Amendment to
Agreement.
NOW THEREFORE, in consideration of the mutual covenants herein contained,the parties
agree as follows:
ARTICLE I: TERM OF EMPLOYMENT -
Section 1.01. Term of the Contract:
1. This Contract begins on July 20, 2021, and will automatically expire on July 20, 2026, unless
extended in writing by the Parties.
2.All other terms and conditions of the Agreement, including all other terms as currently specified
under Section 1.01, shall be unchanged and in full force and effect.
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IN WITNESS WHEREOF, EMPLOYER has caused this Agreement to be signed and executed in
its behalf by its Mayor, and duly attested by its City Clerk, and EMPLOYEE has signed and executed this
Contract, both in duplicate,the day and year first above written. j
ATTEST: CITY OF CUPERTINO j
Date: J U l 15, 2021 Date: -7/2-a/zo Z i
chrisfapher.Tensen
"EMPLOYEE" 0ayor
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Ci Clerk
APPROVED AS TO FORM:
City Attorney
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