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CC 11-16-2021 Item No. 14. Draft Resolution approving the City Manager Employment Agreement_Desk ItemRESOLUTION NO. 21 - ________ A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND JAMES THROOP CITY MANAGER, 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 Manager; and WHEREAS, the City Council desires to appoint the City Manager subject to the terms of the At-Will City Manager Employment Agreement (“Employment Agreement”), attached hereto as Exhibit A; WHEREAS, the terms, conditions and provisions of the Employment Agreement have been reviewed and approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the aforementioned 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of November 2021, by the following vote: Members of the City Council AYES: Resolution No. __________________ Page 2 NOES: ABSENT: ABSTAIN: SIGNED: ________ Darcy Paul, Mayor City of Cupertino ________________________ Date ATTEST: __________________________ Kirsten Squarcia, City Clerk ________________________ Date