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CC Resolution No. 22-092 approving the Second Amendment to Employment Agreement with the City Attorney for the City of Cupertino and authorize the Mayor to execute the AgreementRESOLUTION NO. 22 -092 A RESOLUTION OF THE CUPERTINO CITY COUNCIL APPROVING THE SECOND 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 desires to increase the pay to the City Attorney to an annual base salary of $280,000 effective July 20, 2022, with all other terms and conditions of the Agreement remaining unchanged and in full force and effect. WHEREAS, the terms, conditions and prov1s1ons of the Second Amendment to Employment Agreement have been reviewed and approved by the Senior Assistant City Attorney; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the aforementioned Second 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. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of July 2022, by the following vote: Members of the City Council AYES: Paul, Chao, Moore, Wei, Willey NOES : None ABSENT: None ABSTAIN: None Resolution No. 22-092 Page2 SIGNED: ATTEST: Kirsten Squarcia, City Clerk Date Date 8/8/22 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY ATTORNEY This Second Amendment to Employment Agreement (the "Agreement") is made and entered into this 20 th day of July, 2022, by and between the CITY OF CUPERTINO, ST ATE 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 conditions of said employment. E. The PARTIES now wish to amend the Agreement with this Second Amendment to Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: ARTICLE III: COMPENSATION Section 3.01. Compensation: l. EMPLOYER agrees to pay to EMPLOYEE for services rendered by him pursuant to this Contract an annual base salary of $280,000, payable in installments at the time as other employees of EMPLOYER are paid . 2. All other tenns and conditions of the Agreement and any amendments shall be unchanged and remain in full force and effect. 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, to be effective the day and year first above written. ATTEST: CITY OF CUPERTINO Date: Jul 14, 2022 Date: 7 /z 1/ Z c:, z.-z.... ~~p~ "EMPLOYEE" Page 1 City Clerk APPROVED AS TO FORM: /vlichael hJoo Mic h ae l Woo (Ju l 21 , 2022 13:24 PDT) Senior Assistant City Attorney Page2 CA Second amendment to agreement Final Audit Report 2022-07-14 Created : 20 22-07-14 By : Araceli Alejandre (aracelia@cupertino.org) Status: Sign ed Transa ction ID: CBJC HBCMBAAVkmNAarKINGqivpYIZIFl-4_CVFE-5ag "CA Second amendment to agreement" History 'El Document created by Araceli Alejandre (aracelia@cupertino .org) 2022-07-14-9:56 :12 PM GMT-IP address : 73 .170 .27 .253 18'. Document emailed to christopherj@cupertino.org for signature 2022-07-14 • 9:57 :36 PM GMT 'El Email viewed by christopherj@cupertino.org 2022-07-14 -10 :16 :58 PM GMT-IP address: 104.47.74 .126 0& Document e-signed by Christopher D . Jensen (christopherj@cupertino.org) Signature Date : 2022-07-14 -10:17 :17 PM GMT · Time Source : serve r-IP address: 136.24.42.212 0 Agreement completed. 2022-07-14-10:17:17 PM GMT I Poweredby Adobe •"""""" Acrobat Sign Second Amendment to Employment for City Attorney Final Audit Report 2022-07-21 Created : 2022-07-21 By : Kirs(e~ Squarcia (kirstens@cupertino.org) Status : Signed Transaction-ID: ---CBjCHBCAABAArYcQq-c3qeBJ4DvjHiXQg7ydlh9yEf>,nu "Second Amendment to Employment for City Attorney" History 'El Document created by Kirsten Squarcia (kirstens@cupertino.org) 2022-07-21 -7 :00 :25 PM GMT-IP address : 69.110.137 .176 0o Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date : 2022-07-21 -7:02:59 PM GMT -Time Source: server-IP address : 69 .110 .137.176 g Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2022-07-21 -7 :03:01 PM GMT 'El Email viewed by Michael Woo (michaelw@cupertino.org) 2022-07-21 -8:23:55 PM GMT-IP address : 104.47.73 .254 0"'0 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2022-07-21 -8:24:45 PM GMT -Time Source: server-IP address : 64.165 .3 4 .3 0 Agreement completed . 2022-07-21 -8:24:45 PM GMT II Adobe Acrobat Sign