CC Resolution No. 20-012 Approving the First Amendment to the Employment Agreement Between the City of Cupertino and Deborah Feng, City Manager, and Authorizing the Mayor to Execute the Contract RESOLUTION NO. 20-012
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A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING THE FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND DEBORAH FENG, CITY MANAGER,
AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT
WHEREAS, THE City Council has conducted its six-month review, per Section
2.03, Performance Evaluation Procedures, of the Employment Agreement for City
Manager, Deborah Feng ("Agreement"); and
WHEREAS, the City Council desires to pay the City Manager a one-time
performance bonus of $19,000 and advance the City Manager's vacation such that the
City Manager shall be deemed to have accrued three weeks' (120 hours) vacation as of
January 21, 2020, which shall be 100% of the vacation the City Manager is eligible to
accrue during the first year of employment. On the one-year anniversary of employment,
the City Manager shall begin to accrue three weeks' vacation for the second year of
employment.
WHEREAS, the terms, conditions and provisions of the First Amendment to the
Agreement have been reviewed and approved by the Director of Administrative Services;
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NOW,THEREFORE,BE IT RESOLVED that the City Council does hereby approve
the aforementioned First Amendment to the Agreement and authorizes the Mayor to I
execute said amendment on behalf of the City of Cupertino.
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BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Quality Act of 1970, together with related 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 it can be seen with certainty to have no possibility that the action
approved may have a significant effect on the environment. CEQA applies only to
actions which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance, the amendment to the Employment Agreement would have no or only
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a de minimis impact on the environment. The foregoing determination is made by the
City Council in its independent judgment.
Resolution No. 20-012
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of January 2020,by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks
NOES: None
ABSENT: Willey
ABSTAIN: None
SIGNS
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Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
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Kirsten Squarcia, City Clerk Date
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY MANAGER
This First Amendment to Employment Agreement for City Manager ("First Amendment
to Agreement") is made and entered into this S "4day ofJeftuia-ry 2020, by and between the CITY
'Feb rv�,r I
OF CUPERTINO, STATE OF CALIFORNIA, a Municipal Corporation, by and through its City Council
("EMPLOYER"), and Deborah L. Feng ("EMPLOYEE" and, together with EMPLOYER, the
"PARTIES").
RECITALS:
A. On April 8, 2019, EMPLOYER and EMPLOYEE entered the Employment
Agreement for City Manager ("Agreement") governing EMPLOYEE'S
employment as Cupertino City Manager.
B. 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:
1. Section 2.03 of the Agreement titled "Performance Evaluation Procedures" shall be
amended to provide that EMPLOYEE shall be reviewed and evaluated next in July 2020.
2. Section 3.01 of the Agreement titled "Compensation" shall be amended to provide
that EMPLOYER shall pay EMPLOYEE a one-time performance bonus of Nineteen
Thousand Dollars ($19,000).
3. Section 4.02 of the Agreement titled "Vacation and Sick Leave" shall be amended to
provide that EMPLOYEE's vacation shall be advanced such that EMPLOYEE shall be
deemed to have accrued three (3) weeks' (120 hours) vacation as of January 21, 2020,
which shall be 100% of the vacation EMPLOYEE is eligible to accrue during the first year
of employment under Section 4.02 of the Agreement. On the one-year anniversary of
EMPLOYEE's employment (June 3, 2020), EMPLOYEE shall begin to accrue three (3)
weeks' vacation for the second year of employment in the normal course in accordance
with Section 4.02 of the Agreement.
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4. All other terms and conditions of the Agreement shall be unchanged and in full force and
effect.
IN WITNESS WHEREOF, EMPLOYER has caused this First Amendment to Agreement to be
signed and executed on its behalf by its Mayor, and duly attested by its City Clerk, and EMPLOYEE
has signed and executed this First Amendment to Agreement for City Manager, both in
duplicate, the day and year first above written.
ATTEST: CITY OF CUPERTINO
Date: Date:
E 'PtOYEE Mayor
City Clerk
APPROVED AS TO FORM:
City Attorney
1199002.3
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