CC Resolution No. 20-112 Approving Second Amendment to Employment Agreement for City Manager and authorizing the Mayor to execute the AmendmentRESOLUTION NO. 20‐112
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
APPROVING THE SECONDAMENDMENT 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 one‐year 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 an annual
base salary of $275,000 retroactive to June 3, 2020, one‐time deferred
compensation of fifteen thousand dollars ($15,000) to be paid in bi‐weekly
installments of five hundred seventy six dollars and 92 cents ($576.92) retroactive
to June 3, 2020; and an automobile allowance of three‐hundred fifty dollars ($350)
per month retroactive to June 3, 2020. 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 Second
Amendment to the 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 Second Amendment to the Agreement and
authorizes the Mayor to execute said amendment 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 amendment to 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.
Resolution No. 20‐112
Page 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of August 2020, by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
___________________ ________
Steven Scharf, Mayor
City of Cupertino
_________________________
Date
ATTEST:
_________________________________
Kirsten Squarcia, City Clerk
_________________________
Date
8/28/2020
8/28/2020