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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 i Resolution No. 21-071 Page 2 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 i 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. i 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 Page 1 Ci Clerk APPROVED AS TO FORM: City Attorney Page 2