1986-0624_JULIAN, STEPHEN B._AgreementAGREEMENT
THIS AGREEMENT, made and entered into this 24th day
of June 1986, by and between the City of San Juan Capistrano, State of
California, a municipal Corporation, hereinafter called "EMPLOYER.", and STEPHEN 13.
JULIAN, hereinafter called "EMPLOYEE".
WITNESSETH:
WHEREAS, EMPLOYER desires to continue to retain the services of
EMPLOYEE as City Manager of the City of San Juan Capistrano; and
WHEREAS, EMPLOYEE desires to continue to be employed as City Manager
of said City;
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
1. TERM OF EMPLOYMENT AND RENEWAL
(a) EMPLOYER hereby continues to employ EMPLOYEE and
EMPLOYEE hereby accepts continued employment with EMPLOYER for a term of four
(4) years, beginning June 15, 1986 and expiring on June 14, 1990.
(b) EMPLOYER and EMPLOYEE agree that EMPLOYEE shall provide
his services exclusively to EMPLOYER during the term, including extensions, except as
may be otherwise provided by this Agreement.
(c) Unless written notice of intent not to renew is given by either
party hereto to the other not less than one hundred and eighty (180) days prior to the
expiration of the said term of employment, this Agreement shall be deemed renewed for
a four (4) year period next succeeding said term. All provisions of this .Agreement
pertaining to the four (4) year term of employment shall remain in full force and effect
upon such renewal, unless otherwise provided by the mutual consent of the parties.
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2. DUTIES OF EMPLOYEE AND HOURS OF WORK
(a) EMPLOYEE is hereby employed by EMPLOYER as City \tanager to
perforin the duties and discharge the functions as specified in Ordinance No. 175, as
amended from time to time, of the City of San Juan Capistrano, and to perform such
other duties and discharge such other functions as the Council of said City may from
time to time reasonably assign to EMPLOYEE. Such duties may include performing the
duties and discharging the functions of Chief Executive Officer of subsidiary districts,
agencies, or organizations, public and private, cf which the City Council, or the members
thereof by virtue of being members of the Council, are the governing board and
authority, or the appointing authority.
(b) EMPLOYEE shall control, order and give directions to all
departments of government of the City and to all appointive officers and employees
thereof. EMPLOYEE shall exercise identical authority when serving as Chief Executive
Officer of any subsidiary organization as provided by Section 2(a) of this A:-,reen:ent.
(c) The parties hereto recognize that, in the normal discharge of
EMPLOYEE'S functions, he will be required to devote considerable time outside of
F.MPLOYER'S normal office working hours to business related to the concerns and
interests of the municipality and its ancillary and subsidiary organizations. To minimize
and avoid to the extent possible hardships upon the EMPLOYEE, EMPLOYER agrees to
allow EMPLOYEE to establish flexible working hours and to take compensatory time off
during normal office working hours.
3. CO�,,IPENSATION, BENEFITS AND EXPENSES
Compensation to EMPLOYEE for services as City Manager shalt be set
by the City Council. Additional compensation, if any, for services performed for
subsidiary organizations may be in the form of a stipend or such other form of
compensation as may be agreed upon by the parties. EMPLOYER agrees to review
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EMPLOYEE'S total compensation annually and to maintain appropriate internal and
external compensation relationships. EMPLOYEE'S salary, benefits and other forms of
compensation shall not be reduced unless as part of an overall decrease in the
compensation of all other City employees.
(a) SALARY
Salary for EMPLOYEE for services rendered under this Agreement
shall be established by resolution of the City Council as amended from time to time.
(b) AUTOMOBILE
EMPLOYEE shall, at his own cost and expense, procure an
automobile for use in traveling in the performance of his duties hereunder. EMPLOYEE
shall procure and maintain in force an automobile liability insurance policy covering said
automobile, with EMPLOYEE as a named insured, in such reasonable minimum amounts
for bodily injury or death and property damage as EMPLOYER may deem necessary for
its just protection, and EMPLOYEE. shall deliver to EMPLOYER a true copy of such
automobile liability insurance policy. EMPLOYEE is authorized to use said automobile
for the purpose of performing his duties and discharging his functions hereunder provided
that he shall first execute an agreement with EIv9PLOYER holding the latter harmless
from any liability resulting from the use of said automobile and containing such other
terms and conditions as EMPLOYER may deem necessary to protect the interests of
EMPLOYER thereunder.
EMPLOYER shall compensate EMPLOYEE for the use of his
automobile by payment to EMPLOYEE of a sum as set by resolution of the City Council,
as amended from time to time.
4. PROFESSIONAL BENEFITS
All provisions of Ordinance No. 175, as amended from time to time, of
the Codes of San Juan Capistrano shall remain in effect during EMPLOYEE'S term of
employment.
Further, EMPLOYER agrees to pay the travel and subsistence expenses
of EMPLOYEE for professional and official travel authorized by the City Council of the
City of San Juan Capistrano and made for the purpose of allowing EMPLOYEE to attend
meetings, short courses, institutes and seminars for the continued professional
development of EMPLOYEE and to pursue necessary official and other functions of the
City, including, but not necessarily limited to, the annual conference of the League of
California Cities, International City Management Association, Urban Land institute, and
such other national, regional, state and local governmental groups and committees
thereof on which EMPLOYE 17 may serve as a member. EMPLOYER further agrees to pay
the professional dues and subscriptions of Ef IPLOYEE authorized by the City Council of
the City of San Juan Capistrano and necessary for his continuation and full participation
in national, regional, state and local associations and organizations necessary and
desirable for his continued Professional development.
5. INSURANCE
1a1PLOYER agrees to provide EMPLOYEE with all health, life and other
insurance benefits similar to those provided to other Executive employees at no expense
to EMPLOYEE-. This shall not preclude EMPLOYEE from securing such benefits from
other than the City's insurance and benefit providers providing, however, the City shall
not be obligated to pay more than it would otherwise pay for said benefits through a City
provider.
RETll? E,MENT
EMPLOYER agrees to continue the City's membership in the Orange
County Retirement System and to pay all costs related to E%IPLOYEE'S membership
therein.
7. LEAVE
EMPLOYEE shall continue to receive annual vacation leave, sick leave,
holiday leave and other leave privileges and benefits as provided to other Executive
employees of the City. Any unused leave may 1?e converted to deferred compensation,
individual retirement accounts, or other forms of compensation, provided, however, that
no conversion shall be used to increase the salary of EbIPLOYEE- as established by the
City Council.
8. HOUSING
EMPLOYER and EMPLOYEE have previously entered into a housing
agreement dated July 8 19 81 . The terms and conditions
thereof are extended hereby for one year.
9. OTHER BENEFITS
All other benefits enjoyed by other employees of the City shall be
enjoyed by EMPLOYEE. The benefits enumerated in this Agreement are additional to
and not in substitution of benefits or compensation paid to EMPLOYEE hereunder.
10. GENERAL PROVISIONS
(a) Other E�enses
EMPLOYEE is authorized to incur reasonable business expenses in
the discharge of his functions hereunder and as authorized by the Council of the City of
San Juan Capistrano. Upon submittal of such documentary evidence as may from time to
time be required by EMPLOYER, the latter will reimburse EMPLOYEE for such business
expense.
(b) Engaging in Other Employment
EMPLOYEE shall devote his productive time, ability and attention
to the business of EMPLOYER. duriing the term of this Agreement, or any renewal or
extension thereof. EMPLOYEE shall not, except as hereinafter specifically provided,
directly or indirectly render services of a business, commercial or professional nature to
any person or organization other than EMPLOYER, for compensation or otherwise,
without the prior express written consent of EMPLOYER. Notwithstanding anything
herein to the contrary, EMPLOYEE may, without the benefit of such consent, pursue
outside activities in a teaching, consulting or writing capacity, if perforrned wholly
outside of such normal working hours provided that such outside activities do not in any
way adversely affect or interfere with E'MPLOYDE'S employment by EMPLOYER, are
not otherwise considered by EMPLOYER to be inconsistent with EMPLOYEE'S duties and
responsibility hereunder and are conducted by EMPLOYEE off EMPLOYER'S premises.
(c) 'Notices
Unless waived by the other party, any notices to be provided by
either party hereto to the other shall be in writing, sent by U.S. Mail, postage prepaid,
registered, and addressed as follows:
1. Notice to EMPLOYER
City Council of the City of
San Juan Capistrano
Attention: City Clerk
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
2. ;Notice to EMPLOYEE_
Stephen B. Julian
28121 Calle San Remo
San Juan Capistrano, CA 92675
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Change in the address of either party hereto shall be notified by
the latter to the other party in writing sent by U.S. Mail, postage prepaid, registered and
addressed to such other party's address as last notified to the notifying party.
(d) Other Conditionsof Employment
The Council of the City of San Juan Capistrano may fix such other
terms and conditions of employment as it may determine to be reasonably necessary,
from time to time, provided such terms and conditions are not inconsistent with the
provisions of this Agreement.
(e) Termination
Notwithstanding anything herein contained to the contrary, this
Agreement and any renewal or extension hereof may be terminated at any time by
mutual consent of the parties hereto, and may be terminated at any time by either party
hereto upon notice by such party to the other of such party's intent to terminate. To be
effective, such notice shall be in writing, addressed to the other party's address as
specified herein, or as may hereafter be notified by either party hereto, to the other and
shall specify the date on which such termination is to take effect. Such date shall not be
less than thirty (30) days subsequent to the date of receipt of said notice by the party to
whom it is addressed, if hand delivered, or the date of the postmark, if sent by mail to
such party.
This Agreement shall be deemed terminated automatically
effective immediately upon the occurrence of any of the following events:
(1) The death of EMPLOYEE or loss by EMPLOYEE of his legal
capacity.
(2) The willful or habitual breach of duty by EMPLOYEE in the
course of his employment hereunder or of any other
obligation under this Agreement unless waived by
EMPLOYER.
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(3) The commission by EMPLOYEE of any act of misconduct or
misfeasance in office.
Except for automatic termination of the Agreement as specified
herein, in the event that EMPLOYEE'S services are terminated by EMPLOYER,
EMPLOYEE shall be entitled to a lump sum severance payment equal to six (6) months'
salary and benefits.
Notwithstanding anything herein to the contrary, no severance pay
shall be paid in the event of automatic termination of EMPLOYEE'S employment
hereunder.
Termination hereunder shall not prejudice any remedy which the
terminating party may have either at law, in equity, or under this Agreement.
(f) Entire Agreement
This Agreement supersedes any and all other Agreements, either
oral or in writing between the parties hereto with respect to the employment of
EMPLOYEE by EMPLOYER and contains aL the covenants and agreements between the
parties with respect to such employment. Any modifications to this Agreement shall be
effective only if it is in writing signed by both parties hereto.
(g) Partial Invalidi
If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions shall
nonetheless continue in full force, without impairment.
(h) :Monies Due Deceased Employee
If EMPLOYEE dies prior to the expiration of the term of his
employment, any monies due him from EMPLOYER under this Agreement as of the date
of death shall be paid forthwith to EMPLOYEE'S executor, administrator, heirs, personal
representatives and successors.
(i) Attorney's Fees and Costs
If any actions at law or in equity are necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, costs and necessary disbursements in addition to any other
relief to which he may be entitled.
EXECUTED at San Juan Capistrano, California, on the day and year first
above written..
CITY OF SAN JUAN CAPISTRANO
A Municipal Corporation
EMPLOYER
Kenneth E. Friess, :Mayor
EMPLOYEE
Stephe B. Julian, City M", anager
ATTEST:
City Clerk
AU 7408634-02
UNITED PACIFIC
INSURANCE COMPANY
33405 8th Avenue South, C-3000
Federal Way, WA. 98003
LOSS PAYEE COPY
AUTO POLICY
NOTICE OF NONRENEWAL
RE'B@IVED
,JUN 11 2 53 P4 'R7
CITY CI FRrt
GLENDL
PAGE 1
AU 7408634-02 FROM: JAN 29, 1987 TO: JULft`9 ;"1''9614 0596037 00
Lr:
NAME OF INSURED AND ADDRESS AGENCY NAME AND ADDRESS 06/08/87
i
JULIAN, STEVEN B. & ROBYN FERGUSON FINANCIAL INSURANCE
28121 CALLE SAN REMO SERVICES INC
SAN JUAN CAPISTRANO, CA 1400 N HARBOR BLVD #100
92675 FULLERTON, CA
I: 92635
NOTICE OF NONRENEWAL
NONRENEWAL WILL TAKE EFFECT ON 07/29/87 AT 12:01 A.M. STANDARD TIME.
TO ALL INSUREDS, MORTGAGEES AND LOSS PAYEES NAMED IN SAID POLICY:
YOU ARE HEREBY NOTIFIED THAT THE ABOVE POLICY WILL NOT BE RENEWED ON THE
EXPIRATION DATE AND THAT ALL INSURANCE THEREUNDER SHALL CEASE AT AND FROM
THE DATE AND HOUR STATED ABOVE.
NOTE: PLEASE CONTACT YOUR AGENT IMMEDIATELY IF YOU
HAVE ANY QUESTIONS CONCERNING THIS NOTICE.
P HANK PERRY, IC NSOAI MANAGER
HANK P PACIFIC INSURANCE COMPANY
i� PFRSONAI & OUSINESSOWNERS DIVISION
3345 MICHELSON DRIVE, SUITE 100
IRVINE, CA 92715
AUTHORIZED REPRESENTATIVE
ADDITIONAL INSURED
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA
92675
NOTICE PREPARED AT FEDERAL WAY, WASHINGTON
AU 7408634-01
UNITED PACIFIC
INSURANCE COMPANY
33405 Bib Avenue South, 0-3000
Federal Way, WA. 98003
LOSS PAYEE COPY
PERSONAL AUTO POLICY
NOTICE OF REINSTATEMENT
GLENDL
PAGE 1 I
`rt
V✓07
POLICY NUil
POLICY PERIOD
AGENCY NUMBER 1
1 AU 7408634-01
FROM. JUL
29, 1986 TO. JAN 29, 1987
0596037 00
NAME OF INSURED
AND ADDRESS
AGENCY NAME AND ADDRESS 12/02/86
JULIAN, STEVEN
B. & ROBYN
FERGUSON FINANCIAL
INSURANCE
28121 CALLE SAN
REMO
SERVICES INC
SAN JUAN CAPISTRANO,
CA
1400 N HARBOR BLVD
#100
!"
92675
FULLERTON, CA
92635
POLICY REINSTATEMENT FOR NONPAYMENT OF PREMIUM
TO ALL INSUREDS, MORTGAGEES AND LOSS PAYEES NAMED IN SAID POLICY:
THIS IS TO ADVISE YOU THAT THE NOTICE OF CANCELLATION OR LAPSE NOTICE
THAT WAS TO BECOME EFFECTIVE 12/06/86 IS RESCINDED.
NOTE: PLEASE CONTACT YOUR AGENT IMMEDIATELY IF YOU
HAVE ANY QUESTIONS CONCERNING THIS NOTICE.
sni
ADDITIONAL INSURED
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA
92675
NOTICE PREPARED AT FEDERAL WAY, WASHINGTON
AU 7408634-01 LOSS PAYEE COPY GLENDL
PERSONAL AUTO POLICY PAGE 1 i
UNITED PACIFIC
INSURANCE COMPANY NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM
33405 81h Avenue South, C-3000
I- Federal Way, WA. 98003
POLICY NUMBER
POLICY PERIOD
AGENCY NUMBER
AU 7408634-01
FROM: JUL 29, 1986 TO: JAN 29, 1987
0596037 00
NAME OF INSURED AND ADDRESS AGENCY NAME AND ADDRESS 11/24/86
JULIAN, STEVEN B. & ROBYN FERGUSON FINANCIAL INSURANCE
28121 CALLE SAN REMO SERVICES INC
SAN JUAN CAPISTRANO, CA 1400 N HARBOR BLVD #100
92675 FULLERTON, CA
92635
NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM
CANCELLATION WILL TAKE EFFECT ON 12/06/86 AT 12:01 A.M. STANDARD TIME
FOR NONPAYMENT OF AMOUNT DUE: $396.58. THE ACCOUNT BALANCE: $396.58.
TO ALL INSUREDS, MORTGAGEES AND LOSS PAYEES NAMED IN SAID POLICY:
YOU ARE HEREBY NOTIFIED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
MENTIONED POLICY AND IN ACCORDANCE WITH LAW, THAT YOUR INSURANCE WILL CEASE
AT AND FROM THE DATE AND HOUR STATED ABOVE DUE TO NONPAYMENT OF PREMIUM.
TO REINSTATE THIS POLICY, THE AMOUNT DUE MUST BE RECEIVED IN THE COMPANY'S
OFFICE BEFORE THE CANCELLATION EFFECTIVE DATE.
MAIL PAYMENTS TO:
P. O. BOX 2728
p Jr1 �a,�--�
SEATTLE, WA 98111-2728
AUTHORIZED REPRESENTATIVE
NOTE: PLEASE CONTACT YOUR AGENT IMMEDIATELY IF YOU
HAVE ANY QUESTIONS CONCERNING THIS NOTICE.
IF THIS POLICY HAS BEEN IN FORCE 60 DAYS OR MORE, PURSUANT TO CHAPTER 11 OF
THE CALIFORNIA INSURANCE CODE, YOU ARE ENTITLED TO BE INFORMED WHICH OF THE
GROUNDS SET FORTH IN SECTION 676 APPLY. AFTER RECEIPT OF YOUR REQUEST IN
WRITING THE REASON(S) WILL BE SUPPLIED BY THIS COMPANY TO YOU IN WRITING.
ADDITIONAL INSURED
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA
92675
NOTICE PREPARED AT FEDERAL WAY, WASHINGTON