1987-1103_JULIAN, STEPHEN B._Agreementi
AGREEMENT
THIS AGREEMENT, made and entered into this 3rd day of November,
1987, by and between the City of San Juan Capistrano, State of California, a
municipal Corporation, hereinafter called "EMPLOYER", and STEPHEN B. 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
five (5) years, beginning November 2, 1987, and expiring on November 1, 1992.
(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
Manager to perform 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, of
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
Agreement.
(c) EMPLOYEE is hereby employed by EMPLOYER as Executive
Director of the San Juan Capistrano Community Redevelopment Agency, pursuant to
Section 2(a) of this Agreement and Section 3 of the Agency Bylaws. As provided by
this Agreement and as authorized by the Agency Bylaws, the Executive Director
shall be compensated at the same rate of base pay (pro rated) as established from
time to time for the City Manager. A separate accounting of Agency work shall be
maintained, with the hours devoted to Agency business to be under the control and
direction of the Community Redevelopment Agency Board of Directors and the City
Council. However, EMPLOYEE is employed and required to devote an average of not
less than eight (8) hours per week discharging the duties of Exeuctive Director.
(d) The parties hereto recognize that, in the normal discharge of
EMPLOYEE'S functions, he will be required to devote considerable time outside of
EMPLOYER'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.
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3. COMPENSATION, BENEFITS AND EXPENSES
Compensation to EMPLOYEE for services as City Manager shall 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
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 EMPLOYER 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.
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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 EMPLOYEE may serve as a
member. EMPLOYER further agrees to pay the professional dues and subscriptions
of EMPLOYEE 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
EMPLOYER 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.
6. RETIREMENT
EMPLOYER agrees to continue the City's membership in the Orange
County Retirement System and to pay all costs related to EMPLOYEE'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 be converted to deferred
compensation, individual retirement accounts, or other forms of compensation,
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provided, however, that no conversion shall be used to increase the salary of
EMPLOYEE as established by the City Council.
8. HOUSING
EMPLOYER and EMPLOYEE have previously entered into a housing
agreement dated July 8, 1981. The terms and conditions thereof are modified in
accordance with Attachment A.
9. OTHER BENEFITS
All other benefits enjoyed by other employees of the City, including
performance pay to be paid monthly, 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 Expenses
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 during 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 performed wholly outside of such normal working
hours provided that such outside activities do not in any way adversely affect or
interfere with EMPLOYEE'S employment by EMPLOYER, are not otherwise
considered by EMPLOYER to be inconsistent with EMPLOYEE'S duties and
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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
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 Conditions of 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.
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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.
(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 as City Manager are
terminated by EMPLOYER, EMPLOYEE shall be entitled to a lump sum severance
payment equal to six (6) months' salary and benefits. For services provided under
Section 2(c) of this agreement, EMPLOYEE shall be entitled to a lump sum severance
payment equal to the term then remaining.
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 all 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 Invalidity
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.
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W 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.
ATTEST:
22, 1qel,z
a
City ler{
10
CITY OF SAN JUAN CAPISTRANO
A Municipal Corporation
EMPLOYER
Anthony L. Rrand, Mayor
EMPLOYEE
teph B. Julian, ity Manager
ATTACHMENT A
MODIFICATIONS TO HOUSING AGREEMENT
The Housing Agreement made and entered into between the City of San
Juan Capistrano, State of California, a municipal corporation, hereinafter called
"Employer" and Stephen B. Julian, City Manager, hereinafter called "Employee",
dated July 8, 1981, and subsequently extended in 1985 is superseded as set forth
herein.
WITNESSETH:
WHEREAS, the City of San Juan Capistrano Municipal Code requires the
City Manager to reside within the City limits; and
WHEREAS, Employer and Employee entered into an agreement to assist
Employee in meeting this requirement, while providing a real value and benefit to
the City of San Juan Capistrano; and
WHEREAS, the purposes of said agreement have been fulfilled by the
parties; and
WHEREAS, Employee, due to changing family size and other
circumstances, has determined the residence acquired pursuant to the July 8, 1981,
Housing Agreement is no longer a suitable residence for Employee; and
WHEREAS, Employee desires to sell said residence located at 28121 Calle
San Remo, and acquire a more suitable residence within the City; and
WHEREAS, Employer desires to acquire the residence located at 28121
Calle San Remo from Employee for future municipal housing purposes; and
Employer.
WHEREAS, Employee is agreeable to the acquisition of said residence by
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NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
1. This agreement is entered into pursuant to the provisions of the
Employment Agreement, Section 8, between Employer and
Employee dated November 3, 1987.
2. Employee agrees to sell and Employer agrees to purchase a single
family residence located at 28121 Calle San Remo, San Juan
Capistrano, 92675.
3. The purchase price shall be agreed upon by the parties following an
independent appraisal of the property.
4. Employee agrees to utilize proceeds of sale to discharge the
obligations of the note carried by the City of San Juan Capistrano
and secured by the property located at 28121 Calle San Remo, San
Juan Capistrano, California.
5. The City agrees that if, and to the extent the proceeds of the sale
are insufficient to discharge the obligations of the note dated July
30, 1981, that it will carry back without interest an unsecured note
for the outstanding balance for a period of time not to exceed five
years.
6. Employee agrees that in the event it is necessary for the City to
carry back such a note, that he will make regular payments to
discharge the obligation of the note.
7. Taxes and other assessments will be prorated as of January 1, 1988.
8. Sale of property to occur on or after January 1, 1988.
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ATTEST:
MARY ANN V R, CITY CLERK
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EMPLOYER
CITY OF SAN JUAN CAPISTRANO
Anthony L. and, Mayor
EMPLOYEE
-Sfepheh B. Julian
i 0
COUNCIL ACTIONS
EMPLOYMENT AGREEMENT - CITY MANAGER (600.30)
It was moved by Councilman Schwartze, seconded by Councilman Buchheim to
approve a five-year contract with the City Manager and to adopt the following
Resolution:
RESOLUTION NO. 87-11-3-5 .AMENDING THE EMPLOYEE
COMPENSATION PLAN - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE CITY EMPLOYEE
COMPENSATION PLAN (CITY MANAGER, CITY TREASURER
AND LEGISLATIVE AIDE)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
The Resolution approved the following Exempt Employees Salary Schedule:
Class Title
City Manager
City Treasurer
Legislative Aide
ADJOURNMENT
Performance
Salary Pay
$6833/mo 10%
$250/mo
$250/mo
There being no further business before the Council, the meeting was adjourned at 9:06
p.m., to the next regular meeting date of Tuesday, November 17, 1987, at 7:00 p.m., in
tha City Council Chamber.
ATTEST:
ANTHONY L. BLAND, MAYOR
Respectfully submitted,
MARY ANN OVER, CITY CLERK
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ll/3/87
J
AGENDA ITEM
TO: Honorable Mayor and City Council
FROM: Stephen B. Julian, City Manager
SUBJECT: Renewal of Employment Agreement
SITUATION•
November 3, 1987
This item was not completed at the time of packet preparation. It will be
provided prior to the Council meeting.
Respectfully submitted,
' Stephen B. Julia�i
SBJ:cj
9
9
The Resolution set the following "New License" fees:
Dog Licenses/Types
Twelve -Month Duration
No Discount
Spay/Neuter Discount
Senior Citizen Discount
Spay/Neuter & Senior Citizen Discount
Six -Month Duration
41
Fee Effective 10/1/87
$2G.00
10.00
10.00
5.00
No Discount 12.00
Spay/Neuter Discount 6.00
Senior Citizen Discount 6.00
Spay/Neuter & Senior Citizen Discount 3.00
DONATION OF BURGLAR ALARM SYSTEM FOR MONTANEZ ADOBE
WALKING TOUR GUIDES 910.50
Written Communications:
Report dated November 3, 1987, from the Senior Administrative Assistant, advising
that the Walking Tour Guides of the San Juan Capistrano Historical Society wished
to donate a burglar alarm, valued at $400, for the ,ltontanez Adobe. If accepted, the
alarm would be installed in November by Bill Hardy, a member of the Los Rios
Review Committee.
Acceptance of Burglar Alarm System:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to accept the donation of a burglar alarm system from the
Walking Tour Guides. Staff was authorized to forward a letter of acknowledgment
to the Guides.
RENEWAL OF EMPLOYMENT AGREEMENT (CITY MANAGER)(600.30)<—
Written Communications:
Report dated November 3, 1987, from the City Manager, forwarding a five-year
employment agreement beginning November 2, 1987, and ending November 3, 1992.
A resolution amending the Compensation Plan was included to revise the City
Manager's Salary.
Mayor Bland advised that this item would be considered during Closed Session.
CITY ATTORNEY
REPEAL OF USE AND SALE OF SAFE A
Ili
Written Communications:
1 Report dated November 3, 1987, from the City Attorney, forwarding an
ordinance repealing the existing provisions of the Municipal Code which
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11/3/87
�AGENDAITEM November 387
TO: Honorable Mayor and City Council
FROM: Stephen B. Julian, City Manager
SUBJECT: Renewal of Employment Agreement (City Manager)
SITUATION•
The attached employment agreement, submitted for your review and consideration, is
reflective of the discussions between the Council and the Manager as is permitted under the
provisions of the Meyers, Milias, Brown Act. The agreement, as you are aware, is
essentially the same agreement as previously entered into between the City and its City
Manager, and in general sets forth the terms and conditions of employment agreed upon by
the parties.
The agreement provides for a five (5) year term commencing November 2, 1987, and ending
November 3, 1992. It also addresses such other terms and conditions of employment as
insurance benefits, housing, and provisions which closely restrict outside employment
without first obtaining the consent of the Council. The agreement provides that the salary
of the City Manager is to be set by resolution of the City Council as required by the
Municipal Code. An amendment to the compensation plan is also submitted for Council
consideration.
COMMISSION/BOARD REVIEW & RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The adopted budget provides sufficient funding for implementing the agreement. Salary
increases for all other City employees have already been implemented effective July 1,
1987.
ALTERNATE ACTIONS:
1. Approve the agreement and adopt the salary resolution.
2. Request additional information from staff.
3. Continue discussions with the City Manager
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
RECOMMENDATION:
Approve the employment agreement between the City and the City Manager and adopt the
attached resolution amending the compensation plan of the City.
Respectfully submitted,
tephe. Julian
SBJ:cj
Attachments
0 0
RESOLUTION NO. 87-11-3-5
AMENDING THE EMPLOYEE COMPENSATION PLAN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CITY
EMPLOYEE COMPENSATION PLAN (CITY MANAGER, CITY
TREASURER AND LEGISLATIVE AIDE)
WHEREAS, Section 2-5.403(c) of the Municipal Code requires the Personnel
Officer to prepare and maintain a Classification and Compensation Plan and to submit
any revisions thereto for the approval of the City Council; and,
WHEREAS, Section 2-5.206 of the Municipal Code provides that compensation
of the City Manager shall be set by Resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, does hereby amend the Basic Compensation Plan in accordance with
Exhibit A attached hereto and by reference made a part hereof.
PASSED, APPROVED, AND ADOPTED this 3rd day
of November ,1987.
ANTHONY L. AND, MAYOR
ATTEST:
CITY CLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 87-11-3-5 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 3rd day
of November . 1987, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
liausdorfer, and Mayor Bland
NOES: None
ABSENT: None
(SEAL)
MARY AN ANOVE , CITY CLERK
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CITY OF SAN JUAN CAPISTRANO
COMPENSATION PLAN
Exempt Employees Salary Schedule
Effective July 1, 1987
Class Title Salary Performance Pay
City Manager $6833/mo. 10%
City Treasurer 250/mo.
Legislative Aide 250/mo.
Exhibit A of
Resolution No.
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