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1990-0220_JULIAN, STEPHEN B._AgreementAGREEMENT THIS AGREEMENT, made and entered into this 20th day of February, 1990, 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 and one half (5 1/2) years, beginning January 1, 1990 and expiring on July 1, 1995. (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. 1 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 Executive Director. (d) The parties hereto recognized 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. E 3. COMPENSATION, BENEFITS AND EXPENSES Compensation to EMPLOYER for services as City Manager shall be set by the City Council. Said compensation, performance incentives, and compensation for services performed for any subsidiary organizations of the City, as may be agreed to by the parties, shall constitute EMPLOYEE'S base of regular compensation. EMPLOYER agrees to review EMPLOYEE'S total compensation annually and to maintain appropriate internal and external salary and 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 for 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 provision 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. 3 0 s 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, in lieu of annual vacation, sick, holiday, and other leave privileges and benefits accorded to other employees and Executives of the City, be credited with Comprehensive Annual Leave, each January 1, equal to the leave benefits and privileges provided to other employees and Executives of the City. Any unused leave may be converted to deferred compensation, individual retirement accounts, or other forms of compensation. EMPLOYEE'S base compensation divided by 2080 hours shall be the basis upon which conversions are calculated. Leave may not be converted to increase base compensation. 4 0 0 8. 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. Attachment A of the existing agreement is hereby modified so as to extend the term and amortization of the note conincident and equal to the term of this amendatory agreement. 9. 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. (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 of interfere with EMPLOYEE'S employment by EMPLOYER, are not otherwise considered by EMPLOYER to be inconsistent with EMPLOYEE'S duties and responsibilities 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 5 2. Notice to EMPLOYEE Stephen B. Julian 27293 Via Capri 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. )Rail, 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 Nothwithstanding 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. 11 (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 one (1) year's salary and benefits, including any additional compensation or benefits provided for services rendered in accordance with Section 2(c) and/or other provisions of this Agreement. In addition, any obligations of EMPLOYEE, financial or otherwise, to EMPLOYER are likewise terminated. Notwithstanding any agreement 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 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. 7 0 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 written above. ATTEST: City Clerl CITY OF SAN JUAN CAPISTRANO A Municipal Corporation EMPLOYER EMPLOYEE z j � � Z, 2 iJ tephen B. Julian, y Manager 8 AGENDA ITEM TO: Honorable Mayor and City Council FROM: Stephen B. Julian, City Manager February 20, 1990 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 Myers, Milias, Brown Act. The agreement, as you are aware is essentially the same agreement as previously entered into between the City and the City Manager, and in general sets forth the terms and conditions of employment agreed upon by the parties. The agreement provides for five and one half (5-1/2) year term commencing January 1, 1990 and running through July 1, 1995. The agreement addresses a variety of terms and conditions of employment, the majority of which remain unchanged including the provision that restricts outside employment without the consent of the Council. The agreement also provides for comprehensive annual leave in lieu of vacation, sick leave and holidays. The agreement continues to provide that the salary of the City Manager is to be set by the City Council as required by the Municipal Code. No salary increase is requested at this time. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The adopted budget provides sufficient funding for the agreement. ALTERNATE ACTIONS: 1. Approve the agreement. 2. Request additional information from staff. 3. Continue discussions with the City Manager. FOR CITY COUNCIL A4�,- P/4 0 i Agenda Item -2- February 20, 1990 RECOMMENDATION: Approve the employment agreement between the City and the City Manager. Respectfully submitted, i Stephen B. Julian SBJ:dh Attachment 0 0 SEPTEMBER 28, 1992 SPECIAL MEETING OF THE CITY COUNCEL OF THE CITY OF SAN JUAN CAPMRANO, CALIFORNIA The Special Meeting of the City Council of the City of San Juan Capistrano, California, was called to order at by Mayor Jones at 8:08 a.m., in the City Council Chamber to convene a Closed Session to discuss personnel matters, pursuant to Government Code Sections 54957 and 54957.6. ROLL CALL PRESENT: Gil Jones, Mayor Kenneth E. Friess, Mayor pro tem (arrived at 8:10 a.m.) Jerry Harris, Councilman Gary L. Hausdorfer, Councilman Jeff Vasquez, Councilman ABSENT: None STAFF PRESENT: Richard K. Denhalter, City Attorney; Cheryl Johnson, City Clerk. CLOSED SESSION Council recessed to Closed Session at 8:08 a.m., to discuss personnel matters pursuant to Government Code Sections 54957 and 54957.6, the City Clerk being excused therefrom, and reconvened at 8:57 a.m. COUNCIL ACTIONS Findina of Need to Take Action: I It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to find that there was a necessity to take action on this item and to place in on the Agenda. Termination of Contract: It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried that: (1) the City Council consider the contract with Stephen B. Julian and his employment as City Manager to be terminated effective October 15, 1992; (2) that he be suspended from duties immediately and placed on paid leave of absence until the termination effective date; and (3) that George Scarborough, Assistant City Manager, be placed as the interim City Manager at this time. CLOSED SESSION Council again recessed to Closed Session at 9:00 a.m., to discuss personnel matters pursuant to Government Code Sections 54957 and 54957.6, the City Clerk being excused therefrom, and reconvened at 10:04 a.m. -1- 9/28/92 • 0 I • OF • ►T: <C7 - SACARAMA AREA STORM•CONSTRUCTION) 00,3 As set forth in the Report dated October 6, 1992, from the Director of Engineering and Building, the contract for the Sacarama Area Storm Drain was awarded to the lowest responsible bidder, Seven C's Construction, in the amount of 594,415. The minor bid irregularity was waived, and all other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 11. APPROVAL OF CONSULTANT SERVICES AGREEMENT. CUSTOM PROGRAMMING HOURS IMMI FINANCE SYSTEM) (600.30) As set forth in the Report dated October 6, 1992, from the Director of Administrative Services, the Consulting Agreement with MMI, Inc. for 101 custom programming hours for ongoing alterations and upgrades to finance, budget, and business license computer functions was approved for a not -to -exceed amount of $7,575. The Mayor was authorized to execute the Agreement on behalf of the City, 12. DENIAL OF CLAIM - PROPERTY DAMAGE (MARIE TONIM) (170 10) The claim received by the City on September 9, 1992, from Marie Tonini in the amount of $118.53 for property damage, was denied, as set forth in the Report dated October 6, 1992, from the City Attorney. 13. RESOLUTION RATIFYING TERMIN740.10)It. co. s0 As set forth in the Report dated October 6, 1992, from the City Attorney, the fo owing Resolution was adopted ratifying the termination of Stephen B. Julian effective October 15, 1992: RESOLUTION NO 92-10-6-1 RAIMIN . TERMINATION OF STEPHEN BJULIAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RATIFYING TERMINATION OF CONTRACT WITH CITY MANAGER STEPHEN B. JULIAN PUBLIC HEARINGS K•I►`(1 �SIfL•I►C• u • a i1411C.11ine • . 1 •KIFOIX-M.W3KA PT 140 rM •._t t •.t t t 705L Councilman Vasquez advised he would abstain from voting on this item. Pro Consideration of modifications to the City Council's August 18, 1992, approvals for Plaza de las Golondrinas for General Plan Amendment 92.02, Rezone 91.04, and Tentative Parcel Map 92-175. 9DD8cant/3SOQerty Owner: Equitrust 400 Beaninghoff Law Building 31411 Camino Capistrano San Juan Capistrano, CA 92675 10/6/92 AGENDA ITEM 0 • October 6, 1992 TO: Board of Directors of the San Juan Capistrano Community Redevelopment Agency, and Honorable Mayor and City Council FROM: Richard K. Denhalter, City Attorney SUBJECT: Resolution Ratifying Termination of Stephen B. Julian At City Council direction, this item is placed on the routine agenda to satisfy any technicalities which may arise from operation of Municipal Code Section 2-5.212. RKD:ef FOR CITY COUNCIL AGENDA!.!.`. RESOLUTION NO. 92-10-6-1 RATIFYING TERMINATION OF STEPHEN B. JULIAN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RATIFYING TERMINATION OF CONTRACT WITH CITY MANAGER STEPHEN B. JULIAN WHEREAS, on September 28, 1992, the City Council met in special session at 8:00 a.m., and upon motion made and seconded terminated the employment of Stephen B. Julian as City Manager; and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano as follows: The contract with Stephen B. Julian and his employment as City Manager of San Juan Capistrano is terminated effective October 15, 1992, and he is suspended from duty immediately and placed on paid leave of absence until the termination becomes effective. 2. The action taken in a Special Meeting of the City Council on September 28, 1992, terminating employment of Stephen B. Julian, as set forth in Item #1 above, is hereby ratified by the City Council. 3. The appointment and employment of Stephen B. Julian as Executive Director of the San Juan Capistrano Community Redevelopment Agency is terminated effective October 15, 1992,, and he is suspended from duty immediately and placed on paid leave of absence until the termination becomes effective. PASSED, APPROVED, AND ADOPTED this 6th day of October , 1992. �_�IL JONES, YOR ATTEST: -1- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN-CAPISTRANO ) I, CHERYL JOHNSON, 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. 92-10-6-1 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 6th day Of nrtnher , 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer, Harris, Vasquez, and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) C2hy-cic �hC lt/X/2'C%� _ CHERYL JOHNSON, IT CLE K — -2- Medo(l* R E L E A S E C i t y o f S a n J u a n C a p i s t r a n o Today, September 28, 1992, after meeting in personnel session, the City Council of San Juan Capistrano publicly voted to terminate the employment of Stephen B. Julian. Mr Julian has served as the City Manager since 1981. The Council expressed the need for new leadership in this key position. The Council stated that they took the action with regret, but felt that the time for change had arrived. According to the Council, the action was taken at this time to allow the newly constituted Council that will be seated in December to select a replacement for City Manager. Mr. Julian has-been placed an paid administrative leave pursuant to city code until the effective date of termination,,which is October 15, 1992. As-sistant City Manager George Scarborough will serve as inteiim City Manager until a replacement is appointed. 32400 Paseo Adelanto San Juan Capistrano CA 92675 IBNp r. m 0 FR ENDS OF RIC BAN JUAN C��O YosOTaa 1646 ew Juan Capista , California 62693 February 20, 1990 ",-A J ORAL COMMUNICATION: READ JOINTLY INTO COUNCIL i CRA RECORDS City Council City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Good Evening Mr. Mayor and Members of the City Council: The Friends of Historic San Juan Capistrano organization wishes to express its concern over the renewal of City Manager Steve Julian's contract. This should come as no surprise to anyone who has witnessed our two year struggle to gain entry into the process of downtown redevelopment. Ever since the creation of the master plan for downtown redevelopment, and the 1984 Historic Town Center plan in particular, Mr. Julian's snubbing of alternative viewpoint's and legitimate requests for notices and documents has been pervasive. His exclusion of opposing viewpoints concerning the redevelopment of the town's plaza area, coupled with an underlying intolerance for those who seek due process in the long term planning of our community, has left a degree of bitterness amongst us "non -players." It has only been trough a dialogue with Councilman Ken Friess and Council Secretary Carole Jacklin that we have just this month started to systematically receive the notification and reports necessary to stay abreast of the E1 Camino Real archaeological findings and consultant recommendations. Obviously, timely transmittal of documents on these historic cultural discoveries is crucial to adequate representation of the preservationists and public at large. I submit to you that a fair and objective city manager should act as guardian over this process, rather than the shopping mall master plan itself. • 0 Page Two City Council RE: City Mgr. Renewal February 20, 1990 Mr. Mayor, we stand at the threshold of monumental educational opportunity with the proper handling of the El Camino Real discoveries. In one four square block district there exists extensive resource from four periods of the evolution of our area in general, and the Mission pueblo in particular. This unprecedented representation of Man's development in such a small area is in many respects unique to San Juan Capistrano and must receive unprecedented treatment from our leaders of local government. With all due respect, Mr. Mayor and council members, we wonder if Mr. Julian is up to that task. Thank you very much. Sincerely, Mdrk B. Clancey, President Friends of Historic San Juan Capistrano 0 0 MEMORANDUM TO Stephen B. Julian, City Manager FROM: Mary Ann Hanover, City Clerk DATE: February 28, 1990 SUBJECT: Employment Agreement Your employment agreement for the five-year period ending July 1, 1995, has provisions in Section 3(b) that will need to be met as soon as possible. (1) Receipt of a copy of your automobile liability insurance policy; and, (2) Execution of an agreement holding the City harmless for any liability resulting from the use of your automobile in the performance of your duties. I look forward to receiving these documents from you shortly. Thanks. N � �j MAH/cj CITY MANAGER 1. MID -YEAR BUDGET (330.20) Written Communication: Report dated February 20, 1990, from the Assistant City Manager, regarding the mid -year budget review, recommending that $128,500 and $34,700 be appropriated from the General Fund Reserve Account and Internal Service Fund Reserve Account, respectively, in order to provide sufficient funding to accomplish the increased programs and service levels not included in the original budget for fiscal year 1989-90. Approval of Appropriations: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried to approve the transfers of $128,500 from the General Fund Reserve Account and $34,700 from the Internal Service Fund Reserve Account. The Director of Administrative Services was directed to transfer the funds to the appropriate accounts. �? RENEWAL OF EMPLOYMENT AGREEMENT - CITY MANAGER (600.30) Written Communication: Report dated February 20, 1990, from the City Manager, forwarding the employment agreement between the City and the City Manager, commencing January 1, 1990, and running through July 1, 1995. Renewal of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried that the employment agreement be approved between the City and the City Manager for the period January 1, 1990, through July 1, 1995. CITY ATTORNEY 1. REPEAL OF MUNICIPAL CODE SECTION 2-4.103(b) - CAMPAIGN CONTRIBUTIONS RELATING TO BALLOT MEASURES (630.20) Written Communication: Report dated February 20, 1990, from the City Attorney, recommending that the subject Code section be amended to remove limitations on campaign contributions affecting ballot measures, based on the United States Supreme Court decision in Citizens Against Control vs. City of Berkeley. Currently the limitations are $100 for individual contributions with respect to campaigns for election of candidates and ballot measures and $200 for anonymous contributions. Limitations on contributions to candidates will remain in place. -7- 2/20/90 FRIENDS OF H4WRIC SAN JUAN CAPLIPRANO Port Office Box 1646 San Juan Capistrano, California 92683 February 20, 1990 /&- c :Z ORAL COMMUNICATION: READ JOINTLY INTO COUNCIL & CRA RECORDS City Council City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 �f. c :Vj: Good Evening Mr. Mayor and Members of the City Council: The Friends of Historic San Juan Capistrano organization wishes to express its concern over the renewal of City Manager Sieve Julian's contract. This should come as no surprise to anyone who has witnessed our two year struggle to gain entry into the process of downtown redevelopment. Ever since the creation of the master plan for downtown redevelopment, and the 1984 Historic Town Center plan in particular, Mr. Julian's snubbing of alternative viewpoint's and legitimate requests for notices and documents has been pervasive. His exclusion of opposing viewpoints concerning the redevelopment of the town's plaza area, coupled with an underlying intolerance for those who seek due process in the long term planning of our community, has left a degree of bitterness amongst us "non -players." It has only been trough a dialogue with Councilman Ren Friess and Council Secretary Carole Jacklin that we have just this month started to systematically receive the notification and reports necessary to stay abreast of the El Camino Real archaeological findings and consultant recommendations. Obviously, timely transmittal of documents on these historic cultural discoveries is crucial to adequate representation of the preservationists and public at large. I submit to you that a fair and objective city manager should act as guardian over this process, rather than the shopping mall master plan itself. 0 0 Page Two City Council RE: City Mgr. Renewal February 20, 1990 Mr. Mayor, we stand at the threshold of monumental educational opportunity with the proper handling of the E1 Camino Real discoveries. In one four square block district there exists extensive resource from four periods of the evolution of our area in general, and the Mission pueblo in particular. This unprecedented representation of Man's development in such a small area is in many respects unique to San Juan Capistrano and must receive unprecedented treatment from our leaders of local government. With all due respect, Mr. Mayor and council members, we wonder if Mr. Julian is up to that task. Thank you very much. Sincerely, MArk B. Clancey, President Friends of Historic San Juan Capistrano