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.
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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
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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
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
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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