HomeMy WebLinkAboutDavid Kiff - 2019-06-10APPPOV67) to - O
City of Huntington Beach
File #: 19-691 MEETING DATE: 6/17/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Dave Kiff, Interim City Manager
PREPARED BY: Michele Warren, Director of Human Resources
Subject:
Adopt Resolution No. 2019-44 appointing David Kiff as Interim City Manager and approving
the Employment Agreement
Statement of Issue:
The City is in the process of conducting a nationwide recruitment to fill the City Manager vacancy
created by former long-term City Manager Fred A. Wilson's retirement on May 10, 2019. On June 7,
2019, former Interim City Manager Lori Ann Farrell -Harrison departed City service to become the City
Manager of Costa Mesa. On May 20, 2019, the City Council appointed David Kiff as Interim City
Manager until the nationwide recruitment process concludes.
Financial Impact:
No fiscal impact.
Recommended Action:
A) Adopt Resolution No. 2019-44, "A Resolution of the City Council of the City of Huntington Beach
Appointing David Kiff as Interim City Manager;" and,
B) Approve and authorize the Mayor to execute the "Employment Agreement Between the City of
Huntington Beach and David Kiff."
Alternative Action(s):
Do not Adopt Resolution No. 2019-44 and do not approve the Employment Agreement and direct
Staff to present an alternative solution
Analysis:
City Manager Fred A. Wilson retired from City service on May 10, 2019. The City is in the process of
conducting a nationwide recruitment to fill the position. Lori Ann Farrell -Harrison served as the
City of Huntington Beach Page 1 of 2 Printed on 6/12/2019
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File #: 19-691 MEETING DATE: 6/17/2019
Acting/Interim City Manager through June 7, 2019, until her departure from Huntington Beach to
become the City Manager of the City of Costa Mesa. On May 20, 2019, the City Council approved
the appointment of David Kiff to serve as the Interim City Manager until the City Council concludes
the ongoing national recruitment to fill the vacancy. The adoption of Resolution No. 2019-44 and the
execution of the employment agreement is required by CaIPERS for employment of retired
annuitants at the Department Head/Executive level pursuant to Government Code Section 21221(h).
In May, 2019, the Office of Human Resources commenced a national recruitment for the vacant City
Manager position. It is anticipated that the position will be filled by late August or early September
2019.
Council appointed David Kiff to fill the interim assignment until the recruitment is concluded
subsequent to the department of Ms. Farrell -Harrison. Mr. Kiff recently served as Interim Executive
Director of the Association of Cities and Counties -Orange County (ACC-OC). Mr. Kiff served as the
City Manager of the City of Newport beach for nine (9) years. Prior to his service to Newport Beach,
Mr. Kiff has held a variety of Executive -Level assignments including, Assistant to the City Manager in
the City of Organ, Executive Assistant to the Orange County Board of Supervisors, staff consultant to
the California State Senate, service as a California State Senate Fellow as well as service for the
California Governor's Office of Community Relations.
Mr. Kiff holds a Master of Government Administration from the University of Pennsylvania and a
Bachelor of Science in Business Administration from California State University - Sacramento. Mr.
Kiff has served on a variety of affiliated professional boards and commissions including, Orange
County City Managers Association, Orange County Commission to End Homelessness, OC Housing
Finance Trust, League of Cities' City Manager's Task Force on Pension Reform, League of Cities'
Committee on Human Resources and Labor Relations.
The hourly compensation for the position of City Manager is $128.29 with no City -provided benefits.
The interim appointment of Mr. Kiff is compliant with California Government Code Section 21221(h).
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Resolution No. 2019-44
2. David Kiff Employment Agreement
3. David Kiff Resume
City of Huntington Beach Page 2 of 2 Printed on 6/12/2019
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Resolution No. 2019-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPOINTING DAVID KIFF AS INTERIM CITY MANAGER
WHEREAS, Government Code Section 2122.1(h) of the Public Employees' Retirement
Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring
specialized skills during recruitment for, a permanent appointment, and provides that such
appointment will not subject the retired person to reinstatement from retirement or loss of
benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the City Council of the City of Huntington Beach desires to appoint David.
Kiff as an Interim appointment retired annuitant to the vacant position of City Manager for the
City of Huntington Beach under Government Code Section 21221(h), effective June 10, 2019;
and
WHEREAS, the City Council of the City of Huntington Beach, and David Kiff certify
that David Kiff has not and will not receive a Golden Handshake or any other retirement -related
incentive; and
WHEREAS, an appointment under Government Code Section 21221(h) requires the
retiree is appointed into the interim appointment during recruitment for a permanent
appointment; and
WHEREAS, the governing body has authorized, the search for a pem--ianent appointment
on May 10, 2019, and
WHEREAS, this Government Code Section 21221(h) appointment shall only be made
once and therefore will end on the pay period end date immediately preceding the beginning of
the pay period of appointment of the permanent appointment, or by not later than December 13,
2019, whichever is earlier; and
WHEREAS, the entire employment agreement, contract or appointment document
between David Kiff and the City of Huntington Beach has been reviewed by this body and is
attached herein; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor
exceed the maximum monthly base salary paid to other employees performing comparable
duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum monthly base salary for this position is $22,236.93 and the hourly
equivalent is $128.29; the minimum monthly base salary for this position is $21,264.53 and the
hourly equivalent is $122.68; and
WHEREAS, the hourly rate paid to David Kiff will be $128.29 and
Resolution No. 2019-44
WHEREAS, David Kiff has not and will not receive any other benefit, incentive,
compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate;
and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Huntington Beach hereby certifies the nature of she employment of David Kiff as described
herein and detailed in the attached employment agreement/contract/appointment document and
that this appointment is necessary to fill the critically needed position of City Manager for the
City of Huntington Beach by June 10, 2019, because the City of Huntington Beach requires
experienced administrative, managerial, and fiscai oversight at the Executive level of its more
than 1500 full and part time staff and $300 M budget (all funds) for FY 2019-20.
PASSED AND ADOPTEDby the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17. th day of June , 2019.
19-7702/205469
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APPROVED AS-YO FORM:
Attorney tkkv
INITIATED AND APPROVED:
2
of Human Resources
Res. No. 2019-44
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on June 17, 2019 by the following vote:
AYES:
Carr, Semeta, Peterson, Posey, Delgleize, Hardy
NOES:
None
ABSENT:
Brenden
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND DAVID KIFF
THIS AGREEMENT is entered into this 10 day of June , 2019, between
the City of Huntington Beach, a California municipal corporation, subsequently called "City," and
David Kiff, subsequently called "Kiff."
RECITALS
The City Council may, appoint an Interim City Manager to assist the City, at such salaries
or compensation as the Council may by ordinance or resolution prescribe; and
The City, through the City Council, desires to employ the services of Kiff as an Interim
City Manager of the City of Huntington Beach; and
It is the desire of the City to provide certain compensation, establish certain conditions of
employment, and to set working conditions of Kiff; and
It is the desire of the City to:
(1) Secure and retain the services of Kiff and to provide inducement for him to remain
in such employment; and
(2) To provide a means for terminating Kiff s service at such time as he may be unable
fully to discharge his duties or when City may otherwise desire to terminate his employ; and
By entering this Agreement, he desires to accept employment as an Interim City Manager
of the City.
NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties
agree as follows:
SECTION 1. DUTIES.
City agrees to employ Kiff as an Interim City Manager of the City to perform the functions
and duties of that office including under City Council direction, providing management oversight
in directing the activities and operations of the City as further set forth in the Class Specification
of City Manager attached hereto as Exhibit "A," the Municipal Code of the City of Huntington
Beach and the City Charter, and to perform other legally permissible duties and functions as City
19-7702/205504
Manager as the City Council shall from time to time assign. Kiff shall devote his full attention
and effort to the office and perform the mentioned duties and functions in a professional manner.
SECTION 2. STATUS AND TERM.
(a) Kiff shall serve for a definite term at the pleasure of the City Council and shall be
considered an at -will employee of the City in the capacity of retired annuitant, commencing upon
execution of this agreement and adoption of Resolution No. 2019-44.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Council to terminate the employment of Kiff at any time.
(c) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of Kiff to resign at any time from his position with the City.
The term "employed" (and derivations of that term as used in the preceding paragraph)
shall include employment by another legal entity or self-employment. However, shall not be
construed to include occasional teaching, writing, consulting or military reserve service performed
on Kiff s time off, and with the advance approval of the City Council.
SECTION 3. SALARY. City agrees to pay Kiff for his services rendered pursuant to this
Agreement at Non -Associated Range NA0591, $128.29 per hour, of the City's classification and
compensation plan or resolutions or ordinances from time -to -time enacted that govern such
compensation for the position of City Manager.
SECTION 4. OTHER BENEFITS.
(a) Kiff shall receive no benefits other than his hourly salary.
SECTION 5. TERMINATION.
(a) The City Council may terminate the employment of Kiff at any time without
advance notice, without just cause, and without payment of severance for;
(i) a willful breach of this Agreement or the willful and repeated neglect by
Kiff to perform duties that he is required to perform;
(ii) conviction of any criminal act relating to employment with City;
(iii) conviction of a felony.
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(c) Subsequently, the decision of the City Council as to whether reasons set forth in
Section (a)(i-iii) exist or do not exist shall be final as between the parties.
(e) In the event Kiff voluntarily resigns, Kiff shall give the City seven (7)
calendar days written notice prior to the last workday, unless the City Council and Kiff otherwise
agree.
(f) It is understood that after notice of termination in any form, Kiff and the City will
cooperate to provide for an orderly transition.
SECTION 6. FINANCIAL DISCLOSURE.
(a) Kiff shall report to the City any ownership interest in real property within the
County of Orange, excluding personal residence. Also, Kiff shall report to the City any financial
interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or
from which the City intends to make a purchase. Such reporting shall be made in writing by Kiff
to the City within ten (10) calendar days of the execution of this Agreement and, further, within
ten (10) calendar days of acquisition of that interest in real property. Additionally, Kiff shall report
in writing to the City any financial interest greater than Ten Thousand Dollars ($10,000) in value
in a firm doing work for the City or from whom the City intends to make a purchase immediately
upon notice of the intended work or purchase.
(b) In addition, Kiff shall annually complete and file a Form 700 Statement of
Economic Interest with the City Clerk.
SECTION 7. INDEMNIFICATION.
City shall defend and indemnify Kiff against any action, including but not limited to any: tort,
professional liability claim or demand, or other noncriminal legal, equitable or administrative action,
whether groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of Kiff s duties as an employee or officer of City, other than an action brought by City
against Kiff, or an action filed against City by Kiff. In addition, the City shall reimburse Kiff
documented reasonable expenses for the travel, lodging, meals, of Kiff should Kiff be subject to such,
should an action be pending after termination of Kiff. City shall be responsible for and have authority
to compromise and settle any action, with prior consultation with Kiff, and pay the amount of any
settlement or judgment rendered on that action. Kiff shall cooperate fully with City in the settlement,
compromise, preparation of the defense, or trial of any such action.
19-7702/205504 3
SECTION 8. GENERAL PROVISIONS.
(a) The text herein, including recitals, shall constitute the entire Agreement between
the parties.
(b) This Agreement shall become effective upon the adoption of Resolution No. 2019-
44.
(c) If any provision, or any portion of any provision, contained in this Agreement is
held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion
of it, shall be deemed severable, shall not be affected and shall remain in full force and effect.
(d) No amendment of this Agreement shall be effective unless in writing and signed by
both parties here.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on
its behalf by City Council, and Kiff has signed and executed this Agreement, both in duplicate, the
day and year first above written.
DAVID KIFF: CITY OF HUNTINGTON BEACH
Z— :-�
or
19-7702/205504 4
DAVID A. KIFF
EXPERIENCE:
SEPTEMBER 2018 TO MAY 2019 (est)
INTERIM EXECUTIVE DIRECTOR, ASSOCIATION OF CA CITIES — ORANGE COUNTY
Filled a gap between executive directors for this small non-profit that consists of member cities who
collectively work on legislative advocacy, municipal training and education, and networking. Served a
board of 15 elected local officials. Key focus was helping start up the Orange County Housing Finance
Trust (County of Orange plus all of OC cities eligible) to help fund homelessness solutions and new
supportive housing units. I am now assisting in hiring my replacement.
AUGUST 2009 TO AUGUST 2018
CITY MANAGER, CITY OF NEWPORT BEACH, CA
I started work at the City of Newport Beach in January 1998, and served as City Manager from 2009 to
2018. We weathered the Great Recession via restructuring and always had a balanced budget. The
City's budget is about $300M/year with about 725 full-time staff, including police, fire/EMS, IT, building
and planning, lifeguards, public works, library, parks and recreation, senior services, human resources,
finance and admin, water and wastewater utility, harbor, and even oil wells.
Before Newport Beach, I was Assistant to the City Manager in Orange, CA (1996-1998), an Executive
Assistant to the Orange County Board of Supervisors (1994-1996), a staff consultant to the California
State Senate Committee on Local Government (1989-1993), a California State Senate Fellow (1988-
89), and worked for the CA Governor's Office of Community Relations (1988),
EDUCATION:
MAY 1994
MASTER OF GOVERNMENT ADMINISTRATION, FELS SCHOOL OF MANAGEMENT, UNIVERSITY OF
PENNSYLVANIA, Philadelphia PA, Fels Scholarship
MAY 1988
BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, CSU SACRAMENTO
Public management specialty
PROFESSIONAL ACTIVITIES:
• Orange County City Managers Association —
President 2017-18, Vice -President 2016-17
® Orange County Commission to End
Homelessness (representing OC's city managers
— 2015-2018)
® OC Housing Finance Trust establishment
working group (Nov 2018 — current)
® OC Point in Time Count Volunteer — 2015, 2017
League of CA Cities' CMs Task Force on
Pension Reform (2017)
League of CA Cities Committee on HR and
Labor Relations (2014-15)
Administrative Hearing Officer (2018-
current)
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MORE ABOUT ME:
At the end of August 2018, 1 officially retired from permanent city manager life, but municipal
governments' issues are still interesting and challenging to me.
I think I bring these skills to the table:
• An ability to understand the politics and political needs of elected officials as well as the role of staff,
but also an ability to understand what needs to be done to make or keep an organization successful.
• The analytical and research skills to recommend achievable and understandable solutions, even to
very challenging issues.
• Specific and direct knowledge (from a city manager's perspective) of financial issues, budget
reduction strategies, pension strategies, housing and homelessness solutions, airport issues, water
quality, annexations, Coastal Commission issues, beach city issues and more.
• Good writing skills, strong editing skills, and solid presentation skills.
• An ability to stay friendly, optimistic, calm and empathetic in nearly all situations.
• An ability to be candid and direct as to problems and solutions but in a nice way.
• A respect and admiration for (and understanding of) the Council —Manager form of government.
• Honesty, integrity, and transparency.
• An ability to work either as a Team Member or a Team Leader, sometimes within the same team
when needed.
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