HomeMy WebLinkAboutCity Council - 2023-33 RESOLUTION NO. 2023 -33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPOINTING MARK D. ALVARADO AS INTERIM CHIEF FINANCIAL OFFICER
WHEREAS, Government Code Section 21221(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 Mark D.
Alvarado as an Interim appointment retired annuitant to the vacant position of Chief Financial
Officer for the City of Huntington Beach under Government Code 21221(h), effective July 3,
2023; 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 permanent appointment
on Mark D. Alvarado, 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 the permanent appointment, or by not later than July 3, 2024, whichever is earlier;
and
WHEREAS, the entire employment agreement, contract or appointment document
between Mark D. Alvarado 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 $18,724.84 and the
hourly equivalent is$108.03;the minimum monthly base salary for this position is$13,972.13 and
the hourly equivalent is$80.61; and
WHEREAS,the hourly rate paid to Mark D. Alvarado will be $108.03; and
WHEREAS, Mark D. Alvarado 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
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RESOLUTION NO. 2023-33
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Huntington Beach hereby certifies the nature of the employment of Mark D. Alvarado 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 Chief Financial Officer
for the City of Huntington Beach by Mark D. Alvarado, because the City of Huntington Beach
requires experienced Financial oversight at the department head level for the Finance Department
serving a full service organization consisting of eleven departments and approximately 1,500 full
time and part time employees.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
special meeting thereof held on the 26titlay of July 2023.
Mayor
ED D APPRO D: APPROVED AS O FORM:
City Manag Cit Attorney
INITIATED AND APPROVED:
CAssistant City Manage
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NOTE TO FILE
The attached agreement was not executed due to the appointment of
Sunny Han as Chief Financial by City Council action effective
July 18, 2023.
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EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND MARK D. ALVARADO
THIS AGREEMENT is entered into this 3`d day of July 2023, between e City of
Huntington Beach, a Charter City and California municipal corporation ("City' and Mark D.
Alvarado, ("Alvarado.")
RECITALS
The City Manager may, appoint an Interim Chief Financ.- Officer to assist the City, at
such salaries or compensation as the Council may by ordinanc= or resolution prescribe; and
The City desires to temporarily employ the servi•es of Alvarado as an Interim Chief
Financial Officer of the City of Huntington Beach; and
It is the desire of the City to provide certain •I mpensation, establish certain conditions of
employment, and to set working conditions of Al arado; and
It is the desire of the City to:
(1) Secure and retain the servic; of Alvarado on a temporary basis as set forth herein,
and to provide inducement for him to re ain in such employment; and
(2) To provide a means f• terminating Alvarado's service at such time as he may be
unable fully to discharge his du 'es, the law requires, or when City may otherwise desire to
terminate his employ; and
By entering this Ag ement, Alvarado desires to accept employment as an Interim Chief
Financial Officer of the .ty.
NOW,THE' FORE, in consideration of the mutual covenants here contained,the parties
agree as follows.
SE r TION 1. DUTIES. City agrees to employ Alvarado as an Interim Chief Financial
Officer .f the City to perform the functions and duties of that office including under City
Man. :er's direction, generally providing department management and oversight as further set
fo in the Class Specification of Chief Financial Officer attached hereto as Exhibit "A," the
unicipal Code of the City of Huntington Beach and the City Charter,and to perform other legally
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permissible duties and functions as Chief Financial Officer as the City Manager shall from ' e to
time assign. Alvarado shall devote his full attention and effort to the office and p; form the
mentioned duties and functions in a professional manner.
SECTION 2. STATUS AND TERM.
(a) Alvarado shall serve for a definite term of one year comma cing July 3, 2023, and
ending on the pay period end date immediately preceding the beginning of the pay period of the
permanent appointment,or by not later than July 3,2024(Temporary Basis). Notwithstanding the
Term of Employment, Alvarado shall serve at the pleasure of/the City Manager and shall be
considered an at-will employee of the City in the capacity of/etired annuitant, in compliance with
all requirements and limitations as listed in Government CAde Sections 7522.56 and 21221(h),and
any other relevant provisions of law, commencing upon execution of this agreement, and not to
exceed a term of one (1) year. Alvarado's total ,work hours from the effective date of this
Agreement through July 3, 2024 shall not exceed nine hundred sixty (960) hours per fiscal year,
unless mutually agreed-to by the City Manager and Alvarado.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Manager to terminate the employment of Alvarado at any time.
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(c) Alvarado may resign any time from his position with the City as provided herein.
The term "employed" (and/lerivations of that term as used in the preceding paragraph)
shall include employment by other legal entity or self-employment. However, shall not be
construed to include occasions teaching,writing,consulting or military reserve service performed
on Alvarado's time off, ancOvith the advance approval of the City Manager.
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SECTION 3. ALARY. City agrees to pay Alvarado for his services rendered pursuant
to this Agreement Non-Associated Range NA0269, at $108.03 per hour(hourly salary), of the
City's classificati n and compensation plan or resolutions or ordinances from time-to-time enacted
that govern su compensation for the position of Chief Financial Officer.
CTION 4. OTHER BENEFITS. Alvarado shall receive no benefits other than his
hourl salary.
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SECTION 5. TERMINATION.
(a) The City Manager may terminate the employment of Alvarado at any time ' out
advance notice, without just cause, and without payment of severance.
(b) In the event Alvarado voluntarily resigns, Alvarado shall give the e ity seven (7)
calendar days written notice prior to the last workday, unless the City Man.:er and Alvarado
otherwise agree.
(c) It is understood that after notice of termination in any fo I, Alvarado and the City
will cooperate to provide for an orderly transition.
SECTION 6. FINANCIAL DISCLOSURE.
(a) Alvarado shall follow all State laws in uding the Political Reform Act. In
furtherance thereof,Alvarado shall report to the City ar ownership interest in real property within
the County of Orange, excluding personal residen Such reporting shall be made in writing by
Alvarado to the City within ten(10)calendar da of the execution of this Agreement and,further,
within ten(10)calendar days of acquisition o that interest in real property.Additionally,Alvarado
shall report in writing to the City any inancial interest greater than Ten Thousand Dollars
($10,000) in value in a firm doing w. for the City or from whom the City intends to make a
purchase immediately upon receipt •f notice by Alvarado of the intended work or purchase.
(b) In addition, Alva•.do shall annually complete and file a Form 700 Statement of
Economic Interest with the C. Clerk.
SECTION 7. NDEMNIFICATION. City shall defend and indemnify Alvarado any
action, including bu not limited to any: tort, professional liability claim or demand, or other
noncriminal legal, quitable or administrative action,whether groundless or otherwise, arising out of
an alleged act or .mission occurring in the performance of Alvarado's duties as an employee or officer
of City, othe• than an action brought by City against Alvarado, or an action filed against City by
Alvarado. n addition, the City shall reimburse Alvarado documented reasonable expenses for the
travel, l.dging, meals, of Alvarado should Alvarado be subject to such, should an action be pending
after ermination of Alvarado. City shall be responsible for and have authority to compromise and
se e any action, with prior consultation with Alvarado, and pay the amount of any settlement or
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judgment rendered on that action. Alvarado shall cooperate fully with City in the settl- ent,
compromise, preparation of the defense,or trial of any such action.
SECTION S. GENERAL PROVISIONS.
(a) The text herein, including recitals, shall constitute the entire A_ cement between
the parties.
(b) This Agreement shall become effective upon execution of uis agreement.
(c) If any provision, or any portion of any provision, con ,fined in this Agreement is
held unconstitutional, invalid, or unenforceable, the remainder oft is Agreement, or any portion
of it, shall be deemed severable, shall not be affected and shall r•main in full force and effect.
(d) No amendment of this Agreement shall be eff• tive unless in writing and signed by
both parties here.
TN WITNESS WHEREOF, City has caused is Agreement to be signed and executed on
its behalf by City Council, and Alvarado has signed and executed this Agreement, both in
duplicate, the'day and year first above writtet .
MARK D. ALVARADO
APPROVED A ' FORM:
City Manager Cit Attorney
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Res. No. 2023-33, ;
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
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was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at an adjourned regular meeting thereof held.
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on June 26, 2023 by the following vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
NOES: None
ABSENT: None .
ABSTAIN: None
(41.4k, edkieutt-40
City Clerk and ex-officio Clerk of the
City Council of the City,of
Huntington Beach, California
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