HomeMy WebLinkAboutCity Council - 1348 RESOLUTION NO. 148
PERSONNEL SYSTEM RULES AND REGULATIONS
OF THE CITY OF HUNTINGTON BEACH.
WHEREAS, the Administrative Officer shall
draft, subject to approval of the City Council, such
rules, procedures, and forms necessary for the admini-
stration of Chapter 15 of the Huntington Beach Ordinance
Code and in accordance with Section 1556 - Promulgation.
of Rules - of the Htmtington Beach Ordinance Code; now,
therefore be it
RESOLVED, that the City Council of the City
of Huntington Beach does hereby adopt the following rules;
excepting therefrom elected officials and personnel under
the supervision of the Recreation Commission, Library
Board of Trustees and the Police Department, The Chief
of Police, however, may request adoption of the rules for
the Police Department by approval of the City Council:
RULE 1 - A
The objectives of these rules are to facilitate
efficient and economical services to the public and to
provide for a fair and equitable system of personnel
management in the Municipal, Government,
These rules set forth in detail those procedures
s
which insure similar treatment for those who compete for
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Reso# 1348
original employment and promotion, and define the
obligations, rights, privileges, benefits and prohibi-
tions which are placed upon all employees in the Com-
petitive Service of the City.
At the same time, within the limits of admini-
strative feasibility, recognition shall be given to the
fact that individuals differ, that no two individuals
react alike to reward and discipline or to uniform
motivation and encouragement. For this reason, con-
siderable latitude shall be given to the Personnel Officer
in the execution of his duties and responsibilities re-
lating to employee morale and discipline.
RULE 1-B Definition of terms
The following terms, whenever used in these
rules, shall be construed as follows:
Section 1. Advancement: A salary increase of one or
more steps within the limits of the pay range established
for a class.
Sec=tion 2. Allocations The assignment of a single
position to its proper class in accordance with the duties
performed, and the authority and responsibilities exercised-*
Section 3. Appointing power: The officers of the City
who, in their individual capacities, or as a board, commis-
sion, or City Council, have the final authority to make
the appointment to the position to be filled,
Section 4 Class: All positions sufficiently similar in
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duties, authority.: responsibility, and working conditions
to permit grouping under a common title and the applica-
tion with equity of common standards of selection, transfer,
promotion' and salary.
Section 5. Competitive Service: The positions and
employments which are included or which may hereafter be
included under the classification plan by ordinance,
Section 6, Demotions The movement of an employee from
one class to another class having a lower maximum rate
of pay or a change in duties which are allocable to a
class having a lower maximum rate of pay.
Section 7,* Eligible. A person whose name is on an
employment list.
Section 8* Em2loyment List: A list of names of persons
who have taken an examination for a class in the competi-
tive service and passed and are ranked on the list in the
order of the score received,
Section 9* Examination:
(a) Assembled examination: An examination
conducted at a specified time and place
at which applicants are required to appear
for competitive examination under the
supervision of an examiner*
(b) Unassembled examination: An examination
consisting of an appraisal of training,
experience, work history, or any other
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means for evaluating other relative
qualifications of applicants without the
necessity for their personnal appearance
at a specified place.
Section 10, Permanent Employee: An employee who has
successfully completed his probationary period and has
been retained as hereafter provided in these rules*
Section 11. Probationary period: A working test period
during which an employee is required to demonstrate his
fitness for the duties to which he is appointed by actual
performance of the duties of the position.
Section 12, 'Promotion: The movement of an employee from
one position to another which is allocated to a class
with a higher maximum rate of pay*
Section 13# Promotional List: An employment list result-
ing from a- promotional examination.
Section 14# Promotional examination: An examination for
a particular class,, admission to the examination being
limited to regular employees in the competitive service,
Section 15, Provisional appointment: An appointment
acquired by a person who possesses the minimum qualifi-
cations established for a particular class and who has
been appointed to a position in that class in the absence
of available eligibles.
Section 16# Reduction: A salary decrease within the
limits of the pay range established for a class,
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Reso. Mo. 1348
section 17, Rejection: The separation of an employee
from the service during his probationary period.
Section 18# us ensign: The temporary separation from
the service of an employee without pay, for disciplinary
purposes*
Section 12# Transfer: A .change of an employee from one
position to another position in the same class or another
class having essentially the same maximum salary limitsp
involving the performance of similar duties and requiring
substantially the same basic qnalificationso
RULE II General Provision
Section 1. Disclosure of religions or political affilia- ,
tions: No question in any text, in any application formt
or in any other personnel proceedings, or of any appoint-
ing authority, shall be so framed as to attempt to elicit
information concerning political or religious opinions or
affiliations of an applicant, eligible, or employee, No
Appointment to or removal from a position in the competi-
tive service shall be affected or influenced in any manner
by any political or religious opinion or affiliation*
Section. 2* Improper political activity: Any person
holding an office or position in the classified service
in the City shall not:
(a) Seek or accept election, nomination, or
appointment as an officer of a political
club. or organization.
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(b) Take an active part in a county or municipal
political campaign, unless it be his own,
(c) Seek signatures to any petition provided
for by law,
(d) Act as a worker at the polls or distribute
badgest pamphletst dodgers, or handbills of
any kind favoring or opposing any candidate
for election or nomination to a county or
city office*
Section 3* Activities not affected* This resolution does
not prevent any officer or employee from:
(a) Becoming or continuing to be a member of a
political club,
(b) Attendance at a political meeting.
(c) Enjoying entire freedom from all interference
in casting his vote,
(d) Seeking or accepting election or appointment
to public office*
(e) Seeking signatures to any initiative or
referendum petition directly affecting his
rates of pay hours of work, retirement or
other working conditions,
(f) Distributing badgest pamphlets, dodgers,
or handbills or other participation in any
campaign in connection with such petition,
if the activity is not carried on during
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4
hours of work, or when he is dressed in
the uniform required in any department of
City government*
Section 4. Solicitation of Contributions: No officer or
employee, under the government of the City, and no candi-
date for any City office shall, directly or indirectly,
solicit or receive, or be in any manner concerned in
soliciting or receiving, any assessment, subscription,
contribution, or political services, whether voluntary
or involuntary, for any political purpose whatsoever,
.from anyone on the employment lists or holding any
position under the provisions of this resolution#
Secti Violation of Rules® Violation of the provi-
sions of any of the personnel rules contained in this
resolution shall be grounds for dismissal, rejection,
or suspension*
Section 6. Personnel Review Committees For the purpose
of handling personnel matters other than those handled
by the City Council, a committee comprising the Admini-
strative Officer, the Personnel. Officer, the Personnel
Committee of the City Council, and the Department head
within whose department the personnel matter is related,
The department head shall be considered as a member of
the committee only in those matters which deal directly
with applicants or employees under his jurisdictions
Section ? Amendment and Revision of the Resolution :
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Reso. No. 1348
Recommendations for amendment and revisions to this
resolution may be made by the Department Heads and sub-
mitted to the Administrative Officer and Personnel Officer
for their consideration, The Administrative Officer and
Personnel Officer may submit recommendations to the City
Council and this resolution may be amended from time to
time by resolutions of the City Council.
RULE III. Applications and Applicants.
Section 1. Announcement: All examinations for classes
in the competitive service shall be published by posting
announcements in the City Hall, on official bulletin
boards and in such other places as the Personnel Officer
deems advisable including at least one newspaper of
general circulation in the City. The announcements shall
specify the title and pay range of the class for which the
examination is announced; the nature of the work to be
performed; preparation desirable for the performance of
the work of the class; the dates, time, place and manner
of making applications; the closing date for receiving
applications; and other pertinent information*
Section 2. Application forms: Application shall be made
.on forms provided by the Personnel Officer, Such forms
shall require information covering training, experience,
and other pertinent information, and may include certifi-
cates of one or more examining physicians, a photograph,
references and finger-printing. All applications must
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be signed by the person applying#
Section 3* Disqualification: The Personnel Officer shall
reject any application which indicates on its face that
the applicant does not pass the minimum qualifications
required for the position, Application also shall be
rejected if the applicant is not a citizen of the United
States, is physically unfit for the performance of duties
of the position to which he seeks appointment, is addicted
to the habitual excessive use of drugs or intoxicating
liquors; has been convicted of a crime involving moral
turpitude; has made any false statement of any material
fact, or practiced, or attempted to practice, any decep-
tion or fraud in his application* Whenever an application
is rejected, notice of such rejection with statement of
reason shall be mailed to the applicant by the Personnel
Officer* Defective applications may be returned to the
applicant with notice to amend the same, provided the
time limit for receiving applications has not expired,
RULE IV. Examinations
Section 1. General nature and types of examinations:
The selection techniques used in the examination process
shall be impartial of a practical nature and shall relate
to those subjects which, in the opinion of the Personnel
Officer, fairly measure the relative capacities of the
persons examined to exec-ate the duties and responsibilities
of the class to which they seek to be appointed*
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R.eso. No. 1348
Examinations shall consist of such recognized
personnel selection techniques as achievement tests,
aptitude tests, evaluation of personality and background
through personal interviews, performance tests, evaluation
of daily work performance, work samples, or physical
agility tests or any combination of them,
Section 2, Conduct of examination: The Personnel Officer
may recommend to the City Council to contract with any
competent agency or individual for the performance by
such agency or individual of the responsibility for
preparing and administering assembled examinations. In
the absence of such a contract, the Personnel Officer
shall perform such duties. The Personnel Officer shall
arrange for the use of public buildings and equipment
for the conduct of examinations and shall render such
assistance as shall be required with respect thereto.
Section 3, Promotional Examinations: As the needs of
the service may require, promotional examinations may
be conducted from time to time an may include evaluation
of prior city service, accomplishments in special training
courses, as well as tests mentioned in Section 1 of this
rule, All candidates for promotion must be permanent
employees in the competitive service and must possess
the minimum qualifications as set forth in the specifi-
cations of the class to which promotion is sought,
RULE V. Em.ploMent Lists
Section 1. Emplonent Lists. As soon as possible after
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Reso. No. 1348
the completion of an examination, the Personnel Officer
shall prepare and keep- available an employment list con-
sisting of the names of applicants who qualified in the
examination, arranged in order of final scores, from
the highest to the lowest qualifying score, The final
score shall be determined by the total of the scores
received by each applicant for each part of the test,
based upon the relative value assigned to each part of
the examination before the examination is given. When-
ever identical ratings are received, names shall be
arranged in order of the application date,
Section 2* Duration of Em-ployZent Lists: Employment and
promotional lists shall become effective upon the approval
thereof by the City Council, and upon the certification
that the list represents the relative ratings of the
persons whose names appear on it. Employment lists shall
remain in effect for one year, and may be extended, prior
to their expiration dates, by action of the City Council
for an additional six months period, but in no event
shall an employment or promotional list remain in 'effect
for more than two years.
Section 3# Re-employment lists: The names of probationary
and permanent employees who have been laid off shall be
placed on appropriate re-employment lists in the order
of their competency; from highest to lowest. Such names
shall remain thereon for a period of two years unless such
Reso, No. 1348
persons are sooner re-employed. When a re-employment
list is to be used to fill vacancies, the Personnel
Officer shall certify from the top of such list the
number of names equal to the number of vacancies to be
filled, and the appointing power shall appoint such
persons to fill the vacancies*
Section 4, Removal of names from lists : The name of
any person appearing on an employment, re-employment or
promotional list shall be removed by the Personnel
Officer if the eligible requests .in writing that his
name be removed, if he fails to respond to a notice of
certification mailed to his last known address, or if
he has been certified for appointment three times and
has not been appointed. The person affected shall be
notified of the removal of his name by a notice mailed
to his last known address# The names of persons on
promotional employment lists who resign from the service
shall automatically be dropped from such lists,
RULE VI. Method of FilliR& Vacancies
Section 1. Types of appointment: All vacancies in the
competitive service shall be filled by re-employment,
transfer, demotion, or from eligible certified by the
Personnel Officer from an appropriate employment or pro-
motional list. In the absence of persons eligible for
appointment in these ways* provisional appointments may
be permitted subject to approval by the appointing
authority.
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Reso. No. 1348
Section 2* 'Notice to Personnel Officers Whenever a
vacancy in the competitive service is to be filled, the
appointing power shall notify the Personnel Officer. The
Personnel Officer shall advise the appointing power as
to the availability of employees for re-employment,
requests for transfers, or demotion and of eligibles on
employment or promotional lists for the class*
Section 3# Certification of eligibles: The appointing
power shall indicate whether it is desired to fill the
vacancy by re-employment, transfer, or demotion or whether
certification from a promotional or employment list is
preferred. If appointment is to be made from an employ-
ment or promotional list, the names of all persons willing
to accept appointment shall be certified in the order in
which they appear on the list.
Section 4* Order of Certification: Whenever certification
is to be made, the employment lists, if each exists, shall
be used in the following order: re-employment list,
promotional list, open-competitive list. Whenever there
are fewer than three names on a promotional list or an
open-competitive list the appointing authority may make
an appointment from such eligibles or may request the
City Council to establish a new list. When so requested
the Personnel Officer shall hold a new examination and
establish a new employment list.
Section 5. Appointment: After interview and investigation,
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Reso. No. 134
the appointing power shall make appointments from among
those certified; and shall immediately notify the Personnel
Officer of the person or persons appointed. The Personnel
Officer shall thereupon notify the person appointed and
if the applicant accepts the appointment and presents
himself for duty within such period of time as the
appointing authority shall prescribe, he shall be deemed
to be appointed; otherwise, he shall be deemed to have
declined the appointment,
Section 6. Provisional appointments In the absence of
appropriate employment lists, a provisional appointment
may be made by the appointing authority of a person
meeting the minimum training and experience qualifications
for the position. .An employment list shall be established
within six months for any permanent position filled by
provisional appointment. The Council may, by a four-fifths
vote,vote, extend the period for any provisional appointment
for not more than thirty days by any one action. When
the position is to be filled by provisional appointment,
or a provisional appointment is to be extended, the
Council shall direct the City Clerk to record such action
in the minutes of the meeting of the Council. No credit
shall be allowed in meeting any qualification or in the
giving of any test or the estab: iehment of any employment
or promotional lists, for service rendered under a
provisional appointment.
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Reso. No. 1348
Section 7# Emergency Appointments: To meet the immediate
requirements of an emergency conditions, such as extra-
ordinary fire, flood, or earthquake which threatens
public life or property, any legally competent officer
or employee may employ such persons as may be needed for
the duration of the emergency without regard to the
personnel rules affecting appointments, As soon there-
after as possible, such appointments shall be reported
to the Personnel Officer#
RULE VII Probationary Period
Section 1. Regular appointment following probational
period: All original and promotional appointments shall
be tentative and subject to a probationary period of not
less than six months except that the City Council may,
by resolution., establish a longer probationary period for
not more than an additional six months, according to
class of position, prior to the time of appointment#
The Personnel Officer shall notify the appointing
authority and the probationer concerned two weeks prior
to the termination of any probationary period. If the
service of the probationary employee has been satisfactory
to the appointing authority, Mien the appointing authority
shall file with the Personnel Officer a statement in
writing to such effect and stating that the retention of
such employee in the service is desired. If such a
statement is not Filed, the employee will be deemed to
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Resod Igo. 1348
be unsatisfactory and his employment terminated at the
expiration of the probationary period. All persons
accepting permanent employment status with the City
shall within 6 months thereafter be a bonafide resident
of the City of Huntington Beach. Failure to do so shall
be grounds for dismissal, from the service of the City,
Any permanent employee moving his residence from the City
shall be dismissed from City service.
Section 2, Objective of 2robationary Period: Thepro—
bationary period shall be regarded as a part of the test—
ing process and shall be utilized for closely observing
the employee's work for securing the most effective
adjustment of a new employee to his position and for
rejecting any probationary employee whose performance
does not meet the required standards of work.
Section 3, Rejection of probationer: During the pro-
bationary period an employee may be rejected at any
time by the appointing power without cause and without
the right of appeal. Notification of rejection in
writing shall be served on the probationer and a copy
filed with the Personnel Officer.
Section 4 Relation following promotion: Any employee
rejected during the probationary period following a
promotional appointment, or at the conclusion of the
probationary period by reason of failure of the appoint—
ing power to file a statement that his services have
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Reso. No.. 1348
been satisfactory, shall be reinstated to the position
from which he was promoted unless charges are filed and
he is discharged in the manner provided in these rules
for positions in the competive service. The appointing
power shall notify the probationer in writing as to
whether his services are satisfactory or unsatisfactory.
RULE VIII. Changes in Em2loMent Status.
Section 1. Transfer: After notice to the Personnel
Officer, an employee may be transferred by the appointing
power at any time from one position to another position
in the same or comparable class. If the transfer involves
a change from the jurisdiction of one supervising official
to another, both must consent thereto unless the City
Council orders the transfer for purposes of economy or
efficiency. Transfer shall not be used to effectuate
a promotion, demotion, advancement, or reduction, each
of which may be accomplished only as provided in the
classification plan and these rules. No person shall be
transferred to a position for which he does not possess
the minimum qualifications.
Section 2, Promotion: Insofar as practicable and con—
sistent with the best interests of the service, all
vacancies in the competitive service shall be filled by
promotion from within the competitive service, after a
promotional examination has been given and a promotional
list established,
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Reso. No. 1348
If in the opinion of the appointing power a
vacancy in the position could be filled better by an
open competitive examination instead of a closed, promo-
tional examination, then the appointing power may instruct
the Personnel Officer to call for applications for the
vacancy and arrange for an open, competitive examination
and for the preparation and certification of an eligible
list.
Section Demotion: The appointing power may demote an
employee whose ability to perform his required duties falls
below standard, or for disciplinary purposes. Upon request
of the employee and with consent of the prospective super-
vising official, demotion may be made to a vacant position
as a substitution for lay-off. No employee shall be de-
moted to a position for which he does not possess the
minimum qualifications. Written notice of the demotion
shall be given the employee before or within three days
after the effective date of the demotion a copy filed
with the Personnel Officer.
Section 4. Suspension: The appointing power may suspend
an employee from his Position at any time for the good of
the service, for a disciplinary purpose, or- for other just
cause. Suspension without pay shall not exceed thirty days
nor shall any employee be penalized by suspension for more
than thirty days in any fiscal year, Department Heads may
suspend a subordinate employee for not more than five
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Reso. No. 1348
working days at any one time, and not more frequently
i
than one such suspension in a thirty day period, for
disciplinary purposes only. Suspensions shall be reported
immediately to the Personnel Officer by the appointing
power or department head.
With the approval of the appointing power, an
employee who has resigned with a good record may be re—
instated within two years to his former position, if
vacant, or to a vacant position in the same or comparable
class.
RULE TX Separation from the Service
Section 1. Discharge: An employee in the competitive
service may be discharged at any time by the appointing
power. Whenever it is the intention of the appointing
power to discharge an employee in the competitive service,
the Personnel Officer shall be notified. Any employee
who has been discarged shall be entitled to receive a
written statement of the reasons for such actions and to
a hearing before the Personnel review committee.
Section 2. Lear—Off: The appointing power may lay off an
employee in the competitive service because of material
change in duties or organization or shortage of work or
funds. Ten working days before the effective day of a
lay—off, the appointing authority shall notify the
Personnel Officer of the intended action with reasons
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Reso. No. 1348
therefor, and a statement certifying whether or not the
services of the employee have been satisfactory. A
copy of such notice shall be given the employee affected.
If certified as having given satisfactory service, the
name of the employee laid off shall be placed on the
appropriate employment list as provided by these rules.
If not certified as having given satisfactory service,
the employee laid off may interpret the action as a
discharge and request a hearing before the Personnel
Review Committee provided by these rules.
Section 3* Resignation: An employee wishing to leave
the competitive service in good standing shall file with
the supervisory official at least two weeks before leaving
the service, a written resignation stating the effective
date and reasons for leaving. The resignation shall be
forwarded to the Personnel Officer with a statement by
the appointing power or department head as to the resigned
employee 's service performance and other pertinent informa-
tion concerning the cause for resignation. Fail-are to
comply with this rule shall be entered on the service
record of the employee and may be cause for denying
future employment by the City.
The resignation of an employee who fails to
give notice shall be reported to the Personnel Officer
by the department head immediately.
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Reso. No. 1348
RULE X Hearing on Complaints
Section 1. Complaints: .Any employee in the competitive
service shall have the right to appeal to the Personnel
Review Committee relative to any disciplinary action,
dismissal, demotion, or alleged violation of the Personnel
rules. The employee must file a complaint in writing to
the Personnel Officer. It shall be the duty of the
Personnel Officer to inform each of the Personnel
Reveiw Committee members and the appointing power or
other person complained against of the filing of complaint-..
Section 2i Investigation of Complaint: Upon the making
of any complaint the Personnel Review Committee shall
make such investigation as it may deem. necessary.
Upon the conclusion of any investigation, the
Personnel Review Committee shall cause its findings and
recommendations to be prepared in writing and shall
certify to same. Such findings shall be filed as a
permanent record by the Personnel Officer. The Personnel
Officer shall deliver a certified copy of such findings
and recommendations to the City Council and to any other
officer or employee affected by such findings and recommenda—
tions.
RULE X3 Reports and Records
Section 1. Roster Cards: The Personnel. Officer shall
maintain a service or roster card for each employee in
the service of the City showing the name, title or position
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Reso. No. 1348
held, the department to which assigned, salary, changes,
in epployment status, and such other information as may
be considered pertinent.
Section 2. Change-of-Statns Report: Every appointment,
transfer, promotion, demotion, change of salary rate,
and any other temporary or permanent change in status of
employees shall be reported to the Personnel Officer in
such manner as may be prescribed by these rules and
regulations*
Section 0 Destruction of Records: Roster and payroll
records shall be kept permanently. All other records
relating to personnel, including correspondence, applica-
tions, examinations and reports may be destroyed after
two years. Any temporary record may be destroyed at any
time with the consent of the City Council and the City
Attorney,
RULE XII Cooperation
Section 1. Cooperation of City Officers and Enpj2Zees.
Every officer and employee of the City of Huntington Beach
shall cooperate with the Personnel Officer in order to
completely to fulfill the objectives and purposes of the
Personnel rules and regulations.
Nothing in this resolution shall be construed
to be in conflict with provisions of Chapters Numbers 14
and 15 of the Huntington Beach Ordinance Code and pro-
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Reso. No. 1348
vision of the City Charter.
That the City Clerk shall attest and certify
to the passage and adoption of this resolution by a
majority of the votes of the members of the City Council
of the City of Huntington Beach.
Passed and adopted by the City Council of the
City of Huntington Beach, California, by a vote of more
than a majority of all its members, at a regular meeting
of said City Council held on the 4th day of
August 1958.
eMIX,
i� I BY
Mayor
ATTEST:
D`� I 22 �CKKSS 2HN --, --'- -.- -� I
City Clerk
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Reso. No. 1348
STATE OF CALIFORNIA
County of Orange
City of Huntington Beach
I, JOHN L. HENRICKSEN, the duly elected,
qualified and acting 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
five; that the foregoing resolution was passed and adopted
by the affirmative vote of more than a majority of all
members of said City Council at a regular meeting of said
City Council held on the 4th day of August, 1258, by the
following vote:
AYES*- Councilmen:
Bryant, Lambert, Waite, Irby.
NOES: Councilmen:
None.
ABSENT: Councilmen:
Terry
Uf�)J Q).L1�1TIYL 'R i 4CI
0 1 V3; Clerk and ex-ofFl--c—io MTE
of®lthe City Council of the City
of Huntington Beach, California