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HomeMy WebLinkAboutCity Council - 99-64 RESOLUTION NO. 99-64 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1999-2000 AND THE ISSUANCE AND SALE OF 1999-2000 TAX AND REVENUE ANTICIPATION NOTES THEREFOR WHEREAS, pursuant to Article 7.6 (commencing with section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the California Government Code (the "Law"), this City Council (the "Council") has found and determined that moneys are needed for the requirements of the City of Huntington Beach (the "City"), a municipal corporation and general law city duly organized and existing under the laws of the State of California, to satisfy obligations payable from the general fund of the City (the "General Fund"), and that it is necessary that said sum be borrowed for such purpose at this time by the issuance of temporary notes therefor in anticipation of the receipt of taxes, revenue and other moneys to be received by the City for the General Fund during or allocable to the fiscal year of the City beginning October 1, 1999, and ending September 30, 2000 ("Fiscal Year 1999-2000"); and The financial advisor to the City has been directed to prepare an official statement meeting the requirements of Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Official Statement"), a notice of sale (the "Notice of Sale"), a bid form (the "Bid Form.") and a notice of intention (the "Notice of Intention") relating to the offering and sale of the notes for the City; NOW THEREFORE, the City Council of the City of Huntington Beach does hereby resolve, as follows: Section 1. Limitation on Maximum Amount. The principal amount of notes issued pursuant hereto, when added to the interest payable thereon, shall not exceed eighty-five percent (85%) of the estimated amount of the uncollected taxes, revenue and other moneys of the City for the General Fund attributable to Fiscal Year 1999-2000, and available for the payment of said notes and the interest thereon (as hereinafter provided). Section 2. Authorization an_d Te_r_ms_of Notes. Solely for the purpose of anticipating taxes, revenue and other moneys to be received by the City for the General Fund allocable to Fiscal Year 1999-2000, and not pursuant to any common plan of financing, the City hereby determines to and shall borrow the principal amount of sixteen million four hundred thousand dollars ($16,400,000) by the issuance of temporary notes under the Law, designated "City of Huntington Beach (Orange County, California) 1999-2000 Tax and Revenue Anticipation Notes" (the "Notes"). The Notes shall be dated their date of issuance, shall mature (without option of prior redemption) on October 3, 2000, and shall bear interest, payable at maturity, computed on a 30-day month/360-day year basis, at the rate determined in accordance with the bid of the successful bidder or bidders for the Notes approved by the City Administrator or his designee, pursuant to-authority delegated by the Council. Both the principal of and interest on the Notes shall be payable in lawful money of the United States of America, as described below. Section 3. Form of Notes-, Entry Only S, sue. The Notes shall be issued in fully registered form, without coupons, and shall be substantially in the form and substance set forth in Exhibit A attached hereto and by reference incorporated herein, the blanks in said form to be filled in with appropriate words and figures. The Notes shall be numbered from 1 consecutively ReS Ale upward in order of issuance, shall be in the denomination of $1,000 each or any integral multiple thereof. "CUSIP" identification numbers shall be imprinted on the Notes,but such numbers shall not constitute a part of the contract evidenced by the Notes and any error or omission with respect thereto shall not constitute cause for refusal of any purchaser to accept delivery of and pay for the Notes. In addition, failure on the part of the City to use such CUSIP numbers in any notice to the registered owners of the Notes shall not constitute an event of default or any violation of the City's contract with such owners and shall not impair the effectiveness of any such notice. Except as provided below, the owner of all of the Notes shall be The Depository Trust Company, New York, New York ("DTC"), and the Notes shall be registered in the name of Cede &Co., as nominee for DTC. The Notes shall be initially executed and delivered in the form of a single fully registered Note in the full aggregate principal amount of the Notes. The City may treat DTC (or its nominee) as the sole and exclusive owner of the Notes registered in its name for all purposes of this Resolution, and the City shall not be affected by any notice to the contrary. The City shall not have any responsibility or obligation to any participant of DTC (a "Participant"), any person claiming a beneficial ownership interest in the Notes under or through DTC or a Participant (a "Beneficial Owner"), or any other person not shown on the register of the City as being an owner, with respect to the accuracy of any records maintained by DTC or any Participant or the payment by DTC or any Participant of any amount in respect of the principal or interest with respect to the Notes. The City shall pay all principal of and interest on the Notes only to DTC or its nominee, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Notes to the extent of the sum or sums so paid. Except under the conditions noted below,no person other than DTC shall receive a Note. Upon delivery by DTC to the City of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the term"Cede Co." in this Resolution shall refer to such new nominee of DTC. If the City determines that it is in the best interest of the beneficial owners that they be able to obtain Notes and delivers a written certificate to DTC to that effect, DTC shall notify the Participants of the availability through DTC of Notes. In such event, the City shall issue, transfer and exchange Notes as requested by DTC and any other owners in appropriate amounts. DTC may determine to discontinue providing its services with respect to the Notes at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. Under such circumstances (if there is no successor securities depository), the City shall be obligated to deliver Notes as described in this Resolution. Whenever DTC requests the City to do so, the City will cooperate with DTC in taking appropriate action after reasonable notice to (a) make available one or more separate Notes evidencing the Notes to any DTC Participant having Notes credited to its DTC account or (b) arrange for another securities depository to maintain custody of certificates evidencing the Notes. Notwithstanding any other provision of this Resolution to the contrary, so long as any Note is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal and interest with respect to such Note and all notices with respect to such Note shall be made and given, respectively, to DTC as provided in the representation letter delivered on the date of issuance of the Notes. Section 4. Use of Proceeds. The moneys so borrowed shall be deposited in a segregated account in the General Fund to be withdrawn, used and expended by the City for any purpose for which it is authorized to expend funds from the General Fund including,but not limited to, current expenses, capital expenditures and the discharge of any obligation or indebtedness of the City. -2- Section 5. Security. The principal amount of the Notes, together with the interest thereon, shall be payable from taxes, revenue and other moneys which are received by the City allocable to the General Fund for the Fiscal Year 1999-2000. As security for the payment of the principal of and interest on the Notes, the City, hereby pledges the first "unrestricted moneys," as hereinafter defined, (a) in the amount of $8,200,000 to be received by the City in April, 2000, (b) in the amount of $4,100,000 to be received by the City in July, 2000, (c) in the amount of $4,100,000 to be received by the City in August, 2000, and (d) an amount equal to all interest due on the Notes, to be received by the City in September, 2000 (such pledged amounts being hereinafter called the "Pledged Revenues"). The principal of the Notes and the interest thereon shall constitute a first lien and charge thereon and shall be paid from the Pledged Revenues. To the extent not so paid from the Pledged Revenues, the Notes shall be paid from any other moneys of the City lawfully available therefor. In the event that there are insufficient unrestricted moneys received by the City to permit the deposit in the Repayment Account, as hereinafter defined,of the full amount of the fledged Revenues to be deposited in any month on the last business day of such month, then the amount of any deficiency shall be satisfied and made up from any other moneys of the City lawfully available for the repayment of the Notes and interest thereon. The term "unrestricted moneys" shall mean taxes, income, revenue and other moneys intended as receipts for the General Fund and which are generally available for the payment of current expenses and other obligations of the City. Section b. Rej2ayment Account. There is hereby created within the General Fund, a special account designated the "1999-2000 Tax and Revenue Anticipation Notes Repayment Account" (the "Repayment Account") and applied as directed in this Resolution. Any moneys placed in the Repayment Account shall be for the benefit of the registered owners of the Notes, and until the Notes and all interest thereon are paid or until provision has been made for the payment of the Notes at maturity with interest to maturity, the moneys in the Repayment Account shall be applied solely for the purposes for which the Repayment Account is created; provided, however, that any interest earned on amounts deposited in the Repayment Account shall periodically be transferred to the General Fund. During the months of April, 2000, July, 2000, August, 2000, and September, 2000, all Pledged Revenues shall be credited to the Repayment Account. On October 3, 2000, the City shall transfer to DTC moneys in the Repayment Account necessary to pay the principal and interest on the Notes then due and, to the extent said moneys are insufficient therefor, an amount of moneys from the General Fund which will enable payment of the full principal of and interest on the Notes at maturity. DTC will thereupon make payments of principal and interest on the Notes to the DTC Participants who will thereupon make payments to the Beneficial Owners. Any moneys remaining in the Repayment Account after the Notes and the interest thereon have been paid, or provision for such payment has been made, shall be transferred to the General Fund. Section 7. Deposit and Investment of Repayment Account. All moneys held by the City in the Repayment Account, if not invested, shall be held in time or demand deposits as public funds and shall be secured at all times by bonds or other obligations which are authorized by law as security for public deposits, of a market value at least equal to the amount required by law. Moneys in the Repayment Account shall, to the greatest extent possible, be invested by the City Treasurer directly, or through an investment agreement,in investments as permitted by the laws of the State of California as now in effect and as hereafter amended, and the proceeds of any such investments shall, as received, be deposited in the Repayment Account and shall be part of the Pledged Revenues. -3- *S Mo 99- (a Section 8. Execution of Notes. The Notes shall be executed in the name of the City, with the manual or facsimile signature of the City Administrator and the manual or facsimile counter-signature of the City Clerk (although at least one of such signatures shall be manual) with the seal of the City impressed thereon, and said officers are hereby authorized to cause the blank spaces thereof to be filled in as may be appropriate. Section 9. Transfer of Notes. Any Note may, in accordance with its terms, but only if the City determines to no longer maintain the book entry only status of the Notes, DTC determines to discontinue providing such services and no successor securities depository is named or DTC requests the City to deliver Note certificates to particular DTC Participants, be transferred, upon the books required to be kept pursuant to the provisions of Section 11 hereof, by the person in whose name it is registered, in person or by his or her duly authorized attorney, upon surrender of such Note for cancellation at the office of the City Clerk, accompanied by delivery of a written instrument of transfer in a form approved by the City, duly executed. Whenever any Note or Notes shall be surrendered for transfer, the City shall execute and deliver a new Note or Notes, for like aggregate principal amounts, but only if the City determines to no longer maintain the book entry only status of the Notes, DTC determines to discontinue providing such services and no successor securities depository is named or DTC requests the City to deliver Note certificates to particular DTC Participant. Section 70. Exchange of N to . Notes may be exchanged at the office of the City for a like aggregate principal amount of Notes of authorized denominations and of the same maturity. Section 11. Note Register. The City shall keep or cause to be kept sufficient books for the registration and transfer of the Notes if the book entry only system is no longer in effect and, in such case, the City Clerk shall register or transfer or cause to be registered or transferred, on said books, Notes as herein before provided. While the book entry only system is in effect, such books need not be kept as the Notes will be represented by one Note registered in the name of Cede &Co., as nominee for DTC. Section 12. Temporary Notes. The Notes may be initially issued in temporary form exchangeable for definitive Notes when ready for delivery. The temporary Notes may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the City, and may contain such reference to any of the provisions of this Resolution as may be appropriate. Every temporary Note shall be executed by the City upon the same conditions and in substantially the same manner as the definitive Notes. If the City issues temporary Notes it will execute and furnish definitive Notes without delay, and thereupon the temporary Notes may be surrendered for cancellation, in exchange therefor at the office of the City Clerk and the City shall deliver in exchange for such temporary Notes an equal aggregate principal amount of definitive Notes of authorized denominations. Until so exchanged, the temporary Notes shall be entitled to the same benefits pursuant to this Resolution as definitive Notes executed and delivered hereunder. Section 13. Notes Mutilated, Lost. Destroyed or Stolen. If any Note shall become mutilated the City, at the expense of the registered owner of said Note, shall execute and deliver a new Note of like maturity and principal amount in exchange and substitution for the Note so mutilated, but only upon surrender to the City Clerk of the Note so mutilated. Every mutilated Note so surrendered to the City Clerk shall be canceled. If any Note shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the City and, if such evidence be satisfactory to the City and indemnity satisfactory to it shall be given, the City, at the expense of the registered owner, shall execute and deliver a new Note of like maturity and principal amount in lieu of and in substitution for the Note so lost, destroyed or -4- stolen. The City may require payment of a sum not exceeding the actual cost of preparing each new Note issued under this Section 13 and of the expenses which may be incurred by the City in the premises. Any Note issued under the provisions of this Section 13 in lieu of any Note alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the City whether or not the Note so alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Resolution with all other Notes issued pursuant to this Resolution. This Section 13 will not be in effect so long as DTC book entry is utilized. Section 14. Covenants and Warranties. It is hereby covenanted and warranted by the City that all representations and recitals contained in this Resolution are true and correct, and that the City has reviewed. all proceedings heretofore taken relative to the authorization of the Notes and has found, as a result of such review, and hereby finds and determines that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of the Notes have existed, happened and been performed in due time, form and manner as required by law, and the City is duly authorized to issue the Notes and incur indebtedness in the manner and upon the terms provided in this Resolution. The City has duly taken all proceedings necessary to be taken, and will take any additional proceedings necessary to be taken, for the prompt collection and enforcement of the taxes, revenue, cash receipts and other moneys pledged hereunder in accordance with law and for carrying out the provisions of this Resolution. Section 15. Tax Covenants. (a) Private Activity Bond Limitation. The City shall assure that the proceeds of the Notes are not so used as to cause the Notes to satisfy the private business tests of section 141(b) of the Code (as hereinafter defined) or the private loan financing test of section 141(c) of the Code. (b) Federal Guarantee Prohibition. The City shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause any of the Notes to be "federally guaranteed" within the meaning of section 149(b) of the Code. (c) Rebate Requirement. The City shall take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Notes. (d) No Arbitrage. The City shall not take, or permit or suffer to be taken any action with respect to the proceeds of the Notes which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Notes would have caused the Notes to be "arbitrage bonds" within the meaning of section 148 of the Code. (e) Maintenance of Tax-Exemption. The City shall take all actions necessary to assure the exclusion of interest on the Notes from the gross income of the registered owners of the Notes to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Notes. For purposes of this Section 15, the term "Code" means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Notes or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Notes, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published,under the Code. -r- Al° 99-G f Section 16. Continuing Disclosure. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, as defined below. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an event of default; however, any holder or beneficial owner of the Notes may take such actions as may be necessary and appropriate to compel performance, including seeking mandate or specific performance by court order. For purposes of this Section 16, the term "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the City and dated the date of issuance and delivery of the Notes, as originally executed and as it may be amended from time to time in accordance with the terms thereof. For purposes of this Section 16, the term "Participating Underwriter" shall have the meaning ascribed thereto in the Continuing Disclosure Certificate. Section 17. Sale of Notes. The distribution of the Official Statement, the Notice of Sale, the Bid Form and the Notice of Intention are approved in connection with the offering and sale of the Notes. The actions of the City's financial advisor, on behalf of the City Clerk and the City, in distributing the Official Statement, the Notice of Sale and the Bid Form to such municipal bond brokers-dealers, to such banking institutions and to such other persons as may be interested in purchasing the Notes therein offered for sale, are hereby approved. The Notes are hereby ordered to be sold by competitive bid. The City Administrator or his designee is hereby delegated the authority to accept the best responsible bid for the purchase of the Notes, determined in accordance with the Official Notice of Sale. The City Administrator or his designee is hereby authorized and directed to accept such bid, for and in the name of the City, by notice to the successful bidder. In the event two or more bids setting forth identical interest rates and premium, if any, are received, the City Administrator or his designee, on behalf of the City, may exercise his or her own discretion and judgment in making the award and may award the Notes on a pro rata basis in such denominations as he or she shall determine. The City Administrator or his designee, on behalf of the City, may, in his or her discretion, reject any and all bids and waive any irregularity or informality in any bid. The City Administrator or his designee, on behalf of the City, shall award the Notes or reject all bids not later than 26 hours after the expiration of the time prescribed for the receipt of proposals unless such time of award is waived by the successful bidder. The City's financial advisor is hereby delegated the responsibility of receiving, opening and analyzing bids submitted for the purchase of the Notes and to report the results thereof to the City. Section 18. Preparation of the Note • Execution of Closing Documents.. Quint&Thimmig LLP, as bond counsel to the City, is directed to cause suitable Notes to be prepared showing on their face that the same bear interest at the rate aforesaid, and to cause the blank spaces therein to be filled in to comply with the provisions of this Resolution in accordance with the bid or bids of the successful bidder or bidders for the Notes, and to procure their execution by the proper officers, and to cause the Notes to be delivered when so executed to DTC on behalf of the successful bidder or bidders therefor upon the receipt of the purchase price by the City Treasurer on behalf of the City, in accordance with such successful bid or bids. The City Administrator, the Administrative Services Director, the City Treasurer, the Finance Director, the City Clerk, or any of them, are further authorized and directed to make, execute and deliver to the purchaser or purchasers of the Notes (a) a certificate in the form customarily required by purchasers of bonds of public corporations generally, certifying to the -6- /'es A04 99�-m4 genuineness and due execution of the Notes, and (b) a receipt in similar form evidencing the payment of the purchase price of the Notes which receipt shall be conclusive evidence that said purchase price of the Notes has been paid and has been received on behalf of the City. Any purchaser or subsequent taker or holder of the Notes is hereby authorized to rely upon and shall be justified in relying upon any such certificate or receipt with respect to the Notes. Such officers and any other officers of the City are hereby authorized to execute any and all other documents required to consummate the sale and delivery of the Notes. Section 19. Effective Date. This Resolution shall take effect upon its adoption by this City Council. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof on the 7th day of September, 1999. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney �. " S� 6cf! REVIEWED. AND APPROVED: INITIATED AND APPROVED: City Ad strator ector of Administrative Services -7- s Ala EXHIBIT A CITY OF HUNTINGTON BEACH (Orange County, California) 1999-2000 TAX AND REVENUE ANTICIPATION NOTE INTEREST RATE: MATURITY DATE: ISSUE DATE: CUSIP: % October 3, 2000 October 4, 1999 REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: SIXTEEN MILLION FOUR HUNDRED THOUSAND DOLLARS The CITY OF HUNTINGTON BEACH, Orange County, State of California (the "City"), acknowledges itself indebted, and promises to pay, to the Registered Owner stated above, or registered assigns (the "Owner"), on the Maturity Date stated above, the Principal Sum stated above, in lawful money of the United States of America, and to pay interest thereon in like lawful money at the rate per annum stated above, calculated on the basis of a 360-day year composed of twelve 30-day months. The principal of and interest on this Note shall be payable at maturity to the Owner. It is hereby certified, recited and declared that this Note is one of an authorized issue of Notes in the aggregate principal amount of sixteen million four hundred thousand dollars ($16,400,000), all of like tenor, issued pursuant to the provisions of a resolution of the City Council of the City entitled "A RESOLUTION PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1999-2000 AND THE ISSUANCE AND SALE OF 1999-2000 TAX AND REVENUE ANTICIPATION NOTES THEREFOR," duly passed and adopted on September 7, 1999 (the "Resolution"), and pursuant to Article 7.6 (commencing with section 53850) of Chapter 4, Part 1, Division 2, Title 5, of the California Government Code, and that all things, conditions and acts required to exist, happen and be performed precedent to and in the issuance of this Note exist, have happened and have been performed in regular and due time, form and manner as required by law, and that this Note, together with all other indebtedness and obligations of the City, does not exceed any limit prescribed by the constitution or statutes of the State of California. The principal amount of the Notes, together with the interest thereon, shall be payable from taxes, revenue and other moneys which are received by the City for the Repayment Account (as defined in the Resolution) for the Fiscal Year 1999-2000. As security for the payment of the principal of and interest on the Notes, the City has pledged the first "unrestricted moneys," as hereinafter defined, (a) in the amount of$8,200,000 to be received by the City in April, 2000, (b) in the amount of $4,100,000 to be received by the City in July, 2000, (c) in the amount of $4,100,000 to be received by the City in August, 2000, and (d) an amount equal to all interest due on the Notes, to be received by the City in September, 2000 (such pledged amounts being hereinafter called the "Pledged Revenues"). The principal of the Notes and the interest thereon shall constitute a first lien and charge thereon and shall be paid from the Pledged Revenues. To the extent not so paid from the Pledged Revenues, the Notes shall be paid from any other moneys of the City lawfully available therefor. The term "unrestricted moneys" shall mean taxes, income, revenue and other moneys intended as receipts for the general fund of the City and which are generally available for the payment of current expenses and other obligations of the City. Exhibit A Page 1 s � 99- The Notes are issuable as fully registered Notes, without coupons, in denominations of $1,000 and any integral multiple thereof. Subject to the limitations and conditions as provided in the Resolution, Notes may be exchanged for a like aggregate principal amount of Notes of other authorized denominations and of the same maturity. The Notes are not subject to redemption prior to maturity. This Note is transferable by the Owner hereof, but only under the circumstances, in the manner and subject to the limitations provided in the Resolution. Upon registration of such transfer a new Note or Notes, of authorized denomination or denominations, for the same aggregate principal amount and of the same maturity will be issued to the transferee in exchange herefor. The City may treat the Owner hereof as the absolute owner hereof for all purposes, and the City shall not be affected by any notice to the contrary. Unless this Note is presented by an authorized representative of The Depository Trust Company to the City for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede& Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. IN WITNESS WHEREOF, the City of Huntington Beach has caused this Note to be issued in the name of the City and to be executed by the manual or facsimile signature of the City Administrator and countersigned by the manual or facsimile signature of the City Clerk, all as of the Issue Date stated above. CITY OF HUNTINGTON BEACH By Cit Administrator (SEAL) Countersigned: { City Clerk -41 Exhibit A Page 2 glf.s Ale) 9—z/,�4 ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto (Name,Address and Tax Identification or Social Security Number of Assignee) the within Note and do(es)hereby irrevocably constitute(s)and appoint(s) attorney, to transfer the same on the registration books of the City with full power of substitution in the premises. Dated: Signature Guaranteed: Notice:Signature(s)must be guaranteed by a qualified Notice:The signature on this assignment must correspond guarantor. with the name(s)as written on the face of the within Note in every particular without alteration or enlargement or any change whatsoever. Exhibit A Page 3 Res. No. 99-64 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 the 71h day of September, 1999 by the following vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California