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HomeMy WebLinkAboutCity Council - 2002-11 RESOLUTION NO. 2002-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND AUTHORIZING THE CITY'S EXECUTION OF AN AGREEMENT WITH THE CALIFORNIA ARTS COUNCIL,OF THE STATE OF CALIFORNIA REGARDING THE CITY'S PARTICIPATION IN THE CALIFORNIA ART COUNCIL'S ORGANIZATIONAL SUPPORT PROGRAM FOR FISCAL YEAR 2001-2002 WHEREAS, the California Arts Council of the State of California has established an Organizational Support Program for fiscal year 2001-2002. The City of Huntington Beach has requested grant funding from the California Arts Council regarding the following project: 1) Initial design of format for a quarterly tabloid newsletter including a program listing calendar; production/layout of first issue; production/layout of 2„d and P issue. 2) Initial design of format, layout and production for a promotional piece for a performing arts series under development by the Huntington Beach Art Center. 3) Printing of both pieces. The City has requested funding from the California Arts Council in the amount of Seven Thousand Three Hundred Twenty-Four Dollars ($7,324.00). The City and the California Arts Council will enter into a Standard Agreement (Contract Number) OS-01- 0500) (the "Agreement")regarding how the funds will be spent on the project. A copy of this Agreement is attached hereto as Exhibit"A", and incorporated herein by this reference. The California Arts Council requires that a copy of a City resolution, order, motion, or ordinance approving and authorizing execution of the Agreement accompanying the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach: Section 1. Approves and authorizes the City's execution of the Agreement. 1 02res/jmf/j n/Cali£ArtsCounc il/l/25/02 Res.No.2002-11 Section 2. Appoints the City's Director of Community Services, as agent of the City of Huntington Beach to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments,payment requests and so on, which may be necessary for the completion of the aforementioned Agreement and grant. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of February , 2002. Mayor ATTEST: APPROVED AS TO FORM: City Clerk dg_q _p2 City Attorney s/D REVIEWED AND APPROVED: INIT APPROVED: 7 Ci Administrator Director 4tommuniii Services 2 02res/jmf/jn/Calif.ArtsCounciLq/25/02 Res.No.2002-11 Ex.A '1 EXHIBIT A STATE OF CALEF'ORINiA STANDARD AGREEMENT -APPROVED BY THE COAA'R4CTNUMBER AMNo. Ex.A ATTORNEY GENERAL OS-01-0500 STD.2(REV.5-91) TAxpAYERS FEDERAL EN[PIAYER 11IEhti'1FICATION NUM6ER THIS AGREEMENT,made and entered into thi September 6,2001 954000723 in the State of California,by and bet WCcn State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY I Chief of Administrative Services i California Arts Council ,hereafter called the State,and CONTRACTOR'S NAME - City of Huntington Beach ,hereafter called the Contractor.' WfINESSETH:That the Contractor for and in consideration of the covenants,conditions,agrmmcn%and stipulations of the State hereinafter expressed,does hereby agree to fumish to the State services and materials as follows: (Set forth service to be Tendered by Contractor,amount to be paid Contractor, time faw performance or completion,and auach plans and specifwationss if arty). . 14 Multi-Disciplinary Contractor,as a participant in the California Arts Council's Organizational Support Program for fiscal year 2001-2002 shall adhere to the attached Schedule of Agreement with Exhibit A Project Description and Budget attached. Duration: November 1, 2001 through September 30, 2002 Total amount not to exceed $7,324 Contractor is acting as a Fiscal Receiver for: Cultural Services Division/Huntington Beach CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written_ STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR (:father[hart an indiWdUA state whether a crorporatiOA parbrerahiA eta) California Arts Council City of H - gton Beach BY(AUrH I1A ) BY(A SIGNATURES) PRPv7ED NAME/OF PERSON SIGNING P NAME AND TITLE OF P SIGNING Alan T.Smith fivwIq/cl11110 kvwv�w TITLE ADDRESS 2000 Main Street Chief of Administrative Services Huntington Beach CA 91648 AMOUNTENCUMBEREDBYTHUS PROGRAMICATEGORY(CODE AND T17LE) FUNDTms DOCUMENT Depart»rentofGeneral OSP General Services Use Only S7,324 (OPnONALusE) PRIOR AMOUNT ENCUMBERED FOR ' THIS CONTRACT ITEM - CHAPTER SP IL 05'EAR $a A TOTAL AMOUNT ENCUMBERED TO DATE8260-101-0Oa1 lab 01 - OWWT OF EXPENDMiRE(CODE AND TILE) S7,324 2055-706-20110 r1 hereby cattily upon my own personal knowledge that budgeted funds are T.B.A.No. B.R-NO. available for the period and purpose of the expenditure stated above. SIGN o G oFrTCER DATE - NOV 01 2001 ❑ CONTRACTOR ❑ STATE AGENCY ❑ DEPT.OF G£N.SER. ❑ CONTROLLER ❑ 5-ATE Qr CAL FOaNtA STANDARD AGREEMENT S7a. a(R=,v-s•s;)JAE ERSE) Res.No.200241 Ex.A 1. The Contractor agrees to indemnify,defendandsaveliarwit-sstheState.itsofficers,agentsandemployees frorn any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen,laborers and any other person,firm or corporation furnishing or supplying work services, .materials or supplies in connection with the performance of this contract,and front any and all claims and losses accruing or resulting to any person,firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor,and the agents and employees of Contractor,in the performance of the agreement,shall act in an independent capacity and not as officers or employees or agents of State or California. 3.The State may terminatethis agreementaod be relieved of the paymentof any consideradom Wcontractor should Contractor fail to perform the covenants herein contained at the tine and in the manner herein provided. In the event of such termination the State may proceed%ith the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement,and the balance,if any,shall be paid the Contractor upon demand. 4. VVithout the written consent of the State,this agreement is not assignable by Contractor either in whole or in part. 5. Time is of the essence in this agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writin g. and signed t►�• the parties hereto,and no oral understanding ar agreement not incorporated herein,shall be hirnd,ndl or, and. of the parties hereto. 7. The consideration to be paid Contractor, as provided lierein, shall be in compensation fuT all of Contractor's expenses incurred in the performance hereof, including travel and per dic:n, unless otherwise expressly so provided. 9l 61014 Res.No.2002-11 Ex.A SCHEDULE OF AGREEMENT Organizational Support Program for 2001-02 *THIS CONTRACT IS NOT VALID LIMTLSIGNEDBY-1'HE-STATE-DF'rALIFORNIX Between California Arts Council (hereinafter-called CAC) and the forenamed Contractor for participation in CAC's Organizational Support Program for fiscal year 2001-02. 1. SMFMFNT OF WORK Contractor agrees to perform and carry out all services and activities specified in the Project Description and Budget attached hereto as Exhibit A and incorporated herein by this reference. Contractor may request changes to the project descriptions, sites, program design, format, dates of contract and contractor's name, and budget in the form of a contract amendment. Requests for contract amendments must be in writing and approved by the CAC's Organizational Support Program Manager or Program Administrator. Contractor shall not implement any such changes until the contract amendment has been approved. All changes must be requested before the end of the contract period. 2. ARTS AND PAYMFNT In consideration for the satisfactory performance of Contractor's duties as specified in Exhibit A, the Project Description, the CAC agrees to pay Contractor a sum not to exceed the total amount shown on the Standard Agreement, for items as listed in the Exhibit A Budget. Contractor must document the matching expenses as indicated in Exhibit A, Budget. Contractor must document the matching expenses in the same manner as documentation .is made for grant contract expenditures. Contractor will not be reimbursed for matching expenditures. a. A one-time advance payment totaling 25 percent of the contract amount may be made upon approval of the contract and submission of invoice number CAC-301, 'Invoice for Advance and Progress Payments." The balance of the contract will be paid in arrears. Invoices will be submitted to the CAC not more than once a month. The final invoice will be withheld until submission of the NEA Survey. All supporting documentation will be retained by the contractor and not Res.No.2002-11 Ex.A submitted with the invoice unless specifically requested in writing by CAC staff. The contractor is to submit all invoices for reimbursement to the CAC within 90 days after the contract completion date. Invoices received by the CAC after the'50 days may not be paid-by rthe-CAr,. Contractor agrees to return all funds that are determined to have been expended on ineligible expenditures or have the ineligible amount deducted from the final invoice. Failure to provide documentation of expenditures for amounts received from the CAC shall also be considered cause for disqualification from future funding consideration by the CAC. b. Budget changes shall be allowed within Personnel Expense categories, but may not increase ac decrease a specified line item by more than 20 percent, providing that there is a corresponding increase or decrease in another line item within the Personnel Expense category. The Contractor must submit a Standard Agreement form to: 1) increase or decrease any line-item by more than 20 percent; or 2) move any dollar amount between the Personnel Expense and Operating/Production Expenses categories. Invoicing for an advance and/or progress payment is to be completed by the Contractor in accordance with the invoicing instructions. C. Contractor hereby agrees to report to CAC, upon such forms as CAC may require, regarding such operating, financial, and evaluation information. Failure of Contractor to fully, accurately and in a timely fashion comply with CAC's reporting and requisitioning requirements shall result in disallowance by CAC of any further payment hereunder. d. If travel expenses are included in the approved budget, the State rules governing such expenses shall apply to the Contractor. All travel mast ha within the State d Califomia to he re' A_ Travel expenses must be documented by using a CAC-306, "Travel Expense Claim Form." .3. The CAC does not claim ownership, copyrights, royalties or other claims to artwork produced as a result of a CAC grant. However, the CAC reserves the right to 2 Res.No.2002.11 Ex.A reproduce and use such materials for official, noncommercial purposes. In addition, the CAC requires documentation of grant activity and appropriate credit for CAC partial support. 4. CAC AcKN(1w Fr](%.FMFNT a. In order to further the CAC's effort to brand the arts, the use of the CAC logos are required on all printed matter (programs, catalogs, postcards, posters, newsletters, leaflets, publications, etc). The contractor shall display the logos at a size and dimension that assures their visibility and-the viewers' comprehension of them. b. The CAC requires that the Contractor use the CAC's "Year of-the Arts" logo on printed materials. The purpose of this language is to assist the CAC with increasing public awareness of the CAC's "Year of the Arts 2001" activities. Yea of #fe A its California ............................. Arts Council After December 31, 2001, the Contractor must use the CAC regular logo. aIi' ornia Arta Council To download both logos on the web, go to: Click"About Us" Click "Downloadable logo" Use: "Year of the Arts" logo for materials developed during the 2001 Calendar Year. For assistance to download call Justin Lewis (916) 324-0075. C. The CAC also requires that the Contractor use the California Arts License Plate graphics on all relevant printed materials. The purpose of this language is to assist the CAC with increasing public awareness of the California Arts License Plate Program and its support for arts education in the schools. 3 Res.No.2002-11 €x.A To download the California Arts License Plate graphics off the web, go to: MSy ran nA anv Click"About Us" Click"Downloadable logo" Use: °Califomia Arts License Plate" logo For assistance to download call Justin Lewis (916) 324-0075. d. If published, recorded or visual material [such as in a magazine, film, video, book or brochure] espouses an editorial viewpoint, Contractor must specify in the material that "ANY FINDINGS, OPINIONS, OR CONCLUSIONS CONTAINED HEREIN ARE NOT NECESSARILY THOSE OF THE CALIFORNIA ARTS COUNCIL." 5. NONDISCRIMINATION GLAl1SE During the performance of this Contract, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (i.e. cancer), age (i.e. over 40), marital status, and denial of family care leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, 129900 at =P ) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, 7285.0 alma). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, 12990 (a- f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Contract. 4 Res.No.2002-11 Ex.A 6. STATEMFNT OF GOMPLIAN ..F Contractor's signature affixed hereon and dated shall constitute a certification under the penalty of perjury under the laws of the State of California that the contractor has, unless exempted, complied with the nondiscrimination program requirements of Government Code 12990 (a f); and Title 2, CCR 8103. 7. FXAMIEIAIION AND Al lDrr Contractor shall be subject to the examination and audit of the State Auditor for a period of three years after the termination or completion date stated in the contract. 8. ASSIGNMENT OF TRANSFFR No part of the project relating to this grant shall be assigned, sub-let, or transferred, in whole or in part, without the prior written concurrence of the California Arts Council_ 9. TFRMIN TA ION a. It is mutually agreed that either party may cancel this Contract by giving 30- calendar days advance written notice. b. The CAC has the right to require Contractor to stop or suspend work by giving 30-calendar days prior written notice. Within 30 days of such termination, Contractor agrees to furnish the CAC with an itemized accounting of funds expended, obligated and remaining under this contract. C. Failure to comply with the terms of this contract may lead to the cancellation of this contract. 10. Contractor shall maintain complete, accurate and current records of all income, including obligations incurred with respect thereto. Such records, or xeroxes of such records, shall be kept separate from other cost records. During the duration of the project and for not less than three years after completion or termination of the project, contractor shall make available for examination or audit any books, documents, papers or records pertaining to the project, to the CAC. Upon request by the CAC, the contractor shall furnish at its own expense, legible copies of materials deemed pertinent within 10 working days from receipt of the request. 5 Res.No.2002-11 Ex.A 11. RFPORTING RFOlJlRFMFNTS In order to promote the arts and conduct an effective visibility campaign, the CAC is in need of information on the contractor's activities, programs and events. This information will be placed on the CAC website. During the-contract period, and not less than quarterly, the contractor shall furnish the CAC with a calendar of upcoming programs and events. This information can be sent in as a brochure, newsletter published calendar or printed program. Contractors that have their entire seasonal programs and activities promoted in one publication may submit the season's brochure to meet the requirements of this section. Additionally, the contractor will provide the CAC with quarterly attendance figures. Send this information to the CAC's Communications Officer. An electronic file is most desirable. Send to annttliph c-Andscouncil cnm. If not available in electronic form, please mail the materials to the CAC. Contractor will furnish evaluation and expenditure reports relating to the contract at such time during or upon the completion of the contract, as may be determined by the State, and where requested by the State, on forms furnished by the State. 12. Contractor shall not represent to any person, foundation, group, organization or government entity, whether employed by it or not, that it is acting as an agent for the State or that it is entitled in any way to act or incur obligations on behalf of the State. 13. FINAL APPROVAL !f required, this Contract is of no force or effect until approved by the State Department of General Services. 14. NATIONAl LABOR-IRELADOWS BOARD CERTIFICATION By signing this Contract, Contractor does swear under penalty of perjury that no more than one final unappeasable finding of contempt of court by a federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a federal court which orders Contractor to comply with an order of the National Labor Relation Board. 6 Res.No.2002.11 Ex.A 15. I)RHr,-FRFE WORM AGE By signing this contract, the contractor hereby certifies under penalty of perjury under the laws of the State of California that the contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug free workplace by taking the following actions: 1} Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b)to inform employees about all of the following: a) The dangers of drug abuse in the workplace; b) The organization's policy of maintaining a drug-free workplace; c) Any available counseling, rehabilitation and employees assistance programs; and d) Penalties that may be imposed upon employees for drug abuse violations. 3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract: a) Will receive a copy of the organization's drug free policy statement; and, b) Will agree to abide by the terms of the organization's statement as a condition of employment on the contract. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both and the contractor may be ineligible for award of any future state contracts if the department determines that any of the following has occurred: (1) the contractor has made false certification, or (2) the contractor violates the certification by failing to carry out the requirements as noted above. 16. By signing this Contract, Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 eta), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 7 Res.No.2002-11 Ex.A 17. RES01 I.ITION DE DISPI ITFG If Contractor disputes any action by the CAC arising under or out of the performance of this contract, Contractor shall notify the CAC of the dispute in writing and request a claims decision. The CAC shall issue a decision within 30 days of the Contractor's notice. If the Contractor disagrees with the CAC's decision, the Contractor shall submit a formal claim to the Executive Director of the CAC or to the Executive Director's designee. The decision of the Executive Director or the Executive Director's designee shall be final and conclusive. The decision may encompass facts, interpretations of the agreement, and determinations or applications of law. The decision shall be in writing following an opportunity for the Contractor to present oral or documentary evidence and arguments in support of the claim. 18. ELINDING MKITINGFNGY This Contract is valid and enforceable only if sufficient funds are made available to the CAC by the State for the fiscal year 2001-2002 for the purposes of this program. 19. RFC:Y .LING CERTIFICATION The contractor shall certify in writing under penalty of perjury, the minimum, if not, exact, percentage of recycled content, both post consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in materials, goods, or supplies offered or products used in the performance of this Agreement, regardless of whether the product meets the required recycled product percentage as defined in the Public Contract Code, Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. 20. G-QNFI IrT OF INTFRFST Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees: 1) No officer or employee will engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial 8 Res.No.2002-11 Ex.A interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide.goods or services. Former State Employees: 1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency in a policy-making position in the same general subject area as the proposed contract within 12-month period prior to his or her leaving state service. If Contractor violates any provision of above paragraphs, such action by Contractor shall render this Agreement void. Members of boards and commissions are exempt from this section if they do not receive payment other than payment for preparatory time and payment for per diem. 21. St IRSCRIPTIONS All Contractors will be required to subscribe to the Weekly CAC Update (including all members of the staff and board of directors, where applicable). In addition, it will be the contractors responsibility to advertise to its arts organization constituents how to subscribe to the Weekly CAC Update. Instructions: On the Web, go to: www roc rn an Click"Arts Council Weekly Update Information" Click "Subscribe" 22. UNION ORCIANIZIN , Contractor by signing this agreement hereby acknowledges the applicability of Government Code Section 16645 through Section 16649 to this agreement. (1) Contractor will not assist, promote or deter union organizing by employees performing work on a state service contract, including a public works contract. (2) No state funds received under this agreement will be used to assist, promote or 9 L Res.No.2002-11 Ex.A deter union organizing. -(3)-Gontrador-will.-not,•for-any.business_coraducted..under.this agreement, use any state property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the state property is equally available to the general public for holding meetings. (4) If Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing, Contractor will maintain records sufficient to show that no reimbursement from state funds has been sought for these costs, and that Contractor shall provide those records to the Attorney General upon.request, (5) No state funds disbursed by this grant will be used to assist, promote or deter union organizing. 23. RFOt]IRFD ATTFNDANCF The contractor, represented by the Executive Director of the organization, may be required to attend a designated conference as a condition of this award. Funds from this award up to $400 may be used for registration, travel, per diem or lodging. Costs for these expenses.shall not exceed allowable cost limitations established by the state. If•you plan to include this expenditure you must revise your budget with the enclosed blank copy. Send three copies of the newly revised budget along with your signed contracts. The CAC Y411 provide notice to the contractor at least 60 days prior to the scheduled dates of the conference. 24. CHII Q Sl1PPORT COMPI IANGE ACT The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 of Part 5 of division 9 of the Family Code. The contractor, to best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 10 EXHIBIT A PROJECT DESCRIPTION AND BUDGET C e r y. D! H a.�T+.++y-7D.J 241 Coutraet Nornber. 0 5 —V�— O Y r.OO Name of CotRracco _ Ex.A Organizational Support Program for 2001-02 PROJECT DESCRIPTION: 1). Initial design of format for a quarterly tabloid newsletter including a program listing calendar, production/layout of first issue,production/layout of 2"and 34 issue. 2). Initial design of format, layout and production for a promotional piece for a performing arts series under.development by the Huntington Beach Art Center. 3). Printing of both pieces. All design and production work is being complied by a local, professional graphic design consultant. The City of Huntington Beach Cultural &Event Services Division and Arts Orange County are also providing funds for both projects. The City of Huntington Beach will provide funds for staff coordination of the project as well as all mailing costs. BUDGET: CAC Applicant Personnel Expense Category New Jab Tide Rate of Pay Award Cash Match— (do mot over match) Line Ittmts" 1. Artistic-Salaries ❑ S S 13 13 Subtotal S S 2. Administrative-Salaries S13 S 11 Subtotal S S 3. Technical— Salaries ❑ S S Subtotal S S 4. Total Personnel Expenses $ $ (Add I + 2 + 3 from above) 5. Operating/Production Expense S 7 Category TOTAL BUDGET �f (add Lines 4 and 5) $ $ ` 'See Reverse for Line Ittmti Descriptions Res.No.2002-11 Ex.A ADDITIONAL SIGNATURE PAGE Standard Agreement Between State of California and City of Huntington Beach Contract No. OS-01-0500 Made and entered into September b, 2001 CITY OF HuNTINGTON BEACH, a REVIEWED AND APPROVED: municipal corporation of the State of California City dministrator Mayor L ATTEST: r City Clerk APPROVED AS TO FORM: -z .�City Attorney. INITIAT AND APPROVED: Director of Co unity Services Res. No. 2002-11 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 19th day of February, 2002 by the following vote: AYES: Dettloff, Bauer, Cook, Boardman, Winchell NOES: None ABSENT: Green, Houchen ABSTAIN: None City Clerk and ex-offcio C erk of the City Council of the City of Huntington Beach, California