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HomeMy WebLinkAboutAdopt Resolution No. 2005-59 Declaring a Surplus of Funds fr Council/Agency Meeting Held: Deferred/Continued to: Appr v d ❑ Co difonally Approved ❑ Denied C Clerk' ignat e Council Meeting Date: 9/6/2005 Department ID Number: FN 05-006 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION a SUBMITTED TO: HONORABLE MAYOR AND CITY COUN IL MEMBERS SUBMITTED BY: PENELOPE CUL 4ET�H- RRAFT, DPA, CITY ADMINISTRAT& - PREPARED BY: DANIEL T. VILLELLA, CPA, FINANCE OFFICER " SUBJECT: ADOPT RESOLUTION NO. 2005- DECLARING A o SURPLUS OF FUNDS FROM ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR HILL) AND ORDERING THE DISPOSITION OF SAID FUNDS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: A City Council Resolution (Attachment 1) is required to declare the balance of the remaining Reservoir Hill Debt Service Fund to be surplus and order the disposition of the surplus to the City's General Fund. Funding Source: Unappropriated Fund Balance, Reservoir Hill Debt Service Fund (Fiscal Impact Statement Attachment 2). Recommended Action: 1. MOTION to Adopt Resolution No. 2005- - , A Resolution Of The City Council Of The City of Huntington Beach Declaring A Surplus Of Funds From Assessment District No. 88-1 (Reservoir Hill) And Ordering The Disposition Of Said Funds. 2. Appropriate remaining Unappropriated Fund Balance in the amount of approximately $62,500 from the Reservoir Hill Debt Service Fund as a transfer to the City's General Fund. Alternative Action(s): Distribute the funds to the 2,169 parcel owners, at an average amount of $29 per owner. Analysis: On December 19, 1988, the city authorized the issuance of Improvement Bonds under the provisions of the Improvement Bond Act of 1915 to fund the acquisition and improvement proceedings of the Assessment District No. 88-1, otherwise known as Reservoir Hill. Payments for all Bonds and Interest have been completed and the remaining Fund Balance is approximately $62,500. REQUEST FOR ACTION MEETING DATE: 9/6/2005 DEPARTMENT ID NUMBER:FN 05-006 Analysis (continued): The City Consultant on this issue, NBS/District Closeout Consultant, has submitted a formal District Closeout Analysis & Findings Report (Attachment 3). They recommend that the city concur with Section 8784 of the Streets and Highways Code of California in declaring the balance of the remaining funds to be declared surplus and distributed using one of the following options: 1. Repayment to the City of any funds advanced, less its recovery on the sale or redemption of the properties assessed and costs incurred. 2. Repayment to persons paying supplemental assessments. 3. Proportional credit to the final annual assessment levies with a refund given to paid- off assessments. 4. The balance transferred to the general fund of the city instead of number 3 above. Option 1 does not apply because there are no advance funds to be repaid. Staff is not recommending Option 2 since the refund amounts are less than the cost of processing the payments. Also, the refunds would be paid to the existing parcel owners, and not necessarily to the individuals that paid the assessments. Option 3 does not apply since final assessment has already been collected. Therefore, staff recommends Option 4,which will enable the city to order the surplus funds transferred to the General Fund. Environmental Status: Not applicable. Attachment(s): City Clerk's Page Number No. Description 1. Resolution No. 2005- --`� , A Resolution Of The City Council Of The City Of Huntington Beach Declaring A Surplus Of Funds From Assessment District No. 88-1 (Reservoir Hill) And Ordering The Disposition Of Said Funds. 2. Fiscal Impact Statement dated July 12, 2005. 3. District Closeout Analysis & Findings Report prepared by NBS/District Closeout Consultant. G:\FINANCE\RCA\RCA 05-006 Adopt Resol Disposition Funds Reservoir Hill.doc -2- 8/24/2005 3:27 PM (19) September 6, 2005 - Council/Agency Agenda - Page 19 E-9. (City Council) Adopt Resolution No. 2005-59 Declaring a Surplus of Funds from Assessment District No. 88-1 (Reservoir Hill)and Ordering the Disposition of said funds. (350.30) 1. Motion to Adopt Resolution No. 2006-59, "A Resolution of the City Council of The City of Huntington Beach Declaring A Surplus of Funds From Assessment District No. 88-1 (Reservoir Hill) and Ordering the Disposition of Said Funds;"and 2. Appropriate remaining Unappropriated Fund Balance in the amount of approximately $62,500 from the Reservoir Hill Debt Service Fund as a transfer to the City's General Fund. Submitted by the Finance Officer. Funding Source: Unappropriated Fund Balance, Reservoir Hill Debt Service Fund (Fiscal Impact Statement Attachment 2.) Councilmember Cook abstained due to potential conflict of interest. Recommended motion amended to appropriate surplus funds to Infrastructure Fund. Approved 6-0-1 (Cook abstain) E-10. (City Council) Approve Planting Maintenance Agreement with the State Department of Transportation (Caltrans) for the Beach Boulevard Parkway Landscape Enhancement Project, CC-1229 (East side of Beach Boulevard between Taylor Drive and Sterling Avenue.) (600.20) Authorize the Mayor and City Clerk to execute the State Highway Planting Maintenance Agreement in the City of Huntington Beach. Submitted by the Public Works Director. Funding Source: Landscape maintenance is budgeted in the General Fund, Landscape Maintenance Business Unit 10085602. Costs to maintain the frontage does not substantively increase the citywide budget. Approved 7-0 E-11. (City Council) Adopt Resolution No. 2005-63 Relating to Fees for Parking Pass at the Huntington Central Park Sports Complex—Amends Citywide User Schedule Resolution No. 2003-65 (Supplemental Fee No. 3) (340.20) —Adopt Resolution No. 2005-63 Amending Resolution No. 2003-65 Entitled, "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 2003-65 Entitled, A Resolution of the City Council of the City of Huntington Beach Establishing a Citywide User Schedule for Charges for Facility Rentals and Recreation Services." (Supplemental Fee Resolution No. 3) Relating to Fees for a Parking Pass for Parking at the Huntington Central Park Sports Complex. Submitted by the Community Services Director. Funding Source: Not applicable. Approved 7-0 F-1. (City Council)Approve City Council Position on Legislation Pending Before the Federal, State, or Regional Governments as Recommended by the City Council Intergovernmental Relations Committee (IRC) (640.90) Communication from Mayor Jill Hardy, Chair, Intergovernmental Relations Committee, on behalf of members, Councilmember Gil Coerper and Councilmember Keith Bohr transmitting the following Statement of Issue: Approve a City Council position on legislation pending before the federal, state or regional governments as recommend by the City Council Intergovernmental Relations Committee, and authorize the Mayor to communicate the city's position to the elected members of the state or federal legislators, governmental task force, or regional body. Funding Source: N/A ATTACHMENT 1 RESOLUTION NO. 2 0 0 5-5 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING A SURPLUS OF FUNDS FROM ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR HILL)AND ORDERING THE DISPOSITION OF SAID FUNDS WHEREAS,the City Council of the City of Huntington Beach adopted Resolution No. 59-26 which declared its intention to order the acquisition and improvement proceeding of the Assessment District No. 88-1, under the provisions of the Municipal Improvement Act of 1913; and By its bond indenture, adopted on December 19, 1988, the City Council authorized the issuance of improvement bonds under the provisions of the Improvement Bond Act of 1915 to represent unpaid assessments in the amount of$1,653,904.59; and The payment of all bonds and interest has been completed, and as of December 31, 2004, the remaining fund balance is $62,545.71, NOW,THEREFORE,the City Council declares the balance of the remaining funds to be surplus, and in accordance with Section 8784 of the Streets and Highways Code of California, orders disposition of the surplus to the City's Infrastructure Fund. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of September 200 5 Ar REVIEWED AND APPROVED: APPROVED AS TO FORM: c_ Pity Ad nistrator Ci y Attorney INITIATED AND APP VED: inance Officer 05reso/surplus Res. No. 2005-59 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN 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 an regular meeting thereof held on the 6th day of September, 2005 by the following vote: AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr NOES: None ABSENT: None ABSTAIN: Cook .00 Cit Jerk and ex-officio 6erijof the City Council of the City of Huntington Beach, California ATTACHMENT 2 y CITY OF HUNTINGTON BEACH Y' INTERDEPARTMENTAL COMMUNICATION TO: PENELOPE CULBRETH GRAFT,DPA, CITY ADMINISTRATOR FROM: DAN T.VILLELLA,CPA,FINANCE OFFICER SUBJECT: FIS 2005-24 ADOPT RESOLUTION NO. 2005- DETERMINING SURPLUS FUNDS AND DISPOSITION OF SURPLUS AMOUNT FOR THE CITY OF HUN INGTON BEACH ASSESSMENT DISTRICT NO. 88- 1 (RESERVOIR HILL) DATE: JULY 12,2005 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Adopt Resolution No 2005- ri q Determining Surplus Funds and Disposition of Surplus Amounts for the City of Huntington Beach Assessment District NO. 88-L" If the City Council approves this action (total appropriation $62,500) ,the fund balance of the Reservoir Hill Debt Service Fund will be reduced to zero. an Villella, Finance Officer ATTACHMENT 3 City of Huntington Beach Assessment District No. 88-1 (Reservoir Hill) District Closeout Analysis & Findings Report FINAL VERSION: April 2005 Prepared by NIBIS Corporate Office Regional Office 41661 Enterprise Circle North,Suite 225 870 Market Street, Suite 901 Temecula, CA 92590 San Francisco, CA 94102 (800) 676-7516 phone (800)434-8349 phone (951) 296-1998 fax (415)391-8439 fax City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Phone-(714)536-5511 Fax-(714) 374-1571 CITY COUNCIL Jill Hardy,Mayor Dave Sullivan, Mayor Pro Tern Keith Bohr, Council Member Gil Coerper, Council Member Debbie Cook, Council Member Cathy Green, Council Member Don Hansen, Council Member CITY STAFF Arnold Ross, Senior Accountant Finance Division BOND COUNSEL Brown &Diven Santa Fe,California DISTRICT CLOSEOUT CONSULTANT NBS 41661 Enterprise Circle North,Suite 225 Temecula, CA 92590 (800)676-7516 www.nbsgov_com TABLE OF CONTENTS 1. ARBITRAGE REBATE OPINION.........................................................................1 2. FUND ANALYSIS ...................................................................................•.............2 3. RESOLUTION DECLARING SURPLUS..............................................................3 4. SURPLUS FUND RECOMMENDATION..............................................................4 NBS has retied upon information provided by sources which are believed to be reliable without independent verification,and we express no opinion as to the completeness,accuracy or suitability of such information_ EXECUTIVE SUMMARY The City of Huntington Beach retained NBS to perform a district closeout analysis and prepare an Analysis and Findings Report for Assessment District No_ 88-1 (Reservoir Hill)_ NBS compared projected District funds available in the amount of $65,545.71 to projected fund uses of $3,000 to arrive at a surplus balance of $62,545.71_ Remaining 2003/04 levy collections, Rebate Fund monies, as well as minimal Redemption and Reserve Fund monies were the sources of revenue used in this analysis_ Projected expenditures included administration costs and report preparation fees. An opinion was provided by Bond Logistix with respect to the arbitrage rebate liability of the District. The opinion stated that the City of Huntington Beach (the "Issuer") is not required to make payment for arbitrage liability to the United States; due to this fact arbitrage rebate payments were not included in the projected expenditures used to calculate the surplus amount. The opinion letter is included in this report for reference purposes_ This report determines the best use of surplus funds in accordance with the applicable laws and directs the City in the process required for the expenditure of these funds_ Any actions taken from the information or recommendations in this report should first be reviewed and approved by legal Bond Counsel_ i t {{ 2711 North Plaskett Avenue } o N o L 0 G I S 1 1 X Suite 2600 SW MIGHT, INNOVATdOU.MTKORAT10m _ Dallas,Texas75204 Phone 214 989 2723 Fax 214 989-2712 www.bondlegistix.com February 13,2004 City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 Re: $1,653,904.59 City of Huntington Beach (Orange County,California) Limited Obligation Improvement Bonds Assessment District No_ 88-1 (Reservoir Hill) Computation Period:January 26, 1989 through January 25,20Q4 Ladies and Gentlemen: This report (the "Report"), which is being delivered to you pursuant to our engagement Ietter, consists of computations and the assumptions on which such computations are based with respect to the rebate liability of the City of Huntington Beach(the"Issuer")in connection with the above-captioned issue (the 'Bonds")for the above-referenced period(the"Interim Computation Period"). The computations herein are based on an analysis of existing laws, regulations,and rulings.. The Department of the Treasury ("Treasury") may publish additional regulations and supplement, amend, or interpret such laws, regulations, and rulings from time to time, with the result that the amount of rebate liability described in the Report may be subject to adjustment under such future pronouncements_ The scope of our engagement was limited to preparing the Report, based on information supplied to us by you_ In addition, this Report is largely based upon infomiation as set forth in the prior arbitrage rebate report dated March 17, 2002, prepared by First Southwest Asset Management, Inc (the "Prior Report") which we have relied upon without independent confirmation, verification or investigation of the information set forth therein_ Except as specifically noted herein, we have not recalculated or reconfirmed any calculations, assumptions, or tax analyses as set forth in such Prior Report, nor have we consulted with the Issuer or bond counsel or examined source documents or materials with respect to the matters or information set forth in the Prior Report_ As such, the scope of our engagement was limited to making calculations of rebate liability from the last computation date as set forth in the Prior Report, September 30, 2001 (the"Prior Computation Date"). Among other matters,we relied upon information regarding the cumulative rebate liability as set forth in the Prior Report, and the value of nonpurpose investments as of the Prior Computation Date were relied upon as fact. Consequently,the only investments treated as being subject to the rebate requirement with respect to the Bonds were those valued (by treating such investments as nonpurpose receipts) on he Prior Computation Date as set forth in the Prior Report_ Unless specifically addressed herein, no other proceeds or amounts were treated as gross proceeds of the D A I t. A S L 0 S ANGFLE S NEW YOR K SA N FP NICtSCO j City of Huntington Beach MUD i! L I1 S t S T t X ut February 13, 2004 NI:ILMf MWK�FTKK !19TdGRwi1DK_ Page 2 Bonds by consequence of transferred or replacement proceeds since the Prior Computation Date as set forth in the Prior Report. In accordance with our engagement letter (which is incorporated herein by reference), our engagement did not include determination of whether securities allocable to proceeds of the Bonds were purchased at fair market value within the meaning of the Treasury Regulations, or an audit or review of the investments acquired with gross proceeds or the payment of debt service on the Bonds. With your permission, we have relied entirely on information provided by you and contained in the Prior Report without independent verification,and we express no opinion as to the completeness,accuracy,or suitability of such information for purposes of calculating rebate liability with respect to the Bonds_ We have undertaken no responsibility to audit or review the tax-exempt status of interest on the Bonds or any other aspect of the Bond program_ We are under no obligation to consider any information obtained by us pursuant to this engagement for any purpose other than determining such rebate liability. Also, we have no obligation to update this Report because of any events occurring, changes in existing laws,regulations, or rulings or interpretations thereof,or data or information received, subsequent to the date hereof_ For the Interim Computation Period January 26, 1989 through January 25, 2004: Allowable Yield on Investments_ 7.908153% Rebate Payment Due: 0.00 As set forth on Schedule A hereof,no payment is required to be made to the United States on or before March 25, 2004 (60 days after January 25, 2004, the end of the fifteenth Bond Year)_ As no payment is due to the United States, no Internal Revenue Service Form 8038-T need be filed_ The next rebate installment payment will be due not later than March 25, 2009 (60 days after January 25,2009,the end of the twentieth Bond Year)_ Should the Bonds be retired prior to January 25, 2009, I00% of the Cumulative Rebate Liability (reduced by any applicable computation date credits) as of such retirement date will become due and payable within 60 days. This Report is not to be used, circulated, quoted, referred to, or relied upon by any other person without our express written pemrission Very truly yours, Bond Logistix LLC 6125416 CITY OF HUNTINGTON BEACH Assessment District No. 88-1 Close Out Analysis District Funds Available City-held Funds (levy revenues) 12/31/04 $51,307.92 Trustee-held Funds Balance 12/31/04: Rebate Funds 14,147.31 Redemption Funds 6.70 Reserve Funds 83.78 Subtotal District Funds $65,545.71 Total Funds Available $65,545.71 Fund Uses Arbitrage Liability $0.00 Estimated NBS Administration Costs 0.00 Estimated City Administration Costs (1,000.00) Arbitrage Fee 0.00 NBS Closeout Fee 2 000.00 Subtotal Fund uses ($3,000.00) Total Funds Used (3,000.001 Remaining Funds after District retirement $62,545.71 SURPLUS FUNDS RECOMMENDATION According to the Bond Indenture the Fiscal Agent was instructed to transfer investment earnings from the various funds created pursuant to the Indenture, to the Rebate Fund, for purposes of ultimate rebate to the United States. As evidenced in the Arbitrage Rebate Opinion of this report, the City of Huntington Beach is not required to make payment for arbitrage liability_ The Bond Indenture sets forth: "except as provided in Section 18 with respect to the Reserve Fund and Section 19 with respect to the Rebate Fund, all investment earnings on monies held under this Indenture shall, prior to the earlier of_ (i) substantial completion of the works of improvement, which shall be established by receipt by Fiscal Agent of a written notice signed by the Treasurer of the Issuer stating that the authorized improvements have been completed; (ii) February 15, 1992; or (iii) the date of which an amount equal to the Bond proceeds allocable to the works of improvement and authorized incidental expense have been expended ("Completion Date"), be deposited into the Improvement Fund. After the Completion Date, all such investment earnings shall be deposited in the Redemption Fund". All monies which are City held are levy collections distributed from Orange County and shall be transferred to the Assessment District No. 88-1 Redemption Fund to be declared surplus and expended in the following manner. Per Section 8784 of the Streets and Highways Code of California, surplus in the Redemption Fund after the payment of all bonds and interest should be distributed in the following order: 1_ Repayment to the City of any funds advanced, less its recovery on the sale or redemption of the properties assessed and costs incurred. 2. Repayment to persons paying supplemental assessments. 3. Proportional credit to the final annual assessment levies with a refund given to paid off assessments. 4. The balance transferred to the general fund of the City instead of number 3 above. Based on the aforementioned Section of the Code and per verbal discussion with legal counsel, the City of Huntington Beach may transfer available Rebate, Reserve, and Redemption surplus funds to the City's general fund upon approval by City Council. Please note no formal legal opinion was provided in writing regarding the use of available funds_ RCA ROUTING SHEET INITIATING DEPARTMENT: FINANCE SUBJECT: Adopt Resolution -Surplus Funds/Disposition Amount Assessment District No. 88-1 Reservoir Hill COUNCIL MEETING DATE: September 6, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Appiicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorne ) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attorne Attached ( Pp Y Y Y) Not Applicable Attached Fiscal Impact Statement (Unbudget, over $5,000) Not A plicable ❑ Attached ❑ Bonds (If applicable) Not Applicable Attached ❑ Staff Report (If applicable) Not A licable Commission, Board or Committee Re ort If applicable Attached ❑ p ( pp ) Not Applicable Find in s/Conditions for Approval and/or Denial Attached Li g pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORVARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ) L City Administrator Initial City Clerk ( ) j EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Arnie Ross, Sr. Accountant RESOLUTION NO. 2005-59 A RESOLUTION OF THE CITY COUNCIL F THE CITY OF HUNTINGTON BEACH DEC ARING A SURPLUS OF FUNDS FROM ASSESSME DISTRICT NO. 88-1 (RESERVOIR HILL)AND ORD RING THE DISPOSITION OF SAID F S WHEREAS,the City Council of the City of Hun 'ngton Beach adopted Resolution No. 59-26 which declared its intention to order the acquisit' n and improvement proceeding of the Assessment District No. 88-1,under the provisions o the Municipal Improvement Act of 1913; and By its bond indenture, adopted on Dece er 19, 1988,the City Council authorized the issuance of improvement bonds under the pro sions of the Improvement Bond Act of 1915 to represent unpaid assessments in the amount $1,653,904.59; and d The payment of all bonds and inte est has been completed, and as of December 31, 2004, the remaining fund balance is $62,545.7 , NOW, THEREFORE, the Cit Council declares the balance of the remaining funds to be surplus, and in accordance with Sec�ion 8784 of the Streets and Highways Code of California, orders disposition of the surplus t /the City's General Fund. PASSED AND ADOPT D by the City Council of the City of Huntington Beach at a regular meeting NCY el v f , 200_ ftN KEN Mayor REVIEWED AND APROVED: APPROVED AS TO FORM: City Ad inistrat r $1'10 ty Attorney INITIAT D AND APPROVED: 1 finance Officer iPi/ 5" 05reso/surplus RESOLUTION NO. 2 0 0 5-5 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING A SURPLUS OF FUNDS FROM ASSESSMENT DISTRICT NO. 88-1 (RESERVOIR HILL) AND ORDERING THE DISPOSITION OF SAID FUNDS WHEREAS, the City Council of the City of Huntington Beach adopted Resolution No. 59-26 which declared its intention to order the acquisition and improvement proceeding of the Assessment District No. 88-1, under the provisions of the Municipal Improvement Act of 1913; and By its bond indenture, adopted on December 19, 1988, the City Council authorized the issuance of improvement bonds under the provisions of the Improvement Bond Act of 1915 to represent unpaid assessments in the amount of$1,653,904.59; and The payment of all bonds and interest has been completed, and as of December 31, 2004, the remaining fund balance is $62,545.71, NOW, THEREFORE, the City Council declares the balance of the remaining funds to be surplus, and in accordance with Section 8784 of the Streets and Highways Code of California, orders disposition of the surplus to the City's Infrastructure Fund. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of September , 200 5 r REVIEWED AND APPROVED: APPROVED_ AS TO FORM: Pity Ad nistrator jiyAttorney INITIATED AND APP VED: inance Officer 05reso/surplus Res. No. 2005-59 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 an regular meeting thereof held on the 6th day of September, 2005 by the following vote: AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr NOES: None ABSENT: None ABSTAIN: Cook Cit Jerk and ex-officio erk of the City Council of the City of Huntington Beach, California