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HomeMy WebLinkAboutCity Council - 2022-25 RESOLUTION NO. 2022-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPOINTING ALFRED ZELINKA AS CITY MANAGER WHEREAS, Article II, Section 200 of the City Charter ("Charter") of the City of Huntington Beach provides for a Council-Manager form of government; and Article IV, Sections 400 and 401 of the Charter set forth the selection process as well as the duties and obligations of the City Manager; and The City Council of the City of Huntington Beach has conducted a national search to fill the City's top administrative position of City Manager; and The City Council has sought candidates for the City Manager position based on the duties and qualifications set forth in the City Charter of the City of Huntington Beach; and The City Council of the City of Huntington Beach desires to appoint Mr. Alfred (Al) Zelinka to the position of City Manager for the City of Huntington Beach,effective June 27,2022; and Mr. Zelinka desires to provide said services as City Manager to the City under the terms and conditions set forth in the Agreement attached to this Resolution as Exhibit A; and Mr. Zelinka represents that he is willing and qualified to provide such services to the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it hereby approves the attached Employment Agreement with Mr. Zelinka shown as Exhibit A to this Resolution. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of May, 2022 kah Mayor tj u REV EW D AND APPROVED: APPROVED ORM: Interim City Manager(/ :. INITIATED Attorney J/AND APPROVED: 1 °l�" Director of Administrative Services 22-11308/282262 Resolution No. 2022-25, Ex. A EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALFRED ZELINKA FOR THE OFFICE OF CITY MANAGER Following the City Council's adoption of Resolution 2022-25,this AGREEMENT is made and entered into this 3rd day of May, 2022, by and between the CITY OF HUNTINGTON BEACH, a California Municipal Corporation, hereinafter referred to as "CITY," and Alfred (Al) Zelinka, hereinafter referred to as "MR. ZELINKA." CITY and MR. ZELINKA may be collectively referred to as "Parties." RECITALS WHEREAS, the City Council of the City of Huntington Beach has conducted a national search to fill the CITY's top administrative position of City Manager; and WHEREAS, the City Council has sought candidates for the City Manager position based on the duties and qualifications set forth in the City Charter of the City of Huntington Beach; and WHEREAS, per City Charter Section 400 (c), the candidate selected was chosen on the basis of his executive and administrative qualifications, including his actual experience in and knowledge of accepted practice as regards the duties of the office of City Manager; and WHEREAS, the City Council desires to retain the services of MR. ZELINKA as City Manager for the City of Huntington Beach; and WHEREAS, the City Council desires to provide certain benefits, establish certain conditions of employment, and to establish working conditions for MR. ZELINKA; and WHEREAS,MR. ZELINKA desires to provide said services as City Manager to the CITY under the terms and conditions hereinafter set forth; and WHEREAS, MR. ZELINKA represents that he is willing and qualified to provide such services to the CITY; 1 Alfred Zelinka Employment Agreement 2022 THEREFORE, in consideration of the mutual covenants and promises hereinafter contained and made subject to all of the terms and conditions hereof, the Parties hereto do hereby agree as follows: SECTION 1. DUTIES. (a) The CITY hereby agrees to retain the services of MR. ZELINKA as City Manager to perform the proper administration of all affairs of the CITY, including the functions and duties specified in Section 401 of Article IV of the Huntington Beach City Charter, as of the date of this AGREEMENT and as may be amended in the future, and to perform other legally permissible and proper duties and functions as designated by the City Council from time to time. (b) MR. ZELINKA shall prepare and implement an annual plan of Organizational Goals and Objectives which may be incorporated into an annual evaluation tool to assess performance. (c) MR. ZELINKA may exercise only those powers expressly granted to him as City Manager through the Huntington Beach City Charter, the Huntington Beach Municipal Code, this AGREEMENT, any Resolution, or any minute action of the City Council. (d) MR. ZELINKA will conscientiously and loyally perform all of the duties, expressed or implied, required of him by the terms of this AGREEMENT, the Huntington Beach City Charter, the Huntington Beach Municipal Code, and the duties that may be delegated to him by the City Council. (e) MR. ZELINKA understands and agrees that he shall: i. Devote his time, ability, and attention to matters of CITY and the City Council of not less than the regular business hours of the CITY. ii. Perform his duties within the budget adopted by the City Council. 2 Alfred Zelinka Employment Agreement 2022 (f) Both Parties acknowledge that employees generally, including but not limited to MR. ZELINKA, are most productive when they maintain a work-life balance that enables them to meet their responsibilities outside work while also upholding their responsibilities in the workplace. Further, both Parties acknowledge that increasingly the opportunity to achieve a work-life balance can be as important a factor as pay and benefits. To this end, the City Manager will reinforce work-life balance throughout the City organization consistent with workplace responsibilities and City Council priorities. SECTION 2. TERMS OF AGREEMENT (a) MR. ZELINKA agrees to remain in the exclusive employment of the CITY and not to become otherwise employed while this AGREEMENT is in effect. MR. ZELINKA agrees that any other employment engaged in by him shall not interfere with the performance of his duties under this AGREEMENT. The term "employment" (and derivations of that term) shall include employment by another legal entity or self-employment. However,the term shall not be construed to include occasional teaching, writing, or military reserve service performed on MR. ZELINKA's time off, and with advance approval of the City Council. (b) CITY hereby appoints and retains MR. ZELINKA to serve as City Manager for the City of Huntington Beach and MR. ZELINKA hereby accepts such employment with the CITY beginning on June 27, 2022, or such earlier date that MR. ZELINKA and CITY agree, and continuing until MR. ZELINKA or City Council terminates this AGREEMENT pursuant to Section 3. (c) The term of this AGREEMENT shall be for four(4)years, commencing on June 27, 2022, and ending on June 26, 2026, unless extended or terminated as provided herein. On or by June 27, 2023, and annually on each succeeding June 27'' while this AGREEMENT is 3 Alfred Zelinka Employment Agreement 2022 effective, the Term of this AGREEMENT shall be automatically extended by one (1) additional year. For example, on June 27, 2023, the Term of this Agreement shall be automatically extended until June 26,2027;and so on,unless prior to such date by majority vote of the total membership of the City Council at a regular meeting and in compliance with the City Charter, including Charter Section 404(d), the City Council takes formal action to declare its intention to not extend this AGREEMENT for one additional year. Any such decision by the City Council to not extend the Term by one additional year shall modify only this Section 2(c) of this Agreement and shall not constitute a termination for purposes of Section 3(b) of this AGREEMENT. The Parties make no representation with respect to whether such action by the City Council would amount to an adverse employment action. (d) This AGREEMENT in its entirety may be renegotiated at any time so long as CITY and MR. ZELINKA desire and mutually agree to such terms in writing. (e) The City Council shall conduct a performance evaluation of MR. ZELINKA not less than twelve(12) months after commencement of MR. ZELINKA's term of employment, and annually thereafter by no later than June 30th in each year during the Term of this AGREEMENT. The annual performance evaluation shall include goals set forth by the City Council. However, MR. ZELINKA acknowledges and accepts the fact that the City Council as an employer has the right to schedule an evaluation session at any time in accordance with the notice and all other requirements of the Brown Act. As a result of the performance evaluation and at the City Council's sole discretion, the City Council may provide a salary increase and/or performance bonus. 4 Alfred Zelinka Employment Agreement 2022 SECTION 3. TERMINATION (a) This AGREEMENT may be terminated by the City Council for Cause or misconduct by MR. ZELINKA. After giving notice to MR. ZELINKA that this AGREEMENT is terminated for Cause or misconduct, the CITY shall have no obligation to continue the employment of MR. ZELINKA or to provide compensation or benefits, including severance. For purposes of termination, "Cause" is defined as willful breach of duty by MR. ZELINKA in the course of employment or habitual neglect of duty by MR.ZELINKA in the course of employment or continued Incapacity of MR. ZELINKA to perform the duties of employment as City Manager. In addition, Cause is defined only as: i. MR. ZELINKA entering a guilty plea or plea of nolo contendre to, or being convicted of, an offense which is a felony or crime of moral turpitude in the State of California; ii. MR. ZELINKA's willful misconduct or gross negligence; iii. MR. ZELINKA's act of material dishonesty with or theft from the CITY; iv. MR. ZELINKA is determined by a court of competent jurisdiction or the State of California's Fair Political Practices Commission (FPPC) to have knowingly and unlawfully participated in a governmental decision in which he had a conflict of interest as defined in Government Code Section 87100 et seq. or Government Code Section 1090 et seq. V. Failure to follow a lawful directive of the City Council after written notice of said failure is provided to MR. ZELINKA approved by four (4) or more affirmative votes of the Council's seven(7) members. vi. Continued abuse of drugs or alcohol that materially affects the performance of MR. ZELINKA's duties. 5 Alfred Zelinka Employment Agreement 2022 vii. Repeated and unexcused absences from the City Manager's Office and duties. viii. Violation of any provision of the ICMA Code of Ethics for which the ICMA has sanctioned MR. ZELINKA. (b) This AGREEMENT may be terminated by the City Council Without Cause at any time. If MR. ZELINKA is terminated by the City Council Without Cause,then MR. ZELINKA is entitled to severance pay as follows: Twelve (12) months' base salary and benefits if terminated Without Cause during the first eighteen (18) months of MR. ZELINKA's employment; then nine (9) months' base salary and benefits if terminated Without Cause during the subsequent eighteen(18)months of MR. ZELINKA's employment;then six(6) months' base salary and benefits if terminated Without Cause during the thirty-seventh (37th) month and subsequent months of MR. ZELINKA's employment. MR. ZELINKA shall also be entitled to payout of any unused accrued vacation leave, but no payout for accrued but unused sick leave or executive leave shall be made at termination. (c) In the event the AGREEMENT is terminated by the City Council Without Cause, MR. ZELINKA shall have the option to receive severance pay in either a lump sum or may continue to be paid on the normal payroll schedule until all severance pay has been provided. (d) MR. ZELINKA may voluntarily terminate this AGREEMENT any time upon forty-five (45) days' written notice to the City Council and shall not be entitled to any severance pay or benefits upon such voluntary termination. City Council maintains discretion to accept MR. ZELINKA's resignation immediately, and forego the notice period, upon forty-five (45) days' pay in lieu of notice. (e) In the event MR. ZELINKA is unable to perform the duties and functions consistent with the Office of the City Manager due to serious illness, injury, impairment, or physical or 6 Alfred Zelinka Employment Agreement 2022 mental condition for a period of three consecutive months, beyond MR. ZELINKA's full use of any provided or earned leave, MR. ZELINKA may be terminated due to Incapacity. Upon termination due to Incapacity, MR. ZELINKA shall be entitled to six months' salary minus any disability insurance proceeds received by MR. ZELINKA. (f) No action by the City Council to terminate MR. ZELINKA, other than for Cause, will be made within ninety (90) calendar days either before a City general municipal election or ninety (90) calendar days immediately following a City general municipal election. (g) With the exception set forth in Subsection (f) above, nothing in this AGREEMENT shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of MR. ZELINKA at any time, at the sole discretion of the City Council, in accordance with the Huntington Beach City Charter, as the same may be amended from time to time, and in accord with the provisions contained herein. (h) Communications in the Event of Termination. In the event the CITY terminates MR. ZELINKA for any reason or no reason, the CITY and MR. ZELINKA agree that no member of the City Council or CITY employees acting on behalf of the CITY shall make any written, oral, or electronic statement to any member of the public, the press, or any CITY employee concerning MR. ZELINKA' s termination except in the form of a joint statement, which is mutually agreeable to the CITY and MR. ZELINKA. The joint statement shall not contain any text or statement that is disparaging to either Party. Either Parry may verbally repeat the substance of the joint statement in response to any inquiry. SECTION 4. COMPENSATION MR. ZELINKA shall receive, as starting salary for his performance of the duties of City Manager, the sum of$320,000.00 per year, payable in installment payments in the same manner and same times as the salaries of other members of the CITY's Executive Management are paid. 7 Alfred Zelinka Employment Agreement 2022 SECTION 5. EMPLOYEE BENEFITS. (a) Except as otherwise provided herein, MR. ZELINKA shall be granted the same package of benefits as is being provided to CITY's Executive Management employees on the effective date of this AGREEMENT. All future changes to the package of benefits provided to CITY's Executive Management employees shall apply to the level of benefits for MR. ZELINKA unless the Parties otherwise agree. All such benefits, and the benefits described hereunder shall be deemed "fringe benefits" herein. This includes the CITY's continued participation and contributions of CITY obligations to the Public Employees Retirement System (PERS), group health, dental, and related insurance programs (family coverage) in accordance with the PERS contract with CITY. MR. ZELINKA shall be enrolled in the Ca1PERS 2.5% at 55 retirement plan, and MR. ZELINKA shall pay the employee contribution percentage provided for in the current salary resolution, as same may be amended from time to time in the future. At the date of this AGREEMENT, the MR. ZELINKA's contribution percentage is eight percent (8%) of salary. (b) In lieu of mileage reimbursement, CITY agrees to provide MR. ZELINKA with an automobile allowance in the amount of Four Hundred Fifty Dollars ($450.00) per month for business. Such allowance shall be paid together with customary monthly payroll practices. MR. ZELINKA will primarily use MR. ZELINKA's personal auto for CITY business, and will use CITY vehicles on an exception basis only. This provision does not in any way restrict MR. ZELINKA's use of his personal automobile for personal use. (c) Leave. i. General Leave. MR. ZELINKA shall accrue, and have credited to his personal account, General Leave starting at the rate of a 15+year employee of the CITY (as of the date of this AGREEMENT, this amount is 256 hours per year). MR. 8 Alfred Zelinka Employment Agreement 2022 ZELINKA shall be credited with a General Leave bank of one hundred(100)hours upon commencement of employment. This credited General Leave will not be subject to pay at separation if MR. ZELINKA separates from employment for any reason during the first eighteen(18) months of this AGREEMENT. ii. Executive Leave. MR. ZELINKA shall be credited with an Executive Leave bank of one hundred(100)hours upon commencement of employment. MR. ZELINKA shall be credited with one hundred (100) hours Executive Leave per year automatically. Executive Leave is not intended to create a cash benefit. MR. ZELINKA shall not take Executive Leave as cash/cash out at any time. (d) MR. ZELINKA shall receive a Two Thousand Dollar ($2,000.00) wellness allowance on an annual basis on January 1st of each year of this AGREEMENT to be spent on health and fitness programming or equipment. (e) MR. ZELINKA shall also be entitled to holidays, Leave Without Pay, and Bereavement Leave on the same basis as Executive Management employees of CITY are receiving. Any future change to the holiday or leave benefits provided to CITY's Executive Management employees shall apply to the level of holiday or leave benefits for MR. ZELINKA unless the Parties otherwise agree. (f) CITY shall bear the full cost of any fidelity or other bonds required of MR. ZELINKA relating to his service as City Manager under any law or ordinance. SECTION 6. MEMBERSHIP AND SUBSCRIPTIONS (a) CITY agrees to budget and pay professional dues and subscriptions on behalf of MR. ZELINKA which are reasonably necessary for MR. ZELINKA's continued participation in national, regional, state, or local associations and organizations necessary and desirable for MR. ZELINKA's continued professional participation,growth,and advancement or for 9 Alfred Zelinka Employment Agreement 2022 the good of CITY including the International City/County Management Association (ICMA), the California City Management Foundation (CCMF), National Main Street Center, American Planning Association, Urban Land Institute, and the League of California Cities. Furthermore, CITY shall budget and pay for the professional dues and subscriptions to such additional organizations as approved by the City Council. (b) CITY agrees to budget and pay the travel and subsistence expenses of MR. ZELINKA for official travel, meetings, and occasions reasonably adequate to continue the professional development of MR. ZELINKA and reasonably pursued necessary official and other functions for CITY, such as the annual conference of the International City/County Management Association (ICMA), the annual conferences of the American Planning Association (APA) and the California Chapter of APA, conferences of the League of California Cities, meetings of the Orange County City Managers Association (OCCMA), meetings of the California Planning Roundtable (CPR), and other such national, regional, state, and local government groups and committees of which MR. ZELINKA serves as a member, as approved by City Council. (c) MR. ZELINKA shall be subject to the CITY's Travel and Meeting Reimbursement Policy. SECTION 7. FINANCIAL DISCLOSURE (a) MR. ZELINKA shall report to the CITY any ownership interest in real property within the County of Orange, excluding MR. ZELINKA's personal residence. Also, MR. ZELINKA shall report to the CITY any financial interest greater than Ten Thousand Dollars ($10,000.00) in value in a firm doing work for the CITY or from which the CITY intends to make a purchase. Such reporting shall be made in writing by MR. ZELINKA to the CITY within ten (10) calendar days of the execution of this AGREEMENT and, further, within ten (10) calendar days of the acquisition of that interest in real property. 10 Alfred Zelinka Employment Agreement 2022 Additionally, MR. ZELINKA shall report in writing to the CITY any financial interest greater than Ten Thousand Dollars ($10,000.00) in value in a firm doing work with the CITY or from whom the CITY intends to make a purchase immediately upon notice of the intended work or purchase. (b) MR. ZELINKA shall complete and file all required Fair Political Practices Commission (FPPC) forms, including Form 700 Statement of Economic Interests. SECTION 8. INDEMNIFICATION Subject to the provisions of this AGREEMENT, CITY shall defend, save harmless, and indemnify MR. ZELINKA against any claim for negligent tort or omissions,professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged negligent act or omission occurring in the performance of his duties as City Manager in accordance with the provisions of California Government Code Section 825. Said indemnification shall extend beyond termination of employment to provide full and complete protection to MR. ZELINKA by CITY for any acts undertaken or committed in his capacity as City Manager, regardless of whether the notice of filing of a lawsuit for such tort, claim, demand, or other legal action occurs during or following employment with CITY. SECTION 9. CONFIDENTIALITY MR. ZELINKA acknowledges that in the course of his employment with the CITY, MR. ZELINKA will be given access to or will have access to confidential and proprietary documents and information relating to the CITY, its residents, businesses, employees, and customers ("Confidential Information"). Such Confidential Information may include, but is not limited to, all information given to or otherwise accessible to MR. ZELINKA that is not public information or would be exempt from public disclosure as confidential, protected, exempt, or privileged information. MR.ZELINKA shall hold all Confidential Information in trust for the CITY's benefit 11 Alfred Zelinka Employment Agreement 2022 and shall not disclose the Confidential Information to others without the expressed written consent of the CITY. All Confidential Information shall be promptly returned to the CITY immediately upon the effective date of any termination or resignation. SECTION 10. NOTICES Any notices to be given hereunder by either Party to the other shall be in writing and may be transmitted by personal delivery or by mail,postage prepaid. Mailed notices shall be addressed to the Parties as follows: If sent by MR. ZELINKA to CITY: City of Huntington Beach Human Resources Office 2000 Main Street Huntington Beach, California 92648 If sent to MR. ZELINKA by CITY: To MR. ZELINKA's address on file with the Human Resources Office Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of postmark. SECTION 11. ATTORNEY'S FEES In the event any legal proceeding is instituted to enforce any term or provision of the AGREEMENT, the prevailing Party in said legal proceeding shall not be entitled to recover attorney's fees and costs from the opposing Party. SECTION 12. REIMBURSEMENT TO CITY REQUIRED Notwithstanding the foregoing, the following provisions requiring reimbursement for certain compensation and/or indemnification provided to MR. ZELINKA by the CITY apply: (a) Paid Leave. Pursuant to Government Code section 53243,in the event that MR.ZELINKA is convicted of a crime involving the abuse of his office or position, as defined by 12 Alfred Zelinka Employment Agreement 2022 Government Code section 53243.4, with the CITY, any paid leave or salary provided by the CITY for the time period in which the MR. ZELINKA is under investigation for such crimes shall be fully reimbursed by MR. ZELINKA to the CITY. (b) Legal Defense. The City will not pay for any legal defense for allegations that MR. ZELINKA committed a crime. However, pursuant to Government Code section 53243.1, in the event that MR. ZELINKA is convicted of a crime involving abuse of his office or position, as defined by Government Code section 53243.4, MR. ZELINKA shall fully reimburse the CITY for any costs provided at CITY expense. (c) Severance. Pursuant to Government Code section 53243.2, in the event that MR. ZELINKA is convicted of a crime involving abuse of his office or position, as defined by Government Code section 53243.4,MR. ZELINKA shall fully reimburse the CITY for any cash settlement, including but not limited to severance pay,paid to MR. ZELINKA related to his termination under this AGREEMENT. SECTION 13. ENTIRE AGREEMENT This AGREEMENT supersedes any and all other agreements whether oral or written, between the Parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the Parties with respect to said matter, and each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein,and that any other agreement or modification of this AGREEMENT shall be effective only if executed in writing and signed by both CITY and MR. ZELINKA. SECTION 14. VALIDITY The validity in whole or in part of any provision of this AGREEMENT shall not void or affect the validity of any of the other provisions of this AGREEMENT. 13 Alfred Zelinka Employment Agreement 2022 SECTION 15. AGREEMENT VOLUNTARY AND KNOWING MR. ZELINKA agrees and acknowledges that he has had an opportunity to consult legal counsel in regard to this AGREEMENT,that he has read and understands this AGREEMENT,that he is fully aware of its legal effect, and that he has,entered into it freely and voluntarily and based on his own judgment and not on any representation or promises other than those contained in this AGREEMENT. MR. ZELINKA agrees that this AGREEMENT should be interpreted as if mutually prepared and without the same being construed for or against any Party. SECTION 16. GOVERNING LAW This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. SECTION 17. EFFECT OF WAIVER The failure of either Parry to insist on strict compliance with any of the terms, covenants, or conditions of this AGREEMENT by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be signed and executed on its behalf by its City Council, and MR. ZELINKA has signed and executed this AGREEMENT, both in duplicate,the day and year first above written. CITY MANAGER: CITY F H TINGT B A Alfred Zelinka Mayor Barbara Delgleize APPROVED ORM: City ttorney 14 Alfred Zelinka Employment Agreement 2022 COUNTERPART SECTION 15. AGREEMENT VOLUNTARY AND KNOWING' MR. ZELINKA agrees and acknowledges that he has had an opportunity to consult legal counsel in regard to this AGREEMENT,that he has read and understands this AGREEMENT,that he is fully aware of its legal effect, and that he has,entered into it freely and voluntarily and based on his own judgment and not on any representation or promises other than those contained in this AGREEMENT. MR. ZELINKA agrees that this AGREEMENT should be interpreted as if mutually prepared and without the same being construed for or against any Party. SECTION 16. GOVERNING LAW This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. SECTION 17.EFFECT OF WAIVER, The failure of either Party to insist on strict compliance with any of the terms,,covenants, or conditions of this AGREEMENT by the other Party shall not be deemed,a waiver of that term, covenant, or condition; nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that-right or power for all or any other times. IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be signed and executed on its behalf by its City Council, and MR..ZELINKA has signed and executed this AGREEMENT,both in.duplicate,the day and year first above written. CITY M R: CIT F ING B 'A • Alfred Zelinka Mayor Barbara,Delgleize APPROVED QRM: 'Irity ttorney ,(tl l4 Alfred ZeIinka Employment Agreement 2022 COUNTERPART Res. No. 2022-25 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution 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 May 3, 2022 by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California