HomeMy WebLinkAbout16 ECONOMIC STIMULUS - DEV FEES 10-07-08AGENDA REPORT
MEETING DATE: OCTOBER 7, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: ECONOMIC STIMULUS PROGRAM FOR NEW RESIDENTIAL
DEVELOPMENTS
SUMMARY:
Pursuant to provisions of the Tustin City Code, development impact fees are required to
be paid by the developers of new residential developments at the time of permits
issuance. Due to recent changes in economic conditions relating to housing market, on
August 6, 2008, the Building Industry Association of Southern California Orange County
Chapter (BIA/OC) requested the City to adopt a policy to defer the collection of
development impact fees until the issuance of a Certificate of Occupancy or final
inspection consistent with Assembly Bill (AB) 2604 enacted on August 1, 2008.
RECOMMENDATION
That the City Council adopt Resolution No. 08-72 creating an economic stimulus
program for new residential development by temporarily deferring payment of
development impact fees until final inspection or the issuance of a Certificate of
Occupancy.
FISCAL IMPACT:
Although BIA/OC has indicated that the proposed deferral would not incur cost or
impact to the City's General Fund, further delay in obtaining the development impact
fees may impact City's capital improvement programs.
BACKGROUND
The City Council has adopted certain fees and charges relating to mitigation of the
impact of new residential development upon City municipal services and infrastructure
such as roadways, parks, and public facilities (hereinafter collectively the "Development
Impact Fees"). Development Impact Fees are currently required to be paid by the
developers of new residential units at the time of issuance of building permits. Plan
Check and Building Permit issuance fees are not considered development impact fees
in this case since the fees are used to cover plan check and inspection services. A
City Council Report
Development Impact Fees Deferral
October 7, 2008
Page 2
separate report will be forwarded to the City Council at a later date to consider
incentives such as waiver of permits fees, over the counter plan check, etc. for
beautification/energy efficient projects.
Currently, there are four broad types of development impact fees collected. Three of
the fees are collected at the time of building permit issuance and one fee (fees in lieu of
park dedication) is collected prior to recordation of final tract map as follows:
1. Transportation System Improvement Program (TSIP) Fees.
This fee is required pursuant to Section 8101(z) of the Tustin City Code as part
of a joint exercise of powers agreement between the City of Santa Ana and the
City of Tustin. The purpose of the fee is to improve the area-wide transportation
system within the Transportation Improvement Program Area.
2. Major Thoroughfare and Bridge Fees.
This fee is required pursuant to Section 9311 g of the Tustin City Code. The
purpose of the fee is to defray the actual and estimated cost of constructing
bridges or major thoroughfares in order to implement the Circulation Element of
the General Plan. This fee is apass-through fee for the Foothill/Eastern
Transportation Corridor Agency.
3. New Construction Tax.
The new construction tax is required pursuant to Section 2601 of the Tustin City
Code. The purpose of the new construction tax is to provide funds to be used
for the purpose of providing public safety, public works, and other municipal
services.
4. Parkland Dedication in lieu Fees.
This fee is required pursuant to Section 9331 d3 of the Tustin City Code as an
alternative to dedicating certain amount of parkland. This fee is required to be
paid prior to recording the final tract map.
Due to recent changes in economic conditions relating to the housing market
throughout the nation, including in the City of Tustin, construction of residential projects
have slowed down. The Building Industry Association of Southern California Orange
County Chapter (BIA/OC) indicated in their letter dated August 6, 2008 (Attachment A)
that the sharp decline of the housing market has had sweeping effects on the overall
economy in Orange County. The BIA/OC identified an opportunity to partner with local
jurisdictions to offer some economic stimulus to home builders during the challenging
times through deferral of development impact fees. As such, the BIA/OC requested the
City Council Report
Development Impact Fees Deferral
October 7, 2008
Page 3
City to adopt a policy to defer the collection of development impact fees until the
issuance of Certificate of Occupancy or final inspection consistent with Government
Code Section 66007 and Assembly Bill (AB) 2604 which was enacted on August 1,
2008.
Assembly Bill (AB) 2604
Under current law (Government Code § 66007), local agencies that imposes fees or
charges on a residential development for the construction of public improvements or
facilities shall not require the payment of those fees or charges until the date of final
inspection or issuance of a certificate of occupancy, whichever occur first. However,
fees may be collected at the building-permit stage if the agency determines they are for
improvements for which an account has been established, funds appropriated, and a
proposed construction schedule or plan adopted. These requirements can be met by
adoption of a capital improvement plan. Historically, the vast majority of jurisdictions
routinely have made the statutory determinations necessary to collect fees at the
building-permit stage. More recently, however, AB 2604, signed by the Governor on
August 1, 2008, allows -but not requires -local agencies to further defer the collection
of development impact fees to the close of escrow.
Deferral of Impact Fees
As BIA/OC indicated in their letter, fee collection at the front end of the construction
process creates a tremendous burden to the private sector. Deferral of development
impact fees will serve as a tremendous stimulus action in partnering with private
industry to ensure economic recovery and promote the development of new homes in
Tustin. The economic stimulus through deferral of development impact fees can be
provided to developer temporarily during the market downturn.
The proposed economic stimulus would allow payment of development impact fees to
be deferred until the development is ready for final inspection or issuance of Certificate
of Occupancy. The fees would be based on the schedules in effect at the time of
permits were issued. However, not all impact fees can be deferred by the City Council.
For example, the TSIP fee was created through a joint powers agreement between the
City of Tustin and the City of Santa Ana. Unless the joint powers agreement is
amended and agreed by both City of Santa Ana and Tustin, the TSIP fee cannot be
deferred. For Major Thoroughfare and Bridge fees, the fees are collected as pass-
through fee for the Foothill/Eastern Transportation Corridor Agency; thus, cannot be
deferred unless TCA agrees. Consequently, only deferrals of the New Construction Tax
and Park in Lieu fee are proposed at this time.
To guarantee the payment of these impact fees, prior to and as a condition of issuance
of the building permit, the City would require the developer to execute either a contract
secured by a lien or a letter of agreement secured by a irrevocable letter of credit and/or
bond. The Council also may note that the deferral is proposed as a temporary measure
City Council Report
Development Impact Fees Deferral
October 7, 2008
Page 4
(one year) at this time unless extended. Should the City Council wishes to permanently
defer the collection of development impact fees; an ordinance to amend applicable
sections of the Tustin City Code would be required.
Although the City of Tustin is one of a few cities with the lowest development impact
fees, due to changes in economic conditions in the housing market, the City Council
may want to provide stimulus for new residential developments. It should be noted that
the deferral of impact fees may also impact or result in delays of development of some
capital projects in which the fees are anticipated. For example, the City may rely on the
payment for parkland in lieu fees to improve certain park facility. When the developer
fail to pay the fee within the agreed timeframe, the City would be left with no choice but
deferring the park improvements accordingly as in the case of the City of Huntington
Beach senior center (Attachment B).
In conclusion, the financial impact to the City as a result of a one (1) year deferral of
development impact fees will vary based on the number of residential permits issued
and the timing of construction. Staff believes that the benefits of the economic stimulus
by deferring development impact fees would outweigh the possible effects of delaying
the construction of public improvements. After one (1) year, staff can reevaluate the
impact of this economic stimulus program and update the City Council with the status.
The City Council at that time may direct staff to extend or discontinue the program.
Consequently, staff recommends that the City Council adopt Resolution No. 08-72
creating an economic stimulus program for new residential developments by temporarily
deferring development impact fees.
Justina Willkom
Principal Planner
Y. Henry Huang
Building Official
Elizabeth A. Binsack
Director of Community Development
Attachments:
A. BIA/OC Letter dated August 6, 2008
B. Orange County Register Article dated September 4, 2008 (H.B. senior center
developer failed to pay $22 million on fees)
C. Resolution No. 08-72
ATTACHMENT A
BIA/OC Letter dated August 6, 2008
HDI~iiVISTRATI~~
August 6, 2008
AUG 0 8 2008
Mayor Jerry Amante RECEIVED
City of Tustin
300 Centennial Way
Tustin, CA 92780
RE: Deferral of collection timing for development impact fees.
Mayor Amante,
I am writing on behalf of the membership of the Building Industry
Association Southern California, Orange County Chapter (BIA/OC) to
request that the City of Tustin adopt a policy to defer the collection of
development impact fees until the issuance of the certificate of
occupancy for all residential construction.
As you know, the housing industry in Orange County is facing troubling
times in this distressed market. The sharp decline of the housing market
has had sweeping effects on the overall economy in Orange County. The
financial strains that our members are enduring have forced massive layoffs
over the last year. According to the Construction Industry Research Board
(CIRB), business activity in Orange County related to residential
development was over $5 billion in 2006; in 2007 that number dropped to
just under $4 billion, and in 2008 the projected figures have plunged to little
over $7 hundred million in by the end of the 3~ quarter. Negative trends
continue to spiral downward.
BIA has identified an opportunity to partner with local jurisdictions to
offer some economic stimulus to home builders during these challenging
times; development impact fee deferral.
Last week (8/1/08) the Governor signed a bi-partisan bill that quickly
moved through the state legislature encouraging local jurisdictions to adopt
development impact fee deferral programs as a means for creating
economic stimulus. In Orange County, a number of cities, the County of
orange and the Orange County Sanitation District have already amended
their fee collection policies.
Ur{artg+e Count:
Chapter
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Irvine, California 92614
949.553.9500
fax 949.553.9507
www.biaoc.com
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Fee collection at the front end of the construction process creates a
tremendous burden to the private sector that can easily be relieved.
Deferral of development impact fees will serve as a tremendous stimulus
action that will send a clear message that the City of Tustin is committed to
partnering with private industry to ensure economic recovery.
We respectfully urge the City of Tustin to amend the timing of collection
of development impact fees until the time at which certificates of
occupancy are issued.
Our membership is committed working collectively with your city in order
to get through this unprecedented market shift. We remain a resource to all
levels of government on the important issues related to the prosperity of
our local 5ommunities. Thank you for your thoughtful consideration.
. e~uuy,
E. Thalman.
Chief Executive Officer
Cc. City Council
William A. Huston, City Manager
w~
Enc. Assembly Bill No. 2604, CHAPTER 246
Assembly Bill No. 2604
CHAPTER 246
An act to amend Section 66007 of the Government Code, relating to land
use.
[Approved by Governor August 1, 2008. Filed with
Secretary of State August 1, 2008.]
LEGISLATIVE COUNSEL'S DIGEST
AB 2604, Torrico. Developer fees.
Existing law prohibits a local agency that imposes any fees or chazges
on a residential development for the construction of public improvements
or facilities from requiring the payment of those fees or chazges until the
date of the final inspection or the date the certificate of occupancy is issued,
whichever occurs first, with specified exceptions. If the fee or chazge is not
fully paid prior to issuance of a building permit, existing law authorizes the
local agency issuing the building permit to require the property owner, as
a condition of issuance of the building permit, to execute a contract to pay
the fee or charge within the specified time.
This bill would authorize a local agency to defer the collection of one or
more fees up to the close of escrow.
The people of the State of California do enact as follows:
SECTION 1. Section 66007 of the Government Code is amended to
read:
66007. (a) Except as otherwise provided in subdivisions (b) and (g),
any local agency that imposes any fees or charges on a residential
development for the construction of public improvements or facilities shall
not require the payment of those fees or chazges, notwithstanding any other
provision of law, until the date of the final inspection, or the date the
certificate of occupancy is issued, whichever occurs first. However, utility
service fees may be collected at the time an application for utility service
is received. If the residential development contains more than one dwelling,
the local agency may determine whether the fees or charges shall be paid
on a pro rata basis for each dwelling when it receives its final inspection or
certificate of occupancy, whichever occurs first; on a pro rata basis when a
certain percentage of the dwellings have received their final inspection or
certificate of occupancy, whichever occurs first; or on a lump-sum basis
when the first dwelling in the development receives its final inspection or
certificate of occupancy, whichever occurs first.
91
Ch. 246 - 2 -
(b) (1) Notwithstanding subdivision (a), the local agency may require
the payment of those fees or charges at an eazlier time if (A) the local agency
determines that the fees or charges will be collected for public improvements
or facilities for which an account has been established and funds appropriated
and for which the local agency has adopted a proposed construction schedule
or plan prior to final inspection or issuance of the certificate of occupancy
or (B) the fees or charges aze to reimburse the local agency for expenditures
previously made. "Appropriated," as used in this subdivision, means
authorization by the governing body of the local agency for which the fee
is collected to make expenditures and incur obligations for specific purposes.
(2) (A) Pazagraph (1) does not apply to units reserved for occupancy by
lower income households included in a residential development proposed
by a nonprofit housing developer in which at least 49 percent of the total
units are reserved for occupancy by lower income households, as defined
in Section 50079.5 of the Health and Safety Code, at an affordable rent, as
defined in Section 50053 of the Health and Safety Code. In addition to the
contract that may be required under subdivision (c), a city, county, or city
and county may require the posting of a performance bond or a letter of
credit from a federally insured, recognized depository institution to guarantee
payment of any fees or charges that aze subject to this paragraph. Fees and
charges exempted from paragraph (1) under this pazagraph shall become
immediately due and payable when the residential development no longer
meets the requirements of this pazagraph.
(B) The exception provided in subpazagraph (A) does not apply to fees
and charges levied pursuant to Chapter 6 (commencing with Section 17620)
of Part 10.5 of Division 1 of Title 1 of the Education Code.
(c) (1) If any fee or chazge specified in subdivision (a) is not fully paid
prior to issuance of a building permit for construction of any portion of the
residential development encumbered thereby, the local agency issuing the
building permit may require the property owner, or lessee if the lessee's
interest appeazs of record, as a condition of issuance of the building permit,
to execute a contract to pay the fee or charge, or applicable portion thereof,
within the time specified in subdivision (a). If the fee or chazge is prorated
pursuant to subdivision (a), the obligation under the contract shall be
similazly prorated.
(2) The obligation to pay the fee or chazge shall inure to the benefit of,
and be enforceable by, the local agency that imposed the fee or charge,
regazdless of whether it is a party to the contract. The contract shall contain
a legal description of the property affected, shall be recorded in the office
of the county recorder of the county and, from the date of recordation, shall
constitute a lien for the payment of the fee or chazge, which shall be
enforceable against successors in interest to the property owner or lessee at
the time of issuance of the building permit. The contract shall be recorded
in the grantor-grantee index in the name of the public agency issuing the
building permit as grantee and in the name of the property owner or lessee
as grantor. The local agency shall record a release of the obligation,
containing a legal description of the property, in the event the obligation is
91
- 3 - Ch. 246
paid in full, or a partial release in the event the fee or chazge is prorated
pursuant to subdivision (a).
(3) The contract may require the property owner or lessee to provide
appropriate notification of the opening of any escrow for the sale of the
property for which the building permit was issued and to provide in the
escrow instructions that the fee or charge be paid to the local agency
imposing the same from the sale proceeds in escrow prior to disbursing
proceeds to the seller.
(d) This section applies only to fees collected by a local agency to fund
the construction of public improvements or facilities. It does not apply to
fees collected to cover the cost of code enforcement or inspection services,
or to other fees collected to pay for the cost of enforcement of local
ordinances or state law.
(e) "Final inspection" or "certificate of occupancy," as used in this
section, have the same meaning as described in Sections 305 and 307 of the
Uniform Building Code, International Conference of Building Officials,
1985 edition.
(f) Methods of complying with the requirement in subdivision (b) that a
proposed construction schedule or plan be adopted, include, but aze not
limited to, (1) the adoption of the capital improvement plan described in
Section 66002, or (2) the submittal of a five-year plan for construction and
rehabilitation of school facilities pursuant to subdivision (c) of Section
17017.5 of the Education Code.
(g) A local agency may defer the collection of one or more fees up to
the close of escrow. This subdivision shall not apply to fees and charges
levied pursuant to Chapter 6 (commencing with Section 17620) of Part 10.5
of Division 1 of Title 1 of the Education Code.
O
91
ATTACHMENT B
Orange County Register Article dated Se tember 4, 2008
(H.B. senior center developer failed to pay $~22 million on fees)
News: Senior center developer failed to pay $22 million in fees ~ city, makar, fees, million, pay - OCRe
. _,
ocnq~~tereoen
Thursday, September 4, 2008
H.B. senior center
developer failed to
pay $22 million in
fees
Makar Properties did not
pull building permits on
time, triggering a payment
that was due by the end of
August.
By ANNIE BURRIS
The Orange County Register
HUNTINGTON BEACH - A major Orange
County developer has failed to pay the city of
Huntington Beach $22 million in fees after
missing two deadlines, city officials said.
City leaders said they don't plan on pressing
charges for the delinquent payment but
would rather see Makar Properties follow
through on building a senior center that the
$22 million is designed to fund.
"Because we need the fees from their
project, we are kind of stuck," Mayor Pro Tem
Keith Bohr said. "We need each other
basically."
Michael Gagnet, Makar's executive vice
president of development, said, "I disagree
with any assertion by the city that we missed
any deadline" and would not comment
further on the fees.
Huntington Beach joins a list of other
Orange County cities such as Orange, Irvine,
Anaheim and Mission Viejo that has offered
builders various payment delays on
construction fees. The Orange County
Sanitation District also decided in early
August to allow builders to wait to pay sewer
hookup fees until a structure is occupied.
Newport Beach-based Makar is not only
having trouble paying city fees.
The developers said last week that a 32-acre
project on Pacific Coast Highway is a year
behind schedule, and they do not have
financing for the construction yet. They said
the bad economy, tougher construction loan
obligations and negotiations with the city
delayed their mixed-use project named
Pacific City.
"We just had to slow down to make sure all
Page 1 of 2
News: Senior center developer failed to pay $22 million in fees ~ city, makar, fees, million, pay - OCRe... Page 2 of 2
~~~~~.
oenq~ster.~m
our ducks were in a row to move forward,"
Gagnet said during an interview last week
about the construction. "We are getting fired
up again ir} the next couple of weeks."
Makar needs to pay the city $22 million
because they did not pull building permits
for the senior center by a July 1 deadline,
based on an agreement between the city and
developer in 2006. Makar needed to pay the
fee within 30 days of July 1, said the
agreement.
The city gave Makar an extension to pay the
fee by late August because of negotiations
related to the fee amount. As of Wednesday,
the city has not received the funds.
"It is easy to play hardball, but that doesn't
really do anything for us in the long run,"
Bohr said.
Councilman Don Hansen said the city has
worked with developers before on project
deadlines such as the Bella Terra mall near
the I-405 freeway and The Strand in
downtown Huntington Beach.
The $22 million fees stem from obligations
Makar is required to meet because of the
construction of Pacific City. Makar needs to
pay astate-mandated in-lieu fee to the city
for building Pacific City without setting aside
park space. As part of the deal in 2006, the
city and Makar agreed to use the $22 million
to build a senior center -construction that
will be overseen by Makar.
City officials said that they are looking at all
their options for the unpaid $22 million and
have not reached a decision on how to move
forward.
"I don't think this falls under the guise of
special treatment, but we are working with
those people who are putting a significant
investment into the city," Hansen said.
Contact the writer: aburris@ocregister.com
or 714-445-6696
ATTACHMENT C
Resolution No. 08-72
RESOLUTION NO. 08-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN CREATING AN ECONOMIC STIMULUS PROGRAM
FOR NEW RESIDENTIAL DEVELOPMENT BY TEMPORARILY
SUPERSEDING THE PROVISIONS OF VARIOUS
ORDINANCES HERETOFORE ADOPTED RELATING TO THE
REQUIRED TIME OF PAYMENT OF SPECIFIC DEVELOPMENT
IMPACT FEES
The City Council does hereby resolve as follows:
The City Council finds and determines as follows:
A. That the City Council of the City of Tustin has adopted certain fees and
charges relating to mitigation of the impact of new residential development
upon City municipal services and infrastructure such as roadways, parks, and
other public facilities (hereinafter collectively the "Development Impact Fees");
B. That pursuant to the provisions of the Tustin Municipal Code said
Development Impact Fees are currently required to be paid by the developers
of new residential units at the time of issuance of building permits or prior to
recordation of final tract map for construction of such residential units;
C. That due to recent changes in economic conditions relating to the housing
market throughout the nation, including in the City of Tustin, construction of
many residential projects heretofore approved, or in the process of being
approved, by the City of Tustin have slowed down due to such economic
conditions;
D. That the City of Tustin relies on new residential development in the City to
stimulate the local economy and provide direct and indirect benefits to the
City and its residents and businesses by creating construction jobs, new
market-rate and affordable housing units and new tax bases and revenues to
the community;
E. That it is therefore in the public interest and to the public benefit for the City
Council to stimulate and encourage new residential development in the City of
Tustin by the adoption a resolution creating Economic Stimulus Program for
Residential Development.
II. The City Council hereby adopts the measures hereinafter set forth which shall be
known and referred to as the Economic Stimulus Program for New Residential
Development.
III. Notwithstanding any provision of any other ordinance or resolution heretofore
adopted to the contrary, the payment of the following specific Development
Impact Fees for construction of new residential units in the City of Tustin shall be
deferred until, and collection thereof by the responsible City agency, department,
official or employee shall be made prior to final inspection or issuance of a
Certificate of Occupancy for such residential units by the City of Tustin,
whichever occurs earlier, or such other time as expressly hereinafter provided:
1. New Construction Tax required pursuant to Section 2601 of the Tustin
City Code.
2. Parkland Dedication in lieu Fees required pursuant to Section 9331 d3 of
the Tustin City Code.
III. Final inspection of construction shall not occur, and no certificate of occupancy
for any new residential units shall be issued by the City of Tustin, until payment
of such Development Impact Fees are made to the City of Tustin in full. The
amount of the Development Impact Fees due and payable shall be based upon
the fee schedules and amounts in effect at the time said Development Impact
Fees would have been due and payable in the absence of this resolution.
IV. Payment of such Development Impact Fees shall be deemed a debt due and
owning to the City of Tustin at such time which debt shall only be deemed
satisfied and discharged upon payment in full to the City of Tustin.
V. The provisions of this resolution for deferral of payment of Development Impact
Fees shall expire one year from the date of the adoption of this resolution unless
the City Council shall have first acted to extend or otherwise alter the provisions
of this resolution prior to that time.
VI. Nothing contained in this resolution shall be deemed to authorize or permit the
deferral of payment of any fee or charge imposed upon residential development
within the City of Tustin except for those Development Impact Fees expressly
enumerated in Section II hereof.
VII. Nothing contained in this resolution shall be deemed to create any new fee
charge, or increase any existing fee or charge, to which the procedures specified
in Section 66017 of the Government Code of the State of California would be
applicable.
VIII. As a condition of the deferment of time of payment of any Development Impact
Fee(s) pursuant to this resolution, the City shall require the property owner, or
lessee if the lessee's interest appears of record, prior to and as a condition of
issuance of the building permit, to execute either a contract secured by a lien or
a letter of agreement secured by a irrevocable letter of credit and/or bond. In
either event, the Development Impact Fee(s) shall be paid prior to final
inspection or issuance of a Certificate of Occupancy, whichever occurs earlier,
as set forth below.
(a) With regard to a contract, the obligation to pay the Development Impact
2
Fee(s) shall inure to the benefit of, and be enforceable by, the City
regardless of whether the City is a party to the contract. The contract
shall contain a legal description of the property affected, shall be
recorded in the office of the county recorder of Orange County and, from
the date of recordation, shall constitute a lien for the payment of the
Development Impact Fee(s) which shall be enforceable against
successors in interest to the property owner or lessee at the time of
issuance of the building permit. The contract shall be recorded in the
grantor-grantee index in the name of the City of Tustin as grantee and in
the name of the property owner or lessee as grantor. The City shall
record a release of the obligation, containing a legal description of the
property, when the obligation is paid in full. The contract shall require the
property owner or lessee to provide appropriate notification of the
opening of any escrow for the sale of the property for which the building
permit was issued and to provide in the escrow instructions that the fee
or charge be paid to the City of Tustin from the sale proceeds in escrow
prior to disbursing proceeds to the seller. The executed contract shall be
deemed to supersede any conflicting provision contained in any
applicable development agreement with regard to the time of payment of
any Development Impact Fee(s).
(b) As an alternate to recording a contract that constitutes a lien, the
property owner or lessee if the lessee's interest appears of record may,
prior to and as a condition of issuance of the building permit, execute a
letter of agreement and provide an irrevocable letter of credit and/or
bond pursuant to procedures established by the Director of Community
Development.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin,
held on the 7ri day of October, 2008.
Jerry Amante
Mayor
Pamela Stoker
City Clerk
3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 08-72
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 08-72 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 7th day of October,
2008, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk
4