Agenda Item



††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ASR Control 19-001042




legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Community Resources†† (Approved)

Department contact person(s):

Dylan Wright (714) 480-2788



Sherry Toth (714) 566-3033



Subject: Developer Fee Deposit Balance Report for OC Community Resources


††††† ceo CONCUR

County Counsel Review

Clerk of the Board


No Legal Objection

Consent Calendar



3 Votes Board Majority




††† Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A




††† Staffing Impact:


# of Positions:

Sole Source: N/A

††† Current Fiscal Year Revenue: N/A

Funding Source: N/A

County Audit in last 3 years: No



††† Prior Board Action: 12/18/2018 #7






Receive and file the FY 2018-19 Developer Fee Deposit Balance Report for OC Community Resources.



Find that the deposits held more than five years are reasonable in accordance with Government Code Section 66001(d)(1) and necessary to support future projects within the specified fee program.






Receiving and filing OC Community Resources FY 2018-19 report on developer fee deposit balances as of June 30, 2019, and finding that deposits held for more than five years are reasonable and necessary to support future projects within the specified fee program will support compliance with state requirements.





Government Code Section 66006(b) requires a report to the public showing certain information pertaining to the developer fee program be filed within 180 days of the end of the fiscal year. The Developer Fee Deposit Balance Report for FY 2018-19 (Attachment A) satisfies this requirement and identifies the fees; the beginning and ending balances; fees collected; interest earned; fees expended and fees refunded/adjusted for OC Community Resources/OC Public Libraries (OC Public Libraries). On December 18, 2018, the Board of Supervisors approved the Developer Fee Deposit Balance Report for FY 2017-18.


Government Code Section 66001(d)(1) requires a periodic finding of reasonableness of continuing retention of developer fees on hand for more than five years that have not been expended or encumbered. This code section also requires the report to identify the purpose for the fee and demonstrate a reasonable relationship between the fees and its purpose. The Developer Fee Deposit Five Year Report generated by Auditor-Controller (Attachment B) identifies the fees held more than five years.


Developer fees collected pay for public improvements for the purpose of defraying all or a portion of the cost of public facilities related to the development project. The developer fee deposit is applied towards the cost of the development project and is intended solely for use in that project area. Any unused portion of the fees is refunded to the developer. As of June 30, 2019, the ending balance for developer fees was $391,211.13. Of the ending balance for developer fees, $130,348.13 (Laguna Woods - $4,479.47, Brea - $125,868.66) has been held more than five years and are expected to be expended as follows:


Laguna Woods

The Laguna Woods Library is located inside the City Hall. Funds were used during FY 2018-19 for a minor refurbishment of the Laguna Woods Library including a remodel of the public restrooms to ensure access for people with disabilities and in accordance with the Americans with Disabilities Standards. The remaining funds will be used during FY 2019-20 for upgrades that further enhance the library patronsí experience by adding senior-specific amenities and/or furnishings to support programming. All funds will be expended by June 2020.



Developer fees that have been held for more than five years have been committed to the refurbishment of the Brea Branch Library interior. The planned scope of work includes removal of book shelving, the addition of window coverings and addition of flexible work areas for group study to accommodate teens and local business people. The current developer fees do not cover the extent of the library refurbishment planned, but additional developer funds to be received should provide sufficient funding for the project. OC Public Libraries is waiting for the collection of the entire developer fee amount so that a single major refurbishment can be accomplished during a one-time closure of the facility.















Attachment A - OC Community Resources Fee Deposit Balance Report FY 2018-19
Attachment B - OC Community Resources Developer Fee Deposit Balance Report-Deposits Held Over Five Years (6/30/2019)
Attachment C - Government Code Section 66001
Attachment D - Government Code Section 66006