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Although the Act does not apply to Developer Agreements, the reporting requirements on both the <br />Development Impact Fee and Developer Agreements are the same and fall under Government Code <br />Section 66006. <br />Section 66006(b) of the Act requires that within 180 days after the close of the fiscal year, the City must <br />make available to the public a brief description of the fee, amount of the fee, beginning and ending <br />balances of the account or fund for the fiscal year, and amount of fees collected and the interest earned. <br />The Act also requires identification of each public improvement on which the fees were expended and the <br />amount of the expenditures on each improvement, an approximate date by which the construction of the <br />public improvement will commence, a description of each inter -fund transfer or loan made from the <br />account or fund, and the amount of any refunds made due to the inability to expend impact fees. Section <br />66001(d) provides that, for the fifth fiscal year following the first deposit into the account or fund and every <br />five (5) years thereafter, the City shall make findings with respect to any portion of the fee remaining <br />unexpended, whether committed or uncommitted. <br />The City is in conformance with the Act, is not subject to any refunding requirements, and the City has Fair <br />Share Fees as the only source of reportable impact fees. Regarding Development Agreements, the City <br />has two sources of reportable Development Agreements, including the Hoag Development Agreement, <br />and the North Newport Center Development Agreement. Finally, all funds have been expended in the last <br />five years and, as the result, the City has nothing to report under the five-year reporting requirement. <br />Exhibits A and B provide additional narrative and all the required information related to the annual review <br />and accounting of applicable development impact fees and Development Agreements, as well as periodic <br />findings concerning unexpended funds. <br />ENVIRONMENTAL REVIEW: <br />The adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") <br />pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect <br />physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section <br />15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no <br />potential for resulting in physical change to the environment, directly or indirectly. <br />NOTICING: <br />The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at <br />which the City Council considers the item). <br />The annual reports were also made available to the public and the Building Industry Association of <br />Southern California, Orange County Chapter, prior to the Council Meeting. <br />ATTACHMENTS: <br />Description <br />Exhibit A - Development Impact Fee Report <br />Exhibit B - Development Agreement Report <br />16-2 <br />