Agenda Item
City Council
Item #: 3.11. 6/13/2023 File #: 23-0351
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director
1. SUBJECT
Appropriation of $246,440 in polychlorinated biphenyl (PCB) Total Maximum Daily Load (TMDL) settlement funding to be used for restitution and future costs associated with the TMDL regulatory compliance program.
2. SUMMARY
As party to the class action settlement reached with the Monsanto Company, et al., the TMDL funding agencies received settlement checks in varying amounts to reimburse and aid in future compliance costs associated with PCB monitoring, reporting and project implementation.
3. RECOMMENDED ACTION
1. Accept into the City’s revenue budget $246,440 in settlement funds from PCB Settlement Fund-PCB TMDL fund into revenue account number 220.5024.48210.20532, Sewer - Water Quality TMDL Settlement.
2. Authorize the appropriation of $246,440 into expenditure account number 220.5024.56340.20532, Sewer - CIP- Water Quality TMDL Settlement.
4. FISCAL IMPACT
None. Capital improvement projects using these settlement funds will be approved at a later date.
5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.
Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments.
6. DISCUSSION AND BACKGROUND
As a partner agency within the Upper Newport Bay Watershed, the City has been participating in the TMDL regulatory compliance program for monitoring, reporting and project implementation within the watershed. As the focus of the Fecal Coliform, Nutrient and Toxics TMDL program is pollutant reduction and removal of pollutants such as PCBs from the watershed, the City will continue to incur annual costs associated with compliance (see the most recent Agreement MA-080-23010376 to address TMDL compliance).
The settlement payment received by the City in the amount of $246,446.00 as a TMDL Fund Entity in City of Orange Printed on 6/7/2023Page 1 of 2
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Item #: 3.11. 6/13/2023 File #: 23-0351
The settlement payment received by the City in the amount of $246,446.00 as a TMDL Fund Entity in the class action lawsuit City of Long Beach, et al. v. Monsanto Company, et al. in the United States District Court for the Central District of California, was calculated in accordance with the terms of the Settlement Agreement approved by the Court in the case. The Public Works Department has created an account wherein the funds will be placed and used for previous and on-going TMDL program costs.
7. ATTACHMENTS
· Cooperative Agreement
City of Orange Printed on 6/7/2023Page 2 of 2
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