HomeMy WebLinkAboutS20 - Newport Bay Maintenance DredgingITEM 5Z
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
SUBJECT: Resolution 2002- _ Accepting Funds from the California Regional
Water Quality Control Board, Santa Ana Region and Establishing the
Newport Bay Maintenance Dredging and Total Maximum Daily Load
Compliance Account
RECOMMENDED Adopt Resolution 2002 Accepting up to $3,800,000.00 from the Regional
ACTION: Board and Establishing the Newport Bay Maintenance Dredging and Total
Maximum Daily Load Compliance Account.
BACKGROUND: Newport Bay is an impaired water body per §303(d) of the federal Clean Water
Act. As such, the US Environmental Protection Agency (US EPA) and the State
Water Resources Control Board (SWRCB) via the California Regional Water
Quality Control Board, Santa Ana Region (Regional Board) is directed to prepare
"total maximum daily loads" (TMDLs). A TMDL is a management plan to
eliminate a water quality impairment within a certain amount of time. Newport
Bay is listed on the §303(d) List for the following substances:
• Sediment
• Nutrients
• Fecal Coliform bacteria
• Toxics
The Toxics TMDL is not yet in place, but the others are. The City will host US
EPA's scoping meeting on the Toxics TMDL on April 16, 2002 in the Council
Chambers (1:00 p.m. to 5:00 p.m.).
More specifically, here is what the TMDLs say:
• Sediment. Adopted on October 9,1998, the Sediment TMDL requires local
partners (stakeholders in the watershed) to survey the Bay regularly and to
reduce annual sediment coming into the Bay from 250,000 cubic yards to
125,000 cubic yards (a 50% reduction) by 2008. The TMDL's goal is to reduce
dredging frequency in the Bay to once every 20 years.
Reducing sediment inputs to the Bay is art of the Sediment TMDL. But first
the Bay needs to be dredged and restored to its optimal ecosystem so that the
sediment that does enter the Bay (within the TMDL's limits) does not
exacerbate the impairment. The Newport Bay Ecosystem Restoration Project, a
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US Army Corps of Engineers -led effort that starts in August 2004, restores the
Bay to this optimal point.
On March 28, 2002, the US Army Corps of Engineers called a meeting at the
UNB Interpretive Center to update many of us - US Fish and Wildlife,
Department of Fish and Game, County of Orange, Newport Bay Naturalists,
Regional Board, & the City - about progress on the Restoration Project. The
Corps told us that:
• Project construction will be August 16, 2004 through January 22, 2007.
Note that there will be a dredge in the Bay and barges going up and down
the channel for a significant period of time, often working 24 hours a day.
• The Project is designed to occur only once in 21 years.
• The Project cost today is estimated at $32,475,000.
• More than 2.1 million cubic yards of material will be removed.
• The looming question above all is Congress' unwillingness to consider
"new starts" for the Corps until budget times get brighter and the Corps
completes an alleged backlog of projects. This Project is a "new start" in its
construction phase and needs formal authorization.
Dredging Annuity. As the City and others, including Congressman Cox,
advocate for the Restoration Project at the federal level, the watershed partners
have attempted to build an annuity that will fund the next Upper Bay
dredging event set tentatively for 2028. State Senator Ross Johnson (R- Irvine)
was successful four years ago in establishing a continuous appropriation of
$200,000 annually from the State's General Fund to the hyper Newport Bay
Ecological Reserve Maintenance and Preservation Fund within the budget of the
California Department of Fish and Game.
The Fund would have accrued $1,000,000 by the close of FY 2002 -03, but
Governor Davis' FY 2002 -03 Proposed Budget zeros the Fund and claims the
money to address the State's $17 billion (estimated) budget deficit. Mayor
Ridgeway issued a letter protesting this action on January 29, 2002.
Sadly, the Governor's action is consistent with Sacramento's long -term
approach to maintaining the Department's Upper Newport Bay resource -
DFG gets little or no revenue in the State Budget to do even small maintenance
activities like restroom upkeep and minor habitat repair.
• Nitrogen and Phosphorous. Approved by US EPA on April 16,1999, the
Nutrient TMDL limits nitrogen and phosphorus inputs to the Bay. The
Nutrient TMDL attempts to reduce the annual loading of nitrogen by 50% -
from 1,400 pounds per day today to approximately 850 to 802 pounds per day
at San Diego Creek - by 2012. Phosphorus loading must fall from 86,912
pounds per year in 2002 to 62,080 pounds by 2007.
In plain language, here's what the Nutrient TMDL means:
Less nutrients should mean less algae.
City must help pay for monitoring + sediment basin maintenance upstream
since less sediment can mean less nutrients (about $10,000 /year)
Page 3
— City works to keep upstream cities involved in the watershed management
process (Watershed Executive Committee)
• Fecal Coliform. Approved in late 1999, the Fecal Coliform TMDL attempts to
reduce the amount of fecal coliform inputs to the Bay enough to make the Bay
meet water contact recreation (RECD standards (swimming, wading, surfing)
by 2014 and shellfish harvesting (SHEL) standards (where waters support
shellfish acceptable for human consumption) by 2020.
In plain language, here's what the Fecal Coliform TMDL means:
— Less fecal coliform in the water means fewer beach postings.
— City has more than 200 storm drain outlets that drain into the Bay. Over
2,200 catch basins take urban runoff into these 200 storm drains. Can we
keep each one clean (below state standards for fecal cohform)?
— If any TMDL has the capacity to break the City s bank, it's this one.
• Toxics. Planned for development in 2002, the Toxics TMDL will address Bay
inputs like heavy metals (chromium, copper, lead, cadmium, zinc) and priority
organics like (endosulfan, DDT, Chlordane, PCBs, Toxaphene, diazinon,
chlorpyriphos, more). It will lead to the reduction or elimination of pesticide
use by residents, businesses, and municipal services in watershed. Some
controls will be placed on heavy metals. The Toxics TMDL will also address
existing toxic deposits in sediments in Rhine Channel and other areas in the
Lower Bay.
In plain language, here's what the Toxics TMDL means:
— We're not really sure yet!
— Potential costs to remediate existing toxicity (Rhine Channel) are significant -
experts will disagree as to whether it's best to leave the toxic sediment there
(entomb it) or pick it up and dispose of it in a hazardous materials dumpsite.
The American Trader Oil Spill
On February 7,1990, the single -hull tanker American Trader ran aground about
7,200' off of the Huntington Beach shoreline. About 416,600 gallons of crude oil
came onto the shoreline between February 8 and February 12,1990. Most oil
came onshore between Huntington Beach and Newport Beach.
The spill "Trustees" — which consist of the cities of Newport Beach and
Huntington Beach, along with the Department of Fish and Game, the
Department of Parks and Recreation, the California Regional Water Quality
Control Board (Santa Ana Region), the State Coastal Conservancy, the State
Lands Commission, and the County of Orange — all received revenue from legal
settlements associated with the spill. Newport Beach's share was about $4.7
million.
The Trustees must spend the revenue on projects and programs that address
water quality or that replace the habitat and recreational value lost due to the
spill. Newport Beach has allocated its share of funds to pier renovations,
Page 4
restroom renovations, Corona Del Mar State Beach improvements, the Marine
Studies Center on Shellmaker Island, and other improvements.
The Regional Board received $3,800,000 in what the law classifies as fines relating
to violations of the Clean Water Act. With the State Water Resources Control
Board as an administrator, Regional Boards place these fines in the State Water
Pollution Cleanup and Abatement Account.
On April 26, 2002, the Santa Ana Regional Board will likely adopt a resolution
(Attachment B) that authorizes the City to receive and invest this $3.8 million.
Under the Board's direction, the City would establish an annuity called the
Newport Bay Maintenance Dredging and Total Maximum Daily Load
Compliance Account ( "Annuity ").
While interest generated from the invested principal could be used for programs
and projects that address each of the four Newport Bay TMDLs, the "main
project" to be funded with the proposed Annuity will be the "long term
maintenance dredging of Upper and Lower Newport Bay." The Board also
intends that the Annuity be used to accept contributions from other parties —
including the State and watershed partners — to help build principal over time.
The Newport Bay Watershed Executive Committee (WEC), with guidance from
the Newport Bay Watershed Management Committee (WMC), would approve
projects funded by the Annuity's interest. These committees include
representatives from the County of Orange, the City (Council Member Glover
serves as our representative to the WEC and I attend the WMC meetings), the
Department of Fish and Game, the cities of Irvine, Tustin, Costa Mesa, Santa
Ana, Orange, and Lake Forest, the Irvine Ranch Water District, and the Regional
Board itself.
If invested at 5% interest, the Annuity will produce $190,000 per year for projects
that help address the four TMDLs. The WEC would ultimately decide upon a
future use of the principal as well as the interest proceeds.
The Regional Board will likely consider its staffs recommendation to authorize
Newport Beach to establish the Compliance Fund on April 26, 2002. The City
Council needs to adopt and forward a resolution reflecting the City's willingness
to establish and manage the annuity according to the Board's direction. This
Agenda Item recommends the adoption of that resolution (Attachment A).
ATTACHMENTS: Attachment A — Resolution 2002 -_ Accepting Funds from the California
Regional Water Quality Control Board, Santa Ana Region and Establishing the
Newport Bay Maintenance Dredging and Total Maximum Daily Load
Compliance Account
Attachment B -- Draft Resolution of the California Regional Water Quality
Control Board, Santa Ana Region
Attachment A
RESOLUTION 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ACCEPTING FUNDS FROM THE CALIFORNIA REGIONAL WATER QUALITY
CONTROL BOARD, SANTA ANA REGION
AND ESTABLISHING THE NEWPORT BAY MAINTENANCE DREDGING AND
TOTAL MAXIMUM DAILY LOAD COMPLIANCE ACCOUNT
WHEREAS, Newport Bay is a vital and important ecological and recreational
resource to the residents of and visitors to Newport Beach; and
WHEREAS, Newport Bay is listed as an impaired water body under Section 303(d)
of the federal Clean Water Act; and
WHEREAS, these impairments include sediment, nutrients, fecal coliform bacteria,
and toxic materials; and
WHEREAS, the City of Newport Beach is an active participant in the Watershed
Executive Committee and the Watershed Management Committee, two entities which
collectively manage and administer plans called Total Maximum Daily Loads which are
intended to eliminate these impairments; and
WHEREAS, the California Regional Water Quality Control Board, Santa Ana
Region, will consider an action that will transfer up to $3.8 million to the City to hold in
trust in an annuity fund called the Newport Bay Maintenance Dredging and Total
Maximum Daily Load Compliance Fund; and
WHEREAS, interest revenue from the Fund will be used according to standards and
guidelines described in a Memorandum of Understanding that will be executed upon
Board and City adoption of resolutions authorizing the revenue transfer and the Fund
establishment; and
WHEREAS, the Fund shall be invested prudently and in accordance with
investment practices approved by the State Water Resources Control Board, the City,
and the Regional Board within the aforementioned MOU; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that it hereby
expresses its intent to accept the transfer of up to $3.8 million in funds from the
Regional Board; and be it also
Attachment A
RESOLVED by the City Council of the City of Newport Beach that it hereby creates
an account within the City's Chart of Accounts that shall be entitled the "Newport Bay
Maintenance Dredging and Total Maximum Daily Load Compliance Account "; and be it
also
RESOLVED by the City Council of the City of Newport Beach that it hereby
commits to investing funds in the Account and expending revenue from the Account in
the manner described in a Memorandum of Understanding between the California
Regional Water Quality Control Board, Santa Ana Region, and the City.
ADOPTED this 9th day of April, 2002.
TOD W. RIDGEWAY
Mayor
ATTEST:
LAVONNE HARKLESS
City Clerk
Attachment B
Page 7
California Regional Water Quality Control Board
Santa Ana Region
DRAFT RESOLUTION NO. R8 -2002-
Request for Cleanup and Abatement Account Funds for the Newport Bay Maintenance
Dredging and Total Maximum Daily Load Compliance Fund
WHEREAS:
Section 13440 -43 of the California Water Code established the State Water
Pollution Cleanup and Abatement Account (Account) to be administered by the
State Water Resources Control Board (State Board).
2. Grants to public agencies and the Regional Boards are available from the Account.
The State Board may order monies to be paid from the Account to assist a public
agency or the Regional Board to assist it in cleaning up the waste or abating its
effects on waters of the State.
3. There is a serious threat to public health from the microbial pollution problems in
Newport Bay waters at numerous locations throughout Newport Bay. This serious
water quality problem is exacerbated by sedimentation that impedes circulation,
eutrophication from nutrients (including a major source of phosporous in the
sediment), and discharges of toxic substances and toxicity in the sediment. The
Orange County Health officer routinely closes portions of the Bay for extended
periods during the peak recreation period due to microbial contamination of the bay
waters. All the sources of this microbial contamination have not been identified.
Low mixing due to siltation and urban runoff from tributary areas discharging into
the bay from storm drains are suspected sources of the microbial contamination.
4. The Regional Board has established Total Maximum Daily Loads, in accordance
with Section 303(d) of the Clean Water Act, for discharges of fecal coliform
bacteria, sediment, and nutrients into Newport Bay in order to correct these serious
water quality problems. The USEPA will also be establishing TMDLs for many
toxic substances in Newport Bay water, and toxic substances in the sediment, in
the near future. The Regional Board has also adopted Implementation Plans for
the TMDLs they have adopted, and is developing and implementation plan for the
TMDL for toxic substances that will be promulgated by USEPA.
5. The Region Board, the Department of Fish and Game, the City of Newport Beach,
the County of Orange, and all the other cities in the Newport Bay watershed have
established the Newport Bay Watershed Management and Executive Committees.
This watershed committee has developed and implemented plans to comply with
the TMDLs established by the Regional Board. All the TMDLs established by the
Board require that watershed based solutions be developed by the watershed
Attachment B
Page 8
stakeholders, and then the stakeholders jointly fund and implement these projects
throughout the watershed.
6. The most significant project being developed and implemented by the watershed
stakeholders, which include the U.S. Army Corps of Engineers and the State
Department of Fish and Game, is the restoration and expansion of the two
sediment retention basins in Upper Newport Bay that are part of the watershed
sediment control plan, and to ensure the long term maintenance dredging for these
basins. This project is in design and scheduled to start construction in early 2004.
As part of this project, the Corps of Engineers requires that the local agency
participants in the project, the County of Orange and the City of Newport Beach,
provide assurances that they will provide for the long term maintenance of the
restored areas in Newport Bay.
The City of Newport Beach and the Regional Board are jointly applying for the CAA
funds, from the American Trader settlement, to be used for water quality
improvement projects in Newport Bay. The main project to be funded is the long
term maintenance dredging of Newport Bay to ensure compliance with the TMDL
for sediment. The funds will be put into an annuity account by the City and
invested in low risk annuities to generate funding for maintenance dredging in
Newport Bay, in perpetuity. It is estimated that the maintenance dredging needs
will start at $3 million per year, following the completion of the dredging /restoration
project, and reduce over time as the watershed is built out and sediment transport
reaches an equilibrium. It may take 50 to 200 years for the watershed to stabilize.
Based on past experience, there is also a need for more maintenance dredging
after El Nino years and major storm events, which cannot be predicted. Therefore,
the City will need to manage the maintenance dredging fund on an as needed
basis. The City shall use the $3.8 million in principal to generate the income
necessary for the maintenance dredging. Other agencies and watershed
stakeholders will add to the account to meet the maintenance dredging needs and
to fund other TMDL compliance projects in Newport Bay. The City and the
Regional Board will develop a Memorandum of Understanding for the management
of the annuity fund.
8. After notice to all interested parties, this Regional Board conducted a public
hearing on April 26, 2002 to consider all evidence introduced at and prior to the
hearing with regard to the request for Account monies for the Newport Bay
Maintenance Dredging and TMDL Compliance Fund.
THEREFORE, BE IT RESOLVED THAT:
The project described in Attachment 1 is recommended to the State Board for
allocation of funds from the Account.
The total amount of funds requested from the Account for this project is $3,800,000
(three million eight hundred thousand dollars)
Attachment 8
Page 9
ATTACHMENT 1 (DRAFT)
TO BOARD RESOLUTION
NEWPORT BAY MAINTENANCE DREDGING
AND TOTAL MAXIMUM DAILY LOAD COMPLIANCE FUND
SCOPE OF WORK
A. PROJECT OFFICIALS
The State Water Board's Contract Manager shall be Ken Theisen of the Santa Ana Regional Board.
The Contract Manager shall be the day - to-day representative for administration of this agreement,
and, except as otherwise specifically provided, shall have full authority to act on behalf of the State
Water Board with respect to this agreement. The State Water Board's Executive Director, or
designee, may also perform any and all acts which could be performed by the Contract Manager
under this agreement. Except as otherwise expressly provided, all communications relative to this
agreement shall be given to the Contract Manager.
The Contractor's Project Director shall be Dave Kiff, Assistant City Manager. The Project Director
shall be the Contractor's representative for the technical conduct/administration of the agreement
and shall have full authority to act on behalf of the Contractor. All communications given to the
Project Director shall be as binding as if given to the Contractor.
The parties may change their Contract Manager or Project Director upon providing ten (10) days
written notice to the other party.
B. Proiect Obiectives:
To establish, startup, and manage the Newport Bay Maintenance Dredging and Total Maximum
Daily Load Compliance Fund with $3,800,000 from the settlement of the American Trader oil spill
case. This fund, managed by the City of Newport Beach, will be used to provide for the long term
maintenance dredging of Upper and Lower Newport Bay and to ensure long term compliance with
the total maximum daily loads for sediment, fecal coliform bacteria, nutrients, and toxic substances
in Newport Bay.
There is a serious threat to public health from the microbial pollution problems in the bay waters at
numerous locations throughout Newport Bay. This water quality problem is exacerbated by
sedimentation, eutrophication, and discharges of toxic substances. The Orange County Health
officer routinely closes portions of the Bay for extended periods during the peak recreation period
due to microbial contamination of the bay waters. All the sources of this microbial contamination
have not been identified. Low mixing due to siltation and urban runoff from tributary areas
discharging into the bay from storm drains are suspected sources of the microbial contamination.
The Regional Board has established Total Maximum Daily Loads, in accordance with Section
303(d) of the Clean Water Act, for discharges of fecal coliform bacteria, sediment, and nutrients into
Newport Bay in order to correct these serious water quality problems. The USEPA will also be
establishing TMDLs for many toxic substances in Newport Bay water, and toxic substances in the
sediment, in the near future. The Region Board, the Department of Fish and Game, the City of
Newport Beach, the County of Orange, and all the other cities in the Newport Bay watershed have
established the Newport Bay Watershed Management and Executive Committees. This watershed
committee has developed and implemented plans to comply with the TMDLs established by the
Regional Board. All the TMDLs established by the Board require that watershed based solutions
be developed by the watershed stakeholders, and then the stakeholders jointly fund and implement
these projects throughout the watershed.
Attachment fi
Page 10
The most significant project being developed -and implemented by the stakeholders, which include
the U.S. Army Corps of Engineers and the State Department of Fish and Game, is the restoration
and expansion of the two sediment retention basins in Upper Newport Bay, that are part of the
watershed sediment control plan, and to ensure the long term maintenance dredging for these
basins. This project is in design and scheduled to start construction in early 2004. As part of this
project, the Corps of Engineers requires that the local agency participants in the project, the County
of Orange and the City of Newport Beach, provide assurances that they will provide for the long
term maintenance of the restored areas in Newport Bay.
The City of Newport Beach also manages a general permit for maintenance dredging in Newport
Bay and portions of the Bay like the Rhine Channel have been identified as having toxic pollutants
in the sediment and will need some kind of remediation to address the forthcoming TMDL for toxic
substances.
As part of the long term watershed management plans it is proposed to establish an annuity to be
used to provide the necessary funding and assurance of compliance with the specifications of the
TMDLs for sediment, fecal coliform bacteria, nutrients, and toxic substances in Newport Bay.
Stakeholder shares and contributions will be deposited in the annuity account and the income will
be used to fund maintenance dredging projects, and other projects needed to ensure compliance
with the TMDLs for fecal coliform, sediment, nutrients, and toxic substances. The City of Newport
Beach will use the money from this project to start up the annuity fund, and the City will provide the
long term management of the annuity fund. As a partner in the watershed management committee,
the State is not responsible for sediment of pollution control, but would like to encourage the
watershed stakeholders to share in solving the water quality problems in Newport Bay and to
continue to contribute their share of the costs of implementing projects such as the dredging and
maintenance dredging.
The TMDL for sediment specifies that the elevations and habitat areas of Newport Bay be
maintained, and the restoration project and long term maintenance will provide for compliance with
these requirements. These projects will also provide the most significant improvement to water
quality in the Bay. The watershed stakeholders have identified the dredging and maintenance
dredging as the highest priority projects. In order to ensure there is funding for maintenance
dredging, the watershed stakeholders propose to establish an annuity, to be managed by the City
of Newport Beach, that will allow for stakeholder contributions and provide the necessary funding
for the maintenance dredging.
C. Work to be Performed:
Tasks 1 and 2 -- Plan for establishing the Newport Bay Maintenance Dredging and Total
Maximum Daily Load Compliance Fund and a Memorandum of Understanding
Develop and implement a plan and Memorandum Of Understanding (MOU) to establish, startup,
and manage the Newport Bay Maintenance Dredging and Total Maximum Daily Load Compliance
Fund. The startup of the fund will be the $3,800,000 from the settlement of the American Trader oil
spill case. This fund, managed by the City of Newport Beach, will be used to provide for the long
term maintenance dredging of Upper and Lower Newport Bay and to ensure long term compliance
with the total maximum daily loads for sediment, fecal coliform bacteria, nutrients, and toxic
substances in Newport Bay. The fund and annuity shall be established in a manner to allow for the
stakeholders in the watershed to contribute their shares towards the costs of maintenance dredging
and TMDL compliance projects, for projects approved by the watershed management and
executive committees.
Attachment B
Page 11
A draft plan and MOU are to be submitted for approval by the Contract Manager. The draft plan
shall be revised in response to comments from the Contract Manager, and submitted as a Final
Plan and MOU. An invoice for the transfer of funds will be submitted with the Final Plan and MOU.
Task Product:
An established annuity fund in the name of the City of Newport Beach, and an MOU between the
City and the Regional Board, to accept the transfer of funds, that will be used exclusively for
maintenance dredging and TMDL compliance projects.
D. Schedule of Completion Dates:
TBD
E. Reports:
Submit annual statements for the account.
RESOLUTION 2002 -_
Attachment A
'.
—'sy � 4-9 -2e L
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH
ACCEPTING FUNDS FROM THE CALIFORNIA REGIONAL WATER
QUALITY CONTROL BOARD, SANTA ANA REGION
AND ESTABLISHING THE ROBINSON - SKINNER
ANNUITYNEWPORT BAY MAINTENANCE A NCE DRED ING AND
TOTAL MAXIMUM DAILY LOAD COMPLIANCE ACCOUNTFUNP
WHEREAS, Newport Bay is a vital and important ecological and recreational
resource to the residents of and visitors to Newport Beach; and
WHEREAS, Newport Bay has remained a vital and important ecological resource
thanks in large part to the long -time and extensive efforts of Frank and Fran Robinson
and Tack and Nancy Skinner; and
WHEREAS, Newport Bay is listed as an impaired water body under Section 303(d)
of the federal Clean Water Act; and
WHEREAS, these impairments include sediment, nutrients, fecal coliform bacteria,
and toxic materials; and
WHEREAS, the City of Newport Beach is an active participant in the Watershed
Executive Committee and the Watershed Management Committee, two entities which
collectively manage and administer plans called Total Maximum Daily Loads
"TMDLs" which are intended to eliminate these impairments; and
WHEREAS, the California Regional Water Quality Control Board, Santa Ana
Region, will consider an action that will transfer up to $3.8 million to the City to hold in
trust in an annuity, also known as a n ann Permanent Fund, fund
shall be used for the sole purpose of Newport Bay "4;imaintenance Dredging
dredQinQ and Total Maximum Daily Le MDL C-compliance Fund ; and
WHEREAS, interest revenue c..,....and principal from the Annuity will be
spent and apportioned according to standards and guidelines described in a
Memorandum of Understanding a_llto be executed upon Board and City adoption
of resolutions authorizing the revenue transfer and the Fund Annuity's establishment;
and
Attachment A
WHEREAS, the MOU shall describe that the Watershed Management Committee
and the Watershed Executive Committee shall advise the City and the Regional Board
in the apportionment of revenue from the Annuity, but that ultimate decision - making
authority for the Annuity's expenditures shall rest with the City Council and the
Regional Board; and
WHEREAS, the Annuity Fund shall be invested prudently and in accordance with
investment practices approved by the State Water Resources Control Board, the City,
and the Regional Board within the aforementioned MOU; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that it hereby
expresses its intent to accept the transfer of up to $3.8 million in funds from the
Regional Board; and be it also
RESOLVED by the City Council of the City of Newport Beach that it hereby creates
an aeEaunt a fund within the City's r-, aft of ^ '" tsOrganization Structure that shall
be entitled the "Robinson- Skinner Annuity" for the sole purpose of fundLn&Newport
Bay Mme- maintenance r-edging dredging and T- etal Maximum Daily
LeadTMDL C- compliance FundAccou "; and be it also
RESOLVED by the City Council of the City of Newport Beach that it hereby
its to investing fu idsdeclares that it shall invest4n the ^AEeount Fund and
expending revenue from the Ac «Fund in the manner described in a Memorandum
of Understanding between the California Regional Water Quality Control Board, Santa
Ana Region, and the City.
ADOPTED this 91h day of April, 2002.
TOD W. RIDGEWAY
Mayor
ATTEST:
LAVONNE HARKLESS
City Clerk