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HomeMy WebLinkAbout(2004, 04/13) - F-16 - AmendedACKERMAN TRUST PURPOSE F -16 To establish City policy for the distribution of the proceeds of the income from the Ackerman Property. POLICY Per the terms of the Carl Ackerman Family Trust, the net sales proceeds of certain property in McFadden Square were divided between the University of California, Irvine, and the City of Newport Beach. The proceeds were distributed as follows: Sixty (60) percent of the proceeds were distributed to the University of California, Irvine, to be used for scholarship funding for needy qualified students. Forty (40) percent of the proceeds were to be distributed to the City of Newport Beach to be used in the following manner: Seventy-five (75) percent of the City's share to create a permanent endowment to provide a perpetual annuity that can be used to acquire high -tech library equipment. Twenty-five (25) percent of the City's share to create a permanent endowment to provide a perpetual annuity to fund scholarships for needy qualified students. This scholarship fund shall be open to any child who resides in Newport Beach, and to the children of City employees. The following procedures are established to meet the terms of the Ackerman Trust. The City shall deposit its share of the proceeds from the sale of Ackerman property into a Permanent Fund. Within that fund, the City shall create separate permanent endowment reserves to account for the principal share of both the high -tech library equipment ($579,586) reserve and the scholarship reserve ($193,195). The City shall also create similar reserves to track the expendable portion of each endowment. To sustain the economic vitality of the designated Ackerman annuities, the City shall contribute a portion of this fund's interest earnings to the permanent endowment reserve. The annual contribution to the permanent endowments shall be an amount equal to a five -year moving average of the Los Angeles, Riverside, and Orange County 1 F -16 • consumer price index (CPI) for December multiplied times the current permanent endowment balance. However, the City shall not be obligated to make contributions to permanent endowments in excess of the annual recorded investment earnings of that fund. During the budget process each year, the Administrative Services Director will recommend to the City Manager the maximum amount that can appropriated for the coming budget year considering the minimum permanent endowment levels and future economic vitality of the program. In order to reduce the impact that market fluctuations might have on the available annuity, the maximum amount for appropriation will be calculated by multiplying the unspent resources (expendable and nonexpendable) in each category by a the five -year moving average of previous years' investment returns, less CPI. The City Manager may recommend an expenditure appropriation above or below the maximum annual appropriation (e.g. saving several years worth of allocations for a large capital purchase) but in no case shall the City expend any component of the permanent endowment. It shall be at the City's discretion what high tech library equipment to acquire, and how • to award the scholarship funds to needy qualified students. Adopted - January 24,1994 Amended - May 8, 2001 Amended - April 13, 2004 2 •