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May 23, 2023 <br /> <br />Ayes: Hugel, Lucas-Burke, Moody, Tillage, Whitaker, Glover <br />Nays: None <br /> <br />23 - 178 - Adoption of an ordinance accepting class action settlement funds in the <br />amount of $22,414.03 from the City of Long Beach, et al. v. Monsanto Company, et <br />al. class action PCB litigation and: (1) appropriating said amount in the FY 2023 <br />Stormwater Fund Budget; and (2) transferring said amount to the VSMP Permit <br />Compliance Project in the FY 2023 Capital Improvement Fund Budget. <br /> <br />Background: <br /> <br /> Monsanto Company is the manufacturer of the weedkiller “Roundup” and other <br />products. <br /> <br /> Several US localities filed lawsuits against Monsanto alleging that the company’s <br />products caused damage to stormwater and sewer facilities and impaired water quality. <br /> <br /> In 2022 the lawsuits were consolidated as a class action in the US District Court <br />for the Central District of California. The certified class includes all localities (including <br />Portsmouth) with a stormwater discharge permit. <br /> <br /> In October 2022 the Court approved a settlement requiring Monsanto to pay up to <br />$550,000,000 to be distributed among class members. <br /> <br />Discussion: <br /> <br /> <br /> Portsmouth received $22,414.03 as its share of the settlement. <br /> <br /> The proposed ordinance accepts and appropriates these funds to the Capital <br />Improvement Fund for stormwater compliance projects. <br /> <br /> <br />Financial Impact: <br /> <br /> <br /> No local match is required as a condition of the funding. <br /> <br />Recommended Action: <br /> <br /> Adoption of the Ordinance. <br /> <br />Next Steps Following Council Action: <br /> <br /> Finance will make the appropriate budgetary adjustments. <br /> <br />Motion by Ms. Lucas-Burke, and seconded by Mr. Hugel, to adopt the following <br />ordinance, and was adopted by the following vote: <br /> <br />“ORDINANCE ACCEPTING CLASS ACTION SETTLEMENT FUNDS IN THE AMOUNT <br />OF $22,414.03 FROM THE CITY OF LONG BEACH, ET AL. V. MONSANTO <br />COMPANY, ET AL. CLASS ACTION PCB LITIGATION AND: (1) APPROPRIATING <br />SAID AMOUNT IN THE FY 2023 STORMWATER FUND BUDGET; AND (2) <br />TRANSFERRING SAID AMOUNT TO THE VSMP PERMIT COMPLIANCE PROJECT <br />IN THE FY 2023 CAPITAL IMPROVEMENT FUND BUDGET. <br />” <br /> <br />Ayes: Hugel, Lucas-Burke, Moody, Tillage, Whitaker, Glover <br />Nays: None <br /> <br />23 - 179 - Adoption an ordinance accepting grant funding in the amount of <br />$5,370,352 and appropriating said amount into the FY 2023 Portsmouth Public <br />Schools Grants Fund Budget. <br /> <br /> <br />Background: <br /> <br /> City Council appropriated $23,497,541 to the FY 2023 Grants Fund for the <br />Portsmouth Public Schools (PPS) by Ordinance 2022-37 adopted on May 10, 2022. <br /> <br /> At the request of PPS, by Ordinance 2022-108 adopted on November 22, 2022 <br />City Council re-appropriated funding in the amount of $4,004,537 that was unexpended <br />prior to July 1, 2022 from the FY 2022 PPS Grants Fund to the FY 2023 PPS Grants <br />Fund. <br /> <br /> At the request of PPS, by Ordinance 2023-22 adopted on March 28, 2023 City <br />Council reduced the appropriation to the FY 2023 PPS Grants Fund by $12,757. <br /> <br /> <br /> <br /> <br /> <br />