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HomeMy WebLinkAbout2024-16 - Appointing the City Manager as the Plan Administrator for the Public Agency Retirement Services (PARS), and Delegating Authority to the City Manager to Administer Other Employee Benefit PlansRESOLUTION NO. 2024-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPOINTING THE CITY MANAGER AS THE PLAN ADMINISTRATOR FOR THE PUBLIC AGENCY RETIREMENT SERVICES (PARS), AND DELEGATING AUTHORITY TO THE CITY MANAGER TO ADMINISTER OTHER EMPLOYEE BENEFIT PLANS WHEREAS, on November 12, 1991, the City Council of the City of Newport Beach ("City") adopted Resolution 91-106, authorizing the City's participation in the Public Agency Retirement Services ("PARS") to provide a defined contribution pension plan to qualified employees; WHEREAS, the City is required to designate a plan administrator to make decisions and execute documents on behalf of the City in order to maintain and administer the City's participation in PARS ("Plan Administrator"); WHEREAS, the City Council has, from time to time, designated particular officers to serve as the Plan Administrator, including the City Manager, the Assistant City Manager, the Director of Personnel, the Administrative Services Director, and most recently, the Human Resources Director; WHEREAS, on October 10, 2017, the City Council adopted Resolution 2017-65, which authorized the City Manager to take any and all actions necessary to administer and manage the City's Internal Revenue Code Section 457(b) deferred compensation plan, and a Retirement Health Savings Plan; WHEREAS, the City also participates in other retirement and post -employment benefit plans for qualified employees, including but not necessarily limited to, Internal Revenue Code Sections 401(a) and 457(b) plans, a Retirement Health Savings Plan, Flexible Spending Account, and the LIUNA National (Industrial) Pension Fund ("Other Plans"); and WHEREAS, to coordinate the interplay between plans, foster plan synergy, and for ease of administration, the City Council desires to appoint the City Manager as the Plan Administrator of PARS, and additionally, delegate authority to the City Manager to administer the Other Plans, thereby consolidating the administration of the several plans into the office of the City Manager. Resolution No. 2024-16 Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby appoints the City Manager, or designee, as the Plan Administrator for PARS, and authorizes the Plan Administrator to execute any and all legal and administrative documents on behalf of the City, and to take whatever additional actions are necessary to establish and maintain the City's participation in PARS, and to ensure compliance with any relevant rule, regulation, or law related thereto. Section 2: The City Council hereby authorizes the City Manager, or designee, to execute any and all legal and administrative documents on behalf of the City, and to take whatever additional actions are necessary to establish and maintain the City's participation in the Other Plans, and to ensure compliance with any relevant rule, regulation, or law related thereto. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Any previously adopted resolution, or portion thereof, in conflict with the provisions of this resolution is hereby repealed to the extent it conflicts. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2024-16 Page 3 of 3 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of March, 2024. Will O'Neill Mayor ATTEST: c w/YVIJ Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE a on C. Harp City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2024-16 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 12th day of March, 2024; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand NAYS: Councilmember Brad Avery IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of March, 2024. (h " (�e Lei ani I. Brown City Clerk Newport Beach, California �FOR;so