Loading...
HomeMy WebLinkAbout2017-65 - Affirming the City Manager's Authority to Administer and Manage the City's 457 Plan and Retirement Health Savings PlanRESOLUTION NO. 2017-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AFFIRMING THE CITY MANAGER'S AUTHORITY TO ADMINISTER AND MANAGE THE CITY'S 457 PLAN AND RETIREMENT HEALTH SAVINGS PLAN WHEREAS, the City of Newport Beach ("City") maintains a deferred compensation plan under Internal Revenue Code Section 457 ("457 Plan") and a retirement health savings plan (collectively, "Plans") for the benefit of its eligible employees; WHEREAS, the City Manager is the administrator of the Plans; WHEREAS, as plan administrator, the City Manager, on his own initiative, appointed City employees to assist in administration and management of the Plans ("Deferred Compensation Plan Committee"); WHEREAS, the individual City employees serving on the Deferred Compensation Plan Committee are acting in their official capacity as public employees and, as such, are entitled to all indemnity, immunity, and other rights and privileges afforded to public employees under existing State law; and WHEREAS, the City Council desires to acknowledge and affirm the City Manager's authority to administer and manage the Plans. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Manager is authorized to take any and all actions necessary to administer and manage the Plans. Section 2: The City Manager is authorized to execute on the City's behalf any and all agreements related to or arising from the City Manager's administration and management of the Plans. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. 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. Resolution No. 2017-65 Page 2 of 2 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 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 24th day of October, 2017. ATTEST: C' Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 1 r Aa C. H rp City Attorne Kevin Muldoon Mayor 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. 2017-65 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 241h day of October, 2017; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of October, 2017. Leilani I. Brown City Clerk Newport Beach, California