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HomeMy WebLinkAbout03 - To Terminate the Joint Exercise of Powers Agreement and Dissolve the Joint Powers Employee Benefit Authority Effective at the End of Fiscal Year 2020-21, June 30, 2021Q �EwPpRT O c — '9 TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report November 24, 2020 Agenda Item No. 3 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov Barbara J. Salvini, Human Resources Director - 949-644-3259, bsalvini@newportbeachca.gov PREPARED BY: Barbara J. Salvini, Human Resources Director, bsalvini@newportbeachca.gov PHONE: 949-644-3259 TITLE: Resolution No. 2020-97: To Terminate the Joint Exercise of Powers Agreement and Dissolve the Joint Powers Employee Benefit Authority Effective at the End of Fiscal Year 2020-21, June 30, 2021 ABSTRACT: In 1987, the cities of Costa Mesa and Newport Beach entered into a Joint Exercise of Powers Agreement (Agreement) to create the Joint Powers Employee Benefit Authority (JPEBA). In 1988, the JPEBA established a Medical Premium Retirement Benefit Plan (the Plan). The purpose of the Plan was to foster employee retention and morale by providing participants with the ability to defer compensation to fund post-retirement medical coverage premium costs. The City of Garden Grove joined as a member of the JPEBA in 1991 and participated in the Plan as well. Due to regulatory changes in the Internal Revenue Code, the City closed contributions to the Plan effective January 1, 2005 and grandfathered any amounts deferred, earned or invested on or before December 31, 2004. Presently, all Plan funds have been paid to the Plan participants and there are no Plan assets held by the City. The cities of Newport Beach, Costa Mesa and Garden Grove all wish to officially terminate the Agreement and dissolve the JPEBA effective June 30, 2021. Pursuant to the terms of the 1987 JPEBA Agreement, a resolution must be passed to terminate the Agreement and dissolve the JPEBA. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2020-97, A Resolution of the City Council of the City of Newport Beach, California, to Terminate the Joint Exercise of Powers Agreement and Dissolve the Joint Powers Employee Benefit Authority Effective at the End of Fiscal Year 2020- 21, June 30, 2021. 3-1 Resolution No. 2020-97: To Terminate the Joint Exercise of Powers Agreement and Dissolve the Joint Powers Employee Benefit Authority Effective at the End of Fiscal Year 2020-21, June 30, 2021 November 24, 2020 Page 2 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: On November 23, 1987, the City Council approved Resolution 87-167 which authorized the City to enter into a Joint Exercise of Powers Agreement (Agreement) with the City of Costa Mesa to create a Joint Powers Employee Benefit Authority (JPEBA). Effective January 1, 1988, the JPEBA established the Medical Premium Retirement Benefit Plan (the Plan), the purpose of which was to promote employee retention and morale by providing the ability to defer compensation to a fund which would be accessed by employees after they retired to cover post-retirement medical coverage premium costs. On June 18, 1991 the City of Garden Grove joined JPEBA and also participated in the Plan. Section 409A was added to the Internal Revenue Code effective January 1, 2005, imposing new regulations on nonqualified deferred compensation after December 31, 2004. Based on these regulatory changes, the City closed contributions to the Plan effective January 1, 2005 and permissibly grandfathered any amounts deferred, earned or invested on or before December 31, 2004 under the law applicable to deferred compensation before the enactment of 409A. Presently, all the grandfathered amounts have been distributed to the Plan participants and there are no Plan assets held by the City. Section 17.01 of the Agreement sets forth the procedure for terminating the Agreement in pertinent part as follows: The governing bodies of the Members may determine that the public interest will not be served by the continuance of this Agreement. If within any one hundred twenty (120) day period the governing bodies of three quarters (3/4) or more of the Members adopt a Resolution of Termination, then this Agreement shall be terminated effective at the end of the fiscal year specified by such Parties at the time of voting.... The governing bodies of the Cities of Costa Mesa and Garden Grove will be presented with resolutions for termination of the Agreement on December 8, 2020 and December 15, 2020 respectively. Due to the fact there are no more Plan assets and the other members of the JPEBA will formally be terminating the Agreement, it is recommended the City Council adopt the attached Resolution to formally terminate the Agreement and dissolve the Authority effective at the end of Fiscal Year 2020-21 on June 30, 2021. 3-2 Resolution No. 2020-97: To Terminate the Joint Exercise of Powers Agreement and Dissolve the Joint Powers Employee Benefit Authority Effective at the End of Fiscal Year 2020-21, June 30, 2021 November 24, 2020 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2020-97 3-3 ATTACHMENT A RESOLUTION NO. 2020- 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, TO TERMINATE THE JOINT EXERCISE OF POWERS AGREEMENT AND DISSOLVE THE JOINT POWERS EMPLOYEE BENEFIT AUTHORITY EFFECTIVE AT THE END OF FISCAL YEAR 2020-21, JUNE 30, 2021 WHEREAS, in November 1987, the City Council of the City of Costa Mesa and the City Council of the City of Newport Beach adopted resolutions (Resolution Nos. 87-107 and 87-167, respectively) authorizing them to execute a Joint Exercise of Powers Agreement ("Agreement") creating the Joint Powers Employee Benefit Authority ("JPEBA") to establish, manage, operate and maintain employee benefit programs; WHEREAS, effective January 1, 1988, the JPEBA established the Medical Premium Retirement Benefit Plan (the "Plan"), the purpose of which was to promote retention and employee morale by providing the ability to defer compensation to fund post-retirement medical coverage premium costs; WHEREAS, on June 18, 1991, the City Council of the City of Garden Grove adopted Resolution No. 7380-91, authorizing the addition of the City of Garden Grove as a party to the Agreement including participation in the Plan; WHEREAS, effective January 1, 2005, Section 409A was added to the United States Internal Revenue Code of 1986 and imposed new regulations on nonqualified deferred compensation plans after December 31, 2004; and WHEREAS, effective January 1, 2005, the Plan was bifurcated as follows: with all amounts deferred, earned and invested on or before December 31, 2004 being grandfathered ("Grandfathered Amounts") under the law applicable to deferred compensation before the enactment of Section 409A, and all amounts deferred, earned and invested after December 31, 2004, regulated under Section 409A ("409A Amounts"); WHEREAS, the cities of Newport Beach and Costa Mesa discontinued further contributions to the Plan effective January 1, 2005, with the City of Garden Grove ceasing future contributions to the Plan effective December 31, 2006; WHEREAS, the City of Newport Beach distributed final reimbursements (assets) to participants in March 2007, and with no further carryforward balance, the Plan fund closed; WHEREAS, Section 17.01 of the Agreement provides that the governing bodies of the JPEBA members may determine that the public interest will not be served by continuance of the Agreement; 3-4 Resolution No. 2020 - Page 2 of 3 WHEREAS, Section 17.01 further provides that if the governing bodies of at least three-quarters (3/4) of the JPEBA members adopt a Resolution of Termination within any 120 -day period, then the Agreement shall be terminated at the end of the fiscal year, defined by the Agreement as ending on June 30 of each year; WHEREAS, the Newport Beach City Council has determined that the public interest will not be served by continuing the Agreement and desires to adopt this resolution to terminate the Agreement and dissolve the JPEBA; and WHEREAS, the governing authorities for the Cities of Garden Grove and Costa Mesa will be presented with similar resolutions to terminate the Agreement on December 8, 2020 and December 15, 2020, respectively. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: That the Agreement should be terminated and the JPEBA dissolved effective at the end of Fiscal Year 2020-2021, June 30, 2021. Section 2: The City Manager or her designee is authorized to take all steps necessary to dissolve the JPEBA, including but not limited to execution of any and all documents required to dissolve the JPEBA. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part 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. 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. 3-5 Resolution No. 2020 - 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 24th day of November 2020. Will O'Neill Mayor Leilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 3-6