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
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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