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:
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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.
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Lei ani I. Brown
City Clerk
Newport Beach, California
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