HomeMy WebLinkAboutCity Council - 5852 RESOLUTION NO. 5852
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE DEVELOPMENT
OF A POOLED EXCESS LIABILITY INSURANCE PROGRAM
WHEREAS, representatives of the City of Huntington Beach (the
"City" ) have examined the advisability of participating in a
pooled excess liability insurance program (the "Program" ) , which
may include the Cities of Garden Grove, Fullerton, Huntington
Beach, Los Angeles, Oakland, Oxnard, Pasadena, Pomona, Riverside,
Sacramento, San Bernardino, Santa Ana and San Diego, California
(the "Prospective Participants" ) , and have taken preliminary steps
to develop the Program; and
City is authorized by Part 6 of Division 3 .6 of Title 1 ,
Section 990 et seq. , of the California Government Code (the "Act" )
to insure itself against tort or inverse condemnation liability,
to insure its employees against injury resulting from an act or
omission in the scope of his employment and to insure against the
costs of defending such claims; and
Pursuant to section 990 .4 of the Act the City is authorized to
provide insurance by self-insurance which may be funded by
appropriations and to establish or maintain reserves for such
purposes; and
Pursuant to Section 990 .6 of the Act, the cost to the City of
such self-insurance is a proper charge against the City and
therefore the City Council of the City is authorized to make
premium payments for such coverage in an amount such City Council
determines to be necessary to provide such coverage; and
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Pursuant to section 990 .8 of the Act, the City is empowered to
obtain insurance coverage through a joint powers agreement with
other local public entities, and such pooling of self-insured
claims and the risk sharing of losses is not considered insurance
subject to regulation under the California Insurance Code; and
The Independent Cities Risk Management Authority (the
"Authority" ) is a joint exercise of Powers agency which currently
acts as insurance provider in a pooled excess liability program of
its member cities; and
City, along with the other Prospective Participants, proposes
to become a member of the Authority in order to implement the
Program; and
It is contemplated that the terms of the Program would be set
forth in a Liability Risk Coverage Agreement between the Authority
and the Prospective Participants; and
In order to adequately fund the claims payment fund of the
Program, it is contemplated that the Authority would issue bonds
payable from revenues of the Authority, including certain premium
payments made by the Prospective Participants;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
HUNTINGTON BEACH AS FOLLOWS:
This Council hereby approves the Program in concept, subject
in all respects to final approval, and authorizes the City
Attorney, the Deputy City Administrator and Risk Manager of the
City, and any other appropriate officers and officials of the
City, to proceed with the finalization of the Program and to
expend an amount not
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exceeding $3 ,000 for such purpose.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof, held on the
7th day of March, 1988
Mayor
ATTEST:
City Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
City Administrator City Attorney
AP OVED, TING DEPARTMENT:
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epu Ity
ministr or
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Res. No. 5852
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 7th day
of March 19 88 , by the following vote:
AYES: Councilmen:
Ke)y. ,r en, Fin] . Frtkinp,_Md,�iS, WinrhP11 , Bannister
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of. the City
of Huntington Beach, California
5852