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Home My WebLink About4.06 LiabilityClaimsStaff CITY CLERK File # 170-10 AGEN DA STATEMENT CITY COUNCIL MEETING DATE: May 7, 2002 SUBJECT: Resolution Rescinding Resolution No. 101-90 and Establishing Staff Authority to Act on General Liability Claims. Report Prepared by: Julie Carter, Assistant to the City Manager ATTACItMENTS: 1. Resolution Rescinding Resolution No. 101-90 and Establishing Staff Authority to Act on General Liability Claims. 2. Resolution No. 101-90 RECOMMENDATION: ~ Adopt Resolution. FINANCIAL STATEMENT: None. DESCRIPTION: - The City of Dublin has participated as a Charter Member in the Association of Bay Area Governments Pooled Liability Assurance Network since 1986. Part 3 of Division 3.6 of Title 1 of the California Government Code (Sections 900 et seq) imposes certain enumerated duties upon the City Council relating to claims for money or damages which are presented to the City. Pursuant to California Government Code Section 935.4, the Dublin City Council has by resolution (Resolution No. 101-90) authorized the City Manager or his/her designees the authority to perform on behalf of the City Council the duties imposed upon the City Council by California Government Code Section 900 et seq, relating to claims for money or damages. Since 1990, the City Council has delegated claims settlement authority up to a maximum of $5,000 .per occurrence (Attachment 2) to the City Manager because the processing and settlement of certain claims can most efficiently be considered a ministerial responsibility of the City Manager or his/her designee. The membership of the ABAG PLAN includes 31 municipal government agencies. In reviewing the City's settlement authority limits with the Risk Manager of ABAG, PLAN Staff discovered that the City of Dublin's limit of $5,000 was the lowest among the represented cities. The majority of the 31 cities had settlement authority limits between $20,000 and $25,000. Based on this information, a review of recent claims history, and the rate of inflation over the past 12 years Staff is recommending that the City Council authorize an increase 'to the settlement authority limit to $20,000. REcoMMENDATION Staff recommends that the City Council adopt the attached Resolution establishing Staff authority to act on General Liability Claims under $20,000. COPIES TO: Marcus Beverly, ABAG, PLAN Eileen Barr, ABAG PLAN. ITEM NO. ATTACHMENT 1 RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION RESCINDING RESOLUTION NO. 101-90 AND ESTABLISHING STAFF AUTHORITY TO ACT ON GENERAL LIABILITY CLAIMS WHEREAS, the City of Dublin has participated as a Charter Member in the Association of Bay Area Governments Pooled Liability Assurance Network (ABAG PLAN); and WHEREAS, since 1986 ABAG PLAN has provided self-insured general liability coverage to the City of Dublin; and WHEREAS, Part 3 of Division 3.6 of Title 1 of the California Government Code (Sections 900 et seq) impose certain enumerated duties upon the City Council relating to claims for money or damages which are presented to the City; and WHEREAS, California Government Code Section 935.4 permits a City Council by resolution to authorize a City employee to perform the functions of the City Council relating to such claims; and WHEREAS, the processing and settlement of certain claims can most efficiently be considered a ministerial responsibility of the City Manager or his/her designee; and WHEREAS, the City Council is desirous of amending the City. Manager's settlement authority as stated in Resolution 101-90. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby rescind City of Dublin Resolution No. 101-90 in its entirety° BE IT FURTHER RESOLVED that the City Manager or his/her designee is hereby authorized to perform on behalf of the City Council the duties imposed upon the City Council by California Government Code Section 900 et seq, relating to claims for'money or damages. In accordance with Section 935.4, the claims settlement authority, which the City Council does hereby delegate to the City Manager or his/her designee, shall not exceed $20,000 (twenty thousand dollars). BE IT FURTHER RESOLVED that the Fiscal Officer of the City of Dublin shall be authorized to pay all claims which are settled within the limits presented within this resolution and in accordance with State Law. PASSED, APPROVED AND ADOPTED this 7~ day of May, 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATI'ACHMENT 1 RESOLUTIOM NO. 101 - 90 ATTACHMENT 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION RESCINDING I~ESOLUTION NO. 114-86 AND ESTABLISHING STAFF AUTHORITY TO ACT ON GENERAL LIABILITY CLAIMS WHEREAS, the City of Dublin has participated as a Charter Member in the Association of Bay Area Governments Pooled Liability Assurance Network (ABAG PLAN); and WHEREAS, since 1986 ABAG PLAN has provided self-insured general liability coverage to the City of Dublin; and WHEREAS, Part 3 of Division 3.6 of Title 1 of the California Government Code (Sections 900 et seq) impose certain enumerated duties upon the City Council relating to claims for money or damages which are presented to the City; and WHEREAS, California Government Code Section 935.4 permits a City Council by resolution to authorize a City employee to perform the functions of the City Council relating to such claims; and WHEREAS, ABAG PLAN has obtained an audit report which recommends that the elected bodies of the member agencies delegate these duties in accordance with State Law; and WHEREAS, the processing and settlement of certain claims can most efficiently be considered a ministerial responsibility of the City Manager or his/her designee; and WHEREAS, the City Council is desirous of amending the City Manager's settlement authority as stated in Resolution No. 114-86. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby rescind City of Dublin Resolution No. 114-86 in its entirety. BE IT FURTHER RESOLVED that the City Manager or his/her designee is hereby authorized to perform on behalf of the City'Council the duties imposed upon the City Council by California Government Code Section 900 et seq, relating to claims for money or damages. In accordance with Section 935.4, the claims settlement authority which the City Council does hereby delegate to the City Manager or his/her designee, shall not exceed $5,000 (five thousand dollars). BE IT FURTHER RESOLVED that the Fiscal Officer of the City of Dublin shall be authorized to pay all claims which are settled within the limits presented within this resolution and in accordance with State Law. PASSED, APPROVED AND ADOPTED this 23rd day of July, 1990. AYES:Councilmembers Hegarty, Jeffery, Snyder, Vonheeder, and Mayor Moffatt ,. NOES: None ( Ma~7~ k, ?ity Clerk