HomeMy WebLinkAbout4.3 ABAG Ins Designation
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 27, 1992
SUBJECT:
Update on ABAG PLAN Insurance Coverage and
Designation of Employees to Represent the City of
Dublin
~ -<Prepared by: Paul S. Rankin, Assistant City
q.t:I-Manager)
EXHIBITS ATTACHED:
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Resolution Appointing Directors to ABAG PLAN
Corporation on Behalf of the City of Dublin
RECOMMENDATION:
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Resolution Designating Employees Authorized
to Appear in Small Claims Court
Adopt Resolutions
FINANCIAL STATEMENT:
Adoption of Resolutions will not have a direct
financial impact. Participation on the Board of
Directors will provide the City with one vote on
the approval of premiums for programs provided by
ABAG PLAN. Service on the Board of Directors is
assumed as part of the employee'S regular duties
and the Board Members do not receive any pay.
DESCRIPTION: The purpose of this report is to update the City
Council on activities of ABAG PLAN Corporation. In addition, Staff
recently reviewed the status of the City'S Liability Insurance Program. It
has been recommended that minor procedural changes should be made to comply
with the requirements of the program.
In June, the City Council approved new Risk Coverage Agreement, which
established procedures by which ABAG PLAN could also offer a partially
self-insured property insurance program. This document was unanimously
approved by all 26 of the City Councils which were member agencies in ABAG
PLAN Corporation. Beginning July 1, 1992, the total membership increased
to 28 agencies. All but two agencies are now participating in the property
insurance program which should create a sound base to provide coverage at a
reasonable cost.
The City has also received its invoice information for liability, property
and employee bond coverage. The total cost of these coverages is $106,736.
These premiums are an annual expense paid at the beginning of the fiscal
year. The total appropriation included in the adopted 1992-93 budget for
these coverages was $110,704. The actual expense incurred is 3.7% less
than the budget. In addition to having lower expenses, the City has also
received its 1992-93 dividend payment of $60,059. This represents surplus
equity collected by the liability insurance program in previous years.
Staff has prepared two resolutions which will assist with the continued
administration of the liability insurance program. The first resolution
makes a change in the designated representative to the ABAG PLAN Board of
Directors. The City Manager has evaluated the assignments undertaken by
his Staff, and at this time it would be beneficial to designate the
Management Assistant as the regular voting member. This position will also
be assuming responsibility for processing claims and various risk
management assignments.
Legal Counsel for ABAG PLAN has also advised City Staff of procedures
required for representation of the City in small claims court. ABAG PLAN
has indicated that the Code of Civil Procedure requires that
representatives be duly authorized. In some jurisdictions, the court has
requested a resolution. Based on input from the local court and ABAG PLAN
counsel, Staff has prepared a resolution.
Staff recommends that the City Council receive the status report and adopt
the two resolutions.
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ITEM NO. ~
COPIES TO:
CITY CLERK
FILE ~~
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RESOLUTION NO. 90-92
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPOINTING DIRECTORS TO ABAG PLAN CORPORATION
ON BEHALF OF THE CITY OF DUBLIN
WHEREAS, the City of Dublin has been a charter member of ABAG PLAN Corporation since
1986; and
WHEREAS, ABAG PLAN Corporation is now providing the City with liability insurance,
property insurance, and employee bonds, and
WHEREAS, ABAG PLAN Corporation is a self-funded insurance pool serving public
agencies; and
tIIIEREAS, the operations of these programs are governed by a Board of Directors
consisting of one representative from each member agency, and
WHEREAS, since the formation of ABAG PLAN Corporation in 1986, the City of Dublin's
designated representative has been the Assistant City Manager; and
tIIIEREAS, participation on the Board of Directors has been carried out by City Staff
as part of its regular duties and does not result in any remuneration to the employee, and
tIIIEREAS, since 1986, the City Manager has been designated as an Alternate Board
Member, and
WHEREAS, due to the need to efficiently distribute work assignments among the City
Manager's Staff it is recommended that the City Council change the designees to ABAG PLAN;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby designate the following individuals as appointees to the ABAG PLAN Board of
Directors:
Name
Richard Barker
Paul Rankin
Title
Management Assistant
Assistant City Manager
Desiqnation
Director
Voting Alternate Director
BE IT FURTHER RESOLVED that these appointments shall be in accordance with ABAG PLAN
Corporation Bylaws and the Memorandum of Coverage.
PASSED, APPROVED AND ADOPTED this 27th day of July, 1992 by the following vote:
AYES: Councilmembers Burton, Howard, Jeffery, Moffatt, and
Mayor Snyder
NOES: None
v~~,,d#-
Mayor
ABSENT: None
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RESOLUTION NO. 91 - 92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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DESIGNATING EMPLOYEES AUTHORIZED TO APPEAR IN SMALL CLAIMS COURT
ON BEHALF OF THE CITY OF DUBLIN
WHEREAS, California Code of Civil Procedure Section 116.540(c) specifies that
appearance in a small claims action may be through a regular employee; and
WHEREAS, the City of Dublin is a municipal corporation authorized to conduct business
as a general law city in the state of California; and
WHEREAS, the State Law explicitly states that the designated employee must be engaged
for purposes other than solely representing the party in small claims court; and
WHEREAS, it is desirable and necessary for the City Council to appoint an agent to act
for and on its behalf in the Small Claims Court of California, Livermore, Pleasanton, Dublin
Judicial District, County of Alameda; and
WHEREAS, the intent of this resolution is
authorization; and
to formally identify the basis for the
WHEREAS, the designated employee must also declare that the individual is not employed
solely to represent the City in small claims court.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby designate through the
adoption of this resolution the following positions are suitable for such appointment to
represent and appear for the City of Dublin in the lawful process of any and all claims
filed in Small Claims Court for and on behalf of the City of Dublin:
Position
Richard C. Ambrose, City Manager
Paul S. Rankin, Assistant City Manager
Phillip S. Molina, Finance Director
Lee S. Thompson, Public Works Director
BE IT FURTHER RESOLVED that the positions noted above have duties and responsibilities
which extend beyond the authorization identified in this resolution.
BE IT FURTHER RESOLVED that the City Manager shall retain the authority to designate
which of the authorized employees shall represent the City on any particular matter.
PASSED, APPROVED AND ADOPTED this 27th day of July, 1992, by the following vote:
AYES: Councilmembers Burton, Howard, Jeffery, Moffatt, and
Mayor Snyder
NOES: None
ABSENT:
None
ABSTAIN:
None
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