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HomeMy WebLinkAbout4.3 ABAG Ins Designation " . . ) 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: . Resolution Appointing Directors to ABAG PLAN Corporation on Behalf of the City of Dublin RECOMMENDATION: . q/ 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. PSR/lss a:727ABAG.doc.agenda#10 ITEM NO. ~ COPIES TO: CITY CLERK FILE ~~ .J . RESOLUTION NO. 90-92 . 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 "m"q~,-u . it C e - a:reso90agenda#10 .' . . RESOLUTION NO. 91 - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************ 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 A=~~ " a:reso91agenda#10