HomeMy WebLinkAboutCC AG PKT 2006-06-26 #R Oq
AGENDA REPORT
DATE: June 26, 2006
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: June Yotsuya, Assistant City Manager
SUBJECT: RESOLUTION NO. ESTABLISHING POLICY DELEGATING
TORT LIABILITY CLAIMS HANDLING RESPONSIBILITIES TO
THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
SUMMARY OF REQUEST:
Staff recommends that the City Council adopt Resolution No establishing a policy that
delegates tort liability claims handling responsibilities to the California Joint Powers Insurance Authority
(CJPIA) as authorized by Government Code Sections 910, et seq.
DISCUSSION:
Since the City of Seal Beach joined the California Joint Powers Insurance Authority (CJPIA), all
processing and resolution of claims (rejection or settlement) has been administered through the Authority
and its claims administrator, Carl Warren & Company. The City Manager's Office through its risk
management program has been responsible for the basic claim handling and internal processing of claims
for the City and currently sends out claim letters based on direction from the CJPIA and Carl Warren and
Company.
CJPIA continues to provide valuable expertise and coverage in managing the City's risk. CJPIA recently
took action to provide members with an additional alternative for the handling of liability claims filed
against them. The new alternative would allow member cities to fully delegate the entire tort liability
claims handling responsibility to the Authority. The Authority would assume the responsibility for all
correspondence to a claimant on the City's behalf and further streamline the process. CJPIA's third party
administrator provided this assistance to the City last year when the City was inundated with flood related
claims and it proved to be an invaluable service.
FISCAL IMPACT:
No direct fiscal impact.
AGENDA R
June 26, 2006
City Council Agenda Report — Resolution re: Delegation of Tort Liability Claims Handling to CJPIA
Page 2
RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. establishing a policy that delegates tort
liability claims handling responsibilities to the California Joint Powers Insurance Authority as authorized
by Government Code Sections 920, et seq.
Submitted by:
./ i a �I
J Yotsuy %ssistan ity Manager
N TE • ND APP' • E P .
John y! B • orski, City Manager
achment:
Resolution
RESOLUTION NO. .b 6 1 7 1-
A RESOLUTION OF THE CITY OF SEAL BEACH ESTABLISHING A
POLICY THAT DELEGATES TORT LIABILITY CLAIMS
HANDLING RESPONSIBILITIES TO THE CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY AS AUTHORIZED BY
GOVERNMENT CODE SECTIONS 910, ET SEQ.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Whereas, the City of Seal Beach is a member of the California Joint Powers
Insurance Authority (California JPIA), and pursuant to Government Code sections
990.4, et seq. and 6500 et seq. pools its self- insured liability claims and losses with other
California JPIA members under a Memorandum of Coverage; and
Whereas, the Joint Powers Agreement creating the California JPIA authorizes it
to exercise powers common to members and appropriate to defend and indemnify
members from liability claims under the Memorandum of Coverage,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City of Seal Beach delegates to California JPIA authority to act
on its behalf pursuant to Government Code sections 910, et seq. to accept, reject, return
as insufficient, or return as untimely any claims against it, and to provide any notices
authorized under those statutes on behalf of the City of Seal Beach.
SECTION 2. This Resolution shall become effective immediately upon its
adoption.
SECTION 3. The City of Seal Beach City Clerk shall certify to the adoption of
this Resolution.
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at
a regular meeting thereof held on the 26th day of June , 2006 by the following vote:
AYES: Councilmember
NOES: Councilmember
ABSENT: Councilmember
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
1, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number on file in the office of the
City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a
regular meeting thereof held on the 26th day of June , 2006.
City Clerk