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Home My WebLink AboutCC Reso No 1986-18I ~ RESOLUTION NO. 86-18 A RESOLUTION OF THE CITY; COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING EXECUTION OF THE JOINT POWERS AGREEMENT CREATING THE SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND FURTHER APPROVING PARTICIPATION IN ITS JOINT PROTECTION '~ PROGRAM SUBJECT TO THE LIMITATIONS HEREIN CONTAINED. ' WHEREAS, pursuant to the provisions of Sections 990, 990.4, 990.8 ', and 6500 of the Government Code of the State of California, the I Southern California Joint Powers Insurance Authority (the "Authority") has been created by a Joint Powers Agreement; and ~ WHEREAS, a Joint Protection Program has been developed by the Authority, pursuant to the provisions of said Agreement, which ~ Program became effective April 1, 1978, pursuant to the provisions of ~ Article 21(b) of said Agreement; and , WxEREAS, said agreement has been amended from time to time and has remained in effect to the present time; and WHEREAS, Article 22 of said agreement authorizes the entry of new member cities into said Joint Protection Program following approval , I' of the Board of Directors of the Authority and payment by the new city of its share of the organizational expenses as determined by the Board, including those necessary to analyze its loss data and _ determine the city's premium; and WHEREAS, the Executive Committee has received the application of the City of Lake Elsinore for membership in the Authority and, at a regular meeting thereof on February 26, 1986, approved said applica- tion subject to the Board of Directors in writing amending the I Agreement to include the City of Lake Elsinore as a party signatory to the Agreement and subject to the following additional conditions: 1. That the City of Lake Elsinore Ordinance No. 711 remain i ' in full force and effect; and 2. Any development built below the 1270 level, approved by the City, would not come under the Authority's protection as to ~ any damages caused by flooding; and , WHEREAS, the City has paid its proportionate share of organizational expenses, including those necessary to analyze its 'i loss data and determine its initial premium; and RESOLUTION NO. 86-18 PAGE 2 ; WHEREAS, on March 11, 1986, the City adopted Resolution No. j 86-13 entitled: I' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY I OF LAKE ELSINORE~ RIVERSIDE COUNTY, CALIFORNIA~ II APPROVING EXECUTION OF THE JOINT POWERS AGREE- ' MENT CREATING SOUTHERN CALIFORNIA JOINT POWERS INSURANCE AUTAORITY, AND FURTHER APPROVING PARTICIPATION IN ITS JOINT PROTECTION PROGRAM PROVIDING LIABILITY COVERAGE THROUGH SELF- INSURANCE, LOSS POOLING AND EXCE55 INSURANCE°; i and WHEREAS, the Board of Directors has qiven its written consent to I', amending the Agreement to add the City of Lake Elsinore as a party signatory thereto; and WHEREAS, the City of Lake Elsinore as a party signatory thereto would have all of the rights and benefits of other member cities of the Authority, including the protection afforded by the Authority's purchase of excess indemnity insurance; and ~ WHEREAS, following the approval of inembership of the City of Lake Elsinore in the Authority, the Authority's indemnity and excess insurance carrier has declined to include the City of Lake Elsinore as an additional insured; and II WHEREAS, the Executive Committee of the Authority has authorized ~ the Insurance Manager to release the City of Lake Elsinore from its I application inasmuch as the Authority will be unable to provide any public liability protection for the City of Lake Elsinore through excess insurance at this time; and I WHEREAS, the City Council of the City of Lake Elsinore has reviewed the Joint Protection Program of the Authority and, not- withstanding the limitations imposed by the Executive Committee's , approval and the lack of excess indemnity insurance, has concluded that the Program offers significant advantages to the City in terms of cost, liability protection and services, and entering into such Program subject to the limitations hereinafter set forth should be and is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED: RESOLUTION NO. 86-18 PAGE 3 SECTION 1. Resolution 86-13 heretofore adopted by the City Council on March 11, 1986, is hereby repealed. SECTION 2. The Mayor of this City is hereby authorized and directed to execute that certain Agreement entitled "Joint Powers Agreement: Creating the Southern California Joint Powers Insurance Authority" on behalf of the City, binding the City to the terms and covenants of said Agreement. SECTION 3. The City, by adoption of this Resolution, acknowledges that the coverage provided for it pursuant to the aforementioned joint protection agreement is subject to the following limitations: "1. That the City of Lake Elsinore Ordinance 711 remain in full force and effect; and ' 2. Any development built below the 1270 level, approved by the City, would not come under the Authority's protection as to any damages caused by flooding. 3. Until such time as the Authority is able to obtain excess insurance or indemnity protection for the City as afforded to other city members of the Authority, the protection afforded the City will be limited to the coverage provided by the Joint Protection Pool not exceeding $500,000.00 per incident." SECTION 4. The City hereby joins the Joint Protection Program of the Southern California Joint Powers Insurance Authority subject to the limitations set forth in Section 3 hereof and the terms and provisions of said Aqreement, for a period of not less that three years. SECTION 5. The initial annual general and automobile ~ liability coverage deposit of $55,000.00 (does not include excess coverage), as determined by the Authority, is approved, and the I appropriate officers of the City are authorized to pay the same to the Authority, or such pro rata part thereof as the Authority might i determine for coverage of less than a fiscal year. _ ~--- -- ~ RESOLUTION 86-18 ~I PAGE 4 ~ SECTION 6. This Resolution shall be effective retroactive I II to March 11, 1986, when the City Council adopted Resolution 86-13 i I which is hereby superseded. I ~ ' SECTION 7. The City Clerk is directed to forward a I certified copy of this Resolution to Southern California Joint Powers I Insurance Authority, 4952 La Palma Avenue, La Palma, California l 90623, and membership in the Authority shall be effective on the I i ~ 9Qth day of March , 1986. _ I I~I i A ril > ~ is 9th da of p ADOPTED AND APPROVED th y ~ 1986 by the following vote: AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA I i NOES: COUNCILMEMBERS: NONE I i ABSENT: COUNCILMEMBERS: NONE I I ABSTENTION: COUNCILMEMBERS: NONE ~ I I I i I ~ ARTA VALENZUELA, OR CITY OE LAKE ELS ORE i ATTEST: 'I ~i II ~ ANN,MONEY, CITY CL i APPROVED AS TO FORM: Y V ~/ I JOHN HAR ER, TY ATTORNEY II I I I ~ II j ~ ~ i I ~ I I ~ I - ~ _,_ _ _ ~ _ ---- ----- , . , j . , ; ~ ~ I, j STATE OF CALIFORNIA ) ) ss. ~ i COUNTY OF RIVERSIDE ) ~ , I, Jo Ann Money City Clerk of the City of Lake E1Sinore, ~ DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the ~ City Council of the City of Lake Elsinore at a regular meeting of said I Council on the gth day of A ri1, 1986 , and ~ I that it was so adopted by the fol owing vote: I~ AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZU~LA NOES: COUNCILMEMBERS: NONE li ~ ~ ~ ABSENT: COUNCILMEMBERS: NONE I , ' ' , , J NN MONEY, CIT CLERK / T Of LAKE ELSINORE ' (SEAL) - I~ STATE OF CALIFORNIA ) - I ) ss. J ; COUNTY OF RIVERSIDE ) ~ , . . 'i ~' I Jo Ann Money, City Clerk of the City of Lake Elsinore, , DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 86-18 , of said Council, and that the same I ' has not been amended or re-` peaTed. - I I ~ DATED: April 21, 1986 I ~ I'I n~ i 0 ANN MONEY, CI CL RK I'~ C TY OF LAKE ELSINORE / I ~ (SEAL) ,I ' ,I , , ' - ~ ~ ~ ~ 1 ' i ,.~ i_.-_ _--.~. ~