Resolution - 2006-43RESOLUTION NO. 200643
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING THE AMENDMENT AND
RESTATEMENT OF JOINT POWERS AUTHORITY, AND
AUTHORIZING, RATIFYING, AND APPROVING CERTAIN OTHER
OPERATING DOCUMENTS IN CONNECTION THEREWITH
WHEREAS, the City of West Covina is a municipal corporation organized and existing
• under and by virtue of the constitution and laws of the State of California (the "City"); and
WHEREAS, the Cities of Huntington Beach, Oxnard, West Covina, San Bernardino, and
Santa Ana are the current Member of the Big Independent Cities Excess Pool Joint Powers
Authority, a joint exercise of powers entity organized and existing under the laws of the State of
California (the "Authority"); and
WHEREAS, each Member of the Authority entered into that certain JOINT POWERS
AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT
POWERS AUTHORITY, executed and delivered in and after September 1998, as subsequently
amended; and
WHEREAS, the Authority approved and entered into certain operating documents to carry
out the purpose of the Authority to jointly develop and fund programs for comprehensive liability
coverage and other coverages, including but not limited to, Bylaws, the Liability Risk Coverage
Agreement, a Memorandum of Liability Coverage, and the Trust Agreement, all originally dated as
of October 1, 1988 and subsequently amended from time to time (the "Original Operating
Documents"); and
WHEREAS, the Authority entered into the form of the Original Operation Documents in
order to issue bonded indebtedness in October 1988 to fund the necessary reserves for the
comprehensive liability coverage provided to the Members of the Authority; and
WHEREAS, in October 2003, the Authority, with the subsequent approval and ratification
of the City Council of each Member, determined and approved actions to defease and retire said
bonded indebtedness in March 2004; and
WHEREAS, the Authority now desires to amend and restate the form of its operating
documents in order to provide clarity and efficiency in providing coverages to its Members, and to
allow the expansion of membership in the Authority to any public agency, as that term is defined in
the California Government Code commencing at Section 6500 et seq.; and
WHEREAS, the City desires to approve, ratify, and confirm in all respects all previous
actions taken by the City or any member of this City Council, this City (the "City Council") or any
other officer or staff member of the City with respects to the foregoing; and
WHEREAS, the forms of the following documents are on file with the City Clerk of the
City (the "City Clerk") and have been submitted to this City Council, and the Risk Manager of the
City (the "Risk Manager"), who in consultation with the City Attorney of the City (the "City
Attorney"), has examined and approved each document and has recommended that this City
Council direct the completion, where appropriate, and the execution and delivery of such
documents:
(a) the Joint Powers Agreement;
(b) the Amended Bylaws;
(c) the Memorandum of Liability Coverage;
• (d) the Liability Program;
(e) the Workers' Compensation Program.
NOW, THEREFORE, the City Council of West Covina does hereby find, determine,
resolve and order as follows:
SECTION 1. The foregoing recitals, and each of them, are true and correct.
Resolution No. 2006-43
June 6, 2006
SECTION 2. The amended and restated Joint Powers Agreement on file with the City
Clerk is approved in substantially the form presented at this meeting. The Mayor is hereby
authorized and directed, for and in the name of the City, to execute and deliver the Joint Powers
Agreement and such approval is to be conclusively evidenced by the execution and delivery
thereof.
• SECTION 3. The amended and restated form of the Operation Documents of the Authority
as listed hereinabove are hereby ratified and approved and the Original Operating Documents shall
no longer be in force and effect in accordance and as provided in these new Operating Documents.
SECTION 4. The Mayor, the City Clerk, the City Attorney, and any other proper officer of
the City are hereby authorized and directed, jointly and severally, to do any and all things and to
execute and deliver any and all documents necessary or proper for carrying out the actions
contemplated by this Resolution or any of the documents referred to herein.
SECTION 5. Any document, the execution of which by the Mayor, the City Clerk, the
City Attorney, or any other proper officer of the City is authorized by this Resolution, shall, in
absence or inability to act of such officer, be executed by any authorized designee of such officer,
such authorization to be given in writing.
SECTION 6. All actions previously taken by this City Council and by the officers and staff
of the City with respect to the matters addressed by this Resolution are hereby approved, ratified,
and confirmed in all respects.
SECTION 7. This Resolution shall immediately take effect from and after its date of
adoption.
PASSED AND APPROVED on this 6`h day of June 2006
Mayor to e H rfei
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 6`h day of June 2006, by the following vote of
the City Council:
AYES:
Hernandez, Lane, Sanderson, Touhey, Herfert
NOES:
None
ABSENT:
None
.
ABSTAIN:
None
City Clerk urie Carrico
APPROVED
AS TO FORM:
— e4*A,4City Attorney Arnold Al arez-Glasman
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