HomeMy WebLinkAbout2019-50 - Made Pursuant to California Labor Code Section 3600.2RESOLUTION NO. 2019-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, MADE
PURSUANT TO CALIFORNIA LABOR CODE SECTION
3600.2
WHEREAS, California employers are legally required to provide workers'
compensation benefits to their employees to cover work-related injuries;
WHEREAS, the City of Newport Beach offers coverage for this worker's
compensation benefit through a combination of a self-insured retention and excess
workers' compensation insurance through the California State Association of Counties
("CSAC") Excess Insurance Authority ("EIA");
WHEREAS, a recent legislative amendment to Labor Code Section 3600.2(b)
allows an employer to exercise its discretion on whether to accept a workers'
compensation claim filed by a peace officer who, while out-of-state, is injured while
engaging in the apprehension or attempted apprehension of law violators or suspected
law violators, or protection or preservation of life or property, or the preservation of the
peace if the employer determines that providing compensation serves the public purposes
of the employer;
WHEREAS, based on the amendment to Labor Code Section 3600.2, the EIA has
modified its Memorandum of Coverage ("MOC") and requires its covered employers to
adopt a resolution indicating the City's intent to exercise its discretion on whether to
accept a worker's compensation claim filed by a peace officer in accordance with Labor
Code Section 3600.2 in order for the City to maintain excess coverage provided by the
EIA;
WHEREAS, in the event the City chooses to accept a claim which falls within the
parameters identified above, the City Council must adopt a resolution prior to the injury
occurring in order for the EIA to provide excess coverage for the claim;
WHEREAS, the City Council wishes to be in conformance with the CSAC EIA
requirements that it adopt a resolution pursuant to Labor Code Section 3600.2(b)(4); and
WHEREAS, the City Council will determine at its discretion, on a case by case
basis, whether to accept or deny a claim that falls within the parameters of Labor Code
Section 3600.2.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Resolution No. 2019-50
Page 2 of 2
Section 1: The City Council does hereby adopt Resolution No. 2019-50 in
conformance with CSAC EIA requirements that it adopt a resolution pursuant to Labor
Code Section 3600.2. The City Council will determine at its discretion, on a case by case
basis, whether to accept or deny a claim that falls within the parameters of Labor Code
Section 3600.2.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 11th day of June, 2019
ATTEST:
Da"'JI
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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Aaron C. Harp
City Attorney
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Diane B. Dixon
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-50 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 111h day of June, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 121h day of June, 2019.
Leilani I. Brown
City Clerk
Newport Beach, California