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Executive Committee Agenda January 20, 2011 Page 1
CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY
EXECUTIVE COMMITTEE MEETING
January 20, 2011 - 10:00 A.M.
City of Petaluma Risk Management Office
1304 Southpoint Blvd., STE 250 Petaluma, CA 94954
(707) 776-3695
AGENDA
I. CALL TO ORDER: 10:00 A.M.
II. ROLL CALL
III. APPROVAL OF MINUTES
• Minutes of the Executive Committee meeting held on November 18, 2010 and December 8, 2010. (Pages 4-11)
IV. COMMUNICATIONS
A. Executive Committee Members
B. General Manager/Secretary
C. Next Scheduled Meetings: Board of Directors (03/17/2011)
Executive Committee (04/21/2011)
V. CONSENT CALENDAR
• None
VI. THIS TIME IS RESERVED FOR MEMBERS OF THE PUBLIC TO ADDRESS THE EXECUTIVE COMMITTEE ON MATTERS OF EXECUTIVE COMMITTEE BUSINESS
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Executive Committee Agenda January 20, 2011 Page 2
VII. ACTION CALENDAR
1. Report from the Standing Committees (Page 12)
2. General Manager’s Goals & Objectives (Pages 13-16)
3. Risk Management Issues (Page 17)
VIII. CLOSED SESSION
1. Government Code Section 54956.8
Conference with real property negotiators.
Real Property Transaction; Closed Meeting With Negotiator
Property: 3252 Constitution Drive, Livermore, CA 94551 Agency Negotiator: David Clovis, CJPRMA Negotiating Party: Tri-Valley Learning Corporation Under Negotiation: Price and Terms of Payment
2. Government Code Section 54956.9 (a)
Conference with Legal Counsel – Pending Litigation
Name of Case: Hayes v. Tafoya
3.
Court: Superior Court of California – County of Yolo Case No.: CVPM 852
Government Code Section 54956.9 (a)
Name of Case:
Conference with Legal Counsel – Pending Litigation
Karim v. City of Pomona
4.
Court: Los Angeles County Superior Court – East District – Pomona North Case No.: KC 047449J
Conference with Legal Counsel – Pending Litigation Government Code Section 54956.9 (a)
Name of Case: Strauch v. City of Chico
Court: Superior Court of California – County of Butte Case No.: 147066
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Executive Committee Agenda January 20, 2011 Page 3
5. Government Code Section 54956.9 (a)
Name of Case:
Conference with Legal Counsel - Pending Litigation
Vanderheiden v. City of Alameda
6.
Court: Alameda County Superior Court Case No.: RG 06283619
Government Code Section 54956.95 (a)
Name of Case:
Conference with Legal Counsel - Pending Litigation
Gonzalez-Fuentes v. Hammerman, et al.
7.
Court: Superior Court of California, County of Sonoma Case No.: SCV 245373
Government Code Section 54956.95 (a)
Name of Case:
Conference with Legal Counsel - Pending Litigation
Avery v. City of Roseville, et al.
Court: Superior Court of California, County of Placer Case No.: SVC 24149
VIII. ACTION ON CLOSED SESSION ITEMS
IX. ADJOURNMENT
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Executive Committee Meeting Minutes November 18, 2010 Page 1
CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY
EXECUTIVE COMMITTEE MEETING
November 18, 2010 - 10:00 A.M.
Loomis Depot Building 5775 Horseshoe Bar Road
Loomis, CA 95650
(916) 652-6843
Minutes
I. CALL TO ORDER: President Handy called the meeting to order at 9:57 a.m.
II. ROLL CALL
PRESENT
1) Darrell Handy, Alameda 2) Janet Hamilton, Lodi 3) Ron Blanquie, Petaluma
4) Kathleen Williams, Stockton 5) Roger Carroll, SCORE
ABSENT
Anthony Giles, Sunnyvale, Stacey Haney, Roseville, Bill Henderson, Livermore
OTHERS PRESENT
6) Byrne Conley, Gibbons &
Conley 7) David Clovis, CJPRMA
III. APPROVAL OF MINUTES
• A motion by Director Williams, seconded by Director Carroll, to approve the
minutes of the Executive Committee meeting held on September 21, 2010 and October 07, 2010, passed unanimously.
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Executive Committee Meeting Minutes November 18, 2010 Page 2
IV. COMMUNICATIONS A. Executive Committee Members
B. General Manager/Secretary
C. Next Scheduled Meetings: Board of Directors (12/16/2010)
Executive Committee (1/20/2011) to be held in the City of Petaluma
V. CONSENT CALENDAR
• None
VI. THIS TIME IS RESERVED FOR MEMBERS OF THE PUBLIC TO ADDRESS THE EXECUTIVE COMMITTEE ON MATTERS OF EXECUTIVE COMMITTEE BUSINESS
VII. ACTION CALENDAR
1. Review of Board Policies
The general manager provided the Executive Committee with board policies that were previously recommended to the Board of Directors but never adopted. These policies were created after the Strategic Planning Session, which was led by consultant Gail Mancarti. The Executive Committee noted that the Board of Directors had moved away from the annual presentation by each board member. The Executive Committee recommended that these presentations be reinstated with a structured form of presentation. It is often helpful for board members to understand the challenges facing other entities. The general manager will edit the policies based upon the results of the most recent strategic plan and bring the policies back to the Executive Committee at a future meeting. The Executive Committee commented that it would be beneficial to conduct specialized training at board meetings that would enhance the sophistication of our board members. The Executive Committee supported the general manager’s recommendation to conduct a Brown Act and parliamentary procedure training at an upcoming Board of Director’s meeting.
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Executive Committee Meeting Minutes November 18, 2010 Page 3
2. Personnel Policies and Employee Handbook
The general manager provided the Executive Committee with the Personnel Policies and Employee Handbook dated November 18, 2010. The handbook was prepared for CJPRMA by Labor Attorney Carol Lee Kilduff from the law firm of Angelo, Kilday and Kilduff. The handbook documents existing CJPRMA policies into a single source. A motion by Director Carroll, seconded by Williams, to approve the Personnel Policies and Employee Handbook, passed unanimously.
3. Report from the Standing Committees
Director Williams stated that the Education and Training Committee continued to evaluate training programs that would benefit all CJPRMA members. These programs included: Risk Management Plans for Sanitary Sewer Overflows, Risk Management for Supervisors, Public Works Training and Controlling Contractor Liability. All of the above courses have been provided by CJPRMA previously and it is recommended that these courses be scheduled at multiple locations convenient to our members. She also stated that in addition to the above courses, additional areas of interest are, special events and contracts as a presentation to the Board of Directors, fine arts coverage issues including valuing the exposure, essentials of risk management and a basic class in how to review an actuarial report. Other topics discussed were mentoring programs, establishing a base metrics of basic risk management training, core competency and to develop a matrix of existing competencies by board members. The Claims and Coverage Committee reviewed land use issues and land use regulations at their most recent meeting. Board Counsel Byrne Conley discussed an amicus brief that was prepared by CJPRMA supporting the most recent Yorba Linda case involving land use. The committee will continue to evaluate CJPRMA coverage and will provide input to the general manager for the upcoming renewals.
There was no report provided by the Risk Management Committee. It was noted that numerous items being prepared by the Education and Training Committee were also of interest to the Risk Management Committee and had been discussed by its members.
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Executive Committee Meeting Minutes November 18, 2010 Page 4
4. General Manager’s Goals & Objectives
The general manager presented a proposed set of goals and objectives for 2010-2011. The goals were revised from the previous goals and objectives and were created based upon the mission of CJPRMA and consistent with the organization strategic direction. The new goals and objectives were created without a weighting measure. The committee discussed at length the aspect of weighting of the goals and objectives. The committee expressed to the general manager the importance of providing organizational direction and for providing options to the Board of Directors for its continued performance. The general manager will continue to update the Executive Committee and Board of Directors on the goals and objectives at every meeting. The Executive Committee requested that the goals and objectives as submitted be discussed and approved at the December 2010 Board of Directors meeting.
5. Risk Management Issues The general manager discussed with the committee the options for the location of the annual meeting. The committee after much discussion agreed that based upon the costs associated with an annual meeting, that the meeting be held at the CJPRMA office in Livermore. The committee members requested that we continue to consider alternative locations for annual meetings in the future. The general manager relayed a request from Director Margolies regarding use of in-house attorneys for litigation. Director Margolies noted that other JPAs were currently reimbursing members for the costs of in house litigators. The committee asked the general manager to contact other pools to determine if this item should be evaluated further by CJPRMA. This item will be referred to the Coverage and Claims Committee for further review.
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Executive Committee Meeting Minutes November 18, 2010 Page 5
VIII. CLOSED SESSION
1. Government Code Section 54956.8
Conference with real property negotiators.
Real Property Transaction; Closed Meeting With Negotiator
Property: 3252 Constitution Drive, Livermore, CA 94551 Agency Negotiator: David Clovis, CJPRMA Negotiating Party: Tri-Valley Learning Corporation Under Negotiation: Price and Terms of Payment
2. Government Code Section 54956.95 (a)
Name of Case:
Conference with Legal Counsel - Pending Litigation
Gonzalez-Fuentes v. Hammerman, et al.
3.
Court: Superior Court of California, County of Sonoma Case No.: SCV 245373
Government Code Section 54956.95 (a)
Name of Case:
Conference with Legal Counsel - Pending Litigation
Avery v. City of Roseville, et al.
VIII. ACTION ON CLOSED SESSION ITEMS
Court: Superior Court of California, County of Placer Case No.: SVC 24149
• None
IX. ADJOURNMENT
• A motion by Director Hamilton, seconded by Director Carroll, to adjourn the meeting at 3:40 p.m., passed unanimously.
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Special Meeting of the Executive Committee Minutes December 08, 2010 Page 1
CALIFORNIA JOINT POWERS RISK MANAGEMENT AUTHORITY
SPECIAL MEETING OF THE EXECUTIVE COMMITTEE
December 08, 2010 - 2:00 P.M. (Telephonic Meeting)
CJPRMA OFFICE
3252 Constitution Drive Livermore, CA 94551
Dial in # 866-866-2244
Participant Code: 1098199
1. City of Alameda, 2263 Santa Clara Ave., Room 130, Alameda, CA 94501 2. City of Livermore, 1025 S. Livermore Ave., Livermore, CA 94550
3. City of Lodi, 221 West Pine St., Lodi, CA 95240 4. City of Petaluma, 1304 Southpoint Blvd., Suite 250., Petaluma, CA 94954
5. City of Roseville, 311 Vernon Street., Roseville, CA 95678 6. SCORE, 3665 Taylor Rd., Loomis, CA 95650
7. City of Stockton, 22 East Weber Avenue, Suite 150., Stockton, A 95202 8. City of Sunnyvale,505 West Olive Ave., Suite 200 Sunnyvale, CA 94086
9. Gibbons & Conley, 1333 North California Blvd., Suite 110, Walnut Creek, CA 94596-4534
MINUTES
I. CALL TO ORDER:
President Handy called the meeting to order at 2:01 p.m.
II. ROLL CALL
PRESENT
1) Darrel Handy, Alameda 5) Stacey Haney, Roseville 2) Bill Henderson, Livermore 6) Kathleen Williams, Stockton 3) Janet Hamilton, Lodi 7) Anthony Giles, Sunnyvale 4) Ron Blanquie, Petaluma
ABSENT
Roger Carroll, SCORE
OTHERS PRESENT
8) Byrne Conley, Gibbons & Conley 9) David Clovis, CJPRMA
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Special Meeting of the Executive Committee Minutes December 08, 2010 Page 2
III. APPROVAL OF MINUTES
• None
IV. PRESENTATIONS
• None
V. CONSENT CALENDAR
• None
VI. THIS TIME IS RESERVED FOR MEMBERS OF THE PUBLIC TO ADDRESS THE EXECUTIVE COMMITTEE ON MATTERS OF EXECUTIVE COMMITTEE BUSINESS
VII. ACTION CALENDAR
• None
VIII. CLOSED SESSION
1. Government Code Section 54956.9 (a)
Name of Case:
Conference with Legal Counsel - Pending Litigation
Vanderheiden v. City of Alameda
2.
Court: Alameda County Superior Court Case No.: RG 06283619
Government Code Section 54956.8
Conference with real property negotiators.
Real Property Transaction; Closed Meeting With Negotiator
Property: 3252 Constitution Drive, Livermore, CA 94551 Agency Negotiator: David Clovis, CJPRMA Negotiating Party: Tri-Valley Learning Corporation Under Negotiation: Price and Terms of Payment
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Special Meeting of the Executive Committee Minutes December 08, 2010 Page 3
IX. ACTION ON CLOSED SESSION ITEMS
President Handy announced that the Executive Committee provided the general manager with settlement authority in the case of Vanderheiden v. City of Alameda. The Executive Committee approved the recommended proposal from the general manager for the sale of 3252 Constitution Drive, Livermore, CA 94551.
X. ADJOURNMENT A motion by Director Haney, seconded by Director Hamilton to adjourn the meeting at 2:31 p.m., passed unanimously.
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CALIFORNIA JOINT POWERS
RISK MANAGEMENT AUTHORITY
AGENDA BILL
Item #: 1 Title: REPORT FROM THE STANDING COMMITTEES Meeting: 1/20/2011
General Manager:
Recommended Action:
None. This item is being provided for information and discussion purposes only.
Item Explanation:
The chair from each standing committee will provide status updates on their committee assignments. This item will be placed in all future Executive Committee agendas as a standing agenda item.
Fiscal Impact:
None.
Exhibits:
None.
Executive Committee Action:
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CALIFORNIA JOINT POWERS
RISK MANAGEMENT AUTHORITY
AGENDA BILL
Item #: 2 Title:
GENERAL MANAGER’S GOALS AND OBJECTIVES Meeting: 01/20/2011 FOR 2010 - 2011
General Manager:
Recommended Action:
None. This item is being provided for information and discussion purposes only.
Item Explanation:
The Board of Directors approved the General Manager’s Goals and Objectives for 2010-2011 at the December 16, 2010 board meeting. The general manager will be available to discuss the activities and accomplishments related to the goals. The Executive Committee expressed interest at the previous meeting to further discuss the weighting of the goals. The Executive Committee will continue their evaluation of the goals and provide the general manager with recommendations for future projects. The Executive Committee will be discussing the weighting and prioritization of these adopted goals.
Fiscal Impact:
None.
Exhibits:
1) General Manager’s Goals and Objectives 2010-2011
Board Action: Page 13
GENERAL MANAGER GOALS & OBJECTIVES FOR 2010-2011
GOALS Outcomes
• Maintain financial strength and
solvency.
The General Manager will monitor the development of programs and services for the organization that maintain the invested assets of CJPRMA, maintain or reduce the current costs to members and provide enhanced excess/reinsurance coverage to member exposures. Will make recommendation to the Board of Directors as needed.
• Promote effective Board Meetings and manage relationships with the Board of Directors.
Initiate agenda items and present policy recommendations at board and committee meetings; organize and manage committees and board meetings. Fulfill Agency’s records management obligations, including the proper retention and destruction of documents. Provide enhanced agendas that include a comprehensive evaluation of the issues and a recommendation from the General Manager.
• Process a smooth and seamless transition for the CJPRMA Broker of Record.
Coordinate all aspects of the transition to the newly selected broker, execute a new agreement, develop insurance marketing standards, develop a transition plan, create a contact list for members with team responsibilities and develop a report card tool to evaluate the effectiveness of the new broker.
• Manage the staff and operations of CJPRMA.
Manage all aspects of the CJPRMA Office. Work with staff to ensure that all goals of staff are developed to meet the goals and objectives of the organization. Manage and develop employees and ensure that customer service to members is always their number one priority. Develop staff skills and services to ensure activities are directed at achieving the mission of CJPRMA.
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• Establish training programs for
Board Members, staff and member entities.
Work with Education and Training
Committee and Risk Management Committee to determine outcomes for board member proficiency. While utilizing outcomes developed by standing committees, identify key risk management factors to enhance the function of board members, their staff and their agency overall approach to risk management.
• Create standards for member Risk
Management programs.
The General Manager will work with the Risk Management Committee to develop a set of CJPRMA audit standards to be used to evaluate existing members and agencies making application to the organization. In addition, a set of best practices will be developed as a guide to members and their organizations in their risk management efforts.
• Coordinate and manage the
proposed Charter School Development at the CJPRMA Office Site.
Coordinate and manage the process of defending the rights of CJPRMA related to the new office building and complex. Work with the Executive Committee and outside counsel in representing the impacts to our organization.
• Assist board members and
individual member agencies by resolving questions and issues concerning agency risk management practices and procedures.
Work with individual board members, alternates and agency staff regarding all aspects of risk management including but not limited to risk transfer, issuance of certificates of coverage, tracking of assets and all aspects of risk management.
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• Keep member agencies fully informed regarding CJPRMA programs and services and updates of legislative changes.
Meet with governing bodies and employee groups of member agencies. Represent Agency effectively by promoting its program and services, maintaining visibility in the community, and interfacing with members, officials and groups.
• Enhance the CJPRMA claims processing and litigation management program.
Develop a comprehensive litigation management program which will include site visits by the claims administrator, litigation management training of members and the implementation of enhanced RMIS capabilities.
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CALIFORNIA JOINT POWERS
RISK MANAGEMENT AUTHORITY
AGENDA BILL
Item #: 3 Title: RISK MANAGEMENT ISSUES Meeting: 1/20/2011
General Manager:
Recommended Action:
None. This item is being provided for information purposes only.
Item Explanation:
This item is reserved for the discussion of risk management issues that are of concern to the members and for the provision of status updates on the risk management program.
Issues that have been requested to be listed for discussion are set forth below. 1) Certificate of Insurance Tracking – ( David Clovis, CJPRMA) 2) Training Topics – (David Clovis, CJPRMA) 3) Reimbursement of In-House Attorney Fees – (Lynn Margolies, City of Santa Rosa)
Fiscal Impact:
None.
Exhibits:
None.
Board Action: Page 17