csrma · 6. csrma organization chart i p. 59 7. csrma service team i p. 61 i. adjournment per...

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CSRMA California Sanitation Risk Management Authority c/o ALLIANT INSURANCE SERVICES, INC. 100 Pine Street, 11th Floor, San Francisco, CA 94111 Fax: 415.402.0773 OFFICERS: RECENT PAST PRESIDENTS: Robert Reid, President Kevin Hardy 408.378.2407 2003-2006 Russ Baggerly, Vice President Randall Musgraves 805.646.5548 2001-2003 Date/Time: Thursday, May 13, 2010 LOCATION: Alliant Offices 10:00 AM 100 Pine Street, 11th Floor San Francisco, CA 94111 A. CALL TO ORDER A=Action I = Information B. PUBLIC COMMENTS V=Verbal C. GENERAL ADMINISTRATION 1. Meeting Minutes: November 10, 2009 & February 8, 2010 A p. 7 2. Reporting and Ratification of Claim Settlements A/V 3. CSRMA Employee Driving Standards Policy & Procedure I p. 13 D. CLOSED SESSION TO DISCUSS PENDING CLAIMS Action may be taken per Government Code Section 54956.95. A See reverse for full listing of claims to be discussed. Insurance License No.: 0C36861 POOLED LIABILITY PROGRAM COMMITTEE AGENDA E. CLAIMS ADMINISTRATION 1. Quarterly Claims Report as of March 31, 2010 I p. 31 2. CSRMA BPD Notification Letter to Homeowner I p. 33 F. UNDERWRITING ISSUES 1. MOC: Propolsed Additional Covered Party Endorsement A p. 37 2. New Member - San Elijo Joint Powers Authority I p. 39 G. LOSS CONTROL 1. Risk Control Workplan for 2010/11 I p. 41 2. Spring/Fall/Winter 2010/11 Area Training Update I p. 45 3. Employee Handbook Reviews I p. 47 4. Emerging Exposure: Power Generation V H. INFORMATION ITEMS 1. Article - San Leandro company grows as demand for water grows I p. 49 2. EBMUD Fats, Oils, and Grease mailing to Oakland Residents I p. 51 3. Medicare, Medicaid, and SCHIP Extension Act of 2007 Reporting Requirements - UPDATE I p. 55 4. Committee Comments V 5. CSRMA 2010 Meeting Calendar I p. 57 6. CSRMA Organization Chart I p. 59 7. CSRMA Service Team I p. 61 I. ADJOURNMENT Per Government Code section 54954.2, persons requesting disability-related modifications or accommodations, including auxiliary aids or services in order to participate in the meeting, are requested to contact Alliant at (415) 403-1400 twenty-four hours in advance of the meeting. Entrance to the meeting location requires routine provision of identification to building security. However, CSRMA does not require any member of the public to register his or her name, or to provide other information, as a condition to attendance at any public meeting and will not inquire of building security concerning information so provided. See Government Code section 54953.3. The next meeting is scheduled for September 23, 2010 2010 agendas.xls 1 5/6/2010

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CSRMA California Sanitation Risk Management Authority

c/o ALLIANT INSURANCE SERVICES, INC. 100 Pine Street, 11th Floor, San Francisco, CA 94111 Fax: 415.402.0773

OFFICERS: RECENT PAST PRESIDENTS:Robert Reid, President Kevin Hardy408.378.2407 2003-2006Russ Baggerly, Vice President Randall Musgraves805.646.5548 2001-2003

Date/Time: Thursday, May 13, 2010 LOCATION: Alliant Offices10:00 AM 100 Pine Street, 11th Floor

San Francisco, CA 94111A. CALL TO ORDER A=Action

I = InformationB. PUBLIC COMMENTS V=Verbal

C. GENERAL ADMINISTRATION1. Meeting Minutes: November 10, 2009 & February 8, 2010 A p. 72. Reporting and Ratification of Claim Settlements A/V3. CSRMA Employee Driving Standards Policy & Procedure I p. 13

D. CLOSED SESSION TO DISCUSS PENDING CLAIMSAction may be taken per Government Code Section 54956.95. ASee reverse for full listing of claims to be discussed.

Insurance License No.: 0C36861

POOLED LIABILITY PROGRAMCOMMITTEE AGENDA

E. CLAIMS ADMINISTRATION1. Quarterly Claims Report as of March 31, 2010 I p. 312. CSRMA BPD Notification Letter to Homeowner I p. 33

F. UNDERWRITING ISSUES 1. MOC: Propolsed Additional Covered Party Endorsement A p. 372. New Member - San Elijo Joint Powers Authority I p. 39

G. LOSS CONTROL1. Risk Control Workplan for 2010/11 I p. 412. Spring/Fall/Winter 2010/11 Area Training Update I p. 453. Employee Handbook Reviews I p. 474. Emerging Exposure: Power Generation V

H. INFORMATION ITEMS1. Article - San Leandro company grows as demand for water grows I p. 492. EBMUD Fats, Oils, and Grease mailing to Oakland Residents I p. 513. Medicare, Medicaid, and SCHIP Extension Act of 2007 Reporting Requirements - UPDATE I p. 554. Committee Comments V5. CSRMA 2010 Meeting Calendar I p. 576. CSRMA Organization Chart I p. 597. CSRMA Service Team I p. 61

I. ADJOURNMENT

Per Government Code section 54954.2, persons requesting disability-related modifications or accommodations, including auxiliary aids orservices in order to participate in the meeting, are requested to contact Alliant at (415) 403-1400 twenty-four hours in advance of themeeting. Entrance to the meeting location requires routine provision of identification to building security. However, CSRMA does notrequire any member of the public to register his or her name, or to provide other information, as a condition to attendance at any publicmeeting and will not inquire of building security concerning information so provided. See Government Code section 54953.3.

The next meeting is scheduled for September 23, 2010

2010 agendas.xls 1 5/6/2010

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As of 05/03/2010

Member District File Code Claimant Claim Description

CARMEL AREA WASTE WATER DISTRICT 1520233 CALAFIORE, LINDA SEWER BACK-UPCARMEL AREA WASTE WATER DISTRICT 1522864 DIAZ, REVI MAINTENANCE/OPERATIONS

CITY OF HALFMOON BAY 1521360 FLYING FISH, RESTAURANT SEWER BACK-UPCITY OF HALFMOON BAY 1491757 GASBARRI, JULIE SEWER BACK-UPCITY OF HALFMOON BAY 1500073 HOWARD, ANGIE & JOHN SEWER BACK-UPCITY OF HALFMOON BAY 1452702 BARTON, JOSEPH SBU/TREE ROOTS

DELTA DIABLO SANITATION DIST. 1522246 MEXXI RESTAURANT, . SEWER BACK-UP

DUBLIN SAN RAMON SERVICES DISTRICT 1522245 REGAS, MELODY WATER DAMAGEDUBLIN SAN RAMON SERVICES DISTRICT 1447729 RIDGEWATER, ASSOCIATES, LLP DMG TO BLDG & CONCRETE/WTR SEEPAGE

FAIRFIELD/SUISUN SEWER DIST 1504173 BRUCE'S TRUCKING, . INSURED STRUCK O/V

GRANADA SANITARY DISTRICT 1496726 MOORE, ADRIENNE SEWER BACK-UP

LAKE ARROWHEAD COMMUNITY SERVICES DIST. 1516047 LUTHER, SHERRI SEWER BACK-UPLAKE ARROWHEAD COMMUNITY SERVICES DIST. 1517749 LACSD - NONE, . WATER LINE LEAK/ICY ROADSLAKE ARROWHEAD COMMUNITY SERVICES DIST. 1491761 MILE HIGH HOLLYWOOD, . BREACH OF CONTRACTLAKE ARROWHEAD COMMUNITY SERVICES DIST. 1503676 MIZIKER, RONALD SBU

CSRMA Open / Active Claim Register Re 05/13/2010 PLC Meeting

LAKE ARROWHEAD COMMUNITY SERVICES DIST. 1478351 OTT, PIERRE SILT IN FIXTURES RE METER CHANGELAKE ARROWHEAD CSD (SBU) 1495580 ELION, CHASEY SEWER BACK-UPLAKE ARROWHEAD CSD (SBU) 1515915 KINZER, GENE SEWER BACK-UP

LAS GALLINAS VALLEY SANITARY DISTRICT 1519293 FERNANDEZ, DANIEL INSURED R/E O/VEH, PUSHED O/VEH INTO VEH AHEAD

LEUCADIA COUNTY WATER DIST. 1499496 HOLDER, LINDA SLIP/TRIP/FALLLEUCADIA COUNTY WATER DIST. 1522175 DAVIS, JANET SBULEUCADIA COUNTY WATER DIST. 1485343 RUBIN, LOUIS & LESLIE LAND SUBSIDENCE

MONTARA WATER AND SANITARY DISTRICT 1499361 RUSTAY, THERESA UNKNOWN INJURYMONTARA WATER AND SANITARY DISTRICT 1508063 BEECHER, ROBIN SBUMONTARA WATER AND SANITARY DISTRICT 1515648 PRINGLE, KEVIN PLUMBER EXPENSE

MONTEREY REGIONAL WATER 1521062 STATE FARM INSURANCE ASO MIGUEL INTERSECTION ACCIDENTMONTEREY REGIONAL WATER 1507301 BEAN, TRISHA INSURED SCRATCHED O/P BUMPER

MT. VIEW SANITARY DISTRICT 1516436 MELLO, DAN SEWER BACK-UPMT. VIEW SANITARY DISTRICT 1521449 BENJAMIN, JAN SEWER BACK-UPMT. VIEW SANITARY DISTRICT 1521651 COOLEY, JANELLE SBUMT. VIEW SANITARY DISTRICT 1515340 NOB HILL SHOP CENTER, .. SINK HOLE/FAILURE IN DIST PIPE

NORTH OF RIVER SANITARY DIST. 1517206 KEETER, CONNIE/BROOKE AUTO

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Member District File Code Claimant Claim Description

NOVATO SANITARY DIST. 1519488 BRAND, DESHA SEWER BACK-UPNOVATO SANITARY DIST. 1496593 ENVIRONMENTAL, PROTECTION AGENCY CLEAN WATER ACT VIOLATIONSNOVATO SANITARY DIST. 1473575 ADAMS, EDWARD SBU/CONTRACTOR LIAB

OJAI VALLEY SANITARY DIST. 1507649 ADAMS, ROBERT/CAROLE INSURED HIT PARKED VEH/PUSHED INTO 2 O/VOJAI VALLEY SANITARY DIST. 1442319 SEDLAK, JR., MICHAEL CLMT INJ WHILE LEVELING ROCK IN

SANITARY DISTRICT NO. 1 OF MARIN COUNTY 1476882 MARTINEZ, MARIA LAND SUBSIDENCESANITARY DISTRICT NO. 1 OF MARIN COUNTY 1485744 WATSON, JAMES SEWER BACK-UPSANITARY DISTRICT NO. 1 OF MARIN COUNTY 1432360 PAGE, RUTHANNA LANDSLIDE FROM UPHILL PROPSANITARY DISTRICT NO. 1 OF MARIN COUNTY. 1481929 AJAMIAN, VARTAN & MARGARITA LAND SUBSIDENCESANITARY DISTRICT NO. 1 OF MARIN COUNTY. 1451898 ARENA, ANNA INS'D STRUCK O/VSANITARY DISTRICT NO. 1 OF MARIN COUNTY. 1431481 ADE ET AL, ANDREAS MAIN SURCHARGE FLOODING / SBU SANITARY DISTRICT NO. 1 OF MARIN COUNTY 1516091 WONG, JOHN SEWER BACK-UPSANITARY DISTRICT NO. 1 OF MARIN COUNTY 1494996 DERHAM / BLUM, VINCENT SEWER BACK-UPSANITARY DISTRICT NO. 1 OF MARIN COUNTY 1498979 KRAMER, VIALITA SEWER BACK-UPSANITARY DISTRICT NO. 1 OF MARIN COUNTY 1485739 CAMPUS ST. JAMES, LARKSPUR LLC POLLUTANT REMOVAL/LOST PROFITSSANITARY DISTRICT NO. 1 OF MARIN COUNTY 1482601 GALEA, VICTORIA HILLSIDE DAMAGE/SEWER LINE

SANITARY DISTRICT NO.5 OF MARIN COUNTY 1519485 LOUBE, SHIRLEY SEWER BACK-UP

SANTA MARGARITA WATER DISTRICT 1520090 USAA, . O/P REAR ENDED INSUREDSANTA MARGARITA WATER DISTRICT 1521442 DEMOLAS, MARIA/REZANOUR SEWER BACK-UPSANTA MARGARITA WATER DISTRICT 1521599 FORCEMAIN, PLANO FORCE MAIN BREAKSANTA MARGARITA WATER DISTRICT 1482474 EIMERS, KATHERINE MINOR FELL OVER RAILINGSANTA MARGARITA WATER DISTRICT 1482474 EIMERS, KATHERINE MINOR FELL OVER RAILINGSANTA MARGARITA WATER DISTRICT 1486348 BISHOP, ROBERT & TAMARA INVERSE CONDEMNATIONSANTA MARGARITA WATER DISTRICT 1507276 BLUNT, BETTY DIST EE TURNING/STRUCK BY O/P

SAUSALITO-MARIN CITY SANITARY DISTRICT 1521729 ZAMACONA, BRIAN INSD VEH HIT CLMT VEHSAUSALITO-MARIN CITY SANITARY DISTRICT 1522872 LOPEZ, YOLANDA ROCK FROM DIST TRK HIT WINDSHIELDSAUSALITO-MARIN CITY SANITARY DISTRICT 1497449 YOAKUM, DAN SEWER BACK-UP

SEWERAGE AGENCY OF SOUTHERN MARIN 1500392 HERLIHY, SUSAN CLMT FELL IN DRAINAGE CULVERTSEWERAGE AGENCY OF SOUTHERN MARIN 1431358 ARENA, ET AL, ALEXANDRA MAIN SURCHARGE FLOODINGSEWERAGE AGENCY OF SOUTHERN MARIN (SBU) 1470283 CITY OF MILL VALLEY / GLENOVICH 2.7 MIL GAL SPILL INTO RICHARDSON BAY

SOUTH TAHOE PUBLIC UTILITY DISTRICT 1521934 WEDELN STREET, . SEWER BACK-UPSOUTH TAHOE PUBLIC UTILITY DISTRICT 1521972 GRIMES, JEAN SEWER BACK-UPSOUTH TAHOE PUBLIC UTILITY DISTRICT 1495107 THE WOODFORDS INN, LLC TWO IRRIGATION DITCHES COLLAPSEDSOUTH TAHOE PUBLIC UTILITY DISTRICT 1495203 ARDOLINO, PASQUALE SINK HOLESOUTH TAHOE PUBLIC UTILITY DISTRICT 1503117 MYRICK, MERLENE VEH VS. MANHOLE COVERSOUTH TAHOE PUBLIC UTILITY DISTRICT 1514554 HEAVENLY VALLEY, TOWNHOUSES DRIVER STRUCK SNOWBLOWER & PILLARSOUTH TAHOE PUBLIC UTILITY DISTRICT 1515280 HAVEL, SONIA SEWER BACK-UP/WTR DMGSOUTH TAHOE PUBLIC UTILITY DISTRICT 1516048 WEST, CHARLES OPERATIONS/MAINTENANCE

STEGE SANITARY DISTRICT 1513770 CHASTAIN, JOHN REIMBURSEMENT FOR RENTAL EQUIPSTEGE SANITARY DISTRICT (SBU) 1517331 DIXON, PAM & DAN SEWER BACK-UPSTEGE SANITARY DISTRICT (SBU) 1520016 EDWARDS, MARK SEWER BACK-UP

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Member District File Code Claimant Claim Description

STEGE SANITARY DISTRICT (SBU) 1520324 MORITA, CONSTANCE SEWER BACK-UPSTEGE SANITARY DISTRICT (SBU) 1502612 PARDINI, DAVID SEWER BACK-UP

UNION SANITARY DISTRICT 1518468 DALLAS, GIGI SEWER BACK-UPUNION SANITARY DISTRICT 1518653 COOK, RANDY ALLEGES MAINT CAUSED LATERAL BREAK UNION SANITARY DISTRICT 1520019 ARROYO, ESTHER SEWER BACK-UPUNION SANITARY DISTRICT 1520020 COCCO, KELLY AUTO V. POTHOLD / MANHOLE COVERUNION SANITARY DISTRICT 1521838 AHMADI, EBRAHIM SEWER BACK-UPUNION SANITARY DISTRICT 1521839 COLGLAZIER, JULIE SEWER BACK-UP

VALLEJO SANITATION AND FLOOD DIST. 1518363 TERRY, REBECCA SEWER BACK-UPVALLEJO SANITATION AND FLOOD DIST. 1521090 BOUTTE, HAROLD INSURED DMGD FENCE; BMW ET / AUTOVALLEJO SANITATION AND FLOOD DIST. 1521971 TALTON, NIJER SEWER BACK-UPVALLEJO SANITATION AND FLOOD DIST. 1523400 WITTMAN, WILLIAM SEWER BACK-UPVALLEJO SANITATION AND FLOOD DIST. 1501107 LOPEZ, ELVA MANHOLE COVER V. VEHICLEVALLEJO SANITATION AND FLOOD DIST. 1502131 SALLEE, LAVONNE SEWER BACK-UPVALLEJO SANITATION AND FLOOD DIST. 1480453 BLANTON, SPENCER SBUVALLEJO SANITATION AND FLOOD DIST. 1486016 GRENNAN/ PLATERO, ETAL USE OF EQUIP/DMG TO RETAINING WALLVALLEJO SANITATION AND FLOOD DIST. 1446633 THOMPSON, RONALD CONTRACTOR EMPLOYEE SUSTAINED SERIOUS

VENTURA REGIONAL COUNTY SANITATION DIST. 1483177 CSAA, . MANHOLE V. 2 VEHICLES

VICTOR VALLEY WASTE WATER RECLAMATION 1491724 APPLE VALLEY VILLAGE, . NOXIOUS ODORS

WEST BAY SANITARY DISTRICT 1523575 UNKNOWN, . AUTO ACCIDENTWEST BAY SANITARY DISTRICT 1508062 DOUGLAS, MICHAEL ETAL INVERSE INJUNCTIVE & CIVIL RIGHTSWEST BAY SANITARY DISTRICT 1520182 SAN FRANCISCO, BAYKEEPER SBU/DECLAR & INJ. RELIEF/ CWA ALLEGEDWEST BAY SANITARY DISTRICT 1477586 ACCORNERO, GIULIO OR SUSAN SEWER BACK-UP/MAIN BLKGWEST BAY SANITARY DISTRICT 1483793 CLAYTON, TIMOTHY BREACH OF CONTRACTWEST BAY SANITARY DISTRICT 1489593 TURNER, JAMES CLMT FELL DUE TO GRAVEL ON ROADWEST BAY SANITARY DISTRICT 1499360 DIAZ, RON WRONGFUL TERMINATION

WEST COUNTY WASTEWATER DISTRICT 1517322 ANACLETO, GABE SEWER BACK-UPWEST COUNTY WASTEWATER DISTRICT 1522814 ANDREWS, LAURA SEWER BACK-UPWEST COUNTY WASTEWATER DISTRICT 1523774 VIA VERDE SINKHOLE, . BROKEN SEWER LINEWEST COUNTY WASTEWATER DISTRICT 1506674 GREGORY, BOB SEWER BACK-UP

WEST VALLEY SANITATION DISTRICT 1522156 VALLI, CONSTRUCTION SBUWEST VALLEY SANITATION DISTRICT 1506147 LEARD, MARINA SEWER BACK-UPWEST VALLEY SANITATION DISTRICT 1514892 FERNANDEZ, BUENA & PATRICIA SEWER BACK-UPWEST VALLEY SANITATION DISTRICT 1475443 DUNCANVILLE COURT, M&C Mgmt SEWER BACK-UPWEST VALLEY SANITATION DISTRICT 1483534 DOUGHERTY, KELLY SEWER BACK-UPWEST VALLEY SANITATION DISTRICT 1485830 SMITH, ELIZABETH SEWER BACK-UP

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MINUTES OF THE POOLED LIABILITY COMMITEE MEETING

NOVEMBER 10, 2009 SAN FRANCISCO, CA

MEMBERS PRESENT Mr. Talyon Sortor, Chair, Fairfield-Suisun Sewer District Mr. Bert Michalczyk, Dublin San Ramon Services District Mr. Craig Murray, Carpinteria Sanitary District Mr. Logan Olds, Victor Valley Wastewater Reclamation Authority Mr. Al Miller, Stege Sanitary District Mr. Richard Currie, Union Sanitary District MEMBERS ABSENT None GUESTS AND CONSULTANTS PRESENT Mr. Seth Cole, Alliant Insurance Services, Inc. Mr. Myron Leavell, Alliant Insurance Services, Inc. Mr. Byrne Conley, Gibbons & Conley Ms. Mauri McGuire, Carl Warren & Company Ms. Janice Yardley, Carl Warren & Company A. CALL TO ORDER Chairperson Talyon Sortor called the meeting to order at 10:01 am. B. PUBLIC COMMENTS None C. GENERAL ADMINISTRATION C.1. Meeting Minutes of September 15, 2009 The minutes of the meeting of September 15, 2009 were reviewed. A motion was made to accept the Meeting Minutes of September 15, 2009 as presented. MOTION: Bert Michalczyk SECOND: Al Miller MOTION CARRIED C.2. Reporting and Ratification of Claims Settlements There were no claims settlements to report and ratify.

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Typewritten Text
C1

D. CLOSED SESSION The Committee entered Closed Session at 10:05 a.m. pursuant to Government Code Section 54956.95. The Committee left Closed Session at 11:38 a.m., at which time it was announced that the Claims Administrator was provided with direction concerning the disposition of certain claims; however, no final settlements were approved, nor was any action taken. E. CLAIMS ADMINISTRATION E.1. Quarterly Claims Report as of September 30, 2009 Seth Cole reviewed the Quarterly Claims Report with the Committee. He noted that although the frequency or number of claims has decreased in the current year there has been an increase in severity. This has resulted in an increase in the loss ratio over last year. F. UNDERWRITING ISSUES F.1. Program Year 24 (2009-10) Renewal Seth Cole reported that the Pooled Liability Program will be renewing December 31, 2009. Seth directed the Committee to the table on page 15 of the agenda packet and indicated that the Total Expected Cost before consideration of retrospective adjustments and the optional excess liability insurance is $4,894,002. Seth explained that the actuary has projected a 7% increase in funding requirements due to an increase in the exposure base and trend. The total renewal costs reflect a 4.9% overall increase. As a result of direction provided to the Program Administrators at the Long Range Planning Session, quotes for an additional $10 Million in Excess Liability coverage are being secured and will be presented to the Executive Board at their December meeting for review. The Program Administrators believe the cost for the additional excess coverage will be in the $125,000 to $150,000 range. A motion was made to recommend approval of the renewal to the Executive Board as presented; with the option to purchase an additional $10 Million in excess liability insurance limits at the Executive Board’s discretion. MOTION: Logan Olds SECOND: Richard Currie MOTION CARRIED F.2. DRAFT Retrospective Rating Calculation as of 12/31/09 Seth Cole reported that the draft retrospective calculations as of 12/31/09 have been performed and that this year a total of $18,158 is to be returned to the membership. Seth directed the Committee to the attached spreadsheet on page 20 to show what each individual member’s retro adjustments are. Seth explained that the adjustments will appear as a debit or credit on the member’s renewal invoice. Due to the size of the retro assessment for Santa Margarita Water District, the Pooled Liability Committee discussed and agreed to bill SMWD in three (3) equal installments.

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A motion was made to recommend to the Executive Board that a total of $18,158 be returned to the membership in the form of a retrospective rating return. MOTION: Logan Olds SECOND: Bert Michalczyk MOTION CARRIED F.3. DRAFT Dividend Calculation as of 12/31/09 Seth Cole reported that the draft dividend calculation as of December 31, 2009 has been performed and is being presented to the Committee for review. Seth reviewed the results of the calculation as depicted on page 22 of the agenda packet. He noted that this year, the calculation yielded a total of $1,277,801 to be returned to the membership in the form of a dividend. A motion was made to recommend to the Executive Board that they recommend to the Board of Directors a declaration of a dividend in the amount of $1,277,801. MOTION: Bert Michalczyk SECOND: Craig Murray MOTION CARRIED F.4. Review of Matrix Program Results Seth Cole directed the Committee’s attention to the analysis of the Matrix program results for years with a deficit position. The Program Administrators were directed to investigate options to bring individual program years with a deficit position to a zero balance. There are three (3) years in discussion: 1987-88; 2001-02 and 2004-05. While these three (3) individual program years are in a deficit position the program as a whole is stable and has positive retained earnings of $6,260,714. It was also noted that the 2004-05 Program Year is too new to contemplate a solution as there is still movement on those claims and reserves. The Committee determined that no action was warranted at this time to bring program years with deficit positions to a zero balance given the overall financial health of the program. F.5. Non-Monetary Damages Claims Seth Cole reviewed the item with the Committee. At their last meeting, the Committee directed the Program Administrators and legal counsel to draft proposed language to cover non-monetary damages claims for the Executive Board’s review. Examples of such claims that members have faced in the past include: 1) Member sued by individuals who oppose septic to sewer conversion projects; 2) Member defends a CEQA challenge; 3) Brown Act violation suit and 4) Elections code suit where a member was named as a defendant in challenge to an annexation election. Legal counsel presented draft language modifying the MOC for the Executive Board’s review at their October 15, 2009 meeting. The Executive Board discussed this issue and deemed these claims as “uninsurable” and as a “cost of doing business”.

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G. LOSS CONTROL G.1. Fall Area Training Update Seth Cole reviewed the Fall Area Training Schedule, which included two (2) live trainings: Electrical Safety and the NFPA 70E for the Wastewater Worker and The Interactive Process, FEHA and the ADA and three (3) Webinars: Insurance 101; Workers’ Comp 101 and Risk Control Online – Using the Available Tools. H. INFORMATION ITEMS H.1. Poem of the Day The Committee reviewed the poem. H.2. “Risk Managers’ eyes turn to liability of video surveillance” - Article The Committee reviewed this article. H.3. “Ex-convicts in workforce pose liability problems” - Article The Committee reviewed this article. H.4. “Risk management needed amid declaration of swine flu pandemic” - Article The Committee reviewed this article. H.5. Committee Comments There were no comments. H.6. CSRMA 2009 Meeting Calendar The Committee reviewed the 2009 Meeting Calendar. H.7. CSRMA Organization Chart The Committee reviewed the CSRMA Organization Chart H.8. CSRMA Service Team The Committee reviewed the CSRMA Service Team Chart. I. ADJOURNMENT The meeting was adjourned at 12:45 p.m. The next meeting is scheduled for May 13, 2010.

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CALIFORNIA SANITATION RISK MANAGEMENT AUTHORITY POOLED LIABILITY TELECONFERENCE MEETING

FEBRUARY 8, 2010 1:30 pm

MEMBERS & OFFICERS PRESENT Mr. Talyon Sortor, Chair, Fairfield-Suisun Sewer District; Fairfield, CA 94585 Mr. Bert Michalczyk, Dublin San Ramon Services District; Dublin, CA 94568 Mr. Craig Murray, Carpinteria Sanitary District; Carpinteria, CA 93013 Mr. Logan Olds, Victor Valley Wastewater Reclamation Authority; Hesperia, CA 92345 Mr. Al Miller, Stege Sanitary District; El Cerrito, CA 94530 Mr. Richard Currie, Union Sanitary District; Union City, CA 94587 MEMBERS & OFFICERS ABSENT None GUESTS AND CONSULTANTS Mr. Dennis Mulqueeney, Alliant Insurance Services, Inc.; San Francisco, CA 94111 Mr. Seth Cole, Alliant Insurance Services, Inc.; San Francisco, CA 94111 Mr. Myron Leavell, Alliant Insurance Services, Inc.; San Francisco, CA 94111 Mr. P. J. Skarlanic, Alliant Insurance Services, Inc.; San Francisco, CA 94111 Mr. Byrne Conley, Gibbons & Conley; Walnut Creek, CA 94596 Ms. Mauri McGuire, Carl Warren & Co.; Ventura, CA 93003 Ms. Janice Yardley, Carl Warren & Co.; Benicia, CA 94510 A. CALL TO ORDER Chair Talyon Sortor called the meeting to order at 1:30 p.m. B. PUBLIC COMMENTS There were no public comments. C. CLOSED SESSION TO DISCUSS PENDING CLAIMS The Board entered Closed Session at 1:31 p.m. pursuant to Government Code Section 54956.95. The Board left Closed Session at 1:50 p.m., at which time it was announced that legal counsel and the claims administrator were provided direction concerning the disposition of certain claims.

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G:\Share\client\jpa\CSRMA\Agenda\Pooled Liability\2010\5.13.10\C 1 b - PLP Meeting Minutes of February 8, 2010 - Claims Settlement TC.doc

D. Reporting and Ratification of Claims Settlements It was reported that the Ade et al Pooled Liability Program claim has been settled in the amount of $155,000. A motion was made to ratify the settlement. MOTION: Bert Michalczyk SECOND: Richard Currie MOTION CARRIED Ayes Mr. Talyon Sortor, Chair, Fairfield-Suisun Sewer District

Mr. Bert Michalczyk, Dublin San Ramon Services District Mr. Craig Murray, Carpinteria Sanitary District Mr. Logan Olds, Victor Valley Wastewater Reclamation Authority Mr. Al Miller, Stege Sanitary District Mr. Richard Currie, Union Sanitary District

Nays None E. OFFICERS/STAFF/COMMITTEE REPORTS - None. F. GENERAL ADMINISTRATION - None. G. POOLED LIABILITY PROGRAM - None. H. WORKERS’ COMPENSATION PROGRAM - None. I. PROPERTY PROGRAM - None. J. PRIMARY INSURANCE PROGRAM - None. K. LOSS CONTROL - None. L. INFORMATION ITEMS - None. J. ADJOURNMENT The meeting was adjourned at 1:55 p.m. The next meeting is scheduled for May 13, 2010.

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Agenda Item No. C3 Pooled Liability Committee Meeting

Meeting Date: May 13, 2010

CSRMA Employee Driving Standards Policy & Procedure ISSUE: The Pooled Liability Program Policy & Procedure No. 3-L was last updated in August 2006, and differs from the most recent Department of Motor Vehicles Violation Point Assessment and Point Counts. The differences between CSRMA’s Minimum Eligibility Standards and the DMV’s Violation Point Assessment is shown in the Background section below. The DMV Point Count as of 2004 is attached for the Committee’s review. RECOMMENDATION: The Program Administrators recommend that the Pooled Liability Committee review the current Employee Driving Policy & Procedure and determine if it should be updated to reflect the 2004 DMV Violation Point Assessment. Furthermore, the Program Administrators recommend that the Policy & Procedures Violation Point count be updated to match that of the DMV. FISCAL IMPACT: None. BACKGROUND: The Pooled Liability Program Policy & Procedure No. 3-L addresses Employee Driving Standards for program members and is aimed at reducing losses related to vehicle operation. The differences between CSRMA’s Minimum Eligibility Standards and the DMV’s Violation Point Assessment for point violations in a given time frame and the related consequences is shown in the below table:

Point Accumulation

CSRMA P&P 3-L (2006)

DMV Violation Point Assessment (2004)

4 Points

3 Years

(Warning Status)

12 Months

(Driver suspended/probation/license revoked)

6 Points

3 Years

(Driver Excluded from Program)

24 Months

(Driver suspended/probation/license revoked)

8 Points

Not addressed in the P&P

36 Months

(Driver suspended/probation/license revoked)

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G:\Share\client\jpa\CSRMA\Agenda\Pooled Liability\2010\5.13.10\C 3 - CSRMA Employee Driving Standards Policy & Procedure.doc

ATTACHMENTS: Pooled Liability Program Policy & Procedure No. 3-L 2004 DMV Violation Point Assessment 2004 DMV Vehicle Code Violation Point Counts

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G:\Share\client\jpa\CSRMA\Admin\Website Updates\PLP Manual Section\PLP_P&P_3-revised 8_11_06.doc

CSRMA POLICY & PROCEDURE MEMORANDUM #3-L Subject: Employee Driving Standards Effective: December 31, 1988 Revised May 11, 1990 January 16, 1992 August 11, 2006 Issue: This policy and procedure addresses necessary measures aimed at reducing losses related to vehicle operation. Discussion: Employees whose duties necessitate driving vehicles in the course of employment need to maintain certain acceptable standards. The privilege of driving is granted through the issuance of a license by the Department of Motor Vehicles. Certain proficiencies and physical requirements must be proven prior to the granting of such license. Failure to meet these requirements results in revocation or non-issuance of such a state license. In addition, insurance companies have established certain standards for drivers in order to meet insurability requirements at standard premium rates. Drivers not meeting these underwriting standards must, if possible, be placed in other more expensive plans such as the Assigned Risk Plan. Because of employees' bad driving records, a financial burden may be placed on the agency in the form of increased insurance costs. Policy: Each CSRMA liability program member agency shall institute and enforce the employee driving eligibility standards as set forth in the Policy & Procedure. Employees failing to meet these standards shall be excluded from coverage under the CSRMA pooled layer auto liability coverage. Any agency which fails to adhere to these standards shall be subject to having its participation in the liability program terminated, pursuant to Section 23 of the Restated Joint Exercise of Powers Agreement for CSRMA (8/9/91). In addition, coverage is excluded for employees who drive without a valid driver’s license, or who drive with six or more accumulated DMV violation points incurred in the past three years (unless a waiver is received as described below). Coverage is also excluded for member districts who knowingly allow such employees to operate vehicles in the course of employment, or who fail to enroll mandated employees in the pull notice program and as a result, permit such an employee to operate a vehicle in the course of employment.

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Procedure: The following steps shall be taken to enforce the policy: 1. All member agencies shall enroll in the Department of Motor Vehicles' Driver

Record Information Program, as described in the information attached to this Policy & Procedure.

2. Employees who are employed to drive any vehicle identified in Vehicle Code

section 1808.1(k) shall be placed in the DMV's pull-notice program upon hire, unless the employee is a "casual driver" as defined in vehicle Code section 1808.1(j). It is further recommended that the agency request all existing and prospective employees who do now or will drive “frequently” on the agency's behalf during employment sign a written waiver allowing such existing or prospective employees to be enrolled in the pull-notice program, and if such waiver is obtained, to enroll the employees in the pull-notice program.

3. All employees shall be informed of the policy guidelines and standards. It is

suggested each employee be required to read the policy standards and to have acknowledged the reading of same by signing a statement attesting to that fact. Such acknowledgment shall be placed in the employee's personnel file.

4. Job descriptions, or other formally adopted policies of the agency, should state that

employees must continue to meet the established driving standards as a condition of employment for that position. Decisions regarding employment or assignment of non-qualifying employees are the purview of member agency management.

5. Driving standards shall be enforced consistently and fairly among ALL employees

working in classifications where driving is required. 6. Names of employees not meeting the standards shall be provided to the Program

Director within 15 calendar days upon the agency's receipt of the Department of Motor Vehicles' employers notification of point assignment, resulting in an employee's failure to comply with the standards.

7. The Program Director shall acknowledge exclusion from coverage of such

employee by the issuance of an amendatory endorsement. The employee shall be considered uninsured as of the date of such an endorsement from the Program Director.

8. The Program Director shall be notified upon the agency's determination when an

employee's status has changed in such a manner as to comply with CSRMA's minimum requirements.

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9. The Program Director shall, upon receipt of such notice as described in #7 above, issue an endorsement reinstituting coverage for such employee. The effective date of coverage shall be determined by the Program Director in accordance with the minimum eligibility standards.

Minimum Eligibility Standards: 1. Employees must possess a valid driver's license to legally operate the class of

vehicle(s) they operate in their employment. 2. Employees accumulating four violation points, as valued and enumerated on the

attached version of the Department of Motor Vehicles' Negligent Operator Count Sheet DL551 (Rev. 07/94), within the last three years, shall be considered in a "warning status" and shall be required to attend a Defensive Driving class. The nature and duration of such class shall be left to the agency's discretion. Upon completion of the training, the member agency shall provide the Program Director with either a copy of the Certificate of Completion or a written description of the duration and contents of the training course attended.

3. Employees accumulating six violation points, as valued and enumerated on the

Department of Motor Vehicles' Negligent Operator Count Sheet (attached), within the last three years, shall be excluded from the pooled layer of Automobile Liability coverage.

4. The conviction date as determined by the DMV shall be considered as the starting

date for the three-year period discussed in #2 and #3 above. 5. The provisions of #2 and #3 above shall apply regardless of whether the driving

which resulted in acquiring the violation points was or was not in the course of employment.

New Employees: The agency must obtain a DMV Report of Public Record for all prospective employees who are subject to the pull-notice program under Vehicle Code section 1808.1(a). It is recommended that the agency additionally request applicants for positions requiring driving on the agency's behalf who do not fall within the pull-notice program to provide a current DMV Report of Public Record prior to employment. Waivers: An agency may request a waiver from the strict application of the limitations contained in Item 3 of the Minimum Eligibility Standards. The request shall be in writing, addressed

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to the CSRMA Liability Program Committee, which shall promptly hear and consider the request. The request may be granted only upon a showing that exceptional circumstances warrant granting a waiver. If a waiver is granted, the committee may condition the grant upon such conditions as it deems appropriate, including participation in driver education or other programs aimed at enhancing driver safety. The decision whether to grant, deny or grant subject to conditions shall be addressed to the sound discretion of the committee, which may consider relevant factors, including the potential exposure of the CSRMA Liability Program for claims based on unsafe driving. The applicant agency or any member of the CSRMA Liability Program may appeal the decision of the committee to the Executive Board. The notice of an appeal shall be filed with the Executive Board within 30 days from the date of the committee's decision, and the appeal shall be scheduled for and heard at the next regularly scheduled meeting of the Executive Board. The applicant agency, or any member of the CSRMA Liability Program, may appeal the decision of the Executive Board to the Board of Directors. The notice of an appeal shall be filed with the Board of Directors within 30 days from the date of the Executive Board's decision, and the appeal shall be scheduled for and heard at the next regularly scheduled meeting of the Board of Directors. The decision of the Board of Directors shall be final. During the pendency of the waiver application proceedings, the agency employee for whom the waiver is sought shall be excluded from coverage under the CSRMA pooled auto liability program, unless the agency is notified in writing to the contrary by the Officers Committee.

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One Point Count California Vehicle Code Violations Section Violation 2800 Disobedience to traffic officer 2800.1 Evading peace officer 2801 Disobedience to fire official 2803, 2803a, 2803b, 2803c Unsafe vehicle load 2815 Disregarding non-student crossing guard 2816 Youth bus/children crossing highway 2817 Disregarding funeral escort officer 2818 Crossing safety flares/cones 14601.5 Driving, suspended/revoked for refusing test 14603 Violation of license restrictions 21100.3 Disregarding traffic officer's directions 21209, 21209a Driving in bicycle lane 21367, 21367a, 21367b, 21367c Disobedience to traffic signs/controller 21451, 21451a, 21451b Illegal movement/green light/arrow 21452, 21452a Illegal movement/yellow light/arrow 21453, 21453a, 21453b, 21453c Illegal movement/red/light/arrow 21454, 21454a - d, 21455 Traffic signals 21457, 21457a, 21457b Disobedience to flashing signals 21460a, 21460b Double lines/one broken line 21460.5c Use of two-way left turn lane 21461, 21461a, 21462 Disobedience to traffic control device 21650, 21650a - f Keep right 21651, 21651a Crossing divided highway 21652 Entering highway from service road 21654, 21654a, 21654b, 21655, 21655b Lane use/slow moving vehicle 21655.8 Diamond lane/entering/exiting 21656 - 21662, 21662a, 21662b Improper lane use 21663 Driving on sidewalk 21664 Freeway ramp/entering/exiting 21700 Load obstructing driver's view 21701 Interfering with driver's control of vehicle 21702, 21702a, 21702b Driving hours limitation 21703, 21704, 21704a, 21705, 21706 Following too closely 21707 Driving in fire area 21709 Driving in safety zone 21711 Towed vehicle swerving 21712, 21712a, 21712d, 21712f, 21715, 21715a, 21715b Unlawful riding/towing

21717 Turning across bicycle lane 21750 - 21757, 21758, 21759 Illegal passing 21800 - 21804, 21804a, 21804b Right-of-way 21805, 21805b Yielding right-of-way to horseback rider 21806, 21806a Yielding right-of-way to emergency vehicle 21807 Unsafe operation of emergency vehicle 21950, 21950a, 21951, 21952 Yielding right-of-way to pedestrian

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21954, 21954b Due care for pedestrian on roadway 21960a Prohibited use of freeway 21963 Yielding right-of-way to blind pedestrian 22100 - 22105 Turing and U-turns 22106 Unsafe staring/backing of vehicle 22107 - 22111, 22111a, 22111b, 22111c Signaling turns and stops 22112, 22112a School bus signaling 22348, 22348a, 22348c Speed/use of designated lanes 22349, 22349.5 Maximum speed 22350, 22351, 22352, 22352a, 22352b Basic/prima facie speed limit 22354, 22355 Exceeding posted/freeway speed limit 22356, 22356b Maximum speed 70 mph 22357, 22358.4 Speed in excess of local limits 22359, 22360, 22361 Speed in excess of local limits 22362 Speed/construction zone 22363 Restricted speed/weather conditions 22364 Speed/traffic lanes 22400, 22400a, 22400b Driving too slow 22405, 22405a Speed/bridge/tunnel 22406, 22407 Maximum designated vehicle speed 22409, 22410 Speed/solid/metal tires 22413 Speed limit on grades 22450, 22451, 22452, 22452a, 22452b Stop required/railroad crossing 22454 Stop for school bus 23109, 23109b, 23109d Speed contest/aiding or abetting 23116, 23116a Transporting person in truck load space 23127 Driving on trails and paths 23220 Drinking while driving 23222, 23222a, 23222b Marijuana or open container/driving 23235 Ignition interlock verification 23244, 23244b Defeating ignition interlock device 23253 Disobedience to toll highway officer 23270, 23270a Unauthorized towing 23330, 23330c Width/load of vehicle at crossing 23336 Disobedience to sign/vehicle crossing 24002, 24002a, 24002b Unsafe/unlawfully equipped vehicle 24004 Operation after notice by officer 24250 Lighting equipment 24409, 24409a, 24409b Failure to dim lights 24604 Lamps/flag for extended load 25103, 25103a, 25103b Lamps on projecting load 26301, 26302, 26302a, 26302b, 26302c Brakes 26303, 26304, 26304a, 26304b Brakes/combination vehicles 26307 Forklift truck brakes 26311, 26311a, 26311b, 26311c All wheel service brakes 26456, 26457 Brakes/stopping distance

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26458, 26458a, 26458.5 Braking system/towing vehicles 26502a Adjustment/use of air brakes 26503 - 26506, 26506a, 26507 Airbrake system 26508, 26508a - c, 26508e - k, 26508o Emergency stopping system 26520, 26521, 26522 Vacuum brakes 27360, 27360a - c, 27360.5, 27360a - c Child Passenger restraint 27363, 27363b Child seat belt 27800, 27801, 27801a, 27801b Motorcycle/passengers and equipment 29001, 29002 Fifth wheel connecting/locking device 29003a, 29003b, 29003c Hitch and coupling device 29004, 29004a - c, 29006, 29006a Towed vehicle coupling 29201 Pole dolly/load and length 31301, 31301a Caldecott tunnel restrictions 31303, 31303b, 31303c, 31303e Hazardous waste transportation 31402 Farm labor vehicle/unsafe operation 31540, 31504b Removable containers/regulations 31614, 31614a, 3164b, 31614d - f 31614h, 31614i Explosives transportation

32104, 32104a, 32104b, 32105, 32105a, 32105c-e Inhalation hazard transportation

32106, 32106a - d Inhalation hazard transportation 34102 Tank vehicle regulations 34501.2, 34501a, 34501c Driving hours limitations 34506, 34506a - g Driving hours, equipment, maintenance, operation 34506.3 Safety regulation violation 34509, 34509c, 34509d Vanpool vehicle maintenance inspection 35784, 35784a, 35784b Violation of special permit 35784.5, 35784a, 35784b Extralegal load/weight 36400 Lift-carrier/speed 36705 Bale wagon load width during darkness Two Point Count California Vehicle Code Violations Section Violation 2800.2, 2800.3 Evading peace officer/reckless driving 14601, 14601a,14601 b, 14601.1- 14601.4 Driving while suspended/revoked 20001, 20001a 20002, 20002a, 20002b Hit and run/injury/property damage 21651b Driving wrong side/divided highway 22348b Speed over 100 MPH 23103, 23103a,23103 b Reckless driving 23104, 23104a Reckless driving/causing bodily injury 23109a, 23109c Speed contest /exhibition of speed 23140, 23140a, 23140b Minor driving with BAC of 0.05% or more 23152, 23152a-d DUI/alcoholic beverage or drugs 23153, 23153a-d DUI/causing bodily injury or death 31602, 31602a, 31602b, 31602c Explosives transportation

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Other Common California Code Violations Used In Negligent Operator Count Section Code Violation Points 49307 or 12059 Education Disobedience to school safety patrol 1 191.5a, 192c1-192c4, 192.3c, 192.3d Penal Vehicular manslaughter with gross

negligence 2

192c, 192.3, 192.3a, 192.3b Penal Vehicular manslaughter without gross

negligence 1

27176 Streets and highways Speeding on Golden Gate Bridge 1 One Point Count Out of State Violations Section Violation Section Violation 01 Speed/too fast or over speed limit 34 Entering/exiting from thoroughfare 03 Speed/too slow or failure to turn out 40 Illegally modified vehicle 04 Passing/illegal, improper or unsafe 45 Explosives transportation 05 Following too close 51 Equipment/unsafe, illegal or defective 06 Failure to yield right-of-way 58 Driving while impaired 07 Illegal/unsafe use or change of lanes 61 Child passenger seat restraint 08 Tuirns/illegal or unsafe 67 Defective headlights 09 Signaling/improper or no signal 69 Following emergency vehicle unlawfully 10 Failure to obey traffic control device 70 Using vehicle for felony/aiding or abetting 11 Crossing double lines/markers/dividers 72 Erratic driving/suddenly changing speeds

12 Wrong way on one-way street 73 Fleeing scene or evading arrest by turning lights off when lights required

13 Brakes 74 Unsafe operation of a motor vehicle 14 Lights 75 Driving off road/on shoulder/on sidewalk

21 Violation of restricted license 77 No required equipment/using prohibited equipment

26 Negligent/careless/inattentive driving 86 Felony involving commercial vehicle

27 Starting or backing/illegal or unsafe 87 Felony controlled substance/commercial vehicle

28 Driving in a prohibited area 88 Speeding 15 mph plus/commercial vehicle 30 Disobedience of lawful order 91 Illegal lane change/commercial vehicle 31 Towing/improper, unsafe or illegal 92 Following too closely/commercial vehicle 32 Obstructing driver's view or interfering 93 Fatal accident violation/commercial vehicle 33 Unlawful riding on motor vehicle Two Point Count Out of State Violations Section Violation Section Violation 02 Speed contest/aiding or abetting 38 DUI/dangerous drugs not narcotics 15 Reckless driving 46 Manslaughter without gross negligence 16 Reckless driving/injury 47 Manslaughter with gross negligence

17 Drunk driving 81 DUI/BAC 0.04% aor more/commercial vehicle

18 Drunk driving/injury 82 DUI/commercial vehicle

19 Hit and run 84 DUI/controlled substance/commercial vehicle

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20 Driving while suspended or revoked 85 Hit and run/commercial vehicle 37 DUI/narcotics 89-90 Reckless driving/commercial vehicle Code of Federal Regulations Violations Section Violation Points 36423 or 36FR46 DUI/alcoholic beverage or any drug 2

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Common California Vehicle Code Violations Used In Negligent Operator Counts

Violation Point Assessment

Violation points are assigned to Vehicle Code sections and any other code section, or city or county ordinance, involving the safe operation of a motor vehicle. Any violation occurring as a pedestrian or a bicyclist has no point assigned. The department may suspend and place on probation, or revoke, the driving privilege of a negligent operator.

Per Vehicle Code section 12810.5a, a Class C negligent operator has

• 4 or more points in 12 months,

• 6 in 24 months, or

• 8 in 36 months.

Although a Class A or B driver without a special certificate may be allowed 2 additional points, a violation received in a commercial vehicle carries 1 1/2 times the point count normally assessed (12810.5b VC). A minor, under 18 years of age, may receive a 30-day restriction for 2 points in 12 months, or be suspended for 3 points in 12 months (12814.6 VC).

 

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One Point Count California Vehicle Code Violations

Section Violation 2800 Disobedience to traffic officer 2800.1 Evading peace officer 2801 Disobedience to fire official 2803, 2803a, 2803b, 2803c Unsafe vehicle load 2815 Disregarding non-student crossing guard 2816 Youth bus/children crossing highway 2817 Disregarding funeral escort officer 2818 Crossing safety flares/cones 14601.5 Driving, suspended/revoked for refusing test 14603 Violation of license restrictions 21100.3 Disregarding traffic officer's directions 21209, 21209a Driving in bicycle lane 21367, 21367a, 21367b, 21367c Disobedience to traffic signs/controller 21451, 21451a, 21451b Illegal movement/green light/arrow 21452, 21452a Illegal movement/yellow light/arrow 21453, 21453a, 21453b, 21453c Illegal movement/red/light/arrow 21454, 21454a - d, 21455 Traffic signals 21457, 21457a, 21457b Disobedience to flashing signals 21460a, 21460b Double lines/one broken line 21460.5c Use of two-way left turn lane 21461, 21461a, 21462 Disobedience to traffic control device 21650, 21650a - f Keep right 21651, 21651a Crossing divided highway 21652 Entering highway from service road 21654, 21654a, 21654b, 21655, 21655b Lane use/slow moving vehicle 21655.8 High-occupancy vehicle lane/entering/exiting 21656 - 21662, 21662a, 21662b Improper lane use 21663 Driving on sidewalk 21664 Freeway ramp/entering/exiting 21700 Load obstructing driver's view 21701 Interfering with driver's control of vehicle 21702, 21702a, 21702b Driving hours limitation 21703, 21704, 21704a, 21705, 21706 Following too closely 21707 Driving in fire area 21709 Driving in safety zone 21711 Towed vehicle swerving 21712, 21712a, 21712d, 21712f, 21715, 21715a, 21715b Unlawful riding/towing

21717 Turning across bicycle lane

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21750 - 21757, 21758, 21759 Illegal passing 21800 - 21804, 21804a, 21804b Right-of-way 21805, 21805b Yielding right-of-way to horseback rider 21806, 21806a Yielding right-of-way to emergency vehicle 21807 Unsafe operation of emergency vehicle 21950, 21950a, 21951, 21952 Yielding right-of-way to pedestrian 21954, 21954b Due care for pedestrian on roadway 21960a Prohibited use of freeway 21963 Yielding right-of-way to blind pedestrian 22100 - 22105 Turning and U-turns 22106 Unsafe starting/backing of vehicle 22107 - 22111, 22111a, 22111b, 22111c Signaling turns and stops 22112, 22112a School bus signaling 22348, 22348a, 22348c Speed/use of designated lanes 22349, 22349.5 Maximum speed 22350, 22351, 22352, 22352a, 22352b Basic/prima facie speed limit 22354, 22355 Exceeding posted/freeway speed limit 22356, 22356b Maximum speed 70 mph 22357, 22358.4 Speed in excess of local limits 22359, 22360, 22361 Speed in excess of local limits 22362 Speed/construction zone 22363 Restricted speed/weather conditions 22364 Speed/traffic lanes 22400, 22400a, 22400b Driving too slow 22405, 22405a Speed/bridge/tunnel 22406, 22407 Maximum designated vehicle speed 22409, 22410 Speed/solid/metal tires 22413 Speed limit on grades 22450, 22451, 22452, 22452a, 22452b Stop required/railroad crossing 22454 Stop for school bus 23109, 23109b, 23109d Speed contest/aiding or abetting 23116, 23116a Transporting person in truck load space 23127 Driving on trails and paths 23220 Drinking while driving 23222, 23222a, 23222b Marijuana or open container/driving 23235 Ignition interlock verification 23244, 23244b Defeating ignition interlock device 23253 Disobedience to toll highway officer 23270, 23270a Unauthorized towing 23330, 23330c Width/load of vehicle at crossing 23336 Disobedience to sign/vehicle crossing

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24002, 24002a, 24002b Unsafe/unlawfully equipped vehicle 24004 Operation after notice by officer 24250 Lighting equipment 24409, 24409a, 24409b Failure to dim lights 24604 Lamps/flag for extended load 25103, 25103a, 25103b Lamps on projecting load 26301, 26302, 26302a, 26302b, 26302c Brakes 26303, 26304, 26304a, 26304b Brakes/combination vehicles 26307 Forklift truck brakes 26311, 26311a, 26311b, 26311c All wheel service brakes 26456, 26457 Brakes/stopping distance 26458, 26458a, 26458.5 Braking system/towing vehicles 26502a Adjustment/use of air brakes 26503 - 26506, 26506a, 26507 Airbrake system 26508, 26508a - c, 26508e - k, 26508o Emergency stopping system 26520, 26521, 26522 Vacuum brakes 27360, 27360a - c, 27360.5, 27360a - c Child Passenger restraint 27363, 27363b Child seat belt 27800, 27801, 27801a, 27801b Motorcycle/passengers and equipment 29001, 29002 Fifth wheel connecting/locking device 29003a, 29003b, 29003c Hitch and coupling device 29004, 29004a - c, 29006, 29006a Towed vehicle coupling 29201 Pole dolly/load and length 31301, 31301a Caldecott tunnel restrictions 31303, 31303b, 31303c, 31303e Hazardous waste transportation 31402 Farm labor vehicle/unsafe operation 31540, 31504b Removable containers/regulations 31614, 31614a, 3164b, 31614d - f 31614h, 31614i Explosives transportation

32104, 32104a, 32104b, 32105, 32105a, 32105c-e Inhalation hazard transportation

32106, 32106a - d Inhalation hazard transportation 34102 Tank vehicle regulations 34501.2, 34501a, 34501c Driving hours limitations 34506, 34506a - g Driving hours, equipment, maintenance, operation 34506.3 Safety regulation violation 34509, 34509c, 34509d Vanpool vehicle maintenance inspection 35784, 35784a, 35784b Violation of special permit 35784.5, 35784a, 35784b Extralegal load/weight 36400 Lift-carrier/speed 36705 Bale wagon load width during darkness Back to Top of Page

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Two Point Count California Vehicle Code Violations

Section Violation 2800.2, 2800.3 Evading peace officer/reckless driving 14601, 14601a,14601 b, 14601.1- 14601.4 Driving while suspended/revoked 20001, 20001a 20002, 20002a, 20002b Hit and run/injury/property damage 21651b Driving wrong side/divided highway 22348b Speed over 100 MPH 23103, 23103a,23103 b Reckless driving 23104, 23104a Reckless driving/causing bodily injury 23109a, 23109c Speed contest /exhibition of speed 23140, 23140a, 23140b Minor driving with BAC of 0.05% or more 23152, 23152a-d DUI/alcoholic beverage or drugs 23153, 23153a-d DUI/causing bodily injury or death 31602, 31602a, 31602b, 31602c Explosives transportation Back to Top of Page

Other Common California Code Violations Used In Negligent Operator Count

Section Code Violation Points 49307 or 12059 Education Disobedience to school safety patrol 1 191.5a, 192c1-192c4, 192.3c, 192.3d Penal Vehicular manslaughter with gross

negligence 2

192c, 192.3, 192.3a, 192.3b Penal Vehicular manslaughter without gross

negligence 1

27176 Streets and highways Speeding on Golden Gate Bridge 1 Back to Top of Page

One Point Count Out of State Violations

Section Violation Section Violation 01 Speed/too fast or over speed limit 34 Entering/exiting from thoroughfare 03 Speed/too slow or failure to turn out 40 Illegally modified vehicle 04 Passing/illegal, improper or unsafe 45 Explosives transportation 05 Following too close 51 Equipment/unsafe, illegal or defective 06 Failure to yield right-of-way 58 Driving while impaired 07 Illegal/unsafe use or change of lanes 61 Child passenger seat restraint 08 Tuirns/illegal or unsafe 67 Defective headlights 09 Signaling/improper or no signal 69 Following emergency vehicle unlawfully 10 Failure to obey traffic control device 70 Using vehicle for felony/aiding or abetting11 Crossing double lines/markers/dividers 72 Erratic driving/suddenly changing speeds12 Wrong way on one-way street 73 Fleeing scene or evading arrest by

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turning lights off when lights required 13 Brakes 74 Unsafe operation of a motor vehicle 14 Lights 75 Driving off road/on shoulder/on sidewalk

21 Violation of restricted license 77 No required equipment/using prohibited equipment

26 Negligent/careless/inattentive driving 86 Felony involving commercial vehicle

27 Starting or backing/illegal or unsafe 87 Felony controlled substance/commercial vehicle

28 Driving in a prohibited area 88 Speeding 15 mph plus/commercial vehicle

30 Disobedience of lawful order 91 Illegal lane change/commercial vehicle 31 Towing/improper, unsafe or illegal 92 Following too closely/commercial vehicle

32 Obstructing driver's view or interfering 93 Fatal accident violation/commercial vehicle

33 Unlawful riding on motor vehicle Back to Top of Page

Two Point Count Out of State Violations

Section Violation Section Violation 02 Speed contest/aiding or abetting 38 DUI/dangerous drugs not narcotics 15 Reckless driving 46 Manslaughter without gross negligence 16 Reckless driving/injury 47 Manslaughter with gross negligence

17 Drunk driving 81 DUI/BAC 0.04% aor more/commercial vehicle

18 Drunk driving/injury 82 DUI/commercial vehicle

19 Hit and run 84 DUI/controlled substance/commercial vehicle

20 Driving while suspended or revoked 85 Hit and run/commercial vehicle 37 DUI/narcotics 89-90 Reckless driving/commercial vehicle

Code of Federal Regulations Violations

Section Violation Points 36423 or 36FR46 DUI/alcoholic beverage or any drug 2

 

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30

POOLED LIABILITY PROGRAMQuarterly Claims ReportAs of March 31, 2010

PY1-10 PY 11 PY 12 PY 13 PY 14 PY 15 PY 16 PY 17 PY 18 PY 19 PY 20 PY 21 PY 22 PY 23 PY 24 Program Avg Program Year 1987-1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 over 24 yrs

Number of Members 335 39 40 40 40 40 39 38 39 39 39 39 39 40 40 37

Total Number of Claims 783 102 94 125 91 126 141 106 125 150 106 114 158 128 39 100

Initial Pool Deposits 11,640,397 1,938,539 2,050,652 2,406,869 1,697,239 1,375,433 1,164,474 1,614,093 1,763,205 2,148,027 2,266,790 2,436,557 2,643,576 2,854,387 1,236,289 1,634,855

Total Paid To Date 4,939,628 502,120 772,072 610,585 349,902 1,557,923 1,774,022 281,071 878,844 2,386,912 1,396,274 1,211,316 653,969 1,090,560 37,950 768,465

Total Reserved 0 0 0 0 0 0 0 0 0 538,753 190,094 80,543 562,276 974,385 52,300 99,931

Total Incurred 4,939,628 502,120 772,072 610,585 349,902 1,557,923 1,774,022 281,071 878,844 2,925,665 1,586,368 1,291,859 1,216,245 2,064,945 90,250 868,396POOL PENETRATION

No. of Occurrences Over Deductible 77 14 7 12 10 16 24 11 12 12 11 18 22 18 3 11

Total Paid Over Deductible (per occurrence) 4,204,628 417,120 727,072 530,585 267,402 1,372,923 1,299,022 188,571 721,344 2,094,412 991,274 913,816 312,626 916,658 16,409 623,911

Total Reserves Over Deductible (per occurrence) 0 0 0 0 0 0 0 0 538,753 190,094 80,542 481,119 933,287 43,841 94,485

Total Incurred Over Deductible 4,204,628 417,120 727,072 530,585 267,402 1,372,923 1,299,022 188,571 721,344 2,633,165 1,181,368 994,358 793,745 1,849,945 60,250 718,396Total Incurred Over Deductible 4,204,628 417,120 727,072 530,585 267,402 1,372,923 1,299,022 188,571 721,344 2,633,165 1,181,368 994,358 793,745 1,849,945 60,250 718,396

Total Incurred Over Deductible / Pool Deposits (%) 36.12 21.52 35.46 22.04 15.76 99.82 111.55 11.68 40.91 122.59 52.12 40.81 30.03 64.81 4.87 43.94

0.00

20.00

40.00

60.00

80.00

100.00

120.00

140.00

1987-1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Percent

Program Year

Pooled Liability ProgramQuarterly Loss Report

Total Incurred Over Deductible / Pool Deposits (%)Program Rolling Avg. over 24 Yrs.

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mleavell
Typewritten Text
E1

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Agenda Item No. E2 Pooled Liability Committee Meeting

Meeting Date: May 13, 2010

CSRMA BPD Notification Letter to Homeowners ISSUE: Carl Warren & Company believes the current CSRMA notification letter sent to claimants advising of the requirement to install a Backflow Prevention Device is insufficient and should be revised. Attached to this item is the current letter sent to claimants with recommended changes in redline strikeout version. RECOMMENDATION: The Program Administrators recommend that the Committee review the attached letter and provide direction. FISCAL IMPACT: None. BACKGROUND: None. ATTACHMENTS: Recommended CSRMA BPD Notification Letter to Homeowners

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January 10, 2010

CARL WARREN & CO. An Employee-Owned Company CLAIMS MANAGEMENT- CLAIMS ADJUSTERS P.O. Box 3975 • Walnut Creek, CA 94598 Phone: (925) 674-4660 • (8OO) 998-4763 - Fax: (925) 825-5964

CERTIFIED MAIL RETURN RECEIPT REQUESTED PROPOSED REVISIONS RE: Our Principal : Las Gallinas Valley Sanitary District / CSRMA

Date of Loss : May 29, 2008 Loss Location: 19 Jefferson Avenue, San Rafael, CA Our File #: Dear Mr.: We are the claims administrators for Las Gallinas Valley Sanitary District. The undersigned has been asked to handle the captioned matter on their behalf. This will serve to place you on notice that your property is vulnerable to damage from sewer backups when the flow in the sewer lines is restricted. The District has recommended that you contact a licensed plumber for the purpose of installing an appropriate, and required1, backflow prevention device on your sewer lateral line. You should also have a removable plug (or cap) designed to cover all floor drains in your lower level in order to close off the drain from potential back-ups. The plug can be taken off for maintenance purposes, but otherwise should remain in place for protection against any future back-up situations. (Citations: Uniform Plumbing / District Ordinance. Provide copies of diagrams re lateral vs main lines and responsibility for maintenance.) The District will not be responsible for any future damages that may occur, and have occurred, based on your failure to install and maintain the appropriate backflow prevention device and failure to place removal plugs or caps on all floor drains pursuant to the UPC / Ordinance. Furthermore, please be advised that responsibility for proper maintenance of the backflow prevention device and your private cleanout rests with the current, and future, property owners.

1 As required by ______________.

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Claimant: Loss Location: 19 Jefferson Avenue Claim #: D/L: 05/29/2008 June 10, 2008 Very truly yours, CARL WARREN & COMPANY Janice C. Yardley Claims Analyst Attachment: Proof of Service Bcc: Las Gallinas Valley Sanitary District / Attn: Janice Mandler / Via E-mail

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Agenda Item No. F1 Pooled Liability Committee Meeting

Meeting Date: May 13, 2010

Additional Covered Party Amendatory Endorsement ISSUE: Many vendors and other jurisdictions require an Additional Insured Endorsement before approving contracts or granting annual permits. This presents a problem for CSRMA member agencies as CSRMA does not have an additional insured endorsement. RECOMMENDATION: The Program Administrators recommend that the Committee create and adopt an Additional Covered Party Amendatory Endorsement for issuance to certificate holders that is consistent with the CSRMA Pooled Liability Program Memorandum of Coverage and standard insurance practice. FISCAL IMPACT: None. BACKGROUND:. The Memorandum of Coverage has “additional covered party” language built into its coverage documents. The definition from the MOC is below: A. ADDITIONAL COVERED PARTY - means any person, organization, trust or estate to

whom or to which the ENTITY is obligated by virtue of a written contract to provide

COVERAGE such as is afforded by this MEMORANDUM, but only with respect to

contractual obligations for operations performed by or on behalf of the ENTITY or

facilities owned or used by the ENTITY. ATTACHMENTS: Sample Additional Covered Party Amendatory Endorsement

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Agenda Item No. F2 Pooled Liability Committee Meeting

Meeting Date: May 13, 2010

New Member - San Elijo Joint Powers Authority

ISSUE: The Board of Directors approved the San Elijo Joint Powers Authority’s (SEJPA) participation in the Pooled Liability Program effective July 1, 2010, at their April 30, 2010 meeting. SEJPA’s current liability coverage is provided by SANDPIPA JPA on a claims made basis. Coverage afforded by CSRMA is on an occurrence basis. To accommodate converting from claims made to occurrence based coverage, the Board approved providing nose coverage (2-years with a sublimit of $5,000,000 and a retroactive date of July 1, 2000) to SEJPA for a one-time charge of $20,000, in addition to the pool deposit in the Fiscal Impact section. Munich American, the reinsurer for the Pooled Liability Program, and Ironshore Specialty, the carrier providing coverage excess of the Memorandum of Coverage, approved SEJPA’s participation in the Program effective July 1, 2010. RECOMMENDATION: None. Information only. FISCAL IMPACT: The annual deposit is $41,933. This contemplates a $100,000 deductible. BACKGROUND: SEJPA treats wastewater generated in Cardiff, Olivenhain, Solana Beach and portions of Rancho Santa Fe and San Diego. The average daily dry weather flow is 3.0 MGD. In addition, they own 19 miles of recycled water pipeline with an average daily flow of 1.40 MGD. SEJPA currently has 22 full time employees, and an automobile fleet of 8 vehicles. SEJPA is currently a member of the JPA and participates in the Workers’ Compensation Program. ATTACHMENTS: None.

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Agenda Item: G1 Pooled Liability Committee Meeting

Meeting Date: May 13, 2010

CSRMA Risk Control Work Plan for 2010/11 ISSUE: Each March, CSRMA Risk Control prepares an outline of the proposed initiatives to be undertaken in the coming year to address ongoing and new exposures. This work plan is then presented to the Executive Board at the annual Long Range Planning Meeting. The attached work plan has been reviewed and approved by the Executive Board. RECOMMENDATION: Review the attached Risk Control work plan and discuss. FISCAL IMPACT: The approved work plan components will be incorporated into the draft 10/11 budget as the Executive Board and Committees direct. BACKGROUND: Each March, CSRMA Risk Control prepares an outline of the initiatives to be undertaken in the coming year to address ongoing and new exposures. The Work Plan is composed of three sections:

1. Continuing Core Programs that CSRMA has contracted Alliant Insurance Services to provide. 2. Continuing risk control programs outside the Alliant Insurance Services scope of risk control

services that are necessary to support critical CSRMA risk control efforts. 3. Recommended new programs and initiatives designed to address new exposures, new technologies

and new legal environments.

Taken together, the Work Plan is designed to help members address risk exposures in a cost-effective and efficient manner.

ATTACHMENTS:

1: Contracted Core Risk Control Services Provided by Alliant Insurance Services 2: Continuing Critical Risk Control Services Not Contracted Through Alliant Insurance Services 3: Recommended Additional Contract Risk Control Services for 2010/11 – Description and Discussion

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Attachment 1: Contracted Core Risk Control Services Provided by Alliant Insurance Services

Perform a minimum of 15 loss control audits annually and issue the subsequent report within 45 days Write & distribute a minimum of 6 Bulletins annually Update & distribute the CSRMA Member Contact Directory Provide member hotline service via phone & email Manage the CSRMA Risk Control Reimbursement Program (NEW) Provide annual workers' compensation loss analysis reports Manage the CSRMA Safety Other budget to benefit CSRMA's risk control efforts Manage the annual purchasing & ongoing maintenance of the CSRMA Video Library Implement & manage the CSRMA Safety Superstar awards program Implement & manage the CSRMA Loss Control Program of the Year Award Develop & distribute the Annual CSRMA Loss Control Calendar Schedule, arrange & provide the following training seminars: a. CASA /CSRMA Risk Management Seminars 1. Summer = Flexible Leadership That Gets Results 2. Winter = Topics TBD 3. Spring = Topics TBD b. Fall Area Training - Topic = Electrical Safety for Wastewater Workers: Basic Skills Building c. Winter Area Training – Topic = CSRMA’s Best Recommended Practices for Collection System

Management c. Spring Area Training – Topic = Topic TBD Provide up to 6 training workshops at member locations on risk control topics, excluding CalOSHA & CalEPA regulatory compliance, affecting CSRMA Oversee the periodic update of the various CSRMA Risk Control manuals & training programs Attend a minimum of 80% of the CSRMA meetings Oversee the distribution of the CSRMA Well Workplace monthly newsletter Assist CSRMA with the development of risk control programs, initiatives & trainings to address ongoing and new loss exposures as needed or directed Oversee the implementation of the CSRMA Workers' Compensation Claims Management Program Oversee and coordinate the efforts of the CSRMA Return to Work Consultant Provide CSRMA with research/analysis of various risk control topics affecting CSRMA as needed/directed Maintain a library of sample risk control materials for distribution to CSRMA as requested Prepare agenda items for the various CSRMA meetings, as needed Communicate with the CSRMA Program Administrator’s to facilitate the delivery of risk control services Prepare an annual Risk Control Work Plan for presentation to the CSRMA Executive Board at their annual Long Range Planning meeting

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Attachment 2: Continuing Critical Risk Control Services Not Contracted Through Alliant Insurance Services What Why Projected Cost

SIPE: CSRMA subscription to SIPE’s web platform and additional programming for CSRMA-developed content in 2010/11.

The subscription fee is an annual fee for CSRMA members to have access to the CSRMA Risk Control web site, which is hosted by SIPE. The additional programming fees are necessary to account for minor programming issues that arise during the year (i.e. programming new reports suggested by members).

$20,000 (09/10= ~ $20,000)

Update, manage and provide support for the CSRMA Risk Control Online.

This service requires update, member training and oversight to remain useful to the membership. $12,000 (09/10= $12,000)

TOTAL PROPOSED FOR 2010/11 Up to $32,000 TOTAL FOR 2009/10 ~$32,000 PERCENT CHANGE FROM 2009/10 to 2010/11 0%

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Attachment 3: Recommended Additional Contract Risk Control Services for 2010/11 – Description and Discussion What Why Fixed

Development Cost

Projected Programming

Cost Review, update and convert to flash programming 8 CSRMA Online Training Modules.

In order to encourage continued use of the online training modules, they need to be periodically refreshed and reviewed for continued technical accuracy. Reviewing and converting the training modules to a “flash” based programming format will allow great user interaction (versus reading static web pages) and will allow randomization of test questions.

$12,000 (09/10= $30,000)

$5,000

Update and expand the Online Compliance Advisor

The Online Compliance Advisor is a tool designed to determine if a particular CalOSHA regulation applies to an agency’s activities and, if it does, provide a summary of compliance elements. This was first developed in 2006 and was limited to the most common CalOSHA regulations affecting members. Since then, regulations have changed, have been created and members are engaging in new activities triggering additional compliance requirements.

$8,000 (09/10= NA)

$5,000

Develop a DOT Drug and Alcohol Resource Page

A common request from members involves DOT Drug and Alcohol requirements for commercial drivers. This resource page is intended to provide a screening tool to determine which, if any, requirements apply to a given agency and provide compliance assistance resources.

$3,000 (09/10= NA)

$2,000

Develop a custom Tailgate Training Library

Another common request from CSRMA members is for tailgate training materials customized to the wastewater industry and it’s exposures. This will be a library of 50 downloadable tailgate training topics with training materials and instructor guidelines customized for a wastewater audience.

$8,000 (09/10= NA)

$2,000

Update and expand the Online Self Audit Tools

These were developed in 2006 to reflect the CSRMA Recommended Risk Control Practices. In 2006, there were fewer than 20 CSRMA recommended risk control practices. This has grown to over 60, if common CalOSHA requirements are included. These tools are designed to assist an agency with auditing their own practices against what either CSRMA or recommends or CalOSHA requires.

$10,000 (09/10= NA)

$6,000

Develop a CalOSHA and CSRMA FAQ tool

This is designed to be a searchable FAQ addressing those issues CSRMA members most frequently ask of staff based on experience gained over the past 17 years.

$10,000 (09/10= NA) $5,000

Risk Control Reimbursement Program

This is a continuation of the incentive program created by the Workers’ Compensation Committee in 2009.

$43,000 (09/10= $43,000)

NA

Employee Health Promotion Reimbursement Program

This is a continuation of the incentive program created by the Workers’ Compensation Committee in 2009.

$54,000 (09/10= $54,000)

NA

TOTAL PROPOSED FOR 2010/11 $148,000 $25,000 TOTAL FOR 2009/10 $142,000 $25,000 PERCENT CHANGE FROM 2009/10 to 2010/11 +4.1%* 0%

*If CJPRMA renews Risk Control Online subscription in 2010, CSRMA will receive $50,000 for year 7/1/10-6/30/11

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Agenda Item: G2 Pooled Liability Committee Meeting Date: May 13, 2010

Spring/Fall 2010 Area Training Update

ISSUE: As part of CSRMA’s ongoing risk control efforts, training is provided on topics of interest to the CSRMA membership at multiple locations throughout the year. The topics and locations scheduled for Spring/Fall 2010 are listed below:

Topic Tentative Dates Tentative Locations First 72 Disaster Preparedness March 2010 Encina Wastewater Authority Verbal Judo October 2010 Emeryville

Union City Encinitas

Electrical Safety Basic Training October 2010 Emeryville Fremont Leucadia

Underground Utility Locating November 2010 Union City Encinitas

RECOMMENDATION: None – information only. FISCAL IMPACT: Approximately $30,000. This training program is part of the 10/11 Risk Control training budget. BACKGROUND: As part of CSRMA’s ongoing risk control efforts, training is provided on topics of interest to the CSRMA membership at multiple locations throughout the year. Each training topic is selected based on timeliness and member need. Further, each training event has two goals:

To provide information and training that is timely, useful, understandable and practical for the purpose s of loss control and regulatory compliance;

To reach the largest number of people for which the training was designed in the most cost-effective manner possible.

ATTACHMENTS: None

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Agenda Item: G3 Pooled Liability Committee Meeting Date: May 13, 2010

Employee Handbook Reviews

ISSUE: Over the past ten years, CSRMA has periodically provided reviews of member employee handbooks. It’s been a few years since the last review was performed and the question has arisen if CSRMA should undertake this activity again and, if so, the best manner in which to perform the reviews. RECOMMENDATION: Discuss and provide direction. FISCAL IMPACT: None at this time. BACKGROUND: Employment practices claims continue to loom large as a potentially large exposure for any employer. Historically, CSRMA has addressed this exposure in a variety of ways, including the Employment Practices Hotline, miscellaneous bulletins and online and in-person trainings. CSRMA has also assisted members with this area of potential liability by reviewing their employee handbooks, or, more specifically, personnel policies. CSRMA has performed the latter in two different ways: 1. Information is gathered during risk control audits according to a checklist provided by a labor

attorney and the attorney reviews the information gathered and then provides a written report with recommendations to the member.

2. CSRMA contracted with a human resources firm to review member handbooks upon request. Both methods proved to have their merits and shortcomings with neither method being overwhelmingly “better” than the other.

ATTACHMENTS: None

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San Leandro company expands as demand for water grows Energy Recovery Inc. is building a manufacturing facility at its Doolittle Drive headquarters By Jason Sweeney The Oakland Tribune Posted: 04/19/2010 12:00:00 AM PDT Updated: 04/19/2010 07:21:09 AM PDT SAN LEANDRO — While jobs are scarce and companies everywhere are downsizing and shutting down, Energy Recovery Inc. is growing. The company, which makes energy-saving devices for desalination plants, is setting up a manufacturing facility at its San Leandro headquarters, where it is planning to hire 30 employees by June. The firm's flagship product — the PX Pressure Exchanger — is a steel cylinder about 4 feet long, which encases a spinning ceramic cartridge. The pressure exchanger sells for $25,000 a pop. When hooked up at desalination plants, the exchanger cuts energy use by about 60 percent, making the energy-intensive desalination process a lot more efficient and affordable, President and Chief Executive Officer G.G. Pique said. With demand for water going nowhere but up, so is demand for the PX Pressure Exchanger. "We have gone from an idea to 70 percent market share globally in six years," Pique said.

Energy Recovery's exchangers are used at desalination plants worldwide, from Israel to Algeria to Australia to China, Pique said. With plans moving forward for large desalination plants in Monterey and Carlsbad, Pique foresees California's freshwater needs being supplied cheaply from seawater. He predicted that 10 years from now, as much as 30 percent of California's water could come from desalination. Although the state is not in a drought now, 13 million people were added to California's population since the last drought, Pique said. "The Colorado River is being sucked dry. As the water starts to run out, more and more of these plants will be built. The potential demand for this technology is just astronomical." Energy Recovery Inc. employs about 150 people, with 85 employees working in its headquarters building at 1717 Doolittle Drive. The company moved from Virginia to San Leandro in 2000. "This is where the smart people are," Pique said, explaining that the Bay Area has an abundant supply of engineers. Many of his employees are UC Berkeley graduates. The company had occupied a smaller building on Doolittle Drive but needed to expand. Late last year, it moved across the street, into a revamped 165,000-square-foot building that once had been occupied by Bell Labs. Currently, large kilns, mills and presses are being installed in the rear of the building. Terry Sandlin, vice president of manufacturing, said

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the most important component of the pressure exchanger will be manufactured from start to finish on site starting in June. Invented by Norwegian Leif Hauge, the component is a ceramic cartridge that spins and converts brine pressure back into energy. The cartridge currently is machined and ground from ceramic slugs and then tested at the San Leandro building. But Sandlin said the company decided to build the entire component itself. Piles of aluminum oxide — essentially dirt — will be mixed, shaped, cooked and machined into a finished product on site, ready for shipping. Sandlin, a Pinole resident who has decades of experience working in manufacturing in the Bay Area, is in charge of getting the factory up and running. He said he is passionate about what he does. "There's a big ocean out there," he said. "You get a once-in-a-lifetime opportunity to work for a company like this that can make a real difference." Jason Sweeney covers San Leandro. Contact him at 510-293-2469.

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CSRMA MEETING CALENDAR 2010JANUARY FEBRUARY MARCH APRIL

CSRMA OC - WED - 12/23/09 CSRMA WC - THUR - 11 CSRMA LRP - SUN - TUE - 14, 15 & 16 CSRMA OC - MON - 5CSRMA EB - THUR - 14 CSRMA FIN - MON - 12CSRMA BD - FRI - 15 CSRMA EB - THURS - 29

CSRMA BD - FRI - 30

CASA January 12-15 Desert Springs CASA April 28-30 Newport Beach

MAY JUNE JULY AUGUSTCSRMA LIAB - THUR - 13 CSRMA WC - THUR - 3 CSRMA OC - THUR - 15 CSRMA EB - THUR - 19CSRMA OC - THUR - 20 CSRMA EB - THUR - 10 CSRMA BD - FRI - 20

CASA August 18-20 Monterey

SEPTEMBER OCTOBER NOVEMBER DECEMBERCSRMA OC - TUE - 21 CSRMA EB - THUR - 14 CSRMA FIN - FRI - 5 CSRMA EB - THUR - 9CSRMA LIAB - THUR - 23 CSRMA WC - THUR - 28 CSRMA LIAB - THUR - 11

CSRMA OC - THUR - 18

CAJPA September 8-10South Lake Tahoe

G:\Share\client\jpa\CSRMA\Agenda\Admin\Calendars\Meeting Calendar2010.xls

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CSRMA Board of Directors

60 Members

Pooled Liability Program Committee

Talyon Sortor, Fairfield-Suisun Sewer District, Chair

Bert Michalczyk, Dublin San Ramon SD

Craig Murray, Carpinteria SD

Logan Olds, Victor Valley WRA

Al Miller, Stege SD

Richard Currie, Union SD

Workers’ Compensation Program Committee

E.J. Shalaby, West County Wastewater

District, Chair Greg Baatrup, Fairfield-Suisun Sew. Dist.

Jason Dow, Central Marin SA

Jason Warner, Oro Loma SD

Dan Child, SBSA

Tom Selfridge, Truckee SD

Program Management Alliant Insurance Services, Inc.

JPA Administration & Insurance

Dennis Mulqueeney

Seth Cole

Myron Leavell

Marilyn Schley

P.J. Skarlanic

Thary Ou

Tevea Him

Loss Control Services

David Patzer, Risk Management Solutions CSRMA Risk Control Advisor

Heather Truro, HT Consulting

Return to Work Consultant

Accounting

Tami Giovanni

Financial Auditor

A.J. Major Vavrinek, Trine, Day &

Co., LLP Coverage Counsel

David J. Garthe, Esq. Boornazian, Jensen &

Garthe

Legal Counsel

Byrne Conley, Esq. Gibbons & Conley

Secretary

George Emerson

Officers Committee

Robert Reid

Russ Baggerly

Executive Board Robert Reid, West Valley Sanitation District (President)

Russ Baggerly, Ojai Valley Sanitary District (Vice President)

Talyon Sortor, Fairfield-Suisun Sewer District

Marcia Beals, Tahoe Truckee SA

Zoeanne Tafolla, Vallejo Sanitation & FCD

Paul Bushee, Leucadia Wastewater District

E.J. Shalaby, West County Wastewater District

Tom Rosales, SOCWA (Alternate)

Finance Committee

Kenneth Spray, Chair

Ron Shepherd

Jeff Moorhouse

Roland Williams

Treasurer

Kenneth Spray

Claims

Janice Yardley Carl Warren & Co.

Claims

Nancy Hutton York Insurance Services, Inc.

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CSRMA California Sanitation Risk Management Authority

Service Team

Dennis Mulqueeney Senior Vice President

JPA Manager (415) 403-1421

[email protected]

Seth Cole Vice President

Assistant JPA Manager (415) 403-1419

[email protected]

Tami Giovanni Accounting

(925) 963-0951 [email protected]

Thary Ou Account Administrator

Account Support Services (415) 403-1433

[email protected]

Myron Leavell Account Manager JPA / Insurance Administration (415) 403-1404

[email protected]

Marilyn Schley Account Manager

Insurance Administration (415) 403-1432

[email protected]

David Patzer Risk Control Advisor

Risk Control Consulting Services

(707) 373-9709 [email protected]

Tevea Him Administrative Support

Services (415) 403-1416

[email protected]

P.J. Skarlanic Account Manager

JPA / Insurance Administration (415) 403-1455

[email protected]

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