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Home My Public Portal AboutA 2011-09-18 - INDEPENDENT CITIES RISK MANAGEMENT AUTHORITYGOVERNING,BOARD President Dennis Hernandez Hawthorne Vice President Josh Berta Glendora Secretary Janna Payne South Gate Treasurer John Michi_coff Downey Gary Yamauchi Alhambra Joseph Rocha Azusa Ricardo Pacheco Baldwin Park Sarah Zamora Colton Jeffrey Cooper Culver City Luis Marquez Downey Juventino Gomez El Monte Bill Fisher El Segundo Dc F. Richard Jones Fullerton Olivia Valentine Hawthorne Howard Fishman Hermosa Beach Ofelia Hernandez Huntington Park Eloy Morales .Inglewood Alfredo Lopez Lynwood Amy Haworth Manhattan Beach Mary Ann Lutz. Monrovia Tom Cody Monterey Park Mike Webb Redondo Beach Brenda Esqueda San Fernando Bill De Witt South Gate Debbie Stone Upland INDEPENDENT CITIES RISK MANAGEMENT AU' 1100 W. Town and Country Rd., Suite 1550, Orange, CA 92868 (800) 541.4591 • FAX (562) 508 -4399 AGENDA Tuesday — September 18, 2012 9:30 — 10:00 a.m. 'HORITY puuj W4 RECEIVED SEP 13 2012 CITY OF LYNWOOD C• I'T'IY',CLERKS OFFICE - a Z In compliance with the Americans with Disabilities Act, if you are a disabled person and need a disability - related modification or accommodation to participate in the meeting, please contact Chris Retama at (714) 426 -8503, or (916) 244 -1199 (fax). Requests must be made as early as possible, and at least one full business day before the start of the meeting. Notice of teleconference meeting pursuant to Government Code Section 54953 (b) — teleconferencing facilities will be available in the offices of the persons listed below at the following locations: David Luke, Assistant General Manager Leticia Lara ICRMA City of Baldwin Park 1' 100 W. Town and Country Rd., Suite 1550 14403 E. Pacific Ave. Orange, CA 92868 Baldwin Park, CA 91706 (714) 426 -8505 ((626) 960-40111, ext. 113 Jill Buchholz Jeremy Swan City of Redondo Beach City of Upland 415 Diamond St. 460 N. Euclid E Redondo Beach, CA 90277 Upland, CA 91' (310) 372 -1171, ext. 2601 (909) 931 -4376 Danielle Tellez Rachelle Adkin: City of Monrovia City of Culver ( 415 S. Ivy Ave. 9770 Culver Bl Monrovia, CA 91016 Culver City, CA (626) 932 -5518 (3 10) 253 -5653 ICRMA ADAILVISTRA TOR BICKMORE RISK SERVICES Michael Kaddatz, General Manager - David Luke, Assistant General Manager Jim Elledge, Accounting Manager Kristen Vanscourt, Workers' Compensation Manager ferric Norris, Risk Control Manager Chris Retama`Executive As'sis'tant 90232 -0507 1 Cynthia Stuart City of Inglewood One Manchester Blvd. Inglewood, CA 90301 (310) 412 -8749 1. CALL TO ORDER 2. INTRODUCTIONS Alfredo Lopez City of Lynwood 11330 Bullis Rd, Lynwood, CA 90262 (310) 603 -0220, ext. 51 3. PUBLIC COMMENTS — This time is reserved for members of the public to address the Committee relative to matters of ICRMA that are not on the agenda. Persons wishing to address items on the agenda will be permitted to do so during the discussion of the item. No action may be taken on non - agenda items unless authorized by law. Comments will be limited to five minutes per person, twenty minutes in total. 4. APPROVAL OF AGENDA AS POSTED OR AMENDED — As a matter of procedure, the Committee should approve the agenda 5. CONSENT CALENDAR — If the Committee would like to discs be pulled from the consent calendar. A. Minutes of the July 12, 2012, Claims Committee Meeting B. Minutes of the August 9, 2012, Claims Committee Meeting C. 2012/2013 Claims Committee Attendance Record D. Claims Paid Listing for August 2012 Recommendation: Consider items S.A., S.B., and S.C., and item S.D. 6. CLOSED SESSION A. Discussion of Open Claims and Conference with Legal Cot Litigation. Pursuant to Government Code Section 54956.95(a), will hold a closed session to discuss any or all claims listed on tl confidential claims reports will be collected after the discussion Any member not present should destroy his /her copy after revie% 1. Liability Program Watch List 2. Tracy Garton et al., v. City of El Segundo et al., LA YC066586 3. Tracy Garton et al., v. City of Manhattan Beach et al. No.YC066586 4. Kandace Simplis (Grissom) v. City of Culver City, et al, U CV 10 -9497 JHN 5. Kenneth Rulon v. City of Colton, SBSC Case No. CIVSS71 6. Phyllis Wilson v. City of Colton, SBSC Case No. CIVDS 1: ny item listed, it may 5 9 11 12 eive and file sel: Existing 13 e Committee agenda. The the meeting. C Case No. LASC Case DC Case No. ;635 11461 2 ICRMA Claims Committee Meeting September 18, 2012 7. Carol Cosentino (Bours) et al. v. City of Downey et al., USDC Case No. CV11- 03306GAF (SSX) 1 8. S.N., a minor (Michael Nida, decedent) et al. v. City of Downey et al., USDC Case No. CV12 -01382 9. Cornelio David Chavez v. City of El Monte et al., LASC Case No. BC475336 I 10. Jerilyn M. Marin v. City of El Monte, LASC Case No. BC423927 11. Doug Willmore v. City of El Segundo, LASC Case No. BC485025 12. Lester Gray v. City of Fullerton, OCSC Case No. 30-20110 1 0505234 13. Georgia Swank v. City of Fullerton, Not Yet Filed 14. Kelly Thomas v. City of Fullerton, OCSC Case No. 30 -1012 00581299 15. Vian/Robles v. City of Hawthorne et al., LASC Case No. Y660661 16. Paul Tapia v. City of Huntington Park, USDC Case No. CV097624VBF (SSX) 1 17. Gerard /Richardson v. City of Inglewood, LASC Case No. 12CO0948 18. Geoffrey Dolan v. City of Manhattan Beach, LASC Case No. BC472421 19. Joseph Darling v. City of San Fernando, CSCC Case No. BC472928 20. Christopher Coronel v. City of South Gate, Not Yet Filed 21. Liability Program Watch List Loss Run 22. Liability Program Open Claims Loss Run B. Pursuant to Government Code Section 54957. 1, the Committee must report in open session any action taken in closed session. f 7. CLOSING COMMENTS — This time is reserved for comments by Committee members and staff and to identify matters for future Claims Committee business. 8. ADJOURNMENT Members of the Claims Committee are as follows: Leticia Lara, Chair Baldwin Park Jill Buchholz Redondo Beach Jeremy Swan Upland Danielle Tellez Monrovia Rachelle Adkins Culver City Lolita Brown Fletcher South Gate Cynthia Stuart Inglewood Ted Cooper Colton Alfredo Lopez Lynwood 14 3 Claims Committee AGENDA ITEMS S.A. — S.D. CONSENT CALENDAR SUBJECT: Consent Calendar ICRMA BACKGROUND AND STATUS: The items shown below have been enclosed for review and approval. If al member of the Claims Committee would like to discuss any item listed, it may be pulled from the Consent Calendar. RECOMMENDATION: Consider items S.A., S.B., and S.C., and receive and file item S.D. REFERENCE MATERIAL ATTACHED: A. Minutes of the July 12, 2012, Claims Committee Meeting B. Minutes of the August 9, 2012, Claims Committee Meeting C. 2012/2013 Claims Committee Attendance Record D. Claims Paid Listing for August 2012 4 INDEPENDENT CITIES RISK MANAGEMENT MINUTES OF THE CLAIMS COMMITTEE MEETING July 12, 2012 A meeting of the Claims Committee was held on Thursday, July 1'2, 2012, in Downey, California. MEMBERS PRESENT: Leticia Lara, Chair Jill Buchholz Rachelle Adkins Cynthia Stuart Alfredo Lopez MEMBERS ABSENT: Lolita Brown Fletcher Jeremy Swan Danielle Tellez Ted Cooper Baldwin Park Redondo Beach Culver City Inglewood Lynwood South Gate Upland Monrovia Colton STAFF PRESENT: Bickmore Risk Services George Hills Company OTHERS PRESENT: Dennis Hernandez Christine Tomikawa 1. CALL TO ORDER Michael Kaddatz, General Manager David Luke, Assistant General Manager Beth Lyons Ruth Graf - Urasaki i Chris Retama Richard Valero Mike Wogee Hawthorne Manhattan Beach Chair Leticia Lara called the meeting to order at 9:35 a.m. 2. INTRODUCTIONS Self- introductions were made. 67 ICRMA Claims Committee Meeting Minutes July 12, 2 012 3. PUBLIC COMMENTS There were no public comments. 4. APPROVAL OF THE AGENDA AS POSTED OR AMENDED A motion was made by Rachelle Adkins, seconded by Cynthia Stuart, and unanimously carried to approve the agenda as posted. 5. CONSENT CALENDAR A motion was made by Dennis Hernandez, seconded by Alfredo Lopez, and unanimously carried to approve items S.A., Minutes of the May 10, 2012, Claims Committee Meeting, and S.B., 201112012 Claims Committee Attendance Record, and to receive and file item 5. C., Claims Paid Listing for June 2012. 6. CLOSED SESSION At 9:45, the Claims Committee convened in closed session to discuss the following: A. Conference with Legal Counsel: Existing Litigation • Matsukiyo v. City of South Gate, LASC Case No. BC444161 B. . Legal Fee Audit Update C. Report from Closed Session The Committee convened in open session at 10:10 a.m. and reported the following: No action was taken on Matsukiyo v. South Gate, LASC Case No. BC444161. A motion was made by Leticia Lara, seconded by Rochelle Adkins, and unanimously carried to direct ICRMA General Counsel Ken Brown to follow -up on the findings of the legal fee audit with the audited firm. 7. DISCUSSION CALENDAR A. Proposed Change in ICRMA Litigation Management Personnel David Luke reported that George Hills Company (GHC) had proposed replacing Richard Valero with Mike Wogee as ICRMA's Litigation Manager. A change to this position requires an amendment to the contract with GHC. Richard Valero introduced Mike and indicated they would be working together for a period of time to get Mike familiar with ICRMA's claims. Members then asked questions pertaining to his C ICRMA Claims Committee Meeting Minutes July 12, 2012 knowledge and experience with litigation management. After discussion, the Committee decided the proposed candidate lacked the necessary experience to handle ICRMA's litigation management, and directed staff to request other candidates for ICRMA's consideration. A motion was made by Leticia Lara, seconded by Cynthia Stuart, and unanimously carried to direct staff to contact John Chaquica to request George Hills Company provide one or more alternative litigation manager candidates for consideration by the Committee. B. Amendment to Litigation Management Policies and Procedures After reviewing legal fee benchmarks prepared by staff indicating ICRMA approved hourly rates for defense counsel are substantially higher than other Southern California pools and counties, the Committee previously decided to leave rate caps as is, but to scale fees for partners, associates, and paralegals. Staff proposed partner rates of $225 and associate rates of $180 for general civil litigation, partner rates of $250 and associate rates of $200 for EPL and civil rights, and partner rates of $300 and associate rates of $240 for appellate work. A motion was made by Leticia Lara, seconded by Cynthia Stuart, and unanimously carried to recommend to the Governing Board scaling offees as proposed by staff. C. Request for Proposals for Coverage Counsel ICRMA's coverage counsel, Charlotte Hemker- Smith, will be retiring in December. Staff .proposed a request for proposal (RFP) process /timeline for Committee consideration and suggested the RFP be sent to a limited number of candidates proposed by staff and Charlotte Hemker -Smith with strong background in coverage analysis for public entities /joint powers authorities. Members are welcome to submit additional candidates for consideration. An ad hoc committee will be formed to handle the RFP process. A motion was made by Leticia Lara, seconded by Cynthia Stuart, and unanimously carried to approve the appointment of an RFP ad hoc committee and to proceed with the proposed coverage counsel RFP process. D. Lessons Learned— Dangerous Condition Richard Valero presented the article for approval for distribution to ICRMA members. A motion was made by Cynthia Stuart, seconded by Dennis Hernandez, and unanimously carried to approve for distribution to ICRMA members "Lessons Learned — Dangerous Condition. " ICRMA Claims Committee Meeting Minutes July 12, 2012 E. GenRe Reimbursement GenRe has denied reimbursement for medical bill review and utilization review fees for the period of 1995 -1999. Coverage counsel has reviewed the policies for those years, and the policies contain an exclusion for those fees. Based on feedback from the members, it appears there are no disputed claims during the years where coverage for these fees was excluded. Staff recommends abandoning reimbursement of fees, as GenRe's coverage position appears to be strong. 8. CLOSING COMMENTS There were no closing comments. 9. ADJOURNMENT A motion was made by Leticia Lara, seconded by Cynthia Stuart, and unanimously carried to adjourn the meeting at 11:30 a.m., and to reconvene on Thursday, September 13, 2012, at the Downey Library in Downey, California. Respectfully Submitted, Chris Retama 8 INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY Minutes of the Claims Committee Meeting August 9, 2012 A meeting of the Claims Committee was held on August 9, 2012, at the Rio Hondo Event Center in Downey, California. MEMBERS PRESENT: Leticia Lara, Chair Jill Buchholz Jeremy Swan Rachelle Adkins Cynthia Stuart Ted Cooper MEMBERS ABSENT: Danielle Tellez Lolita Brown Fletcher Alfredo Lopez STAFF PRESENT: Bickmore Risk Services McKenna Long & Aldridge George Hills Company Baldwin Park Redondo Beach Upland Culver City Inglewood Colton Monrovia South Gate Lynwood David Luke, Assistant General Manager Beth Lyons Chris Retama Ken Brown Richard Valero 1. CALL TO ORDER President Hernandez called the meeting to order at 9:30 a.m. 2. INTRODUCTIONS Self- introductions were made. 3. PUBLIC COMMENTS There were no public comments. 0 ICRMA Claims Committee Meeting August 9 2012 4. APPROVAL OF AGENDA AS POSTED OR AMENDED A motion was made by Dennis Hernandez, seconded by Rachelle Adkins, and unanimously carried to approve the agenda as posted. 5. CLOSED SESSION At 9:35, the Committee convened in closed session to discuss the following: A. Legal Fee Audit B. Report from Closed Session The Committee convened in open session at 9:50 to report the following: A motion was made by Leticia Lara, seconded by Cynthia Stuart, and unanimously carried to resolve the dispute over legal fees at the terms agreed to by General Counsel and the firm representatives. 6. CLOSING COMMENTS There were no closing comments. 7. ADJOURNMENT A motion was made by Dennis Hernandez, seconded by Cynthia Stuart, and unanimously carried to adjourn the meeting at 9:55 a.m., and to reconvene on September 18, 2012. Respectfully Submitted, Chris Retama 10 ICRMA CLAIMS COMMITTEE ATTENDANCE RECORD FY 2012 -13 *Left Committee October 4, 2011 ** Joined Committee October 4th Hawthorne Hawthorne Hawthorne Downey Baldwin Park Downey % of Attendance Member 7/12/2012 9/18/121 11/8/2012 1/10/2013 3/14/2013 5/9/2013 Leticia Lara, Vice Chairperson X 100% Jill Buchholz X 100% Jeremy Swan Absent 0% Lolita Brown Fletcher Absent 0% Cynthia Stuart X 100% Danielle Tellez Absent 0% Rachelle Adkins X 100% Ted Cooper Absent 0% Alfredo Lopez I X 1 100% *Left Committee October 4, 2011 ** Joined Committee October 4th Independent Cities Risk Management Authority Liability and Workers Compensation Programs Claims Paid Listing August 2012 Check Defense Indemnity Total Number Date Payee Claim# Claimant Member Refund Fees & Costs Payments Payment Liability Program: 9070 812112012 1 Best Best &Krieger 24530 Kochanski Colton $ 1,021.69 $ 1,021.69 9071 8/21/2012 Best Best & Krieger 24529 Rulon Colton 6,816.55 6,816.55 9072 8/2112012 Best Best & Krieger 24531 Kochanski Colton 102.46 102.46 9073 8/21/2012 Best Best & Krieger 24529 Rulon Colton 1,859.32 1,859.32 9076 8/21/2012 Carpenter Rothans & Dumont 24704 Sen u to Monrovia 1,216.60 1,216.60 9081 8/21/2012 E eWitness Animations 24702 Smith - Anderson Inglewood 13,855.00 13,855.00 9084 8/21/2012 Judicat West 41377 Gerad Inglewood 690.00 690.00 9107 8/21/2012 Manning & Kass 24702 Smith - Anderson Inglewood 8,175.87 8,175.87 9108 8121/2012 Mannin & Kass 41377 Gerad Inglewood 1,656.76 1,656.76 13661 8/24/2012 Rot Carpenter & hans 24520 Enriquez Baldwin Park (4,812.50) (4,812.50) LIABILITY TOTAL $ (4,812.50) $ 35,394.25 $ - $ 30,581.75 Note: No Workers Compensation Program payments were made during the month of August 2012. ICRMA Claims Committee Meeting 4 September 18 2012 AGENDA ITEM 6.A. CLOSED SESSION SUBJECT: Closed Session BACKGROUND AND STATUS: Pursuant to Government Code Section 54956.95(a), the Committee will hold a closed session to discuss any or all items listed on the agenda. REFERENCE MATERIAL ATTACHED: The following documents have been included as separate, confidential attachments: 1. Liability Program Watch List 2. Tracy Garton et al., v. City of El Segundo et al., LASC Case No. YC066586 3. Tracy Garton et al., v. City of Manhattan Beach et al., LASC Case No.YC066586 4. Kandace Simplis (Grissom) v. City of Culver City, et al, USDC Case No. CV 10 -9497 JHN 5. Liability Program Watch List Loss Run 6. Liability Program Open Claims Loss Run 13 ICRMA Claims Committee Meeting September 18, 2012 AGENDA ITEM 6.B. CLOSED SESSION SUBJECT: Report from Closed Session BACKGROUND AND STATUS: Pursuant to Government Code Section 54957.1, the Committee must report in open session any action taken in closed session. REFERENCE MATERIAL ATTACHED: None. 14