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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Date:
October 31, 200b RIG \ N A L
Subject: Authorize The City Attorney's Office To
Provide Legal Advice To Residents And/Or Property
Owners Of The City Of San Bernardino Whose Property
Was Damaged Or Destroyed In The Recent Fires;
Authorization That Lawyers Who Volunteer Their
Services to Assist In This Endeavor Be Coordinated
Through The Office Of The City Attorney.
Dept: CITY ATTORNEY
Synopsis of Previous Council Action:
None.
Motions:
MOTION 1: That the City Attorney's office is authorized to provide legal advice to residents and/or
property owners of the City of San Bernardino whose property was damaged or destroyed in the recent fires,
such authorization does not include litigation and shall not extend beyond December 31,2004.
MOTION 2: That the use of volunteer lawyers from the legal community to assist in this temporary
program shall be coordinated through the Office of the City Attorney.
MOTION 3: A. That the Mayor and Common Council adopt a resolution of self-insurance for
professional liability claims, lawsuits and/or judgments, etc. arising from the legal advice given to victims
and/or property owners of recent fires from the City of San Bernardino,
OR
B. That the Director of Finance be authorized to amend the Fiscal Year 2003-2004
adopted budget and appropriate $60,000.00 from the Budget Reserve to the City Attorney Office Budget Item
ProfessionaVContractual Services (Account No. 001-051-5502).
7-'~
I ature
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Reoort
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Agenda Item No.
~D
11 I 'j 103
STAFF REPORT
Council Meeting Date: November 3. 2003
TO: Mayor and Common Council
FROM: City Attorney's Office
DATE: October 31,2003
AGENDA: Authorize The City Attorney's Office To Provide Legal Advice To Residents
And/Or Property Owners Of The City Of San Bernardino Whose Property Was
Damaged Or Destroyed In The Recent Fires; Authorization That Lawyers Who
Volunteer Their Services To Assist In This Endeavor Be Coordinated Through
The Office Of The City Attorney
We learned from our experience in the Panorama fire that many of our citizens will have
difficulty negotiating with their insurance companies and some may even need assistance filing their
claims. After the Panorama fire, a handful of attorneys volunteered to assist, but they were soon
overwhelmed with the number of requests.
I am respectfully requesting the Mayor and Council to authorize the City Attorney's office
to provide legal advice to those residents of the City of San Bernardino whose property was damaged
or destroyed in the recent fire. The authorization, if given, would not include litigation.
If this request is approved, we will work with the San Bernardino County Bar Association
and the legal community, asking lawyers to volunteer their services to assist in this endeavor, and,
I request that the Council authorize that the use of those volunteers be coordinated through the Office
of the City Attorney.
The Council has the option of remaining self-insured for $1 million, Motion 3A, or
authorizing the purchase of lawyers professional liability insurance to cover the attorneys and
support staff which would be associated with this effort. Preliminary estimates obtained from the
City's Insurance Broker (Driver-Alliant Insurance Services) indicates that a $1 million lawyers
professional liability insurance policy, with a $1 0,000 deductible, would be in the range of$35,000-
$60,000, and this would cover a five-year period consisting of the following: One year of providing
the legal assistance as enumerated previously herein, and a four-year extended notification/reporting
period to cover any
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claims arising in the first year which are filed in any of the subsequent four years. If the Council
chooses the second option for such liability insurance policy, it should also adopt Motion # 3B.
Respectfully submitted,
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Cl;e~:~rney
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