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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
OR\G\NAL
Subject: Resolution of the Mayor and Common Council
of the City of San Bernardino Authorizing the City
Attorney's Office to Provide Legal Advice to Old
Waterman Canyon Fire Victims and/or Property Owners
Within the City's Limited Sphere of Influence and
Declaring The City to Be Self-Insured From August 26,
2004 until the Effective Policy Date of the Lawyers
Professional Liability Insurance for Professional
Liability Claims, Lawsuits and/or Judgments, etc.,
Arising From the Legal Advice Given to Said Victims
and/or Property Owners Whose Property was Damaged
or Destroyed in Said Old Waterman Canyon Fire.
Dept: CITY ATTORNEY
Date: September 2, 2004
Synopsis of Previous Council Action:
November 3,2003 - Adoption of Resolution No. 2003-295: Resolution ofthe Mayor and Common Council
of the City of San Bernardino Declaring the City to be Self-Insured From November 3, 2003 Until the
Effective Policy Date of the Lawyers Professional Liability Insurance for Professional Liability Claims
Lawsuits and/or Judgments, etc., Arising from the Legal Advice Given to Victims and/or Property Owners
Whose Property Was Damaged or Destroyed in the Recent Fires in the City of San Bernardino.
Recommended motion:
Adopt Resolution.
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff ReDort
Ward:
All
FUNDING REQUIREMENTS: Amount: None at this time
Source:
Finance:
Council Notes:
Agenda Item No.
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TO:
FROM:
DATE:
AGENDA:
STAFF REPORT
Council Meeting Date: September 7, 2004
Common Council
Mayor and City Attorney Offices
September 2, 2004
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Attorney's Office to provide legal advice to Old Waterman
Canyon Fire victims and/or property owners within the City's limited sphere of
influence and declaring the City to be self-insured from August 26, 2004 until
the effective policy date of the lawyers professional liability insurance for
professional liability claims, lawsuits and/or judgments, etc. arising from the
legal advice given to said victims and/or property owners whose property was
damaged or destroyed in said Old Waterman Canyon Fire (Agenda Item #27).
As the attached letter indicates, there are a number of victims of the Old Fire who reside in
county areas, within the City's sphere of influence, and who are still in need of legal assistance and
advice. On August 26, 2004, the City Attorney's office was authorized to provide such assistance
and advice to them. Generally, there is a one-year statute of limitations from the date of the loss
within which to file a lawsuit against one's insurance company lithe policyholder wishes to pursue
a litigation remedy. That one-year period deadline will be upon us in the third week of October.
As with the previous Council action (Resolution No. 2003-279), the authorization to provide
legal assistance and advice does not include litigation, and does not extend beyond December 31,
2004. In most, ifnot all cases with the county residents, they will either have their claims resolved,
or be referred to law firms or legal assistance, to pursue their litigation remedies. This is a necessary
and short term/temporary program to provide assistance to those who are impacted by our City
decisions, whose school-age children attend our City schools, and whose properties reflect upon the
visual appearance of our City.
The proposed resolution seeks ratification of the prior authorization so as to permit County
victims and/or property owners within the City's limited sphere of influence, whose property was
damaged or destroyed by the Old Fire, to receive legal assistance and advice from the City Attorney's
Office consistent with the same parameters previously adopted for City residents. It is requested that
the proposed resolution be adopted.
attachment
CITY OF SAN BERNARDINO
MAYOR'S OFFICE
TO: James F. Penman, Ci
FM: Mayor Judith Valles
RE: .ng in County Islands
DT: August 26, 2004
It has come to my attention that a number of victims of the Old Fire who reside in county
islands are seeking assistance and advice through your office regarding their negotiations with
their insurance companies. Since these county residents are within the City of San Bernardino's
sphere of influence and their children attend City schools, and since the time for filing a lawsuit
arising out of any losses occurring as a result of the Old Fire is about to expire, I am authorizing
your office to provide assistance and advice to these county residents consistent with that
previously authorized by the Council for City residents.
At the next Council meeting scheduled for September 7,2004, I will request the Council
to ratify this authorization on the basis time was ofthe essence for these residents in making
decisions on how to proceed with their insurance claims resulting from their losses sustained
from the Old Fire.
I
o
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RESOLUTI
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY ATTORNEY'S OFFICE TO PROVIDE LEGAL
3 ADVICE TO OLD WATERMAN CANYON FIRE VICTIMS AND/OR PROPERTY OWNERS
WITHIN THE CITY'S LIMITED SPHERE OF INFLUENCE AND DECLARING THE CITY TO
4 BE SELF. INSURED FROM AUGUST 26, 2004 UNTIL THE EFFECTIVE POLICY DATE OF THE
LA WYERS PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONAL LIABILITY
5 CLAIMS, LAWSUITS AND/OR JUDGMENTS, ETe. ARISING FROM THE LEGAL ADVICE
GIVEN TO SAID VICTIMS AND/OR PROPERTY OWNERS WHOSE PROPERTY WAS
6 DAMAGED OR DESTROYED IN SAID OLD WATERMAN CANYON FIRE.
7 WHEREAS, the City of San Bernardino is a self-insured entity for the first One Million Dollars
8 ($1,000,000.00) of authorized City activities; and
9 WHEREAS, the City Attorney's Office was authorized on August 26, 2004 to provide legal advice
10 to Old Waterman Canyon Fire County victims and/or property owners within the City's limited sphere of
II influence, such authorization not including litigation and not extending beyond December 31, 2004, in
12 accordance with Resolution No. 2003-295; and
13 WHEREAS, the City Attorney's Office was further authorized on August 26, 2004, in accordance
o 14 with Resolution No. 2003-295, to seek purchase oflawyers professional liability insurance tocoverthe City's
15 attorneys and support staff associated with this temporary program effort; and
16 WHEREAS, the City of San Bernardino declares that it is self-insured for One Million Dollars
17 ($1,000,000.00) from August 26, 2004 until the effective policy date of obtained lawyers professional
18 liability insurance for professional liability claims, lawsuits and/or judgments, etc. arising from the legal
19 advice given to the afore-mentioned victims and/or property owners within the City's limited sphere of
20 influence, whose property was damaged or destroyed in said Old Waterman Canyon Fire; and
21 WHEREAS, the Council hereby ratifies said August 26 authorization so as to include those afore-
22 mentioned Old Waterman Canyon Fire County victims and/or property owners within the City's limited
23 sphere of influence, whose property was damaged or destroyed by said fire.
24 NOW, THEREFORE, BE IT RESOLVED BYTHEMA YOR AND COMMON COUNCIL OF
25 THE CITY OF SAN BERNARDINO, AS FOLLOWS:
26 SECTION 1. From August 26, 2004 until the effective policy date of obtained lawyers
o 27 professional liability insurance for professional liability claims, lawsuits and/or judgments, etc. arising from
28 the legal advice given to the afore-mentioned victims and/or property owners within the City's limited sphere
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RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY ATTORNEY'S OFFICE TO PROVIDE LEGAL
ADVICE TO OLD WATERMAN CANYON FIRE VICTIMS AND/OR PROPERTY OWNERS
WITHIN THE CITY'S LIMITED SPHERE OF INFLUENCE AND DECLARING THE CITY TO
BE SELF.INSURED FROM AUGUST 26, 2004 UNTIL THE EFFECTIVE POLICY DATE OF THE
LA WYERS PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONAL LIABILITY
CLAIMS, LAWSUITS AND/OR JUDGMENTS, ETC. ARISING FROM THE LEGAL ADVICE
GIVEN TO SAID VICTIMS AND/OR PROPERTY OWNERS WHOSE PROPERTY WAS
DAMAGED OR DESTROYED IN SAID OLD WATERMAN CANYON FIRE.
of influence. whose property was damaged or destroyed in said Old Waterman Canyon Fire, the City of San
Bernardino hereby declares that it is self-insured for One Million Dollars ($ I ,000,000.00) for professional
liability claims, lawsuits and/or judgments, etc. arising from the legal advice given by the attorneys in the
San Bernardino City Attorney's Office to said afore-mentioned victims and/or property owners within the
City's limited sphere of influence, whose property was damaged or destroyed in the Old Waterman Canyon
Fire.
SECTION 2. The City of San Bernardino hereby covenants and agrees to defend, indemnify, and
hold harmless the attorneys in the City Attorney's Office of the City of San Bernardino as well as each of
their successors, assigns, agents and all persons acting by, through, under or in concert with any of them who
are employed in the City Attorney's Office, for the legal advice given by the attorneys in the San Bernardino
City Attorney's Office to said afore-mentioned victims and/or property owners within the City's limited
sphere of influence, whose property was damaged or destroyed by the Old Waterman Canyon fire for the
period of August 26, 2004 until the effective policy date of obtained lawyers professional liability insurance
for professional liability claims, lawsuits and/or judgments, etc. arising from the temporary program of
providing legal advice, including but not limited to, interpreting insurance policies and assisting in claims,
but not including litigation or beyond December 3 I, 2004, as conducted by the San Bernardino City
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY ATTORNEY'S OFFICE TO PROVIDE LEGAL
ADVICE TO OLD WATERMAN CANYON FIRE VICTIMS AND/OR PROPERTY OWNERS
WITHIN THE CITY'S LIMITED SPHERE OF INFLUENCE AND DECLARING THE CITY TO
BE SELF-INSURED FROM AUGUST 26, 2004 UNTIL THE EFFECTIVE POLICY DA TE OF THE
LA WYERS PROFESSIONAL LIABILITY INSURANCE FOR PROFESSIONAL LIABILITY
CLAIMS, LAWSUITS AND/OR JUDGMENTS, ETC. ARISING FROM THE LEGAL ADVICE
GIVEN TO SAID VICTIMS AND/OR PROPERTY OWNERS WHOSE PROPERTY WAS
DAMAGED OR DESTROYED IN SAID OLD WATERMAN CANYON FIRE.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common
Council of the City of San Bernardino at a
meeting thereof, held on the _
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day of , 2004, by the following vote. to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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ESTRADA
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LONGVILLE
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MCGINNIS
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DERRY
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KELLEY
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JOHNSON
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MCCAMMACK
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Rachel G. Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of
,2004.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
BY)__ 1. fe--
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