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HomeMy WebLinkAbout20-City Attorney , 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 JFP led[F ire. Ins.S taffReport] 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, ~P:~~ Cl;e~:~rney JFP led[F ire.Ins. StaftReport]