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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION 0 RIG 1 N A L
From:
Larry R. Pitzer, Fire Chief
Subject: Resolution of the City of San Bernardino adopting
a standard agreement to be used for gaining the
permission of parcel owners to enter their property
for the purposes of conducting prescribed and/or
structural training bums.
Dept: Fire
Date:
September 19,2005
MC/C Meeting Date:
October 17,2005
Synopsis of Previous Council Action:
07/20/98
04/19/99
06/19/00
04/16/01
10/04/04
Resolution adopted to conduct prescribed bums and approval of agreement to gain permission of
parcel owners to enter their property for such bums.
Resolution adopted to conduct prescribed bums and approval of agreement to gain permission of
parcel owners to enter their property for such bums.
Resolution adopted to conduct prescribed bums and approval of agreement to gain permission of
parcel owners to enter their property for such bums.
Resolution adopted to conduct prescribed bums and approval of agreement to gain permission of
parcel owners to enter their property for such bums.
Resolution adopting a standard agreement to be used for gaining the permission of parcel owners
to enter their property for the purposes of conducting prescribed and/or structural training bums.
RECOMMENDATION:
Adopt resolution.
Contact Person: Larrv R. Pitzer, Fire Chief
Phone: (909) 384-5286
Supporting data attached: Staff Report, Resolution, and Agreement
Ward: Citv Wide
FUNDING REQUIREMENTS:
Amount:
Source:
$
(Acct No.)
(Acct. Description)
Finance:
Council Notes: ~ - 3 I'
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Agenda Item NO.~
STAFF REPORT
SUBJECT:
Resolution of the City of San Bernardino adopting a standard agreement to be used for
gaining the permission of parcel owners to enter their property for the purposes of
conducting prescribed and/or structural training bums.
BACKGROUND:
The City of San Bernardino Fire Department has conducted live structural fire
training/vegetation management bum programs on various properties in the City. By
conducting these bums the Fire Department achieves three goals: 1) Providing
structural/wildland fire training to its suppression forces; 2) Promoting interagency
training with the California Department of Forestry, U. S. Forest Service, and/or
surrounding fire agencies; and 3) Reducing the threat of wildland/suburban interface fire.
Prior to conducting the bums, the Fire Department routinely sends out a letter of
agreement to each of the private property owners within the bum areas asking their
permission to conduct prescribed/training bums on their property. The letter stipulates
that the City will accept responsibility for any liability arising out of the bum project.
The City Attorney's Office noted that the Common Council needs to approve agreements
that obligate the City in the event personal injury or property damage results from a
project.
PROPOSED STANDARD AGREEMENT
Since the Fire Department may be conducting several training/vegetation management
bum projects on a routine basis each year, the Department proposes that the attached
Prescribed Bum and/or Training Project Agreement be utilized to gain property owner's
permission to bum on their property and release them of liability for the bum. The
Agreement stipulates that it will terminate upon satisfactory completion of the prescribed
bum and/or training project, but in no event will the term of the Agreement exceed one
(1) year. Hence, the Fire Department will, on an annual basis, resubmit the Agreement
for Common Council review and approval.
FINANCIAL IMPACT:
There is no financial impact to the General Fund.
RECOMMENDATION:
Adopt resolution.
.
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RESOLUTION NO. ---CC ~ lP V
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR GAINING
THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR PROPERTY FOR THE
PURPOSES OF CONDUCTING PRESCRIBED ANDIOR STRUCTURAL TRAINING
BURNS.
WHEREAS, the City of San Bernardino has historically suffered the loss of lives, homes and
property due to wildland fires spreading into its northern wildland-urban interface; and
WHEREAS, current conditions including vegetation growth, climate and topography
combine to make the potential for another local-area wildland fire extremely high; and
WHEREAS, for public safety reasons, the City must, on occasion, implement and conduct
prescribed and/or structural training bums throughout the City; and
WHEREAS, paragraph 115.1f of the City's General Plan states that "Wildland fuel
management measures should include... prescribed burning... "; and
WHEREAS, the City must gain the permission of property owners to enter their property for
the purposes of conducting prescribed and/or structural training bums; and
WHEREAS, the gaining of such permission from property owners is facilitated by having the
City indemnify and hold property owners harmless against liability for damages that may arise out
of the performance of prescribed vegetation management and/or structural training bums; and
WHEREAS, a standard agreement would facilitate the timely conduct of routine wildland fire
training and/or special vegetation management and/or other program bums.
SECTION 1. The Fire Chief of the City of San Bernardino is hereby authorized and directed
to execute, on behalf of the City of San Bernardino, Prescribed Burn and/or Training Project
Agreements to obtain permission from property owners before initiating prescribed vegetation
management and/or structural training bums on such owners' property located within the City of
San Bernardino. A copy of the Prescribed Bum and/or Training Project Agreement is attached
hereto as Exhibit "A" and incorporated herein by reference as though fully set forth at length.
SECTION 2. The authorization to execute the above referenced agreements is valid from
November 1, 2005 through October 30, 2006.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR GAINING
THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR PROPERTY FOR THE
PURPOSES OF CONDUCTING PRESCRIBED AND/OR STRUCTURAL TRAINING
BURNS.
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
day of , 2005, by the following vote, to wit:
Council Members
AYES
ABST AlN ABSENT
NAYS
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2005.
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
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Exhibit "A"
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
THIS AGREEMENT is made and entered into this day
of , 20_, by and between the City of San Bernardino through
its Fire Chief, (hereinafter referred to as "CITY"), and
hereinafter referred to as "COOPERATOR", and is intended to provide for site
preparation, prescribed burning, and necessary follow-up activities of an area
owned and controlled by COOPERATOR.
WHEREAS COOPERATOR certifies that he/she/they own property or
properties that is/are located within the proposed burn area delineated on a map
incorporated within the City of San Bernardino and County of San Bernardino
upon Assessor's parcel numbers
; and
WHEREAS CITY has determined that the anticipated public benefit from
the proposed PROJECT (Mark all boxes that apply):
CHECK BOX TO BE USED FOR WILDLAND BURN INTERFACE AREA
Will exceed the foreseeable damage in that the City of San
Bernardino has historically suffered the loss of lives, homes, and
property due to wildland fires spreading into its northern
wildland-burn interface and current conditions including
vegetation growth, climate and topography combine to make the
potential for another local-area wildland fire extremely high
AND/OR:
CHECK BOX TO BE USED FOR AREAS OTHER THAN WILDLAND BURN INTERFACE
Will, for public safety reasons, provide a reasonable solution to
what otherwise may prove to be an ongoing problem requiring
mitigation efforts; and that a need exists to implement and
execute a Prescribed and/or Structural Training Burn on or
around the above-referenced property and/or properties, to
include structure(s), vacant parcel(s), and/or unimproved
parcel(s) whose parcel number(s) have been determined to be
located within the ro osed burn and/or trainin area.
NOW, THEREFORE, IT IS MUTUALLY AGREED:
1. COOPERATOR hereby authorizes the CITY and assisting agencies
(California Department of Forestry, United States Forest Service
and/or surrounding fire agencies) to conduct prescribed and/or
training burns on the above-referenced property or properties that
is/are located within the proposed burn area.
,.
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE 2 OF 2
2. The term of this Agreement shall commence on the above date and
will terminate upon satisfactory completion of the prescribed burn,
but in no event will the term of this Agreement exceed one year.
3. The CITY agrees to indemnify and hold harmless the
COOPERATOR against liability for damages and injuries arising
out of the performance of this Agreement, but excluding such
liability for damages and injuries to persons or property arising from
the negligence or willful misconduct of the owner(s) of the subject
property, and/or the officers, agents, and employees of such
owner(s), provided the COOPERATOR provides CITY written
notice of any damage or injury as a result of activities of this
Agreement within ten (10) days of receipt of such damage or injury.
4. This Agreement and the Prescribed Burn Plan represent the entire
contract between CITY and COOPERATOR. The project described
within the Prescribed and/or Training Burn Plan may incorporate
several independent agreements with cooperators and/or agencies.
This Agreement may be amended at any time by mutual consent in
writing. It may be canceled by either party after giving thirty (30)
days advance notice. In the event COOPERATOR unilaterally
terminates this Agreement, COOPERATOR shall be responsible for
all planning and site preparation costs incurred by CITY prior to
termination.
5. All notices hereinafter required shall be made to the parties as
follows:
On behalf of CITY: On behalf of COOPERATOR:
Fire Chief Larry R. Pitzer
CITY OF SAN BERNARDINO
FIRE DEPARTMENT
200 East 3rd Street
San Bernardino, CA 92410
(909) 384-5286
IN WITNESS WHEREOF, this Agreement has been executed by the parties
hereto, upon the date first above written.
CITY OF SAN BERNARDINO FIRE DEPARTMENT
By:
COOPERATOR
Date:
By:
Date: