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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Larry R. Pitzer Subject:
O"''''''''L
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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 Training Burns
Dept: Fire
Date:
March 12, 2001
MlCC Meeting Date:
April 16, 2001
Synopsis of Previous Council Action:
7/20/98 Resolution adopted to conduct prescribed burns and approval of agreement to gain
permission of parcel owners to enter their property for such burns.
4/19/99 Resolution adopted to conduct prescribed burns and approval of agreement to gain
permission of parcel owners to enter their property for such burns.
6/19/00 Resolution adopted to conduct prescribed burns and approval of agreement to gain
permission of parcel owners to enter their property for such burns.
RECOMMENDATION:
Adopt Resolution.
Contact Person: Larrv R. Pitzer Phone: (909)384-5286
Supporting data attached: Resolution. Staff Report. & Aareement Ward: City Wide
FUNDING REQUIREMENTS: Amount:
Source:
None
(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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Agenda Item No.--15
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 training burns.
BACKGROUND:
For the past eight years, the City of San Bernardino Fire Department has
conducted training/vegetation management burn programs on Little Mountain. In
so doing, the Department achieved its three goals by 1) Providing wildland fire
training to its suppression forces; 2) Promoting interagency training with the U.S.
Forest Service and California Department of Forestry; and 3) Reducing the threat
of wildland/suburban interface fire. Prior to conducting the past burns, the
Department routinely sent out a letter to each of the private property owners
within the burn areas asking their permission to conduct prescribed burns on
their property. The letter stipulates that the City will accept responsibility for any
liability arising out of the burn project. The wording of the letter has been
previously approved by the City Attorney's Office.
The Fire Department sent the City Attorney's Office correspondence regarding
agreements with property owners in the Federal Emergency Management
Agency (FEMA) grant project area in the City's foothills. In its reply, the
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.
In addition, a need now exists throughout the entire City to incorporate the same
type of Agreement between the City and property owners for prescribed and/or
training burn needs as they arise. Therefore, the Agreement has been modified
to cover this need.
PROPOSED STANDARD AGREEMENT
Since the Fire Department may be conducting several training/vegetation
management burn projects on a routine basis each year, the Department
proposes that the attached Prescribed Burn and/or Training Project Agreement
(Agreement) be utilized to gain property owner's permission to burn on their
property and release them of liability for the burn. The Agreement stipulates that
it will terminate upon satisfactory completion of the prescribed burn 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:
None
RECOMMENDATION:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A ST ANDA
AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCE
OWNERS TO ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTIN
PRESCRIBED ANDIOR TRAINING BURNS
WHEREAS, the City of San Bernardino has historically suffered the loss of lives, home
and property due to wildland fires spreading into its northern wildland-urban interface; and
WHEREAS, current conditions including vegetation growth, climate and topograph
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 an
conduct prescribed and/or training burns throughout the City; and
WHEREAS, paragraph Il5.lf of the City's General Plan states that "Wildland fue
management measures should include... prescribed burning..."; and
WHEREAS, the City must gain the permission of property owners to enter their propert
for the purposes of conducting prescribed and/or training burns; and
WHEREAS, the gaining of such permission from property owners is facilitated by havin
the City indemnify and hold property owners harmless against liability for damages that ma
arise out of the performance of prescribed vegetation management and/or training burns; and
WHEREAS, a standard agreement would facilitate the timely conduct of routine wildlan
fire training and/or special vegetation management and/or other program burns.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A ST ANDA
AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCE
OWNERS TO ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTIN
PRESCRIBED AND/OR TRAINING BURNS
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil.. OF THE CITY OF SA
BERNARDINO AS FOLLOWS:
SECTION 1. The Fire Chief of the City of San Bernardino is hereby authorized an
directed to execute, on behalf of the City of San Bernardino, Prescribed Bum and/or Trainin
Project Agreements to obtain permission from property owners before initiating prescribe
vegetation management and/or training bums on such owners' property located within the City 0
San Bernardino. A copy of the Prescribed Bum and/or Training Project Agreement is attache
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 vali
from May 1,2001 through April 30, 2002.
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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 TRAINING BURNS
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
meeting thereof, held on the
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day of
,2001, by the following vote, to wit:
COUNCILMEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
AYES
NAYS
ABSTAIN
ABSENT
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Rachel Clark, City Clerk
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The foregoing resolution is hereby approved this
day of
, 2001.
Judith Valles, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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By: \iA,j~.,
C
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PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
e
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 or control
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):
e
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
otential for another local-area wildland fire extremel hi h
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 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.
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PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE20F2
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:
. .
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): -4 -\ ,,-0 I
Vote: Ayes 1-5 I I') Nays
Change to motion to amend original documents:
Jtem#~
.J:;;r Abstain
Resolution #
'2tt>\- "1 I
Absent b
o
Reso. # On Attachments: -L Contract term: -5/110 (To 4/&>) b2.
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: -4 - \ 'if-6 ,
Date of Mayor's Signature: A-I q~1
Date of ClerklCDC Signature: Lv \ 4-C> \
NullNoid After: -
By: -
Reso. Log Updated: .-/
Seal Impressed: V
See Attached:
~..~d:_
See Attached:
Date Memo/Letter Sent for SighalYM.
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234,655,92-389):
Copies Distributed to:
City Attorney / Code Compliance
Dev. Services
Parks & Rec.
Police
Public Services
Water
Notes:
Date Returned:
Yes ~ No By
Yes No-L By
Yes No -L By
Yes No V By
Yes No/ By
EDA
Finance
MIS
Others: ?-( a..r;:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ~
Date: 4-z~-o \
Revised 01/12/01