HomeMy WebLinkAbout05.C- Fire RESOLUTION (ID#2638) DOC ID: 2638
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: George A. Avery M/CC Meeting Date: 09/03/2013
Prepared by: Norma Camarena, (909) 384-
5286
Dept: Fire Ward(s): All
Subject:
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 Purpose of Conducting Prescribed And/Or Structural Training Burns. (#2638)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial impact to the General Fund.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
04/19/99 Resolution#1999-69 adopted to conduct prescribed burns and approval of
agreement to gain permission of parcel owners to enter their property for such
I burns.
06/19/00 Resolution#2000-170 adopted to conduct prescribed burns and approval of
agreement to gain permission of parcel owners to enter their property for such
burns.
04/16/01 Resolution#2001-71 adopted to conduct prescribed burns and approval of
agreement to gain permission of parcel owners to enter their property for such
burns.
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10/18/04 Resolution #2004-328 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.
10/17/05 Resolution #2005-346 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.
06/04/07 Resolution #2007-179 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.
Updated: 8/15/2013 by Norma Camarena Packet Pg. 17
2638
05/04/09 Resolution #2009-109 adopted to conduct prescribed burns and approval of
agreement to gain permission of parcel owners to enter their property for such
burns.
06/06/11 Resolution #2011-123 adopted a standard agreement to be used for gaining the
permission of parcel owners to enter their property for the purpose of conducting
prescribed and/or structural training burns.
Background:
The Fire Department may conduct live structural fire training/vegetation management burn
programs on various properties in the City. By conducting these burns the Fire Department
achieves three goals: 1) Providing structural/wildland fire training to its suppression forces; 2)
Promoting interagency training with the CalFire, U. S. Forest Service, and/or surrounding fire
agencies; and, 3) Reducing the threat of wildland/suburban interface fire.
Prior to conducting the burns, the Fire Department routinely sends out a letter of agreement to
each of the private property owners within the burn areas asking their permission to conduct
prescribed/training burns on their property. The letter stipulates that the City will accept
responsibility for any liability arising out of the burn project.
The Fire Department may conduct training/vegetation management burn projects each year; the
Fire Department is requesting that the attached Prescribed Burn and/or Training Project
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 2 years. Hence, the Fire Department will, every two years, resubmit the
Agreement for Common Council review and approval.
City Attorney Review:
Supporting Documents:
reso 2638 (PDF)
Prescribed Burn And-Or Training Project Agreement Exhibit A (PDF)
Updated: 8/15/2013 by Norma Camarena Packet Pg. 18
1 RESOLUTION NO. 7
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED
3 FOR GAINING THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR
4 PROPERTY FOR THE PURPOSE OF CONDUCTING PRESCRIBED AND/OR
STRUCTURAL TRAINING BURNS.
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WHEREAS, the City of San Bernardino has historically suffered the loss of lives,
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7 homes and property due to wildland fires spreading into its northern wildland-urban
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8 interface; and a,
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9 WHEREAS, current conditions including vegetation growth, climate and topography
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combine to make the potential for another local-area wildland fire extremely high; and
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WHEREAS, for public safety reasons, the City must, on occasion, implement and
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conduct prescribed and/or structural training burns throughout the City; and 0
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14 WHEREAS, as set forth in Section 10 of the City's General Plan, the controlled burn a
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15 process must be used to control the accumulation of dead vegetation material that is easily
16 ignited and spreads fire faster than newer growth; and
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WHEREAS, the City must gain the permission of property owners to enter their
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property for the purpose of conducting prescribed and/or structural training burns; and
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20 WHEREAS, the gaining of such permission from property owners is facilitated by M
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21 having the City indemnify and hold property owners harmless against liability for damages U)
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22 that may arise out of the performance of prescribed vegetation management and/or d
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structural training burns; and
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25 WHEREAS, a standard agreement would facilitate the timely conduct of routine
26 wildland fire training and/or special vegetation management and/or other program burns.
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Packet Pg. 19
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED
FOR GAINING THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR
3 PROPERTY FOR THE PURPOSE OF CONDUCTING PRESCRIBED AND/OR
4 STRUCTURAL TRAINING BURNS.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Fire Chief of the City of San Bernardino is hereby authorized and a
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directed to execute, on behalf of the City of San Bernardino, Prescribed Burn and/or
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Training Project Agreements to obtain permission from property owners before initiating o
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11 prescribed vegetation management and/or structural training burns on such owners' a
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12 property located within the City of San Bernardino. A copy of the Prescribed Burn and/or
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Training Project Agreement is attached hereto as Exhibit "A" and incorporated herein by N
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reference as though fully set forth at length. a
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SECTION 2. Prior to obtaining permission of the property owner as set forth in =
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17 Section 1, the Fire Chief shall obtain and attach to the Prescribed Burn and/or. Training c
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18 Project Agreement verification of property ownership (e.g., copy of grant deed, title report 00
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19 or other proof). N
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ECTION 3. The authorization to execute the above referenced agreement is valid N
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from July 1,2013 through June 30, 2015.
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5.C.a
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR
GAINING THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR
3 PROPERTY FOR THE PURPOSE OF CONDUCTING PRESCRIBED AND/OR
4 STRUCTURAL TRAINING BURNS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a meeting as
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8 thereof,held on the day of , 2013, by the following vote,to wit: .9
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Council Members: AYES NAYS ABSTAIN ABSENT o
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11 MARQUEZ
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12 JENKINS m'
13 VALDIVIA
14 SHORETT a.
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KELLEY
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JOHNSON
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18 MCCAMMACK a
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Georgeann Hanna, City Clerk i•°,
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The foregoing resolution is hereby approved this day of , 2013.
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24 Patrick J. Morris, Mayor a
City of San Bernardino
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Approved as to form:
26 JAMES F. PENMAN,
Z7 City Attorney
28 By:
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5.C.b
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 o
hereinafter referred to as "PROPERTY OWNER", and is intended to provide for a
site preparation, prescribed burning, and necessary follow-up activities of an area
owned and controlled by PROPERTY OWNER. 0°
WHEREAS PROPERTY OWNER certifies that he/she/they own property
or properties that is/are located within the proposed burn area delineated on a
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map incorporated within the City of San Bernardino and County of San
Bernardino upon Assessor's parcel numbers
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and
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WHEREAS verification of property ownership is attached hereto and
property owner:certifies that>there:Js*..no`ans.urance, mortgage and/or lien's dtl.=the
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WHEREAS CITY has determined that (Mark all boxes that apply): w
CHECK BOX TO BE USED FOR WILDLAND BURN INTERFACE AREA
The anticipated public benefit from the proposed PROJECT will
exceed the foreseeable damage in that the City of San a
Bernardino has historically suffered the loss of lives, homes, and
property due to wildland fires spreading into its northern 2
wildland-burn interface and current conditions including 0-
vegetation growth, climate and topography combine to make the
potential for another local-area wildland fire extremely high
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AND/OR: o
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CHECK BOX TO BE USED FOR AREAS OTHER THAN WILDLAND BURN a
INTERFACE L
The proposed PROJECT wilt for public safety reasons, provide
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reasonable solution to what otherwise may prove to be an
ongoing problem requiring mitigation efforts; and that a need y
exists to implement and execute a Prescribed and/or Structural
Training Burn on or around the above-referenced property and/or a
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 proposed burn and/or U
training area. a
Packet Pg. 22
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PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE 2OF3
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NOW, THEREFORE, IT IS MUTUALLY AGREED:
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1. PROPERTY OWNER hereby authorizes the CITY and assisting
agencies (California Department of Forestry, United States Forest a
Service and/or surrounding fire agencies) to conduct prescribed 3
and/or training burns on the above-referenced property or 00
properties that is/are located within the proposed burn area. Q
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2. The term of this Agreement shall commence on the above date and
will terminate upon satisfactory completion of the prescribed burn, a
but in no event will the term of this Agreement exceed one year.
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3. The CITY agrees to indemnify and hold harmless the PROPERTY
OWNER against liability for damages and injuries arising out of the o
performance of this Agreement, but excluding such liability for a
damages and injuries to persons or property arising from the
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negligence or willful misconduct of the owner(s) of the subject W
property, and/or the officers, agents, and employees of such
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4. PROPERTY`:OWNER certifies that there is h6 it $urance polioy,., w
the property:°and that there:.... no mortgage avid/or..'I�en -on the w
PROPERTY OWNER a rees <ta i:hdemn': and hold
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harmless the.CITY'from any claim by any insurance company,..trust;
deed/mortgage.holde"nd/or lien holder on the property: a
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5. This Agreement and the Prescribed Burn Plan represent the entire o
contract between CITY and PROPERTY OWNER. The project a
described within the Prescribed and/or Training Burn Plan may
incorporate several independent agreements with PROPERTY
OWNERs and/or agencies. This Agreement may be amended at
any time by mutual consent in writing. It may be canceled by either 0
party after giving thirty (30) days advance notice. In the event c
PROPERTY OWNER unilaterally terminates this Agreement, a
PROPERTY OWNER shall be responsible for all planning and site
preparation costs incurred by CITY prior to termination. m
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6. All notices hereinafter required shall be made to the parties as L
follows: n-
On behalf of CITY: On behalf of PROPERTY OWNER: E
Fire Chief U
CITY OF SAN BERNARDINO a
FIRE DEPARTMENT
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5.C.b
200 East 3�a Street
San Bernardino, CA 92410
(909) 384-5286
7. AIFdod-Urn nts`suppdrting this agreement shall:tie-.reuiewe i.:by.the ,`
Gity'Atterney's Office prior'to execution of#16-6 Mbythe o
CITY. This agreement shall not be valid unless signed bythe City
Attorney:or-bis/herdesignee. a
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PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE 3OF3
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IN WITNESS WHEREOF, this Agreement has been executed by the parties
hereto, upon the date first above written. o
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CITY OF SAN BERNARDINO PROPERTY OWNER 3
FIRE DEPARTMENT 00
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By: By:
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APPROVED AS TO FORM: n
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James F. Penman, City Attorney � a
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