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HomeMy WebLinkAbout21-Fire Department 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' v.:;J. ~ DO~ - (, t=' IOlnJD6 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. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. IIII :ti ;2.1 I () (r7 / n< .' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ,.., 9- /. I I' . . U ~~ '~ ? .. 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: