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HomeMy WebLinkAbout21-Fire Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Michael 1. Conrad, 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. e Dept: Fire Date: May 14, 2007 MCIC Meeting Date: June 4,2007 Synopsis of Previous Council Action: 07/20/98 04/19199 06/19/00 04/16/01 10104/04 e 10/17/05 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. 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. ~1,~ . Signature tf Contact Person: Michael J. Conrad, Fire Chief Phone: (909) 384-5286 Supporting data attached: Staff Report, Resolution. and Agreement Ward: City Wide FUNDING REQUIREMENTS: ttuncil Notes: Amount: Source: $ (Acct No.) (Acct. Description) Finance: ~ )If/07 Agenda Item No. ~ STAFF REPORT e 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: I) 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. e 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 two (2) years. Hence, the Fire Department will, every two years, resubmit the Agreement for Common Council review and approval. FINANCIAL IMPACT: There is no financial impact to the General Fund. RECOMMENDATION: e Adopt resolution. 20 21 22 23 24 25 26 27 28 I RESOLUTION NO. 2 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. 3 4 5 WHEREAS, the City of San Bernardino has historically suffered the loss of lives, homes 6 and property due to wildland fires spreading into its northern wildland-urban interface; and 7 8 WHEREAS, current conditions including vegetation growth, climate and topography 9 combine to make the potential for another local-area wildland fire extremely high; and 10 WHEREAS, for public safety reasons, the City must, on occasion, implement and conduct 11 prescribed and/or structural training burns throughout the City; and 12 WHEREAS, paragraph I15.lf of the City's General Plan states that "Wildland fuel 13 management measures should include... prescribed burning... "; and 14 WHEREAS, the City must gain the permission of property owners to enter their property 15 for the purposes of conducting prescribed and/or structural training burns; and 16 WHEREAS, the gaining of such permission from property owners is facilitated by having 17 the City indemnify and hold property owners harmless against liability for damages that may 18 arise out of the performance of prescribed vegetation management and/or structural training 19 burns; and WHEREAS, a standard agreement would facilitate the timely conduct of routine wildland fire training and/or special vegetation management and/or other program burns. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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 Proj ect Agreements to obtain permission from property owners before initiating prescribed vegetation management and/or structural training burns on such owners' property located within I LfL[) . ~I y, 1-f~1 ' 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR 2 GAINING THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTING PRESCRIBED ANDIOR STRUCTURAL 3 TRAINING BURNS. 4 5 the City of San Bernardino. A copy of the Prescribed Burn and/or Training Project Agreement is 6 attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth at 7 length. 8 SECTION 2. The authorization to execute the above referenced agreement is valid from 9 June 11,2007 through June 30, 2009. 10 IIII IIII 11 12 IIII 13 IIII 14 IIII IS IIII IIII IIII IIII IIII 16 17 18 19 20 IIII 21 IIII 22 IIII IIII IIII IIII IIII 23 24 25 26 27 IIII 28 IIII 2 1 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. 2 3 4 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 meeting thereof, held on the Common Council of the City of San Bernardino at a 7 day of ,2007, by the following vote, to wit: 8 9 NAYS ABSTAIN ABSENT COUNCIL MEMBERS: AYES 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 19 Rachel G. Clark, City Clerk City of San Bernardino 20 21 The foregoing Resolution is hereby approved this ,2007. day of 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to form: 25 26 JAMES F. PENMAN, City Attorney 27 .~ 3 28 Exhibit "A" PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT WHEREAS COOPERATOR certifies that he/she/they own property or properties that is/are located within the proposed bum 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-bum 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 Bum 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 proposed bum and/or training area. PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT PAGE 2 OF 3 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 bums on the above-referenced property or properties that is/are located within the proposed bum area. 2. The term of this Agreement shall commence on the above date and will terminate upon satisfactory completion of the prescribed bum, 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). 4. This Agreement and the Prescribed Bum Plan represent the entire contract between CITY and COOPERATOR. The project described within the Prescribed and/or Training Bum 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. COOPERATOR understands that this Agreement does not become effective until it is approved by the Mayor and Common Council and that the right to indemnification pursuant to Paragraph 3 does not arise until such approval has occurred. 6. All notices hereinafter required shall be made to the parties as follows: On behalf of CITY: Fire Chief Michael J. Conrad CITY OF SAN BERNARDINO FIRE DEPARTMENT 200 East 3rd Street San Bernardino, CA 92410 (909) 384-5286 On behalf of COOPERA TOR: PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT PAGE 3 OF 3 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: Date: COOPERATOR By: Date: APPROVED AS TO FORM: James F. Penman, City Attorney Dyr If.-