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HomeMy WebLinkAbout15-Fire Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Larry R. Pitzer Subject: O"''''''''L t',; .......'I".1i . 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: '111(,101_ I , 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. 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 ~(Q)[?V 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. I111 1111 1111 1111 1111 1111 -1- 1 _ 2 3 4 5 6 7 8 9 10 11 12 13 14 _ 15 16 17 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. 1/1/ 1/1/ 1/1/ 1/1/ 18 1/1/ 19 1/1/ 20 1/1/ 21 1/1/ 22 1/1/ 23 1/1/ 24 1/1/ 25 1/1/ 26 1/1/ 27 1/1/ _28 1/1/ 1/1/ -2- e e e 19 20 21 22 23 24 25 26 27 28 1 2 3 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 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the 6 7 8 day of ,2001, by the following vote, to wit: COUNCILMEMBERS: ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MC CAMMACK AYES NAYS ABSTAIN ABSENT 9 10 11 12 13 14 15 16 17 Rachel Clark, City Clerk 18 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 ~ '! '1 t .;'Gi:.,..~ By: \iA,j~., C 3 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. e e e e .' 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