HomeMy WebLinkAbout16-Fire Department
From:
Dept:
Date:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Michael J. Conrad, Fire Chief
Fire
Subject: Resolution of the City of San a p 1
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.
April 6, 2009
MC/C Meeting Date:
May 4, 2009
Synopsis of Previous Council Action:
07/20/98
04/19/99
06/19/00
04/16/01
10/18/04
10/17/05
06/04/07
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.
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.
~2JlI< (!,.,~~
Signature
Contact Person: Michael J. Conrad. Fire Chief
Phone: (909) 384-5286
Supporting data attached: Staff Report. Resolution. and Agreement
Ward: City Wide
FUNDING REQUIREMENTS:
Council Notes:
Amount:
Source:
$
(Acct No.)
(Accl. Description)
Finance:
HsCJ 2c;;o9- /Iyl
Agenda Item No.JLt
IIr_U..ftill
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 Fire Department conducts 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.
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.
Since the Fire Department conducts several training/vegetation management bum
projects on a routine basis each year. Fire is requesting 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:
Adopt resolution.
I
CC(Q)[P1[
1
RESOLUTION NO. 2009-
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR
GAINING THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR PROPERTY FOR
4 THE PURPOSES OF CONDUCTING PRESCRIBED AND/OR STRUCTURAL TRAINING
BURNS.
5
6 WHEREAS, the City of San Bernardino has historically suffered the loss oflives, homes and
7 property due to wildland fires spreading into its northern wildland-urban interface; ID:ld
8 WHEREAS, current conditions including vegetation growth, climate and topography combine
9 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 bums throughout the City; and
12 WHEREAS, as set forth in Section 10 ofthe City's General Plan, the controlledbum process
13 must be used to control the accumulation of dead vegetation material that is easily ignited and
14 spreads fire faster than newer growth; and
15 WHEREAS, the City must gain the permission of property owners to enter their property for
16 the purposes of conducting prescribed and/or structural training bums; and
17 WHEREAS, the gaining of such permission from property owners is facilitated by having the
18 City indemnify and hold property owners harmless against liability for damages that may arise out of
19 the performance of prescribed vegetation management and/or structural training bums; and
20 WHEREAS, a standard agreement would facilitate the timely conduct of routine wildland fire
21 training and/or special vegetation management and/or other program bums.
22
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
23 SAN BERNARDINO AS FOLLOWS:
24
SECTION 1.
The Fire Chief of the City of San Bernardino is hereby authorized and
25 directed to execute, on behalf ofthe City of San Bernardino, Prescribed Bum and/or Training Project
26 Agreements to obtain permission from property owners before initiating prescribed vegetation
27 management and/or structural training bums on such owners' property located within the City of San
28 Bernardino. A copy of the Prescribed Bum and/or Training Project Agreement is attached hereto as
5- Lf- 09
#:/6
1.
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR GAINING
THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR PROPERTY FOR THE
3 PURPOSES OF CONDUCTING PRESCRIBED AND/OR STRUCTURAL TRAINING
BURNS.
4
5 Exhibit "A" and incorporated herein by reference as though fully set forth at length.
6
SECTION 2.
Prior to obtaining permission of the property owner as set forth in Section
7 ], the Fire Chief shall obtain and attach to the Prescribed Burn and/or Training Project Agreement
8 verification of property ownership (e.g., copy of grant deed, title report or other proof).
9
SECTION 3.
The authorization to execute the above referenced agreement is valid from
10 June 30, 2009 through June 30, 20] 1.
11 / / /
12 11/
13 11/
14 11/
15 11/
16 11/
17 11/
18 /11
19 11/
20 11/
21 11/
22 /11
23 11/
24 11/
25 11/
26 11/
27 11/
28 11/
2
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR GAINING
THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR PROPERTY FOR THE
3 PURPOSES OF CONDUCTING PRESCRIBED AND/OR STRUCTURAL TRAINING
BURNS.
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
meeting thereof, held on the _
7 day of
8 COUNCIL MEMBERS:
9 ESTRADA
10 BAXTER
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15 MC CAMMACK
16
17
18
,2009, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
Rachel Clark, City Clerk
19
The foregoing Resolution is hereby approved this _ day of
,2009.
20
21
22
PATRICKJ. MORRIS, Mayor
City of San Bernardino
23
Approved as to form:
24
JAMES F. PENMAN,
City Attorney
25
26
f.~
27
28
3.
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 "PROPERTY OWNER", and is intended to provide for
site preparation, prescribed burning, and necessary follow-up activities of an area
owned and controlled by PROPERTY OWNER.
WHEREAS PROPERTY OWNER 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 verification of property ownership is attached hereto; and
WHEREAS CITY has determined that (Mark all boxes that apply):
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
Bernardino has historically suffered the loss of lives, homes, and
property due to wildland fires spreading into its northern
wildland-burn interface and cu rrent conditions including
vegetation growth, climate and topography combine to make the
potential for another local-area wildland fire extremelv hioh
AND/OR:
CHECK BOX TO BE USED FOR AREAS OTHER THAN WILDLAND BURN
INTERFACE
The proposed PROJECT 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 proposed burn and/or
trainino area.
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE 2 OF 3
NOW, THEREFORE, IT IS MUTUALLY AGREED:
1. PROPERTY OWNER 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.
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 PROPERTY
OWNER 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 Burn Plan represent the entire
contract between CITY and PROPERTY OWNER. The project
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
party after giving thirty (30) days advance notice. In the event
PROPERTY OWNER unilaterally terminates this Agreement,
PROPERTY OWNER 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 PROPERTY OWNER:
Fire Chief Michael J. Conrad
CITY OF SAN BERNARDINO
FIRE DEPARTMENT
200 East 3rd Street
San Bernardino, CA 92410
(909) 384-5286
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
PROPERTY OWNER
By:
By:
APPROVED AS TO FORM:
James F. Penman, City Attorney
By:
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 "PROPERTY OWNER", and is intended to provide for
site preparation, prescribed burning, and necessary follow-up activities of an area
owned and controlled by PROPERTY OWNER.
WHEREAS PROPERTY OWNER 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 verification of property ownership is attached hereto; and
WHEREAS CITY has determined that (Mark all boxes that apply):
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
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 extremelv hiqh
AND/OR:
CHECK BOX TO BE USED FOR AREAS OTHER THAN WILDLAND BURN
INTERFACE
The proposed PROJECT 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 proposed burn and/or
traininq area.
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE 2 OF 3
NOW, THEREFORE, IT IS MUTUALLY AGREED:
1. PROPERTY OWNER 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.
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 PROPERTY
OWNER 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 Burn Plan represent the entire
contract between CITY and PROPERTY OWNER. The project
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
party after giving thirty (30) days advance notice. In the event
PROPERTY OWNER unilaterally terminates this Agreement,
PROPERTY OWNER 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 PROPERTY OWNER:
Fire Chief Michael J. Conrad
CITY OF SAN BERNARDINO
FIRE DEPARTMENT
200 East 3rd Street
San Bernardino, CA 92410
(909) 384-5286
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
PROPERTY OWNER
By:
By:
APPROVED AS TO FORM:
James F. Penman, City Attorney
B(f- fJJ 4..._