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RESOLUTION (ID # 3852) DOC ID: 3852
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Lawrence Waterhouse M/CC Meeting Date: 06/01/2015
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. (#3852)
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 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.
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: 5/26/2015 by Georgeann "Gigi" Hanna Packet Pg. 57
3852
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.
09/03/13 Resolution #2013-253 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 the Mayor and Common
Council review and approval.
City Attorney Review:
Supporting Documents:
Resolution (DOC)
Prescribed Burn-Exhibit A Agreement (DOC)
Updated: 5/26/2015 by Georgeann "Gigi" Hanna Packet Pg. 58
5.G.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR
3 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 interface; d
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8 and a'
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9 WHEREAS, current conditions including vegetation growth, climate and topography L
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10 combine to make the potential for another local-area wildland fire extremely high; and Q
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WHEREAS, for public safety reasons, the City must, on occasion, implement and m
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conduct prescribed and/or structural training burns throughout the City; and
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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
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16 ignited and spreads fire faster than newer growth; and Cn
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17 WHEREAS, the City must gain the permission of property owners to enter their Q
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property for the purpose of conducting prescribed and/or structural training burns; and M
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20 WHEREAS, the gaining of such permission from property owners is facilitated by °
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21 having the City indemnify and hold property owners harmless against liability for damages
22 that may arise out of the performance of prescribed vegetation management and/or structural
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training burns; and
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WHEREAS, a standard agreement would facilitate the timely conduct of routine
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26 wildland fire training and/or special vegetation management and/or other program burns.
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Packet Pg. 59
1 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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3 SECTION 1. The Fire Chief of the City of San Bernardino is hereby authorized and
4 directed to execute, on behalf of the City of San Bernardino, Prescribed Burn and/or Training
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Project Agreements to obtain permission from property owners before initiating prescribed
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7 vegetation management and/or structural training burns on such owners' property located
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8 within the City of San Bernardino. A copy of the Standard Prescribed Burn and/or Training c'
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9 Project Agreement is attached hereto as Exhibit "A" and incorporated herein by reference as L
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10 though fully set forth at length. Q
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SECTION 2. Prior to obtaining permission of the property owner as set forth in Section m
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1, the Fire Chief shall obtain and attach to the Prescribed Burn and/or Training Project
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14 Agreement verification of property ownership (e.g., copy of grant deed, title report or other
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15 proof).
16 SECTION 3. The authorization to execute the above referenced agreement is valid N
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17 from July 1, 2015 through June 30, 2017. Q
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Packet Pg. 60
I 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 PURPOSE OF CONDUCTING PRESCRIBED AND/OR
3 STRUCTURAL TRAINING BURNS.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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6 and Common Council of the City of San Bernardino at a meeting
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thereof, held on the day of , 2015,by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ
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11 BARRIOS
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VALDIVIA
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SHORETT L
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15 NICKEL
16 JOHNSON
17 MULVIHILL
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20 Georgeann Hanna, City Clerk o
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The foregoing Resolution is hereby approved this day of , 2015.
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R. Carey Davis, Mayor
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City of San Bernardino
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Approved as to form:
26 Gary D. Saenz, City Attorney
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28 By:
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Packet Pg. 61
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
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hereinafter referred to as "PROPERTY OWNER", and is intended to provide for Q
site preparation, prescribed burning, and necessary follow-up activities of an area
owned and controlled by PROPERTY OWNER.
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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 Q
Bernardino upon Assessor's parcel numbers
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WHEREAS verification of property ownership is attached hereto and
property owner certifies that there is no insurance, mortgage and/or liens on the
property; and in
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WHEREAS CITY has determined that (Mark all boxes that apply): e
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CHECK BOX TO BE USED FOR WILDLAND BURN INTERFACE AREA 00
The anticipated public benefit from the proposed PROJECT will c°
exceed the foreseeable damage in that the City of San
Bernardino has historically suffered the loss of lives, homes, and E
property due to wildland fires spreading into its northern
wildland-burn interface and current conditions including a
vegetation growth, climate and topography combine to make the Q
potential for another local-area wildland fire extremely high
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AND/OR: E
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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 n
ongoing problem requiring mitigation efforts; and that a need
exists to implement and execute a Prescribed and/or Structural E
Training Burn on or around the above-referenced property and/or U
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
training area.
Packet Pg. 62
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE 2OF3
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
and/or training burns on the above-referenced property or E
properties that is/are located within the proposed burn area.
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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, d
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 y
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). in
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4. PROPERTY OWNER certifies that there is no insurance policy on Q
the property and that there is no mortgage and/or lien on the
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property. PROPERTY OWNER agrees to indemnify and hold LO
harmless the CITY from any claim by any insurance company, trust
deed/mortgage holder and/or lien holder on the property.
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5. This Agreement and the Prescribed Burn Plan represent the entire P
contract between CITY and PROPERTY OWNER. The project a
described within the Prescribed and/or Training Burn Plan may a
incorporate several independent agreements with PROPERTY
OWNERs and/or agencies. This Agreement may be amended at w
any time by mutual consent in writing. It may be canceled by either E
party after giving thirty (30) days advance notice. In the event m
PROPERTY OWNER unilaterally terminates this Agreement,
PROPERTY OWNER shall be responsible for all planning and site
preparation costs incurred by CITY prior to termination. N
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6. All notices hereinafter required shall be made to the parties as
follows:
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On behalf of CITY: On behalf of PROPERTY OWNER: w
Fire Chief Q
CITY OF SAN BERNARDINO
FIRE DEPARTMENT
200 East 3rd Street
2 Packet Pg. 63
San Bernardino, CA 92410
(909) 384-5286
7. All documents supporting this agreement shall be reviewed by the
City Attorney's Office prior to execution of this agreement by the
CITY. This agreement shall not be valid unless signed by the City
Attorney or his/her designee.
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5.G.b
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE 4OF4
IN WITNESS WHEREOF, this Agreement has been executed by the parties
hereto, upon the date first above written.
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CITY OF SAN BERNARDINO PROPERTY OWNER
FIRE DEPARTMENT
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By: By:
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APPROVED AS TO FORM:
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Gary D. Saenz, City Attorney
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