HomeMy WebLinkAbout16- Fire UITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Larry R. Pitzer 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
Dept: Fire
Date: April 19, 1999
ORIGO'b'Y'AL
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Synopsis of Previous Council Action:
On July 20, 1998 the Mayor and Common Council adopted Resolution 98-226.
RECOMMENDATION:
Adopt Resolution. ZA
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Contact Person: Larry R. Pitzer Phone: (909)384-5286
Supporting data attached: Resolution, Staff Report, & Agreement Ward: City Wide
FUNDING REQUIREMENTS: Amount: 00.00
Source: (ACCT. No)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. Ito
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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 six 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 wild land/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.
CITY OF SAN BERNARDINO FIRE DEPARTMENT
STAFF REPORT
Resolution and Prescribed Burn and/or Training Agreement
Page 2 Of 2
BACKGROUND (continued):
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, prior to the expiration date, resubmit the
Agreement for Common Council review and approval.
FINANCIAL IMPACT:
None
RECOMMENDATION:
Adopt resolution.
031PT
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STANDARD
3 AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCEL OWNERS
TO ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTING
4 PRESCRIBED AND/OR TRAINING BURNS
5 WHEREAS, the City of San Bernardino has historically
6 suffered the loss of lives, homes and property due to wildland
7
fires spreading into its northern wildland-urban interface; and
8
WHEREAS, current conditions including vegetation growth,
9
climate and topography combine to make the potential for another
10
11 local-area wildland fire extremely high; and
12 WHEREAS, for public safety reasons, the City must , on
13 occasion, implement and conduct prescribed and/or training burns
14 throughout the City; and
15 WHEREAS , paragraph I15 . 1f of the City' s General Plan states
16
that "Wildland fuel management measures should include...
17
_prescribed burning..." ; and
18
WHEREAS , the City must gain the permission of property
20 owners to enter their property for the purposes of conducting
21 prescribed and/or training burns ; and
22 WHEREAS, the gaining of such permission from property
23
owners is facilitated by having the City indemnify and hold
24
property owners harmless against liability for damages that may
25
arise out of the performance of prescribed vegetation management
26
27 and/or training burns ; and
28
L,
/99
-1-
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STANDARD
AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCEL OWNERS
2 TO ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTING
3 PRESCRIBED AND/OR TRAINING BURNS
4
WHEREAS, a standard agreement would facilitate the timely
5
conduct of routine wildland fire training and/or special
6
7 vegetation management and/or other program burns .
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
9 OF SAN BERNARDINO AS FOLLOWS:
10 SECTION 1 . The Fire Chief of the City of San Bernardino
11 is hereby authorized and directed to execute, on behalf of the
12 City of San Bernardino, Prescribed Burn and/or Training Project
13 Agreements to obtain permission from property owners before
14 initiating prescribed vegetation management and/or training
15 burns on such owners ' property located within the City of San
16 Bernardino . A copy of the Prescribed Burn and/or Training
17 Project Agreement is attached hereto as Exhibit "A" and
18 incorporated herein by reference as though fully set forth at
19 length.
20 SECTION 2 . The authorization to execute the above
21 referenced agreements is valid from April 19, 1999 through April
22 18 , 2000 .
23
24
25
26
27
28
-2-
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STANDARD
AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCEL OWNERS
2 TO ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTING
3 PRESCRIBED AND/OR TRAINING BURNS
4 I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of 199 by the following vote, to wit :
8
COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT
9
10 ESTRADA
11
12 LIEN
13
McGINNIS
14
15 SCHNETZ
16
17 DEVLIN
18
19 ANDERSON
20
MILLER
21
The foregoing resolution is hereby approved this day
22 of 19
23
Judith Valles, Mayo
24 City of San Bernardin
25 Approved as to form
and legal content :
26
JAMES F. PENMAN
27 City A o y
28 By:
✓ -3-
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
THIS AGREEMENT is made and entered into this day
of , 19 , 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):
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 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 training 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.
Exhibit "A"
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE 2OF2
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 arising out of the
performance of this Agreement, but excluding such liability for
damages 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 notice of any claim or inquiry as a
result of activities of this Agreement within ten (10) days of receipt
of such claim or inquiry.
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 3`d 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: Date:
COOPERATOR
By: Date: