HomeMy WebLinkAbout2004-3282
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RESOLUTION NO. 2004-328
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.
WHEREAS, the City of San Bernardino has historically suffered the loss of lives, homes and
property due to wildland fires spreading into its northern wildland-urban interface; and
WHEREAS, current conditions including vegetation growth, climate and topography combine
to make the potential and/or structural training burns throughout the City; and
WHEREAS, paragraph I15.1f of the City's General Plan states that "Wildland fuel
management measures should include... prescribed burning..."; and
WHEREAS, the City must gain the permission of property owners to enter their property for
the purposes of conducting prescribed and/or structural training burns; and
WHEREAS, the gaining of such permission from property owners is facilitated by having the
City indemnify and hold property owners harmless against liability for damages that may arise out of
the performance of prescribed vegetation management and/or structural training 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.
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 Project
Agreements to obtain permission from property owners before initiating prescribed vegetation
management and/or structural training burns on such owners' property located within the City of San
Bernardino. A copy of the Prescribed Burn and/or Training Project Agreement is attached 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 valid from
November 1, 2004 through October 30, 2005.
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2004-328
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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.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a jt. reg. meeting thereof, held on the
18th day of October 2004, by the following vote, to wit:
Council Members AYES
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY
KELLEY x
JOHNSON x
MCCAMMACK x
NAYS ABSTAIN ABSENT
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this I% iiw day of October , 2004.
Approved as to form
and legal content:
James F. Penman
City Attorney
By: i%Niw�
2
San Bernardino
x
2004-328 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 "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 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 training area.
NOW, THEREFORE, IT IS MUTUALLY AGREED:
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.
2004-328
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE 2 OF 2
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:
Fire Chief Larry R. Pitzer
CITY OF SAN BERNARDINO
FIRE DEPARTMENT
200 East 3rd Street
San Bernardino, CA 92410
(909) 384-5286
On behalf of COOPERATOR:
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: