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Home My WebLink About2001-071 1 2 RESOLUTION NO. 2001-71 3 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STANDA AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCE OWNERS TO ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTIN PRESCRIBED ANDIOR TRAINING BURNS 4 5 6 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 7 8 WHEREAS, current conditions including vegetation growth, climate and topograph combine to make the potential for another local-area wildland fire extremely high; and 9 10 WHEREAS, for public safety reasons, the City must, on occasion, implement an 11 conduct prescribed and/or training burns throughout the City; and 12 13 WHEREAS, paragraph U5.If of the City's General Plan states that "Wildland fue management measures should include... prescribed burning... "; and 14 15 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 16 17 WHEREAS, the gaining of such permission from property owners is facilitated by havin 18 the City indemnify and hold property owners harmless against liability for damages that ma 19 arise out of the performance of prescribed vegetation management and/or training burns; and 20 21 WHEREAS, a standard agreement would facilitate the timely conduct of routine wildlan fire training and/or special vegetation management and/or other program burns. 22 23 IIII IIII IIII IIII IIII IIII 24 25 26 27 28 -1- 2001-71 I RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STANDA 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 2 3 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA BERNARDINO AS FOLLOWS: 5 6 SECTION 1. The Fire Chief of the City of San Bernardino is hereby authorized an 7 directed to execute, on behalf of the City of San Bernardino, Prescribed Burn and/or Trainin 8 Project Agreements to obtain permission from property owners before initiating prescribe 9 vegetation management and/or training burns on such owners' property located within the City 0 10 San Bernardino. A copy of the Prescribed Burn and/or Training Project Agreement is attache 11 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 12 13 from May 1,2001 through April 30, 2002. 14 IIII 15 IIII 16 IIII 17 IIII 18 IIII 19 IIII 20 IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 IIII 28 IIII IIII -2- 2001-71 I 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 ANDIOR TRAINING BURNS 2 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint reg. meeting thereof, held on the 5 6 16th day of April ,2001, by the following vote, to wit: 7 8 COUNCILMEMBERS: ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MC CAMMACK AYES NAYS ABSTAIN ABSENT x x x x x x x 9 10 11 12 13 14 15 16 a~~ Rkehel Clark, City Clerk 17 18 19 20 21 The foregoing resolution is hereby approved this 1"""- . day of April ,2001. 23 Approved as to form and legal content: 22 -e-Y- ales, Mayor San Bernardino 24 JAMES F. PENMAN, City Attorney 25 26 27 /1 ,;./~ 3 28 2001-71 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 hiah 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 andlor Training Burn on or around the above-referenced property and/or properties, to include structure(s), vacant parcel(s), andlor unimproved parcel(s) whose parcel number(s) have been determined to be located within the proposed burn andlor trainina 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. 2001-71 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, andlor 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 andlor 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 Date: By: COOPERATOR By: Date: