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HomeMy WebLinkAbout2000-170 1 2 ,. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-170 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 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 WHEREAS, current conditions including vegetation growth, climate and topograph combine to make the potential for another local-area wildland fire extremely high; and WHEREAS, for public safety reasons, the City must, on occasion, implement an conduct prescribed and/or training bums throughout the City; and WHEREAS, paragraph IIS.If of the City's General Plan states that "Wildland fue management measures should include... prescribed burning..."; and WHEREAS, the City must gain the permission of property owners to enter their propert for the purposes of conducting prescribed and/or training bums; and WHEREAS, the gaining of such permission from property owners is facilitated by havin the City indemnify and hold property owners harmless against liability for damages that ma arise out of the performance of prescribed vegetation management and/or training bums; and WHEREAS, a standard agreement would facilitate the timely conduct of routine wildlan fire training and/or special vegetation management and/or other program bums. IIII IIII IIII IIII IIII IIII -1- 2000-170 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STANDAR AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCE OWNERS TO ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTING 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 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 11 12 13 from June 19, 2000 through June 19, 2001. 14 IIII IIII IIII IIII IIII IIII IIII IIII IIII 15 16 17 18 19 20 21 22 23 IIII 24 IIII IIII IIII IIII IIII IIII 25 26 27 28 -2- 2000-170 1 2 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 3 4 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor an lloini Common Council of the City of San Bernardino at a egu ar meeting thereof, held on th 19th day of June , 2000, by the following vote, to wit: 7 8 9 COUNCILMEMBERS ESTRADA AYES X NAYS ABSTAIN ABSENT 10 X X X X X X 18 ~ ~ ,~r; CWJc. The foregoing resolution is hereby approved this .23 day of C. 2000. 20 19 21 22 Esther Estrada Mayor Pro Tern 23 Approved as to form and legal content: 24 25 JAMES F. PENMAN City Attorney 26 27 Byt~ Y ~ 28 -3- I i --~ /\ CoPI 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 extremelv 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 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 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. " 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 bum, 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 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 By: COOPERATOR Date: By: Date: '. 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 Dotential for another local-area wildland fire extremelv 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 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 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. '. " 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: 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 By: COOPERATOR Date: By: Date: