HomeMy WebLinkAbout1999-069
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RESOLUTION NO. 1999-69
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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
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WHEREAS,
the City of San Bernardino has historically
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suffered the loss of lives, homes and property due to wildland
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fires spreading into its northern wildland-urban interface; and
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WHEREAS, current conditions including vegetation growth,
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climate and topography combine to make the potential for another
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local-area wildland fire extremely high; and
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WHEREAS, for public safety reasons, the City must, on
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occasion, implement and conduct prescribed andlor training burns
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throughout the City; and
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WHEREAS, paragraph 115.1f of the City'S General Plan states
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that "Wildland fuel management measures should include...
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prescribed burning..."; and
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WHEREAS, the City must gain the permission of property
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owners to enter their property for the purposes of conducting
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prescribed andlor training burns; and
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WHEREAS, the gaining of such p~rmission from property
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owners is facilitated by having the City indemnify and hold
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property owners harmless against liability for damages that may
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arise out of the performance of prescribed vegetation management
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andlor training burns; and
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IIIII
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Res 1999-69
1
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
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WHEREAS, a standard agreement would facilitate the timely
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conduct of routine wildland fire training andlor special
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vegetation management andlor other program burns.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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OF SAN BERNARDINO AS FOLLOWS,
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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 andlor Training Project
13 Agreements to obtain permission from property owners before
14 initiating prescribed vegetation management andlor training
15 burns on such owners' property located within the City of San
16 Bernardino. A copy of the Prescribed Burn andlor Training
17 Project Agreement is attached hereto as Exhibit "A" and
18 incorporated herein by reference as though fully set forth at
19 length.
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SECTION 2.
The authorization to execute the above
21 referenced agreements is valid from April 19, 1999 through April
22 18, 2000.
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IIIII
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Res 1999-69
1
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
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at a ioint regular meeting thereof, held on the
19th
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day of
199 9
by the following vote, to wit:
April
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COUNCILMEMBERS
AYES
NAYS
ABSTAIN
ABSENT
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10 ESTRADA
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12 LIEN
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McGINNIS
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15
SCHNETZ
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17 DEVLIN
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19 ANDERSON
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x
MILLER
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The foregoing resolution is hereby approved this ~\s~ day
April ,19 99
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of
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Esther R. Estrada
Mayor Pro Tempore
City of San Bernardino
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Approved as to form
and legal content:
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JAMES F. PENMAN
City A Y
guh.j;~
Rachel Clark
City Clerk .
_ 3 _ t}j .)())I(}!MJrwb~ D~
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By:
Res 1999-69
SAMPLE ONLY
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
d entered into this day
of ,19_, by and been the City of San Bernardino through
its Fire Chief, (he inafter referred to as 'CITY"), and
hereinafter referred t as "COOPERATOR', and is intended to provide for site
reparation, prescribe burning, and necess follow-up activities of an area
o ned and controlled b COOPERATOR.
she/they own or control
prope or properties that is/ e located within the oposed burn area
delineat d on a map incorpora d within the City of S n Bernardino and County
of San Be ardino upon Assess s parcel numbers
; and
WHEREAS
the proposed PROJ
TY has determined tH t the anticipated pub' benefit from
T (Mark all boxes tha apply):
CHECK BOX TO BE ED FOR WILDLAN BURN INTERFACE REA
Will excee the foreseeable dam e in that the City of an
Bernardino as historically suffere the loss of lives, ho s, and
property due wildland fires sprea g into its northern
wildland-burn i erface and current co ditions including
vegetation growt climate and topogra y combine to make e
otential for anoth local-area wildland I extremel hi h
AND/OR:
CHECK BOX TO BE USED FOR AREAS HER THAN WILDLAND RN INTERFACE
Will, for public safety reaso s, provide a reasona solution to
what otherwise may prove t e an ongoing proble requiring
mitigation efforts; and that a n ed exists to implemen and
execute a Prescribed and/or Tr 'ning Burn on or aroun the
above-referenced property and/o roperties, to include
structure(s), vacant parcel(s), and/ unimproved parcel(s
whose parcel number(s) have been termined to be locate
within the ro osed burn and/or traini area.
NOW, THEREFORE, IT IS MUTUALLY AGREED:
1. COOPERATOR hereby authorizes the CITY an assisting agencies
(California Department of Forestry, United States orest Service
and/or surrounding fire agencies) to conduct presc' ed and/or
training burns on the above-referenced property or p operties that
is/are located within the proposed burn area.
Exhibit "A"
SAMPLE
ONLY
. .'
Res 1999-69
SAMPLY ONLY
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 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.
SAMPLE
ONLY
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
IN WITNESS WHEREOF, this Agreement has been executed by
hereto, upon the date first above written.
CITY OF SA
By:
COOPERATOR
By: