HomeMy WebLinkAbout1998-226
1
RESOLUTION NO. 98-226
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STANDARD
AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCEL OWNERS TO
3 ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTING TRAINING AND/OR
PRESCRIBED VEGETATION MANAGEMENT BURNS
4
5
WHEREAS, the City of San Bernardino has historically suffered
6 the loss of lives, homes and property due to wildland fires
7 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 local-area wildland fire extremely high; and
11 WHEREAS, paragraph I15.lf of the City's General Plan states
12 that "Wildland fuel management measures should include
13 prescribed burning ...0; and
14 WHEREAS, the City must gain the permission of property owners
15 to enter their property for the purposes of conducting prescribed
16 vegetation management andlor training burns; and
17 WHEREAS, the gaining of such permission from property owners
18 is facilitated by having the City indemnify and hold property
19 owners harmless against liability for damages that may arise out of
20 the performance of prescribed vegetation management andlor training
21 burns; and
22
WHEREAS, a standard agreement would facilitate the timely
23 conduct of routine wildland fire training andlor special vegetation
24 management program burns.
25 III
26 III
27 III
28 III
98-226
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STANDARD
AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCEL OWNERS TO
2 ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTING TRAINING AND/OR
PRESCRIBED VEGETATION MANAGEMENT BURNS
3
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Fire Chief of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of the City of
8 San Bernardino, Prescribed Burning proj ect Agreements to obtain
9 permission from property owners before initiating prescribed
10 vegetation management andlor training burns on such owners'
11 property located within the City of San Bernardino. A copy of the
12 Prescribed Burning Project Agreement is attached hereto as Exhibit
13 "AU and incorporated herein by reference as though fully set forth
14 at length.
15
SECTION 2.
The authorization to execute the above referenced
16 agreements is valid from July 20, 1998 through August 31, 1998.
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
98-226
, .
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A STANDARD
AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCEL OWNERS TO
2 ENTER THEIR PROPERTY FOR THE PURPOSES OF CONDUCTING TRAINING AND/OR
PRESCRIBED VEGETATION MANAGEMENT BURNS
3
I HEREBY CERTIFY that the foregoing resolution was duly
4
adopted by the Mayor and Common Council of the City of San
5
meeting thereof, held on the 20th
Bernardino at a regular
6
, 1998, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
x
x
~~.~
Ra el G. Clark, City Clerk
19
The foregoing resolution is hereby jPproved this ,~~~day
.luly , 1998
20 of
21 Cl.-(~
alles, Mayor
22 of San Bernardino
23 Approved as to
form and legal content:
24
JAMES F. PENMAN,
25 City ttorney
26 By:
27
28
98~226 . .
t , ... '
, .
PRESCRIBED BURNING PROJECT AGREEMENT
THIS AGREEMENT made and entered into this v~C .ftc day of {]~!t 2-.
_19t,1,'rby and between the City of San Bernardino through its Fire Chief, herelhaftef called CITY,
and
_hereinafter called "COOPERATOR", is intended to provide for site preparation, prescribed
burning, and necessary follow-up activities of an area owned or controlled by COOPERATOR.
WHEREAS COOPERATOR certifies that helshelthey own or control a proposed prescribed
bum area delineated on a map incorporated within the Prescribed Bum Plan for this Project and that
this bum area is within the City of San Bernardino and County of San Bernardino upon Assessor's
parcel numbers
a.TJd;
WHEREAS CITY has determined that the anticipated public benefit from the proposed
project 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-urban
interface and current conditions including vegetation growth, climate and topography combine to
make the potential for another local-area wildland fire extremely high.
NOW THEREFORE, it is mutually agreed:
1.
COOPERATOR hereby authorizes the CITY and assisting agencies (California
Department of Forestry and United States Forest Service) to conduct controlled bums
on the above-referenced property as part of the Prescribed Bum Project.
~
The term of this Agreement shall commence on the above date and will terminate
upon satisfactory completion of the prescribed burning project. but in no event will
the term of this Agreement exceed one year.
,
,-
The CITY agrees to indemnify and hold hannless the COOPERATOR against
liabiliry 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 arising 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 Bum Plan represent the entire contract between
CITY and COOPERATOR. The Project described within the Prescribed Bum Plan
may incorporate several independent agreements with cooperators 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
I
,
.98-22b
, .
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 herein required shall be made to the parties as follows:
As to CITY:
Chief Larry R. Pitzer
CITY OF SAN BERNARDINO
FIRE DEPARTMENT
200 East 3rd Street
San Bernardino, CA 92410
(909) 384-5286
As to Cooperator
U~5 Forest Service
ATTN: Mike Conrad, Deputy Chief
1824 So Commercenter Circle
San Bernardino, CA 92408
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:
~\LC2~
Dated:
~/p IcrB
" J
~----,
/
By:
Dated:
g-',/I-<jT