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HomeMy WebLinkAbout1997-119 1 RESOLUTION NO. 97-119 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 ANDIOR PRESCRIBED VEGETATION MANAGEMENT BURNS 4 WHEREAS, the City of San Bernardino has historically suffered 5 the loss of lives, homes and property due to wildland fires 6 spreading into its northern wildland-urban interface; and 7 WHEREAS, current conditions including vegetation growth, 8 climate and topography combine to make the potential for another 9 local-area wildland fire extremely high; and 10 WHEREAS, paragraph 115.1f of the City's General Plan states 11 that "Wildland fuel management measures should include 12 prescribed burning ..."; and 13 WHEREAS, the City must gain the permission of property owners 14 to enter their property for the purposes of conducting prescribed 15 vegetation management andlor training burns; and 16 WHEREAS, the gaining of such permission from property owners 17 is facilitated by having the City indemnify and hold property 18 owners harmless against liability for damages that may arise out of 19 the performance of prescribed vegetation management and/or training 20 burns; and 21 WHEREAS, a standard agreement would facilitate the timely 22 conduct of routine wildland fire training andlor special vegetation 23 management program burns. 24 III 25 III 26 III 27 III 28 97-119. 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 ANDIOR PRESCRIBED VEGETATION MANAGEMENT BURNS 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 4 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Fire Chief of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City of 7 San Bernardino, Prescribed Burning Project Agreements to obtain 8 permission from property owners before initiating prescribed 9 vegetation management andlor training burns on such owners' 10 property located within the City of San Bernardino. A copy of the 11 Prescribed Burning Project Agreement is attached hereto as Exhibit 12 "AU and incorporated herein by reference as though fully set forth 13 at length. 14 SECTION 2. The authorization to execute the above referenced 15 agreements 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 is valid from May 1, 1997 through April 30, 1998. ,---- 97-119 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 Bernardino at a joint regulameeting thereof, held on the 5th 6 day of May 7 8 Council Members: 9 NEGRETE 10 CURLIN 11 ARIAS 12 OBERHELMAN 13 DEVLIN , 1997, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x 14 ANDERSON 15 MILLER 16 17 18 19 of May 20 21 x x The foregoing resolution is , 1997 ~-~ City Clerk hereby approved ~his g~ day ~~~~ Tom Minor, Mayor - City of San Bernardino 22 Approved as to form and legal content: 23 25 By: . 24 26 27 28 97.-119 PRESCRIBED BURNING PROJECT AGREEMENT THIS AGREEMENT made and entered into this day of _19_by and between the City of San Bernardino through its Fire Chief, hereinafter 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 Burn Plan for this Project and that this burn area is 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 will exceed the foreseeable damage in that the City of San Bernardino has historically suffered the loss oflives, 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 burns on the above-referenced property as part of the Prescribed Burn Project. 2. The term of this Agreement shall commence on the above date and will terminate upon satisfactory completion ofthe prescribed burning project, 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 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 Burn Plan represent the entire contract between CITY and COOPERATOR. The Project described within the Prescribed Burn 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 EXHIBIT wAW ,---- 97-119 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 3 rd Street San Bernardino, CA 92410 (909) 384-5286 As to 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: Dated: COOPERATOR By: Dated: **NOTE: This is a standard agreement used as an example for reference purposes only. Does not need to be executed. Eileen Gomez