HomeMy WebLinkAbout2007-179
RESOLUTION NO. 2007-179
RESOLUTION OF THE MAYOR AND COMMON COUNCIL 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 AND/OR STRUCTURAL
TRAINING BURNS.
WHEREAS, 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
WHEREAS, current conditions including vegetation growth, climate and topography
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 and conduct
prescribed and/or structural training bums throughout the City; and
WHEREAS, paragraph 115.1f of the City's General Plan states that "Wildland fuel
management measures should include... prescribed burning... "; and
WHEREAS, the City must gain the permission of property owners to enter their property
for the purposes of conducting prescribed and/or structural training burns; and
WHEREAS, the gaining of such permission from property owners is facilitated by having
the City indemnify and hold property owners harmless against liability for damages that may
arise out of the performance of prescribed vegetation management and/or structural training
burns; and
WHEREAS, a standard agreement would facilitate the timely conduct of routine wildland
fire training and/or special vegetation management and/or other program bums.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Fire Chief of the City of San Bernardino is hereby authorized and
directed to execute, on behalf of the City of San Bernardino, Prescribed Burn and/or Training
Project Agreements to obtain permission from property owners before initiating prescribed
vegetation management and/or structural training burns on such owners' property located within
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR
2 GAINING THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR PROPERTY
FOR THE PURPOSES OF CONDUCTING PRESCRIBED ANDIOR STRUCTURAL
3 TRAINING BURNS.
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the City of San Bernardino. A copy of the Prescribed Bum and/or Training Project Agreement is
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attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth at
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length.
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SECTION 2. The authorization to execute the above referenced agreement is valid from
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June 11,2007 through June 30, 2009.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL 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 AND/OR STRUCTURAL
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 Bernardino at a i oint regular meeting thereof, held on the
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4th day of June
,2007, by the following vote, to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
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Rachel G. Clark, City Clerk
City of San Bernardino
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The foregoing Resolution is hereby approved this 1 day of June ,2007.
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Approved as to form:
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26 JAMES F. PENMAN, City Attorney
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Exhibit "A"
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
WHEREAS COOPERATOR certifies that he/she/they own property or properties that is/are
located within the proposed bum 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-bum interface and
current conditions including vegetation growth, climate and topography
combine to make the potential for another local-area wildland fire
extremely high
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 Structural Training Bum 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 bum and/or training area.
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE 2 OF 3
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 bums on the above-referenced
property or properties that is/are located within the proposed bum area.
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 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).
4. This Agreement and the Prescribed Bum Plan represent the entire contract between
CITY and COOPERATOR. The project described within the Prescribed and/or
Training Bum 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. COOPERATOR understands that this Agreement does not become effective until it
is approved by the Mayor and Common Council and that the right to indemnification
pursuant to Paragraph 3 does not arise until such approval has occurred.
6. All notices hereinafter required shall be made to the parties as follows:
On behalf of CITY:
Fire Chief Michael J. Conrad
CITY OF SAN BERNARDINO
FIRE DEPARTMENT
200 East 3rd Street
San Bernardino, CA 92410
(909) 384-5286
On behalf of COOPERATOR:
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
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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:
Date:
COOPERATOR
By:
Date:
APPROVED AS TO FORM:
James F. Penman, City Attorney
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