HomeMy WebLinkAbout2009-109
1
RESOLUTION NO. 2009-109
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR
GAINING THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR PROPERTY FOR
4 THE PURPOSES OF CONDUCTING PRESCRIBED AND/OR STRUCTURAL TRAINING
BURNS.
5
6 WHEREAS, the City of San Bernardino has historically suffered the loss oflives, homes and
7 property due to wildland fires spreading into its northern wildland-urban interface; and
8 WHEREAS, current conditions including vegetation growth, climate and topography combine
9 to make the potential for another local-area wildland fire extremely high; and
10 WHEREAS, for public safety reasons, the City must, on occasion, implement and conduct
11 prescribed and/or structural training bums throughout the City; and
12 WHEREAS, as set forth in Section 10 of the City's General Plan, the controlled bum process
13 must be used to control the accumulation of dead vegetation material that is easily ignited and
14 spreads fire faster than newer growth; and
15 WHEREAS, the City must gain the permission of property owners to enter their property for
16 the purposes of conducting prescribed and/or structural training bums; and
17 WHEREAS, the gaining of such permission from property owners is facilitated by having the
18 City indemnify and hold property owners harmless against liability for damages that may arise out of
19 the performance of prescribed vegetation management and/or structural training bums; and
20 WHEREAS, a standard agreement would facilitate the timely conduct of routine wildland fire
21 training and/or special vegetation management and/or other program bums.
22
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
23 SAN BERNARDINO AS FOLLOWS:
24
SECTION I.
The Fire Chief of the City of San Bernardino is hereby authorized and
25 directed to execute, on behalf of the City of San Bernardino, Prescribed Bum and/or Training Project
26 Agreements to obtain permission from property owners before initiating prescribed vegetation
27 management and/or structural training bums on such owners' property located within the City of San
28 Bernardino. A copy of the Prescribed Bum and/or Training Project Agreement is attached hereto as
1.
2009-109
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR GAINING
THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR PROPERTY FOR THE
3 PURPOSES OF CONDUCTING PRESCRIBED AND/OR STRUCTURAL TRAINING
BURNS.
4
5 Exhibit "A" and incorporated herein by reference as though fully set forth at length.
6
SECTION 2.
Prior to obtaining permission of the property owner as set forth in Section
7 1, the Fire Chief shall obtain and attach to the Prescribed Bum and/or Training Project Agreement
8 verification of property ownership (e.g., copy of grant deed, title report or other proof).
9
SECTION 3.
The authorization to execute the above referenced agreement is valid from
10 June 30, 2009 through June 30, 2011.
11 / / I
12 III
13 III
14 III
15 III
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 III
2.
2009-109
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR GAINING
THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR PROPERTY FOR THE
3 PURPOSES OF CONDUCTING PRESCRIBED AND/OR STRUCTURAL TRAINING
BURNS.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
6 Common Council of the City of San Bernardino at a regular meeting thereof, held on the4th
7 day of M~y
8 COUNCIL MEMBERS:
9 ESTRADA
10 BAXTER
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15 MC CAMMACK
16
17
18
, 2009, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
x
x
Q~h.~
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this S h.'-day of May
,2009.
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20
21
22
23 Approved as to form:
24 JAMES F. PENMAN,
City Attorney
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26
f.~
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3.
2009-109
EXHIBIT "An
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 "PROPERTY OWNER", and is intended to provide for
site preparation, prescribed burning, and necessary follow-up activities of an area
owned and controlled by PROPERTY OWNER.
WHEREAS PROPERTY OWNER certifies that he/she/they own 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 verification of property ownership is attached hereto; and
WHEREAS CITY has determined that (Mark all boxes that apply):
CHECK BOX TO BE USED FOR WILDLAND BURN INTERFACE AREA
The anticipated public benefit from 1he 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-burn interface and current conditions including
vegetation growth, climate and topography combine to make the
potential for another local-area wildland fire extremely hiqh
AND/OR:
CHECK BOX TO BE USED FOR AREAS OTHER THAN WILDLAND BURN
INTERFACE
The proposed PROJECT 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 Burn on or around the above-referenced property and/or
properties, to include struc1ure(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
traininq area.
2009-109
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE 2 OF 3
NOW, THEREFORE, IT IS MUTUALLY AGREED:
1. PROPERTY OWNER hereby authorizes the CITY and assisting
agencies (California Department of Forestry, Uni1ed Slates 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.
2. The 1erm of this Agreement shall commence on the above date and
will terminate upon satisfactory completion of the prescribed burn,
bu1 in no event will the term of this Agreement exceed one year.
3. The CITY agrees to indemnify and hold harmless the PROPERTY
OWNER against liability for damages and injuries arising out of the
performance of 1his Agreement, but excluding such liability for
damages and injuries to persons or property arising from the
negligence or willful misconduc1 of the owner(s) of the subject
property, and/or the officers, agen1s, and employees of such
owner(s).
4. This Agreement and the Prescribed Burn Plan represent the entire
contrac1 between CITY and PROPERTY OWNER. The project
described within the Prescribed and/or Training Burn Plan may
incorporate several independent agreements with PROPERTY
OWNERs 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
PROPERTY OWNER unilaterally terminates this Agreement,
PROPERTY OWNER 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 Michael J. Conrad
CITY OF SAN BERNARDINO
FIRE DEPARTMENT
200 East 3rd Stree1
San Bernardino, CA 92410
(909) 384-5286
On behalf of PROPERTY OWNER:
2009-109
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE 3 OF 3
IN WITNESS WHEREOF, 1his Agreement has been executed by the parties
hereto, upon the date first above written.
CITY OF SAN BERNARDINO
FIRE DEPARTMENT
PROPERTY OWNER
By:
By:
APPROVED AS TO FORM:
James F. Penman, City Attorney
By:
2009-109
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 "PROPERTY OWNER", and is intended to provide for
site preparation, prescribed burning, and necessary follow-up activities of an area
owned and controlled by PROPERTY OWNER.
WHEREAS PROPERTY OWNER certifies that he/she/they own 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 verification of property ownership is attached hereto; and
WHEREAS CITY has determined that (Mark all boxes that apply):
CHECK BOX TO BE USED FOR WILDLAND BURN INTERFACE AREA
The anticipated public benefit from 1he 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 i1s northern
wildland-burn interface and current conditions including
vegetation growth, climate and 10pography 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
The proposed PROJECT 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
I exists to implement and execute a Prescribed and/or Structural
Training Burn on or around the above-referenced property and/or
properties, to include slructure(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
training area.
2009-109
PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT
PAGE 2 OF 3
NOW, THEREFORE, IT IS MUTUALLY AGREED:
1. PROPERTY OWNER hereby authorizes the CITY and assisting
agencies (California Department of Forestry, Uni1ed S1a1es 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.
2. The term of this Agreemen1 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 PROPERTY
OWNER 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 Agreemen1 and 1he Prescribed Burn Plan represent the entire
con1ract between CITY and PROPERTY OWNER. The project
described within the Prescribed and/or Training Burn Plan may
incorporate several independent agreements with PROPERTY
OWNERs and/or agencies. This Agreemen1 may be amended at
any time by mu1ual consent in wri1ing. It may be canceled by either
party after giving thirty (30) days advance notice. In the event
PROPERTY OWNER unilaterally termina1es this Agreement,
PROPERTY OWNER 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 Michael J. Conrad
CITY OF SAN BERNARDINO
FIRE DEPARTMENT
200 East 3rd Street
San Bernardino, CA 92410
(909) 384-5286
On behalf of PROPERTY OWNER:
2009-109
PRESCRIBED BURN ANDIOR TRAINING PROJECT AGREEMENT
PAGE 3 OF 3
IN WITNESS WHEREOF, this Agreement has been executed by the parties
hereto, upon the date first above written.
CITY OF SAN BERNARDINO
FIRE DEPARTMENT
PROPERTY OWNER
By:
By:
APPROVED AS TO FORM:
James F. Penman, City Attorney
Bcr f-&~.-