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Home My WebLink About2013-253 1 RESOLUTION NO. 2013-253 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED 3 FOR GAINING THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR 4 PROPERTY FOR THE PURPOSE OF CONDUCTING PRESCRIBED AND/OR STRUCTURAL TRAINING BURNS. 5 WHEREAS, the City of San Bernardino has historically suffered the loss of lives, 6 7 homes and property due to wildland fires spreading into its northern wildland-urban 8 interface; and 9 WHEREAS, current conditions including vegetation growth, climate and topography 10 combine to make the potential for another local-area wildland fire extremely high; and 11 WHEREAS, for public safety reasons, the City must, on occasion, implement and 12 conduct prescribed and/or structural training burns throughout the City; and 13 14 WHEREAS, as set forth in Section 10 of the City's General Plan, the controlled burn 15 process must be used to control the accumulation of dead vegetation material that is easily 16 ignited and spreads fire faster than newer growth; and 17 WHEREAS, the City must gain the permission of property owners to enter their 18 property for the purpose of conducting prescribed and/or structural training burns; and 19 20 WHEREAS, the gaining of such permission from property owners is facilitated by 21 having the City indemnify and hold property owners harmless against liability for damages 22 that may arise out of the performance of prescribed vegetation management and/or 23 structural training burns; and 24 WHEREAS, a standard agreement would facilitate the timely conduct of routine 25 26 wildland fire training and/or special vegetation management and/or other program burns. 27 28 2013-253 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR 3 PROPERTY FOR THE PURPOSE OF CONDUCTING PRESCRIBED AND/OR 4 STRUCTURAL TRAINING BURNS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Fire Chief of the City of San Bernardino is hereby authorized and 8 directed to execute, on behalf of the City of San Bernardino, Prescribed Burn and/or 9 Training Project Agreements to obtain permission from property owners before initiating 10 11 prescribed vegetation management and/or structural training burns on such owners' 12 property located within the City of San Bernardino. A copy of the Prescribed Burn and/or 13 Training Project Agreement is attached hereto as Exhibit "A" and incorporated herein by 14 reference as though fully set forth at length. 15 SECTION 2. Prior to obtaining permission of the property owner as set forth in 16 17 Section 1, the Fire Chief shall obtain and attach to the Prescribed Burn and/or Training 18 Project Agreement verification of property ownership (e.g., copy of grant deed, title report 19 or other proof). 20 SECTION 3. The authorization to execute the above referenced agreement is valid 21 from July 1, 2013 through June 30, 2015. 22 23 24 /// 25 /// 26 27 /// 28 /// 2013-253 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO ADOPTING A STANDARD AGREEMENT TO BE USED FOR GAINING THE PERMISSION OF PARCEL OWNERS TO ENTER THEIR 3 PROPERTY FOR THE PURPOSE OF CONDUCTING PRESCRIBED AND/OR 4 STRUCTURAL TRAINING BURNS. 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a joint regular meeting 8 thereof, held on the 3rd day of September , 2013, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 11 MARQUEZ x 12 JENKINS x 13 VALDIVIA x 14 SHORETT X 15 KELLEY x 16 17 JOHNSON x 18 MCCAMMACK x 19 Gam. 20 GeorgeandHanna, City Clerk 21 tt+ The foregoing resolution is hereby approved this 5 day of September , 2013. 22 23 • w• 24 Patrick . Morris, I�po�i • . " San Bernardino 25 Approved as to form: 26 JAMES F. PENMAN, 27 City Attorney 28 BY: 'OC/l 2013-253 PRESCRIBED BURN AND/OR TRAINING PROJECT AGREEMENT THIS AGREEMENT is made and entered into this 3rd day of September , 20 13 , 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 property owner certifies that there is no insurance, mortgage and/or liens on the property; 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 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-burn 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 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 structure(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. 2013-253 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, United States 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 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 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. PROPERTY OWNER certifies that there is no insurance policy on the property and that there is no mortgage and/or lien on the property. PROPERTY OWNER agrees to indemnify and hold harmless the CITY from any claim by any insurance company, trust deed/mortgage holder and/or lien holder on the property. 5. This Agreement and the Prescribed Burn Plan represent the entire contract 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. 6. All notices hereinafter required shall be made to the parties as follows: On behalf of CITY: On behalf of PROPERTY OWNER: Fire Chief CITY OF SAN BERNARDINO FIRE DEPARTMENT 2013-253 200 East 3rd Street San Bernardino, CA 92410 (909) 384-5286 7. All documents supporting this agreement shall be reviewed by the City Attorney's Office prior to execution of this agreement by the CITY. This agreement shall not be valid unless signed by the City Attorney or his/her designee. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2013-253 PRESCRIBED BURN AND/OR 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 PROPERTY OWNER FIRE DEPARTMENT By: By: APPROVED AS TO FORM: James F. Penman, City Attorney By: