HomeMy WebLinkAbout10083ORDINANCE NO. 10083
AN ORDINANCE APPROVING THE ASSIGNMENT OF
PRESCRIBED FIRE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, THE FOREST STEWARDS GUILD, AND THE
EMBER ALLIANCE, AND RATIFYING THE MAYOR’S
EXECUTION THEREOF
WHEREAS, the City of Pueblo entered into a Prescribed Fire Memorandum of
Understanding with the Forest Stewards Guild dated March 29, 2021; and
WHEREAS, the Forest Stewards Guild wishes to transfer its burn authority to the Ember
Alliance; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1:
The Assignment of Prescribed Fire Memorandum of Understanding (“MOU”) between the
City of Pueblo, a Municipal Corporation, the Forest Stewards Guild, and the Ember Alliance,
incorporated herein and attached hereto, having been approved as to form by the City Attorney,
is hereby approved.
SECTION 2:
The Mayor’s execution of the MOU is hereby ratified on behalf of the City, and the City
Clerk may affix the Seal of the City thereto and attest the same.
SECTION 3:
The officers and staff of the City are authorized to perform any and all acts consistent with
the intent of this Ordinance and the attached MOU to implement the transactions, policies, and
procedures described herein.
SECTION 4:
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on December 13, 2021.
Final adoption of Ordinance by City Council on December 27, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on December 30, 2021 .
□ Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
Deputy City Clerk
City Clerk’s Office Item # R-10
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: December 13, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, Acting City Clerk
FROM: Steven Meier, Director of Parks and Recreation
SUBJECT: AN ORDINANCE APPROVING THE ASSIGNMENT OF PRESCRIBED
FIRE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, THE FOREST STEWARDS
GUILD, AND THE EMBER ALLIANCE, AND RATIFYING THE MAYOR’S
EXECUTION THEREOF
SUMMARY:
This Ordinance will approve and ratify the Assignment of Prescribed Fire Memorandum of
Understanding (“MOU”) between the City of Pueblo, the Forest Stewards Guild, and the Ember
Alliance, facilitating cooperation between the three parties for wildland fire management at and
around the Pueblo Mountain Park located in Beulah, Colorado.
PREVIOUS COUNCIL ACTION:
On December 11, 2017, City Council approved Resolution No. 13845, approving a Fire
Management Memorandum of Understanding between the City of Pueblo and the Nature
Conservancy. On January 11, 2021, City Council approved Ordinance No. 9859, approving a
Prescribed Fire Memorandum of Understanding between the City of Pueblo and the Forest
Stewards Guild, the Nature Conservancy’s fire management successor, for wildland fire
management at and around the Pueblo Mountain Park.
BACKGROUND:
The Mason Gulch Fire in 2005 raised awareness of the Beulah area’s vulnerability to a large,
watershed-wide wildland fire and led to the 2010 shaded fuel break project in the Pueblo Mountain
Park. Talks with the Nature Conservancy began over a year prior to the Beulah Hill and Junkins
Fires that came close to impacting the Beulah Valley in October 2016. In the year that followed,
then Executive Director of the Mountain Park Environmental Center (MPEC) Jonathan Pilarski
worked with the Nature Conservancy and the City of Pueblo to develop a Memorandum of
Understanding to plan for and conduct prescribed fires in the Park. That agreement was approved
by Resolution on December 11, 2017.
In the Spring of 2020, the Nature Conservancy transferred its fire assets, portfolio, and personnel
to the Forest Stewards Guild, including any proposed work at the Pueblo Mountain Park, whereby
the Nature Conservancy assigned the previously approved agreement to the Guild.
On January 11, 2021, City Council approved Ordinance No. 9859 approving a Prescribed Fire
Memorandum of Understanding between the City of Pueblo and the Forest Stewards Guild for
wildland fire management at and around the Pueblo Mountain Park.
In early October 2021, internal changes within the Forest Stewards Guild organization made it
necessary to transfer all burn authority to the Ember Alliance, a Colorado nonprofit organization,
that works with partners across the country to help create a more fire resilient society through fire
management and community engagement.
Due to ideal weather conditions, a prescribed burn for the Pueblo Mountain Park area is planned
for early December 2021. The Ember Alliance required execution of the MOU assignment prior
to beginning the planned burn, which required the Mayor’s early signature of the document.
FINANCIAL IMPLICATIONS:
Not applicable to this Ordinance.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
The Nature & Wildlife Discovery Center (formerly known as Mountain Park Environmental
Center), City of Pueblo Fire Department, Pueblo Parks and Recreation Department, Beulah Fire
Protection and Ambulance District, Forest Stewards Guild, and the Ember Alliance have been
meeting on a regular basis this past year to update the on-going “Prescribed Fire – Concept Plan”
for the City owned property known as Pueblo Mountain Park, as well as the surrounding Beulah
Valley. This assignment of the MOU is a portion of the overarching Concept Plan.
ALTERNATIVES:
Should City Council not approve this ordinance, there will not be a MOU for future prescribed fire
procedures between the City of Pueblo, the Forest Stewards Guild, and the Ember Alliance.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Ordinance
Assignment of Prescribed Fire Memorandum of Understanding
DocuSign Envelope ID:F92D2C39-69AA-49FD-BBE6-D47A0E7038EB
ASSIGNMENT OF
PRESCRIBED FIRE MEMORANDUM OF UNDERSTANDING
THIS ASSIGNMENT AGREEMENT ("Agreement") is entered into as of this?3day of
Aphfive , 2021 ("Effective Date") by and between the City of Pueblo, a Municipal Corporation,
with an address of One City Hall Place,Pueblo,Colorado 81003 ("City"),and The Forest Stewards
Guild, with an address of 2019 Galisteo Street, Suite N-7, Santa Fe, New Mexico 87505
("Assignor"), and The Ember Alliance, a Colorado non-profit corporation, with an address of PO
Box #2084, Fort Collins, Colorado 80522 ("Assignee").
WHEREAS, City and Assignor entered into a certain Prescribed Fire Memorandum of
Understanding signed March 29, 2021 ("MOU") evidenced by Ordinance No. 9859 to facilitate
cooperation for wildland fire management at and around the Pueblo Mountain Park; and
WHEREAS,Assignor now wishes to assign the MOU to Assignee,and Assignee wishes to assume
said MOU; and
WHEREAS, City consents to said assignment and Assignee's assumption of the MOU in
accordance with the terms of this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the terms, conditions and
mutual promises set forth in this agreement, the parties agree as follows:
1. Assignment. Assignor hereby transfers and assigns to Assignee, Assignor's right,
title, and interest in and to the MOU.
2. Assumption. Assignee accepts the assignment of the MOU and hereby assumes
and agrees to observe, perform, and otherwise discharge when due all obligations
of the MOU, a copy of which is attached hereto as Exhibit "A" and incorporated
herein by reference. This shall include, but is not limited to, the performance of all
covenants and duties.
3. Consent. City hereby consents to the foregoing assignment and assumption of the
MOU in consideration for the terms of this Agreement, and City agrees to afford
Assignee the same rights under the MOU as previously enjoyed by Assignor. No
further assignment of the MOU,or any part thereof, shall be made without the prior
written consent of City. Any assignment or transfer without City's prior written
consent shall be void.
4. Effective Date. This Agreement shall become effective on the Effective Date set
forth above.
[Remainder of page intentionally left blank. Signature page to follow.]
DocuSign Envelope ID:F92D2C39-69AA-49FD-BBE6-D47A0E7038EB
IN WITNESS WHEREOF, the parties have executed this assignment as of the Effective Date.
THE FOREST STEWARDS GUILD CITY OF PUEBLO,
A MUNICIPAL CORPORATION
Docalyned by: •
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By: By: Nicholas A. Gradisar
Title: Executive Di rector Title: Mayor
THE EMBER ALLIANCE ATTEST: C"�.,
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Title: Di rector of Business Operations