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Res 24-007RESOLUTION NO. 24-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, TO PARTICIPATE IN THE COUNTY OF SAN DIEGO AGRICULTURAL AND LIVESTOCK PASS PROGRAM WHEREAS, the City of Poway is home to commercial equine, livestock and agricultural operators which desire access to their property to care for livestock and crops during or following a flood, storm, fire, earthquake, or other disaster, upon access being granted by emergency personnel; WHEREAS, a majority of the City is designated by the California State Fire Marshal as a Very High Fire Hazard Severity Zone; WHEREAS, the City has previously experienced the devastating effects of wildfire which required the evacuation of residents, businesses and animals; WHEREAS, the County of San Diego has established a program with the purpose of issuing identification documents to qualified commercial equine, livestock and agricultural operators and managerial employees during a disaster that will allow them timely access to their property; WHEREAS, the purpose of participating in the county -based Agricultural and Livestock Pass (Ag Pass) program is to provide a uniform way to identify vetted commercial equine, livestock and agricultural operators and managerial employees to fire and law enforcement officials; WHEREAS, possession of an Ag Pass during a wildfire or a similar disaster potentially allows qualified operators limited emergency access to their properties in areas that may otherwise be restricted to the public, only when deemed safe by fire and law enforcement officials, in order to protect or care for agriculture and/or livestock (such as irrigating crops or feeding, watering and transporting livestock); WHEREAS, qualified commercial equine, livestock and agricultural operators shall obtain and/or maintain an appropriate business certificate, permit, or license prior to approval of an Ag Pass application; and WHEREAS, an annual training program approved and administered by the Poway Fire Department shall be completed prior to issuing an Ag Pass identification card to qualified operators or managerial employees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City of Poway will hereby participate in the County of San Diego Agricultural and Livestock Pass (Ag Pass) program. Resolution No. 24-007 Page 2 SECTION 2: The holder of an Ag Pass shall not have a right to access property during or following a flood, storm, fire, earthquake or other disaster. Such access may be denied in the discretion of the incident commander, a law enforcement official having jurisdiction, or their designee, where it would be unsafe for the holder of the pass to enter or the presence of the holder of the pass would interfere with disaster response. SECTION 3: The holder of an Ag Pass shall agree, as a condition of the pass, to indemnify and hold the County of San Diego and the City of Poway harmless from any liability as a result of being granted a pass and/or access to a restricted area pursuant to a pass. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of February, 2024 by the following vote, to wit: AYES: DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS NOES: NONE ABSTAINED: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: L wovil. rI�- ICarrie • -