HomeMy WebLinkAbout2025-07-29; Municipal Water District; Resolution 1777Exhibit 2
RESOLUTION NO. 1777
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT, AUTHORIZING THE EXECUTIVE MANAGER OR
DESIGNEE TO APPROVE THE INSTALLATION OF ALERTCALIFORNIA WILDFIRE
CAMERAS ON CARLSBAD MUNICIPAL WATER DISTRICT-OWNED PROPERTY,
AS NEEDED, AND TO APPROVE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, SCRIPPS
INSTITUTION OF OCEANOGRAPHY, CITY OF CARLSBAD AND CARLSBAD
MUNICIPAL WATER DISTRICT TO INSTALL, MONITOR AND MAINTAIN THE
ALERTCALIFORNIA WILDFIRE CAMERAS IN THE CITY OF CARLSBAD
WHEREAS, the University of California, San Diego launched ALERTCalifornia, a collaborative
public safety program designed to enhance community resilience to natural disasters; and
WHEREAS, ALERTCalifornia has established a statewide network of fire cameras to support early
wildfire detection and provide real-time situational awareness; and
WHEREAS, in continued efforts to safeguard Carlsbad from wildfires, the Fire Department
recommends the installation of ALERTCalifornia cameras within the city; and
WHEREAS, the Fire Department evaluated multiple locations in Carlsbad to determine the most
suitable sites for camera installation and recommended the Carlsbad Municipal Water District’s La
Costa High Reservoir property at 7041 Corintia Street, located south of Alga Road and east of El Fuerte
Street, in the La Costa Ridge neighborhood, for the first installation site; and
WHEREAS, the Memorandum of Understanding between the Regents of the University of
California, Scripps Institution of Oceanography, the City of Carlsbad, and the Carlsbad Municipal Water
District defines the roles and responsibilities of each agency involved in the installation and operation
of the ALERTCalifornia cameras.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City
of Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.That the Board of Directors has determined the proposed action is not a “project” as
defined by California Environmental Quality Act Section 21065 and CEQA Guidelines
Section 15378(b)(2) & (5) and does not require environmental review under CEQA
Guidelines Section 15060(c)(3) as it is a government organizational or administrative
activity that will not result in direct or indirect physical changes in the environment. Any
subsequent action or direction stemming from the proposed action may require
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Exhibit 2
preparation of an environmental document in accordance with CEQA or the CEQA
Guidelines.
3.That the Executive Manager or designee is authorized to approve the installation of
ALERTCalifornia wildfire cameras on Carlsbad Municipal Water District-owned property,
as needed.
4.That the Executive Manager or designee is authorized to execute the Memorandum of
Understanding (Attachment A) between the Regents of the University of California,
Scripps Institution of Oceanography, City of Carlsbad and Carlsbad Municipal Water
District to install, monitor and maintain the AlertCalifornia wildfire cameras in the City
of Carlsbad.
5.That the Executive Manager or designee is further authorized to execute future
amendments, agreements and other documents necessary to support the
ALERTCalifornia wildfire camera program within the City of Carlsbad, which are
approved as to form by the Office of the General Counsel.
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Board of Directors of the
Carlsbad Municipal Water District of the City of Carlsbad and the City Council of the City of Carlsbad
on the 29th day of July, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, President
______________________________________
SHERRY FREISINGER, Secretary
(SEAL)
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Memorandum of Understanding
Between
The Regents of the University of California, Scripps Institution of Oceanography, the
City of Carlsbad and the Carlsbad Municipal Water District
This Memorandum of Understanding (“MOU”) is entered into by and between the
Regents of the University of California, UC San Diego, Scripps Institution of
Oceanography, a University of California campus ( “Scripps”), the City of Carlsbad, a municipal corporation (“City”), and the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, California ("CMWD"), for the purposes of obtaining, installing, monitoring, and
maintaining a network of fire cameras. Scripps, City and CMWD may be referred to
individually as “Party” and collectively as “Parties.” This MOU has been created to clearly define the roles and expectations for Scripps, City and CMWD.
I.Background
In collaboration with corporate entities and public agencies, Scripps has established fire camera networks throughout California and now would like to improve the network in the City of Carlsbad. Subject to obtaining any required federal, state or local permits and any required authorization from property owners, Scripps plans to install additional cameras
in the City of Carlsbad and related equipment and Scripps will incorporate them into the
existing camera network.
First responders (e.g., City of Carlsbad Fire Department and Police Department, Sheriff, and CAL FIRE) would have priority in using and manipulating the cameras within their
respective jurisdictions. Scripps would also have control to manipulate the cameras (e.g.,
live view) but would defer priority to first responders. Control of the cameras and priority will be addressed at camera workshops provided by Scripps. The camera footage would be broadcast publicly online, and any recordings made would be saved and maintained by Scripps.
II.Roles and Responsibilities
Scripps, City and CMWD agree to be direct and proactive when raising any concerns relating to this MOU. The expectations of the Parties, individually and mutually, are
specified below:
A.Scripps agrees to perform the following tasks at its own expense:
1.Install and maintain cameras and related equipment at sites listed in
Exhibit A. Scripps is responsible for replacing broken cameras and
hardware. Scripps will retain ownership of all equipment.
Attachment A
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2.Install, maintain, and update all software necessary for the full function of the provided cameras. This includes all firmware updates and patches from the camera vendor. Updates must be installed
within 60 days of release or on the City or CMWD’s request
3.Obtain all required federal, state, or local permits.
4.Provide unfettered access to any recordings or copies of recordings,
in whatever format, made or kept, resulting from any entity’s use of
the cameras provided to City or CMWD.
5.Ensure that first responders always have priority in using and manipulating the cameras on the City or CMWD’s property. City on
City-owned sites and CMWD on CMWD-owned sites and Scripps
must first authorize access to any camera by any entity other than City or CMWD. City or CMWD/Scripps shall be able to add/remove users as needed.
6.Provide audit logs to City and CMWD that identify individuals who
access the provided cameras.
7.Take reasonable and appropriate steps to secure access to the provided cameras.
8.Provide City for City-owned sites and CMWD for CMWD-owned sites with 24-hour notice if access is needed to cameras for repair or maintenance, except in emergencies. Reasonable notice will be provided in emergencies.
9.Cooperatively work with Staff from City for City-owned sites or CMWD for CMWD-owned sites to resolve any identified security vulnerabilities or configuration issues on provided cameras that could present risk to City or CMWD.
10.Remove cameras and all related equipment within five business days of the termination of this MOU and restore the property to its prior condition, reasonable wear and tear accepted.
11.Comply with any responsibilities or obligations assigned to Scripps
as described in Paragraph IV.
B.City for city-owned sites and CMWD for CMWD-owned sites agrees to
perform the following tasks at its own expense:
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1.Provide access to Scripps to install, maintain, and repair cameras onthe site(s) listed in Exhibit A.
2.Comply with any responsibilities or obligations assigned to City or
CMWD as described in Paragraph IV.
C.The Parties mutually agree to:
1.Work collaboratively and cohesively to support each other in carrying
out the goals and terms of this MOU.
2.Comply with any responsibilities or obligations mutually assigned to theParties as described in Paragraph IV.
III. Term of Agreement
This MOU shall be considered effective June 1, 2025, and shall remain in effect until May 31, 2026. Any Party may terminate this MOU without cause by providing thirty (30)
days’ advance written notice to the other Party.
IV.Miscellaneous Terms and Conditions
A.Jurisdiction and Venue
This MOU shall be construed in accordance with the laws of the State of California, and the Parties hereto agree that venue shall be in San Diego County, California.
B.Data Use and Privacy
Data collected will be used solely for wildfire detection, environmental monitoring, and related public safety purposes. No audio or video recording of private individuals or
dwellings is permitted. Any public or third-party sharing of data must be anonymized and
comply with applicable privacy laws.
C.No Lease or Tenancy Created
This MOU does not create a lease, license, easement, or other real property interest. The arrangement is revocable as provided herein.
D.Access to Records/Retention
For the purposes of auditing and compliance with the California Public Records Act (Govt. Code § 7920.00, et seq.), City and CMWD shall have access to any records created or maintained by Scripps as a result of City and CMWD’s use of cameras. Except where
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any federal or state law requires longer retention, Scripps shall maintain all required records for at least three (3) years after expiration of this MOU.
E.Mutual Indemnification
City and CMWD agree to defend, indemnify and hold Scripps harmless from and against any and all claims, liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this MOU, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages
are caused by or result from the negligent or intentional acts or omissions of City, CMWD, their officers, elected and appointed officials, agents, employees and volunteers.
Scripps agrees to defend, indemnify and hold harmless City, CMWD and their officers, elected and appointed officials, employees, agents and volunteers from and against any
and all claims, liability, loss, expense, reasonable attorneys' fees, or claims for injury or damages arising out of the performance of this MOU, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Scripps, its officers, agents, or employees.
F.Limitation of Liability
1.OTHER THAN AS EXPRESSLY PROVIDED IN THE MOU,NEITHER PARTY MAKES ANY WARRANTIES, WHETHER
EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS THEIMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESSFOR A PARTICULAR PURPOSE.
2.Notwithstanding any other provision in this MOU, neither party shall
have liability nor indemnity or defense obligations to the other partyfor any and all claims under any legal theory (including, but notlimited to, claims for negligence and breach of contract) arising fromor related to damage or injuries caused directly or indirectly by fires;provided however, if the claim arises from a fire negligently or
intentionally started by Scripps or City or CMWD during its operationor maintenance of the cameras provided for in this MOU, thelimitation of liability in this sentence will not apply.
G.Insurance
Upon request, Scripps will provide evidence of self-insurance coverage(Certificate of Self-Insurance Coverage) issued pursuant to the program ofself-insurance maintained by the Regents of the University of California.
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If requested by Scripps, City or CMWD shall provide valid evidence sufficient to prove its ownership interests in and to the Site, including its right to enter into this MOU and grant the rights herein granted.
REGENTS OF THE UNIVERSITY OF
CALIFORNIA, UC SAN DIEGO,
SCRIPPS INSTITUTION OF
OCEANOGRAPHY, a University of
California campus
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: By:
(sign here) Geoff Patnoe, City Manager
(print name/title)
Megan Tolentino, Professional Buyer
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CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
and a Subsidiary District of the City of
Carlsbad, California
By:
Geoff Patnoe, Executive Manager
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
By:
_____________________________ Senior Assistant City Attorney
ATTEST:
SHERRY FREISINGER, City Clerk
By:
Deputy / Assistant City Clerk
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