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Home My WebLink About2024-06-25; City Council; ; A memorandum of understanding between the Vallecitos Water District and the City of Carlsbad for Operation and Maintenance of Fire HydrantsCA Review GH Meeting Date: June 25, 2024 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Dave Padilla, Interim Utilities Director dave.padilla@carlsbadca.gov, 442-339-2356 Eric Sanders, Utilities Manager eric.sanders@carlsbadca.gov, 442-339-2361 Subject: A memorandum of understanding between the Vallecitos Water District and the City of Carlsbad for Operation and Maintenance of Fire Hydrants District: 3 Recommended Action Adopt a resolution approving a memorandum of understanding between the Vallecitos Water District and the City of Carlsbad for operation and maintenance of fire hydrants within the city limits and within the Vallecitos Water District service area. Executive Summary This memorandum of understanding will ensure that the 182 fire hydrants currently installed within the Vallecitos Water District service area, which are also within Carlsbad city limits, will be properly maintained and replaced when needed. The memorandum of understanding also provides for the maintenance obligations of any future hydrants that are installed within this approximately 1.5-square mile area. There have been ongoing discussions between the city and the Vallecitos Water District about the entity that is responsible for the fire hydrants. This memorandum of understanding finalizes those discussions and provides for a clear delineation between the obligations of each agency. The memorandum of understanding between the city and the Vallecitos Water District will allow the city and city contractors to operate, maintain and replace the fire hydrants within the Vallecitos Water District service area, thereby improving service reliability and firefighting capabilities. Explanation & Analysis The Carlsbad Municipal Water District provides water service to 82% of the city, but other areas in the city are served by the Vallecitos Water District and the Olivenhain Municipal Water. The Carlsbad Municipal Water District maintains 4,578 fire hydrants in its service area so that they are operational when needed. The Olivenhain Municipal Water District has a similar maintenance program for its fire hydrants within the Carlsbad city limits. As a matter of practice, the Vallecitos Water District does not maintain fire hydrants. June 25, 2024 Item #6 Page 1 of 12 Because the Vallecitos Water District does not maintain the fire hydrants in its district, the proposed memorandum of understanding is needed so that staff or city contractors may work on the fire hydrants within the Vallecitos Water District’s service area within Carlsbad city limits. City staff anticipate contracting with a vendor so that staff time is not diverted from existing maintenance responsibilities. The city will bear all reasonable costs for the operation, maintenance, repair and replacement of fire hydrants within the Vallecitos Water District service area within city limits, excluding the buried hydrant piping. The Vallecitos Water District will provide firefighting water at no cost to the city and will continue to maintain and be responsible for the connecting isolation valves, piping and accessory items affixed to the water district system. The Vallecitos Water District Board of Directors voted in support of the memorandum of understanding on June 19, 2024. Fiscal Analysis Staff have estimated an annual operation and maintenance cost of $30,000. Funding has been added to the General Fund’s Public Works Administration budget for this cost in the fiscal year 2024-25 adopted budget. The amount may be refined in future years once all fire hydrants receive their initial maintenance. Next Steps Staff will initiate a contract for fire hydrant operation and maintenance with an appropriate vendor while following city procurement guidelines. Environmental Evaluation This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. City Council resolution 2. Location map June 25, 2024 Item #6 Page 2 of 12 RESOLUTION NO. 2024-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE VALLECITOS WATER DISTRICT AND THE CITY OF CARLSBAD FOR OPERATION AND MAINTENANCE OF FIRE HYDRANTS WITHIN THE CITY LIMITS AND WITHIN THE VALLECITOS WATER DISTRICT SERVICE AREA WHEREAS, the City Council of the City of Carlsbad, California, has determined that all fire hydrants within the city limits should be regularly maintained and in good working order; and WHEREAS, there are presently 182 fire hydrants within the city limits and within the Vallecitos Water District, or VWD, service area that have been subject to ongoing discussions between the city and the VWD about which entity has the obligation to maintain them; and WHEREAS, the city now desires to have the right to operate, maintain and replace these fire hydrants and future fire hydrants within the city limits and within the VWD service area; and WHEREAS, the City Planner has determined that in keeping with Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the Memorandum of Understanding between the VWD and the City of Carlsbad, Attachment A, allows the city or city contractors to operate, maintain, repair and replace the fire hydrants within the VWD service area and within the city limits, thereby improving service reliability and firefighting capabilities. Exhibit 1 June 25, 2024 Item #6 Page 3 of 12 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of June, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor �HERRY FREISINGER, City Clerk fr (SEAL) June 25, 2024 Item #6 Page 4 of 12 Attachment A 1 Memorandum of Understanding Between the Vallecitos Water District and the City of Carlsbad Regarding Fire Hydrant Operation and Maintenance This Memorandum of Understanding (“MOU”) is made and entered, by and between the Vallecitos Water District, a public agency organized and operating pursuant to Water Code Section 30000 et seq. (“Water District”), and the City of Carlsbad, a California charter city (“City”). Water District and City may be referred to herein individually as a “Party” and collectively as the “Parties.” WHEREAS, the Water District is authorized to supply water to the inhabitants of the territory comprising the Vallecitos Water District, and the Water District owns and operates certain water transmission and distribution facilities within the boundaries of the City; and WHEREAS, all fire hydrants within the Water District’s service area are installed in accordance with Water District’s Standard Specifications and Drawings for the Construction of Water and Sewer Facilities pursuant to development project review and approval by the Water District; and WHEREAS, the City may provide fire protection services for the inhabitants of the City; and WHEREAS, the Parties desire to clarify maintenance obligations for all existing 182 fire hydrants, as well as any future fire hydrants, connected to the water distribution system of the Water District within the boundaries of its service area, and within City jurisdiction, as shown on Exhibit “A”; and WHEREAS, it is the intent of the Parties to provide for the usage of water through existing and future fire hydrants, and for the maintenance, repair and replacement of all fire hydrants, in the event of disrepair, destruction or obsolescence. NOW, THEREFORE, THE PARTIES DO HEREBY MUTUALLY AGREE AS FOLLOWS: 1.The connecting isolation valves, piping, and appurtenances affixed to the water distribution system of the Water District shall remain the property of the Water District. 2.The City shall not install new fire hydrants upon the water distribution system of the Water District without first obtaining the consent of the Water District, and such consent shall not be unreasonably withheld by the Water District. 3.The City shall maintain and keep in good repair all fire hydrants now installed, and any subsequently installed fire hydrants, on the water distribution system of the Water District within the City’s boundaries. 4.City agrees to report to the Water District any significant quantities of water used through the fire hydrant(s). 5.All water used by the City through said fire hydrants for firefighting purposes, including but not limited to actual firefighting operations, drills, and exercises, shall be without cost to the City and the Water District will not charge the City for the use of the water, provided the City obtains the consent of the Water District before conducting any tests or blow-offs. June 25, 2024 Item #6 Page 5 of 12 2 Any other use of water by the City shall be arranged for and paid for according to Water District’s established rates, rules and regulations. 6.City and the Water District agree that the Water District shall have the right to take water through said hydrants on a temporary basis for water quality flushing and other beneficial uses, including the use of temporary construction meters by the Water District. 7.City shall bear all reasonable costs for the installation, maintenance, repair, and replacement of fire hydrants, break-off spool, and associated bolts, nuts, and gaskets, excluding the vertical hydrant spools, bury ell, and piping, under the terms of this MOU, and pursuant to Government Code Section 53069.9 may fix and collect a charge from its residents to pay for these costs. No costs shall be charged to the Water District for said activities. If the City elects to not replace a fire hydrant, the District shall remove the hydrant from the system and blind flange the connection. 8.City agrees to defend, indemnify and hold harmless Water District, its officials (both appointed and elected), officers, employees, and agents, from any claims, costs, penalties, causes of action, demands, losses, and liability of any nature whatsoever, including but not limited to liability for bodily injury, sickness, disease, or death, property damage or violations of law, arising solely out of the acts or omissions of the City (including its officials, officers, employees, and agents) in the performance of this MOU. At its sole discretion, Water District may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve City of any obligation imposed by this MOU. Water District shall notify City promptly of any claim, action or proceeding and cooperate fully in the defense. 9.Water District agrees to defend, indemnify and hold harmless City, its officials (both appointed and elected), officers, employees, and agents, from any claims, costs, penalties, causes of action, demands, losses, and liability of any nature whatsoever, including but not limited to liability for bodily injury, sickness, disease, or death, property damage or violations of law arising solely out of the acts or omissions of the Water District (including its officials, officers, employees, and agents) in the performance of this MOU. At its sole discretion, City may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve Water District of any obligation imposed by this MOU. City shall notify Water District promptly of any claim, action or proceeding and cooperate fully in the defense. 10.This MOU becomes effective upon execution of all Parties and will remain in effect unless sooner terminated by either Party. Notwithstanding, the defense and indemnity obligations of Sections 8 and 9 shall survive termination of this MOU. 11.This MOU may be terminated by either Party if the other Party has failed to comply with the terms of this MOU following fifteen (15) days’ notice and opportunity to cure, or for any other reason, upon thirty (30) days written notice. 12.Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, City and Water District may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments, and awards, consistent with such comparative fault. June 25, 2024 Item #6 Page 6 of 12 3 13.This MOU will be governed, interpreted, construed, and enforced in accordance with the laws of the State of California. Venue for any disputes must be brought only in the state of federal courts located in San Diego County, California. 14.This MOU shall be binding upon and shall inure to the benefit of the successors of the Parties hereto. Except as otherwise provided in this MOU, the rights, titles and interests of any Party to this MOU shall not be assignable or transferable without the consent of the governing body of each Party hereto. 15.The waiver of any breach of a specific provision of this MOU does not constitute a waiver of any other breach of that term or any other term of this MOU. 16.The Parties are hereby authorized to take any and all legal or equitable actions, including but not limited to an injunction and specific performance, necessary or permitted by law to enforce this MOU. 17.This MOU constitutes the full and complete agreement of the Parties. 18.Except as otherwise may be provided in this MOU, neither this MOU nor any provision hereof may be modified or amended except by a written instrument signed by the Parties. 19.This MOU may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement. 20.All the covenants contained in this MOU are for the express benefit of each and all such Parties. This MOU is not intended to benefit any third parties, and any such third party beneficiaries are expressly disclaimed. 21.If any section, clause or phrase of this MOU or the application thereof to any Party or any other person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, it shall be deemed severable, and the remainder of the MOU or the application of such provisions to any other Party or to other persons or circumstances shall not be affected thereby. Each Party hereby declares that it would have entered into this MOU, and each subsection, sentence, clause and phrase thereof, irrespective that one or more sections, subsections sentences, clauses or phrases or the application thereof might be held invalid. 22.Notices required or permitted hereunder shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid to the respective Parties, as follows: WATER DISTRICT: Vallecitos Water District 201 Vallecitos De Oro San Marcos, CA 92069 Attn: General Manager June 25, 2024 Item #6 Page 7 of 12 4 CITY: City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Attn: City Manager The Parties may from time to time change the address to which notice may be provided by providing notice of the change to the other Party. 23.The above Recitals are true and correct and are incorporated into this MOU. [Signatures on Following Page(s)] June 25, 2024 Item #6 Page 8 of 12 CITY: City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Attn: City Manager The Parties may from time to time change the address to which notice may be provided by providing notice of the change to the other Party. 23.The above Recitals are true and correct and are incorporated into this MOU. IN WITNESS WHEREOF, the Parties have executed this MOU Regarding Fire Hydrant Operation and Maintenance as of the date first written above. VALLECITOS WATER DISTRICT Cl CITY MANAGER Date: --=-(-=-3J�LL ___ �-'----- APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney Deputy/ ASSlsla11t City Attorney 4 June 25, 2024 Item #6 Page 9 of 12 6 Exhibit “A” Map of Fire Hydrants in Water District Service Area in the City of Carlsbad June 25, 2024 Item #6 Page 10 of 12 $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$!$$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! 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