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Home My WebLink About2024-06-25; City Council; Resolution 2024-160RESOLUTION 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. 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) 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. 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. 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 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)] 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 6 Exhibit “A” Map of Fire Hydrants in Water District Service Area in the City of Carlsbad $$! $$! $$!$$!$$! $$! $$! $$! $$!$$! $$!$$! $$! $$! $$! $$! $$!$$! $$!$$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$!$$! $$! $$! $$! $$! $$! $$! $$! $$!$$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$!$$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$! $$!HYD2672HYD6276 HYD6060 HYD6062 HYD6054 HYD6052 HYD6064 HYD2640 HYD6040 HYD3442 HYD3440 HYD3446 HYD3438 HYD6697 HYD6695 HYD6693 HYD6691 HYD6689 HYD5995 HYD6687 HYD3158 HYD2747 HYD6201 HYD2760 HYD6670 HYD6668 HYD6665 HYD6661 HYD6663 HYD6000 HYD6675 HYD6655 HYD2940 HYD5990 HYD5991 HYD5994 HYD6623 HYD6620 HYD6617 HYD6619 HYD6615 HYD6613 HYD6560 HYD6556 HYD6558 HYD6554 HYD2784 HYD6550 HYD6584 HYD4532 HYD5988 HYD6464HYD6461 HYD6460 HYD5982 HYD5984 HYD6458 HYD6456 HYD6452 HYD6454 HYD6274 HYD6272 HYD6020 HYD6205 HYD6203 HYD2708 HYD2684 HYD6199 HYD6058 HYD6056 HYD5997 HYD5986 HYD5473 HYD5475 HYD5437 HYD5461 HYD5459 HYD5457 HYD2696 HYD5439 HYD5443 HYD5453 HYD5448 HYD2665 HYD5445 HYD5447 HYD5440 HYD5432 HYD5435 HYD4469 HYD5425 HYD4395 HYD2755 HYD2772 HYD2764 HYD2758 HYD2744 HYD2652 HYD2646 HYD2688 HYD2693 HYD2729 HYD2710 HYD2740 HYD2750 HYD2737 HYD2715 HYD2699 HYD2674 HYD2659 HYD2660 HYD2686 HYD2703 HYD2713 HYD2723 HYD4530 HYD4518 HYD4516 HYD4514 HYD4473 HYD4471 HYD4467 HYD4463 HYD4465 HYD4461 HYD4449 HYD4447 HYD4443 HYD4445 HYD4439 HYD4437HYD4435 HYD4433 HYD4429 HYD4431 HYD4427 HYD4425 HYD4415 HYD4411 HYD4409 HYD4407 HYD4405 HYD4403 HYD4401 HYD4385 HYD4383 HYD4381 HYD4379 HYD4377 HYD3444 HYD3436 HYD2725HYD2722 HYD2716 HYD2709 HYD2698 HYD2690 HYD2769 HYD2679HYD2678 HYD2675 HYD2673 HYD2666 HYD2663 HYD2656 HYD2654 HYD2649 HYD2643HYD2639HYD2638HYD2636HYD2634 HYD2748HYD2746 HYD2734 HYD2733 HYD2763 HYD2632 City of Carlsbad Hydrants $$! 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