CA Review GH
Meeting Date: June 25, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Dave Padilla, Interim Utilities Director [email protected], 442-339-2356
Eric Sanders, Utilities Manager
eric
[email protected], 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 Memo
randum 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. T he c
onnecting 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 th rough 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 p
roviding notice of the change to the other Party.
23. The above Recitals are true and correct and are incorporated into this MOU. [Si gna
tures 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 Exh
ibit “A”
Map of Fire Hydrants in Water District Service Area in the City of Carlsbad June 25, 2024
Item #6 Page 10 of 12
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$! $
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$!
$
$! HYD2672
HYD6276
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
HYD6464
HYD6461
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
HYD4437
HYD4435
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
HYD2643
HYD2639
HYD2638
HYD2636HYD2634
HYD2748
HYD2746
HYD2734 HYD2733
HYD2763
HYD2632
City of Carlsbad
Hydrants
$
$!
Water Lines
OUTSIDE CARLSBAD
IN CARLSBAD
Boundaries
CARLSBAD
VALLECITOS WATER DISTRICT
Ê
ALGARD
ELFUERTE
ST
MELROSE
DR
CORINTIAST
RANCHO
SA
NTA
FE
RD
SAN ELIJO RD
ELFUERTE
ST
XANAW
AY
ALGARD
CORINTIAST
MELROSE DR
LACOSTAMEADOWS DR
June 25, 2024
Item #6 Page 11 of 12
I
···-·-...... _._ J
I
I
l
-I
_j
'
: /7 1/ /
(
-,
-1
r
Fl
I
I ' / , -
r
' --~ _L.-----'
1 f-----
' /
I
i
I
•-I
I ••✓.
)--
\
11-
1 \
\
\
L
--\
I
7 I
I----,
\_ I -1
,;_ _____ J
,, .'
r --/
l" i
'/ I /----
I
\
I
'
.. -,·~✓-j ____ -~\----~•.,e -""'':r-----~
---l.
I
' /
/I
'I
I '
' I
-,----,
I
I 11.+·", --,
I
)
~11_1_
1-----,:~· I
'' I
,, ,, ,, ,--
1;
11 -11.
\
\
\
\
\
\
\
\\
\
1----_J
' I 1---7
' I ---
I ,-
'----1
I ' --,
I ___ <
' I \ __ _
' '
\-- 7
I--~
--1
j_ -i
' -7
-L
--1
I_ -
-, I-_1
,--~
I -_j
\_i ', -_j
--"'-~-
-~---~,,
--"
I
)/
'"'-'"~,
",,_
□□
_J
\
-71/
I
/
;
I
I
/ \ .
\ \
\
I
\
\
-,-
1 L
'
' ' /_ __ _)
i_---:
l --:
' -----,
I ·',.,/
-.l--~/
I ,-
/
SITIOMONTECILLO
CORTE TAMARINDO
SITIOCOR
DERO
SITIO
CALIENTE
SITIOAVELLANA
EL FUERTE ST
XAN
A
W
AY
CORTE PACIFICA
CORTE BOSQUE
CORTE LA
N
GOSTA
CIRCULO PAPAYO
TRIGO LN
FOSCA
ST
HATACARD
RSOLANO
ST
LA COSTAAVE
RANCHO PANCHO
CAM
INO
DE
AM
IGOS
ME
LROSE
DR
LUCIERNAGA ST
PASEO CANDELERO
LEVANTE ST
PRIMAVERA WAY
QU IL PLQU IL PL
MANAGUAPL
SAN ELIJO RD
(PORTION OF)
VALLECITOS WATER
DISTRICT
RANCHO
SANTA
FE
RD
VISTA MARIANA
UNICORNIO ST
COLIN
A
D
E
LACOSTA
ABEDUL ST
CAMINO MICHELLE
SITIOTORTUGA
CO
RTIN
A
CT
CIRCULO SEQUOIA
PA SEOCAPUCHINA
OBELIS CO
CR
PIRAGUA
ST
LA
GOLONDRINAST
AVENIDA CHRISTINA
L
APISRD
AVENIDA
SOLEDAD
LLAMA ST
MADRILENA WY
CADENCIAST
CARRI LLO WY
EL AGUILA ST
ROMERIA ST
BOLERO S T
COR
INTIAST
ELFUERTEST
VIA CONQUISTADOR
ALGA RD
CEBU PL
CARPA CT
CALLE CONIFERA
MELROSE DR
RBOSO ST
BORLAPL
SITIOC
ORAZON
ALTIS
MAWY
CACAT UA ST
EL FUERTE ST
SITIO
DES
TIN
O
SACADA
CR
CORTE PALOMA
SITIO
SALVIA
MUSLO LN
LA PALOMA ST
CAM
INO
JUNIPER
O
SEGOVIAWY
JADE
LN
CORTE PANORAMA
JEREZ
CT
PAS E OA
SPADA
ESFERAST
ALICANTE
R
D
AR
OESTURION
STGDAELEYAVE
Exhibit
AA
NAUTA ST
RANCHO
SANTA
FE
R
D
ACUNACT
SITIO LIM A
CAYENNE LN
N
AVARRA DR
PA
SEO ABRAZO
C
O
LIBRI LN
SITIO
CABALLERO
CAZADE RO DR
SITIO
OCEA
N
O
AZAHAR
ST
ALTIVA
PL VALLECITOS
WD DY
GALICIAW
Y
BABIL
ONIAST
VENAD
O
ST
RANCHO
SANTA FE RD
(ABANDONED)
LOCATION MAP
EXHIBIT
$
!Å
NOT TO
SCALE
CITY OF CARLSBAD
PORTION OF VALLECITOS WATER DISTRICT
SERVICE AREA BOUNDARY
CITY OF CARLSBAD
2 Exhibit 2
June 25, 2024
Item #6 Page 12 of 12