HomeMy WebLinkAbout2026-01-13; City Council; Resolution 2026-004Exhibit 1
RESOLUTION NO. 2026-004 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
RATIFYING THE PROCLAMATION OF A STORM-RELATED LOCAL EMERGENCY TO
REPAIR STORM DRAIN INFRASTRUCTURE IN THE COASTAL BLUFFS NEAR
CARLSBAD BOULEVARD AND SOLAMAR DRIVE AND AUTHORIZING THE CITY
MANAGER TO DIRECT THE REPAIR WORK TO BE PERFORMED USING
EMERGENCY CONSTRUCTION PROCUREMENT PROCEDURES
WHEREAS, on December 24, 2025, the Governor of the State of California found that conditions
of extreme peril to the safety of people and property exist in San Diego County and other counties due
to the 2025 late December storms and related major risk for rockslides, mudslides, landslides, urban
flooding, rapid rises in small streams, and significant river flooding and proclaimed a state of emergency
to make additional resources available to local governments, formalize emergency actions, and help the
state prepare for the impact of the storms; and
WHEREAS, in late December 2025 and early January 2026, the City of Carlsbad experienced
rainstorm events that unexpectedly resulted in severe damage to storm drain infrastructure in an
easement in the coastal bluffs near Carlsbad Boulevard and Solamar Drive on property owned by the
California Department of Parks and Recreation, or State Parks; and
WHEREAS, the damage to the storm drain infrastructure diminishes the ability of the storm drain
infrastructure to effectively and safely convey storm water, thereby creating and threatening to further
exacerbate conditions of extreme peril to the safety of people and property near the damaged
infrastructure; and
WHEREAS, Carlsbad Municipal Code Section 6.04.100(A)(1) empowers the City Manager, as
Director of Emergency Services, or in the City Manager’s absence, the Assistant City Manager, as Acting
City Manager and Acting Director of Emergency Services, to proclaim the existence of a local emergency
when the City Council is not in session and requires the City Council to ratify the proclamation within
seven days thereafter or the proclamation shall have no further force or effect; and
WHEREAS, the City Council was not in session and could not be immediately called into session
on January 7, 2026; and
WHEREAS, on January 7, 2026, the Acting City Manager/Acting Director of Emergency Services
proclaimed a storm-related local emergency for repair of storm drain infrastructure located in the
coastal bluffs near Carlsbad Boulevard and Solamar Drive (Attachment A); and
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WHEREAS, the unanticipated damage to the storm drain infrastructure in and near the coastal
bluffs poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or
impairment of life, health, property and essential public services; and
WHEREAS, the immediate repair or replacement of the storm drain infrastructure is necessary to
permit the safe operation of the storm drain infrastructure and provision of services to the public and
to avoid danger to life or property; and
WHEREAS, the estimated cost of the emergency repair work exceeds the formal bidding
threshold of $220,000, and the formal bidding process would take approximately four to six months;
and
WHEREAS, the emergency conditions will not permit a delay to the repair or replacement of the
storm drain infrastructure that would result from a competitive solicitation for bids for the repair or
replacement of the damaged infrastructure; and
WHEREAS, in the case of an emergency, Public Contract Code Sections 22035 and 22050 and
Carlsbad Municipal Code Sections 3.28.110(A) and 3.28.120 provide for an exemption from formal
bidding procedures for emergency construction procurements, and the emergency proclamation allows
the city to utilize the exemption; and
WHEREAS, the emergency proclamation must be ratified by a four-fifths vote of the City Council
at its next regular meeting; and
WHEREAS, staff request that the City Council ratify the proclamation of a storm-related local
emergency and authorize the City Manager to direct the necessary repair work performed using
emergency procurement procedures; and
WHEREAS, the emergency repair is estimated to cost approximately $250,000 to $350,000, not
including contingency and other construction support costs; and
WHEREAS, sufficient funding is available in the Infrastructure Replacement Fund for the Storm
Drain Rehabilitation and Repair Program, Capital Improvement Program Project No. 6607; and
WHEREAS, on January 8, 2026, the City Planner issued an emergency coastal development permit
subject to the authority and requirements under Carlsbad Municipal Code Section 21.201.190 and is
reported through the staff report for City Council information.
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.
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2.That the City Council has determined that the proposed action is statutorily exempt from
environmental review under the California Environmental Quality Act, or CEQA, pursuant
to California Public Resources Code Sections 21080(b)(2)-(4) and CEQA Guidelines Section
15269(a), which apply to emergency activities undertaken, carried out, or approved by a
public agency to maintain, repair, restore, demolish or replace property or facilities
damaged or destroyed as a result of a disaster in a disaster-stricken area in which the
government has proclaimed a state of emergency. The statutory exemption covers both
the proclamation of emergency and the emergency coastal development permit.
3.That the Acting Director of Emergency Services’ January 7, 2026, proclamation of local
emergency for storm-related emergency necessitating emergency repairs to storm drain
infrastructure in bluffs near Carlsbad Boulevard and Solamar Drive, attached as
Attachment A, is ratified.
4.That the City Manager is authorized to direct the required emergency repairs to be
performed, take any directly related and immediate action required by the emergency,
and procure the necessary equipment, services, and supplies for these purposes, using
emergency procurement procedures.
5.That the City Manager or designee is authorized to sign all other documents necessary for
regulatory compliance, to extend funding opportunities, or to otherwise implement and
finalize the emergency repair work, all of which are subject to review and approval as to
form by the City Attorney’s Office.
6.That the City Manager is directed to return to the City Council at the next regularly
scheduled City Council meeting for a determination by a four-fifths vote whether the
emergency condition continues to exist.
7.That the City Council acknowledges receipt of the emergency coastal development permit
for the emergency repair work that was issued by the City Planner.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 13th day of January, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
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Proclamation of
Local Emergency
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
FOR STORM-RELATED EMERGENCY NECESSITATING EMERGENCY REPAIRS TO STORM DRAIN
INFRASTRUCTURE IN BLUFFS NEAR CARLSBAD BOULEVARD AND SOLAMAR DRIVE
WHEREAS, on December 24, 2025, the Governor of the State of California found that conditions
of extreme peril to the safety of persons and property exist in San Diego County and other counties due
to the 2025 late December storms caused by a series of atmospheric rivers and proclaimed a state of
emergency to make additional resources available to local governments, formalize emergency actions
and help the state prepare for the impact of the storms; and
WHEREAS, California Government Code Section 8630 allows the City Council or an official
designated by ordinance adopted by the City Council to proclaim a local emergency; and
WHEREAS, the City of Carlsbad's Emergency Services Ordinance, including Carlsbad Municipal
Code Section 6.04.100(A)(1), empowers the City Manager, as the City of Carlsbad's Director of
Emergency Services, or, in the City Manager's absence, the Assistant City Manager, as Acting City
Manager and Acting Director of Emergency Services, to proclaim the existence of a local emergency,
subject to ratification by the City Council, when there exists, or there is threatened to exist, conditions of
extreme peril to the safety of persons and property within the City of Carlsbad; and
WHEREAS, in the case of an emergency, California Public Contract Code Section 22050 allows the
City Council, or a person delegated the authority by the City Council, to repair or replace a public facility,
take any directly related and immediate action required by that emergency, and procure the necessary
equipment, services and supplies for those purposes without giving notice for bids to let contracts; and
WHEREAS, under California Public Resources Code Section 21080(b)(3) and Title 14, Section
15269(a) of the California Code of Regulations, referred to as the "State CEQA Guidelines", an emergency
project is statutorily exempt under the California Environmental Quality Act if undertaken, carried out, or
approved by a public agency to maintain, repair, restore, demolish or replace property or facilities
damaged or destroyed as a result of a disaster in a disaster-stricken area in which the government has
proclaimed a state of emergency; and
WHEREAS, the Acting Director of Emergency Services/Acting City Manager finds:
1.In late December 2025 and early January 2026, the City of Carlsbad experienced
rainstorm events that unexpectedly resulted in severe damage to storm drain infrastructure in and near
the bluffs at Carlsbad Boulevard and Solamar Drive.
2.The damage to the storm drain infrastructure diminishes the ability of the storm drain
infrastructure to effectively and safely convey storm water, thereby creating and threatening to further
exacerbate conditions of extreme peril to the safety of people and property in the vicinity of the
damaged infrastructure.
Attachment A
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3.The unanticipated damage to the storm drain infrastructure in and near the bluffs poses
a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment
of life, health, property and essential public services.
4.The immediate repair or replacement of the storm drain infrastructure is necessary to
permit the safe operation of the storm drain infrastructure and provision of services to the public and to
avoid danger to life or property.
5.The emergency conditions will not permit a delay to the repair or replacement of the
storm drain infrastructure that would result from a competitive solicitation for bids for the repair or
replacement of the damaged infrastructure.
6.The City Council of the City of Carlsbad was not in session and could not be immediately
called into session.
NOW, THEREFORE, IT IS PROCLAIMED that, subject to review and ratification by the City Council
at its next regular meeting, a local emergency now exists in the City of Carlsbad, California, in and near
the bluffs at Carlsbad Boulevard and Solamar Drive.
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of the Local Emergency the
powers, functions, and duties of the Director of Emergency Services and the emergency organization of
this city shall be those prescribed by state law, charter, ordinances, and resolutions of this jurisdiction.
IT IS FURTHER PROCLAIMED AND ORDERED that, under California Public Contract Code Section
22050 and Carlsbad Municipal Code Sections 3.28.110(A) and 3.28.120, city staff may proceed at once to
obtain the necessary permits, equipment, services, and supplies to repair the storm drain infrastructure
in and near the bluffs at Carlsbad Boulevard and Solamar Drive without giving notice for bids to let
contracts.
IT IS FURTHER PROCLAIMED AND ORDERED that, if the Director of Emergency Services
determines recovery assistance may be available under the California Disaster Assistance Act or other
state or federal assistance program, a copy of this proclamation be forwarded to the State Director of Cal
OES or the agency overseeing the assistance program with a request that the recovery assistance be
made available to the City of Carlsbad.
IT IS FURTHER PROCLAIMED AND ORDERED that the Director of Emergency Services is
designated as the authorized representative of the City of Carlsbad for the purpose of requesting,
receiving, processing, and coordinating all requirements necessary to obtain available state and federal
recovery assistance.
•
Dated: 1' rl *Mal() By: efte)
SHEILA BIAN
Acting City Manager / Acting Director of Emergency
Services
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