HomeMy WebLinkAbout2026-01-27; City Council; 05; Continuing the Proclamation of a Storm-Related Local Emergency to Repair Storm Drain Infrastructure in the Coastal Bluffs near Carlsbad Boulevard and Solamar DriveCA Review TL
Meeting Date: Jan. 27, 2026
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: David Edwards, Senior Engineer
david.edwards@carlsbadca.gov, 442-339-5286
Subject: Continuing the Proclamation of a Storm-Related Local Emergency to
Repair Storm Drain Infrastructure in the Coastal Bluffs near Carlsbad
Boulevard and Solamar Drive
District: 3
Recommended Action
Adopt a resolution continuing the proclamation of a storm-related local emergency to repair
storm drain infrastructure in the coastal bluffs near Carlsbad Boulevard and Solamar Drive and
determining the need to continue the emergency procurement of storm drain repair work.
Executive Summary
In late December 2025 and early January 2026, Carlsbad experienced rainstorms that
unexpectedly resulted in severe damage to storm drain infrastructure in and near the coastal
bluffs along Carlsbad Boulevard north of Solamar Drive. This damage diminished the storm
drain infrastructure’s ability to effectively and safely convey storm water and increased the risk
of significant damage to nearby property and infrastructure. Emergency repairs are needed to
ameliorate the risk.
The coastal bluffs are on property owned by the California Department of Parks and Recreation,
or State Parks. After being notified of an adjacent sinkhole on Jan. 2, 2026, city staff took
immediate action to cordon off the area to public access and alerted State Parks staff of their
findings and actions.
•On Jan. 7, 2026, the Acting City Manager, in her role as Acting Director of Emergency
Services, proclaimed a local emergency and authorized the City Manager to have the
emergency repair performed as swiftly as possible using emergency construction
procurement procedures rather than the formal bidding process.
•On Jan. 13, 2026, the City Council ratified the emergency proclamation and authorized
the City Manager to have the emergency repair performed as swiftly as possible using
emergency construction procurement procedures rather than the formal bidding
process.
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Staff evaluated proposals from contractors to perform the emergency repair work and
coordinated the project scope with the appropriate environmental permitting agencies. Staff
then processed an emergency contract, and the contractor commenced emergency repair work
with completion estimated in February.
Staff are requesting that the City Council continue the proclamation of a storm-related local
emergency to repair storm drain infrastructure in the coastal bluffs near Carlsbad Boulevard
and Solamar Drive and continue to authorize the City Manager to have the emergency repairs
performed using emergency construction procurement procedures.
California Government Code Section 8630 requires the City Council to review the need for
continuing the local emergency, and California Public Contract Code Section 22050(c)(2)
requires the City Council to determine by four-fifths vote at every subsequent meeting that
there is a need to continue the emergency procurement action.
Explanation & Analysis
Background
The storm drain infrastructure was
originally constructed in the 1950s.
State Parks owns the coastal bluff property;
however, the city holds a 10-foot utility
easement1 at the stormwater drainage site
and will lead the repair effort with a right-
of-entry permit from the state.
Timeline
• On Dec. 24, 2025, Governor
Newsom proclaimed a State of
Emergency in San Diego County and
other counties due to late December 2025 storms causing conditions of extreme peril.
• Late December 2025 and early January 2026 rainstorms damaged storm drain
infrastructure near the coastal bluffs at Carlsbad Boulevard and Solamar Drive, creating
public safety concerns and necessitating emergency repairs.
• On Jan. 6, 2026, city staff determined that an 18-inch-diameter reinforced concrete
storm drain pipe had decoupled near a footpath on State Parks property; the pipe
connects 18-inch-diameter corrugated metal pipe downstream along the coastal bluff
wall, which has also decoupled, exposing underlying materials and increasing the risk of
erosion and bluff undermining.
• With State Parks’ approval, city staff constructed a wider temporary footpath to redirect
pedestrians away from the affected area.
• On Jan. 7, 2026, the Acting City Manager, in her role as Acting Director of Emergency
Services, proclaimed a local emergency and authorized the City Manager to have the
1 Easements provide the city with access to private property to install or maintain public infrastructure.
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emergency repair performed as swiftly as possible using emergency construction
procurement procedures rather than the formal bidding process, as shown in Exhibit 2.
• On Jan. 8, 2026, the City Planner issued an emergency coastal development permit
subject to the authority and requirement under Carlsbad Municipal Code Section
21.201.190.
• On Jan. 13, 2026, the City Council ratified the proclamation of the storm-related local
emergency for storm drain repairs near Carlsbad Boulevard and Solamar Drive and
authorized emergency construction procurement procedures.
• On Jan. 15, 2026, the City Manager and State Parks signed a right-of-entry permit, which
allows the contractor to proceed with the emergency work on State Parks property.
• The city received two construction proposals for repairs and issued an emergency
contract to Burtech Pipeline, Inc. for an estimated cost of $245,000. Staff issued a notice
to proceed on Jan. 16, 2026.
• On Jan. 16, 2026, the contractor commenced work and is estimating completion in
February.
Staff request that the City Council continue the emergency proclamation and determine by a
four-fifths vote that there is a need to continue the emergency action to repair the damaged
storm drain infrastructure.
Fiscal Analysis
Sufficient funding is available for the work in the Infrastructure Replacement Fund for the
Storm Drain System Rehabilitation and Repair Program, Capital Improvement Program Project
No. 6607, as shown in the table below, so staff are not requesting any additional appropriation.
City staff will request reimbursement if the emergency work qualifies under federal or state
emergency relief programs.
Storm Drain System Rehabilitation and Repair Program
Capital Improvement Program Project No. 6607
Total appropriation to date $10,512,360
Total expenditures and encumbrances to date -$6,859,894
Total available funding $3,652,466
Construction contract (estimated) -$245,000
Construction contingency (estimated) -$61,000
Construction management, inspection, material testing and support
services (estimated) -$61,000
Total estimated construction costs -$367,000
Remaining balance after total estimated construction costs $3,285,466
Additional appropriation needed $0
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Next Steps
Staff will continue to work with the contractor until the repair work is completed, which is
expected to be in February.
Staff will return to the City Council on Feb 3, 2026, to review the need for continuing the local
emergency and ask the City Council to determine by a four-fifths vote whether there is a need
to continue the emergency procurement action to repair the storm drain infrastructure.
Environmental Evaluation
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.
Exhibits
1. City Council resolution
2. Proclamation of Local Emergency dated Jan. 7, 2026
3. Staff report from Jan. 13, 2026 (on file in the Office of the City Clerk)
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Exhibit 1
RESOLUTION NO. 2026-024 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
CONTINUING THE PROCLAMATION OF A STORM-RELATED LOCAL EMERGENCY
TO REPAIR STORM DRAIN INFRASTRUCTURE IN THE COASTAL BLUFFS NEAR
CARLSBAD BOULEVARD AND SOLAMAR DRIVE AND DETERMINING THE NEED
TO CONTINUE THE EMERGENCY PROCUREMENT OF STORM DRAIN REPAIR
WORK
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; and
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WHEREAS, on January 13, 2026, the City Council ratified the proclamation of a storm-related local
emergency for the storm drain infrastructure repair work, Resolution No. 2026-004; and
WHEREAS, Government Code Section 8630 requires the City Council to review the need for
continuing the local emergency at least once every 60 days until the City Council terminates the local
emergency, which the City Council must terminate as soon as conditions warrant; 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, Public Contract Code Section 22050(c)(2) requires the City Council to review the
emergency procurement action at every subsequent meeting to determine by a four-fifths vote whether
there is a need to continue the emergency action; and
WHEREAS, the emergency repair costs are estimated to be $245,000, not including contingency
and other construction support costs, and 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 15, 2026, the City Manager and State Parks signed a right-of-entry permit,
which allows the contractor to proceed with the emergency work on State Parks property; and
WHEREAS, the contractor commenced the emergency work on January 16, 2026, with an
estimated completion in February 2026; and
WHEREAS, staff request that the City Council continue the proclamation of a local emergency
and determine the need for the emergency procurement action to allow for the completion of the
necessary repair work.
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 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
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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 proclamation of a storm-related emergency to repair storm drain infrastructure
in the coastal bluffs near Carlsbad Boulevard and Solamar Drive is continued.
4.That there is a need to continue the emergency procurement action to repair damaged
storm drain infrastructure in the coastal bluffs near Carlsbad Boulevard and Solamar
Drive.
5.That the City Manager is directed to return to the City Council at the next regularly
scheduled City Council meeting for a determination of whether conditions warrant the
continuation of the local emergency and whether there is a continued need for the
emergency procurement action.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th 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 AExhibit 2
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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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Exhibit 3
Staff report from Jan. 13, 2026
(on file in the Office of the City Clerk)
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