HomeMy WebLinkAbout2026-01-27; City Council; Resolution 2026-024Exhibit 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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