HomeMy WebLinkAbout2026-02-10; City Council; Resolution 2026-035Exhibit 1
RESOLUTION NO. 2026-035 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
CONFIRMING THE DECLARATION OF A LOCAL EMERGENCY FOR AN
EMERGENCY CONDITION RESULTING FROM A WATER MAIN BREAK AND
SINKHOLE AT CARLSBAD VILLAGE DRIVE AND EL CAMINO REAL AND
AUTHORIZING THE CITY MANAGER TO DIRECT THE REPAIR WORK TO BE
PERFORMED USING EMERGENCY CONSTRUCTION PROCUREMENT
PROCEDURES
WHEREAS, in the early morning hours at or about 4 a.m. on Jan. 31, 2026, a water main break
occurred at the intersection of Carlsbad Village Drive and El Camino Real; and
WHEREAS, the water main break was sudden and unexpected and resulted in a large sinkhole
and buckling in the roadway affecting six traffic lanes across El Camino Real as well as four traffic lanes
across Carlsbad Village Drive and other infrastructure in both directions of a major north-south and east-
west thoroughfare vital to traffic circulation within the city; and
WHEREAS, the water main break, sinkhole, roadway buckling and related infrastructure damage
pose a clear and imminent danger and require immediate repair work, including excavation and
assessment, utilities repair, and pavement restoration; and
WHEREAS, the estimated cost of the repair work exceeds the formal bidding threshold
established by the Public Contract Code and Carlsbad Municipal Code and the formal bidding process
takes approximately four to six months; and
WHEREAS, the repair work requires prompter action than formal bidding permits to prevent or
mitigate the loss or impairment of life, health, property or essential public services; and
WHEREAS, the City of Carlsbad follows the procurement processes in the California Public
Contract Code and the Carlsbad Municipal Code; and
WHEREAS, in the case of a public emergency, California Public Contract Code Sections 22035 and
22050 and Carlsbad Municipal Code Sections 3.28.110(A) and 3.28.120 allow the City Council by a four-
fifths vote to authorize the repair or replacement of a public facility, take any directly related and
immediate action required by the emergency, and procure the necessary equipment, services and
supplies for these purposes without following formal bidding procedures; and
WHEREAS, as permitted by California Public Contract Code Section 22050(b), the City Council has
delegated the authority to authorize emergency repairs to the City Manager, subject to review by the
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City Council by a four-fifths vote at their next regularly scheduled meeting not later than 14 days
afterwards; and
WHEREAS, on Jan. 31, 2026, the City Manager/Executive Manager proclaimed a local emergency
for an emergency condition resulting from a water main break and sinkhole at Carlsbad Village Drive and
El Camino Real (Attachment A to Exhibit 1); and
WHEREAS, the emergency declaration must be confirmed by a four-fifths vote of the City Council
at its next regular meeting; and
WHEREAS, staff request that the City Council confirm the declaration of a local emergency and
authorize the City Manager to direct the necessary repair work performed using emergency
procurement procedures; and
WHEREAS, sufficient funding is available to perform the emergency repairs.
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 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 City Manager’s Jan. 31, 2026, declaration of a local emergency for an emergency
condition resulting from a water main break and sinkhole at Carlsbad Village Drive and El
Camino Real, Attachment A to Exhibit 1, is confirmed.
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
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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.
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Board of Directors of the
Carlsbad Municipal Water District and the City Council of the City of Carlsbad, California on the 10th
day of February, 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
(SEAL)
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FOR AN EMERGENCY CONDITION RESULTING FROM A WATER MAIN BREAK AND
SINKHOLE AT CARLSBAD VILLAGE DRIVE AND EL CAMINO REAL
WHEREAS, in the early morning hours on or about 4 a.m. on January 31, 2026, a
water main break occurred at the intersection of Carlsbad Village Drive and El Camino
Real; and
WHEREAS, the water main break was sudden and unexpected and resulted in a
large sinkhole and buckling in the roadway affecting six traffic lanes across El Camino
Real as well as four traffic lanes across Carlsbad Village Drive and other infrastructure in
both directions of major north-south and east-west thoroughfares vital to traffic
circulation within the city; and
WHEREAS, the water main break, sinkhole, roadway buckling and related
infrastructure damage pose a clear and imminent danger and require immediate repair
work, including excavation and assessment, utilities repair, and pavement restoration;
and
WHEREAS, the estimated cost of the repair work exceeds the formal bidding
threshold and the formal bidding process takes approximately four to six months; and
WHEREAS, the repair work requires prompter action than formal bidding permits
to prevent or mitigate the loss or impairment of life, health, property or essential public
services; and
WHEREAS, the City of Carlsbad and the Carlsbad Municipal Water District follow
the procurement processes in the California Public Contract Code and the Carlsbad
Municipal Code; and
WHEREAS, in the case of a public emergency, California Public Contract Code
Sections 22035 and 22050 and Carlsbad Municipal Code Sections 3.28.110(A) and
3.28.120 allow the City Council and Board of Directors by a four-fifths vote to authorize
the repair or replacement of a public facility, take any directly related and immediate
action required by the emergency, and procure the necessary equipment, services and
supplies for these purposes without following formal bidding procedures; and
WHEREAS, as permitted by California Public Contract Code Section 22050(b), the
City Council has delegated the authority to authorize emergency repairs to the City
Manager and the Board of Directors has delegated the authority to authorize
emergency repairs to the Executive Manager, subject to review by the City Council and
Attachment A
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Emergency Condition Resulting from a Water Main Break and Sinkhole
at Carlsbad Village Drive and El Camino Real
Page 2
Board of Directors by a four-fifths vote at their next regularly scheduled meeting not
later than 14 days afterwards.
NOW, THEREFORE, IT IS DECLARED, by the City Manager of the City of Carlsbad
and Executive Manager of the Carlsbad Municipal Water District as follows:
1. That the above recitations are true and correct.
2. That subject to review by the City of Carlsbad City Council and the
Carlsbad Municipal Water District Board of Directors by a four-fifths vote at their next
regularly scheduled meeting, an emergency condition exists in the area of the water
break and sinkhole at Carlsbad Village Drive and El Camino Real in the City of Carlsbad.
3. That city and district staff may proceed at once to obtain the necessary
equipment, services, and supplies to repair the water main break and the affected
infrastructure without giving notice for bids or to let contracts without following formal
bidding procedures.
4. That the proposed action is statutorily exempt from environmental
review under California Public Resources Code Section 21080(b)(2) and (4) and CEQA
Guidelines Section 15269(b)-(c), which apply to emergency repairs to publicly owned
facilities necessary to maintain service essential to public health, safety or welfare and
other specific actions necessary to prevent or mitigate an emergency.
Dated: January 31, 2026 By: ________________________________
GEOFF PATNOE
City Manager/Executive Manager
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