HomeMy WebLinkAbout2026-02-10; Municipal Water District; Resolution 1796Exhibit 2
RESOLUTION NO. 1796 .
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL
WATER DISTRICT IN 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 EXECUTIVE
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 Carlsbad Municipal Water District 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 CMWD 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 CMWD Board
of Directors has delegated the authority to authorize emergency repairs to the Executive Manager,
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subject to review by the CMWD Board of Directors 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 declared 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 2); and
WHEREAS, the emergency declaration must be confirmed by a four-fifths vote of the CMWD
Board at its next regular meeting; and
WHEREAS, staff request that the CMWD Board confirm the declaration of a local emergency and
authorize the Executive 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 Carlsbad Municipal Water District Board of Directors
of the City of Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.That the CMWD Board 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 Executive 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 2, is confirmed.
4.That the Executive 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.
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5.That the Executive 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 Office of the General Counsel.
6.That the Executive Manager is directed to return to the CMWD Board at the next regularly
scheduled CMWD Board 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, President
______________________________________
SHERRY FREISINGER, Secretary
(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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