HomeMy WebLinkAbout2026-02-24; City Council; 04; Continuing 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 andCA Review TL
Meeting Date: Feb. 24, 2026
To: Mayor and City Council/President and Board Members
From: Geoff Patnoe, City Manager/Executive Manager
Staff Contact: Tom Frank, Transportation Director/City Engineer
tom.frank@carlsbadca.gov, 442-339-2766
Amanda Flesse, Utilities Director/Carlsbad Municipal Water District
General Manager
amanda.flesse@carlsbadca.gov, 442-339-5485
Subject: Continuing 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 Determining the Need to Continue
Emergency Construction Procurement Procedures
District: 1
Recommended Actions
1)Adopt a City Council resolution continuing 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 determining the need to continue the emergency
construction procurement procedures; and
2)Adopt a Carlsbad Municipal Water District Board of Directors resolution continuing 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 determining the need
to continue emergency construction procurement procedures.
Executive Summary
A sudden and unexpected water main break early in the morning on Jan. 31, 2026, caused a
major sinkhole and roadway damage at Carlsbad Village Drive and El Camino Real, posing an
immediate public safety risk and prompting the City Manager/Carlsbad Municipal Water District
to declare a local emergency.1
Staff are now requesting the City Council and CMWD Board’s continuation of the declaration of
the local emergency to proceed with urgent, bid-exempt repairs expected to exceed $220,000.
1 The City Manager also serves as the CMWD’s Executive Manager.
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Explanation & Analysis
The water main break, which occurred at or about 4 a.m. caused 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. This intersection is a
major north-south and east-west thoroughfare vital to traffic circulation within the city.
The water main break, sinkhole, roadway buckling and related infrastructure damage posed a
clear and imminent danger and required immediate repair work, including excavation and
assessment, utilities repair and pavement restoration. The estimated cost of the repair work
exceeds the threshold at which formal bidding is required established by the Public Contract
Code and the Carlsbad Municipal Code, and such a bidding process takes approximately four to
six months. The repair work required prompter action than the bidding allows to prevent or
mitigate the loss or impairment of life, health, property or essential public services.
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. 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 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.
As permitted by California Public Contract Code Section 22050, the City Council has delegated
the authority to authorize emergency repairs to the City Manager and the CMWD Board of
Directors has delegated the authority to authorize emergency repairs to the Executive
Manager, subject to confirmation by the City Council and CMWD Board of Directors by a four-
fifths vote at their next regularly scheduled meeting not later than 14 days afterwards.
The City Manager/Executive Manager declared a local emergency on Jan. 31, 2026, as shown in
Exhibit 3, to expedite emergency repairs to the damaged water main and roadway
infrastructure. The City Council and CMWD Board each unanimously confirmed the emergency
declaration on Feb. 10, 2026, as shown in Exhibit 4. Under California Public Contract Code
Section 22050, the City Council and CMWD Board must review the emergency procurement
action at regularly scheduled meetings to determine by a four-fifths vote whether there is a
need to continue the action.
The project will likely cost more than $220,000. Staff are now requesting that the City Council
and CMWD Board continue the emergency declaration so that the repairs may continue to be
exempt from normal bidding procedures and be completed as swiftly as possible.
Fiscal Analysis
Sufficient funding is available for the emergency work, so no additional funding is being
requested.
Next Steps
Upon continuation of the emergency declaration, staff will proceed with emergency
construction procurement procedures and the contractor will continue the emergency work
until completed, which is expected to be by end of next week.
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Staff will return to the City Council on March 10, 2026, to review the emergency action and ask
the City Council to determine, by a four-fifths vote, whether there is a need to continue it.
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.CMWD Board resolution
3.Declaration of Local Emergency for water main break and sinkhole emergency dated Jan. 31,
2026
4.Staff report from Feb. 10, 2026 (on file in the Office of the City Clerk)
Feb. 24, 2026 Item #4 Page 3 of 12
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Exhibit 1
RESOLUTION NO. 2026-044 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
CONTINUING 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
DETERMINING THE NEED TO CONTINUE THE 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
City Council by a four-fifths vote at their next regularly scheduled meeting not later than 14 days
afterwards; and
Feb. 24, 2026 Item #4 Page 4 of 12
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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; and
WHEREAS, on Feb. 10, 2026, the City Council confirmed the emergency declaration; and
WHEREAS, under California Public Contract Code Section 22050(c), the City Council must review
the emergency procurement action at regularly scheduled meetings until the action is terminated to
determine by a four-fifths vote that there is a need to continue the action; and
WHEREAS, staff request that the City Council continue the declaration of a local emergency and
determine the need to continue 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 there is a need to continue the local emergency and 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 is continued.
4.That there is a need to continue the emergency procurement action to complete the
repairs resulting from a water main break and sinkhole at Carlsbad Village Drive and El
Camino Real.
5.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 and whether there is a continued need for the
emergency procurement action.
Feb. 24, 2026 Item #4 Page 5 of 12
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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 24th
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)
Feb. 24, 2026 Item #4 Page 6 of 12
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Exhibit 2
RESOLUTION NO. 1797 .
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL
WATER DISTRICT IN THE CITY OF CARLSBAD, CALIFORNIA, CONTINUING 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 DETERMINING THE NEED TO
CONTINUE 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,
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
Feb. 24, 2026 Item #4 Page 7 of 12
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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; and
WHEREAS, on Feb. 10, 2026, the City Council confirmed the emergency declaration; and
WHEREAS, under California Public Contract Code Section 22050(c), the CMWD Board must
review the emergency procurement action at regularly scheduled meetings until the action is terminated
to determine by a four-fifths vote that there is a need to continue the action; and
WHEREAS, staff request that the CMWD Board continue the declaration of a local emergency
and determine the need to continue 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 there is a need to continue the local emergency and 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.
4.That there is a need to continue the emergency procurement action to complete the
repairs resulting from a water main break and sinkhole at Carlsbad Village Drive and El
Camino Real.
5.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
Feb. 24, 2026 Item #4 Page 8 of 12
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emergency condition continues to exist and whether there is a continued need for the
emergency procurement action.
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
24th 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)
Feb. 24, 2026 Item #4 Page 9 of 12
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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
Exhibit 3
Feb. 24, 2026 Item #4 Page 10 of 12
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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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Exhibit 4
Staff report from Feb. 10, 2026
(on file in the Office of the City Clerk)
Feb. 24, 2026 Item #4 Page 12 of 12
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