HomeMy WebLinkAbout2026-02-24; City Council; Resolution 2026-044Exhibit 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
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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
Docusign Envelope ID: 4914F2C0-E5A8-4748-87E7-DCA0C3339118