HomeMy WebLinkAbout2026-02-24; Municipal Water District; Resolution 1797Exhibit 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
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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
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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)
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