HomeMy WebLinkAbout2026-03-10; City Council; Resolution 2026-053Exhibit 1
RESOLUTION NO. 2026-053 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
TERMINATING THE PROCLAMATION OF A STORM-RELATED LOCAL
EMERGENCY TO REPAIR STORM DRAIN INFRASTRUCTURE IN THE COASTAL
BLUFFS NEAR CARLSBAD BOULEVARD AND SOLAMAR DRIVE AND
DETERMINING THERE IS NO NEED TO CONTINUE THE EMERGENCY
PROCUREMENT ACTION
WHEREAS, on Dec. 24, 2025, the Governor of the State of California found that conditions of
extreme peril to the safety of people and property exist in San Diego County and other counties due to
the 2025 late December storms and related major risk for rockslides, mudslides, landslides, urban
flooding, rapid rises in small streams, and significant river flooding and proclaimed a state of emergency
to make additional resources available to local governments, formalize emergency actions, and help the
state prepare for the impact of the storms; and
WHEREAS, in late December 2025 and early January 2026, the City of Carlsbad experienced
rainstorm events that unexpectedly resulted in severe damage to storm drain infrastructure in an
easement in the coastal bluffs near Carlsbad Boulevard and Solamar Drive on property owned by the
California Department of Parks and Recreation, or State Parks; and
WHEREAS, the damage to the storm drain infrastructure diminishes the ability of the storm drain
infrastructure to effectively and safely convey storm water, thereby creating and threatening to further
exacerbate conditions of extreme peril to the safety of people and property near the damaged
infrastructure; and
WHEREAS, Carlsbad Municipal Code Section 6.04.100(A)(1) empowers the City Manager, as
Director of Emergency Services, or in the City Manager’s absence, the Assistant City Manager, as Acting
City Manager and Acting Director of Emergency Services, to proclaim the existence of a local emergency
when the City Council is not in session and requires the City Council to ratify the proclamation within
seven days thereafter or the proclamation shall have no further force or effect; and
WHEREAS, the City Council was not in session and could not be immediately called into session
on Jan. 7, 2026; and
WHEREAS, on Jan. 7, 2026, the Acting City Manager/Acting Director of Emergency Services
proclaimed a storm-related local emergency for repair of storm drain infrastructure located in the
coastal bluffs near Carlsbad Boulevard and Solamar Drive; and
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WHEREAS, on Jan. 13, 2026, the City Council ratified the proclamation of a storm-related local
emergency for the storm drain infrastructure repair work; and
WHEREAS, on Jan. 27, 2026, Feb. 3, 2026, Feb. 10, 2026, and Feb. 24, 2026, the City Council
continued the proclamation of a storm-related local emergency for the storm drain infrastructure repair
work and determined there is a need to continue the emergency procurement of storm drain repair
work; and
WHEREAS, California Government Code Section 8630(c)&(d) requires the City Council to review
the need for continuing the local emergency at least once every 60 days and to proclaim the termination
of the local emergency at the earliest possible date that conditions warrant; and
WHEREAS, in the case of an emergency, Public Contract Code Sections 22035 and 22050 and
Carlsbad Municipal Code Sections 3.28.110(A) and 3.28.120 provide for an exemption from formal
bidding procedures for emergency construction procurements, and the emergency proclamation allows
the city to utilize the exemption; and
WHEREAS, California Public Contract Code Section 22050(c)(2)&(3) requires the City Council to
determine by a four-fifths vote at every subsequent meeting after the emergency proclamation that
there is a need to continue the emergency procurement action and to terminate the action at the earliest
possible date that conditions warrant; and
WHEREAS, the emergency repair costs are estimated to be $245,000, not including contingency
and other construction support costs, and sufficient funding is available in the Infrastructure
Replacement Fund for the Storm Drain Rehabilitation and Repair Program, Capital Improvement
Program Project No. 6607; and
WHEREAS, on Jan. 15, 2026, the City Manager and State Parks signed a right-of-entry, or ROE
permit, which allowed the contractor to proceed with the emergency work on State Parks property; and
WHEREAS, the contractor Burtech Pipeline, Inc. commenced the emergency work on Jan. 21,
2026, with an estimated completion in March 2026; and
WHEREAS, the contractor determined that access to the site would be better from Solamar Drive
which is slightly different from the path shown in the executed ROE Permit; and
WHEREAS, on Jan. 23, 2026, the Acting City Manager and State Parks signed an amendment to
the ROE permit to depict the revised contractor’s path to access the site; and
WHEREAS, on March 6, 2026, the contractor completed the emergency repair work; and
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WHEREAS, staff request that the City Council terminate the proclamation of a local emergency
and determine there is no need to continue the emergency procurement action.
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 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 proclamation of a local storm-related emergency to repair storm drain
infrastructure in the coastal bluffs near Carlsbad Boulevard and Solamar Drive is
terminated.
4.That there is no need to continue the emergency procurement action to repair damaged
storm drain infrastructure in the coastal bluffs near Carlsbad Boulevard and Solamar
Drive.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of March, 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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