HomeMy WebLinkAbout2026-03-10; Municipal Water District; Resolution 1799Exhibit 2
RESOLUTION NO. 1799 .
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL
WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, TERMINATING 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 THERE IS NO NEED
TO CONTINUE THE EMERGENCY PROCUREMENT ACTION
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 exceeded 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 required prompter action than formal bidding process 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 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
has delegated the authority to authorize emergency repairs to the Executive Manager, subject to review
by the CMWD Board 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 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 CMWD Board confirmed the emergency declaration; and
WHEREAS, on Feb. 24, 2026, the CMWD Board continued the emergency declaration; and
WHEREAS, the repair work was completed on Feb. 27, 2026, and the emergency condition has
been resolved; and
WHEREAS, California Public Contract Code Section 22050(c)(2)&(3) requires the CMWD Board to
determine by a four-fifths vote at every subsequent meeting after the emergency declaration 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, staff request that the CMWD Board terminate the declaration of a local emergency
and determine there is no need to continue emergency procurement action; and
WHEREAS, sufficient funding is available for the emergency repairs.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water
District 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 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 terminated.
4.That there is no 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.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Board of Directors of the
Carlsbad Municipal Water District of the City of Carlsbad, California, and the City Council of the City
of Carlsbad, California, 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, President
______________________________________
SHERRY FREISINGER, Secretary
(SEAL)
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