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HomeMy WebLinkAbout2026-03-10; City Council; 05; 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 RealCA Review CKM Meeting Date: March 10, 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: 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 District: 1 Recommended Actions 1)Adopt a City Council resolution 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; and 2)Adopt a Carlsbad Municipal Water District Board of Directors resolution 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. 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 Executive Manager to declare a local emergency.1 The work has been completed, and the emergency condition has been resolved. The estimated total cost of the emergency work, including construction management, is $695,000. Staff are now requesting the City Council and CMWD Board’s termination of the declaration of the local emergency and determine there is no need to continue the emergency procurement action. 1 The City Manager also serves as the CMWD’s Executive Manager. March 10, 2026 Item #5 Page 1 of 13 Docusign Envelope ID: BFEABA63-74DD-4A1E-9EF6-EDE2A15DE7F5 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 for formal bidding 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 formal bidding process 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. • On Jan. 31, 2026, the City Manager/Executive Manager declared a local emergency to expedite emergency repairs to the damaged water main and roadway infrastructure, as shown in Exhibit 3. • On Feb. 10, 2026, the City Council and CMWD Board each unanimously confirmed the emergency declaration, as shown in Exhibit 4. • On Feb. 24, 2026, the City Council and CMWD Board continued the emergency declaration and determined there is a need to continue the emergency procurement, as shown in Exhibit 5. • On Feb. 27, 2026, the contractor completed the emergency repair work. Including construction management services, the emergency repair work estimated final cost is $695,000. March 10, 2026 Item #5 Page 2 of 13 Docusign Envelope ID: BFEABA63-74DD-4A1E-9EF6-EDE2A15DE7F5 Fiscal Analysis Sufficient funding is available for the emergency work in the Water Replacement Fund, and no additional funding is being requested. Next Steps Upon termination of the emergency declaration, staff will close out the contract with the contractor and prepare a notice of completion. Staff will complete a post-project report and submit it to the environmental permitting agencies. 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. Carlsbad Municipal Water District 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) 5. Staff report from Feb. 24, 2026 (on file in the Office of the City Clerk) Water System Rehabilitation and Replacement Program Capital Improvement Program Project No. 3904 Water Main Break and Sinkhole at Carlsbad Village Drive and El Camino Real Total appropriation to date $22,058,366 Total expenditures and encumbrances to date -$9,166,838 Total available funding $12,891,528 Construction contract with DMI (estimated) -$675,000 Construction management, inspection, material testing and support services (estimated) -$20,000 Total estimated construction costs -$695,000 Remaining balance after total estimated construction costs $12,196,528 Additional appropriation needed $0 March 10, 2026 Item #5 Page 3 of 13 Docusign Envelope ID: BFEABA63-74DD-4A1E-9EF6-EDE2A15DE7F5 Exhibit 1 RESOLUTION NO. 2026-052 . A RESOLUTION OF THE CITY COUNCIL 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 the formal bidding process 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 March 10, 2026 Item #5 Page 4 of 13 Docusign Envelope ID: BFEABA63-74DD-4A1E-9EF6-EDE2A15DE7F5 WHEREAS, on Jan. 31, 2026, the City 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, on Feb. 24, 2026, the City Council 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 City Council to determine by a four-fifths vote at every subsequent regular 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 City Council terminate the declaration of a local emergency and determine there is no need to continue the emergency procurement action; and WHEREAS, sufficient funding is available for 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 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. March 10, 2026 Item #5 Page 5 of 13 Docusign Envelope ID: BFEABA63-74DD-4A1E-9EF6-EDE2A15DE7F5 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City Council of the City of Carlsbad, California, and the Board of Directors of the Carlsbad Municipal Water District 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, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) March 10, 2026 Item #5 Page 6 of 13 Docusign Envelope ID: BFEABA63-74DD-4A1E-9EF6-EDE2A15DE7F5 Exhibit 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 March 10, 2026 Item #5 Page 7 of 13 Docusign Envelope ID: BFEABA63-74DD-4A1E-9EF6-EDE2A15DE7F5 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. March 10, 2026 Item #5 Page 8 of 13 Docusign Envelope ID: BFEABA63-74DD-4A1E-9EF6-EDE2A15DE7F5 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) March 10, 2026 Item #5 Page 9 of 13 Docusign Envelope ID: BFEABA63-74DD-4A1E-9EF6-EDE2A15DE7F5 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 March 10, 2026 Item #5 Page 10 of 13 Docusign Envelope ID: BFEABA63-74DD-4A1E-9EF6-EDE2A15DE7F5 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 March 10, 2026 Item #5 Page 11 of 13 Docusign Envelope ID: BFEABA63-74DD-4A1E-9EF6-EDE2A15DE7F5 Exhibit 4 Staff report from Feb. 10, 2026 (on file in the Office of the City Clerk) March 10, 2026 Item #5 Page 12 of 13 Docusign Envelope ID: BFEABA63-74DD-4A1E-9EF6-EDE2A15DE7F5 Exhibit 5 Staff report from Feb. 24, 2026 (on file in the Office of the City Clerk) March 10, 2026 Item #5 Page 13 of 13 Docusign Envelope ID: BFEABA63-74DD-4A1E-9EF6-EDE2A15DE7F5