HomeMy WebLinkAbout2026-05-19; City Council; 02; Continuing the Declaration of a Local Emergency Condition in the North Batiquitos Interceptor Sewer in the Ponto Area and Authorizing the Continued Repair Using EmergencyCA Review TL
Meeting Date: May 19, 2026
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Amanda L. Flesse, Utilities Director
amanda.flesse@carlsbadca.gov, 442-339-5485
Keri Martinez, Utilities Principal Planner
keri.martinez@carlsbadca.gov, 442-200-7376
Subject: Continuing the Declaration of a Local Emergency Condition in the North
Batiquitos Interceptor Sewer in the Ponto Area and Authorizing the
Continued Repair Using Emergency Construction Procurement
Procedures
District: 3
Recommended Action
Adopt a resolution continuing the declaration of a local emergency condition resulting from a
partial pipe collapse on the North Batiquitos Interceptor Sewer in the Ponto Area and
authorizing the continued repair work using emergency construction procurement procedures.
Executive Summary
During a routine closed-circuit television inspection of the city’s main sewer pipelines in April
2026, the city’s asset management consultant identified damage to a segment of the North
Batiquitos Interceptor Sewer in the Ponto area, at the location identified in Exhibit 2. The
damage on the 27-inch diameter pipe presents an imminent danger of leaking sewage into the
surrounding soil and/or of a complete pipe failure that could result in a sewage spill into the
surrounding environment.
On April 30, 2026, the City Manager declared the existence of a local emergency condition
resulting from the partially collapsed sewer pipe, authorizing staff to immediately proceed with
the necessary steps to repair the pipe as swiftly as possible using emergency construction
procurement procedures rather than the formal bidding process.
On May 12, 2026, the City Council confirmed the emergency declaration and authorized the
City Manager to have the repairs performed using emergency construction procurement
procedures, as allowed under California Public Contract Code Sections 22035 and 22050 and
Carlsbad Municipal Code Sections 3.28.110(A) and 3.28.120.
May 19, 2026 Item #2 Page 1 of 12
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Staff anticipate the contractor will start onsite repair work under supervision by the city’s
construction management and inspection staff and with onsite monitoring by a qualified
biologist and as-needed cultural and archeological monitors on May 18, 2026.
Staff are requesting that the City Council continue the declaration of the existence of an
emergency condition in the North Batiquitos Interceptor Sewer in the Ponto Area and continue
to authorize the City Manager to have the emergency repairs performed using emergency
construction procurement procedures, in accordance with Carlsbad Municipal Code Section
3.28.110(A).
A four-fifths vote is required under Carlsbad Municipal Code Section 3.28.120 and California
Public Contract Code Section 22050.
Explanation & Analysis
Background
The North Batiquitos Interceptor Sewer is a 5.2-mile long, 27-inch diameter sewer pipeline that
transports sewage from the city’s southernmost sewer basin to the Encina Water Pollution
Control Facility, the treatment plant. The pipeline repair site is located approximately 3/4-mile
south of the Encina treatment plant. The damage to the sewer pipe is in the upper part of the
pipeline and classified as a partial pipe collapse. The damage created an opening in the pipe
that is exposed to the surrounding soil, posing an imminent danger of leaking sewage under
high sewer flow conditions, and/or soil entering the opening in a heavy storm, causing a risk of
blockage. This condition could result in sewage spilling into the surrounding environment.
The section of sewer pipe to be repaired is located within the North County Transit District, or
NCTD, right-of-way and within the city’s 15-foot wide city sewer easement, which is located
between the Waters End pedestrian trail to the east and the NCTD train tracks to the west, just
north of Poinsettia Lane and west of Sand Shell Avenue. Staff have coordinated right-of-entry
with NCTD and provided notification to the Waters End residential community for construction
access through the utility access easement in the southernmost area in their community.
Temporary pedestrian trail
closure has also been
communicated to the community
and trail users to facilitate access,
expediate work and provide
safety.
Additionally, staff are
coordinating work with the city’s
Habitat Management Plan
manager for communication with
regional resource agencies and
other utilities located near the
damaged area.
May 19, 2026 Item #2 Page 2 of 12
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Emergency declaration
Public projects that cost more than $220,000 require formal bidding procedures under the
California Uniform Public Construction Cost Accounting Act. However, those procedures can
take up to six months and the failure in the channel required more immediate action to prevent
or mitigate the loss or impairment of life, health, property or essential public services.
Carlsbad Municipal Code Section 3.28.110(A) implements California Public Contract Code
Section 22035, which provides for an exemption from formal bidding procedures for emergency
construction procurements. To use the emergency exemption, Carlsbad Municipal Code Section
3.28.120 and California Public Contract Code Section 22050 allow the City Manager to declare a
local emergency so that staff may then immediately proceed with the repair work without
following the formal bidding procedures. The declaration is subject to confirmation by a four-
fifths vote of the City Council at its next regularly scheduled meeting.
On April 30, 2026, the City Manager declared the existence of a local emergency condition.
On May 12, 2026, City Council adopted the declaration and authorized the City Manager to
proceed with the emergency repair work without the formal bidding procedures. The staff
report that recommended the determination is provided as Exhibit 3.
Staff anticipate the contractor will start onsite repair work under supervision by the city’s
construction management and inspection staff and with onsite monitoring by a qualified
biologist and as-needed cultural and archeological monitors on May 18, 2026. The contractor
expects to complete the emergency repair work by May 29, 2026.
Staff are requesting that the City Council continue the declaration of the existence of an
emergency condition in the North Batiquitos Interceptor Sewer in the Ponto Area and continue
the authorization for the City Manager to direct the repair work to be performed using
emergency construction procurement procedures.
Fiscal Analysis
Sufficient funding is available for the work in the Sewer System Rehabilitation and
Replacement, Capital Improvement Program Project No. 5503, funded by the Sewer
Replacement Fund as shown in the table below. Staff are not requesting additional
appropriation at this time.
Funding available in Sewer System Rehabilitation and Replacement Program,
Capital Improvement Program Project No. 5503
Total appropriation to date $14,426,475
Total expenditures and encumbrances to date -$8,150,403
Total available funding $6,276,072
May 19, 2026 Item #2 Page 3 of 12
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Costs and funding for North Batiquitos Interceptor Sewer Emergency Repair
Capital Improvement Program Project No. 5503-27
Construction contract (estimated) -$500,000
Construction contingency (estimated) -$100,000
Environmental/Cultural monitoring (estimated) -$121,000
Construction management, inspection, material testing and support
services (estimated) -$120,000
Total estimated construction costs -$841,000
Remaining balance after total estimated construction costs $5,435,072
Additional appropriation needed $0
Carlsbad Municipal Code Section 3.28.040(C)(5) authorizes the City Manager or designee to
approve change orders in an amount equal to the contingency set at the time of the project is
awarded, which, for this project, is estimated at $100,000.
Next Steps
Staff will continue to monitor the contractor’s progress on the emergency repair work, which
has an estimated completion of May 29, 2026.
Staff will return to the City Council on June 9, 2026, to review the emergency action and ask the
City Council to determine by a four-fifths vote whether there is a need to continue it.
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 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 services essential to the public health,
safety or welfare and other specific actions necessary to prevent or mitigate an emergency. The
statutory exemption covers both the declaration of local emergency and the emergency coastal
development permit.
Exhibits
1.City Council resolution
2.Location map
3.Staff report from May 12, 2026 (on file in the Office of the City Clerk)
4.Declaration of Local Emergency
May 19, 2026 Item #2 Page 4 of 12
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Exhibit 1
RESOLUTION NO. 2026-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONTINUING THE DECLARATION OF A LOCAL EMERGENCY
CONDITION RESULTING FROM A PARTIAL PIPE COLLAPSE ON THE NORTH
BATIQUITOS INTERCEPTOR SEWER IN THE PONTO AREA AND AUTHORIZING
THE CONTINUED REPAIR WORK USING EMERGENCY CONSTRUCTION
PROCUREMENT PROCEDURES
WHEREAS, during a routine closed-circuit television, or CCTV, inspection of the city’s main sewer
pipelines or interceptors in April 2026, the city’s asset management consultant identified a partial pipe
collapse along the North Batiquitos Interceptor Sewer in the Ponto area; and
WHEREAS, under existing normal pipe flow conditions sewage is being conveyed through the
existing damaged pipe; and
WHEREAS, the partial pipe collapse on a 27-inch diameter vitrified clay pipe presents an imminent
danger of leakage of sewage into the surrounding soil under high sewer flow, and/or soil entering the pipe
break under heavy storm infiltration with a risk of blockage, and/or full pipe failure that could result in a
sewage spill into the surrounding environment; and
WHEREAS the city has contracted with a contractor and consultants to perform emergency repair
work and onsite monitoring; and
WHEREAS, the North Batiquitos Interceptor Sewer in the Ponto area is located within a 15-foot-
wide city sewer easement within the North County Transit District right-of-way, and city and contractors
obtained the required a right-of-entry permit, safety training and protocols for working near railways; and
WHEREAS, the North Batiquitos Interceptor Sewer is located within a protected habitat
management plan preserve, the Poinsettia Station Vernal Pool Preserve, which includes highly sensitive
and protected habitat and federally listed endangered species requiring minimization of construction
impacts on the preserve; and
WHEREAS, the city contracted a qualified biologist for all onsite biological monitoring during all
repair activities and for cultural monitoring during all excavation activities; and
WHEREAS, the North Batiquitos Interceptor Sewer is located within the city’s Local Coastal Zone
and requires a coastal development permit; and
WHEREAS, a 12-inch diameter high-pressure gas pipeline crosses the North Batiquitos Interceptor
near the repair location and requires field location, protection and onsite monitoring; and
May 19, 2026 Item #2 Page 5 of 12
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WHEREAS, the partial pipe collapse poses a clear and imminent danger and requires immediate
repair work, including temporarily bypassing the sewer flow; excavating, removing, and replacing the pipe
segment; reconnecting and testing the repair; and restoring the site; 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 would take
approximately four to six months; and
WHEREAS, the repair work requires prompter action than formal bidding allows to permit the
continued conduct of the operation of essential public services and prevent or mitigate the potential
impairment of life, health, property or the environment; 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 an 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 and 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, the City Council has
delegated the authority to declare a public emergency and authorize emergency repairs to the City
Manager, subject to review by the City Council by a four-fifths vote at its next regularly scheduled meeting
not later than 14 days afterwards; and
WHEREAS, on April 30, 2026, the City Manager declared a local emergency for an emergency
condition resulting from a partial sewer pipe collapse on the North Batiquitos Interceptor Sewer in the
Ponto Area; and
WHEREAS, on May 12, 2026, the City Council confirmed the declaration of a local emergency for
an emergency condition resulting from a partial sewer pipe collapse on the North Batiquitos Interceptor
Sewer in the Ponto Area; and
WHEREAS, continuing the emergency declaration must be confirmed by a four-fifths vote of the
City Council at its next regularly scheduled meeting; and
WHEREAS, staff request that the City Council continue the declaration of a local emergency
condition and continue to authorize the City Manager to direct the necessary repair work to be performed
using emergency construction procurement procedures; and
May 19, 2026 Item #2 Page 6 of 12
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WHEREAS, the emergency repair is estimated to cost approximately $500,000, not including
contingency and other construction support costs; and
WHEREAS, sufficient funding is available in the Sewer Rehabilitation and Replacement Program,
Capital Improvement Program Project No. 5503; and
WHEREAS, on May 1, 2026, the Assistant Director of Community Development issued an
emergency coastal development permit CDP 2026-0021 (PUB2026-0009), subject to the authority and
requirements under Carlsbad Municipal Code Section 21.201.190 and is reported through the staff report
for City Council information; and
WHEREAS on May 5, 2026, the city filed a Notice of Exemption with the County of San Diego in
compliance with Section 21152b of the Public Resources Code (CEQA) on May 5, 2026; and
WHEREAS, on May 18, 2026, the contractor started onsite emergency repair work with an
expected completion by May 29, 2026.
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 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 services essential to the public health, safety or welfare and other
specific actions necessary to prevent or mitigate an emergency. The statutory exemption
covers both the declaration of local emergency and the emergency coastal development
permit.
3.That the City Manager’s April 30, 2026, declaration of a local emergency for an emergency
condition resulting from a partial sewer pipe collapse on the North Batiquitos Interceptor
Sewer in the Ponto Area is continued.
4.That there is a need to continue the emergency repairs and the City Manager is authorized
to continue to direct the emergency repairs to be performed, take any directly related and
immediate action required by the emergency, and procure the necessary equipment,
May 19, 2026 Item #2 Page 7 of 12
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services, and supplies for these purposes, using emergency construction procurement
procedures.
5.That the City Manager or designee is authorized to sign all other documents necessary for
regulatory compliance, to extend funding opportunities, or to otherwise implement and
finalize the emergency repair work, all of which are subject to review and approval as to
form by the City Attorney’s Office.
6.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.
7.That the City Council acknowledges receipt of the emergency coastal development permit
for the emergency repair work that was issued by the Assistant Director of Community
Development on May 1, 2026.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 19th day of May, 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)
May 19, 2026 Item #2 Page 8 of 12
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LOCATION MAP
VICINITY MAP
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PROJECT NAME PROJECT EXHIBIT
NUMBER
PROJECT SITE
5503-27 2
PROJECT SITE
NORTH BATIQUITOS INTERCEPTOR
PONTO SEWER PIPE REPAIR
\\files01v\Departments\Public Works\PW Common\Capital Improvement Program Projects\5503 & 3927 Sewer Line Replacement\5503-27 NBI Ponto Sewer Pipe Repair\Design\CAD\Ponto Sewer Pipe Repair Location Map Exh.dwg
Exhibit 2
May 19, 2026 Item #2 Page 9 of 12
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Exhibit 3
Staff report from May 12, 2026
(on file in the Office of the City Clerk)
May 19, 2026 Item #2 Page 10 of 12
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Exhibit 4
May 19, 2026 Item #2 Page 11 of 12
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May 19, 2026 Item #2 Page 12 of 12
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