HomeMy WebLinkAbout2026-05-19; City Council; Resolution 2026-094Exhibit 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
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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
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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,
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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)
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