HomeMy WebLinkAbout2026-06-09; City Council; Resolution 2026-110Exhibit 1
RESOLUTION NO. 2026-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
TERMINATING THE DECLARATION OF A LOCAL EMERGENCY CONDITION IN
THE NORTH BATIQUITOS INTERCEPTOR SEWER IN THE PONTO AREA AND
DETERMINING THERE IS NO NEED TO CONTINUE THE EMERGENCY
PROCUREMENT ACTION
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, the partial pipe collapse on a 27-inch diameter vitrified clay pipe presented 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 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, 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 in the North Batiquitos Interceptor Sewer in the
Ponto Area (Attachment A); and
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WHEREAS, on May 12, 2026, the City Manager awarded a contract to TC Construction Company
to perform the emergency repair work in an amount not to exceed $465,080; and
WHEREAS, on May 8, 2026, the City Manager awarded an agreement with RECON Environmental
for all onsite biological monitoring during all repair activities and for cultural monitoring during all
excavation activities in an amount not to exceed $121,129; 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 in the North Batiquitos Interceptor
Sewer in the Ponto Area, Resolution No. 2026-090; and
WHEREAS, on May 19, 2026, the City Council reviewed the emergency actions to date and
continued the emergency declaration, Resolution No. 2026-094; and
WHEREAS, the repair work was completed on June 1, 2026, and the emergency conditions have
been resolved; and
WHEREAS, California Public Contract Code Section 22050 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.
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 public health, safety or welfare and other
specific actions necessary to prevent or mitigate an emergency. The statutory exemption
covers both the proclamation of emergency and the emergency coastal development
permit.
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3.That the declaration of a local emergency for an emergency condition resulting from a
partial sewer pipe collapse in the North Batiquitos Interceptor Sewer in the Ponto Area is
terminated.
4.That there is no need to continue the emergency procurement action to complete the
emergency repairs resulting from a partial pipe collapse of the North Batiquitos
Interceptor Sewer in the Ponto area.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad, California on the 9th day of June, 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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