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Home My WebLink About2026-07-21; City Council; 03; Continuing the Declaration of a Local Emergency Condition in the North Agua Hedionda Interceptor Sewer in the Hedionda Point Neighborhood and Authorizing the City ManagerCA Review TL Meeting Date: To: From: Staff Contact: amanda.flesse@carlsbadca.gov, 442-372-6030 Keri Martinez, Utilities Principal Engineer keri.martinez@carlsbadca.gov, 442-200-7376 Subject: Agua Hedionda Interceptor Sewer in the Hedionda Point Neighborhood and Authorizing the City Manager to Direct the Continuation of the Repair Work Using Emergency Construction Procurement Procedures District: Recommended Action Adopt a resolution continuing the declaration of a local emergency condition resulting from a partial pipe collapse in the North Agua Hedionda Interceptor Sewer in the Hedionda Point Neighborhood and authorizing the City Manager to direct the continuation of the repair work using emergency construction procurement procedures. Executive Summary During a review of closed-circuit television inspection records of the city’s main sewer pipelines in June 2026, city staff identified damage to a segment of the North Agua Hedionda Interceptor Sewer in the Hedionda Point neighborhood, about 300 feet west of Cove Drive near the shoreline of the Agua Hedionda Lagoon, as shown in Exhibit 3. The damage on the 24-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 June 24, 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 using emergency construction procurement procedures rather than the formal bidding process. The city hired a contractor and environmental consultant and initiated work on June 29, 2026. On July 7, 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 20168, 22035 and 22050 and Carlsbad Municipal Code Sections 3.28.110(A) and 3.28.120. July 21, 2026 Item #3 Page 1 of 12 Docusign Envelope ID: E1477406-C20B-8845-8213-C7C7A975249A Staff are requesting the City Council to continue the declaration of the existence of an emergency condition and continue to authorize the City Manager to have the repairs performed using emergency construction procurement procedures, as allowed under California Public Contract Code Sections 20168, 22035 and 22050 and Carlsbad Municipal Code Sections 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 Overview The North Agua Hedionda Interceptor Sewer is a 2.8-mile long, 21- and 24-inch diameter gravity sewer pipeline that parallels the northern shore of the Agua Hedionda Lagoon and transports sewage from portions of the city’s northwest and northeast quadrants to the Foxes Landing Sewer Lift Station. 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 or during high tide, causing a risk of blockage. This condition could result in sewage spilling into the surrounding environment. The site is not readily accessible by public roads. Instead, the repair site is accessed via Cove Drive and utility access and sewer easements on private properties. This sewer pipeline is within a city sewer easement, which gives the city access to the site to maintain infrastructure. The city has coordinated a right-of-entry authorization for an additional staging area adjacent to the access easement from this private property owner. The pipe repair work requires installing a temporary sewer bypass system, groundwater monitoring and potential draining, excavation to remove and replace the damaged pipe segment and backfilling and compacting the pipe trench. As part of the emergency repair work, staff are coordinating with the: •California Coastal Commission •Private property owners, temporarily impacted by repairs •A consultant biologist to provide project documentation, and a tribal monitor to provide cultural resources monitoring during excavation activities. The contractor conducted groundwater investigation, potholed the existing pipeline and procured repair materials for the repair work and began excavation for the pipe repair the week of July 13, 2026. Onsite repair work is supervised by the city’s construction management and inspection staff. All work is expected to be completed by July 24, 2026, and potentially sooner. Staff are requesting that the City Council continue the declaration of the existence of an emergency condition and authorize the City Manager to direct the continuation of the repair work to be performed using emergency construction procurement procedures. July 21, 2026 Item #3 Page 2 of 12 Docusign Envelope ID: E1477406-C20B-8845-8213-C7C7A975249A Emergency declaration The emergency repair work requires prompter action to prevent or mitigate the impairment of health, property or essential public services and the environment as compared to what is possible under formal bidding procedures. The estimated cost of this emergency repair work exceeds the formal bidding threshold of $220,000, but the formal bidding process takes approximately four to six months. 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 Sections 20168, 22035, and 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 June 24, 2026, the City Manager declared the existence of a local emergency condition (Exhibit 4). On July 7, 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 2. Staff are requesting that the City Council continue the declaration of the existence of an emergency condition in the North Agua Hedionda Interceptor Sewer in the Hedionda Point neighborhood and authorize the City Manager to direct the continuation of the repair work to be performed using emergency construction procurement procedures. California Coastal Commission Emergency Coastal Development permit The site is within the approximately 100-foot-wide buffer along the state waters of the lagoon that falls under the jurisdiction of the Coastal Commission. Under Public Resources Code Section 30611, agencies must seek emergency authorization from the Coastal Commission if they're acting swiftly to protect life and property or fix damaged public infrastructure in such an area during an emergency. They are required to notify the commission’s Executive Director of the type and location of the work within three days of the emergency or of finding the problem. • City staff contacted Coastal Commission staff on June 19, 2026, informing them of the emergency condition and necessary repairs and requested direction for permitting. • On June 22, 2026, Coastal Commission staff directed city staff to proceed with repair work and to apply for an emergency coastal development permit within seven days of initiating the repair work. • City staff applied for an emergency permit to the Coastal Commission on July 1, 2026. • City staff continue to coordinate with Coastal Commission staff on requested information regarding the repair activities. July 21, 2026 Item #3 Page 3 of 12 Docusign Envelope ID: E1477406-C20B-8845-8213-C7C7A975249A 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 any additional appropriation at this time. Funding available in Sewer System Rehabilitation and Replacement Program, Capital Improvement Program Project No. 5503 Total appropriation to date $16,705,475 Total expenditures and encumbrances to date -$10,125,874 Costs and funding for North Agua Hedionda Interceptor Sewer Emergency Repair Capital Improvement Program Project No. 5503-28 Construction contract (estimated)-$500,000 Construction contingency (estimated)-$100,000 Environmental/cultural monitoring (estimated) -$60,000 Construction management, inspection, material testing and support services (estimated)-$120,000 Next Steps Staff will continue to monitor the contractor’s progress on the emergency repair work, which has an estimated completion of July 24, 2026. Staff will return to the City Council on July 28, 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 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. Staff report from July 7, 2026, City Council Meeting (on file in the Office of the City Clerk) 3. Location map 4. Declaration of Local Emergency July 21, 2026 Item #3 Page 4 of 12 Docusign Envelope ID: E1477406-C20B-8845-8213-C7C7A975249A Exhibit 1 RESOLUTION NO. 2026-153 . 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 IN THE NORTH AGUA HEDIONDA INTERCEPTOR SEWER IN THE HEDIONDA POINT NEIGHBORHOOD AND AUTHORIZING THE CITY MANAGER TO DIRECT THE CONTINUATION OF THE REPAIR WORK USING EMERGENCY CONSTRUCTION PROCUREMENT PROCEDURES WHEREAS, during a review of closed-circuit television inspection of the city’s main sewer pipelines or interceptors in June 2026, city staff identified a partial pipe collapse along the North Agua Hedionda Interceptor Sewer in the in the Hedionda Point neighborhood; 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 24-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 or during high tide 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 hired a contractor and consultant to perform emergency repair work and onsite monitoring; and WHEREAS, the North Agua Hedionda Interceptor Sewer is located within a 15-foot-wide city sewer easement that extends through private properties north of the Auga Hedionda Lagoon shoreline; and WHEREAS, the North Agua Hedionda Interceptor Sewer is located within the California Coastal Commission Coastal Zone and requires an emergency coastal development permit; and 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 July 21, 2026 Item #3 Page 5 of 12 Docusign Envelope ID: E1477406-C20B-8845-8213-C7C7A975249A 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 20168, 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 June 24, 2026, the City Manager declared the existence of a local emergency condition resulting from a partial sewer pipe collapse on the North Agua Hedionda Interceptor Sewer; and WHEREAS, staff hired a contractor and environmental consultant and initiated work on June 29, 2026; and WHEREAS, on July 7, 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 Agua Hedionda Interceptor Sewer; and WHEREAS, staff anticipate emergency repair completion to be on or about July 24, 2026; 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 authorize the City Manager to direct continuation of the necessary repair work to be performed using emergency construction procurement procedures; and 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 July 1, 2026, staff submitted the application for an emergency permit for the emergency repair work to the California Coastal Commission staff. July 21, 2026 Item #3 Page 6 of 12 Docusign Envelope ID: E1477406-C20B-8845-8213-C7C7A975249A 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 June 24, 2026, declaration of a local emergency for an emergency condition resulting from a partial sewer pipe collapse on the North Agua Hedionda Interceptor Sewer is continued. 4.That there is a need to continue the emergency repairs and the City Manager is authorized to direct the continuation of the emergency repairs to be performed, take any directly related and immediate action required by the emergency, and procure the necessary equipment, 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. July 21, 2026 Item #3 Page 7 of 12 Docusign Envelope ID: E1477406-C20B-8845-8213-C7C7A975249A PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 21st day of July, 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) July 21, 2026 Item #3 Page 8 of 12 Docusign Envelope ID: E1477406-C20B-8845-8213-C7C7A975249A Exhibit 2 Staff report from July 7, 2026, City Council Meeting (on file in the Office of the City Clerk) July 21, 2026 Item #3 Page 9 of 12 Docusign Envelope ID: E1477406-C20B-8845-8213-C7C7A975249A LOCATION MAP PROJECT NAME PROJECT EXHIBIT NUMBER 5503-28 3 PROJECT SITE NORTH AGUA HEDIONDA INTERCEPTOR SEWER REPAIR Q:\Public Works\PW Common\Capital Improvement Program Projects\5503 & 3927 Sewer Line Replacement\5503-28 NAHI Sewer Pipe Repair\Design\CAD\NAHI Sewer Pipe Repair Location Map Exh.dwg VICINITY MAP AVECOSTALA BL V D CAR L S B A D RD ALGA PALOMAR AIRPORT RD EL CAMINO RE A L RAN C H O SAN T A F E RD POINS E T T I A LANE ALI C A N T E RD EL FUE R T E OLIVENHAIN RD. MEL R O S E DR. FARADAY COLLEG E BLV D PAS E O DEL NO R T E AVE AVE N I D A ENC I N A S CANNON RD MO N R O E ST CARLS B A D VILLAGE DR MARRON TAMARA C K AVE RD LAKE CALAVERABUEN A VIST A LAGOO N AGUA HEDIONDA LAGOON BATIQUITOS LAGOON AVI A R A PKWY POINSETT I A LANE PROJECT SITE Exhibit 3 July 21, 2026 Item #3 Page 10 of 12 Docusign Envelope ID: E1477406-C20B-8845-8213-C7C7A975249A Exhibit 4 July 21, 2026 Item #3 Page 11 of 12 Docusign Envelope ID: E1477406-C20B-8845-8213-C7C7A975249A July 21, 2026 Item #3 Page 12 of 12 Docusign Envelope ID: E1477406-C20B-8845-8213-C7C7A975249A