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Home My WebLink About2026-07-21; City Council; Resolution 2026-153Exhibit 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