HomeMy WebLinkAbout2026-07-28; City Council; 05; Terminating the Declaration of a Local Emergency Condition in the North Agua Hedionda Interceptor Sewer in the Hedionda Point NeighborhoodCA Review TL
Meeting Date:
To:
From:
Staff Contact:
amanda.flesse@carlsbadca.gov, 442-372-6030
Subject:
Agua Hedionda Interceptor Sewer in the Hedionda Point Neighborhood
District:
Recommended Action
Adopt a resolution terminating the declaration of a local emergency condition in the North
Agua Hedionda Interceptor Sewer in the Hedionda Point neighborhood and determining there
is no need to continue the emergency procurement action.
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, as shown in Exhibit 5. The damage on the 24-inch
diameter pipe presented an imminent danger of leaking sewage into the surrounding soil
and/or complete pipe failure.
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, as shown in Exhibit 4. On July 7, 2026, the City Council
confirmed the emergency declaration and continued the declaration of this emergency
condition on July 21, 2026.
Staff hired a contractor under an emergency repair contract to remove and replace the
damaged pipe segment and an environmental consultant to provide onsite biological and
cultural monitoring and coordination with environmental and regulatory resource agencies.
The work has been substantially completed and the emergency condition has been resolved.
The estimated total cost of the emergency work, including construction management, is
$760,599.
July 28, 2026 Item #5 Page 1 of 12
Docusign Envelope ID: 81959562-332A-8764-82A9-0BE6B4D73217
Staff recommend that the City Council terminate the declaration of the existence of an
emergency condition in the North Agua Hedionda Interceptor Sewer in the Hedionda Point
Neighborhood.
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 24-inch diameter vitrified clay sewer pipe was in the upper part of the
pipeline and classified as a partial pipe collapse. The damage created an opening in the pipe
that was exposed to the surrounding soil, posed 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, and a risk of blockage. This condition could have resulted in sewage spilling 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 and authorized staff to
immediately proceed with the steps necessary to effectuate the repair of the pipe,
provided in Exhibit 4.
•On June 29, 2026, city staff contacted a pipe repair contractor and environmental
consultant and initiated preparatory work.
•On July 7, 2026, the City Council confirmed the declaration of the existence of an
emergency condition and authorized the City Manager to have the emergency repair
performed as quickly as possible using emergency construction procedures rather than
the formal bidding process, as provided in Exhibit 2.
•On July 8, 2026, the City Manager approved a public works contract with TC
Construction, Inc. to perform the emergency repair with an estimated cost of $493,500
and an agreement with RECON Environmental, Inc. for biological and cultural
monitoring with an estimated cost of $47,099.
•On July 21, 2026, the City Council continued the declaration of the existence of an
emergency condition, as provided in Exhibit 3.
•On or about July 24, 2026, the contractor completed the emergency repair work, which
included:
o Installing a temporary sewer bypass system
o Locating the damaged pipeline
o Keeping the work area dry
o Excavating the trench
o Removing and replacing the pipe
o Refilling the hole
o Cleaning up and restoring the site
July 28, 2026 Item #5 Page 2 of 12
Docusign Envelope ID: 81959562-332A-8764-82A9-0BE6B4D73217
Staff request that the City Council terminate the declaration of a local emergency condition in
the North Agua Hedionda Interceptor Sewer in the Hedionda Point Neighborhood and
determine that there is no need to continue the emergency procurement action.
Emergency declaration
The emergency repair work required prompt action to prevent or mitigate the impairment of
health, property or essential public services and the environment. The estimated cost of this
emergency repair work exceeded the formal bidding threshold of $220,000. 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, 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 can 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.
•The City Council confirmed the pipe damage was an emergency condition on July 7,
2026. The staff report that recommended confirmation of the declaration is provided as
Exhibit 2.
•The City Council continued the declaration of the emergency condition on July 21, 2026.
The staff report that recommended continuation is provided as Exhibit 3.
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 California Coastal Commission. Under Public Resources
Code Section 30611, agencies must seek emergency authorization from the Coastal Commission
if they are acting swiftly to protect life and property or fix damaged public infrastructure in a
coastal zone during an emergency.
•On June 19, 2026, city staff contacted Coastal Commission staff to inform them of the
emergency condition and necessary repairs and requested directions 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.
•On July 1, 2026, city staff submitted an emergency permit to Coastal Commission staff.
•City staff responded to communications and scheduled updates from the Coastal
Commission during the repair work.
•On July 20, 2026, city staff notified Coastal Commission staff that the repair work is
expected to be completed July 24, 2026 and that city staff will follow up with requested
emergency repair documentation.
July 28, 2026 Item #5 Page 3 of 12
Docusign Envelope ID: 81959562-332A-8764-82A9-0BE6B4D73217
Fiscal Analysis
There was sufficient funding available for the work in the Sewer System Rehabilitation and
Replacement Capital Improvement Program Project No. 5503, which is funded by the Sewer
Replacement Fund as shown in the table below. Staff did not request additional appropriation.
Funding for Sewer System Rehabilitation and Replacement Program
Capital Improvement Program Project No. 5503
Total available funding $5,980,269
Funding for North Agua Hedionda Interceptor Sewer Emergency Repair
Capital Improvement Program Project No. 5503-28
Construction contract – TC Construction, Inc. -$493,500
Construction contingency (estimated) -$100,000
Construction management, inspection, material testing and support
services (estimated) -$120,000
Environmental/cultural monitoring – RECON Environmental, Inc. -$47,099
Total estimated construction costs -$760,599
Remaining balance after total estimated construction costs $5,219,670
Additional appropriation needed $0
Next Steps
Staff will close out the emergency repair contract and prepare a notice of completion with TC
Construction, Inc. RECON Environmental, Inc. will complete a post-project report on
environmental and cultural monitoring for submittal to the Coastal Commission.
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 proclamation of 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. Staff report from July 21, 2026, City Council Meeting (on file in the Office of the City Clerk)
4. Declaration of Local Emergency dated June 24, 2026
5. Location map
July 28, 2026 Item #5 Page 4 of 12
Docusign Envelope ID: 81959562-332A-8764-82A9-0BE6B4D73217
Exhibit 1
RESOLUTION NO. 2026-162 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TERMINATING THE DECLARATION OF A LOCAL EMERGENCY
CONDITION IN THE NORTH AGUA HEDIONDA INTERCEPTOR SEWER IN THE
HEDIONDA POINT NEIGHBORHOOD AND DETERMINING THERE IS NO NEED
TO CONTINUE THE EMERGENCY PROCUREMENT ACTION
WHEREAS, during a review of closed-circuit television, or CCTV, 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 Hedionda Point neighborhood; and
WHEREAS, the partial pipe collapse on a 24-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 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 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 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 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
July 28, 2026 Item #5 Page 5 of 12
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WHEREAS, on June 22, 2026, California Coastal Commission staff directed city staff to proceed
with repair work and to apply for an emergency coastal development permit, which was submitted on
July 1, 2026; and
WHEREAS, on June 24, 2026, the City Manager declared a local emergency for an emergency
condition resulting from a partial sewer pipe collapse in the North Agua Hedionda Interceptor Sewer
in the Hedionda Point neighborhood; 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 in the North Agua Hedionda
Interceptor Sewer in the Hedionda Point neighborhood, Resolution No. 2026-147; and
WHEREAS, on July 8, 2026, the City Manager awarded a public works contract to TC
Construction, Inc. to perform the emergency repair work in an amount not to exceed $493,500; and
WHEREAS, on July 8, 2026, the City Manager awarded an agreement with RECON
Environmental, Inc. for all onsite biological and cultural monitoring during all excavation activities in an
amount not to exceed $47,099; and
WHEREAS, on July 21, 2026, the City Council reviewed the emergency actions to date and
continued the emergency declaration, Resolution No. 2026-153; and
WHEREAS, the repair work was completed on or about July 24, 2026, and the emergency
condition has been resolved; and
WHEREAS, on July 20, 2026, city staff notified the Coastal Commission staff of expected repair
completion on July 24, 2026 and will follow up with requested emergency repair documentation; 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
July 28, 2026 Item #5 Page 6 of 12
Docusign Envelope ID: 81959562-332A-8764-82A9-0BE6B4D73217
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.
3.That the declaration of a local emergency for an emergency condition resulting from a
partial sewer pipe collapse in the North Agua Hedionda Interceptor Sewer in the
Hedionda Point neighborhood is terminated.
4.That the City Council has determined 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 Agua Hedionda Interceptor Sewer in the Hedionda Point
neighborhood.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 28th 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 28, 2026 Item #5 Page 7 of 12
Docusign Envelope ID: 81959562-332A-8764-82A9-0BE6B4D73217
Exhibit 2
Staff report from July 7, 2026, City Council Meeting
(on file in the Office of the City Clerk)
July 28, 2026 Item #5 Page 8 of 12
Docusign Envelope ID: 81959562-332A-8764-82A9-0BE6B4D73217
Exhibit 3
Staff report from July 21, 2026, City Council meeting
(on file in the Office of the City Clerk)
July 28, 2026 Item #5 Page 9 of 12
Docusign Envelope ID: 81959562-332A-8764-82A9-0BE6B4D73217
Exhibit 4
July 28, 2026 Item #5 Page 10 of 12
Docusign Envelope ID: 81959562-332A-8764-82A9-0BE6B4D73217
July 28, 2026 Item #5 Page 11 of 12
Docusign Envelope ID: 81959562-332A-8764-82A9-0BE6B4D73217
LOCATION MAP
PROJECT NAME PROJECT EXHIBIT
NUMBER
5503-28 5
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
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Exhibit 5
July 28, 2026 Item #5 Page 12 of 12
Docusign Envelope ID: 81959562-332A-8764-82A9-0BE6B4D73217