HomeMy WebLinkAbout2026-07-28; City Council; Resolution 2026-162Exhibit 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
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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
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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)
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