CA Review TL
Meeting Date: June 9, 2026
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Amanda Flesse, Utilities Director
[email protected], 442-372-6030
Subject: Terminating the Declaration of a Local Emergency Condition in the North Batiquitos Interceptor Sewer in the Ponto Area
District: 3
Rec
ommended Action
Adopt a resolution 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.
Executive Summary
During a routine closed-circuit television inspection of the city’s main sewer pipelines in April 2026, the city’s asset management consultant identified damage to a segment of the North Batiquitos Interceptor Sewer in the Ponto area.
In response, the City Manager declared the existence of a local emergency condition resulting from the partially collapsed sewer pipe on April 30, 2026, and authorized staff to immediately proceed with the steps necessary to effectuate the repair of the pipe. On May 12, 2026, the City Council confirmed the declaration of the existence of an emergency condition and continued the declaration of this emergency condition on May 19, 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 $686,209.
Staff recommend that the City Council terminate the declaration of the existence of an emergency condition in the North Batiquitos Interceptor Sewer in the Ponto Area.
June 9, 2026
Item #9 Page 1 of 10
Docusign Envelope ID: A58CBE71-F306-8046-8270-44DD5D46801C
Explanation & Analysis
Overview
The North Batiquitos Interceptor Sewer is a 5.2-mile long, 27-inch diameter sewer pipeline that transports sewage from the city’s southernmost sewer basin to the Encina Water Pollution Control Facility the treatment plant. This pipeline extends through the North County Transit District’s right-of-way and is located within the city preserve known as the Poinsettia Station Vernal Pool Preserve, which provides habitat for seven federally listed plant and animal species.
The damage to the sewer pipe created an opening in the pipe that was 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, causing a risk of blockage. This condition could result in sewage spilling into the surrounding environment. • On April 30, 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. • On May 1, 2026, the city issued an emergency coastal development permit for the work, which is subject to the requirements under Carlsbad Municipal Code Section
21.201.190, since the work is within the city’s Local Coastal Zone and qualified as a development that requires a coastal development permit. • On May 12, 2026, the City Council confirmed the declaration of the existence of an emergency condition in the North Batiquitos Interceptor Sewer in the Ponto area 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.
• The City Council continued the declaration of the existence of an emergency condition in the North Batiquitos Interceptor Sewer on May 19, 2026. • The City Manager approved a contract with TC Construction, Inc. on May 12, 2026, to perform the emergency repair in an estimated amount of $465,080 and an agreement with RECON Environmental on May 8, 2026, for biological and cultural monitoring and regulatory permitting in an estimated amount of $121,129. Staff issued notices to proceed on May 13, 2026.
• The contractor began the emergency repair work on May 18, 2026, including installation of a temporary sewer bypass system, potholing the pipe and adjacent utilities, fence removal installation of shoring, trench excavation, pipe removal and replacement and backfill, replacement of excavation of the upper layer of preserve soil layers, and site cleanup and restoration.
The contractor substantially completed the emergency repair work as of June 1, 2026. Staff request that the City Council terminate the declaration of a local emergency condition in the North Batiquitos Interceptor Sewer in the Ponto area and determine that there is no need to continue the emergency procurement action.
June 9, 2026
Item #9 Page 2 of 10
Docusign Envelope ID: A58CBE71-F306-8046-8270-44DD5D46801C 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 Section 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 May 12, 2026. The staff report that recommended confirmation of the declaration is provided as Exhibit 3.
• The City Council continued the declaration of emergency conditions on May 19, 2026.
The staff report that recommended continuation is provided as Exhibit 4.
Fiscal Analysis
Sufficient funding is 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 are not requesting additional appropriation at this time.
Funding for Sewer System Rehabilitation and Replacement Program Capital Improvement Program Project No. 5503
Funding for North Batiquitos Interceptor Sewer Emergency Repair Capital Improvement Program Project No. 5503-27
Total appropriation to date $14,426,475
Total expenditures and encumbrances to date -$8,036,601 Total available funding $6,389,874
Construction contract – TC Construction, Inc. -$465,080 Construction contingency (estimated) -$100,000
Construction management, inspection, material testing and support services – RECON Environmental -$121,129
Total estimated construction costs -$686,209
Remaining balance after total estimated construction costs $5,703,665 Additional appropriation needed $0
June 9, 2026
Item #9 Page 3 of 10
Docusign Envelope ID: A58CBE71-F306-8046-8270-44DD5D46801C Next Steps
Staff will close out the emergency repair contract and prepare a notice of completion with TC Construction, Inc. RECON Environmental will complete a post-project report and submit it to the environmental permitting agencies.
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. Location map
3. Staff Report from May 12, 2026, City Council meeting (on file in the Office of the City Clerk)
4. Staff Report from May 19, 2026, City Council meeting (on file in the Office of the City Clerk) June 9, 2026
Item #9 Page 4 of 10
Docusign Envelope ID: A58CBE71-F306-8046-8270-44DD5D46801C Exhibit 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 A ND
DETERMINING THE RE IS NO NEED TO CONTINUE THE EMERGENCY
PROCUREMENT ACTION
W
HEREAS, 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 present ed 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 exceed ed 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 publ ic 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 i n the North Batiquitos Interceptor Sewer in the Ponto Area (Attachment A); and
June 9, 2026
Item #9 Page 5 of 10
Docusign Envelope ID: A58CBE71-F306-8046-8270-44DD5D46801C 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.
N
OW, 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 em ergency 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 emer gency and the emergency coastal development permit.
June 9, 2026
Item #9 Page 6 of 10
Docusign Envelope ID: A58CBE71-F306-8046-8270-44DD5D46801C
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)
June 9, 2026
Item #9 Page 7 of 10
Docusign Envelope ID: A58CBE71-F306-8046-8270-44DD5D46801C
LOCATION MAP
VICINITY MAP
AVECOSTA
LA
BLVD
CARLSBAD
RD
ALGA
PALOMAR
AIRPORT
RD
EL
CAMINO
REAL
RANCHO
SANTA FE
RD
POINSETTIA
LANE
ALICANTE
RD
EL
FUERTE
OLIVENHAIN RD.
MELROSE
DR.
FARADAY
COLLEGE
BLVD
PASEO
DEL
NORTE
AVE
AVENIDA
ENCI
NAS
CANNON RD
MONROE
ST
CARLSBAD
VILLAGE DR
MARRON
TAMARACK
AVE
RD
LAKE
CALAVERA
LAGOON
AGUA
HEDIONDA
LAGOON
BATIQUITOS LAGOON
AVIARA
PKWY
POINSETTIA
LANE
PROJECT NAME PROJECT EXHIBIT
NUMBER
PROJECT SITE
5503-27 2
PROJECT SITE
NORTH BATIQUITOS INTERCEPTOR
PONTO SEWER PIPE REPAIR
\\files01v\Departments\Public Works\PW Common\Capital Improvement Program Projects\5503 & 3927 Sewer Line Replacement\5503-27 NBI Ponto Sewer Pipe Repair\Design\CAD\Ponto Sewer Pipe Repair Location Map Exh.dwg Exhibit 2
June 9, 2026
Item #9 Page 8 of 10
Docusign Envelope ID: A58CBE71-F306-8046-8270-44DD5D46801C Exhibit 3
Staff Report from May 12, 2026, City Council meeting
(on file in the Office of the City Clerk)
June 9, 2026
Item #9 Page 9 of 10
Docusign Envelope ID: A58CBE71-F306-8046-8270-44DD5D46801C Exhibit 4
S
taff Report from May 19, 2026, City Council meeting
(on file in the Office of the City Clerk)
June 9, 2026
Item #9 Page 10 of 10
Docusign Envelope ID: A58CBE71-F306-8046-8270-44DD5D46801C