CA Review TL
Meeting Date: July 28, 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 Agua Hedionda Interceptor Sewer in the Hedionda Point Neighborhood District: 1
Rec
ommended 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 appropriation to date $16,705,475
Total expenditures and encumbrances to date -$10,725,206 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
W
HEREAS, 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 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 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 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 require d 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
Docusign Envelope ID: 81959562-332A-8764-82A9-0BE6B4D73217 W HEREAS, o n 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 i n 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 Ju ly 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 the re 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 Ca rlsbad 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
Staf
f 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
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
ENCINAS
CANNON RD
MONROE
ST
CARLSBAD
VILLAGE DR
MARRON
TAMARACK
AVE
RD
LAKE
CALAVERA
BUENA
VISTA
LAGOON
AGUA
HEDIONDA
LAGOON
BATIQUITOS LAGOON
AVIARA
PKWY
POINSETTIA
LANE
PROJECT SITE
Exhibit 5
July 28, 2026
Item #5 Page 12 of 12
Docusign Envelope ID: 81959562-332A-8764-82A9-0BE6B4D73217