Exhibit 1
RESOLUTION NO. 2026-172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
CONFIRMING THE DECLARATION OF A LOCAL EMERGENCY TO ADDRESS BLUFF
EROSION NORTH OF THE ENCINAS CREEK BRIDGE ON THE WEST SIDE OF
CARLSBAD BOULEVARD AND AUTHORIZING THE CITY MANAGER TO DIRECT
THE EMERGENCY WORK TO BE PERFORMED USING EMERGENCY
CONSTRUCTION PROCUREMENT PROCEDURES
WHEREAS, a section of coastal bluff erosion along the west side of southbound Carlsbad Boulevard, north of the bridge at Las Encinas Creek was identified by city staff during routine inspections on June 25, 2026; and
WHEREAS, while staff assessed the cause, impacts, and options for addressing the erosion, staff began regularly monitoring the area for further bluff movement and placed orange cones along the area to alert the public to potential bluff instability; and
WHEREAS, the following week in July 2026, staff applied asphalt treatment in ¼- to ½-inch width pavement cracks to stabilize the road and prevent moisture from getting into the pavement; and WHEREAS, in mid-July 2026, staff engaged an independent geotechnical consulting firm to perform a site investigation and provide recommendations for further action related to bluff erosion in this area; and
WHEREAS, on Aug. 13, 2026, the National Weather Service Climate Prediction Center issued a statement indicating a greater than 90 percent chance of a very strong El Niño forecast for fall and winter 2026-27; and
WHEREAS, on Aug. 19, 2026, staff noted minor changes in the pavement cracks and applied additional asphalt treatment in the cracks; and
WHEREAS, on Aug. 27, Aug. 31, and Sept. 4, 2026, staff met with California Coastal Commission staff to discuss the bluff erosion, proposed emergency work, including the placement of additional rock boulders, or revetment, north of existing revetment, and an application for an emergency coastal development permit; and
WHEREAS, on Sept. 8, 2026, the geotechnical consulting firm provided the city with a technical memorandum confirming the potential for the bluff erosion to affect the integrity of southbound Carlsbad Boulevard and recommending extending the existing rock revetment approximately 192 feet north for bluff and shoreline protection, which could be lengthened depending on the conditions observed when the revetment is installed; and
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WHEREAS, continuing bluff erosion is not new to the North San Diego County region, especially along this section of Carlsbad Boulevard; and
WHEREAS, past experience confirms immediate emergency work is needed to permit the continued operation of southbound Carlsbad Boulevard and avoid danger to life and property; and WHEREAS, California Coastal Commission staff are reviewing the placement of approximately 192 linear feet of additional revetment for bluff and shoreline protection as an emergency action under California Public Resources Code Section 30611, subject to the filing of an Application for Emergency Permit within seven days of taking emergency action; and WHEREAS, staff submitted an Application for Emergency Permit to the California Coastal Commission on Sept. 9, 2026; and
WHEREAS, the estimated cost of the emergency work exceeds the formal bidding threshold, and the formal bidding process takes approximately four to six months; and WHEREAS, given the very strong El Niño forecast for fall and winter 2026-27 and the impact to the integrity of southbound Carlsbad Boulevard, the bluffs along the west side of southbound Carlsbad Boulevard, north of the bridge at Las Encinas Creek, require immediate emergency work prompter than formal bidding allows to ensure continued operation of essential public services and prevent or mitigate potential impairment of health, property and/or the surrounding environment; and WHEREAS, the City of Carlsbad follows the procurement procedures in the California Public Contract Code and the Carlsbad Municipal Code; and
WHEREAS, in the case of an emergency condition like bluff erosion threatening the integrity of a heavily traveled roadway, 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 public infrastructure, 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 authority to 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, funding is available for the emergency work in the Carlsbad Boulevard Emergency Repair, Capital Improvement Program Project No. 6063.
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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, Sections 21080(b)(2) and (4) and CEQA Guidelines Sections 15269(b) and (c), which apply to emergency repairs to publicly owned facilities necessary to maintain service essential to public health, safety or welfare and other specific actions necessary to prevent or mitigate an emergency.
3.That the City Manager’s declaration of a local emergency to address the bluff erosion north of the Encinas Creek Bridge on the west side of Carlsbad Boulevard dated Sept. 9, 2026, attached hereto as Attachment A, is confirmed.
4.That the City Manager is authorized to direct the required emergency work to be performed, take any directly related and immediate action required by the emergency, including the filing or issuance of any permits, and procure the necessary equipment, services, and supplies for these purposes, using emergency 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 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.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of September, 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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Declaration of Local
Elllergency
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
FOR AN EMERGENCY CONDITION RESULTING FROM BLUFF EROSION NORTH OF THE ENCINAS
CREEK BRIDGE ON THE WEST SIDE OF CARLSBAD BOULEVARD
WHEREAS, a section of coastal bluff erosion along the west side of southbound Carlsbad Boulevard, north of the bridge at Las Encinas Creek was identified by city staff during routine inspections on June 25, 2026; and
WHEREAS, while staff assessed the cause, impacts, and options for addressing the erosion, staff began regularly monitoring the area for further bluff movement and placed orange cones along the area to alert the public to potential bluff instability; and WHEREAS, the following week in July 2026, staff applied asphalt treatment in¼-to ½-inch width pavement cracks to stabilize the road and prevent moisture from getting into the pavement; and
WHEREAS, in mid-July 2026, staff engaged an independent geotechnical consulting firm to perform a site investigation and provide recommendations for further action related to bluff erosion in this area; and
WHEREAS, on August 13, 2026, the National Weather Service Climate Prediction Center issued a statement indicating a greater than 90% chance of a very strong El Nino forecast for fall and winter 2026-27; and
WHEREAS, on August 19, 2026, staff noted minor changes in the pavement cracks and applied additional asphalt treatment in the cracks; and WHEREAS, on August 27, August 31, and September 4, 2026, staff met with California Coastal Commission staff to discuss the bluff erosion, proposed emergency work, including the placement of additional rock boulders, or revetment, north of existing revetment, and an application for an emergency coastal development permit; and WHEREAS, on September 8, 2026, the geotechnical consulting firm provided the city with a technical memorandum confirming the potential for the bluff erosion to affect the integrity of southbound Carlsbad Boulevard and recommending extending the existing rock revetment approximately 192 feet north for bluff and shoreline protection; and WHEREAS, continuing bluff erosion is not new to the North San Diego County region, especially along this section of Carlsbad Boulevard; and WHEREAS, past experience confirms immediate emergency work is needed to permit the continued operation of southbound Carlsbad Boulevard and avoid danger to life and property; and
Attachment A
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