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BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Update on the Atmospheric River Emergency and Determination that the Emergency Conditions Continue to Constitute an Emergency.
End
RECOMMENDATION:
Recommendation
A. Receive an update on the March 9, 2023, Atmospheric River Emergency; and
B. Determine by a four-fifths vote of the Board that there is a need to continue the emergency action declared by the Chief Executive Officer (CEO) on March 9, 2023, pursuant to California Public Contract Code §22050 to address the flood emergency.
Body
SUMMARY:
According to Public Contract Code §22050, in order for the emergency action to remain in place, the Board must determine, by four-fifths vote at every regularly scheduled Board meeting until the emergency action is terminated, that there is a need to continue the emergency action; this agenda item recommends the Board make such a finding.
Pursuant to Resolution No. 05-67, the Santa Clara Valley Water District (Valley Water) Board of Directors delegated authority to the CEO to declare emergencies pursuant to certain conditions meeting statutory requirements.
BACKGROUND:
On March 9, 2023, the CEO declared that due to current and forecasted conditions, which includes up to 10 inches of precipitation in parts of Santa Clara County over the next three days, with potential of flooding in Uvas Creek, W. Little Llagas Creek and other creeks throughout the county, a flood emergency condition existed and is expected to persist throughout Valley Water’s jurisdiction. Watershed conditions remain saturated from recent rainfall and several reservoirs are either currently spilling or at risk of spilling. Bank erosion on several creeks and the predicted high winds poses additional risk of debris and trees falling into the creeks.
The emergency conditions necessitating the CEO’s declaration continue to exist as additional atmospheric rivers are expected to continue moving through Valley Water’s jurisdiction at various times during the next two weeks. Additional rainfall from the next atmospheric river(s) is likely to result in additional, ongoing flooding, resulting in the need for Valley Water staff to continue emergency response actions and cleanup activities following these significant storm events.
The Board’s Governance Policies contain an Executive Limitation specifically focused on procurement activities during emergencies:
Executive Limitation 5.3.4. Financial commitments resulting from the purchase of services, supplies, and equipment that are essential to promptly attend to an emergency as defined in Public Contract Code Section 1102 or Government Code section 8558(c) defining “local emergencies.
Per Public Contract Code Section 1102, an emergency is "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring Immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Valley Water staff needs to remediate sedimentation and debris accumulation, procure and deliver sandbags, repair areas along various creeks and canals, and, if necessary, procure soils or materials to create temporary barriers to prevent water from overflowing in certain areas, as well as to acquire services, and other materials and equipment required to address these emergency flood conditions.
ENVIRONMENTAL JUSTICE IMPACT:
Valley Water acknowledges that disadvantaged communities have historically been disproportionately impacted by the effects of flooding. To address these impacts, Valley Water equitably distributes and stocks sandbag distribution sites throughout the county; provides flood awareness materials countywide and in multiple languages; and supports and coordinates with the county and all cities throughout Santa Clara County during activation of emergency operation centers to equitably protect against property damage and threat to life and public safety.
FINANCIAL IMPACT:
Staff expects a one-time unbudgeted expenditure associated with the operational activities related to the ongoing emergency action declared by the CEO. Operational activity expenses are captured in Project 60601016 EOC - Storm 2023-03/09 in the General Fund for Fiscal Year 2022-23, which will incur these unbudgeted costs. After this emergency declaration, Staff will work to submit a Request for Public Assistance to FEMA and Cal OES related to reimbursement for debris removal and emergency protective measures and public services.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment. The recommended action does not authorize any physical activities. However, CEQA provides a statutory exemption for emergency projects, which include specific actions necessary to prevent or mitigate an emergency (Public Resources Code §21080(b)(4) and CEQA Guidelines §15269(c)). To the extent any future activities are proposed to prevent or mitigate an emergency that meets the definition of the Public Resources Code and CEQA Guidelines, those activities would be statutorily exempt from CEQA review.
ATTACHMENTS:
Attachment 1: Declaration of Emergency
UNCLASSIFIED MANAGER:
Manager
Tina Yoke, 408-630-2385