BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Receive an Update on the El Nino Emergency and Determination the Emergency Conditions Continue to Constitute an Emergency.
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RECOMMENDATION: Recommendation
A. Receive an update on the El Nino Emergency declared by the Interim Chief Executive Officer (Interim CEO) on October 7, 2026; and
B. Determine by a four-fifths vote of the Board there is a need to continue the emergency action declared by the Interim CEO on October 7, 2026, pursuant to California Public Contract Code section 22050 to prepare for and address potential impacts of the developing 2026-2027 El Nino event.
Body
SUMMARY:
Public Contract Code section 22050 requires the Board, by a four-fifths vote at each regularly scheduled Board meeting until the emergency action is terminated, to determine that there remains a need to continue the emergency action. This agenda item recommends that the Board make that finding for the El Nino Emergency declared by the Interim CEO on October 7, 2026.
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 when statutory conditions are met.
BACKGROUND:
On September 21, 2026, Governor Gavin Newsom proclaimed a statewide state of emergency due to the developing 2026-2027 El Nino event. The proclamation cites forecasts from the National Oceanic and Atmospheric Administration's Climate Prediction Center indicating a greater than 90 percent chance of a very strong El Nino event during fall and winter 2026-2027, including a projected 69 percent chance that the event will reach historic strength during the October through December 2026 season.
The Governor's proclamation recognizes that the developing El Nino event may increase the likelihood of severe storms, atmospheric rivers, flooding, coastal flooding, erosion, mud and debris flows, power outages, transportation disruptions, and damage to public and private infrastructure. It directs state agencies to coordinate preparedness activities, pre-position personnel and resources, support flood-fight supplies, and expedite actions necessary to prepare for and mitigate anticipated storm impacts.
On October 7, 2026, the Interim CEO declared an El Nino Emergency pursuant to Public Contract Code section 22050, District Resolution No. 05-67, and Board Governance Executive Limitation 5.2. The declaration authorizes Valley Water staff to take immediate action necessary to prepare for, prevent, or mitigate threats to life, health, property, and essential public services associated with the developing El Nino event.
Valley Water may need to procure and stage flood-fight supplies; remove sediment, vegetation, and debris that could obstruct waterways; perform emergency repairs; and obtain the services and materials needed to prepare for or respond to severe weather conditions. Emergency procurements will be limited to actions necessary to respond to or mitigate the emergency.
The Board's Governance Policies contain an Executive Limitation specifically focused on procurement activities during emergencies: Executive Limitation 5.2, which addresses financial commitments resulting from the purchase of services, supplies, and equipment essential to promptly attend to an emergency as defined in Public Contract Code section 1102 or Government Code section 8558(c).
Public Contract Code section 1102 defines an emergency as a sudden, unexpected occurrence that poses a clear and imminent danger and requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. The Governor's statewide emergency proclamation, the developing El Nino conditions, and the need to promptly prepare Valley Water's flood protection system support continuation of the emergency action.
ENVIRONMENTAL JUSTICE IMPACT:
Valley Water acknowledges that disadvantaged communities have historically been disproportionately affected by flooding and severe weather. Valley Water will equitably support flood preparedness measures throughout Santa Clara County, including sandbag distribution, flood awareness materials in multiple languages, and coordination with the County, cities, and other partner agencies to protect life, public safety, and property.
FINANCIAL IMPACT:
Emergency expenditures, if needed, will be incurred only for activities necessary to prepare for, respond to, or mitigate the declared emergency. Costs will be tracked in accordance with Valley Water procedures. Staff will pursue eligible state or federal reimbursement opportunities, if available and in accordance with current Valley Water policy and procedure, for qualifying emergency protective measures and related activities.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have the potential to result in a 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 section 21080(b)(4) and CEQA Guidelines section 15269(c)). To the extent future activities are undertaken to prevent or mitigate an emergency, those activities may be statutorily exempt from CEQA review.
ATTACHMENTS:
Attachment 1: Declaration of El Nino Emergency
UNCLASSIFIED MANAGER: Manager
Alexander Gordon, 408-630-2637