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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 Countywide Flood Emergency and Determination that the Countywide Flood Emergency Conditions Continue to Constitute an Emergency.
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RECOMMENDATION:
Recommendation
A. Receive an update on the Flood 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 January 4, 2023, pursuant to California Public Contract Code ?22050 to address the countywide flood emergency.
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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.
On January 4, 2023, the CEO declared that the gusting winds, large volume of rain, and impacts of severe, ongoing stormy weather, resulted in a Countywide flood emergency pursuant to California Public Contract Code ?22050 (PCC). The CEO further determined that Valley Water staff may take any and all actions necessary to protect against property damage and threat to life and public safety associated with flooding and high winds throughout the County of Santa Clara, California.
In the case of an emergency, PCC ?22050 provides that a public agency "...may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice f...
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