File #: 23-1264    Version: 1 Name:
Type: Consent Calendar Item Status: Agenda Ready
File created: 11/27/2023 In control: Board of Directors
On agenda: 1/9/2024 Final action:
Title: Update on the Atmospheric River Emergency and Determination that the Emergency Conditions Continue to Constitute an Emergency.
Attachments: 1. Attachment 1: Declaration of Emergency

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.


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RECOMMENDATION:
Recommendation
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.


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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.

BACKGROUND:

On March 9, 2023, the CEO declared that due to current and forecasted conditions, which included up to 10 inches of precipitation in parts of Santa Clara County, with flooding in Uvas Creek, West Little Llagas Creek and other creeks throughout the county, a flood emergency condition existed and was 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 high winds resulted in debris and trees falling into the creeks.

The emergency conditions necessitating the CEO's declaration continue to exist as Valley Water staff continue emergency response actions, including repairs and cleanup activities following the significant storm events.

The Board's Governance Po...

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