REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution Proclaiming the Existence of a Local Emergency in the City of Sunnyvale Due to the Developing 2026-2027 El Niño Event and Find the Actions Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15269 and 15378(b)
Report
BACKGROUND
California is heading into the 2026-2027 winter season as a strong El Niño event develops in the Pacific Ocean. According to the National Oceanic and Atmospheric Administration’s (NOAA) National Weather Service Climate Prediction Center report dated October 8, 2026, the event is strengthening, with a greater than 80% chance of becoming very strong during the fall and winter of 2026-2027.
Strong El Niño events can bring unusually wet and potentially damaging winter weather to California. Heavy or prolonged rainfall, high tides, large waves, coastal storms, and rising water levels can increase the risk of flooding, erosion, storm drain backups, and damage to public and private infrastructure. These conditions can also disrupt transportation and place additional demands on emergency response services.
Sunnyvale could experience impacts from the developing El Niño event, including prolonged rain, flooded streets, drainage problems, and rising water levels in local creeks and channels. Additionally, the levees protecting our Clean Water Facility ponds may be at risk. Preparing for these potential impacts is important to help protect residents, public infrastructure, and City facilities and to ensure that the City can respond quickly if conditions worsen.
On September 21, 2026, Governor Gavin Newsom proclaimed a statewide emergency due to the developing 2026-2027 El Niño event. The Governor determined that the developing event could create conditions of extreme peril to public safety and property and that the resulting impacts could exceed the response capabilities of individual local governments.
Given the potential risks to Sunnyvale and the need to prepare for and respond to emergency conditions, staff recommends that the City Council adopt a resolution proclaiming the existence of a local emergency related to the developing El Niño event.
EXISTING POLICY
Sunnyvale Municipal Code Chapter 2.16 - Emergency Organization and Functions
Establishes the City’s emergency organization and provides for emergency planning, the protection of people and property, the direction of emergency response activities, and coordination with other public agencies, organizations, and affected individuals.
Sunnyvale Municipal Code Section 2.08.190 - Emergency Procurements
Authorizes the City Manager, Purchasing Officer, department heads, or their designees to make or approve emergency purchases when urgently needed to protect life, health, or property. Emergency purchases must be limited to the goods and services needed to address the emergency, with as much competition as practical under the circumstances. The required procurement documentation must describe the emergency and explain the basis for selecting the contractor. If an emergency procurement exceeds $100,000 in a single transaction, the City Manager must provide a full report to the City Council at its next regularly scheduled meeting.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15269 (emergency projects) and 15378(b) (organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment).
DISCUSSION
Sunnyvale Municipal Code (“SMC”) Section 2.16.040(a)(1) addresses the authority to proclaim a local emergency. When the City Council is in session, the Director of Emergency Services, who is the City Manager, is authorized to request that the Council proclaim a local emergency. When the Council is not in session, the Director may issue the proclamation as provided by the code. Because the City Council is considering this matter at a Council meeting, staff recommends that the Council directly adopt a resolution proclaiming the existence of a local emergency.
A local emergency proclamation recognizes that conditions of extreme peril to people or property exist or threaten to develop beyond the capacity of the City’s available services, personnel, equipment, and facilities to manage effectively. It can help the City coordinate its response, mobilize available resources, and take necessary steps to protect residents and property. Depending on the circumstances and applicable legal requirements, the proclamation may authorize or support emergency orders and regulations, the use of City personnel and equipment, the acquisition of essential supplies, and requests for mutual aid from other jurisdictions and state agencies.
The proclamation provides a formal basis for seeking additional assistance if the emergency exceeds the City’s available resources. In this case, the Governor has already declared an emergency. If the impacts of the El Niño event exceed the City’s available resources, the City my request additional state assistance.
Although significant winter storms have not yet occurred, the threat presented by the developing El Niño is sufficiently imminent to warrant advance action. The Governor’s emergency proclamation was adopted to enable state and local agencies to prepare before severe storms arrive. Staff therefore recommends that the City Council make a corresponding declaration of the existence of a local emergency based on the threatened conditions associated with the developing El Niño and authorize the City Manager, acting as Director of Emergency Services, to take actions reasonably necessary to prepare for and respond to those emergency conditions, consistent with the SMC, the City’s Emergency Operations Plan, applicable state law, and the accompanying resolution.
Adopting this resolution will support the City's ability to rapidly identify, procure, stage, and pre-position equipment, supplies, materials, services, personnel, and other resources; enter into necessary agreements and contracts; coordinate preparedness and mitigation activities; and work with neighboring jurisdictions, regional agencies, Santa Clara County, state and federal agencies, utility providers, transportation agencies, and other public and private partners, allowing the City to respond more quickly as conditions develop and help protect life, property, critical infrastructure, and essential City services. A local emergency proclamation does not automatically guarantee state assistance or reimbursement. Eligibility will depend on the applicable program requirements, documented costs, and required approvals.
The local emergency will remain in effect until the City Council formally proclaims its termination. After proclaiming a local emergency, the City Council must review the need to continue the emergency at least every 60 days until it is terminated. The City must also provide a copy of the resolution to Cal OES through the Santa Clara County Operational Area Coordinator. Staff will continue to monitor conditions, coordinate emergency preparedness and response activities, and report significant impacts and associated costs to the Council as appropriate.
FISCAL IMPACT
A local emergency proclamation is a prerequisite for the City to seek financial assistance and reimbursement of extraordinary emergency costs through the California Disaster Assistance Act (CDAA), including reimbursement for public safety overtime, debris removal, sandbagging, and repair of damaged public facilities. Fiscal impacts will be reported to the Council as they are identified.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Take the following actions:
- Adopt a Resolution (Attachment 1 to the report) proclaiming the existence of a local emergency in the City of Sunnyvale due to the developing 2026-2027 El Niño event;
- Find that actions taken to further the directives in this Resolution are exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15269 and 15378(b); and
- Direct staff to transmit a copy of the Resolution to the California Governor's Office of Emergency Services through the Santa Clara County Operational Area Coordinator.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Prepared by: Mansour Nasser, Assistant Director, Environmental Services Department
Reviewed by: Ramana Chinnakotla, Director, Environmental Services Department
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft Resolution
2. Governor’s State of Emergency Declaration