REPORT TO COUNCIL
SUBJECT
Title
Approve the City’s Response and Authorize the Mayor to Sign the Letter in Response to the 2014-2015 Santa Clara Civil Grand Jury Final Report, “A Slow Rising Emergency - Sea Level Rise”
Report
BACKGROUND
On June 17, 2015, the Santa Clara County Civil Grand Jury (Grand Jury) released a report titled, “A Slow Rising Emergency - Sea Level Rise” (Attachment 1). The report details the findings and recommendations from the Grand Jury’s investigation into a complaint questioning the sufficiency of local planning, coordination, and community information regarding the expected sea level rise (SLR) impacts as a result of global climate change.
EXISTING POLICY
California Penal Code 933(c): No later than 90 days after the Grand Jury submits a final report on the operations of any public agency to its reviewing authority, the governing body of the public agency shall comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to the matters under the control of the governing body.
ENVIRONMENTAL REVIEW
The submittal of this response to the Grand Jury does not require environmental review because it is an administrative activity that will not result in a direct or indirect physical change to the environment. (CEQA Guidelines 15061(b)(3), 15378(b)(5).)
DISCUSSION
The Grand Jury concluded that current flood protection systems are “not adequate to prevent flooding with expected SLR” and that there is inconsistency across local agencies with regard to addressing the issue, resulting in a “disjointed approach.” The Grand Jury investigation resulted in five findings and recommendations, with only one finding and recommendation for the City of Sunnyvale. Finding 1 concludes, “The cities of Palo Alto, Mountain View, and Sunnyvale want to retain control of Sea Level Rise related efforts within their jurisdictions, but would like to have an organization assume responsibility for coordinating the plans and activities involved in addressing Sea Level Rise.” The Grand Jury recommendation in response to this finding is:
• The Santa Clara Valley Water District should take a more proactive role in coordinating with cities that will be affected by Sea Level Rise, unifying, integrating, and directing efforts in Santa Clara County.
The City generally agrees with the Grand Jury’s finding and recommendation and supports a Water District-led forum to foster partnerships and collaborative approaches to addressing SLR. Staff has been in contact with Water District staff and find they are supportive of taking on such a role beginning with a collaborative effort to develop or identify an interagency forum and key objectives for such a collaboration.
The City has already been engaged with the Water District on a critical component of SLR planning, the South Bay Shoreline Study. The Grand Jury report notes this current effort, overseen by the U.S. Army Corps of Engineers, the Santa Clara Valley Water District, and the California State Coastal Conservancy. The Water District is currently leading the evaluation of a preliminary levee alignment and economic impact analysis to guide planning, design, and investment in shoreline protection.
The City has also been a stakeholder to Santa Clara County’s Silicon Valley 2.0 (SV 2.0) project, aimed at providing analytical tools and implementation strategies for climate adaptation, including community response to SLR. The draft SV 2.0 Climate Adaptation Guidebook includes proposed strategies related to SLR, including continued collaboration through the Shoreline Study project as well as consideration of opportunities for relocating critical assets over time and revising building design guidelines. County staff report that they are nearing public release of the SV 2.0 Guidebook. The County envisions leading coordination for many of the strategies, with work beginning early in 2016. The County also reports that it is applying for relevant grants as opportunities arise. They are aiming for an initial work plan for implementation of SV 2.0 to go to their Board of Supervisors this fall. While the SV 2.0 project is not specifically cited in the Grand Jury report, City staff notes the nexus in scope.
Staff will continue to engage in County and Water District efforts to advance community preparation for climate adaptation including sea level rise. Sunnyvale’s involvement will leverage appropriate representation and coordination across the departments of Environmental Services, Public Works, and Community Development. A draft letter of response is included with this report as Attachment 2.
FISCAL IMPACT
There is no fiscal impact from the City’s response to the Grand Jury report.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
STAFF RECOMMENDATION
Recommendation
Approve the City’s response and authorize the Mayor to sign the letter in response to the Santa Clara County Civil Grand Jury Report.
Staff
Prepared by: Melody Tovar, Regulatory Programs Division Manager
Reviewed by: John Stufflebean, Director, Environmental Services Department
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Santa Clara County Civil Grand Jury Final Report: “A Slow Rising Emergency - Sea Level Rise”
2. Response to the Civil Grand Jury Report: “A Slow Rising Emergency - Sea Level Rise”