HomeMy WebLinkAboutReso 2019-246 RESOLUTION NO. 2019-246
JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ALONG WITH OTHER STATE AND LOCAL
STAKEHOLDERS, RECOMMENDING PROJECT ALTERNATIVES
AND FEDERAL ACTIONS TO ELIMINATE DETRIMENTAL
TRANSBOUNDARY FLOWS OF WASTES IN THE TIJUANA
RIVER VALLEY
WHEREAS, the signatories of this joint resolution include key State and local
stakeholders having vested interests in the Tijuana River Valley and its surrounding environs; all
signatories and their respective stakeholders have been significantly and negatively impacted by
the effects of transboundary flows of waste in the Tijuana River Valley; and all signatories are
unified in identifying project alternatives and actions to eliminate the greatest amount of
transboundary flows of waste possible, as soon as possible; and
WHEREAS, international transboundary rivers and tributary canyons that carry water
across the border from Mexico into the Tijuana River Valley in Southern California are the
major source of untreated sewage, trash, sediment, hazardous chemicals, heavy metals, and
toxins, which have seriously impacted waters and communities; and
WHEREAS, transboundary flows continue to result in clear public health, environmental,
and safety issues; these flows have threatened and continue to threaten the health of residents in
the United States and Mexico, harm important estuarine land and waters of international
significance, force closure of beaches, damage agricultural resources, adversely impact the San
Diego County economy; compromise border security, and directly affect United States military
readiness; and
WHEREAS, a significant amount of untreated sewage, trash, sediment, hazardous
chemicals, heavy metals, and toxins have entered southern California through the Tijuana River
Watershed since the 1930s; and
WHEREAS, in February 2017, an estimated 143 million gallons of raw sewage flowed
into the United States via the Tijuana River and flowed downstream into the Pacific Ocean; the
February 2017 transboundary flows are an example of an ongoing condition that has contributed
to over two billion gallons of cumulative, verifiable transboundary waste to date and counting;
and numerous, repeated transboundary flows have caused beach closures at Border Field State
Park for 211 days in 2015; 162 days in 2016, 168 days in 2017, 101 days in 2018, and more than
200 days to date for 2019 as well as closure of beaches along the Pacific coastline from Imperial
Beach as far north as Coronado each of those years; and
WHEREAS, the presence of pollution is creating unsafe conditions for state, local
government and federal agency staff, residents, and visitors on public lands; which public lands
are taxpayer supported and intended to be managed for recreation, resource conservation, and
enjoyment by the public; and
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WHEREAS, water-treatment infrastructure is insufficient to control transboundary
pollution through the main channel of the Tijuana River, which poses a significant risk to the
public health and safety of residents and the environment on both sides of the border, and places
significant economic stress on local governments that are struggling to mitigate the negative
impacts of pollution; and
WHEREAS, the 1944 treaty between the United States and Mexico regarding Utilization
of Waters of the Colorado and Tijuana Rivers and of the Rio Grande and its implementing
Minutes provide for the allocation of flows on transborder rivers between Mexico and the United
States, and provide that the nations, through their respective sections of the International
Boundary and Water Commission (IBWC) shall “give preferential attention to the solution of all
border sanitation problems”; and
WHEREAS, in 1990, the United States and Mexico sections of the IBWC issued Minute
283 that provided for “…the construction and operation of the conveyance, treatment, and final
disposal works…” “that would permanently and definitively resolve the existing border
sanitation problem…”; and
WHEREAS, in 1993, the United States and Mexico entered into the Agreement Between
the Government of the United States of America and the Government of the United Mexican
States Concerning the Establishment of a North American Development Bank which created the
North American Development Bank to certify and fund environmental infrastructure projects in
border-area communities; and
WHEREAS, transboundary flows of waste including untreated sewage, trash, sediment,
hazardous chemicals, heavy metals, and toxins continue to impact the Tijuana River, Estuary,
coastal waters of the Pacific Ocean, and tributary Canyons including Stewart’s Drain, Cañon del
Sol, Silva Drain, Smuggler’s Gulch, Goat Canyon, and Yogurt Canyon; and
WHEREAS, the Tijuana River, Estuary, and coastal waters of the Pacific Ocean are listed
as impaired water bodies under the Clean Water Act Section 303(d) List of Water Quality
Limited Waters for numerous constituents including bacterial indicators, trash, ammonia, benthic
community effects, eutrophication, low dissolved oxygen, pesticides, phosphorous,
sedimentation/siltation, lead, selenium, solids, surfactants, synthetic organic chemicals, total
nitrogen, toxicity, trace elements, nickel, thallium, and turbidity; and
WHEREAS, in 2009, the California Regional Water Quality Control Board, San Diego
Region (San Diego Water Board) organized the Tijuana River Valley Recovery Team with over
30 agencies and organizations including the IBWC, City of San Diego, County of San Diego,
City of Imperial Beach, United States Fish and Wildlife Service, California Department of Parks
and Recreation, WILDCOAST, Surfrider, Tijuana River Valley Equestrian Association, United
States Customs and Border Projection (CBP), and the California Coastal Conservancy, to address
the transboundary flows of wastes, flooding, and impaired water quality through a multi-agency
collaborative approach in lieu of traditional regulatory authorities; and
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WHEREAS, in 2012, the San Diego Water Board adopted Resolution R9-2012-0030
endorsing the Tijuana River Valley Recovery Strategy: Living with the Water (Recovery
Strategy), prepared jointly by the member agencies of the Tijuana River Valley Recovery Team,
to guide efforts to address sediment, trash and polluted waters to “…clean up the Valley, restore
its beneficial uses, and maintain environmental and human values in the Valley”; and
WHEREAS, in 2015, the San Diego Water Board, having received commitments from
each of the aforementioned members of the Recovery Team to work together to implement the
Recovery Strategy, adopted Resolution R9-2015-0035, renewing its endorsement of the
Recovery Strategy and adopted a Five-Year Action Plan to consolidate and focus efforts to
address pollution impacts from transboundary flows and recommend “an alternate course of
action should the Recovery Team approach fail to attain applicabl e water quality standards in the
Tijuana River Valley within a reasonable period of time”; and
WHEREAS, the IBWC subsequently developed Minute 320 with the support of the San
Diego Water Board and local agencies including the City of San Diego, City of Im perial Beach,
County of San Diego, California Department of Parks and Recreation, and other members of the
Tijuana River Valley Recovery Team with the goal of addressing transboundary flows of
sediment, trash, and sewage; and
WHEREAS, Congress authorized funding under the United States Environmental
Protection Agency’s (USEPA) Safe Drinking Water Act and established the State and Tribal
Assistance Grants (STAG) program for the United States-Mexico Border Water Infrastructure
Program (BWIP) in 1996 to provide grants for high-priority water, wastewater, and storm-water
infrastructure projects within 100 kilometers of the southern border; and
WHEREAS, in its Fiscal Year 2020 Budget Request, the current federal Administration
proposed to not fund BWIP; and
WHEREAS, without urgent federal action through BWIP and other federal programs and
by federal agencies charged with addressing international pollution flowing through the Tijuana
River Valley and into the Pacific Ocean, the People of California, and visitors impacted by
transboundary sewage and toxic waste will continue to suffer from this critical pollution and
public health issue; and
WHEREAS, the U.S.- Mexico Border Mayors Association, at their Annual Summit on
November 7, 2019, the National Association of Counties, at their Annual Conference on July 15,
2019, the U.S. Conference of Ma yors at their Annual Conference on July 1, 2019, and the
League of California Cities at their Annual Conference on October 18, 2019 all adopted
resolutions calling on the federal and state governments to work together to fund and address this
environmental issue; and
WHEREAS, local governments and the public support the state’s primary objectives in
ensuring compliance with environmental laws including the Clean Water Act, California Porter-
Cologne Water Quality Control Act, federal Resource Conservation and Recovery Act, and
federal Endangered Species Act; and that those touchstone environmental laws are paramount
and must be supported by substantial public investments at all levels of government to maintain a
healthy and sustainable environment for current and future residents of California; and
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WHEREAS, in June 2017, the San Diego Water Board conducted a public Environmental
Justice Symposium in which the highest priority Environmental Justice and water
quality/community impact identified by the public was the historic and ongoing impacts
associated with transboundary flows of waste in the Tijuana River; and
WHEREAS, public concerns in response to widespread threats to public health and
safety, damage to fish and wildlife resources, and degradation to California’s envi ronment
resulting from transboundary flows of waste requires urgent action by the federal government;
and
WHEREAS, in 2017, Governor Brown signed Senate Bill (SB) 507 (Hueso), which
allocated $500,000 to the County of San Diego to commission a study focused on the
improvement and protection of natural lands, including the main river channel, in the Tijuana
River Valley, and the County of San Diego has drafted an evaluation of potential projects as set
forth in its “SB507 Needs and Opportunities Assessment – Alternative Evaluation Matrix
(Draft)” (NOA Matrix) that is attached to this Resolution; and
WHEREAS, in 2018, U.S. Customs and Border Protection (CBP) conducted monitoring
of waters in the Tijuana River and tributary Canyons which monitoring showed repeated
exceedances of water quality objectives and reporting over 86 cases of workplace injury reported
by CBP Agents and contractors from exposure to polluted transboundary flows; and
WHEREAS, AB 74 (Ting, 2019) appropriated $15 million to assist with the construction
of a Tijuana River Pollution Control Project and SB 690 (Hueso, 2019) directed the California
Coastal Conservancy to, when expending this funding, prioritize projects studied under SB 507;
and
WHEREAS, based on more than 30 years of environmental and engineering studies and
IBWC’s documentation of transboundary flows to the San Diego Water Board, it is clear that the
overwhelming majority of polluted transboundary flows enter the Tijuana River Valley in the
United States through the IBWC flood control channel, rendering the need to address polluted
flows through that channel the foremost priority and greatest opportunity to resolve the public
health and safety and environmental issues in the Tijuana River Valley.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, as follows:
SECTION 1. That the City of Chula Vista, along with the other signatories of this joint
resolution, generally endorses the projects identified, developed, and analyzed under SB507 and
set forth in the NOA Matrix, but specifically endorses certain projects as more specifically
detailed herein; and
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SECTION 2. That the City of Chula Vista, along with the other signatories of this joint
resolution, specifically endorses, and finds critically necessary and to be of t he utmost
importance, to intercept, divert, and treat in compliance with the Clean Water Act as much of
the polluted flows from the Main Channel of the Tijuana River at the South Bay International
Waste Water Treatment Plant as possible (currently estimated at 163 million gallons per day
based on the unpermitted carrying capacity of the South Bay Ocean Outfall) and to discharge
that treated effluent through the South Bay Ocean Outfall; and to study, analyze, and assess the
feasibility of constructing additional storage at a new 82 million gallon basin immediately
downstream of the IBWC flood control channel as referenced in the NOA Matrix as Alternative
D; and
SECTION 3. That the City of Chula Vista specifically endorses the NOA Alternative
Evaluation Matrix projects for Smuggler’s Gulch (NOA Matrix Alternatives L, M, O, and P or
combination thereof) and Goat Canyon (NOA Matrix Alternatives N, Q and R or a combination
thereof) to address flows of polluted water, sediment, and trash; and
SECTION 4. That the City of Chula Vista specifically endorses NOA Matrix Alternative
K to support active sediment and trash management in the Main Channel of the Tijuana River on
an annual basis as envisioned in the 2012/2015 Tijuana River Valley Recovery Strategy; and
SECTION 5. That the City of Chula Vista, along with the other signatories, calls upon the
federal government to:
1. Direct its agencies, instrumentalities, employees, and contractors to prioritize the
expeditious restoration and maintenance of the chemical, physical, and biological
integrity of the Tijuana River, tributary Canyons, Estuary, and coastal waters of the
Pacific Ocean, and to take all necessary steps to end the clear public health,
environmental, and safety issues caused by transboundary pollution in the Tijuana River
Valley (the “Tijuana River Valley Project Goals”); and
2. Provide authority and direction to EPA, including by designating EPA the agency vested
with primary federal authority to facilitate the achievement of the Tijuana River Valley
Project Goals, and requiring cooperation from IBWC, United States Army Corps of
Engineers, and any other federal agency with relevant technical expertise, for the
purposes of expeditiously assessing the feasibility of NOA Matrix Alternatives D, K, L,
M, N, O, P, Q, and R, and other projects as appropriate, in order to identify the measures
necessary and feasible to achieve the Tijuana River Valley Project Goals; and
3. Authorize funding and provide authority and direction to EPA to design the capital
projects deemed necessary and feasible to achieve the Tijuana River Valley Project
Goals; and
4. Authorize funding for the construction of the capital projects necessary and feasible to
achieve the Tijuana River Valley Project Goals; and
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5. Authorize funding for the ongoing operation and maintenance of capital projects deemed
necessary and feasible to achieve the Tijuana River Valley Project Goals; and
6. Fund BWIP at its historic $100,000,000 level.
Presented by Approved as to form by
Mary Casillas Salas Glen R. Googins
Mayor City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of December 2019 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2019-246 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 10th day of December 2019.
Executed this 10th day of December 2019.
Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: 1F3EE400-101D-4632-B760-197AAE7767A0
Technical
Feasibility
Operating
Complexity
Sustainability
(i.e., energy
usage)
Impact to
Habitat
(River Valley)
Impact to
Habitat (Ocean)
Environmental
Justice
Ancillary
Community
Benefits
Community
Disruption Public Support
A 3a/4a Diversion of up to 35 mgd to New SBIWTP for Primary
Treatment and Discharge to Deep Ocean through SBOO
Implementation: $78M
Annual O&M: $1.9M/yr
Env. Monitoring: $10M
56 days (61%)
B 3b/4b Diversion of up to 100 mgd to New SBIWTP for Primary
Treatment and Discharge to Deep Ocean through SBOO
Implementation: $167M
Annual O&M: $2.9M/yr
Env. Monitoring: $10M
20 days (84%)
C 3c/4c Diversion of up to 163 mgd to New SBIWTP for Primary
Treatment and Discharge to Deep Ocean through SBOO
Implementation: $246M
Annual O&M: $4.5M/yr Env.
Monitoring: $10M
12 days (91%)
D 3c/4d
Diversion of up to 163 mgd to New SBIWTP for Primary
Treatment and Discharge to Deep Ocean through SBOO, plus
Additional Storage at New San Ysidro Basin
Implementation: $408M
Annual O&M: $4.8M/yr Env.
Monitoring: $10M
12 days (91%)
E 3a/4e
Diversion of up to 35 mgd to Existing SBIWTP for Primary
Treatment and Discharge to Deep Ocean through SBOO (per
NADB Tijuana River Diversion Study Alternative 4B)
Implementation: $52M
Annual O&M: $7M/yr
Env. Monitoring: $10M
56 days (61%)
F 5a/6a Diversion of up to 20 mgd to Existing SBWRP and Discharge to
Deep Ocean through SBOO
Implementation: $47M
Annual O&M: $1M/yr
Env. Monitoring: $10M
75 days (46%)
G 5b/6b Diversion of up to 50 mgd to Existing SBWRP and Discharge to
Deep Ocean through SBOO
Implementation: $83M
Annual O&M: $1.5M/yr
Env. Monitoring: $10M
41 days (70%)
H 7 Pumped Direct Discharge of up to 193 mgd
to SBOO without Treatment
Implementation: $22M
Annual O&M: $1.6M/yr
Env. Monitoring: $10M
9 days (93%)
I 8 Gravity Flow Direct Discharge of up to 193 mgd to SBOO
without Treatment
Implementation: $87M
Annual O&M: $125K/yr
Env. Monitoring: $10M
9 days (93%)
J 9 Tijuana River In-Stream Water Quality Detention Basin - 20
mgd
Implementation: $75M
Annual O&M: $200K/yr
Env. Monitoring: $10M
75 days (46%)
TIJUANA RIVER NEEDS AND OPPORTUNITIES ASSESSMENT - ALTERNATIVE EVALUATION MATRIX (DRAFT) - 10/24/19
Metrics
Environmental Community/Societal
Alternative Description
Estimated Cost1
Avg. Trans-
boundary Flows2
(baseline of 138
days/yr3)
Implementation and O&M
Ratings
Projects
Moderate Impact
Negative Impact
1 Includes $4M for environmental permitting and $1M/yr for 10 years for environmental monitoring; environmental mitigation is excluded.
2 This column includes the number of transboundary flow days per year estimated to remain unaddressed after implementation of the projects in each alternative. The percentage reflects estimated reduction in transboundary flow days/year from baseline.
3 Per EPA's Tijuana River Diversion Study
Positive Impact
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Technical
Feasibility
Operating
Complexity
Sustainability
(i.e., energy
usage)
Impact to
Habitat
(River Valley)
Impact to
Habitat (Ocean)
Environmental
Justice
Ancillary
Community
Benefits
Community
Disruption Public Support
K 1/2 Tijuana River Trash Booms and Sedimentation Basins (per
IBWC's Tijuana River Basin Feasibility Study)
Implementation: TBD
Annual O&M: TBD
Env. Monitoring: $10M
Removal of 20,500
tons of trash and
sediment (5-year)
L 10/11a Smuggler's Gulch Trash Boom and In-Line Sedimentation
Basin
Implementation: $6.2M
Annual O&M: $1.1M/yr
Env. Monitoring: $10M
Removal of 15,600
tons of trash and
sediment (5-year)
M 10/11b Smuggler's Gulch Trash Boom and In-Line/Off-Line
Sedimentation Basin
Implementation: $7M
Annual O&M: $1.1M/yr
Env. Monitoring: $10M
Removal of 16,100
tons of trash and
sediment (5-year)
N 16 Sedimentation and Trash
Management in Goat Canyon Annual O&M: $5M
Reduced ongoing
cost for use and/or
removal of
captured sediment
and trash
Ratings
TIJUANA RIVER NEEDS AND OPPORTUNITIES ASSESSMENT - ALTERNATIVE EVALUATION MATRIX (DRAFT) - 10/24/19
Alternative Description
Metrics
Implementation and O&M Environmental Community/Societal
Estimated Cost1 Potential Benefit
Projects
1 Includes $4M for environmental permitting and $1M/yr for 10 years for environmental monitoring; environmental mitigation is excluded.
Positive Impact
Moderate Impact
Negative Impact
DocuSign Envelope ID: 1F3EE400-101D-4632-B760-197AAE7767A0
Technical
Feasibility
Operating
Complexity
Sustainability
(i.e., energy
usage)
Impact to
Habitat
(River Valley)
Impact to
Habitat (Ocean)
Environmental
Justice
Ancillary
Community
Benefits
Community
Disruption Public Support
O 12 Smuggler’s Gulch Retrofit
Low Flow Diversion
Implementation: $13M
Annual O&M: $500K/yr
Env. Monitoring: $10M
Diversion of up to
additional 30 MGD
P 13
Smuggler’s Gulch
In-Stream Water Quality
Detention Basin
Implementation: $44M
Annual O&M: $1.5M/yr
Env. Monitoring: $10M
Diversion of up to
additional 163 MGD
Q 14 Goat Canyon Retrofit Low
Flow Diversion
Implementation: $15M
Annual O&M: $500K/yr
Env. Monitoring: $10M
Diversion of up to
additional 30 MGD
R 15 Goat Canyon Retrofit In-Stream
Water Quality Detention Basin
Implementation: $44M
Annual O&M: $1.5M/yr
Env. Monitoring: $10M
Diversion of up to
additional 163 MGD
S 17 Yogurt Canyon
Low-Flow Diversion
Implementation: $14M
Annual O&M: $500K/yr
Env. Monitoring: $10M
Diversion of up to
additional 30 MGD
T 18 Yogurt Canyon
Pilot Channel
Implementation: $9M
Annual O&M: $5K/yr
Env. Monitoring: $10M
Reduce sediment and
freshwater impacts
to TJR Estuary;
reduce flooding on
Monument Road
U 27 Tijuana Estuary Tidal Restoration Program (TETRP)
Implementation: $200M
Annual O&M: TBD
Env. Monitoring: $10M
Provides increased
function of ecological
wetland processes
Potential Benefit
Ratings
TIJUANA RIVER NEEDS AND OPPORTUNITIES ASSESSMENT - ALTERNATIVE EVALUATION MATRIX (DRAFT) -10/24/19
Alternative Description
Metrics
Implementation and O&M Environmental Community/Societal
Estimated Cost1
Projects
1 Includes $4M for environmental permitting and $1M/yr for 10 years for environmental monitoring; environmental mitigation is excluded.
Positive Impact
Moderate Impact
Negative Impact
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