HomeMy WebLinkAboutReso 2024-216RESOLUTION NO. 2024-216
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA PROCLAMATION OF A STATE OF LOCAL
EMERGENCY RELATING TO IMPACTS FROM CROSS-
BORDER POLLUTION IN THE TIJUANA RIVER
WHEREAS, the City Council directed staff on November 5, 2024, to return to the next
Council meeting with a resolution proclaiming a state of local emergency relating to impacts from
cross-border pollution in the Tijuana River Valley; and
WHEREAS, Government Code Section 8630 and Chula Vista Municipal Code (CVMV)
Section 2.14.070 empower the City Manager, acting as the Director of Emergency Services, to
request that the City Council proclaim the existence of a local emergency when the City is affected
by a public calamity; and
WHEREAS, the City Manager, as Director of Emergency Services of the City of Chula
Vista, does hereby find that continued conditions unhealthy for the safety of persons, property, and
environment have arisen within said City, caused by persistent impacts from cross-border pollution
in the Tijuana River; and
WHEREAS, the persistent impact of cross-border flows of treated and untreated
wastewater in the Tijuana River, excessive discharge of sediment into the Tijuana Estuary during
storm events, and the continued impact of trash and waste tires in the Tijuana River Valley
maintains a condition unhealthy for the residents of our region; and
WHEREAS, transboundary flows of pollution include 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, Canon del
Sol, Silva Drain, Smuggler’s Gulch, Goat Canyon, and Yogurt Canyon; and
WHEREAS, the presence of pollution is creating unsafe conditions for residents and
visitors who live, work, or recreate in the Tijuana River Valley and may come in contact with
contaminated water; and
WHEREAS, the flow of the contaminants and untreated wastewater continues to escalate
due to inadequate wastewater infrastructure in the City of Tijuana and lack of sufficient operation
and maintenance of existing infrastructure; and
WHEREAS, this flow is the acknowledged responsibility of the federal governments of the
United States and Mexico; and
WHEREAS, researchers at the Scripps Institute of Oceanography are studying the
relationship of nearshore ocean currents and aerosolized transmission of contaminants as potential
public health concerns for communities impacted by Tijuana River pollution; and
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Resolution No. 2024-216
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WHEREAS, this condition constitutes an economic and public health threat which
warrants and necessitates the proclamation and existence of a local emergency; and
WHEREAS, after decades of sewage spills polluting the Tijuana River and after decades
of talk and no meaningful action by federal agencies, the City of Chula Vista, Port of San Diego,
and City of Imperial Beach filed a lawsuit on March 2, 2018 against the International Boundary
and Water Commission for violation of the Clean Water Act which helped secure additional federal
funding and commitments to the river valley; and
WHEREAS, the renewed federal attention from the Environmental Protection Agency and
International Boundary and Water Commission led to a careful assessment of project options to
manage pollution and ultimately a recommendation to support “Alternative 2” in the USMCA
Programmatic Environmental Impact Statement, which represents the preferred Tijuana River
Comprehensive Solution that is supported by the City; and
WHEREAS, additional funding and commitments are needed to completely implement the
preferred Comprehensive Solution for the Tijuana River; and
WHEREAS, the County of San Diego issued a Public Health Emergency order for the
Tijuana River in February 2021 and Local State of Emergency in November 2023; and
WHEREAS, the County Air Pollution Control District and Scripps Institute of
Oceanography are monitoring potential impacts to air quality related to the ongoing sewage crisis.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
1. The above recitals are true and correct.
2. A local emergency exists throughout the City of Chula Vista.
3. The City Manager, Mayor, and Council members are encouraged to work with local,
State, Federal, and Mexican authorities to improve conditions in the Tijuana River and to
explore any and all options to improve conditions in the Tijuana River.
4. This proclamation of a local emergency shall expire within the time frames prescribed
by State law unless renewed by the City Council.
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Resolution No. 2024-216
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Presented by Approved as to form by
John McCann Marco A. Verdugo
Mayor City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of November 2024 by the following vote:
AYES: Councilmembers: Chavez, Gonzalez, Morineau, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, 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. 2024-216 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 12th day of November 2024.
Executed this 12th day of November 2024.
Kerry K. Bigelow, MMC, City Clerk
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