Loading...
HomeMy WebLinkAboutCC RESO 2019-189RESOLUTION O. 2019 189 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN COLLABORATION WITH THE COUNTY OF SAN DIEGO, THE CITY OF CHULA VISTA, THE CITY OF CORONADO, THE CITY OF IMPERIAL BEACH, THE CITY OF SAN DIEGO, THE REGIONAL WATER QUALITY CONTROL BOARD AND THE UNIFIED PORT OF SAN DIEGO IDENTIFYING IMPROVEMENT PROJECTS IN THE TIJUANA RIVER VALLEY TO CAPTURE TRANSBOUNDARY FLOWS OF SEWAGE AND SEDIMENT 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 c 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 2 1 ; 162 days in 2016, 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 perial 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 aged for recreation, resource conservation, and enjoyment by the public; and 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 Resolution No. 19-1 9 Page Two WHEREAS, the 1944 treaty between the United States and Mexico regarding Utilization of Waters of the Colorado and Tijuana n 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 "...the construction and operation of the conveyance, treatment, and final disposal wort s...[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 r eta[s, 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, E S, 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 WHEREAS, in 2012, the San Diego Water Board adopted Resolution R9-2012- 0030 12- 030 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 F 9-2015-0 3 , renewing its endorsement of the Recovery Strategy and adopted a Five -Year Action Plan to consolidate and focus efforts to Resolution No. 2019 189 Page Three address pollution impacts from transboundary flows and recommend "an alternate course of action should the Recovery Team approach fail to attain applicable water quality standards in the Tijuana River Valley within a reasonable period of time"; and WHEREAS, the 1BWC subsequently developed Minute 320 with the support of the San Diego Water Board and local agencies including the City of San Diego, City of Imperial 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 Mayors at their Annual Conference on July I , 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 WHEREAS, S, 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 environment resulting from transboundary flows of waste requires urgent action by the federal government; and l Resolution ion No. 2019 —1 9 Page Four WHEREAS, E S, in 2017, Governor Brown signed senate Bill (SB) 0 (Hueso), which allocated $500,000 to the County of San Diego to commission a study focused on the improvement ent 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, S, B 74 (Ting, 2019) appropriated $15 million to assist with the construction of a Tijuana River Pollution Control Project and SB Hueso, 2019) directed the California Coastal Conservancy to, when expending this funding, prioritize projects studied under SB 507; and WHEREAS, S, 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, E, E IT RESOLVED; ED, that the San Diego Unified Port District, 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. BE IT FURTHER RESOLVED, that the San Diego Unified Port District, along with the other signatories of this joint resolution, specifically endorses, and finds critically necessary and to be of the 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 BE IT FURTHER ESOLVED, that the San Diego Unified Port District specifically endorses the NOA Alternative Evaluation Matrix projects for Smuggler's Gulch (NOA Matrix Alternatives L, M, 0, 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 111 11/ Resolution No. 2019 — 1 Page Five BE IT FURTHER RESOLVED, that the San Diego Unified Port District 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, BE IT FURTHER RESOLVED that the San Diego Unified Port District, 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"); 2. Provide authority and direction to EPA, including by cesignating EPA the agency vested with primary federal authority to facilitate the achievement of the Tijuana River Valley Project Goals, and requiring cooperation from I B C, 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, 1, L, M, N, 0, 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; 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; 4. Authorize funding for the construction of the capital projects necessary and feasible to achieve the Tijuana River Valley Project Goals; 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 $100,000,000 level. PASSED and ADOPTED this 17th day of December 20 Alejandra otelc-soils, Mayor ATTEST: Michael R. a ;City Clerk APPROVED AS TO FORM: gil P. ;, r s o es, City A ttorn Passed and adopted by the Council of the City of National City, California, on December 17, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, on, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA RA SOTELO-SOLIS Mayor of the City of National City, California City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-189 of the City of National City, California, passed and adopted by the Council of said City on December 17, 2019. City Clerk of the City of National City, California By: Deputy TIJUANA RIVER (WEEDS AND OPPORTUNITIES ASSESSMENT - ALTERNATIVE EVALUATION MATRIX (DRAFT)-10/24/19 - - f4lletr ics in plernerttation and O&M €nvir'tlam€ntai I Community/Societal ., tiwe Description i EStima teed Cast A. Trans- boundary plows (baseline of 1.31$ Sustainability Impact to Ancillary Technical Operating Impact to EEmilronrnental Community Public Support Feasibility Complexity i (Le, energy Habitat Habitat (Ocean) 1EtSti Community Disruption tY p t1+ P usage} {River Valley} Benefits days fyr}) Ratings Diversion of up to 35 rregd to New SBIWTP for Primary 3af4a Treatment and Discharge to Deep Ocean through 5900 implementation: $78M Annual O&M: $1.9M/err Env. Monitoring: $1O1V1 56 r ay1 (51�L) ,^ _- 0 :; 4i) 0 I „° , r' 8 3b/4b Diversion of up I o 10D mgd to New 5E311hlTP for Primary Treatment and Discharge to Deep Ocean through saoo Implementation: $167Iah Annual O&M: 5�.9MJyr Env. IVIonitoring: $1OMM1 0 days {# 4 j :- 5 I'ill ' C 3c/4c Diversion of up to 163 rind to New SBIWTP for PEIrnairy Treatment and Discharge to veep Ocean through ,Bon Implementation: $246M Annual O&M: $4.5 /yr Env. N1criatciring: $IOM 12 days (9 .4) -"' 'r ,0 ill IP - U 3e,/-i� [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: $408MV1 Annual Olidsol: $4.13tvlfyr Env. Monitoring: Sinfv1 12 days (91%) ., ,_'wr 0 410 „... IP • ,�,- = 3a/fle Diversion of up to 35 mgd to Existing SBIWTP for Primary Treatment and Discharge to Deep Ocean through 5130O (per NADB Tijuana River Diversion Study Alternative 4BI implementation: $52M Annual O&M: $IM/yr Env. Monitoring: $IOM , . days (i5 1' 1 �� �++► ---l410 411 • 5af6a Diversiont of up to 20 lr'17g{i to Existing SI?L+rlE3I} and Discharge to Deep Ocean through S600 implementation: $4711+i Annual O&M: $:1M/yr Env. Monitoring: $1OM i 7`, ilr Fr. ,;+_i`: ; • "i 4 ' ,� � i,� .ai '� ••�. _� _ - �. G 5k /6b DDiversionQofup to SD mgd to Existing 56ft1' aandtl6sCi�arge to Deep Ocean through 51300 Irlementati+an. $83 Annual O&.M: $13M/yr Env. i +1onitorJr : $1OM Al days (70%) 1 F `'' t i �J - �`f ^}- --., r"' - _ _ :. 4'.... III N 7 l+urror+i C�ircet Discharge of up to 193 mgd 1 t� 5E3t?CI without Treatrrrertt implementation: $M Annual O&M: $1.6M/yr Env. Monitoring: $30M 9 days (93%} _-•. -~aY . , ;411) I FAnnual Gratuity Flow Direct Discharge of up to 193 mgd [r, 'AUX..R without TreatrriLint Implementation: $B7IVI O&M: $125K/yr Env. Monit orin e: $1 O M 9 days { 3%) �. ill 410?' ,,.i fti �_ 111) - J 12 Tijuana River In -Stream Water ed uality Detention Basin - 70 Ernplt*rntnt3:isryn: j751v1 rnuai t&M:2IIC/yc Env. Monitoring: $]OM days {6a:�) ., IIIhya,!'�+ _r Includes 1V1 7 This column includes a Per EPA's Tijuana 41110 t .',' for environmental permitting and 51M/yr for 10 years for environmental monitoring; environmental tal rnitigatIon is excluded, the number of transboundaryr flow days per year estimated to remain unaddressed after implementation of the projects in each atternat ve. The percentage reflects estimated reduction In trans boundary flow days/year from baseline. River Diversion Study ISosltive impact Moderate Impact Negative Irnpact JIISIH3 TIJUANA RIVER NEEDS AND OPPORTUNITIES ASSESSMENT - ALTERNATIVE EVALUATION MATR1X (DRAFT) T 1O/24./19 Alternative Projects Description Metrics Implementation and O&M 1 Environmental Community/Societal l Estimate Cost` Potential Benefit Technical Operating Feasibility Complexity Sustainability (i.e., energy usage) Impact to habitat (River Valley) Impact to Habitat (Ocean} Environmental Justice Ancillary Coinrrtijnity Community Public Support Benefits Disruption Ratings _—� ( K 1/' Tijuana River Trash Booms and Sedimentation 8a5inx (per IBWC's Tijuana River Basin Feasibility Study Implementation: TBt Annual O&M:MD Env. Monitoring: S10M Removal of 2OE5OO tons f trash and sediment (5-year) .—,, ' { 410 }411110 L 10J11;� Smuggler's Gulchhash Room and In -Line 5eclinren[ation Implementation: $6,210 Annual O&M:1_kMJy�r Inv_ Monitoring: $1OM Removal of 15,&ID tans of trash andgo sediment (S-year) ; �,- •Basin I' 1 10,111b Smugglers Gulch Trash Boom and In-Line/Off-Line Sedimentation Basin Implementation: 571UI Annual O&l+rM: $1.1M/yr Env_ Monitoring: $1tJWI Removal of1fi, OCJ tons of trash and sediment (5-year] -. ) -, , --.• (1111 ill I : 1, 6 SedimentationandTrash Management in Goat Canyon AnnualO&M: S5M Reducell ongoing cost for use 3i1ciGf removal of• captured sediment and trash • • • 11, 1Includes SAKI IDPositive 1 ) for environmental permitting and $IMJyrfor 10 years for environmental mow ii i}g; environmental mitigation is excluded Impact Nlc+dea ate Impact Negative IrrrpacI TIJUANA RIVER NEEDS AND OPPORTUNITIES ASSESSMENT- ALTERNATIVE EVALUATION MATRIX (DRAFT) -10/24/14 Alternative Propects i -` _ Description Smuggler's Gulch Retrofit Low Flow Diversion Smuggler's Gulch In-Strearn water Quality Detention Ra3in Metrics Implementation and O&M I Environmental I Comm urit+f/Societal j Estimated Cos i Potential Benefit SuStairtability Impact to Technical Operating Impact to Feasibili Complexity (Le, energy Habitat tY usage) River Valley) Habitat (Ocean) Environmental Justbce Ancillary Community Community Beneltts Disruption Public Support Ratings410 , i I `- 1110 • ,.. Impie rnen>aatiari: $13M Annual O&M: $51Kfyr4110 Env, Monitoring: SIM implementation: $44M Annual O&M: S1.5M/yr Env. Monitoring: $1QM DiiverSiOn of up to additional 30 MGQ Diversion of up to—^,. additional 163 MGD -.. t t � — 11 Gnat Canyon Retrofit L[rw Flow Diversion lrnplernentation: S1SM Annual f:]&M: $5t 014yr Env. Monitoring: SIOM Diversion of up to410 additional 313 NIGD R 35 twatarry�r� retrofit In -Stream Water Quality Detention Basin implementation: S4Alifv1 Annual O&M: S1.SM,�Yrel Env. Monitoring: $1DM Diversion of up to additional 163 f' i;D • C.) 5 17 Yogurt Canyon Low -Flow Diversion m Implementation: S1 [M Annual 08ii1+t: SSKfyr41111 Env, Monitoring: SlOM Diversion of up to additional 3D MGD- 111110 So - ( 1- Yogurt Canyon Pilot Channel implementation: $.9M O&M: $SK/yr Env. Monitoring: 510M Reduce sediment and freshwater impacts toTJR Estuary reduce flooding on Monument Road IIIAnnual ` 040 27 Tijuana Estuary Tidal Restoration Program pTETF;Pp ImplrSfnentation:52{lQM Annual O&M: TBD Env. Monitoring: SIOM Provides increased function of ecological wetland processes • 10 0 • Includes $4M 1. 4 for environmental permitting and SaM,/yr for 10 years for enwirenrn nt.al nmuaitaring.: environmental mitigation i:, excluded. Positive impact Moderate Impact Negative impact