DATE: December 10, 2019
SUBJECT:
Title
STAFF PRESENTATION AND RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR AND/OR HER DESIGNATED REPRESENTATIVE TO SIGN THE JOINT RESOLUTION OF STATE AND LOCAL STAKEHOLDERS RECOMMENDING PROJECT ALTERNATIVES AND FEDERAL ACTIONS TO ELIMINATE DETRIMENTAL TRANSBOUNDARY FLOWS OF WASTES IN THE TIJUANA RIVER VALLEY
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EXECUTIVE SUMMARY:
This agenda item includes both a staff presentation and joint resolution of State and local stakeholders to eliminate detrimental transboundary flows of wastes in the Tijuana River Valley. As stated in the first recital of the resolution,
“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.” (Attachment A)
The history and impact of ongoing transboundary flow of wastes in the Tijuana River Valley has been significant and detrimental. In response the signatories are calling for urgent and immediate action from the United States (U.S.) government to address the ongoing and unabated public health, environmental, and safety crises that has persisted for decades.
Through adoption of a joint resolution by key State and local stakeholders, the signatories are collectively endorsing a suite of projects identified, developed and analyzed by the County of San Diego as set forth in its “SB507 Needs and Opportunities Assessment - Alternative Evaluation Matrix (Draft)” (NOA Matrix), incorporated by reference via the Resolution. The signatories also find critically necessary and to be of the utmost importance, to intercept, divert, and treat in compliance with the Clean Water Act at least 163 million gallons per day of polluted flows from the Main Channel of the Tijuana River, as the primary means to eliminate the greatest amount of transboundary flows of waste possible, as soon as possible, along with other projects in the NOA Matrix.
RECOMMENDATION:
Recommendation
Adopt a resolution authorizing Executive Director and/or her designated representative to sign the joint resolution recommending project alternatives and federal actions to eliminate detrimental transboundary flows of wastes in the Tijuana River Valley.
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FISCAL IMPACT:
There is no fiscal impact directly associated to this presentation and joint resolution.
Compass Strategic Goals:
This agenda item supports the following Strategic Goal(s).
• A Port that the public understands and trusts.
• A Port with a healthy and sustainable bay and its environment.
• A Port that is a safe place to visit, work and play.
• A financially sustainable Port that drives job creation and regional economic vitality.
DISCUSSION:
As outlined above in the Executive Summary, this agenda item includes both a staff presentation and joint resolution of State and local stakeholders to eliminate detrimental transboundary flows of wastes in the Tijuana River Valley. The joint resolution outlines a comprehensive timeline of events and actions that have impacted and continue to impact the public health, environmental quality, and safety in and around the Tijuana River Valley, especially on the United States side of the international border. This joint resolution represents the collective endorsement from the signatories imploring the U.S. government to respond and act swiftly and completely.
Through adoption of a joint resolution by key State and local stakeholders, the signatories are collectively endorsing a suite of projects identified, developed and analyzed by the County of San Diego as set forth in its NOA Matrix, incorporated by reference via the Resolution. The signatories also find critically necessary and to be of the utmost importance, to intercept, divert, and treat in compliance with the Clean Water Act at least 163 million gallons per day of polluted flows from the Main Channel of the Tijuana River, as the primary means to eliminate the greatest amount of transboundary flows of waste possible, as soon as possible, along with other projects in the NOA Matrix.
It is anticipated the signatories will each act on the joint resolution with their respective boards, councils, and commissions in the coming weeks and prior to the next joint regional meeting on this issue, which is anticipated to be hosted by the U.S. Environmental Protection Agency in January 2020. For additional informational background, see Attachment B.
General Counsel’s Comments:
The Office of the General Counsel reviewed this agenda and the proposed resolution as to form and legality.
Environmental Review:
This Board item, including without limitation, a staff presentation and joint resolution of State and local stakeholders to eliminate detrimental transboundary flows of wastes in the Tijuana River Valley, does not constitute an “approval” or a “project” under the definitions set forth in California Environmental Quality Act (CEQA) Guidelines Sections 15352 and 15378 because no direct or indirect changes to the physical environment would occur at this time. CEQA requires that the District adequately assess the environmental impacts of projects and reasonably foreseeable activities that may result from projects prior to the approval of the same. Any project developed as a result of Board’s direction that requires the District or the Board’s discretionary approval resulting in a physical change to the environment will be analyzed in accordance with CEQA prior to such approval. CEQA review may result in the District, in its sole and absolute discretion, requiring implementation of mitigation measures, adopting an alternative, including without limitation, a “no project alternative” or adopting a Statement of Overriding Consideration, if required. The current Board item in no way limits the exercise of this discretion. Therefore, no further CEQA review is required.
The proposed Board item complies with Sections 21 and 35 of the Port Act, which allow the Board to pass resolutions and to do all acts necessary and convenient for the exercise of its powers. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board item is consistent with the Public Trust Doctrine.
The proposed Board item does not allow for “development,” as defined in Section 30106 of the California Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s Coastal Development Permit (CDP) Regulations because they will not result in, without limitation, a physical change, change in use or increase the intensity of uses. Therefore, issuance of a Coastal Development Permit or exclusion is not required. However, development within the District requires processing under the District’s CDP Regulations. Future development, as defined in Section 30106 of the Coastal Act, will remain subject to its own independent review pursuant to the District’s certified CDP Regulations, PMP, and Chapters 3 and 8 of the Coastal Act. The Board’s direction or action in no way limits the exercise of the District’s discretion under the District’s CDP Regulations. Therefore, issuance of a CDP or exclusion is not required at this time.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Jason Giffen
Vice President - Planning, Environment and Government Relations
Attachment(s):
Attachment A: Joint Resolution of State and Local Stakeholders Recommending Project Alternatives and Federal Actions to Eliminate Detrimental Transboundary Flows of Wastes in the Tijuana River Valley
Attachment B: Transboundary Sewage Flows Along the U.S. - Mexico Border in San Diego County