RESOLUTION NO. _________
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, sedimen t, 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 un treated 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 Resolution No.
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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 Internat ional 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, t he 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, t he 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 authorized 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.
Presented by Approved as to form by
John McCann Marco A. Verdugo
Mayor City Attorney