CITY COUNCIL STAFF REPORT
September 3, 2024 {{section.number}}{{item.number}}
RESOLUTION ON CROSS BORDER WATER QUALITY
RECOMMENDATION:
Adopt a Resolution Asserting the Necessity to Resolve Cross Border Water Pollution and Restore Environmental Quality and Open Access to Coastal Waters.
BACKGROUND:
The City of Tijuana’s regional wastewater infrastructure is decades old, has inadequate capacity to treat and convey wastewater and suffers from repeated breaks and system failures. These failures lead to spillage and wastewater discharge into the Tijuana River, its tributaries and outfall into the Pacific Ocean, polluting the ocean waters off Imperial Beach, Coronado and beyond. The City of Coronado has been tirelessly advocating for wastewater treatment solutions since 2016, along with other regional partners.
On July 16, 2024 the City Council received an update on its collective activities and progress over the past quarter from through June 2024. At that meeting, the City Council expressed a desire to adopt a statement of the priority and urgency of resolving cross-border water pollution.
Updates on the issue are regularly posted on the Cross Border Water Pollution project website at: https://www.projectcoronado.org/cross-border-water-pollution.
ANALYSIS:
Significant progress has been made in the past two years by the governments of the United States and Mexico to allocate additional funding to solve the ongoing impacts of cross border water pollution; however, more funding is needed to properly fund all of the identified sewage infrastructure projects; however, a sense of urgency needs to be maintained to ensure that both governments fully deliver on their promises to complete the infrastructure projects as quickly as possible.
The County of San Diego, and cities of Imperial Beach and San Diego previously have adopted declarations of emergency to help relay the importance of providing immediate solutions to cross border water quality and the lack of sewage infrastructure in Mexico impacting local waters. The City of Coronado is authorized under the California Emergency Services Act, including Government Code Section 8630 and the Coronado Municipal Code Chapter 2.50 to proclaim the existence or threat of a local emergency through a declaration adopted by City Council. A declaration can be made under the Municipal Code in the event “a great public crisis, disaster, riot, catastrophe, or similar public emergency which is menacing life and property” exists.
The purpose of a declaration of emergency is to enable the City to respond and recover quickly from a disaster, and provides a waiver of City procurement regulations, authority to promulgate local emergency orders and regulations, and enact extraordinary police powers when necessary.
It can also assist the City in applying for grants to help alleviate a disaster.
Once enacted, a declaration of emergency by the City statutorily requires the City Council to review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. This creates an ongoing statutory requirement for the City to review the conditions and justify the ongoing declaration.
In the case of the cross-border water pollution crisis, enactment of a declaration of emergency by the City will not provide additional flexibility or regulatory authority that will assist in the resolution of the crisis as the deficient sewage infrastructure is not locally controlled and must be funded and repaired by the US and Mexican federal governments.
However, given the magnitude of the issue and the City Council’s steadfast commitment and efforts towards its resolution, the City Council wished to set forth a public statement confirming the priority and ongoing efforts. If adopted, the resolution will be shared with regional partners and presented in advocacy efforts when meeting with federal officials to convey Coronado’s ongoing commitment to resolving this crisis.
FISCAL IMPACT:
None.
ALTERNATIVE:
The City Council could choose to not adopt the resolution or direct staff to amend the resolution.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
Not applicable.
PUBLIC NOTICE:
No notice required.
ATTACHMENTS:
1. Resolution 2024-48
Submitted By: City Manager's Office / Tony Winney