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DATE: |
January 29, 2025 |
04 |
SUBJECT
Title
AUTHORITY TO ADVERTISE AND AWARD A CONSTRUCTION CONTRACT AND RATIFY CHANGE ORDERS FOR PREVIOUS CONTRACT FOR THE TIJUANA RIVER VALLEY DREDGING PROJECT AND RELATED CEQA ENVIRONMENTAL REVIEW UPDATE CHECKLIST (DISTRICT: 1)
Body
OVERVIEW
The County of San Diego’s (County) Tijuana River Valley Regional Park (TRVRP) is located near the United States/Mexico border adjacent to the Nestor community in the City of San Diego and the City of Imperial Beach. The TRVRP encompasses approximately 1,800 acres of land west of Interstate 5, as shown in the Vicinity Map (Attachment A). The Department of Parks and Recreation (DPR) manages recreation spaces and actively works to restore habitat within the TRVRP. Part of managing recreation and open space areas within the TRVRP includes efforts to manage issues arising from transboundary flows of sewage, trash, and sediment that enter the United States from Mexico. Over the last several years, federal, State, and local agencies have identified potential projects and management strategies to address issues associated with transboundary flows.
In 2020, the County completed the Tijuana River Valley Needs and Opportunities Assessment (NOA) Report with Senate Bill 507 funding. The NOA Report identified potential projects and management strategies that could be implemented to minimize impacts of cross-border flows of sewage, trash, and sediment. One of the short-term management strategies identified included removal of trash and sediment from the Tijuana River and associated channels to increase the capacity of the channels to accommodate future wet weather events.
In 2023, DPR leveraged $750,000 from the County’s Fiscal Year 2023-24 Capital Outlay Fund to obtain a $4,250,000 grant from the State Water Resources Control Board and $100,000 from California Department of Fish and Wildlife to complete comprehensive sediment and trash removal efforts in the Tijuana River Valley, including within areas that are beyond the scope of County responsibility and have been historically maintained by the City of San Diego (City). This project was approved by the Board of Supervisors on October 24, 2023 (7) with project activities beginning in Spring 2024 and concluding in November 2024. Through the project, more than 20,000 cubic yards of accumulated materials were removed to help improve hydrologic conditions in the area. While the project was successful, heavy rains in 2024 caused unexpected challenges, including significant flooding within the Tijuana River Valley. As a result, additional trash and sediment removal beyond the original project scope were necessary, leading to an expanded scope and increased costs that necessitate change orders to the construction contract for the project.
Currently, DPR is proposing the next phase of trash and sediment removal within the Tijuana River Valley, as shown in the Project Location Map (Attachment B). This next phase of work will build upon recent efforts completed in 2024, and the County will continue to take a comprehensive approach to sediment and trash removal, including maintenance of areas that are within City property and have been historically maintained by the City. The proposed continuation of the Tijuana River Valley Dredging Project will use approximately $3.4 million in grant funding that the County will be receiving from the U.S. Environmental Protection Agency (EPA) and coordinate efforts between the County and City to provide a regional approach to address sediment and trash management in the Tijuana River Valley.
Today’s actions request the Board to authorize change orders to Contract Number 570867 for the Tijuana River Valley Smuggler’s Gulch Dredging project to close out the contract for the work completed in November 2024. Today’s proposed actions also request authorizing the Director, Department of Purchasing and Contracting to advertise and award a new federally compliant construction contract for the Capital Project 1025467, TJRV Smuggler’s Gulch Dredging. Construction costs are estimated at $3,452,972 including contingency and authorization of change orders to close out the previous contract. If approved, construction is expected to begin in Spring 2025 and is anticipated to be complete by Spring of 2026.
RECOMMENDATION(S)
CHIEF ADMINISTRATIVE OFFICER
1. Find that the Addendum to the Environmental Impact Report (EIR) for the Municipal Waterways Maintenance Plan (State Clearinghouse No. 2017071022), on file with the County of San Diego, has been completed in compliance with California Environmental Quality Act (CEQA) and State and County CEQA Guidelines, that the Board of Supervisors has reviewed and considered the information contained in the Addendum thereto dated October 11, 2023, on file (Attachment C) before approving the project, and that the Addendum reflects the independent judgment and analysis of the Board of Supervisors; and
Find that there are no changes in the project, or in the circumstances under which the project is undertaken, that involve significant new impacts which were not considered in the previously adopted Addendum, dated October 11, 2023. Furthermore, find that there is no substantial increase in the severity of the previously identified significant effects and that no new information of substantial importance has become available since the Addendum was adopted as explained in the Environmental Review Update Checklist Form (November 19, 2024) (Attachment C).
2. Establish appropriations of $4,202,972 in the Capital Outlay Fund for Capital Project 1025467 Tijuana River Valley Smuggler’s Gulch Dredging, based on an Operating Transfer In from the General Fund ($750,000) and U.S. EPA Grant ($3,452,972); and establish appropriations of $750,000 in the Contributions to Capital Outlay Fund, Operating Transfers Out based on funding from Finance Other; and cancel appropriations of $750,000 in the Department of Parks and Recreation, Services & Supplies, based on Costs Applied in the General Fund (750,000). (4 VOTES)
3. Pursuant to Section 402 of the County Administrative Code, ratify Change Orders: CC01, CC02, and CC03 for emergency dredging, removal, and disposal of sediment and debris from the Tijuana River Valley Smuggler’s Gulch under Contract Number 570867 on the basis that the public interest and necessity demanded an immediate expenditure of funds on an emergency basis without competitive bidding. (4 VOTES)
4. Authorize the Director, Department of Purchasing and Contracting to advertise and award a new federally compliant construction contract and take any other action authorized by Section 401 et seq. of the Administrative Code for contracting for the construction of the Tijuana River Valley Dredging Project.
5. Designate the Director, Department of Parks and Recreation or designee, as the County of San Diego Officer responsible for administering the construction contract for the construction of the Tijuana River Valley Dredging Project in accordance with Section 430.4 of the County Code of Administrative Ordinance and Board Policy F-41, Public Works Construction Projects.
6. Authorize the Director, Department of Parks and Recreation, or designee, as agent of the County of San Diego, to conduct all negotiations and submit all documents necessary to accept grant funds related to the Tijuana River Valley Dredging Project, including but not limited to, grant contracts, payment requests, and other items necessary to execute the grant agreements, including any extensions or amendments thereof that do not materially impact or alter the grant programs or funding levels.
EQUITY IMPACT STATEMENT
The Tijuana River Valley Regional Park (TRVRP) is located near the communities of Imperial Beach, San Ysidro, and Otay Mesa. These communities are identified by Senate Bill 535 (2012) and on CalEnviroScreen 4.0 Environmental Justice communities as having high pollution burdens for impaired water bodies, elevated particulate matter pollution, elevated linguistic isolation, and high poverty rates.
The proposed Tijuana River Valley Dredging Project includes construction activities necessary to maintain existing channels in the TRVRP to remove sediment, trash, and debris and increase the conveyance capacity of these channels to improve local flood conditions. The proposed activities will positively impact the community by removing accumulated materials that have been transported to the area via transboundary flows originating in Mexico. By removing these accumulated materials, the project will improve conveyance capacity of the existing channels, which will help reduce localized flood risks. Additionally, by removing accumulated trash and debris from the area, the project will improve the quality of life for residents and visitors of the TRVRP.
SUSTAINABILITY IMPACT STATEMENT
The proposed Tijuana River Valley Dredging Project contributes to many of the County of San Diego’s Sustainability Goals: Goal No. 4 to protect health and well-being; Goal No. 6 to protect ecosystems, habitats, and biodiversity; and Goal No. 7 to reduce pollution and waste. This project is contributing to the health and well-being of the residents of the Tijuana River Valley and its surrounding communities. This underserved community is directly impacted by transboundary flows of sewage, trash, and sediment that enter the area from Mexico.
FISCAL IMPACT
Funds for this request are partially included in the Fiscal Year 2024-25 Operational Plan in the Department of Parks and Recreation. If approved, this request will result in additional costs and revenue of $4,202,972 for Capital Project 1025467 Tijuana River Valley Smuggler’s Gulch Dredging. The funding source is existing one-time General Purpose Revenue in Finance Other ($750,000), and grant funding secured from U.S. EPA in the amount of $3,452,972. There will be no change in net General Fund cost and no additional staff years. Should grant funding not be received, DPR will be unable to proceed as initially planned. It will then be necessary to identify alternative funding sources, including potential partnerships with other agencies, additional grant opportunities, or adjustments to the project scope, to ensure successful project completion.
BUSINESS IMPACT STATEMENT
N/A
Details
ADVISORY BOARD STATEMENT
The property is in the incorporated area of the City of San Diego, and therefore no County Community Planning Group is assigned to this region. This Tijuana River Valley planning area is not recognized by any City of San Diego community planning groups.
BACKGROUND
The Tijuana River Valley Regional Park (TRVRP) is located near the border of the Tijuana River Valley and Nestor communities in the City of San Diego (City) on land owned by the County of San Diego (County). The TRVRP encompasses approximately 1,800 acres of land west of Interstate 5 and just north of the United States/Mexico international border as shown in the Vicinity Map (Attachment A). The park includes 22.5 miles of multi-use trails, a bird and butterfly garden, the County’s largest community garden, baseball fields, soccer fields, a campground, and natural open space. The Department of Parks and Recreation (DPR) manages the active and passive recreation sites and actively works to restore habitat and wetland areas in the region. The project site is part of the South County Multiple Species Conservation Program, a long-term, regional habitat conservation program focused on balancing the protection of plant and animal species with recreation, development, and agricultural activities within the San Diego region.
In 2018, DPR received a $1,328,000 grant from the California Department of Fish and Wildlife (CDFW) Proposition 1 Watershed Restoration Grant Program for a variety of efforts in the Tijuana River Valley. This funding was allocated to evaluate current hydrological conditions and prepare plans and other necessary documentation to improve hydrology in the Tijuana River. After storm events, significant amounts of trash and sediment accumulate within the Tijuana River and adjacent drainage channels limiting the capacity of the channels to carry stormwater and cross-border flows, which often leads to flooding, road closures, and impacts to recreational activities within the Tijuana River Valley. The sediment removal work completed in late 2024 and the maintenance activities proposed in the Tijuana River Valley Dredging Project will alleviate some storm impacts.
In 2020, the County completed the Tijuana River Valley Needs and Opportunities Assessment (NOA) to assess potential management strategies and projects to address transboundary sewage, trash, and sediment flows from Mexico. As part of this effort, the County held public meetings and conducted targeted public and stakeholder outreach with over 30 stakeholder groups. In July 2019, DPR held a public meeting to educate the public on the purpose of the NOA and to receive input on the draft lists of projects. Approximately 80 members of the public attended the meeting, and an additional 35 comments were received after that meeting was completed. The feedback was incorporated into the final version of the NOA report.
One documented impact of the cross-border flows is excess sediment and trash that enters local waterways in the Tijuana River Valley. The amount of sediment and trash that flows through these channels can vary based on the number and extent of storm events, development, and other activities occurring in Mexico at any given time. In addition to causing pollution, these flows cause hydrologic impacts by reducing the conveyance capacity of waterways (including Smuggler’s Gulch and the Pilot Channel), which can cause localized flooding.
One of the strategies identified in the NOA is the regular maintenance of existing channels to remove accumulated materials, thereby increasing the flood conveyance capacity of the channels. The maintenance activities are also a way to improve water quality of the Tijuana River by removing trash and sediment that may have encountered sewage. There are two primary channels in the Tijuana River Valley where this regular maintenance has been completed: Smuggler’s Gulch and the Pilot Channel (Attachment A and Attachment B). Smuggler’s Gulch is a drainage channel that enters the United States from Mexico and runs north until it intersects with the Pilot Channel and ultimately flows into the Tijuana River. The gulch was created by private landowners decades ago to move flows north toward the main channel of the Tijuana River and ultimately to the Pacific Ocean. Over time, the County and the City have acquired underlying ownership of the land where Smuggler’s Gulch is located.
The entire length of Smuggler’s Gulch from the United States-Mexico border to the Pilot Channel is approximately 4,300 feet in length and covers land owned by the County (3,000 feet) and the City (1,300 feet). The portion of Smuggler’s Gulch south of Monument Road, approximately 1,400 feet in length, is located on County property and has historically been maintained by the County on an annual basis to remove accumulated sediment, vegetation, trash, and debris. The portion of Smuggler’s Gulch north of Monument Road and extending to the Pilot Channel is approximately 2,900 feet in length and includes land owned by the County (1,600 feet) and the City (1,300 feet) and has historically been maintained by the City. The Pilot Channel was constructed by the City in 1993 as part of emergency actions taken due to El Niño storms that caused flooding in the area. The Pilot Channel flows toward the west within a southern channel of the Tijuana River to the Tijuana River Estuary, which then drains into the Pacific Ocean. The City has historically dredged the entirety of the Pilot Channel, which is approximately 5,400 feet in length.
The proposed Tijuana River Valley Dredging Project supports the potential projects and management strategies identified in the NOA report and the analysis conducted by the United States Environmental Protection Agency (U.S. EPA) and International Boundary and Water Commission in the Comprehensive Infrastructure Solution conducted with funding through the United States-Mexico-Canada Agreement. In previous years, DPR has spent approximately $500,000 annually to remove trash and sediment from the County-owned portion of the Smuggler’s Gulch channel. The remainder of the Smuggler’s Gulch channel and the Pilot Channel have previously been maintained by the City of San Diego. The proposed project will combine and coordinate County and City efforts and provide a regional approach to address the issue. DPR worked closely with the City to complete environmental review and regulatory permitting necessary to move the project forward.
On June 27, 2023 (16), the County issued a Proclamation of Local Emergency due to the continued conditions for detrimental impacts to the environment, economy, and property within San Diego County, caused by persistent impacts from cross-border pollution and sewage-impacted ocean waters. In 2023, DPR leveraged County funding to obtain a $4,250,000 grant from the State Water Resources Control Board, $100,000 from CDFW, and $750,000 from the Fiscal Year 2023-24 Capital Outlay Fund to complete necessary sediment and trash removal efforts in Smuggler’s Gulch which supported this proclamation. DPR completed these sediment removal efforts as part of the Smuggler’s Gulch Dredging Project. This project was approved by the Board of Supervisors on October 24, 2023 (7) with project activities beginning in Spring 2024 and concluding in November 2024. Through the project, more than 20,000 cubic yards of accumulated materials were removed to help improve hydrologic conditions in the area. While the project was successful, heavy rains in 2024 caused unexpected challenges, including significant flooding within the Tijuana River Valley that created emergency circumstances. As a result, additional trash and sediment removal beyond the original project scope were necessary to mitigate potential flood impacts that threatened public and private properties, leading to an expanded scope and increased costs that necessitate change orders to the construction contract for the project.
Despite the efforts completed in 2024, there is still additional work that needs to be done to remove accumulated sediment, trash, and debris in the Tijuana River Valley. These additional efforts are necessary to continue the County’s goal of implementing a holistic approach to maintaining channels within the Tijuana River Valley and addressing impacts caused by January 2024 storm events. In early 2025, DPR will receive a $3,452,972 grant from the U.S. EPA to implement additional channel maintenance (dredging) activities in existing channels in the Tijuana River Valley as necessary to improve hydrology and reduce localized flood risks. The only funding source for the proposed Tijuana River Valley Dredging Project is the U.S. EPA grant amount total of $3,452,972 available to complete channel maintenance activities and improve hydrology within the Tijuana River Valley in accordance with the June 2023 Proclamation. Given that the U.S. EPA funding comes from the federal government, a new federally compliant construction contract is necessary to complete this work, and the prior contract obtained in 2024 cannot be used.
The proposed Tijuana River Valley Dredging Project will complete the mechanized removal of sediment, vegetation, trash, and debris and includes work on land owned and maintained by the County and land owned and maintained by the City. The goal of the proposed project is to use secured grant funding to improve hydrologic conditions for the benefit of the entire Tijuana River Valley. The County is in coordination with the City on this approach, with the understanding that the proposed dredging activities are one-time-only, short-term in nature, and do not indicate the County’s intent to take on ongoing maintenance of City-owned property within Smuggler’s Gulch or any portion of the Pilot Channel. DPR, in coordination with the City, has completed planning, obtained necessary permits, and completed environmental documentation to allow the Tijuana River Valley Dredging Project to proceed with construction.
Today’s proposed actions request the Board to authorize change orders to Contract Number 570867 for the Tijuana River Valley Smuggler’s Gulch Dredging project for work completed in November 2024. Additionally, today’s proposed actions would authorize the Director, Department of Purchasing and Contracting to advertise and award a new federally compliant construction contract for the Capital Project 1025467, Tijuana River Valley Smuggler’s Gulch Dredging. Planning and environmental costs for the project total $100,000. Construction costs are estimated at $3,202,972 including contingency, and an additional $150,000 will be used for related project expenses, including project administration, monitoring, and reporting, for a total project cost of $3,452,972. If approved, construction is expected to begin in Spring 2025 and is anticipated to be complete by Spring of 2026.
ENVIRONMENTAL STATEMENT
An Addendum to an Environmental Impact Report (EIR) was prepared for the Tijuana River Valley Dredging Project, also known as the TJRV Smuggler’s Gulch Dredging Project (State Clearinghouse No. 2017071022) and adopted by the County of San Diego Board of Supervisors on October 24, 2023. The Addendum determined that no significant impacts would result from the maintenance and dredging of the Pilot Channel and Smuggler’s Gulch in the Tijuana River Valley.
An Environmental Review Update Checklist Form was prepared on November 19, 2024 for action pursuant to CEQA Guidelines Section 15162 et seq. and the project has been found to be consistent with the previous Addendum to the EIR and that there are no substantial changes in the project or in the circumstances under which the project is undertaken, and that no new information of substantial importance has become available since the EIR was adopted. Therefore, no subsequent environmental document needs to be prepared for this action.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
Today’s proposed actions support the Sustainability and Community Initiatives in the County of San Diego’s 2025-2030 Strategic Plan by cultivating a natural environment for residents, visitors, and future generations to enjoy.
Respectfully submitted,
Dahvia Lynch
Deputy Chief Administrative Officer
ATTACHMENT(S)
ATTACHMENT A - Vicinity Map
ATTACHMENT B - Project Location Map
ATTACHMENT C - Environmental Review Update Checklist Form for Projects with Previously Approved Environmental Documents
ATTACHMENT D - Statement of Location and Custodian of Record of Proceedings