MEETING NOTICE AND AGENDA

Transcription

1 MEETING NOTICE AND AGENDA COMMITTEE ON BINATIONAL REGIONAL OPPORTUNITIES (COBRO) The Committee on Binational Regional Opportunities (COBRO) may take action on any item appearing on this agenda. Tuesday, June 5, to 4:30 p.m. SANDAG 7 th Floor Conference Room 401 B Street, Suite 800 San Diego, CA Staff Contact: Héctor Vanegas (619) AGENDA HIGHLIGHTS OTAY MESA MESA DE OTAY BINATIONAL CORRIDOR: DRAFT FINAL STRATEGIC PLAN REPORT ON SAN YSIDRO SMART BORDER COALITION MISSION STATEMENT The Committee on Binational Regional Opportunities (COBRO) will advise the Borders Committee of the San Diego Association of Governments (SANDAG) concerning both short- and long-term binational related activities, issues, and actions; provide input regarding binational border-related planning and development; and identify ways to assist and coordinate with existing efforts in the binational area. The COBRO will serve as a working group to the SANDAG Borders Committee to facilitate a better understanding of the binational border-related issues and needs of the California-Baja California region.

2 Welcome to SANDAG! Members of the public may speak to the COBRO on any item at the time that the Committee is considering the item. Please complete a Speaker s Slip which is located in the rear of the room and then present the slip to Committee staff. Also, members of the public are invited to address the Committee on any issue under the agenda item entitled Public Comments/Communications. Speakers are limited to three minutes. The COBRO may take action on any item appearing on the agenda. This agenda and related staff reports can be accessed at under meetings on SANDAG s Web site. Public comments regarding the agenda can be forwarded to SANDAG via the comment form also available on the Web site. comments should be received no later than noon, two days prior to the COBRO meeting. In compliance with the Americans with Disabilities Act (ADA), SANDAG will accommodate persons who require assistance in order to participate in SANDAG meetings. If such assistance is required, please contact SANDAG at (619) in advance of the meeting. To request this document or related reports in an alternative format, please call (619) , (619) (TTY), or fax (619) SANDAG offices are accessible by public transit. Phone COMMUTE or see for route information. 2

3 COMMITTEE ON BINATIONAL REGIONAL OPPORTUNITIES Tuesday, June 5, 2007 ITEM # RECOMMENDATION 1. WELCOME AND INTRODUCTIONS +2. MEETING SUMMARY APPROVE Summary of May 8, 2007 meeting. 3. PUBLIC COMMENTS/COMMUNICATIONS AND MEMBER COMMENTS INFORMATION Each speaker is limited to three minutes. +4. UPCOMING EVENTS INFORMATION REPORTS (Items 5 to 8) +5. OTAY MESA MESA DE OTAY BINATIONAL CORRIDOR: DRAFT FINAL STRATEGIC PLAN (Elisa Arias and Ron Saenz, SANDAG; Luis Ruben Rodriguez, IMPlan) RECOMMEND At its May 8, 2007, COBRO meeting, the Committee discussed the comments received on the Draft Otay Mesa-Mesa de Otay Binational Corridor Strategic Plan and proposed responses. The Draft Final Strategic Plan incorporates the responses to comments and also additional progress on early actions. COBRO will be asked to recommend that the Borders Committee approve the attached Draft Final Otay Mesa-Mesa de Otay Binational Corridor Strategic Plan at its meeting on June 22, UPDATE ON OTAY MESA-MESA DE OTAY BINATIONAL CORRIDOR STRATEGIC PLAN S ACTION: DRAFT ENVIRONMENTAL BASELINE ASSESSMENT ON POTENTIAL MITIGATION OF IMPACTS FROM SR 11 AND EAST OTAY MESA PORT OF ENTRY IN MEXICO (Ron Saenz and Keith Greer, SANDAG) INFORMATION This draft report presents progress on identifying the study area, collection of existing data, and defining next steps. It also summarizes existing legal, biological, land use, and digital information that would support a future expanded study. The Committee will be asked to provide input on this report. 3

4 7. REPORT ON SAN YSIDRO SMART BORDER COALITION (Jason Wells, San Ysidro Chamber of Commerce) INFORMATION The San Ysidro Smart Border Coalition is a voluntary communitywide coalition formed to promote a "Port of the Future" at the San Ysidro Port of Entry. This report will present the San Ysidro Smart Border Coalition's purpose and goals for the reconfiguration of the San Ysidro Port of Entry. 8. PRESENTATION ON PALOMA TECHNOLOGIES AND PALOMA TECNOLOGIA A.C. (David Dumas, Paloma Technologies) INFORMATION Paloma is a binational nonprofit pharmaceutical company that is funded in Mexico through SEDECO (Secretariat of Economic Development of the State of Baja California) and is charged with the responsibility of growing the life science economic sector. This presentation will describe progress and plans for the development of a binational globally competitive region. 9. NEXT MEETING DATE AND LOCATION INFORMATION The meeting scheduled on Tuesday, July 3, 2007, is cancelled due to the holiday. The next meeting of the Committee on Binational Regional Opportunities will be held on Tuesday, August 7, 2007, at 3 p.m. at SANDAG. + next to an item indicates an attachment 4

5 San Diego Association of Governments COMMITTEE ON BINATIONAL REGIONAL OPPORTUNITIES June 5, 2007 AGENDA ITEM NO.:2 Action Requested: APPROVE COMMITTEE ON BINATIONAL REGIONAL OPPORTUNITIES File Number: (COBRO) SUMMARY OF MAY 8, WELCOME AND INTRODUCTIONS The May 8, 2007, Committee on Binational Regional Opportunities (COBRO) meeting was called to order by Chair Paul Ganster. The meeting was held at the National Chamber of Commerce and Tourism (CANACO) in the City of Tijuana. Members present were: Paul Ganster, Institute for the Regional Studies of the Californias; Wilfrido Ruiz, South County Economic Development Council; Angelika Villagrana, San Diego Regional Chamber of Commerce; Gerardo Chavez, City of Tecate; José Marquez, Caltrans; Gustavo Perez, City of Chula Vista; Gary Brown, City of Imperial Beach; Larry Van Wey, City of San Diego; Tatiana Suro, Otay Mesa Chamber of Commerce; Olivia Maldonado, City of Tijuana; Jason M-B Wells, San Ysidro Chamber of Commerce; Jose Luis Castro, COLEF; Clay Phillips, Tijuana River National Estuarine Research Reserve; and Carmen Martínez, IMPlan. No Advisory Members were present. 2. MEETING SUMMARY Angelika Villagrana, San Diego Regional Chamber of Commerce, entertained a motion to approve the April 3, 2007, meeting summary. Wilfrido Ruiz, South County Economic Development Council, seconded the motion. The meeting summary was approved. 3. PUBLIC COMMENTS/COMMUNICATIONS AND MEMBER COMMENTS Olivia Maldonado, City of Tijuana, announced that the City of Tijuana would be hosting the Tijuana Tourist Exposition (Tianguis Turistico Tijuana) on May 19 and 20, 2007, in the City of Tijuana. The Exposition will include informational booths representing various attractions and services available in Tijuana and its surroundings. For more information on this event, please contact Olivia Maldonado at omaldonado@tijuana.gob.mx. Hector Vanegas, SANDAG, added that SANDAG Board of Directors Second Vice Chair Hon. Jerome Stocks will be attending this event. Angelika Villagrana, San Diego Regional Chamber of Commerce, announced that Tijuana s Mayor Kurt Honold will host a meeting next Thursday, May 17, 2007, at 9:30 a.m., to discuss public safety in Tijuana. Participants also will have an opportunity to tour the command and control video surveillance facility. 5

6 Angelika Villagrana, San Diego Regional Chamber of Commerce, announced that Tijuana s Mayor Kurt Honold will host a meeting next Thursday, May 17, 2007, at 9:30 a.m., to discuss public safety in Tijuana. Participants also will have an opportunity to tour the command and control video surveillance facility. Jason M-B Wells, San Ysidro Chamber of Commerce, announced the creation of the San Ysidro Smart Border Coalition. This coalition will work with elected officials such as the General Services Administration (GSA), Customs Border Protection (CBP), and other appropriate agencies to ensure commerce in the community of San Ysidro, especially pre-existing and location dependent businesses, are included and accommodated in the reconfiguration of the San Ysidro Port of Entry Reconfiguration. Chair Ganster announced that a visiting researcher from the University of Technology in Sydney is currently conducting a survey on cross-border shopping, which is available online. The survey will analyze cross-border consumption practices in a range of contemporary contexts in the San Diego Tijuana region. Chair Ganster added that a letter from Virgilio Muñoz, Tijuana Trabaja A. C., was received. The letter indicates that Tijuana Trabaja A.C., has transitioned to become Foro Esta Región. Gaston Luken Garza and Jorge Rojo will be the alternates members to COBRO representing Foro Esta Región. An announcement was made that Arturo Vázquez, SANDAG Borders Planning Intern, is leaving SANDAG and will assume the position as Executive Assistant with the Bayside Community Center. 4. UPCOMING EVENTS SANDAG staff provided an attachment of upcoming events. 5. REPORT ON SANDAG S BINATIONAL MOBILE SEMINARS (A copy of the presentation is available upon request) Hector Vanegas, SANDAG, made a presentation on the outcomes from the two mobile seminars held in February and March The first mobile seminar was held in the U.S. side of the Otay Mesa-Mesa de Otay study area and included the following activities: - A presentation on the Smart Growth Planning Process - Visit to the future sites for State Route (SR11) and East Otay Mesa Port of Entry (POE) - Visit to the South Bay Expressway operations center - Walking tour of Otay Ranch Smart Growth development projects The second mobile seminar was held in the City of Tijuana and included the following activities: - Overview of planning activities in the City of Tijuana - A visit to the future site for Otay II Port of Entry - A visit to the Alamar River planning area 6

7 The group also visited strategic projects in the Alamar River planning area, which includes plans for permeable channelization of the river, construction of a lineal park, relocation of irregular settlements, and the construction of an expressway. After discussion among COBRO members, Chair Ganster made the following recommendation: COBRO recommends to present the Report on SANDAG s Annual Binational Event Mobile Seminars on Cross-Border Collaborative Planning to the Borders Committee, and recommends supporting future Mobile Seminars in an effort to advance SANDAG s effort to implement elements of binational planning and follow up on strategic action items developed in the Otay Mesa Mesa de Otay Binational Corridor Strategic Plan. Jason M-B Wells, San Ysidro Chamber of Commerce, entertained a motion to approve the above recommendation. Angelika Villagrana, San Diego Regional Chamber of Commerce, seconded the motion. The recommendation was approved. Clay Phillips, Tijuana River National Estuarine Research Reserve, asked whether the Mobile Seminar addressed the environmental implications of channelizing the Alamar River, especially downstream. Ron Saenz, SANDAG, stated that the channelization of the Alamar River will not be made of cement but rather of permeable materials used in sustainable river architecture. This is a concept that supports the managed development of riparian corridors that do not rely on channelizing river basins. This type of managed development is still possible for the Alamar River since most of it has not yet been channelized. Mr. Saenz added that there were no discussions during the trip about direct impacts in the Estuary. However, the rehabilitation of the river should have positive effects in the area. Chair Ganster added that the concept of a cement channel is a negative approach and agreed that the sustainable river architecture model was the best alternative. Gary Brown, City of Imperial Beach, asked whether the channelization of the Alamar River will have an environmental review process on the Mexican side. Hector Vanegas, SANDAG, stated that the City of Tijuana is currently developing the first phase of the Specific Program for Conservation and Urban Improvement for the Arroyo Alamar Zone. Once the City of Tijuana approves the Plan, it will be presented to state authorities for its final approval. Elisa Arias, SANDAG, explained that it is her understanding that public consultation will be performed before approval of the Alamar River through the Municipal Planning and Development Committee (COPLADEM). After the public comment period and all revisions are made, the Plan would be presented for approval to the Tijuana City Council and finally it would be presented to the State Secretariat of Infrastructure and Urban Development (SIDUE) for its approval and the Governor s authorization and publication in the State Official Gazette. Mr. Saenz added that a presentation on the First Phase of the Specific Conservation and Urban Improvement Plan for the Alamar River Planning Area was made at IMPlan s offices and could be included in a future COBRO agenda. 7

8 6. DRAFT OTAY MESA MESA DE OTAY BINATIONAL CORRIDOR STRATEGIC PLAN: COMMENTS AND PROPOSED RESPONSES (A copy of the comments and proposed responses matrix was included in the COBRO agenda) Elisa Arias and Ron Saenz, SANDAG, made a presentation on the comments and proposed responses made with regards to the draft Otay Mesa Mesa de Otay Binational Corridor Strategic Plan. The draft Plan was presented to COBRO on March 6, 2007, and later to the Borders Committee on March 23, The comment period ended on April 6, Ms. Arias pointed out that the City of San Diego, Caltrans, County of San Diego, Metropolitan Transit System (MTS), and the Otay Mesa Chamber of Commerce submitted written comments on the Draft Otay Mesa Mesa de Otay Binational Corridor Strategic Plan, in addition to comments received at the March 2007 COBRO and Borders Committee meetings. Ron Saenz, SANDAG, highlighted several comments and responses from the following chapters: Issues for Evaluation and Work Program, Population, Housing, Land Use and Employment, Housing and Environmental Conservation. Gary Brown, City of Imperial Beach, asked why group quarters population would not be included in the projected population table. Ms. Arias responded that the group quarters population represents the number of inmates residing at state and local correctional facilities located in East Otay. Staff agreed to include this information as a footnote to Table 3. Ms. Arias highlighted several comments and responses from the Transportation and Economic Development chapters. Ms. Arias indicated that this information would be incorporated in the Draft Final Strategic Plan that will be brought back to COBRO in June The Committee will be asked to recommend that the Borders Committee approve the Draft Final Otay Mesa-Mesa de Otay Binational Corridor Strategic Plan. 7. GOOD NEIGHBOR ENVIRONMENTAL BOARD S (GNEB) 10TH REPORT: ENVIRONMENTAL PROTECTION AND BORDER SECURITY ON THE U.S. MEXICO BORDER (A copy of the presentation is available upon request). Chair Ganster made a presentation on the 10th Environmental Protection and Border Security on the U.S. Mexico Border. The Good Neighbor Environmental Board (GNEB) is an independent advisory group managed by the U.S. Environmental Protection Agency, which advises the President and Congress on environmental quality issues along the U.S.-Mexico border. The GNEB is made up of 15-member organizations and it conveys advice via annual reports and comment letters. 8

9 The 10 th Report included the following topics: - Context and Backdrop - Undocumented Human Crossings in Rural Stretches - Hazardous Materials Shipments through Urban Crossings The 11 th GNEB Report will focus on natural hazards in the border region such as flooding, hurricanes, storm events, earthquakes and wildfires, as well as impacts on human populations and natural systems. A section in preparedness, response and recovery also will be included. Angelika Villagrana, San Diego Regional Chamber of Commerce, asked whether environmental issues along the border are a priority. Chair Ganster stated that border concerns are taken to federal agencies in Washington D.C., through committee members. Several federal agencies participated in the development of the 10 th Report and other contributing efforts. The bottom line is that the border needs more funding for environment and environmental infrastructure. Ms. Villagrana asked whether the GNEB has informed the San Diego Congressional delegation on different activities along the border. Chair Ganster commented that the GNEB has interacted with several congressional representatives. Clay Phillips, Tijuana River National Estuarine Research Reserve, pointed out that the 10 th Report is a balanced and concise document. However, the first challenge should focus on environmental connectivity as there is a subtle omission on the environmental effects of habitat depletion and the need for habitat preservation. And that is related to the actual construction of the border fence in two ways; building the fence in difficult terrain, which will require loss of habitat, and eventually erosion of the wetlands along the border. Chair Ganster added that at a meeting in El Colegio de la Frontera Norte (COLEF) last week, there was a lot of concern about the environmental impacts of the border fence on the Mexican side. There is a negative feeling about constructing this fence, especially without proper consultation with Mexico. Ron Saenz, SANDAG, asked whether the GNEB will provide a follow up next year on the recommendations made on the 10 th Report. Chair Ganster pointed out that some of the recommendations are sometimes general and is difficult to follow up considering the time. Gary Brown, City of Imperial Beach, asked whether there is Mexican representation at the GNEB. Chair Ganster answered that currently there is no representation from the Mexican side. However, there is constant participation from Mexico s Council on Sustainable Development (Consejo del Buen Vecino). 9

10 8. NEXT MEETING DATE AND LOCATION The next meeting of the COBRO meeting will be held on Tuesday, June 5, 2007, at 3 p.m. at SANDAG. 10

11 San Diego Association of Governments COMMITTEE ON BINATIONAL REGIONAL OPPORTUNITIES June 5, 2007 AGENDA ITEM NO.: 4 Action Requested: INFORMATION UPCOMING EVENTS WHAT: ULI San Diego/Tijuana Annual Smart Growth Awards Program WHEN: Tuesday, June 12, 2007 WHERE: MORE INFO: Location TBD Mary M. Lyndon, Executive Director ULI San Diego/Tijuana at mlydon@uli.org or (858) WHAT: Institute of the Americas 1er Foro Internacional de Energías Renovables en Baja California WHEN: Tuesday, June 12, 2007 WHERE: Mexicali, Baja California MORE INFO: Sharon Rose at (858) Ext 125 or sharon@iamericas.org WHAT: San Diego Regional Chamber of Commerce Mexico Economic Outlook 2007 and 21 st Forum Fronterizo WHEN: Wednesday, June 13, 2007 WHERE: San Diego Marriott Hotel & Marina MORE INFO: Viviana Ibañez at (619) or vibanez@sdchamber.org WHAT: South County EDC Tijuana-Rosarito Beach Annual Bus Tour WHEN: Friday, June 15, 2007 WHERE: South County EDC at 1111 Bay Blvd., Suite E, Chula Vista, CA MORE INFO: Wilfrido Ruiz at wilfrido@sandiegosouth or (619) WHAT: San Diego Regional Chamber of Commerce Small Business Awards Luncheon WHEN: Thursday, June 28, 2007 WHERE: San Diego Marriott Hotel & Marina MORE INFO: San Diego Regional Chamber of Commerce at (619) eventregistration@sdchamber.org 11

12 WHAT: ADESU (Alliance for Sustainable Development in the Indigenous Communities of Baja California), NATIVA 2007 Festival WHEN: Saturday and Sunday, July 28 and 29, 2007 WHERE: Ensenada, Baja California MORE INFO: Horacio González at +52 (646) or WHAT: South County EDC 17 th Annual Economic Summit WHEN: Friday, September 28, 2007 WHERE: San Diego Convention Center MORE INFO: South County EDC at or (619) WHAT: Border Energy Forum WHEN: October 18-19, 2007 WHERE: TBD MORE INFO: 12

13 San Diego Association of Governments COMMITTEE ON BINATIONAL REGIONAL OPPORTUNITIES June 5, 2007 AGENDA ITEM NO.: 5 Action Requested: RECOMMEND OTAY MESA-MESA DE OTAY BINATIONAL CORRIDOR: DRAFT FINAL STRATEGIC PLAN File Number Introduction Recommendation The Otay Mesa-Mesa de Otay Binational Corridor Strategic Plan has evaluated transportation, economic development, housing, and environmental conservation issues and has developed strategies to create an effective binational planning partnership. On March 6, 2007, the Draft Strategic Plan was presented to the Committee on Binational Regional Opportunities (COBRO) and released for a 30-day public comment and review period. The Borders Committee discussed the Draft Strategic Plan on March 23, Discussion COBRO is asked to recommend that the Borders Committee approve the Final Otay Mesa-Mesa de Otay Binational Corridor Strategic Plan at its meeting on June 22, At its meeting on May 8, 2007, COBRO discussed the comments received on the Draft Strategic Plan and proposed responses. The Draft Final Otay Mesa-Mesa de Otay Binational Corridor Strategic Plan incorporates the responses to comments and also includes additional progress on early actions. A summary of the strategies can be found in Appendix E of the Draft Final Strategic Plan. The report can be downloaded at Next Steps The Borders Committee will be asked to take action on the Final Otay Mesa-Mesa de Otay Binational Corridor Strategic Plan on June 22, Pending approval from the Borders Committee, the SANDAG Board of Directors will be asked to accept the Final Strategic Plan for planning purposes. Tijuana s Municipal Planning Institute (Instituto Municipal de Planeación or IMPlan) is taking the lead on the Municipality of Tijuana s approval process. Staff from IMPlan, Caltrans, the Secretariat of Infrastructure and Urban Development of Baja California (SIDUE), SANDAG, and other stakeholders will continue to work on the implementation of the strategies included in the plan. Periodic meetings to follow up on implementation status will be held with participation from members of COBRO, the Borders Committee, and Tijuana s Subcommittee on Binational Affairs. Key Staff Contact: Elisa Arias, (619) , ear@sandag.org 13

14 San Diego Association of Governments COMMITTEE ON BINATIONAL REGIONAL OPPORTUNITIES June 5, 2007 AGENDA ITEM NO.: 6 Action Requested: INFORMATION UPDATE ON OTAY MESA-MESA DE OTAY BINATIONAL CORRIDOR File Number STRATEGIC PLAN S ACTION: DRAFT ENVIRONMENTAL BASELINE ASSESSMENT ON POTENTIAL MITIGATION OF IMPACTS FROM SR 11 AND EAST OTAY MESA POE IN MEXICO Introduction One of the early actions included in the Otay Mesa-Mesa de Otay Binational Corridor Strategic Plan is a proposal to Explore the feasibility of a binational land use/open space conservation study for State Route (SR) 11, the future East Otay Mesa-Otay II Port of Entry (POE), and proposed connection from the POE to the Tijuana-Tecate Toll Road (Route 2D), including consideration of binational environmental mitigation strategies. The attached report describes preliminary findings of the Environmental Baseline Assessment study and outlines next steps to future data collection. Discussion The primary goals of this environmental baseline assessment are to define the study area and collect existing baseline data for an expanded study that would evaluate the feasibility of mitigating for the impacts created by the future SR 11 and East Otay Mesa POE. This assessment includes baseline data on existing legal, biological, digital, and land use information and a defined study area. It also identifies gaps in data and next steps that could be conducted in future efforts. Next Steps The release of this draft report marks the beginning of a 60-day public comment and review period. SANDAG staff will address comments from stakeholders on this draft report and provide the Committee with updates as work progresses on this early action. Attachment: 1. Environmental Baseline Assessment on Potential Mitigation of Impacts from SR 11 and East Otay Mesa POE in Mexico Key Staff Contact: Ron Saenz, (619) , rsa@sandag.org 14

15 Attachment 1 DRAFT ENVIRONMENTAL BASELINE ASSESSMENT ON POTENTIAL MITIGATION OF IMPACTS FROM SR 11 AND EAST OTAY MESA POE IN MEXICO INTRODUCTION SANDAG and the City of Tijuana s Municipal Planning Institute (Instituto Municipal de Planeación or IMPlan) are working on the development of the Otay Mesa-Mesa de Otay Binational Corridor Strategic Plan, in collaboration with the State of Baja California s Secretariat of Infrastructure and Urban Development (Secretaría de Infraestructura y Desarrollo Urbano or SIDUE), and Caltrans District 11. The development of this plan also includes input from a diverse group of stakeholders from the United States (U.S.) and Mexico. The SANDAG Borders Committee provides policy guidance, while the Committee on Binational Regional Opportunities (COBRO) is the primary stakeholders group. The Otay Mesa-Mesa de Otay binational corridor has been identified by the Borders Committee and COBRO as an area of opportunity to create an effective binational planning partnership. Transportation, housing, economic development, and environmental conservation are four key issue areas that are being evaluated in the strategic plan. The Borders Committee and the SANDAG Board of Directors approved the Otay Mesa-Mesa de Otay Binational Corridor Early Action Plan in September Since then, staff from IMPlan and SANDAG, in collaboration with Caltrans District 11 and SIDUE, have been working with other stakeholders to initiate the implementation of the proposed early actions. This report focuses on a specific early action identified in the Otay Mesa-Mesa de Otay Binational Corridor Early Action Plan which proposed to Explore the feasibility of a binational land use/open space conservation study for State Route (SR) 11, the future East Otay Mesa-Otay II Port of Entry (POE), and proposed connection from the POE to the Tijuana-Tecate Toll Road (Route 2D), including consideration of binational environmental mitigation strategies. In December 2006 and January 2007, two exploratory meetings with environmental stakeholders were held to follow up on this environmental early action. At these meetings, environmental stakeholders reached consensus that a study was feasible. It also was agreed that an environmental baseline assessment would be an appropriate next step to determine what information exists and what information is still needed to complete a full assessment of a binational mitigation strategy. Consequently, the early action has been refined to include an environmental baseline assessment related to the future SR 11 and East Otay Mesa POE. This action has been included in the Draft Final Otay Mesa-Mesa de Otay Binational Corridor Strategic Plan and is described in this report. ACTION Conduct an environmental baseline assessment to identify legal mechanisms for habitat conservation in Mexico and compile available data on biological resources that can be conserved as a consequence of foreseeable impacts of the proposed SR 11 and East Otay Mesa POE. 1

16 The primary goals of this environmental baseline assessment are to define the study area and collect existing baseline data for an expanded study that would evaluate the feasibility of mitigating for the impacts created by the future SR 11 and East Otay Mesa POE. This assessment includes baseline data on the existing legal, biological, digital, and land use data and a defined study area. The gaps in this data also are identified along with proposed next steps. The expanded study would be funded by a Caltrans Partnership Planning Grant submitted in October If awarded, this grant would expand this assessment into a stakeholder driven process to conduct a binational land use/open space conservation study for SR 11, the future East Otay Mesa-Otay II POE, and proposed road connections from the POE to the Tijuana-Tecate Toll Road (Route 2D). Since natural habitats do not recognize borders, impacts from infrastructure projects to natural areas on either side of the border may harm natural habitat areas across the border. Therefore, the goal is to evaluate the legal, biological and social feasibility of binational environmental mitigation strategies. This case study can be used as a model for other projects of statewide significance along the California/Mexico border. The following Draft Environmental Baseline Assessment is broken into four key areas: legal, biological, land use, and digital information. Each area is further divided into existing information, gaps in information, and next steps. This document is considered a living document, and will be modified as more information in these key areas is obtained. It is hoped that the Caltrans Partnership Planning Grant will provide the necessary infusion of funds to complete this effort (notification is expected in July 2007). STUDY AREA Based upon discussions with the IMPlan and Caltrans, a review of the Las Californias Binational Conservation Initiative (CBI et al. 2004), and information generated from the California Biodiversity Council Working Group on Biodiversity along the Border, it was determined that the still undeveloped areas between Tijuana and Tecate represent one of the greatest threats to biodiversity conservation and one of the biggest natural resources conservation opportunities. Considerable investments have been made north of the border to conserve habitat lands, including Otay Mountain Wilderness Area managed by the Bureau of Land Management, and lands in the County of San Diego conserved as part of the Multiple Species Conservation Program. South of the border, there exist only a few examples, such as a conservation easement adjacent to the Rancho La Puerta Spa. The lack of conserved land south of the border leaves a path for unrestricted growth between Tecate and Tijuana, which are experiencing a four percent and five percent growth rate, respectively. This is substantially higher than what is occurring in San Diego just north of the border. The generalized study area consists of the mountains of Cerro La Avena, Cerro San Isidro, Jesus Maria Mesa, and the surrounding habitat lands. The boundaries would extend west from the Delegaciones of La Presa, east to Valle Redondo, north to the border and south to the southern slopes of Jesus Maria (see Figure 1). These lands have been identified as important habitat for rare and endangered species also occurring in the U.S., including important populations of vernal pool species and U.S. endangered Quino checkerspot butterfly. This area represents the best opportunity for maintaining critical habitat linkages across the border between growing urbanizing areas of 2 Draft Environmental Baseline Assessment on Potential Mitigation of Impacts from SR 11 and East Otay Mesa POE in Mexico

17 Tijuana and Tecate, and is in close proximity to the proposed SR 11, the future East Otay Mesa- Otay II POE, and proposed road connection from the POE to the Tijuana-Tecate Toll Road. The Las Californias Binational Conservation Initiative (CBI et al. 2004) has identified this area as a highly critical conservation area. This area also has been identified by IMPlan and Pronatura, a Mexican non-governmental conservation organization, as an area for focused biological conservation. These reasons helped define the study area for this environmental assessment. LEGAL INFORMATION Existing Data An initial review of available literature on the legal standing of conservation easements in Mexico has produced a legal opinion by an international law firm in Mexico. In 2006, the International Community Foundation (ICF) contracted the international law firm of Baker and McKenzie to provide a legal opinion on the rules governing easements in Mexico. The first portion of the opinion focuses on the laws regulating conservation easements in Mexico, and the second part is a response to questions posed by the ICF. Draft Environmental Baseline Assessment on Potential Mitigation of Impacts 3 from SR 11 and East Otay Mesa POE in Mexico

18 Some of the highlights from this report include: Gaps Easements may be formed in a voluntary and irrevocable manner for a perpetual term. However, this may not be the case for easements formed on Ejido land (land grants for communal farmlands). An easement s validity and force will prevail if the dominant or servient estate is sold or transferred in favor of third parties The following include a list of gaps in data that would be collected in a future expanded study. An analysis of the legal mechanisms and procedures needed for long-term conservation and management of lands in Mexico. A legal analysis of using U.S. tax dollars for acquiring land in Mexico as mitigation for projects occurring in the U.S. Legal analysis of the procedures required for assuring adequate land management for biological mitigation in Mexico. The above data would include information on relevant case studies like the recently created conservation easement located next to the Rancho La Puerta Spa. The Szekely family, owners of this world famous spa located about three miles west of Tecate, Mexico, has created a 3,000-acre nature preserve that extends to the international border. The highlight of this conservation effort includes 3,885-foot Mount Kuchumaa Mountain, which also is protected on the U.S. side. Documentation on the legal mechanisms used to create conservation easements and the practical challenges of land management will be part of future data collection efforts. Next Steps Las Californias Working Group Several steps will need to occur in order to obtain additional information. A crucial player in this effort is the California Biodiversity Council (CBC). The CBC was formed in 1991 to improve coordination and cooperation between the various resource management and environmental protection organizations at federal, state, and local levels. Strengthening ties between local communities and governments has been a focus of the CBC by way of promoting strong local leadership and encouraging comprehensive solutions to regional issues. One of the action items of the September 2006 CBC meeting was the creation of the Biodiversity along the Border committee, and specifically the Las Californias Working Group subcommittee. This subcommittee was assigned to review the Las Californias Binational Conservation Initiative and to work cooperatively with the appropriate entities in Mexico to look for opportunities to protect the natural resources identified in the Las Californias region. A more in-depth description of the CBC proposed initiatives is provided in the Proposal to Create a Binational Committee on Environmental Issues (Appendix A). 4 Draft Environmental Baseline Assessment on Potential Mitigation of Impacts from SR 11 and East Otay Mesa POE in Mexico

19 At its last meeting in May 2007, the Las Californias Working Group discussed a variety of proposals for conservation south of the border. It was agreed that these proposals would be prioritized and recommended for consideration by the CBC and its Mexican partners by fall It also was agreed that a binational Working Group should be formed to collaborate on exploring opportunities for biological conservation along the border region. The Border Agency Fire Council, a binational council on wildlife management, was used as an example of formalizing this forum of cooperation. SANDAG and Caltrans will continue to collaborate with the Biodiversity along the Border Committee and the Las Californias Working Group on the proposed strategy to explore possible binational mitigation in connection with foreseeable impacts from the proposed SR 11 and East Otay Mesa POE. The following is a summary of next steps that would be part of a future expanded study. Use Caltrans Partnership Planning Grant funds to initiate a legal review of the Baker and McKenzie analysis and formulate a binational legal opinion for the use of mitigation in Mexico from projects occurring in the U.S. under all appropriate federal and state environmental statutes. Through the California Biodiversity Committee, obtain information on each agency s ability to use resources across the border for either mitigation or planning/biological studies. Continue discussions that have been initiated with the Council for Environmental Quality to obtain further legal analysis on the ability of federal agencies to accept compensatory mitigation for biological impacts south of the border. Follow-up with the U.S. federal and state resource agencies staff responsible for accepting environmental mitigation on their willingness to allow mitigation credit for lands conserved south of the border. Evaluate the legal and social aspects of what long-term conservation means in a separate sovereign nation at the federal, state and local levels of government. Draft Environmental Baseline Assessment on Potential Mitigation of Impacts 5 from SR 11 and East Otay Mesa POE in Mexico

20 Cerro San Isidro Source: SANDAG BIOLOGICAL INFORMATION Existing Data Several studies have been collected that document important biological characteristics of potential conservation areas. The following is a list and a description of studies collected: Jesus Maria Biological Resources Report prepared by the U.S. Fish and Wildlife Service (dated February 2007). This report identifies biological resources on Jesus Maria Mesa, an area with sensitive vernal pools and endemic plant species. Las Californias Binational Conservation Initiative (dated February 2004) prepared for the San Diego Foundation, the Nature Conservancy, and the International Community Foundation. The Las Californias Binational Conservation Initiative takes a systematic, phased approach to conservation in the border region. The planning phase uses a science-based approach, with uniform conservation targets and goals, to identify significant natural resource areas. The objective of the planning phase is to identify areas that must be linked to conserve representative biodiversity, functional ecological processes, and wildlife movement across the region. 6 Draft Environmental Baseline Assessment on Potential Mitigation of Impacts from SR 11 and East Otay Mesa POE in Mexico

21 Vegetation mapping of the Tijuana River Watershed prepared by San Diego State University (SDSU) Geography Department (2002). Vegetation mapping and mapping of conservation priorities has occurred through the Geographic Information Systems capabilities of SDSU as part of the Tijuana Watershed Vision Plan. Vegetation and sensitive species locations north of the border are available through the Multiple Species Conservation Program and the California Natural Diversity Database. Gaps A review of collected information has determined that it is broad in scope and not up to date. However, this information does generally provide good baseline data to make reasonable assumptions on the environmental characteristics of the study area. A more detailed biological assessment, including field reconnaissance level survey of the study area would need to occur. Some of the gaps identified in the above information include the need for a biological assessment of the study area. This would include updated vegetative mapping at a larger scale of resolution. More detailed species occurrence information for sensitive and endemic species would also be collected. Acquisition of updated digital aerial orthophotography would be necessary for completing a more detailed study. Next Steps The following is a summary of next steps that would be part of a future expanded study. Obtain updated vegetation mapping and species occurrences for lands north of the border conducted as part of the County of San Diego s East Otay Mesa Specific Plan. Obtain any existing biological information from Terrapeninsular, the Center for Scientific Research and Higher Learning of Ensenada (Centro de Investigación Cientifíca y de Educación Superior de Ensenada or CICESE), and the Autonomous University of Baja California (Universidad Autonóma de Baja California-Ensenada or UABC). These organizations may have existing high-resolution aerial photography and some site specific biological data available. Obtain historic information records from the San Diego Natural History Museum. Use Caltrans Partnership Planning Grant funds to contract biologist to complete a more specific biological analysis of study area. Evaluate methods for assuring long-term land management for lands acquired for mitigation. Draft Environmental Baseline Assessment on Potential Mitigation of Impacts 7 from SR 11 and East Otay Mesa POE in Mexico

22 Jesus Maria Mesa, View North to Cerro La Avena Source: Mark Dodero LAND USE INFORMATION Existing Data Current and planned land use information of the study area will be critical in identifying the best areas suited for long-term conservation. Early identification of conflicting land uses will ensure a greater degree of protection for mitigation land and more security for future investments. Land use information north of the border is readily available from the local General Plans and regional comprehensive plans. A review of San Diego County s current and planned land use for areas north of the border abutting potential conservation areas south of the border show mostly areas dedicated for conservation. The Otay Subregional Plan area is approximately 28,380 acres in size. The plan area is located in the most southwesterly corner of the unincorporated county, bordered by the Jamul/Dulzura subregion to the north and east, the City of Chula Vista to the west, and the international border with Mexico to the south. The subregion is characterized by the Otay reservoir, two detention facilities, a landfill, proximity to the Mexican border, and the San Ysidro Mountains. There are two active specific plan areas within the subregion. East Otay Mesa is proposed as a commercial and industrial site that is to serve as a major employment area for southern San Diego County. The subregion is largely undeveloped and in public ownership 8 Draft Environmental Baseline Assessment on Potential Mitigation of Impacts from SR 11 and East Otay Mesa POE in Mexico

23 Gaps Planned land use information for the study area south of the border are limited to the Mesa de Otay and Alamar River study areas, which are on the western fringes of the study area. Land use information for the areas east are in the development stages and would be obtained when completed. Next Steps The following is a summary of next steps that would be part of a future expanded study. Contact County of San Diego to obtain updated draft land use planning data. Contact the Secretariat of Infrastructure and Urban Development (Secretaría de Infraestructura y Desarrollo Urbano Estatal or SIDUE) to acquire, if available, land use plans for the Valle Redondo area. Contact the City of Tijuana s Municipal Planning Institute (Instituto Municipal de Planeación or IMPlan) to acquire planned land use information for the study area as it becomes available. DIGITAL INFORMATION Existing Data Several studies have generated important information in a Geographic Information System (GIS) compatible format. These sources of digital data can be incorporated into a larger, central database for use in the evaluation of a binational mitigation strategy. The following is a list of studies collected: Mapping produced by SDSU Geography department for A Binational Vision for the Tijuana River Watershed report. This report has digital online data on general vegetation, soils, watersheds, rivers and geology. These data were collected at a variety of different scales of resolutions. U.S. Geological Survey (USGS) and the Department of Homeland Security (DHS) have digital aerial imagery south of the border. This imagery, acquired in 2005 as part of the National Agriculture Imagery Program, covers the entire study at a spatial resolution of one meter. Higher resolution aerial photography maybe available through Mexican Universities. Gaps A review of this information has determined that it is mostly general in scope and not up to date. However, the available information does generally provide good baseline data to make reasonable assumptions on the environmental characteristics of the study area. More detailed GIS data would need to be collected for a more complete environmental study. This may include the collection and Draft Environmental Baseline Assessment on Potential Mitigation of Impacts 9 from SR 11 and East Otay Mesa POE in Mexico

24 digitizing of paper maps, online editing of existing digital data such as land use, and the new acquisition of the data through Global Positioning Systems. Some of the gaps identified in the above information include the need to identify land ownership in the study area and incorporated into a GIS database. This also would include updated vegetation mapping and sensitive species mapping. Next Steps The following is a summary of next steps that would be part of a future expanded study. Partner with IMPlan, the Center for Scientific Research and Higher Learning of Ensenada (CICESE), and the Autonomous University of Baja California (UABC) to obtain digital information that may be available through their organizations. Continue to work with non-governmental organizations such as Terrapeninsular, PRONATURA, the Conservation Biology Institute and the Nature Conservancy to obtain digital information that may be available through their organizations. Secure land ownership information from Pronatura. Work with GIS staff in creating database and mapping for study area. Secure aerial photography of the study area from USGS, CICESE, and/or DHS. Incorporate any new digital and non-digital information into a GIS database. Collect data about the information such as scale, resolutions, sources, contact, and date. 10 Draft Environmental Baseline Assessment on Potential Mitigation of Impacts from SR 11 and East Otay Mesa POE in Mexico

25 CONCLUSION Otay Mountain, looking south to Jesus Maria Mesa and Cerro La Avena Source: SANDAG This draft report documents available legal, biological, land use and digital information that is available for the study area, as currently known by SANDAG staff. It also outlines recommended next steps to obtain information to complete the environmental assessment. Although many gaps still exist, it is hoped that the circulation of this report among stakeholders (Appendix B) may generate momentum to fill in those gaps. SANDAG staff will be developing a data matrix to track the existing data sources, contacts for additional data sources, and other attributes to update this environmental baseline assessment periodically. This environmental baseline assessment will serve as a good foundation for the continued examination of a binational land use/open space conservation study for proposed transportation infrastructure projects around the proposed East Otay Mesa POE. It is envisioned that the proposed Caltrans Partnership Planning Grant would act as the catalyst to complete this effort. If this grant is not awarded, SANDAG staff will continue to partner with U.S. and Mexican stakeholders through the California Biodiversity Council to explore alternate funding sources to complete this effort. Draft Environmental Baseline Assessment on Potential Mitigation of Impacts 11 from SR 11 and East Otay Mesa POE in Mexico

26 As progress is made, this report will be updated and presented at future COBRO and Borders Committee meetings. Quino Checkerspot Butterfly, Jesus Maria Mesa Source: Mark Dodero Appendices: A. CBC Proposed Initiatives: Proposal to Create a Binational Committee on Environmental Issues, September 28, 2006 B. Otay Mesa-Mesa de Otay Binational Corridor Strategic Plan SR-11 and East Otay Mesa POE: Baseline Environmental Assessment Study Environmental Stakeholders 12 Draft Environmental Baseline Assessment on Potential Mitigation of Impacts from SR 11 and East Otay Mesa POE in Mexico

27 Appendix A SANDAG Draft A-1

28 SANDAG Draft A-2

29 SANDAG Draft A-3

30 SANDAG Draft A-4

31 Appendix B Otay Mesa-Mesa de Otay Binational Corridor Strategic Plan SR-11 and East Otay Mesa POE: Baseline Environmental Assessment Study Environmental Stakeholders United States México LOCAL SANDAG County of San Diego STATE Caltrans California Biodiversity Council California Department of Fish & Game FEDERAL Bureau of Land Management U.S. Fish and Wildlife Service U.S. Environmental Protection Agency (EPA) U.S. Federal Highway Administration (FHWA) NON-GOVERNMENTAL ORGANIZATIONS (NGOs)-COMMUNITY/ACADEMIA San Diego State University, Geography Department and the Institute for Regional Studies of the Californias The Nature Conservancy Las Californias Binational Conservation Initiative The International Community Foundation Conservation Biology Institute Others LOCAL Instituto Municipal de Planeación (IMPlan) Ciudad de Tijuana Ciudad de Tijuana - Departamento de Ecología Comité de Planeación y Desarrollo Municipal (COPLADEM) ESTATAL Secretaría de Infraestructura y Desarrollo Urbano (SIDUE) Dirección de Ecología FEDERAL Consulado General de México Secretaría de Comunicaciones y Transporte (SCT) Secretaría de Medio Ambiente y Recursos Naturales (SEMARNAT) ORGANIZACIONES NO GUBERNAMENTALES (ONGs) COMUNIDAD/ACADEMIA Pronatura Rancho de la Puerta Universidad Autónoma de Baja California El Colegio de la Frontera Norte Terrapeninsula Center for Scientific Research and Higher Learning of Ensenada (Centro de Investigación Científica y de Educación Superior de Ensenada or CICESE) Otros B-1