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HomeMy WebLinkAboutReso 2026-009RESOLUTION NO. 2026-009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDED AND RESTATED WASTEWATER DISPOSAL AGREEMENT, DIRECTING THE METRO JPA REPRESENTATIVE TO SUPPORT THE SAME AT METRO JPA MEETINGS, AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, the Point Loma Wastewater Treatment Plant (“PLWTP”) is a regional facility in the Metropolitan Sewerage System (“Metro System”) and is permitted to treat 240 million gallons per day (“MGD”) of regional wastewater to an Advanced Primary Level. Operated by the City of San Diego, the PLWTP was constructed in 1963 and is the backbone of the Metro System; and WHEREAS, the City of Chula Vista’s average of 16.7 MGD of wastewater is treated at PLWTP. The City of Chula Vista is one of 12 Participating Agencies (“PAs”) that convey wastewater to PLWTP for treatment; and WHEREAS, the Metro JPA is a joint powers agency composed of the 12 local public PAs each having the authority to provide and contract for the conveyance, treatment, and disposal of wastewater. The Metro JPA and the City of San Diego are partners in overseeing the PLWTP; and WHEREAS, the Federal Clean Water Act, passed in 1972, was amended to allow a modified permit (waiver of secondary treatment) if the discharger could demonstrate the safe discharge of wastewater to the receiving water; and WHEREAS, the 1998 Regional Wastewater Disposal Agreement was created, approved per Resolution No. 18968, and the Metropolitan Wastewater Commission (Metro Commission) was formed; and WHEREAS, the City of San Diego is implementing a phased, multi-year program designed to achieve compliance with the Clean Water Act and regionally produce up to 83 million gallons per day of safe, reliable potable water using new, expanded, or modified facilities, some of which will include Metro System facilities, in order to achieve secondary equivalency at the Point Loma Wastewater Treatment Plant; and WHEREAS, implementation of the Pure Water Program will reduce wastewater discharges to the Point Loma Wastewater Treatment Plant, part of the Metro System , where a large portion of the Participating Agencies’ wastewater is currently treated and disposed of by discharging it into the Pacific Ocean; and WHEREAS, the City of San Diego and the Participating Agencies, amended the 1998 Agreement by executing an Amended and Restated Regional Wastewater Disposal Agreement (the “ARA”), approved per Resolution No. 2018-187, to address the costs and revenues associated with Phase 1 of the Pure Water Program, including specific cost allocations related to the construction, expansion, and/or modification of Metro System facilities and Water Repurification System facilities designed to produce up to 30 MGD of Repurified Water (“Phase 1”); and Docusign Envelope ID: 0A0F6390-9883-4DD8-B670-6DAF17958B03 Resolution No. 2026-009 Page No. 2 WHEREAS, Section 14.2 of the ARA provided that the Parties may amend the ARA by a written agreement between the City of San Diego and all Participating Agencies stating the Parties’ intent to amend or supplement the agreement; and WHEREAS, in an effort to address in good faith the outstanding items described in Section 2.9 of the ARA, and comprehensively and equitably address the costs, revenues, and billing system associated with the Pure Water Program and the related construction, expansion , and/or modification of Metro System facilities beyond Phase 1, the City of San Diego and Participating Agencies, including the City of Chula Vista wish to amend and restate the ARA as provided herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Second Amended and Restated Regional Wastewater Disposal Agreement between the City of San Diego and the Participating Agencies, in the form presented, with such modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute the same . BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes and directs the Metro JPA representative to support the Second Amended and Restated Regional Wastewater Disposal Agreement at Metro JPA meetings. [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: 0A0F6390-9883-4DD8-B670-6DAF17958B03 Resolution No. 2026-009 Page No. 3 Presented by Approved as to form by Eddie Flores Marco A. Verdugo Assistant Director, City Attorney Engineering & Capital Projects Department PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of January 2026, by the following vote: AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None John McCann, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2026-009 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th day of January 2026. Executed this 20th day of January 2026. Kerry K. Bigelow, MMC, City Clerk Docusign Envelope ID: 0A0F6390-9883-4DD8-B670-6DAF17958B03