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HomeMy WebLinkAboutReso 2026-010RESOLUTION NO. 2026-010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADMINISTRATIVE AGREEMENT NO. 1 (AGREEMENT BETWEEN CITY OF SAN DIEGO AND PARTICIPATING AGENCIES IN THE METROPOLITAN SEWERAGE SYSTEM FOR UNIFIED MANAGEMENT OF INDUSTRIAL WASTE DISCHARGE PRETREATMENT AND ENHANCED SOURCE CONTROL PROGRAMS) AND DIRECTING THE METRO JPA REPRESENTATIVE TO SUPPORT THE SAME AT METRO JPA MEETINGS, AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, the City of San Diego operates the Metropolitan Sewerage System (“Metro System”), a regional wastewater system that collects, treats and disposes of wastewater generated from within City of San Diego boundaries and from within the service areas of the Participating Agencies (“PA”), in accordance with National Pollutant Discharge Elimination System (“NPDES”) Permit No. CA107409 and California Waste Discharge Requirements; and WHEREAS, the City of San Diego desires to carry out a uniform industrial waste disposal, pretreatment and enhanced source control program (“Industrial Pretreatment and Source Control Program”) as defined in the Administrative Agreement, on behalf of itself and the PA in the Metro System throughout the Metro System service area; and to help ensure that the City of San Diego can meet the requirements of its NPDES permits, including implementation of both indirect potable reuse under Phase 1 of Pure Water San Diego and a potential future direct potable reuse (“DPR”) program; and WHEREAS, the City of San Diego and the PAs determined that the centralized operation of an Industrial Pretreatment and Source Control Program provides certain General Benefits, as defined in the Administrative Agreement, to all users of the Metro System; and WHEREAS, pursuant to Government Code Sections 6502 and 6513, the PA may delegate to the City of San Diego full authority to carry out a common Industrial Pretreatment and Source Control Program, on behalf of the City of San Diego and the PA; and WHEREAS, pursuant to such delegation, the City of San Diego may issue industrial user permits or discharge authorizations to Industrial Users, levy and collect industrial waste discharge, pretreatment, and permitting fees, fines and penalties, and recover other costs of monitoring and enforcement from industrial and other users discharging to the Metro System on behalf of the PA; and WHEREAS, the City of San Diego and the PA must ensure that all Industrial Users within the Metro System are regulated under an effective Industrial Pretreatment and Source Control Program that conforms to all applicable laws, rules, and regulations; and Docusign Envelope ID: 0A0F6390-9883-4DD8-B670-6DAF17958B03 Resolution No. 2026-010 Page No. 2 WHEREAS, the costs related to the industrial discharges inspection, monitoring, and enforcement program within the City of San Diego’s boundaries, including related administrative and laboratory costs, are excluded from the amounts charged by City of San Diego as Metro System Costs to City of San Diego and the PA; and WHEREAS, the City of San Diego and the PA agreed to negotiate in good faith to allow certain costs relating to the Industrial Pretreatment and Source Control Program to be charged as Metro System Costs to City of San Diego and PA in recognition of the General Benefits that the program provides to the Metro System; and WHEREAS, the PA agree to delegate the City of San Diego, as the agent of each PA, and the City of San Diego agrees to accept, the authority and responsibility for diligently inspecting, monitoring and enforcing the City of San Diego’s Industrial Pretreatment and Source Control Program ordinances on behalf of the PA within their respective boundaries through administrative or legal proceedings, with the PA working in coordination with the City of San Diego as necessary in enforcement efforts; and WHEREAS, the City of San Diego and the PA intend for all costs relating to the Industrial Pretreatment and Source Control Program be recovered, to the maximum extent permissible by law, through fees, costs, charges, and fines billed directly to Industrial Users subject to the Industrial Pretreatment and Source Control Program, and for such fees, costs, charges, and fines to be reviewed and updated periodically to ensure maximum cost recovery. These costs include, but are not limited to, costs of permitting, inspection, compliance monitoring, setting of Local Limits, source control, and enforcement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Administrative Agreement No. 1 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 Administrative Agreement No. 1 at Metro JPA meetings. [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: 0A0F6390-9883-4DD8-B670-6DAF17958B03 Resolution No. 2026-010 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. 2026-010 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