HomeMy WebLinkAboutReso 2026-186RESOLUTION NO. 2026-186
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED 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 City of Chula Vista passed, adopted, and approved the original version of
Second Amended & Restated Wastewater Disposal Agreement (the “SARA”), per Resolution No.
2026-009 on January 20, 2026, to address the costs and revenues associated with Phase 1 of the
Pure Water Program, and
WHEREAS, since October 23, 2025, the City of San Diego and all Participating Agencies,
except for Padre Dam Municipal Water District, approved the original version of the SARA; and
WHEREAS, the Metro JPA Executive Team, together with staff and legal counsel from
the City of San Diego and Padre Dam MWD, have worked diligently to negotiate and draft a
revised version of SARA that would be acceptable to the City of San Diego, Padre Dam MWD,
and the Metro Pure Water (SARA) Ad Hoc Committee; and
WHEREAS, the negotiators were able to successfully agree to the revised draft of the
SARA that is being presented at today’s meeting; and
WHEREAS, a final draft with exhibits is attached to today’s agenda packet, and
WHEREAS, the key revisions to SARA include:
(1) addition of Section 2.5.6 to address residual flow,
(2) revision to Section 5.2, to include an illustrative example calculation of the FAB
methodology, per Exhibit J, as part of the revised SARA agreement
(3) revision to Section 14.1 to have an effective date of July 1, 2026, irrespective
of when the last party signs the revised SARA, this means that the SARA will
not be effective until the last party approves and signs the agreement, but once
the last party signs, the effective date of the SARA for all intents and purposes,
including billing purposes, will be retroactive to July 1, 2026;
(4) revision to Section 15.1.5, a change from a two-thirds voting threshold to a
three-fourths voting threshold with respect to billing-related changes (changes
to the Functional Allocated Billing (FAB) methodology); and
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Resolution No. 2026-186
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WHEREAS, in an effort to present the revisions above, 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 SARA 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]
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Resolution No. 2026-186
Page No. 3
Presented by Approved as to form by
Luis Schaar, PE Marco A. Verdugo
Director of Engineering & Capital Projects/ City Attorney
City Engineer
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1st day of September 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. 2026-186 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 1st day of September 2026.
Executed this 1st day of September 2026.
Kerry K. Bigelow, MMC, City Clerk
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