Form Rev 9/30/2025
RESOLUTION NO. __________
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 (Exhibit 1); and
WHEREAS, t he 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 residuals flow,
(2) revision to Section 5.2, to include an illustrative example calculation of the FAB methodology, per Exhibit J,
(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
Resolution No.
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 an d 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.
Presented by Approved as to form by
Luis Schaar, PE Marco A. Verdugo
Director of Engineering & Capital Projects/ City Attorney City Engineer