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Newport Beach City Council
January 28, 2025

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Staff Report
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January 28, 2025
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Newport Beach City Council
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January 28, 2025
Agenda Item No. 10
TO:

HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:

Mark Vukojevic, Utilities Director - 949-644-3011, [email protected] PREPARED BY:

Joshua Rosenbaum, Senior Management Analyst - 949-644-3011 [email protected] TITLE:

Approve Professional Services Agreement with Environmental Compliance Inspection Services Corp. for Grease Control Device Inspection Services ABSTRACT:

The Utilities Department is responsible for the biannual permitting, monitoring and inspection of grease control devices and grease management practices for restaurants within the City’s sewer service area. These responsibilities are mandated under the City’s Municipal Code Chapter 14.30 and are part of the Sewer System Management Plan to minimize sanitary sewer overflows. Following a Request for Proposals process, the department is requesting approval of a five-year agreement with Environmental Compliance Inspection Services Corporation to provide these services.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve the Professional Services Agreement with Environmental Compliance Inspection Services Corporation for the grease control device inspection program for a five-year term and a total contract compensation amount of $450,000, and authorize the Mayor and City Clerk to execute the agreement.

DISCUSSION:

Newport Beach Municipal Code section 14.30 establishes regulations for the proper disposal of grease and other insoluble waste discharges from food service establishments (i.e., restaurants and commercial kitchens). As part of the Utilities Department’s responsibilities, the City inspects approximately 400 restaurants to ensure compliance with these regulations. The goal is to prevent sewer spills into Newport Bay and the Pacific Ocean caused by blockages resulting from the buildup of fats, oils and grease (FOG). The code specifies grease disposal requirements for restaurants while promoting public health, safety and welfare, and ensuring the cost of maintaining the public sewer system is equitably distributed amongst users.

Additionally, the State Water Resources Control Board requires every wastewater agency to adopt a Sewer System Management Plan specifically focused on minimizing sewer spills. This plan provides an overview of the City’s procedures, protocols and best management practices and is updated regularly. A new update of the sewer management plan was recently completed and will be brought forward for the Council’s consideration in spring 2025. One important component of the management plan is the City’s program to manage FOG generated by approximately 400 restaurants in the City’s service area.

The FOG program is administered through a combination of City Utilities staff and a contracted service. City staff oversees the overall program, manages the permitting system, and responds to emergencies. A specialized environmental contractor conducts regular restaurant visits to educate operators on grease best management practices, inspect documentation and grease control devices, and to follow up with any non-compliance issues that are noted or observed. The program’s primary goal is to eliminate or reduce sewer overflows and spills from the restaurants themselves or from the City’s system. Currently, there is no fee to the business for this service.

In October 2024, the City issued a formal Request for Proposals (RFP25-23) for these services. One proposal was submitted by the current contractor, Environmental Compliance Inspection Services Corp (ECIS). Despite receiving only one proposal, a review panel evaluated ECIS’s submission and rated its technical qualifications very high. The proposed costs were deemed reasonable, with increases limited to adjustments due to inflation.

The scope of work includes over 400 kitchen inspections and more than 1,000 grease trap/grease interceptor inspections annually, along with necessary follow-ups and re-inspections. ECIS has been the City’s contractor for grease inspection services since 2011 and has consistently delivered satisfactory results. ECIS has built a positive working relationship with the restaurant community, leading to a reduction in sewer overflows. ECIS also brings valuable experience from working with other sewer agencies, making its expertise valuable to the City. The Utilities Department requests approval of a new five-year contract term with ECIS to continue providing grease control device inspection services, for a total contract compensation amount of $450,000.

FISCAL IMPACT:

The adopted budget includes sufficient funding for this Agreement. The costs for services will be expensed to the Wastewater Enterprise Fund program account in the Utilities Department, 7119061-851036.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Professional Services Agreement with Environmental Compliance Inspection Services Corporation 10-3
10-1
Approve Professional Services Agreement with Environmental Compliance Inspection Services Corp. for Grease Control Device Inspection Services January 28, 2025

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