Administrative
Report
H.12., File # 22-3844 Meeting Date: 3/15/2022
To: MAYOR AND CITY COUNCIL
From: TED SEMAAN, PUBLIC WORKS DIRECTOR
TITLE
APPROVE THE THIRD AMENDMENT TO THE AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC. TO ASSIST IN MANAGING AND PERFORMING THE CITY’S RESTAURANT
FATS OILS & GREASE, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM, AND
POLYSTYRENE, SINGLE-USE PLASTIC PRODUCTS & BALLOON COMPLIANCE FIELD
INSPECTIONS AND TO EXTEND THE CONTRACT TERM FOR FIVE YEARS, THROUGH MARCH 31, 2027, AT A COST OF $100,000 PER YEAR INCREASING THE TOTAL CONTRACT NOT TO EXCEED AMOUNT TO $1,199,000.
EXECUTIVE SUMMARY
Approval of this contract will enable the City to use Charles Abbott Associates, Inc. (CAA) to perform the required 700 annual restaurant inspections for Fats Oils & Grease (FOG) inspections, National Pollutant Discharge Elimination System (NPDES) Critical Source business facility inspections, and large construction site inspections that are required as outlined in State Water Resources Control Board (SWRCB) and Los Angeles Regional Water Quality Control Board (LARWQCB) Orders. In addition, CAA will also conduct inspections for the recently adopted City Municipal Code for Polystyrene, single-use plastic products, and certain balloons. CAA has successfully performed the required inspections in a timely fashion and has assisted with numerous business compliance issues throughout the City. The Third Amendment will provide an additional five years of services through March 31, 2027 for an additional $500,000 and a total contract not to exceed amount of $1,199,000.
BACKGROUND
In 2006, the SWRCB adopted Statewide General Waste Discharge Requirements for Sanitary Sewer Collection Systems, Order No. 2006-0003. The primary purpose of the Order is to reduce and/or eliminate Sanitary Sewer Overflows. The Order includes the requirement to implement a citywide FOG Control Program. The goal of the Program is to reduce the amount of fats, oils and grease (FOG) in the wastewater system thereby preventing the potential for overflows and blockages caused by FOG. In addition, the City also holds a LARWQCB NPDES MS4 Permit which was recently renewed and adopted on July 23, 2021 that requires Industrial/Commercial Critical Source Facility and Construction Site Inspections, Orders No. 01-182 & R4-2021-0105.
In June 2007, the City Council adopted two new inspection fees to recover the cost of conducting the unfunded FOG and NPDES inspection requirements. The fee associated with the FOG Control Program is $200.00 annually per business to cover the cost of two required inspections for businesses such as restaurants and car washes. The NPDES fee of $40.00 annually per business is charged to gas stations, auto service businesses, dry cleaners, and industrial facilities with one
H.12., File # 22-3844 Meeting Date: 3/15/2022
charged to gas stations, auto service businesses, dry cleaners, and industrial facilities with one required inspection every 30 months.
On May 19, 2015, the City Council approved a contract with CAA for a two-year term to assist the City in managing and implementing a citywide FOG Control Program and a NPDES Critical Source Inspection Program. CAA currently performs annual inspections of Food Service Establishments, NPDES Critical Source Facilities, large construction site inspections, and follow-up and/or compliance inspections as required. In addition, CAA assists the City with any enforcement actions that are required due to violations of City ordinances, Municipal Code and/or any other applicable regulations pertaining to FOG and/or NPDES. CAA was identified as the most qualified firm with excellent experience and references. The City Council approved the First Amendment on April 18, 2017 to extend the contract term for two additional years to April 18, 2022.
On December 5, 2017, the City Council adopted a resolution awarding a public works contract for construction of the Rindge Sanitary Sewer Pump Station Project and approved funds in the amount of $175,000 for construction management and inspection services for the project. On March 20, 2018, the City Council approved the Second Amendment to CAA for $174,00 to provide the construction management and inspection services associated with the Rindge Sanitary Sewer Pump Station.
In addition to the ongoing FOG and NPDES inspections, this Third Amendment will allow CAA to assist with business inspections associated with the newly adopted ordinance banning certain Polystyrene, single-use plastic products, and certain balloons, (“Ordinance” - Municipal Code Section 5-10.05). As outlined in the Amendment, CAA will conduct inspections to ensure compliance with the Ordinance. CAA will inspect food and beverage and balloon providers to ensure that specific items are not sold or provided within the City, including but not limited to, polystyrene food service ware and coolers and single-use plastic products. In addition, they will inspect businesses to ensure compliance with the prohibition against sale, distribution and use of foil, metalized, or mylar balloons and the release of latex balloons filled with air, helium, and lighter than air gas. CAA will issue a Notice of Non-Compliance form if the business is not in compliance with the City’s municipal code as described herein. If the business refuses to comply, the matter will be turned over to a City code enforcement officer for further enforcement action.
The Third Amendment will also enable CAA to continue to perform the approximately 700 annual inspections of Food Service Establishments, NPDES Critical Source Facilities, and large site Construction Site Inspections for an additional five years. In addition, CAA will continue to perform follow-up and/or compliance inspections as requested. CAA will assist the City with any enforcement actions that are required due to violations of City ordinances, Municipal Code and/or any other applicable regulations pertaining to FOG and/or NPDES.
The existing FOG Control Program includes an inventory of 280 FSEs, each inspected twice per year to conduct education, determine compliance with the code, and take any necessary enforcement actions to gain compliance. CAA will conduct approximately 560 FOG Control inspections in a oneyear period. The City currently has 140 facilities included in the NPDES Critical Source inspection program. Each facility is required to be physically inspected once during the year. CAA will conduct the Critical Source inspections and implement the inspections throughout the year based on geographical efficiency.
H.12., File # 22-3844 Meeting Date: 3/15/2022
COORDINATION
The scope of work identified in the contract will be coordinated through the Public Works Department.
The contract amendment has been approved as to form by the City Attorney’s Office.
FISCAL IMPACT
Funding Expenditures
PW Wastewater M&O $1,025,000 CAA Contract $150,000
Wastewater Fund $174,000 First Amendment $375,000
Second Amendment $174,000
Third Amendment $500,000
Total $1,199,000 Total $1,199,000
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
1. Charles Abbott Associates Inc. Third Amendment
2. Charles Abbott Associates Inc. First Amendment
3. Charles Abbott Associates Inc. Second Amendment
4. Charles Abbott Associates Inc. Original Contract