CITY COUNCIL STAFF REPORT
Meeting Date: August 18, 2025
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
TITLE: ADOPT RESOLUTION NO. ___25 AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH KENNEDY & ASSOCIATES FOR COMPLIANCE
SUPPORT SERVICES WITH MUNICIPAL REGIONAL STORMWATER
PERMIT (MRP 3.0 & 4.0) REQUIREMENTS
SYNOPSIS
This item will consider authorizing the City Manager to execute a Professional Services Agreement with Kennedy & Associates (“consultant”) to continue its stormwater program MRP
3.0 & 4.0 compliance support services. The MRP 3.0 & 4.0 requires the City to implement several stormwater related implementations that are outside of staff expertise.
DISCUSSION
Background
The City of Pleasant Hill participates in the Contra Costa Clean Water Program (CCCWP), which was formed to enable jurisdictions to perform local and countywide clean water activities in a costeffective manner. These activities are mandated by the San Francisco Bay Regional Water Quality Control Board (RWQCB) under the Federal Water Pollution Control Act, through a countywide National Pollutant Discharge Elimination System (NPDES) permit. The permit is issued to the CCCWP with which the City is a co-permittee (with all Contra Costa cities, the unincorporated County, and the Flood Control District). Kennedy & Associates have historically assisted the City to ensure continued compliance in the following areas:
MRP 3.0 and 4.0 Trash Load Reduction Requirements:
On May 11, 2022, the MRP was reissued by the Regional Water Board and is referred to as MRP
3.0. MRP 3.0 became effective on July 1, 2022, and Provision C.10 requires applicable Permittees, including the City, to continue to make progress on reducing trash discharges from their MS4s to receiving waters from 2009 levels.
MRP 4.0 trash load reduction benchmarks will be a continuation of the trash load reduction benchmarks included in previous versions of the MRP.
Development of a Green Infrastructure Plan (GIP):
The GIP identifies potential and future capital projects that can implement green infrastructure improvements such as landscape flow-thru planters and stormwater treatment facilities. These projects treat runoff within landscape areas prior to entering the storm drain system. The City has implemented similar type projects in the past, including Geary Road, Buskirk Improvement, and Pleasant Hill Road projects. Green infrastructure projects help meet our goal and permit requirements.
Managing Stormwater and C.3 Program: This task includes ensuring City compliance with Provision C.3h of the MRP (Operation and Maintenance of Stormwater Treatment Systems) and encompasses such tasks as preparing Operation and Maintenance Agreements for regulated projects; notifying property owners of inspection and reporting requirements, particularly those projects with proprietary devices; and modifying the installed project database to include installation of new pervious pavement. Preparation of the annual report and attendance at CCCWP Committee meetings are additional tasks performed under this program.
The consultant will also perform ongoing miscellaneous stormwater tasks to ensure compliance with various provisions of the MRP 3.0, including reviewing municipal maintenance Best Management Practices with City staff, updating both the City’s Enforcement Response Plan and Business Inspection Plans and other support activities.
Achieve PCB/Mercury Load Reduction
In each Annual Report, the City of Pleasant Hill shall report progress on the acreage of land areas investigated, including progress toward investigation of 100 percent of any old industrial land use, as a likely PCB source. The intent is to reach the load reduction requirement goals set by RWQCB through green infrastructure projects; identifying countywide contaminated hotspot sites for credit, and developing countywide abatement guidelines for building demolition permits that local jurisdictions would implement to capture/abate PCB and Mercury-containing materials during demolition projects. The CCCWP staff has conducted countywide surveys of potential “parcel/hotspots” to determine parcels that may contain potential or significant levels of PCB or Mercury, and allow jurisdictions to meet individual and County-wide requirements. But, the survey confirmed that the City of Pleasant Hill has no hotspot parcels within the City, and will need to rely on local green infrastructure projects and the County to meet this goal.
Analysis
On June 6, 2016, the City Council authorized the City Manager to execute a Professional Services Agreement in the amount of $68,690 with Kennedy & Associates to assist the City in complying with MRP 2.0 requirements and its various provisions of the National Pollutant Discharge Elimination System (NPDES) permit. On October 15, 2018, the City amended the original contract to increase the agreement amount by an additional $105,920. In August 2020, a second amendment to the agreement increased the amount by an additional $187,839 for Kennedy & Associates to continue its services to the City to assure continued compliance with MRP 2.0 & 3.0 requirements.
The existing contract will have a remaining balance of $7,725.11 after payment of the June 2025 invoice for $7,867.83, which covered costs for preparation of the annual report.
Kennedy & Associates have provided an updated scope and proposal for Development Engineering and Stormwater Program Services in the amount of $65,000. Due to the enhanced scope of services that are required by MRP 3.0 & 4.0, staff recommends the City enter into a new contract with Kennedy & Associates.
Staff has reviewed the cost proposal from Kennedy & Associates and finds it to be complete and reasonable.
FISCAL IMPACT
The costs associated with Kennedy & Associates’ support services is funded using available NPDES Funds (Fund 19), with no General Fund money being used. The Finance Department has confirmed that the respective NPDES funds are available.
PUBLIC CONTACT
Public Contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Adopt resolution.
ALTERNATIVES TO RECOMMENDED ACTION
None recommended.
ATTACHMENT(S)
Attachments: Proposed Resolution
Exhibit 1 - Professional Services Agreement
Prepared by: Laetitia Galeazzi, Senior Civil Engineer
Reviewed by: Ann James, Public Works Director
Approved by: Ethan Bindernagel, City Manager