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Storm Water Management Facilities Maintenance Agmt 2019-0354786RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF -POWAY P 0 BOX 789 POWAY, CA_ 92074 APN: 317-130-64 & 65 DOC# 2019-0354786 Aug 21, 2019 10:53 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 49 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT Poway Chick-Fil-A, Store #3812 (G 18-0005) The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is entered into between the Property,Owner(s) POWAY TOWN & COUNTRY SHOPPING CENTER, a California general partnership and Edward C. and Barbara J. Malone Family Trust (hereinafter referred to collectively as "OWNER") and the City of Poway (hereinafter referred to as "CITY") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, .OWNER is the owner of certain real property located in the City of Poway, California, more particularly described in' Exhibit "A", hereto (hereinafter referred to as the "PROPERTY"), which is being ,redeveloped into _a drive-thru _restaurant, in. accordance with applications for Development Review 16-017 and Grading Permit Number G18-0005, which are on file with the CITY. This Agreement is .required as a condition of approval for such development. WHEREAS, in accordance with the City of Poway's Stormwater Management and Discharge Control Ordinance, Poway Municipal Code, Chapter 13 and 16 (the "Stormwater Ordinance"), the City of Poway Subdivision Ordinance, the City of Poway Zoning Ordinance, the City of Poway Grading Ordinance and/or other ordinances or regulations of CITY which regulate land development and urban runoff, OWNER has proposed that storm water runoff from the PROPERTY be managed. by the use of the following Storm Water Management Facilities which are identified as "Best Management Practices" or "BMPs": A biofiltratration basin adjacent to the proposed drive thru, a modular wetland system located near the southwest corner of the building, and storage pipes through the parking area as shown on the approved grading plan. \ The precise location(s) and extent of the BMPs are indicated in the approved Storm Water Quality Management Plan, dated December 10, 2018, and on the approved grading plans on file with CITY's Development Services Department as G18-0005. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness and the approximate location of the BMPs are as set forth in the Operation and Maintenance Plan (hereinafter "O&M PLAN"), which is the BMPs are as set forth in the Operation and Maintenance Plan (hereinafter "O&M PLAN"), which is attached hereto and incorporated herein as Exhibit "B". Because additional impervious area may require the addition of or alteration of storm water management areas and strategies, no impervious area may be added to the project site without prior approval from the City Engineer. Additional impervious area includes, but is not limited to, patio covers, hardscape improvements, and building additions. WHEREAS, OWNER's representations that the BMPs will be maintained have been relied upon by CITY in approving OWNER's development applications. It is the purpose of this Agreement to assure that the BMPs are maintained, by creating obligations that are enforceable against the OWNER and the OWNER's successors in interest in the PROPERTY. It is intended that these obligations be enforceable notwithstanding other provisions related to BMP maintenance that are provided by law. NOW, THEREFORE, for consideration of (a) CITY's approval of the above development applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS FOLLOWS: Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and its successors in interest, to all or any portion of the PROPERTY, to comply in all respects with the requirements of the Stormwater Ordinance with regards to the maintenance of BMPs, and in particular agrees to perform, at its sole cost, expense and liability, the following "MAINTENANCE ACTIVITIES": all inspections, cleaning, repairs, servicing, maintenance and other actions specified in the O&M PLAN, with respect to all of the BMPs listed above, at the times and in the manner specified in the O&M PLAN. OWNER shall keep records of this maintenance and provide copies of such records and annual certification of maintenance as requested by CITY. OWNER shall initiate, perform and complete all MAINTENANCE ACTIVITIES at the required time, without request or demand from CITY or any other agency. OWNER further agrees that "MAINTENANCE ACTIVITIES" shall include replacement or modification of the BMPs in the event of failure. Replacement shall be with an identical type, size and model of BMP, except that: (a) The City Engineer may authorize substitution of an alternative BMP if he or she determines that it will be as effective as the failed BMP; and (b) If the failure of the BMP, in the judgment of the City Engineer, indicates that the BMP in use is inappropriate or inadequate to the circumstances, the BMP must be modified or replaced with a more effective BMP to prevent future failure in the same or similar circumstances. 2. Notices. OWNER further agrees that it shall, prior to transferring ownership of any land on which any of the above BMPs are located, or any lot or portion of the PROPERTY which is served by the above BMPs, and also prior to transferring ownership of any such BMP, provide clear written notice of the above described maintenance obligations to the transferee. 3. CITY's Right to Perform Maintenance. It is agreed that CITY shall have the right, but not the obligation, to elect to perform any or all of the MAINTENANCE ACTIVITIES if, in the CITY's sole judgment, OWNER has failed to perform the same. Such maintenance by the CITY shall be conducted in accordance with the nuisance abatement procedures set forth in Poway Municipal Code Chapter 8.72. In the case of maintenance performed by the CITY, it may be performed by CITY forces, or a contractor hired by the CITY, at the CITY's sole election. It is, recognized and understood that the CITY makes no representation that it intends to or will perform any of the MAINTENANCE ACTIVITIES, and any election by CITY to perform any of the MAINTENANCE ACTIVITIES shall in no way relieve OWNER of its continuing Chick-fil-A (G18-0005) Page 2 maintenance obligations under this agreement. If CITY elects to perform any of the MAINTENANCE ACTIVITIES, it is understood that CITY shall be deemed to be acting as the agent of the OWNER and said work shall be without warranty or representation by CITY as to safety or effectiveness, shall be deemed to be accepted by OWNER "as is", and shall be. covered by OWNER's indemnity provisions below. If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that OWNER perform the same and OWNER has failed to do so within a reasonable time stated in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's obligation to pay CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If OWNER fails to pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may assess a lien on the property or properties of the responsible parties pursuant to the procedures set forth in Poway Municipal Code Chapter 8.72. 4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over, under and across all of the PROPERTY, for purposes of accessing the BMPs, inspecting the BMPs, and performing any of the MAINTENANCE ACTIVITIES specified in Paragraph 1 above. CITY shall have the right, at any time and without prior notice to OWNER, to enter upon any part of said area as may be necessary or convenient for such purposes. OWNER shall at all times maintain the . PROPERTY so as to make CITY's access clear and unobstructed. 5. Administration of Agreement for CITY. CITY hereby designates the City Engineer as the officer charged with responsibility and authority to administer this Agreement on behalf of CITY. Any notice or communication to the City related to the implementation of this Agreement shall be addressed to: City Engineer City of Poway 13325 Civic Center Drive Poway, CA 92064 6. Defense and Indemnity. CITY shall not be liable for, and OWNER and its successors in interest shall defend and indemnify CITY and the employees and agents of CITY (collectively "CITY PARTIES"), against any and all claims, demands, liability, judgments, awards, fines, mechanic's liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "CLAIMS"), related to this Agreement and arising either directly or indirectly from any act, error, omission or negligence of OWNER, OWNER's successors, or their contractors, licensees, agents, servants or employees, including, without limitation, claims caused by the concurrent negligent act, error or omission, whether active or passive, of CITY PARTIES. OWNER shall have no obligation, however, to defend or indemnify CITY PARTIES from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of CITY PARTIES. Nothing in this Agreement, CITY's approval of the development application or plans and specifications, or inspection of the work is intended to acknowledge responsibility for any such matter, and CITY PARTIES shall have absolutely no responsibility or liability therefore unless otherwise provided by applicable law. 7. Allocation of Costs. Following the sale or transfer of any of the individual residential lots by OWNER, the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be divided equally by all lot owners, and paid by each lot owner or his or her heirs, assigns and successors in interest. This requirement shall be binding on all lot owners in the subdivision, Chick-fil-A (G18-0005) Page 3 and each shall be responsible for his or her equal share of the cost associated with the maintenance. 8. Agreement Binds Successors and Runs With the PROPERTY. It is understood and agreed that the terms, covenants and conditions herein contained shall constitute covenants running with the land and shall be binding upon the heirs, executors, administrators, successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all persons owning any interest in the PROPERTY (including the interest of CITY or its successors in the easement granted herein). It is the intent of the parties hereto that this Agreement shall be recorded and shall be binding upon all persons purchasing or otherwise acquiring all or any lot, unit or other portion of the PROPERTY, who shall be deemed to have consented to and become bound by all the provisions hereof. 9. OWNER's Continuing Responsibilities Where Work Commenced or Permit Obtained. Notwithstanding any other provision of this Agreement, no transfer or conveyance of the PROPERTY or any portion thereof shall in any way relieve OWNER of or otherwise affect OWNER's responsibilities for installation or maintenance of BMPs which may have arisen under the ordinances or regulations of CITY referred to in this Agreement, or other federal, state or CITY laws, on account of OWNER having obtained a permit which creates such obligations or having commenced grading, construction or other land disturbance work. 10. Amendment and Release. The terms of this Agreement may be modified only by a written amendment approved and signed by the Director of Development Services acting on behalf of CITY and by OWNER or OWNER's successor(s) in interest. This Agreement may be terminated and OWNER and the PROPERTY released from the covenants set forth herein, by a release, which CITY may execute if it determines that another mechanism will assure the ongoing maintenance of the BMPs or that it is no longer necessary to assure such maintenance. 11. Governing Law and Severability. This Agreement shall be governed by the laws of the State of California. Venue in any action related to this Agreement shall be in the Superior Court of the State of California, County of San Diego. OWNER hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER: POWAY TOWN & COUNTRY SHOPPING CENTER, a California general partnership By: PTC Limited, a California Limited Partnership, General Partner By: The Rert C r n 20,94 Trust, dated January 8, 2004, General Partner By: d Date: Robert W. Carson, Trustee By: The Michael Robert Perry Trust, dated June 1, 2017, General Partner By- 4tr Date: 27 Chick-fil-A (G18-0005) Page 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On =27 ?0/9 before me, 1<fd,-� LY'Z-e-�� , ItO u (insert name an"N title of the officer ersonallY appeared eared wCaw P who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. SANDRA Pub M. QUINN Y �'^'`' Notary Public -California ' San Dego County > Commission # 2222525 ALI My Comm, Expires Nov 23.202 t Signature. (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On I before me, (insert name and title of the officer) personally appeared i e, 4A F,(,- f� PF-IC-7—'4,FtZ P p y who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ��.. �• , . JOSEPH YCO ISIP Notary Public - California Z WITNESS my hand and official seal. z L Riverside County Commission k 2248858 1� My Comm. Expires Jul 5, 2022 (Seal) Signature Michael R. Perry, Trustee OWNER: Edward C. and Barbara J. Malone Family Trust By E =Malone, teeByBatee CITY QF POWAY: __ 44' o ert J. Mavis ,. Dir ctor of Development Services APPROVED AS TO FORM: Office of the City Attorney att4_ Ottv Alan Fenstermacher, City Attorney Attachment 1. Certificate of Acceptance 2. Exhibit A — BMP Site Plan 3. Exhibit B — O&M Manual (signature must be notarized) Date: 14-11 Date: Date: 25/9 (signature must be notarized) Melody- •••�. Acting City Engineer Chick-fil-A (G18-0005) Page 5 CERTIFICATE OF ACCE9 �ANCE (Storm Water Management Facilities Maintenance /agreement) This is to certify that the interest in real Zofficer sated in the City of Poway conveyed by the Grant of Easement described in Item 4 of thdocument dated , from POWAY TOWN & COUNTRY SHOPPING a California general partnership and Edward C. and Barbara J. Malone Family Trust, to the ay, a political corporation and/or governmental agency, is hereby accepted by the undersigor agent on behalf of the City Council pursuant to authority conferred by Resolution No. 17;d on April 18, 2017. Dated: Seal: CITY OF POWAY M Robert J. Manis Director of Development Services Chick-fil-A (G18-0005) Page 6 CALWDIRNIA:ALL-PURPOSE ACKNOWLEDGMIENT CIVIL;_CODEI 1.183 A. notary.'public or other-offl' completing this celtUicate verifles':only-the identity of'the Individual who signed the document to which this certificate Is attddhed,,-and,hot thetruthfulness,.'accuracy;'arvalldity of :that document. State :of Callfornia, ) County, of. San Diego _ ) On 2f 0 , lm,^- l $ before me, _ Jason F. Smith, Notary._Public Date Here Insert. Name and Title of ' theOfficer personally appeared 6A &PAAA. S Mat ** -f_ Name(s).of 'Signer(s) Who- proved :to me on the' basis of satisfactory evidence to `be he person(s) whose:. name(s) :is/are subscribed to ;the within Instrument, and acknowledged to me, that_ he/she/they :executed .the same In. his her%theirautFiorized capacity,{les), and,that by,his/her/,thelr signatures) on the.instrument:the person(s), Pr, the entity upon behalf`of which the, persori(s); acted; executed.ihe Instrument, `., `�w•. JASON F. SMITH COMM. #2206460 NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUNTY My Comm. Expires August 15, 2021 1..certify under PENALTY OF PERJURY `under.the laws of the State of California that the foregoing paragraph is' true and correct, WITNESS: my'hand and official seal. Signature Signature of`Notary Publlc Place Notary�Seal A.boye OPTIMAL 'Ttiough,alils 00166 1s: optional, corrip(eting:;ilils.:"Ihf6rination :can .defer alteration :of.tfie document or fraudulent:reattactin '(,`of this form'to:an.unlntended document:, C}.escr ption W A#ddh d Document Title; or. Type ;of'.Document:. Document Date: Number' -of Pages:, Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. Signer's Name: CJ>Corpor�ate .Off(cgr -- Ttle(s}:: O Corporate Officer - Title(s�:. O Partner..— IO, Umited O General. 0 Partner. — 0 Limited O General D Indivitlual' U Attorney. in,",Fact 01 ndividual 0 Attorney in: Fact D'Trustee CJ Guardian, or; Conservator O`Trustee O Guardian or Conservator C7:Q.ther:, O Other; . Signer is Representing: Signer Is Representing:. ©2014 National Notary Associatlon - www: National Notary.org - 1-800=US NOTARY (1-800=876-6827) Item. #5907 The Edward C. and Barbara J. Malone Family Trust darted December 14, 1972 Certification of Trust (California Probate Code Section 18100.5) BARBARA J. MALONE hereby presents this Certification of Trust, in lieu of providing a copy of the trust instrument, to establish the existence and terms of the trust, as set forth below. 1. Purpose of Certification of Trust. This Certification is intended to serve as a "Certification of Trust" under California Probate Code § 18100.5, as amended. Its purpose is (1) to certify the existence of The Edward C. and Barbara J. Malone Family Trust dated December 14, 1972, as amended (the "Trust"), the identity and powers of the ,Trustee, and the manner of taking title to assets, and (2) to summarize some of the more important provisions of the Trust so that the Trustee can deal with third parties, such as financial institutions, stock transfer agents, brokerage houses, insurance companies, and others, without disclosing the entire Trust, which is a private and confidential document. 2. Creation of the Trust. The trust instrument creating the Trust was executed on December 14, 1972 by Edward C. Malone and Barbara J. Malone, as Settlors and as Trustees. The Trust was Amended and Restated on May 6, 1993, was further amended on October 5, 1995, on December 18, 1998, on May 6, 2009, on March 31, 2016, and on September 25, 2016. The Trust continues in existence. ' 3. -Trust Revocable. The Trust is currently revocable and has not been revoked, modified or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect. 4. The Trustee. The currently serving and acting Trustee of the Trust is Barbara J. Malone (the "Trustee"). This Certification of Trust is being signed by the sole serving and acting Trustee of the Trust. 5. Title to Trust Assets. Title to Trust assets shall be taken in the name of Barbara J. Malone, as Trustee of The Edward C. and Barbara J. Malone Family Trust dated December 14, 1972, as amended. 6. Powers of the Trustee. The Trustee has all the powers described in the attached true and correct copy of the pertinent parts of the trust instrument. 7. Signature Authority. While Barbara J. Malone is serving as Trustee, the act of that person shall be* binding on the Trust. 8. Reliance by Third Parties. This Certification contains a true and correct representation of the terms of the Trust. All third parties dealing with the Trustee may rely on this Certification as a true statement of the provisions of the Trust as of the date this Page 1 of 2 9051565.1 Certification is presented to the third party (regardless of the date of execution of this Certification), unless the third party has actual knowledge that the representations contained in this Certification are incorrect. A third party who acts in reliance upon this Certification of Trust without actual knowledge that the representations contained herein are incorrect is not liable to any person for so acting. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 20, 2019, at San Diego, California. 'ice i ARBARA J. MA,r / N , Trustee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CERTIFICATE OF ACKNOWLEDGMENT State of California ) County of San Diego ) On May 20, 2019, before me, ERIN NASH, Notary Public, personally appeared BARBARA J. MALONE, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, -or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ERIN NASH Notary Public - California San Diego County Z Commission 8 2237679 Signature My Comm. Expires May 9, 2022 S 1 g G�1/� (Seal) Page 2 of 2 ' 9051565.1 CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 1189 ./s�¢.�¢.�. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On 1 dnfu_a.ro 6 d.,c) before me, Yvonne Mannion Notary Public , Date Here Insert Name and Title of the Officer personally appeared ZQ hP_ (L T, Alnl S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(sy 'dare subscribed to the within instrument and acknowledged to me that Oe she/they executed the same in his' her/their authorized capacity(ies), and that byb.i�/her/their signature(oon the instrument the person(s), or the entity upon behalf of which the personWacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION WITNESS my hand and official seal. Notary Public - California z San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Signature "il M) A -A Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ST%Xm &-pa-tPY -0M&,rV.A Ar Fac )i-heb 4�41 tWt&I-Ce f_fa ft* 6-A 000S_ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F-1 Other: Signer Is Representing: '��'y' '✓ 'L1�.�✓4'✓.•✓ -� •riri,•✓.�•.rs'r� -ei.-✓q`✓•�'y •ate •u�✓y�'✓.�'.�.•rr -ei •riti4�✓6'�'6•y •ri.'�4�✓4�✓.'✓ '�' 'E4�.�.'�.'� '�' '�.C✓.' 1)T T (�CNMF_A3 i CERTIFICATE OF ACCEPTANCE (Storm Water Management Facilities Maintenance Agreement) This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Easement described in Item 4 of the attached document dated 1321j,1 I'l I , from POWAY TOWN & COUNTRY SHOPPING CENTER, a California general partnership and Edward C. and Barbara J. Malone Family Trust, to the City of Poway, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 17-007 adopted on April 18, 2017. Dated: - J� Seal: CITYnINn THEQxG�/ CITY OF POWAY By: Obert I Ma is Director of Development Services Chick-fil-A (G18-0005) Page 6 CHICK.-FIL-A LEASE AREA N"43'28 "W .: 265.76' 777 117, o. 810-.FILTRATLON ; o i. :off I BASIN o PROPOSED. FARK/NG : AREA .. ......... w� _ NO.T TO SCALE � o STORAGE I �'� PROPOSED BLDG J PIPES. O Lci PC.N88°43:41 "W 265.76' MODULAR WETI_AND:S SYSTEM -P0WA `Y ROAD ;�; (PUBLIC STREET) ` N88'43'4'1 "W .. 299:44' CHICK-FIL-A LEASE AREA -(42 525 S. F, 0.976 Acres) LEASE AREA. L O T 5, AND PORTIONS OF 'LD TS -J & :4 OF TRACT ;NO. 3844- l; ,tiIAP IIID. 9561; RECORDS OF SAN... DIEGQ; COUNTY Prepared by. septi. :Truxaw and Asso� 'In4 . :Civil 'fngln'eers :ond Land.'Surve)vrs DRA 2655 Anita him Site 111; Oran gR, (7/4).975-0265. ' www. tmww coon LL AI `EXHIBIT B' OPERATION & MAINTENANCE PLAN Table of Contents 1. Project Description.............................................................................................................3 2. Operation & Maintenance Plan3 ------------------....---.................---.......---------------------------------- 3. Operation & Maintenance of BMPs 4 a. Training.................................................................................................................... 4 b. Landscaping ........................... ..................._ .............................4 c. Irrigation System....................................................................................................4 d. Storm Water Conveyance System Stenciling and Signage 5 e. Structural BMP — Bio -Filtration Basin 6 f. Structural BMP — Modular Wetlands Device7 .................................................... g. Structural BMP — Storage Tanks.............................................................16 h. Storm Water Pump ........................ .........................................9 i. Outlet Structures 10 j. Vector Control.............................................................---............__.11 Attachments 1. Inspection & Maintenance Schedule 2. Cost Estimate 3. BMP Training Log 4. Inspection & Maintenance Log 5. PDP-SWQMP DMA Exhibit — Proposed Condition 6. Modular Wetlands Supplemental Maintenance Information 2 1. Project Description This project consists of a new Chick-fil-A restaurant at 13464 Poway Rd. in Poway, California. The associated improvements include the construction of a new building, drive-thru and parking lot as well as drainage devices and storm water treatment devices. The operation and maintenance of these treatment devices are discussed in detail within this document. 2. Operation & Maintenance (O&M) Plan This document has been prepared in compliance with the San Diego Regional Water Quality Control Board requirements and in accordance with requirements set by the City of Poway. A Storm Water Quality Management Plan (SWAMP) has been prepared for the project. Refer to this project's SWAMP for additional information on BMPs. Proper maintenance of the project BMPs is required for their intended and effective function. This O&M plan provides operation and maintenance procedures for the BMPs designated in the SWAMP. It includes procedures to be followed for inspection and maintenance of the BMPs, instructions for documenting the work performed, record keeping, and outlining the requirement and procedures for training of personnel involved in the process. 3. Operation & Maintenance of BMPs It shall be the responsibility of the "Owner or Designated Responsible Party" to maintain and to train all employees for the maintenance and operation of all BMPs, to achieve the maximum pollutant reduction they are designed for, as addressed in the approved Project's SWAMP. The following schedule of O&M's must be followed to satisfy the Conditions of Concern and the Pollutants of Concern as addressed in the approved Project's SWAMP. This schedule shall include periodic inspections of all Source Control and Treatment Control BMPs. All Maintenance records for training, inspection and maintenance shall be retained and provided to the city or county upon request. 3 The owner may also be required to provide to the City, as part of the maintenance and operation agreement an executed access easement that shall be binding on the land throughout the life of the project. Responsible Party for O&M and for Training Jennifer Daw Chick-fil-A, Inc. 15635 Alton Parkway, Suite 350 Irvine, CA 92618 (949) 923-8243 The designated responsible party will be responsible for ensuring that individuals involved in O&M activities, including but not limited to contractors and new owners, will be trained according to the training program herein, additionally, upon any future sale of the property, the Owner will be responsible for ensuring that the new Designated Responsible Party is familiar with the contents of the plan and the requirements for the routine inspection, routine and non -routine maintenance and record keeping tasks as described herein. All parties involved in the O&M activities will require reading this plan. a. Training Employee training is an important component of the Implementation of the O&M plan. The employee training program may consist of a meeting with any new owners, Designated Responsible Party or contractor/employees involved in the O&M activities to review the contents of this plan and to physically tour the facility to observe the BMPs and describe O&M requirements for each BMP. The Designated Responsible Party will implement the training program. All contractors involved in landscape and/or facility maintenance at the site shall receive training within 30 -days of hire and shall receive updated annual training. 4 The Designated Responsible Party shall be responsible for documenting all training activities and for maintaining records related to training. Form for documentation of training is included in Attachment 3 of this document. Training records shall be retained and provided to the City or County upon request. b. Landscaping Operational and Maintenance Needs include: 0 Vegetation management to maintain adequate drainage and to limit habitat for mosquitoes, rodents and other disease -carrying vectors. • Parking lot sweeping. • Animal and vector control (any method to limit or eradicate the mammals, birds, insects or other arthropods which transmit disease pathogens). • Periodic sediment removal to optimize performance. • Trash, debris, grass trimmings, tree pruning, and leaf collection and removal to prevent obstruction of landscape areas so as not to prohibit their use as a BMP. • Monitoring irrigation equipment. • Removal of standing water, which may contribute to the development of aquatic plant communities or mosquito breeding areas. ® Preventative maintenance on sampling, flow measurement, and associated BMP equipment and structures. 6 Erosion and structural maintenance to prevent the loss of soil and maintain the performance of all landscaping. Inspection Frequency The facility landscaping will be inspected and the inspection visits will be completely documented: • Once a month at a minimum. • After every large storm event (after every storm monitored or storms with more than 0.50 in. of precipitation) ® On a weekly basis during extended periods of wet weather. 5 Inspect for proper irrigation and fertilizer use and ensure that all landscaped areas have a minimum of 80% coverage. Visual Inspection as part of Landscaping Maintenance ® Visually inspect before and after the rainy season (October i to April 30) Aesthetic Maintenance The following activities will be included in the aesthetic maintenance program: ® Weed Control: Weeds will be removed through mechanical means. Herbicide shall not be used because these chemicals will impact the water quality monitoring. Functional Maintenance Functional maintenance has two components: Preventative maintenance Preventative maintenance activities to be instituted for landscaped areas are: • Grass mowing: Vegetation seed, mix within the landscaped areas, are to be designed to be kept short to maintain adequate drainage and to limit the development of faunal habitats. 0 Prohibitive dumping placards. 9 Trash and Debris: During each inspection and maintenance visit to the site, debris and trash removal will be conducted to reduce the potential for inlet and outlet structures and other components from becoming clogged and inoperable during storm events. o Sediment Removal: Sediment accumulation, as part of the operation and maintenance program of landscaped areas, will be monitored once a month during the dry season, after every large storm (0.50 in.), and monthly during the wet season. Specifically, if sediment reaches a level at or near plant height, or could interfere with flow or operation, the sediment will be removed. R If accumulation of debris or sediment is determined to be the cause of decline in design performance, prompt action (i.e., within ten working days) will be taken to restore the landscaped areas to design performance standards. Actions will include using additional fill and vegetation and/or removing accumulated sediment to correct channeling or ponding. Characterization and Appropriate disposal of sediment will comply with applicable local, county, state, or federal requirements. The landscaped areas will be re -graded, if the flow gradient has changed, and then replanted with sod. ® Removal of Standing (Nater: Standing water must be removed if it contributes to the development of aquatic plant communities or mosquito breeding areas. • Fertilization and Irrigation: The vegetation seed mix is to be designed so that fertilization and irrigation is to be kept at a minimum. • Elimination of Mosquito Breeding Habitats: The most effective mosquito control program is one that eliminates potential breeding habitats. Corrective Maintenance Corrective Maintenance is required on an emergency or non -routine basis to correct problems and to restore the intended operation and safe function of all landscaped areas. Corrective Maintenance activities include: ® Removal of Debris and Sediment: Sediment, debris, and trash, which impede the hydraulic functioning of landscaping and prevent vegetative growth, will be removed and properly disposed. Temporary arrangements will be made for handling the sediments until a permanent arrangement is made. Vegetation will be re-established after sediment removal. Structure Repairs: Once deemed necessary, repairs to structural components of landscaping will be done within 10 working days. Qualified individuals (i.e., the designers or contractors) will conduct repairs where structural damage has occurred. Elimination of Animal Burrows Animal burrows will be filled and steps taken to remove the animals if burrowing problems continue to occur (filling and compacting). If the problem persists, vector control specialists will be consulted regarding removal steps. This consulting is necessary as the threat of rabies in some areas may necessitate the animals being destroyed rather than relocated. If the BMP performance is affected, abatement will begin. Otherwise, abatement will be performed annually in September. General Facility Maintenance: In addition to the above elements of corrective maintenance, general corrective maintenance will address the overall facility and its associated components. If corrective maintenance is being done to one component, other components will be inspected to see if maintenance is needed. Maintenance Frequency The Inspection & Maintenance Schedule included in enclosed Attachment 1 for all BMPs lists the schedule of maintenance activities to be implemented. Debris and Sediment Disposal Waste generated onsite is ultimately the responsibility of the Owner. Disposal of Sediment, debris, and trash will comply with applicable local, county, state and federal waste control programs. C. Irrigation System Inspection Frequency and Procedure The irrigation system shall be checked each week as a minimum. The following items shall be checked to insure that they are functioning properly: ® Shut-off devices Pressure drop sensors 0 Moisture sensors ® All piping and sprinkler heads to insure there are no leaks and that proper water spread is maintained. o All flow reducers ® Check for overspray/runoff d. Storm Water Conveyance System Stenciling and Signage `No Dumping — Drains to Ocean' Signage/Stenciling shall be installed at all catch basin per the projects Storm Water Quality Management Plan (SWQMP). ® Signage/stenciling are to be inspected for legibility and visual obstruction and shall be repaired and cleared of any obstruction within 5 working days of inspection. ® Inspection Frequency: Semi-annually: 30 days prior to October 1St each year and monthly during the rainy season. e. Structural BMP — Bio -filtration Basin [T1] One of the storm water treatment devices onsite is a Bio -Filtration Basin as shown on the PDP -SWAMP DMA Exhibit Proposed Condition in Attachment 5 as T2. The Bio -Filtration Basin treats a portion of the storm water runoff from the project site by allowing the storm water to filter through and engineered soil media and removing pollutants of concern by absorption and adsorption. The treated storm water enters a perforated pipe below the engineered soil media and is discharged at constant rate into the municipal storm drain system. 9 Maintenance Indicators and Actions for Vegetated BMPs Typical Maintenance Indicators Maintenance Actions Poor vegetation establishment Re -seed, re -plant, or re-establish . . , . Erosion due to concentrated irrigation Repair/re-seed/re-plant eroded areas and Standing water in bio -filtration basin* Make appropriate corrective measures such as adjusting irrigation system, removing obstructions of debris or invasive vegetation, clearing underdrains, or repair/replacing clogged or compacted soils. - . __: :,:.. .. }• :. _ .. .-_._.:--:.,.., ��::: �::;:: :.:.� - - >..:s.... ..?.:_..:�..:::::"s::,':r=;''=�^.,:.vet-r'�t_�si ., _.. ,..._-. __�.__:.; ..... _: ...:,. .�� '�.: %'"��:._>;=:._sax::s..:,...r.:.=:-.:,,.._.:.:.-v .: ... ..:...�,.,.�.:. .:..:.::<• - .. .. .... .. _ � u _ :._ lea •.ob s°°-�:� - - - Damage to structural components such Repair or replace as applicable as weirs, inlet or outlet structures. Inspection Frequency The bio -filtration basin facility will be inspected and inspection visits will be completely documented: • Once a month at a minimum 10 0 After every large storm event (after every storm monitored or storms with more than 0.50 inch of precipitation) 0 On a weekly basis during extended periods of wet weather. Maintenance is needed if vegetation height is greater than 5" (height shall be kept between 2" and 5"); if there is standing water; if debris is present or if sedimentation is occurring at the vegetation height; ensure that all landscaped areas have a minimum of 80% overage and that no animal burrow are present. Visual Inspection as part of landscape maintenance ® Inspect before and after the rainy season (October 1 through April 30) Maintenance Category 2 Minimally, the responsible party must provide annual documentation to the county verifying that the BMPs are maintained and functioning properly. However, if the responsible party fails to perform maintenance, the City (in a 'backup' role) may be required to perform the maintenance; therefore security funding is required. Maintenance securities are required for an interim 5 -year period. However, maintenance responsibilities remain in perpetuity. Category2 Mechanisms to Assure Maintenance 1. Watershed Protection Ordinance Requirement: WPO Section 67.812 requires ongoing maintenance of BMPs. In the event that the mechanisms below prove ineffective, or in addition to enforcing those mechanisms, civil action or administrative citation could also be pursued for violations of the ordinance. 2. Public Nuisance Abatement: Under the WPO failure to maintain a BMP would constitute a public nuisance, which may be abated under the Uniform Public Nuisance Abatement Procedure. This provides an enforcement mechanism additional to the above, and would allow costs of maintenance to be billed to the owner, a lien placed on the property, and the tax collection process to be used. 11 3. Notice to Purchasers: Section 67.812(e) of the WPO requires developers to provide clear written notification to persons acquiring land upon which a BMP is located, or others assuming a BMP maintenance obligation, of the maintenance duty. 4. Conditions in Ongoing Land Use Permits: For those applications (listed in WPO Section 67.810.(a)) upon whose approval ongoing conditions may be imposed, a condition will be added which requires the owner of the land upon which the storm water facility is located to maintain that facility in accordance with the requirements specified in the maintenance plan. Failure to perform maintenance may then be addressed as a violation of the permit, under the ordinance governing that permit process. 5. Subdivision Public Report: Tentative Map and Tentative Parcel Map approvals will be conditioned to require that, prior to approval of a Final or Parcel Map, the subdivider must provide evidence to the City, that the subdivider to be issued for the sales of lots within the subdivision, a notification regarding the maintenance requirement. (The requirement for this condition would not be applicable to specific subdivisions which are exempt from regulation under the Subdivided Lands Act, or for which no public report will be issued.) 6. BMP Maintenance Agreement with Easement and Covenant: WPO Section 67.812(f) requires that an agreement will be entered into with the City, which will function in three ways: a. It will commit the land to being used only for purposes of the BMP; b. It will include an agreement by the landowner to maintain the BMPs in accordance with the maintenance plan (this obligation would be passed on to future purchasers or successors of the landowner, as a covenant): and c. It will include an easement giving the City the right to enter onto the land (and any necessary adjacent land needed for access) to maintain the BMPs. This would be required of all applications listed in WPO Section 67.810 with Category 2 BMPs. In the case of subdivisions, this easement and covenant would be recorded on prior to the Final or Parcel Map. 12 Funding: The developer must provide the City with security to substantiate the maintenance agreement; security will remain in place for an interim period of 5 years from the date of approval of the structural BMP Verification Acceptance Package. The amount of the security would equal the estimated cost of 2 years of maintenance activities. The security may be a Cash Deposit, Letter of Credit, or other form acceptable to the City. If at any time, owners fail to maintain BMPs and the City must perform any of the maintenance activities, then owners must pay all of City's costs incurred in performing the maintenance as defined in the maintenance agreement. f. Structural BMP — Modular Wetlands Device [T2] The Modular Wetlands Treatment Device is a proprietary bio -filtration device that performs similarly to the bio -filtration basin but in a more compact manner. It has an inlet pipe, a screening device, a separation chamber, a cartridge filter, soil media and an outlet pipe. Maintenance Indicators and Actions for Modular Wetland Device Typical Maintenance Indicators Maintenance Actions For Modular Wetlands Device Frequent backup due to sediment Remove access cover and clean chamber buildup in the separation chamber manually, with a vacuum truck or a Frequent backup due to clogged/old Remove access cover. Remove and soil media replace old soil media. 13 Inspection Frequency The Modular Wetland Device shall be inspected and inspection visits will be completely documented: ® Inspection of the screening device, separation chamber, cartridge filter and soil media shall occur once every year before the rainy season (October 1) ® Inspection of the vegetation for overgrowth shall occur twice every year with one inspection before the rainy season (October 1) Maintenance Category 2 Minimally, the responsible party must provide annual documentation to the county verifying that the BMPs are maintained and functioning properly. However, if the responsible party fails to perform maintenance, the City (in a `backup' role) may be required to perform the maintenance; therefore security funding is required. Maintenance securities are required for an interim 5 -year period. However, maintenance responsibilities remain in perpetuity. Category2 Mechanisms to Assure Maintenance 1. Watershed Protection Ordinance Requirement: WPO Section 67.812 requires ongoing maintenance of BMPs. In the event that the mechanisms below prove ineffective, or in addition to enforcing those mechanisms, civil action or administrative citation could also be pursued for violations of the ordinance. 2. Public Nuisance Abatement: Under the WPO failure to maintain a BMP would constitute a public nuisance, which may be abated under the Uniform Public Nuisance Abatement Procedure. This provides an enforcement mechanism additional to the above, and would allow costs of maintenance to be billed to the owner, a lien placed on the property, and the tax collection process to be used. 3. Notice to Purchasers: Section 67.812(e) of the WPO requires developers to provide clear written notification to persons acquiring land upon which a BMP is located, or others assuming a BMP maintenance obligation, of the maintenance duty. 14 4. Conditions in Ongoing Land Use Permits: For those applications (listed in WPO Section 67.810(a)) upon whose approval ongoing conditions may be imposed, a condition will be added which requires the owner of the land upon which the storm water facility is located to maintain that facility in accordance with the requirements specified in the maintenance plan. Failure to perform maintenance may then be addressed as a violation of the permit, under the ordinance governing that permit process. 5. Subdivision Public Report: Tentative Map and Tentative Parcel Map approvals will be conditioned to require that, prior to approval of a Final or Parcel Map, the subdivider must provide evidence to the City, that the subdivider to be issued for the sales of lots within the subdivision, a notification regarding the maintenance requirement. (The requirement for this condition would not be applicable to specific subdivisions which are exempt from regulation under the Subdivided Lands Act, or for which no public report will be issued.) 6. BMP Maintenance Agreement with Easement and Covenant: WPO Section 67.812(f) requires that an agreement will be entered into with the City, which will function in three ways: a. It will commit the land to being used only for purposes of the BMP; b. It will include an agreement by the landowner to maintain the BMPs in accordance with the maintenance plan (this obligation would be passed on to future purchasers or successors of the landowner, as a covenant): and c. It will include an easement giving the City the right to enter onto the land (and any necessary adjacent land needed for access) to maintain the BMPs. This would be required of all applications listed in WPO Section 67.810 with Category 2 BMPs. In the case of subdivisions, this easement and covenant would be recorded on prior to the Final or Parcel Map. Funding: The developer must provide the City with security to substantiate the maintenance agreement; security will remain in place for an interim period of 5 years from the date of 15 approval of the structural BMP Verification Acceptance Package. The amount of the security would equal the estimated cost of 2 years of maintenance activities. The security may be a Cash Deposit, Letter of Credit, or other form acceptable to the City. If at any time, owners fail to maintain BMPs and the City must perform any of the maintenance activities, then owners must pay all of City's costs incurred in performing the maintenance as defined in the maintenance agreement. g. Structural BMP -- Storage Tanks [T3 and T4] In addition to the treatment of the storm water that falls onto the project site, the project is also required to meet hydromodification demands which requires that the storm water runoff to be discharged at a constant low flow rate. Maintenance Indicators and Actions for Storage Tanks Typical Maintenance Indicators Maintenance Actions For Hvdromodification Storaae Tanks Frequent backup due to sediment Remove access grate in bio -filtration basin buildup and remove trash/debris manually or with a vacuum truck or replace screen Inspection Frequency The storage tanks shall be inspected and inspection visits will be completely documented: Inspection of the storage tanks shall occur once every year before the rainy season (October 1) Maintenance Category 2 Minimally, the responsible party must provide annual documentation to the county verifying that the BMPs are maintained and functioning properly. However, if the responsible party fails to perform maintenance, the City (in a `backup' role) may be 16 required to perform the maintenance; therefore security funding is required. Maintenance securities are required for an interim 5 -year period. However, maintenance responsibilities remain in perpetuity. Category2 Mechanisms to Assure Maintenance 1. Watershed Protection Ordinance Requirement: WPO Section 67.812 requires ongoing maintenance of BMPs. In the event that the mechanisms below prove ineffective, or in addition to enforcing those mechanisms, civil action or administrative citation could also be pursued for violations of the ordinance. 2. Public Nuisance Abatement: Under the WPO failure to maintain a BMP would constitute a public nuisance, which may be abated under the Uniform Public Nuisance Abatement Procedure. This provides an enforcement mechanism additional to the above, and would allow costs of maintenance to be billed to the owner, a lien placed on the property, and the tax collection process to be used. 3. Notice to Purchasers: Section 67.812(e) of the WPO requires developers to provide clear written notification to persons acquiring land upon which a BMP is located, or others assuming a BMP maintenance obligation, of the maintenance duty 4. Conditions in Ongoing Land Use Permits: For those applications (listed in WPO Section 67.810(a)) upon whose approval ongoing conditions may be imposed, a condition will be added which requires the owner of the land upon which the storm water facility is located to maintain that facility in accordance with the requirements specified in the maintenance plan. Failure to perform maintenance may then be addressed as a violation of the permit, under the ordinance governing that permit process. 5. Subdivision Public Report: Tentative Map and Tentative Parcel Map approvals will be conditioned to require that, prior to approval of a Final or Parcel Map, the subdivider must provide evidence to the City, that the subdivider to be issued for the sales of lots within the subdivision, a notification regarding the maintenance requirement. (The requirement for this condition would not be applicable to specific 17 subdivisions which are exempt from regulation under the Subdivided Lands Act, or for which no public report will be issued.) 6. BMP Maintenance Agreement with Easement and Covenant: WPO Section 67.812(f) requires that an agreement will be entered into with the City, which will function in three ways: a. It will commit the land to being used only for purposes of the BMP; b. It will include an agreement by the landowner to maintain the BMPs in accordance with the maintenance plan (this obligation would be passed on to future purchasers or successors of the landowner, as a covenant): and c. It will include an easement giving the City the right to enter onto the land (and any necessary adjacent land needed for access) to maintain the BMPs. This would be required of all applications listed in WPO Section 67.810 with Category 2 BMPs. In the case of subdivisions, this easement and covenant would be recorded on prior to the Final or Parcel Map. Funding: The developer must provide the City with security to substantiate the maintenance agreement; security will remain in place for an interim period of 5 years from the date of approval of the structural BMP Verification Acceptance Package. The amount of the security would equal the estimated cost of 2 years of maintenance activities. The security may be a Cash Deposit, Letter of Credit, or other form acceptable to the City. If at any time, owners fail to maintain BMPs and the City must perform any of the maintenance activities, then owners must pay all of City's costs incurred in performing the maintenance as defined in the maintenance agreement. h. Storm Water Pump Due the natural topography of the project site, the storm water runoff will need to be pumped into the bio --filtration basin for treatment. The pump is located within the project Il:] site limits and shown on the PDP-SWQMP DMA Exhibit Proposed Condition in Attachment 5. Operation The pump and pump system have been designed so that the pump will operate automatically without the need for an operator. The pumps are housed in an underground basin that collects the storm water runoff from the project site. Once a specified level inside the basin is reached the pump turns on and pumps the storm water to the bio -filtration basin for treatment. Once the storm water ceases to drain to the basin, the pump will shut off automatically. Maintenance Indicators and Actions for Storm Water Pump Typical Maintenance Indicators Maintenance Actions 0- - - - oft, • t . . w Pump is running but no water is discharging into the biofiltration basin The on/off switches inside the pump basin may be damaged. Remove access cover and inspect switches, replace/repair as necessary. Pump impeller may be damaged. Contact pump manufacturer if this is found to be the case. Remove any trash/debris inside the pump basin as 19 i. Outlet.Struetwe t A times: Airouilet structures inspection and 811al[be kept functional �6t a Routine ihSplbO t6fre'dtiVO maintenance shall include riert-IoVal. of trash, Ispdimeht.and: debris and r pair -6f any.structural damage or clogging of orifice outlets. The minimum maintenance frequency zhall. pe' -8,0 days prior toOctober'ls'every year, -we kly during rainy season o within 24 hours. prior to rain forecasts.r-W J. Ve ntr6l Any method 0:1:ift-iit. or eradicate the.marnmals., birds insects or other --:arthropods which - disease pq. transmit, thog'p n.s-- Monagpment ofmo q itoes and other vectors in storm Water managpm'Oht* structures:, such as 8lo-retention Facilities Management i(ities and Managementnt n ' Practice (BMPs), is tical fof protetti,rig public health. In order to implement ',t wratorcontrols.,including minimizing the. risk ,for mosquito -borne p, . en,. disease transmission, it is the re''spoinsibilityldf-the- Owner to regularly maintaint . he outleta y structures and monJitorhe site after every storm event to ensure that th& system (comprising of abbVe and below ground storage facilitios)'i.s d0watered -in les's than 72 c hours. Otherw'ise the owner Will be required :to implement.a: vector control plan, -in -accordance with California E)ep-aftment of Public Health. Maintain all drain a .i . . ge. inlets and .outlets trash free; remove silt; make sure to clear s pny-,sta_ndi.qgwater after 72:_hours;ofponding. Vector Control Resdurde' s: 1P :For county of San Diego vector educational -brochures plea-s'e reference 'the: following website: h-tWJ/ .tdcounty;taxgo.v/deth ests/ve`ctorl d,is6a-se.hfml Please contact the 'County of San :Diego vector control program With specific' , c que$tibh.sOf concerns. 20 ATTACHMENT 1 Inspection & Maintenance Schedule Structural Maintain Frequent Monthly, Remove trash Applies only to BMP — Bio- vegetation and ponding whose weekly during debris from bio -filtration filtration trash/debris in drawdown time the rainy basin, replace basin Basin basin exceeds 96 season soil media hours Structural Monitor water Low or no flow Once every Remove Applies only to BMP- Storage discharging from storage year prior to trash/debris storage pipes Tanks from storage pipes October 1 from pipe . unlet Must be kept Preventative Maintenance and Routine Inspection 30 days prior to a...,.. .:::.�.,..:.... - - - _..B _._. ,fienance,:_._:�Srte::: ll�a►_ntenanGe, i111a�ntenan S' c�f�-. _+.._ :._ ..._.....<_..._....:.. .. _. _.. .-._..+. n .....i _� ..__ .-..._+.'....-•...+..::.y-.....: _....:. ato. .e -.. v :�:.• , Landscaping Proper Less than 80%' 30 days prior to Re -plant. All slopes and and Irrigation irrigation & coverage October 1 each Repair landscaped accumulation fertilizer year and once irrigation areas are to weekly during during the rainy system within 5 have a season days minimum water coverage of damage to the 80% Structural Maintain Frequent Monthly, Remove trash Applies only to BMP — Bio- vegetation and ponding whose weekly during debris from bio -filtration filtration trash/debris in drawdown time the rainy basin, replace basin Basin basin exceeds 96 season soil media hours Structural Monitor water Low or no flow Once every Remove Applies only to BMP- Storage discharging from storage year prior to trash/debris storage pipes Tanks from storage pipes October 1 from pipe . unlet Must be kept Silt, debris, 30 days prior to Silt, debris, Structures functioning at trash, October 1 each trash all times. Clear accumulation, year and accumulation clogged outlets ponding water weekly during and repair any and standing rainy season or structural water within 24 hours damage to the prior to rain outlet structure forecasts 21 All outlet structures shall be kept functional at all times ATTACHMENT 2 Annual Estimate to maintain all BMPs Landscaping and Bio -Filtration Basin Maintenance of landscape and bio -filtration basin is already included in the property management responsibilities Additional cost: $400 Irrigation System: Inspection and maintenance of the irrigation system is already included in the property management responsibilities. Additional Cost: $100 Storm Water Conveyance Stenciling and Signage As needed or every 2 years $100 Structural BMP - Modular Wetlands Device Maintenance of the Modular Wetlands Device is already included in the property management responsibilities. Additional Cost: $400 Structural BMP -- Storage Tanks Maintenance of the Storage Tanks is already included in the property management responsibilities. Additional Cost: $400 Storm Water Pump Maintenance of the Storm Water Pump is already included in the property management responsibilities. Additional Cost: Outlet Structures $500 Maintenance of the outlet structure is already included in the property management responsibilities. Additional Cost: $200 22 Training Once a year and training of new employees within their first 30 days of employment Total Additional Cost 23 $1,700 ATTACHMENT BIVIP TRAINING LOG Date Type of training Personnel Trained Trainer (mmlddlyy) 24 ATTACHMENT 4 INSPECTION AND MAINTENANCE LOG BMP Type & location Date (mm/ddlyy) Person Inspecting Description of BMP condition/description of action needed Date of Repair mad and description of repair 25 Maintenance Guidelines for Modular Wetland System - Linear Maintenance Summary o Remove Trash from Screening Device — average maintenance interval is 6 to 12 months. a (5 minute average service time). o Remove Sediment from Separation Chamber — average maintenance interval is 12 to 24 months. (10 minute a verage service AMe) . o Replace Cartridge Filter Media — average maintenance interval 12 to 24 months. ( 10-15 minute per cartridge average service time). o Replace Drain Down Filter Media -- average maintenance interval is 12 to 24 months. a (5 minute average service time) . o Trim Vegetation — average maintenance interval is 6 to 12 months. Is (Service time varies). System Diagram www.modularwetlands.com Maintenance Procedures Screening Device WETLANDS 1. Remove grate or manhole cover to gain access to the screening device in the Pre - Treatment Chamber. Vault type units do not have screening device. Maintenance can be performed without entry. 2. Remove all pollutants collected by the screening device. Removal can be done manually or with the use of a vacuum truck. The hose of the vacuum truck will not damage the screening device. 3. Screening device can easily be removed from the Pre -Treatment Chamber to gain access to separation chamber and media filters below. Replace grate or manhole cover when completed. Separation Chamber 1. Perform maintenance procedures of screening device listed above before maintaining the separation chamber. 2. With a pressure washer spray down pollutants accumulated on walls and cartridge filters. 3. Vacuum out Separation Chamber and remove all accumulated pollutants. Replace screening device, grate or manhole cover when completed. Cartridge Filters 1. Perform maintenance procedures on screening device and separation chamber before maintaining cartridge filters. 2. Enter separation chamber. 3. Unscrew the two bolts holding the lid on each cartridge filter and remove lid. 4. Remove each of 4 to 8 media cages holding the media in place. 5. Spray down the cartridge filter to remove any accumulated pollutants. 6. Vacuum out old media and accumulated pollutants. 7. Reinstall.media cages and fill with new media from manufacturer or outside supplier. Manufacturer will provide specification of media and sources to purchase. 8. Replace the lid and tighten down bolts. Replace screening device, grate or manhole cover when completed. Drain Down Filter 1. Remove hatch or manhole cover over discharge chamber and enter chamber. 2. Unlock and lift drain down filter housing and remove old media block. Replace with new media block. Lower drain down filter housing and lock into place. 3. Exit chamber and replace hatch or manhole cover. www.modularwetiands.com WETLANDS Maintenance Notes 1. Following maintenance and/or inspection, it is recommended the maintenance operator prepare a maintenance/inspection record. The record should include any maintenance activities performed, amount and description of debris collected, and condition of the system and its various filter mechanisms. 2. The owner should keep maintenance/inspection record(s) for a minimum of five years from the date of maintenance. These records should be made available to the governing municipality for inspection upon request at any time. 3. Transport all debris, trash, organics and sediments to approved facility for disposal in accordance with local and state requirements. 4. Entry into chambers may require confined space training based on state and local regulations. 5. No fertilizer shall be used in the Biofiltration Chamber. 6. Irrigation should be provided as recommended by manufacturer and/or landscape architect. Amount of irrigation required is dependent on plant species. Some plants may require irrigation. www.modularwetiands.com 0 WETLANDS Maintenance Procedure Illustration Screening Device The screening device is located directly under the manhole or grate over the Pre -Treatment Chamber. It's mounted directly underneath for easy access and cleaning. Device can be cleaned by hand or with a vacuum truck. Separation Chamber The separation chamber is located directly beneath the screening device. It can be quickly cleaned using a vacuum truck or by hand. A pressure washer is useful to assist in the Hanninn nrnmmce i ^ - ~�- i. ..__F...:.,...... ;.�...._ ...:.,.. _....:_-LL.._.._- - wwrnr:modularwetlands.com Cartridae Filters The cartridge filters are located in the Pre -Treatment chamber connected to the wall adjacent to the biofiltration chamber. The cartridges have removable tops to access the individual media filters. Once the cartridge is open media can be easily removed and replaced by hand or a vacuum truck. Drain Down Filter The drain down filter is located in the Discharge Chamber. The drain filter unlocks .from the wall mount and hinges up. Remove filter block and replace with new block. 0 WETLANDS � , ';t:� � _ '"��»; '=-�+::: _ _±t"7`,•1�i_`ti^� .,{ F" •"Z-�T+!�";b� F>�z_+n��?�a'+'ri^.`•r.2s�">iv.,st ri '�-'` -. y .:1''•i �Y •+-ei.' ;�,,, "d 4;:: �6;.<- '�`"e " 9- ,l '(' s,+k, Y � . � ��- "':� �s���>ti;�3tE�jJF�,,. ,.t,;rT %'f.so;�� �>S�'U..'f^'�`-'E .•A � �*•" t��,.: t� }� `y: ,{.tt� ,.�:t7'` >•w tib'„_:'••.."��%sf;t 'tT ,�:�, .: '��,f�w.ui,-:t•.i'.,',� ',:?c'i i.:i��-a• �:i� = C.�,^'(.r{•�i �:k"tt�.:T1.:�:t � 7t.��V.::y.➢ :�rp�f :`..�;..t p •�;w Y�-i'•.i , �a �•'s .a+-:�' `�fs'S•'- :7%:� .�.� .Y:t l3�,:�k{.�, ":tr,'i ;+f',.' f�y(�t+>: yST. EMI �..^,V <�''.kt�:l: _`rirtcwj^,i. .,.t�„+�'� `14�iS"'ry3'l; ;sGa-�,�.�`�;,"'�rr= w�"'y':,'t^, �X �."G%3, , `3:. s,.,i.' ��>�`uJ';`•'y;4'�` tuY'�.�h.'n:,e'`.• ':.. tt_'`": Fps st;t;,i ;. . ;. _ .e:C:�;- >ey�,S;y�:c't'�:;:»•#`z [ '•�'izf ai`+.,••- �"-wi':'t=.,;:� - : :�_'y=:.`4i- t - ,: �y��>,•-�m�,': : •at'. �-.: t +-4'�-•.. C�'�y� -"'• y�,it7if.,.'��-v •'=.. i.'"- a`�,}. - - ;.iw•.-*>, .,k.;.7r. -,Y5'.+t'Y''.�i;a:.' �f' •'.3.`+t z •' "::'nr<` . R6 Mt N.'l :F.� yn{r "ik •' - -:.$_+ �/�4+' i=';td's :2?.rv• .:tS I':s::,t••;. ;:,t;.x�,.• .ry<�:.-'r;$�.::,>a�1::-'"-::-`}sYr'�...a`:I;i4,`:e ,;�•..� :>k;� .-Tia. .. L.. - ..f�•-:,F��:`�E-'�M.':. - - �...°-•'"Ru�u�'--STv.:,'•'� <•C" _ -,.d:• - ,.iii:"=+'-=.�- ::%-..,:" - c1-� - - - ter'• :."L.'t'�::� iii'•„c.::,��"'....w:v.,L. ='r'•L;C; _- _>r:vi?;>;%y- - :>•+•:;;:.: ic;y,; ;3*`:J'.t;: _:c «•ayr;h "�t}5;: ',>_'•jcfS( :yS.:t. www.modularwetlainds.com Trim Veaetation Vegetation should be maintained in the same manner as surrounding vegetation and trimmed as needed. No fertilizer shall be used on the plants. irrigation per the recommendation of the manufacturer and or landscape architect. Different types of vegetation requires different amounts of irrigation. WETLANDS www.modularwetiands.com U- WETLANDS Inspection Form Modular Wetland System, Inc. P. 760.433-7644 F. 760-4333176 E. lnfo@modularwetiands.com www.modularwetlands.com Inspection Report Bi,o CLEAN" Modular Wetlands System fFRYrCEf, INC. ��QE D ' Project Name Project Address Owner / Management Company Contact Inspector Name Type of Inspection ❑ Routine ❑ Follow Up Weather Condition ❑ Complaint Phone ( } Date 1 ❑ Storm Additional Notes (dry) (zip code) I Time AM I PM Storm Event in Last 72 -hours? ❑ No ❑ Yes Inspection Checklist Modular Wetland System Type (Curb, Grate or UG Vault); Size (22', 14' or etc.): Structural Integrity: Yes No Comments Damage to pre-treatment access cover (manhole cover/grate) or cannot be opened using normal lifting pressure? Needs Immediate Maintenance Trash 1 Bags I Bottles Damage to discharge chamber access cover (manhole cover/grate) or cannot be opened using normal lifting pressure? Green Waste 1 Leaves / Foliage Does the MWS unit show signs of structural deterioration (cracks in the wall, damage to frame)? Is the inlettoutlet pipe or drain down pipe damaged or otherwise not functioning properly? 71 - Working Condition: Is there evidence of illicit discharge or excessive oil, grease, or other automobile fluids entering and clogging th unit? Is there standing water in inappropriate areas after a dry period? Is the filter insert (if applicable) at capacity and/or is there an accumulation of debrisltrash on the shelf system? Does the depth of sediment/trash/debris suggest a blockage of the inflow pipe, bypass or cartridge filter? If yes specify which one in the comments section, Note depth of accumulation in in pre-treatment chamber. Depth: Does the cartridge filter media need replacement in pre-treatment chamber and/or discharge chamber? Chamber. Any signs of improper functioning in the discharge chamber? Note issues in comments section. Other Inspection Items: Is there an accumulation of sediment/trash/debris in the wetland media (if applicable)? Is it evident that the plants are alive and healthy (if applicable)? Please note Plant Information below. Is there a septic or foul odor coming from inside the system? Waste: Yes No Sediment 1 Silt I Clay Needs Immediate Maintenance Trash 1 Bags I Bottles Green Waste 1 Leaves / Foliage Additional Notes; Recommended Maintenance No Cleaning Needed Schedule Maintenance as Planned Needs Immediate Maintenance 2972 San Luis Rey Road, Oceanside, CA 92058 P (760) 433-7640 F (760) 433-3176 Plant Information ae to Plants Plant Trimming 1 ET WLANDS Maintenance Report IN Modular Wetland System, Inc. P. 760.433-7640 F. 760-433-3176 E. lnfo@modularwetiands.com www.modularwetlands.com SlfCLEAN'Cleaning and !Maintenance Report 1— o-Modular Wetlands System ENVIRONMENTAL SEAVICES. lNC. \\ /CTL /� NDC Project Name Project Address Owner /Management Company Contact Inspector Name Type of Inspection ❑ Routine Weather Condition ❑ Follow Up ❑ Complaint Phone ( } Date / ❑ Storm Additional Notes Py) (7jp Code) / Time AM / PM Storm Event in Last 72 -hours? ❑ No ❑ Yes Site Map # GPS Coordinates of Insert Manufacturer / Description / Sizing Trash Accumulation Foliage Accumulation Sediment Accumulation Total Debris Accumulation Condition of Media 25/50/751100 (will be changed @ 75%) Operational Per Manufactures' Specifications (if not, why?) Lat: MWS Catch Basins Lonq: MWS Sedimentation Basin Media Filter Condition Plant Condition Drain Down Media Condition Discharge Chamber Condition Drain Down Pipe Condition Inlet and Outlet Pipe Condition Comments: 2972 San Luis Rey Road, Oceanside, CA 92058 P. 760.433.76401=. 760.433.3176