Storm Water Trash Management Facilities Maintenance Agreement 2020-0474115RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P 0 BOX 789
POWAY, CA 92074
DOC# 2020-0474115
11111111111111111111111111111111IIIII111111111111111111111111111111111
Aug 21, 2020 10:09 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PCOR: N/A
PAGES: 35
(THIS SPACE FOR RECORDER'S USE)
APN: 314-220-39
STORM WATER TRASH MANAGEMENT
FACILITIES MAINTENANCE AGREEMENT
Hop Stop
(MDRA18-039)
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 Trash Facilities is entered
into between the Property Owner(s) HCV OLD POWAY VILLAGE, LLC, a California limited liability
company, (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 restaurant with outdoor seating and play areas, in accordance with the application
for Minor Development Review 18-039, which is on file with the CITY. This Agreement is required as a
condition of approval for such development.
WHEREAS, in accordance with the California Regional Water Quality Control Board San Diego Region
Order Number R9-2017-0077, (hereinafter referred to collectively as "Trash Amendment"), 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 trash generation from
the PROPERTY be managed by the use of the following Storm Water Trash Management Facilities
which are identified as "Best Management Practices" or "BMPs":
Two trash inlet filters located throughout the site as shown on Exhibit "B".
The precise location(s) and extent of the BMPs are indicated on the approved Minor Development
Review Application on file with CITY's Development Services Department as MDRA18-039. 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 attached hereto and incorporated herein as
Exhibit "C".
Because additional area may require the addition of or alteration of storm water trash management
facilities and strategies, no additional drains may be added to the project site without prior approval
from the City Engineer.
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:
1. Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference
and constitute a part of this AGREEMENT
2. Maintenance of Storm Water Trash 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 TRASH AMENDMENT and 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.
3. 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.
4. 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 maintenance
SWTFMA (MDRA18-039) Page 2
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.
5. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement over, under
and across those portions of the PROPERTY described in Exhibit "D" and shown in Exhibit "E"
and "F", hereto, 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 after notice is provided to the OWNER, to enter upon any part of said easement 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.
6. 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
7. 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 (specifically including but not limited to OWNER's alleged
noncompliance with the Trash Amendment or the Stormwater Ordinance), 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.
8. Allocation of Costs. Following the sale or transfer of any individual residential lots by OWNER,
the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be divided equally
SWTFMA (MDRA18-039) Page 3
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, and each shall
be responsible for his or her equal share of the cost associated with the maintenance.
9. 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.
10. 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.
11. 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.
12. 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.
SWTFMA (MDRA18-039) Page 4
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter.
OWNER: HCV OLD POWAY VILLAGE, LLC, a California limited liability company
By: Heritage Core Value Fund, LP, a Delaware limited partnership
Its: Member
By: HCV PARTNERS, LLC, a California limited liability company
Its: General Partner
By: THG Equities, LLC, a California limited liability company
Its: Sole Member
By:
CITY OF ' •WAY:
Mark Hoekstra, Trustee of Member
(signatures must be notarized)
J. Manis
Director of Development Services
Date: 6/74
(signature must be notarized)
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Office of the City Attorney Engineering Division
Alan Fenstermacher, City Attorney Thomas R. Frank, P.E.
City Engineer
Attachments
1. Certificate of Acceptance
2. Exhibit A — Legal Description
3. Exhibit B — BMP Site Plan
4. Exhibit C — O&M Manual
5. Exhibit D — Legal Description of Access Easement
6. Exhibit E — Plat of Access Easement
7. Exhibit F — Detailed Plat of Access Easement
M:\engsery\Land Development Project Conditions \mdra\2018\MDRA 18-039 Hop Stop\SWTFMA\SWTMFMA.docx
SWTFMA (MDRA18-039) Page 5
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 ,_5;911 0170
On S / 30, 201 before me, ?. MO , Al te---(i C. C
(insert name nd title of the officer)
personally appeared
/97twek-
who proved to me on the basis of satisfactory evidence to be the personX whose name(1 is/a.ee
subscribed to the within instrument and acknowledged to me that he/s.f /t4ry executed the same in
his/bef/thr authorized capacity(ieg), and that by his/ler/their signature(sr)' on the instrument the
person$, or the entity upon behalf of which the person(2) 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.
Signature
4\A\
(Seal)
R. MOFTY
r,........................1 Notary Public - California
San Diego County i
Commission # 2260536[
My Comm. Expires Oct 1, 2022 r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
w w wt/W w..y+tem wvaa - .w w� � w wC w w4/7W. w .. w 'wt/R
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 OCtOher , J J before me,
Date
Yvonne Mannion Notary Public
Here Insert Name and Title of the Officer
personally appeared Robert J. Manis
Name(s) of Signer(s)
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.
YVONNE MANNION
Notary Public —California
San Diego County a`
Commission k 2201766 E
My Comm. Expires Jun 18, 2021
Place Notary Seal Above
WITNESS my hand and official seal.
Signature
Signature of Notaty Public
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: Storm Water Trash Management Facilities Maintenance Agreement MDRA18-039
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
❑ Other:
Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
CERTIFICATE OF ACCEPTANCE
(Storm Water Trash 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 11G l l ()1 , from
HCV OLD POWAY VILLAGE, LLC, a California limited liability company, 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. 34 adopted on January 20,
1981.
Dated: 1/%/<
Seal:
CITY OF POWAY
By:
Department of Development vices
R• •ert J. Manis
SWTFMA (MDRA18-039) Page 6
"EXHIBIT A"
ASSESSOR'S PARCEL NO. 314-220-39
LOTS 1, AND 2 IN BLOCK 17 OF PIERMONT, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 331, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 27, 1887.
His
HOWES I WEILER I LANDY
PLANNING & ENGINEERING
Tel. 760.929.2288 Fax. 760.929.2287
2888 LOKER AVENUE EAST SUITE 217
CARLSBAD, CA 92010
THE HOP STOP
14055 MIDLAND ROAD
POWAY, CA 92064
APN: 314-220-39 PAGE 1 OF 1
"EXHIBIT B"
SCALE: 1"=30'
MIDLAND ROAD
TRASH FILTER IN
12"X18" GRATE INLET
EXISTING
BUILDING
TRASH FILTER IN
12"X18" GRATE INLET
�'�1111�v
HOWES I WEILER I LANDY
PLANNING & ENGINEERING
Tel. 760.929.2288 Fax. 760.929.2287
2888 LOKER AVENUE EAST SUITE 217
CARLSBAD, CA 92010
TEMPLE STREET
N89°22'35"W 170.00'
LOT 1
APN 314-220-39
PROPOSED
BUILDING
LOT 2
APN 314-220-39
N89°22'35'W 170.00'
APN 314-220-40
N I.
EXISTING o 1
PARKING O
AREA H
THE HOP STOP
14055 MIDLAND ROAD
POWAY, CA 92064
APN: 314-220-39
BRIGHTON AVENUE
PAGE 1 OF 1
"EXHIBIT C"
OPERATION & MAINTENANCE PLAN
1
Table of Contents
1. Project Description 3
2. Operation & Maintenance Plan 3
3. Operation & Maintenance of BMP's 3
a. Training 4
b. Structural BMP -Trash Filter Insert 5
Attachments
1. Inspection & Maintenance Schedule
2. Cost Estimate
3. BMP Training Log
4. Inspection & Maintenance Log
5. BioClean Grate Inlet MLS Type Operation & Maintenance Supplemental Information
2
1. Project Description
This project is located at 14055 Midland Road in Poway, California. The project consists
of Interior tenant improvement for new indoor dining and bar. New exterior work to include
new outdoor dining, gaming area, outdoor bar, fences with gates, and new trellis system. New
construction to include new restrooms, kitchen and new location of service/trash enclosure.
This Operation and Maintenance Plan discusses the required operation and maintenance of
trash filter insert BMPs that are installed inside two (2) existing grate inlets within the vicinity
of the Hope Stop project.
2. Operations & 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. Proper maintenance of the BMPs described herein are required for their intended and
effective function. This O&M Plan 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. The following schedule of O&M's must be
followed to satisfy the Pollutants of Concern and shall include periodic inspections of all BMPs.
All Maintenance records for training, inspection and maintenance shall be retained and
provided to the city or county upon request.
3
Responsible Party for O&M and for Training
Mark Hoekstra
HVC Old Poway Village, LLC CIO Intersection
110 W. A Street, Suite 1125
San Diego, CA 92101
(858) 254-0690
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.
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.
4
b. Structural BMP — Trash Filter Inserts
The BioClean Grate Inlet Filter MLS Type are filter Inserts that are installed within a grate
inlet to capture trash and debris that is collected by storm water runoff prior to entering the
storm drain system. Over time and especially after the first significant rain event of the rainy
season, these filter inserts will collect moderate to significant amounts of trash and debris and
will need to be emptied.
Maintenance Indicators and Actions for Trash Filter Insert BMP's
Typical Maintenance Indicators
For Trash Filter Insert BMPs
Maintenance Actions
Missing or damaged intemal
Components
Replace missing/damaged components
and/or replace filter insert entirely
Obstructions in the filter basket and its
Bypass
Remove obstructions manually or by
vacuum truck
Excessive accumulation of trash,
Foliage and sediment in the filter basket
Remove accumulation of trash, foliage and
sediment manually or by vacuum truck
Inspection Frequency
The trash filter insert BMPs shall be inspected and inspection visits will be completely
documented:
• Inspection of the screening device for accumulation of trash, foliage and sediment
shall occur monthly and 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 require to perform the
maintenance; therefore, security funding is required. Maintenance securities are required for
an interim 5 -year period. However, maintenance responsibility remains in perpetuity.
5
Category 2 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.
6. BMP Maintenance Agreement with Easement and Covenant: WPO Section 67.812(f)
requires that an agreement will be entered 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 Owith
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.
6
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.
7
ATTACHMENT 1
Inspection & Maintenance Schedule
Preventative Maintenance and Routine Inspection
BMP
Type
Routine
Action
Maintenance
Indicator
Maintenance
Frequency
Maintenance
Activity
Site Specific
Requirements
Trash
Remove
Filter Basket
Monthly and
Remove
N/A
Filter
accumulation
is 50% full or
once every
accumulation
Insert
of trash,
foliage and
sediment
greater
year prior the
rainy season
(October 1st)
of trach,
foliage and
sediment
manually or
by vacuum
truck
8
ATTACHMENT 2
Annual Estimate to maintain all BMPs
Structural BMP - Trash Filter Insert
Maintenance of the BioClean Grate Inlet Filter MLS Type Trash Filter Cost:
Cost:
Training
Once a year and training of new employees within their first 30 days of employment
$800
Total Additional Cost $800
9
ATTACHMENT 3
BMP TRAINING LOG
Date
(mm/dd/yy)
Type of training Personnel Trained
Trainer
10
ATTACHMENT 4
INSPECTION AND MAINTENANCE LOG
BMP Type
& location
Date
(mm/dd/yy)
Person
Inspecting
Description of BMP
condition/description
of action needed
Date of Repair made
and description of
repair
11
ATTACHMENT 5
BioClean Grate Inlet Filter MLS Type Supplemental Information
-41
Bio Clean Environmental Services, Inc.
398 Via El Centro
Oceanside, CA92OS8
�Q ' /�-I
*'/ x.
www.8ivOranEnvinnnnenta|zom
p: 760.433.7640
f: 760.433.3176
A Forterra Company
OPERATION & MAINTENANCE
The Bio Clean Grate Inlet Filter is a stormwater device designed to remove high levels of trash,
debris, sediments and hydrocarbons. The filter is available in several configurations including trash
full capture, multi-level screening, Kraken membrane filter and media filter variations. This manual
covers maintenance procedures of the trash full capture and multi-level screening configurations. A
supplemental manual is available for the Kraken and media filter variations. This filter is made of
100% stainless steel and is available and various sizes and depths allowing it to fit in any grated
catch basin inlet. The filters heavy duty construction allows for cleaning with any vacuum truck. The
filet can also easily be cleaned by hand.
As with all stormwater BMPs, inspection and maintenance on the Grate Inlet Filter is necessary.
Stormwater regulations require BMPs be inspected and maintained to ensure they are operating as
designed to allow for effective pollutant removal and provide protection to receiving water bodies.
It is recommended that inspections be performed multiple times during the first year to assess site-
specific loading conditions. This is recommended because pollutant loading can vary greatly from
site to site. Variables such as nearby soil erosion or construction sites, winter sanding of roads,
amount of daily traffic and land use can increase pollutant loading on the system. The first year of
inspections can be used to set inspection and maintenance intervals for subsequent years. Without
appropriate maintenance a BMP can exceed its storage capacity which can negatively affect its
continued performance in removing and retaining captured pollutants.
OGEIte
High Flaw t.
Bypatca
Filter Ba$ket
Outlet
Hydrocarbon
Boom)
— Mounting
Flange
1
A Forterra Company
Inspection Equipment
ea�r`tI
Following is a list of equipment to allow for simple and effective inspection of the Grate Inlet Filter:
• Bio Clean Environmental Inspection Form (contained within this manual).
• Manhole hook or appropriate tools to remove access hatches and covers.
• Appropriate traffic control signage and procedures.
• Protective clothing and eye protection.
• Note: entering a confined space requires appropriate safety and certification. It is generally
not required for routine inspections or maintenance of the system.
Inspection Steps
The core to any successful stormwater BMP maintenance program is routine inspections. The
inspection steps required on the Grate Inlet Filter are quick and easy. As mentioned above the first
year should be seen as the maintenance interval establishment phase. During the first year more
frequent inspections should occur in order to gather loading data and maintenance requirements
for that specific site. This information can be used to establish a base for long-term inspection and
maintenance interval requirements.
The Grate Inlet Filter can be inspected though visual observation. All necessary pre -inspection steps
must be carried out before inspection occurs, such as safety measures to protect the inspector and
nearby pedestrians from any dangers associated with an open grated inlet. Once the grate has been
safely removed the inspection process can proceed:
• Prepare the inspection form by writing in the necessary information including project name,
location, date & time, unit number and other info (see inspection form).
• Observe the filter with the grate removed.
• Look for any out of the ordinary obstructions on the grate or in the filter and its bypass.
Write down any observations on the inspection form.
• Through observation and/or digital photographs estimate the amount of trash, foliage and
sediment accumulated inside the filter basket. Record this information on the inspection
form.
• Observe the condition and color of the hydrocarbon boom. Record this information on the
inspection form.
• Finalize inspection report for analysis by the maintenance manager to determine if
maintenance is required.
2
Er-31[1r)
A Forterra Company
Maintenance Indicators
Based upon observations made during inspection, maintenance of the system may be required
based on the following indicators:
• Missing or damaged internal components.
• Obstructions in the filter basket and its bypass.
• Excessive accumulation of trash, foliage and sediment in the filter basket. Maintenance is
required when the basket is greater than half -full.
• The following chart shows the 50% and 100% storage capacity of each filter height:
Model
Filter Basket
Diameter (in)
Filter Basket
Height (in)
50% Storage
Capacity (cu ft)
100% Storage
Capacity (cu ft)
BC -GRATE -12-12-12
10.00
12.00
0.27
0.55
BC -GRATE -18-18-18
16.00
18.00
1.05
2.09
BC -GRATE -24-24-24
21.00
24.00
2.41
4.81
BC -GRATE -30-30-24
27.00
24.00
3.98
7.95
BC -GRATE -36-36-24
33.00
24.00
5.94
11.88
BC -GRATE -48-48-18
44.00
18,00
7.92
15.84
Maintenance Equipment
It is recommended that a vacuum truck be utilized to minimize the time required to maintain the
Curb Inlet Filter, though it can easily cleaned by hand:
• Bio Clean Environmental Maintenance Form (contained in O&M Manual).
• Manhole hook or appropriate tools to remove the grate.
• Appropriate safety signage and procedures.
• Protective clothing and eye protection.
• Note: entering a confined space requires appropriate safety and certification. It is generally
not required for routine maintenance of the system. Small or large vacuum truck (with
pressure washer attachment preferred).
Maintenance Procedures
It is recommended that maintenance occurs at least two days after the most recent rain event to
allow debris and sediments to dry out. Maintaining the system while flows are still entering it will
increase the time and complexity required for maintenance. Cleaning of the Grate Inlet Filter can be
performed utilizing a vacuum truck. Once all safety measures have been set up cleaning of the
Grate Inlet Filter can proceed as followed:
31
A Forterra Company
• Remove grate (traffic control and safety measures to be completed prior).
• Using an extension on a vacuum truck position the hose over the opened catch basin. Insert
the vacuum hose down into the filter basket and suck out trash, foliage and sediment. A
pressure wash is recommended and will assist in spraying of any debris stuck on the side or
bottom of the filter basket. Power wash off the filter basket sides and bottom.
• Next remove the hydrocarbon boom that is attached to the inside of the filter basket. The
hydrocarbon boom is fastened to rails on two opposite sides of the basket (vertical rails).
Assess the color and condition of the boom using the following information in the next
bullet point. If replacement is required install and fasten on a new hydrocarbon boom.
Booms can be ordered directly from the manufacturer.
• Follow is a replacement indication color chart for the hydrocarbon booms:
Excellent
Condition
Good
Condition
Minimal
Capacity
Replacement
Required
• The last step is to replace the grate and remove all traffic control.
• All removed debris and pollutants shall be disposed of following local and state
requirements.
• Disposal requirements for recovered pollutants may vary depending on local guidelines. In
most areas the sediment, once dewatered, can be disposed of in a sanitary landfill. It is not
anticipated that the sediment would be classified as hazardous waste.
• In the case of damaged components, replacement parts can be ordered from the
manufacturer. Hydrocarbon booms can also be ordered directly from the manufacturer as
previously noted.
4
Maintenance Sequence
A Forterra Company
Remove grate and set up
vacuum truck to clean the
filter basket.
Insert the vacuum hose down
into the filter basket and suck out
debris. Use a pressure washer to
assist in vacuum removal.
Pressure wash off screens.
51
A Forterra Company
Remove the hydrocarbon boom
that is attached to the inside of the
filter basket. The hydrocarbon
boom is fastened to rails on two
opposite sides of the basket
(vertical rails). Assess the color and
condition of the boom using the
following information in the next
bullet point. If replacement is
required install and fasten on a
new hydrocarbon boom.
Close up and replace the
grate and remove all traffic
control. All removed debris
and pollutants shall be
disposed of following local
and state requirements.
Rio Clean
A Forterra Company
Inspection and Maintenance Report
Catch Basin Only
Project Name
Project Address
Owner / Management Company
Contact
Inspector Name
(city) (Zip Colo)
Type of Inspection 0 Routine
Weather Condition
Phone (
Date / / Time
For Office Use Only
(Reviewed By)
(Date)
Office personnel to complete section to the
left.
❑ollow Up Domplaint [}torm Storm Event in Last 72 -hours?
Additional Notes
I
Ds
AM / PM
Site
1. Map #
GPS Coordinates of
Insert
Catch Basin Size
Evidence of
Illicit
Discharge?
Trash
Accumulation
Foliage
Accumulation
Sediment
Accumulation
Signs of Structural
Damage?
Functioning Properly or
Maintenance Needed?
1
Lal
Long:
2
Lal:
Long:
3
Lat:
Long:
4
Lat:
Long:
5
Lat:
Long:
6
Lat:
Long:
7
Lat:
Long:
8
Lat —
Long:
Lat
Long:
11
Lat:
Long:
12
Lat
Long:
Comments:
398 Via El Centro, Oceanside, CA 92058 P. 760.433.7640 F. 760.433.3176
"EXHIBIT D"
LEGAL DESCRIPTION FOR MAINTENANCE AND ACCESS EASEMENT
1
EXHIBIT"D"
LEGAL DERSCRIPTION OF FIVE FOOT WIDE CITY OF POWAY MAINTENANCE
AND ACCESS EASEMENT
ALL REAL PROPERTY SITUATE IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE LANDS OF HCV OLD POWAY VILLAGE, LLC, AS DESCRIBED
IN THE DOCUMENT RECORDED MAY 24, 2017, AS DOCUMENT NUMBER 2017-0234377,
SAN DIEGO COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
EASEMENT "A"
COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF LOT "2", BLOCK 17
PIERMONT, AS SHOWN ON MAP 331, FILEDMAY 27, 1887, SAN DIEGO COUNTY
RECORDS, AND BEING A PORTION OF PARCEL "2", AS DESCRIBED IN THE DOCUMENT
RECORDED MAY 24, 2017, AS DOCUMENT NUMBER 2017-0234377, SAN DIEGO
COUNTY RECORDS, SAID POINT ALSO BEING ALONG THE EASTERLY LINE OF
MIDLAND ROAD; THENCE LEAVING SAID EASTERLY LINE OF MIDLAND ROAD ALONG
THE SOUTHERLY UNE OF SAID LOT "2", S 89°22'35" E 3.90 FEET TO A POINT ON THE
EASTERLY LINE OF A RIGHT OF WAY EASEMENT TO THE CITY OF POWAY RECORDED
MAY 3, 2007 AS DOCUMENT NUMBER 2007-0302987, SAN DIEGO COUNTY RECORDS;
THENCE LEAVING SAID SOUTHERLY LINE LOT "2" NORTHERLY ALONG SAID
EASTERLY LINE OF SAID RIGHT OF WAY EASEMENT, N 2°43'22" E 14.19 FEET AND
N 1°52'18" E 16.44 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
FIVE FOOT WIDE MAINTENANCE AND ACCESS EASEMENT; THENCE LEAVING SAID
EASTERLY LINE OF THE RIGHT OF WAY EASEMENT, S 89°52'04" E 3.92 FEET; THENCE
S 32°04'32" E 9.50 FEET; THENCE S 0°37'25" W 11.67 FEET; THENCE S 89°55'02" E
30.00 FEET; THENCE S 0°04'58" W 5.00 FEET; THENCE N 89°59'24" W 35.05 FEET;
THENCE N 0°37'25" E 15.30 FEET; THENCE N 32°04'32" W 7.62 FEET; THENCE
N 1°52'18" E 3.01 FEET TO THE POINT OF BEGINNING.
CONTAINING 279 Square Feet, +1 -
EASEMENT "B"
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF LOT"1", BLOCK 17 OF
PIERMONT, AS SHOWN ON MAP 331, FILED MAY 27, 1887, SAN DIEGO RECORDS,
SAID POINT ALSO BEING AT THE SOUTHEASTERLY INTERSECTION OF THE MIDLAND
ROAD AND TEMPLE STREET; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF
SAID TEMPLE STREET AND ALONG THE NORTHERLY LINE OF SAID LOT "1",
S 89°22'35" E 22.09 FEET TO A POINT OF CUSP OF A CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 20.00 FEET ; THENCE LEAVING SAID SOUTHERLY
LINE OF TEMPLE STREET AND SAID NORTHERLY LINE OF LOT "1"; 12.04 FEET
SOUTHESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34° 30' 00" TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED FIVE FOOT WIDE
MAINTENANCE AND ACCESS EASEMENT; THENCE S 41°56'59" E 4.00 FEET; THENCE
S 46°47'09" W 5.00 FEET; THENCE N 41°56'59" W 3.23 FEET TO A POINT ON A NON -
TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 10.00 FEET
AND TO WHICH POINT A RADIAL LINE BEARS N 67°40'38" W; THENCE 4.24 FEET
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°18'51" TO
THE BEGINNING OF A COMPOUND CURVE HAVING A RADIUS OF 20.00 FEET; THENCE
NORTHWESTERLY 0.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
2°36'42" TO THE POINT OF BEGINNING.
Containing 19 Square Feet, +/-
Dean Joh son, PLS 4878
Expires:9 30-20
LAND
G.D. JUIlNSUN II
*\ NO. 4878 vi
'\, --
SCALE: 1"=30'
Q
Q
CZ
"EXHIBIT E"
MAINTENANCE & ACCESS EASEMENT
N0°04'58"E 100.2
TEMPLE STREET
N89°22'35"W 170.00'
SEE EASEMENT 'B'
ON EXHIBIT "F"
EXISTING
BUILDING
LOT 1
LOT 2
PROPOSED
BUILDING
R-
ryy EXISTING
p0' PARKING
ry AREA
N89'22'35"W 170.00'
LOT 3
SEE EASEMENT 'A'
ON EXHIBIT "F"
BY: DEAN JOHNSON,
EXPIRES 09/30/2020
HOWES MIL ILE'R 1 LAN DY
Pl_ANNll i� U ENGINEERING
Tel. 760.929.2288 Fax. 760.929.2287
2888 LOKER AVENUE EAST SUITE 217
CARLSBAD, CA 92010
PLS 4878
LEGEND:
BRIGHTON AVENUE
J
/ 5' WIDE CITY OF POWAY MAINTENANCE & ACCESS EASEMENT
C) PUBLIC ROAD EASEMENTS PER REC. NO. 15067 DATED:
JANUARY 26, 1966.
20 RIGHT OF WAY EASEMENT PER DOC. 2007-0302987
DATED: MAY 3, 2007.
PAGE 1 OF 1
"EXHIBIT F"
P.O.C. EASEMENT 'B'
S89°22'35"E
R_22_09'
P.O.B.
C2
0 1 C1
J
� I
/1=34° 30' 00"
R=20.00'
L=12.04'
EASEMENT 'B'
038„11/
(R)
LOT 1
EASEMENT 'B'
SCALE: 1"=10'
{
-J
M
J
LINE DATA TABLE
Line #
Length
Direction
L1
3.92'
S89°
52'
04"E
L2
9.50'
S32°
04'
32"E
L3
11.67'
S00'
37'
25"W
L4
30.00'
S89°
55'
02"E
L5
5.00'
S00°
04'
58"W
L6
35.05'
N89°
59'
24"W
L7
15.30'
N00'
37'
25"E
L8
7.62'
N32°
04'
32"W
L9
3.01'
N01°
52'
18"E
L10
4.00'
S41'
56'
59"E
L11
5.00'
S46°
47'
09"W
L12
3.23'
N41'
56'
59"W
CURVE DATA TABLE
Curve #
Length
Radius
Delta
01
4.24
10.00'
24° 18' 51"
C2
0.91'
20.00'
02° 36' 42"
LOT 2
L4
L6
I�NO2°
3.90' 14.19' S89°22'35"E
I I P.O.C. EASEMENT 'A' LOT 3
BY: DEAN JOHNSON, PLS 4878
EXPIRES 09/30/2020
I ROVVLa UVLILER 1 LAN DY
f'! yNNn Vit; % 1 Pdt;INIIILNING
Tel. 760.929.2288 Fax. 760.929.2287
2888 LOKER AVENUE EAST SUITE 217
CARLSBAD, CA 92010
EASEMENT 'A'
SCALE: 1"=10'
LEGEND:
5' WIDE CITY OF POWAY MAINTENANCE & ACCESS EASEMENT
O PUBLIC ROAD EASEMENTS PER REC. NO. 15067 DATED:
JANUARY 26, 1966.
20 RIGHT OF WAY EASEMENT PER DOC. 2007-0302987
DATED: MAY 3, 2007.
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT PAGE 1 OF 1