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Storm Water Management Facilities Maintenance Agreement 2010-0470199),f( RECORDING REQUESTED BY: CITY OF POWAY 1 AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P O BOX 789 POWAY, CA 92074 APN 321- 030 -31 D 0 C # 201 0 -04701 99 IIII 1 III III 1 IIIII IIIII II IIIII IIII IIII II I III IIIII I III SEP 07, 2010 3:04 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 5200 PAGES: 13 (THIS SPACE FOR RECORDER'S USE) STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT (TTM 06 -04) This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is entered into between Donald L. Mechling and Kathleen A. Mechlinq Revocable Living Trust dated July 31, 1992 (hereinafter referred to 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 "), and has proposed that the PROPERTY be developed as a subdivision in accordance with applications for Tentative Map No. TTM 06 -04 and Improvement Plan No. TTM 06 -04, 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 Standard Urban Storm Water Mitigation Plan, Poway Municipal Code, Chapter 16, Division VI (the "SUSMP 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 ": Water Qualitv Inlet located at the cul -de -sac terminus Underground detention system located at the cul -de -sac terminus High -rate media filter insert located at the cul -de -sac terminus Ephemeral drainage channels located within an easement on lot 7 Infiltration trench located on Lot 1 of the subdivision The precise location(s) and extent of the BMPs are indicated on the Improvement Plans on file with CITY's Development Services Department as TTM 06 -04. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness areas set ►G -087 forth in the Operation and Maintenance Plan (hereinafter "O &M PLAN ") which is attached hereto and incorporated herein as Exhibit "B ". 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. 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 SUSMP 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's 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's 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, and also prior to transferring ownership of any such BMP, provide clear written notice of the above maintenance obligations associated with that BMP to the transferee. OWNER further agrees to provide evidence to CITY Engineer that OWNER has requested the California Department of Real Estate to include in'the public report issued for the development of the PROPERTY, a notification regarding the BMP maintenance requirements described herein, 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 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 CITY related to the implementation of this Agreement shall be addressed to: City Engineer City of Poway 13325 Civic Center Drive Poway, CA 92064 The City Engineer is also granted authority to enter into appropriate amendments to this Agreement on behalf of CITY, provided that the amendment is consistent with the purposes of this Agreement as set forth above. 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. Common Interest Developments. If the PROPERTY is developed as a ''Common Interest Development "• as defined in Civil Code section 1351(c) which will include . membership in or ownership of an "ASSOCIATION" as defined in Civil Code Section 1351(a), then the following provisions of this Paragraph 8 shall apply during such time as, the PROPERTY is encumbered by a "DECLARATION" as defined in Civil Code Section 1351(h), and the Common Area, as "Common Area" is defined in Civil Code Section 1351(b), of the PROPERTY is managed and controlled by the ASSOCIATION: (a) The ASSOCIATION, through its Board of Directors, shall assume full responsibility to perform the MAINTENANCE ACTIVITIES pursuant to this Agreement, and shall undertake all actions and efforts necessary to accomplish the MAINTENANCE ACTIVITIES, including but not limited to, levying regular or special assessments against each member of the ASSOCIATION sufficient to provide funding for the MAINTENANCE ACTIVITIES, conducting a vote. of the membership related to.such assessments if required by law. In the event insufficient votes have been obtained to authorize an assessment, the ASSOCIATION shall seek authority from a court of competent jurisdiction for a reduced percentage of affirmative votes necessary to authorize the assessment, re- conducting the vote of the membership in order to obtain the votes necessary to authorize an assessment, and the ASSOCIATION shall take all action authorized by the DECLARATION or California law to collect delinquent assessments, including but not limited to, the recording and foreclosure of assessment liens. (b) No provision of the DECLARATION, nor any' other governing document of the ASSOCIATION or grant of authority to its members, shall grant or recognize a right of any member or other person to alter, improve, maintain or repair any of the PROPERTY in any manner which would impair the functioning of the BMPs to manage drainage or stormwater runoff. In the event of any conflict between the terms of this Agreement and the DECLARATION or other ASSOCIATION governing documents, the provisions of this Agreement shall prevail. 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 City Council or the CITY Engineer 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' Severabili ty State of California. Venue in any Court of the State of California, provisions of this Agreement are competent jurisdiction, the validity, be affected thereby. . This Agreement shall be governed by the laws of the action related to this Agreement shall be in the Superior County of San Diego. , In the event that any of the held to be unenforceable or invalid by any court of and enforceability of the remaining provisions shall not IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER: Donald L.-Mechling and Kathleen A.•Mechling Revocable Living Trust Dated July 31, 1992 By:. ��1 ��ih�o Date: Donald L. Mechling, Trust e By: /C �(�- .f�t� / ' /Ac C Date: Kathleen A. Mechling, Trustee CITY OF POWAY: o rt J. Manis ' Director of Development Services APPROVED AS TO FORM: Office of the City Attorney Lisa A. Foster, City Attorney Attachments: ,EXHIBIT A EXHIBIT B Date: '9 - fb - l(---) APPROVED AS TO CONTENT: Engineering Division en Crosby, P.E. Acting City Engineer M: \engsery \Clapp \Agreements \Mechling \Storm Water Facilities Agmt (subdivision).doa CALIFORNIA ! ACKNOWLEDGMENT ..» says,: 3r,.. av,.: is_» scaasit�is[ Ar2tiY: is,. as�.: s��s_ is:» sS.: �s _asiisLW,�ris;AS��.vi »<_».:�»,: wins_ amass. u;.. t�* �ir~ aasiNS3 ,:+.>_c>,,.a>_= 3s:ira>_ac:' si State of California County of San Diego �� - / ZO /D On T%��Gi.$/ G � before me, Phyllis Shinn, Notary Public Date Here Insert Name and Tole of the Ofieer personally appeared �������� /1-;Y/1//_5' Name(s) of S,gnegs) who proved to me on the basis of satisfactory evidence to be the perscmW whose name(s is4*subscribed to the within instrument and acknowledged to me that he /80 /t* executed the same in his /l*r /t*r authorized capacity(f05), and that by his /her /t%r sighature(k on the instrument the person(A or the entity upon behalf of PHYLLIS SHINN which the person(Kacted, executed the instrument. Comirri n # 1778898 'd Notary Pubtic • Catlfornla I certify under PENALTY OF PERJURY under the laws San Diego County of the State of California that the foregoing paragraph is Comm. F, IresNov9,2p11 + true and correct. © 2007 Normal Notary AasnaaAan• 9350 De Soto Aere_ PO Om 2402• Chatsworth, CA 01313- 2n02,ernw Nadonafdiotary org Item N500' Reorder Call Toll -Free t -B00- 8]6682) WITNESS my ha and official sea. / Place iJOlary Sezl Above Signature dr. Signature of Notzry Publ¢ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached j? nt Title or Type of Document. / �,/ /J �lr�' { {U>� 1��4N/ Y �/(� /z/ye /`4 /N Document Date: /J' 7— �� Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signers) Signer's Name, Signer's Name: G Individual D. Individual F1 Corporate Officer — Title(s): rl Corporate Officer — Title(s): Partner — ❑ Limited D General _ _ _ ❑ Partner — ­1 Limited CI General ❑ Attorney In Fact • C Attorney in Fact D Trustee Top of thumb here j � Trustee Top of thumb here G Guardian or Conservator ❑ Guardian or Conservator C Other: ❑ Other: Signer Is Representing: Signer Is Representing. © 2007 Normal Notary AasnaaAan• 9350 De Soto Aere_ PO Om 2402• Chatsworth, CA 01313- 2n02,ernw Nadonafdiotary org Item N500' Reorder Call Toll -Free t -B00- 8]6682) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .o,SL�24:ii;nL,�f_aaSG � :tiff ii,.i�i�'�Y..iY= v�'aS�� .OS;�SSTS,.o..v�fS.ri>v:.>S RS�aY,. )SS�f,: �Y,.�3: =? ,:!.iini ✓)f tiY..Z L.44.0S�iYsTC.'02r,�TLaLSiL.�S; au.�S.s�iSc+. State of California County of San Diego On 26�40 before me, Phyllis Shinn, Notary Public Date 11 Here Insert Name and Title of the officer personally appeared 1JOr/��1G� Z. dIlrO{1L /mil 40 Q PHYLLIS SHINN Commission # 1778898 Notary Public - Callfornlo San Diego County Comm. Nov9 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that rk /s* /they executed the same in fife /* /their authorized capacity(ies), and that by P�14/1l*r /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 my ITaA and official seal Signature Flare Notary Seal above Signature of Noiap, Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Docum�en(/ Title or Type of Docu��mjjenliP /� Document Date: >7ul tf` 5T L/ Z o /,�2 Number of Pages / Signer(s) Other Than Named Above 0z5b —'4 r 1�/L /.5 Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name: ❑ Individual C Individual ❑ Corporate Officer — Title(s): CI Corporate Officer — Title(s): ❑ Partner — ❑ Limited O General _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • _ ❑ Attorney in Fact [I Trustee Top of thumb here U Trustee Top of thumb here G Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association, 9250 De Soto Ave, PC Box 2402• Chatsworth, CA 913132a02,wuw Nabonaflormyorq Item x5907 Reorder Callitoll -Free 1800 -876 -6627 EXHIBIT "A" PARCEL I. ALL'I'I IOSE POR 'ZION'S OF LOT4 IN SECT ION 5 AND OF LOTS I AND 2 IN SI?CTION' 6. ALL IN TOWNSHIP 14 SOUTH. RANGE I WEST', SAN BERNARDINO MERIDIAN. IN THE CITY OF POWAY. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO UNITED STAINS GOVERNMEN I' SURVEY, APPROVED FEBRUARY 24, 1876, DESCR113ED AS I'OLLO\VS: BEGINNING AT A POINT IN THE WESI LINE OF SAID LOT 4 DISTANT' THEREON SOUTH 0 048'00" WEST, 607.78 FE1 T FROM THE NORM \VEST CORNER OF SAID LOT 4, SAID POINT 13EING ALSO A POINT IN THE CENTER LINE OF THAT 40 FOOT EASEMENT FOR ROAD PURPOSES DESCRIBED IN PARCEL 1 A13OV1 : THENCE CONTINUING SOUTH 0 048'00" WEST ALONG SAID WEST LINE, 135.90 FF T TO'THE SOUTHEASTERLY CORNER OF THE CERTAIN TRACT OP LAND CONVEYED TO THOMAS A. BURRESS ET UX BY DEED RECORDED NOVEMBER 7, 1952, IN BOOK 4647, PAGE 272 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID BURRESS' LAND SOUTH 84 053'20" WEST, 746.31 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 82 053'30" WEST 274.42 FELT TO THE SOUTHWESTERLY CORNER OP SAID BURRESS' LAND BEING ALSO AN ANGLE POINT IN THE EASTERLY BOUNDARY OF THAT CERTAIN TRACT OF LAND CONVEYED TO ANDREW B. GALLANT ET UX BY DEED RECORDED OCTOBER 19, 1955, IN BOOK 5835, PAGE 391 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY BOUNDARY THE FOLLOWING COURSES AND DISTANCES; NORTH 85 013'30" WEST 265.82 FEET; NORTH 81 °19' WEST, 12.62 FEET; SOUTH 3 °19'30" EAST, 264.85 FEET TO A POINT HEREIN DESCRIBED AS POINT "A ": THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY SOUTH 3 °19'30" EAST 54 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG THE EASTERLY BOUNDARY OF SAID GALLANT'S' LAND SOUTH 35 043'40" WEST 331.16 FEE' I TO THE SOUTHEASTERLY CORNER OF SAID GALLANT'S' LAND, 13EING ALSO A POINT IN THE SOUTH LINE OF SAID LOT 2, THENCE ALONG THE SOUTH LINE OF LOTS 2 AND 1, SOUI.1-1 89 °08'40" FAST, 1458.00 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID LOT l; THENCE ALONG THE SOU "TI -I LINE OF SAID LOT 4 SOUTH 89 051'53" LAST, 114.20 FELT; THENCE LEAVING SAID SOUTH LINE NORTH 56 °04'40" EAST, 173.24 FEET; THENCE NORTH 9 °50'20" WEST 197.11 FEET TO A POINT I IEREIN DESCRIBED AS POINT "C "; THENCE CONTINUING NORTH 9 °50'20" WEST 75 FEET; THENCE NORTH 18 040'20" EAST, 156.76 FEET TO A POINT IN THE ARC OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS 017 170 FEET, BEING IN THE SOUTHERLY BOUNDARY OF THAT 40.00 FOOT EASEMENT FOR ROAD PURPOSES DESCRIBED IN PARCEL 1 ABOVE; THENCE RADIAL TO SAID CURVE NORTH 14 °04'50" EAST, 20.00 FEET TO T-HE CENTER LINE OF SAID 40.00 FOOT ROAD EASEMENT; THENCE NORTHWESTERLY ALONG SAID CENTER LINE AND ALONG A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 150 FEET THROUGH A CENTRAL ANGLE OF 46 005' A DISTANCE OF 120.65 FEET; THENCE NORTH 29 °50'10" WEST, 150.63 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 200 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26 003'20" A DISTANCE OF 90.95 'FEET; THENCE NORTH 53 °53'30" \VEST, 24.16 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" Discharge should be accomplished through a low Ilow Outlet.'I'he low (low outlet should be designed to empty the device within 8 to 48 hours.'('I'lic 8 -hour limit is chosen to provide adequate peak runoff lag time; the 48 -hour limit is chosen to minimize the potential for mosquito Breeding.) Public health and vector control authorities should be consulted to verify the acceptability of'dctenuon basins and the maximum drawdown time allowed to amid mosquito problems. The Inlet stricture of the basin should be designed to divert the peak h)'drauhc flow (calculated according to County procedures for flood routing and scour) when the basin is full An alternative is to include a flood control outlet in the top of the low flow outlet. In this case, an additional outlet (riser or spillway) should be supplied to prevent backflow at the upstream areas. 4.2.3.3 Water Quality inlet Water Quality hilets consist of one or more chambers that promote sedimentation of coarse materials and separation of free oil from stonnwater.'I'he Water Quality Unit consists of a sedimentation chamber, an oil separation chamber and a discharge chamber. 4.2.3.3.1 Appropriate Applications and Siting Constraints Water Quality Units are.usually used to remove sediment from stonnwater runoff. Water Quality inlets are most effective for small drainage areas. Water Quality inlets are available as precast units or cast in place. 5.0 OPERATION AND MAiNTENANCE PROGRAM The operation and maintenance requirements for each type of BM are as follows: 5.1 Vegetated Swale The operation and maintenance needs of the Vegetated Bio -Swale arc: • Periodic mowing cut a longer length • Regular inspection for healthy growth and adequate drainage • Reseeding ot'baie areas • Removal of trash and debris • Elimination of gopher and other rodents burrows which may cause loosening of the soil and erosion of sediments Debris and Sediment Disposal Waste generated lion the project is the iesponsrbihty of the owner /applicant. Disposal of sediments, debns. and trash will comply with appliealile local, county, state and ICdCI'al � %rite control programs Hazardous Wastes Suspected hazardous wastes will be analyzed to dctcinnne disposal options. hazardous materials generated on site will be handled and disposed of according to local, state, and federal regulations. A solid or liquid waste is considered a hazardous waste rf it exceeds the criteria listed in the CaliComia Code of Federal Regulations, Title 22, Article i i (State of California, 1955) 5.2 Runoff Detention System The operational and maintenance needs of a Runoff Detention System are: • Dispersion ofallttvtal sediment deposition at inlet structures thus linmlIng the extended locahzed pending of water • Periodic sediment removal In accordance With the 10% of the storage volume. • Monitoring of the basin to ensure it Is completely and properly drained. • Outlet cleaning, Vegetation management to prevent marsh vegetation from taking hold, and to linmit habitat for disease - carrying fauna. • Removal of graffiti, leaves, litter, and debris. • Preventative maintenance on monitoring equipment. Inspection and Maintenance Frequency the facility will be inspected and maintained, and inspection visits will be completely documented: • Once a month at a nmininulrn. • After every large storm (after every storm monitored or those storms with note than 0.50 inch of precipitation). • On a weekly basis during extended periods of wet weather. • The owner /applicant shall prepare and subm t to the City of Poway's Engineering Department for approval of a maintenance indicator document. This document shall list the schedule of maintenance activities to be Implemented for the project. Debris and Sediment Disposal Waste generated from the project is the responsibility of the owner /applicant. Disposal of sediments, debris, and trash will comply wtth'applicable local, county, state vmci federal waste control programs. Iazardous Wastes Suspected hazardous wastes will be analyzed to determine disposal options. Hazardous materials generated on site will be handled and disposed of according to local, state, and federal regulations. A solid or liquid waste Is considered a hazardous waste if it exceeds the criteria listed it) the California Code of Federal Regulations, 'title 22, Article 1 I (State of California, 1985) 5.3 Water Quality Inlet The operational and maintenance needs of a Water Quality Inlet are: Removal of sediment using a vactor tuck st least twice during the wet season Routine Inspections and treatments by local nmosqutto and vector control aeenoics to suppress nxmsgmto production. Debris and Sediment Disposal Waste generated lion the project is 'he Iesponsibihty of the owner /apphcant Disposal of sediments. lebns, and trash well, comply with applicable local. county, state and federal waste control progranms. Hazardous Wastes Suspected hazardous wastes will be analyzed to detemtine disposal options. Hazardous materials generated on site will be handled and disposed of according to local, state, and federal regulations A solid or liquid waste is considered a hazardous waste if it exceeds the criteria listed in the California Code of Federal RegulaUOns.']'tile 22, Article I I (State of Calilornia, 1955) 6.0 FISCAL RESOURCES The owner shall provide to the City ol' Poway's Engineering Department an annual estimate for maintaining all BMI's 6.1 Operation and Maintenance Costs Estimate annual maintenance costs for each Vegetated Swale is $2,972.42. Summary of the Vegetated Swale maintenance cost are included in Table 6.1 Table 6.1 Vegetated Swale Annual Maintenance Cost Labor Equipment Materials TOTAL $2,265.76 $203.66 $500.00 $2,972.42 Estimate annual maintenance costs for the Runoff Detention System is $2.400. Summary of the Runoff Detention System maintenance cost are included in Table 6.2 Table 6.2 Runoff Detention Basin Annual Maintenance Cost Labor Equipment Materials TOTAL $2,000 $200 5200 $2,400 Estimate annual maintenance costs for the Water Quality Inlet is $6.500. Summary of the Water Quality inlet maintenance cost are included in Table 6.3 Table 6.3 Water Quality Inlet Annual Maintenance Cost Labor I Equipment Daterials TOTAL SL500 1 $1,000 $4,000 $6,500 6.2 Responsible Party for Operation and Maintenance The owner will be responsible for all operation and maintenance of BN1Ps. This will include scheduled and post major storm inspections, repair and replacement of defective components, and removal and disposal of debris, sediments and hazardous wastes as outlined under Section 5.0 in this report. 7.0 SUNIMARY /CONCLUSIONS This Water Technical Report has been picparcd in accordance with the Cty ol'Poway's JU1-1Sd1CtKinal Urban Runoff i Management Program This Water Technical Report has evaluated and addressed the potential pollutants associated with this project and their effects on water quality. A sunurim-y of the faCtS and findings associated with this project and the measures addressed by this Water Technical Report is as follows: • The beneficial uses for the rccen-inc waters have been identified. None of these beneficial uses will be Bioretention 'file bioictention facility functions as a soil and plant -based filtration device that removes pollutants through a variety of physical, brological and chemical treatment processes. These facilities consist of a planter area mvith an enriched, highly permeable soil with a variety of plant, such as low - growing ground covers, annual, perennials, shrubs and trees. "I'hese highly permeable soils v, ill absorb Iarge quantities of 1 runoff, which can then be slowly infiltrated into deeper soil layers, later evaporated from the sotI or absorbed by plants. Stornmwater pollutants arc retained within the soil nmam ix, many of which can be absorbed and biologically neutralized by facility's plants and soil bacteria. Additionally, bioretention facilities provide a stormwater detainment function, as runoff is stored in the top of the planter and the underground soil matrix. ADDENDUM TO SEC'T'ION 5.0 OPERATION AND MAINTENANCE PROGRAM 4 The operation and maintenance needs for Clearwater Solutions fligh -Rate Media Filter is as follows: • During inspections the manhole and top panel of the filter shall be removed, afterwards replaced. • Every 60 days during the rainfall season and at the end of the rainfall season, the unit shall be inspected for damaged and the collected trash, debris, sediment and other material shall be femoved. The tloatable should be removed and the settling areas cleaned when the primary settling chamber is d0% to 50% full. If floatbables accumulate more rapidly than the settleable solids, the iloatables could be removed using a vactor truck. The trash basins can also be removed J and captured materials can be disposed of properly. J Yearly, ideally at the end of the rainy season, replace nmcdia bags and filter mat. The operation and maintenance needs for the Bioretention Areas are as follows: • Use of fertilizers and pesticides should be limited. These muttcrials should not be applied during times of likely rainfall, to avoid discharging them into stonnwaler runoff. 1 Regular inspection for healthy growth, signs of erosion and adequate drainage (monthly and after each storm event) • Periodic inspection for the need of icmoval and replanting of dead or unhealthy plants to fill all bare areas (monthly) • Periodic removal of trash and debris (monthly and after each storm event) • Periodic elimination of gopher and other rodents burrows which may cause loosening of the soil 1 and erosion of sediments (monthly) • Periodic hand weeding and pruning (monthly) ! Infrequently add more mulch as it breaks clown to maintain at least 2-3- of depth (every six months) Please refer to the original water quality technical report for the operation and maintenance of those treatment control 13NIPs prevuxisly proposed in the original water quality technical report. Material Disposal Waste generated from the project is the icsponsibility of the od�net /applicant Disposal ol'sediments, debris, trash and materials from the operation and maintenance the abode BMI's and those described wilhum the approved water quality technical report N� ill comply NN ith applicable local, county, state and federal waste control programs. 7 i s� 3" is I i i .J .J i it J i I I i J J J Hazardous Wastes Suspected hazardous wastes will be analyzed to determine disposal optiohs. Hazardous materials generated on site will be handled and disposed of according to local, state, and federal regulations. A solid or liquid waste is considered a hazardous waste if it exceeds the criteria listed in the California Code of Federal Regulations, Title 22; Article i i (State of California, 1985) ADDENDUM TO SECTION 6.0 FISCAL RESOURCES 6.1 Operation and Nlaintcnance Costs Summary of the Treatment Control 13MI's annual maintenance costs are included in Table 6.1a and b for the treatment control BNIPs proposed in this addendum. Please refer to the original .dater quality technical report for the annual maintenance cost of those treatment control BNIPs previously proposed in the original water quality technical report. "fable 6.1a Biorelcntion Annual Maintenance Cost fable 6. lb Clearwater Annual Maintenance Cost Labor Equipment \laterials "TOTAL Labor. $2,000.00 I $200.00 $SU0.00 $2,700 00 $500 6.2 Responsible Party for Operation and Maintenance "TOTAL The owner will be responsible for all operation and maintenance of BNlPs included in this Addendum and in the approved Water Quality Technical Report. This will include scheduled and post major storm inspections, repair and replacement of defective components, and removal and - disposal of debris, sediments and hazardous wastes as outlined under Section 5.0 in this report. 7.0 SUDIMARY /CONCLUSIONS This Water Technical Report Addendum has been prepared in accordance with the City of Poway s ,fill isdictional Urban Runoff Management Program. This Addendum in conjunction %vith the approved Water Technical Report has evaluated and addressed the potential pollutants associated with this project and their effects on water quality. A summary of the facts and findings associated with this project and the measures addressed by this Addendum are as follows: The treatment train for the private road in ea will consist of the newly proposed high rate media filter, as well as the previously proposed water quality inlet and underground detention pipes. The treatment control BMPs for each indiN ideal residential lot will upgraded to bioretenuon facilities. ENGINEER'S STATEMENT This Water Quality Technical Report Addendum has been prepared under the direction of the following Registered Civil Engineer. The Registered Civil Engineer attests to the Technical information contained herein and engineering data upon which recommendations, conclusions, and decisions are based. William C. Ycn, ICE 33730