HomeMy WebLinkAbout07 WATER QUALITY 10-17-05
Agenda Item
~
AGENDA REPORT
Reviewed:
City Manager ~
Finance Director ~
MEETING DATE:
OCTOBER 17, 2005
TO:
FROM:
WilLIAM HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
AGREEMENT REGARDING OPERATIONS AND MAINTENANCE PLAN TO
FUND AND MAINTAIN WATER QUALITY BEST MANAGEMENT PRACTICES
AND AUTHORIZATION FOR THE COMMUNITY DEVELOPMENT DIRECTOR
TO SIGN SUCH FUTURE AGREEMENTS
SUMMARY
The Tustin City Code requires project applicants to prepare a Water Quality
Management Plan (WQMP) for all new development and significant redevelopment
projects. This requirement for a WQMP stems from the City's obligation under the
provisions of the Orange County National Pollutant Discharge and Elimination System
(NPDES) municipal storm water permit, and WQMPs are prepared in accordance the
Orange County Drainage Area Management Plan (DAMP). The City complies with
these requirements and carefully reviews the WQMPs for compliance. As part of the
WQMP prepared for an Irvine Company project at the Tustin Market Place (The Old
Navy), an Operation and Maintenance Plan (0 & M) Agreement to Fund and Maintain
Water Quality Best Management Practices (BMPs) is required to be recorded. The
Agreement has been reviewed and approved by the City Attorney.
Staff is also requesting that the City Council authorize the Community Development
Director to sign all such future Agreements to ensure that grading and/or building
permits can be issued in a timely manner.
Applicant!
Owner:
The Irvine Company
RECOMMENDATION:
That the City Council:
1. Authorize the Mayor to execute the Agreement Regarding 0 & M Plan to Fund
and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification; and,
2. Authorize the Community Development Director to sign all such future
documents on behalf of the City Council.
City Council Report
0 and M Agreement
Page 2 of 2
FISCAL IMPACT:
There are no associated fiscal impacts to the City associated with the execution of this
agreement or granting authorization for the Director to sign similar future agreements.
BACKGROUNDIDISCUSSION:
The Tustin City Code requires project applicants to prepare a WQMP for all new
development and significant redevelopment projects. This requirement for a WQMP
stems from the City's obligation under the provisions of the Orange County National
Pollutant Discharge and Elimination System NPDES municipal storm water permit and the
WQMP is prepared in accordance the Orange County DAMP. The City complies with
this requirement and carefully reviews the WQMPs for compliance. As part of a WQMP
for an approved project, there is a section that contains and Operations and
Maintenance Plan and post construction best management practices Best Management
Practices (BMPs) agreement that is required to ensure ongoing maintenance. As part
of the WQMP prepared for an Irvine Company project at the Tustin Market Place (The
Old Navy), an Operation and Maintenance Plan to fund and Maintain Water Quality Best
Management Practices is required and an agreement is to be recorded. The
Agreement has been reviewed and approved by the City Attorney.
Staff is also requesting that the City Council authorize the Community Development
Director to sign all such future Agreements to ensure that grading and/or building
permits can be issued in a timely manner.
&ì~~~~£
Elizabeth A. Binsack
Community Development Director
Attachment: Agreement Regarding 0 and M Plan to Fund and Maintain Water Quality
BMPs, Consent to Inspect, and Indemnification.
S :ICddICCREPORTìWQMPOLDNSA VY.doc
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Building Official
City ofTustin
300 Centennial Way
Tustin, CA 92780-3767
Space Above This Line For Recorder's Use Only
AGREEMENT REGARDING 0 & M PLAN TO FUND AND MAINTAIN WATER
QUALITY BMPS, CONSENT TO INSPECT, AND INDEMNIFICATION
This Agreement Regarding O&M Plan to Fund and Maintain Water Quality
BMPs, Consent to Inspect, and Indemnification ("Agreement") is made on this..{.åw'day
of ,SJ~hb~ ,200~, by and between ïJ;e.:z;.v",e 6,..,.øðnr ("Covenantor")
and The City of Tustin, a California municipal corporation ("Covenantee" or "City").
RECITALS
A.
Covenantor is the owner of the following real property ("Property"):
2899 EI Camino Real, Tustin, CA 92782; APN: 500-312-04 (Portion of);
Legal Desc: TRACT 13557 IN THE CITY OF TUSTIN, COUNTY OF
ORANGE, STATE OF CALIFORNIA, BEING A SUBDIVISION OF A
PORTION OF LOTS 23, 24, 25, AND 26 OF BLOCK 44 OF IRVINE'S
SUBDIVISION, AS PER MAP FILED IN BOOK 1, PAGE 66 OF
MISCELLANEOUS MAPS IN THE OFFICE THE RECORDER OF
ORANGE COUNTY, CALIFORNIA (PORTION OF).
B. The City is the owner of interests in that-eertain real property within the
City of Tustin, County of Orange, State of California, containing storm drains, pipelines,
and related appurtenances constituting the City's municipal separate storm sewer
system (the City's "Storm Drain System").
C. Covenantor intends to develop, improve, and/or use the Property in such a
way that approval of the City for such development, improvement, and/or use is
required pursuant to the applicable laws.
D. In consideration for said approval by the City, Covenantor desires to
restrict the Property according to the conditions, covenants, equitable servitudes, and
restrictions contained herein for the express benefit of the City's Storm Drain System.
NOW, THEREFORE, incorporating the foregoing Recitals and in consideration
thereof, in consideration of the covenants and conditions contained herein, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and expressly for the benefit of, and to bind, their successors in interest,
the parties hereto agree as follows:
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1.
AGREEMENT
Operation and Maintenance ("O&M") Plan for Best Manaaement Practices
("BMPs")
Covenantor, and all subsequent purchasers, grantees, donees, lessees,
successors, and/or assigns ("Successor Owners") or all or any portion of the Property,
shall fund and maintain an O&M Plan for the Property as part of an approved City Water
Quality Management Plan ('WQMP") that shall include:
a.
b.
Description of all post-construction BMPs (non-structural and structural),
Description of Covenantor's responsibilities and training for BMP
implementation, operation and maintenance,
Implementation frequency and operating schedule,
Inspection/maintenance frequency and schedule,
Specific maintenance activities,
Required permits from resource agencies, if any,
Forms to be used in documenting implementation and maintenance
activities,
Recordkeeping requirements.
c.
d.
e.
f.
g.
h.
A copy of the approved O&M Plan is attached hereto as Exhibit "A" and is
incorporated herein by this reference.
2.
Compliance with Tustin Cltv Code and Consent to Inspect
The Property shall be used and maintained in full compliance with the provisions
of the O&M Plan, the Tustin City Code section 4900 et seq., as it may be amended.
Covenantor expressly consents to inspection of the Property by an inspector authorized
by the City Manager, or his or her designee, for the purpose for verifying compliance
with the provisions of this Agreement.
3.
Indemnification
Covenantor agrees to indemnify, defend, and hold harmless the City, its elected
officers, employees, agents, and contractors from and against any and all liability,
expense, including costs and legal fees, and claims of damage of any nature
whatsoever including, but not limited to, death, bodily injury, personal injury, or property
damage arising from or connected with the City inspection of the Property except where
such liability, expense, or claim for damage results from the sole negligence or willful
misconduct of the City.
4.
Covenants Run With the Land
The rights and obligations of the parties hereunder shall constitute covenants,
benefits, burdens, conditions, equitable servitudes, and restrictions which run with the
land and which shall be binding upon, and inure to the benefit of, all Successor Owners
of all or any portion of the Property or the Storm Drain System. Covenantor hereby
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agrees to provide actual notice of this Agreement and its tennns to all such Successor
Owners.
5.
Termination of Obliqations Under Aqreement
In furtherance of Paragraph 4, above, the parties acknowledge that the rights and
obligations of the Covenantor hereunder shall cease, and Covenantor shall not be
personally bound by, or entitled to the benefit of, said rights and obligations, upon
transfer of all or a portion of the Property, in fee, to another Successor Owner, provided.
however, that said rights and obligations shall cease, and Covenantor will not be
personally bound thereby or entitled thereto, only with respect to those portions of the
Property so transferred.
6.
Enforcement
The City may, but shall not be obligated to, enforce this Agreement by a
proceeding at law or in equity against any person or persons violating or attempting to
violate any condition, covenant, equitable servitude, or restriction provided for herein,
either to restrain such violation or to recover damages.
7.
Entire Aqreement.
This Agreement constitutes the entire agreement and understanding between the
parties with respect of the subject matter of this Agreement and supersedes all prior or
contemporaneous agreements and understandings with respect to the subject matter
hereof, whether oral or written.
8.
Severabilitv.
If any part of this Agreement is declared by a final decision of a court of
competent jurisdiction to be invalid for any reason, such shall not affect the validity of
the rest of the Agreement. The other parts of this Agreement shall remain in effect as if
this Agreement had been executed without the invalid part. The parties declare that
they intend and desire that the remaining parts of this Agreement continue to be
effective without any part or parts that have been declared invalid.
9.
Counterparts.
This Agreement may be executed in counterparts, each of which so executed
shall, irrespective of the date of its execution and delivery, be deemed an original, and
all such counterparts together shall constitute one and the same instrument.
10.
Attorneys' Fees.
If any party files an action or brings any proceeding against the other arising from
this Agreement, the prevailing party shall be entitled to recover as an element of its
costs of suit, and not as damages, reasonable attorneys' fees and costs to be fixed by
the court. A party not entitled to recover its costs shall not recover attorneys' fees. No
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sum for attorneys' fees shall be included in calculating the amount of a judgment for
purposes of deciding whether a party is entitled to its costs or attorneys' fees.
11.
Amendment.
No modification, amendment, addition to, or alteration of the terms of this
Agreement, or the Attachments, whether written or verbal, shall be valid unless made in
writing and formally approved and executed by all parties.
12.
Authoritv of SiQnatories to Aareement.
Each person executing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement on behalf
of the parties for which execution is made. Each party represents and warrants to the
other that the execution of this Agreement and the performance of such party's
obligations hereunder have been duly authorized and that the agreement is a valid and
legal agreement binding on such party and enforceable in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date set forth above.
ATTEST:
,I/æ r ') t..J. .J'
, ./. .vt¿;~< / It.?!fT
Pamela Stoker, City Cler
"COVENANTOR"
The Irvine Company, a Delaware corporation
Name of Covenantor
@4'
. ..';\
'..J "':¡î
Development
Signature
Pete Blumer
Title Vlce l'res1dent - KetaH noperties
[Signatures to be Notarized]
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ACKNOWLEDGEMENT
State of California
County of (}ran ¡e-
On ~. 2:( :;)t)óS [date], before me, ,4¿¡dl"bj m. AI"?, /lk>fðl"'( [name and title of
officer taking acknowJedgemen~. personally appeared ":;;1"1"'/&.<;"" ",,¡Od<!'¿%~name(s)
of person(s) signing instrumen~, '[personally known to me or
proved to me on the basis of satisfactory evidence] to be the person(s) whose name(s)
01" e. [is or are] subscribed to the within instrument and acknowledged to me that
¡he;,- [he or she or their] signature(s) on the instrument the person(s) or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature~ ~. ?~
r-----------I
AUDREY M. POPE
ø Commission I' 13423BO
~. Notary Public - California ~
i OnIngo county f
- - - -My:o.:"'~~~F~::.2~
[Sea~
ACKNOWLEDGEMENT
State of California
County of
On [date], before me, [name and title of
officer taking acknowledgemen~. personally appeared [name(s)
of person(s) signing instrumen~, [personally known to me or
proved to me on the basis of satisfactory evidence] to be the person(s) whose name(s)
[is or are] subscribed to the within instrument and acknowledged to me that
- [he or she or their] signature(s) on the instrument the person(s) orthe entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
[Sea~
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DECLARATION OF RESTRICTIONS
EXHIBIT A, OPERATIONS AND MAINTENANCE PLAN
WATER QUALITY MANAGEMENT PLAN
FOR
MARKETPLACE OLD NAVY EXPANSION
2899 EL CAMINO REAL
TUSTIN, CA 92782
LEGAL DESCRIPTION
TRACT 13557 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF
CALIFORNIA, BEING A SUBDIVISION OF A PORTION OF LOTS 23, 24, 25, AND 26
OF BLOCK 44 OF IRVINE'S SUBDIVISION, AS PER MAP FILED IN BOOK 1, PAGE
66 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF ORANGE
COUNTY, CALIFORNIA
(NOTE: PROJECT SITE IS A PORTION OF ABOVE LEGAL DESCRIPTION)
APN NUMBER
500-312-04 (PORTION OF)
OPERATIONS AND MAINTENANCE PLAN
BMP BMP Name Implementation, Person or Entity
Applicable? And BMP Implementation, Maintenance, and Inspection Maintenance, and I with Operation &
Yes/No Procedures Inspection Frequency Maintenance
and Schedule Responsibilitv
. .Alt.,... ift~~ '~\.>."." '," .- .~
Yes N1. Education for Property Owners, Tenants, and Occupants Tenant representative(s) to The Irvine Company
Educate tenant representative(s) who will. in turn, educate all onsile be educated within 4 weeks Retail Properties
employees. Education shall be given using the project WOMP and the of startup. Existing onslle responsible for
educational materials contained within as reference. Provide a copy of employees to be educated educating the
the project WOMP to the authorized representative. within 4 weeks of startup. authorized tenant
New onsite employees to be representative(s)
educated within 2 weeks of who will, in turn,
hire. Each onslle employee educate each onsite
shall receive an annuai employee.
revIew.
Yes N2. Activity Restrictions Ongoing basis. If an onsite The Irvine Company
Ensure that all onsile employees are adhering 10 activity restrictions as employee is observed to be Retail Properties
outlined In the project WOMP and the City of Tustin zoning ordinance and engaged in an activity that
standards. may have an adverse impact
on stormwater. the authorized
tenant representative shall be
requested to provide re-
educate the employee and
take corrective action as
necessarv
No N3. Common Area Landscape Management NIA N/A
No N4. BMP Maintenance (See individual BMPs (See individual
(See Individual BMPs contained within) ccntained within) BMPs contained
within)
No NS. Title 22 CCR Compliance NIA N/A
No N7. Spill Contingency Plan NIA NIA
No N8. Underground Storage Tank Compliance NIA NIA
No N9. Hazardous Materials Oisclosure Compliance N/A N/A
No N10. Uniform Fire Code Implementation N/A N/A
Yes N11. Common Area LItter Control Weekly The Irvine Company
Perform parking lot maintenance that will include removal of litter from Retail Properties
around the trash storage area and the drive aisle northeast of the building through
and other proposed outdoor areas. All litter shall be placed in appropriate maintenance firm.
waste receptacles.
Yes N12. Employee Training Tenant representative(s) to The Irvine Company
Educate tenant representative(s) who will, In turn, educate all onsite be educated within 4 weeks Retail Properties
employees. Education shall be given using the project WQMP and the of startup. Existing onsite responsible for
educational materials contained within as reference. Provide a copy of employees to be educated educating the
the project WQMP to the authorized representative. within 4 weeks of startup. authorized tenant
New onsite employees to be representative(s)
educated within 2 weeks of who will, in turn,
hire. Each onsite employee educate each onsite
shall receive an annual employee.
review.
No N13. Housekeeping of Loading Docks N/A NlA
Yes N14. Common Area Catch Basin Inspection Minimum oflhreetimes per The Irvine Company
Inspect the catch basins. Remove any obstructions. Clean filters when year (once shall be prior to Retail Properties
50% full. the "first.flush" storm. Catch
basins shall be cleaned of
obstructions upon
observance. Filters shall be
cleaned when 50% full.
Yes N15. Street Sweeping Private Streets Twice per month The Irvine Company
Perform sweeping or drive aisle to the northeast of the building to remove Retail Properties.
debris.
No N17. Retail .e Outlets N/A
..
Yes Provide Storm Drain Stenciling and 5ignage Inspect a minimum0f3times The Irvine Company'
Inspect the storm drain stencils/labels for legibility. Re-stencil/re-Iabel per year. Re-stencil/re-Iabel Retail Properties
when no lonoer lealble. when no loncer leaible.
No Design and Construct Outdoor Material Storage Areas to Reduce NlA N/A
Pollutant Introduction
Yes Design and Construct Trash and Waste Storage Areas to Reduce Trash storage area shall be The Irvine Company
Pollutant Introduction. inspected and maintained on Retail Properties.
The trash storage area will be paved with an impervious surface, a daily basis. Repair/replace
designed to preclude run-on, and covered with a roof or overhang. damaged structural elements
Inspect the trash storage area for any loose trash on the ground and to when necessary.
ensure that the lids are closed. Check if the dumpsters are overflowing.
Pick up loose trash and place in the dumpster. Close dumpster lids if
necessary. Check for damage to the structural elements of the
dumnsters/enclosures (screens, lids, roofs/overhan~s, etc.)
No Use Efficient Irri~ation Systems and Landscaoe Desion N/A N/A
No Protect Siooes and Channels and Provide Enerov Dissioation N/A N/A
No Loadlna Docks N/A N/A
No Maintenance Bavs N/A N/A
No Vehicle Wash Areas N/A N/A
No Outdoor Process In a Areas N/A N/A
No EaulDment Wash Areas N/A N/A
No Fuelino Areas N/A N/A
No Hillside LandscaDino N/A N/A
No Wash Water Controls for Food PreDaratlon Areas N/A N/A
No Community Car Wash Racks N/A N/A
Yes Drain Inserts (Triton Cub Inlet Filter Insert) Maintenance and inspection The Irvine Company
The Owner will have a service contract for inspection and maintenance of frequency will be in Retail Properties.
the units. Inspection and maintenance activities/procedures will be in accordance with the
accordance with the manufacturer's specifications. Maintenance of the manufacturer's
inserts will include cleaning the grates and removing debris and litter that recommendations, but not
may be trapped within the grate, inspection of the perimeter gasket less than three times per
system and repair of the gasket system if necessary, removal of debris year. Inspection and
trapped in the trough area and Storm Web protection, visual inspection of maintenance shall occur once
the condition of the trough area, and inspection of the filter's media prior to the rainy season
condition and replacement of the media when necessary. The catch (generally accepted as April
basins will also be inspected for illegal dumping. If illegal dumping is 1" through October 30"),
detected the property owner and the proper authorities will be notified as once during the rainy season,
soon as practicable. and once following the rainy
season.
REQUIRED PERMITS
No permits are required for the implementation, operation, and maintenance of the BMPs.
FORM TO RECORD BMP IMPLEMENTATION, MAINTENANCE, AND
INSPECTION
The form that will be used to record implementation, maintenance, and inspection of BMPs is
attached.
RECORD KEEPING
All records must be maintained for at least five (5) years and must be made available for review
upon request.
A TT ACHMENT
FORM TO RECORD BMP IMPLEMENT AnON,
MAINTENANCE, AND INSPECTION
RECORD OF BMP IMPLEMENTATION, MAINTENANCE, AND INSPECTION
Today's Date:
Name of Person Performing Activity (printed):
Signature:
BMP Name Brief Description of Implementation,
Maintenance, and Inspection Activity
Performed
Corrective actions needed: - None - As denoted below.
1.)
2.)
3.)