Resolution No. 6620167
RESOLUTION NO. 6620
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE CITY ENGINEER'S REPORT DATED MAY 15, 2017
IN CONNECTION WITH THE RENEWAL OF CYPRESS CORPORATE
CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1
WHEREAS, the plans for the development of the Cypress Business Park included the
construction of a landscaped berm immediately to the north of the Stanton Storm Channel; and
WHEREAS, the City Council has heretofore indicated that the costs of maintaining said
landscaped berm should not be borne by all of the taxpayers of the City of Cypress, but rather
by the owners of certain property located within the Cypress Business Park; and
WHEREAS, the Landscaping and Lighting Act of 1972 (Streets and Highways Code,
Section 22500 et seq.) provides a procedure pursuant to which a portion of a city may be
assessed for the cost of maintaining landscape; and
WHEREAS, said Act requires subsequent action by the City Council annually to levy
assessments after the formation of said District; and
WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report
in writing pursuant to said Act, which report has been presented to the Council for consideration;
and
WHEREAS, the City Council has duly considered said report, and each and every part
thereof, and finds that each and every part is sufficient, and that neither said report, nor any part
thereof, should be modified in any respect.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The City of Cypress hereby proposes to continue the Cypress
Corporate Center Landscape Maintenance District No. 1, pursuant to the provisions of the
Landscaping and Lighting Act of 1972, for the purpose of maintaining the landscaped berm
constructed in connection with the development of the Cypress Business Park. Said
landscaped berm currently terminates 40 feet east of Valley View Street.
SECTION 2. Said District consists of that certain portion of the City of Cypress
bounded on the north by Katella Avenue, on the east by Knott Street, on the south by the
Stanton Storm Channel, and on the west by Valley View Street.
SECTION 3. The City Engineer hereby is authorized and directed to prepare and
to file a report in accordance with the provisions of Streets and Highways Code Sections 22565
et seq., which report shall contain:
a. Plans and specifications for the maintenance of said landscaped berm;
b. An estimate of the costs of such maintenance;
c. A diagram of the assessment district;
d. An assessment of the estimated costs of such maintenance.
Upon completion of said report, the City Engineer shall file the same with the City Clerk for
submission to the City Council.
SECTION 4. The City Council of the City of Cypress hereby adopts, approves
and confirms the report of the City Engineer of said City, prepared in connection with Cypress
Corporate Center Landscape Maintenance District No. 1, entitled "City Engineer's Report -
Maintenance Assessment District for Berm," dated May 15, 2017, and shall stand as such for
the purposes of all subsequent proceedings pursuant to the renewal of said Maintenance
District for Fiscal Year 2017 -18.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 12th day of June 2017.
i2
AYOR OF THE CITY OF CYPRESS
168
ATTEST:
16e4tWt )
CITY CLERK CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Resolution was duly adopted at a regular meeting of the said City Council held on
the 12th day of June, 2017, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat, and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
169
CITY ENGINEER'S REPORT
MAINTENANCE ASSESSMENT DISTRICT FOR BERM
for
CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE
DISTRICT NO. 1
FISCAL YEAR 2017 -18
Kamran Dadbeh, P.E.
City Engineer
City of Cypress
May 15, 2017
170
CITY ENGINEER'S REPORT
MAINTENANCE ASSESSMENT DISTRICT FOR BERM
This document consists of the documents appended hereto as follows:
Attachment A Landscape Maintenance Specifications
Attachment B Landscape Plan and Section
Attachment C Master Irrigation Plan
Attachment D Maintenance Cost Estimate
Attachment E Diagram of Proposed Assessment District
Attachment F Assessment Distribution Cost Estimate
ATTACHMENT A
LANDSCAPE MAINTENANCE SPECIFICATIONS
A. SPECIAL PROVISIONS
1. Scope of Work
Contractor shall furnish all labor, equipment, materials and supervision to
perform landscape maintenance as described herein including, but not
limited to, the following:
a. Weeding and cultivating
b. Fertilizing
c. Trimming, pruning, training
d. Watering
e. Insect, varmint and pest control
f. Plant replacement
g. Clean -up
h. Tree tying and restaking
I. Reports
j. Irrigation repair
k. Other duties related to maintenance of landscape and irrigation
system
2. Working Hours
a. Maintenance work shall occur between the hours of 8:00 a.m. to 4:00
p.m., Monday through Friday.
b. Special maintenance, If required, shall be by written authorization
from the Director of Community Development or his designated
representative.
A -1
171
3. Workmanship
172
The Contractor shall ensure that:
a. Work shall be performed by competent persons, supervised by a
competent supervisor, with experience and technical training in
landscape maintenance work.
b. Pesticide operations, where required, shall be by a state licensed
pest control operator.
4. Quality of Work and Material
All material and equipment furnished by the Contractor shall be new, high
grade, and free from defects and imperfections, unless otherwise hereinafter
specified. Workmanship shall be in accord with the best standard practices.
Both materials and workmanship shall be subject to inspection by the City.
All materials used shall be approved in advance by the Director of
Community Development or his designated representative.
5. Damages
The Contractor will report, without delay, any damage to equipment or
property and shall be held responsible for the replacement of any such
damage caused by his act hereunder. Repairs to the landscape and
irrigation system resulting from damage by other than the Contractor's
operations shall be reported promptly to the City. The Contractor shall make
repairs immediately and shall be liable for secondary damage caused to
landscaped areas. This includes dead plant material caused by lack of
water. Replacement of all plant materials, shrubs, ground cover, mulch
and/or other plants, shall be the responsibility of the Contractor. The
Contractor shall not be liable for damages caused by vandalism. Any repair
for vandalism will be included in the section under Extra Work, except as
follows: It is estimated that seventy five (75) sprinkler heads per year will
have to be repaired or replaced due to vandalism. The cost of repairing or
replacing of up to 75 heads, including comparable parts, labor and
equipment, will be included in the normal scope of the work. Damaged
sprinkler heads, in part or whole, shall be retumed to the City representative.
A -2
6. Cleaning
173
The Contractor shall maintain the premises clean of debris and litter at all
times. Upon completion of any work project, the Contractor shall remove
remaining excess materials, waste, rubbish, debris and his construction and
installation equipment from the premises.
7. Statement of Contractor's Work Responsibilities
a. Ground Cover Areas
1. All weeds shall be removed as they appear. A broad
spectrum pre- emergent weed control, such as Surflan or Balan shall
be applied per manufacturer's specifications to shrub beds and
ground cover beds in the spring and fall, and additional weed control
shall be initiated as necessary to maintain a weed -free condition.
2. Moming Glory shall be treated immediately when observed by
spot treating with Round -Up. Grass infestations shall be treated with
DowPon. Equivalent, approved products are acceptable.
3. Fertilize twice yearly with a rate of application to be 2.5 pounds
actual Nitrogen per 1,000 square feet with an appropriate fertilizer 5-
10 -5, or an approved equal, in March and September.
4. Trim and edge as necessary to restrict growth from
encroaching into adjacent areas. Trim around sprinkler heads to
maintain an unobstructed and uniform application of water. Growth
retardants, if properly applied, may be used. Permission to be
obtained from Director of Community Development or his designated
representative before applying.
5. Irrigate as required to maintain vigorous growth and healthy
appearance.
6. Control pests, including rodents, snails and diseases
continuously, to provide a healthy environment for plants.
b. Shrubs and Trees
1. Trim, shape and prune to maintain a neat and healthy
appearance. Prior to trimming, shaping or pruning, contact the City's
representative for the proper shaping of specific varieties.
A -3
174
2. Annually, thin out, shape and head back all trees and shrubs
as needed. Contact Citys representative before commencing work.
3. Control pests and diseases as needed to provide healthy
environment for trees and shrubs.
4. Remove all dead, diseased or damaged branches back to a
side branch.
5. Stake, retie and support trees when necessary.
6. All ties shall be checked frequently to avoid girdling.
7. Ground cover shall be cut back from trees and shrubs a
minimum of six (6) inches.
8. Application of an iron chelate fertilizer shall be used as needed
throughout the year, to maintain healthy, vigorous growth and foliage.
c. General Landscape Conditions
1. All operations conducted by the Contractor shall be done with
concern for maximum safety to the public.
2. Leaves, paper, weeds and other debris shall be removed
weekly from landscaped areas and disposed off site.
3. Contractor shall clean any areas littered or soiled by his
maintenance operations to a standard acceptable to the Director of
Public Works or his representative.
4. Notification of all "specialty types" maintenance operations shall
be given to the City 48 hours prior to each of these operations by the
Contractor. "Specialty Type" maintenance operations are defined as:
fertilization, pre- emergence weed control, all pesticide applications
except spot treatment, and other types of plant replacements.
5. Contractor is required, as part of this agreement, to fumish all
materials to accomplish maintenance in accordance with these
specifications. Contractor is further required to adequately stock
items that are frequently used.
A -4
175
6. Contractor shall maintain an office with phone service during
normal hours. If a telephone answering service is utilized, the
answering service shall be capable of contacting Contractor by radio
or pager. Contractor is further required to provide City with a 24 -hour
emergency number for contact outside normal working hours. The
response time to an emergency call -out by the Contractor shall not be
more than one (1) hour and shall be considered part of the normal
contract work.
7. Contractor shall apply herbicides per State and County Codes
and only when approved by the Director of Community Development
or his designated representative.
8. Contractor shall replace or replant any ground cover shrubs or
trees damaged by any pesticide used in the course of the job. This
shall be at no extra charge to the City.
d. Reports
1. Sprinkler Irrigation Reports
The Contractor shall fumish monthly sprinkler irrigation
reports. Controllers shall be checked weekly to insure their
proper operation and any malfunctions reported to the City's
representative. Non - working heads, broken risers, stations
failing to tum on or off as dictated, leaking valves, main line
leaks, controllers falling to keep time are all examples of
irrigation failures. These failures shall be included in the
above reports.
2. Periodic Maintenance Schedules
The Contractor shall fumish monthly maintenance schedules
that include planned activities for all persons performing any
function of the contract.
e. Maintenance of Fence and Orange County Flood Control District
Maintenance Road
1. If it is found that the Orange County Flood Control District
(O.C.F.C.D.) fence south of the berm is damaged or vandalized to
permit trespass, or if weed abatement is needed on the O.C.F.C.D.
A -5
176
Maintenance Road, the Contractor shall notify the City representative
promptly and the City will notify the appropriate O.C.F.C.D.
Authorities to correct the deficiency.
B. SPECIFIC METHODS OF PERFORMING IRRIGATION WORK
1. Irrigation shall be done by the use of automatic or manual sprinkler systems
where available and operable; however, failure of the existing irrigation
system to provide full and proper coverage shall not relieve the Contractor of
the responsibility to provide adequate irrigation with full and proper coverage
to all areas in the work site.
2. Any damages to public or private property resulting from excessive irrigation
water or irrigation water runoff shall be charged against the contract
payment unless immediate repairs are made by the Contractor to the
satisfaction of the Director of Community Development.
3. The Contractor shall regularly inspect the operation of the system for any
malfunction. The Contractor shall maintain all sprinkler systems, at no
additional cost to the City, in such a way as to guarantee proper coverage
and full working capabilities and make whatever adjustments may be
necessary to prevent excessive runoff into adjacent areas.
4. Care shall be exercised to prevent a waste of water and erosion of slopes.
5. The Contractor shall be responsible for the maintenance and repair of all
valves, heads, wire, automatic controllers, backflow devices, quick couplers
and any other irrigation equipment in the project area.
6. The Contractor is not responsible for the payment of water bills unless
negligent or excessive in his use. A heavy increase of water usage
indicates negligence on the Contractor's part, in which case, the additional
cost will be charged against him.
7. Landscaped slopes shall be irrigated, as required, to maintain horticulturally
accepted growth and color and to promote deep rooting.
8. It is the responsibility of the Contractor to make annual Backflow Device
reports to be submitted to the County of Orange and Southern California
Water Company. Newly planted trees, shrubs, ground cover and turf shall
receive special attention until these plants are established. Adequate water
shall be applied to promote normal, healthy growth. Collection basins shall
be maintained during the establishment period.
A -6
177
C. LANDSCAPE MAINTENANCE ACTIVITIES
1. Contractor shall perform clearance and trimming on both sides of the berm
four (4) times per year.
2. An allowance for irrigation repair and planting on a time and materials basis
has been provided to the Contractor.
3. Contractor shall provide for maintenance of backflow devices at least one
time per year.
2.5 OVERHANG
z
a
2
W
J
W
Z
zw
Q
Zo
C.)
0
1-
a
178
PINUS HALEPENSIS
ACACIA LONGIFOLIA
STORM CHANNEL
(NOTE: Berm section is 17' - 6"
wide from Knott Street
to 1000' west.)
MAINTENANCE
179
FOR FUTURE
CONNECTION
FENCE GATE
VALES
GATE VALVE
TEMPORARY
CONNECTION TO
ADJACENT SITE
TORO 316 -12 -02
TORO 308 -12 -02
MAIN LINE
PRIVATE FENCE
STORM CHANNEL
FENCE
MASTER IRRIGATION PLAN
SCALE: NOT TO SCALE
Attachment C
180
ATTACHMENT D
MAINTENANCE COST ESTIMATE
DESCRIPTION AMOUNT
Maintenance (from 7/1/17 - 6/30/18) $48,379
City's indirect Support Costs $ 7,257
Total Maintenance Costs $55,636
Assessment * $79,407
* 2.7% CPI adjustment (All Urban Consumers April Figure)
A-8
ae
N
r
ae
s—
*
Orp
O
*
.71
O
*
r
E.
r
ae
w
�
0
Ol
0
7'
Q
Q
Q
Q LT
'd
Q
.
r
r
r
r
O
r
E -1
/
KNOTT STREET
/
/
/
C
HOLDER STREET
u
Fjei
HOPE STREET
Vf
VALLEY VIEW STREET
(
STANTON CHANNEL EARTH BERM
LANDSCAPED EARTH BERM ADJACENT TO
STANTON CHANNEL
MAINTENANCE ASSESSMENT DISTRICT
181
or.. ;t-
2
SCALE: N.T.S ( DATE: MAY 2016 I ATTACHMENT: E
Howghei nquyeMbr kaeaiaMMaafencaannN bamLunbndwnneI ben..dwq
Attachment F
Landscape Maintenance Distrcit No.1
2017 -18 Assessment Distribution Based on
Max Assessment of $79,407
ASSESMENT
NUMBER
NAME
DESCRIPTION
Acreage
%
AMOUNT OF
ASSESSMENT
2017 -18
1.
Cypress Corporate Center LLC, P.O. Box 240011,
Los Angeles, CA 90024
Par 1, PM 134-4
A.P. #224 -271 -05
5.378
3.95%
$3,135
Cypress Corporate Center LLC; P.O. Box 240011
Par 1, PM 207 -35
2
Los Angeles, CA 90024
A.P. #224 - 271 -11
1 646
1.21%
$959
3
Cypress Corporate Center LLC P.O. Box 240011
Los Angeles, CA 90024
Par 2, PM 207 -35
A.P. #224 - 271-07
3.238
2.38%
51,887
4A
CRP -2 Holdings Cypress LLC 1 International Place #2750
Boston, MA 02110 -2602
Par 1, PM 155 -23
A.P. #224- 271 -23
13.966
10.25%
$8,140
48
CRP -2 Holdings Cypress LLC 1 International Place #2750
Boston, MA 02110 -2602
Par 2, PM 155 -23
A.P. #224 - 271 -24
8.324
6.11%
54,852
5
Mitsubishi Motor Sales of America Inc.; P.O. Box 6400 Cypress,
CA. 90630
Par 1, PM 167 -34
A.P. #224 - 261-04
22.304
16.37%
$13,000
6
Cypress Corporate Center LLC P.D. Box 240011 Los
Angeles, CA 90024
Par 4, PM 247 -21
A.P. #224 -261 -07
6.301
4.62%
$3,672
Cypress Corporate Center LLC P.O. Box 240011 Los
Par 3, PM 247 -21
7
Angeles, CA 90024
A.P. #224262 -0i
15.235
11.18%
58,880
8
Warland Investments, Ltd. 1299 Ocean Ave., Ste. 300
Santa Monica, CA 90401
Par 1, PM 214 -13
A.P. #224-271 -21
11.314
8.30%
56,594
9
Cypress Corporate Center LLC P.O. Box 240011 Los
Angeles, CA 90024
Par 2, PM 207 -35
A.P. #224-271 -12
1.843
1.35%
$1,074
10
Cypress Corporate Center LLC P.O. Box 240011 Los
Angeles, CA 90024
Par 3, PM 207 -35
A.P. #224-271 -13
1.1.00
0.81%
$641
11
Cypress Corporate Center LLC P.O. Box 240011 Los
Angeles, CA 90024
Par 4, PM 207 -35
A.P. #224271 -14
1106
0.81%
$645
12
Cypress Corporate Center LLC P.O. Box 240011 Los
Angeles, CA 90024
Lot 5, PM 207 -35
A.P. #224 - 271 -17
1380
1.01%
5804
13
Cypress Corporate Center LLC P.O. Box 240011 Los
Angeles, CA 90024
Par 6, PM 207 -35
A.P. #224-271 -16
0.996
0.73%
$581
14
Cypress Corporate Center LLC P.O. Box 240011 Los
Par 7, PM 207 -35
1.322
0.97%
$771
Angeles, CA 90024
A.P. #224-271 -15
15
Warland Investments, Ltd. 1299 Ocean Ave., Ste. 300
Santa Monica, CA 90401
Par 2, PM 214-13
A.P. #224271 -22
17.504
12.85%
$10,202
16
Cypress Corporate Center LLC P.O. Box 240011 Los
Angeles, CA 90024
Par 1, PM 238-16
A.P. #224261 -08
7.177
5.27%
54,183
17
Cypress Corporate Center LLC P.O. Box 240011 Los
Angeles, CA 90024
Par 2, PM 247 -21
A.P. #224 - 261 -10
9.211
6.76%
$5,359
18
Cypress Corporate Center LLC P.O. Box 240011 Los
Angeles, CA 90024
Par 2, PM 247 -21
A.P. #224 - 261 -11
5.897
5.06%
$4,020
Total
136.242
100%
$79,407
182