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Resolution No. 6513428 RESOLUTION NO. 6513 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2015 -16, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. WHEREAS, the City Council has heretofore proposed the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2015 -16 (the "District ") pursuant to the provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code, Sections 22500 et seq.) for the purpose of maintaining a landscaped berm to be constructed in connection with the development of the Cypress Business Park; and WHEREAS, the City Engineer's report entitled "City Engineer's Report- Maintenance Assessment District for Berm," dated June 22, 2015, (the "City Engineer ") was ordered, prepared and presented to the City Council pursuant to Streets and Highways Code, Sections 22565 et seq.; and WHEREAS, said report was duly adopted, approved and confirmed by the City Council by its Resolution No. 6512 and is on file with City Clerk of said City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City of Cypress does hereby declare its intention to order the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2015 -16, and to collect assessments pursuant to the Landscaping and Lighting Act of 1972. SECTION 2. The 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 Stanton Storm Channel, and on the west by Valley View Street. SECTION 3. The landscaped improvements to be installed and maintained within the boundaries of the District are more particularly described in the City Engineer's Report. Said improvements have been modified since formation of said District by being extended from Knott Street westerly to 40' east of Valley View Street. SECTION 4. A full and detailed description of the boundaries of the District and the proposed assessments upon assessable lots and parcels of land within the District are contained in the City Engineer's Report. SECTION 5. NOTICE IS HEREBY GIVEN that on the 27th day of July, 2015, at the hour of 7:00 p.m. in the Council Chamber located at City Hall, 5275 Orange Avenue, in the City of Cypress, California, any and all persons having objections to the work or extent of the District, may appear and show cause why said work should not be done or carried out or why the District should not be renewed in accordance with the Resolution of Intention. Although the City Council will consider all oral objections at the hearing, in order for an objection to constitute a protest under Streets and Highways Code, Section 22628, such protest must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same and must be delivered to the City Clerk of said City prior to the time set for the hearing and no other protests or objections will be considered for this purpose. If the signer of any protest is not shown upon the last equalized assessment roll of Orange County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 6. The City Clerk shall cause this Resolution of Intention to be published at least ten days prior to the date set for the hearing, at least once in a newspaper of general circulation serving the City of Cypress, California, all as provided for in Government Code, Section 6061. 429 SECTION 7. The City Clerk is hereby ordered and directed to mail this Resolution of Intention to all property owners, whether resident or nonresident, within the District, at least ten days prior to the date set for the hearing, pursuant to Streets and Highways Code, Section 22627. PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 22nd day of June, 2015. ATTEST: cz CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MA OR O'i HE CITY OF CYPRESS 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 22nd day of June, 2015, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK ©F THE CITY OF'CYPRESS 430 CITY ENGINEER'S REPORT MAINTENANCE ASSESSMENT DISTRICT FOR BERM PROJECT NO. 8615 -90 for CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FISCAL YEAR 2015 -16 Kamran Dadbeh, P.E. City Engineer City of Cypress JUNE 22, 2015 431 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 432 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 Reports j. Irrigation repair Other duties related to maintenance of landscape and irrigation system 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 Public Works or his designated representative. A -1 Workmanship 433 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. 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 Public Works 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 returned to the City representative. A -2 6. Cleaning 434 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. Morning 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 Public Works 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. 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 -3 435 2. Annually, thin out. shape and head back all trees and shrubs as needed. Contact City's 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 treatrnent, and other types of plant replacements. 5. Contractor is required, as part of this agreement, to furnish all materials to accomplish maintenance in accordance with these specifications. Contractor is further required to adequately stock items that are frequently used. A -4 436 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 Public Works 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. Reports 1. Sprinkler Irrigation Reports The Contractor shall furnish 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 turn on or off as dictated, leaking valves; main line leaks, controllers failing to keep time are ail examples of irrigation failures. These failures shall be included in the above reports. 2. Periodic Maintenance Schedules The Contractor shall furnish 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 t. 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 0 C.F.C.D. A -5 437 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 Public Works. 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 -6 438 C. LANDSCAPE MAINTENANCE ACTFVI-TIES 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. co Lt.) LLiJ) --*"" }—W 0 < < '--, �< <cr 1 0 ATTACHMEN. LLI rr) 0r' ACACIA L01-4G1FQLV\ o < 1- C1) 0 Ci.1 <!< E I- C 5' cr) < <a cc< OE 0 .-t-ar M a OCD ta) Cti ;77 0 cc —J LLI 1■A1,11\— ROA\— 439 CHANNEL BERM G -< ,--• c, AT lACHMENT E3 A7lACHMENT C L' C iL FQf FUiJ� G_r}�J G-T1 ©N V,LVE: S l GOt�f�EC -i c;) 1.4 TO E- ToP,O 51c. 02. -jDPO - f2- o i�(61[N1 {I ✓ r 1-,J 6 // r -L-. ATTACHMENT C 440 441 ATTACHMENT D MAINTENANCE COST ESTIMATE DESCRIPTION AMOUNT Maintenance (from 711/15-6130/16) $52,469 City's Indirect Support Costs $ 9,550 Total Maintenance Costs $62,019 Assessment $75,803 Maximum assessment with 0.5 %CPI adjustment is $75,803. All Urban Consumer April Figure ATTACHMENT D ri p., co 6 co 6 c_.) ,-: t-- 6 1.- cr) 6 L) < L c ) -,1- 1.843 AC 0 < 0 00 •—• 0 < (L, I': 0 < 0 co 0 ,-- 0 < 0 0 cr.) 0 1.322 AC F-1 7 KNOTT T. ASSESSMENT DISTRICT HOLDER STREET VALLEY VIEW STREET STANTON CHANNEL EARTH BERM FUTURE BERM LANDSCAPED EARTH BERM ADJACENT ADJACEN1 10 STANTON CHANNEL. DATE: JUNE 2015 1 ATTACHMENT E MAINTENANCE ASSESSMEN1 DISTRICT SCALE: N.T.S npuyerl for karrran \stunts> ct.nne!Uermn.1.81,1on Uiarine term.dwo 0 1-- cc u_ 0 U.) CC H • < • Z D Y 0 LL CD 0 LI) ui z U) < LI) (r) 0 00 z- < -5; z > 2 4— Z <0 04-- 0 W w CC X 2o z CO Z (.0 Lu 0I cn ry < 0 0'Z LL I• li LL; Z0 D ■— r(?) 442 ATTACHMENT F LANDSCAPED EARTH BERM ADJACENT TO STANTON CHANNEL. ASSESSMENT DISTRICT DISTRIBUTION AMOUNT OF ASSESSMENT ASSESSMENT NUMBER NAME DESCRIPTION 2015 -2016 Cypress Corporate Center LLC Par 1, PM 134 -4 P.O. Box 240011 5.378 Acres Los Angeles, CA 90024 A.P. #224- 271 -05 Cypress Corporate Center LLC Par 1, PM 207 -35 P.O. Box 240011 1.646 Acres Los Angeles, CA 90024 A.P. #224 -271 -11 3.95% $ 2,994 1.21% $ 917 3, Cypress Corporate Center LLC Par 2, PM 207 -35 P.O. Box 240011 3.238 Acres 2.38% $ 1,804 Los Angeles, CA 90024 A.P. #224- 271 -07 4A. CRP -2 Holdings Cypress LLC Par 1, PM 155 -23 1 International Place 22.29 Acres 10.25% $7,770 #2750 A.P #224- 271 -23 Boston, MA 02110 -2602 4B. CRP -2 Holdings Cypress LLC Par 1, PM 155 -23 1 International Place 22.29 Acres #2750 A.P. #224 - 271 -24 Boston, MA 02110 -2602 5. Mitsubishi Motor Sales Par 1, PM 167 -34 of America Inc. 22.304 Acres P.O. Box 6400 A.P. #224 -261 -04 Cypress. CA. 90630 6.11% $4,632 16 37% $12,409 6. Cypress Corporate Center LLC Par 4, PM 2.47 -21 P.O. Box 240011 6.301 Acres 4.63% $ 3,510 Los Angeles, CA 90024 A.P. #224 - 261 -07 7 Cypress Corporate Center LLC Par 3, PM 247 -21 P.O. Box 240011 15.235 Acres Los Angeles, CA 90024 A.P. #224- 262 -01 Warland Investments, Ltd. 1299 Ocean Ave., Ste. 300 Santa Monica, CA 90401 Par 1, PM 214 -13 11.314 Acres A.P. #224- 271 -21 9. Cypress Corporate Center LLC Par 2, PM 207 -35 P.O. Box 240011 1.843 Acres Los Angeles, CA 90024 A.P. #224 - 271 -12 6/22/15 F -1 11.18% $ 8,475 8.31% $ 6,299 1.35% $ 1,023 443 ATTACHMENT F LANDSCAPED EARTH BERM ADJACENT TO STANTON CHANNEL ASSESSMENT DISTRICT DISTRIBUTION AMOUNT OF ASSESSMENT ASSESSMENT NUMBER NAME DESCRIPTION 2015 -2016 10. Cypress Corporate Center LLC Par 3, PM 207 -35 P O. Box 240011 1.100 Acres Los Angeles, CA 90024 A.P. #224 - 271 -13 11. Cypress Corporate Center LLC Par 4, PM 207 -35 P O. Box 240011 1.106 Acres Los Angeles, CA 90024 A.P. #224- 271 -14 12. Cypress Corporate Center LLC Lot 5, PM 207 -35 P.O. Box 240011 1.380 Acres Los Angeles, CA 90024 A.P. #224 -271 -17 13. Cypress Corporate Center LLC Par 6, PM 207 -35 P.O. Box 240011 0.966 Acres Los Angeles, CA 90024 A.P. #224 -271 -16 14. Cypress Corporate Center LLC Par 7, PM 2.07 -35 P.O. Box 240011 1.322 Acres Los 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 17.504 Acres A.P. #224 - 271 -22 16. Cypress Corporate Center LLC Par 1, PM 238 -16 P.O. Box 240011 7.177 Acres Los Angeles, CA 90024 A.P. #224 - 261 -08 17. Cypress Corporate Center LLC Par 2, PM 247 -21 P.O. Box 240011 9.211 Acres Los Angeles, CA 90024 A.P. #224- 261 -10 18. Cypress Corporate Center LLC Par 2, PM 247 -21 P.O. Box 240011 6.897 Acres Los Angeles, CA 90024 A.P. #224 -261 -11 6/22/15 0.81% $ 614 0.81% $ 614 1.01% $ 766 0.71% $ 538 0.97% $ 735 12.85% $ 9,741 5.27% $ 3,995 6.76% $ 5,124 5.07% $ 3,843 136.212 Acres 100% $75,803 F -2 444