Resolution No. 6520462
RESOLUTION NO. 6520
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ORDERING THE RENEWAL OF THE CYPRESS CORPORATE CENTER
LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2015 -16,
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND
CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF.
WHEREAS, the City Council has, by Resolution No. 6513, declared its intention to
order the construction and maintenance of a certain landscaped berm in connection with
the development of the Cypress Business Park, and to modify Cypress Corporate Center
Landscape Maintenance District No. 1 under the provisions of the Landscaping and
Lighting Act of 12972, i.e., Part 2 of Division 15 of the California Streets and Highways
Code (herein "the Act "); and
WHEREAS, by Resolution No. 6512, the City Council has approved a report
prepared by the City Engineer under and pursuant to the Act and, in particular, Section
22565 et seq. of the Act; the City Engineer's Report (herein "the Report"), and said Report
has been filed with the City Clerk of the City of Cypress (herein "the City Clerk ") and has
been available for review by the property owners within Cypress Corporate Center
Landscape Maintenance District No. 1; and
WHEREAS, in Resolution No. 6513, the City Council fixed July 27, 2015, at the
hour of 7:00 p.m. in the City Council Chamber located at City Hall, 5275 Orange Avenue,
in the City of Cypress, California, as the time and place for hearing protests and objections
to the improvements proposed to be renewed for Fiscal Year 2015 -16, and /or to the
proposed assessment; and
WHEREAS, the City Clerk has given the notices of the passage of the Resolution
of Intention, Resolution No. 6513, the filling of the Report, and of the time and place and
purpose of said hearing, substantially as required by Sections 22626 et seq. of the
California Streets and Highways Code; and
WHEREAS, the City Clerk has filed with the City Council an affidavit setting forth
the time and manner of the compliance with the requirements of the Act for publishing and
mailing of said notices; and
WHEREAS, at the time and place stated in said notices, a hearing was duly held by
the City Council; during the course of said hearing, the Report was duly presented and
considered; all written protests and objections received, if any, were duly presented, read,
heard, and considered; all persons appearing at said hearing and desiring to be heard in
the matter of said Report were heard; a full, fair, and complete hearing has been had; and
the City Council is fully informed in the premises; and
WHEREAS, the City Council has examined and considered the assessment
proposed in said Report and the proceedings prior thereto, and the evidence presented at
said hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The hearing referred to in the recitals hereof has been duly,
held, and each and every step in the proceedings prior to and including the hearing has
been duly and regularly taken. The City Council is satisfied with the correctness of the
Report, including the assessment and diagram, the proceedings and all matters relating
thereto; and any and all protests, objections, or appeals are hereby overruled and denied.
The City Council orders the renewal of Cypress Corporate Center Landscape
Maintenance District No. 1 for Fiscal Year 2015 -16, as described in Resolution No. 6513,
and confirms the proceedings and said assessment.
SECTION 2. The City Council orders the proposed improvements to be
made in accordance with said Report and these proceedings.
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SECTION 3. The City Council determines that the amount of the
assessment shown in said Report, i.e. $75,803 should be confirmed; and said assessment
is confirmed and fixed in the amount of $75,803.
SECTION 4. The City Council determines that the amounts to be assessed
against the individual parcels shown on the assessment diagram contained in said Report
are hereby approved and confirmed; and said City Clerk is directed to endorse the fact
and date of such approval on said Report.
SECTION 5 The City Clerk is directed to file said diagram and assessment
with the County Auditor as required by Section 22641 of the California Streets and
Highways Code.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 27th day of July, 2015.
MAYOR O'
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
E 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 27th day of July, 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 OF THE CITY OF CYPRESS
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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
ts14,445k
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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
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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
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 Public Works or his designated representative.
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3. Workmanship
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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 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.
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6. Cleaning
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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.
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.
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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 treatment, 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.
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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.
d. 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 all 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
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.
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471
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.
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.
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.
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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.
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STORM CHANNEL
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MAIN LINE
PRIVATE FENCE
STORM CHANNEL
FENCE
MASTER IRRIGATION PLAN
SCALE: NOT TO SCALE
Attachment C
ATTACHMENT D
MAINTENANCE COST ESTIMATE
DESCRIPTION AMOUNT
Maintenance (from 7/1/15- 6/30/16) $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
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LANDSCAPED EARTH BERM ADJACENT TO
STANTON CHANNEL
DATE: JUNE 2015 ATTACHMENT E
ANTENANCE ASSESSMENT ()IS )41CT
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ATTACHMENT F
LANDSCAPED EARTH BERM ADJACENT TO STANTON CHANNEL
ASSESSMENT DISTRICT DISTRIBUTION
AMOUNT OF
ASSESSMENT ASSESSMENT
NUMBER NAME DESCRIPTION 2015 -2016
1. Cypress Corporate Center LLC Par 1, PM 134 -4
P.O. Box 240011 5.378 Acres 3.95% $ 2,994
Los Angeles, CA 90024 A.P. #224 - 271 -05
2. 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. Cypress Corporate Center LLC Par 2, PM 207 -35
P.O. Box 240011 3.238 Acres
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
#2750 A.P. #224 - 271 -23
Boston, MA 02110 -2602
1.21% $ 917
2.38% $ 1,804
10.25% $7,770
4B. CRP -2 Holdings Cypress LLC Par 1, PM 155 -23
1 International Place 22.29 Acres 6.11 % $4,632
#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 16.37% $12,409
P.O. Box 6400 A.P. #224 - 261 -04
Cypress, CA. 90630
6. Cypress Corporate Center LLC Par 4, PM 247 -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
8. Warland Investments, Ltd. Par 1, PM 214 -13
1299 Ocean Ave., Ste. 300 11.314 Acres
Santa Monica, CA 90401 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
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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 207-35
P.O. Box 240011 1.322 Acres
Los Angeles, CA 90024 A.P. #224-271-15
15. War land 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
0.81% $ 614
0.81% $ 614
1.01% $ 766
0.71% $ 538
0.97% $ 735
12.85% $ 9,741
5.27% $ 3,995
17. Cypress Corporate Center LLC Par 2, PM 247-21
P.O. Box 240011 9.211 Acres 6.76% $ 5,124
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 5.07% $ 3,843
Los Angeles, CA 90024 A.P. #224-261-11
6/22/15
136.212 Acres 100% $75,803
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