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Resolution No. 6561
293 RESOLUTION NO. 6561 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE CITY ENGINEER'S REPORT DATED MAY 2, 2016 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 2, 2016, and shall stand as such for the purposes of all subsequent proceedings pursuant to the renewal of said Maintenance District for Fiscal Year 2016 -17. 294 PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 13th day of June, 2016. MAY ATTEST: r f tea- O& CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS OF THE CITY f) 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 13th day of June, 2016, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 295 CITY ENGINEER'S REPORT MAINTENANCE ASSESSMENT DISTRICT FOR BERM for CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FISCAL YEAR 2016 -17 Kamran Dadbeh, P.E. City Engineer City of Cypress May 2, 2016 296 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 297 LANDSCAPE MAINTENANCE SPECIFICATIONS A. SPECIAL PROVISIONS 1. Scope of Work Contractor shall fumish 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 Community Development or his designated representative. A -1 3. Workmanship 298 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 fumished 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 returned to the City representative. A -2 6. Cleaning 299 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 Satan 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 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 A -3 300 representative for the proper shaping of specific varieties. 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 concem 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 A -4 301 items that are frequently used. 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 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 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 A -5 302 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. 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 A -6 303 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. 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. 304 ATTACHMENT D MAINTENANCE COST ESTIMATE DESCRIPTION AMOUNT Maintenance (from 7/1/15-6/30/16) $47,621 City's Indirect Support Costs $ 7,150 Total Maintenance Costs $54,771 Assessment * $77,319 * Maximum assessment with 2% CPI adjustment is $77,319 All Urban Consumer April Figure 0 N .— 0 M .— 0 c0 CO 0 N O 0 O .- 0 h O 0 ti CT O 0 < < < < 1.322 AC co 343 b O f80 m r- .- '- O 0000000 E -1 / KNOTT STREET U O r m M _ ro U / / w d / Q m °Y DANA WY ctc D DANA ®!© HOLDER STREET / \ HOPE STREET PHYLLIS DRIVE VALLEY VIEW STREET O Z 0 W m N v w2 Q O STANTON CHANNEL EARTH BERM 0 Z W1 dJ O w z W LLI . Q 0 wZ Y LL > W W Z LL 0 W Z W' } W w� Q 0 Z W `S W = Z W 4 U Uz �Z A ON Z W2 (h LL 0O W � Z W LL � OUJ EE(/)W W = O O Z w OZ LANDSCAPED EARTH BERM ADJACENT TO STANTON CHANNEL MAINTENANCE ASSESSMENT ()STRICT SCALE: N.T.S DATE: MAY 2016 305 �i o ATTACHMENT: E n cal Dermlctantu^ C!'nnnel be'rn. dvvg ATTACHMENT F LANDSCAPED EARTH BERM ADJACENT TO STANTON CHANNEL ASSESSMENT DISTRICT DISTRIBUTION ASSESSMENT NUMBER NAME 1. Cypress Corporate Center LLC P.O. Box 240011 Los Angeles, CA 90024 2. Cypress Corporate Center LLC P.O. Box 240011 Los Angeles, CA 90024 3. Cypress Corporate Center LLC P.Q. Box 240011 Los Angeles, CA 90024 4A. CRP -2 Holdings Cypress LLC 1 International Place #2750 Boston, MA 02110 -2602 4B. CRP -2 Holdings Cypress LLC 1 International Place #2750 Boston, MA 02110 -2602 5. Mitsubishi Motor Sales of America Inc. P.O. Box 6400 Cypress, CA. 90630 6. Cypress Corporate Center LLC P.O. Box 240011 Los Angeles, CA 90024 7. Cypress Corporate Center LLC P.O. Box 240011 Los Angeles, CA 90024 8. Warland Investments, Ltd. 1299 Ocean Ave., Ste. 300 Santa Monica, CA 90401 9. Cypress Corporate Center LLC P.O. Box 240011 Los Angeles, CA 90024 5/2/16 DESCRIPTION Par 1, PM 134-4 5.378 Acres 3.95% A.P. #224 - 271 -05 Par 1, PM 207 -35 1.646 Acres A.P. #224 - 271 -11 AMOUNT OF ASSESSMENT 2016 -2017 $ 3,054 1.21% $ 936 Par 2, PM 207 -35 3.238 Acres 2.38% $ 1,840 A.P. #224 -271 -07 Par 1, PM 155 -23 22.29 Acres A.P. #224- 271 -23 Par 1, PM 155 -23 22.29 Acres A.P. #224- 271 -24 10.25% $7,925 6.11% $4,724 Par 1, PM 167 -34 22.304 Acres 16.37% $12,657 A.P. #224 - 261 -04 Par 4, PM 247 -21 6.301 Acres 4.63% $ 3,580 A.P. #224 - 261 -07 Par 3, PM 247 -21 15.235 Acres 11.18% $ 8,644 A.P. #224 - 262 -01 Par 1, PM 214 -13 11.314 Acres A.P. #224-271-21 Par 2, PM 207 -35 1.843 Acres A.P. #224 - 271 -12 F -1 8.31% $ 6,425 1.35% $ 1,044 306 ATTACHMENT F LANDSCAPED EARTH BERM ADJACENT TO STANTON CHANNEL ASSESSMENT DISTRICT DISTRIBUTION ASSESSMENT NUMBER NAME 10. Cypress Corporate Center LLC P.O. Box 240011 Los Angeles, CA 90024 11. Cypress Corporate Center LLC P.O. Box 240011 Los Angeles, CA 90024 12. Cypress Corporate Center LLC P.O. Box 240011 Los Angeles, CA 90024 13. Cypress Corporate Center LLC P.O. Box 240011 Los Angeles, CA 90024 14. Cypress Corporate Center LLC P.O. Box 240011 Los Angeles, CA 90024 15. Warland Investments, Ltd. 1299 Ocean Ave., Ste. 300 Santa Monica, CA 90401 16. Cypress Corporate Center LLC P.O. Box 240011 Los Angeles, CA 90024 17. Cypress Corporate Center LLC P.O. Box 240011 Los Angeles, CA 90024 18. Cypress Corporate Center LLC P.O. Box 240011 Los Angeles, CA 90024 5/2/16 DESCRIPTION Par 3, PM 207 -35 1.100 Acres A.P. #224 - 271 -13 Par 4, PM 207 -35 1.106 Acres A.P. #224 - 271 -14 Lot 5, PM 207 -35 1.380 Acres A.P. #224 - 271 -17 Par 6, PM 207 -35 0.966 Acres A.P. #224 - 271 -16 Par 7, PM 207 -35 1.322 Acres A.P. #224 - 271 -15 Par 2, PM 214 -13 17.504 Acres A.P. #224 - 271 -22 Par 1, PM 238 -16 7.177 Acres A.P. #224 - 261 -08 Par 2, PM 247 -21 9.211 Acres A.P. #224- 261 -10 Par 2, PM 247 -21 6.897 Acres A.P. #224 -261 -11 136.212 Acres F -2 AMOUNT OF ASSESSMENT 2016 -2017 0.81% $ 626 0.81% $ 626 1.01% $ 781 0.71% $ 549 0.97% $ 750 12.85% $ 9,935 5.27% $ 4,075 6.76% $ 5,227 5.07% $ 3,920 100% $77,319 307