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HomeMy WebLinkAboutRES 2021-50RESOLUTION NO. 2021-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT (NO. 39-2022) PURSUANT TO PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND DESIGNATING SCI CONSULTING GROUP AS THE ENGINEER OF RECORD WHEREAS, the City Council hereby proposes the formation of a landscaping and lighting district pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California Streets and Highways Code, Sections 22500 et seq., (the "Act"); and WHEREAS, the purpose of the proposed landscaping and lighting district shall be to install, maintain and service improvements as described in Section 2 below. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The new landscaping and lighting district proposed in this Resolution is hereby given the distinctive designation of Landscape Maintenance District No. 39- 2022 (hereafter "District 39-2022"), the boundaries of which consists of all of the property as more particularly shown in the attached Exhibit "A", which is incorporated herein by this reference. Section 2. It is proposed that District 39-2022 undertake the maintenance of various improvements including five City -owned mini -parks, City -owned trails, 15 acres of private slopes, and 39 acres of private open space areas with the District through installation, maintenance, and servicing of public and/or private areas and facilities, including but not limited to, landscaping, sprinkler systems, landscape corridors, ground cover, shrubs and trees, street frontages, lighting, fencing, entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable. Installation includes the construction of landscape improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage, and lights. Maintenance includes the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of said improvements, including (a) repair, removal, or replacement of all or part of any improvement; (b) providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (c) the removal of trimmings, rubbish, debris, and other solid waste; and (d) the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing includes the furnishing of (a) electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, and (b) water for the irrigation of any Resolution No. 2021-50 landscaping, the operation of any fountains, or the maintenance of any other improvements. Section 3. SCI Consulting Group is hereby designated as the Engineer of Record for purposes of these proceedings and is hereby ordered to prepare an Engineer's Report in accordance with Article 4 of Chapter 1 of the Act and Article XIIID of the California Constitution. Upon completion, the Engineer shall file the Engineer's Report with the City Clerk for submission to the City Council to consider whether to continue proceedings for formation of District 39-2022. PASSED, APPROVED AND ADOPTED this 2nd day of November 2021. THE CITY OF DIAMOND BAR Nancy A. by s, Mayor 4 ` ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 2nd day of November 2021, by the following roll call vote: AYES: COUNCIL MEMBERS: Liu, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Chou, MPT/Low Kristina Santana, City Clerk E Resolution NOP 2021-50 3