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ITEM #11 <br />CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF MAY 5, 2009 <br />TO: HONORABLE MAYOR AND CITY COUNCIL <br />FROM: MARITZA TAPIA; INTERIM PUBLIC WORKS DIRECTOR <br />SUBJECT: APPROVAL OF THREE RESOLUTIONS FOR LLMD1: <br />1) RESOLUTION INITIATING PROCEEDINGS, 2) RESOLUTION <br />APPROVING THE PRELIMINARY ENGINEER'S REPORT AND 3) <br />RESOLUTION OF INTENTION SETTING THE PUBLIC HEARING <br />DATE REGARDING THIS MATTER FOR JULY 7, 2009. <br />DATE: APRIL 27, 2009 <br />BACKGROUND: <br />In compliance with the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Streets <br />and Highways Code of California, the City Council formed a Landscape and Lighting Maintenance <br />Assessment District. Currently, there are two Landscape Lighting and Maintenance Districts <br />(LLMD) within the City of Colton. Each District provides the services of maintaining lighting, <br />landscaping and all applicable facilities within its boundaries. <br />Within the LLMD District 1, there are five zones; Exhibit B depicts the locations of these zones. <br />Within each zone a different amount is levied that is determined by the benefit units each property <br />type (residential, industrial or commercial) is assigned; a single family residence is used as the <br />basic unit of assessment and is assessed an Equivalent Benefit Unit (EBU) of 1.00. In addition to <br />the EBU, the other determining factor in establishing each zone's corresponding assessment is <br />the acreage of each parcel. The costs associated with maintaining the improvements within each <br />zone are then distributed to those parcels within the zone in proportion to the benefit received by <br />those parcels. Only parcels that directly benefit from the improvements are assessed. <br />All assessment rates within LLMD 1 were established over twenty years ago and have not since <br />been adjusted. As this District was created without an inflator to allow for inflationary increases <br />the rates cannot be adjusted to meet the service costs without balloting all parcels within each <br />Zone. Seeking to provide services for LLMD 1 at lower costs, staff requested to solicit bids for the <br />maintenance of the improvements within LLMD 1 during fiscal year 2005/2006. The lowest bid <br />received was able to provide these services at a lower rate, thus no longer requiring the city's <br />general fund to supplement the LLMD fund. The award of the maintenance agreement to the <br />lowest bidder, EZ Sunnyday Landscape, resulted in annual savings to the city of over $150,000. <br />DISCUSSION/ANALYSIS: <br />On April 1, 2003, the City Council approved an amendment to the Colton Municipal Code <br />increasing the powers and duties of the Community Facilities District Commission (CFD) to <br />include review of the city's LLMDs. As the CFD Commission exists today it is not comprised of <br />7/10/03 City Clerk's Office Cb <br />