HomeMy WebLinkAboutR31-Economic Development
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
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FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Agreement for the Administration and
Implementation of a Community Beautification
Services and Blight Ahatement Program
hetween the City of San Bernardino Parks,
Recreation and Community Services
Department ("Parks") and the Agency
DATE: October IS, 2008
SvnoDsis of Previous Commission/Council/Committee Action(s):
On October 9, 2008, Redevelopment Committee Members Estrada, Johnson and Baxter unanimously voted to recommend that
the Mayor and Common Council and/or the Community Development Commission consider this action for approvaL
Recommended Motion(s):
(Mavor and Common Council)
MOTION: That the Mayor and Common Council of the City of San Bernardino approve and authorize the Director of Parks,
Recreation and Community Services to execute the Memorandum of Understanding ("MOU") with the
Redevelopment Agency of the City of San Bernardino ("Agency")
(Communitv Develonment Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and
authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to execute a Memorandum of Understanding by and between the Agency and the City of San
Bernardino Parks, Recreation and Community Services Department ("Parks") (Central City Meadowbrook,
Central City North, Central City South, Central City West, Central City East, Mt. Vernon Corridor, Southeast,
Uptown and South Valle Redevelopment Project Areas)
Contact Person(s):
Project Area(s):
Brian Turnbull
CCM, CCN, CCS, CCW, CCE, Mt. V,
SE, UT and S. Valle
Phone:
(909) 663-1044
Ward(s):
1,2,3and6
Supporting Data Attached:
o Staff Report 0 Resolution(s) 611 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $ 250,000
Source:
Tax Increment
Budget Authority:
FY 2008-2009
Signature:
Emil A. Marzullo, Interim E
Fiscal Review:
~~"U~ <2'//5/-;(
Barbara Lindseth, Administrative Services Director
Commission/Council Notes:
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PlAgendas\Comm Dev Commission\CDC 2008\10-20-08 Parks Community Beautilicatiun Services Program SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 10/20/2008
Agenda Item Number: J2. 3 (
10- ZtJ..6f>
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
AGREEMENT FOR THE ADMINISTRATION AND IMPLEMENT A TION OF A COMMUNITY
BEAUTIFICATION SERVICES AND BLIGHT ABATEMENT PROGRAM BETWEEN THE
CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES
DEP ARTMENT ("PARKS") AND THE AGENCY
BACKGROUND:
One of the most serious problems faced by the City of San Bernardino ("City") is the negative perception
of safety related to blighting influences in the gateways and commercial corridors of the City. Graffiti,
trash, abandoned furniture and appliances and a lack of landscape maintenance are in large part the
reasons for this perception. Community and business leaders have asked that a program be initiated to
help alleviate spot blight in these areas. The Parks, Recreation and Community Services Department
("Parks") has proposed a pilot program, the Community Beautification Services Program ("CBS"), to
assist in this effort; and the Community Development Commission of the City of San Bernardino has
allocated $250,000 in the FY 2008-2009 Redevelopment Agency of the City of San Bernardino
("Agency") budget intended for this purpose and to be administered and implemented by Parks. This
action is intended to implement this budget authorization.
The funding provided for this program will be utilized to purchase a work van and trailer to be owned by
the Redevelopment Agency of the City of San Bernardino ("Agency"), as well as, undertake tree
trimming and graffiti abatement and purchase landscape maintenance equipment and supplies. The CBS
program will be staffed by a three person team cross trained in landscape maintenance, tree trimming,
graffiti abatement and general construction. The three staff positions will be hired by the Agency and will
be Agency temporary employees under a written contract as Public Service Employees ("PSE's") without
any Agency benefits and participation in the Agency's PERS retirement plan. However, there will be an
arrangement between the Parks Director and the Interim Executive Director of the Agency through a
written MOU to allow for the daily supervision of these employees to be through the Parks Director and
thus avoid any ambiguities as to the management and reporting responsibilities for these individuals.
Based upon work load estimates at this time, it is unlikely that the three individuals hired as PSE's for
these temporary positions would have additional time available for work on any matters for Parks other
than in furtherance of the CBS program. The funding and the staffing for the CBS program would be as a
one-year demonstration program to enable the Agency to determine the effectiveness of such a
concentrated effort in blight removal.
CURRENT ISSUE:
The City currently utilizes a variety of resources in its efforts to abate blight throughout the city.
Downtown revitalization projects are now underway in various sections of the downtown area. The
Downtown Mixed Use Project has enabled the City to begin the process that will redevelop the area at 5th
and "G" Streets by removing dilapidated motels, apartments and commercial buildings. However, the
efforts made to abate blight are not always handled in a timely manner. The CBS program will be
focused on providing a rapid response to blight abatement and other tree and landscape replacement
issues in and around the downtown area and within the City's major transportation and commercial
P:\Agendas\Comm Dev Commission\CDC 2008\10-20-08 Parks Community Beautification Services Program SR doc
COMMISSION MEETING AGENDA
Meeting Date: 10/20/2008
Agenda Item Number:
Economic Development Agency Staff Report
Community Beautification Services - Parks & Rec
Page 2
corridors which are primarily located in redevelopment project areas. In addition, the CBS crew will
provide basic property care-taker services for various Agency owned properties throughout the
Redevelopment Project Areas.
ENVIRONMENTAL IMP ACT:
This project is categorically exempt under the California Environmental Quality Act (CEQA).
FISCAL IMP ACT:
Funding in the amount of $250,000 has been budgeted for the CBS Program in the Agency's adopted FY
2008-2009 budget.
RECOMMENDATION:
That the Mayor and Common Council adopt the Motion and the Community Development Commission
adopt the attached Resolution.
j{L~
Emil A. Marzullo, Interim Exe
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COMMISSION MEETING AGENDA
Meeting Date: 10/20/2008
Agenda Item Number:
1
2
RESOLUTION NO.
t(Q)L91{
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE AGENCY AND THE CITY OF SAN BERNARDINO
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
("PARKS") (CENTRAL CITY MEADOWBROOK, CENTRAL CITY
NORTH, CENTRAL CITY SOUTH, CENTRAL CITY WEST, CENTRAL
CITY EAST, MT. VERNON CORRIDOR, SOUTHEAST, UPTOWN AND
SOUTH VALLE REDEVELOPMENT PROJECT AREAS)
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WHEREAS, the City of San Bernardino Parks, Recreation and Community Services
Department ("Parks") has requested funding in the amount of $250,000 for the administration and
implementation of a Community Beautification Services ("CBS") Program; and
WHEREAS, the Community Development Commission of the City of San Bernardino
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("Commission") has set aside Redevelopment Agency of the City of San Bernardino ("Agency")
funding for the program through the budget process for Fiscal Year 2008-2009 in the amount of
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$250,000; and
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WHEREAS, the CBS Program will be staffed by a three (3) person team cross-trained in
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landscaping, tree trimming, graffiti abatement and general construction who will be hired as Agency
employees for a one-year-demonstration project as contract employees; and
WHEREAS, services under the CBS Program will be provided 10 the following
Redevelopment Project Areas: Central City Meadowbrook, Central City North, Central City South,
Central City West, Central City East, Mt. Vernon Corridor, Southeast Industrial, Uptown and South
Valle.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
FOLLOWS:
Section 1.
The Commission hereby approves the MOU in the form as attached hereto
and hereby authorizes the Interim Executive Director of the Agency to execute the MOU on behalf
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of the Agency together with such technical and conforming changes as may be recommended by the
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1 Interim Executive Director of the Agency and approved by the Agency Counsel.
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Section 2.
This Resolution shall take effect from and after its date of adoption by this
3 Commission.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE AGENCY AND THE CITY OF SAN BERNARDINO
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
("PARKS") (CENTRAL CITY MEADOWBROOK, CENTRAL CITY
NORTH, CENTRAL CITY SOUTH, CENTRAL CITY WEST, CENTRAL
CITY EAST, MT. VERNON CORRIDOR, SOUTHEAST, UPTOWN AND
SOUTH VALLE REDEVELOPMENT PROJECT AREAS)
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
9
Development Commission of the City of San Bernardino at a
meeting
10 thereof, held on the day of
11 Commission Members: Aves
12 ESTRADA
13 BAXTER
14 BRINKER
15 DERRY
16 KELLEY
17 JOHNSON
18 MC CAMMACK
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20
, 2008, by the following vote to wit:
Abstain
Absent
Navs
Secretary
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The foregoing Resolution is hereby approved this
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day of
,2008.
Patrick 1. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
26 Approved as to Form:
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28 By: ,~
A;~c'ito~el-
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MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
THE CITY OF SAN BERNARDINO
PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT
AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
(COMMUNITY BEAUTIFICATION SERVICES PROGRAM)
Dated as of October 20, 2008
1
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (this "Agreement") is dated as of October 20,
2008 (the "Effec!'ve Date"), and is entered into by and between the City of San Bernardino Parks,
Recreation and Community Services Department ("Parks'~) and the Redevelopment Agency ofthe
City of San Bernardino, a public body, corporate and politic, being a community redevelopment
agency existing pursuant to the Health & Safety Code of the State of California (the "Agency"), and
this Agreement is entered into with respect to the following facts set forth in the Recitals:
RECITALS
WHEREAS, Parks has requested funding in the amount of $250,000 for the
administration and implementation of a Community Beautification Services Program ("CBS
Program") as the primary purpose of this Agreement and as the CBS Program shall be initiated by
the Agency; and
WHEREAS, the Community Development Commission of the City of San
Bernardino ("Commission") has set aside Agency funding for the program through the budget
process for the Fiscal Year 2008-2009 in the amount of $250,000 for staffing for undertaking the
projects and at the locations as set forth on Exhibit "A" to this Agreement; and
WHEREAS, the CBS Program will be staffed by a three (3) person team cross-trained
in landscaping, tree trimming, graffiti abatement and general construction who will be hired as
Agency contract employees for a not to exceed term of one-year in furtherance of the demonstration
project for the CBS Program subject to further evaluation of the merits and accomplishments of the
CBS Program for possible continuation during the next subsequent Fiscal Year; and
WHEREAS, services under the CBS Program will be provided in the following
Redevelopment Project Areas of the Agency: Central City Meadowbrook, Central City North,
Central City South, Central City West, Central City East, Mt. Vernon Corridor, Southeast Industrial,
Uptown and South Valle.
NOW, THEREFORE, THE CITY OF SAN BERNARDINO PARKS, RECRATION
AND COMMUNITY SERVICES DEPARTMENT AND THE REDVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO DO HEREBY MUTUALLY AGREE AS FOLLOWS:
Section 1. Recitals. The parties acknowledge and agree that the recitals as set forth
above are accurate and correct in all respects.
Section 2. Accomplishment of Public Purposes. The parties acknowledge and agree
that this Agreement provides Parks with the resources necessary to administer and implement the
CBS Program. The funding provided for this CBS Program will be utilized to purchase a work van
and trailer to be owned by the Agency, as well as, undertake tree trimming, and graffiti abatement
and purchase landscaping equipment and supplies. The CBS Program will be staffed by a three (3)
person team cross-trained in landscape issues, tree trirruning, graffiti abatement and general
construction who will be hired and managed in the manner as provided in this Agreement. Parks
2
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shall accomplish the beautification and other repairs as necessary to those projects and at the
locations as identified on Exhibit "A" as attached hereto and incorporated herein by reference. The
Director of Parks and the Interim Executive Director of the Agency are hereby authorized to
mutually agree on changes, modifications and deletions to the projects and at the locations identified
on said Exhibit "A" for which Parks shall provide the services pursuant to this Agreement. All such
changes, modifications and deletions shall be in writing, shall be executed by the Director of Parks
and the Interim Executive Director of the Agency and shall become a part of this Agreement until
further changed, modified or deleted by subsequent actions as authorized herein.
Section 3.
Duties and Responsibilities of Parks.
(a) Parks will administer and implement the CBS Program focusing on providing a rapid
response to blight abatement and other tree and landscape replacement issues in and around the
downtown area and at the City's major transportation and commercial corridors which are primarily
located in redevelopment project areas. In addition, the CBS Program crew will provide basic
property care-taker services for various Agency owned properties throughout the downtown area as
may be directed by Parks upon the written request ofthe Agency to Parks.
(b) Parks recognizes the benefit of administering and implementing the CBS program in the
following Redevelopment Project Areas of the Agency: Central City Meadowbrook, Central City
North, Central City South, Central City West, Central City East, Mt. Vernon Corridor, Southeast
Industrial, Uptown and South Valle.
(c) Parks shall be responsible for all daily management and supervision of the three (3)
employees to be hired by the Agency for the CBS Program. In the event there should arise any need
for personnel actions or other disciplinary actions to be taken with respect to any of the three (3)
CBS Program employees, Parks shall recommend such appropriate actions or remedies as may be
deemed appropriate by Parks under the circumstances and the responsibility for implementation and
enforcement of all personnel policies of the Agency as applicable to such contract employees shall be
solely the duty and responsibility of the Agency and not the duty or responsibility of Parks.
(d) All purchase orders and invoices for the acquisition of supplies and materials in
furtherance of the CBS Program shall be processed in the manner required by the adopted Policies
and Procedures of the Agency, and the Agency, after review and approval of all such submitted
purchase orders and invoices by Agency Staff, shall issue the checks to the required suppliers and
vendors as recommended by Parks. Parks shall adhere to all such adopted Policies and Procedures as
may be in effect from time to time regarding the purchaser of materials and supplies for Agency
purposes. The Director of Parks shall be required to approve and execute all requests for payment as
may be submitted by Parks to the Agency for payment.
Section 4.
Duties and Responsibilities of the Al!encv.
(a) In addition to any other powers which the Agency may have, the Agency may exercise
all of the powers, rights and authorities of the Agency as set forth in the Redevelopment Plan and the
California Community Redevelopment Law, sometimes referred to as the CRL as defined and further
referenced in the recitals, with respect to the lands and property situated within the above referenced
Redevelopment Project Areas in furtherance of the purposes of this Agreement.
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(b) Unless otherwise agreed by the parties, Parks and the Agency recognize the Agency's
responsibility for the payment of all costs and expenses as may be associated with the
implementation of the CBS Program as may hereafter be authorized to be undertaken by the Parks
and the Agency as may be anticipated by this Agreement as deemed necessary or desirable by the
Agency.
(c) The Agency shall hire the three (3) employees required for the CBS Program as
contract employees for a period oftime not to extend beyond June 30, 2009, subject to further budget
authorizations from the governing body of the Agency. The salaries and other costs of all such
contract employees shall be the sole financial responsibility of the Agency.
Section 5. Notices. Formal notices, demands and communications among Parks and the
Agency shall be deemed sufficiently given if (i) dispatched registered or certified mail via United
State Postal Service, postage prepaid, return receipt requested, as designated in this Section 5, (ii) by
personal delivery, (iii) express delivery service with written verification of delivery, or (iv) by
electronic transmittal including fax transmissions with telephonic verification of receipt. Such
written notices, demands and communications may be sent in the same manner to such other
addresses as any party may, from time to time, designate by written notice to the other parties.
Copies of all notices, demands and communications shall be sent as follows:
Parks:
City of San Bernardino
Parks, Recreation and Community Services Department
201 North "E" Street, Suite 103
San Bernardino, California 92401
Attention: Director
Phone: (909) 384-5030
Fax: (909) 384-5160
Agency:
Redevelopment Agency of the City of San Bernardino
20 I North "E" Street, Suite 30 I
San Bernardino, California 9240 I
Attention: Interim Executive Director
Phone: (909) 663-1044
Fax: (909) 663-2294
Notices which are dispatched by registered or certified mail through the United States Postal
Service shall be deemed to be given three (3) business days after deposit with the United States
Postal Service, and notices which are given by personal delivery shall be deemed to be given upon
such personal delivery. Notices dispatched by express delivery service shall be deemed to have been
given upon receipt by the party receiving such notice and execution of the delivery receipt, and
notices dispatched through electronic transmittals shall be deemed to have been given upon
telephonic verification of receipt.
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Section 6. Indemnification and Hold Harmless. Parks and the Agency hereby agree to
indemnifY, defend and hold harmless each of the other parties to this Agreement and each of their
officers, officials and employees from any and all loss, liability, claim, cost, expense or judgment,
including attorney's fees, that may result from the implementation ofthis Agreement by each of the
respective parties for their actions and those actions or inactions as may be the direct or indirect
results occasioned by each of the parties. In the event there is any legal challenge filed against one or
more of the parties to this Agreement based upon the approval and execution ofthis Agreement by
such party, the party named in such action, and each such additional party to this Agreement if
named in a lawsuit, shall pay their own costs to defend such legal challenge as to their approval and
execution of this Agreement.
Section 7. Term of Al!:reement. The Effective Date of this Agreement shall commence
as of the date set forth in the introductory paragraph hereof which shall be the date of the final
execution and delivery of this Agreement by both parties. This Agreement shall continue in full
force and effect for eight (8) months from and after the Effective Date (the "Term") unless the Term
shall have been amended to either shorten or extend the Term by the then current parties hereto. The
Term of this Agreement shall automatically terminate upon such date when either party hereto
terminates participation in this Agreement pursuant to Section 8 hereof.
Section 8. Termination ofParticioation bv a Party. Either party to this Agreement may
terminate their participation in this Agreement and their respective duties and obligations effective
upon the delivery of notice to the other parties. Such notice shall specifY an effective date for such
termination of participation in this Agreement which date shall be not less than thirty (30) calendar
days following the receipt of written notice by the other party or parties to this Agreement, as
provided in Section 5 above. No such voluntary termination by a party shall relieve such party of the
obligations incurred pursuant to Section 6 for indemnification, defense and hold harmless oblations
to the other parties for actions or events which arose prior to the effective date of any termination by
a party.
Section 9. Entire Al!:reement of the Parties. This Agreement represents the entire
agreement by and among Parks and the Agency with respect to the CBS Program as set forth herein.
Section 10. Governinl!: Law; Invalidity of Anv Provision of Al!:reement. This
Agreement shall be governed by the laws of the State of California. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable as
among the parties, the remaining provisions will continue in full force and effect.
Section 11. Amendments. This Agreement may only be amended, changed, modified or
altered by a writing signed by each ofthe parties and approved by the respective governing boards
thereof in the manner as required by applicable law.
Section 12. Aooroval and Effective Date of Al!:reement. This Agreement has been duly
approved and authorized for execution and delivery by the Community Development Commission on
behalf of the Agency, and this Agreement has been duly executed and delivered by the parties hereto.
This Agreement may be executed in counterparts and when fully executed by the parties, it shall be
effective for all purposes as ofthe date set forth in the introductory paragraph as defined and set forth
therein as the Effective Date.
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Date:
Approved as to Form and Legal Content:
By: \/~~
Agency Cou I
Date:
AGENCY
Redevelopment Agency of the
City of San Bernardino
L
By:
Emil A. Marzullo, Interim Exe
irector
PARKS
City of San Bernardino
Parks, Recreation and Community Services Department
By:
Kevin Hawkins, Director
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6
EXHIBIT "A"
List of Projects and Locations
to be maintained by Parks
(Subject to modification by Parks and the Agency)
1. 478-480 North "0" Street (APNs: 0134-141-28 and 29)
Lots south of the Strip Center at 5th and "0" Streets - requires mowing and edging.
2. 512 West 5th Street (APN: 0134-062-12)
Parking lot at the northwest comer of 5th and "E" Streets - requires mowing and edging, trimming
bushes and sweeping parking lot routinely
3. 1222 West 5th Street (APN: 0138-122-33)
Parking lot in front of the Strip Center on 5th Street between Mt. Vernon and Gamer - requires
mowing and edging, trimming trees and bushes as needed, and sweeping parking lot routinely.
4. East Cooley Lane (APNs: 0281-041-41 and 0281-031-51)
Parking lots on the north side of Cooley Lane, west of Tippecanoe - requires mowing and edging,
trimming trees and bushes as needed, and sweeping parking lot routinely.
5. 450 North "E" Street, CinemaStar Theater (APNs: 0134-121-24; 0134-131-25, 26, 27 and 28)
Northwest comer of 4th and "E" Streets - requires mowing and edging, trimming trees and bushes
and cleaning planters as needed.
6. 5th and "F" Streets (APNs: 0134-121-25 and 0134-131-29)
Parking lots behind the CinemaStar Theater and the California Theatre of the Performing Arts -
requires trimming trees and bushes, cleaning planters and sweeping parking lots as needed.
7. 1350 South "E" Street (APNs: 0141-252-04 and 06)
Former Municipal Water District Offices - requires mowing and edging, trimming trees and
bushes and blowing parking lots occasionally.
7
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