CITY OF
City Council
Successor Agency
Housing Authority
Meeting Agenda
June 26, 2023
5:30 PM — Closed Session
6:00 PM — Open Session
City Council Chambers - Yucaipa City Hall
34272 Yucaipa Blvd.. Yucaipa, California
The City Council serves as the Board for the Yucaipa Successor Agency and Commission for the Yucaipa Housing Authority.
THE CITY OF YUCAIPA COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING (PURSUANT TO 28 CFR 35.102.35.104 ADA TITLE II), PLEASE CALL THE CITY CLERK'S DEPARTMENT AT (909) 797-2489 AT LEAST 48-HOURS PRIOR TO THE MEETING.
CEQA STATEMENT: UNLESS STATED OTHERWISE ON THE AGENDA, EVERY ITEM ON THE AGENDA IS EXEMPT FROM CEQA GUIDELINES SECTIONS 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 AND/OR PUBLIC RESOURCE CODE SECTION 21065.
PURSUANT TO GOVERNMENT CODE SECTION 54957.5, ANY DISCLOSABLE PUBLIC
RECORDS RELATED TO AN OPEN SESSION ITEM ON A REGULAR MEETING AGENDA
AND DISTRIBUTED BY THE CITY OF YUCAIPA TO ALL OR A MAJORITY OF THE CITY COUNCIL, LESS THAN 72 HOURS PRIOR TO THAT MEETING, ARE AVAILABLE FOR PUBLIC INSPECTION AT YUCAIPA CITY HALL, 34272 YUCAIPA BOULEVARD, YUCAIPA, CA 92399, DURING NORMAL BUSINESS HOURS.
MEMBERS OF THE CITY COUNCIL ALSO SIT AS THE BOARD FOR THE SUCCESSOR AGENCY AND COMMISION FOR THE HOUSING AUTHORITY. THIS IS THE TIME AND
PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY. PLEASE COMPLETE A SPEAKER'S FORM AND RETURN IT TO THE CITY CLERK PRIOR TO THE BEGINNING OF THE MEETING.
THERE IS A THREE -MINUTE TIME LIMIT FOR SPEAKING.
PUBLIC COMMENT VIA MAIL OR EMAIL must be submitted no later than three (3) business hours prior to the meeting at which the commenter seeks to provide comment. Public comment may be submitted via U.S. Mail to the City Clerk at 34272 Yucaipa Blvd., Yucaipa, CA 92399 or via email to [email protected]. All mail and email correspondence will be archived, distributed to City Council, and retained as part of the public record; however, submissions will not be read out loud during the meeting.
The subject line should specify "Public Comment" and include the date of the meeting.
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WRITTEN PUBLIC COMMENT SUBMITTED ON NON -AGENDA ITEMS AND ON SPECIFIC AGENDA ITEMS will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City's website at https://yucaipa.org/agendas-minutes/ . Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
LIVE STREAM/RECORDING OF CITY COUNCIL MEETINGS:
Members of the public may watch city council meetings live at: https://yucaipa.or /lg ive.
CLOSED SESSION — 5:30 PM
A. CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION - Significant exposure to litigation Government Code Section 54956.9: Claim GHCO055013 — Claims of Jeremy Smith, Melissa Smith, Madison Sherman, Victoria Sherman, Alexandra Sherman, Travis Sherman, and Kyle Sherman
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
SPECIAL PRESENTATION
Parks & Recreation Month
PUBLIC COMMENT
CONSENT AGENDA
The following Consent Agenda items are expected to be routine and non -controversial.
Council will act upon them, at one time, without discussion. Any Councilmember or staff member may request removal of an item from the Consent Agenda for discussion.
The title is deemed to be read and further reading waived on any ordinance listed on the Consent Agenda for second reading and adoption.
Members of the City Council also sit as the Board for the Successor Agency and Commission for the Housing Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
P. 11 1. SUBJECT: APPROVE CITY COUNCIL MINUTES OF JUKE 12, 2023 RECOMMENDATION: That the City Council approve City Council Minutes of June 12, 2023.
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2 P. 22 2. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE 2022 SEPTEMBER STORM EVENT
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of the 2022 September Storm Event to the next Regular City Council Meeting on July 24, 2023.
P. 24 3. SUBJECT: MONTHLY TREASURER'S REPORT: MAY 2023
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for May 2023.
P. 38 4. SUBJECT: FUNDING AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES FOR THE UPPER WILDWOOD BASIN WATER MANAGEMENT PROJECT - RESOLUTION NO. 2023-34
RECOMMENDATION: That the City Council:
1. Adopt Resolution No. 2023-34 authorizing the Mayor to execute a Funding Agreement with the State of California Department of Water Resources for the Upper Wildwood Basin Water Management Project from the 2022 State of California Budget Act; and
2. Authorize the City Manager or his designee to administer the terms of the Funding Agreement; and
3. Approve Amendment No. 1 to the agreement with Dudek & Associates, Inc. (Dudek) to provide on -call Professional Services to support the regulatory agency environmental permit approval process in the not -to -exceed amount of $66,020; and
4. Authorize the City Manager or his designee to execute and administer the terms of the Funding Agreement.
P. 71 5. SUBJECT: AWARD OF CONTRACT - COMMUNITY CENTER FLOORING IMPROVEMENTS - PROJECT NO. 11192
RECOMMENDATION: That the City Council:
1. Award and authorize the Mayor to execute a contract, and the City Manager or his designee to administer the terms of the contract in the amount of $39,906 with New Image Interior Flooring of Yucaipa, CA for the Community Center Flooring Improvements — Project No. 11192 (Project); and
2. Approve the amount of $3,000 for contract contingency and the amount of $2,000 for contract administration, inspection, and staff time for a total estimated project cost in the amount of $44,906; and
3. Approve the specifications prepared for this project.
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3 P. 77 6. SUBJECT: CONTRACT AMENDMENT — ON -CALL CONSTRUCTION
MANAGEMENT SERVICES, INSPECTION, AND PROJECT ENGINEERING
SERVICES FOR VARIOUS PUBLIC WORKS PROJECTS
RECOMMENDATION: That the City Council award and authorize the Mayor to execute a contract amendment and the City Manager or his designee to administer the terms of the contract with B&R Consulting Engineers, Inc. in the not -to -exceed amount of $180,000 for providing on -call Construction Management Services, Inspection, and Project Engineering Services for Various Public Works Projects.
P. 81 7. SUBJECT: FOURTH EXTENSION AND AMENDMENT TO THE CONTRACT WITH ANIMAL PEST MANAGEMENT, INC. FOR THE GOPHER AND RODENT
CONTROL PROGRAM
RECOMMENDATION: That the City Council award and authorize the Mayor to execute the Fourth Extension and Amendment to the contract between Animal Pest Management, Inc. and the City of Yucaipa and authorize the City Manager or his designee to administer the terms of the contract with Animal Pest Management Services, Inc. in the not -to -exceed amount of $58,276 for the Gopher and Rodent Control Program — Project No. 11104 for FY24.
P.86 8. SUBJECT: FOURTH EXTENSION AND AMENDMENT TO THE CONTRACT WITH EXCEL LANDSCAPE, INC. FOR MONTHLY LANDSCAPE MAINTENANCE
SERVICES FOR THE CITY'S LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT PROGRAM AND THE FIRST EXTENSION AND AMENDMENT TO THE CONTRACT WITH EXCEL LANDSCAPE, INC. FOR THE PARKS, MEDIANS, AND
DETENTION BASIN MAINTENANCE PROGRAM
RECOMMENDATION: That the City Council:
1. Award and authorize the Mayor to execute and authorize the City Manager or his designee to administer the terms of the Fourth Extension and Amendment to the Contract for FY24 with Excel Landscape, Inc. in the not -to -exceed amount of $330,000 for monthly landscape maintenance and repair services for the City's Landscape and Lighting Maintenance District Program; and
2. Award and authorize the Mayor to execute and authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to the Contract for the FY24 with Excel Landscape, Inc. in the not -to -exceed amount of $419,593 for monthly landscape maintenance and repair services for the City's Parks, Medians, and Detention Basin Maintenance Program.
P. 94 9. SUBJECT: THIRD EXTENSION AND AMENDMENT TO THE CONTRACT WITH
ECONOLITE SYSTEMS FOR TRAFFIC SIGNAL MAINTENANCE AND REPAIR
SERVICES
RECOMMENDATION: That the City Council award and authorize the Mayor to execute and authorize the City Manager or his designee to administer the terms of the Third Extension and Amendment to the Contract for FY24 with Econolite Systems in the amount of $98,000 for traffic signal maintenance and repair services.
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P. 99 10. SUBJECT: FIRST EXTENSION AND AMENDMENT TO THE CONTRACT WITH ALLISON MECHANICAL, INC. FOR HVAC OPERATIONS AND MAINTENANCE
SERVICES AT VARIOUS CITY -OWNED PUBLIC FACILITIES IN THE CITY OF
YUCAIPA
RECOMMENDATION: That the City Council award and authorize the Mayor to execute and authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to the Contract for FY24 with Allison Mechanical, Inc. in the not -to -exceed amount of $70,531 for HVAC Operations and Maintenance Services at Various City -Owned Public Facilities in the City of Yucaipa.
P.104 11. SUBJECT: TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 GRANT
FUNDING REIMBURSEMENTS
RECOMMENDATION: That the City Council adopt Resolution No. 2023-21 authorizing staff to file reimbursement claim forms for Transportation Development Act Article 3 grant funds in the amount of $50,502 for the Bus Stop Landing & Sidewalk Improvements — Route 310 Project.
P.109 12. SUBJECT: AWARD OF CONTRACT - JANITORIAL SERVICES FOR CITY FACILITIES - PROJECT NO. 11172-3
RECOMMENDATION: That the City Council award and authorize the Mayor to execute and authorize the City Manager or his designee to administer the terms of a contract for FY24 in the amount of $154,009 with Merchants Building Maintenance, LLC of Pomona, California for the Janitorial Services for City Facilities - Project No. 11172-3.
P. 115 13. SUBJECT: SPECIAL TAX FOR YUCAIPA PARAMEDIC PROGRAM RECOMMENDATION: That the City Council adopt Resolution No. 2023-33, fixing the Special Tax for Fiscal Year 2023-2024 for the Yucaipa Paramedic Program at the following rates:
Residential Dwelling Unit $52
Small Commercial Unit $78
Large Commercial Unit (> 10,000 sq. ft.) $156
Residential Care Facility $78 plus $3 per bed over 26
P. 121 14. SUBJECT: PROPERTY AND BUSINESS IMPROVEMENT DISTRICT #2 RECOMMENDATION: That the City Council receive and file the following financial reports as prepared by the Property Owner's Association Board of Directors of the Yucaipa Village Square Management Property and Business Improvement District #2:
1. Fiscal Year 2023 Financial Statement
2. Fiscal Year 2024 Annual Budget
3. Fiscal Year 2024 Annual Fiscal Report (Assessments) and Assessment Listing City Council Agenda
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5 P. 134 15. SUBJECT: FISCAL YEAR 2022/2023 ACCOUNTABILITY REPORTS RECOMMENDATION: That the City Council receive the Community Activity Grant Accountability Reports and deem the program requirements complete for Redlands Bicycle Classic — 2023 Yucaipa Road Race, Yucaipa Elks Lodge #2389 — 2022 Hoop Shoot and Soccer Shoot, and Yucaipa Valley Lions Club — Monthly Club Meetings.
P. 147 16. SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
JONES MAYER LAW FOR HEARING OFFICER SERVICES
RECOMMENDATION: That City Council authorize the City Manager to execute a two- year Professional Services Agreement with Jones Mayer Law to provide Hearing Officer Services under the City's Mobilehome Rent Stabilization Ordinance and Administrative Rules.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTSI
P. 171 17. SUBJECT: REVIEW AND CONSIDER FISCAL YEAR 2023/2024 COMMUNITY
ACTIVITY GRANT APPLICATIONS
RECOMMENDATION: That the City Council:
1. Review and consider the Fiscal Year 2023/2024 Community Activity Grant applications submitted by local non -profits requesting financial and/or in -kind support to continue on -going services, proposing new services and/or proposing small to large scale special events that meet the established guidelines; and
2. Determine that the Childhood Cancer Foundation of Southern California should be exempt from the Grant Guideline that requires the organization to be located in Yucaipa if their Community Activity Grant is awarded.
DEPARTMENT REPORTS
P. 406 18. SUBJECT: 2023 YUCAIPA MUSIC AND ARTS FESTIVAL WRAP-UP RECOMMENDATION: That City Council receive and file the 2023 Yucaipa Music and Arts Festival Wrap-up Report.
P. 411 19. SUBJECT: FIRE DEPARTMENT 2022 ANNUAL REPORT
RECOMMENDATION: That the City Council receive and file the Fire Department's Annual Report for 2022.
P. 454 20. SUBJECT: SUNSHINE ORDINANCE IMPLEMENTATION UPDATE RECOMMENDATION: That City Council receive and file this update regarding the implementation of the Sunshine Ordinance and associated efforts to enhance transparency.
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PUBLIC HEARINGS
The order of Business for the Public Hearing Shall Be:
A. Open Public Hearing
B. Staff Presentation
C. Applicant/Representative Presentation (if necessary) D. Public Comments
E. Applicant Rebuttal (if necessary)
F. Public Hearing Closed
G. Council Discussion
H. Council Motion and Vote
SPEAKERS ARE ENCOURAGED TO BE BRIEF AND REMAIN WITHIN THE ESTABLISHED TIMEFRAME OF THREE (3) MINUTES. ONCE THE PUBLIC HEARING HAS BEEN CLOSED, NO FURTHER TESTIMONY WILL BE TAKEN.
P. 462 21. SUBJECT: ADOPTION OF RESOLUTION NO. 2023-35, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, FORWARDING
AMOUNTS REMAINING UNPAID ON THE CERTIFIED SOLID WASTE LIEN LIST TO THE COUNTY OF SAN BERNARDINO FOR ADDITION TO THE 2023-2024
PROPERTY TAX ROLLS AS A SPECIAL ASSESSMENT
RECOMMENDATION: That the City Council conduct a Public Hearing and subsequently adopt Resolution No. 2023-35 forwarding amounts remaining unpaid on the Certified Solid Waste Lien List to the County of San Bernardino for addition to the 2023- 2024 Property Tax Rolls as a Special Assessment.
P. 472 22. SUBJECT: ORDERING CONFIRMATION OF ANNUAL ASSESSMENTS FOR THE
CITY OF YUCAIPA LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1
RECOMMENDATION: That the City Council:
1. Conduct a Public Hearing and subsequently adopt Resolution 2023-32, Ordering Confirmation of Assessment for City of Yucaipa Landscaping and Lighting Maintenance District No. 1; and
2. Approve the application of 4.6% rate adjustments to LLMD Zones A and F through R and 5% rate adjustments to LLMD Zones B and S through DDD; and
3. Approve the credit of funds as an offset against the 2023-2024 assessments for Zones A95, B95, F97, J98, K98, M98, P99, T01, V01, W01, X01, Y, BB, HH, II, NN, 00, PP, RR, WW, YY, BBB, CCC, and DDD in the total amount of $177,766.67.
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P. 506 23. SUBJECT: CITY OF YUCAIPA (CASE NO. 23-078/DCA); CONSIDERATION OF ORDINANCE NO. 426, AMENDING DIVISION 4 OF THE YUCAIPA
DEVELOPMENT CODE TO UPDATE REGULATIONS PERTAINING TO
ACCESSORY DWELLING UNITS TO ENSURE COMPLIANCE WITH STATE LAW (INCLUDING AB 2221, AB 345, AND SB 897) AND THE CITY'S UPDATED HOUSING ELEMENT. AMONG OTHER THINGS, THE PROPOSED ORDINANCE
WILL UPDATE THE PERMITTING REQUIREMENTS, DEVELOPMENT
STANDARDS, AND HEIGHT RESTRICTIONS FOR ACCESSORY DWELLING
UNITS WITH FURTHER CLARIFICATION OF PREVIOUS REQUIREMENTS RECOMMENDATION: That the City Council conduct a public hearing, and consider the Planning Commission's recommendation to:
1. Approve first reading, by title only, as read by staff, of Ordinance No. 426 amending Division 4 of the Yucaipa Development Code to update regulations pertaining to accessory dwelling units to ensure compliance with state law (including AB 2221, AB 345, and SB 897) and the City's Housing Element; and
2. Find that the Ordinance is exempt from Environmental Review pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15303(e).
P. 532 24. SUBJECT: CITY OF YUCAIPA (CASE NO. 21-113/DCA): CONSIDERATION OF A DEVELOPMENT CODE AMENDMENT (ORDINANCE NO. 401), AMENDING DIVISION 7, CHAPTER 7 OF THE DEVELOPMENT CODE TO REPLACE
REGULATIONS REQUIRING THE BIENNIAL RENEWAL OF COMMERCIAL
SIGNAGE WITH A ONE-TIME SIGN REGISTRATION WITH ADDITIONAL
PROVISIONS TO REMOVE THE REQUIREMENT FOR A SEPARATE
ENTITLEMENT TO BE PROCESSED FOR FREESTANDING SIGNS WHICH ARE
REVIEWED CONCURRENTLY WITH AN APPLICATION THAT INCLUDES
ARCHITECTURAL REVIEW
RECOMMENDATION: That the City Council conduct a public hearing, and consider the Planning Commission's recommendation to:
1. Approve first reading, by title only, as read by staff, of Ordinance No. 401, amending Development Code Section 87.0705 of Chapter 7 of Division 7 of the Development Code to replace regulations requiring the biennial renewal of commercial signs with a one-time sign registration without the need for a Sign Registration Decal and further remove the requirement for a separate entitlement for a freestanding sign that is reviewed concurrently with another project subject to architectural review; and
2. Find that the Ordinance is exempt from Environmental Review pursuant to Public Resources Code Section 15061(b)(3), Section 15303 (Consists of Small Structures) and Section 15311(a) (Accessory Structures).
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P. 552 25. SUBJECT: CITY OF YUCAIPA (CASE NO. 23-022/GPA): A MINOR GENERAL
PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION OF AN APPROXIMATELY 1.5-ACRE PORTION OF A PROPERTY FROM THE CITY'S
INSTITUTIONAL (IN) LAND USE DISTRICT TO THE CITY'S GENERAL COMMERCIAL (CG) LAND USE DISTRICT. THE SITE IS CURRENTLY
IMPROVED WITH THE CITY'S BUSINESS INCUBATOR OFFICE BUILDING, LOCATED AT 34282 YUCAIPA BOULEVARD; PORTIONS OF ASSESSOR PARCEL NUMBER (APN): 0303-131-05 & 0303-131-63
RECOMMENDATION: That the City Council conduct a Public Hearing, and consider the Planning Commission's recommendation to:
1. Adopt Resolution No. 2023-19, approving the minor General Plan Amendment / Land Use District Change to change the Land Use Designation of approximately 1.5 acres (the existing Incubator Center) to have a designation as General Commercial (CG); and
2. Approve first reading, by the title only, as read by staff, of Ordinance No. 428, amending Ordinance No. 343, amending the Official Land Use Plan and Zoning Ordinance as adopted by the City of Yucaipa; and
3. Adopt the Findings as contained in this Agenda Report; and
4. Find that the Project is exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations (the "CEQA Guidelines"); and
5. Direct staff to file a Notice of Exemption.
P.576 26. SUBJECT: HAL HAYS CONSTRUCTION (CASE NO. 21-013/GPA/CUP/VAR): A
MINOR GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE
DESIGNATION OF A "LANDLOCKED" PARCEL FROM THE CITY'S RM-10M (MULTIPLE RESIDENTIAL) LAND USE DISTRICT TO CS (SERVICE COMMERCIAL), TWO (2) VARIANCE REQUESTS FOR THE REDUCTION OF THE
REAR YARD SETBACK AND REDUCTION IN MINIMAL REQUIRED
LANDSCAPING AND A CONDITIONAL USE PERMIT TO PERMIT A PHASED EXPANSION OF A 5.19-ACRE CONSTRUCTION STORAGE AND MECHANIZED
EQUIPMENT REPAIR YARD, WHICH WILL INCLUDE ADDITIONAL COVERED
STORAGE AREAS, AN EQUIPMENT AND TRUCK REPAIR BUILDING, AND A FUTURE OFFICE/ANTIQUE TRUCK MUSEUM LOCATED AT 32384 DUNLAP BLVD (APN: 0301-164-63), 32370 DUNLAP BLVD (APN: 0301-164-65), 32360 DUNLAP BLVD (APN: 0301-164-72), 32342 DUNLAP BLVD (APN: 0301-164-57) AND 32354 DUNLAP BLVD (APN: 0301-164-36)
RECOMMENDATION: That the City Council conduct a Public Hearing, and consider the Planning Commission's recommendation to:
1. Approve the General Plan Amendment, Conditional Use Permit (Case No. 21- 013/GPA), and two Variance requests subject to the Conditions of Approval as contained in this Agenda Report; and
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2. Adopt Resolution No. 2023-18, approving a Minor General Plan Amendment of a landlocked parcel from RM-10M (Multiple Residential) Land Use District to CS (Service Commercial) designation; and
3. Approve first reading, by the title only, as read by staff, of Ordinance No. 427, amending Ordinance No. 343, amending the Official Land Use Plan and Zoning Ordinance as adopted by the City of Yucaipa; and
4. Adopt the General Plan Amendment Findings as contained in this Agenda Report; and
5. Adopt the Conditional Use Permit Findings as contained in this Agenda Report; and
6. Adopt the Variance Findings as contained in this Agenda Report; and
7. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, finding the mitigation measures and standard measures and procedures will reduce the potential level of environmental impact to less than significant; and
8. Direct staff to file a Notice of Determination.
ANNOUNCEMENTS
ADJOURNMENT
AFFIDAVIT OF POSTING
State of California }
County of San Bernardino } ss.
City of Yucaipa }
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 06/22/2023, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, California City of Yucaipa website www.ygcaipa.org
Ana V. Sauseda, CMC
City Clerk
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