60814668 v2
EXHIBIT A
Insurance Requirements
Minimum Scope and Limits of Insurance
Watermill shall maintain limits no less than:
• $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01.General liability policies shall be endorsed using ISO forms CG 20 10 and CG 20 37 to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
• $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Watermill arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
• Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Watermill shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, it’s officers, agents, employees, and volunteers.
Maintenance of Coverage
Watermill shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Watermill, his agents, representatives, employees, subcontractors as specified in this Agreement.
Proof of Insurance
Watermill shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Docusign Envelope ID: 3E808AB1-8B0F-401F-B010-F25D83A41967 212
60814668 v2
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Watermill, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Watermill hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subcontractors.
Enforcement of Contract Provisions (non estoppel)
Watermill acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Watermill of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.
Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Watermill maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Watermill.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible.
Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Watermill shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Watermill’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance
Watermill shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
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EXHIBIT B
POLICY
WATERMILL EXPRESS TOKEN DISTRIBUTION TO HOUSEHOLDS
City of San Joaquin has entered into an Agreement with Watermill Express, LLC to allow the City to purchase tokens that will be provided to each household for the purpose of providing clean potable water at the Watermill Express located in the City. The City will purchase 60k tokens every two month at a price of $.50 per token over a 24-month period commencing June 4, 2025 ending June 3, 2027. The tokens will be delivered to City Hall by Watermill Express, LLC every other month on months identified in the Agreement (section 1.3 (a)). City staff will be responsible for disbursing to the community.
Eligibility and Quantities
• The City will utilize the utility accounts to create a spreadsheet to keep track of each household’s disbursement monthly.
• The City will have a separate spreadsheet for apartments and mobile homes because those units do not have their own utility account as each property owner has one or a few meters per property. The City will reach out to the property owner to request a list of tenants/units to be added to the eligibility spreadsheet. However, if the property owner fails to provide a list of units/tenants to the City, each resident will need to provide proof of residence by providing one of the following:
o Utility Bill such as PG&E or Telephone
o Lease or Rental Agreement
• Each household will receive 60 tokens per household on designated months; six times a year (averages 30 tokens per month).
• Tokens have no cash value.
• If a resident is caught selling tokens the benefit could be suspended for that specific household.
Distribution
• Prior to residents receiving their tokens a Waiver (use at own risk) must be signed by residents?
• Residents will pick up the tokens on the 1st on designated months. If the 1st falls on a weekend or holiday, distribution will be the following business day. Residents will have 30 days to pick up tokens. If they do not pick up, there will be no carryover. 214
STAFF REPORT TO COUNCIL
June 3, 2025
TO: Mayor and Council
FROM: Stan Bulla, Public Works Director
SUBJECT: Awarding the Project to Rehab Parts of the Leo Cantu Community Center Recommendation:
Council adopt Resolution No. 2025-30 Approving the Partial Rehab of the Leo Cantu Community Center and Awarding Contract to The Lopez Construction Family, LLC Executive Summary:
The Community Center was built in 1995 since that time no major work has been done to the facility other than the replacement of the six AC units for the main hall and a lighting upgrade to LED.
The proposed project would include the total rehab of both the Men’s and Women’s restroom and the replacement of the floor in the main gymnasium area. Specifically, the restrooms would have the flooring replaced along with all the sinks, toilets and other fixtures; the partition walls would be repainted and reinstalled; and the rest of the walls would be repainted.
The floor in the main hall would have the existing carpet removed and a new commercial grade composite floor installed; new lines would be painted for basketball, volleyball, and possibly other sports; new basketball hoops and backstops would be mounted on the wall, and removeable poles would be installed for placing the volleyball net.
Consistent with the City’s Informal Bid Process, City staff created specifications (attached to this report) outlining the desired work to be done, advertised it with the local Builder’s Exchange, and received six responses from interested bidders:
TLCF, LLC $80,000
Kaur Construction $113,700
Geometric Construction Inc. $136,528
Complete Construction $185,388
Rakkar Dev & Construction $230,903
Motongi LLC $313,785
Staff has verified the apparent low bidder and would like to move forward with the work. 215
Remodel project for Leo Cantu Community Center
Women’s restroom
Remove all fixtures i.e. toilets, sinks, par��on walls.
Remove approx. 200 sq � �le flooring from en�re room, also up to six inches from floor on all walls.
Repair concrete floor as needed.
Furnish and install approx. 200 sq. �. new commercial grade flooring and new compliant cove base.
Furnish and install 5 new toilets comparable to American standard #0124024 Furnish and install 2 new wall hung sinks comparable to American Standard #0124024 Furnish and install 2 new vanity metering faucets comparable to American Standard #1340225 Furnish and install new angle stop valves w/loose key. Also to include p trap protec�on.
Repair, paint and reinstall par��on walls.
Paint, patch and repair all visible defects.
Men’s restroom
Remove all fixtures i.e. toilets, sinks, par��on walls. Par��on walls are to be saved.
Remove approx. 200 sq � �le flooring from en�re room, also up to six inches from floor on all walls.
Repair concrete floor as needed.
Furnish and install approx. 200 sq. �. new commercial grade flooring and new compliant cove base.
Furnish and install 2 new toilets comparable to American standard #0124024 Furnish and install 4 new urinals comparable to American Standard #658100.020 Furnish and install 2 new wall hung sinks comparable to American Standard #0124024 Furnish and install 2 new vanity metering faucets comparable to American Standard #1340225 Furnish and install new angle stop valves w/loose key. Also to include p trap protec�on.
Repair, paint and Reinstall par��on walls.
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Paint, patch and repair all visible defects.
Main Gym Area
Remove exis�ng carpet flooring repair concrete floor as needed. Approx. 4775 sq �.
Furnish and install approx. 4775 sq � new mul�-purpose flooring. Commercial Grade 20 -22 mil wear layer.
Flooring must be commercial grade, stand up to heavy traffic, and have the look of wood.
The flooring once installed will be properly marked for basketball and volleyball.
Add separate line item for the purchase and install of two wall mounted basketball backstop and hoop set. To be mounted at ether end of the court.
Add separate line item for the purchase and install of two poles to be used for volleyball. Poles must be removeable and the bases able to be covered without causing a tripping hazard.
Bidder most show separate line-item cost for all items.
All construc�on to meet CA2022 building code standards.
This is a prevailing wage job.
For more informa�on Contact the City of San Joaquin Building department 559-364-6017 ask for Stan Bulla.
All bids need to be submited by 2:pm May 26th 2025. They can be either submited in person at 21900 Colorado Ave San Joaquin Ca, 93660 or via email to [email protected] the header page will supply proof of �me and day.
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RESOLUTION NO. 2025-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN
APPROVING THE PARTIAL REHAB OF THE LEO CANTU COMMUNITY CENTER
AND AWARDING CONTRACT TO THE LOPEZ CONSTRUCTION FAMILY, LLC WHEREAS, the City Council of the City of San Joaquin has the authority to authorize expenditures necessary to ensure the health and safety of the community; and WHEREAS, the City Council set aside funds for the construction rehab and repair of the Community center in the City as part of the Fiscal Year 2024-2025 Annual Budget; and WHEREAS, ensuring the proper upkeep of the community center enhances the safety of the same as well as protects the public’s property through consistent maintenance; and WHEREAS, City staff prepared specifications for the needed construction rehab and repairs and solicited quotes for the service consistent with the City of San Joaquin Procurement Policy as set forth in San Joaquin Municipal Code Sections 35.06; and WHEREAS, staff received responsive quotes, with the lowest qualified quote in the amount of $80,000. being provided by The Lopez Construction Family, LLC (TLCF) C.C.C lic#1097035.
NOW THEREFORE, the City Council of the City of San Joaquin resolves as follows:
1. The foregoing recitals are true and correct and incorporated by reference.
2. The City Council awards the contract to TLCF to do the construction rehab and repair of the LCCC.
3. The City Council authorizes the City Manager or Designee to proceed with the work and execute the Agreement attached herein as Exhibit A, and all other documents necessary from commencement to finalization of said work.
4. This resolution is effective upon adoption.
The foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin the 3rd day of June, 2025 and passed at said meeting with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(certifications on following page)
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Adam-Flores-Cornejo, Mayor
ATTEST:
_______________________________
Matt Flood, City Clerk
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CONTRACT BETWEEN CITY OF SAN JOAQUIN AND
THE LOPEZ CONSTRUCTION FAMILY LLC
This public works contract (“Contract”) is entered into by and between the City of San Joaquin (“City”) and The Lopez Construction Family LLC (“Contractor”), for work on the Remodel Project for Leo Cantu Community Center (“Project”).
The parties agree as follows:
1. Award of Contract. In response to the Informal Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On June 3, 2025, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.
2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.
2.1 Notice Inviting Bids;
2.2 Bid Proposal and attachments thereto;
2.3 Contract;
2.4 Project Plans and Specifications;
2.5 Notice to Proceed
3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.
4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $80,000.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.
5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 90 calendar days from the start date set forth in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.
6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated 220
damages in the amount of $200.00 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
7. Labor Code Compliance.
7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.
7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.
7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.
8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.
11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S.
Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:
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City:
Elizabeth Cabrera
21900 Colorado Avenue
San Joaquin, CA 93660
Elizabeth Cabrera <[email protected]>
559.693.4311 ext. 2180
Contractor:
The Lopez Construction Family LLC
2341 W. Olive Avenue
Fresno, CA 93728_
Phone: (559) 960 8370
[email protected]
12. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
12.1 Termination by City: Without Cause. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Contractor.
12.2 Termination by City or Contractor: For Cause. Either party may terminate this Agreement upon twenty (20) days prior written notice to the other party of a material breach, and a failure to cure within that time period.
17. Insurance. Contractor shall obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "A" attached hereto and incorporated herein by this reference. All insurance policies shall be subject to City approval as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor shall provide City with copies of required certificates of insurance upon request.
18. Indemnity and Defense. Contractor hereby agrees to indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of the acts, errors, or omissions constituting negligence, gross negligence, willful misconduct or fraud of Contractor or its subcontractors relating to the performance of Services described herein. Contractor's duty to defend and indemnify City shall not extend to injuries or damages that are the result of City's sole negligence or willful misconduct.
Contractor’s duty to defend shall immediately arise when a claim is asserted and/or a lawsuit is initiated against the City arising out of or occurring in connection with the acts, errors, or omissions constituting negligence, gross negligence, fraud or willful misconduct of 222
Contractor or its subcontractors relating to the performance of Services described herein and regardless of whether others may owe the City a duty of defense and/or indemnity.
Contractor and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement for a period of two (2) years.
19. Compliance with All Laws. In providing the services required under this Agreement, Contractor shall at all times comply with all applicable laws of the United States, the State of California, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
20. General Provisions.
20.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.
20.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract.
20.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Fresno County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Fresno County, California.
20.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.
20.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.
20.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.
20.7 Compliance with All Laws. In providing the services required under this Agreement, Contractor shall at all times comply with all applicable laws of the United States, the State of California, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
20.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding 223
on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313.
The parties agree to this Contract as witnessed by the signatures below:
CITY OF SAN JOAQUIN Approved as to form:
_______________________________ __________________________________ Elizabeth Cabrera, City Manager Hilda Cantu Montoy, City Attorney Date: ___________________________ Date: ______________________________
ATTEST:
_________________________________
Matt Flood, City Clerk
Date: ___________________________
THE LOPEZ CONSTRUCTION FAMILY, LLC
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s) 224
EXHIBIT A
INSURANCE REQUIREMENTS
A. Insurance Requirements
i. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor’s general liability policies shall be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. ii. Any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided by the City.
iii. Coverage shall state that Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability.
iv. Coverage shall contain a waiver of subrogation in favor of the City.
B. Business Automobile Liability
i. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISP Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than one million dollars ($1,000,000) per accident.
C. Workers’ Compensation and Employers’ Liability
i. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employers’ Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
D. All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
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iii. Evidence of Insurance – Prior to commencement of work, the Contractor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Contractor must agree to provide complete, certified copies of all required insurance policies of requested by the City.
iv. Acceptability of Insurers – Insurance shall be placed with insurers admitted in the State of California with an AM Best rating of A- VII or higher. 226
STAFF REPORT TO COUNCIL
May 27, 2025
TO: Mayor and Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Amendments to Yard Sale Regulations Ordinance.
Recommendation: That Council waive full reading and introduce Ordinance Amending Chapter 114 of Title IX of the San Joaquin Municipal Code Relating to Yard Sale Regulations Executive Summary
On May 6, 2025 during a regular scheduled meeting City Council discussed the current Yard Sale Ordinance and provided direction to legal counsel and staff to amend the ordinance. The direction included amendments to accommodate residents needing to hold a yard sale for fundraising purposes for the benefit of circumstances such as funerals outside the already designated weekends.
Ordinance was prepared by legal counsel and reviewed by City Manager. Ordinance is being presented to council for consideration of waving full reading and introducing Ordinance Amending Chapter 114 of Title IX of the San Joaquin Municipal Code Relating to Yard Sale Regulations.
The amended ordinance allows for local nonprofits and churches to serve as a proxy for the residents and pull a yard sale permit on additional weekends not already designated for yard sales.
Additionally, nonprofit organizations and churches are exempt from a permit fee. 227
ORDINANCE NO. 2025-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JOAQUIN AMENDING CHAPTER 114 OF TITLE IX OF THE SAN
JOAQUIN MUNICIPAL CODE RELATING TO YARD SALE
REGULATIONS
The City Council of the City of San Joaquin does ordain as follows:
SECTION 1. Sections 114.01, 114.02, 114.03, and 114.04 of Chapter 114 of Title IX of the San Joaquin Municipal Code are amended to read as follows:
§ 114.01 PERMIT REQUIRED.
(A) A resident of the city is not required to have a business license to hold a yard sale at his or her residence. However, anyone holding a yard sale shall first secure a yard sale permit from the City Clerk's office.
(B) Nonprofit organizations and churches located in the City of San Joaquin are not required to have a business license to hold a yard sale. However, they shall first secure a yard sale permit from the City Clerk’s Office and shall have written permission from the property owner to hold such yard sales.
(C) The term YARD SALE in this chapter applies to yard sale, rummage sale, or garage sale.
As used in this chapter, YARD SALE, RUMMAGE SALE or GARAGE SALE means an occasional or casual sale of secondhand goods and/or goods donated by individuals, nonprofit organizations, or churches located in the City of San Joaquin. Items to be sold must be the property of the permit holder, or members of his or her immediate family, or of a non-profit organization or church located in the City of San Joaquin, and shall not include items acquired or consigned solely for the purpose of being sold for private profit. Yard sales may not be used as a retail outlet. §114.02 Limitations on Permits.
(A) Yard Sale permits will be issued solely to residents of the City of San Joaquin and nonprofit organizations or churches located in the City of San Joaquin. (B) Yard Sale permits will be issued only on the first and third weekends of each month. (C) The term “Weekend” as used in this chapter means Friday, Saturday, and Sunday; and the “first weekend” is the first weekend in the month in which Saturday falls on the 1st day of that month or later.
§ 114.03 FEE.
(A) There shall be a fee for each permit issued except as set forth in § 114.04 of this Code. (B) A fee shall be charged as set forth by resolution of the City Council. § 114.04 EXEMPTION AND LIMITATIONS.
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(A) Yard sales held by nonprofit organizations or churches located in the City of San Joaquin are specifically exempt from all fee requirements of the provisions of this chapter. (B) Nonprofit organizations or church located in the City of San Joaquin may hold yard sales on other weekends
(B) Signs advertising a yard sale may not exceed six square feet in size. The signs shall be taken down and removed promptly upon the conclusion of the sale. Nothing in this section should be construed as authorization to post signs on utility poles, sidewalks or trees; or on public property or facilities.
SECTION 2. CEQA. A preliminary environmental assessment has been performed for this project pursuant the California Environmental and Quality Act (CEQA). The City Council finds and determines with certainty that, pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this project may have a significant, adverse, impact on the environment. This is because this project involves purely procedural policies with no impacts on the environment.
Therefore, this project is not subject to CEQA.
SECTION 3. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.
SECTION 4. Effective Date. This Ordinance shall become effective thirty (30) days after adoption.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of San Joaquin held on June 3, 2025 and was passed and adopted at a regular meeting of the City Council held on July 1, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Matt Flood, City Clerk Adam Flores-Cornejo, Mayor
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