SAN JOAQUIN CITY COUNCIL REGULAR MEETING
SAN JOAQUIN COUNCIL CHAMBERS
21991 COLORADO AVE (A)
SAN JOAQUIN, CA
MONDAY, JULY 14, 2025
6:00 P.M.
MEMBERS OF THE COUNCIL WILL BE IN ATTENDANCE AT THE MEETING.
MEMBERS OF THE PUBLIC MAY ATTEND AND PARTICIPATE IN THIS MEETING
IN PERSON OR BY ZOOM OR SUBMIT WRITTEN COMMENTS AT CITY HALL OR BY EMAIL PRIOR TO THE MEETING AT [email protected].
ZOOM INFORMATION:
https://us02web.zoom.us/j/85749742824?pwd=xw2TEJoE8sDGzAniBY2YPWjaOkfk2o.1 MEETING ID: 857 4974 2824
PASSCODE: 524753
TELEPHONE NUMBER: 1-669-900-9128
The City Council welcomes you. All attendees are advised that pagers, cell phones, and any other communication devices should be powered off upon entering the Council meeting.
The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called.
For each agenda item considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals. Public comments from those in attendance will then be taken. All public comments will be limited to three minutes per person.
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL
Adam Flores-Cornejo Mayor
Martha Mejia Mayor Pro Tem
Cristina Covarrubia Councilmember
Abel Lua Councilmember
Rosa M. Ramirez Councilmember
2. APPROVAL OF AGENDA –
3. PRESENTATION –
______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org
4. PROCLAMATION –
5. CONSENT CALENDAR –
All items listed under Consent Calendar are considered to be routine and will be enacted by one motion. For discussion of any Consent Item, it will be considered separately at the request of any member of the City Council or any person in the audience - A. SUBJECT: Minutes of the Regular City Council Meeting of June 3, 2025.
RECOMMENDATION: Council approve the Minutes of the Regular City Council Meeting of June 3, 2025. (Enclosure P. 1, Action Item)
B. SUBJECT: Warrants #’s 056318-056378.
RECOMMENDATION: Council approve Warrant #’s 056318-056378 as presented. (Enclosure P. 5, Action Item)
C. SUBJECT: Renewal of Oil Payment Program (OPP16).
RECOMMENDATION: Council authorize the City Manager to execute the letter of Authorization for the Oil Payment Program (OPP16). (Enclosure P. 12, Action Item) D. SUBJECT: A Resolution of the City Council of the City of San Joaquin, California, accepting completion of Well No. 6 Construction Project No. 18-CDBG-12917 and Project No. 1010034-005C Phase 1, authorizing the City Clerk to file a Notice of Completion with Fresno County, and authorizing the City Manager to make Final Payment of Retention Monies to Dawson-Mauldin, LLC.
RECOMMENDATION: Adopt Resolution No. 2025-31 accepting completion for Well No. 6 Construction, authorize the City Clerk to file a Notice of Completion with Fresno County, and authorize the City Manager to make Final Payment of Retention Monies to Dawson-Mauldin, LLC. (Enclosure P. 13, Action Item) E. SUBJECT: Consideration of Ordinance amending the Zoning Map and R-1 and R-2 Designations.
RECOMMENDATION: Waive the Second Reading and adopt Ordinance No. 2025-01, amending Sections 71.08, 154.004, 154.062 and 153.071 of the San Joaquin Municipal Code and Approving the Rezoning of APN 033-040-50 from R-1 Zone Designation to R-2 Zone Designation. (Enclosure P. 18, Action Item)
6. SHERIFF REPORT – Informational Only
7. CITY MANAGER REPORT – Informational Only
8. CITY ATTORNEY REPORT – Informational Only
9. COUNCILMEMBER COMMUNICATIONS/ANNOUNCEMENTS/AGENDA
ITEMS –
This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to initiate new matters and to request updates, (iii) and to initiate new agenda items.
Under this section the Council may take action only on items specifically agendized and which meet other requirements for actions.
10. PUBLIC FORUM –
This part of the meeting is for members of the public to address the City Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the City Council of the City of San Joaquin. If you wish to comment on an item which is not on the agenda, you may do so at this time and each speaker is limited to three (3) minutes.
Speakers are asked, but not required, to state their name and address and to use the microphone. The Council is prohibited by law from taking action on items not on the agenda. Discussion shall be limited to referring the item to staff and possible scheduling on a future council agenda.
11. PUBLIC HEARINGS –
A. SUBJECT: 18-CDBG-12917 Contract Closeout – Public Hearing.
RECOMMENDATION: Receive staff report summarizing the accomplishments performed under State CDBG Agreements 18-CDBG-12917; solicit citizen input regarding expenditures and accomplishments of the funding received under this contract and direct staff to proceed with submitting required documents for closeout to the State. (Enclosure P. 28, Action Item)
12. SAN JOAQUIN PLANNING COMMISSION –
13. OLD BUSINESS –
14. NEW BUSINESS –
A. SUBJECT: Council authorization to enter into agreements with California Highway Patrol & Rural Development Center for the purpose of implementing and executing a community awareness project on dangers of underage drinking & driving under the influence.
RECOMMENDATION: Adopt Resolution No. 2025-32 and Resolution No. 2025- 33, approving entering into agreement with California Highway Patrol and Rural Development Center. (Enclosure P. 30, Action Item)
B. SUBJECT: A Resolution of the City Council of the City of San Joaquin continuing expenditures in accordance with 24-25 Budget until adoption of 25-26 Budget.
RECOMMENDATION: Adopt Resolution No. 2025-34, continuing expenditures and revenues in accordance with the 2024-2025 City Budget in lieu of timely 2025- 2026 Budget adoption. (Enclosure P. 47, Action Item)
C. SUBJECT: Council consideration of the Yard Sale Ordinance.
RECOMMENDATION: Waive the full reading and introduce Ordinance No. 2025- 02, amending Chapter 114 of Title IX of the San Joaquin Municipal Code relating to Yard Sale Regulations. (Enclosure P. 49, Action Item)
15. CLOSED SESSION –
16. ADJOURN MEETING –
NOTICE OF ADA COMPLIANCE: If you or anyone in your party needs assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g. hearing aids or signing services to make a presentation to the City Council, the City is happy to assist you. Please contact City Office at (559) 693-4311 so such aids or services can be arranged. Request may also be made by email to the City Clerk at [email protected] or mailed to San Joaquin City Hall, P.O. Box 758, San Joaquin, CA 93660. Accommodations should be requested as early as possible as additional time may be required in order to provide the request accommodation is suggested.
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council regarding within 72 hours of the meeting regarding any items on this agenda will be made available for public inspection at the City Clerk’s Office located at City Hall, 21900 Colorado Avenue during normal business hours and on the City’s website at www.cityofsanjoaquin.org
LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official.
Participants and agents are requested to make this disclosure as well.
The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.
CONFLICT OF INTEREST. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure when the item is called and recuse themselves.
CERTIFICATION OF POSTING
I, Matt Flood, City Clerk of the City of San Joaquin, do hereby declare that the foregoing agenda for the regular San Joaquin City Council Meeting of Tuesday, July 14, 2025 was posted at the following locations: City Hall, 21900 Colorado Avenue, San Joaquin Senior Center, 21991 Colorado Ave (B) and US Post Office 8667 Ninth Street on Friday, July 11, 2025 by 5:00 P.M. *NEXT REGULAR COUNCIL MEETING SCHEDULED TUESDAY, AUGUST 5, 2025*
SAN JOAQUIN CITY COUNCIL REGULAR MEETING
MINUTES
TUESDAY, JUNE 3, 2025
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL
Mayor Adam Flores-Cornejo Present
Mayor Pro Tem Martha Mejia Present (6:03pm)
Councilmember Cristina Covarrubia Present
Councilmember Abel Lua Present
Councilmember Rosa Maria Ramirez Present
The Meeting was called to order and the pledge of allegiance led by Mayor Flores-Cornejo at 6:01pm.
2. APPROVAL OF AGENDA
A motion was made by Councilmember Lua to approve the agenda, seconded by Councilmember Ramirez. Motion passed 4-0 (Absent: Mejia).
3. PRESENTATION
A. Westlands Water District to present a scholarship to Tranquillity High School Student Juan Mendoza
Various student participants and advisors shared their experience and how the grant from the City helped them.
B. Presentation by Kendall Flint of DKS Associates regarding Measure C
4. PROCLAMATION
5. CONSENT CALENDAR
A. SUBJECT: Minutes of the Regular City Council Meeting of May 6, 2025.
RECOMMENDATION: Council approve the Minutes of the Regular City Council Meeting of May 6, 2025.
B. SUBJECT: Warrants #’s 056230-056317.
______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org 1 RECOMMENDATION: Council approve Warrant #’s 056230-056317 as presented.
C. SUBJECT: Continuing FY 2024-25 Expenditures and Revenues In Lieu of a Timely 2025-26 Budget
RECOMMENDATION: Council adopt Resolution No. 2025-24 Continuing Expenditures and Revenues in Accordance with the 2024-25 City Budget in Lieu of a Timely 2025-2026 Budget.
D. SUBJECT: Adopt a resolution supporting AB 1012 – A State Law to secure the efficiency of transportation funding and implementing a timely use of federal/state funding under the federal surface transportation act for the projects submitted to Fresno Council of Governments for the 2025 Call for Project.
RECOMMENDATION: Staff recommends Council adopts the attached Resolution No. 2025-25 supporting the implementation of AB 1012 “Timely Use of Funding”.
A motion was made by Councilmember Ramirez to adopt the Consent Calendar, seconded by Mayor Flores-Cornejo. Motion passed 5-0.
6. SHERIFF REPORT
Deputy Swain provided his monthly report.
7. CITY MANAGER REPORT
City Manager Cabrera provided her report.
8. CITY ATTORNEY REPORT
The City Attorney provided her report.
9. COUNCILMEMBER COMMUNICATIONS/ANNOUNCEMENTS/AGENDA ITEMS
10. PUBLIC FORUM
Various members of the public and representatives of organizations provided information and comments.
11. PUBLIC HEARINGS
A. SUBJECT: Public Hearing Regarding Tentative Tract Map No. 6456 to Subdivide APN-033-040-50 into 38 Single Family lots including a General Plan Amendment, Zoning Text Amendment, and Zone District Change.
2 RECOMMENDATION: That the City Council (i) Adopt Resolution No.2025-27 Adopting The Main Street Townhomes Project Initial Study Mitigated Negative Declaration (Is-MND) and General Plan Amendment for a Land Use Designation Change From Low Density Residential to Medium Density Residential; (ii) Introduce Ordinance No. 2025-01 Amending Sections 71.08, 154.004, 154.062 and 153.071 of the San Joaquin Municipal Code and Approving the Rezoning Of APN 033-040-50 from R-1 Zone Designation to R-2 Zone Designation; and (iii) Adopt Resolution No. 2025-26, approving the Tentative Tract Map 6456 to create 38 single family lots with shared roof townhomes as shown in Exhibit B of the TTM resolution. The City’s Planning Commission recommended approval of the above at their May 6, 2025.
At 7:13pm the Mayor opened the hearing to the public. A motion was made by Councilmember Lua to approve the item, seconded by Councilmember Ramirez. Motion passed 5-0.
B. SUBJECT: A Resolution of the City Council of the City of San Joaquin, California, confirming Diagram and Assessments for the Annual Levy for 2025-2026 of Assessment District No. 92-3. (Pursuant to the Landscaping and Lighting Act of 1972).
RECOMMENDATION: Council Conduct a public hearing to receive testimony regarding proposed 2025-2026 assessments for the City of San Joaquin’s Landscaping and Lighting Maintenance District No. 92-3 and Adopt Resolution 2025-28 confirming the diagram and assessments for the annual levy of the City of San Joaquin’s Landscaping and Lighting Maintenance District No. 92-3 for Fiscal Year 2025-2026 and direct the Deputy City Clerk to file the annual Engineer’s Report with the County of Fresno, California.
A motion was made by Councilmember Lua to approve the item, seconded by Councilmember Covarrubia. Motion passed 4-0. (MPT Mejia had stepped out momentarily)
12. SAN JOAQUIN PLANNING COMMISSION
13. OLD BUSINESS
14. NEW BUSINESS
A. SUBJECT: Council authorization to use State Water Resources Control Board Funds to enter into an Agreement with Watermill Express, LLC and establishing a policy for use of tokens to provide clean potable water to Community.
RECOMMENDATION: Adopt Resolution No. 2025-29 Approving a Policy for the use of funds per State Budget Act of 2024 for Clean Drinking Water Dispensing Facility and Approving Agreement with Watermill Express, LLC. 3 A motion was made by Mayor Pro Tem Mejia to approve the item, seconded by Councilmember Ramirez. Motion passed 5-0.
B. 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.
A motion was made by Councilmember Lua to approve the item, seconded by Councilmember Ramirez. Motion passed 5-0.
C. SUBJECT: Amendments to Yard Sale Ordinance
RECOMMENDATION: That Council waive full reading and introduce Ordinance No 2025-02, amending Chapter 114 of Title IX of the San Joaquin Municipal Code Relating to Yard Sale Regulations.
A motion was made by Mayor Flores-Cornejo to table the item and bring back a reworked ordinance, seconded by Mayor Pro Tem Mejia. Motion passed 4-1 (No: Ramirez).
15. CLOSED SESSION
A. Pursuant to Government Code
§54957(b)(1) Public Employee
Performance Evaluation Employee: City
Manager
At 7:47 p.m., the Mayor moved the meeting into Closed Session. At 8:57p.m., the Mayor moved the meeting back into open session and there was an announcement that no reportable action was taken.
16. ADJOURN MEETING
At 8:57 p.m., with no other business remaining before the City Council, a motion was made and seconded to adjourn the meeting. Motion passed 5-0. 4 5
6 7
8 9
10 11
______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org July 14, 2025
Department of Resources Recycling and Recovery (CalRecycle) 1001 “I” Street
P.O. Box 4025
Sacramento, CA 95812-4025
Dear CalRecycle:
RE: Letter of Authorization for Oil Payment Program, Cycle 16 (OPP16) I am the City Manager for the City of San Joaquin. I am authorized to contractually bind the City of San Joaquin. Pursuant to this authority, I hereby authorize the County of Fresno to submit a regional application and to act as Lead Agency on behalf of the City of San Joaquin.
The County of Fresno is hereby authorized to execute all documents necessary to implement the project and secure payment under the OPP16 program. This authorization is and shall remain effective until the end of the OPP16 performance period, which is June 30, 2027.
Sincerely,
Elizabeth Cabrera
City Manager
City of San Joaquin
(559) 693-4311
12
STAFF REPORT
Date: July 14, 2025
TO: Mayor and Councilmembers
FROM: Nick Fontaine PE, Project Engineer
REVIEWED BY: Elizabeth Cabrera, City Manager
SUBJECT:
A Resolution of the City Council of the City of San Joaquin, California, accepting completion of Well No. 6 Construction Project No. 18-CDBG-12917 and Project No. 1010034-005C Phase 1, authorizing the City Clerk to file a Notice of Completion with Fresno County, and authorizing the City Manager to make Final Payment of Retention Monies to Dawson-Mauldin, LLC.
RECOMMENDATION:
1. Adopt the resolution accepting completion for Well No. 6 Construction.
2. Authorize the City Clerk to file a Notice of Completion with Fresno County.
3. Authorize the City Manager to make Final Payment of Retention Monies to DawsonMauldin, LLC.
BACKGROUND:
The need for a new well was identified in the City’s Water Master Plan dating back to 1995, but the new well was never built. The City’s water system relies on groundwater pumped from 3 wells, 2 of which have reached their useful life and have become unreliable. As a result, the City applied for and received a Community Development Block Grant (CDBG) for $2,950,000.00 to design and construct a new well.
The City of San Joaquin advertised the project on June 15, 2022, and bids were opened on July 12, 2022. Dawson-Mauldin, LLC submitted the lowest responsive and responsible bid of $3,762,100.00.
After receiving bids, the City applied and was awarded supplemental funding from Drinking Water State Revolving Fund (DWSRF) Grant to cover the additional cost to construct the project.
The project was awarded to Dawson-Mauldin, LLC on November 17, 2022 and construction started on March 15, 2023.
DISCUSSION:
The Contractor completed all work within the time required in the Contract Documents. A final inspection was performed and the work was found to be in compliance with the plans and specifications. Therefore, the work should be accepted as complete and a Notice of Completion filed. If no claims are filed within 35 days after recordation, retention in the amount of $191,620.32 should be paid to Dawson-Mauldin, LLC.
13
FISCAL IMPACT:
The final construction contract cost inclusive of all authorized work was $3,832,406.44. Funding of this project is fully covered through a Community Development Block Grant and Drinking Water State Revolving Fund Grant.
A summary of contract costs are as follows:
PROJECT COST SUMMARY
Contract Amount $ 3,762,100.00
Change Order No. 1 $ 68,259.66
Change Order No. 2 – Additional Contract Time $ 0.00
Change Order No. 3 – Additional Contract Time $ 0.00
Change Order No. 4 – Additional Contract Time $ 0.00
Change Order No. 5 $ 2,046.78
Change Order No. 6 – Additional Contract Time $ 0.00
Change Order No. 7 – Additional Contract Time $ 0.00
Change Order No. 8 – Additional Contract Time $ 0.00
Actual Construction Cost $ 3,832,406.44
Change Order No.1 was for additional work requested by the City of San Joaquin and included 1 additional day of pump testing the newly developed well and installing 3 hot tap valve insertions in order to isolate the existing waterlines in order to complete the tie in connection from new Well No. 6 to the existing distribution system.
Change Order No. 5 was to install a project sign as required by the supplemental funding source, DWSRF, which was not part of the initial Bid.
ATTACHMENTS:
1. Resolution No. 2025-31
2. Notice of Completion
14
RESOLUTION NO. 2025-31
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN ACCEPTING COMPLETION OF WELL NO. 6 CONSTRUCTION PROJECT NO. 18- CDBG-12917 AND PROJECT NO. 1010034-005C PHASE 1, AUTHORIZING THE CITY
CLERK TO FILE A NOTICE OF COMPLETION WITH FRESNO COUNTY, AND
AUTHORIZING THE CITY MANAGER TO MAKE FINAL PAYMENT OF
RETENTION MONIES TO DAWSON-MAULDIN, LLC.
WHEREAS, the City advertised the Project on June 15, 2022; and WHEREAS, the City received and publicly opened bids on July 12, 2022; and WHEREAS, the City Council awarded a contract to Dawson-Mauldin, LLC in the amount of $3,762,100.00, on November 17, 2022; and
WHEREAS, eight change orders were issued during the course of the Project, including two that increased the contract price by $70,306.44, for a total contract amount of $3,832,406.44; and WHEREAS, the Public Works Department and City Engineer have completed a final inspection of the Project and recommend final acceptance; and
WHEREAS, upon approval of the final acceptance of the Project by the City Council, the City Clerk will record a Notice of Completion with Fresno County and the City Manager will release the retention monies due the Contractor 35 days after the recording date.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Joaquin as follows:
1. The above recitals are true and correct findings of the San Joaquin City Council.
2. Accepts the Well No. 6 Construction Project No. 18-CDBG-12917 and Project No. 1010034- 005C Phase 1 as complete; and
3. Authorizes the City Clerk to record a Notice of Completion with Fresno County; and
4. Authorizes the City Manager to make final payment of retention monies to Dawson-Mauldin, LLC 35 days after the recording date.
5. This Resolution will become effective immediately.
Passed and adopted this 14th day of July 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Adam Flores-Cornejo, Mayor
of the City of San Joaquin
15
ATTEST:
I, hereby certify that the forgoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of San Joaquin this 14th day of July 2025. ___________________________
Matthew Flood, City Clerk
of the City of San Joaquin
16 RECORDING REQUESTED BY:
City Clerk
City of San Joaquin
WHEN RECORDED RETURN TO:
City of San Joaquin
21900 Colorado Avenue
San Joaquin, CA 93660
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:
NAME STREET AND NO. CITY STATE
City of San Joaquin 21900 Colorado Avenue San Joaquin California (if more than one owner of the interest stated, the name and address of each must be inserted)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.
4. That on the 13th day of June, 2025 a work of improvement on the real property hereinafter described was completed.
5. That the name of the original contractor, if any for such work of improvement was:
Dawson-Mauldin, LLC
(If no contractor for work of improvement as a whole, insert “No Contractor”)
6. That the real property herein referred to is situated in the City of San Joaquin, County of Fresno, State of California, and is described as follows:
The project work consisted of drilling and casing new municipal Well No. 6, including developing, testing, and related tasks within the San Joaquin Sports Park located near the intersection of 6th Street and California Avenue in the City of San Joaquin. Work also included equipping a 1,700-gpm municipal well with a vertical turbine pump, electric motor, well discharge and site yard piping, constructing a CMU well building with chemical feed and electrical equipment, furnishing and installing an emergency generator, connection to the existing water distribution system, and miscellaneous improvements to the well site.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
July 1, 2025 By:
Date Signature of Owner
Elizabeth Cabrera, City Manager
City of San Joaquin
Print Name
VERIFICATION
I understand, state:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed at San Joaquin, California City of San Joaquin This 1st day of July, 2025. Owner
By:
Elizabeth Cabrera, City Manager
City of San Joaquin
17 STAFF REPORT TO CITY COUNCIL
July 14, 2025
TO: City Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Public Hearing and Second Reading for Zoning Text Amendment and Zone District Change for APN-033-040-50
Recommendation:
Staff and the Planning Commission recommend that the City Council conduct a public hearing and take action as follows:
1) Review and consider the analysis provided in the Initial Study-Mitigated Negative Declaration (IS-MND) (Exhibit A of the project resolutions) as the California Environmental Quality Act (CEQA) Lead Agency; and
2) Conduct Second Reading and Adopt:
(i) Ordinance No. 2025-01 Amending Sections 71.08, 154.004, 154.062 and 153.071 of the San Joaquin Municipal Code and Approving the Rezoning of APN 033-040- 50 from R-1 Zone Designation to R-2 Zone Designation.
Executive Summary
Terra Firma Development LLC (Terra Firma) has submitted a Tentative Tract Map for future development of a 38-unit subdivision of APN: 033-040-50 located at the southeast corner of Arizona Main Street. The parcel is located within the city limits and is designated by the General Plan as Low Density Residential and currently zoned R-1. Approval of the tentative tract map requires amending the General Plan land use designation from Low Density Residential to Medium Density Residential and the zoning from R-1 to R-2 to allow for minimum lot size of 3,000 square feet. This would allow for development and approval of a tentative tract map to subdivide the existing parcel into 38 single family lots.
The proposed development requires a text amendment to change the R-2 zone development standards. The text amendment proposes updates to the City’s Code to allow adjacent parcels to have a zero-lot line for certain duplexes on adjoining sides with a minimum 10-foot setback between structures on the opposite side yard, reduced front yard setbacks on lots facing streets with a typical 60-foot right of way, updates the definition of structure, provides additional options on street and driveway standards including street widths, curb design, and driveways\parking. This text amendment would allow for the construction of the proposed duplex units (see Exhibit C of the resolution). This project implements the goals and policies of the City’s 6th Cycle Housing Element to facilitate housing development within the city. 18 2
Zoning Text and Map Amendment
Staff has prepared draft zoning text amendment language for City Council’s review and input, shown below. The draft is currently divided into several sections that include changes to the definition of a structure, R-2 setback standards, and street and driveway standards.
Change to definition of Driveway in Zoning Ordinance
Section § 71.08 Unlawful Parking, would be updated as follows:
DRIVEWAY. A poured-in-place asphalt or concrete slab which covers less than 50% of the required front yard area of the lot and is connected to a public right-of-way by a curb cut, or any other designated parking area. On corner lots, coverage can cover up to 60% of the required lot front yard area.
Change to definition of Structure in zone code
Section § 154.004 Definitions, would be updated as follows:
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on or in the ground or attachment to something having a permanent location on or in the ground, including but not limited to site-built swimming pools, gazebos, carports, patio covers. This definition does not include driveways and other ground level concrete or other ground level patios less than 12 inches in height, walls and fences less than three feet six inches in height when located in front yards, or less than six feet in height when located in side or rear yards, or other improvements of a minor character.
R-2 Zone Zero Lot Line Modification
Section § 154.062, Development Standards for R-2 zones would be modified as follows:
Development Standard Regulation Comments or Special Requirements Maximum Lot Coverage 60 percent
Minimum Lot Size Interior lots: 3,000 square feet
Corner lots: 3,500 square feet
Minimum Lot Dimensions Depth: 75 feet
Width: 40 feet
Exceptions may be made for cul-de-sac and
corner lots or other non-standard
circumstances.
Maximum Building
Height
Main building: 35 feet
Accessory building: 12 feet
Garage or carport: 15 feet
Minimum Yard Setbacks Front yard: 20 feet; 19 feet allowed on lots fronting a 60-foot right of way street
Side yard:
Interior lot: 5 feet
Corner lot, interior side: 5 feet
Corner lot, street side: 10 feet
Reverse corner lot: 15 feet
Rear Yard: 15 feet
Side yard, Zero Lot Line. Zero lot line
development shall be allowed with a tenfoot setback on the adjoining lot.
OR
Zero Lot Line on same lot line to allow
duplexes on adjoining sides with a
minimum 10-foot setback between
structures on the opposite side yard.
Minimum Space between Between two buildings of residential use: 10 19 3
buildings feet
Between any main building and all nonhabitable accessory buildings: 6 feet Background
The applicant is proposing a revised map to allow for 38 lots as previously described. This map has been developed in coordination with City staff to meet City standards and modify standards to allow for approval of this project in order to meet the City’s 6th Cycle Housing Element programs to provide additional housing in the City. To accommodate for the increase in density generated by the TTM, the San Joaquin Zoning Ordinance Sections 71.08, 154.004, 154.062 and 153.071 of the San Joaquin Municipal Code must be amended, and APN 033-040-50 must be rezoned from R-1 Zone Designation to R-2 Zone Designation.
General Plan Consistency
The San Joaquin General Plan Land Use Element guides the city’s long-range growth and development policy; it establishes citywide standards, goals, and policies that are implemented through the City’s zoning ordinances, and other pertinent programs. The project site would be designated as Medium Density Residential (MDR) by the San Joaquin General Plan. The MDR limits building density to 8 to 20 units per acre with a minimum of 1,500 SF per unit. The planned land use for the TTM is to subdivide the existing lot into 38 single family lots on an approximately
5.06-acre parcel which would result in approximately 8 units per acre. The project is consistent with the San Joaquin General Plan requirements for the MDR designation.
Zoning Ordinance Consistency (SJMC Chapter 154)
The project site is zoned R-1 to be rezoned as R-2. Pursuant to SJMC Section 154.061 Permitted Uses, R zones permit the following by right: (A) residential structures together with the accessory buildings customary to such use; (B) Flower and vegetable gardens, orchards, the raising of tree crops, berry, or bush crops for the purpose of propagation and culture, including wholesaling crops raised on the premises; provided, no signs, displays, or stands are used in conjunction therewith; (C) Swimming pools for either individual, family, or communal use on an exclusive noncommercial basis. The TTM is consistent with the allowable uses of the project site pursuant to R2 zoning in that it allows for the development of 38 single family duplexes at an allowed density for the R-2 Zone District.
20 ORDINANCE NO. 2025-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JOAQUIN, CALIFORNIA, AMENDING SECTIONS
71.08, 154.004, 154.062 AND 153.071 OF THE SAN JOAQUIN
MUNICIPAL CODE AND APPROVING THE REZONING
OF APN 033-040-50 FROM R-1 ZONE DESIGNATION TO
R-2 ZONE DESIGNATION
WHEREAS, on December 19, 2023, Terra Firma Development LLC (“Applicant”) proposed a rezoning of the Project site from R-1 to R-2 to allow for the subdivision and development of Main Street Townhomes on APN 033-040-50; and
WHEREAS, the Applicant proposes an amendment to the R-2 zone development standards within the San Joaquin Municipal Code (SJMC) to allow for the construction of the duplex units including changes to the definition of a structure, R-2 setback standards, and street and driveway standards; and
WHEREAS, on May 6, 2025, after consideration of all items before it, including all proposed zoning amendments, the Planning Commission approved Resolution No. 2025-02 recommending to the City Council the adoption of the IS-MND and the approval of an ordinance for change of zone districts amending the official City of San Joaquin Zoning Map; and WHEREAS, the Planning Commission Resolution No. 2025-02 included findings as required by SJMC section 154.026; and
WHEREAS, on June 3, 2025, the City Council of the City of San Joaquin conducted a duly noticed public hearing on the Project and zone text amendments. At the hearing, all interested persons were given an opportunity to be heard; and
WHEREAS, the City Council received and considered the staff report and all the information, evidence, and testimony presented in connection with this Project; and WHEREAS, the City Council reviewed and considered the Main Street Townhomes IS-MND prior to making a decision on SJMC zone text amendments and rezoning of APN 033-040-50 to R-2; and
WHEREAS, after consideration of all items before it at the public hearing, the City Council now desires to adopt an ordinance to amend the official Zone Map for the proposed rezone of APN 033-040-50.
NOW, THEREFORE, the City Council of the City of San Joaquin ordains as follows:
SECTION 1. The City Council finds that all of the facts set forth in the above recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City Council finds that all legal prerequisites for consideration of this matter have occurred, including the notice of and the holding of a public hearing and the resolution of the Planning Commission.
21 SECTION 3. The City Council finds that public necessity, convenience, general welfare, and good zoning practices justify the change in zone districts as recommended by the Planning Commission. The changes are also consistent with the purpose of the City’s zoning ordinance to promote the growth of the City in an orderly and sustainable manner and to ensure consistency with the City General Plan.
SECTION 4. CEQA. The City Council finds that it has concurrently considered and approved the Main Street Townhomes IS-MND at the Public Hearing and on file in the City Clerk’s Office.
SECTION 5. Approval of Zoning Text Amendments. The City Council adopts the Zoning Text Amendments as set forth in the attached Exhibit A which is incorporated by reference.
SECTION 6. Approval of Amended Zone Districts. The City Council approves the reclassification of the R-1 zone designation of APN 033-040-50 to an R-2 zone zone designation as set forth in the attached Exhibit B which is incorporated herein by reference.
SECTION 7. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 7. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of San Joaquin and shall cause this ordinance to be published or posted in accordance with Government Code Section 36933 as required by law.
SECTION 8. Effective Date. This ordinance shall be effective thirty (30) days following its adoption.
The forgoing ordinance was introduced at a regular meeting of the San Joaquin City Council on the 3rd Day of June, 2025 and adopted at a regular council meeting of the City Council of the City of San Joaquin the 14th day of July 2025, and passed at said meeting with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Adam Flores-Cornejo, Mayor
City of San Joaquin
ATTEST:
______________________________________
Matt Flood, City Clerk
City of San Joaquin
22 Approved as to Legal Form:
Hilda Cantú Montoy
City Attorney
Exhibit A: SJMC text amendments
Exhibit B: Rezoning Map
23 Exhibit A: SJMC Text Amendments
SECTION 1. The definition for the term “DRIVEWAY” in Section 71.08(E)(2) of the San Joaquin Municipal Code is amended to read as follows:
DRIVEWAY. A poured-in-place asphalt or concrete slab which covers less than 50% of the required front yard area of the lot and is directly connected to a public right-of-way by a curb cut, or any other designated parking area. On corner lots coverage can cover up to 60% of the required lot front yard area.
SECTION 2. The definition for the term “STRUCTURE” in Section 154.004 of the San Joaquin Municipal Code is amended to read as follows:
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on or in the ground or attachment to something having a permanent location on or in the ground, including but not limited to site-built swimming pools, gazebos, carports, patio covers. This definition does not include driveways and other ground level concrete or other ground level patios less than 12 inches in height, walls and fences less than three feet six inches in height when located in front yards, or less than six feet in height when located in side or rear yards, or other improvements of a minor character.
SECTION 3. Section 154.062 of the San Joaquin Municipal Code is amended to read as follows:
Development Standard Regulation Comments or Special Requirements Maximum Lot Coverage 60 percent
Minimum Lot Size Interior lots: 3,000 square feet
Corner lots: 3,500 square feet
Minimum Lot Dimensions Depth: 75 feet
Width: 40 feet
Exceptions may be made for cul-de-sac and
corner lots or other non-standard
circumstances.
Maximum Building
Height
Main building: 35 feet
Accessory building: 12 feet
Garage or carport: 15 feet
Minimum Yard Setbacks Front yard: 20 feet; 19 feet allowed on lots fronting a 60-foot right of way street
Side yard:
Interior lot: 5 feet
Corner lot, interior side: 5 feet
Corner lot, street side: 10 feet
Reverse corner lot: 15 feet
Rear Yard: 15 feet
Side yard, Zero Lot Line. Zero lot line
development shall be allowed with a tenfoot setback on the adjoining lot.
OR
Zero Lot Line on same lot line to allow
duplexes on adjoining sides with a
minimum 10-foot setback between
structures on the opposite side yard.
Minimum Space between
buildings
Between two buildings of residential use: 10
feet
Between any main building and all nonhabitable accessory buildings: 6 feet 24 SECTION 4. Subsection 153.071(P) is added to Section 153.071 titled Street Specifications of the San Joaquin Municipal Code as follows:
(1) SIDEWALK TRANS~!ION TO DRIVE APPROACH
ROLL
CU RB AND GUTTER
1----------8'-0"---------i
ROLL
CURB, GUTTER AND SIDEWALK
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6' SJNO OIi AC BASE Cl N {l!{l)8/ AU ewe S11/EET IVPROVf/,fENTS PROPOSED 53' STREET SECTION
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R/W
l-+-------26.5"--------+-------18.5'-----IHI
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TYPICAL 44' R/ W SECTION
11 TH STREET
NOT TO SCALE R= T.I.=
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26 Exhibit B: Rezoning Map
~
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iii
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San Joaquin City Boundary
D Parcels
LJ Proposed Zoning
Current Zoning
- Commercial (C)
- Main Street Commercial (C-MS)
- Manufacturing (M)
- Open Space (OS)
- Public/Semi-Public Facilities
(PSP)
Single-Family Residential (R-1)
- Multi-Family Residential (R-2)
- Multi-Family Residential (R-3)
- Railroad Right of Way (Not a
Zoned)
0 0.13 0.25 N
Miles A
Basemap provided by Esri and its licensors © 2024.
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18-06412 EPS Safety Element
Fig 1 Zoning
27 STAFF REPORT
TO: Mayor and Council Members of the City of San Joaquin FROM: Elizabeth Cabrera, City Manager
DATE: July 14, 2025
SUBJECT: 18-CDBG-12917 Contract Closeout – Public Hearing
RECOMMENDATION
Receive staff report summarizing the accomplishments performed under State CDBG Agreements 18- CDBG-12917; solicit citizen input regarding expenditures and accomplishments of the funding received under this contract and direct staff to proceed with submitting required documents for closeout to the State.
BACKGROUND
The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program authorizes the use of funds to assist low- and moderate-income families or aid in the prevention or elimination of slums or blight. There are two types of CDBG programs:
“entitlement” and “non-entitlement”. Metropolitan cities and urban counties are entitled to receive annual grants under the “entitlement” program direct from HUD. Metropolitan cities are principal cities or Metropolitan Areas (MAs) or other cities within MAs that have populations of at least 50,000. Urban Counties are within MAs that have population of 200,000 or more excluding the population of metropolitan cities within their boundaries.
The “non-entitlement” program is administered by the State Department of Housing and Community Development (HCD). The City has applied for funding under the State’s competitive application process for many years and has been very successful obtaining monies for various projects/program, including, but not limited to: street improvements, water line improvements, park improvements, food programs, gang prevention program, and more.
In order to officially close out a contract with HCD, the City is required to first conduct a public hearing to solicit input regarding expenditures and accomplishments of the funding received under the contract, and then submit required documents to HCD.
18-CDBG-12917
In September 2020, the City received 2018 CDBG funding (18-CDBG-12917) in the amount of $2,950,000. The funded activities and summary of their accomplishments are as follows:
• 03J Water Improvements – CDBG funds were awarded and expended to the construct the new Well #6 which will provide a safe and reliable water source for the community.
Due to the cost of the project, the City utilized additional monies from the State Revolving Fund (SRF) to complete this project. This work was completed by DawsonMauldin. The CDBG monies were expended some time ago; however, completion of the Well just occurred with the SRF dollars. Thus, this is now ready for closeout and reporting to the State. All funds were expended from CDBG and were 100% grant dollars.
Staff has submitted final funds requests for all eligible expenses and will be packaging the required closeout documents to initiate the closeout process.
28 FISCAL IMPACT
All CDBG funds are 100% grant funded.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Open the public hearing, receive public comment, review the accomplishments performed, provide direction for staff to send closeout report to HCD so that contracts can be closed out; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. The public hearing notice was posted at the following locations 10 days prior to the meeting: City Hall, Senior Center, Post Office and City Website.
29 STAFF REPORT TO COUNCIL
July 1, 2025
TO: Mayor and Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Council approval of application and acceptance of funds for CHP Cannabis Tax Fund Grand Program and approval of agreements with California Highway Patrol & Rural Development Center for the purpose of implementing and executing a community awareness project on dangers of underage drinking & driving under the influence.
Recommendation:
1. Adopt Resolution No. 2025-32 Approving the Application and Acceptance of Funds For CHP Cannabis Tax Fund Grant Program;
2. Adopt Resolution No. 2025-33 Approving entering into agreement with California Highway Patrol and Rural Development Center for Executing Activities of Cannabis Tax Fund Grant Program; and
Executive Summary
For Council considerations are agreements with California Highway Patrol and Rural Development Center to implement a program geared towards decreasing underage drinking and driving under the influence. Project is funded through Legislature of the State of California for the administration of the Cannabis Tax Fund Grant. The term of the grant and program is 12 months commencing on July 1, 2025 and run through June 30, 2026. All expenses associated to the program will be covered through the grant award in the amount not to exceed of $194,040.
Project Overview
Faces of Prevention: Eyes Wide Open is a community-based project dedicated to raising awareness and shifting public perspectives on the dangers of alcohol and drug-impaired driving in the City of San Joaquin and its surrounding unincorporated areas. The project focuses on engaging local families, high school students, and adults through unique, hands-on educational activities that demonstrate the impairments caused by alcohol and drug use. The project seeks to expand the number of local activities available to combat impaired driving, encouraging safer driving behaviors and fostering a stronger, more informed community commitment to preventing underage drinking and impaired driving.
Through interactive and immersive tools such as the Fatal Vision Goggles and electric golf carts, Faces of Prevention: Faces of Prevention: Eyes Wide Open provides participants with a firsthand experience of the debilitating effects of intoxication on motor coordination, decision-making, and reaction times—crucial skills for driving safely. These engaging activities simulate real-life driving scenarios and underscore the severe consequences of impaired driving, while highlighting the need for responsible behavior on and off the road. 30 REPORT TO CITY COUNCIL
The project is designed to serve diverse local populations by offering resources in both English and Spanish, ensuring accessibility and inclusivity for all community members. By addressing the specific needs of rural and unincorporated areas, Faces of Prevention: Eyes Wide Open is positioned to reach individuals who may face unique challenges in accessing education about impaired driving.
In addition to the hands-on tools, Faces of Prevention: Eyes Wide Open will feature a series of educational workshops and peer mentoring sessions aimed at creating a collaborative network of support for change. These workshops will provide tailored training for parents and adults on recognizing signs of substance abuse and establishing healthy boundaries with their children and themselves. Community members will participate in monthly community events in San Joaquin and surrounding unincorporated communities while High school students will also participate in activities that emphasize the importance of safe alternatives to impaired driving, encouraging peer-led discussions and shared responsibility.
In Partnership with the City of San Joaquin, Rural Development Centers (RDC) will serve as the lead implementing organization for the Faces of Prevention: Faces of Prevention: Eyes Wide Open project. RDC is a trusted, community-based nonprofit organization with deep roots in the San Joaquin Valley. With over 15 years of combined experience in alcohol and other drug (AOD) prevention, RDC staff have led numerous workshops and trainings focused on the Dangers of Underage Drinking and Driving Under the Influence, particularly tailored for rural communities.
Building on its extensive background, RDC has cultivated strong partnerships with local stakeholders—including schools, city officials, law enforcement agencies and community-based organizations—positioning the organization to deliver programming that is culturally relevant, accessible, and impactful. These efforts reflect a collective commitment to public safety and community well-being, with the goal of reducing impaired driving and fostering lasting behavioral change.
31 RESOLUTION NO. 2025-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN
APPROVING THE APPLICATION AND ACCEPTANCE OF FUNDS FOR CANNABIS
TAX FUND GRANT PROGRAM GRANT FUNDS
THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN DOES RESOLVE AS FOLLOWS:
WHEREAS, the California Highway Patrol has been delegated the responsibility by the Legislature of the State of California for the administration of the Cannabis Tax Fund Grant Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the California Highway Patrol require the applicant to certify by resolution the approval of the application to the State; and WHEREAS, and successful applicants will enter into an agreement with the California Highway Patrol to complete the Grant Scope.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Joaquin as follows:
1. The foregoing recitals are true and correct and incorporated by reference.
2. The City Council approves the filing of an application and the acceptance of funds for the CHP Cannabis Tax Fund Grant Program and awarded amount of $194,040.00.
3. Certifies that said applicant has or will have available, prior to commencement of any work on the project including in this application, the sufficient funds to complete the project if the grant is awarded.
4. Certifies that the applicant has reviewed, understands, and agrees to the general provisions contained in the program regulations.
5. The City Manager is hereby authorized to sign and submit all grant documents, including but limited to applications, agreements, amendments and payment requests, which may be necessary for the completion of the grant scope within the current award amount.
6. The City agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations, and guidelines.
The foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin the 14th day of July 2025 and passed at said meeting the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
32 Adam Flores-Cornejo, Mayor
ATTEST:
_______________________________
Matthew Flood, City Clerk
33 RESOLUTION NO. 2025-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN
APPROVING AN AGREEMENT WITH RURAL DEVELOPMENT CENTER FOR
EXECUTING ACTVITIES OF CANNABIS TAX FUND GRANT PROGRAM
THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN DOES RESOLVE AS FOLLOWS:
WHEREAS, the California Highway Patrol has been delegated the responsibility by the Legislature of the State of California for the administration of the Cannabis Tax Fund Grant Program, setting up necessary procedures governing the application; and WHEREAS, the City has applied for and received funds from the California Highway Patrol who was delegated the responsibility by the Legislature of the State of California for the administration of the Cannabis Tax Fund Grant Program in the amount of $194,040; and WHEREAS, this is a community awareness project on the dangers of underage drinking & driving under the influence; and
WHEREAS, the activities associated to this project will take place both in the community and school sites; and
WHEREAS, the City wishes to enter into an Agreement with Rural Development Center to execute the scope of work outlined in this project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Joaquin as follows:
1. The foregoing recitals are true and correct and incorporated by reference.
2. The Council approves the agreement with RDC for executing the scope of work outlined in attached as Exhibit A associated to the aforementioned project.
3. The City Manager is authorized to execute the agreement.
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 14th day of July 2025 and passed at said meeting the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
34 Adam Flores-Cornejo, Mayor
ATTEST:
_______________________________
Matthew Flood, City Clerk
35 AGREEMENT BETWEEN
CITY OF SAN JOAQUIN AND RURAL DEVELOPMENT CENTERS
FOR CONSULTANT SERVICES
This agreement is made and entered into effective on July 15, 2025, by and between the City of San Joaquin, a California municipal corporation (hereinafter referred to as “CITY”) and Rural Development Centers (hereinafter referred to as “CONSULTANT”).
RECITALS
WHEREAS, CITY desires to obtain consultant services in connection with CHP Award 23512 FY25/26 CTFGP Education – City of San Joaquin; and WHEREAS, CONSULTANT is engaged in the business of furnishing technical and expert services in the fields of project management and implementation, and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, this Agreement will be administered for CITY by City Manager.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals which are part of this Agreement and the terms and conditions hereinafter contained, it is mutually agreed as follows:
1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY services as requested by CITY relating to pursuant to Exhibit “A” which is incorporated herein by reference.
2. Term of Agreement . This Agreement shall be effective from the date first set forth above and shall continue in full force and effect through June 30, 2026 subject to any earlier termination in accordance with this Agreement.
3. Compensation.
CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be pursuant to Exhibit “B,” which is incorporated herein by reference.
4. Termination.
Either party may terminate this Agreement at any time by giving notice of such termination (including the effective termination date) at least thirty (30) calendar days before the effective date of such termination. In the event of termination, all finished or unfinished documents, reports, or other materials prepared by CONSULTANT under this Agreement shall become CITY’S property.
CONSULTANT shall be entitled to receive compensation for all satisfactory work completed prior to the effective date of termination.
36 2
5. Indemnification.
To the furthest extent allowed by law, CONSULTANT shall indemnify, hold harmless, and defend CITY and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage), and from any and all claims, demands, and actions in law or equity (including reasonable attorney’s fees and litigation expense) that arise out of, pertain to, or related to the negligence, recklessness, or willful misconduct of CONSULTANT, its principals, officers, employees, agents, or volunteers in the performance of this Agreement.
6. Insurance.
(a) Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit “C” or as may be authorized, and any additional insurance as may be required, in writing by City Manager or her designee at any time and in her sole discretion.
(b) If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. This phrase “fail to maintain any required insurance” shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
7. Nondiscrimination. To the extent required by controlling federal, state, and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran, or veteran of the Vietnam era.
8. Independent Contractor.
In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venture, partner, or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof.
37 3
9. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party which notice is to be given at the party’s address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice.
Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of mailing thereof.
10. Assignment.
This agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights of obligations under this Agreement without the prior written approval of the City Manager or her designee.
11. Compliance with Law. In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California, and CITY, 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.
12. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.
No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
13. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California.
14. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.
15. Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the other provisions.
16. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by 38 4
construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
17. Attorneys’ Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.
18. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.
19. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement shall be null and void.
20. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
21. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary n this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
************************
CITY OF SAN JOAQUIN, a
a California municipal corporation
RURAL DEVELOPMENT CENTERS
By: By:
Elizabeth Cabrera, City Manager Eduardo González, Executive Director
Date: Date:
ATTEST:
39 5
By:
Matthew Flood
City Clerk
40 Exhibit “A”
SCOPE OF SERVICES
Consultant Service Agreement between City of San Joaquin and Rural Development Centers
Performance Measures/Scope of Work
Project Goals and Objectives for "Faces of Prevention: Eyes Wide Open" Each of the proposed three (3) goals and objectives is designed to build a comprehensive, community-driven project to address impaired driving caused by substance abuse. By combining education, collaboration, direct intervention, and empowerment, the Faces of Prevention: Eyes Wide Open project will make a significant impact in reducing impaired driving incidents, improving public safety, and fostering a culture of prevention in the City of San Joaquin (Fresno County) and its surrounding rural areas. The inclusion of quantitative measures ensures that the project's effectiveness is monitored and continually improved, ensuring long-term success.
Goal 1: Shift Public Perceptions on Impaired Driving
Objective: Create community-based activities that engage local residents in the discussion about impaired driving, shifting the public perspective on the dangers of alcohol and drug use.
• Activity: Host monthly community awareness, ten (10), events in the City of San Joaquin at the educational training center and surrounding unincorporated areas (elementary schools, Tranquility High School and community centers) featuring interactive demonstrations such as Fatal Vision Goggles and electric golf carts to simulate driving under the influence.
• Timeline: ten (10) monthly, one per month, events within the project timeline (12 months).
• Quantitative Measurement: At least 1,000 community members engaged annually, with a targeted 15% increase in community knowledge about impaired driving risks by the end of the project year (based on pre- and post-event surveys).
Goal 2: Expand Local Resources for Impaired Driving Education Objective: Increase the number of accessible and impactful community activities aimed at mitigating alcohol and drug-impaired driving. • Activity: Establish quarterly, four (4), educational workshops for both parents and high school students, addressing impaired driving prevention, substance abuse awareness, and safe alternatives to driving under the influence.
41 7
• Timeline: Quarterly workshops, one every three months, within the project timeline (12 months).
• Quantitative Measurement: At least 200 parents and 400 students reached annually through workshops, with a goal of 10% decrease in the number of underage driving under the influence within the project timeline (12 months)
Goal 3: Build a Lasting Culture of Prevention
Objective: Foster a community-driven movement focused on prevention by engaging youth, families, and local organizations in ongoing discussions and peer-led actions. • Activity: Create a youth-led peer mentoring project where high school students are trained to serve as advocates for safe driving behaviors and to mentor younger students.
• Timeline: Launch the project within 6 months, with training sessions conducted twice annually for the duration of the project. • Quantitative Measurement: At least 30 high school students trained and 100 younger students mentored annually, with a targeted 10% increase in the number of students reporting their commitment to avoiding impaired driving.
42 Exhibit “B”
Compensation
Consultant Service Agreement between City of San Joaquin and Rural Development Centers
Travel
Rural Development Centers - Travel $5,040.00
Category Sub-Total $5,040.00
Consultants/Contracts
Rural Development Centers – Grant
Management and
Implementation
$81,340.00
Category Sub-Total $81,340.00
Total Compensation $86,380.00
43 Exhibit “C”
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of San Joaquin and Rural Development Centers
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability.
2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 – Any Auto).
3. Workers’ Compensation insurance as required by the California Labor Code and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT’S profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability.
Minimum Limits of Insurance
CONSULTANT shall maintain limits of liability not less than”
1. General Liability:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate applying separately to the work performed under the Agreement
2. Automobile Liability
$1,000,000 per accident for bodily injury and property damage
3. Employer’s Liability
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
44 4. Professional Liability (Errors and Omissions)
$1,000,000 per claim/occurrence
$2,000,000 policy aggregate
Umbrella or Excess Insurance
In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
Deductibles and Self-Insured Retentions
CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and CONSULTANT shall also be responsible for payment of any selfinsured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the CITY’S Risk Manager or his/her designee. At the option of the CITY’S Risk Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY’S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.
Other Insurance Provisions
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds.
2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers.
3. CONSULTANT’S insurance coverage shall be primary and no contribution shall be required of CITY.
The Workers’ Compensation insurance policy is to contain, or endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:
1. The “Retro Date” must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT.
45 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 5-year discovery period. This requirement shall survive expiration or termination of the Agreement.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of the Agreement, CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days’ written notice by certified mail, return receipt requested, has been given to CITY. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.
Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or authorized by City’s City Manager.
Verification of Coverage
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements re to be received and approved by the City Manager or her designee prior to CITY’S execution of the Agreement and before work commences.
46 RESOLUTION NO. 2025-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN
CONTINUING EXPENDITURES AND REVENUES IN ACCORDANCE WITH THE 2024-2025 CITY BUDGET IN LIEU OF TIMELY
2025-26 BUDGET ADOPTION
WHEREAS, the City Council duly passed the Fiscal Year 2024-2025 budget; and WHEREAS, adoption by the City Council of the Fiscal Year 2025-2026 operations budget will be delayed; and
WHEREAS, the Fiscal Year 2024-2025 Budget will end on June 30, 2025; and WHEREAS, the City Council deems it appropriate to continue the operation of the City services until the passage of the Fiscal Year 2025-2026 Budget at a future meeting.
NOW, THEREFORE, the City Council of the City of San Joaquin resolves as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. The City Council does hereby continue the Fiscal Year 2024-2025 annual budget in full force and effect through August 31, 2025, and authorizes spending in accordance with the levels prescribed in that balanced budget assuming revenues to offset expenditures.
3. Upon adoption of a resolution adopting the 2025-2026 Budget, this resolution shall have no further force and effect.
4. This resolution is effective upon adoption.
(Certification on next page)
47 The foregoing resolution was adopted at regular meeting of the City Council for the City of San Joaquin this 14th day of July 2025 and passed at said meeting by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Adam Flores-Cornejo, Mayor
ATTEST:
I, Matt Flood, City Clerk of the City of San Joaquin, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the San Joaquin Council Chambers on July 14, 2025 by the following vote:
__________________________________________
Matt Flood, City Clerk
48
STAFF REPORT
Date: July 14, 2025
TO: Mayor and Councilmembers
FROM: Elizabeth Cabrera, City Manager
SUBJECT:
Council Consideration of the Yard Sale Ordinance
RECOMMENDATION:
Waive the full reading and introduce Ordinance No. 2025-02, amending Chapter 114 of Title IX of the San Joaquin Municipal Code relating to Yard Sale Regulations.
BACKGROUND:
Council has discussed this topic at various meetings and at its June 3, 2025 meeting directed staff to modify the proposed ordinance to allow for yard sales every weekend. This would apply to both residents and non-profits/churches.
49 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 for use on 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.
50 (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 July 14, 2025 and was passed and adopted at a regular meeting of the City Council held on August 5, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Matt Flood, City Clerk Adam Flores-Cornejo, Mayor
51