AGENDA
CITY OF EL CENTRO
CITY COUNCIL
WEDNESDAY, DECEMBER 7, 2022
City Hall Adjourned Regular Meeting 12:00 PM
CITY HALL
COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
THIS MEETING WILL BE CONDUCTED VIRTUALLY ONLY PURSUANT TO THE PROVISIONS OF THE BROWN ACT (Govt. Code Section 54953(e)).
COUNCIL MEMBERS, STAFF AND THE PUBLIC WILL ATTEND BY TELECONFERENCE.
Any member of the public is invited to submit public comments AND may, but is not required, to do so in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by December 7, 2022.
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PUBLIC COMMENTS AT THIS VIRTUAL MEETING ARE SUBJECT TO THE SAME TIME LIMITS ONCE THE PERSON COMMENTING BEGINS TO SPEAK.
Mayor & Council Members may be reached at (760) 336-8989 Mayor: Tomás Oliva Interim City Manager: Cedric Ceseña
Mayor Pro-Tem: Martha Cardenas-Singh City Attorney: Elizabeth Martyn Evans Council Members: Edgard Garcia City Clerk: Norma Wyles
Sylvia Marroquin
Cheryl Viegas-Walker
12:00 PM OPEN SESSION
ALL TIMES ARE APPROXIMATE AND MAY VARY
Agenda City Council of the City of El Centro December 7, 2022 City of El Centro Page 2
CALL TO ORDER:
ROLL CALL BY CITY CLERK
PLEDGE OF ALLEGIANCE
INVOCATION
12:05 PM (TIME MAY VARY) PUBLIC COMMENTS
The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record. 12:05-12:30 PM NEW BUSINESS
1. Discussion and any necessary action regarding amending Chapter 16, Article XIV of the El Centro City Code related to Garage Sales
PRESENTATION: Angel Hernandez, Community Development Director RECOMMENDATION:
Introduce Ordinance No. 22 , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, AMENDING CHAPTER 16 “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS”, ARTICLE XIV “GARAGE SALES” SECTION 16-413 TO PROVIDE A FEE WAIVER FOR A PERMIT TO
HOLD A GARAGE SALE ON THE SECOND SATURDAY OF EACH CALENDAR
MONTH AND TO INCREASE THE MAXIMUM NUMBER OF GARAGE SALES TO 2 PER MONTH, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
ADJOURNMENT
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.
City Council of the City of El Centro Meeting: 12/07/22 12:00 PM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Ordinance
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
ORDINANCE (ID # 5780) DOC ID: 5780
Discussion and any necessary action regarding amending
Chapter 16, Article XIV of the El Centro City Code related to Garage Sales
CITY MANAGER’S RECOMMENDATION:
Introduce Ordinance No. 22 , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, AMENDING CHAPTER 16 “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS”, ARTICLE XIV “GARAGE SALES” SECTION 16-413 TO PROVIDE A FEE WAIVER FOR A PERMIT TO HOLD A
GARAGE SALE ON THE SECOND SATURDAY OF EACH CALENDAR MONTH AND TO INCREASE THE MAXIMUM NUMBER OF GARAGE SALES TO 2 PER MONTH, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
FISCAL IMPACT:
To be determined
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal 6: Strengthen El Centro’s resilience by diversifying the economy, recruiting new businesses, creating opportunities for business growth, retaining businesses, and maximizing efficiency
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Not applicable
BACKGROUND:
On November 16, 2022, the Community Enhancement Task Force discussed the existing garage sale ordinance. Currently a garage sale permit is $20, except for the first permit issued within a calendar year. A person or premise is allowed to have up to four garage sales per year, no less than 45 days apart. From discussions with residents who apply for garage sale permits, there is a group of them that would take advantage of reforms to the ordinance. In particular an expansion of the four garage sales per year cap.
DISCUSSION:
Staff has prepared a draft ordinance for the consideration of the City Council that would provide greater flexibility and reduce costs for persons wishing to hold a garage sale.
The revisions would allow for a person to hold two garage sales per month and up to twenty-four garage sales per year. Also, the new ordinance would allow garage sales that occur on the second Saturday of the month to be free of charge. Below is a table comparing the differences between the existing ordinance and the proposed ordinance. 1 Packet Pg. 3
Ordinance (ID # 5780) Meeting of December 7, 2022
Existing Ordinance Proposed Ordinance
Maximum Number of
Garage Sales per Year
Four garage sales per year Twenty-four (24) garage
sales per year
Frequency of Garage
Sales
Garage sales dates must be
>=90 days apart
Up to two (2) garage sales
per calendar month
Permit Costs $20 per permit; First permit in
a calendar year is free
$20 per permit; Garage
sales on the second
Saturday of a calendar
month are free of charge
All other requirements and restrictions in the ordinance will remain unchanged. Garage sale permits are only issued to verified residents of El Centro. Residents still need to obtain a garage sale permit, are prohibited from the commercial sale of goods, and are limited to the number and location of signage.
In considering the proposed ordinance, staff is requesting the City Council to consider the following issues that would affect enforcement of the proposed ordinance and possible solutions:
• Staffing - At this time garage sale permits are only available in person. It is expected the proposed ordinance would increase the demand for permits. Since most residents apply for permits on Friday afternoon, all planning, building, code enforcement support staff are made available to process garage sale permits to accommodate the influx of customers.
For the convenience of customers and to free up staff, the Community Development Department will setup an online portal to apply for garage sale permits using MyGov, the city’s permit tracking software. However, that option would only be available for customers who are obtaining a free permit. At this time, we are not capable to process online or phone payments. • Clarity - With any change in the regulations, there may be confusion on part of residents. Community Development staff would prepare public education posts on social media and at the department counter at City Hall explaining the new ordinance. However, some residents may misinterpret the new ordinance which would result in possible violations.
• Code Enforcement - City staff conducts patrols of the city during the weekends for violations and unpermitted construction that may not occur during weekday business hours. During these weekend patrols, they visit every garage sale to verify compliance with garage sale regulations. An expansion of the number of garage sales may result in a greater number of garage sales to inspect, and less time observing other code enforcement violations.
The severity of the aforementioned issues is dependent on increase demand for garage sale permits that cant be forecasted at this time. There is also a question about the number of items a person would need to have in their possession to warrant two yard 1 Packet Pg. 4
Ordinance (ID # 5780) Meeting of December 7, 2022
sales per month. There are individuals who, against the garage sale regulations, purchase new items at stores or wholesale markets for the sole purpose of reselling at a yard sale.
CONCLUSION:
Introduce Ordinance No. 22- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, AMENDING CHAPTER 16 “LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS”, ARTICLE XIV “GARAGE SALES” SECTION 16-413 TO PROVIDE A FEE WAIVER FOR A PERMIT TO HOLD A
GARAGE SALE ON THE SECOND SATURDAY OF EACH CALENDAR MONTH AND TO INCREASE THE MAXIMUM NUMBER OF GARAGE SALES TO 2 PER MONTH, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
ATTACHMENTS:
• Exhibit A -Garage Sale Ordinance (PDF)
1 Packet Pg. 5
12/2022/liz/A22-0243/Ordinance/Garage_Sales Page 1 of 2 ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO, CALIFORNIA, AMENDING CHAPTER 16
“LICENSES AND MISCELLANEOUS BUSINESS
REGULATIONS”, ARTICLE XIV “GARAGE SALES”
SECTION 16-413 TO PROVIDE A FEE WAIVER FOR A
PERMIT TO HOLD A GARAGE SALE ON THE SECOND
SATURDAY OF EACH CALENDAR MONTH AND TO
INCREASE THE MAXIMUM NUMBER OF GARAGE
SALES TO TWO PER MONTH
Section 1. The City Council of the City of El Centro finds as follows:
(a) A number of City residents depend upon the income from garage sales; and (b) It would assist such residents to provide for a free garage sale permit one time per month and to increase the number of garage sales which may be held.
Section 2. The City Council of the City of El Centro does ordain as follows:
Sec. 16-413. – “Limit on permits” is amended to read as follows:
(a) No more than two (2) permits per calendar month shall be issued to the same person or for the same premises. Of those, one such permit must be for the second Saturday of that month as set out in (e) below.
(b) The total maximum number of garage sales which may be held by one person for the same premises is twenty-four (24).
(c) No permit shall be transferable to another person or to another premises. (d) The City Council by Resolution shall set the fees for such permits. (e) Subject to all other applicable provisions of this Article XIV, on the second Saturday of each calendar month, a person may obtain a garage sale permit without payment of a fee.
Section 3. This Ordinance shall take effect thirty (30) days from and after its adoption. Within fifteen (15) days after adoption, it shall be published once in a newspaper, published and circulated within the City of El Centro, California.
INTRODUCED at a continued regular meeting of the City Council of the City of El Centro, California, held on the 7th day of December 2022.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2022.
1.a
Packet Pg. 6
Attachment: Exhibit A -Garage Sale Ordinance (5780 : Garage Sale Ordinance) 12/2022/liz/A22-0243/Ordinance/Garage_Sales Page 2 of 2
CITY OF EL CENTRO
By
ATTEST: Tomas Oliva, Mayor
By
Norma Wyles, City Clerk
By
APPROVED AS TO FORM:
Office of the City Attorney
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL )
ss CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Ordinance No. 22- had its first reading on the day of , 2022, and had its second reading on day of , 2022, and was passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By
Norma Wyles, City Clerk
1.a
Packet Pg. 7
Attachment: Exhibit A -Garage Sale Ordinance (5780 : Garage Sale Ordinance)