AGENDA
CITY OF EL CENTRO
CITY COUNCIL
WEDNESDAY, NOVEMBER 15, 2023
City Hall Special Meeting 5:30 PM
CITY HALL
COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
Notice is hereby given that the Mayor of the City of El Centro has called a Special Meeting of the El Centro City Council to consider the item(s) on this agenda.
The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by November 15, 2023.
COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.
To participate and make a public comment in person, via Zoom or telephone, please raise your hand, speak up and introduce yourself.
Join Zoom Meeting:
https://us06web.zoom.us/j/87891871156?pwd=2pH6udIHEyxfaPnym8HaJ3JbWgQyQh.1 Optional dial-in number: 1 (669) 444-9171
Meeting ID: 878 9187 1156 Passcode: 607317
Public comments via zoom are subject to the same time limits as those in person.
Mayor & Council Members may be reached at (760) 336-8989 Mayor: Martha Cardenas-Singh City Manager: Cedric Ceseña Mayor Pro-Tem: Sylvia Marroquin City Attorney: Elizabeth Martyn Evans Council Members: Edgard Garcia City Clerk: Norma Wyles
Tomás Oliva
Sonia Carter
5:30 P.M. CLOSED SESSION - CONFERENCE ROOM "A"
ROLL CALL (Open Session)
Agenda City Council of the City of El Centro November 15, 2023 City of El Centro Page 2
CLOSED SESSION PUBLIC COMMENT:
Any member of the public wishing to address the City Council on any matter appearing on the closed session may do so at this time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. No comments on non-agenda items will be heard at this Special Meeting.
CITY COUNCIL ADJOURNS INTO CLOSED SESSION
CITY COUNCIL CLOSED SESSION
ANTICIPATED LITIGATION
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility of initiation of litigation by the City pursuant to Govt. Code Section 54956.9(d)(4): one case.
NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda. However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order. * Any information provided on the “Speaker Slip” is voluntary and will be public record.
RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 P.M. OPEN SESSION
ALL TIMES ARE APPROXIMATE AND MAY VARY
CALL TO ORDER:
ROLL CALL BY CITY CLERK
PLEDGE OF ALLEGIANCE:
INVOCATION:
Agenda City Council of the City of El Centro November 15, 2023 City of El Centro Page 3
6:05-6:10 (TIME MAY VARY) PUBLIC COMMENTS:
Any person wishing to address the City Council on any matter on this agenda, is asked to complete a “Speakers Slip” and submit it to the City Clerk prior to the start of the meeting. Unless the Mayor extends the time, there is a three-minute time limit for each public comment. No comments on non-agenda items will be head at this Special Meeting.
6:10-6:15 CITY ATTORNEY REPORT ON CLOSED SESSION:
6:15-6:30 NEW BUSINESS:
1. Approval of Resolution Opposing LAFCO action expansion of Pioneer's Memorial Health Care District.
PRESENTATION: Cedric Ceseña, City Manager
RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO OPPOSING THE LOCAL AGENCY FORMATION
COMMISSION’S ACTION OF ANY KIND ON THE EXPANSION OF PIONEERS MEMORIAL HOSPITAL DISTRICT.
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: 11/15/23 05:30 PM 1275 Main Street Department: City Manager's Office
El Centro, CA 92243 Category: Resolution
Prepared By: Norma Wyles
SCHEDULED Department Head: Cedric Cesena
ACTION ITEM (ID # 6198) DOC ID: 6198
Approval of Resolution Opposing LAFCO action expansion
of Pioneer's Memorial Health Care District.
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO OPPOSING THE LOCAL AGENCY FORMATION COMMISSION’S
ACTION OF ANY KIND ON THE EXPANSION OF PIONEERS MEMORIAL HOSPITAL
DISTRICT
FISCAL IMPACT:
Potentially millions of dollars
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
N/A
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
LICENSE, REFERENCE CHECKS, INSURANCE, ETC: N/A
BACKGROUND:
In January 2023, Pioneers Memorial Hospital District (“Pioneers”), at the urging of the LAFCO Executive Director and Supervisor Ryan Kelley, filed a resolution requesting that the District be expanded to the remainder of the County so that Pioneers could become the countywide hospital district. For a variety of reasons, Assembly member Eduardo Garcia introduced AB 918 (with the support of State Senator Padilla). That bill became law on October 8 and actually forms a Countywide Healthcare District. Although AB 918 is the law, the LAFCO Executive Director has indicated that LAFCO will not stop the annexation unless LAFCO withdraws its resolution or a court orders LAFCO to stop.
DISCUSSION:
Therefore, on November 16, LAFCO is going to proceed with a CEQA hearing and consideration of the various steps in the annexation. LAFCO has broad statutory powers to condition annexations; however, one portion of the LAFCO law provides for a city to pass a resolution objecting to the LAFCO action and conditions. The LAFCO Commission is required to give such a resolution “great weight.” The attached resolution states the City’s objections to LAFCO proceeding and must be give consideration at the Thursday hearing. The objections must be based upon financial and service considerations. In this case, the Pioneers expansion will subject the 1 Packet Pg. 4
Action Item (ID # 6198) Meeting of November 15, 2023
remainder of the County to the assessment currently charged only in Brawley, without any corresponding increase in services. It also could damage El Centro Regional Medical Center, which at the present time competes with Pioneers for medical business.
CONCLUSION:
Adoption of Resolution is recommended.
ATTACHMENTS:
• Resolution for LAFCO Item (DOCX)
1 Packet Pg. 5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO OPPOSING THE LOCAL AGENCY FORMATION COMMISSION’S ACTION OF ANY
KIND ON THE EXPANSION OF PIONEERS MEMORIAL HOSPITAL DISTRICT The City Council of the City of El Centro finds as follows:
1. On October 8, 2023, the provisions of AB 918 became law. AB 918 is special legislation for the County of Imperial which provides for the formation of a Countywide Healthcare District to include Pioneers Memorial Healthcare District, among others.
2. Rather than comply with the provisions of AB 918, the Imperial County Local Agency Formation Commission (LAFCO) and Pioneers Memorial Healthcare District have determined to proceed with the expansion of Pioneer’s Memorial Healthcare District to encompass the entire County of Imperial.
3. LAFCO has scheduled a hearing for November 16, 2023 to request Commission approval of such annexation or expansion, among other actions.
In taking any such action, LAFCO must consider certain issues, as set out in Govt. Code Section 56668. In addition, LAFCO must consider those points set out in Govt. Code Section 56668.3, and specifically (a)(4) of that section, which provides for the City to raise objections to the action as an affected agency.
4. Section 56668.3(b) further provides that the Commission shall give great weight to any resolution raising objections to the action that is filed by a city or a district.
5. The City concerns are based upon the following financial and service related concerns:
a. The City is an affected agency because Pioneers assessment would be spread to its property owners and because it owns the property where El Centro Regional Medical Center is located. The recommendation of the Executive Director, if approved by the Commission, will extend the current assessment applicable only within the District (generally City of Brawley) to the property owners of El Centro. There is no
1.a
Packet Pg. 6
Attachment: Resolution for LAFCO Item (6198 : Approval of Resolution Opposing LAFCO action expansion of Pioneer's Memorial Health Care provision in the expansion for improved or increased services to the residents of El Centro. Pioneers Memorial Hospital is a competitor of El Centro Regional Medical Center.
NOW, THEREFORE, THE CITY OF El CENTRO DOES RESOLVE AS
FOLLOWS:
1. The City Council opposes the recommendation by the Executive Officer of LAFCO to approve the expansion of a current Healthcare District to encompass the entire County of Imperial except under the provisions of AB 918.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the 15th day of Nov., 2023.
CITY OF EL CENTRO
By ___________________________
Martha Cardenas-Singh, Mayor
ATTEST:
By ____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By _______________________________
Elizabeth L. Martyn, City Attorney
1.a
Packet Pg. 7
Attachment: Resolution for LAFCO Item (6198 : Approval of Resolution Opposing LAFCO action expansion of Pioneer's Memorial Health Care
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 Resolution No. 23- was duly and regularly adopted a regular meeting of the City Council of the City of El Centro, California, held on the 15th day of Nov.,2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By__________________________
Norma Wyles, City Clerk
1.a
Packet Pg. 8
Attachment: Resolution for LAFCO Item (6198 : Approval of Resolution Opposing LAFCO action expansion of Pioneer's Memorial Health Care