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Home My WebLink About30-Fire Department MAYOR & COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION MEETING BACKUP MEETING DATE: April 17, 2006 DEPUTY: Linda Hartzel ITEM NO. STATUS 10 Continued to May 1,2006. No backup materials were distributed. 27 Continued to Mav 1, 2006 30 Continued to May 1, 2006 31 Item deleted CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Larry R. Pitzer, Fire Chief Subject: Resolution amending Resolution No. 2005- 147 deleting EMS user fees; and an ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code. - ~pt: Date: Fire April 5, 2006 MC/C Meeting Date: April 17, 2006 Synopsis of Previous Council Action: 04/03/06 03/21/06 06/06/05 02/17/04 11/19/90 The Mayor and Common Council voted to eliminate the Emergency Medical Services User Fees. The Legislative Review Committee discussed the Emergency Medical Service Program user fee and directed staff to eliminate the fees. Resolution 2005-147 the new master fee resolution and repeals resolution no. 2004-252. Resolution 2004-58 repealing resolution no. 90-471 and increasing the fees. Resolution 90-471 establishing emergency medical fees to be charged by the Fire Department and adding Chapter 3.72 to the Municipal Code entitled "User Fees and Medical Services", authorizing the collection of user fees and membership fees for Fire Department Emergency Medical Services. "'l<.:COMMENDATION: 1. Adopt resolution, and 2. That said ordinance be laid over for adoption. " , .~ ,- ,"".,-.; ...,...... " f ..-/1___-( <: / ';> ~ I . / ./ ..' . T' '7 I Signature Contact Person: Larry R. Pitzer. Fire Chief Phone: (909) 384-5286 Supporting data attached: Staff Report. Resolution and Ordinance Ward: Citywide FUNDING REQUIREMENTS: uncil Notes: Amount: Source: (Acct. No.) Finance: w Agenda Item No. ST AFF REPORT SUBJECT Resolution amending Resolution No. 2005-147 deleting EMS user fees; and an ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code. BACKGROUND On November 19, 1990, the Mayor and Common Council established emergency medical fees to be charged by the fire department. Chapter 3.72 authorizes the collection of user fees and membership fees for Fire Department Emergency Medical Services (EMS). The Municipal Code allows the City to charge a user fee to recover costs associated with the delivery of paramedic services for advanced life support and basic life support. The EMS user fees are currently $250 per call. Also, residents of San Bernardino can voluntarily subscribe to the membership program that covers the user fee for EMS. The membership program is designed to assist our city residents with affordable EMS. The annual membership fees are $24.00 for most residents and $12.00 for low-income residents. This membership covers all family members residing within the household. On March 21, 2006, the Legislative Review Committee (LRC) discussed the EMS program and directed staff to place on the Council agenda LRC's recommendation to eliminate the EMS user fees. On April 3, 2006, the Mayor and Common Council voted to eliminate the EMS fees as recommended by members of the LRC. Following up on that decision, this ordinance will repeal Chapter 3.72 of the Municipal Code and the resolution amends the applicable resolution section to eliminate EMS user fees. On October 4, 2004, the city entered into a three-year billing service agreement with Advanced Data Processing Inc. (ADPI) for first responder, paramedic, and membership program fees. Stipulated in the agreement on page 6, paragraph II authorizes either party to terminate this agreement. There is no longer a need for the billing services and the city is requesting to terminate the agreement and will provide a thirty (30) days written notice to ADPI. Fire will continue to provide emergency medical services to the community and the termination of fees will not affect the services provided to the community. FINANCIAL IMPACT Repealing the EMS user fees will result in a loss of $273,500 in annual revenue to the City's General Fund. The EMS program estimated projections were $260,000 for EMS user fees, account number 001-000-4880, and $13,500 for EMS membership, account number 001-000-4342. RECOMMENDA nON 1. Adopt resolution, and 2. That said ordinance be laid over for adoption. 2 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NUMBER 2005-147 DELETING EMS USER FEES AND AUTHORIZING THE FIRE CHIEF TO TERMINATE THE BILLING SERVICES AGREEMENT. 3 4 5 WHEREAS: On April 3, 2006, the Mayor and Common Council voted to eliminate the 6 Emergency Medical Services User Fees as recommended by members of the City of San 7 Bernardino's Legislative Review Committee and directed staff to prepare the requisite documents to 8 9 repeal the applicable ordinance and rescind the applicable resolution to eliminate said User Fees. 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 SECTION 1. That Resolution No. 2005-147, adopted by the Mayor and Common Council on 12 June 6, 2005 establishing a new master fee for city-wide user fees is hereby amended to delete Part 13 IX, Section 7. 14 SECTION 2. That the Mayor and Common Council authorize the Fire Chief to terminate the 15 billing services agreement with Advanced Data Processing, Inc. (ADPI) at such time as ADPI has 16 closed all pending accounts. 17 III 18 19 III 20 III 21 III 22 III 23 III 24 III 25 II I 26 III 27 III 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NUMBER 2005-147 DELETING EMS USER 2 FEES AND AUTHORIZING THE FIRE CHIEF TO TERMINATE THE BILLING SERVICES AGREEMENT. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on 6 the day of , 2006 by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 McGINNIS 12 DERRY 13 KELLEY 14 JOHNSON 15 16 MCCAMMACK 17 18 Rachel G. Clark, City Clerk 19 20 The foregoing resolution is hereby approved this day of ,2006. 21 22 23 PATRICK 1. MORRIS, Mayor City of San Bernardino 24 Approved as to form 25 and legal content: 26 JAMES F. PENMAN City Attorney 27 28 By: 2 ., ORDINANCE NO. 2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.72 OF THE SAN BERNARDINO MUNICIPAL CODE. 3 4 WHEREAS, The Mayor and Common Council voted to eliminate the Emergency Medical 5 Services User Fees as recommended by members of the City of San Bernardino's Legislative Review 6 Committee and directed staff to prepare the requisite documents to amend the applicable ordinance 7 8 and resolution to eliminate said User Fees for consideration by the Mayor and Common Council. 9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ORDAIN AS FOLLOWS: 10 Section 1. Chapter 3.72 of the San Bernardino Municipal Code is hereby repealed and not 11 replaced, but reserved for future use. 12 Section 2. In the event that any provision of this Ordinance, or any part thereof, or any 13 application thereof to any person or circumstance, is for any reason held to be unconstitutional or 14 otherwise invalid or ineffective by an court of competent jurisdiction on its face or as applied, such 15 holding shall not affect the validity of the remaining provisions of this Ordinance, or any part thereof, 16 or any application thereof to any person or circumstance or of said provision as applied to any other 17 person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance 18 would have been adopted had such unconstitutional, invalid, or ineffective provision not bcen included 28 -'1' ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.72 OF THE SAN BERNARDINO MUNICIPAL CODE. 2 3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof, held on 5 day of , 2006 by the following vote, to wit: the 6 7 Council Members: NAYS ABSTAIN ABSENT AYES 8 ESTRADA 9 BAXTER 10 McGINNIS 11 DERRY 12 KELLEY 13 JOHNSON 14 MCCAMMACK 15 16 17 Rachel G. Clark, City Clerk 18 19 20 The foregoing ordinance is hereby approved this day of ,2006. 21 22 23 P A TRICK 1. MORRIS, Mayor City of San Bernardino 24 Approved as to form 25 and legal content: 26 JAMES F. PE:t\i'MAN City Attorney (I .- ;;). By:. 'Ja,,-,....,- ].:, (;"Z1.1~""'.... /"/ f/ 2 27