HomeMy WebLinkAbout18- Council Office CITY OF SAN BF^NARDINO - REQUEST FOr -OUNCIL ACTION
From: Councilwoman Valerie Pope-Ludlam, Sixth Ward Subject: Increase In Ambulance Rate
r Council Office
Date: March 27, 1995
Synopsis of Previous Council Action:
3-20-95 Resolution to increase rates failed on a 3-3-1 vote.
Recommended Motion:
That the Mayor & Common Council reconsider a resolution to increase ambulance rates in the City.
Signature
Contact Person: Councilwoman Pope-Ludlam Phone: 5378
Supporting Data Attached: Yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct.No.)
(Acct. Description)
Finance:
Council Notes:
/)�
AGENDA ITEM NO. # ��
STAFF REPORT
At the April 17th Council meeting, the Mayor and Common Council
continued the public hearing to increase ambulance transport rates,
and referred the item to Ways and Means for further discussion on
an operating agreement. Administrative staff met with Courtesy and
developed a Memorandum of Understanding (MOU) for Ambulance
Transport. Ways and Means met on April 19th and directed staff to
bring back the item to Council on May 1st.
The MOU includes responsibilities of both the City and Courtesy, an
ambulance rate schedule and definitions of how those rates will be
applied. It also includes a provision to ensure that Courtesy will
accept the assignment from Medicare for ambulance service, a
provision for financial hardship cases, and the ability to inspect
billing records to ensure compliance with these provisions.
Finally, the MOU provides that Courtesy and the City will pursue
priority dispatching and Medicare billing for City paramedic
services. The agreement will continue on an annual basis and may
be dissolved with 90 days written notice prior to the expiration of
any term.
RECOMMENDATION
Adopt resolution.
I
CJ
CITY OF SAN BERNA_ 31NO - REQUEST FC COUNCIL ACTION
STAFF REPORT
At their meeting of March 14,1995 the Bureau of Franchises received the attached
proposal, attached as exhibit "A", from Courtesy Services of San Bernardino Inc. ,
for an increase in the rates for ambulance service. The Bureau of Franchises considered
the proposal and then unanimously recommended to the Mayor and Common Council that
the rate structure listed below be adopted.
AMBULANCE RATES
Present Rate Present Rate Proposed Rate
City of
San Bernardino County of S.B. Courtesy Services
285.62 $285.62
A. Basic Life Support $178.84 $112.29 $112.29
89
$ 8.94 $ 11.80
B. Emergency $ 81.24. $ $ 11.80
C. Mileage $ 16.38 $ 25.23 $ 25.23
D. Wait Time $ 80.40
E. Night
$ 52.18 $ 80.40
F. Each additional patient
fifty percent over charge
for one patient. 419.21 $419.21
G. Advance Life Support $272.00 $ $ 57.40
�
H. E.K.G. Monitoring $ 37.25 $ 57.40 $622.10
I. All Inclusive Advanced $403.74 $622.10
Life Support 69.64 $ 69.64
J. Oxygen $ 22.37 $ 0.00
1 x•00 $
K. Response to call for $ 5.00
ambulance not used 0.00 $ 0.00
L. Rigid Collar $ 45.00 $
75-0264
MEMORANDUM
Date: March 20, 1995
From: Lee Gagnon, Business Registration Supervisor
To: Mayor and Common Council
Subject: Previous Ambulance Rate Increase
------------------------------------------------------
The last ambulance rate increase was granted by
Resolution No. 89-406 on October 16, 1989 . On July 9 , 1991 the
Bureau of Franchises unanimously approved an ambulance rate
increase for Courtesy Service of San Bernardino. The rate increase
was then put on Council Agenda of August 19, 1991 and continued to
September 3 , 1991.
On August 27, 1991 a continuance was requested by Steve
Rice to October 7, 1991. At Council meeting of September 3 , 1991
the rate increase matter was tabled.
Lee Gagnon
C I T Y OF S A N B E R N A R D I N O
INTEROFFICE MEMORANDUM
CITY CLERK' S OFFICE
DATE : March 20 , 1995
TO: Honorable Mayor and Members of the Common Council
FROM: Rachel Clark, City Clerk
SUBJECT: Item S-4 , 3/20/1995 Council Agenda - Ambulance Rates
Increase
COPIES : James Penman, City Attorney; Shauna Clark, City
Administrator
-------------------------------------------------------------------
On March 6, 1995, Agenda Item S3 -- Discuss and take possible
action relative to ambulance service - Council Member Pope-Ludlam -
- was on the Council Agenda. Included with that item was An
Ordinance relating to the setting of ambulance rates .
The motion approved by the City Council on March 6, 1995 was "That
the City Clerk be directed to call a meeting of the Franchise
Bureau as soon as possible after application for ambulance rate
increase has been submitted by Mr. Rice; and two weeks after the
Bureau' s meeting, bring the Bureau' s findings and recommendations
back to the Council for the purpose of considering a rate
increase . " .
A meeting of the Franchise Bureau was called for and held on
Tuesday, March 14 , 1995, at which time the Bureau voted unanimously
to recommend to the Mayor and Common Council that the rate
structure proposed by Courtesy Services of San Bernardino, Inc . , be
adopted.
Pursuant to direction given at the March 6, 1995 meeting, staff was
preparing its report for submission to the Mayor and Council at the
April 3 , 1995 meeting; however, on Thursday, March 16, 1995, the
City Clerk' s Office received a request from Councilwoman Pope-
Ludlam and a telephone call from the City Attorney' s Office
requesting that the item be agendized as a public hearing for
today' s meeting.
Attached is the staff report which was being submitted for the
April 3 , 1995 Council meeting; however, given that the matter is on
today' s Council Agenda, we are submitting it to you for your review
at this time .
I might add that at the time the City Attorney' s Office called to
request that we do everything possible to place this item on the
0✓ ~� S�� 3 c)0�9S � 13
5—�-95
Honorable Mayor and Members of the City Council
March 20 , 1995
Page Two
agenda as a public hearing, I expressed concern that the deadline
had already passed to place a legal ad in The Sun and also
expressed concern that I thought ten days notice of a public
hearing was required. I later learned that the City Attorney' s
Office had, in fact, faxed the publication notice to The Sun. The
City Attorney' s Office has indicated that ten days' notice is not
required in this case .
If you have any questions, please let me know. Lee Gagnon,
Secretary of the Bureau of Franchises, will be present when this
item comes up for consideration.
Rachel Clark
City Clerk
Attachment
§ 660D GOVERNMENT CODE
Historical and Statutory Notes
1990 Legislation See, now, § 66024.
Former§ 66017, formerly § 50076.5,added by Stats. Derivation: Former 6 65962, added by Stats.1984,c.
Stats.1988, c. 418, § 1, relating to juaiciai actions at
which there is an issue whether a development fee is a c. 848, § 1.
special tax, was repealed by Stats.1990, C. 1572 (A.B.
3228), § 21.
i
Notes of Decisions
Construction with other laws 2 Subdivision (bx2) of this section was applicable to
Request for documents 1 residential builders' claims under Const. Art. 18B, § 1
et seq. imposing government spending limitations for
restitution of development fees imposed to reduce
school overcrowding. Trend Homes, Inc. v. Central
1. Request for documents Unified School Dist. (App. 5 Dist.1990) 269 Cal.Rptr.
Failure to comply with subd. (bx2) of this section 349, 220 Cal.App.3d 102. I
cannot be excused on ground that request for docu-
ments would not lead to result favorable to party 2. Construction with other laws
initiating action; purpose of requiring party to request Any action in which a party challenges a residential
documents is not to cause requested entity to discontin- development fee imposed as a "special tax" must com-
ue collecting fees, but to provide party with factual ply with the requirements of § 66008 as well as the
basis for claim prior to filing suit. 'lend Homes, Inc. specific requirements of§ 66017 . North State Devel-
v. Central Unified School Dist. (App. 5 Dist.1990) 269 opment Co. v. Pittsburg Unified School Dist. (App. 1 I
Cal.Rptr. 849, 220 Cal.App.3d 102. Dist.1990)270 Cal.Rptr. 166, 220 Cal.App.3d 1418.
§ 66018. Hearing f
(a) Prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee
or approving an increase in an existing fee to which this section applies, a local agency shall hold a
public hearing, at which oral or written presentations can be made, as part of a regularly scheduled
meeting. Nuuce ui the time and place of the meeting, including a general explanation of the matter
to be considered, shall be published in accordance with Section 6062a.
(b) Any costa incurred by a local agency in conducting the hearing required pursuant to
subdivision (a) may be recovered as part of the fees which were the subject of the hearing.
(c) This section applies only to the adopting or increasing of fees to which a specific statutory
notice requirement, other than Section 54954.2, does not apply.
(d) As used in this section, "fees" do not include rates or charges for water, sewer, or electrical
service.
(Added by Stats.1990, c. 1572 (A.B.3228), § 20.)
Historical and Statutory Notes
Derivation: Former § 54994.1, added by Stats.1987,
c. 696, § 1.
66018.5. Local agency defined
"Local agency," as used in this chapter, has the same meaning as provided in Section 66000.
(Added by Stats.1990, c. 1572 (A.B.3228), § 20.)
CHAPTER 9. PROTESTS, LEGAL ACTIONS, AND AUDITS
Section
66020. Residential housing developments; protest requirements and procedures.
66021. Developments and development projects; protest procedures.
66022. Judicial actions to challenge fees and charges.
66028. Requests for audits of local agency fees or charges; independent auditors; costs; local laws
superseded.
66024. Development fees as special taxes; judicial actions.
66025. Local agency defined.
Chapter 9 was added by Stats.1990, e. 1572(A.B.9228), § 21
Additions or changes Indicated by underllne; deletions by asterisks • ' '
80
f
publication of ad- § 6062. Ten days
aily newspaper was
"ion in a paper is- Publication of notice pursuant to this section shall be for 10
week except one,
nne was Sunday or Y .da s The period of notice commences upon the first day of publica-
Richardson v. To-
tion and terminates at the end of the tenth day, including therein the
first day. Publication shall be made on each day on which the news-
paper is published during the period.
(Added by Stats.1949, c. 1587, p. 2836, § 1. Amended by Stats.1959, c. 954,
hall be for one I p.2984, § 1.)
1 Historical Note
=`- Prior to 1959 the second sentence of thereafter." The third sentence required
this section read: "The period of notice that publication be made in each edition
commences upon the first day of publica- and on each day on which the newspaper
tion and terminates on the tenth day was published.
oe application, see
§ 59927. r Cross References
Petition and notice, publication,see §6021.
Publication of notice to handlers,see Food and Agricultural Code §59647.
ance and notice of 44- Steamers, vessels and boats, notice of execution sale, see Harbors and Navigation Code
§ 495.8.
tion Code § 72026. :
Health and Safety : Law Review Commentaries
on Code § 32372. _ Background and effect of 1959 amend-
went (1959) 34 S.Bar J.694.
.11.
Agricultural Code Library References
Newspapers e=3(4). C.J.S. Newspapers § 7.
Agricultural Code
:ig on creation, see § 6062a. Ten days; two publications in newspaper published
once a week or oftener
Publication of notice pursuant to this section shall be for 10 days
in a newspaper regularly published once a week or oftener. Two
18 et seq. publications, with at least five days intervening between the dates of
509
j § 66621 PUBLICATIONS Title 1
first and last publication not counting such publication crates, are sui-
I ficient. The period of notice commences upon the first day of publi-
cation and terminates at the end of the tenth day, including therein
Is
the first day.
(Added by Stats.1957, c. 1670, p. 3049, § 1. Amended by Stats.1959, c. 954,
p.2984, § 2.)
Historical Note
�.� The 1959 amendment substituted ", with counting such publication dates," for "at
„ at least five days intervening between the ]east six days apart within the period" in
FF UateS W 11176L a11U 1u.aC JILIWICaC1011 uuL i,e St COULI Setltellce.
i
Law Review Commentaries
Background and effect of 1959 amend- Background and general effect of 1957
ment (1959) 34 S.Bar J. 694. addition (1957) 32 S. Bar J.597.
Library References
Newspapers 0=3(4). C.J.S.Newspapers § 7.
Ambulance Service of San Bernardino
Since 1948
Ambulance Rate Increase
REQ UES T
BY
COURTESY SERVICES
OF SAN BERNARDINO, INC
FEBRUARY 28, 1995
EXI?IBIT "A"
Paramedic, Van and Wheeichair Services
338 West Seventh Street San Bernardino, California 92401 714)884-3iH
Courtesy Services of San Bernardino Inc.
requests the Mayor and Common Council
of the City of San Bernardino amend the
portion of City Resolution 89-406 adopted
October 16, 1989 which establishes
maximum rates for ambulance transportation
carriers within the City of San Bernardino
to read as follows:
EXHIBIT "A"
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: Rachel Clark, City Clerk
FROM: Council Office
SUBJECT: Agenda Item for March 20 (Ambulance Rates)
DATE: March 16, 1995
COPIES:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Please take the necessary actions to place the ambulance rates on the Monday,
March 20, agenda. I understand this will require publishing the public hearing in this
weekend's Sun Newspaper. It is essential that the item be heard on March 20.
Thank you for the expeditious action.
4�z;
VALERIE POPE-LUDLAM
Councilwoman, Sixth Ward
VPL:jv
q- ? -,?S) jut,-_ 31
RICHARDS. WATSON & GERSHON
ATTORNEYS AT LAW
A PROPMSOICNAL COPPORATION
GLENN R.WATSON AMANpA P,SV33KIND RICHARD RIC.HAROS
ROOMPTa'BEVERLY RO6ERTC.C=CON
HARRY L aeRSMON BAVRE WEAVER (ti16-1666)
DOUGLAS W.ARGUa OTEVEN H.KAUFMANN
MARK L LAMKEN GARY C.GANG
ARNOLD SIMON JOHN J.HARRIS THtATY_EIQHITM FLOOR
EDWIN e.AOLSR KEVIN 0.E ARR 331 SOUTH HOPE.STAEET
DAROLD 6.►laver ROBIN D.EST RADA March 2 1995
ALLEN E.REORS Y MICHAEL E 1P.WIENER
/ LOB ANGELES,CALJF'OgNIA 00071-1at6
aTCVCN L OORBEY LAUReNCE 4.WIENER
WILLIAM L 127RAU2Z STEVEN r.ORR (216)68644►{
ROBERT M.OOLOrrrco DEBORAH R.HAKMAN FACSIMILE (21�)626-0070
ANTHONY S.OREWAY =Crrr K.BHINTANI
MrrCNELL E ABBOTT MICHACI.a.COLANTVONO
TIMOTHY L NCUPELD TERRY►.KAUPMANN MACIA0 QR QQVNQ96
ROBERT Y.OC Mc rR B.TILDEN KrM WILLIAM K IWAMEii
Q=PgORY W.STEPANICK:H RUBIN D.WEINER
ROCH6U.E BROWNE SASKIA T.ACAMVRA
DONALD UTZRN DAVID M.FLa19HMAN
MICHAELJENKINC KAYSER O.SLIME
WILLIAM B.RUOELL CRAIG A.STEELE 1121939
OAVIO L COWEN MICNeLLa A.CURT19
OVINN M.BARROW T.PETER MEACC OUR FILE NUMBER
CAROL W.LYNCH O6NJAMIN BARNOUW
COLGMAN J.WALSH.JR. TEAENCZ R.SODA 10257-00002
JEFFPEYA.RABIN DOUOLASA CA. N
GRSOORY M.KUNCRT DANIEL L PINES
THOMA'.J M•JIMSO USA M.BOND
MICH- Z MMAL•AONERIS
James E. Penman, Esq.
City Attorney
City of San Bernardino
300 North "D" Street, Room 668
San Bernardino, California 92415
Re: Ambulance Rates with city of San Bernardino
Dear Mr. Penman:
As you are well aware, this law firm's client, COURTESY
SERVICES OF SAN BERNARDINO, INC. ("COURTESY") is currently
involved in litigation with the CITY OF SAN BERNARDINO ("CITY")
and the COUNTY OF SAN BERNARDINO ( "COUNTY") regarding certain
issues as to the authority, if any, of the CITY to regulate
and/or control ambulance services. That litigation is not yet
final so the rights and duties of the various parties remain in
dispute.
COURTESY does not agree or concede that the CITY has
any right to regulate or control the fees COURTESY may charge for
services, but CITY does so contend.
COURTESY has not modified the rates it charges within
the CITY since 1959 and must now act to modify those rates to
conform to current costs.
Simply in an effort to reach settlement of this issue,
COURTESY has prepared an information summary for CITY showing
various fee data which it is willing to submit to CITY for its
review. such submittal is not, however, to be deemed in any way
to be an acknowledgment, concession, or admission that the CITY
EXHIBIT "A"
RICHARDS, WATSON &GERSHON
James E. Penman, Esq.
March 2 , 1995
Page 2
has any such control. Instead, the submittal is being made
simply as part of COURTESY's on-going efforts toward partial or
complete settlement of the litigation and is thus protected by
the provisions of Evidence Cade 9 1152 .
very truly yours,
RICHARDS, WATSON & GERSHON
Steven H. Kaufmann
SHK:;nob
1121939
EXHIBIT "A"
T1'�TPI F.Gib