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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