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HomeMy WebLinkAbout06/23/2003 B A K E R S F I E L D Sue Benham, Chair David Couch Jacquie Sullivan Staff: Trudy Slater REGULAR MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Monday, June 23, 2003 1:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA ADEN-DA 1. ROLL CALL 2. ADOPT APRIL 28, 2003 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING DOWNTOWN BUSINESS ASSOCIATION BUSINESS DISTRICT BEAUTIFICATION B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO AMBULANCE ORDINANCE LANGUAGE REGARDING PARAMEDICS (CLARIFICATION ON BLS AND ALS SERVICES AND REQUIRED PARAMEDIC SERVICES) 5. NEW BUSINESS A. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO REQUEST FOR SUPPORT FOR ENVIRONMENTAL/CLEAN AIR BILL PACKAGE (FLOREZ) 6. COMMITTEE COMMENTS 7. ADJOURNMENT B A K E R S F I E L D Alan ager SUe Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMI'I'I'EE Special Meeting Monday, April 28, 2003 1:00 p.m. City Manager's Conference Room 1, ROLL CALL Called to order at 1:01 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan arrived at 1:05 p.m. 2. ADOPT MARCH 10, 2003 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS REGARDING TEMPORARY USE PERMIT PROCESS FOR OFF-SITE AUTO SALES AND RELATED ROADWAY SlGNAGE Development Services Director Jack Hardisty explained the proposed change to the City's existing ordinance would limit transient outdoor businesses to an area not to exceed 400 square feet thereby eliminating parking lot auto sales and attendant signage issues. After discussion, it was motioned and passed to present the ordinance change to Council for its approval. Agenda Summary Report Legislative and Litigation Committee April 28, 2003 Page 2 B. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING DOWNTOWN BUSINESS ASSOCIATION BUSINESS DISTRICT BEAUTIFICATION Mr. Hardisty explained staff and the DBA had met to discuss the DBA's issues regarding downtown sidewalk encroachments and beautification. He also mentioned he had talked with Mr. Lee and there were a number of issues which could use further exploration. There is a need to treat all within a district uniformly. Staff is supportive of encroachment permits requested by property owners as they are more enduring as. well as require only one application and one insurance policy, as opposed to individual shopkeeper permits, each requiring an individual encroachment permit and individual insurance policy. In response to a question from Committee Chairperson Sue Benham, staff responded that caf~ seating is currently allowed through an encroachment permit. Committee Member David Couch asked if there were areas where the streets could be narrowed and sidewalks widened. Mr. Hardisty indicated while widening a sidewalk and narrowing a street could occur in certain areas there was a concern for the safe passage of vehicles and people. Members of the downtown business district spoke, including Ms. Klm Turner and Mr. Jerry Baranowski. Ms. Turner indicated she had received a City encroachment permit in 1999 to allow seating in front of the Stars Theatre. This worked until GET placed a large bus bench there leaving inadequate space for her encroachment. Mr. Tandy indicated staff would work with her to see if her issue could be resolved with GET. Mr. Baranowski indicated his encroachment permit worked very well for his daytime customers. Ms. Cathy Butler, Downtown Business Association, thanked City staff for working with the DBA regarding downtown beautification. She indicated Gumbeaux's and Quizno's indicated to her they had been told they could not have outdoor seating on Chester Avenue. The Committee asked staff to contact these businesses to identify the issues. After discussion, it was agreed staff and the DBA would further review issues and return the item to the agenda at the Committee's June meeting. 5. NEW BUSINESS A, REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS REGARDING THE LEAGUE OF CALIFORNIA CITIES-SUPPORTED ACTION FOR BETTER CITIES "SAVE OUR SERVICES" PROGRAM Ms. Slater explained the League of California Cities had created Action for Better Cities (ABC) to advocate voter approval of constitutional protection of city services and revenues and possible sponsorship for a statewide ballot measure for this purpose. The ABC created the "Save Our Services" program as a funding mechanism to help pay for the costs associated with placing constitutional protection on the ballot. The passage of the resolution of support could serve as a first step in setting up a voluntary employee payroll deduction program for the "Save Our Services" fund. The League/ABC strongly recommends that city officials, informally or formally, meet with all city employee organizations prior to establishing such a voluntary payroll deduction program. Agenda Summary Report Legislative and Litigation Committee April 28, 2003 Page 3 In response to a question from Committee Member Jacquie Sullivan, Mr. Tandy explained payroll' deductions would be voluntary by individual employee and not by unit or department. Mr. Tandy explained that a program to protect city revenues similar to this had been proposed in Montana and was approved by the electorate. What actually occurred was the legislature got around the provisions by making special findings which would allow them to get to local funding sources in spite of the constitutional constraints. After further discussion, the Committee voted 2 to 1 to forward the resolution of support to Council for approval. B. REVIEW, DISCUSSION AND COMMITrEE RECOMMENDATIONS REGARDING A POLICY CONCERNING THE HANDLING OF ANIMALS AT CRASH SCENES Police Captain Bryan Lynn explained the Police Department occasionally drove individuals home from accident scenes and accommodations were made to transport animals as well. There is not a history where this has been an issue within the Department. For large animals, the SPCA could be called for animal transportation. He believed the individual who spoke referenced an incident which was several years old. Ms. Slater indicated Mr. Montgomery had been notified of the Committee meeting. Committee Member Sullivan suggested sending a written response to the individual. The Committee agreed, and Captain Lynn indicated he would be glad to do so. C. REVIEW, DISCUSSION AND COMMITI'EE RECOMMENDATIONS REGARDING INVESTIGATION OF IMPLEMENTATION OF PENALTY FEES FOR REPEATED VIOLATORS OF THE NOISE ORDINANCE Police Captain Neil Mahan explained that in 2002 there were only 13 citations issued for violation of the noise ordinance. The City currently does have a provision which would allow for cost recovery but depending upon the situation, such as requiring a large number of police officers, the cost could be substantial. Committee Chair Benham indicated she had referred the issue to Committee. Due to the small number of incidences, it did not appear to be a cost recovery issue. No further action was requested. D. REVIEW, DISCUSSION AND COMMITTEE RECOMMENDATIONS RELATING TO AMBULANCE ORDINANCE LANGUAGE REGARDING PARAMEDICS (CLARIFICATION ON BLS AND ALS SERVICES AND REQUIRED PARAMEDIC SERVICES) Committee Member Couch posed the question whether the City needed paramedics in non- emergency ambulance situations and, if the answer was no, should the ordinance be changed. Several members of the public spoke regarding the history relating to ALS and BLS services. A discussion ensued on response vs. service charges, ALS vs. BLS in non- emergency situations, the nexus between an ordinance requiring ALS service and Medicare reimbursements, and ambulance mandated responses by the closest available unit. Apparent concern existed over language ambiguity within the current ordinance, and Agenda Summary Report Legislative and Litigation Committee April 28, 2003 Page 4 changes which have occurred in Medicare. A reference was made to Assistant City Manager John Stinson's report to City Council dated March 22, 1995. Mr. Tandy explained Mr. Stinson was the most knowledgeable staff person regarding ambulance rates and issues. He could not be in attendance due to illness. The Committee directed staff to bring the issue back to Committee at its meeting of May 21. 6. COMMrrrEE COMMENTS None. 7. ADJOURNMENT The meeting adjourned at 2:05 p.m. Staff Attendees: City Manager Alan Tandy, Administrative Analyst Trudy Slater, City Attorney Bart Thiltgen; Development Services Director Jack Hardisty; Police Captain Bryan Lynn, and Police Captain Neil Mahan. Other Attendees: Larry Bertolucci, Jerry Baranowski, Ted Nicholas, Steven Garrett, Jason D. Thomasy, Jacqualine Att, Kim Turner, Art Carlock, Cathy Butler, Fred Prinz, Herman Ruddell, Darlene Dennison, Louis Cox, Gene Tackett, and James Burger. (L030428-MIN) BAKERSFIELD OFFICE OF THE CiTY MANAGER MEMORANDUM June 20, 2003 TO: Alan Tandy, City Manager FROM: Trudy Slater, Administrative Analyst III ~ ~ SUBJECT: Encroachment Permit for 1931 Chester Avenue (Stars Theatre and Restaurant) At the Legislative and Litigation Committee meeting of April 28, 2003, the Committee asked staff to try to alleviate concerns over the placement of the large red passenger shelter bus bench currently located in front of the door to the Stars restaurant area at 1931 Chester Avenue. In a telephone conversation with Mr. Chester Moland, Executive Director of Golden Empire Transit, on May 29, he indicated to me he would be willing to move the shelter to the area immediately north of the two trees fronting the building as well as to paint the shelter a color complementary to the building. Before he did this, however, he indicated he would need a letter from Stars stating this was satisfactory. to them. I talked to Ms. Klm Turner of Stars that afternoon. She indicated that which was proposed, although it would partially obstruct the Stars marquee from vehicular traffic moving north on Chester Avenue, was acceptable to her. I offered to draft the letter to Mr. Moland for Stars signature which I faxed to her (with a rough schematic of the new proposed placement) on May 30, 2003. I am unaware of subsequent actions taken by Stars to communicate with GET. P:%&L\M0306201-1931 Chester Attachment cc: Raul Rojas, Public Works Director Bob Wilson, Engineering Technician B A K E R S F I E L 13 OFFICE OF THE CITY MANAGER MEMORANDUM TO: Alan Tandy, City Manager June 4, 2003 FROM: Trudy Slater, Administrative Analyst III ~ ~ SUBJECT: Quizno's and Gumbeaux's At the Legislative and Litigation Committee meeting of April 28, 2003, the Committee asked staff to contact Quizno's and Gumbeaux's regarding a statement made by Ms. Cathy Butler, Executive Director of the Downtown Business Association. Ms. Butler indicated that Quizno's and Gumbeaux's had indicated to her they had been told they could not have outdoor seating on Chester Avenue. Subsequent discussions with Quizno's, Gumbeaux's and City staff indicate that neither business has applied for an encroachment permit along Chester Avenue. Ms. Rhonda Swager, manager/owner of Quizno's, was reached on May 19. Ms. Swager indicated she was very happy with the encroachment she has on 18th Street with her tables and awning. She remembers talking to Ms. Butler about an encroachment on Chester Avenue in relationship to Gumbeaux's, but she did not request nor be denied one. Ms. Swager further indicated she feels that Chester Avenue is too hot to warrant seeking an encroachment permit. I connected With Mr. Michael Thibodeaux, manager/owner of Gumbeaux's, on May 29, 2003. Mr. Thibodeaux explained that he had hired someone to draw up plans for an enclosed eating area which extended into the Chester Avenue sidewalk area. That person contacted Public Works and reported back to Mr. Thibodeaux that he could not have one. Mr. Thibodeaux did not make a formal application for an encroachment permit. He did indicate, however, that he would like to have one for Chester Avenue. I suggested he contact Bob Wilson, Subdivision Engineering Technician, directly at 326-3566 to talk to him about encroachment issues. (Mr. Thibodeaux indicated he had previously been given two City warnings: one for placement of a menu board on the sidewalk and one for a table and chairs on the sidewalk.) Public Works staff concurs with the statements made by the managers/owners. The City was not contacted by Quizno's regarding an encroachment permit along Chester Avenue. While staff was contacted regarding an encroachment for Gumbeaux's, no encroachment permit application was submitted. Staff discussed with the Gumbeaux's representative the issue of the Tapa's (1800 Chester Avenue) encroachment permit application wherein it had been determined that construction of a permanent fence would obstruct public use of the sidewalk area--and denied the fence--but recommended approval of the encroachment to allow outside seating during business hours only along the 18th Street frontage--which would keep the 6-foot sidewalk area (measured from the back of the curb) clear for pedestrians. Please let me know if anything further is needed. P:\L&L~10306042-Quiznos-Gumbeauxs B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM June 20, 2003 TO: Alan Tandy, City Manager FROM: John W. Stinson,~istant City Manager SUBJECT: ALS Ambulance Service Requirement Summary The attached documents provide the background and reasoning for the ALS service requirement in the current ambulance ordinance. In December of 1994 the City received a letter from Hall and Golden Empire Ambulance Companies requesting several changes to the City's ambulance ordinance. They requested that the City require paramedic response to all emergency calls (which they indicated County EMS was to require); adoption of rates through a process similar to that found in the taxicab ordinance; and a clarification of services provided by non permitted providers in the City of Bakersfield. These requests were referred to the Budget and Finance Committee of the City Council. The Committee had staff draft the ordinance changes requested by the ambulance companies and ultimately the proposed ordinance changes were recommended by the Committee and placed on the Council's agenda of February 8, 1995 for consideration. As the February 8th administrative report describes, there were concerns regarding the company's request that all ALS rates be charged for all calls even if paramedic services were not performed. Further, it was not clear that Kern County EMS was going to require ALS as a minimum service level as was earlier indicated. Therefore it was not recommended to change the ordinance to require ALS service. The change in the fee setting process and other language clarification issues requested were recommended for approval. At the February meeting, at the request of the ambulance companies, the proposed ordinance was referred back to the Committee by the Council. Further correspondence was received from Hall and Golden Empire Ambulance Companies describing their desire to have the City "require permit holders to respond paramedics (ALS Service) to all ambulance requests." And further to address the concerns regarding charges to clarify the wording in the resolution establishing ambulance service charges as follows "Advanced Life Support - All 911 responses, responses not pre-arranged within two (2) hours of ambulance dispatch S:~JOHNU=rojects~MB~ALS· Requirement Summary.doc time and non-emergency responses when ALS services are specifically requested or provided" and "Basic Life Support - Pre-scheduled non-emergency ambulance responses when ALS procedures are not requested or provided. The ambulance companies agreed to commit to a two year program to have a joint dispatch system using computer aided dispatch and implementation of automated vehicle Iocators (AVL) in the second year. The ambulance companies also suggested that "all rates would remain unchanged, except that those patients receiving ALS response would be billed for that response" in order to accomplish the dispatch and AVL improvements and they would also "agree to drop the $68.00 per hour charge for Waiting Standby Time." The Budget and 'Finance Committee recommended these changes to the proposed ordinance including the others originally discussed at the February 8th meeting at the meeting of March 22, 1995 where it was given first reading. The ordinance was adopted by the City Council on April 5, 1995. S:~JOHI~Projects~AMB~ALS Requirement Summary.doc · HALL GO i)EN AiV ULA c ' AMBULANCE SERVICE INCORPORATED December 2, 1994 Vice-Mayor Kevin McDermott Budl~et and Finance Committee Bakersfield City Council 1501 Tmxtun Avenue " Bakersfield, CA 93301 - ' ..... Chairman McDermott: Golden Empire Ambulance and HaH Ambulance Service respect~lly request the following changes in the City of Bakersfield Ambulance Ordinance: 1. Require paramedic (ALS) response to all emergency calls. This standard will be required by Kern County EMS when present permits, are renewed. 2. Adopt the system for e~ablishment of rates found in the taxi cab ordinance for emergency medical service. (Item A) 3. There needs to be clarification of services provided by non permitted providers in the City of Bakersfield. We ask adoption of the attached new sections. (Item B) Thank'you for your time and consideration with this most important request. We will have company representatives in attendance at your Budget and'Finance Committee meeting on December 5, 1994. Sincerely, .. --.///~ Sincerely, President, Hall Ambulance .... Peter W. Brandon President, Golden Empire Ambulance cc: Councilwoman Patri~ia $. DeMond Councilman Randy Rowles Assistant City Manager John W. Stinson (Enclosures) $ .50.170--5 .50.200 $.$0.170 Route--Passenger limit in B. It is unlawf~ for any carrier or dfiver of a taxicabs, taxicab to refu~ or n~glect to ~ any orderly A. Every driver of a taxicab who is engaged person or persons upon request anywhere in the · to carry passengers shall take the most direct route city when a taxicab of such carrier is standing in a possible that will carry the passengers safely and regularly assigned taxistand and such service shall expeditiously to their destinations, unless other- be rendered immediately upon r~luest. (Prior code wise directed by such passengers. § 7.$2.170). B. When a taxicab is engaged, the person or persons engaging such taxicab shall have the $.$0.190 Cruising or stopping to solicit exclusive fight to the full and complete use of the passengers---Loading. taxicab and it is unlawful for the carrier or driver It is unlawful for any driver of a taxicab While of such taxicab to solicit or carry additional driving such vehicle to cruise, loiter or stop on a passengers therein: it is unlawful for the carrieror pu_Mic street for the purpose of soliciting pas. driver of the taxicab to permit any lmson other seng~rs or seeking a place in a taxistand which is than the cartier or driver or a paying passenger, to already occupied. It is lawful, however, for such occupy a taxicab whether such taxicab is waiting vehicle wittle proceeding to a regularly assigned employment in a regular designated stand or in taxistand, regularly ~ call station or to the motion upon the public streets: provided, carrier's principal place of business to accept however, that where the city manager finds that employment when hailed from the street or curb; public necessity requires the grouping of provided, that it is unlawful for such driver to passengers in such taxicabs, tbe city manager may . accept ~ at any of the fonowing place: issue a special written permit, which permit shall A. In any marked or unmarked crosswaliK specifically set forth the rules and regulations B. At any regularly established bes stop; under which such passenger grouping is C. At any place in a street except alOngside a permitted. It is unlawful for any driver or carrier tocurb; operate, or permit to be operated, any taxicab in D. Alongside any crab opposite t9 a regularly violation of any of the rules and regulations set establislml and madr~! tra~c safety zone. (Ord. for, h in such special permits. 3189 § 3, 1988: prior code § 7.52.180). C. The number of passengers which may be carried in any vehicle covemd by this chapm, shall $.$0.200 Establishment of rates. be llmi~l to the seating capacity of such vchicle as A. Razs and fares ~ to the public must specified by tbemamtfacuu~. No person shall be be established by filing a rite schedule with the carried in such vehicle who i~ ~ to sham in city by the. person/entity holding a valid permit any way the seating space occupied by anmher, The proposed rates and fares shah also be pub- nor shall any person be carried who is required to fished in a local newspeper of getzml circulation at occupy any space in or on such vehicle which does the time of filing same with the city so as to not provide a seat. (Prior code § 7.52.160). provide adequate pu~c notice. B. The city council must review such rat~ at S.$0,180 Availability of service, a noticed public meeting within sixty days of the A. Taxicab service shall be available at all filing of the rate schedule. If no such .t~*iew is' times by telephone call, by engagement of the held by the city council, the ~t_~ ~nn remain as taxicab when standing at a r~gularly assigned set forth in the schedule and shall take effect sixty stand, or when properly hailed f'mm the street or days from the date said rate schedule was filed cu~o. with the city. If the city coun~ reviews the rate 279 6~aa~.a 2.93) Item A 5.50.210-=5.50.290 schedule within the sixty day period, thc council [ $.$0.260 Refusal to pay fare. may increase, decrease or accept the rates as [ It is unlawful for any pemon to refuse to pay submitted. The rate, as increasod, decreased or [ the authorized fare of any of the vehicles accepted by the dty council, shall take effect sixty [ mentioned in this chapter after having employed days from the date said rate schedule was originally filed with the city. (Ord. 3490 § 1, [ the same, and it is unlawful for any person to hire : . any vehicle covered by this chapter with intent to 1992: prior code § 7.52.180). defraud the person from whom it is hired, or engaged, 'of the value of such service. (Prior code $.$0.210 Waiting time. § 7.52.240). For the purpose of this chapter "waiting time" means the time consumed while tbe taxicab is not $.20.270 Carrier responslbillty, requiring in motion at the direction of a passenger and also operation by permit holder. the time consumed while waiting for a passenger It is urtlawfu~, for any carrier, as defined in after having responded to a call, but no charge subsection A of Section 5.50.010, to permit the shah be made for the time consumed by the operation of any vehicle governed or affected by prmnatum response to a call, or for the tim three this chapter by any person other than a h01d~ of a minutes following timely arrival at any location in driver's permit as required by Section 5.50.290. response to a call or for the time lost through (Prior code § 7.52.250). traffic interruptiom or for delays caused by the inefficiency Of the taxicab or its d~mr. 0~iorcode $.$0.280 EmPloyment of drivers. · § 7.52.200). A. Vehicles covered by this chapter shall be · operated only by the carrier or by a person, or $.$0.240 Charging other than persons, employed by the carrier or by such other established fares prohibited, persons who have been issued a pennit lXumant to It is unlawful for any cartier, or any agent or this chapter who have leased a taxicab on a employee thereof, or any driver or operator of any cotmacnml basis with a carrier. vehicle covered by this chapter, to char~, collect, B. The carrier may enter into a contract, demand, receive, awange, soticit or bargain for agreement, or understanding whereby a person any amount of compensation other than the'rates or may lease a vehicle from the carrier to opera~-as a fares established and authorized by this chapter, taxicab. In the event that the cartier enters such (Prior code § 7.52.220). agreem~ the cartier and the lessee shall ~_~¢h be responsible for assuring that them is compliance $.$0.250 Display of rates, with the provisions of this chapter. (Ord. 2799 § Every taxicab used or operated under this 2, 1983: prior code § %52.260). chapter shall, at all times, have displayed ~ a location, or locations, and in a manner, which has $.$0.290 Driver's permlt~Appileatlon~ been approved by the chief of potice, the rates to Fee.Age restrictions-= be charged for such taxicab service, and which Explratlon~Renewal._Change rates shall always be visible to rtl passengers in of carrier--Duplicates. such taxicab. (Ord. 3189 '§ 8, 1988; prior code § A. It is unlawful for any person to drive, 7.52.230). operate or be in charge of, any texicab governed or affected by this chapter, without having first olxained a driver's permit, issued pursuant to this Chalxer to do so. (Bd~d'Ldd 2~) 280 Item A Con't No ambulance service, except a permitted service, shall, but for the exceptions below, provide Emergency Medical Services for any ambulance calls originating within the City of Bakersfield, CA IL Exception~ A non permitted provider may provide service for ambulance calls within the City Limits Of BakerSfield. 1. Upon request by any Law Enforcement or Governmental Agency having jurisdiction within the City of Bakersfield. 2. Upon request ofa permitee, when such permitee does not have an ambulance or level of service immediately available within the City of Bakersfield, and when ambulance service is immediately required. 3. To provide medically required specialized transportation services not immediately available: For a patient within the City of Bakersfield, if such specialized services have hereto for been approved by Kern County Emergency Medical .Services. B; Definitions: 1. Emergency Medical Services. The services needed to provide urgent Medical Care in a. condition or situation in which an individual has a need, fo~' immediate Medical attention or wherethe potential for ~uch need is perceived by Emergency Medical Personnel, a Public Safety Agency, or with respect to interfacility transfers qualified Medical Personnel of the transferring facility. Any transportation needs pursuant to a request for an ambulance operating under a permit issued by the commissioner of the California Highway Patrol or the attendance of Certified Emergency Medical Personnel or Licensed Medical Personnel shall be deemed the providing of Emergency Medical Services. Item B HALL uo,.,)sN :mv~n~ -4dVmUX'a~CE ': "AMBULANCE ~ SERVICE . INCORPORATED October 26, 1994 Bakersfield City Couacil 1501 Truxtun Ave. Bakers. CA. 93301 Council Members: The Health Care Industry is experiencing major changes. The changes are Coming swiftly and are also impacting ambulance reimbursements. Managed health care Will be available to Medi-Cal patients in 1995. Medicare is implementing some raclical changes in its payment system for medical transportation beginning January 1995. City ambulance rates have not been reviewed since February 18, 1993. We believe it is time to also review'the system by which the City Council sets ambulance rates. We respectfully request that the issues of the system of rate review and the present city ambulance rates be referred to the Budget and Finance Committee. Sincerely, Sincerely, Peter W. Brandon President, Hall Ambulance President, Golden Empire Ambulance Item C SERVICE INCORPORATED TO: Vice Mayo__~mond, Chair Budget & Finance Committee FROM: Harvey L. H~: resident Hall Ambulanc Service, Inc. Peter Brandon, President/~ , Golden Empire AmbulanL'~ RE: Proposal for Budget and Finance Committee Monday, March 6, 1995 (Noon) DATE: March 2, 1995 For your information we have attached the training reqUirements for EMT-1 Basic Life Support (BLS) Service (Exhibit A) and Paramedic Advanced Life (ALS) Service (Exhibit B) personnel. It is easy to understand why ALS service is more expensive and how citizens of Bakersfield would be better served if ALS ambulance response was mandated in the City of Bakersfield Ambulance Ordinance. We believe it is time to implement a system.which dispatches the closest available ambulance tO all life threatening calls in the City of Bakersfield. This system would save valuable time by sending the closest ambulance to life threatening emergencies, Golden Empire Ambulance and Hall Ambulance would commit to a two (2) year time frame for developing this type of operation. Implementation would be as follows: (a) First year joint dispatch system using Computer aided dispatch (b) Second year joint dispatch system employing a vehicle locator network. This higher level of service can be accomplished with the following actions by the' Bakersfield City Council: (a) Add a requirement to the Bakersfield City Ambulance Ordinance requiring permit holders in the City of Bakersfield to respond paramedics (ALS Service) to all ambulance requests. Vice Mayor Pat Demond March 3, 1995 · Page 2 (b) The wording under BLS and ALS charges in the resolution establishing ambulance service charges would be clarified: Advanced Life Support - All 911 responses, ~'esponses not pre-arranged within two (2) hours of ambulance dispatch time and non-emergency responses when ALS Services are specifically requested or provided. Basic Life Support - Pre-scheduled non-emergency ambulance responses when ALS procedures are not requested or provided. (c) All rates would remain unchanged, except those patients receiving ALS response would be billed for that response, and pay a fair price for the service being provided. In order to streamline ambulance charges we have agreed to drop the $68.00 per hour charge for Waiting Standby Time. Thank you for your consideration and attention regarding these issues. Representatives will be in attendance at your committee meeting on Monday, March 6, 1995 to respond to questions. EMT-1 110 Hours of Classroom Training in: - Basic Emergency Medical Care - Wound care - Treatment of Fractures - CPR - Airway Management - Oxygen Administration - Emergency Vehicle Operations - Treatment of Shock · - 8 Hours Experience in the Emergency Department - 8 Hours Ambulance Experience - EXHIBIT A - PARAMEDIC One Year Experience as EMT-1 800 - 1,000 Hours of Advanced Training in Emergency Medicine ClassrOom Education: - Anatomy and Physiology - Medical Legal Problems - PharmacologY = CardiologY - OB/GYN - Pediatrics - Neuro Emergencies - Endocrine Disorders - Respiratory Emergencies - Trauma Management = Medical Docume,ntiation Advanced Skills Training: - Airway Management (Peds/Adult Intubation Cricothyrotomy) - Defibfillation/Cardioversion - Intravenous Line Placement - Tension Pneumothorax Decompression - Nasogastric Tube Placement I Hospital Clinical Rotations - Emergency Department (80 hours) - Surgery (80 hours) - Labor/Delivery (40 hours) - Intensive care (40 hours) Field Internship with Paramedic Preceptor 500 - 700 Hours Paramedics are required to diagnose/treat and transport patients that are ill/injured. Paramedics are frequently called upon to make judgements and treat patients prior to contact with other medical professionals (physicians) calling on their advanced training and experience to adequately provide medical care for a.cutely ill or injured patients. - EXHIBIT 8 - ADMINISTRATIVE REPORT MEETING DATE: February 8, 1995 I AGENDA SECTION: New BusinesS.. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD DATE: January 27, 1995 city ArroR CITY M.~AGER~~I~ SUBJECT: An Ordinance amending Subsections C and F of Section 5.10.010, Sections 5.10.020, 5.10.030, 5.10.060, 5.10.070, 5.10.100, 5.10.110, 5.10.120, 5.10.140, and 5.10.150; and repealing Sections 5.10.040 and 5.10.080 of the Bakersfield Municipal Code relating to Ambulances. :ECOMMENDATION: Staff recommends First Reading of 0rdJnance. BACKGROUND: These proposed changes to the Ambulance Ordinance are in response to a request from the two city ambulance providers and the need for clean up language recommended by the City Attorney to bring these regulations in conformance with current practices and conditions of regulatory oversight. The Ambulance providers requested the following changes to the Ordinance: 1. Require paramedic Advanced Life Support (ALS) response to all emergency calls. 2. Adoption of the system for establishment of rates found in the taxi cab ordinance for emergency medical service. 3. A clarification of services provided by non permitted providers in the City of Bakersfield. The ambulance companies indicated that their first request was needed because (ALS) response would be required by Kern County EMS when present permits are renewed. Currently there is no requirement and both providers provide Basic Life Support (BLS) and Advanced Life Support (ALS or paramedic) services within the City. There is a rate differential based on the level of service actually provided. The companies are requesting that ALS rates be charged in responding to all calls ~. yen if paramedic services are not performed. This would have a significant negative impact on · consumers of ambulance services. Kern County EMS Director Fred Drew, indicated in a memo to Janual~ 30. 1~$. 9:03am ADMINISTRATIVE REPORT ' ~uis Cox, Operations Manager for Hall Ambulance, that his, "intent is to change all permits to adicate the specific area covered and the level of service..." and further that, "...the Ordinance only requires ALS/BLS service as an absolute minimum standard by an ambulance company." He also indicated that the issue of the ALS/BLS standards would be studied further when time approaches for permit renewal. Mr. Drew has indicated that a requirement for ALS service as a minimum is not certain, and dependent upon decisions by policy making bodies such as the City Council and Board of Supervisors. Currently, both city ambulance providers staff on a regular basis or try to staff ALS equipped ambulances for emergency response within the City. However, due to the lack of a requirement by the County to provide ALS level of service the first change to the ordinance is not recommended at this time. The second request for a new system for rate setting was reviewed by staff from the City Manager's and City Attorney's offices. Based upon meetings between staff and ambulance company representatives the proposed new rate setting process which includes a public hearing and specific dates for requests and rate implementation is recommended. The proposed ordinance provides for submittal of an application to change rates by the ambulance providers prior to January 1st each year. The City Council may then increase, decrease, accept or alter the proposed ambulance rates following a public hearing within 60 days. New ambulance charges would go into effect on April 1st. The issue of a review of current rates is still before the Budget and Finance Committee pending a ~ecific proposal by the ambulance providers. The proposed ordinance has 1995 time frames for the ,dew rate review process. Any 1995 rate changes would go into effect July 1st, 1995. Ambulance providers would have to pay the cost of the new application and hearing process in conformance with the cost. recovery ordinance. Fees will have to be established in order to recover these costs. It is anticipated that the earliest this could occur would be April 1st 1995. Therefore, these charges would only be recoverable after that has occurred. Although only preliminary information is available it is estimated-the fee would be approximately $150 to $200 depending on direct costs and the staff time required. Finally, their third request is included in new language in section 5.10.020 which clarifies conditions where non-permitted ambulances may operate within the City. Againstaff met with ambulance company representatives to develop appropriate language. In addition to provider requested language changes were made to update the ordinance. For example the "Health Officer" no longer oversees ambulances in the County, this is done by the "County EMS Director". Also when the current City ambulance ordinance was adopted the County did not have an ordinance regulating ambulances. The proposed ordinance recognizes the need for city operators to conform to the County ordinance (with the exception of rate regulation) in addition to state law. The above changes were reviewed by the Budget and Finance Committee who support the proposed ordinance. otaff recommends adoption of the proposed ordinance. Januar~ 30, 1095, 9:03am ADMINISTRATIVE REPORT TO: Honorable Mayor and City Council · APPROVED' FROM: John W. StinSon, Assistant City Manager DEPARTMENT HEAD ~ DATE: March 10, 1995 CITY ATI'ORNEY ~ CITY MANAGER ~ SUBJECT: Amendments to Ambulance Service 1. Ordinance amending Subsections C and Fof Section 5.10.010, Sections 5.10.020, 5.10.030, 5.10.060, 5.10.070, 5.10.100, 5.10.110, 5.10.120, 5.10.140, and 5.10.150; and adding Section 5.10.125 and Repealing Sections 5.10.040 and 5.10.080 of the Bakersfield Municipal Code Relating to Ambulances. 2. Resolution Establishing Ambulance Service Charges. RECOMMENDATION: Staff recommends first reading of the Ordinance and adoption of the Resolution. BACKGROUND: These proposed changes are in response to several requests from the two city ambulance providers to amend the City's Ambulance Ordinance and Resolution Establishing Service Charges, and the need for clean up language recommended by the City Attorney to bring these regulations in conformance with current practices and conditions of regulatory oversight. The Ambulance providers requested the following changes to the Ordinance: 1. Require paramedic level Advanced Life Support (ALS) response to all ambulance requests. 2. Adoption of the system for establishment of rates found in the taxi cab ordinance for emergency medical service. 3. A clarification of services provided by non permitted providers in the City of Bakersfield. In order to improve emergency ambulance response both providers are committing to the two year implementation of improved ambulance dispatch. This includes implementing a joint dispatch system sing computer aided dispatch (year one) and joint dispatch employing a vehicle loeator network (year .~vo). To accomplish this the ambulance companies have requested that the City require ambulance permit holders in the City to respond paramedic-equipped ambulances (ALS Service) to all ambulance service requests within the City of Bakersfield. Currently there is no requirement and both providers .ADMINISTRATIVE REPORT ,rovide Basic Life Support (BLS) and Advanced Life Support (ALS or paramedic) services within the Sity. There is now a rate differential based on the level of service actually provided. Currently, both city ambulance providers staff on a regular basis or try to staff ALS equipped ambulances for emergency response within the City. The Companies have requested that all 911 responses, not pre-arranged within (2) hours of ambulance dispatch time and non-emergency responses when ALS Services are specifically requested or provided would be billed at the ALS rate. Pre-scheduled non-emergency ambulance responses when ALS procedures are not requested or provided would be billed at the BLS rate. All rates would remain unchanged, with the exception of the elimination of the $68.00 per hour waiting charge which is being dropped to streamline the ambulance charges. This charge is a charge that can result in disputes over which party caused the ambulance to wait. The second request, for a new system for rate setting, was reviewed by staff from the City Manager's and City Attorney's offices. Based upon meetings between staff and ambulance company representatives the proposed new rate setting process which includes a public hearing and specific dates for requests and rate implementation is recommended. The proposed ordinance provides for submittal of an application to change rates by the ambulance providers prior to January 1st each year. The City Council may then increase, decrease, accept or alter the proposed ambulance rates following a public hearing within 60 days. New ambulance charges would go into effect on April 1st. If the ordinance is approved the next opportunity for rate review would be January 1996. Ambulance providers would have to pay the cost of the new application and hearing process in conformance with the cost recovery ordinance. Fees will have to be established in order to recover these costs. Although only prelimin'ary information is available it is estimated the fee would be approximately $150 to $200 depending on direct costs and the staff time required. Finally, their third request is included in new language in section 5.10.020 which clarifies conditions where non-permitted ambulances may operate within the City. Again staff met with ambulance company representatives to develop appropriate language. In addition to provider requested language changes were made to update the ordinance. For example the "Health Officer" no longer oversees ambulances in the County, this is done by the "County EMS Director". Also when the current City ambulance ordinance was adopted the County did not have an ordinance regulating ambulances. The proposed ordinance recognizes the need for city .operators to conform to the County ordinance (with the exception of rate regulation) in addition to state law. The above changes were reviewed by the Budget and Finance Committee who support adoption of the proposed ordinance and resolution. Staff recommends adoption of the proposed ordinance and resolution. .rS MC22CM3.DB M~rch 13, 1995. 10:$4am ORDINANCE NO. AN ORDINANCE AMENDING SUBSECTIONS C AND F OF SECTION 5.10.010, SECTIONS 5.10.020t 5.10.030t ..5.10.060~ .. 5.10.070~ 5.10.100~ 5.10. 110~ 5.10.120~ 5.10.140, AND 5.10.150; AND ADDING SECTION 5.10.125 AND REPEALING SECTIONS 5.10.040 AND 5.10.080 OF THE BAKERSFIELD MUNICIPAL . CODE RELATING TO AMBULANCES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsections C and F of Section 5.10.010 of the Bakersh field Municipal Code are hereby amended to read as follows: 5.10.010 Definitions C. "Ambulance servicecharges" means any charge, fare.;:-. or other consideration for ambulance service, as set-forth in Section 5.10.120. . F. "E.M.S. director" means and refers to the public official in charge of emergency medical services for the County of Kern, State of California, or his duly authorized representative.. SECTION 2. Section 5.10.020.of the Bakersfield Municipal Code. is hereby amended to read as follows: 5.10.020 Certificate of public convenience and necessity - Required - Exceptions. A. Except as provided in subsection B of this section, no person shall engage in the ambulance business without first obtaining a certificate of public convenience and necessity the city as provided in this chapter. This certificate shall addition to any business license required by Chapter 5.02 of this code. B. A provider without a certificate of public convenience and necessity may provide ambulanceservice within the city under the following circumstances: 1. Upon request by the city manager or his designee. 2. Upon request of a certificate holder and upon approval of the city manager or his designee, when no certificate holder has an ambulance or.level of service immediately available within the city, and when ambulance service is immediately required. 3. To provide medically required specialized transportation services not immediately available for a patient within the city, if such specialized services have heretofore been approved by the E.M.S. director, and if authorized by the city manager or his designee. SECTION 3. Section 5.10.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.10.030 Certificate of public convenience and necessity - Required. Any person desiring to obtain a certificate of public convenience and necessity shall make application therefor 'upon forms available from the office of the city manager. Each application shall be accompanied by a policy of insurance in the amount provided for by this chapter. The application shall incl'ude~ the fOllowing information: ~.' ~. A. The name of the applicant and trade name, if any, under which he or she intends to conduct the business; or if-a corporation, its name, date and place of incorporation, address of its principal place of business, and the names of its principal officers, together with their respective residence addresses; or if a partnership, association or unincorporated company, the names of the partners~ or of the persons comprising such association or company, and the business and residence address of each partner or person; B. A description of each ambulance or other vehicle used or proposed .to be used by the applicant; C. The address and a description of the premises at which the applicant proposes to maintain .and ~ operate such' D. The applicant shall furnish any and all additional'? information as the city manager may, in his discretion, ~equire. E. The applicant shall pay a fee not to eXc~ed"t~ CbS~'~, of processing any such application and inspecting such business as set forth in section 3.70.040. SECTION 4. Section 5.10.060 'of the Bakersfield Municipal Code is hereby amended to read as follows: 5.10.060 Certificate of public convenience and necessity - Issuance. A. The city manager shall consult with the chief of police and the E.M.S. director to determine the ability of the applicant to conduct the business in accordance with laws of Kern County, the state and city ordinance. B. The city manager shall not issue a permit pursuant to this chapter unless he finds as follows: 1. That the application is complete and truthful; 2. The applicant is financially responsible;-' 3. The applicant will conduct said project in an orderly, proper and lawful manner; 4. The applicant has not had a permit, issued in the past three years under this chapter, revoked, unless the city manager finds that the reasons for such revocation are unrelated to this application; 5. Neither the applicant nor any listed partner, manager or principal of the business has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which appIication is made, unless he has obtained a certificate of rehabilitation; 6. That neither the applicant nor any manager of the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; 7. The ·applicant is adequately insured, as required by this chapter; 8. The applicant has satisfied the requirements of this chapter and has complied with all laws of the state and ordinances of the city applicable to the proposed business 9. Each ambulance described' in the ap~l'icat~6~ will be adequate and safe for the purposes for which it is 'to be used, is not more than five years old and it will be equipped as required by this chapter and the laws of the state; 10. The public convenience and necessity require the operation of such Private ambulance business within the limits of the city; and 11. That. the applicant has a valid Operational permit issued by Kern County. SECTION 5. Section 5.10.070 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.10.070 Certificate of public convenience and necessity - Notice of decision by city manaqer. The city manager shall give the applicant written notice of his decision to grant or deny a certificate of public necessity and convenience within ten days of the hearing and shall state the reasons for his decision. SECTION 6. Section 5.10.100 of the Bakersfield Municipal Code is hereby amended'to read as follows: 5.10.100 gertificate of public convenience and necessity - Suspension and' revocation.. Any certificate issued pursuant to this chapter may be revoked by the city manager whenever he finds: A. That ' ' misrepresentations were made on the application; or B. That the applicant has been convicted of a crime substantially related to the qualifications, functions or duties of the ambulance business, unless he has obtained a certificate of rehabilitation; or c. That the applicant has done any act involving dishonesty, fraud or deceit with the intent to .substantially benefit himself or another, or substantially injure~another; or D. That any of' the terms or' 'conditions of"~:said certificate have been violated, or that the business has operated in violation of local, state or federal law; or - 4 - E. The certificate holder has abandoned its operation of the ambulance business for a period of thirty days; acts of God, labor.disputes and other acts beyondthe control of the certificate holder which cause abandonment or'limitation of'service'shall not be considered an abandonment within the meanlng of th~s sectlon,"or'- F. No suspension or revocation shall be made effectiV~'~ until a hearing has been held by the'city manager. The certificate holder shall have not less than ten days' notice of the hearing by certified mail. SECTION'?. Section 5.10.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.10.110 Compliance with state law required. No certificate of public convenience or necessity shall be issued until satisfactory proof of compliance with laws of Kern County, except as to ambulance rates, and the state.in respect to ambulance operations is furnished to the city manager. SECTION 8. Section 5.10.120 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.10.120 ~ulance service charges. A. Charges for ambulance services shall be set by the'"' following procedure: 1. Any certificate holder may file an application to alter the current rate schedule with the city prior to January i of the year it wishes the schedule to take effect· Such application shall be filed with the City Clerk, accompanied by a proposed schedule of charges, and a fee not to exceed the cost of processing any such application and reviewing such rates as set forth in Section 3.70.040. 2. The city council must review charges at a noticed public hearing within sixty days of January I of the year in which the rates are proposed to change. The proposed charges shall be published as set forth in section 6062a of the Government Code. 3. At the public hearing, the council .may.. increase, decrease, accept or alter'in any other'way the chargeSa, s'.:' submitted. The charges,, as increased, deCreased/, accepted '0~'~' altered by the city council, shall take effect on April i following the public hearing. SeCtion 5.10.140 of the' Bakersfiel Pal hereby amended to read as follows: ..... ~'' -' . ...... ' 5.10.140 ~eplacement of vehicle. Annually, each" certificate holder shall file With city manager a description of the vehicle abandoned and description of the vehicle placed in use; SECTION 10. Section 5.10.150 of the Bakersfield Municipal Code is hereby amended to read as follows- s.10.150 A. Should any applicant be dissatisfied with the decision of the city manager or his designee not to grant a certificate or for the revocation of a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The`. council may, upon said hearing, sustain, suspend or overrule the decision of the city manager, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 11. Section 5.10.125 is hereby added to the Bakersfield Municipal Code to read as follows: 5.10.125 Level of service. Ail permit holders in the City of Bakersfield shall respond to all calls for ambulance service with paramedic-staffed and equipped ambulances (Advanced Life Support "ALS" service) within the'Cit~ of Bakersfield. " . : SECTION 12. " :' ~.- .:~i:~ ~.~; Section 5.10.040 entitled "Certificate of Public Convenience and Necessity-Investigation of Applicant" and Section 5.10.080 entitled "Certificate of Public Convenience and Necessity- - 6 - Existing Businesses-PresumPtion of Public Convenience and Neces- sity'' of the Bakersfield Municipal Code' relating to AmbulanCes are hereby repealed. SECTION 13. This Ordinance shall be poste~ in accordance with provisions of the~Bakersfield Municipal Code and shall become effective thirty (30) days from'and after the date of its passage. · ' o0o RESOLUTION NO. A RESOLUTION ESTABLISHING AMBULANCE SERVICE CHARGES. WHEREAS, Section §.10.120 of the Bakersfield Municipal Code requires the City Council to set, by resolution, ambulance service charges from time to time; and WHEREAS, the City Council has considered changes proposed by the ambulance operators in the City of"Bakersfield; and WHEREAS, the City Council has determined that some change is necessary to.provide for an appropriate medical response by ambulance operators; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that the charges for ambulance service are hereby set as follows: Basic Life Support ("BLS") $ 255.00 (includes prescheduled non-emergency responses when ALS procedures are not requested or performed) Advanced Life Support ("ALS") $ 470.00 (includes all 911 responses, responses not pre'arranged within two hours of ambulance dispatch time and non-emergency responses when ALS services are specifically requested or provided) Mileage $ 12.00 (per mile from pick-up point to delivery point) Night charge $ 54.00 (7:00 p.m. to 7:00 a.m.) Emergency Response $ 40.00 (911 responses and Code 3 use during response or transport for private emergency calls) Oxygen $ 46.00 (per cylinder or portion thereof used) The above rates are all-inclusive rates and additional service charges shall not be added thereto. The above rates shall take effect at 8:00 a.m. on March 23, 1995. .o0o li [ :;::. J,¢'"'l.ii HALL i;'! ...... "'il AMBULANCE I SERVICE INCORPORATED TO: Vice Mayor at lem.ond. Chair Budget & Finance Committee. FROM: Harvey L. esident ' · Hall Ambulanc Service, Inc. ' Peter Brandon. Presideni " Golden Empire ..-~nbulani"6 RE: Proposal for Budget and Finance Committee Monday, March 6, 1995 (Noon) DATE: March 2. 1995 For your information we have attached the training requirements for EMT-1 Basic Lite Support (BLS) Service (Exhibit A) and Paramedic Advanced Life (M..S) Service (,Exhibit B) personnel. It is easy to understand why ALS service is more expensive and how, citizens of Bakersfield would be better sec'ed if..SdL. S ambulance response was ma'ndated in the City of Bakersfield Ambulance Ordinance. We believe it is time to implement a system which dispatches the closest available ambulance to all life threatening calls in the City of Bakersfield. This system would save valuable time bv sending the closest ambulance to life threatening emergencies. Golden Empire Ambulance and Hall Ambulance would commit to a two (2) year time frame for developing this type of operation. Implementation would be as t'ollows: (a) First year joint dispatch system using computer aided dispatch (b) Second year joint dispatch system employing a vehicle Iocator network. This higher level of service can be accomplished with the tbllowing actions by the Bakersfield City Council: (a) Add a requirement to the Bakersfield City Ambulance Ordinance requiring permit holders in the City of Bakersfield to respond paramedics (ALS Service) to all ambulance requests. Vice Mayor Pat Demond March 3, 1995 Page 2 (b) The wording under BLS and ALS charges in the resolution estabiishing ambulance service charges would be clarified: ..Advanced Lif'e Supuo~ - AIl"91 ! responses, resp0ns~s not pre'arranged within two (2) hours of'ambulance dispatch time and non-emergency responses when ALS Services are specifically requested orpr0.vided~ :.. '.~ . .Basic Lif'e Support - Pre-scheduled non'emergency ambulance responses when ALS procedures are not requested or provi'ded. "' ' (c) All rates would remain unchanged, except those patients receiving ALS response would be billed for that response, and pay a fair price for the service being provided. In order to streamline ambulance charges we have agreed to d~op the 568.00 per hour charge for Waiting Standby Time. Thank you for your consideration and attention regarding these issues. Representatives will be in attendance at your committee meeting on Monday, March 6, 1995 to respond to questions.- EMT-1 110 Hours of Classroom Trainingin?:.:::-:-~:.~ .: .................... ............... - Basic Emergency Medical Care -Woundcare _..: . . .... · . - Treatment of Fra~d6es ..... - CPR .. - M~ay Management ,... .. - Oxygen Administration - Emergency Vehicle Operations ' - Treatment of Shock - 8 Hours Experience ia the Emergency Department - 8 Hours ~bulance Experience - EXHIBIT PARAMEDIC One Year Experience as EMT-1 S00 - 1,000 Hours of Advanced Train[ag in Emergency Meldicine .. Classroom Education: - . - Anatomyand Physiology . .. ..... .., - Medical Legal Problems ' - Cardiology - OB/GYN - Pediatrics - Neuro Emergencies - Endocrine Disorders - Respiratory Emergencies - Trauma Management = Medical Docume,ntation Advanced Skills Training: - Airway Management (Peals/Adult Intubat[on Cr[cothyrotomy) (. - Defibrillation/Cardioversion - Intravenous Line Placement , - Tension Pneumothorax Decompression - Nasogastric Tube Place,,'nent Hospital Clinical Rotations - Emergency Department (S0 hours) - Surgery (S0 hours) - Labor/Delivery (40 hours) - Intensive care (40 hours) Field Internship with Paramedic Preceptor 500 - 700 Hours Paramedics are required to diagnose/treat and transport patients that are ill/injured. Paramedics are frequently called upon to make judgements and treat patients prior to contact with other medical professionals (physicians). calling on their advanced training and experience to adequately provide medical care for acutely ill or injured patients. - EX.'.'.q-IIBIT '8 - RESOLUTION NO. 28-93 A RESOLUTION ESTABUSHING AMBULANCE SERVICE CHARGES. WHEREAS, Ordinance No. 2886 New Series of the~City of Bakersfield requires the City Council to set, by resolution, ambulance service charges from time to time; and WHEREAS, the City Council has considered rate increases proposed by the ambulance operators in the City of Bakersfield; and WHEREAS, the City Council has determined that rate increases are necessary to provide for a reasonable rate of return to the ambulance operators, but not to the extent requested by the ambulance operators; and - WHEREAS, it is the intent that 'these charges be reviewed by the City Council annually thereafter. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield the charges for ambulance services are hereby set as follows: ,. .... Basic Life Support " $ 255.00 ~,~.__ (includes calls respond~:i to With Advanced Life Support, ambulance but no Para.medic procedures ere pedormed.) , Advanced Life Support $ 470.00 (includes calls responded to with AdVanced Life Support ambulance and Para-medic procedures are administered.) Mileage (per mile from pick-up point to delivery point) $ 12.00 Night Charge (7:00 p.m. to 7:00 a.m.} $ 54.00 Emergency Response $ 40.00 (911 resoonses and Code 3 use dudng respo'~se or t,'=msport for priva[e emergency calls,) Oxygen (~er cylinder or portion used thereof) $ 46.00 Waiting Standby Time (per 15-minute increment) $ 17.00 The above rates ~e ~l-inclusive rates ~d additional se~ce ~ges shall not be added thereto. The ~qve ~ates shall t~e eff~ at 12:01 ~m. on Feb~ 18, 1~3. I HEREBY CERTi~ that the foregoing Resoi~ion w~ p~s~ ~d adopt~ by the Council of the Ci~ of B~ers~eld at a regular meeting thereof held on , by the follo~ng vote: A~ENT C~NCIL~Ep~, . JCI~ CLERK ~d ~ Officio ~ie~ of ~e Council of the Ci~ of B~ers~eld APPROVED FEB ! ? 1~3 ROBERT " MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY A'I-rORNEY of the City of Bakersfield AMBRATES.RES 2/17/93 '~' ......... ~ ......... '~"'" .... :' '"' ORIGINAL Vice-Mayor Kevin McDermott Budget and Finance Committee Bakersfield City Council 1501 Tmxtun Avenue Bakersfield, CA 93301 Chairman McDermott: Golden Empire Ambulance and Hall Ambulance Service r'espectfully request the following changes in the City of Bakersfield Ambulance Ordinance: 1. Require paramedic (ALS) response to all emergency calls. This standard will be required by Kern County EMS when present permits are renewed..: t/''' 2. Adopt the system for establishment of rates found in the taxi cab ordinance' for k._. emergency medical service. (Item A) 3. There needs to be clarification of services provided by non permitted providers in the City of Bakersfield. We ask adoption of the attached new sections. '(Item B) Thank you for your time and consideration with this most important request. We will have company· representatives in attendance at your Budget and Finance Committee meeting on December 5, 1994. Sincerely, Sincerely, '- ,x..,.- A-Iarvey~..Hali . . ./ . ' . . ,. PeterW. Brandon~ .: ,.,:.: . President, Hall Ambulance ..- ". . · President, Golden Empire'Ambulance cc: Councilwoman Pat a $.:DeMond .... /, : .-, ,' ,, . , ,.:.' Councilman Ran Rowles .,, .-:.-.:- .:. c., :. ,-... '- :, (Enclosures) . Robert l~.~e,, M.D. ..... Medical December 14, 1994 TO; Louis Cox, Operation's Hanager Hall Ambulance Service, Ina. FROM: e SUBJECT: AMBULANCE PERMIT AMENDMENTS In response to your letter (attached) inquiring about the EMS Department's intention to modify permits relative to requiring ALS the following information is provided. ' correct. There was discussion several months C.. :' Your recollection is ago .about our intent to modify the permits of current ambulance permittses when the permits came due for the five-year renewal. Specifically, the discussion Centered around the permit issued to Hall Ambulance for Southeastern'Kern County, in that, we use~ that opportunity to list each a-minute area (e.g., Californi~ City, MoJave, Boron, and Rosamond) on the permit ~1~ anne%ate the area With "ALS Service.- This was a result oil (1) Hall ~mhulance,s application documenting a commitment to provide that level of service in each area; (2) our desire to include more specificity on permits, especially when a competitive application process is used; and (3) to ensure to the citizens o£ those communities, county's posltion to hold an ambulance company's commitment to an area, At that timet X said publicly, and in writing to the Board of supervisorst that our intent would be to change all permits to indicate the specific area covered and level of service.. As you know, the ordinance only requires ALS/BLS service ae an absolute" minimum standard by an ambulance company. What keeps an adequate number of ambulances in service in each area is the reep6nse-time performance standards. All ambulance companies may not be Capable of' meeting .an ~'~LS leYel-of-~ervice minimum standard, even though each generally provides ALS service. Doing it piecemeal HALL AMBULANCE .... SERVICE INCORPORATED 1001.21.t STREET BAKERSFIELD, CA93301-4792 (80S) 322-8741 FAX (80S) 322-1638 Fred Drew, Director Kern County Emergency Medical Services Department 1400 'H' Street Bakersfield, CA 93301 · Dear Mr. Drew:. It is my recollection that there has been informal discussion about amending the Ambulance Operational Permits, when they are due for renewal, to mandate complete Advanced Life Support (A.L.S.) Ser¥1ce within each Operational Area. If the above recollection Is correct I would tike for your department to expound on this issue and how It might transpire. ' ' Also, I would like to know your Departments sentiment on.changing a Company's Permit, to require all A.L.S. Service, should they desire to provide such. Thank you for your consideration in this matter and should you have questions please contact me at 322-8741. Sincerely, HALL AMBULANCE SERVICE, INC. Operation Manager LDC;rr y ,. K£~N COUNTy EHS DEPARTNF. IfT '!' ~ ' "WE CARE. EVERY HOUR. EVERY DAY,"' ! · .... (- C ADMINISTRATWE REPORT MEETING DATE: April 5, 1995 AGENDA SECTION: Deferred Business ITEM NO: 10. b. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD .~~ DATE: March 24, 1995 C~TY A'I-rORNEY ._~,'"'--_~ CITY MANAGER ~ SUBJECT: Ordinance amending Subsections C and F of Section 5.10.010, Sections 5.10.020, 5.10.030, 5.10.060, 5.10.070, 5.10.100, 5.10.110, 5.10.120, 5.10.140, and 5.10.150; and adding Section 5.10.125 and Repealing Sections 5.10.040 and 5.10.080 of the Bakersfield Municipal Code Relating to Ambulances. RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: This ordinance was given first reading at the Council meeting of March 22, 1995, along with the adoption of the resolution establishing service charges. No additional comments have been received by staff. These proposed changes are in response to several requests from the two city ambulance providers to amend the City's Ambulance Ordinance and Resolution Establishing Service Charges, and the need for clean up language recommended by the City Attorney to bring these regulations in conformance with current practices and conditions of regulatory oversight. The Ambulance providers requested the following changes to the Ordinance: 1. Require paramedic level Advanced Life Support (ALS) response to all ambulance requests. 2. Adoption of the system for establishment of rates found in the taxi cab ordinance for emergency medical service. 3. A clarification of services provided by non permitted providers in the City of Bakersfield. In order to improve emergency ambulance response both providers are committing to the two year. implementation of improved ambulance dispatch. This includes implementing a joint dispatch system using computer aided dispatch (year one) and joint dispatch employing a vehicle Iocator network (year two). To accomplish this the ambulance companies have requested that the City require ambulance · permit holders in the City to respond paramedic-equipped ambulances (ALS Service) to all ambulance March 24. 1995. lO:24ara ADMI ST TI REPORT ~." Page ("-- service requests within the City of Bakersfield. Currently there is no requirement and both providerS provide Basic Ufe Support (BLS) and Advanced Ufe Support (ALS or paramedic) services within the City. There is now a rate differential based on the level of service actually provided. Currently, both city ambulance providers staff on a regular basis or try to staff ALS equipped ambulances for emergency response within the City. The Companies have requested that all 911 responses, not pre-arranged within (2) hours of ambulance dispatch time and non-emergency responses when ALS Services are specifically requested or provided would be billed at the ALS rate. Pre-scheduled non-emergency ambulance responses when .ALS procedures are not requested or provided would be billed at the BLS rate. All rates would remain unchanged, with the exception of the elimination of the $68.00 per hour waiting charge which is being dropped to streamline the ambulance charges. This charge is a charge that can result in disputes over which party caused the ambulance to wait. The second request, for a new system for rate setting, was reviewed by staff from the City Manager's and City Attorney's offices. Based upon meetings between staff and ambulance company . representatives the proposed new rate setting process which includes a public hearing and specific dates for requests and rate implementation is recommended. The .proposed ordinance provides for submittal of an application to change rates by the ambulance providers prior to January 1st each year. The City Council may then increase, decrease, accept or alter the proposed ambulance rates following a public hearing within 60 days. New ambulance charges would go into effect on April 1st. If the (' ordinance is approved the next opportunity for rate review would be January 1996. Ambulance providers would have to pay the cost of the new application and hearing process in conformance with the cost recovery ordinance. Fees will have to be established in order to recover these costs. Although only preliminary information is available it is estimated the fee would be approximately $150 to $200 depending on direct costs and the staff time required. Finally, their third request is included in new language in section 5.10.020 which clarifies conditions where non-permitted ambulances may operate within the City. Again staff met with ambulance company representatives to develop appropriate language. In addition to provider requested language changes were made to update the ordinance. For example the "Health Officer" no longer oversees ambulances in the County, this is done by the "County EMS Director". Also when the current City ambulance ordinance was adopted the County did not have an ordinance regulating ambulances. The proposed ordinance recognizes the need for city operators to conform to the County ordinance (with the exception of rate regulation) in addition to state law. The above changes were reviewed by the Budget and Finance Committee who support adoption of the proposed ordinance and resolution. Staff recommends adoption of the proposed ordinance. March 24, 1995, lO:22am ORDINANCE NO. AN ORDINANCE AMENDING SUBSECTIONS C AND F OF SECTION 5.10.010, SECTIONS 5.10.020, 5.10.030, 5.10.060, $.10.070s 5.10.100s 5.10.110~ 5.10.120~ 5.10.140# AND 5.10.150; AND ADDING SECTION 5.10.125 AND REPEALING SECTIONS 5.10.040 AND ., 5.10.080 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO AMBULANCES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsections C and F of Section 5.10.010 of the~Bakers- field Municipal Code are hereby amended to read as follows: 5.10.010 Definitions. C. "Ambulance service charges" means any charge, fare or other consideration for ambulance service, as Set forth in Section 5.10.120. F. "E.M.S. director" means and refers to the public official in charge of emergency medical services for the County of Kern, State of California, or his duly authorized representative. SECTION 2. Section 5..10.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.10.020 Certificate of publlc convenience and necessity - Required -' Exceptions. A. Except as provided in subsection B of this section, no person shall engage in the ambulance business without first obt&ining a certificate of public convenience and necessity from the city as provided in this chapter. This certificate shall be in addition'to any business license required by Chapter'5.02 of this code. B. A provider without.,~a certificat~ .Of'"~ublic convenience and necessity may provide ambulance service within the city, under the following circumstances:, 1. Upon request by the city manager or his designee. 2. Upon request of a certificate holder and upon approval of the city manager or his designee, when no certificate holder has an ambulance or level of service immediately available within the city, and when ambulance service is immediately required. ' 3. To provide medically required specialized transportation services not immediately aVailable for a patient within the city, if such specialized services have heretofore been approved by the E.M.S. director, and if authorized by the city manager or his designee. SECTION 3. Section 5.10.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.10.030 gertificate of public convenience and necessity Any person desiring to obtain a certificate of public convenience and necessity shall make application therefor upon forms available from the office of the city manager. Each application shall be accOmpanied by a policy of insurance in the amount provided for by this chapter. The application shall include the following information: A. The name of the applicant and trade name,'if any, under which he or she intends to conduct the business; or if a corporation, its name, date and place of incorporation, address of its principal place of business, and the names of its principal officers, together with their respective residence addresses; or if a partnership, association or unincorporated company, the names of . the partners, or of the persons comprising such association or company, and the business and residence address of each partner or person; B. A description of each ambulance or other vehicle used or proposed to be used by the applicant; C. The address and a description of the premises at which the applicant proposes to maintain and 'operate such ambulances. ~:. .:..... D. The applicant shall furnish any and all additional information as the citY.manager may,'in his discret~on,.require. E. The applicant shall pay a fee not to"exce~'d~th~ost - 2 - of processing any such application and inspecting such business as set forth in section 3.70.040 .... SECTION 4. Section 5.10.060 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.10.060 Certificate of public convenience and necessity - Issuance. A. The city manager shall consult with the chief of police and the E.M.S. director to determine the ability of the applicant to conduct the business in accordance with laws of Kern County, the state and city ordinance. B. The city manager shall not issue a permit pursuant to this chapter unless he finds as follows: 1. That the application is complete and truthful; 2. The applicant is financially.responsible; 3. The applicant will conduct said project in an orderly, proper and lawful manner; 4. The applicant has not had a permit, issued in the past three years under this chapter, revoked, unless the city manager finds that the reasons for such revocation are unrelated to this application; 5. Neither the applicant nor any listed partner, manager or principal of the business has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made,' unless he has obtained a certificate of rehabilitation; 6. That neither the applicant nor any manager of the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; 7. The applicant is adequately insured, as required by this chapter; ..... 8. The applicant has satisfied the requirements of this chapter and has complied with all laws of the state and ordinances of ...... the city applicable to the proposed business 9. Each ambulance described in the 'application · will be adequate and safe for the purposes for which it is to be used, is not more than five years old and it will be equipped as required by this chapter and the laws of the state; 10. Th~ public convenience and necessity require the operation of such private ambulance business within the limits of the city; and ' 11. That the applicant has a valid operational permit issued bY Kern County. SECTION 5. Section 5.10.070 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.10.070 gertificate of public convenience and necesslt} - Notice 9f decision by city manaqer. The city manager shall give the applicant written notice of his decision to grant or deny a certificate of public necessity and convenience within ten days of the hearing and shall state the reasons for his decision. SECTION 6. Section 5.10.100 of the Bakersfield Municipal Code.is hereby amended to read as follows: 5.10.100 Certificate of public convenience and necessity - Suspension and revocation. Any certificate issued pursuant to this chapter may be revoked by the city manager whenever he finds: A. That misrepresentations were made on the application; or B. That the applicant has been'convicted of a crime substantially related to the qualifications, functions or duties of the ambulance business, unless he has obtained a certificate of rehabilitation; or C. That the applicant has done any' ac~ involving dishonesty, fraud or deceit with the intent to substantially benefit himself or. anOther, or substantially injure anqth~.r; or D. That any of the 'terms or conditions ~.of,.said certificate have been violated, or that the busi~e~ [h'~s'~'been operated in violation of local, state or federal law; or E. The certificate holder has abandoned its operation of the ambulance business'for a period of thirty days; acts of God, labor disputes and other acts beyond t~e c~ntrol of.the certificate holder which cause abandonment Or limltatlon~Of Service Shall not be considered an abandonment within' the meaning of this section; or F. No suspension Or revocation Shall be made effective until a hearing has been held by the city manager. The certificate holder shall have not less than ten days' notice of the hearing by certified mail. . SECTION 7. Section 5.10.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.10.110 gompliance with state law required. No certificate of public convenience or necessity shall be issued until satisfactory proof of compliance with laws.of Kern County, except as to ambulance rates, and the state in respect to ambulance operations is furnished to the city manager. SECTION 8. Section 5.10.120 'of the Bakersfield Municipal Code is hereby amended to read as follows: 5.10.120 ~m~ulance service charge~. A. Charges for ambulance services shall be set by the following procedure: 1. Any certificate holder may file an application to alter the current rate schedule with the city prior to January i of the year it wishes the schedule to take effect. Such application shall be filed with the City Clerk, accompanied by a proposed schedule of charges, and a fee not to exceed the cost of processing any such application and reviewing such rates as set forth in Section 3.70.040. 2. The city council must review charges at a noticed public hearing within sixty days of January i of the year in which the rates are proposed t*o change. The proposed charges shall be published as set forth in section 6062a of the Government Code. 3. At the public hearing, the council may increase, decrease, accept or alter in any other way the Charges as submitted. The charges, as increased, decreased, acceptod or altered by the city council, shall take effect on April 1 following the public hearing. Section 5.10.140 of the BakerSfield Municipal Code is hereby 'amended"to"read as follows':' 5.10.140 ~eplacement of vehicle. 'Annually, each' certificate holder.shall file with the city manager a description' of the. vehicle abandoned and a description of the vehicle placed in use. SECTION 10. Section 5.10.150 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.10~.150 ~DDeals. A. Should any applicant be dissatisfied with the decision of the citY manager or his designee not to grant a certificate or for the revocation of a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the. council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 11. Section 5.10.125 is hereby added to the Bakersfield Municipal Code to read as follows: 5.10.125 Level of service. Ail permit holders in the City of Bakersfield shall respond to all calls for ambulance service with paramedic-staffed and equipped ambulances (Advanced Life Support "ALS" service) within the City of Bakersfield. SECTION 12. Section 5.10.040 entitled "Certificate of Public Convenience and Necessity-Investigation of Applicant" and Section 5.10.080 entitled "Certificate of Public Convenience and Necessity- Existing Businesses-Presumption of publi; 'copVenience and Neces- sity. of the Bakersfield Municipal Code relating to Ambulances are hereby repealed. SECTION 13. This Ordinance shall Be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. -o0o ........ TWe ~ RUBIN~cJ TA~F~q: I. ICEI~qFG AND ~GULATIOI~- 5.10.125 Level of 8ervl~e. Title -~ BUSINI:,_e,.~ TA~I;R_ UCENRr:~ AND REQULATIO~ Ch _a~ter *~.10 AMBU~ 5.10.010 Deflnltlon~. ~. ,"u-oumn;;e ou~ule~ mear~a~ebueine.~ ...... · ........ , .... ~'--'. ~~ ~ ~ ~ ~ A ~ ~ ~~' ~g' m~ ~ m~n~ ~ p~ ~ agent ~y C. '~bu~ ~' ~. m~ ~y ~, ~ ~ ~'~~ f~ ~bu~ ~ ~ set fo~ in ~ 5.10.1~. ' - ~~ ~~~ ~_~ ~~.~~ ~ ~e ~ ~a s~ ~ ~ju~ .m= for nu~g h~, ~ ~ ~ ~ h~, 7.62.010) ~ ~ ~~. (0~. ~ ~ 1, 1~: 0~. ~ ~ ~, f~: p~or ~e ~ Advanced Life Support (ALS), paramedic ambulance service should be provided for all emergency ambulance responses within the City of Bakersfield. This would include both 911 and private request for emergency ambulance service. The use of Basic Life Support (BLS) ambulance service can be in the best interest of the patient, and payer, when pre-arranged (two hour advanced notice) transfer · of patients from Hospital to Hospital or Licensed Medical Facility to Licensed Medical FaCility is requested by a Physician or Registered Nurse, and ALS services are not ask for or performed. The use of BLS services for appropriate pre-arranged ambulance transport not only provides the patient with the level of service needed for their care, but frees up the higher level of service, ALS, to respond for emergency request. Correct utilization of resources provides the most cost effective services for the public. Request for Basic Life Support (BLS) Stand-by services Should be sanction when requested by an event coordinator who desires to utilize that level of service for customers attending their event. RESOLUTION NO. ~ 0 I A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF BAKERSFIELD' REGARDING SITING OF DAIRIES WHEREAS, the City of Bakersfield is pro-business, pro-agriculture and supports the attraction of business and indusby to Kern County; and WHEREAS, in attracting business and industry to Kern County, all pertinent regulations should be clearly set forth; and WHEREAS, such regulations should detail the approval processes, siting criteria and land use relationships for such businesses and industries; and WHEREAs, the City of Bakersfield and County of Kern have a joint interest in the type, quality and location of development within the Metropolitan Bakersfield 2010 General Plan ("2010 General Plan") area; and WHEREAS, the City of Bakersfield and County of Kern are committed to a cooperative approach to providing government services, including development review;, and WHEREAS, there needs to be a balancing of compatibility between the growing economy of the urbanized area and the growing industrial/agricultural economic base in the areas adjacent thereto; and WHEREAS, projects such as dairies and other significant agricultural and industrial projects affect the City of Bakersfield and its residents, as such projects occur within and adjacent to the 2010 General Plan boundaries; and WHEREAS, the City of Bakersfield and County of Kern should develop a coordinated, consistent protocol for jointly reviewing extraordinary and significant projects at and/or near the incorporated/unincorporated boundaries of the metropolitan area; and WHEREAS, the City Council believes certain sPecific recommendations of the Dairy Technical Advisory Committee do not adequately protect the citizens of the City of Bakersfield by allowing dairies within the 2010 General Plan area via the Conditional Use Permit process. Page 1 of 3 ORIGINAL' NOW, THEREFORE, BE IT RESOLVED by the Council of theCity of Bakersfield as follows: 1. The above recitals am true and correct; 2. The City Council is hereby opposed to the establishment or enlargement of any dairy:. (1) within the boundaries of the 2010 General Plan ,By-Right." by issuance of a permit or by any other means; (2) within three (3) miles of any existing or planned residential development outside of the boundaries of the 2010 General Plan; and (3) within two (2) miles of any property used for water recharge or recovery purposes; and 3. The City Council hereby directs that this Resolution be conveyed to the Planning Commission of Kem County for inclusion in the record of said Commission's consideration of this issue. Page 2 of 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on dUN ~ 7 ?IIBI , by the following vote: ..' Councilmember Benham, Carson, Maggmd, Couch, Hanson, Sullivan, Salvaggk) Counolmembe~~ _ Abstain: Councilmember~ _ Absent: Councilmember .Z~il~=~,.,' CITY CLERK AND EX OFFI~'¥O of the Council of the City of Bakerdfibld APPROVED HARVEY L HALL Mayor APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By B BJT:b~a $:t. COUNCIL~Reaos~Deip/Sl~ing Reao.v4xl Page 3 of 3 "~',RiGtNAI ' B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM June 20, 2003 TO: Alan Tandy, City Manager FROM: Trudy Slater, Administrative Analyst III ~ ~ SUBJECT: Environmental Quality Bills (Florez) The City Council referred to the Legislative and Litigation Committee for support for the Environmental/Clean Air Bill package sponsored by Senator Dean Florez. Senator Florez's office indicates the air quality bill package includes SB 700, SB 701, SB 703, SB 704, SB 705, SB 707, SB 708, SB 709. The following is provided for information purposes. Several of the bills have been modified as they have progressed through the Legislative houses. The attached staff synopsis briefly identifies aspects of the bills, where they are in the legislative process and either the last amendment date or next scheduled hearing. These bills have not had an adequate staff assessment to allow for an informed staff position regarding recommendations. Also attached is a resolution of the City of Bakersfield on the siting of dairies, information on the air quality bills provided by Senator Florez's office, and action of the City of Fresno endorsing the bills. P:\M0306202-EnvironmentalQualityBillPackage B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM June 20, 2003 TO: Alan Tandy, City Manager FROM: Trudy $1ater, Administrative Analyst III ~ ~ SUBJECT: Environmental Quality Bills (Florez) The City Council referred to the Legislative and Litigation Committee for support for the Environmental/Clean Air Bill package sponsored by Senator Dean FIorez. Senator Florez's office indicates the air quality bill package includes SB 700, SB 701, SB 703, SB 704, SB 705, SB 707, SB 708, SB 709. The following is provided for information purposes. Several of the bills have been modified as they have progressed through the Legislative houses. Five of the eight Senate bills are currently in the Assembly. The following is a synopsis of the bills based on latest available data. SB 700, Air Quality: Emissions: Stationary Sources Existing law authorizes the air pollution control district to establish a permit system that requires any person that uses certain types of equipment that may cause the emission of air contaminants to obtain a permit. Existing law exempts vehicles and certain types of equipment from those permit requirements. This bill would eliminate the exemption for any equipment used in agricultural operations in the growing of crops or the raising of fowl or animals; among others, requires an agricultural source of air pollution be regarded as a stationary source in the state for the purposes of the federal Clean Air Act. (In Assembly Natural Resources; next hearing date: June 30.) SB 701, California Clean Air Bond Act of 2004 This bill would enact the California Clean Air Bond Act of 2004 which, if adopted, would authorize, for purposes of financing an air quality program, the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $4,550,000,000; would submit the bond act to the voters at the March 2004 primary election, Declarations and findings in bill indicate, among others, air pollution from agricultural sources can be reduced by encouraging alternatives to current burning, tillage, fertilizing and other farming practices employed in some areas. Agricultural emissions have a significant effect on the ability of areas of the state, including, but not limited to, the San Joaquin Valley, to achieve health-based state and federal ambient air standards. (In Senate Environmental Quality; next hearing date: June 23.) SB 703, Electricity Rates: Agricultural Irrigation Pumps This bill would require the Public Utilities Commission to establish incentive rates for agricUltural and water pumping customers that are competitive with the cost of operating diesel-driven irrigation pumps and other diesel-driven agricultural equipment and in establishing those incentives, to take into consideration the significant air quality and public health benefits of retiring existing diesel-driven irrigation pumps and other diesel-driven agricultural operations; to prevent future conversions to diesel Alan Tandy Page 2 June 20, 2003 equipment, and to accomplish certain results. (In Senate Energy, Utilities, and Communications; last amended: June 3.) SB 704, Air Quality: Agricultural Burning Bill indicates it is the intent of the Legislature to reduce air pollution from open field burning in the San Joaquin Valley Air Pollution Control District and to improve air. quality and protect the public health through new incentives for biomass facilities in or near the district, to increase their utilization of agricultural waste that would otherwise be burned in open fields in the district. This bill would require the Energy Commission, upon determining the project is eligible for funding pursuant to the Renewable Resource Trust Fund, to allocate $6,000,000 from that fund for the 2003-04 fiscal year, to provide incentives to qualified biomass facilities within or near the San Joaquin Valley Air Pollution Control District. (In Assembly Natural Resources; next hearing date: June 30.) SB 705, Air Quality: Agricultural Burning: San Joaquin Valley Unified Air Pollution Control District This bill would prohibit the issuance of any permit to a person to burn certain categories of agricultural waste, as defined, within the jurisdiction of the San Joaquin Valley Unified Air Pollution Control District, commencing on the date specified in identified categories; requires the district to develop and adopt, by June 1,2005, rules establishing the best management practices for certain other weeds and maintenance. (In Assembly Natural Resources; next hearing date: June 30.) SB 707, Environmental Quality: Confined Animal Facilities Prohibits the certification of an environmental impact report and the approval of a negative declaration, for any project that includes the construction or alteration of a confined animal facility, as defined, within 3 miles of a city or a "census defined place," as defined of at least 5,000 persons, unless specified requirements are met; prohibits a public agency from approving or carrying out the project unless the public agency finds that a specified buffer zone is incorporated into the project. (Council Resolution 101-01 indicates "The City Council is hereby opposed to the establishment or enlargement of any dairy: (1) within the boundaries of the 2010 General Plan "By-Right," by issuance of a permit or by any other means; (2) within three (3) miles of any existing or planned residential development outside of the boundaries of the 2010 General Plan; and (3) within two (2) miles of any property used for water recharge or recovery purposes...") (In Assembly Natural Resources; next hearing date: June 30.) SB 708, Air Pollution: Motor Vehicles This bill expands the repair assistance program to include the owner of a motor vehicle who was issued a notice to correct for an alleged violation of unlawful motor vehicle exhaust discharge, if the vehicle subject to that notice has failed a smog check inspection subsequent to receiving that notice; authorizes a county board of supervisors, by ordinance, to establish on highways under its jurisdiction a combined vehicle inspection program to check for violations of unlawful motor vehicle discharges and to identify drivers who are in violation of driving under the influence statutes and that, if established, identifies where a portion of moneys from fines are to be depOsited to be used exclusively to pay the cost incurred by the county for establishing and conducting that combined program. (In Assembly Committee on Transportation; last amended: May 27.) SB 709, San Joaquin Valley Unified Air Pollution Control District: District Board This bill would authorize the district board to adopt rules and regulations that require the use of best available control technology for new and modified sources of pollution, promote the use of cleaner burning alternative fuels, and encourage and facilitate ridesharing for commuters; requires the district to expand the office of small business to include agriculture assistance, and to establish expedited permit review and project assistance mechanisms relative to clean fuel technologies; requires the district board to adopt a schedule of fees to be assessed on area wide or indirect sources of emissions that are Alan Tandy Page 3 June 20, 2003 regulated, but not subject to permit, by the district, to recover the costs of district programs related to those sources; authorizes the district board to monitor emissions from all stationary agricultural pumps in the district; authorizes the San Joaquin Valley Unified Air Pollution Control District to also impose a $1 fee on the renewal of registration of motor vehicles in the district to be used to reduce air pollution from motor vehicles in the district. (In Assembly Natural Resources; next hearing date: June 30.) P:\M0306201 -EnvironmentalQualityBillPackage RECEZV!EE): ~3/ ~3/O3 12:5:3PM; ->C~:TY OF BAKERSFZELO; #S12; PAGE Jun-~S-ZO03 lZ:48pm From-SEHATOR ~AH FLOREZ gl6 3Z~ 5i8g T-337 P.OOZ/O06 F-573 O~I~E ~OffENO OUCHENY JOB~N OUNN ~ .JOHN R. DRY8 B~ ~RN~E CHI~ C~ULTANY TOM ~CCLIN~OC~ ~K~N TACK~ ~IN MURRAY DEAN FLOREZ ~V~.N CHAIR COM~ Air Quality Legislation (updated 6.4. 03) SB 700: Repeal of the Agriculture Exemption + In early February, the Federal EPA ruled that k would impose sanctions on thc State if California does not comply with the Federal Clean Air Act (CAA). These sanctions include the loss of billions of dollars in federal road/highway funds. The object of this bill is to enact the aplrropriate measures to avoid any such sanctions. In addition, SB 700 recognizes the air quality improvements made by the agricultural industry and also outlines the need for additional reductions in particulate ~maissions. SB 700 establishes a new comprehensive derivation in state law for "agricultural stationary source of air pollution" and "fugitive emissions;" and requires those emissions to be taken into account when determining the overall air quality impacts of agricuRural sources. The bill will require the Ag Industry to adopt a set of best management practices for use by agricultural op~ations to reduce or eliminate air pollution from such activities.. It also requires the Ag Industry to obtain operating permits, through a strearolin~l permit application process, no later than January 1, 2005. Lastly, SB 700 repeals the exemptions from air permits under current law from agricultural sources of air pollution. SB 700 also incorporates an incentive program to assist the agricultural industry to come into compliance with state and federal dean air mandates. This bill directs thc California State Treasurer's Pollution Control Financing Authority to target lenders who traditionally serve growers. Greater access by agricultural businesses to the California Capital Access Program (CalCAP) will provide low interest-rate loans to creditworthy farmers for the acquisition, construction, installation, or permitting of qualified pollution control, waste disposal, and resources recovery facilities in California. Loans will be funded from the Sale of tax-exempt bonds issued by the' California Pollution Control Financing Authority on behalf of the eligible farmer. The interest costs will be significantly lower than conventional financing mechanisms. Farmers and dain'es will take on addifionnl costs to meet new air quality standards. It is critical that the Legislature seeks and provides financing meehanisms to farmers and dairies to mc'ct thc new costs. RECEZ~'ED: ~/ ~/03 12:54PM; '>C"rTy 01= EAKERSI='I'ELI3; #g12; PAGE Jufl'l~6'2003 IZ:48pm From-SENATOR DE~ FLOREZ SB 701 - California Clean Air Bond Act of 2004 California's child asthma ra~ are almost twice the national average. Fresno County has the highest child asfluna rate in the Shue and more than 300,000 San ~Ioaquin Valley residenIz suffer from chronic respiratory conditions. SB 701 helps to finauce existing and new air quality programs. The Czllf~rnia Clean Air Bond of 2004'will provide inccnfives for industry, especially agriculture, to upgrade oldcr cquipmen! with cleaner emission technology. In addition, the bond conmim gran~ programs for asthma scrccnin~ and prevention, local air district monitoring equipment, as well as diesel school bus ~lean- burning retrofits. Specifically, the bond provides financing for the following programs: Reducing Pollution from Diesel Trucks: The Carl Moyer Program ($400 million) Agriculture Clean Air R~ofit: Thc Carl Moyer Program ($600 million) · Clean Vehicle Credirz ($500 million) · Clcar Air Technology and Assistance for Confincd Animal Feeding Operations or CAFOs ($400 m~llion) Agriculn~re Burning Phase-Out Program ($500 million) · Agriculture Conservation Management Program ($400 million) · Air District Monitoring ($300 million) · Agricul~al Land Preservation ($250 million) Asthma Screening a~d Prevention ($500 million) School bus P,.eplacement and ttctrofit ($300 million) · Iznovative Clean Air Technology Program ($400 million) RECEZVEO: I~/ ~/0~, 12:54PM; -:,.CTTY OF' BAKERSFZEI..O; #912; PAGE 4 Jun~O$-ZO03 IZ:4gpm From-SENATOR DEAN FLOREZ g16 3Z? 5989 T-33? P.004/005 F-$73 SB 703: Converting Ag. Pumps to Electricity This bill reduces all stand-by charges including dmand, connected load, and facilities related charges to make' electricity rates more competitive for agricultural producers. It is the intent to develop a comprehensive measure that creates agricultural electricity rate schedules that will provide an incentive to growers, who are currently using internsl combustion engines, to go back to thc electrical grid. SJVAPCD currently es6.m__ates that there are over 4500 diesel pumping engines currently in usc in thc San $oaquin Valley. By giving incentives to producers through market signals and encouraging their voluntary return to electricity, the SJVAPCD estimates that we can reduce NOx emissions by up to 125 million lbs. In addition to the phase-out of ag. burning, this represents the single largest air quality improvement that can be accomplished in the short-term. This bill aims to authorize the Public Utilities Commission to implement the best funding mechanism to encourage growers to return to the grid. These include thc following measures: Establish competitive electricity rates for growers compared to the costs to own and operate diesel engines · Consider air quality benefits when determining rates Pm,Adc a process for the retirement of Tier 1 diesel-engines first and next for Tier 2 · Provide a process to q,,~ntify net air emissions · Consider infiastmcmre costs for putting all pumps on. the electrical grid · Include thc cost of incentives and allocate them equitably among customer classes benefiting fi:om the air quality improvements SB 704: Ag Waste at Biomass Facilities This bill will direct thc San Joaquin Air District to require any facih'ty that bums biOm~s to demonstrate, as a condition to being eligible for ftmds from thc Agriculture-to-Energy Biomass Grant Incentive Program, that they significantly incrcasc thc percentage of agriculture waste burned at their facility. In addition, the facility must use best avallablc control technology to reduce emissions fi:om their facilities. Biomass facilities cturently reject local ag waste because of thc cos~ benefit in accepting wa,sic from Southern California companies. SB 704 slm~ to increase the amount of ag. waste accepted by biomass fadlities, thus providing farmers with a cleaner alternative than bur~i.g their waste on site. In exchs,~ge for accepting the more expensive ag waste, this bill will include $6 million in funding incentives from the Energy Commission for Momass facilities to take the additional ag waste. REcE'r~Eo: I)/ l)/03 12:54PM; ->,o'rTy OF BAKERSFTEL. D; #G12; PAGE 5 ' 'Jun-~6-2003 12:4gpm Froa-$EltATOR DE~t FLOflEZ 916 32? 5680 T-337 P,005/006 F-573 SB 705: Prohibit Burning of Ag Waste in San Joaquin Valley This bill prohibits, beginning ~une 1, 2005, thc issuance of any permit to a person to bum agriculttual wastc from pruning and field crops. It will also cross-phase out all other types of ag. waste, including orchs~d removals, vineyard materiAl.~ and weed abatement by 2010. In addition, this bill will require the San loaquin air district to develop and imPlement, no later than ~Iune 1, 2005, best management practices for the disposal of waste such as tumbleweeds in an environmentally responsible manner. This bill is a long overdue measure to end the practice of burning ag waste in the San Joaquin Valley. Like SB ?04, the intent of this measure is to compel the ag industry to use cleaner, more environmentally safe, waste management practices. SB 707: New Dairy Zoning Legislation This bill will prohibit any dairy farm from opening a new fadlity or expanding an existing facility within 3 miles of a town, unless it notifies and consults with cities near the proposed site and ensures that a buffer is in place to lessen the adverse effects of the dairy. Amendments to SB 707 also include applying the same California Environmental Quality Act (CEQA) provisions currently used to permit large industrial facilities to the construction ofncw dairies. The object of this bill is to .give local authorities, including cities, a lgeater voice in determining the placement of future dairies, as well as to protect the public health of communitic,s located near Confined Anim~ Feeding Operations. 4 RECEIVED: 6/ 6/03 12:54PM; ->CITY OF BAKERSFIELD; #912; PAQE I~ 'Jun-1~6-2003 IZ:49pm From-$EHATOIt DEAH FLOItEZ {!]6 32? 5{189 T-337 P.006/006 F-573 SB 708: Gross Polluting Vehicles Mobile sources of air pollutio~ such as automobiles, motorcycles, trucks, and off-mad vehicles are the single largest contdbutor to smog-forming emissions in California. According to the Statc Air Resources Board, one smoking vehicle can put the same amount of pollution into the air as a hundred well-tuned vehicles. In an effort to further rcducc emissions from these vcrifiablc gross polluters, SB 708 will enact thc following: Ct~ent law provides that when a California Highway Patrol officer or other local law enforcement agency cites a smoking vehicle, the driver receives a fix-it ticket. This allows the driver of the dirty vehicle thirty days to make the necessary improvements to reduce emissions. If thc driver fails to clean up thc car, they receive a first-time fine of $100. SB 708 would increase the penally on these smoking vehicles to $200. Local law cuforcement agencies and air quality management districts have the option of using the addition revenues from thcs¢ increased fines to create a random on-road-sampling progr_nm for Smog Check This program would allow sheriff and police departments, in conjunction with local air district personnel, to establish a check point along side existing D.U.I. check points to visually monitor and cite smoking vehicles on Cnlifomia roads. The California Department of Consumer Affairs and Bureau of Automotive Repair offer the Smog Check.Consumer Assistance Program~ which aids drivers who meet certain .income requirements to come in compliance with Smog Check At present, this program only applies to drivers during their biannual smog check This bill makes the participation in the Consumer Assistance Program available for income-eligible drivers who receive a fix-it ticket at any time for a smoking vehiclc. Increased participation in the program will allow for additional upgrades to gross-polluting vehicles with new emissions-reducing components. SB 709: San Joaquin Air Pollution Board SB 709 will give greater flcxibilily to the San Joaquin Valley Air Pollution Control Board over mobile source emissions. This authority includes the ability to require ride-sharing progrsm.~ ~r businesses with 100 or more employees and raise the car registration fcc by no more than $1 to fired clear air programs. In addition, the air district will ~i,~ the authority to monitor all stationary asl'icultural pumps. SB "/09 also establishes an office of small business and agriculture assistance to aid farmers with compliance to new air quality measures. The objective of the bill is to provide the Air'Pollution Control District with increased authority to create and fund air quality improvement initiatives in the Central Valley. ~ECEZVEO: f~/19/03 12:3:3PM; -~C'~TY OF BAJCERSFZEI_O; //24; PAS.E 8, 06-19-2003 1l:29m, Froar-SENATOR DE~I FLOREZ 6613052622 T-746 P.O03/OIO F-455 ---' ,JUf'f'ltg-U¥ 11:59; Pege 3 TI~$DAY, MAY 2,0~ 20n~ is ' ' -. - , - ~,,mr.,u=uo4 JrOm rfl~ &'M ' nvo~UQn ~ Re~mnd F~er~hen ~an of ~e St. Paul ~enlan Chu~ 31~ge ~ ~leg~n~ ~ ~e F~g ~m~m~on ~'~U~EE A~~E~S ~,. ~oun~l P~ent Bo~Ii~, ~ and 'm~amau~ ~-~TiO~L E~LO~E H~L~ ~D F~ ~ -.~or~. ~d and m~n ol-~E~NO COU~ BPO~MEN~' G~U~ - O=un~member DU~n. ~ ae~ I~ECE]:VED: 6/19/03 12=34PM; -:=-C:]:TY OF' EAKEFISF''rELO; #24; PAGE 6 06'19-Z003 1!:30am From-SENATOR DEAN FL0~Z $$130525Z2 T-748 P.00$/010 F-456 uept./Dept, of Public Ub'li~,L'~' '""'"~ a[ rump Stat/on A o'-~q~T-a-~: eJactod/81aff bm rabid the project K. - RESof. UTION.SS, arnefldmenttoA R Ho. 200, - · 8ts.to. _of California I~ rate ____ 2' ancl Oeveloame,+ r~ d Waste Marlagemerrt Boaro (Re ~ . !~rant ~_n. cls.from Itl; · ' ,2003-'151 1, prP~ogOmLmUl'lON- 15' amendment t~ P/~R No. 2002-217 for the W, ste ,ire Enforcement ~ ~lutlon No, 2003~152 adopted L. RESOLUTION. Authorizing application submissio .U.S. Departmerlt of Trans _ n and mntraet exer, utlon for tm · . portatlon - Fe~lerai .... halt funds with the ~a~age_r ~.n beinalf ~ ~, Ci~ ~f Fresno.. Fra--T-m2-mit- A,.dm!nistra'don (FTA) by tile Transit General ....... · -,,~u,uuun NS, Z003-155 adopted 9:30 A.M. P. rese. ntatian and cr~scusejon Df the Reason Foundation a - , afrnecl at improving the perfon~an~ ~ ,,,,,~ ..... ? Pe~rff~mc~ JnsUtL~s"Citlzen ElUd~et" Preoent~tion marlo .... u.--o,,,,,,um - r,~Un=lmernbers CalhoUn and Dunca~ . 1D:00 A.M. Hw~E~edR], fN~ ~.~a~roRfRepz~Te~Al~. I~i~Ud, N.:~-O2~..7 a,d. ,nviro~l~eMai flrtdi, gs. ~ed by Robert Avenues t3=m/~nyle¢,.,..,:~'~x,~ .... =n_.me ~.orme? ~mer Df N. Cornelia and W Bullard ~ ~'~l~J ....,.,. M~a.r;~rzj . Planning and Oev~opment Dept. ' a, Consider and ecl,~pt the Mitigated Negative DeclaraUon for EAVlronmental Assessment No. R-02-S7/C-O2-291 ~ Adopted . . ~p.e~ [] md. m,.,,._,, ..... Management) zona ' J ...... -",-,~,rQmance mo. 2003.41 adopted ... dlstlict 0:0~ A.M. I;3is~ssion, cr,'e~on, and actlol~ regarding the request to endoma the fol[owiAg Stats Sonata Bas Pertaining ,to air qual~: - Council President BoyaJlan 1. SB 700, Re.al of the Agriculture Exemption 2....qB 701:California Clean Air Elend Act of 2004 3. 58 703: Revolting Diesel DemaAd Charges 4. S8 704: Ag Waste at Biomass Fa~liUe~ S. SB 705: Prohibit Burning Df Ag Waste irt 8art Joequin Valley S. 8B 708: Gmaa Polling Vehicleo ,. aB 70g: AEexPe;en~d~.:4mAnut.h. od~YBil~eelnl~eal~l~Oaql, lin Hr District ~IECETVED: 6/19/03 12:33PM; ->CTTY OF BAKERSFI'ELD; #24; PAGE 2 06-1g-2003 I I:Zgm Fr0~$EHATOR DE/~t FL0~Z 6613952622 T-~48 P.OO2 F-456 DEAN F~OREZ SENATOR, ~I~[E~H CHAIR, BANKING. COMMERCE May 15, 2003 F~, CA 9~1 Y~ ~ ~t ~ or~ ~S~a~ ~ ~ V:tll~w~ mom t~ ]~ ~d~ ~ ~ di~ldcl ~ ~d~ being ~ thc fi~t m~lalmt ~ any r~cr p~tt~ on ~ ~j~ ~~ 1'o a~ ~ ~ a~or air q~itF, b~ ~o.. I h~ ~~ a pa~ of l=~l~u SH 700: Rep.l Aiq'icnlture Exmpdon + SB 700 ~l~ n n~ ~~s~ ~~ in ~ law for '~~t 8~ ~ of air ~ll~" ~ "~d~ ~iom;" a~ ~u~. ~ ~s~M to ~ ~ ~ ~ ~ d~inin8 t~ o~ ~r ~ty i~ ~'a~~ ~, ~ ~ ~fl ~ ~ ~ ?~~the ~do~~p~~~~ ~~~~ ~ ~llutton.