HomeMy WebLinkAbout2019-105 - Recinding and Replacing Resolution 2015-77 Relating to the Paramedic Subscription Program Service Charges Pursuant to Chapter 5.60 (Paramedic Service User Fees) of the Newport Beach Municipal CodeRESOLUTION NO. 2019-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RESCINDING
AND REPLACING RESOLUTION 2015-77 RELATING TO
THE PARAMEDIC SUBSCRIPTION PROGRAM SERVICE
CHARGES PURSUANT TO CHAPTER 5.60
(PARAMEDIC SERVICE USER FEES) OF THE
NEWPORT BEACH MUNICIPAL CODE
WHEREAS, the City Council of the City of Newport Beach ("City Council") is
authorized pursuant to Chapter 5.60 of the Newport Beach Municipal Code ("NBMC"),
to establish, by resolution, user fees and charges for the provision of paramedic or
emergency medical services ("EMS");
WHEREAS, the City of Newport Beach ("City") has, since 1975, maintained and
operated a paramedic service program for the community by providing funds for
emergency personnel and equipment in support of EMS operations;
WHEREAS, in 1976, the City Council adopted Ordinance No. 1692 to establish
a reasonable service charge to be paid by persons using the City's paramedic services
to assist in defraying a portion of the costs incurred from maintaining paramedic service
operations;
WHEREAS, the City currently maintains three Advanced Life Support
ambulances; two standby ambulances with Advanced Life Support and Basic Life Support
capabilities for periods of high call volume; and, the fire engine closest to a call for service
also provides emergency medical services;
WHEREAS, as a component of the City's comprehensive EMS system, the City
provides emergency ambulance transportation services;
WHEREAS, the City, through automatic aid agreements, provides and receives
emergency medical services to and from nearby public entities such as the cities of Costa
Mesa, Huntington Beach, Laguna Beach, and Irvine (Orange County Fire Authority);
WHEREAS, the City's General Fund revenues currently defray a portion of the
cost of providing emergency medical services;
WHEREAS, it is estimated that 60 percent of the calls for emergency medical
services are from residents;
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WHEREAS, the revenue generated by the charges established in this Resolution
will be used solely to maintain and enhance the City's ability to provide paramedic and
emergency medical service and emergency ambulance transportation service within the
City and in other jurisdictions pursuant to automatic aid agreements;
WHEREAS, in 2015, the City established the Paramedic Subscription Program
through Resolution 2015-77 whereby residents and businesses located within the City
could pay a yearly fee to cover out-of-pocket expenses for various paramedic services;
and
WHEREAS, the City has successfully deployed the program since adoption and
now seeks to rescind and replace Resolution 2015-77 with this Resolution which
revises and clarifies Paramedic Subscription Program membership and coverage
restrictions.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: City Council Resolution 2015-77 is hereby rescinded and replaced
with this Resolution.
Section 2: This Resolution establishes a Paramedic Subscription Program. The
basic concept of this program is to: (1) establish reasonable charges for all recipients of
Advanced Life Support ("ALS"), ALS Non -Transport, Basic Life Support ("BLS"), BLS
Non -Transport, and emergency ambulance transportation services provided by the
Newport Beach Fire Department; and (2) provide a mechanism for residents and
businesses to cap their emergency medical service and emergency ambulance
transportation costs while supporting the City's EMS system. The fees and charges
authorized by this Resolution are intended to defray the costs of providing a
comprehensive EMS program that provides emergency ambulance transportation
services within the City of Newport Beach. The fees and charges authorized by this
resolution shall be used solely to maintain and enhance the City's ability to provide
paramedic and emergency medical services and emergency ambulance transportation
services.
Section 3: Definitions. The purpose of this Resolution, the following terms shall
be defined as provided in this Section:
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a. "Advanced Life Support" or "ALS" shall mean any advanced life support
medical evaluation and treatment performed by paramedics outside of a
hospital. This treatment shall follow the current "Advanced Life Support
Treatment Guidelines" as specified by Orange County Emergency Medical
Services.
b. "Basic Life Support" or "BLS" shall mean any basic life support evaluation
and treatment that is authorized by the State of California Department of
Health to be performed by emergency medical technicians and/or
paramedics at the scene of a medical emergency.
C. "Paramedic Subscription Program" or "Program" shall mean a voluntary
membership where members shall prepay at a fixed price, the uninsured
portion of emergency medical and emergency ambulance transportation
services provided by the Newport Beach Fire Department.
d. "Member" shall mean any Resident Member or Business Member.
e. "Resident Member" shall mean any person eligible to participate in the
Paramedic Subscription Program because of their status as a resident of
the City of Newport Beach, a guest of a resident of the City of Newport
Beach, or visitor of a resident in the City of Newport Beach and for whom
the Subscription Fee has been paid.
f. "Business Member" shall mean any person eligible to participate in the
Paramedic Subscription Program because they are the owner, operator,
employee, customer or volunteer of a business located in the City of
Newport Beach, and for whom the Subscription Fee has been paid.
g. "Subscription Fee" shall mean the annual charge, as established by
resolution of the City Council which, when paid, entitles eligible persons to
participate in the Paramedic Subscription Program and receive ALS, ALS
Non -Transport, BLS, BLS Non -Transport, and emergency ambulance
transportation services, or other benefits as approved by the City Council
without payment of Normal Charges.
h. "Non-member" shall mean any person who is not eligible to participate in
the Paramedic Subscription Program or any eligible person for whom the
Subscription Fee has not been paid.
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"Normal Charges" shall mean the fee to be paid by any Non-member who
receives ALS, ALS Non -Transport, BLS, BLS Non -Transport or emergency
ambulance transportation services initiated within the City of Newport
Beach and the fees to be paid by Business Members who receive ALS, ALS
Non -Transport, BLS, BLS Non -Transport, or emergency ambulance
transportation services initiated within the City of Newport Beach at a
location other than their workplace.
"Municipal Services Statement" shall mean the bill for water, sewer and
other municipal services issued by the City of Newport Beach on a bi-
monthly basis.
k. "Business" shall mean any corporation, partnership, company, business,
organization or other entity with a workplace located within the City of
Newport Beach with an active business license issued by the City of
Newport Beach. Homeowners associations and entities with overnight
guests, including, but not limited to, hotels, apartment rental communities,
motels, and vacation rental properties, are not considered businesses for
the purpose of the definition of a "Business."
"Emergency ambulance transportation services" shall mean transportation
by an ambulance of one or more patients resulting from a 911 call to provide
for emergency medical services within the City of Newport Beach.
Section 4: Payment for Services. Non-members receiving ALS, ALS Non -
Transport, BLS, BLS Non -Transport, or emergency ambulance transportation services
within the City of Newport Beach shall pay Normal Charges as specified in this Resolution.
In no event shall any person be denied ALS, ALS Non -Transport, BLS, BLS Non -
Transport, or emergency ambulance transportation services because of the inability or
failure to pay the Paramedic Subscription Fee or Normal Charges required by this
Resolution. Members receiving ALS, ALS Non -Transport, BLS, BLS Non -Transport or
emergency ambulance transportation services within the City of Newport Beach shall
have their payment for services adjusted as described under Member Benefits.
Section 5: Paramedic Subscription Program.
a. Eligibility. The Paramedic Subscription Program is open to residents and
Businesses located within the City of Newport Beach and other persons
deemed eligible by regulation promulgated by the City Manager.
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b. Enrollment. Any eligible person or Business who enrolls shall become a
Member immediately upon receipt of payment. As long as the Member
remains in good payment standing, the Member shall not be required to pay
the Normal Charges for emergency medical care and emergency
ambulance transportation services.
C. Members Benefits. Member's Subscription Fee is considered as
prepayment of the uninsured portion of ALS, ALS Non -Transport, BLS, BLS
Non -Transport, and emergency ambulance transportation charges.
Members shall not be charged directly for emergency medical care and
emergency ambulance transportation services if they agree to assign any
applicable benefits of any insurance policy to the City for services provided.
In instances where a Member also holds status as a payor for an insurance
plan, the benefits of the membership shall not extend to an obligation as an
insurance payor. The Member shall still assign any applicable benefits of
the insurance policy to the City for services provided.
For Resident Member benefits to apply to a resident of the City, the
emergency precipitating the call for service must have occurred within the
City of Newport Beach. For Resident Member benefits to apply to a guest
or visitor of a resident of the City, the emergency precipitating the call for
service must have occurred on the residential property exclusively owned,
leased, or rented by the Resident Member in the City of Newport Beach.
Any injuries occurring outside the residential property, including, but not
limited to, sidewalks, parks managed by a homeowners association, and
pools managed by a homeowners association, shall not be covered under
the Resident Member's benefits.
For Business Member benefits to apply, the emergency precipitating the call
for service must have occurred on the property rented, leased, or owned by
the business in the City of Newport Beach. Any injuries occurring outside
of the business property, including, but not limited to, sidewalks, alleyways,
and parking lots not under the exclusive ownership and control of the
Business Member, shall not be covered under the Business Member's
benefits.
d. Paramedic Subscription Fees.
i. The annual Paramedic Subscription Fee for a Resident Member
shall be $60.00 per calendar year;
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ii. The annual Paramedic Subscription Fee for a Business Member
shall be calculated per calendar year as follows:
(1) Businesses with 10 owners and employees, cumulatively, or
less shall have an annual subscription fee of $60.00.
(2) In addition to the standard $60.00 subscription fee,
businesses with over 10 owners and employees, cumulatively, shall
incur an additional charge of $25.00 per group of 10 owners and
employees, cumulatively, for a maximum of 150 employees (14
additional groups) and a maximum subscription fee of $410.00.
(3) Businesses with over 150 owners and employees,
cumulatively, will not be eligible for the Paramedic Subscription
Program.
e. Payment of Fees.
i. Paramedic Subscription Fees for Resident Members shall be paid as
follows:
(1) The payment of $60.00 upon enrollment or annual renewal;
(2) In the event a Municipal Services Statement is sent to the
dwelling unit of the Resident Member, the payment of that portion of
the annual Paramedic Subscription Fee shown on the Municipal
Services Statement on or before the due date shown on the
statement.
ii. Paramedic Subscription Fees for Business Members shall be paid
as follows:
(1) The payment of the required annual Paramedic Subscription
Fees upon enrollment or renewal;
(2) In the event a Municipal Services Statement is sent to the
business location, the payment of that portion of the annual
Paramedic Subscription Fee shown on the Municipal Services
Statement on or before the due date shown on the statement.
f. Termination of Membership. Membership may terminate in the event of any
of the following:
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i. The City Council of the City of Newport Beach terminates or modifies
the Paramedic Subscription Program through rescission or amendment of
this Resolution, or a successor resolution, in which event the City shall
refund, on a prorated basis, the unused portion of the Member's Paramedic
Subscription Fee;
ii. Failure to pay the Paramedic Subscription Fee on or before the due
date shown on the Municipal Services Statement. Membership may be
reinstated if at any time the Paramedic Subscription Fee for that Member is
paid.
iii. In the event a Member moves to another address within the City of
Newport Beach, the Member is required to notify the Newport Beach Fire
Department via mail or by emailing firemedics@nbfd.net to provide their
new City of Newport Beach address for service. Membership shall not carry
over to the new City of Newport Beach address until the Newport Beach
Fire Department receives notification of the new address by the Member in
the manner described above.
Section 6: Normal Charges. The charges for rendering emergency medical
services to Non -Members shall be as specified in the adopted Fee Schedule of the City
of Newport Beach.
Section 7: Implementation. The City Manager shall have the authority to
promulgate regulations necessary or appropriate to the administration of the Paramedic
Subscription Program, the provision of services described in this Resolution, and the
billing or collection of charges due for the provision of emergency medical services.
Section 8: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 9: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Resolution No. 2019-105
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Section 10: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 11: This resolution shall take effect on January 1, 2020, and the City
Clerk shall certify the vote adopting the resolution.
ADOPTED this 10th day of December, 2019.
ATTEST:
M"MJA' •�
BrownLeilani 1.
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
4 ron C. Har
City Attorney
lane B. Dixon W/
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-105, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 10th day of December, 2019; and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 111h day of December, 2019.
Leilani I. Brown
City Clerk
Newport Beach, California