Item 3: Ordinance on First-Response Fee

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There is currently code to support ambulance service fees: 2.608 Ambulance Services - Fees. (1) The city manager may set all rates and fees for any ambulance service operated by the city. Except in an emergency when such rates and fees may be immediately imposed, all rates and fees shall be established only after public notice, hearing and findings that the proposed adjustments are: (a) in the public interest, (b) except as approved by the council, insure the ambulance service will not draw on the general tax revenues of the city, and (c) will insure those who receive the service pay in proportion to the cost of the service provided. (2) The decision of the city manager to establish rates and fees in subsection (1) above shall be final unless an aggrieved person appeals the decision to the council. The appeal shall be in writing and filed with the council within 30 days of the city manager's decision. Except in an emergency, the appeal suspends implementation of the city manager's decision until the council hears the appeal. The council shall hear the appeal promptly and affirm, modify or repeal the decision of the city manager. (3) The city manager or the manager’s designate shall pursue collection of fees and charges established under subsections (1) and (2) by all lawful remedies available to the city to recover costs for services rendered plus collection costs, including attorney fees. In order to sustain the firefighting portion of the department, it is requested that an ordinance be established allowing out-of-area users of Fire Department services to be charged a first response fee. A public hearing on the proposed ordinance was held on September 19, 2011. A question arose as to the meaning of the definition of “out-of-area person.” For clarification, a definition has been added to the code provision to read as follows: “As used in this section, ‘out-of-area person’ means persons residing outside of the cities of Eugene and Springfield and any special district which contracts with the cities of Eugene or Springfield to provide their fire service.” COUNCIL OPTIONS 1. Adopt the ordinance as proposed. 2. Adopt the ordinance as amended by the council. 3. Provide other direction. CITY MANAGER’S RECOMMENDATION The City Manager recommends adoption of the ordinance as proposed. PUBLIC COMMENT A public hearing was held September 19, 2011. No public comments were received. In response to the question concerning the percentage of calls for users outside of Lane County, 31% of the calls reviewed were for patients who live outside of Lane County. S:\CMO\2011 Council Agendas\M110926\S1109263.doc