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Home My WebLink AboutAgenda Packet - January 18, 1994 - CC BARBOSA GARCIA 8: ARNES A PARTNERSHIP INCLUDING A PRE/MS*10NA\1CORPORA7TON HENRY S. BARBOSA.P.C.* ATTORNEYS AT LAN - rR• OUN L BONIFACIO BONNY GARCIA SUITE 360 JOHN C.FITZGIBBONS DOUGLAS O. BARNES 600 CITADEL DRIVE NORMAN LIEBERMAN PETER E. LANGSFELD JOHN F. LAGLE WILLIAM A.VALLEJOS LOS ANGELES.CALIFORNIA 90040-1575 _ JONATHAN B.STONE TELEPHONE KENNETH T. FONG (213)689-6600 FRANCISCO LEAL AUGUSTIN R.JIMENEZ RAJEEV M.TALWANI FACSIMILE ALEX M. MOISA (213)889-6605 *A PROFESSIONAL CORPORATION January 10, 1994 Mr. Henry Garcia City Administrator City of Azusa 213 East Foothill Boulevard Azusa, California 91702 Re: Amicus Brief County of San Bernardino and Inland Counties Emergency Medical Agency. et al. v. City of San Bernardino. et al. Dear Henry: Enclosed please find a letter dated December 22, 1993 from Ruthann G. Ziegler, San Bernardino City Attorney's office, regarding the above-mentioned amicus brief matter. I am requesting that the City Council consider the attached request for Amicus Brief Support. This action will add the City as a named interested party and is without any financial cost to participate. If you are in agreement with the request, please direct that this item be placed on the next city council agenda. If you have any question regarding the enclosed material, please feel free to call upon me. Very truly yo /74 . Barbosa HSB:mo 3053.L 4iP(.4r / * Enclosure cc: Eugene F. Moses • RECEIVED DEC 2 7 1993 f ' • STANLEY W.KRONICK DONALD W.FITZGERALD KRON I C K JAMES P.WIEZEL GEORGE C.HOLLISTER ADOLPH MOSKOVITZ THOMAS C.HUGHES.IU EDWARD J.TIEDRMANN JOHN L.BUKEY M O S KOV I T Z ROBERT A.GALGANI NI CHRISTJONATHOPHER PP.CGROSSOART FREDERICK G.GIRARD RICHARD H.HART. R. SUSAN B.WRIGHT P. J PHILIP A.WRIGHT ANDREW B.POLLAK LLOYD HINKELMAN MICHAEL A.GROB 'rI E DE MANN DOROTHY S.LANDS/MG. CLIFFORD W.SCHULZ P.ADDISON COVERTHARRY R.BIVENS JAMES E.THOMPSON THOMAS W.BIRMINGHAM �G I RARD ANNIC AE MCSHA BRENDA WILLIAM JT. CHIEUM MICHAEL MCSNAN[ BRENDA).PENCE ROBERT E.MURPHY JAN K.DAMESYN ANTHONY B.MANZANETTI WENDY GOMEZ GETTY A FRGFESSIONAL CORPOKATION ROBERT S.SHELIURNE DEBORAH).FRICK JANIS J.FORTES PAUL F.KELLY JAMES M.BOYO,JR. ANN M.FREERS DAWN M.ROSS DOUGLAS H.KRAFT JANET K.GOLDSMITH JEFFERY M.STARSKY RORIN LESLIE STET/ART JAMES SCOT YARNELL OF COUNSEL WILLIAM A.KERSHAW MARK L.HITTER E.KENDELL DAVIS ma.11I) ROBERT A.RUNDSTROM DONNA M.MATTIES LEONARD M.FRIEDMAN€rm) RUTHANN G.ZIEGLER JEFFREY A.MITCHELL CHARLES A.BARRETT PAUL W.Torn LYLE W.COOK MARGARET HASTINGS-HALE December 22, 1993 Re: County of San Bernardino and Inland Counties Emergency Medical Agency, et al . v. City of San Bernardino, et al . Dear City Attorney: The purpose of this letter is to ask that you join in an amicus brief which this office will be submitting in the above-referenced case. Currently, the cities of Sacramento and Folsom, all fire districts within the County of Sacramento, the California Fire Districts Association, and the California Fire Chiefs Association have agreed to support the amicus brief. In addition, the League of Cities' Legal Advocacy Committee has reviewed this matter and voted to recommend to cities that they join the brief. The litigation concerns Health & Safety Code section 1797 et seq. , especially Section 1797 .201. The basic issue in this lawsuit is whether a city or fire district can provide emergency medical services, including emergency ambulance service, in the manner and scope, and at the level of service the city or fire district deems appropriate, or whether the city' s/fire district' s provision of such services is subject to the control, authorization, and/or veto of the County through its local emergency medical services agency. A related issue is whether a city which receives 9-1-1 calls may direct that its ambulances respond to a medical emergency, rather than the county directing that response shall be made from ambulances owned and operated by a private company under contract to the County. Within the County of San Bernardino, the County through its local emergency medical services agency attempted to block the City of San Bernardino and fire districts from providing emergency ambulance service, except on such terms as directed by the County. The County also attempted to require the City to have 9-1-1 emergency medical calls serviced by a private ambulance company under contract with the County. ATTORNEYS AT LAW 400 CAPITOL MALL,27"FLOOR SACRAMENTO,CALIFORNIA 95814-4417 TELEPHONE(916)321-4500 FAX(916)321.4555 December 22, 1993 Page 2 9801.1 Should the appellate court rule in favor of the County of San Bernardino and the private ambulance company, cities and fire districts throughout the state would be foreclosed from providing emergency medical services, except on such terms as the County may dictate. Even the most basic decisions, e.g. adding ambulances, providing paramedic services, or increasing the number of emergency medical technicians, would be subject to county control. We anticipate filing the amicus brief on or around January 7, 1994 . While I would appreciate hearing from you prior to that time, I recognize that this time frame is difficult, especially in light of the holidays. Therefore, I plan to file a supplemental notice to the court on or around January 25, 1994, indicating which cities have opted to support the brief. I would appreciate hearing from you no later than January 21, 1994, to indicate if your city wishes to support this brief. For your convenience, I have enclosed a form you may fill out and return to my office to indicate that your city wishes to be identified as supporting this brief. Of course, if you have any questions relating to this matter, please do not hesitate to contact me. -rely, volt RUTHANN . ZIEGLER RGZ/dll Enclosure cc w/enc. : Joanne Speers, General Counsel League of California Cities 1400 K Street Sacramento, CA 95814 123099.1 KRONICCK IRARD 1RARN 400 CiA19TOx AIL. FMRM S CRAxtf STA.CA 95814.4417 TEL.t916)321.45h Fax.49181321.4555 ATTENTION: Ruthann G. Ziegler Kronick, Moskovitz, Tiedemann & Girard 400 Capitol Mall, 27th Floor Sacramento, CA 95814-4417 Re: County of San Bernardino and Inland Counties Emergency Medical Aaencv, et al . v. City of San Bernardino, et The City of wishes to support the amicus brief you will be filing in the above-referenced matter. Signature Name (Printed) Title Address Telephone Number • Facsimile Number 123108.1 MOKSr;OVITZRONpICK N.GI RARDARD LX 40.:i" Flc,CArr rc ic MALL. SAC It AME TO.CA 9%14-4417 TEL 191613_1.45.. FAT 19161 t_L.tiss