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HomeMy WebLinkAboutORD NO 3638ORDIN C . NO. $ 6 8 AN ORDINANCE AMENDING SUBSECTIONS C AND F OF SECTION 5.10.010, SECTIONS 5.10.020, 5.10.030, 5.10.060, 5.10.070t 5.10.100, 5.10.110t 5.10.120~ 5.10.140v 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 Dublic convenience and necessitv - 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 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 certificate of public 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 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 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 discretion, require. E. The applicant shall pay a fee not to exceed the cost - 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 operation; - 3 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. 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 manager. 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 Dublic convenience and necessity - SusDenslon 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 been 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 beyond the control of the certificate holder which cause abandonment or limitation 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 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 Ambulance service charaes. 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 1 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 1 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 charges as submitted. The charges, as increased, decreased, accepted or altered by the city council, shall take effect on April 1 following the public hearing. - 5 - SECTION 9. Section 5.10.140 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.10.140 Replacement 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 ADDeals. 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. All 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- - 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 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. - 7 - OR~G;NAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the city of Bakersfield at a regular meeting thereof held on A~R 0 5~5 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDF~OTT, ROWLES, CHOW, SALVAGGIO ABSTAIN: COUNCILMEMBER ABS~T: COuNc~m~m~a ~3 Assistant CITY CLERK and Ex Of rk of the Council of the City of Bakersfield APPROVED APR 0 5 1995 Vice-Mayor APPROVED as to form: JUDY K. SKOUSEN City Attorney By: Assistant city Attorney JWS: rg ~:~mb.ord March 10, 1995 OR)GiNAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 7th day of April, 1995 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3638, passed by the Bakersfield City Council at a meeting held on the 5th day of April, 1995, and entitled: 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 ADDING SECTION 5.10.125 AND REPEALING SECTION 5.10.040 AND 5.10.080 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO AMBULANCES By: /s/ CAROL WILLIAMS City Clerk of the C~ty of Bakersfield UTY Cit~ Cle~