HomeMy WebLinkAbout2012/01/10 Item 02TY COUNCIL
STATEMENT
~~~ C1TY OF
CHUTAVISTA
JANUARY 10, 2012, Item ~
ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER
5.10, "AMBULANCES" TO REMOVE OUTDATED
PROVISIONS, ELIMINATE LIMITS ON TRANSPORT
RATES, AND MAKE OTHER CONFORMING CHANGES
SUBMITTED BY: CITY ATTORNE
REVIEWED BY: CITY MANAGER
4/STHS VOTE: YES ~ NO
SUMMARY
Chula Vista Municipal Code chapter 5.10 governs the operation of ambulances within the
City limits. The proposed amendment would update the chapter to align it with current City
practices and state law regulating emergency medical services, and would eliminate the
requirement that the City's ambulance provider rates be lower than the prevailing County
rate.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that there is
no possibility that the activity may have a significant effect on the environment;
therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is
not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Staff recommends that the City Council approve the ordinance on first reading, and
agendize it for a second reading and adoption at the next City Council meeting.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Chula Vista Municipal Code chapter 5.10 governs the operation of ambulances within the
City. It was originally adopted in 1964. In 1980, California enacted the Emergency
Medical Services System and Pre-hospital Emergency Medical Care Personnel Act
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JANUARY 10, 2012, Item ~
Page2of3
("EMS Act"}. The EMS Act created a statutory scheme to provide a statewide system for
emergency medical services. The EMS Act limited the City's authority with respect to
ambulance services. For example, in selecting an ambulance provider, the City must
follow the procedures required by the EMS Act, as administered by the local EMS
Authority (in our case, the County of San Diego). Sections 5.10.310 through 5.10.340 set
forth the City's procedures for the selection and designation of an ambulance provider for
emergency services. Several of the provisions in these sections are preempted by the
EMS Act. The proposed ordinance amendments are intended to update the chapter in
light of these preemption issues.
In addition, section 5.10.340 currently states that the ambulance service provider's rates
may not exceed the prevailing rates within the County. This provision was incorporated
into the City's purchasing and rate setting procedures for ambulance services. Those
procedures are now outdated due to the EMS Act. Accordingly, staff is also
recommending that the rate cap provision be eliminated. This modification is necessary
in order to accommodate currently proposed enhancements to emergency medical
services within the City. The City's fire personnel currently provide basic life support
services on medical calls in the City. They may begin providing advanced life support
services on those calls, as well, in order to deliver such services more quickly. If this
occurs, or if AMR provides enhanced advanced life support services itself, it is
anticipated that the ambulance rates charged to recipients of those medical services will
increase above the prevailing County rate. Eliminating the current rate cap would
accommodate the cost increase necessary to implement this enhanced level of service.
Finally, the proposed amendment updates the service and inspection requirements for
ambulances operating in the City (sections 5.10.80, 5.10.90 and 5.10.200); revises the
insurance requirements for ambulance providers and includes some clean-up edits, such
as re-numbering. All proposed amendments are shown in redline/strike-out on Exhibit A
to this Agenda Statement.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
This item is recommending changes to the Chula Vista Municipal Code chapter 5.10
which would align the chapter with current City practices and state law regulating
emergency medical services, and eliminate the requirement that the City's ambulance
provider rates be lower than the prevailing County rate. The item does not change the
existing ambulance provider rate resulting in no fiscal impact.
ONGOING FISCAL IMPACT
Any on-going fiscal impacts related to changes to the ambulance provider rates would be
analyzed at the time the recommended rates are brought forward for Council
consideration.
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JANUARY 10, 2012, Item
Page 3 of 3
ATTACHMENTS
Exhibit A - CVMC Chapter 5.10, reflecting proposed amendments in redline/strike-out
format.
Prepared by: Jill Maland, Assistant City Attorney, City Attorney's Department
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EXHIBIT A TO AGENDA STATEMENT RE: ORDINANCE AMENDING CHAPTER 5.10
Chula Vista Municipal Code Chapter 5.10, "Ambulances"
5.10.010 Definitions.
For the purpose of this chapter, unless otherwise expressly stated, the following words and
phrases shall have the meanings respectively ascribed to them by this section:
A. "Ambulance" means any privately owned vehicle used for the transportation of wounded,
injured or sick persons; on a for-hire basis, which is operated on or over the streets of the
city;
B. "Ambulance driver" .means any person in charge of or operating any
ambulance, as herein defined, either as agent, employee, or otherwise of owner; as owner; or
under the direction of the owner as herein defined;
C. "Ambulance owner" means any person, firm or corporation having use or control of any
ambulance as herein defined, whether as owner, lessee or otherwise;
D. "Certificate" means a certificate of public convenience and necessity;
E. "Street" means any place commonly used for the purpose of public travel within
the city. (Ord. 886 § 1, 1964; prior code § 31.50).
5.10.020 Certificate -Required -Exemptions.
No person shall engage in the business of operating an ambulance or ambulances
for profit on a for-hire basis within the city without first having obtained a certificate of
public convenience and necessity from the council of the city; provided, however, that
ambulances conveying emergency medical transportation teams for the handling of urgent
special medical cases shall be exempt from the said requirement. Such ambulances which are
necessary for the handling of such cases shall be manned by a team including a
medical doctor. It shall be required that any such ambulance providing a medical team shall
advise the police department prior to their operation in the city that such a unit is entering the
city and properly identify it so that there will be no stopping of such vehicles by units of the
police department. Such an ambulance service shall be subject to a business license tax as
provided in this title. (Ord. 2408 § 1, 1990; Ord. 1374 § 1, 1971; Ord. 886 § 1, 1964; prior
code § 31.51).
.5.10.030 Certificate -Application required -Contents.
All persons applying to the city council for a certificate for the operation of one or more
ambulances shall file with the council a sworn application therefor on forms provided by the
council and containing information as follows:
A. The name of the applicant and trade name, if any, under which he intends to conduct his
business; and if the applicant be a partnership, the name of each member thereof, whether a
limited or general partner, and the name under which the partnership business is to be
conducted; and if the applicant be a corporation, the name of the corporation and the name of 2-4
each of its officers, directors and stockholders;
B. The business address and residence address of the applicant; and if the applicant be a
partnership, the business address of the partnership and the residence address of each partner
thereof, whether he be a limited or general partner; and if the applicant be a corporation, the
address of the corporation and the residence address of each one of its officers, directors and
stockholders;
C. The number of ambulances actually owned and/or leased, and the number of ambulances
actually operated by such applicant on the date of application, if any;
D. A description of each such ambulance, including the make, model, year of manufacture,
and license number by the state of California;
E. The location or station address of each such ambulance;
F. A photograph of each such ambulance, the photograph having dimensions of at least eight
inches by 10 inches and showing a lengthwise view of such ambulance;
G. A description of the proposed color scheme, insignia, trade style and/or any other
distinguishing characteristics of the proposed ambulance design;
H. Such other information as the council may, in its discretion, require. (Ord. 886 § 1, 1964;
prior code § 31.51.1).
5.10.040 Certificate -Investigation fee required.
Repealed by Ord. 2506 ~ 1, 1992. (Ord. 2408 § 1, 1990; Ord. 886 § 1, 1964; prior code §
31.51.2).
5.10.050 Certificate -Granting by city council when -Public hearing. No certificate
shall be granted until the city council shall declare by resolution that the public convenience
and necessity require the proposed ambulance service.
In determining whether the public convenience and necessity require the operation of an
ambulance or ambulances for which an application is made, the council shall hold such
public hearings as may be necessary to determine that fact. (Ord. 886 § 1, 1964; prior code §
31.51.3).
5.10.060 Investigation -Criteria -Report required.
Before any application is acted upon, the chief administrative officer shall cause an
investigation to be made and shall report his findings in writing to the council on the
following:
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A. The demand of the public for ambulance service or additional ambulance service;
A-B. The adequacy of existing ambulance service;
~C. The financial responsibility and experience of the applicant;
~D. The compliance or noncompliance of the applicant with the provisions of
CVMC 5.10.080 through 5.10.100;
~-: E. Such other relevant facts as the city council may deem advisable or necessary.
(Ord. 886 § 1, 1964; prior code § 31.51.4).
5.10.070 Certificate -Grounds for denial.
The following shall be prima facie grounds for denial of a certificate, as required by CVMC
5.10.020:
A. The applicant or one of the partners, if the applicant be a partnership, or one or more of
the officers of the corporation, if the business be a corporation, or one or more of the
directors or of the stockholders, if the policy of such corporation will be directed,
controlled or managed by any stockholder or stockholders, has been convicted of a felony or
crime involving moral turpitude in this state or in any other state or jurisdiction, unless at
least two years shall have elapsed since his discharge from a penal institution or probation or
concluded parole, during which period of time his record shows there is no evidence of the
probable commission of other felonies or crimes involving moral turpitude;
B. The applicant or one of the partners, if the applicant be a partnership, or one or more of the
officers, directors or stockholders of the corporation, if the business be a corporation, has an
existing proprietary interest in an ambulance business for which a certificate of public
convenience and necessity, as described in CVMC 5.10.020; has been issued or applied for;
C. The ambulance or ambulances for which such certificate is applicable appear to be
unsafe, inadequate or improperly equipped as required herein;
D. The existing ambulance service, available to the public within the city, is adequate to
meet the public demand for such service;
E. The applicant is unable to establish a degree of financial responsibility required herein;
F. The applicant is unable to demonstrate the extent of experience in the operation
of ambulances required herein;
1=G. The applicant has failed to otherwise comply with all the requirements of this
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chapter pertaining to ambulances prior to the commencement of operation of the proposed
service. (Ord. 886 § 1, 1964; prior code § 31.51.5).
5.10.080 Ambulance -Mechanical requirements -Inspection required. Each
ambulance to be operated under a certificate of public convenience and necessity as described
herein shall be safe, adequate and mechanically sound. Such condition shall be evidenced by a
report of inspection satisfactorily passed in all respects for said ambulance, issued by
an inspection station duly authorized for such purpose by the state of California. For the
purposes of this section, such inspection must have been made within 30 days of the
application referred to in CVMC 5.10.020. For the purposes of this section, no ambulance
shall be considered safe, adequate or mechanically sound which is older than x-95 years,
counting the year of chassis manufacture as the first year, or which has more than 250,000
miles. The body of each such ambulance shall be so designed and constructed as to
accommodate the driver and an attendant in the front or the driver's compartment, and
accommodation for at least two stretcher patients and an attendant in the rear or passenger
compartment, with such additional space provided as is required for the necessary equipment
as set forth in this chapter. (Ord. 886 § 1, 1964; prior code § 31.52).
5.10.090 Ambulance -Equipment required.
No certificate shall be issued unless and until the fire chief e~pel~e= or his designated officer
or agent has determined upon personal inspection that each one of the ambulances to be
operated under the certificate contains all of the following_~~~:
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~f~~~~c-}c~~a ~ '~ '' ' Equipment and supplies required by
California Health and Safety Code Division 2.5, section 1797.204 as may be amended
from time to time, and additional equipment and supplies as may be required by the
Fire Chief;
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BB.. All authorized and prescribed equipment required for vehicles of such class by
the California Vehicle Code;
gC. A rate schedule for services posted, in a conspicuous place in each ambulance.
(Ord. 886 § 1, 1964; prior code § 31.52.1).
5.10.100 Ambulance -Name of company to be displayed how.
Each ambulance shall have painted, in a conspicuous place on the rear panel of such
ambulance, the following:
A. The company's name as it appears on the certificate, painted in not less than one and one-
half-inch letters;
B. The certificate number, in not less than one-half-inch letters. (Ord. 886 § 1, 1964; prior
code § 31.52.2).
5.10.110 Driver's license -Required for driver and attendants. Repealed by Ord. 206 ~
Z 1992. (Ord. 886 § 1, 1964; prior code § 31.53).
5.10.120 Driver's license -Application.
Repealed by Ord. 206 § 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.1}.
5.10.130 Driver's license -Grounds for denial.
Repealed by Ord. 2506 ~ 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.2).
5.10.140 Driver's license -Issuance -Period of validity.
Repealed by Ord. 2506 ~' 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.3).
5.10.150 Driver's license -Grounds for suspension, revocation or nonrenewal.
Repealed by Ord. 2506 ,~ 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.4).
5.10.160 Training to be kept current.
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Repealed by Ord. 2~06,~ Z 1992. (Ord. 886 § 1, 1964; prior code § 31.53.5).
5.10.170 Personnel required for operation.
Repealed by Ord. 2506 ~ 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.6).
5.10.180 Certificate - Nontransferability.
Each certificate issued pursuant to CVMC 5.10.020 through 5.10.070 shall be separate and
distinct from all others and shall not be transferable from the person, firm or corporation to
whom issued to any other person, firm or corporation. (Ord. 88b § 1, 1964; prior code §
31.54).
5.10.190 Ambulance -Sale or transfer -Issuance of new certificate when. Whenever an
owner sells or transfers title to, or assigns the lease of or subleases, an ambulance or
ambulances, and within 30 days after such sale, transfer, assignment or sublease, purchases or
leases another ambulance or a like number of other ambulances, then said owner shall, as
a matter of right, upon written application to the chief administrative officer within 30 days
of such purchase or lease, be issued a new certificate for the operation of no greater number
of ambulances than those operated prior to the sale, transfer, assignment or sublease;
and provided, said owner has complied with all the provisions of this chapter relating to
ambulances. (Ord. 886 § 1, 1964; prior code § 31.54.1).
5.10.200 Ambulance -Destruction -Issuance of new certificate when. Any owner
whose ambulance or ambulances have been destroyed, voluntarily or otherwise, shall as a
matter of right, upon written application to the chief administrative officer within 30 days after
such destruction, and upon satisfactory evidence presented therewith of such destruction, be
issued a new certificate for the operation of no greater number of ambulances than those
operated prior to the destruction of any ambulance or ambulances; provided, said owner has
complied with all the provisions. of this chapter relating to ambulances. (Ord. 886 § 1, 1964;
prior code § 31.54.2).
5.10.210 Report of changes affecting certification required when. Every owner shall
report any change in the information required by CVMC 5.10.020 through 5.10.070 to the city
manager within five days after the change has occurred. (Ord. 2408 § 1, 1990; Ord. 886 § 1,
1964; prior code § 31.54.3).
5.10.220 Certificate -Surrender following suspension or revocation. Whenever a
certificate has been suspended or revoked by the city council, the owner of the ambulance or
ambulances for which such certificate was issued shall forthwith surrender such certificate to
the city manager, and the operation of such ambulance or ambulances shall cease. (Ord. 2408
§ 1, 1990; Ord. 886 § 1, 1964; prior code § 31.54.4).
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5.10.230 License tax.
Every person engaged in the occupation of driving or serving as attendant of any ambulance
shall pay a license tax as presently designated, or as may in the future be amended, in Section
5.10.230 of the master tax schedule in CVMC 5.07.030. (Ord. 2408 § 1, 1990; Ord. 886 § 1,
1964; prior code § 31.55).
5.10.240 Ambulance -Inspection required.
The fire chief ~~= of the city or any officer designated by him is authorized and
empowered to inspect any ambulance for the purpose of ascertaining whether the provisions
of CVMC 5.10.080 through 5.10.100 are being observed and complied with. No person shall
obstruct or interfere with any such inspection. (Ord. 886 § 1, 1964; prior code § 31.55.1).
5.10.250 Insurance requirements.
No person shall own, operate or direct the operation of any ambulance unless there shall be
filed with the city clerk a policy of insurance executed and delivered by a company
authorized to carry on an insurance business in the state of California, by the terms of which
said insurance company assumes responsibility for death or injuries to persons or damage to
property caused by the operation of said ambulance in the ~ 'mob minimum amounts:
required by state law and/or established and kept on file with, the City's Risk Manager.
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5.10.260 Certificate -Issuance prerequisites.
No certificate shall be issued for the operation of any ambulance or ambulances, as required
in this chapter, unless and until the ambulance owner concerned shall have fully complied
with all the applicable provisions and requirements thereof relative to the ambulances. (Ord.
886 § 1, 1964; prior code § 31.56).
5.10.270 Certificate -Suspension and revocation -Authority.
The city council shall have the power to suspend any certificate upon receipt of information
indicating that the ambulance owner concerned is not complying fully with all the
applicable provisions of this chapter relative to ambulances. (Ord. 886 § 1, 1964; prior
code § 31.56.1).
5.10.280 Certificate -Suspension and revocation -Hearing.
Whenever the city council shall suspend the certificate for an ambulance or ambulances, as
provided in this chapter, the owner of said ambulance or ambulances shall have a right to a
hearing before the council to determine
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whether such suspension shall be continued or terminated. (Ord. 886 § 1, 1964; prior code
§ 31.56.2).
5.10.290 Certificate -Suspension and revocation -Disposition following hearing.
Upon the conclusion of such hearing, the council may, based upon its findings, terminate
such suspension and restore the certificate or continue such suspension for a time
certain and so specified, or in the alternative, may revoke such certificate. (Ord. 886 § 1,
1964; prior code § 31.56.3).
5.10.300 Certificate - Reissuance after revocation.
No application for the issuance of a certificate by an owner whose certificate has been
previously revoked shall be accepted until the expiration of one year from the date of such
revocation. (Ord. 886 § 1, 1964; prior code § 31.56.4).
5.10.310 Emergency services -Intent and purpose.
The Citv may elect to provide itself or to enter.. into an exclusive contract with an-one
ambulance operator for the provision of emer~ency medical care and transport services
within the City in response to emergency medical calls received through 911 and/or public
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5.10.320 Emergency services -Regulations and limitations.
c~srrmr~ crcc~acor~'nutciri=cc-coirrrucc-;v'vT
Eemergency medical services provided pursuant to section 5.10.310. This shall be dens
provided in compliance with state law including the Emer~ency Medical Services System
and Pre-hospital Emergency Medical Care Personnel Act (California Health and Safety Code
x$1797 et sew) and or any related or successor legislation. *'~° ^^r*r^^* ~'~^" '~° °•~'~~°^+ +^
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'a ° n ^l'^~ ° ~r°*°a ^~'.1~An and all ambulance o erators not
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so selected and designated ~+ *° +''° ,.,^'~^~°° °£+'~°zity ci~iiiacil are hereby prohibited
from engaging in such emergency work; provided, however, that the patient involved in an
emergency situation may designate any ambulance service to be called, if said service is
operating within the city pursuant to the permits required by this chapter. (Ord. 1022 § 2,
1966; prior code § 31.57.1).
5.10.330 Emergency services -Selection of operator -Procedure. ~e-ei#~
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~~1-p~-~~~~e~t~e~r--{~~~ ' ~`''' ~ '' ' °~~' ~~° ~ `=' `~ '" if the City elects to
contract for emergency medical care and transport services it shall do so in accordance
with state law and such other policies consistent therewith as may be adopted by City
Council by resolution. If consistent with state law, contracts without competitive bidding
maybe approved provided that the City Council makes the findings provided in Chula
Vista Municipal Code sections 2.56.070.B.3 or 4.
5.10.340 Emergency services -Rate schedules to be filed.
The company so designated pursuant to +''° +°rm~ ~~ CVMC 5.10.310 through 5.10.3240
~~e-~e--re~e~ierr-ems ^~+~r ^~' °'~~" °"'~"'"~+ shall a r~ ee to a maximum rate
schedule in conjunction with the contract.'~~a, ~„~ ~~~~' The maximum rate schedule shall
be strictly adhered to and shall be maintained in the office of the city clerk and shall not
be changed or modified during the term of the contract without the approval of the city
council ~ -'-' --~-- --- ---± - - ,a +~,° ~+° ;i; V ,z-t,,° „+. ~ c r,;°v . In
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addition, all companies operating under a certificate of convenience and necessity in the
city shall file their rate schedules in the office of the city clerk. (Ord. 1022 § 2, 1966; prior
code § 31.57.3).
5.10.350 Violation -Penalty.
It is unlawful to intentionally fail to comply with any of the requirements
established by this chapter pertaining to ambulances. (Ord. 2506 § 1, 1992; Ord. 886 § 1,
1964; prior code § 31.58).
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTER 5.10, "AMBULANCES" TO
REMOVE OUTDATED PROVISIONS, ELIMINATE LIMITS ON
TRANSPORT RATES, AND MAKE OTHER CONFORMING
CHANGES
WHEREAS, originally adopted in 1964, Chula Vista Municipal Code ("CVMC") chapter 5.10
governs the operation of ambulances within the City; and
WHEREAS, in 1980, California enacted the Emergency Medical Services System and Pre-
hospital Emergency Medical Care Personnel Act ("EMS Act"); and
WHEREAS, the EMS Act created a statutory scheme to provide a statewide system for emergency
medical services; and
WHEREAS, the EMS Act limited the City's authority with respect to ambulance services and
preempted certain provisions of CVMC chapter 5.10; and
WHEREAS, in selecting an ambulance provider, the City must comply with the EMS Act, as
administered by the City's local EMS Authority (the County of San Diego); and
WHEREAS, CVMC section 5.10.090, setting forth the required equipment and supplies for
ambulances, needs to be updated to comply with current state law requirements; and
WHEREAS, CVMC sections 5.10.310 through 5.10.340 contain the City's procedures for
procuring an ambulance operator to provide emergency medical services in the City, and those procedures
need to be updated in light of the EMS Act; and
WHEREAS, the procurement procedures also contain a rate cap, which City staff is
recommending be eliminated because the City in order to accommodate currently proposed enhancements
to emergency medical services within the City; specifically, if the City's fire personnel begin providing
advanced life support services, or if the current ambulance provider begins providing enhanced advanced
life support services, it is anticipated that the ambulance rates charged to recipients of those medical
services will increase above the prevailing County rate; eliminating the current rate cap would
accommodate the cost increase necessary to implement this enhanced level of service; and
WHEREAS, the proposed amendments also contain recommended updates to the inspection and
insurance requirements for ambulances operating in the City and clean-up edits to chapter 5.10.
SECTION I: NOW THEREFORE BE IT ORDAINED, that the City of Chula Vista does hereby find
and determine that Chapter 5.10 of the Chula Vista Municipal Code is hereby amended, as follows:
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5.10.010 Definitions.
For the purpose of this chapter, unless otherwise expressly stated, the following words and
phrases shall have the meanings respectively ascribed to them by this section:
A. "Ambulance" means any privately owned vehicle used for the transportation of wounded,
injured or sick persons, on a for-hire basis, which is operated on or over the streets of the
city;
B. "Ambulance driver" means any person in charge of or operating any
ambulance, as herein defined, either as agent, employee, or otherwise of owner; as owner; or
under the direction of the owner as herein defined;
C. "Ambulance owner" means any person, firm or corporation having use or control of any
ambulance as herein defined, whether as owner, lessee or otherwise;
D. "Certificate" means a certificate of public convenience and necessity;
E. "Street" means any place commonly used for the purpose of public travel within
the city. (Ord. 886 § 1, 1964; prior code § 31.50).
5.10.020 Certificate -Required -Exemptions.
No person shall engage in the business of operating an ambulance or ambulances
for profit on a for-hire basis within the city without first having obtained a certificate of
public convenience and necessity from the council of the city; provided, however, that
ambulances conveying emergency medical transportation teams for the handling of urgent
special medical cases shall be exempt from the said requirement. Such ambulances which are
necessary for the handling of such cases shall be manned- by a team including a
medical doctor. It shall be required that any such ambulance providing a medical team shall
advise the police department prior to their operation in the city that such a unit is entering the
city and properly identify it so that there will be no stopping of such vehicles by units of the
police department. Such an ambulance service shall be subject to a business license tax as
provided in this title. (Ord. 2408 § 1, 1990; Ord. 1374 § 1, 1971; Ord. 886 § 1, 1964; prior
code § 31.51).
5.10.030 Certificate -Application required -Contents.
All persons applying to the city council for a certificate for the operation of one or more
ambulances shall .file with the council a sworn application therefor on forms provided by the
council and containing information as follows:
A. The name of the applicant and trade name, if any, under which he intends to conduct his
business; and if the applicant be a partnership, the name of each member thereof, whether a
limited or general partner, and the name under which the partnership business is to be
conducted; and if the applicant be a corporation, the name of the corporation and the name of
each of its officers, directors and stockholders;
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B. The business address and residence address of the applicant; and if the applicant be a
partnership, the business address of the partnership and the residence address of each partner
thereof, whether he be a limited or general partner; and if the applicant be a corporation, the
address of the corporation and the residence address of each one of its officers, directors and
stockholders;
C. The number of ambulances actually owned and/or leased, and the number of ambulances
actually operated by such applicant on the date of application, if any;
D. A description of each such ambulance, including the make, model, year of manufacture,
and license number by the state of California;
E. The location or station address of each such ambulance;
F. A photograph of each such ambulance, the photograph having dimensions of at least eight
inches by 10 inches and showing a lengthwise view of such ambulance;
G. A description of the proposed color scheme, insignia, trade style and/or any other
distinguishing characteristics of the proposed ambulance design;
H. Such other information as the council may, in its discretion, require. (Ord. 886 § 1, 1964;
prior code § 31.51.1).
5.10.040 Certificate -Investigation fee required.
Repealed by Ord. 2506 ,~ 1, 1992. (Ord. 2408 § 1, 1990; Ord. 886 § 1, 1964; prior code §
31.51.2}.
5.10.050 Certificate -Granting by city council when -Public hearing. No certificate
shall be granted until the city council shall declare by resolution that the public convenience
and necessity require the proposed ambulance service.
In determining whether the public convenience and necessity require the operation of an
ambulance or ambulances for which an application is made, the council shall hold such
public hearings as may be necessary to determine that fact. (Ord. 886 § 1, 1964; prior code §
31.51.3).
5.10.060 Investigation -Criteria -Report required.
Before any application is acted upon, the chief administrative officer shall cause an
investigation to be made and shall report his findings in writing to the council on the
following:
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A. The demand of the public for ambulance service or additional ambulance service;
A:B. The adequacy of existing ambulance service;
l~C. The financial responsibility and experience of the applicant;
GD. The compliance or noncompliance of the applicant with the provisions of
CVMC 5.10.080 through 5.10.100;
~E. Such other relevant facts as the city council may deem advisable or necessary.
(Ord. 886 § 1, 1964; prior code § 31.51.4).
5.10.070 Certificate -Grounds for denial.
The following shall be prima facie grounds for denial of a certificate, as required by CVMC
5.10.020:
A. The applicant or one of the partners, if the applicant be a partnership, or one or more of
the officers of the corporation, if the business be a corporation, or one or more of the
directors or of the stockholders, if the policy of such corporation will be directed,
controlled or managed by any stockholder or stockholders, has been convicted of a felony or
crime involving moral turpitude in this state or in any other state or jurisdiction, unless at
least two years shall have elapsed since his discharge from a penal institution or probation or
concluded parole, during which period of time his record shows there is no evidence of the
probable commission of other felonies or crimes involving moral turpitude;
B. The applicant or one of the partners, if the applicant be a partnership, or one or more of the
officers, directors or stockholders of the corporation, if the business be a corporation, has an
existing proprietary interest in an ambulance business for which a certificate of public
convenience and necessity, as described in CVMC 5.10.020, has been issued or applied for;
C. The ambulance or ambulances for which such certificate is applicable appear to be
unsafe, inadequate or improperly equipped as required herein;
D. The existing ambulance service, available to the public within the city, is adequate to
meet the public demand for such service;
E. The applicant is unable to establish a degree of financial responsibility required herein;
F. The applicant is unable to demonstrate the extent of experience in the operation
of ambulances required herein;
~G. The applicant has failed to otherwise comply with all the requiremer_ts of this
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chapter pertaining to ambulances prior to the commencement of operation of the proposed
service. (Ord. 886 § 1, 1964; prior code § 31.51.5).
5.10.080 Ambulance -Mechanical requirements -Inspection required. Each
ambulance to be operated under a certificate of public convenience and necessity as described
herein shall be safe, adequate and mechanically sound. Such condition shall be evidenced by a
report of inspection satisfactorily passed in all respects for said ambulance, issued by
an inspection station duly authorized for such purpose by the state of California. For the
purposes of this section, such inspection must have been made within 30 days of the
application referred to in CVMC 5.10.020. For the purposes of this section, no ambulance
shall be considered safe, adequate or mechanically sound which is older than x-95 years,
counting the year of chassis manufacture as the first year or which has more than 250,000
miles. The body of each such ambulance shall be so designed and constructed as to
accommodate the driver and an attendant in the front or the driver's compartment, and
accommodation for at least two stretcher patients and an attendant in the rear or passenger
compartment, with such additional space provided as is required for the necessary equipment
as set forth in this chapter. (Ord. 886 § 1, 1964; prior code § 31.52).
5.10.090 Ambulance -Equipment required.
No certificate shall be issued unless and until the fire chief e€peli~e_ or his designated officer
or agent has determined upon personal inspection that each one of the ambulances to be
operated under the certificate contains all of the following_~~~e-r~:
/~. ~e~gei~~--1r~13tH3 ,a „+t, o „+ „+l~„ o,a r,a ' ~, a i. +~, o
, r ~criveu vy' ~.
C-ali-f~e~i~c~~~~~r °~~~'~ ^~~~'~~~'^^^eEquipment and supplies required by
California Health and Safes Code Division 2.5. section 1797.204 as may be amended
from time to time. and additional equipment and supplies as may be required by the
Fire Chief;
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9B.. All authorized and prescribed equipment required for vehicles of such class by
the California Vehicle Code;
1?C. A rate schedule for services posted, in a conspicuous place in each ambulance.
(Ord. 886 § 1, 1964; prior code § 31.52.1).
5.10.100 Ambulance -Name of company to be displayed how.
Each ambulance shall have painted, in a conspicuous place on the rear panel of such
ambulance, the following:
A. The company's name as it appears on the certificate, painted in not less than one and one-
half-inch letters;
B. The certificate number, in not less than one-half-inch letters. (Ord. 886 § 1, 1964; prior
code § 31.52.2).
5.10.110 Driver's license -Required for driver and attendants. Repealed by Ord. 2506 ~
Z 1992. (Ord. 886 § 1, 1964; prior code § 31.53).
5.10.120 Driver's license -Application.
Repealed by Ord. 2506,¢ 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.1).
5.10.130 Driver's license -Grounds for denial.
Repealed by Ord. 2506 ,~ 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.2).
5.10.140 Driver's license -Issuance -Period of validity.
Repealed by Ord. 2506 ~ 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.3).
5.10.150 Driver's license -Grounds for suspension, revocation or nonrenewal.
Repealed by Ord. 2506,¢ 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.4).
5.10.160 Training to be kept current.
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Repealed by Ord. 2506 ~ Z 1992. (Ord. 886 § 1, 1964; prior code § 31.53.5).
5.10.170 Personnel required for operation.
Repealed by Ord. 2506 ~ 2, 1992. (Ord. 886 § 1, 1964; prior code § 31.53.6).
5.10.180 Certificate - Nontransferability.
Each certificate issued pursuant to CVMC 5.10.020 through 5.10.070 shall be separate and
distinct from all others and shall not be transferable from the person, firm or corporation to
whom issued to any other person, firm or corporation. (Ord. 886 § 1, 1964; prior code §
31.54).
5.10.190 Ambulance -Sale or transfer -Issuance of new certificate when. Whenever an
owner sells or transfers title to, or assigns the lease of or subleases, an ambulance or
ambulances, and within 30 days after such sale, transfer, assignment or sublease, purchases or
leases another ambulance or a like number of other ambulances, then said owner shall, as
a matter of right, upon written application to the chief administrative officer within 30 days
of such purchase or lease, be issued a new certificate for the operation of no greater number
of ambulances than those operated prior to the sale, transfer, assignment or sublease;
and provided, said owner has complied with all the provisions of this chapter relating to
ambulances. (Ord. 886 § 1, 1964; prior code § 31.54.1).
5.10.200 Ambulance -Destruction -Issuance of new certificate when. Any owner
whose ambulance or ambulances have been destroyed, voluntarily or otherwise, shall as a
matter of right, upon written application to the chief administrative officer within 30 days after
such destruction, and upon satisfactory evidence presented therewith of such destruction, be
issued a new certificate for the operation of no greater number of ambulances than those
operated prior to the destruction of any ambulance or ambulances; provided, said owner has
complied with all the provisions of this chapter relating to ambulances. (Ord. 886 § 1, 1964;
prior code § 31.54.2).
5.10.210 Report of changes affecting certification required when. Every owner shall
report any change in the information required by CVMC 5.10.020 through 5.10.070 to the city
manager within five days after the change has occurred. (Ord. 2408 § 1, 1990; Ord. 886 § 1,
1964; prior code § 31.54.3).
5.10.220 Certificate -Surrender following suspension or revocation. Whenever a
certificate has been suspended or revoked by the city council, the owner of the ambulance or
ambulances for which such certificate was issued shall forthwith surrender such certificate to
the city manager, and the operation of such ambulance or ambulances shall cease. (Ord. 2408
§ 1, 1990; Ord. 886 § 1, 1964; prior code § 31.54.4).
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5.10.230 License tax.
Every person engaged in the occupation of driving or serving as attendant of any ambulance
shall pay a license tax as presently designated, or as may in the future be amended, in Section
5.10.230 of the master tax schedule in CVMC 5.07.030. (Ord. 2408 § 1, 1990; Ord. 886 § 1,
1964; prior code § 31.55).
5.10.240 Ambulance -Inspection required.
The fire chief ewe= of the city or any officer designated by him is authorized and
empowered to inspect any ambulance for the purpose of ascertaining whether the provisions
of CVMC 5.10.080 through 5.10.100 are being observed and complied with. No person shall
obstruct or interfere with any such inspection. (Ord. 886 § 1, 1964; prior code § 31.55.1).
5.10.250 Insurance requirements.
No person shall own, operate or direct the operation of any ambulance unless there shall be
filed with the city clerk a policy of insurance executed and delivered by a company
authorized to carry on an insurance business in the state of California, by the terms of which
said insurance company assumes responsibility for death or injuries to persons or damage to
property caused by the operation of said ambulance in the ~ 'minimum amounts:
regLuired by state law and/or established and kept on file with, the City's Risk Manager.
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5.10.260 Certificate -Issuance prerequisites.
No certificate shall be issued for the operation of any ambulance or ambulances, as required
in this chapter, unless and until the ambulance owner concerned shall have fully complied
with all the applicable provisions and requirements thereof relative to the ambulances. (Ord.
886 § 1, 1964; prior code § 31.56).
5.10.270 Certificate -Suspension and revocation -Authority.
The city council shall have the power to suspend any certificate upon receipt of information
indicating that the ambulance owner concerned is not complying fully with all the
applicable provisions of this chapter relative to ambulances. (Ord. 886 § 1, 1964; prior
code § 31.56.1).
5.10.280 Certificate -Suspension and revocation -Hearing.
Whenever the city council shall suspend the certificate for an ambulance or ambulances, as
provided in this chapter, the owner of said ambulance or ambulances shall have a right to a
hearing before the council to determine
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whether such suspension shall be continued or terminated. (Ord. 886 § 1, 1964; prior code
§ 31.56.2).
5.10.290 Certificate -Suspension and revocation -Disposition following hearing.
Upon the conclusion of such hearing, the council may, based upon its findings, terminate
such suspension and restore the certificate or continue such suspension for a time
certain and so specified, or in the alternative, may revoke such certificate. (Ord. 886 § 1,
1964; prior code § 31.56.3).
5.10.300 Certificate - Reissuance after revocation.
No application for the issuance of a certificate by an owner whose certificate has been
previously revoked shall be accepted until the expiration of one year from the date of such
revocation. (Ord. 886 § 1, 1964; prior code § 31.56.4).
5.10.310 Emergency services -Intent and purpose.
The City may elect to provide itself or to enter into an exclusive contract with arrone
ambulance operator for the provision of emergency medical care and transport services
within the City in response to emergency medical calls received through 911 and/or public
safety dispatch and communication centers. T~~thc~ten' ^~ ~'~"`''~' ~:l-~o:~-r0~a~~
iIC[rI ^~ iue
LL'IZ'~22rJ~]eSTLCCIe'YI~ 21TLYL ~2ILGTGJCT'~ fChlJ ••'^'~^ ~'CYl ~I r~4°r°c4c ^'F °~~~ .~4 v~.~~in
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5.10.320 Emergency services -Regulations and limitations.
Eemer~encv medical services provided pursuant to section 5.10.310. This shall be dene
provided in compliance with state law including the Emer~encv Medical Services System
and Pre-hospital Emergency Medical Care Personnel Act (California Health and Safety Code
x$1797 et seq) and or any related or successor legislation. +'~° ^^^+r~^+ ~-'^~" '^° °~~'"°^+ +^
'a ° '' „ ,,.:binKted calf. Any and all ambulance operators not
so selected and designated ~+ *~ +'~° „°'~^~°° ~~+'~° ci ;' c.,~..ci' are hereby prohibited
from engaging in such emergency work; provided, however, that the patient involved in an
emergency situation may designate any ambulance service to be called, if said service is
operating within the city pursuant to the permits required by this chapter. (Ord. 1022 § 2,
1966; prior code § 31.57.1).
5.10.330 Emergency services -Selection of operator -Procedure. eke-amity
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~~~pe~e-~-~e-se-l~t~en--;~~~ ' ~~'' ~ ~ ' °~~' ""`'° ~ ~'' ~~ ~~ If the C1ty elects to
contract for emergency medical care and transport services it shall do so in accordance
with state law and such other policies consistent therewith as may be adopted by City
Council by resolution. If consistent with state law, contracts without competitive bidding
may be approved provided that the Citv Council makes the findings provided in Chula
Vista Munic~al Code sections 2.56.070.B.3 or 4.
5.10.340 Emergency services -Rate schedules to be filed.
The company so designated pursuant to +''° +°~~ ^~ CVMC 5.10.310 through 5.10.3240 ~-te
~e--res~e~i~ie~ref-tie-e~~Ee~°~' ~'~~" c~~'~m~' shall a reg e to a maximum rate schedule in
conjunction with the contract.'~~~', ~„a ~~~~' The maximum rate schedule shall be strictly adhered
to and shall be maintained in the office of the city clerk and shall not be changed or modified
during the term of the contract without the approval of the city council ~~:~ r~+°° ~,...,., ~^+ °~°°°a
+~ ~~~~~^ ~~ *~° ~ nt ~ ^f c^r n:°bo~ In addition, all companies operating under a
VCill L1V
certificate of convenience and necessity in the city shall file their rate schedules in the office of
the city clerk. (Ord. 1022 § 2, 1966; prior code § 31.57.3).
5.10.350 Violation -Penalty.
It is unlawful to intentionally fail to comply with any of the requirements established by
this chapter pertaining to ambulances. (Ord. 2506 § 1, 1992; Ord. 886 § 1, 1964; prior code §
31.58).
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SECTION II: EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its final
adoption.
Presented by
Glen R. Googins
City Attorney
Approved as to form by
len R. oogins
rney
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