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HomeMy WebLinkAboutOrdinance #2088 ORDINANCE NO. 2088 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 5. 20. 030, 5 . 20. 090, 5 . 20 .140 , 5 . 40 . 030 AND 5. 48 .030, PERTAINING TO CERTIFICATES OF NEED AND NECESSITY The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Municipal Code is hereby amended by amending Sections 5 . 20. 030, 5. 20 . 090 . 5 . 20 . 140, 5 . 40 . 030 and 5 . 48. 030, to read as follows : 5.20. 030 Certificate of need and necessity--Applicant . Any owner desiring to obtain the certificate of public need and necessity required by this chapter shall make application therefor to the City Council, by filing the same with the City Clerk. Each applicant shall be accompanied by a policy of insurance in the amount provided for by this chapter, as well as the certificate of public need and necessity fee pro- vided for by this chapter. This application shall be in writing and shall, among other things, set forth the following: (a) The name, age, business and residence address of the applicant, if a natural person; or if 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 assocition or company, and the business and residence of each partner or person; (b) A description of each ambulance or other vehicle used by the applicant and which vehicles the applicant pro- posed to use, together with the numbers and state motor vehicle license number thereon. A left front quarter and right rear quarter picture of each ambulance and the number of emergency vehicle permit issued by the California Highway Patrol; (c ) The schedule of rate of fare proposed to be charged for carrying the patients or passengers which applicant pro- posed to transport; (d) A financial declaration or such other statement of financial responsibility as the Council may require . MT; er 1. (e) The applicant shall furnish any and all additional information as the council may require . 5. 20. 090 Change of rates--Appliction and hearing. Should an owner of a private ambulance service desire to change his schedule of rates , he shall make written application to the Council to do so. Said new application shall contain a financial declaration or such other statement of financial responsibility as the Council may require. Upon receiving such application, the Council shall conduct a hearing upon the application, and shall give the applicant at least ten (10) days ' written notice of the time and place of such hearing. Upon the hearing, the council shall determine whether the rates shall be changed and shall have the right to deny the application, or make such changes as the Council determines are warranted by the facts . The decision of the Council upon the hearing shall be final and conclusive. 5.20. 140 Certificate of need and necessity--Granting. Upon receipt by the City Clerk of any application referred to in the previous section, the Chief of Police shall conduct an investigation of the applicant and on the basis of his inves- tigation shall, within thirty (30) days of the receipt of the application, recommend to the Council approval or rejection of the application. The Council may thereafter grant the application for a certificate of public need and necessity if it shall find : (a) That the requisite policies of insurance as re- quired by this chapter have been furnished and the same is in the form required and further, that the surety thereon is approved by the City Administrator; (b) That each private ambulance described therein is adequate and safe for the purpose for which it is to be used, is not over ten (10) years of age and that it is equipped as required herein and by the requirements of the California Vehicle Code and California Highway Patrol; (c ) That the applicant is of good moral character, and has complied with all of the terms and conditions of this chapter; (d) That the public convenience or necessity require the operation of such private ambulance service or business within the confines of the city; (e) That the proposed schedule of rates to be charged is fair and reasonable. The granting of such certificate of public need and necessity shall constitute the approval of the City Council of the proposed schedule of rates . (f) That the applicant is financially sound. 2. 5. 40. 030 Certificate of need and necessity--Application. An erson firm or corporation, y person., post on, desiring to obtain a certifi- cate of public need and necessity required by this chapter shall make application therefor to the City Council by filing the same with the City Clerk. Each application shall be ac- companied by a performance bond in the amount of Two Thousand Five Hundred Dollars ($2, 500) as well as a fee of Five Dollars ($5) for filing of the application. The bond shall be in the same form as required in Section 5 . 08. 130. Said application shall be in writing and shall, among other things, set forth the following: (a) Name, age, business and residence address of the applicant if a natural person; or if a corporation, its name, date and place of incorporation, address of its place of business and the names and addresses of its principal officers ; or if a partnership, association or unincorporated company, the names and residence addresses of the partners or of the persons comprising such association or company; (b) An accurate map of the district, territory or area proposed to be served by the private patrol service; (c ) A description of the methods of operation; (d) A statement in detail as to the public need and necessity for additional private patrol service in the City; (e) The names and addresses of all private patrolmen who are employed by the private patrol service. The names and addresses of all private patrolmen subsequently employed shall be furnished to the City Clerk within ten (10) days of the commencement of such employment; . (f) A statement as to what offenses, if any, any per- sons ) mentioned in subsections (a) and (e) hereof, have been convicted; (g) A description of any mobile or station radio equip- ment including the frequency assigned by FCC to the radio transmitting equipment; (h) A description of the vehicles, including color, in- signia and special police equipment to be used; (i) One set of three standard size fingerprint cards bearing the fingerprints of each person mentioned in subsec- tions (a) and (e) hereof; (j ) One identification photograph of each of the persons mentioned in subsections (a) and (e) hereof; (k) A financial declaration or such other statement of financial responsibility as the Council may require . (1) Such other information as may be required by the City Council or Chief of Police . 3 ► 5. 48. 030 Certificate--Application. An application. for a certificate shall be filed with the City Clerk upon forms provided by the City. The application must be signed by the applicant and be accompanied by a fee of Twenty-Five Dollars ($25) , plus Ten Dollars ($10) for each vehicle the applicant proposes to use in the business, and shall contain or be accompanied by the following information: (a) The name and address of the applicant, and, if the same be a corporation, the names of its principal officers, or, if the same be a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each; (b) A complete schedule of the rates proposed to be charged for each type of vehicle; (c ) A description of every motor vehicle which the ap- plicant proposes to use, including trade name, motor or serial number, state license number and body style; (d) The location of the business and the place where the applicant proposes to keep such taxicab or ambulance while not actually engaged; (e) The distinct color scheme, name, monogram and insignia which shall be used on each taxicab, ambulance or other vehicle; (f) The name of the legal and registered owner of each such vehicle; (g) A financial declaration or such other statement of financial responsibility as the Council may require showing the financial status of the applicant and a balance sheet showing the financial status of the applicant, including assets , lia- bilities and specifically the amounts of all unpaid judgments against the applicant, and the nature of the transaction or event giving rise to such judgments; (h) The experience of the applicant in the business or businesses for which he is seeking a certificate or certi- ficates; (i) Any facts which the applicant believes would tend to prove the public convenience and necessity requiring the granting of a certificate; (j ) Such further information as the City Clerk may require. SECTION 2. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage 4 . of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of July, 1976. ATTES Mayor • City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: ActiA City Administrator City AttorneT APPROVED, INITIATING DEPARTMENT: NO FISCAL IMPACT- FISCAL IMPACT -- BUDGETED FISCAL IMPACT -- NOT BUDGETED REQUIRES FINANCIAL IMPACT REPORT 5. Ord. No.2088 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 6 day of July 19.76 , and was again read to said City Council at a regular meeting thereof held on the 19 day of July 1976 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett. Pattinson, Coen, 'Gibbs,. Siebert- Shenkman, W;eder NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I, Alicia M. 6Nenfwmth CITY CLERK of the City of Huntin ;`on Ciach and ex-uifici, Clerk of the City COUnC11. dri h .eb, r<:F„ th.t this crdirar�ca has been au al.,h,: ir. the 4 �} i7eec;1 tjevvs on 1 �. 19, In G c , �. of d Qty, . `.......... 'lA-M: v dR11-----L City Clerk ity deputy' lerk