HomeMy WebLinkAboutOrd. No. 1970-482B304
ORDINANCE NO. 482 ~
AN ORDINANCE OF THE PEOPLE OF TAE CITY OF ELSINORE, CALIFORNIA,
CREATING TAE POSITION OF CITY MANAGER, DEFINING THE DUTIES AND
POWERS TfU;ftEOF; PROVIDING'FOR THE REMOVAL AND COMPENSATION.
THE PEOPLE OF THE CTTY OF ELSINORE DO ORDAIN AS FOLLOWS:
SECTION l:
That the office of the City Manager of the City of Elsinore be, and the
"same is hereby created and estalili5he3.' The said Manager shall be-appointed by the
City Council and shall hold office for and during the pleasure of the City Council.
SECTION 2: ~~_ '
The City Manager shall receive'such compensation and expense allowance
as the City Council sha13. from time to time determine and fix by resolution.
SECTION 3:
The City Manager shall be the administrative head of'the government of '
the City of Elsinore under the direction and control of the City Council. He shall
be responsible for the efficient administration of all the affairs of the City which
are under his control. In 'addition to his general powers as administrative head,
and not as any limitation thereon, he shall`he>sh'atl'"helve the foilowing.powerss;and
duties:
(a) To attend meetings of the City Council and to report upon
or discuss any matter concerning the affairs of the depart=
ments, services or activities under his supervision. The
City Manager shall be an ex-officio member of all boards,
commissions and committees'appointed by the Mayor of the
City Council'pursusnt to laws with a right to participate
in all actions by his voice, but without a mote.
(b) To co-ordinate the administrative functions and operations
of the various departments, divisions, and services of the
City government. To carryout the ordinancesy resolutions,
regulations and policies adopted by the Council relating to
the administration of such departments and divisions.
(c) To control; order and give directions to all Heads of Departments,
subordinate officers and employees of the City,'except the City
Clerk,.. City Treasurer and City Attorney; and to transfer
.~ employees .from:.ona'id8partment to another; and to consolidate or
combine offices, positions, departments or units under his
direction.
(d) To cause to be prepared and submitted to him by each
department, division or service of the City government
itemized annual estimates of expenditures required for
capital outlay, salaries, wages and miscellaneous operating
costs; to tabulate them into a preliminary consolidated budget;
and`to submit the proposed annual budget and salary plan to the
City Council for its approval.'
(e) To be responsible for the administration of the budget after its
Final adoption, and to keep the City Council at all times advised
as to the financial conditions and needs of the City.
(f) To act as purchasing agent for the City for the purchase of
all supplies, goods, wares, merchandise, equipment and
material which may be required by any department or division of
the City. No expenditures shall be submitted or recommended to the
City Council except upon the report and approval of the City Manager.
(g) To appoint, remove, promote or demote arty officers and employees
of the City except the City Attorney, City Clerk and City Treasurer.
The services and facilities of the City Attorney, City Clerk and
the City Treasurer shall be made available to the City Manager
to the same extent, in the same manner and to the same effect
they are available to the City Council.
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(h) To compile and keep up to date a complete inventory of all
property, real and personal, owned by the City and to purchase
anjr equipment and supplies whenever in his judgement the same can
be obtained to the best advantage of-the City.
(i) To supervise the maintenance yard and to see that all mobile
equipment is kept in good condition and repair and satisfactory
working order.
(j) To serve as public relations officer bf the City Government.
(k) To cooperate with all community organizations whose aim and
purpose shall be the advancement of the moral and material
interests of the City and its people, and to assist them
through the City government.
(1) To enforce or cause to be enforced all laws and ordinances of
the City, and to see that all franchises, contracts, permits
and privileges granted by the City Council are faithfully
observed.
(m) The City Council and its members shall deal with the administrative
services of the City only through the City Manager, except for the
purpose of inquiry; and neither the City Council nor any member
thereof shall give orders to any subordinate of the City Manager.
(n) To develop and orgainize necessary public improvement projects
and programs, and to assist the City Council in the various
departments of government in carrying out. such projects.
(o) To have such other and further powers and duties as may be
delegated to him from time to time by action of the City
Council. or as may be necessary to carry out the foregoing.
SECTION 4:
The City Manager shall act as the agent for the City Council in the
discharge of its administrative functions, but shall not exercise any policy-
making or legi.§latiye funetioxis, not attempt to commit or bind the City Council
or any member `thereof to any action, plan or program requiring official action
of the City Council. It is not intended by this Ordinance to grant any authority
to, or impose any duty upon, the City Manager which is vested in or imposed by
general-law or valid. City ordinances in any other commission, board department,
officer, employees or the City Council. In the discharge of his duties, the -
City Manager shall endeavor at all times to exercise the highest degree of tact,
patience and courtesy 'in his contacts with the public and City personnel, and he
shall use his best efforts to establish and maintain a harmonious relationship '' -
among a1L pertaonnel employed by the City bf Elsinore, and all officers thereof,
and to maintain the highest possible standards of public service by the 'City
government. The City PRanager is forbidden to take any part in any political
campaign, or to take any part in securing contributions for any political
campaign or candidate, in any Municipal elections.
SECTION 5:
The removal of the City Manager shall be only on a majority vote
of the whole--City Council In case of his intended removal by the City Council,
the City Manager shall be furnished Frith a written notice stating the City Councils
intentions to remove him and reasons therefore, at least ninety (90) days before
the effective date of removal. .After furnishing the City Manager with written
notice of his intended remo~sh the City Council may suspend him from further
duty, but his compensation shall continue until his removal by reso3tion of the
City Council passed`by majority vote.
SECTION 6:
The City Clerk is hereby ordered and directed to'certify to the
passage of this ordinance.' This ordinance shall take effect in the same manner
provided by Taw.
APPROVED AND ADOPTED SY THE PEOPLE OF THE CITY OF ELSINORE, CALIFORNL9 .
this 3rd day of November,' 1970.
s/Norman L. Chaffin
Mayor of-the City of sznore
sJFlorene Marshall
City Clerk of the City of Elsinore
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ORDINANCE N0. 482-B
AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA,
PROVIDING FOR THE LICENSING OF AMBULANCE SERVICE.
THE CITY COUNCIL OF THE CITY OF ELSINORE, STATE OF CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION 1: DEFINITIONS;
(a) "Ambulance Service" shall mean the operation, for monetary or other
consideration, .of ambulances for the purpose of transporting any .sick, injured,
wounded, invalid or incapacitated person, or expectant mother, from atl}r
location in the incorporated area of the City of Elsinore to any destination
regardless of location.
(b) "Permittee" shall mean any person whp has been issued a permit to
operate an ambulance service in the City of Elsinore.
SECTION 2.
No person shall operate an ambulance service in the incorporated area
of the City of Elsinore unless he shall hold a current, unrevoked„permit
° issued to expire at the end of the calendar year and the annual fee therefor
shall be $50.00, which may be prorated on the quarterly basis for the first
year.
SECTION 3:
(a) Applications for a permit to operate an ambulance service shall be
made to the City Clerk of the City of Elsinore upon the form provided which
shall include the following:
(1) Name, business and residence address of the applicant
and the fictitious name, if any, under which the applicant proposes to
do business.
(2) The experience of the applicant in the operation of an ambulance
service.-
(3) A complete description of each vehicle to be operated by the
applicant including the patient capacity. thereof, and a copy of the most
recently issued Emergency Vehicle Permit issued by the California Highway
Patrol for each vehicle.
(b) Upon the receipt of a completed application,. the chief law enforce-
ment officer of the City shall conductan investigation to determine that the
public health, safety, welfare, convenience and necessity require the granting
of the .permit for the ambulance service for which. application has been made
and shall further determine if the applicant meets .all the requirements of this
ordinance. Upon the completion of said investigation by the chief law enforeement~
officer of the City, he shall recormuend to the City Council that the permit be -
.granted or denied. No permit shall be issued until the. City Council of the City
of Elsinore ha_s determined that the public health, safety,. welfare, convenience
and necessity require the granting of such permit.
(c) If "the City Council determines that a permit shall not be issued; the
applicant. has the right to demand a hearing thereon. A request for hearing
shall be made in writing to the City Clerk of the City of Elsinore within
fifteen (15) calendar Jaya following, the decision of the City Couucil to deny
the permit. Upon receipt of a written request by the City Clerk, the City blerk
shall set the matter for hearing on a date not more than thirty (30) days following
the receipt. of the written request. At the hearing the applicant shall. have the
burden of proof to show facts that the public .health, safety;. welfare, convenience
and necessity require the granting of a permit and that-the applicant owns or
controls equipment meeting the requirements of this ordinance.
(d) Permits to ..operate an ambulance service may be renewed annually by
the chief law enforecement officer of the City upon application by a permittee if
the chief law enforecement officer determines that the permittee remains in
compliance with the provisions of this ordinance.
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(e) No permit shall be transferred to another person except upon prior
approval of the City Council of the City of Elsinore, upon recommendation of the
chief law enforcement officer of the City.
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SECTION 4: Upon approval by the City Council of the City of Elsinore of
the granting of a permit for an ambulance service, the permit ,shall not be issued
until:
(a) The first year's fee, or prorata portion thereof, is paid.
(b) The permittee files copies of current, valid Emergency Vehicle Permits
issued by the California Highway Patrol for each ambulance to be operated by
permittee.
(c) The permittee files proof of the issuance of a policy of public liability
insurance cov®sing,; each ambulance in an amount not less than $100,000.00 for
injury or death of any one person and not less than $200,000.00 for injury or
death of more than one person arising out of any one accident and property
damage insurance in an amount not less than $50,000.00 All policies shall contain
a provision requiring that thirty (30) days' notice must be given to the City Clerk
and chieflaw enforcement officer of the City prior to cancellation, modification
or reduction of the limits of the policy by in insurer.
(d) permittee shall agree that the City of Elsinore shall not be obligated
to pay for any ambulance service whether called by any public officer or employee.
SECTION. S: Upon the issuance of a permit the permittee shall have the
right to provide ambulance service for which he has been granted a permit.
SECTION: 6a No permittee shall allow an ambulanceto be operated on emergency
calls or in service unless the driver thereof holds a valid Ambulance Driver's
Certificate issued by the California Division of Motor Vehicles, and the driver
is accompanied by an ambulance attendant, or a California licensed physician
or California registered nurse.
SECTION 7: No permittee shall allow an ambulance to be operated on
emergency calls or in service unless either the driver thereof or the attendant
accompanying the driver shall possess a valid .advanced American Red Cross First
Aid Certificate or'an Advanced First Aid Certificate issued by the United States
Bureau of Mines, unless a California licensed physician or a California registered-
nurse accompanies the driver.
SECTION 8: No permittee shall allow an ambulance to be operated unless it "
shall be equipped with'all safety and emergency equipment required for ambulance"s '-
by the California Vehicle Code and the California Administrative Code as the
same are now written or hereafter amended.'
SECTION ~: No permittee shall charge more than the following rates for
ambulance service:
{a) One patient:
(1) Response to call $35.00 -
(2) Mileage Rate. Each mile or fraction thereof $1.00
(3) Time-Rate; Except where an ambulance is hired on a stand by
basis to provide service in case a person should become ill or injured; for,
each 15-minute period or fraction thereof of waiting time or stand-by time at
the request of the person hiring the ambulance, $7.50.
(4) Requests for service after 6:00 P. M, and before 6:00 A. M. of
the next day will be subject to wn additional charge of $5.00.
(5) Cases requiring oxygen shall be subject to an additional
maximum charge of:$7.50.
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patient 6):.Csaes~~:ra Kirin s eeial_handn or'.~"eeial services re uested b
( q. g'- P g' ~ P q y
or his representative shall be subject to a charge commensurate with the
special services..
(7) Cases requiring use of resuscitator shall be subject to an
additional charge of $15.00.
(8) Emergency cases requiring use of red light and siren shall be
subject to an additional charge of $5.00.
(9) Heart Lung Resuscitation yy Machine, $25.00.
(10) E.K.G. Monitoring by Radio to Hospital, $25.00.
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(b) Two or more patients:
(1) Each additional stretcher or gurney patient carried at the same time
may be charged the full base rate for response to the call and half the mileage rate.
(2) Each additional sit-up patient shall be charged half the base rate
for response to the call and half the mileage rate.
(c) For group loads from the same origin to the same destination, the ,
permittee shall divide the total mileage rate equally among all the patients, and
if all patients are sit-izp patients, he shall also divide the total base rate
equally among the patients.
(d) No charge shall be made for uninjured or-well persons who accompar;y
a patient.
(e) All rates are to be computed from the time the ambulance arrives for
hire until the ambulance is discharged by the patient or his representative..
(f) A schedule of rates shall be posted in a conspicuous place within each
ambulance. _
(g) The schedule of maximum rates for ambulance service shall be subject
to amendment by resolution of the City Council of the City of Elsinore.. The
City Clerk shall mail a copy of arr~yy such reso3~ution adopted by the City Council
to each permittee and the new schedule of maximum rates shall be effective thirty
(30) days after the adoption of the resolution by the City Council.
(h) The schedule of maximum rates .allowed to be charged for ambulance
services shall not prohibit the operation of an ambulance service plan by a
permittee whereby permittee agrees to provide ambulance service to members
of the plan for a fixed period, without cost or at reduced. cost, upon payment
of a subscription. fee.
SECTION 10: The granting of ;a .permit, or a renewal thereof, may be denied
and an existing permit may be revoked or suspended for any of the following grounds:
(a) The permittee or applicant, has knowingly made a false statement or
fails to disclose facts in a material matter either in his application, or in
any reports or othere documents furnished by him to the City of Elsinore,
(b) The permittee does not maintain and .operate .his ambulances and other
equipment in the manner and in the condition required ~y this ordinance.
(c) The permittee knowingly employs employees who do not meet the standards
or requirements or have the licenses required by this Ordinance.
(d~ The permittee or applicant is not the real party in interest in the
business.
(e) As~y_other grounds or conduct which materially affect permittee or
applicants ability or qualifications to properly operate an ambulance business
or serve the public...
(f) If the permittee or applicant:
(1) Is required to register as a sex. offender under the provisions
of Section 2g0 of the California Penal Code; or
(2) Habitually or excessively uses, or is addicted to .the ue of
narcotics or dangerous drugs, or has been convicted of any offense relating to
the use, sale,. possession, or transportation of narcotics or habit-forming
drugs; or
(3) Is a habitual user of intoxicating beverages to excess; or
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(4) Within the three year period immediately preceding the application,
has been under suspension, revocation or probation by the Department of Motor
Vehicles for a caase involving the safe operation of motor vehicle, or has been
convicted of any of the following offenses: failure to stop and render aid in
an accident involving injury or death; driving whi3:e<°intoxicated or under the
influence of drugs; or reckless driving involving bodily injury; or
(5) Has been convicted of arty offense involving moral turpitude;or
(6) Has been convicted of any offense punishable as a felony, or has
been convicted within the immediately preceding 10-year period of the crime of
theft in either degree; or
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(7) Has been involved within the two years immediately preceding
the application in any motor vehicle accident causing death or personal injury; or
(8) .Has been involved in three or more motor vehicle accidents within
the year immediately preceding the application ; or
(9) Has operated an authorized emergency vehicle in violation of
any of the provisions of the California Vehicle Code relating to the operation of
authorized emergency vehicles; or
(10) Has operated an authorized emergency vehicle in violation of the
rules and regulations relating to authorized emergency vehicles as promulgated
by the Commissioner of the Califo~ia Highway Patrol.
SECTION 11: Every permit granted under this ordinance is granted and
accepted by all parties with the express understanding that the permit may be
revoked or suspended for any cause specified in this ordinance by the chief law
enforcement officer of the City of Elsinore after ten (10) days' notice to the
permittee and an opportunity given the permittee to be heard on the matter.
If after such hearing the chief law enforcement officer finds that grounds
for revocation or suspension exist, he may then revoke or suspend the permit.
If a permit is suspended, the permittee shall cease operations until the chief
~ law enforcement officer removes the suspension.
~~ SECTION 12: If the renewal of a permit be denied by the chief law enforee-
ment officer of the City, or if the chief larr enforcement officer revokes a
permits the permittee shall have the right to demand a hearing thereon. A
request for a hearing shall be made in writing to the City Clerk of the City of
Elsinore, within fifteen (15) calendar days following the genial or revocation
of the permit. Upon receipt o£ a written request, the City Clerk shall set
the matter for hearing on a date not more than sixty (60) days following receipt
of the written request and give notice to the appellant and the chief law
enforcement officer of the City of the date set for the hearing. At the hearing,
the City Council shall hear the appellant, the chief law enforcement officer, and.
any other interested persons orho may present evidence relevant to the decision of
the chief law enforcement officer. Within thirty (30) days following the conclusion
of the hearing the City Council shall issue its order whether ornot the permit
should be issued or the revocation sustained.
SECTION 13: Any person violating this ordinance shall be punishable by a
fine not exceeding $500.00 or by imprisonment for not exceeding six (6) months,
or by both such fine and imprisonment.
SECTION 14: This ordinance shall take effect thirty (30) days after its adoption.
SECTION 15: The City Clerk is hereby ordered and directed to certify the
passage of the ordinance and cause the same to be published in the manner provided
by law.
ADOPPED by the Mayor and City Council and signed by the PQay and attested to
by the City Clerk this 28th day of September, 1970.
s/Norman L. Chaffin
1~4ayor of the City of Elsinore
ATTEST:
s/ Elorene Marshall
City Clerk of the ity of Elsinore