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Resolution No. 2010-190RESOLUTION NO. 2010-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING A DUI EMERGENCY RESPONSE COST RECOVERY PROGRAM FOR INCIDENTS CAUSED BY PERSONS DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS WHEREAS, Government Code Section 53150 authorizes public agencies to recover emergency expenses from any person whose intentional wrongful conduct or negligent conduct causes an incident resulting in an appropriate emergency response; and WHEREAS, Government Code Section 53156(a) defines the expenses of an emergency response are those reasonable costs incurred by a public agency in making an appropriate emergency response to the incident, shall only -include those costs directly arising due to the response of that particular incident; and WHEREAS, reasonable costs shall include the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident; and WHEREAS, emergency response expenses also include removing vehicles, investigating the cause of the incident, conducting field sobriety tests, and if appropriate, arresting and detaining the subject (California Highway Patrol v. Superior Court, (2006) 135 Cal. App. 4th 488, 500, 504); and WHEREAS, the City of Vernon Police Department provides emergency response services for traffic collisions caused by individuals under the influence of alcohol and/or drugs; and WHEREAS, the City Council of the City of Vernon wishes to establish the DUI Emergency Response Cost Recovery Program for incidents caused by persons driving while under the influence of alcohol and/or drugs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION l: The City Council of the City of Vernon does hereby find and determine that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby establishes the DUI Emergency Response Cost Recovery Program for incidents caused by persons driving while under the influence of alcohol and/or drugs. SECTION 3: The City Council of the City of Vernon hereby implements the policies and procedures pursuant to California Government Code Sections 53150 through 53159 to provide for the recovery of the expense of any emergency response by City of Vernon personnel relating to negligent operation of a motor vehicle caused by the influence of an alcoholic beverage or any drug. SECTION 4: The City Council of the City of Vernon hereby authorizes the Chief of Police, or his designee, to implement the program and recover a cost recovery fee. oil SECTION 5: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this Resolution, and the City Clerk of the City of Vernon shall cause this Resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 20th day of December, 2010. Name: Hilario Gonzales Title: Mayor /-MlayUr-T:r_9 3 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-190, was duly passed, approved and adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Monday, December 20, 2010 and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this y� day of December, 2010, at Vernon, California. r Willard ag i, City Clerk (SEAL) 4 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: December 22, 2010 TO: James Rodino, Police Captain FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2010-190 — A Resolution of the City Council of the City of Vernon Adopting a DUI Emergency Response Cost Recovery Program for Incidents Caused by Persons Driving While Under the Influence of Alcohol and/or Drugs Transmitted herewith is a copy of Resolution No. 2010-190 referenced above, which was approved by City Council on December 20, 2010. Thank you. WY:dj Attachment c: Rory Burnett Daniel Calleros Resolution No. 2010-190 STAFF REPORT Police Department ` n x, RECEIVED NOV 242010 CITY CLERK'S OFFICE DATE: November 23, 2010 TO: Honorable Mayor Gonzales and City Council FROM: Captain James Rodino RE: Proposed DUI Emergency Response Cost Recovery Resolution RECOMMENDATION: Staff recommends the City Council introduce a resolution adopting a DUI emergency response cost recovery program for incidents caused by persons driving while under the influence of alcohol and/or drugs. BACKGROUND California Government Code Section 53150 specifies that any person who is under the influence of an alcoholic beverage and/or any drug, whose negligent operation of a motor vehicle causes any incident resulting in an emergency response, is responsible for the costs associated with a public agency's emergency response to that incident. As defined in California Government Code Section 53156(a), the expenses of an emergency response are those reasonable costs incurred by a public agency in making an appropriate emergency response to the incident, but shall only include those costs directly arising because of the response to that particular incident. Reasonable costs shall include the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident. The definition as to what items could be included in an emergency response was left to interpretation until the California Court of Appeal, First District, ruled on the issue. In California Highway Patrol v. Superior Court (2006) 135 Cal.AppAth 488, 500, 504, the court held that based on the plain language of Government Code Section 53150, "incident" necessarily means something more than the negligent operation of a motor vehicle while under the influence of an intoxicant. As used in Section 53150, an incident is any event that proximately causes an emergency response by a_ public agency. Although an accident is not necessary to trigger the right to reimbursement, an ordinary arrest, even for driving under the influence of alcohol or drugs, is not sufficient. The court also held that an appropriate emergency response to an incident includes the cost of providing police services at the scene, including, among other possible items, salary costs related to ensuring public safety at the scene of the incident, obtaining appropriate medical assistance, removing vehicles, investigating the cause of the incident, conducting field sobriety tests, and if appropriate, arresting and detaining the subject. Reimbursement may also be obtained for time spent away from the scene by responding public agency personnel, provided the response is reasonable and arises from the incident. Salary costs may be recovered for time spent traveling to and from the scene, transporting the subject from the scene, booking the subject, performing chemical tests, writing customarily required reports (including all accident and DUI related reports), and performing the follow-up investigation necessary to complete those reports. DISCUSSION California Government Code Sections 53150 through 53159 provide the authority by which the City of Vernon, as a public agency, can recover costs associated with a police response to those incidents where an impaired driver causes a traffic accident. The liability for expenses imposed under this section is intended to be in addition to; and not in limitation of, any other liability, fines, or fees that are imposed by law. When originally enacted, a person's liability for emergency response was only $500 for a particular incident; however, effective January 1, 2005, the liability limit was increased to $12,000 per incident. Over the past five years the City of Vernon averaged approximately ten (10) collisions each year which are attributed to an impaired driver. This City Council Resolution, if adopted, creates a program by which the City can recover the direct costs associated with Police and Fire Department's response to these incidents. To determine the direct cost of an incident, a per -minute calculation based on the emergency responder's rank (salary and benefits per year) will be established. This fee schedule will include salary and benefits and, as mentioned above, additional direct costs for flares and other materials. Time documented for each incident will include, when applicable, booking time, interviews and/or evidence gathering, and transportation to jail. The applicability of this cost recovery program applies to injury and non -injury traffic collisions that are caused by intoxicated drivers. The implementation of this Resolution would provide a potential for cost recovery ranging from less than a hundred dollars for minor non -injury traffic collisions to more than one thousand dollars for serious or fatal accidents which have been caused by an impaired driver. Most significantly, this program would make the impaired drivers accountable for their actions by holding them financially, as well as criminally, responsible. FISCAL IMPACT The City of Vernon has the potential to recover up to $12,000 annually for Police and Fire Department responses to collisions caused by drivers who are under the influence of drugs and/or alcohol. An exact amount is difficult to estimate because the annual number of collisions, which are caused by impaired drivers, varies each year. Attachments: Attachment A: Sample Resolution Attachment B: Applicable Government Codes Attachment C: Sample 2 Attachment A A Resolution of the City Council of the City of Vernon Establishing Procedures, Fees and Charges For the Recovery of Public Safety Service Costs for Emergency Responses Whereas, intentional wrongful conduct by persons operating motor vehicles while under the influence imposes a burden upon City services above and beyond regular service required for law enforcement and emergency response, and those persons should bear a share of that extra burden; and Whereas, the State Legislature through the adoption of Sections 53150 through 53159 of the California Government Code has provided authority for a public agency such as the City to recover the expenses incurred by the City relating to emergency response involving negligent operation of a motor vehicle relating to influence of an alcoholic beverage or any drug; and Whereas, the City periodically provides emergency responses that qualify pursuant to Government Code Sections 53150 through 53159 of the California Government Code at the expense of the taxpayers of Vernon, and it is in the best interests of the City and its taxpayers to recover those expenses as provided by State law; and Whereas, by this Resolution the City Council adopts the necessary policies and procedures to recover such emergency response expenses as authorized by the provisions of Government Code Sections 53150 through 53159. RESOLVED: That the City Council of Vernon does RESOLVE as follows: That the, City of Vernon shall implement policies and procedures pursuant to California Government Code Sections 53150 through 53159 to provide for the recovery of the expense of any emergency response by City personnel relating to negligent operation of a motor vehicle caused by the influence of an alcoholic beverage or any drug as more specifically set forth in such Government Code Sections. 2. In addition thereto, the following procedures are hereby adopted: a. A motorist arrested for driving under the influence of alcohol and/or drugs (DUI) pursuant to California Vehicle Code Sections 23152-23153, as amended, will be billed for emergency response if all of the following criteria are met: Driving under the influence of alcohol and/or drugs is evidenced by objective symptoms observed by the arresting officer, or a blood; breath, or urine test above the legally proscribed limit; and 3 2. Negligent operation of a motor vehicle is evidenced by either an accident or the commission of a moving violation as defined under California Vehicle Code Sections 2200 et seq., as amended; and 3. The incident evidenced by either an accident or the commission of a moving violation was proximately caused by driving under the influence of an alcoholic beverage and/or drug; and 4. The incident necessitated an emergency response by peace officers and/or paramedics. (b) The City will bill motorist only for the direct costs to the City of an emergency response, upon the filing of appropriate charges by the District Attorney. (c) The City will treat the emergency response costs as a civil debt of the motorist which is collectible by the City in the same manner as a contractual obligation. (d) If the emergency response cost bill is not paid within thirty (30) days after the initial bill is mailed by the City, or no other arrangements are made for partial payment during the thirty (30) day period, the bill will be considered delinquent and a small claims court proceeding may be initiated. If a judgment is rendered against the motorist, the judgment may be referred to a collection agency, or may be referred California department of Motor Vehicles requesting suspension of the motorist's driving privileges until the judgment is satisfied. (e) As an alternative, the City may seek to have payment of the bill imposed as a condition of sentence or probation. (f) Fees and charges for the provision of public safety emergency response services shall be as set forth on Exhibit A attached hereto, which may be revised by City Council Resolution at any time. (g) Fees and charges for the provision of public safety emergency response services shall calculated using an Emergency Response Financial Recovery Worksheet set forth on Exhibit B attached hereto. M Attachment B CALIFORNIA CODES GOVERNMENT CODE SECTION 53150-53159 53150. Any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of a motor vehicle caused by that influence proximately causes any incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response, is liable for the expense of an emergency response by a public agency to the incident. 53151. Any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of any boat or vessel caused by that influence proximately causes any incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response, is liable for the expense of an emergency response by a public agency to the incident. 53152. Any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of a civil aircraft caused by that influence proximately causes any incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes an incident resulting in an appropriate emergency response, is liable for the expense of an emergency response by a public agency to the incident. 53153. For purposes of this article, a person is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, when as a result of drinking an alcoholic beverage or using a drug, or both, his or her physical or mental abilities are impaired to a degree that he or she no longer has the ability to operate a motor vehicle, boat or vessel, or aircraft with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. For purposes of this article, the presumptions described in Sections 23152 and 23155 of the, Vehicle Code shall apply. 53153.5. (a) Any person 18 years of age or older who is convicted of making a false police report, in violation of Section 148.3 of the Penal Code, and that false police report proximately causes an appropriate emergency response by a public agency, is liable for the expense of the emergency response made by the responding public agency to the incident. (b) A public agency shall be entitled to satisfaction of any judgment for expenses pursuant to this article after any victims or other persons injured by the incident are compensated for their injuries and any liens held by a medical provider are satisfied. W 53154. The expense of an emergency response shall be a charge against the person liable for expenses under this article. The charge constitutes a debt of that person and is collectible by the public agency incurring those costs in the same manner as. in the case of an obligation under a contract, expressed or implied, except that liability for the expenses provided for in this article shall not be insurable and no insurance policy shall provide or pay for the expenses. 53155. In no event shall a person's liability under this article for the expense of an emergency response exceed twelve thousand dollars ($12,000) for a particular incident.. 53156. As used in this article: (a) "Expense of an emergency response" means reasonable costs incurred by a public. agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising because of the response to the particular incident. Reasonable costs shall include the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident. (b) "Public agency" means the state and any city, county, municipal corporation, district, or public authority located, in whole or in part, within this state which provides or may provide firefighting, police, ambulance, medical, or other emergency services. (c) "Intentionally wrongful conduct" means conduct intended to injure another person or property. 53157. Any testimony, admission, or any other statement made by the defendant in any proceeding brought pursuant to this article, or any evidence derived from the testimony, admission, or other statement, shall not be admitted or otherwise used in any criminal proceeding arising out of the same incident. 53158. It is not the intent of the Legislature, in enacting this article, to occupy the field of recovery of the expense of an emergency response by a public agency, nor is it the intent of the Legislature to preempt local regulations or to otherwise limit the remedies available to any public agency to recover the expenses of an emergency response to any incident not involving persons who operate a motor vehicle, a boat or vessel, or a civil aircraft while under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug. It is the intent of the Legislature that the recovery of the expenses of an emergency response under this chapter shall supplement and shall not supplant any other provisions of law relating to the recovery of those expenses. 53159. (a) As used in this section, the following terms have the following meanings: (1) "Expenses of an emergency response" means those reasonable and necessary costs directly incurred by public agencies, for -profit entities, or not -for -profit entities that make an appropriate emergency response to an incident, and include the cost of providing police, firefighting, search and rescue, and emergency medical services at the scene of an incident, and salaries of the persons who respond to the incident, but does not include charges assessed by an ambulance service. M (2) "Public agency" means the state and any city, county, municipal corporation, or other public authority that is located in whole or in part in this state and that provides police, firefighting, medical, or other emergency services. (b) Any person who intentionally, knowingly, and willfully enters into any area that is closed or has been closed to the public by competent authority for any reason, or an area that a reasonable person under the circumstances should have known was closed to the public, is liable for the expenses of an emergency response required to search for or rescue that person, or if the person was operating a vehicle, any of his or her passengers, plus the expenses for the removal of any inoperable vehicle. Posting a sign, placing a barricade, a restraining or retaining wall, roping off an area, or any other device is sufficient indication that an area is closed to the public due to danger of injury, for the public's safety, or for any other reason. (c) A person who drives a vehicle on a public street or highway that is temporarily covered by a rise in water level, including groundwater or overflow of water, and that is barricaded by any of the means described in subdivision (b), because of flooding, is liable for the expenses of any emergency response that is required to remove from the public street or highway, the driver, or any passenger in the vehicle that has become inoperable on the public street or highway, or the vehicle that has become inoperable on the public street or highway. (d) Unless otherwise provided by law, this section shall apply to all persons, regardless of whether the person is on foot, on skis or snowshoes, or is operating a motor vehicle, bicycle, vessel, watercraft, raft, snowmobile, all -terrain vehicle, or any other boat or vehicle of any description. (e) This section shall not apply to any person who is authorized by the landowner, lessor, or manager of the closed area, to be in the closed area, and further shall have no application to any federal, state, or local government official who is in the closed area as part of his or her official duty, nor to any public utility performing services consistent with its public purpose, nor to any person acting in concert with a government authorized search or rescue. A person who was attempting to rescue another person or an animal shall not be liable for expenses of an emergency response under this section. (f) Expenses of an emergency response are a charge against the person liable for those expenses pursuant to subdivision (b) or (c). The charge constitutes a debt of that person and may be collected proportionately as specified in subdivision (g). The debt shall apply only to the person who intentionally, knowingly, and willfully enters the closed area, and not to his or her family, heirs, or assigns. The parent or parents of a minor child who has violated subdivision (b) or (c) may be responsible for the debt. (g) The debt may be collected proportionately by the public agencies, for -profit entities, and not -for -profit entities that incur the expenses. The liability imposed under this section shall be in addition to, and not in limitation of, any other liability, fines, or fees that are imposed by law. (h) An insurance policy may exclude coverage for a person's liability for expenses of an emergency response. Attachment 3 City Of Vernon R OF VE N Emergency Response Financial Recovery Worksheet Financial Recovery Type: ❑ DUI Emergency Response ❑ Other (explain): Date: Time: File #: CR Responsible Party Information: Name D.O.B. ID # Phone Address City State Zip Brief Description of Incident (list nature of incident, how responsibility determined, BAC test/results, etc.): Emeraencv Resnonder Time Accountina: Dept. Time Spent Dutiesi Ratez Costs —Employee $ $ Completed By: Supervisor Approval: Duties examples: Response, Traffic Control,Fire Suppression, Rescue, Medical Aid, Investigation, Transportation, Report Writing, Clean-up, etc. z TO BE CALCULATED BY FINANCE DEPARTMENT s TO BE CALCULATED BY FINANCE DEPARTMENT 4 Direct Expenses examples: Supplies used, Damaged City Property, etc.