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CC – Item 3B – Staff Report – Res. 98-13 Authorizing Recovery of Emergency Costs Arising out of Alcohol and Drug Related Driving ° , stafI e TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: ROBERT KRESS, CITY ATTORNEYr DATE: APRIL 14, 1998 RE: RESOLUTION NO. 98-13 A RESOLUTION OF THE CITY OF ROSEMEAD AUTHORIZING RECOVERY OF EMERGENCY COSTS ARISING OUT OF ALCOHOL AND/OR DRUG RELATED DRIVING Recently Sgt. Wallace informed staff of the opportunity to recover the City's direct costs involved for Sheriffs Department arrest and impounding of vehicles of drivers impaired by alcohol and or drugs. Government Code §§53150-53158 (copies attached) allow public agencies to bill drivers for the emergency response costs associated with their arrest and vehicle impound. Sgt. Wallace estimates that Rosemead currently spends approximately $37,050.00 per year on such emergency responses. The average cost of such an incident is approximately $285.00. The drivers are mailed an explanatory letter, along with a bill from the City, detailing the costs incurred in the emergency response. Samples of the correspondence and billing currently utilized in the City of Duarte are attached. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 98-13, a Resolution of the City Council of the City of Rosemead Authorizing Recovery of Emergency Costs Arising Out of Alcohol and or Drug Related Driving. egimmt,i8 COUNCIL AGENDA APR 2 81998 ITEM No. IL- .--6 -. J RESOLUTION NO. 98J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING RECOVERY OF EMERGENCY COSTS ARISING OUT OF ALCOHOL AND/OR DRUG RELATED DRIVING WHEREAS,persons under the influence of an alcoholic beverage or any drug or the combined influence of an alcoholic beverage and any drug who operate a motor vehicle, are a danger to themselves and the community in general; and WHEREAS, persons who are under the influence of an alcoholic beverage or any drug or the combination of the two, contribute to a large percentage of auto accidents in the County of Los Angeles; and WHEREAS,persons who are under the influence of an alcoholic beverage or any drug or the combination of the two, create a burdensome expense for the emergency response by a public agency and specifically, the City of Rosemead; and WHEREAS, California Government Code Sections 53150 through 53158, et. al, enable public agencies such as the City of Rosemead to recover its expenses of an emergency response arising out of the negligent and/or intentional operation of a motor vehicle while under the influence of an alcoholic beverage or any drug or any combination of the two; and WHEREAS,the City of Rosemead desires to recover the expense of its emergency response resulting from the intentional wrongful conduct and/or negligent operation of a motor vehicle while under the influence of an alcoholic beverage or any drug or any combination of the two. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES RESOLVE AS FOLLOWS: Section 1: That California Government Code Sections 53150 through 53158, et. al., regarding the costs of emergency response arising out of the negligent and/or intentional operation of a motor vehicle while under the influence of an alcoholic beverage or drug or any combination of the two, be adopted by the City of Rosemead. Section 2: That the City Council of the City of Rosemead direct the city staff to implement this program for the recovery, of emergency response costs. PASSED and ADOPTED this 28th day of April, 1998. ATTEST: Mayor Nancy Valderrama, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF ROSEMEAD I, Nancy Valderrama, City Clerk of the City of Rosemead, County of Los Angeles, State of California, hereby attest to the above signature and certify that Resolution No. was adopted by the City Council of said City of Rosemead at a regular meeting of said Council held on the 28th day of April, 1998, by the following vote: AYES: NOES: ABSENT: Nancy Valderrama, City Clerk City of Rosemead, California § 53150 CITIES, COUNTIES, & OTHER AGENCIES Article 8 Tule 5 COSTS OF EMERGENCY RESPONSE Section 53150. Negligent operation of motor vehicle; influence of alcoholic beverage or drug; intentional wrongful conduct: liability. 53151. Negligent operation of boat or vessel; influence of alcoholic beverage or drug; intentional wrongful conduct; liability. 53152. Negligent operation of civil aircraft: influence of alcoholic beverage or drug; intentional wrongful conduct; liability. 53153. Infboat or luence of alcoholic beverage or drug; inability to operate motor vehicle, 53154. Charge againstvessel, person liable: collection of debt; insurance. 53155. Limit on liability. 53156. Definitions. 53157, Admissibility of evidence in criminal proceedings. 53158. Legislative intent. Article 8 was added by Stats./985, c. 337, § I. Cross References probation.Restitution of costs as condition of see Penal Code§ 1203.1. § 53150. Negligent operation of motor vehicle; influence of alcoholic bev- erage or drug; intentional wrongful conduct; liability 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 causes any incident resulting in an appropriate tr et cy repose, and atny person whose intentionally proximatelyemergency ruses any and ant resultingwrergfnl ere pon , ilcauses any incident in an onseopriate emergency response, is nable for the expense of an emergency response by a public agency to the incident. (Added by Stats.1985, c. 337, § I.) § 53151. Negligent operation of boat or vessel; influence of alcoholic beverage or drug; intentional wrongful conduct; liability 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 resulting in an appropriate emergency response,is proximately forca the expense ouses any f an emergency response by a public agency to the incident. (Added by Stats.1985, c. 337, § I.) § 53152. Negligent operation of civil aircraft; influence of alcoholic bever- age or drug; intentional wrongful conduct; liability Any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and an) drug, whose 100 GENERAL POWERS & DUTIES Div. 2 § 53156 negligent operation of a civil aircraft caused causes any incident resulting in an appropriate by that influence proximately person whose intentionally wrongful conduct p emergencymresponse,an and any resulting in an appropriate g proximately causes an incident emergency ns uprate emergency rosthe in is liable for the expense of an S response by a public agency to the incident. (Added by Stats.1985, c. 337, § I.) § 53153. Influence of alcoholic beverage or drug; inability to operate motor vehicle, boat or vessel, or aircraft; presumptions 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 urson of circumstances. For purposes ordinary prudence under the same or similar presumptions described in Sections 23152 and 23155 of the Vehicle Codeeshthe all apply. (Added by Stats_1985. c. 337. § /_) § 53154, Charge against person liable; collection of debt; insurance 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 orp (Added by Stats.1985, c. 337, § I ) pay for the expenses. § 53155. Limit on liability In no event shall a person's liability under this ankle for the expense of an emergency response exceed one thousand dollars ($1,000) for a particular incident. (Added by Stats.1985 c 337, § 1 Amended by Slats.1986, c. 1112, § I.) § 53156. Definitions 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 response to the particular incident. Reasonable costs shall incude the costsbecause of [oe f providing police, firefighting, rescue, and emergency medical services at the 101 § 53156 • CITIES, COUNTIES, & OTHER AGENCIES scene of the incident, as well as the salaries of the incident to to 5 personnel responding to the (b) "Public agency" means the state and any city, county, municipal corpora- tion, district, or public authority located, in which provides or maywholei or, inpan,a within medical, other emergency provide Firefighting, police, ambulance, services. medical, or (ci "Intentionally wrongful conduct" means conduct intended to injure an • - other person or property. (Added by Stats)985, c.337, § 1. Amended by Stats 1986, c. 1112, § 2.) § 53157. Admissibility of evidence in criminal proceedings Any testimony, admission, or any other statement made by the defendant in any proceeding brought pursuant to this ankle, or any evidence derived the testimony, admission, or other statement, shall not be admitted used in any from criminal proceeding arising out of the same incident, or otherwise (Added by Slas.1985, c. 337, § 1.) § 53158. Legislative intent It is not the intent of the Legislature, in enacting this article, field of recovery of the expense of an emergency response to occupy the nor is it the intent of the Legislature to by a public aeenn�, otherwise limit the remedies preempt available to P t local regulations or to expenses of an emergency any public agency g y response to any g Y to recover the operate a motor vehicle, a boat or v incident not icra tv wg l persons under who influence of an alcoholic beverage or any drug, or the combined influence of an essel, or a civil aircraft while the 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 supplement and shall not supplant any other provisions of law relatin shall recovery of those expenses. (Added by Stats.1985, e to the c. 337, § I. Amended by Stats. 987, c. 897, § 1.) • • gatal Le ( in�eto�lc_e i/tom � �t clfiY Duartte City or Daaq Sixteen Hunaaea Huntington Defoe, Donate, Cali o F aria 92010 - (1318) 357-7931 March 12, 1997 Ronald Ritchie 2523 Dalbo Street Duarte, CA 91010 • Dear Mr. Ritchie: Our records indicate that on March 6, 1997, at approximately 12 : 10 am, you were arrested near Mt . Olive and Huntington Drive for driving a 1986 Mercury, California license 141RDD717, while under the influence of alcohol/drugs (Violation 23152 (a)VC) . According to the California Government Code Sections 53150 through 53158, et . al. , the City of Duarte may recover law enforcement costs related to the detention and arrest of an individual arising out of the negligent and/or intentional operation of a motor vehicle while under the influence .of alcohol or drugs. This cost is due and payable regardless of-the disposition of the criminal proceedings. Therefore, you are instructed to pay $208. 72 within thirty days of receipt of billing. Please make your check or money order payable to the City of Duarte and submit it, along with a copy of the invoice, to: City of Duarte 1600 Huntington Drive Duarte, CA 91010 If you have any questions with respect to this matter, you may contact me at (818) 357-7938 . For your convenience, our business hours are Monday through Thursday, 7 : 30 am to 6 : 0o pm. Sincerely, Don Anderson Director of Safety Coordination ao-d 4=Raona of the oaiginu[ Anaaes Duarxte Rancho • • Ci14of Daapte NVOICE 1600 E. Huntington Dr , Duane. Calllornia 91010 (818) 357-7931 No. 10 5 6 •P Ronald Ritchie DATE- 2523 Dalbo St. . HarCh L8, _1g97 Duarte, CA 91010 PAYMENI DUE WITHIN 30 DAYS OF INVOICE DATE J MAKE CHECKS PAYABLE TO: CITY OF DUARTE MAIL PAYMENT TO FINANCE DEPARTMENT For costs incurred by the City of Duarte on March 6, 1997 Emergency Vehicle Response. See attached letter for details, for Handling Unit Time 124 minutes € 1 .28 per min $ 158.72 Administrative costs 50.00 $ 208.72 ---- FAILURE TO RESPOND WITHIN 10 DAYS WILL BE CAUSE TO TURN THIS ACCOUNT OVER FOR COLLECTION. A S10.00 SERVICE CHARGE WILL BE ADDEO TO THE INVOICE TOTAL. Fe :cut EO 'd off CITY OIC DUARTE EMERGENCY VEHICLE RESPONSE COST RECOVERY ;1-) Name Pile HHome Address Work Address Home Phone Work Phone Date Arrested Time Arrested —S Location Arrested �y Vehicle License H --� _ ._._ Year Malec U elides cd Owner & Addresc Uillinr In tonna(ion: Ifa dling Unit Spent Minutes @ Pcr min.= Assisting Wit Spent Minutes ® Per mins Assisting Unit Scut ._. . . P Minutes @ Per min.= Administrative Costs $5000 Total Costs Commcnic DO ' d