HomeMy WebLinkAboutResolution 90-92 RESOLUTION NO. 90-92
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING A POLICY FOR THE
FINANCIAL RECOVERY OF COSTS OF EMERGENCY RESPONSES,
PURSUANT TO GOVERNMENT CODE SECTION 53150, ET SEQ.
WHEREAS, Government Code Sections 53150 through 53158
authorizes the City to recover costs of emergency responses to
incidents caused by drivers under the influence of alcohol and/or
drugs, or drivers whose conduct is intentionally wrongful; and
WHEREAS, the City Council desires to amend the Atascadero
Municipal Code by the adoption of Ordinance No. 259 approving the
implementation of a program to recover costs of response to
emergencies cause by drunk or reckless drivers; and
WHEREAS, it is appropriate to establish fees to cover the cost
of providing necessary emergency response to incidents involving
intoxicated and/or reckless drivers.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City
of Atascadero as follows:
SECTION 1. Exhibit "A A Policy for the Financial
Recovery of Costs of "Emergency Responses", pursuant to Government
Code Section 53150, et seq. is hereby adopted.
SECTION 2. This resolution shall go into effect
immediately upon the effective date of Ordinance No. 259.
On motion by Councilperson Kudlac and seconded by
Councilperson Luna, the foregoing Resolution is hereby adopted in
its entirety on the following roll call vote:
AYES: Councilmembers Bewley, Borgeson, Kudlac, Luna and Mayor
Nimmo
NOES: None
ABSENT: None
ADOPTED: September 22, 1992
ATTES CITY OF ATASCADERO
By:
LE OiN C' y Clerk ROBERT P. NIMMO, Mayor
Resolution No. 90-92
Page Two
APPROVED AS TO FORM:
ARTHER R. MON NDON, Ci y Attorney
APPROVED AS TO CONTENT:
RICHARD H. McHALE, Chief of Police
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 1
CITY OF ATASCADERO
POLICY FOR THE FINANCIAL RECOVERY OF
COSTS OF"EMERGENCY RESPONSES",PURSUANT TO
GOVERNMENT CODE, SECTION 53150 et seq.
Table of Contents
1.0 Overview of Policy...................................................................................................... 1
2.0 Legislative Authority (CaGC §53156) .................................................................... 1
2.1 California Government Code, §53156............................................................... 1
2.2 Costs authorized for recovery ............................................................................ 1
3.0 Criteria for the Recovery of Expenses ....................................................... ......... 2
3.1 The incident..........................................................................................-r ......... 2
3.2 An"Emergency Response"................................................................................. 2
3.3 Alcohol/drug influence or willful misconduct.................................................... 2
3.4 Filing of charges ................................................................................................. 2
4.0 Procedure for Recovery ............................................................................................. 2
4.1 Initiation of reimbursement form...................................................................... 2
4.1.1 Automatic aid responses -Fire Department ......................................... 3
4.2 Finance Department billing..........................................,.................................... 3
4.3 Civil obligation (CaGC§53154)........................................................................ 3
5.0 Financial Responsibility.....................................................„..................................... 3
5.1 Liability limitations (CaGC§53155)................................................................. 3
5.2 Insurance payment of expenses (CaGC§53154).............................................. 3
6.0 Charges for an Emergency Response........................................................................4
6.1 Atascadero Police Department................................................................ ......... 4
6.2 Atascadero Fire Department.............................................._.............................. 4
6.3 Atascadero Streets Division............................................................................... 4
6.4 Atascadero Finance Department....................................................................... 4
6.5 Civil court remedies ........................................................................................... 5
7.0 Uniform Enforcement/Cancellation..........................................................................5
7.1 Uniform enforcement......................................................................................... 5
7.2 Debt Cancellation .................................................................................... ......... 5
7.3 Judicial Filings........................................ ................................... ......... 5
7.4 Disbursement of monies......................... .......................................................... 5
Appendix A(Government Code Sections)....................... ......... .................. ......... ......... 6
Appendix B (Financial Recovery Reimbursement Form)......... ...................................... 8
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 2
CITY OF ATASCADERO
POLICY FOR THE FINANCIAL RECOVERY OF
COSTS OF"EMERGENCY RESPONSES", PURSUANT TO
GOVERNMENT CODE, SECTION 53150 et seq.
1_0 OVERVIEW
The purpose of this policy is to establish a procedure whereby the City of Atascadero can recover
expenses incurred by the Atascadero Police,Fire,or other City Departments due to`Emergency
Responses'. Those `Emergency Responses' having been caused by persons driving under the
influence of alcohol and/or drugs and negligently operating a motor vehicle,boat,or airplane or
whose"intentionally wrongful conduct"causes such an`Emergency Response'as-outlined in the
California Government Code,sections 53150 through 53158(Appendix A).
2.0 LEGISLATIVE AUTHORITY FOR EXPENSE RECOVERY
2.1 California Government Code Section 53156
California Government Code section 53156 states: `"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"
2.2 Costs Authorized for Recovery
The above section describes costs which include,but are not limited to:
2.2.1 Mileage to and from the incident scene.
2.2.2 The cost of the wages of the officers, firefighters, and other
emergency personnel at the scene for traffic(crowd control,
investigations,fire suppression and medical aid.
2.2.3 The cost of the material usedd at the scene;flares,medical supplies,
blankets,etc.
2.2.4 The cost of the preparations of the reports and the follow-up
investigations.
RESOLUTION NO. 90-9
EXHIBIT "A"
Page 3
Emergency Response Financial Recovery
Page 2
2.2.5 The costs,including salaries,incurred by a"public agency"making
a reasonable emergency response to an incident.
3_0 CRITERIA FOR THE RECOVERY OF EXPENSES
3.1 The Incident
The incident, of whatever nature, must have occurred within the jurisdiction and
primary response area of the Atascadero Police Department and/or within the area
covered by the Atascadero Fire Department for primary response or that area covered
under the Automatic and/or Mutual Aid fire suppression/medical aid responsibility.
3.2 An Emergency Response
An`Emergency Response'must have been initiated by either the Atascadero Police
and/or Fire Department(s), to which the Department(s) have the primary police
responsibility or the primary/Automatic Aid and/or Mutual Aid fire suppression/
medical aid responsibility.
3.3 Alcohol/Drug Influence or WilM Misconduct
It must be determined that the incident was caused by a person who was under the
influence of alcohol and/or drugs at the time of incident,or as a result of engaging in
"intentionally wrongful(or reckless)conduct".
3.4 Filing of Charges
The person responsible for the incident must be charged with a violation of the
California Vehicle Code, the Penal Code, the Health & Safety Code or with an
applicable section of a Boating or Aviation code,which reflects such an alcohol/drug
influence,or a section reflecting"intentionally wrongful conduct".
40 PROCEDURE
4.1 Initiation of Reimbursement Form
The on-duty Police Department Watch Commander or ranking Fire Officer shall
initiate the Financial Recovery ReimbursementForm,(AppendixB)when the above
criteria is present. Once initiated,the Financial Recovery Reimbursement Form shall
then be forwarded to the Police Operations Lieutenant,Battalion Chief and/or Public
Works Administrator for completion or review and subsequent routing to the Finance
Division.
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 4
Emergency Response Financial Recovery
Page 3
4.1.1 Automatic Aid/Mutual Aid Responses-Fire Department
Should the"Emergency Response"occur outside of the city limits of the City
of Atascadero,butwithin the area covered under the Automatic Aid pact,and/
or Mutual Aid,for the Atascadero Fire Department,the Financial Recovery
Reimbursement Form will be initiated by the ranking Fire Officer. The form
will then be forwarded to the Finance Division for billing,as covered in section
4.2 below.
4.2 Finance Division Billing
The original of the form shall be forwarded to the Finance Division of the.City of
Atascaderoforappropriatebillingoftheresponsbleparty.Theparticipat`inidepartments
shall retain a copy of the completed form for their records. The Finance Division may
exercise the option of using a professional collections agency if deemed appropriate.
4.3 Civil Obligation
The billing procedure described constitutes a civil obligation and shall not be affected
by the disposition of any resultant criminal proceeding. (CaGC§53154)
5.0 FINANCIAL RESPONSIBILITY
5.1 Liability Limitation
"In no event shall a person's liability under this article for the expense of an emergency
response exceed one thousand dollars($1,000.0)for a particular incident." (CaGC
§53155)
5.2 Insurance Payment of Expenses
"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 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."(CaGC §53154)
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 5
Emergency Response Financial Recovery
Page 4
6.0 CHARGES FOR EMERGENCY RESPONSES
6.1 Atascadero Police Department
The Atascadero Police Department will submit a bill for its Emergency Responses at
the rate of thirty-five dollars ($35.00) for each patrol vehicle responding to the
emergency. In addition a charge will be billed for employees salaries,which will be
based upon their regular hourly rate plus overtime (if required) as stipulated in the
current MOU for their classification. The hourly charge shall be for the total time of
each such employee while the employee is engaged in any necessary function relating
to the emergency. This shall include the total time spent preparing the resultant report;
including but not limited to:writing,reviewing,processing and filing of the report. The
unit charge shall cover all associated costs of the patrol vehicle including ordinary
supplies,mileage,and depreciation.The total bill charged shall be itemized to include
employee time and units of equipment deployed
6.2 Atascadero Fire Department
The Atascadero Fire Department will submit a bill for its Emergency Responses at the
rate of sixty dollars ($60.00) for each piece of fire apparatus responding to the
emergency. In addition a charge will be billed for employees salaries,which will be
based upon their regular hourly rate plus overtime (if required) as stipulated in the
current MOU for their classification. The hourly charge shall be for the total time of
each such employee,while the employee is engaged in any necessary function relating
to the emergency. The unit charge shall cover all associated costs of the fire apparatus
including ordinary supplies,mileage,and depreciation.The total bill charged shall be
itemized to include employee time and units of equipment deployed.
6.3 Atascadero Street Maintenance Division
The Atascadero Street Maintenance Division will submit a bill for its Emergency
Responses at the rate of thirty-five dollars ($35.00) for each piece of equipment
responding to the emergency. In addition a chargewill be billed for employees salaries,
which will be based upon their regular hourly rate plus overtime (if required) as
stipulated in the current MOU for their classification. The hourly charge shall be for
the total time of each such employee while the employee is engaged in any necessary
function relating to the emergency. The unit charge shall cover all associated costs of
the fire apparatus including ordinary supplies,mileage,and depreciation.The total bill
charged shall be itemized to include employee time and units of equipment deployed.
Additionally,the Street Maintenance Division will submit for inclusion in the billing
process, the replacement costs for any and all damaged roadway material
(ie:guardrails,stopsigns,streetsigns,etc.).
RESOLUTION NO. 90-92
EXHIBIT "A"
Page 6
Emergency Response Financial Recovery
Page 5
6.4 Atascadero Finance Division
Itwill be the responsibility of the finance division to include in the bill to the defendant,
a charge of fifty dollars ($50.00) to cover the administering, accounting, billing and
tracking costs incurred in the preparation and collecting of this debt.
6.5 Civil Court Remedies
It shall be the policy of the City of Atascadero,that should any debt incurred under the
provisions of this policy become uncollectable,a civil remedy shall be sought. In such
a case, the City of Atascadero shall request reimbursement for courtcosts and
reimbursement for the wages of the City employee(s)required in court to prove the
City's case as a part of such civil action. -
7.0 UNIFORM ENFORCEMENT/CANCELLATION OF DEBT
7.1 Uniform Enforcement
The provisions hereof shall be applied uniformly against all such persons charged with
a Penal Code,Vehicle Code,Health and Safety Code or other statutory violation;no
City official other than a majority of the City Council shall have authority to reduce or
cancel the debt obligation after criminal charges arising from the incident have been
approved by the District Attorney.
7.2 Debt Cancellation
The debt obligation herein shall only be excused or cancelled by the City Council after
a duly noticed public hearing.
7.3 Judicial Filings
All judicial actions for judgment and collection of the debt obligation herein shall be
filed in the San Luis Obispo County Municipal Court,Small Claims Division.
7.4 Disbursement of Monies
All monies collected shall be placed in the City's General Fund,and shall be included
in City budget projections.