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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.