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CC Resolution No. 8546 RESOl1JTION W. 8546 A RESOl1JTION OF THE CITY CXJUNCIL OF '!HE CITY OF C!JPERTIW REX;ARD~ THE AOOPl'IŒ OF PROCEDURES 'IO IMPŒMENT THE NErn.IGENT DR.Iv.£K; UNDER '!HE INFllJENCE AND IN'lENTIONAL WR(H;FUL <:xEXJCl' EMERGENCY RESF(BSE COST RE<DI1ERY PROGRAM AND RESCIND~ RESOliJTION W. 8368 WHEREAS , operation of drugs; and WHEREAS, it is the policy of the City of CUpertino to encourage careful and responsible conduct by persons operating JIDtor vehicles; and it is the policy of the City of CUpertino to discourage the JIDtor vehicles while under the influence of alcohol and/or WHEREAS, negligent driving under the influence of alcohol and/or drugs is intentional wrongful conduct; and WHEREAS, intentional wrongful conduct by persons who operate JIDtor vehicles and cause an a=ident .ÎIJIX>ses a burden upon City services above and beyond the regular services nonœlly required for traffic law enforcement; and WHEREAS, persons who willfully conduct themselves in a manner which iI1p:>ses an extraordinary burden on the public fisc should bear a share of that burden; and WHEREAS, California GovernIœnt Code sections 53150 through 53158 authorizes municipalities to bill any person who is under the influence of an alcoholic beverage or any drug or the cx:IIDined influence of an alcoholic beverage and any drug, and whose negligent operation of a JIDtor vehicle, boat or vessel or civil air=aft caused by that influence proximately causes any incident resulting in an appropriate aœrgency response for the costs of that aœrgency response; and WHEREAS, said statutes also authorize municipalities to bill any person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate aœrgency response for the costs of that aœrgency response; and WHEREAS, that person is liable for the expense of an aœrgency response by a public agency to the incident; and WHEREAS, the expense of an aœrgency response shall be a charge against the person liable for expenses under section 53154 of the California GovernIœnt Code; and -1- RESOliJ'I'ION NO. 8546 WHEREAS, the City of CUpertino has in effect a Negligent Driving under the Influence and Intentionally Wrongful Conduct Emergency Response Cost Rerovery Program (hereinafter "Program" ) in aCCDroance with California Government Code 53l50-53l58, which allows for the o:>llection of erœrgency response CXJdes against; (1) any person whose negligent operation of a ItDtor vehicle, boat or vessel, or civil aircraft while under the influence of an alo:>oolic beverage or drug proximately caused any accident resulting in an erœrgency response by the County Sheriff Department; and (2) any person whose intentionally wrongful o:>nduct while in the operation of a m:>tor vehicle, boat or vessel, or civil aircraft proxinately causes any accident resulting in an aærgency response by the County Sheriff Department; and WHEREAS, the Council finds that the Program is of the utnDst inportance to the pramtion of the general welfare and safety of the People of CUpertino because it is designed and intended to eno:>urage safe driving by requiring such persons to pay part of the CX>St to the city responding to incidents caused by the intentionally wrongful o:>nduct. NrM, THEREFORE, BE IT RESOLVED, BY THE CXXJNCIL OF THE CITY OF CUPERTINO: The City Council of the City of Cupertino formally adopts the following procedures to lliplanent the Negligent Driving under the Influence and Intentionally Wrongful Conduct Emergency Response Cost Reo:>very Program: 1. Effective .inrœdiately, any ItDtorist arrested for driving under the influence of alo:>ool and/or drugs (OOI) will be billed only if all of the following criteria are met: a) Driving under the influence of alo:>ool and/or drugs is evidenced by objective synpt.c.ms observed by the arresting officer and, with respect to alo:>ool-related incidents, a blood, breath, or urine test al:xwe the legal limit 0.08 alo:>ool level, or, with respect to drug-related incidents, a blood or urine test the results of which show the presence of an appreciable quantity of drugs; and b) Negligent operation of a ItDtor vehicle is evidenced by an accident; and c) The incident evidenced by an accident was proximately caused by driving under the influence of alo:>ool and/or drugs; and d) The incident necessitated an erœrgency response, which entailed the use of police or fire units responding to the incident. -2- RESOllJ'l'ION NO. 8546 2. A !IDtorist arrested for other criminal acts resulting fran intentionally wrongful cx>nduct while operating a!lDtor vehicle will be billed only if one or m:>re of the following criteria is met: a) A!IDtor vehicle was operated with the apparent intent to injure another person or property, or b) A m:>torist attaIpts to evade arrest for acts involving operation of a!lDtor vehicle with conduct intended to injure another person or property, or c) A !IDtorist rarnœd or threatened to ram police vehicles or property in the cx>urse of attaIpting to evade arrest. 3. 'lhe City will bill !IDtorists only for the actual costs to the City of the aœrgency response to the maxim.nn allowed by law; and the hourly salary and fringe benefit CX>St of the police officer or other personnel who directly respond to an incident prorated for the tine it takes to CXIIplete the aœrgency response. The City Manager is hereby authorized and arpowered to establish a fee schedule for the purpose of reCX>Vering the cx>st of the City's aœrgency response to an incident which was proxjmately caused by a person's intentionally wrongful cx>nduct or a person negligently operating a !IDtor vehicle, boat or vessel or civil aircraft under the influence of alex>hol and/or cb:ug or both. 'lhe City Manager is hereby authorized to review and adjust said fee schedule annually. 4. 'lhe City will treat the aœrgency response cx>sts as a civil debt of that person which is cx>llectible by the City in the same manner as a cx>ntractual obligation. Therefore, the City need not wait until there is a cx>nviction before billing the !IDtorist. 5. If the aœrgency response a:>st bill is not paid within thirty days after the initial bill is mailed by the City or arrangements are not made for partial paynent during the thirty day period, then the bill will be cx>nsidered delinquent and referred to the City's no:rmal cx>llection procedure . 6. If a !IDtorist refuses to pay the City or cx>llection agency, the City may pursue recx>very in Small Claims Court. 'lbis action will not be initiated until after the criminal charges have been adjudicated. 7. As an alternative, in all awroPriate cases, the City will seek to have pay¡ænt of the bill inçosed as a cx>ndition of probation. -3- RESOliJTICN 00. 8546 8. If the JIDtorist who has paid an aœrgency response oost reaNery bill is aa:¡uitted of criminal charges after trial, the City may allow for reiIlbursaænt upon application of the JIDtorist. 9. Any person receiving a bill has the right to ~ the bill to the City Manager or his designee. 'l11e City Manager or his designee will review the bill for accuracy. If the bill is found to be in error, then the bill will be oorrected, or, if appropriate, rescinded. PASSED AND ADOPI'ED at a regular meeting of the City Council of the City of CUpertino this --1J!.tl¡ day of November ,199l, by the following vote: vote Members of the Citv Council AYES: Dean, Goldman, Koppel, Szabo, Sorensen KJES: None ABSENT: None ABSTAIN: None APPRO\IED: /s/ Lauralee Sorensen Mayor, City of CUpertino ATl'EST: /s/ Dorothy Cornelius City Clerk -4-