CC Resolution No. 8386
RESOIlJI'ION NO. 8386
A RESOIlJI'ION OF THE Cl'I'Y CXXJNCIL OF THE Cl'I'Y OF C!Jt'U<J:INO
::;~.l'.l'.li'lG FEES AND CHAR:;ES FOR THE ~CY RESroNSE COSTS
REO?VERY PROGRAM
WHEREAS, California Government Code Sections 53150 through 53158
authorizes nv.micipalities to bill arr;¡ person who is under the influence an
alcoholic beverage or arr;¡ drug or the combined influence of an alcoholic
beverage am arr;¡ drug, am whose negligent operation of a rrotor vehicle,
boat or vessel or civil aircraft proxiInately causes arr;¡ incident resulting
in an appropriate E!IIIE!J:gency response for the costs of that E!IIIE!J:gency
response; am
WHEREAS, said statutes also authorize nv.micipalities to bill any
person whose intentionally w:t:Olr;¡ful conduct proxiInately causes nay
incident resulting in an appropriate emergency response for the costs of
that emergency response; am
WHEREAS, that person is liable for the expense of an E!IIIE!J:gency
response by a public agency to the incident; and
WHEREAS, the expense of an emergency response shall be a cha1:ge
against the person liable for expenses under Section 53154 of the
California Government Code; and
WHEREAS, the City of CUpertino intends to recover its costs, including
personnel, overtlead, equipment, supplies, vehicles and miscellaneous
expenses, of providing police, fire and rescue se:rvices at the scene of an
incident in the cost recover program to be known as the Emergency Response
Cost Recovery Program.
New, 'IHEREFORE, BE IT RESOLVED by the city Council of the city of
CUpertino that for police activity providing emergency response se:rvice, a
fee will be iJtposed for the puzpose of recovering the cost of the city's
emergency se:rvices for resporrling to an incident which was proxiInately
caused by a person's intentionally wrongful con:luct or a person
negligently operating a rrotor vehicle, boat or vessel or a civil aircraft
under the influence of alcohol and/or drug or both. '!he fee will be
established by separate resolution setting forth user fees.
RESOIlJI'ION NO. 8386
PASSED AND AOOPI'ED at a regular meeting of the city Council of the
city of CUpertino this 6th day of May , 1991, by the
following vote:
Vote Members of the city Council
AYES: Rogers, Sorensen, Szabo, Koppel
NOES: None
ABSENT: Goldman
ABSTAIN: None
A'ITEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ Barb Koppel
Mayor, City of CUpertino