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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2019 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ORDINANCE AMENDING SECTIONS ❑ As Recommended 10-196 TO 10-199 TO CHAPTER 10, As El [1 ❑ Ordinance on 1$1 Reading ARTICLE III OF THE SANTA ANA ❑ Ordinance on 2nd Reading MUNICIPAL CODE TO RECOVER DUI ❑ Implementing Resolution EMERGENCY RESPONSE COSTS ❑ Set Public Hearing For (STRATEGIC PLAN GOAL 1, 5). CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt an ordinance amending sections 10-196 to 10-199 to Chapter 10, Article III of the Santa Ana Municipal Code, allowing the City of Santa Ana to recover their costs when providing an appropriate emergency response to an incident proximately caused by a persons' negligent operation of an automobile while under the influence of an alcoholic beverage or drug, pursuant to Government Code Section 53150. DISCUSSION The Santa Ana Police Department responds to several calls for service involving individuals that have been involved in a collision that resulted from driving while under the influence of either a drug and/or alcohol. As a result, the Santa Ana Police department has utilized their personnel to respond and handle these calls for service, which take up an enormous amount of time. California Government Code Sections 53150 through 53159 establish the framework allowing public agencies to recover emergency response expenses from persons who intentionally or negligently cause incidents requiring an emergency response. Per Section 53150 of the Government Code, 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 that influence proximately causes any incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response, is liable for the expense of an emergency response by a public agency to the incident. 53156(a) defines "expense of an emergency response" as "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 50A-1