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adverse ruling in Allende on the issue of when costs can be recovered would be detrimental to <br />Pleasanton because this issue is at the center of the class action lawsuit filed against Pleasanton <br />(Manzella v. City ofPleasanton). Manzella is currently on hold pending the Allende decision. <br />2. What Salary Costs Are Recoverable: The Court of Appeal is also being asked to determine what <br />expenses of an emergency response are governmental entities authorized to seek. Specifically, the court <br />is being asked to determine whether to limit the recovery of the salary costs for officers who respond to <br />an incident caused by a DUI driver. <br /> <br />In its petition, the CHP contends that the trial court and Allende improperly distinguish between <br />accident investigation and so-called law enforcement costs. The CHP has interpreted the statutes to <br />allow for cost recovery for all of the salary costs for the responding officers to a DUI-related accident. <br />The CHP's interpretation is broader than that opined by the Court. The City of Pleasanton would <br />support an even broader interpretation to allow recovery for all costs of DUI related incidents. <br /> <br /> Amicus Support: <br /> If the League decides to join the amicus brief prepared by Santa Clara County, Pleasanton's interests <br /> will be represented by the League (and Pleasanton does not need to separately join). But if the League <br /> does not join the brief, Pleasanton should individually join in order to protect its interests. <br /> <br /> FISCAL IMPACT <br /> <br /> There is no fiscal impact in adding the City's name to this brief, but an adverse ruling in Allende could <br /> have an adverse f'mancial impact on the City because the City would be susceptible to an adverse ruling <br /> in its own case which could result in restitution, attorney fees, and other costs and expenses. An adverse <br /> ruling would also likely limit the amount of costs that could be recovered for emergency responses for <br /> DUI-related incidents. <br /> <br /> STAFF RECOMMENDATION <br /> <br /> Staff recommends that if the League of California Cities does not support the brief being prepared by the <br /> County of Santa Clara in Allende, the City Council join in the County of Santa Clara's brief. <br /> <br /> Respectfully Submitted, <br /> <br /> Michael H. Roush Nelson Fialho <br /> City Attorney City Manager <br /> <br /> (xst fxpt~amicusADUl.doc) <br /> <br /> SR05:172 <br /> Page 3 of 3 <br /> <br /> <br />