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Home My WebLink AboutCA Bail Schedule 2017SAN RAFAE L Agenda Item No: 2.a THE CITY WITH A MISSION Meeting Date: November 7, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: CITY ATTORNEY Prepared by: Eric T. Davis City Manager Approval: Deputy City Attorney II TOPIC: 2017 Bail Schedule SUBJECT: Resolution Regarding Proposed 2017 Bail Schedule for Violations of San Rafael Municipal Code. RECOMMENDATION: The City Attorney's Office recommends adoption of the Resolution. BACKGROUND: This year as in past years, the Executive Officer for the Marin County Courts has sent a memorandum, dated September 30, 2016, requesting the City to provide the Courts with any proposed changes to the City's Bail Schedule for violations of the San Rafael Municipal Code cited by the City as infractions or misdemeanors in the Courts. In addition, the Court's memorandum advises the City of the default bail amounts for any offense not specifically listed in the City's Bail Schedule. These default bail amounts are used to set bail amounts for most of the City's code violations, except for those few City Code violations which set graduated penalties for first and subsequent violations, for which different bail amounts are used. A copy of the Court's memorandum is attached. The City's Bail Schedule lists, for each City Municipal Code Section, the total bail amount that must be posted and forfeited if a person issued a criminal citation for a violation chooses not to contest the citation by going to trial. The total bail amount consists of a base bail, plus additional penalties, assessments, surcharges and a court security fee that are collected by the County and State. The Court's memorandum states that the default bail amounts for the 2017 Bail Schedule will be a base bail of $35 for infractions and $185 for misdemeanors, with total bail amounts being $237 for infractions and $847 for misdemeanors after adding penalty assessments and surcharges, but excluding additional charges that are imposed as court security fees and conviction assessments. The City receives approximately 87% share of the base bail amounts (the County gets the rest) on collections for City code violations pursuant to Penal Code Section 1463.002, but the City receives no portion of the penalties, surcharges, court security fees or conviction assessments, which are split between the County and State. For example, in the case of the recommended $237 total bail amount for an infraction, the City will receive only about $30, and the County and State will receive about $207. In the FOR CITY CLERK ONLY File No.: 13-8 Council Meeting: 11/07/2016 Disposition: Resolution 14231 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 case of a total bail amount of $847 for a misdemeanor, the City will receive only about $160, while the County and State will receive about $687. Accordingly, the City will receive 20% or less than the total bail amount reflected in the Bail Schedule. This year, staff recommends that the City Council approve a proposed 2017 Bail Schedule for the City of San Rafael, in the form attached as Exhibit "A" hereto. This proposed 2017 Bail Schedule for the City of San Rafael will remain unchanged from the 2016 Bail Schedule. ANALYSIS: The City's code enforcement efforts continue to emphasize administrative enforcement through use of administrative citations and administrative orders, pursuant to Chapters 1.44 and 1.46 of the Municipal Code. However, situations may arise where police officers, and possibly code enforcement staff, will need to pursue criminal enforcement remedies for some Municipal Code violations. Therefore, it is important that the City's portion of the countywide Bail Schedule be updated to be consistent with the current provisions of the Municipal Code. FISCAL IMPACT: The proposed changes to the City's Bail Schedule, if adopted by the Courts, are not expected to result in any change in the portion of bail payments for City Code violations remitted by the Courts to the City, since the City by state law only receives 87% of the base bail amounts. The base bail and total bail amounts being recommended for City code violations are consistent with the recommendations by the Courts for the default base bail and total bail amounts for code violations not specifically identified in the City's bail schedule. OPTIONS: The City Council could request that the base bail and total bail amounts for City code violations be increased beyond the proposed levels, but the Marin County Superior Court has indicated that any increases beyond the default bail amount levels ($35 base bail and $162 total bail amounts for infractions, and $185 base bail and $777 total bail amounts for misdemeanors) will require detailed justification by the City. ACTION REQUIRED: Adopt recommended Resolution Regarding Proposed Bail Schedule for Violations of Municipal Code. Attachments: (1) Court Executive Officer Memorandum, dated September 30, 2016. (2) Resolution. (3) Exhibit "A" to Resolution, Proposed 2017 Bail Schedule. MARIN COUNTY SUPERIOR COURT MEMORANDUM TO: Marin County Chiefs of Police and Affected Agencies FROM: James M. Kim Court Executive Officer DATE: September 30, 2016 SUBJECT: ANNUAL BAIL SCHEDULE REVIEW In preparation for the annual bail schedule review conducted (in accordance with the provisions of Penal Code § 1269b(c) and Rule 4.102 of the California Rules of Court) by the Judges of the Marin County Superior Court, I am writing to invite your agency to provide written recommendations for changes to your juridiction's offenses. Please see the January 2016 bail schedule available online at: http://www.marincourt.org/uniform—bail—sched.htm The bail schedule reflects your agency's current list of offenses. As part of your review, please see the questions below and discuss them with your city attorney and/or governing body. • Are there any errors in the section, type of violation and/or the short description of the offense? • Have you re -numbered or re -lettered your violations in any manner? • Do you have new offenses that you would like to add to your local ordinance schedule? If so, please list them in the same format as your existing schedule and provide a brief explanation to help the Court in establishing an appropriate bail amount. • If you would like the Judges to consider a change of "Total Bail" for any of your existing offenses, please provide a brief justification to the Court. • Would you like to change the severity of an offense for any of your violations (e.g. provide an infraction level for a violation presently listed as a misdemeanor only?) page 1 of 2 Unless there is a change in the Judicial Council authorized default bail amounts, for calendar year 2017, the Court has established the following default bail amounts for any offense not specifically listed in the local ordinance schedule: Base + Add'l Penalties = Total Bail/Penalty Surcharges Misdemeanor $185 + $592 = $777 + $40* + $30* = $847 Infraction $ 35 + $127 = $162 + $40* + $35* = $237 * The $40.00 fee for Court Security specified by Penal Code § 1465.8(a) is also collected on each convicted charge in addition to the stated total bail. Any bail amount you propose will include the additional $30.00 fee per conviction upon collection. Accordingly, if there is more than one charge listed on a complaint or citation, there may be multiple assessments of the $30.00 fee if the defendant is convicted on more than one charge. These collections will be remitted to the State. Also, please note that, pursuant to California law, the Court will add to the total bail a conviction assessment of $35.00 for each infraction and $30.00 for each misdemeanor. Felony Bail Schedule: The presumptive bail for any felony charge not listed in the Felony Bail Schedule is $1o,000; however, the bail may be enhanced in the same manner as if the felony charge were listed in the Felony Bail Schedule. In order for the Court to consider your input, please respond in writing with any proposed changes or corrections by October 31, 2016 to: MARIN COUNTY SUPERIOR COURT ATTN: BAIL REVIEW P.O. BOX 4988 SAN RAFAEL, CA 94913-4988 administration(@marincourt.org Your response will be reviewed by the Judges, enabling the Court to provide your agency with a reply regarding your proposed amendments before the end of the year, subject to receipt of state -authorized bail schedule from the Judicial Council. Please be advised that the Court will no longer send out the Bail Approval Notice. It will be posted on the homepage of the Court's website under News From the Court no later than January 1St of each year. Should you have any questions regarding this procedure, do not hesitate to contact me at (415) 444-7020. Thank you for taking the time, once again, to assist the Court with this annual bail review. page 2 of 2 RESOLUTION NO. 14231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REGARDING PROPOSED 2017 BAIL SCHEDULE FOR VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE WHEREAS, Penal Code Section 1269(b) requires the Marin County Superior Court to adopt an annual countywide bail schedule which includes bail amounts for Municipal Code violations; and WHEREAS, the Presiding Judge of the Marin County Courts has requested the City of San Rafael to advise the Presiding Judge of any proposed changes to the bail schedule for violations of the San Rafael Municipal Code ("SRMC") for inclusion in the 2017 countywide bail schedule; and WHEREAS, the text of the bail schedule for the City of San Rafael was last amended in 2014 based upon a recommendation by the City Council in 2013 by Resolution No. 13628; and WHEREAS, the bail schedule now needs no amendment other than to be amended to be consistent with the default schedule for bail amounts being recommended by the Courts. NOW THEREFORE, be it resolved by the City Council as follows: 1. That the Marin County Superior Court is requested to accept the proposed 2017 Bail Schedule for violations of provisions of the San Rafael Municipal Code. 2. That the City Clerk is directed to forthwith transmit a copy of this Resolution to the Presiding Judge of the Marin County Superior Court. I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that this Resolution was duly and regularly introduced and adopted at a regular meeting of said City Council held on the 7th day of November, 2016 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Gamblin � te-'r ESTHER C. BEIRNE, City Clerk Section 4.08.020- 4.08.100 4.12.030 5.12.050 5.32.030 5.34.010 5.34.030 5.36.020 5.36.030 5.36.040 5.40.040(1) 5.40.220 5.64.020 6.10.010 6.10.030 6.10.040 8.10.020 8.10.080A 8.10.090A SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Offense I/M Fire Code Violations I/M Vegetation Management Standards I Unauthorized Person Directing Traffic I Vehicle Driven on Sidewalk I/M Skateboards, Roller Skates, Bicycles and Electric Personal Assistive Mobility Devices in prohibited areas I/M Skateboards, Roller Skates, Bicycles and Electric Personal Assistive Mobility Devices Violating Right -of -Way of Vehicles or Pedestrians I/M Pedestrian Failing to Use Crosswalk FM Crossing Roadway at other than Right Angles I/M Standing in Roadway Obstructing Traffic FM Repairing/Washing Vehicle on City Street Prohibited I Removal of Parking Regulations Marks M Vehicle on Fire Road, Open Space or parklands Without Permit Marin County Animal Code §§ 8.04.179 I First Offense M Second & Subsequent Offenses within one year period M Marin County Animal Code §§ 8.04.180, 8.04.181, 8.04.182, 8.04.185, 8.04.200, 8.04.225, 8.04.226, 8.04.230, 8.04.240, 8.04.245, 8.04.250, 8.04.252, 8.08.010, 8.08.020, 8.12.010, and 8.12.020. 1 Leash Violation I Dogs Prohibited at Downtown Farmer's Market & other Special Events I/M Use of City Parks/Buildings without Permit I/M Use of City Parks/Buildings After Hours I/M Use of Amplified Sound in City Parks/Buildings without Permit gAbailsche\2017citysanrafael *Does not includes $40 Court Security Fee, $35 Conviction Assessment (Infraction), $30 Conviction Assessment (Misdemeanor) Base Bail $35/185 $35/185 $35 $35 $35/185 $35/185 $35/185 $35/185 $35/185 $35/185 $35 $185 $35 $185 $185 $35 $35 $35/185 $35/185 Total Bail* $158/773 $158/773 $158 $158 $158/773 $158/773 $158/773 $158/773 $158/773 $158/773 $158 $773 $158 $773 $773 $158 $158 $158/773 $158/773 $158/773 EXHIBIT "A" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Bail Total Bail* 8.10.090C(l) I/M Maintenance of Fire Outside Fire Pit of Park Barbecue $35/185 $158/773 8.10.090C(2) I/M Leaving a Fire on City Property without being Extinguished $35/185 $158/773 8.10.090C(3) I/M Possessing or Igniting Fireworks on City Property $35/185 $158/773 8.10.0901)(1) I/M Camping in City Parks/Buildings $35/185 $158/773 8.10.0901)(2) I/M Storing Camp Facilities or Paraphernalia in City Parks/Buildings $35/185 $158/773 8.10.090E I/M Possession of Dangerous Weapon in City Parks/Buildings $35/185 $158/773 8.10.090F I/M Operation of Motorized Boats or Planes in City Parks/Buildings $35/185 $158/773 8.10.090G I/M Swimming/Wading Outside Designated Areas in City Parks $35/185 $158/773 8.10.090H I/M Golfing in City Parks/Buildings $35/185 $158/773 8.10.090I I/M Commercial Activities in City Park or Building without Permit $35/185 $158/773 8.10.0901 I/M Smoking in City Building or within 100 Feet of Playground $35/185 $158/773 8.10.090K I/M Posting of Advertisements in City Parks/Buildings $35/185 $158/773 8.10.090L I/M Gambling in City Parks/Buildings $35/185 $158/773 8.10.090M I/M Disorderly Conduct in City Parks/Buildings $35/185 $158/773 8.10.090N I/M Lawn Darts/Horseshoes Outside Designated Areas in City Parks $35/185 $158/773 8.10.100A -I I/M Regulations Involving Injury or Misuse of City Parks/Buildings $35/185 $158/773 8.10.90A -E I/M Regulations Involving Dogs and Pets in City Parks/Buildings $35/185 $158/773 8.10.120A -F I/M Regulations Involving Animals in City Parks/Buildings $35/185 $158/773 8.10.130A -D I/M Regulations Involving Alcohol in City Parks/Buildings $35/185 $158/773 8.10.140A -J I/M Regulations Involving Vehicles in City Parks $35/185 $158/773 8.10.150A -D I/M Regulations Involving Refuse/Pollution in City Parks/Buildings $35/185 $158/773 8.10.160 I/M Entering or Remaining in City Parks/Buildings Noticed as Closed $35/185 $158/773 8.10.170 I/M Violation of City Parks/Building Regulations $35/185 $158/773 8.12.080 I/M Bill - Posting and Political Signs on Public Property Prohibited $35/185 $158/773 8.12.110 I/M Unlawful to Place Obstructions on Sidewalks $35/185 $158/773 8.12.120 I/M Duty to Trim Sidewalk Trees and Hedges $35/185 $158/773 8.12.170 I/M Discharge of Guns, Pistols & Other Weapons Prohibited $35/185 $158/773 8.12.210 I/M Trespassing Upon Private Property Prohibited $35/185 $158/773 8.13.030 I/M Loud or Unusual Noises Prohibited $35/185 $158/773 8.13.040 I/M Violation of General Noise Limits $35/185 $158/773 gAbailsche\2017citysanrafael *Does not includes $40 Court Security Fee, $35 Conviction Assessment (Infraction), $30 Conviction Assessment (Misdemeanor) EXHIBIT "A" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Bail Total Bail* 8.13.050 I/M Construction -Prohibited Hours/Days $35/185 $158/773 8.14.50-110 I Smoking Ordinance Violation First Offense $35 $158 Second Offense $75 $322 Third and Additional Offense $185 $773 8.18.020 I/M Possession of Open Container of Alcoholic Beverage Near Liquor Stores $35/185 $158/773 8.18.030 I/M Consumption of an Alcoholic Beverage or Possession of an Open Container of $35/185 $158/773 an Alcoholic Beverage on City Public Property 8.18.050 I/M Consumption of an Alcoholic Beverage or Possession of an Open Container of $35/185 $158/773 an Alcoholic Beverage on Parking Lots or Landscaped Areas on Private Property 8.19.050 I/M Unruly Gatherings $35/185 $158/773 8.30.020 I Human Habitation of a Vehicle First Offense $35 $158 Second & Subsequent Offenses within one year period $75 $322 8.35.030 I/M Graffiti Prohibited $35/185 $158/773 8.35.040 I/M Sale & Possession of Graffiti Implements Prohibited $35/185 $158/773 8.35.050 I/M Retail Seller Signs for Aerosol Containers/Graffiti Implements $35/185 $158/773 9.04.050 I/M Prohibition of Smoking in Public Places, Places of Employment, and Certain $35/185 $158/773 Other Areas 9.04.060 I/M Nonsmoking Buffer Zones $35/185 $158/773 9.04.070 I/M Smoking Restrictions in New and Existing Units in Duplexes and Multi- $35/185 $158/773 Family Residences 9.04.100 I/M Smoking Prohibited by Law in Units and Common Areas $35/185 $158/773 9.04.110 I/M Other Requirements and Prohibitions $35/185 $158/773 9.12.020 M Discharge into San Rafael Canal & Tributaries $185 $773 9.12.030 I/M Deposit/Maintenance of Offensive Substances $35/185 $158/773 9.12.034 I/M Littering in Public Places $35/185 $158/773 9.12.036 I/M Merchant's Duty to Keep Sidewalks Free of Litter $35/185 $158/773 9.12.040 I/M Maintenance of Weeds/Deleterious Growth Prohibited $35/185 $158/773 gAbailsche\2017citysanrafael *Does not includes $40 Court Security Fee, $35 Conviction Assessment (Infraction), $30 Conviction Assessment (Misdemeanor) EXHIBIT "A" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Bail Total Bail* 9.19.050 I/M Dumping/Burying of Solid Waste Prohibited $35/185 $158/773 9.19.060 I/M Accumulation of Solid Waste Prohibited $35/185 $158/773 9.19.070 I/M Burning of Solid Waste Prohibited $35/185 $158/773 9.19.090 I/M Obligation of Disposal with Authorized Refuse Agent $35/185 $158/773 9.19.100 I/M Unauthorized Removal of Recyclables $35/185 $158/773 9.19.180 I/M Tampering with Sidewalk Containers/Recyclables $35/185 $158/773 9.19.190 I/M Weekly Garbage Service Required $35/185 $158/773 9.20.020 M Dumping of Pollutants into Water Pollution Control System Prohibited $185 $773 9.22.050 I/M Refusal to Pay Household Hazardous Waste Fee, or Falsification of Household $35/185 $158/773 Hazardous Waste 9.23.050 I/M Falsification of Conditionally Exempt Small Quantity Generator Waste $35/185 $158/773 9.30.060 I/M Discharge of Pollutants Prohibited $35/185 $158/773 9.30.090 I/M Illicit Connection and Discharge to Storm Drains Prohibited $35/185 $158/773 9.30.110 I/M Littering $35/185 $158/773 9.30.120 I/M Maintenance of Sidewalks $35/185 $158/773 9.30.190 I/M Watercourses — Prohibited Actions $35/185 $158/773 10.04.210 I/M Business License Required $35/185 $158/773 10.48.030 I/M Peddling in Building Where No Peddling Sign is Posted $35/185 $158/773 10.48.040 I/M Peddling without Permit $35/185 $158/773 10.48.120 I/M Peddling from Fixed Location on Public Property Prohibited $35/185 $158/773 10.48.130C I/M Peddling in Manner which Interferes with Pedestrians or Vehicles $35/185 $158/773 10.48.140 I/M Peddling after 7:00 p.m. or 1/2 hr. after Sunset, and before 8:00 a.m. $35/185 $158/773 10.48.150A I/M Peddling with Required Identification Card in Plain Sight $35/185 $158/773 10.48.15013 I/M Peddling from Motor Vehicle/Mobile Unit without Required Identification $35/185 $158/773 Emblem 10.48.160 I/M Garbage Disposal by Peddlers on Public or Private Property $35/185 $158/773 10.48.180 I/M Parking and Stopping Restrictions for Peddling from Motor Vehicle/Mobile $35/185 $158/773 A1,A2, A3, Units B, C 10.60.020- I/M Taxicab Regulations $35/185 $158/773 10.60.110 gAbailsche\2017citysanrafael *Does not includes $40 Court Security Fee, $35 Conviction Assessment (Infraction), $30 Conviction Assessment (Misdemeanor) EXHIBIT "A" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Bail Total Bail* 10.90.020- I/M Massage Therapy Regulations $35/185 $158/773 10.90.110 10.92.020 I/M Prohibition on Polystyrene Foam Disposable Food Packaging by Retail Food $35/185 $158/773 Vendors 11.04.030 FM Encroachment Permit Required $35/185 $158/773 11.12.050 FM Injury to/Removal of Street Tree $35/185 $158/773 12.12.010 FM California Building Code Violations $35/185 $158/773 12.14.010 FM California Mechanical Code Violations $35/185 $158/773 12.16.010 FM California Plumbing Code Violations $35/185 $158/773 12.20.010 FM California Electric Code Violations $35/185 $158/773 12.21.010 FM Property Maintenance Code Violations $35/185 $158/773 12.23.010 FM California Green Building Standards $35/185 $158/773 12.46.030 FM Diversion of Construction and Demolition Debris from Landfill $35/185 $158/773 14.04.020 FM Second Dwelling Unit Built Without Use Permit and Exceeding 800 Square $35/185 $158/773 Feet or in Separate Building Not Meeting Setback or Height Requirements 14.16.020 FM Accessory Structures $35/185 $158/773 14.16.140 I/M Fences -Heights / Locations / Materials $35/185 $158/773 14.16.220 FM Home Occupation Ordinance $35/185 $158/773 14.16.250 FM Motor Vehicle Maintenance & Storage in Residential Districts $35/185 $158/773 14.17.020 FM Animal Keeping $35/185 $158/773 14.18.190 FM RV Parking in Residential Districts $35/185 $158/773 14.19.041 FM Sign Permit Requirement $35/185 $158/773 14.19.053 FM Location, Placement and Design of Signs $35/185 $158/773 14.19.070 FM Temporary Signs $35/185 $158/773 14.19.080 FM Prohibited Signs $35/185 $158/773 17.10.030 FM Prohibitions on Dumping, Excavating, Construction, in Designated Tidelands $35/185 $158/773 (a) -(c) 17.20.050 M Anchoring & Mooring Prohibited $185 $773 17.20.060 M Obstructions in Waters & Sunken Vessels $185 $773 17.20.070 M Dangerous & Disabled Vessels $185 $773 17.30.010 FM Vessel Speed Restrictions $35/185 $158/773 gAbailsche\2017citysanrafael *Does not includes $40 Court Security Fee, $35 Conviction Assessment (Infraction), $30 Conviction Assessment (Misdemeanor) EXHIBIT "A" SAN RAFAEL CITY ORDINANCES BAIL SCHEDULE Section Offense Base Bail Total Bail* 17.40.030 I/M Dock Safety and Maintenance Standards for Vessels in Marinas and Private $35/185 $158/773 (a) -(h) Docks 17.40.040 I/M Sanitation Equipment and Standards for Vessels, Marinas and Private Docks $35/185 $158/773 19.10.060 I/M Open Space Regulations $35/185 $158/773 gAbailsche\2017citysanrafael *Does not includes $40 Court Security Fee, $35 Conviction Assessment (Infraction), $30 Conviction Assessment (Misdemeanor) EXHIBIT "A" ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 11/7/2016 From: Eric Davis Department: City Attorney Date: 10/19/2016 Topic: 2017 Bail Schedule Subject: RESOLUTION OF THE CITY OF SAN RAFAEL REGARDING PROPOSED 2017 BAIL SCHEDULE FOR VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE. Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: Staff Report APPROVALS ® Finance Director Remarks: Approved - MM 10/24/16 ® City Attorney Remarks: Approved. ETD 10/20/16 ® Author, review and accept City Attorney / Finance changes Remarks: Approved ETD/lkg 11/1/16 ® City Manager Remarks: