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Agenda Item No: 3, b
Meeting Date: October 15, 2012
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: CITY ATTORNEY
Prepared by: Eric T. Davis
Deputy City Attorney II
SUBJECT:
City Manager Approval;,' 1,
Resolution Regarding Proposed 2013 Bail Schedule for Violations of San Rafael Municipal Code.
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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 10, 2012, 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 2013 Bail Schedule will be a base
bail of $35 for infractions and $185 for misdemeanors, with total bail amounts being $162 for infractions
and 5777 for misdemeanors after adding penalty assessments and surcharges, but excluding additional
charges that are imposed as court security fees and conviction assessments. The default bail amounts on
the 2012 Bail Schedule were the same as those being proposed for base bail and total bail amounts on the
2013 Bail Schedule..
FOR CITY CLERK ONLY
File No.: i- r.
Council Meeting:
Disposition: 3*
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
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 $177 total bail amount for an
infraction, the City will receive only about $30, and the County and State will receive about $147. In the
case of a total bail amount of $777 for a misdemeanor, the City will receive only about $160, while the
County and State will receive about $617. Accordingly, the City will receive 20% or less than the total
bail amount reflected in the Bail Schedule.
The City Council approved an amendment of the bail schedule last year, when the City Council adopted
Resolution No. 13241', requesting that the Courts amend the City's Bail Schedule to reflect (1) a change
the base bail amount for a first violation SRMC Section 8.30.020 for Human Habitation of a Vehicle, (2)
a change in the description of Fence violations (SRMC Section 14.16.140), (3) the addition of the existing
violation in SRMC Section 8.13.050 for construction hour restrictions, and (4) the addition of the
violations for new ordinances covering Massage Therapy Regulations (SRMC Chapter 10.90), Property
Maintenance Code (SRMC Chapter 12.21), California Green Building Standards (SRMC Chapter 12.23),
and Diversion of Construction and Demolition Debris (SRMC Chapter 12.46).
This year, staff recommends that the City Council approve a proposed 2013 Bail Schedule for the City of
San Rafael, in the form attached as Exhibit "A" hereto. This proposed 2013 Bail Schedule for the City of
San Rafael will:
(1) Revise the descriptions of the violations in SRMC Sections 8.18.030 and 8.18.050, and delete
the violation in SRMC Section 8.18.040, to conform with Ordinance #1906 amending the
City's Open Container Ordinance;
(2) Add violations for Ordinance #1907 covering the Prohibition on Polystyrene Foam
Disposable Food Packaging by Food Retailers (SRMC Section 10.92.020); and
(3) Delete the reference to the repealed SRMC Sections $.14.050-8.14.10, and add references to
SRMC Sections 9.04.050, 9.04.060, 9.04.070, 9.04.100, and 9.04.110 for violations under
Ordinance #1908 covering the expanded Smoking Ordinance; and
(4) Revise the description for the violation in SRMC Section 14.19.070, Temporary Signs.
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 INT IPACT:
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
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
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 10, 2012.
(2) Resolution.
(3) Exhibit "A" to Resolution, Proposed 2013 Bail Schedule (Additions, Revisions
and Corrections from the 2012 Bail Schedule are in bold, and underlined).
SUPERIOR COURT I Of CALIFORNIA
County 6fMarin
MEMORANDUM
TO: Marin County Chiefs of Police
and Affected Aes
FROM: Kim Turner
Court Exec t* e Officer
DATE: September 10, 2012
SUBJECT: ANNUAL BAIL SCHEDULE REVIEW
RECEIVED
C)
-SEP 16 2012
C1 17 AITTORND,
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 f6r changes to your juridiction's offenses. Please
see the July 2012 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?
0 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.
- i�
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?)
Unless there is a change in the Judicial Council authorized default bail
amounts, for calendar year 2013, the Court has established the following
default bail amounts for any offense not specifically listed in the local ordinance
schedule:
Base + Addl 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 $ 10,000; 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 10, 2012 to:
MARIN COUNTY SUPERIOR COURT
ATTN: BAIL REVIEW
P.O. BOX 4988
SAN RAFAEL, CA 94913-4988
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 Judicial Council.
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.
':\BAIL SCHEDULE\2013 \BAIL REVIEW LETTER 2013.doc
0
M
RESOLUTION NO. 13423
Im
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL REGARDING PROPOSED 2013 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 ("SRI\4C") for inclusion in the 2013 countywide bail schedule; and
WHEREAS, the text of the bail schedule for the City of San Rafael was last amended in 2012
based upon a recommendation by the City Council in 2011 by Resolution No. 13241; and
WHEREAS, the bail schedule now needs to be amended to reflect the changes made in the last
year to add and delete sections of the City's Municipal Code, to change the descriptive language for some
SRMC Sections listed in the schedule, and 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 revise the proposed 2013 Bail
Schedule for violations of provisions of the San Rafael Municipal Code to read as provided in Exhibit
"A" attached hereto.
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.
1, 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 15th
day of October, 21012 by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRN-VE, City Clerk
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ROUTING SLIP FOR APPROVAL OF
CONTRACTS / AGREEMENTS / ORDINANCES / RESOLUTIONS
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF ORIGINAL
CONTRACT / AGREEMENT / ORDINANCE / RESOLUTION
BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO: 3. b
DATE OF MEETING: October 15, 2012
FROM: Eric T. Davis, Deputy City Attorney
DATE: October 9, 2012
ORIGINATING DEPARTMENT: City Attorney
TITLE OF DOCUMENT:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REGARDING
PROPOSED 2013 BAIL SCHEDULE FOR VIOLATIONS OF THE SAN RAFAEL
MUNICIPAL CODE.
Eric T. Davis
Deputy City Attorney 11
(LOWER HALF OF FORM FOR APPROVALS ONLY)
Reviewed by City Manager /'Executive Director
ZD
Approved as Council / Agency Agenda Item
FITAILTIMM
APPROVED AS TO FORM:
City Attorney (Signature)
