MEETING DATE:
September 24, 2024
SUBJECT:
Title
RESOLUTION NO. 2024-9356 - AMENDMENTS TO THE SAN MARCOS BAIL SCHEDULE FOR SUBMISSION TO THE SAN DIEGO SUPERIOR COURT FOR INCLUSION IN THE COUNTY-WIDE BAIL SCHEDULE; AND APPROVING AMENDMENTS TO THE SAN MARCOS PENALTY FEE SCHEDULE FOR PARKING VIOLATIONS
Body
Recommendation
Recommendation
APPROVE resolution modifying the San Marcos Bail Schedule, including revised bail amounts, and to the Penalty Fee Schedule for Parking Violations
Body
Board or Commission Action
Not Applicable
Relevant Council Strategic Theme
Good Governance
Executive Summary
The San Diego County Superior Court (“Court”) annually publishes its Bail Schedule (“Bail Schedule”) for all misdemeanor and infraction offenses in the County, except Vehicle Code Violations. The City of San Marcos (“City”) provides information to the Court for inclusion in the Bail Schedule. The Court is currently collecting information from cities for publication in the 2025 Bail Schedule. The proposed Resolution would approve submittal to the Court of the City’s current bail amounts, as well as other clean-up items, for inclusion in the 2025 Bail Schedule. Penalties for Vehicle Code Violations are included in the City’s Penalty Fee Schedule for Parking Violations. The proposed action would also update that Schedule.
Discussion
Superior Court judges in each county prepare, adopt, and annually revise a uniform Countywide Schedule of bail for all bailable felony offenses and for all misdemeanor and infraction offenses, except Vehicle Code infractions. The Court adopts its Bail Schedule annually, upon approval of a majority of the Superior Court Judges. The Court recently solicited input from the cities and the County for inclusion in its 2025 Bail Schedule. The input is due by September 27, 2024.
The California Penal Code penalty schedule for infraction violations of the Vehicle Code is established by the Judicial Council in accordance with Section 40310 of the Vehicle Code.
San Marcos Bail Schedule
San Marcos Municipal Code (SMMC) section 1.12 060 provides that the "actual fine amount due the City for various violations of the provisions of this code shall be as set forth in the City of San Marcos Bail Schedule. Said schedule shall be established by resolution of the City Council and may be amended by the Council as necessary." Updating the Bail Schedule provides the Court with the correct fine amounts requested by the City, and provides notice to offenders of the fine amounts that will be assessed for the various code violations. The Resolution presented to you tonight would approve submittal of the City’s proposed revisions to the Court for inclusion in the 2025 Bail Schedule.
The City has adopted a number of ordinances since the full Bail Schedule was last updated in 2009; several of those ordinances have been provided to the Bail Schedule Committee over the years to update the Court. As part of a comprehensive overview, the City Attorney’s Office reviewed the current Bail Schedule and the SMMC to determine appropriate updates to the City’s Bail Schedule. Attachment 1 to this report shows the proposed changes in a redline/strikeout format based on the 2024 Bail Schedule. The majority of the proposed revisions on Attachment 1 are clean-up items. For example, certain section references, descriptions or infraction/misdemeanor designations were identified as needing an update to match the City’s current Code. Certain entries were eliminated because those Code sections have been repealed or replaced, or because the bail amounts are within the City’s standard amounts identified in the Bail Schedule, and the sections do not need to be individually identified on the Schedule.
Changes to bail amounts, for which we request City Council approval pursuant to SMMC 1.12.060, are summarized below:
|
Section |
SMMC Chapter Title |
Description of Change in Bail Amount |
|
2.16.050 |
Controls on Campaign Contributions |
The 2024 Schedule identifies the bail amount as $1,000; section 2.16.050(a) states that the maximum fine for each misdemeanor conviction shall be $10,000, or three times the amount illegally reported, contributed, expended, or given, whichever is greater. Accordingly, the bail amount has been increased to $10,000. |
|
10.33 |
Encampments on City Property |
Chapter 10.33 was adopted in August 2024. Section 10.33.150 provides that violations of the Chapter constitute misdemeanors; misdemeanors may be prosecuted as infractions at the discretion of the City Attorney. Based on the discussion at the City Council meeting when adoption of this Chapter was considered, and the legal landscape surrounding penalties imposed on the unhoused, we have proposed bail amounts under this chapter as follows: 1st offense: $25 2nd offense: $35 3rd offense: $50 |
|
10.42 |
Nudity, Urination, or Defecation in Public Rights-of-Way and Public Places |
The 2024 Schedule identifies the bail amounts at $250, $500, and $1,000 for the 1st, 2nd, and 3rd offenses, respectively; Section 10.42.050 states that violations shall constitute a misdemeanor, punishable by a minimum of at least $1,000. Accordingly, we are proposing that the bail amount be set at $1,000. |
The encampment penalties have been deliberately set at low amounts, as the City is not attempting to target or penalize the unhoused, so that City bail schedule amounts for convictions, or City-assessed administrative penalties for those violations, will not cumulatively burden low-income and/or unhoused persons to an unreasonable degree.
If approved by the City Council, the City Attorney’s Office will provide the proposed Bail Schedule amendments in Attachment 1 to the Court for inclusion in the 2025 Bail Schedule. In the event the Court’s Bail Schedule Committee does not accept an amendment reflected in the attached schedule, the City Council will be informed.
Penalty Fee Schedule for Parking Violations
The City establishes a penalty fee schedule for parking violations within the City. The most recent amendment of the Penalty Fee Schedule was passed on July 14, 2015. With recent updates to Title 12 of the San Marcos Municipal Code, the penalty fee schedule should be amended to reflect these Title 12 updates. The fees shall be charged for the parking or traffic violations of the San Marcos Municipal Code and California Vehicle Code identified in the Attachment 2.
Environmental Review
This action does not constitute a “project” as defined under Section 15378 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000 - 15387), and is therefore not subject to environmental review pursuant to Guidelines Section 15060(c)(3).
Fiscal Impact
There is no anticipated fiscal impact associated with this action, as the additions or revisions to the Bail Schedule are not anticipated to modify current fine and penalty income.
Attachment(s)
Proposed Resolution
Attachment 1. Proposed Amendments to City of San Marcos 2024 Misdemeanor and Infraction Bail Schedule
Attachment 2. Proposed Amendments to City of San Marcos Penalty Fee Schedule for Parking Violations
Prepared by: Jill D.S. Maland, Assistant City Attorney
Reviewed by: Helen Peak, City Attorney
Approved by: Michelle Bender, City Manager