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Resolution Bail Schedule and Penalty Fee Update 2024.docx

San Marcos City Council
September 24, 2024

Document
Resolution Bail Schedule and Penalty Fee Update 2024.docx
Meeting
September 24, 2024
Body
San Marcos City Council
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2
Original file
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Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

RESOLUTION NO. 2024-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, APPROVING 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 WHEREAS, 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; and WHEREAS, the Court adopts its Bail Schedule annually, upon approval of a majority of the Superior Court Judges and the Court recently solicited input from the cities and the County for inclusion in its 2025 Bail Schedule; and WHEREAS, the City of San Marcos (“City”) provides information to the Court for inclusion in the Bail Schedule and input for the 225 Bail Schedule is due by September 27, 2024; and WHEREAS, penalties for Vehicle Code Violations are not included in the Bail Schedule but, rather, are included in the City’s Penalty Fee Schedule for Parking Violations (“Fee Schedule”); and WHEREAS, both the Bail Schedule and the Fee Schedule are in need of amendments due to amendments to the City’s Municipal Code since the most recent updates to the Schedules; and WHEREAS, San Marcos Municipal Code (SMMC) section 1.12 060 authorizes the City Council to approve fine amounts imposed for violations of the SMMC; and WHEREAS, the City has adopted new ordinances and amended some SMMC provisions since the Schedules were last updated; and WHEREAS, a comprehensive overview of the current Bail Schedule, the Current Fee Schedule, and the SMMC has been conducted to determine appropriate updates to the Schedules; and WHEREAS, based on that review, staff has recommended that the Schedules be amended as reflected in the Attachment 1, “Proposed Amendments to City of San Marcos 2024 Misdemeanor and Infraction Bail Schedule” and Attachment 2, “Proposed Amendments to City of San Marcos Penalty Fee Schedule for Parking Violations.” NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Marcos does hereby find and approve as follows:

The foregoing recitals are incorporated herein by reference; The amendment of the City of San Marcos 2024 Misdemeanor and Infraction Bail Schedule, as reflected in Attachment 1 to this Resolution, is hereby approved; The amendment of the City of San Marcos Penalty Fee Schedule for Parking Violations, as reflected in Attachment 2 to this Resolution, is hereby approved; and The City Attorney, in coordination with the City Manager, to make other minor modifications to the Schedules as may be required to be consistent with this Resolution and to conform to the SMMC.

PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS at a regular meeting held on the 24th day of September 2024, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMENBERS:
______________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_____________________________
Phillip Scollick, City Clerk
City of San Marcos
Resolution 2024 – XXXX
September 24, 2024

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