____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 3.b
Meeting Date: February 17, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Parking Services Division
Prepared by: Jim Myhers
Parking Services Manager
City Manager Approval: ______________
TOPIC: AMENDMENTS TO MUNICIPAL CODE RELATED TO BAIL SCHEDULE REPEAL AND
PARKING REGULATION CLARIFICATION
SUBJECT: 1. AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING SAN RAFAEL MUNICIPAL CODE, TO REPEAL CHAPTER 5.74 BAIL SCHEDULE FOR VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE; CEQA DETERMINATION:
EXEMPT PURSUANT TO CEQA GUIDELINE 15378(b)(5); AND
2. AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING SAN RAFAEL MUNICIPAL CODE, CHAPTER 5.48 STOPPING, STANDING OR PARKING
RESTRICTED OR PROHIBITED ON CERTAIN STREETS, TO CLARIFY APPLICABILITY TO OFF-STREET PARKING FACILITIES: CEQA DETERMINATION:
EXEMPT PURSUANT TO CEQA GUIDELINE 15378(b)(5)
RECOMMENDATION:
Staff recommends that the City Council first introduce an ordinance repealing Chapter 5.74 (Bail Schedule for Violations) of the San Rafael Municipal Code, waive further reading, and refer to it by title only, and introduce an ordinance amending Chapter 5.48 (Stopping, Standing or Parking Restricted or Prohibited on Certain Streets), waive further reading, and refer to it by title only.
BACKGROUND:
Chapter 5.74 of the San Rafael Municipal Code (SRMC) was adopted in 1975 and lists specific parking violations and the accompanying fines for each. For example, expired meter violations in this section carry a fine of $3.00, and an abandoned vehicle fine is $50.00. This specific chapter was superseded and became effectively unenforceable when the state enacted AB 408 in 1992. AB 408 said that parking violations were no longer considered infractions but were to be treated as civil offenses subject to civil penalties and administrative enforcement.
ANALYSIS:
Section 40203.5 of the Vehicle Code allows the local authority to determine parking violation fines, and the City Council may, by resolution, set the dollar amounts for each specific parking violation. The Council has taken this specific action several times over the years, with the last resolution passed in 2022 as part of the master fee schedule update.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
SRMC Chapter 5.48 enables the City Traffic Engineer to regulate stopping, standing, or restricting parking on certain streets. This amendment will add language to the existing code to include off-street parking facilities, so that all city-owned and managed parking facilities are subject to enforcement by SRMC Chapter 5.48.
The purpose of these proposed actions is to clarify and update our regulations in accordance with new state laws and the latest master fee schedule.
Adoption of this resolution aligns with the goals of the City’s FY 2025-2028 Strategic Plan, including Goal F.2 “Innovate City systems and operations to improve service delivery, customer experience, responsiveness and transparency.”
FISCAL IMPACT:
There will be no fiscal impact from adopting the ordinances.
OPTIONS:
The City Council has the following options to consider in this manner:
1. Hold a public hearing to consider the ordinances and pass to print
2. Make minor modifications to the ordinances and pass to print
3. Take no action
RECOMMENDED ACTION:
Staff recommends that the City Council first introduce an ordinance repealing Chapter 5.74 (Bail Schedule for Violations) of the San Rafael Municipal Code, waive further reading, and refer to it by title only, and introduce an ordinance amending Chapter 5.48 (Stopping, Standing or Parking Restricted or Prohibited on Certain Streets), waive further reading, and refer to it by title only.
ATTACHMENTS
1. Attachment A: Ordinance to repeal Chapter 5.74 Bail Schedule for Violations
2. Attachment B: Ordinance to amend Chapter 5.48 Stopping, Standing or Parking Restricted or Prohibited on Certain Streets
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING THE SAN RAFAEL MUNICIPAL CODE, TO REPEAL CHAPTER 5.74 BAIL SCHEDULE FOR
VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE
WHEREAS, in 1975 the San Rafael City Council adopted Ordinance No. 1199 added Chapter 5.74 to the San Rafael Municipal Code in 1975 to set the bail schedule for parking violations; and
WHEREAS, in 1992, the State of California passed AB402, which provides that parking violations were no longer to be treated as infractions within the criminal justice system but were to be treated as civil offenses subject to civil penalties and administrative enforcement, rendering Ordinance No. 1199 unenforceable; and WHEREAS, sections 32 and 40203.5 of the California Vehicle Code allows a local authority to set those civil penalties for parking violations via resolution; and WHEREAS, most recently, the City Council adopted Resolution No. 15180 establishing the current civil penalty amount for parking violations; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. AMENDMENT OF MUNICIPAL CODE
Repeal of Chapter 5.74 – Bail Schedule for Violation, of the San Rafael Municipal Code
Chapter 5.74 – Bail Schedule for Violation, of the San Rafael Municipal Code is hereby repealed and deleted in its entirety.
DIVISION 2. Severability
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of San Rafael hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid.
DIVISION 3. CEQA Determination.
The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to 14 CCR Section 15378(b)(5), this is a personnel-related action that constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
DIVISION 4. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect thirty (30) days after its final passage.
If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Council members voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 17th day of February 2026, and was passed and adopted at a regular meeting of the San Rafael City Council on the 2nd day of March 2026 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING THE SAN RAFAEL MUNICIPAL CODE, TO AMEND CHAPTER 5.48 REGARDING
PARKING IN OFF-STREET PARKING FACILITIES
WHEREAS, the San Rafael Municipal Code (SRMC) at Chapter 5.48 permits the traffic engineer to regulate stopping, standing or parking on certain street; and WHEREAS, the SRMC at Chapter 5.60 regulates parking in off-street parking facilities operated by the city; and
WHEREAS, Section 22519 of the California Vehicle Code allows for local authorities to regulate their off-street parking facilities in the same manner as on street parking facilities; and
WHEREAS, orderly and consistent parking regulation on streets and off-street parking supports the provision of high-quality parking services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. AMENDMENT OF MUNICIPAL CODE
Chapter 5.48 of the San Rafael Municipal Code is hereby amended to read as follows, with additions shown in underline and deletions shown in strikethrough:
Section 5.48.010 - City traffic engineer to regulate parking The city traffic engineer, shall, from time to time, regulate, restrict or prohibit parking upon specified streets and off-street parking facilities and during specified hours and cause notice of such regulations to be given by the placing of suitable signs or curb markings upon the streets, or portions thereof, affected thereby.
Section 5.48.020 - Compliance with signs or curb markings When authorized signs or curb markings giving notice of parking regulations, restrictions or prohibitions as in this title provided, are in place, no person shall stop, park or leave standing any vehicle upon any street or alley or off-street parking facility, at any time or in any manner forbidden or contrary to said signs or markings.
Section 5.48.030 - Parking space markings
The city traffic engineer is authorized to install and maintain parking space markings to indicate parking space adjacent to curbings where authorized parking is permitted.
When such parking space markings are placed in a highway, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible.
DIVISION 2. Severability
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of San Rafael hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid.
DIVISION 3. CEQA Determination.
The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to 14 CCR Section 15378(b)(5), this is a personnel-related action that constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
DIVISION 4. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect thirty (30) days after its final passage.
If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Council members voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 17th day of February 2026, and was passed and adopted at a regular meeting of the San Rafael City Council on the 2nd day of March 2026 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk