CC SR 20170516 T - Bail ScheduleRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 05/16/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action to adopt a resolution to amend the City's bail
schedule to include overnight camping
RECOMMENDED COUNCIL ACTION:
1) Adopt Resolution No. 2017- A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, STATE OF CALIFORNIA,
AMENDING THE BAIL SCHEDULE FOR CERTAIN OFFENSES
FISCAL IMPACT: No fiscal impact.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Gabriella Yap, Deputy City Manager � *
REVIEWED BY: Same as above
APPROVED BY: Doug Willmore, City Manageryl/�}
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2017-, Revised Bail Schedule (page A-1)
B. Resolution No. 2015-20, Amended Bail Schedule
http://documents.rpvca.gov/WebLink/DocView.aspx?id=45140&searchid=
067cdf4a-f53c-4aef-a33e-91 f72bcc66b2&dbid =0
C. Resolution No. 2010-20, Establishing Bail Schedule
http://documents.rpvca.gov/WebLink/DocView.aspx?id=12926&searchid=
067cdf4a-f53c-4aef-a33e-91 f72bcc66b2&dbid =0
D. Ordinance No. 530, Prohibiting Overnight Camping
http://documents.rpvca.gov/WebLink/DocView.aspx?id=12712&searchid=
734dc5fb-856d-47b0-91 ce-b1698d76c289&dbid=0
BACKGROUND AND DISCUSSION:
In 2010, the City Council adopted a resolution establishing a bail schedule for
misdemeanors and infractions of the Municipal Code (Resolution No. 2010-20), and in
2015, adopted a resolution amending the schedule related to taxicabs (Resolution
No. 2015-20). In 2012, the City Council also adopted Ordinance No. 530 prohibiting
overnight camping in the Palos Verdes Nature Preserve and the "dumping" of animals
on City property, but no fee was established for these infractions at the time. The
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Superior Court has requested that the City provide an updated bail schedule to the
Court to include the overnight camping violation, and Staff suggests including the
animal "dumping" prohibition as well.
The suggested bail amounts for each of these offenses is $50 for a first offense, $100
for the second offense within one year, and $200 for the third offense within one year.
The City Council can adjust these bail amounts to any amount that is less than the
statutory limits, which were previously established at the statutory maximum limits of
$100 for the first offense, $200 for the second offense within one year, and $500 for the
third offense within a year.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative action is available for
the City Council's consideration:
Set the bail schedule at different amounts.
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RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES REVISING THE BAIL SCHEDULE FOR CERTAIN
OFFENSES.
WHEREAS, the City Council established and approved the Rancho Palos Verdes
General Municipal Bail Schedule in March 2010; and,
WHEREAS, the City Council adopted Ordinance No. 530, prohibiting overnight
camping in the Palos Verdes Nature Preserve and the "dumping" of animals on City
property, in 2012; and,
WHEREAS, in response to concerns raised by residents regarding taxicabs
operating with the City, the City Council adopted Ordinance No. 564 in 2015.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The City Council approves the revised Rancho Palos Verdes
General Municipal Bail Schedule attached hereto as Attachment "A". This Bail
Schedule sets forth the dollar amount of the fine to be paid by a person issued a
citation or a notice to appear for violating Chapters 10.04 and 12.16 of the Rancho
Palos Verdes Municipal Code.
Section 2. The General Bail Schedule includes separate columns which
indicate the bail amount for a first, a second and a third offense of the Rancho Palos
Verdes Municipal Code.
Section 3. The City Council hereby requests that the Judges of the Superior
Court for the Southwest Judicial District of the County of Los Angeles approve the
attached General Municipal Bail Schedule attached hereto and incorporated herein
by this reference.
Section 4 The City Clerk shall certify to the adoption of this resolution and
shall cause this resolution and her certification to be entered in the Book of
Resolutions of the Council of this City.
A-1
PASSED, APPROVED and ADOPTED this 16th day of May 2017.
Mayor
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify
that the above Resolution No. 2017- was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof held on May 16, 2017.
City Clerk
A-2
RESOLUTION NO. 2017 -
ATTACHMENT "A"
CITY OF RANCHO PALOS VERDES GENERAL BAIL SCHEDULE
REGARDING VIOLATIONS OF CHAPTER 12.16 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE
The Rancho Palos Verdes Municipal Code Section 1.08 provides that any violation of
the Rancho Palos Verdes Municipal Code ("Code") may be prosecuted as a
misdemeanor, as an infraction or as a civil administrative action. Pursuant to California
Government Code Section 36900(b), every violation of the Code determined to be a
misdemeanor is punishable by a fine of not more than One Thousand ($1,000.00)
Dollars, or by imprisonment for a period of not more than six (6) months, or by both
such fine and imprisonment. Further, every violation of the Code determined to be an
infraction is punishable by: (1) a fine not exceeding One Hundred dollars ($100) for a
first violation; (2) a fine not exceeding Two Hundred dollars ($200) for a second violation
of the same Code provision within one year; (3) a fine not exceeding Five Hundred
dollars ($500) for each additional violation of the same Code provision within one year.
The City officer who issues the citation shall indicate the Code section or provision that
was violated. For repeated offenses of the same Code section or provision within one
calendar year, the officer will indicate the repeated offense by adding the number of
repeated offenses in parentheses after the Code Section number.
Note: Unless otherwise provided by City Council, bail for any violation of the Code for
which no provision is made in this schedule shall be in the amount of One Hundred
($100.00) Dollars for a first violation; Two Hundred ($200.00) for a second violation of
the same code provision within a twelve month period; and Five Hundred ($500.00)
Dollars for each additional violation of the same code provision within a twelve month
period.
MISDEMEANORS
Code Section Description of Code Section Violations
12.16.045 Aircraft
12.16.070 Fires
INFRACTIONS
Code
Description of Code
Bail -
Bail - Bail -
Section
Section Violations
First
Second Third
Offense
Offense Offense
10.04.100
Taxicabs
$50.00
$100.00 $150.00
12.16.010
Protection of flora, fauna and
$50.00
$100.00 $200.00
public buildings and structures
A-3
12.16.020
Motorized vehicles
$50.00
$100.00
$200.00
12.16.030
Hours of operation
$50.00
$100.00
$200.00
12.16.040
Motorized or radio-
$50.00
$100.00
$200.00
controlled models
12.16.050
Dogs and Pets
$50.00
$100.00
$200.00
12.16.060
Littering
$50.00
$100.00
$200.00
12.16.080
Use of city parks, nature
$50.00
$100.00
$200.00
preserves and recreational
facilities
12.16.090
Closed areas
$50.00
$100.00
$200.00
12.16.100
Nudity
$50.00
$100.00
$200.00
12.16.110
Hunting prohibited
$50.00
$100.00
$200.00
12.16.120
Skateboards, roller skates,
$50.00
$100.00
$200.00
inline skates, scooters and
similar
wheeled devices prohibited on
public property
12.16.130
Reckless use of trails within
$100.00
$200.00
$500.00
the Palos Verdes nature
preserve
12.16.140
Overnight Camping
$50.00
$100.00
$200.00
12.16.150
Abandonment of Animals
$50.00
$100.00
$200.00
WE