HomeMy WebLinkAboutAGENDA REPORT 1993 0303 CC REG ITEM 11LTO:
FROM:
DATE:
AGENDA REPORT
CITY OF MOORPARK
The Honorable City Council
ITEM ��•
Jaime R. Aquilera, Director of Community Development'"
Prepared by Frank Mancino, Code Enforcement Officer
February 3, 1993 (CC Meeting 3 -3 -93)
SUBJECT: UP- DATING /CHANGES /ADDITIONS TO THE CURRENT BAIL SCHEDULE
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BACKGROUND
City Council adopted Resolution No. 91 -743 September 4, 1991,
adopting a schedule of fines (i.e., Bail Schedule) as penalties for
convictions of infractions and /or misdemeanor. That schedule was
subsequently revised to increase the range of fines, and to allow
further offenses to be considered a misdemeanor.
The City Council approved the revised Schedule of Penalties for
Infractions /Misdemeanors in September 1991, and staff received a
copy of the approved Bail Schedule from the County Bail Committee
on October 28, 1991. Additional revisions are now necessary as
discussed below.
DISCUSSION
During the process of completing the original bail schedule, staff
was informed by the county that there was no need to separately
list each violation in the bail schedule. Instead, a blanket
statement was included to cover all those violations not listed in
the bail schedule.
Staff has had problems with the current Bail Schedule because of
that blanket statement. We have found that when writing a
citation, if the violation is not listed on the bail schedule, the
violation is not processed by the court until we have submitted a
letter requesting that the specific violation be added to the bail
schedule.
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City Council
February 3. 1993
Page 2
To avoid this situation in the future, staff is proposing to revise
the Bail Schedule to include all known code sections for which
violations may occur. Staff has reviewed Municipal, Zoning,
Building, and Housing Codes to include appropriate subsections and
is recommending the following changes as shown on the attached
Bail Schedule. The proposed bail schedule can never be all
inclusive but we believe that this schedule will cover most routine
issues.
Further, after consultation with our City Attorney, she informed
staff that we could not arbitrarily call a misdemeanor an
infraction. We were informed that if the ordinance calls out a
violation as a misdemeanor then it must be cited as such. Staff
has therefore changed the bail schedule to reflect the penalties
prescribed by the Municipal Code. After adoption of the Bail
Schedule contained in the resolution it will need to be reviewed by
the Ventura County Bail Committee. This is expected to take
approximatly four (4) weeks.
RECOMMENDATION
Adopt the attached resolution, rescinding Resolution No. 91 -794 and
approving a revised Schedule for Infractions and Misdemeanors.
Attachments: 1. Copy of previous Bail Schedule
2. Draft Resolution and Revised Bail Schedule
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