Sausalito city manager pleads not guilty in criminal case

The city manager of Sausalito is not guilty of theft and other charges and plans to apply for a diversion program, her defense attorney said Tuesday.

Elaine Christina Forbes, 53, did not appear in person or by video for the plea hearing in Marin County Superior Court. Her lawyer, Randall Knox, entered the plea on her behalf.

The hearing was the first in the case since July 22, when a judge ordered Forbes to be released from the county jail on her own recognizance. The judge also issued an order for her to get a psychological evaluation at MarinHealth Medical Center.

Forbes, who has a floating home in Sausalito, was arrested on July 18 when she was discovered on a yacht in a different marina. Sheriff’s deputies booked her on suspicion of burglary, a felony with a bail amount of $50,000.

The Marin County District Attorney’s Office charged her with four misdemeanors: two counts of unauthorized lodging on different boats; one count of prowling; and one count of petty theft of personal property. Authorities allege she stole a woman’s clothing.

The arrest happened two days after the Sausalito City Council met in closed session and granted Forbes a two-month leave of absence. The city did not explain the reason for the leave.

Forbes had just started the $275,000-a-year job on July 1. Previously, she was the executive director at the Port of San Francisco for nine years, overseeing a staff of about 270.

Forbes replaced Chris Zapata, who held the job for five years and is now one of Marin’s assistant county executives. With the county’s consent, Zapata is temporarily serving as an adviser to the city. Assistant City Manager Brandon Phipps is the acting city manager.

The plea hearing on Tuesday was held before Judge Ahtossa Fullerton. The judge set a Sept. 30 deadline for Forbes to apply to Marin County’s mental health diversion program.

“She is getting the help she needs,” Knox said after the hearing. “She understands that she needs the help and she wants it. This was so out of character for her.”

“It was a combination of things I don’t want to go into right now,” he said, “but it was a confluence of bad circumstances that caused her to have an episode that was not in conformity with how she ordinarily behaves, and she realized she needed some help.”

Knox said Forbes would file an application to the diversion program soon. If she is accepted, she could avoid a criminal conviction.

To be accepted, Forbes must have a “diagnosed mental disorder under the DSM-5,” Knox said, referring to the Diagnostic and Statistical Manual of Mental Disorders, fifth edition.

“And it’s got to be a significant factor in the commission of the crime,” Knox said. “And there has to be a treatment plan available, and the defendant has to be amenable to treatment. It can last anywhere from six to 24 months, and if you are successful in complying with the requirements and completing the requirements, the case gets dismissed.”

Fullerton scheduled a hearing for Feb. 10 to resolve the case or set a trial.

The city had no comment Tuesday, spokesperson Joe Vazquez said.

Forbes was raised in the Bay Area and attended Bahia Vista Elementary School and Davidson Middle School in San Rafael.