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HomeMy WebLinkAboutAGENDA REPORT 2025 1119 CC REG ITEM 09BCITY OF MOORPARK, CALIFORNIA City Council Meeting of November 19, 2025 ACTION INTRODUCED ORDINANCE NO. 531. (ROLL CALL VOTE: UNANIMOUS) ADOPTED RESOLUTION NO. 2025-4364. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. B. Consider Ordinance Adding Chapter 9.36 to Title 9 of the Moorpark Municipal Code Establishing Requirements Governing the Possession of Catalytic Converters and to Identify Violations as Subject to Civil Penalties and Administrative Charges; and Consider Resolution Amending the City’s Schedule of Fees and Service Charges to Add the Fine Amount for Violating the Catalytic Converter Possession Regulation. Staff Recommendation: 1) Introduce Ordinance No. 531, Adding Chapter 9.36 (Unlawful Possession of Catalytic Converters) to Title 9 (Public Peace, Morals, and Welfare) and Identify Violations as Subject to Civil Penalties and Administrative Charges as Found in the City’s Schedule of Fees and Service Charges, respectively; and 2) Adopt Resolution No. 2025-4364 to Amend the City’s Schedule of Fees and Service Charges to Add the Fine Amount for Violating the Chapter 9.36 of the Moorpark Municipal Code. (Staff: Captain Nick Odenath, Chief of Police) (ROLL CALL VOTE REQUIRED) Item: 9.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Captain Nick Odenath, Chief of Police DATE: 11/19/2025 Regular Meeting SUBJECT: Consider Ordinance Adding Chapter 9.36 to Title 9 of the Moorpark Municipal Code Establishing Requirements Governing the Possession of Catalytic Converters and to Identify Violations as Subject to Civil Penalties and Administrative Charges; and Consider Resolution Amending the City’s Schedule of Fees and Service Charges to Add the Fine Amount for Violating the Catalytic Converter Possession Regulation BACKGROUND Catalytic converter theft has become a widespread issue in California and across the United States. Because these devices contain valuable metals—such as rhodium, palladium, and platinum—and can be quickly removed, they have become a prime target for criminals. Thieves can detach a catalytic converter in under a minute and sell it for up to $1,200. For vehicle owners, replacing a stolen converter can cost several thousand dollars and often takes months to complete due to ongoing supply chain delays. The Ventura County Sheriff’s Office (VCSO) serves the cities of Camarillo, Fillmore, Moorpark, Ojai, and Thousand Oaks. In an effort to address the rise in thefts, in 2021 the VCSO launched the “Etch and Catch” Program in partnership with auto body shops and dealerships to deter these costly thefts. Since 2023, a total of 407 catalytic converters have been reported stolen, with the “Etch and Catch” Program helping to effectuate a reduction in all of the jurisdictions served by VCSO. The additional attention placed on this crime, along with State legislative changes have collectively supported the reduction in thefts. In 2023, 28 thefts were reported in Moorpark, reducing to 12 in 2024; this year only one theft has been reported. However, this local and regional community concern still persists. In order to provide additional deterrence and establish greater consequences for thieves, numerous jurisdictions and municipalities across the State have enacted ordinances creating penalties for being caught with a catalytic converter for which ownership cannot Item: 9.B. 12 Honorable City Council 11/19/2025 Regular Meeting Page 2 be proven. In August 2026, the Ventura County Board of Supervisors adopted Ordinance No. 4649 regulating the possession of catalytic converts and establish an associated penalty of $1,000.00 per violation. DISCUSSION In response to catalytic converter theft, and to provide the VCSO with the ability to penalize individuals caught with catalytic converters for which ownership cannot be proven though documentation, staff recommends adopting an ordinance establishing a new section within the Moorpark Municipal Code to deter these thefts and by making undocumented possession unlawful and establish penalties. The proposed Ordinance is included as Attachment 1. In order to incorporate the proposed penalties into the City’s Schedule of Fees and Services Charges, a resolution establishing the violation in the amount of $1,000.00 is also recommended to be added as follows. It should be noted that pursuant to California Government Code § 36901, a civil penalty (fine) shall not exceed $1,000.00. Fee Description Fine Charge Basis Possession of a Catalytic Converter without proof of ownership $1,000.00 per citation The proposed Resolution and revised Police Services Fee Schedule is included as Attachment 2. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378(b)(4) and 15061(b)(3) of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT There is no fiscal impact associated with this action. Fines assessed would be directly dependent on the number of violations, with these penalties establish for deterrence purposes and not as a revenue source for the City. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Introduce Ordinance No. ___, Adding Chapter 9.36 (Unlawful Possession of Catalytic Converters) to Title 9 (Public Peace, Morals, and Welfare) and Identify Violations as Subject to Civil Penalties and Administrative Charges as Found in the City’s Schedule of Fees and Service Charges, respectively; and 13 Honorable City Council 11/19/2025 Regular Meeting Page 3 2. Adopt Resolution No. 2025-____ to Amend the City’s Schedule of Fees and Service Charges to Add the Fine Amount for Violating the Chapter 9.36 of the Moorpark Municipal Code. Attachment 1: Draft Ordinance No. ___ Attachment 2: Draft Resolution No. 2025-___ 14 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING REQUIREMENTS GOVERNING THE POSSESSION OF CATALYTIC CONVERTERS AND ADDING CHAPTER 9.36 TO TITLE 9 OF THE MOORPARK MUNICIPAL CODE WHEREAS, the theft of catalytic converters has been an increasing problem in recent years. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community; and WHEREAS, recent state legislation seems to have resulted in a decrease in the number of catalytic converter thefts. However, the state legislation does not provide local law enforcement with the mechanisms to make arrests in many cases. Indeed, law enforcement currently cannot seize a catalytic converter found to have been removed from a vehicle and in someone’s possession unless a victim can be identified. Unfortunately, locating the victim without identifying information on the catalytic converter is often impossible; and WHEREAS, in accordance with the California Constitution, Article XI, Section 7, a city may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, to deter thefts of catalytic converters and to enhance the capability of law enforcement to arrest and prosecute those suspected of carrying out such crimes, this ordinance makes it unlawful for any person who is not a licensed core recycler to possess a catalytic converter that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter. This ordinance is necessary to provide the City a means to protect the public and deter this criminal activity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the above recitals are true and correct and are a substantive part of this Ordinance. SECTION 2. Chapter 9.36 (Unlawful Possession of Catalytic Converters) is hereby added to Title 9 of the Moorpark Municipal Code to read as follows: ATTACHMENT 1 15 Ordinance No. ___ Page 2 “Chapter 9.36 Unlawful Possession of Catalytic Converters. Section 9.36.010 Definitions. Section 9.36.020 Prohibition of Unlawful Possession of a Catalytic Converter. Section 9.36.030 Valid Proof of Ownership. Section 9.36.040 Violations and Enforcement. Section 9.36.010 Definitions. “Catalytic converter” means any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less toxic pollutants. “Core recycler” means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler. Section 9.36.020 Prohibition of Unlawful Possession of a Catalytic Converter. A. It is unlawful for any person to possess any catalytic converter that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter. B. This Chapter does not apply to core recyclers complying with all the requirements of California Business and Professions Code section 21610, as may be amended. Section 9.36.030 Valid Proof of Ownership. Valid proof of ownership of a catalytic converter can be established as set forth below: A. By the current owner of the vehicle from which it is removed providing any of the following documentation: 1. Ownership documentation for the vehicle; 2. A valid receipt for a replacement catalytic converter; or 3. Proof of installation of the replacement catalytic converter. 16 Ordinance No. ___ Page 3 B. By a party other than the current owner of the vehicle from which it is removed providing documentation containing all of the following: 1. The license plate number and vehicle identification number of the vehicle from which the catalytic converter was removed; 2. The name, address, and telephone number of the owner of the vehicle from which the catalytic converter was removed; 3. The signature of the vehicle owner authorizing the removal of the catalytic converter; and 4. The name, address and telephone number of the current owner of the catalytic converter. Section 9.36.040 Violations and Enforcement. Each violation of this Chapter constitutes a separate violation, including, but not limited to, each individual possession of multiple catalytic converters during a single contact by law enforcement, and is subject to all authorized remedies and enforcement measures. A violation of this Chapter shall constitute a misdemeanor punishable by a fine not to exceed $1,000.00, imprisonment in the county jail for a term not exceeding one year, or both. The remedies and penalties provided in this Chapter are not exclusive.” SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the 17 Ordinance No. ___ Page 4 proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this ___ day of ___________, 2025. ______________________________ Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk 18 RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING FEES FOR THE CITY’S SCHEDULE OF FEES AND SERVICE CHARGES TO ADD THE FINE AMOUNT FOR UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER IN VIOLATION OF MOORPARK MUNICIPAL CODE CHAPTER 9.36 AND AMENDING RESOLUTION NO. 2024-4267 WHEREAS, catalytic converter theft has become a major problem in California and throughout the country due to the high value of precious metals contained in these devices. Recent California legislation has assisted in decreasing the number of catalytic converter thefts. However, the state legislation does not provide local law enforcement with the mechanisms to make arrests in many cases. Law enforcement currently cannot seize a catalytic converter found to have been removed from a vehicle and in someone’s possession unless a victim can be identified. Unfortunately, locating the victim without identifying information on the catalytic converter is often impossible; and WHEREAS, the City Council has determined that the passage of an ordinance adding Chapter 9.36 (Unlawful Possession of Catalytic Converters) to the Moorpark Municipal Code supports the recent legislation and provides local law enforcement with the mechanisms necessary to further deter thefts of catalytic converters and protect the community; and WHEREAS, user and regulatory fees, fines, and penalties are established by the City Council; and WHEREAS, from time to time, the City Council adds new citation fines and penalties to reflect new laws related to Police Services in the City of Moorpark; and WHEREAS, the City Council desires to add a fine amount of $1,000.00 per violation to the City’s Schedule of Fees and Service Charges for violation of the catalytic converter possession Ordinance, which was added as Section 9.36, Subsection 9.36.040 of Moorpark Municipal Code; and WHEREAS, the City Council desires to amend City Council Resolution No. 2024- 4267 to add a fine for violation of Subsection 9.36.040 of Moorpark Municipal Code to the “Police Services” section of the City’s Schedule of Fees and Service Charges upon the effective date described in Section 2 and 4 of this Resolution; and WHEREAS, in adopting this Resolution, the City Council is taking action on establishing a new fine for violating the Catalytic Converter Possession set forth in the Exhibit. ATTACHMENT 2 19 Resolution No. 2025-____ Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Section entitled (Unlawful Possession of Catalytic Converter) of the Schedule of Fees and Service Charges that was adopted by City Council Resolution No. 2024-4267 is hereby amended to add a new line item for violations of Chapter 9.36, as shown on Exhibit A, attached hereto. SECTION 2. The new fine adopted by this Resolution shall go into effect on January 2, 2026. SECTION 3. Except as herein amended, the remaining provisions of Resolution No. 2024-4267 and in the Schedule of Fees and Services Charges, as adopted by that prior resolution shall remain in full force and effect. Nothing in this resolution shall supersede any adjustments to fees or service charges approved by the Director of Disaster Services pursuant to Moorpark Municipal Code Section 2.48.060(C)(1). SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of November, 2025. ________________________________ Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Exhibit A: Police Services Section of Schedule of Fees and Service Charges Effective Date January 2, 2026 20 City of Moorpark POLICE SERVICES FEES Fee Charge Basis Note Standard Police Service Fees [a] 1 Captain Annual Cost/1,800 per hour* + 15% 2 Sergeant Annual Cost/1,800 per hour* + 15% 3 Senior Deputy Annual Cost/1,800 per hour* + 15% [b] 4 Deputy Annual Cost/1,800 per hour* + 15% [b] 5 Cadet Annual Cost/900 per hour* + 15% Overtime Police Service Fees [a] 6 Sergeant Annual Overtime Rate per hour* + 15% 7 Senior Deputy Annual Overtime Rate per hour* + 15% [b] 8 Deputy Annual Overtime Rate per hour* + 15% [b] 9 Cadet Annual Overtime Rate per hour* + 15% Administrative Police Fees for Towing* 10 A fee will be assessed for each person who owns a vehicle which is towed for impound or storage purposes, pursuant to this resolution. $230 11 A penalty fee in the amount of ten percent (10%) may be added each month to any fee imposed in the event the fee is not paid within thirty (30) days after the billing date. 10% False Alarm Billing Rates 12 False Alarm Responses Within a Period of Twelve (12) Consecutive Months Starting Each January 1 and Ending Each December 31 a) First Response $0 b) Second Response $0 c) Third Response $0 d) Fourth Response $200 e) Fifth Response $300 f) Sixth Response $400 g) Seventh Response $500 h) Eighth Response $600 i) Ninth and Greater Response $700 Cost Recovery 13 Social Host a) Fine $2,500 per violation b) Plus, Direct cost incurred for first response and all subsequent responses within a 12 month period from first warning Direct Cost + 15% Administrative Fee 14 Police Services for Emergency Responses from Motorist driving under the influence incidents Direct Cost + 15% Administrative Fee 15 Unlawful Possession of Catalytic Converter $1,000 per violation [b] Beat Coordinator hours are billed at either the Senior Deputy or Deputy Rate as applicable. Fee Description Note: A penalty fee in the amount of ten percent (10%) may be added each month to any fee imposed in the event the fee is not paid within thirty (30) days after the billing date. Note: A penalty fee in the amount of ten percent (10%) may be added each month to any fee imposed in the event the fee is not paid within thirty (30) days after the billing date. * As calculated from the latest annual contract and services rates adopted by the Ventura County Board of Supervisors for the Ventura County Sheriff’s Office. [a] These rates include fifteen percent (15%) City general government overhead. 21 Resolution No. 2025-____ Page 3 EXHIBIT A