14-F
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Travis Sais, Assistant to the City Manager
SUBJECT: Consideration and possible action to 1) W aive further reading and adopt Ordinance No. 1420 – An Ordinance adding Section 9.04.110 to the Bellflower Municipal Code (“BMC”) prohibiting unauthorized possession of individual catalytic converters; and 2) Adopt Resolution No. 22-66 – A Resolution adopting a fine schedule pursuant to Bellflower Municipal Code Section 1.12.060(A) and superseding Resolution No. 20-64.
DATE: November 28, 2022
EXECUTIVE SUMMARY
It is recommended that the City Council adopt Ordinance No. 1420 which prohibits unauthorized possession of individual catalytic converters. This action supplements existing California law and serves as an additional means of deterring catalytic converter theft. Ordinance No. 1420 was introduced on November 14, 2022. If adopted, the Ordinance will take effect in 30 days. Additionally, staff has prepared Resolution No. 22-66 for the City Council’s consideration, which, if adopted, would establish a $500 administrative fine for violations of Bellflower Municipal Code § 9.04.110.
RECOMMENDATION TO CITY COUNCIL
1) Waive further reading and adopt Ordinance No. 1420;
2) Adopt Resolution No. 22-66; or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There is a de minimis fiscal impact for codifying Ordinance No. 1420.
ATTACHMENTS
Ordinance No. 1420….…………………………..…………………………………..…………2
November 14, 2022, Staff Report (without attachment)………………………………….…5 Resolution No. 22-66………………………………….…………………………………..……7
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CITY OF BELLFLOWER
ORDINANCE NO. 1420
AN ORDINANCE ADDING SECTION 9.04.110 TO THE
BELLFLOWER MUNICIPAL CODE (“BMC”) PROHIBITING
UNAUTHORIZED POSSESSION OF INDIVIDUAL CATALYTIC
CONVERTERS
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. A new § 9.04.110 is added to the Bellflower Municipal Code (“BMC”) to read as follows:
“9.04.110 Unauthorized Possession of Individual Catalytic Converter Prohibited.
A. It is unlawful for any person to possess an individual catalytic converter without authorization. “Authorization” means any valid documentation confirming that a person may validly possess an individual catalytic converter that substantially includes the information required by Business and Professions Code § 21610(b). This may include, without limitation, a bill of sale or repair invoice.
B. It is unlawful for any person to possess falsified documentation purporting to reflect “authorization” as contemplated by this code.”
SECTION 2. Environmental Review. This Ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). Based upon that review, the Ordinance is exempt from additional environmental review pursuant to CEQA Guidelines § 15061(b)(3). The Ordinance will not result in any developme nt or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.
SECTION 3. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 4. Enforceability. Repeal of any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
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City of Bellflower
Ordinance No. 1420
SECTION 5. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other ordinance by this Ordinance will be rendered void and cause such previous BMC provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 6. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 7. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are seve rable.
SECTION 9. Electronic Signatures. Ordinance may be executed with electronic signatures in accordance with Government Code § 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 10. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption.
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City of Bellflower
Ordinance No. 1420
ORDINANCE NO. 1420 HAD ITS FIRST READING ON NOVEMBER 14, 2022, ITS SECOND READING ON NOVEMBER 28, 2022, AND WAS DULY PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF NOVEMBER 28, 2022.
_____________________________________
Ray Dunton, Mayor
ATTEST:
_______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney
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12-B
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Travis Sais, Assistant to the City Manager
SUBJECT: Consideration and possible action to read by title only, waive further reading and introduce Ordinance No. 1420 – An Ordinance adding Section 9.04.110 to the Bellflower Municipal Code (“BMC”) prohibiting unauthorized possession of individual catalytic converters.
DATE: November 14, 2022
EXECUTIVE SUMMARY
Catalytic converter theft continues to be a serious issue and concern for residents and businesses in the City of Bellflower – which is the case for most cities in California.
Surrounding cities such as Lakewood and Artesia have passed similar ordinances that amended their respective municipal codes to make the possession of an uninstalled catalytic converter unlawful. These code amendments reportedly provide law enforcement personnel necessary tools to begin prosecuting these types of crimes.
If passed, Ordinance No. 1420 would help combat catalytic converter theft by: (1) formally establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; and (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters.
RECOMMENDATION TO CITY COUNCIL
1) Read by title only, waive further reading, and introduce Ordinance No. 1420; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
No fiscal impact with this action.
DISCUSSION
Catalytic converters are an external component of a vehicle, accessible from the underside of a parked car. They convert most of a vehicle’s emissions into less harmful forms, improving air quality and vehicle performance.
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Staff Report – Ordinance No. 1420
November 14, 2022
DISCUSSION – Continued
Catalytic converters contain valuable materials such as platinum and palladium, rare metals that command ever-increasing prices on the recyclables market. Catalytic converter thefts continue to occur due to the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw. Furthermore, individuals are incentivized to commit catalytic converter theft because they are able to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter.
In order to combat catalytic converter theft, cities such as Lakewood and Artesia have passed similar ordinances pertaining to the unlawful possession of a catalytic converter.
Lakewood Station Sheriff Captain Dan Holguin stated these ordinances further assist law enforcement in prosecuting catalytic converter theft. Consequently, staff has prepared the attached ordinance for the City Council’s consideration.
ATTACHMENT
Ordinance No. 1420….…………………………..……………………………………………3
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CITY OF BELLFLOWER
RESOLUTION NO. 22-66
A RESOLUTION ADOPTING A FINE SCHEDULE PURSUANT TO
BELLFLOWER MUNICIPAL CODE § 1.12.060(A) AND
SUPERSEDING RESOLUTION NO. 20-64
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. At its regular meeting on November 28, 2022, the City Council adopted Ordinance No. 1420 - An Ordinance adding Section
9.04.110 to the Bellflower Municipal Code (“BMC”) prohibiting the unauthorized possession of individual catalytic converters;
B. The City Council finds that it is desirable to adopt a resolution pursuant to BMC § 1.12.060(A) to establish a fine amount for administrative citations issued for violating BMC § 9.04.110;
C. This Resolution is adopted pursuant to BMC § 1.12.060(A) and Government Code § 53069.4(a)(1).
SECTION 2. The fine amounts (collectively, “fines”) attached as Exhibit “A” to this Resolution are adopted as the City’s fine schedule for purposes of imposing fines pursuant to administrative citations issued in accordance with the BMC. Resolution No. 20-64, adopted September 28, 2020, is superseded in its entirety.
SECTION 3. Preservation. Repeal or amendment of any previous resolutions does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Resolution’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 4. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.
SECTION 5. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
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City of Bellflower
Resolution No. 22-66
SECTION 6. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 7. This Resolution will become effective concurrently with the effective date of Ordinance No. 1420 and will remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 28th DAY OF NOVEMBER 2022.
__________________________
Ray Dunton, Mayor
ATTEST:
_______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney
ATTACHMENT:
Exhibit A – Fine Schedule for Administrative Citations Ordinance
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RESOLUTION NO. 22-66
EXHIBIT A
FINE SCHEDULE FOR ADMINISTRATIVE CITATIONS ORDINANCE
A. Except as otherwise provided, violations of the BMC for which administrative citations are issued will have fines imposed as follows: (1) A fine not exceeding one hundred dollars ($100.00) for the first violation; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year; or (3) A fine not exceeding five hundred ($500.00) for each additional violation of the same provision within one year of the first violation.
B. Administrative citations issued for the following BMC violations will have fines imposed as specified:
BMC
DESCRIPTION
FINE
AMOUNT
Chapter 8.16 Fireworks regulations1 $2000
Section 9.04.110 Unauthorized possession of catalytic
converter
$500
Chapter 10.30 Unlawful Spectators $500
Chapter 13.24 Solid Waste/recyclable Material
Collection
$250
C. Subsequent violations of the BMC listed in Section B will be punished as follows:
1. A fine not more than twice the amount of the base fine for a second violation of the same provision within one year;
2. A fine not more than three times the amount of the base fine for a second violation of the same provision within one year, not to exceed $1500.
D. A re-inspection fee of $80 will be imposed upon any person causing, permitting, aiding, abetting or suffering a violation of the Bellflower Municipal Code that is not timely and completely corrected or abated (with all required approvals, permits, licenses, and/or inspections) after having received notification from the City to correct or abate same.
E. Pursuant to BMC § 1.12.060(J), fines unpaid 60 days after a citation is issued and not successfully appealed constitute a debt to the City of Bellflower.
Such unpaid fines will accrue interest at the statutory rate (see, e.g., Civil Code § 3289) of 10% per annum.
1 In addition to the administrative fine, a citee is liable and responsible for the payment of actual costs associated with the collection, transportation, and disposal of any seized fireworks in accordance with regulations duly adopted by the State Fire Marshal. -9-