2 1
9 0
TABLE 1 – SUMMARY OF AVAILABLE OPTIONS
Description Purchase &
Installation Cost
Annual
Maint. Cost
Total for
Year 1
Option 1 Prefabricated Sewer Restroom $445,000+ $12,770 $457,770+ Option 2 Prefabricated Pit Restroom $146,801 $31,270 $178,071 Option 3 9’x20’ Restroom Trailer/Building $109,457 $31,270 $140,727 Option 4 Portable Restrooms - $21,684 $21,684
Option 1 – Prefabricated Sewer Restroom
The first option that was evaluated was a permanent sewer restroom. The restroom building itself would cost $80,000 for only the restroom. However, due to the absence of a sewer main system nearby, staff and the design consultant, Kimley-Horn, reviewed options to extend a sewer main along Garbani Road. Three options to extend a sewer main were presented as follows:
1. Extend sewer main from an existing manhole located 820 feet to the east of the Project site. This option would result in a shallow sewer main system with a cover less than four feet at the main. This option would require a pump system with an estimated additional cost of approximately $365,000 including design, concrete work, plumbing, and the building foundation. Eastern Municipal Water District (EMWD) rejected this option as sewer mains must be deeper than six feet.
2. Extend the sewer main from an existing manhole located at the intersection of Evans Road and Garbani Road, approximately 470 feet to the west of the Project site. This option would require boring under an existing drainage culvert and would also cost an additional $300,000.
3. Connect to the existing sewer main at Quilt Way. This option would include installing 900 feet of sewer lateral along the maintenance road of the drainage channel located west of the Project site. The cost for this option would be slightly less than the first two options.
Option 2 – Prefabricated Pit Restroom
For option 2, staff evaluated a prefabricated pit type restroom similar to what is found at national parks. This option would be more cost effective in comparison to a sewer restroom option and would be within the established budget.
The cost of the purchase for the prefabricated pit-style restroom building for the Gale Webb Action Sports Park is $91,801. The purchase would be made through Sourcewell Cooperative Purchasing Agreement, Contract No. 081721-CXT. The purchase price includes the restroom building, solar fans and lighting, timed locking system, necessary earth work such as excavation and backfill to install the pit tanks, crane services, transportation and delivery costs, and taxes and fees. It is important to note that this purchase does not include site work such as grading, utility connections (water) and concrete flat work around the new restroom. The cost of the sitework is estimated to be approximately $55,000. Staff is researching the possibility of performing the work by utilizing internal resources (Public Works crews) to complete the necessary site work. However, if it is determined the work is beyond the scope of available internal resources, the site work services would be procured through the competitive bidding process and performed under a separate agreement, which would be presented to City Council for Item Title: 12.1
Gale Webb Action Sports Park Restroom Project
Item Page Number: 2
Menifee Mayor and City Council
July 17, 2024
Page
1016 of 1032
City of Menifee Staff Report
Gale Webb Restroom Project
July 17, 2024
2 1
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consideration of award at a future meeting. Maintenance of the restroom tanks would include bi- weekly servicing at a cost of $886 per visit, or $1,772 per month. The Community Services Department would coordinate and budget for the necessary ongoing maintenance services of the restrooms.
Option 3 – 9’x20’ Restroom Trailer/Building
The third option recommended by staff would be the purchase and installation of a 9’x20’ restroom trailer. The cost of the purchase would total $109,457. The purchase would be made through TIPS Cooperative Purchasing Agreement, Contract No. 24020201. The purchase would include the installation and delivery of a 9’x20’ restroom and two ADA ramps. Maintenance of the restroom tanks would include bi-weekly servicing at a cost of $886 per visit, or $1,772 per month. The Community Services Department would coordinate and budget for the necessary ongoing maintenance services of the restrooms.
Option 4 – Portable Restroom surrounded by Fencing
The final option evaluated would be to keep renting the portable restrooms currently located at the park. The service cost for the rentals totals $1,807 per month or $21,684 annually. If the City Council selects option 4, staff recommends that a fence be built around the portable restrooms.
The cost for the fencing around the restroom would already be in the approved budget, therefore there would be no need to allocate additional funding.
The Parks, Recreation and Trails Commission reviewed the four options described above during a special meeting on June 20, 2024. After a discussion, they have recommended the department proceed with a prefabricated sewer restroom (Option 1) as summarized in this report.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
There is no direct fiscal impact for the action. Dependent on direction provided by the City Council to move forward, more definitive estimates for the Project would be established and any successful contractor bids would be presented. The current budget allocated to the Project is $200,000 and the funding sources are broken down in Table 2 below.
Table 2 – Project Funding Sources
Fund Fund Description Project Budget
522 DIF Citywide – Park Improvements $150,000
620 Local Park (Quimby) $50,000
TOTAL $200,000
Item Title: 12.1
Gale Webb Action Sports Park Restroom Project
Item Page Number: 3
Menifee Mayor and City Council
July 17, 2024
Page
1017 of 1032
CITY OF MENIFEE
SUBJECT: Business License Fees
MEETING DATE: July 17, 2024
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Deputy Finance Director REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Review and provide feedback and direction on proposed potential modifications to business license fees.
DISCUSSION
At the October 4, 2023 Council meeting, City Council requested a future agenda item discussing potential reductions to existing business license fees that would make the City’s business license fees the lowest in Riverside County.
In general, business licensing programs are structured as either one of two types:
1.Business Tax Programs: These programs impose a tax on persons or entities conducting business within a city. They are structured as revenue-raising mechanism to support delivery of municipal services. Business Tax Programs are often based on components like gross receipts, business type, etc. Rates are set at each city’s discretion but may not be discriminatory or confiscatory. In Riverside County, Business Tax Program fees range from $72 (general business) to $1,550 (larger business).
2.Business License and Regulation Program: These programs focus on regulations and record keeping, for the purpose of protecting the public health, safety, and welfare of city residents. Rather than raising revenues, these programs seek only to recover the costs of administering the regulatory program and any other mandatory fees such as the state Certified Access Specialist (CASp) fee. In Riverside County, Business License and Regulation Program fees range from $39 to $59.
Since incorporation, the City has implemented a Business License and Regulation Program, as required under Chapter 5 of the Menifee Municipal Code. The City’s Program is not a revenue Item Title: 12.2
Business License Fees
Item Page Number: 1
Menifee Mayor and City Council
July 17, 2024
Page
1018 of 1032
City of Menifee Staff Report
Reduction of Business License Fees to Lowest in the County July 17, 2024
2 1
2 8
raising Business Tax Program; rather, it is a Business License and Regulation Program, designed to only recover (at most) the costs of administering the program. The City’s program is used to maintain and support the City’s efforts to be a safe and vibrant community with a thriving economy.
As part of the Comprehensive Citywide User Fee Study adopted in the fall of 2022, the City’s business license fees were reviewed and analyzed for services provided through the program, and to establish corresponding cost recovery fees. The Finance Department collects fees for business registration, business licensing, and return check processing services. The total cost calculated for each service includes direct staff costs, direct materials costs (where applicable), and departmental and citywide overhead. In the 2022 analysis of the City’s fees, the fees previously collected showed an under-recovery to actual costs. With the new adopted fee schedule, the following new fees were established, effective July 15, 2024, and outlined in Table 1 below:
TABLE 1: ADOPTED USER FEES
Services Fees
New Business Registration $78.19
Renewal Business Registration $58.64
Business Registration Change of Name $19.55
Business Registration Change of Physical Address $39.06 Business Registration Change of Mailing Address $6.17
Duplicate Business License $6.17
Single Day Event Business License $19.55
The fees reflected above are the actual license fees. Other applicable permit, and/or zoning review fees are established as separate fees under the fee schedule. Similarly, for applicable in- city businesses subject to National Pollutant Discharge Elimination System and/or fire inspections, which are included in the annual business license process to consolidate and streamline remittance of fees due for businesses, the corresponding inspection fees are identified as separate fees within the fee schedule.
These fees are subject to periodic adjustment based on the Consumer Price Index, not to exceed 4%. The next adjustment will occur on July 1, 2025.
The City’s current business license program revenues for the most recently completed fiscal year (FY2022/23) were $151,559.
If the City Council provides direction to further explore the reduction of the City’s current existing business license fees, a cost impact analysis of the proposed reduction would be reviewed and presented for City Council consideration.
STRATEGIC PLAN OBJECTIVE
Regular City Business
Item Title: 12.2
Business License Fees
Item Page Number: 2
Menifee Mayor and City Council
July 17, 2024
Page
1019 of 1032
City of Menifee Staff Report
Reduction of Business License Fees to Lowest in the County July 17, 2024
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2 8
FISCAL IMPACT
There is no fiscal impact for the recommended action. Any future action on this item could result in additional fiscal impact, based upon the parameters of any reductions that are applied.
Item Title: 12.2
Business License Fees
Item Page Number: 3
Menifee Mayor and City Council
July 17, 2024
Page
1020 of 1032
CITY OF MENIFEE
SUBJECT: First Reading and Introduction of an Ordinance Establishing Regulations for Unruly and Loud Conduct
MEETING DATE: July 17, 2024
TO: Mayor and City Council
PREPARED BY: Paul Barbieri, Lieutenant
REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Introduce an ordinance adding Chapter 11.07 to Title 11 of the Menifee Municipal Code establishing regulations for loud and unruly conduct from residential, commercial, and multi- family properties.
DISCUSSION
The City of Menifee currently has two ordinances which address quality of life issues that may be affected by loud parties, boisterous conduct, or unreasonable noise. Section 11.06.020 of Title 11 of the Menifee Municipal Code addresses the hosting of parties where underage drinking occurs, and Title 9, Planning and Zoning, 9.210.060 (Noise Control Regulations) addresses noise levels. While those ordinances address important issues, they do not capture the full range of conduct that can threaten the public health, safety, and welfare of the community, and the quiet enjoyment of residential property or public property.
To close that gap, the proposed ordinance would broadly regulate any unruly or loud conduct, including, without limitation, obstruction of streets by crowds or vehicles; public drunkenness; public urination; public defecation; service to, possession of, or consumption of alcoholic beverages by an underage person(s); assaults; batteries; vandalism; and littering. The proposed ordinance would also hold hosts of parties, gatherings or events – including parents of juveniles that host parties, gatherings, or events – responsible for loud or unruly conduct that occurs at those events.
The need for this ordinance was identified through a review of the calls for service to the Police Department (PD) between July 1, 2020, and December 31, 2022. During that period, PD responded to 9346 calls for service associated with noise complaints and other conduct that Item Title: 12.3
First Reading and Introduction of an Ordinance Establishing Regulations for Unruly and Loud Conduct Item Page Number: 1
Menifee Mayor and City Council
July 17, 2024
Page
1021 of 1032
City of Menifee Staff Report
Unruly and Loud Conduct Ordinance
July 17, 2024
2 0
8 1
constituted a threat to public peace, morals, and safety. Of the 9346 calls for service, 1633 calls were at locations where PD had previously received and responded to at least one similar call for service.
These types of calls divert time and resources away from other important enforcement activities.
The average time spent responding to and handling disturbance type calls varies based on the location and the number of individuals on scene. It is not uncommon for these calls to involve alcohol, and some involve uncooperative individuals, which require several officers to respond. A minimum of two officers are required for all disturbance complaint calls. These factors combine to cause a significant fiscal impact and lost officer productivity.
Enforcement protocols would begin with appropriate warnings and efforts to achieve voluntary compliance. In appropriate circumstances, e.g., repeated calls for service or unreasonable disturbances of neighbors, the full palette of enforcement tools would be available to law enforcement personnel.
While the proposed ordinance would allow for the use of all criminal, civil, and administrative enforcement tools (as is typical for most violations of the Municipal Code) its core purpose is to minimize the unnecessary burden to PD resources caused by an excessive amount of complaint calls. This may be done through a documented warning, an administrative citation issued by the officer on scene, or a misdemeanor charge. While the ordinance leaves enforcement discretion with PD, in typical circumstances a warning would be issued in the first instance, followed by the City’s current administrative fines established in Resolution No. 09-100; $100, $200, and $500 for each subsequent violation.
STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
This ordinance would allow officers to enforce quality of life issues.
FISCAL IMPACT
There is no measurable fiscal impact associated with the recommended action. Adding new enforcement tools will likely reduce the number of calls for service and increase officer productivity. In addition, administrative fines may be collected in connection to the ordinance, which would partially offset the costs of responding to these calls.
ATTACHMENTS
1.Ordinance
Item Title: 12.3
First Reading and Introduction of an Ordinance Establishing Regulations for Unruly and Loud Conduct Item Page Number: 2
Menifee Mayor and City Council
July 17, 2024
Page
1022 of 1032
1 4
8 1
8 9
ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ADDING CHAPTER 11.07 TO TITLE 11 OF THE MENIFEE
MUNICIPAL CODE ESTABLISHING REGULATIONS FOR UNRULY OR
LOUD CONDUCT
WHEREAS, the City of Menifee desires the citizens of Menifee to be able to peaceably enjoy their residences, schools, businesses, and public places without the intrusion of unruly or loud conduct; and
WHEREAS, the City Council of the City of Menifee has determined that this Ordinance prohibiting behavior that constitutes a threat to public peace, morals, safety and noise is in the best interests of the citizens of Menifee and is important to the overall quality of life in the City of Menifee; and
WHEREAS, the City Council of the City of Menifee desires to add Chapter 11.07 within Title 11 of the Menifee Municipal Code, establishing regulations prohibiting unruly or loud conduct; and
WHEREAS, the core purpose of this Ordinance is to minimize the unnecessary burden to police resources caused by public disturbance calls, particularly when multiple calls emanate from the same address; to that end, the City Council expects and directs that, except in unusual circumstances, this Ordinance will be administered through escalating administrative citation penalties beginning with a warning and progressing to citations with fees set by City Council resolution, which currently provides – in City Council Resolution 09-100 – for escalating fines of $100 for the first citation, $200 for the second citation; and $500 for the third and subsequent citations; and WHEREAS, on July 17, 2024, the City Council held a duly noticed public meeting at which time members of the public had the opportunity to review the documents presented to the City Council and provide oral comments to the City Council concerning this Ordinance.
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1. Menifee Municipal Code Chapter 11.07 is hereby added to Title 11 (Peach, Morals, and Safety) as set forth in Exhibit A, attached hereto and incorporated herein in full.
Section 2.Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
Section 3.Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every section, subsection, sentence, Item Title: 12.3
First Reading and Introduction of an Ordinance Establishing Regulations for Unruly and Loud Conduct Item Page Number: 1
Menifee Mayor and City Council
July 17, 2024
Page
1023 of 1032
2 4
8 1
8 9
clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 4.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).
This Ordinance was introduced and read on the 17th day of July 2024, and PASSED, APPROVED, AND ADOPTED, this __ day of ___________, 2024.
Bill Zimmerman, Mayor
ATTEST:
Stephanie Roseen, Acting City Clerk
Approved as to form:
Jeffrey T. Melching, City Attorney
Item Title: 12.3
First Reading and Introduction of an Ordinance Establishing Regulations for Unruly and Loud Conduct Item Page Number: 2
Menifee Mayor and City Council
July 17, 2024
Page
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3 4
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8 9
EXHIBIT A
TITLE 11: PEACE, MORALS, AND SAFETY
CHAPTER 11.07 - UNRULY OR LOUD CONDUCT
Sections:
11.07.010 - Definitions
11.07.020 - Unruly or Loud Conduct
11.07.030 – Violations and Enforcement
11.07.040 - Public Nuisance Declared
11.07.050 - City Manager Administrative Authority
§ 11.07.010 - DEFINITIONS.
For purposes of this chapter, the following shall apply.
JUVENILE. Any person less than 18 years of age.
MINOR or UNDERAGE PERSON. Any person less than 21 years of age.
PARENT or LEGAL GUARDIAN. A person who is a natural parent, adoptive parent, foster parent, or step-parent of another person, or a person who, under court order, is the guardian of another person, or a public or private agency with which a juvenile has been placed by the court.
PARTY, GATHERING or EVENT. A group of two or more persons who have assembled or are assembling for a social occasion or social activity at a residence or on other private property or public property rented for a private purposes; provided, however, that this chapter shall not apply to parties, gatherings, or events where religious services and/or activities protected by Article 1, § 45, of the California Constitution occur.
PERSON RESPONSIBLE or HOST. Includes, but is not limited to:
(1) A person who owns, rents, leases, licenses, or otherwise has control of the property where the party, gathering, or event occurs;
(2) A person in charge of the property, during a party, gathering, or event; (3) A person who organized and/or planned a party, gathering, or event; (4) A person who supervised a party, gathering, or event; and/or (5) The parent or legal guardian of a juvenile that otherwise qualifies as a person responsible or host under any paragraph “(1)” through “(4)” inclusive.
UNRULY or LOUD CONDUCT. The obstruction of streets by crowds or vehicles; public drunkenness; public urination; public defecation; service to, possession of, or consumption of alcoholic beverages by an underage person(s); assaults; batteries; vandalism; littering; Item Title: 12.3
First Reading and Introduction of an Ordinance Establishing Regulations for Unruly and Loud Conduct Item Page Number: 3
Menifee Mayor and City Council
July 17, 2024
Page
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4 4
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8 9
disturbances of the peace (including without limitation as a result of loud noise associated with a party, gathering, or event); conduct that constitutes a threat to public health, safety, or welfare; or a disturbance of the quiet enjoyment of property.
§ 11.07.020 - PROHIBITION OF UNRULY OR LOUD CONDUCT.
(A) It is unlawful and a public nuisance to engage in unruly or loud conduct (B) It is unlawful and a public nuisance for a person responsible or host to cause or allow a party, gathering, or event at which people engage in unruly or loud conduct. § 11.07.030 – VIOLATIONS AND ENFORCEMENT.
(A) Misdemeanor. Any person who violates §§ 11.07.020 of this chapter shall be guilty of a misdemeanor as provided in Chapter 1.01 the Menifee Municipal Code. (B) Administrative citations. Any person who violates § 11.07.020 of this chapter shall be guilty of violating the City of Menifee Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.03 the Menifee Municipal Code.
(C)Non-exclusivity. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter. §11.07.040 - PUBLIC NUISANCE DECLARED.
Unruly or loud conduct that violates this chapter is declared to be a public nuisance, and the city is authorized to abate the nuisance as authorized by law. §11.07.050 - CITY MANAGER ADMINISTRATIVE AUTHORITY.
The City Manager or his/her designee may develop and adopt administrative regulations that are consistent with the terms and prohibitions of this chapter. This shall include all policies and procedures for the abatement of unruly or loud conduct while meeting procedural safeguards required by city, state or federal law.
Item Title: 12.3
First Reading and Introduction of an Ordinance Establishing Regulations for Unruly and Loud Conduct Item Page Number: 4
Menifee Mayor and City Council
July 17, 2024
Page
1026 of 1032
CITY OF MENIFEE
SUBJECT: First Reading and Introduction of an Ordinance Establishing Regulations Governing the Possession of Catalytic
Converters
MEETING DATE: July 17, 2024
TO: Mayor and City Council
PREPARED BY: Chris Karrer, Police Chief
REVIEWED BY: Chris Karrer, Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Introduce an ordinance establishing regulations governing the possession of catalytic converters and adding Chapter 11.55, Unlawful Possession of Catalytic Converters, to Title 11 of the Menifee Municipal Code.
DISCUSSION
The Menifee Police Department finds that theft of catalytic converters has been a continuing problem in the City of Menifee and Riverside County in recent years. In the City, dozens of reports of catalytic converter thefts occur annually impacting our community members. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium, and platinum, 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.
Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. This proposed ordinance is necessary to provide the City a means to protect the public, deter this criminal activity, and promote a more productive use of City of Menifee resources.
The purpose and intent of this proposed ordinance is to curb the theft of catalytic converters throughout the City and to provide the City with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts.
Item Title: 12.4
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
Governing
the
Possession
of
Catalytic
Converters
Item Page Number: 1
Menifee Mayor and City Council
July 17, 2024
Page
1027 of 1032
City of Menifee Staff Report
Unlawful Possession of Catalytic Converters
July 17, 2024
2 0
7 1
While there have been legislative attempts in Sacramento to crack down on catalytic converter thefts, local agencies in California, and especially Riverside County, have begun to pass similar ordinances to assist law enforcement in holding individuals accountable for their crimes. Similar to the County of Riverside’s recently adopted ordinance related to catalytic converter thefts, the City’s proposed ordinance establishes that it is unlawful for any person to possess any catalytic converter which is not attached to a vehicle unless the person has verifiable, valid proof of ownership of the catalytic converter.
Violators would be subject to administrative fines consistent with our current fee structure or charged with a misdemeanor crime upon a second offense of having multiple catalytic converters without proof of ownership. Unlawful possession can be inferred based on the quantity of detached catalytic converters in one's possession and/or the condition of the dismantled catalytic converters. This includes, but is not limited to, how the catalytic converters have been detached or cut from vehicles.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. Any potential revenue collected from fines related to the new ordinance would be deposited and reported in the respective fiscal year.
ATTACHMENTS
1. Ordinance
Item Title: 12.4
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
Governing
the
Possession
of
Catalytic
Converters
Item Page Number: 2
Menifee Mayor and City Council
July 17, 2024
Page
1028 of 1032
1 ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, ESTABLISHING
REGULATIONS GOVERNING THE POSSESSION OF CATALYTIC CONVERTERS, AND ADDING CHAPTER 11.55 TO TITLE 11 OF THE MENIFEE MUNICIPAL CODE WHEREAS, the City of Menifee seeks to protect the public health, safety, and welfare of all residents, visitors, employees, and business owners; and WHEREAS, the City of Menifee, like many cities across the United States, has experienced an increase of catalytic converter thefts violating state and local law; and WHEREAS, the Menifee Police Department has worked diligently to educate the public and deter criminal activity of this kind.
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:
Section 1.Findings and Purpose.
(A) The City Council finds that theft of catalytic converters has been an increasing problem in Menifee in recent years. In the City, dozens of reports of catalytic converter thefts occur annually impacting many victims. 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. (B) Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. This ordinance is necessary to provide the City a means to protect the public, deter this criminal activity, and promote a more productive use of City of Menifee resources.
(C) 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.
(D) The purpose and intent of this Ordinance is to curb the theft of catalytic converters throughout the City and to provide the City with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts.
Section 2. Menifee Municipal Code Chapter 11.55 is hereby added to Title 11 (Peace, Morals, and Safety) as set forth in Exhibit A, attached hereto and incorporated herein in full.
Section 3.Non-exclusive Remedies and Penalties. All remedies and penalties for violations of the prohibitions in this Ordinance shall be cumulative and not exclusive. Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by other ordinance or law.
Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of correcting, removing, or abating a violation, nor prevent the enforced correction, removal, or abatement thereof.
Section 4. Severability. The provisions of this Ordinance are separate and severable. If any provision of this Ordinance is for any reason held by a court to be unconstitutional or invalid, the City Item Title: 12.4
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
Governing
the
Possession
of
Catalytic
Converters
Item Page Number: 1
Menifee Mayor and City Council
July 17, 2024
Page
1029 of 1032
2 Council declares that it would have passed this Ordinance irrespective of the invalidity of the provision held to be unconstitutional or invalid. Such unconstitutionality or invalidity shall therefore not affect the remaining provisions of this Ordinance, or the validity of its application to other persons or circumstances.
Section 5.Effective Date. This ordinance shall take effect 30 days from the date of its adoption.
Section 6.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).
This Ordinance was introduced and read on the 17 day of July, 2024 and APPROVED AND ADOPTED this 7 of August, 2024.
___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 12.4
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
Governing
the
Possession
of
Catalytic
Converters
Item Page Number: 2
Menifee Mayor and City Council
July 17, 2024
Page
1030 of 1032
3 Exhibit A
TITLE 11: PEACE, MORALS AND SAFETY
Chapter 11.55 - Unlawful Possession of Catalytic Converters Section:
11.55.010 - Definitions
11.55.020 - Unlawful possession of a catalytic converter
11.55.030 - Violations and enforcement
11.55.010 - DEFINITIONS.
As used in this chapter, the following terms shall have the following meanings:
“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, and shall also mean ‘catalytic converter’ as that term is used in California Vehicle Code Section 10852.5.
“Documentation or other proof” means written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents:
1. Signed bill of sale from the original owner authorizing removal of the catalytic converter, including the vehicle owner’s name, address, and telephone number.
2. Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop or similar business.
3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
4. Photographs of the vehicle from which the catalytic converter originated clearly showing the vehicle’s license plate number and vehicle identification number.
5. Vehicle registration associated with the catalytic converter together with photographs showing an etched associated license plate number or vehicle identification number or driver’s license number of registered vehicle owner claimed to have conveyed the catalytic converter to the person now in possession.
“Lawful possession” means (1) being the lawful owner of the catalytic converter or (2) being in possession of the catalytic converter with the lawful owner’s verifiable written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a lawful possession. “Enforcement officer” means a sworn officer of the police department, sworn federal task force officer, building official, code enforcement official, city attorney, or district attorney, and their designees.
Item Title: 12.4
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
Governing
the
Possession
of
Catalytic
Converters
Item Page Number: 3
Menifee Mayor and City Council
July 17, 2024
Page
1031 of 1032
4 11.55.020 - UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER. (A) Barring any provision of state law permitting the same, it is unlawful for any person to possess any catalytic converter which is not properly installed in a vehicle unless the person has a documentation or other proof verifying they are in lawful possession of the catalytic converter. (B) This section does not apply to a detached catalytic converter, otherwise lawfully possessed, that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with (i) the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act; or (ii) or applicable regulations of the California Air Resources Board, as they may be amended from time to time. (C) It is unlawful for any person to knowingly falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.
(D) Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one’s possession and/or by the condition of the dismantled catalytic converter(s), including, but not limited to, the manner a catalytic converter has been detached or cut from a vehicle.
11.55.30 - VIOLATIONS AND ENFORCEMENT.
(A) Misdemeanor Penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a term not exceeding one year, or by both.
Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars and by imprisonment in the county jail for one year. (B) State Penalties Apply. Nothing in this chapter shall be intended to limit any of the penalties provided for under California law, including, but not limited to, the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters. (C) Administrative Civil Penalty. In addition to any other penalties provided by law, whenever an enforcement officer determines a violation of this chapter has occurred, the enforcement officer shall have the authority to issue an administrative citation with an administrative civil penalty to any person responsible for the violation, in accordance with and subject to the provisions of chapter 1.03 of this code.”
Item Title: 12.4
First
Reading
and
Introduction
of
an
Ordinance
Establishing
Regulations
Governing
the
Possession
of
Catalytic
Converters
Item Page Number: 4
Menifee Mayor and City Council
July 17, 2024
Page
1032 of 1032