SR 05-24-2023 10A
City Council
Report
City Council Meeting: May 24, 2023
Agenda Item: 10.A
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To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Introduction and First Reading of an Ordinance Adding Santa Monica
Municipal Code Section 4.08.830 to Prohibit Unlawful Possession of Catalytic
Converters
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the proposed ordinance is not a project for purposes of the
California Environmental Quality Act (“CEQA”), or, if considered a project, it is
categorically exempt under Section 15061(b)(3) (Common Sense Exemption) of
the CEQA Guidelines.
2. Introduce for first reading an ordinance adding Section 4.08.830 to the Santa
Monica Municipal Code establishing regulations prohibiting the unlawful
possession of catalytic converters within the City of Santa Monica.
Executive Summary
Over the last several years, the theft of catalytic converters has increased significantly
in the City of Santa Monica, the State of California, and nationwide. To combat the theft,
transportation, and recycling of illegally obtained catalytic converters in the City of Santa
Monica, the Santa Monica Police Department, in conjunction with the Santa Monica City
Attorney’s Office, seeks to introduce an ordinance that will make it unlawful to possess
a catalytic converter that is not attached to a vehicle unless the possessor has valid
documentation or other proof of lawful possession.
Discussion
Over the last three years, the frequency of catalytic converter thefts has been a
concerning issue in Santa Monica and around the na tion. Since 2020, reported catalytic
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converter thefts have increased. In Santa Monica, a total of 214 catalytic converter
thefts were reported in 2020, 281 in 2021, and 312 in 2022. As of April 2023, there were
151 reported thefts, resulting in an average of 50 incidents per month, trending higher
than previous years.
The rise in catalytic converter thefts can be attributed to the increase in value of
precious metals. Catalytic converters contain metals such as platinum, palladium, and
rhodium, which make catalytic converters an attractive target for criminal offenders. A
catalytic converter is easily removed from a vehicle with the use of a reciprocating saw,
which does not require sophistication on the part of offenders. Once a catalytic
converter is removed, offenders transport it to a scrap metal dealer and sell it for cash.
The scrap metal dealer then extracts the precious metals for a high profit. Catalytic
converter thefts are challenging for law enforcement agencies to investigate due to the
lack of serial numbers or other identifying markers on or within each unit.
Currently, under California law, a police officer who encounters an individual in
possession of a catalytic converter under suspicious circumstances must locate the
rightful owner before making an arrest for theft or possession of stolen property. If the
officer is unable to locate the rightful owner, the person in possession of the catalytic
converter may be released absent additional evidence of criminal activity.
There is currently no City, State, or Federal legislation applicable within the City of
Santa Monica to define and punish catalytic converter thefts absent an identifiable
victim, which is a challenge for law enforcement in enforcing catalytic converter thefts.
Additionally, there is currently no City, State, or Federal legislation applicable within the
City of Santa Monica to define and punish the recycling or sale of unlawfully obtained
catalytic converters, thereby enabling this criminal enterprise.
Furthermore, there is currently no City, State, or Federal legislation applicable within the
City of Santa Monica requiring individuals to provide proof to law enforcement as to how
they obtained catalytic converters, therefore limiting law enforcement’s ability to protect
the public by preventing catalytic converter thefts and preventing law enforcement from
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seizing suspected stolen catalytic converters when no victim is present. Due to the lack
of legislation defining and prosecuting these thefts, 99% of all catalytic converter theft
cases in the City of Santa Monica have gone unsolved.
This proposed Catalytic Converter Ordinance would support the Santa Monica Police
Department in investigating these crimes through: (1) deterrence by establishing zero-
tolerance for catalytic converter thefts, (2) sanctions for possessing stolen catalytic
converters, (3) preventing offenders from profiting from the sale and recycling of stolen
catalytic converters, (4) providing indirect justice to the victims of catalytic converters
whose cases will go unsolved, (5) reducing Part I crime statistics which have been
negatively impacted by catalytic converter thefts, and (6) minimizing the fiscal and
personnel impact on the City of Santa Monica invested in deterring and investigating
catalytic converter thefts.
This ordinance would provide the Santa Monica Police Department with clearly
established legal authority to deter this criminal activity and, over time, reduce the
number of catalytic converter thefts within the City.
Environmental Review
The proposed ordinance is not a project for purposes of the California Environmental
Quality Act (“CEQA”). If considered a project, it is categorically exempt from the
provisions of the CEQA pursuant to Section 15061(b)(3) of the State Implementation
Guidelines (common sense exemption). Based on the evidence in the record, it can be
seen with certainty that there is no possibility that the proposed ordinance regarding
lawful possession of a catalytic converter may have a significant effect on the
environment. Therefore, no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary.
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Prepared By: Belen Sahagun, Executive Administrative Assistant
Approved
Forwarded to Council
Attachments:
A. Catalytic Converter Ordinance - Attachment A
B. Catalytic Converter Thefts by Year & Month - Attachment B
C. Written Comments
D. PowerPoint Presentation
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1
City Council Meeting:____________ Santa Monica, California
ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SANTA MONICA MUNICIPAL CODE SECTION 4.08.830 AND
ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF
CATALYTIC CONVERTERS WITHIN THE CITY OF SANTA MONICA
WHEREAS, the theft of catalytic converters has been an increasing problem within
the City of Santa Monica in recent years; and
WHEREAS, catalytic converters contain expensive precious metals including
platinum, palladium, and rhodium; and
WHEREAS, the average cost of replacing a stolen catalytic converter and repairing
the damage to the vehicle is typically more than $2,000 to the victim; and
WHEREAS, since 2020, over 646 catalytic converter thefts have occurred in the
City of Santa Monica, and catalytic converter thefts are increasing every year, with an
average of approximately 50 incidents per month; and
WHEREAS, catalytic converter thefts are on the rise because individuals are
incentivized to commit catalytic converter thefts for multiple reasons including, but not
limited to: (1) the ease and undetectable nature of committing these thefts using relatively
common tools; (2) the ability to recycle catalytic converters at scrap metal yards for high
dollar returns; and (3) the challenges with prosecuting criminals for catalytic converter
theft where a victim cannot be identified; and
10.A.a
Packet Pg. 24 Attachment: Catalytic Converter Ordinance - Attachment A (5742 : Catalytic Converter Ordinance)
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WHEREAS, individuals who are in possession of stolen catalytic converters
recycle them for substantial profit while victims of these thefts suffer the tremendous
consequence of paying thousands of dollars in repairs, the inconvenience of repairing
their vehicles, and the feeling of being unsafe in the community; and
WHEREAS, finding a victim of these crimes is difficult due to the relatively
undetectable nature of the catalytic converter thefts and the difficulty in tracing catalytic
converters back to a particular victim; and
WHEREAS, there are no City, State, or Federal legislation applicable within the
City requiring individuals to provide proof to law enforcement as to how they obtained
catalytic converters, thus limiting law enforcement’s ability to protect the public by
deterring catalytic converter thefts; and
WHEREAS, the proposed ordinance seeks to: (1) deter criminal activity by
establishing regulations addressing catalytic converter thefts; (2) sanction individuals in
unlawful possession of stolen catalytic converters; (3) prevent criminals from profiting
from the sale and recycling of stolen catalytic converters; (4) provide justice to the victims
of catalytic converters; (5) reduce crime; and (6) minimize the impact on the City of Santa
Monica;
WHEREAS, this Ordinance is necessary to provide the Santa Monica Police
Department a means to protect the public, deter this criminal activity and promote a more
productive use of resources by staff responsible for investigating catalytic converter
thefts; and
//
//
10.A.a
Packet Pg. 25 Attachment: Catalytic Converter Ordinance - Attachment A (5742 : Catalytic Converter Ordinance)
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.08.830 is hereby
added to read as follows:
4.08.830 Unlawful Possession of a Catalytic Converter
(a) It shall be unlawful for any person to possess any catalytic converter that is
not attached to a vehicle unless the possessor has valid documentation or other proof to
verify they are in lawful possession of the catalytic converter.
(b) As used in this Section, the following items shall have the following
meanings:
(1) “Lawful possession” includes being the lawful owner of the catalytic
converter or in possession of the catalytic converter with the lawful owner’s written
consent. It is not required to prove the catalytic converter was stolen to establish
the possession is not a “lawful possession.”
(2) “Documentation or other proof” means written document(s) that
clearly identify the vehicle from which the catalytic converter originated and
includes, but is not limited to, the following document types: bill of sale from the
original owner with photographs, documentation from an auto-body shop proving
the owner relinquished the catalytic converter to the auto-body shop, or vehicle
registration associated with the catalytic converter containing an etched
associated license plate number or vehicle identification number. The validity of
“documentation or other proof” is based on the totality of the circumstances.
10.A.a
Packet Pg. 26 Attachment: Catalytic Converter Ordinance - Attachment A (5742 : Catalytic Converter Ordinance)
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(c) Each violation of this Section shall constitute a separate violation and shall
be subject to all remedies and enforcement measures authorized in the Santa Monica
Municipal Code.
(d) Any person violating this Section shall be guilty of a misdemeanor, which
shall be punishable by a fine not exceeding five hundred dollars per violation, or by
imprisonment for a period not exceeding six months, or by such fine and imprisonment.
The remedies provided in this subsection are not exclusive, and nothing in this subsection
shall preclude the use or application of any other remedies, penalties, or procedures
established by law.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, 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. The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the same to be published once in the official
10.A.a
Packet Pg. 27 Attachment: Catalytic Converter Ordinance - Attachment A (5742 : Catalytic Converter Ordinance)
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newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_______________________
DOUGLAS SLOAN
City Attorney
10.A.a
Packet Pg. 28 Attachment: Catalytic Converter Ordinance - Attachment A (5742 : Catalytic Converter Ordinance)
10.A.b
Packet Pg. 29 Attachment: Catalytic Converter Thefts by Year & Month - Attachment B (5742 : Catalytic Converter Ordinance)
1
Xavier Mota
From:service bvainc.net <service@bvainc.net>
Sent:Wednesday, May 24, 2023 11:48 AM
To:councilmtgitems
Cc:Gleam Davis; Attorney Mailbox; Community Affairs
Subject:Public Comment - Catalytic Converter Theft, City Council Action
EXTERNAL
Honorable Mayor Davis and Council members:
My name is Lee Chesnin. I am a former auto shop owner in Santa Monica and am current state president of the Auto
Service Council of California (ASCCA) as well as a member of the West Los Angeles region board of directors of ASCCA. If
you are not familiar with ASCCA we are a grass roots association of California independent auto shops formed with the
purpose to elevate and unite the repair industry.
I read in the Santa Monica Daily Press that the City is working on legislation to address the serious issue of catalytic
converter theft, and that there will be some discussion tonight. I appreciate the City taking action in this matter, as it is a
significant problem and something needs to be done. This has been a major concern to the independent repair industry
as well, and ASCCA has been providing input to the many state legislators who are also working on solutions. I believe
that our industry can make a positive contribution to your efforts, and help make the result more practical and effective.
Unfortunately, I am out of town today and cannot attend the Council meeting in person. I would appreciate the
opportunity for representatives of ASCCA to engage with law enforcement and city attorney staff to provide input
towards the end legislation.
I thank you again for your recognition of the catalytic theft problem, and your work towards a solution. I look forward to
supporting that work.
Lee Chesnin
2023 President, ASCCA
service@bvainc.net
(310)895‐4014
ITEM 10.A.
May 24, 2023
ITEM 10.A.
May 24, 2023
10.A.c
Packet Pg. 30 Attachment: Written Comments [Revision 1] (5742 : Catalytic Converter Ordinance)
2016-2023 (YTD)
10.A.d
Packet Pg. 31 Attachment: PowerPoint Presentation (5742 : Catalytic Converter Ordinance)
2020-2023 (YTD) only
10.A.d
Packet Pg. 32 Attachment: PowerPoint Presentation (5742 : Catalytic Converter Ordinance)
Incident Count per month
2016-2023 (YTD)
10.A.d
Packet Pg. 33 Attachment: PowerPoint Presentation (5742 : Catalytic Converter Ordinance)