Loading...
SR 05-24-2023 10A City Council Report City Council Meeting: May 24, 2023 Agenda Item: 10.A 1 of 4 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 10.A Packet Pg. 20 2 of 4 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 10.A Packet Pg. 21 3 of 4 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. 10.A Packet Pg. 22 4 of 4 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 10.A Packet Pg. 23 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) 2 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) 3 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) 4 (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) 5 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)