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 nation. Since 2020, reported catalytic 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 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 zerotolerance 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. 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