Bill,

This is good news, but I think that someone needs to inform the police department because my conversation with the police dispatcher (that I mentioned in my email) suggested that she was unaware of this ordinance. She said that all their personnel due is tell the thiefs to move on.

Mike

• Original Message ----- From: William L. McClure To: Michael Lambert ; John Boyle Cc: city.council@menlopark.org Sent: Thursday, July 10, 2008 10:34 PM Subject: RE: Curbside recycling theft

  Please be advised that the City of Menlo Park does in fact have an ordinance (7.04.080) regulating who can collect/take recyclable materials in front of residential properties that provides in part as follows-    

  "The city, its duly authorized agent, or a person expressly authorized by the owner or occupant of the residential property, shall have the exclusive right to collect such recyclable materials. It is unlawful and an infraction for any person, except as otherwise provided herein to collect the recyclable materials from the residential sites and posted city recycling depots within the city."    

  This ordinance was enacted for the exact reasons indicated in the below email and was set up as an infraction to keep this in front of the Commissioner without having to be prosecuted by the DA's office. The MPPD is authorized and empowered to enforce this ordinance and cite violators.    

  Bill McClure, City Attorney    

  From: Michael Lambert [mailto:mlambert498@sbcglobal.net]   Sent: Friday, June 27, 2008 10:00 AM
  To: John Boyle
  Cc: city.council@menlopark.org
  Subject: Curbside recycling theft    

  John,    

  I bring this issue to you attention as a member of the Menlo Park City Council.    

  Last night after I my garbage, green waste and recycling was moved to the curbside I noticed someone rummaging through the recycling. This individual was taking all the aluminum cans. I confronted him and told him to return the cans. He did so then moved down the street, San Mateo Drive. Thinking that there was an ordinance that criminalized this kind of behavior, I called the MP Police and made a report. The dispatcher said that they would send personnel and assumed this was the end of the issue. Later that evening (after dark) I returned to the curb and found that the individual must have returned because all of the aluminum cans, which had been replaced, were now gone.    

  Later when my wife returned I recounted the evening's event and her reaction gave me a different perspective. Her concern was not for the material that was taken, but was a concern over neighborhood safety and possibly having these individuals in our backyard (as commodity prices continue to increase). My sensitivity to these kind of thefts has increased this last year as a result of a project that I am working on in San Leandro (the conversion of a dormant Kelloggs factory) and the weekly thefts of copper electrical components (totaling $80K or better).    

  I called Chad Wilson, general manager at Allied Waste, and had a lengthy discussion. He is well aware of the problem and said that their return on recycling has an impact on customer rates, greater theft, higher rates. I asked him if procedures could be modified on recycling pick-ups so that it would not be necessary to put recycling at curbside the evening before pick-up (perhaps a later pick-up schedule). He seemed interested and said that he would bring the matter to the attention of management. He added that many communities do not have ordinances that make the unauthorized removal or theft of recycling a crime. In a brief call to the police dispatcher this morning I found out the Menlo Park is one of those communities. The dispatcher added that she believed that this was because the San Mateo County District Attorney did not want to prosecute for recycling theft.    

  I think that something needs to be done to make it more difficult to steal recycling (AW pick-up procedures), or some penalty or fine for those caught taking this material.    

  I think that you are aware of my aversion to needless municipal ordinances, but this is an issue that I think needs to be looked at not just because of the theft issue (and economic impact on AW rates) but because it brings a element into the neighborhood that does not belong there.    

  Mike Lambert         Received on Wed Jul 16 11:06:50 2008