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Reso 1995-574r RESOLUTION NO. cl5 .S 7 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, COUNTY OF ORANGE, CALIFORNIA, URGING THE CITY OF COSTA MESA TO TAKE ALL APPROPRIATE STEPS TO PROSECUTE ITS ANTI- SCAVENGING ORDINANCE WHEREAS, the California Supreme Court in Waste Management of the Desert v. Palm Springs Recycling (1994) 7 Cal. 4th 478, has reaffirmed that local agencies and their licensed franchisees have the exclusive right to discarded solid waste, including valuable recyclable goods, once that solid waste has been put out for collection; and WHEREAS, the City has been mandated by the State to reduce its waste stream and to recycle 50% of its previous waste stream by the year 2000; and WHEREAS, the value of recyclable goods is used by the District's authorized solid waste contractors to offset the costs of collections and processing thereby lowering the resident's charges for these services; and WHEREAS, the value of recyclable goods has increased dramatically recently making scavenging lucrative to unauthorized persons who are stealing and committing a crime by taking such discarded materials once put out for collection; and WHEREAS, certain scavengers in the County have been reported to be well organized competing business enterprises and drive pick up trucks and other vehicles that have ben modified to accommodate such recyclable materials and make their runs just ahead of the authorized trash collector; and WHEREAS, persons posing as scavengers have utilized the activity of scavenging for other criminal purposes such as "casing" property for theft crimes and obtaining credit card and other personal financial data from billing statements and other discarded materials; and WHEREAS, scavenging through trash receptacles is a violation of privacy; and WHEREAS, scavenging also is contrary to good health and sanitation practices and often leaves the surrounding area strewn with litter and garbage. NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby RESOLVE and DETERMINE as follows: 1. To urge the City Council of the City of Costa Mesa to direct that the City's anti - scavenging efforts be coordinated into an effective program designed to stop illegal scavenging. 2. To urge the City to prosecute illegal scavenging as a misdemeanor and to seek significant penalties and probation so that small fines do not become simply a "cost of doing business" for the illegal scavenger business enterprise. 3. To make the Sanitary District a partner in these anti- scavenging efforts. PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at a regular meeting thereof held on the yt. day of Ju.�.�, 1995. ATTEST: Secretary President 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, FLORINE T. REICHLE, Clerk of the Cost Mesa Sanitary District, hereby certify that the above and foregoing Resolution No. ys'- .s -7�/'was duly and regularly passed and adopted by the said Board of Directors at a regular meeting thereof, held on the 8 tz day of, 1995. Clerk of the District Costa Mesa Sanitary District