by the Board to the credit of the Group.
2. Be responsible upon his bond for the safe-keeping and disbursement of all Group money so held by him.
3. Pay, when due, out of money of the Group so held by him all sums payable by the Group.
4. Verify and report in writing on the first day of July, October, January, and April of each year to the Board
and to the parties to this agreement the amount of money he holds for the Group, the amount of receipts since his last report, and the amount paid out since his last report.
V LOSS RECORDS
The Board shall maintain or cause to be maintained accurate loss records for all risks insured against, and all claims paid. Loss reports shall be forwarded to member agencies on, at least, a quarterly basis.
VI ADDITIONAL PARTIES
Any other public agency within the political jurisdiction of San Mateo County may become a party to this agreement upon execution of an agreement between such public agency and the Group, the terms of which agreement shall be identical to the terms of this agreement.
Any public agency desiring to join the Group shall submit a properly executed copy of the Joint Powers Agreement to the Board prior to March 1. A two-thirds vote of the Joint Powers Board shall be required for acceptance of such additional member. Such participation shall begin the following July l, unless the Board shall authorize another date.
-4-
Such additional public agencies shall forthwith pay to the Group its current contribution as determined by the Board. Thereafter, such additional party shall be considered a party to the agreement to the same extent as all of the original parties and for all purposes.
VII AMENDMENTS
Amendments to these Bylaws may be proposed by the designated representative of any member agency. The proposed amendment shall be referred to the Board for its consideration. A copy of the proposed amendment, with the Board's recommendations and reasons therefore shall be forwarded to each member agency. The Bylaws may then be amended by written agreement signed by all the parties to the Joint Powers Agreement. If twothirds of the parties to this agreement agree to an amendment, the other parties must also agree to said amendment, or they may be involuntarily terminated as parties to this agreement by using the procedure set forth in Section VIII of the Bylaws.
VI II INVOLUNTARY TERMINATION
Upon good cause being established, two-thirds of the Board shall vote for involuntary termination of a member agency.
Such involuntary termination shall be effective at the end of that fiscal year, unless the Board specifies otherwise.
IX ENFORCEMENT
The Board is hereby given authorfty to enforce· this agreement. If suit 1s necessary therefore, a defaulting member shall pay reasonable attorney fees to the Group as adjudicated by the Court.
-5-
X INVALIDITY
Should any portion, tenn, condition, or provision of this agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected thereby.
XI FINANCE
A. Each member agency shall pay to the Group each fiscal year the annual contribution calculated pursuant to Paragraphs Band C.
For the first six months of operation beginning January 1, 1979, the sums appearing in the schedule below will be paid on January 1, 1979. In subsequent years, partial payments shall be made in advance based on an estimated annual cost calculated by the Board. Said partial payments shall be made in the first year or partial fiscal year as follows: Fifty percent (50%) in July or the first month of operation; Twenty-five percent {25%) in December or the middle month of operation; Twenty-five percent (25%) in March or three-quarters through the partial fiscal year, as determined by the Board. Partial payments for subsequent years shall be made in July, December and March at a percentage to be determined by the Board.
-6- Page 200 of 232
--------~-, .. ,,,., ...... •••••••••--••••••••••••••••••••"••"•••••••••••••••~•'••••••••••••••••••••••••.'••••>•••••••••••••'"•'"~v•.•.-,•.•••••••• B. The member contribution schedule for the period of January 1, 1979 to June 30, 1979 shall be approximately*:
City Amount
Atherton $ 20,250
Brisbane 22,500
Foster City 60,000
Half Moon Bay 11,250
Hillsborough 30,000
The Joint Powers Authority shall have no responsibility to pay the State Fund premiums or other liabilities incurred by the member agencies before the effective date of the insurance under this agreement.
C. The yearly premium paid to the Joint Powers Authority by the member agency for the two years following the initial one-half year shall be based upon a percentage of the manual premium according to the applicable WCIRB rate as determined by the Board of the Joint Powers Authority. Thereafter each member agency's premium may be modified by decision of the Board according to the loss experience of each member defined by the WCIRB rating plan. This loss experience mechanism shall operate to ensure that each mem~er returns over a period of time to the Joint Powers Authority the funds paid out on its behalf as paid losses.
D. The Group shall operate on a fiscal year from July 1 to June 30. *To be adjusted according to actual payroll figures.
-7-
E. Handling Funds
The Group shall have the power, authority and duty to handle all aspects of Workers' Compensation claims against members arising out of facts occurring during membership in the Group.
F. Contributions
Without in any way limiting the powers otherwise provided for in this agreement or by statute, the Group shall have the power and authority to receive, accept, and utilize property, real or personal, from any member or its agents or representatives; to receive, hold, dispose of, to construct, operate and maintain buildings and other improvements; and to receive, accept, expend and disburse funds by contract or otherwise, for purposes consistent with the provisions of the Group, which funds may be provided by any member or their agents or representatives.
G. Additional Income
The Group shall accept and deposit monies from any of the following sources earned after the date of this agreement:
1. Interest Income
2, Refund of the Group's Excess Workers' Compensation
Insurance Premiums
3. Workers' Compensation Subrogation Recoveries
4. Payments by the State of California under State
Mandated Reimbursement for Workers• Compensation
Legislation
5. Grants from any Agency or Private Company (provided
that no conflict of interest is created)
-8- Page 202 of 232
-
---.... -....... -.. -................ · .... •.-.... , .... , .......... .
H. Debts
Should the projected expenses for a given year exceed the given assets of the pool for that year, each member shall be assessed by the Board an additional amount based upon the percentage of yearly premiums paid by each member relative to the total yearly premiums paid by all members.
I. Disposition of Property and Funds
In the event of the dissolution, complete rescission or other final termination of this agreement by all agencies then a party hereto, any property interest remaining in the Group following a discharge of all obligations, shall be returned to the current members.
J. Operating Fund
This fund shall be established and maintained out of the member contributions, and shall be for the purpose of paying for the following:
1. Insurance Premiums
2. Claims Management Expenses
3. Salaries of Administrators, if any
4. Safety Engineering
5. Data Processing Costs
6. Investigative Costs
7. Legal Costs
8. Miscellaneous
-9- Page 203 of 232
K. Claim Fund
This fund shall be established and maintained out of the member contributions, and shall be solely for the purpose of paying Workers' Compensation claims, except that the Board may authorize a transfer from this fund to the operating fund to cover unexpected expenses.
The Claim Fund shall be the repository of the •
11 reserves 11 to be
used for future Workers' Compensation payments, averaging up to eleven (ll) years.
L. The Group shall have authority to seek and recover subrogation monies wherever possible. Such monies shall be deposited in the Claim Fund.
XII LIABILITIY
Except as otherwise provided by individual contract, pursuant to the provisions of Section 895, et seq., of 'the Government Code of the State of California, each member of the Group shall be liable for its pro rata share of all debts and liabilities of the Group, and its pro rata share of all debts and liabilities for Workers' Compensation claims against members arising out of facts occurring while a member of the Group. To achieve such purpose, each member indemnifies and holds harmless the other members for any loss, cost or expense that may be imposed upon such member in excess of such pro rata liability. (The rules therefor, as set forth in Civil Code Section 2788 are hereby made a part of these Bylaws.)
-10- Page 204 of 232
XIII EFFECTIVE DATE
These Bylaws shall go into effect immediately upon the effective date of the Joint Powers Agreement.
XIV INVESTING OF RESERVES (Claim Fund)
The Board shall invest or cause to be invested such reserves as are not necessary for ilffllediate operation of the Claim Fund in such securities as are prudent and legal for public agencies.
The level of cash to be retained in the Operating and Claim Funds shall be determined by the Governing Board.
XV GLOSSARY
Unless the context otherwise requires, the terms used herein shall have the following meanings:
BOARD -- shall mean the governing board of the Group.
BROKER -- shall mean the broker engaged by the Board for the purpose of acquiring an insurance policy.
W.C.I.R.B. -- shall mean Workers' Compensation Insurance Rating Bureau.
CLAIM FUND -- shall mean the fund established for the purpose of paying the cost of the deductible portion of Workers' Compensation claims.
CLAIMS ADJUSTER -- shall mean the claims adjuster engaged by the Board for the purpose of determining losses and payments with respect to the Claim Fund.
CONTRIBUTION -- shall mean money paid by a member agency to the Group in return for the handling of Workers' Compensation claims.
EXPERIENCE MODIFICATION FACTOR·- shall mean a factor used in determining individual member contributions, derived from the claim activity of the member over the previous three years.
-11-
GROUP -- shall mean the San Mateo County Cities Insurance Group created by this agreement.
LOSS REPORTS -- shall mean a Report showing a member's Workers' Compensation claims in detail including current status.
MEMBER -- shall mean an individual member agency which belongs to the San Mateo County Cities Insurance Group.
OPERATING FUND -- shall mean the fund established by the Group for the purpose of paying insurance premiums and administrative and other costs.
RESERVES -- shall mean that part of the member's contribution held by the Group to make future Workers' Compensation payments.
SELF-INSURANCE (Permissively Uninsured) -- shall mean setting aside funds to pay for losses not covered by insurance.
-12- Page 206 of 232
Amendment to the Cities Group By-Laws as enacted by unanimous Vote of the Board of Directors at its duly noticed meeting On June 28, 2000
VIII A. Involuntary Termination
Upon the unanimous vote of all of the Board of Directors except the Director representing the member agency being terminated, a member agency may be involuntarily terminated. Upon the effective date of termination, the terminated member shall be subject to the following:
1. The terminated member shall assume full financial and administrative responsibilities for all pending and future claims against the Group or its programs which are in any way associated with the terminated member's past membership in the Group.
2. The terminated member's equity in the Group shall be reduced by all claim payments and other expenses as of the day termination becomes effective. If following the terminated member's assumption of all claim liabilities valued as of the effective day of termination the member's remaining equity is less than zero, the terminated member shall pay to the Group an amount sufficient to bring its total equity to zero. If the member's final equity is greater than zero, it shall be returned to the member in accordance with section 4. of the Joint Powers Agreement.
VIII B. Agreed Termination
Upon unanimous vote of the full Board of Directors, a member agency may be terminated by agreement. Such termination shall be conditioned upon the terminated member's duly authorized agreement to comply with the provisions of Sections VIII A. 1. and 2. hereof. In addition, the terminated member shall agree to indemnify, release from liability and hold harmless the Cities Group, its Directors, member agencies, officers, agents and their employees from liability for acts prior to the effective date of termination.
In the case of either involuntary or agreed termination, the effective date will be July 1 of each year unless the Board specifies otherwise.
Amendment to the Ci ties Group Bylaws enacted by V:ne,,J'J1n?&!:!§Ote of the Board of Directors at its duly noticed meeting on /l/w. <? / 2004.
1. Section III is amended, and shall henceforth provide:
Any City, Special District, or other public agency
located within the State of California is eligible
to apply for membership; said membership shall be
subject to the limitations contained in the Bylaws,
including Section VI.
2. The first paragraph of Section VI is amended, and shall henceforth provide:
Town
by:
Any other City, Special District, or public agency
within the State of California may become a party
to this agreement upon execution of an agreement
between such public agency and the Group, the terms
of which agreement shall be identical to the terms
of this agreement.
of Atherton
Wn~, Date:
0 Date:
I I ' I
Date:
Date:
I I
City of San Carlos
by, f2L Gwr, Date:
AGREEMENT ADDING ADDITIONAL PARTY TO
CITIES GROUP JOINT POWERS AGREEMENT
THIS AGREEMENT is entered into pursuant to the Cities Groq.p By-Laws Section VI.
By execution of this Agreement the City of Dublin shall, and hereby does, become a Party to that certain Joint Powers Agreement and By-Laws dated October 5, 1978 and Amended November 20, 1978, May 1, 1989, July 1, 1993 and June 30, 1997, and agrees to, and shall on and after January 1, 2005, be bound by all of the terms and conditions thereof.
Town of Atherton
By tjtrulildtf
City of Half Moon Bay
By clllw rYjxnv
Town of Hillsborough
By4fadl ~
City of San Carlos
By /{J,ri..., 8w ,k 1
/
~
City of Dublin
e;-,~c.~
l/ 1 y.-ocl Date _____ ..... f..-----
Date __ /_1_/2_t+-/_z_£_.v----'-·cj_._·
, l
Date~/~1-+-/~R-'---,)~(l'--L-+-{ __ I I I
Date _1_,_1/ __ 1(_o ____ y_· ----
Date ___ 1 .... 0 ...... /'-','--'e=----/....c..o_Y~--
Item No. 8
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: STEVE McCULLEY, CHIEF OF POLICE
DATE: OCTOBER 15, 2025
SUBJECT: DECLARE AS SURPLUS FOUR MARKED POLICE VEHICLES,
ONE UNMARKED CODE ENFORCMENT VEHICLE, FOUR
MARKED POLICE MOTORCYCLES, AND ONE SIGNBOARD
TRAILER. APPROVE THE DONATION OF TWO SURPLUS
MARKED PATROL VEHICLES TO THE SOUTH BAY REGIONAL
PUBLIC SAFETY TRAINING POLCE ACADEMY.
RECOMMENDATION
Staff recommends the Council take the following actions:
1. Declare one (1) 2017 Ford Taurus marked police vehicle as surplus and authorize its sale via auction.
2. Declare one (1) 2017 Ford Explorer marked police vehicle as surplus and authorize its sale via auction.
3. Declare two (2) 2018 Ford Explorer marked police vehicles as surplus and authorize their donation to the South Bay Regional Public Safety Training Police Academy for police recruit training purposes.
4. Declare one (1) 2013 BMW marked police motorcycle as surplus and authorize its sale via auction.
5. Declare two (2) 2019 BMW marked police motorcycles as surplus and authorize their sale via auction.
6. Declare one (1) 2015 Wanco signboard trailer as surplus and authorize its sale via auction.
7. Declare one (1) 2009 Toyota Camry unmarked Code Enforcement vehicle as surplus and authorize its sale via auction.
Police Department Fleet Vehicle/Equipment Surplus/Donation Staff Report October 15, 2025
BACKGROUND
The Atherton Police Department (APD) conducts regular assessments of its vehicle fleet to determine when vehicles should be replaced based on age, mileage, and operational wear. The Town maintains a vehicle replacement fund to ensure sufficient resources are available when vehicles reach the end of their useful life.
The vehicles and equipment listed in this report have been identified as no longer suitable for active police operations. Replacement vehicles have already been approved for purchase and are on order.
The Police Department further recommends donating two 2018 surplus Ford Explorer marked patrol vehicles to the South Bay Regional Public Safety Training Police Academy. These vehicles, though no longer viable for daily patrol use, remain safe and functional for controlled driver training and scenario-based instruction.
This donation supports regional law enforcement training, enhances officer safety through improved driving proficiency, and strengthens interagency partnerships — all at no additional cost to the Town. It also provides a meaningful public benefit by repurposing equipment with limited resale value.
ANALYSIS
Surplus Vehicles and Equipment
Vehicle VIN Mileage Disposition Justification
2017 Ford
Taurus (Marked
Police Vehicle)
1FAHP2MK1EG111733 101,134 Auction Exceeded useful
service life; not
cost-effective to
maintain.
2017 Ford
Explorer
(Marked Police
Vehicle)
— — Auction Exceeded useful
service life; replaced
with new patrol
vehicle.
2018 Ford
Explorer
(Marked Police
Vehicle)
1FM5K8AR4HGA89310 82,358 Donation Functional and safe
for training; limited
resale value.
2018 Ford
Explorer
(Marked Police
Vehicle)
1FM5K8ARXJGC74810 91,906 Donation Functional and safe
for training; limited
resale value.
2013 BMW R1200-P (Marked WB1044000DZW21796 60,371 Auction Exceeded service life; no longer costeffective to repair.
Police Department Fleet Vehicle/Equipment Surplus/Donation Staff Report October 15, 2025
Vehicle VIN Mileage Disposition Justification
Police
Motorcycle)
Police Department Fleet Vehicle/Equipment Surplus/Donation Staff Report October 15, 2025
Vehicle VIN Mileage Disposition Justification
2019 BMW R1250-RTP (Marked
Police Motorcycle)
WB10J6301KZG34206 76,590 Auction Exceeded service
life; replaced by
newer motorcycles.
2019 BMW R1250-RTP (Marked
Police Motorcycle)
WB10J6303KZG34204 53,000 Auction Exceeded service
life; replaced by
newer motorcycles.
2009 Toyota
Camry (Unmarked
Code Enforcement
Vehicle)
4T1BB46K29U103151 88,925 Auction Reached end of
service life;
operational wear
and age.
2015 Wanco
Signboard Trailer
5F12S1213F1001305 — Auction Aging equipment;
mechanical issues
and limited residual
value.
POLICY FOCUS
Consistent with Town policy, staff will utilize First Capitol Auction to dispose of the surplus vehicles and equipment through public auction.
The donation of two marked police vehicles to the South Bay Regional Public Safety Training Police Academy aligns with the Town’s values of regional collaboration and public service, providing tangible support to law enforcement training efforts throughout the Bay Area.
FISCAL IMPACT
Proceeds from the auction of surplus vehicles and equipment will be deposited into the Equipment Replacement Fund to offset the cost of future fleet purchases. The donation of two vehicles will not result in a financial loss, as their resale value is minimal and their donation serves a valuable public safety training purpose.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about this item is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders – to include, but be not limited to, media outlets, school districts, Menlo Park Fire District, service provides (water, power, and sewer), and regional elected officials.
Police Department Fleet Vehicle/Equipment Surplus/Donation Staff Report October 15, 2025
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item ____ has or __X__ has not been before a Town Committee or Commission. ____ Audit/Finance Committee (meets every other month)
____ Bicycle/Pedestrian Committee (meets as needed)
____ Environmental Programs Committee (meets every other month) ____ Park and Recreation Committee (meets each month)
____ Planning Commission (meets each month)
____ Rail Committee (meets every other month)
____ Transportation Committee (meets every other month)
ATTACHMENTS
None
Item No. 9
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
DATE: OCTOBER 15, 2025
SUBJECT: CONSIDERATION OF AN APPOINTMENT TO THE
ENVIRONMENTAL PROGRAMS COMMITTEE
RECOMMENDATION
Review one applicant for a vacancy on the Environmental Programs Committee (EPC). There are currently 2 vacant seats eligible for appointment. The term expiration dates are June 30, 2027 and June 30, 2029.
BACKGROUND
Staff conducts continuous recruitments for vacant seats on Town Committees. The EPC has had vacant seats since July 2024. The Council appointed Sophia Tang to a term expiring June 30, 2028, at the July Regular Meeting, leaving the committee with two (2) vacant seats. The committee has experienced challenges with hosting meetings due to a lack of a quorum.
The Council has one applicant for consideration that could fill a term of either June 30, 2027, or June 30, 2029. The candidate is Sriram Iyer, who applied on September 23, 2025.
Appointment Process
There is one applicant for two (2) vacant seats. It is recommended that the Council consider appointment to the Committee by making a motion for the applicant and the specific term and the City Clerk will conduct a roll call vote. If the candidate receives a majority vote the seat will be filled. If the candidate does not receive a majority vote the Council can direct staff to continue recruitment for the vacant seat.
FISCAL IMPACT
None
GOAL ALIGNMENT
EPC Appointment
OCTOBER 15, 2025
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal D - Be Forward Thinking
POLICY FOCUS
The Council is not obligated to appoint any of the candidates to any of the positions and may choose to extend the candidate recruitment process as it deems necessary. The Council reserves complete discretion in appointments.
Town Commissions and Committees represent a key component of civic engagement within the community. The participation of the members is a vital part of the Town’s public engagement and review process. These groups can gather public input on issues and provide feedback and recommendations to the City Council for consideration.
When evaluating applicants for Commissions and Committees, the City Council should consider the role of each committee, the amount of oversight needed, cost-effectiveness, efficiency in decision-making, and the desire of the City Council for direct policy involvement on particular issues.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
1. Committee Application
2. Committee and Commission Roster
NAME # OF FULL TERMS 1st APPOINTMENT CURRENT APPOINTMENT TERM EXPIRATIOON Samantha Michel Serving Mid-Term Appointment
6/18/2025
(Mid-Term Appointment) 6/18/2025 6/30/2027
Jerome Leugers Serving 2nd Full Term 6/19/2019
(Staggered 4-Year Term) 6/21/2023 6/30/2027
David Jones Serving 2nd Full Term 6/17/2020 6/19/2024 6/30/2028 Steve Seabolt Serving 1st Full Term 6/18/2025 6/18/2025 6/30/2029 Tom Owen Serving 2nd Full Term 6/17/2020 6/19/2024 6/30/2028 NAME # OF FULL TERMS 1st APPOINTMENT CURRENT APPOINTMENT TERM EXPIRATIOON VACANT 6/30/2027
VACANT 6/30/2029
Gregory Loew Serving 1st Full Term
6/16/2021
(Mid-Term Appointment) 6/21/2023 6/30/2027
Sophia Tang Serving Mid-Term Appointment
7/16/2025
(Mid-Term Appointment) 7/16/2025 6/30/2028
Kenneth Frederick Serving 1st Full Term 6/15/2022 6/15/2022 6/30/2026 NAME # OF FULL TERMS 1st APPOINTMENT CURRENT APPOINTMENT TERM EXPIRATIOON Don Keller Serving Mid-Term Appointment 9/17/2025
(Mid-Term Appointment) 9/17/2025 6/30/2026
Alex Keh Serving 2nd Full Term
6/19/20219
(Staggered 4-Year Term) 6/21/2023 6/30/2027
Julianna Robertson Serving 2nd Full Term 6/19/2019
(Staggered 4-Year Term) 6/21/2023 6/30/2027
Dorothy Hunter Serving 1st Full Term 6/19/2024 6/19/2024 6/30/2028 Robert Roeser Serving Mid-Term Appointment
10/19/2022
(Mid-Term Appointment)
(Reappointment After Hiatus - Initial
Appointment 2012)
10/19/2022 6/30/2026
Frank Merrill Serving 3rd Full 2-Year Term 6/20/2018 6/19/2024 6/30/2026 Walter Robinson Serving 3rd Full 2-Year Term 6/16/2021 6/18/2025 6/30/2027 NAME # OF FULL TERMS 1st APPOINTMENT CURRENT APPOINTMENT TERM EXPIRATIOON Jerome Leugers Serving Mid-Term Appointment
2/19/2025
(Mid-Term Appointment) 2/19/2025 6/30/2027
Sandy Levison Serving Mid-Term Appointment
8/20/2024
(Mid-Term Appointment) 8/20/2024 6/30/2028
Paul Tonelli Serving 1st Full Term
6/21/2023
(Reappointment After Hiatus - Initial
Appointment in 2014)
6/21/2023 6/30/2027
Bob Polito Serving 1st Full Term
3/15/2023
(Mid-Term Appointment) 6/18/2025 6/30/2029
VACANT
6/30/2026
Planning Commission
HPP Foundation Appointment
Transportation, Bicycle and Pedestrian Safety Committee Environmental Programs Committee
Park and Recreation Committee
1 CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR, CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: CHRISTABEL SORIA MENDOZA, MANAGEMENT ANALYST I
DATE: OCTOBER 15, 2025
SUBJECT: REVIEW AND APPROVE AMENDMENTS TO FRANCHISE
AGREEMENT WITH GREENWASTE RECOVERY REGARDING
ROLL-OFF BIN REQUIREMENTS FOR CONSTRUCTION &
DEMOLITION (C&D) PROJECTS; AND PROVIDE DIRECTION
REGARDING THE TOWN FRANCHISE FEE
RECOMMENDATION
Staff recommends that the Council review the proposed amendments to the franchise agreement regarding roll-off bin requirements for C&D projects and consider approval based on the Refuse and Recycling Committee’s recommendation. Additionally, the Committee recommends that the Council discuss possible amendments to the Town’s Franchise Fee currently set at 5%.
BACKGROUND
The Town of Atherton holds a Franchise Agreement with GreenWaste Recovery for the collection and processing of waste, mixed compostable materials, recyclable materials, and yard trimmings and bulky goods within the service area for residential and non-residential service recipients.
Under Section 3.1 of the Franchise Agreement (Attachment 1), GreenWaste will have the exclusive franchise to collect, transport, recycle, process, and dispose of all Construction and Demolition (C&D) debris within the Town beginning January 1, 2026.
In September 2020, the City Council approved the agreement establishing this exclusive service start date. As required by California Public Resources Code Section 49520, the Town issued a Five-Year Notice of Intent on December 1, 2020, to all current and past roll-off/debris box service providers operating in Atherton. The notice informed providers that they may continue operating in Atherton until January 1, 2026, but not thereafter. This notification ensured compliance with State law and provided existing providers with sufficient lead time to adjust operations ahead of the exclusive franchise transition.
As the January 1, 2026, effective date approaches, staff have begun reviewing operational, compliance, and outreach considerations related to the transition. This includes clarifying the scope of GreenWaste’s exclusivity, identifying lawful exceptions, and determining how those exceptions should be integrated into the Town’s Municipal Code and operating procedures.
The item was reviewed by the Refuse and Recycling Committee on August 19, 2025. City Manager Rodericks provided context and presented the additional exemptions, clarifying that the franchise exclusivity does not apply where materials are self-hauled in compliance with local code,
2 transported in company-owned dump trucks, or handled entirely within a trade-specific operation using owned containers. Committee members requested further clarification on proposed exception (Q) as part of education and outreach, emphasizing the need to ensure that roll-off bin usage is directly tied to service. Staff and GreenWaste committed to notifying haulers and residents through an educational handout.
The Committee discussed bin contamination and recommended constant education to encourage proper usage, noting that contaminated bins could result in fines to prevent repeat offenses. City Manager Rodericks concluded the discussion with general agreement to move the proposed amendment forward to the City Council for review.
ANALYSIS
The existing franchise agreement grants GreenWaste Recovery the exclusive right to collect C&D debris beginning January 1, 2026, but Section 3.2 outlines specific exceptions. These exceptions generally apply to waste streams that fall outside the definition of “Recyclable Materials” or “Construction and Demolition Debris” as used in the agreement, to materials handled by specialized service providers (e.g., hazardous waste haulers, grease collectors), or to situations where removal of certain organic or bulky goods is incidental to another trade’s work rather than a hauling service.
While these existing exceptions preserve operational flexibility and accommodate specialized waste industries, they leave ambiguity around certain C&D scenarios — particularly for nonhazardous materials removed without using roll-off bins. To address these gaps, staff recommended adding three proposed exceptions:
O. Construction and Demolition Debris that is self-hauled by Service Recipients in compliance with Atherton Municipal Code Sections 18.02.050 and 18.02.190.
P. Construction and Demolition Debris that is removed from a premise by a construction and/or demolition company in scheduled dump trucks and where no Debris Box Containers are used for the collection and transportation of such materials.
Q. Construction and Demolition Debris that is comprised of roof tear-off debris and that is removed from a premise by a roofing company using Debris Box Containers that are owned by the roofing company for the collection and transportation of such materials.
These proposed exceptions clarify that the franchise exclusivity does not apply where materials are self-hauled in compliance with local code, transported in company-owned dump trucks, or handled entirely within a trade-specific operation using owned containers.
Staff also discussed the franchise fee and revenue adjustment for January 1. Last year, Council reduced the franchise fee from 10% to 5% to offset the 11% contractual rate adjustment for GreenWaste. For 2026, the contractual rate increase is recommended to be 11% for customers, with the franchise fee remaining at 5%. Committee members did not recommend that the franchise
3 fee be reduced beyond the 5% but recommended that the Council discuss the issue at the October 2025 meeting.
FISCAL IMPACT
There are no immediate fiscal impacts associated with the Committee’s review and discussion of the proposed amendments to the franchise agreement regarding roll-off bin requirements for C&D projects.
The Town receives $237,000 in franchise fee revenue (at the 5%).
POLICY FOCUS
The Council’s primary focus is to review and discuss the Refuse and Recycling Committee’s recommendation for approval regarding roll-off bin requirements for Construction & Demolition (C&D) projects. This includes clarifying the scope of GreenWaste’s exclusivity, evaluating proposed exceptions, and ensuring that the decision supports consistent service delivery and compliance with state-mandated diversion and recycling goals.
ATTACHMENTS
1. Existing Franchise Agreement with GreenWaste (Section 3.1 and 3.2)
2. Proposed Amendment to Section 3.2, Exceptions.
3. Greenwaste Debris Box Rates
1.46 Work Day – “Work Day” means Monday through Friday when used in the context of Residential Service Recipient services and means Monday through Saturday when used in the context of NonResidential Service Recipient Services.
ARTICLE 2
TERM OF AGREEMENT
2.1 Term - The Term of this Agreement (“Term”) shall be twenty (20) years, from January 1, 2021 to December 31, 2040 and shall be effective on the last date signed by the Parties (“Effecive Date”).
2.2 Option to Extend Term - Franchisee and the Town shall each have the option to request an extension of this Agreement for an additional five years. On or before December 31, 2038, either party may provide the other party written notice of its desire to extend or not extend the Term of this Agreement by providing at least ninety (90) days advanced written notice. Franchisee and the Town may mutually extend this Agreement for up to five (5) additional years, whether one (1) five (5) year extension, five (5) one (1) year extensions or any combination thereof.
ARTICLE 3
EXCLUSIVE PRIVILEGE
3.1 Grant of Exclusive Franchise to Franchisee - Pursuant to California Public Resources Code Sections 40059 and 49300, Town hereby grants to Franchisee the exclusive franchise to collect, transport, recycle, process and dispose of all Mixed Compostable Materials, Recyclable Materials, Yard Trimmings, and Bulky Goods within the Service Area for Residential and NonResidential Service Recipients as described in Article 5 for the Term of this Agreement; and the exclusive franchise to collect, transport, recycle, process and dispose of all Construction and Demolition Debris, beginning January 1, 2026 until the termination of this Agreement. Franchisee will:
A. Collect and transport for processing and composting all Mixed Compostable Materials generated in the Service Area, subject to the conditions, restrictions and covenants of this Agreement.
B. Collect and transport for processing all Recyclable Materials generated in the Service Area, subject to the conditions, restrictions and covenants of this Agreement.
C. Collect and transport for processing and composting all Yard Trimmings generated in the Service Area, subject to the conditions, restrictions and covenants of this Agreement.
D. Beginning January 1, 2026, collect and transport for processing all construction and demolition debris generated in the Service Area, subject to the conditions, restrictions and covenants of this Agreement.
3.2 Exceptions - The exclusive franchise granted to Franchisee to perform collection services does not extend to any of the following, and Town expressly reserves the right to allow other service providers, by contract or otherwise, to perform any or all of the following in Town:
A. Collection and processing of any recyclable materials not specifically included in the definition of Recyclable Materials, which have value equal to or more than the cost of collection, including scrap wood, individual pieces of scrap metal weighing more than forty (40) pounds, and other Recyclable Materials. Other persons or service providers shall maintain the right to pay Service Recipients for source separated Recyclable Materials and Service Recipients may receive compensation for such materials; however, other persons or service providers may not receive payment or compensation of any type by the Service Recipient for the collection or processing of such materials.
Final Agreement Town of Atherton and GreenWaste Recovery, Inc. November 19, 2020 Page 9 of 107 ATTACHMENT 1
B. Collection of grease wastes from grease traps or grease interceptors.
C. Collection of horse manure from residences or non-residential properties.
D. Collection of Hazardous Materials.
E. Collection of Non-Hazardous Materials that is greater than fifty percent (50%) liquid (including septic tank pumpings, and other liquid wastes).
F. Recyclable beverage containers delivered for Recycling by Service Recipients under the California Beverage Container Recycling Litter Reduction Act, Section 14500 et seq.
California Public Resources Code.
G. By-products of sewage treatment including sludge, sludge ash, grit, and screenings.
H. Hazardous Waste, Household Hazardous Waste, and infectious waste.
I. Source separated E-Scrap and Universal Waste.
J. Organic Materials composted at Residential Service Recipient and Non-Residential Service Recipient Premises.
K. Materials generated by State facilities (including public schools), provided that the generator has arranged services with other persons or has arranged services with the Franchisee through a separate agreement.
L. Organic Materials removed from a premise by a gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that company rather than as a hauling service where no Debris Box Containers are used for the collection and transportation of such materials.
M. Bulky Goods removed from a premise by a property management or maintenance company as an incidental part of the total cleanup or maintenance service offered by the company rather than as a hauling service, where no Debris Box Containers are used for the collection and transportation of such Bulky Goods.
O. Garbage, Recyclable Materials, Organic Waste, Bulky Goods, and Construction and Demolition Debris collected in a Debris Box Container prior to January 1, 2026.
3.3 Recycling Options of Service Recipients - Nothing in this Agreement shall be construed as requiring Service Recipients to set out Recyclable Materials or Bulky Goods for collection by Franchisee. Service Recipients may dispose of Recyclable Materials and Bulky Goods through other appropriate means including, but not limited to, taking Recyclable Materials or Bulky Goods to drop-off facilities, and donating or selling Recyclable Materials or Bulky Goods to private or public entities, provided, however that Service Recipients shall not be permitted to compensate any private or public entity for the moving, loading, removal, transportation, processing or disposal or similar disposition of any Recyclable Materials or Bulky Goods generated by the Service Recipient within the Town.
3.4 Commingling of Mixed Compostable Materials, Recyclable Materials and Yard Trimmings
3.4.1 Commingling of Town Mixed Compostable Materials with Recyclable Materials and Yard Trimmings - Franchisee shall not commingle, in the collection vehicles or at the processing facility or otherwise, any Yard Trimmings, or Mixed Compostable Materials collected pursuant to this Agreement with any Recyclable Materials separated for collection by the resident pursuant to this Agreement, unless specifically approved in advance in writing by the City Manager.
3.4.2 Commingling of Non-Town Recyclable Materials and Yard Trimmings - Franchisee may commingle, in the collection vehicles, Mixed Compostable Materials, Recyclable Materials or Yard Trimmings collected pursuant to this Agreement with materials of the same type collected by Franchisee from any place outside Town, only if Franchisee can continue to provide accurate and complete data, and audited records of the types and amounts of Recyclable Materials and Yard Trimmings collected from within and outside Town.
Final Agreement Town of Atherton and GreenWaste Recovery, Inc. November 19, 2020 Page 10 of 107
3.2 Exceptions - The exclusive franchise granted to Franchisee to perform collection services does not extend to any of the following, and Town expressly reserves the right to allow other service providers, by contract or otherwise, to perform any or all of the following in Town:
A. Collection and processing of any recyclable materials not specifically included in the definition of Recyclable Materials, which have value equal to or more than the cost of collection, including scrap wood, individual pieces of scrap metal weighing more than forty (40) pounds, and other Recyclable Materials. Other persons or service providers shall maintain the right to pay Service Recipients for source separated Recyclable Materials and Service Recipients may receive compensation for such materials; however, other persons or service providers may not receive payment or compensation of any type by the Service Recipient for the collection or processing of such materials.
B. Collection of grease wastes from grease traps or grease interceptors.
C. Collection of horse manure from residences or non-residential properties.
D. Collection of Hazardous Materials.
E. Collection of Non-Hazardous Materials that is greater than fifty percent (50%) liquid (including septic tank pumpings, and other liquid wastes).
F. Recyclable beverage containers delivered for Recycling by Service Recipients under the California Beverage Container Recycling Litter Reduction Act, Section 14500 et seq.
California Public Resources Code.
G. By-products of sewage treatment including sludge, sludge ash, grit, and screenings.
H. Hazardous Waste, Household Hazardous Waste, and infectious waste.
I. Source separated E-Scrap and Universal Waste.
J. Organic Materials composted at Residential Service Recipient and Non-Residential Service Recipient Premises.
K. Materials generated by State facilities (including public schools), provided that the generator has arranged services with other persons or has arranged services with the Franchisee through a separate agreement.
L. Organic Materials removed from a premise by a gardening, landscaping, or tree trimming company as an incidental part of a total service offered by that company rather than as a hauling service where no Debris Box Containers are used for the collection and transportation of such materials.
M. Bulky Goods removed from a premise by a property management or maintenance company as an incidental part of the total cleanup or maintenance service offered by the company rather than as a hauling service, where no Debris Box Containers are used for the collection and transportation of such Bulky Goods.
N. Garbage, Recyclable Materials, Organic Waste, Bulky Goods, and Construction and Demolition Debris collected in a Debris Box Container prior to January 1, 2026.
O. Construction and Demolition Debris that is self-hauled by Service Recipients in compliance with Atherton Municipal Code Sections 18.02.050 and 18.02.190.
P. Construction and Demolition Debris that is removed from a premise by a construction and/or demolition company in scheduled dump trucks and where no Debris Box Containers are used for the collection and transportation of such materials.
Q. Construction and Demolition Debris that is comprised of roof tear-off debris and that is removed from a premise by a roofing company using Debris Box Containers that are owned by the roofing company for the collection and transportation of such materials.
Material Feb 2025 Rates Tons (allowed in
box)
Contamination Fee
40cy $843.57 5
20cy $681.35 3
10cy $600.23 2
40cy $643.49 5 $200.08
20cy $524.53 3 $156.82
10cy $524.53 3 $75.70
40cy $324.45 0 $519.12
20cy $324.45 0 $356.90
10cy $324.45 0 $275.78
40cy $713.79 5 $129.78
20cy $594.83 3 $86.52
10cy $535.34 2 $64.89
40cy $757.05 5 $86.52
20cy $627.27 3 $54.08
10cy $562.38 2 $37.85
20cy $827.35 5 N/A
10cy $762.46 4 N/A
10cy $1,113.95 8 N/A
10cy $648.90 10 $378.53
10cy $1,000.39 10 $27.04
10cy $1,027.43 10 N/A
Other Charges Rate Notes
Additional Days 30.9 per day
Driver Wait 3.2 per min
Dry Run 162.23 per trip
Overweight 97.34 per ton
Covered Box 51.5 per box
Car Tire 13.97 per tire
Truck Tire 27.95 per tire
Fron Items 46.57 per item
Trash/C&D (1 mattress set)
N/A
Wood
Concrete, Dirt and other debris
Metal
Yardwaste
Sheetrock
Comp. Roofing
Asphalt Roofing
Concrete
Dirt
ATTACHMENT 3
Item No. 11
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: OCTOBER 15, 2025
SUBJECT: DISCUSSION AND DIRECTION REGARDING FORMATION OF A
CITY CHARTER
RECOMMENDATION
It is recommended that the Council review and discuss the draft charter submitted by the Charter City Standing Subcommittee; and, if appropriate, provide direction regarding next steps.
BACKGROUND
Early in 2025, the City Council formed a Charter City Standing Subcommittee to explore the advantages of becoming a Charter City. The Council directed that the Subcommittee create a draft charter for consideration by the City Council.
Transitioning to a Charter City would provide Atherton with greater autonomy in taxation, procurement, and governance. However, for some of these areas, the practical benefit to the Town is limited. The Town must carefully consider legal constraints, stakeholder concerns, and potential litigation risks before moving forward. Furthermore, once a charter is adopted, the Town must ensure that future decisions conform with the charter. Otherwise, the Town will be required to amend the charter each time there is a potential conflict between what the charter says and what the Town wants to do.
The Town currently operates as a General Law City under California law, meaning its governance, policies, and regulations are based in the Constitution or by statutes. Shifting to a Charter City model would grant Atherton greater autonomy over “municipal affairs”, particularly in areas such as elections, personnel matters, contracting, prevailing wages, and taxation. However, the benefit of that greater autonomy is limited in many areas, with changes to those powers sometimes reflected in new judicial interpretations, when those powers are disputed.
The Subcommittee met several times over the past few months and crafted the attached draft charter.
Consideration of Next Steps – City Charter
OCTOBER 15, 2025
ANALYSIS
The charter city provision of the State Constitution, also commonly referred to as the “home rule”, allows charter cities to conduct their own business and control their own affairs. Put differently, “home rule” is a principle in the Constitution that allows a charter city to govern itself on any matter considered a “municipal affair”, subject to constitutional limitations and subject to matters that are made, by the Legislature, “a matter of statewide concern.” Charter cities are specifically authorized by state constitution to govern themselves, free of state legislative intrusion, as to the matters deemed municipal affairs. Thus, the potential for local control under the home rule principle is broad and significant; subject to what is or what is not a “municipal affair” but limited by what the legislature declares to be a matter of statewide concern. Courts have held that “home rule” is a means of adjusting the political relationship between state and local governments in discrete areas of conflict.
For these reasons, defining what is and what is not a “municipal affair” is an ever-evolving matter.
Article IX, section 5 of the Constitution sets out categorical areas that are considered municipal affairs – governance, regulation of police forces, and elections, but it does not define “municipal affair”. Instead, specific areas of municipal affairs have been more defined over time by court decisions. These include general municipal election matters, land use and zoning matters, the expenditure of local tax dollars, and public contracts.
The Subcommittee crafted the attached draft charter to address the broad areas of local control for the Town. The draft charter is concise and contains the following articles and preamble. • Preamble – the Preamble highlights the Town’s beliefs with respect to home rule and control over municipal affairs.
• Article I – Article I outlines the parameters of home rule and what constitutes municipal affairs. It highlights that nothing within the charter is intended to restrict the Town from exercising any right or power of authority granted by the general laws of the State. • Article II – Article II is a basic section that highlights the Town’s form of local governances.
• Article III – Article III describes the method of selection of Mayor and Vice Mayor. • Article IV – Article IV prescribes that all laws in effect upon adoption of the charter remain in effect.
• Article V – Article V prescribes that the charter shall be interpreted broadly and that its provisions are severable.
Next Steps
Consideration of Next Steps – City Charter
OCTOBER 15, 2025
Based on the process selected by the Council earlier in discussion, to place a charter city measure on the November 2026 ballot, the Town should follow these procedural steps:
• Form a Standing City Council Charter Subcommittee to draft a proposed charter (COMPLETED)
o Public Meetings were held on March 10, May 6, June 11, July 16, and September 15 • Host Community Meetings and Workshops to educate residents and solicit input on the draft charter
o Staff suggests a minimum of two public workshops (one at the onset of public engagement and one at the conclusion of public engagement) o Staff suggests that in between the two public workshops that there be several neighborhood meetings (Lindenwood HOA, Lloyden Park, Selby/Stockbridge, Central Atherton, etc.)
o These meetings would be held from November 2025 through April 2026 • Host two City Council Public Hearings for Council approval of placing the Charter on the November 2026 Ballot
o These would take place in May and June (there must be a minimum of 30 days between each public hearing and at least 21 days notice for each hearing) o At the final Public Hearing, Council adopts a resolution to place the charter on the November ballot (at least 88 days before the election). Alternatively, at this point, the Council could also opt not to move forward with placing it on the ballot. • If the Council opts to move it to the ballot, staff recommends that the Town host two additional Community Meetings to conduct voter outreach to explain the benefits and implications of charter city status.
o Staff suggests a minimum of two public workshops with one to be held in September and one in October.
o As with all ballot measures, there will be a City Attorney analysis, as well as potential pro and against arguments submitted for the ballot. • Conduct November 2026 Election
o A majority vote (50%+1) is required for adoption.
The Subcommittee is recommending that the City Council consider the draft charter and provide direction regarding next steps. The Council may:
• direct that staff move forward as described above with the intent to move the charter to the November 2026 ballot;
• direct that the issue be returned to the Subcommittee for further revision and discussion based on Council feedback; or
• direct that the matter does not move forward at this time.
Consideration of Next Steps – City Charter
OCTOBER 15, 2025
FISCAL IMPACT
None at this time. However, if the charter moves forward, there will be staff time and resources expended for outreach and educational materials.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal A - Preserve Small Town Character & Quality of Life • Goal D - Be Forward Thinking
POLICY FOCUS
Policy focus for the discussion is on the merits of a charter.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
1. Draft Charter
SAMPLE CHARTER
TOWN OF ATHERTON
PREAMBLE
We, the people of the Town of Atherton, under the constitution and laws of the state of California, in order to secure the benefits inherent in the doctrine of home rule, declare our intent to restore to our community the historic principles of self-governance.
In adopting this Charter, the people of Atherton delegate authority for governance to its local officials who must faithfully serve the residents of the Town. By doing so, the people assert their desire for local control over municipal affairs, their freedom to decide their own destiny, and their rejection of efforts by agencies outside of the Town’s jurisdiction seeking to impose policies, regulations, rules or laws upon the Town’s residents without their approval.
ARTICLE I – Acceptance of Home Rule
Except as restricted by this Charter, the Town shall have all powers allowable under the Constitution of the State of California to adopt ordinances, establish rules, grant franchises, structure Town government, and in every way to govern the municipal affairs of the Town.
Municipal affairs encompass all matters of local concern as determined by the City Council consistent with the meaning of "municipal affairs" under the constitutional, statutory, and judicially defined law of the State of California. Such powers are in addition to those granted or prescribed by any applicable law for municipal corporations within the state of California.
Expressly, the Town retains all powers allowable for “municipal affairs” including but not limited to: public employment, public finance, public contracting, revenue and taxation, land use and planning, prevailing wage, and governance. Each of the responsibilities of governance set forth and described in this Charter, and as established by the Constitutional, statutory and judicially defined law of the State of California, is declared to be a municipal affair or concern, the performance of which is unique to the benefit of the residents of the Town of Atherton.
Enumeration by this Charter of any particular power does not constitute a limitation upon the Town’s general grant of powers under applicable law.
Nothing in this Charter is intended to restrict the Town in exercising any right, power or authority granted under the general laws of the State of California. However, the provisions of this Charter shall prevail in the event of any conflict with general law.
ARTICLE II – Structure of City Government
The Town shall continue to be governed by a City Council of five members elected at large. The City Council shall adopt and regularly affirm all policies applicable to the role of members of the City Council. The City Council shall appoint a City Manager and a City Attorney. The City
Manager, as the chief administrative officer of the Town, shall appoint all department heads other than the City Attorney. The form of municipal government established by this Charter shall be in the form of “Council-Manager” form of government. The City Council shall establish policies of the Town and the City Manager shall carry out such policies. Involvement in administrative matters by the Council or by any individual Councilmember shall occur only by direction of the City Manager.
City Council compensation will be in those limits as set forth in the Government Code, as may be amended from time to time.
ARTICLE III – Selection of Mayor and Vice Mayor
The Mayor and Vice Mayor shall be elected from among the Councilmembers by a majority vote of the members of the Council. Terms of these offices may be set by Ordinance.
ARTICLE IV – Continuation of Existing Law
All ordinances, resolutions, rules, policies and regulations of the Town in effect as of the effective date of this Charter shall continue in effect until repealed or amended.
ARTICLE V – Interpretation & Severability
The provisions of this Charter shall be interpreted broadly to favor the exercise of home rule.
If any provision of this Charter is found by a court to be invalid, void or otherwise unenforceable, such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Charter are severable and remain in full force and effect.