Atherton City Council
November 19, 2025

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standards.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) (a) (1) An application for a permit pursuant to this article shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing.
(2) The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot.
(3) If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing.
(4) If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. (b) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(c) A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this article.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this article due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) (a) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(b) This article shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all singlefamily residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) (a) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (b) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) If a local agency has not adopted a local ordinance pursuant to this article, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in paragraph (1) of subdivision (a) of Section 66323 and the requirements of this article. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)

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66341.

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GOVERNMENT CODE - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66342] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 13. Accessory Dwelling Units [66310 - 66342] ( Chapter 13 added by Stats. 2024, Ch. 7, Sec. 20. ) ARTICLE 4. Accessory Dwelling Unit Sales [66340 - 66342] ( Article 4 added by Stats. 2024, Ch. 7, Sec. 20. ) For purposes of this article:
(a) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
(b) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) A local agency shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
(a) The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation. (b) There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code. (c) The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(1) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies. (2) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property. (3) A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence.
(4) Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer. (5) If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:
(A) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied. (B) Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

66342.
property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
(C) Procedures for dispute resolution among the parties before resorting to legal action. (d) A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code. (e) Notwithstanding Section 66324, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility. (f) Nothing in this section limits the ability of an accessory dwelling unit to be sold or otherwise conveyed separate from the primary residence as a condominium pursuant to an ordinance adopted under Section 66342. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) In addition to the requirement that a local agency allow the separate sale or conveyance of an accessory dwelling unit pursuant to Section 66341, a local agency may also adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums. Any such ordinance shall include all of the following requirements:
(a) The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code). (b) The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of a local subdivision ordinance.
(c) Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.
(d) (1) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder’s consent. The following shall apply to the consent of a lienholder:
(A) A lienholder may refuse to give consent.
(B) A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied. (2) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the county recorder along with a signed statement from each lienholder that states as follows:
“(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.” (3) The lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
(A) The lienholder’s signature.
(B) The name of the record owner or ground lessee.
(C) The legal description of the real property.
(D) The identities of all parties with an interest in the real property as reflected in the real property records. (E) The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located.

(e) The local agency shall include the following notice to consumers on any accessory dwelling or junior accessory dwelling unit submittal checklist or public information issued describing requirements and permitting for accessory dwelling units, including as standard condition of any accessory dwelling unit building permit or condominium plan approval:
“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
(a) Paying off your current lender.

You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied.
(b) Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels. (c) Securing your lender’s consent to the details of any construction loan or ground lease.

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct.” (f) If an accessory dwelling unit is established as a condominium, the local government shall require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.
(g) (1) The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association.
(2) For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association. (h) An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this paragraph or pursuant to this article. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.)

As Amends the Law Today
SB-543 Accessory dwelling units and junior accessory dwelling units. (2025-2026) SECTION 1. Section 66311 of the Government Code is amended to read:
66311. It is the intent of the Legislature that an accessory dwelling unit or a junior accessory dwelling unit ordinance adopted by a local agency has the effect of providing for the creation of accessory dwelling units or a junior accessory dwelling unit and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units or junior accessory dwelling units in zones in which they are authorized by local ordinance.

SEC. 2. Section 66313 of the Government Code is amended to read:
66313. For purposes of this chapter:
(a) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(1) An efficiency unit.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (b) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(c) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (d) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet of interior livable space in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (e) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
(f) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(g) “Local agency” means a city, county, or city and county, whether general law or chartered. (h) “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.
(i) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

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(j) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(k) “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts. (l) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(m) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(n) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

SEC. 3. Section 66317 of the Government Code is amended to read:
66317. (a) (1) A permit application for an accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. (2) (A) A permitting agency shall determine whether an application to create or serve an accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 business days after the permitting agency received the application.
(B) If the permitting agency determines an application is incomplete, the permitting agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list and description shall be provided with the written notice required by subparagraph (A). (C) After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the permitting agency. (D) In the review of an application submitted pursuant to subparagraph (C), the permitting agency shall not require the application to include an item that was not included in the list required by subparagraph (B). (E) If an applicant submits an application pursuant to subparagraph (C), the permitting agency shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B). This additional application is subject to the timelines and requirements specified in subparagraph (A).
(F) If a permitting agency does not make a timely determination as required by this paragraph, the application or resubmitted application shall be deemed to be complete for the purposes of this section. (a) (3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new singlefamily or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this section, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(b) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a),

return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) No local ordinance, policy, or regulation, other than an accessory dwelling unit ordinance consistent with this article shall be the basis for the delay or denial of a building permit or a use permit under this section. (d) (1) If a permit application is determined to be incomplete under paragraph (2) of subdivision (a) or denied under paragraph (3) of subdivision (a), the permitting agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both. (2) A permitting agency on the appeal shall provide a final written determination by not later than 60 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-business-day period.

SEC. 4. Section 66320 of the Government Code is amended to read:
66320. (a) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with Section 66314 receives an application for a permit to create or serve an accessory dwelling unit pursuant to this article, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to Section 66317. The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(b) If a permitting agency denies an application for an accessory dwelling unit or junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

SEC. 5. Section 66321 of the Government Code is amended to read:
66321. (a) Subject to subdivision (b), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency shall not establish by ordinance any of the following:
(1) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(2) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(A) Eight hundred fifty square feet. feet of interior livable space. (B) One thousand square feet of interior livable space for an accessory dwelling unit that provides more than one bedroom.
(3) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot an accessory dwelling unit with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks to be constructed in compliance with all other local development stanPage 111 of 160 dards. (4) Any height limitation that does not allow at least the following, as applicable:
(A) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(B) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a highquality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (C) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(D) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This subparagraph shall not require a local agency to allow an accessory dwelling unit to exceed two stories.

SEC. 6. Section 66323 of the Government Code is amended to read:
66323. (a) Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: following units, or any combination of the following units:
(1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing singlefamily dwelling if all of the following apply:
(A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
(B) The space has exterior access from the proposed or existing single-family dwelling. (C) The side and rear setbacks are sufficient for fire and safety. (D) The junior accessory dwelling unit complies with the requirements of Article 3 (commencing with Section 66333).
(2) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in paragraph (1). A local agency may impose the following conditions on the accessory dwelling unit:
(A) A total floor area limitation of not more than 800 square feet. feet of livable space. (B) A height limitation as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable.
(3) (A) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (B) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units. (4) (A) (i) Multiple accessory dwelling units, not to exceed the number specified in clause (ii) or (iii), as applicable, that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard and side setbacks of no more than four feet. (ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units.

However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.

(iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units. (B) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph. (b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).
(c) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(d) The installation of fire sprinklers shall not be required in an accessory dwelling unit or a junior accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit or a junior accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.
(e) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this section be for a term longer than 30 days.
(f) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.

SEC. 7. Section 66324 of the Government Code is amended and renumbered to read:
66324. 66311.5. (a) Fees charged for the construction of accessory dwelling units or junior accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).
(b) An accessory dwelling unit or junior accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(c) (1) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. that has 750 square feet of interior livable space or less or a junior accessory dwelling unit that has 500 square feet of interior livable space or less. Any impact fees charged for an accessory dwelling unit of that has more than 750 square feet or more of interior livable space shall be charged proportionately in relation to the square footage of the primary dwelling unit. (2) For purposes of this subdivision, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(3) For the purposes of this section and Section 17620 of the Education Code, an accessory dwelling unit or junior accessory dwelling unit that contains less than 500 square feet of interior livable space shall, for the purpose of subparagraph (C) of paragraph (1) of subdivision (a) of Section 17620 of the Education Code, be considered other residential construction that does not increase assessable space by 500 square feet. (d) For an accessory dwelling unit or a junior accessory dwelling unit described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new singlefamily dwelling, or upon separate conveyance of the accessory dwelling unit pursuant to Section 66342. (e) For an accessory dwelling unit that is not described in paragraph (1) of subdivision (a) of Section 66323, a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU)

values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.

SEC. 8. Section 66327 of the Government Code is amended and renumbered to read:
66327. 66313.5. The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this article. chapter. The guidelines adopted pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.

SEC. 9. Section 66332 of the Government Code is amended and renumbered to read:
66332. 66311.7. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit or an unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following:
(1) The accessory dwelling unit or junior accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units.
(b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit or junior accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code. (c) This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
(d) A local agency shall inform the public about the provisions of this section through public information resources, including permit checklists and the local agency’s internet website, which shall include both of the following:
(1) A checklist of the conditions specified in Section 17920.3 of the Health and Safety Code that would deem a building substandard.
(2) Informing homeowners that, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit. (e) A homeowner applying for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66324. 66311.5. (f) Subject to subdivision (c), upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards.

SEC. 10. Section 66333.5 is added to the Government Code, to read:
66333.5. (a) A local agency shall submit a copy of the ordinance adopted pursuant to Section 66333 to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this article.
(b) (1) If the department finds that the local agency’s ordinance does not comply with this article, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer

than 30 days, to respond to the findings before taking any other action authorized by this article. (2) The local agency shall consider the findings made by the department pursuant to paragraph (1) and shall do one of the following:
(A) Amend the ordinance to comply with this article.
(B) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this article despite the findings of the department.
(c) (1) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this article and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
(2) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this article between January 1, 2017, and January 1, 2020.
(d) If a local agency fails to submit a copy of its ordinance to the department within 60 days of adoption pursuant to this section or fails to respond to the department’s findings that the local ordinance does not comply with this article within 30 days pursuant to this section, that ordinance shall be null and void. The local agency shall thereafter apply the standards established in this article for the approval of junior accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article, including, but not limited to, the submittal requirements of this section.

SEC. 11. Section 66335 of the Government Code is amended to read:
66335. (a) (1) An application for a permit pursuant to this article shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing.
(2) (A) A permitting agency shall determine whether an application to create or serve a junior accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 business days after the permitting agency received the application.
(B) If the permitting agency determines an application is incomplete, the permitting agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list and description shall be provided with the written notice required by subparagraph (A). (C) After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the permitting agency. (D) In the review of an application submitted pursuant to subparagraph (C), the permitting agency shall not require the application to include an item that was not included in the list required by subparagraph (B). (E) If an applicant submits an application pursuant to subparagraph (C), the permitting agency shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B). This additional application is subject to the timelines and requirements specified in subparagraph (A).
(F) If a permitting agency does not make a timely determination as required by this paragraph, the application or resubmitted application shall be deemed to be complete for the purposes of this section. (2) (3) The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot.
(3) (4) If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing.

(4) (5) If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. (b) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(c) A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this article.
(d) No local ordinance, policy, or regulation, other than a junior accessory dwelling unit ordinance consistent with this article, shall be the basis for the delay or denial of a building permit or a use permit under this section. (e) (1) If a permit application is determined to be incomplete under paragraph (2) of subdivision (a) or denied under paragraph (3) of subdivision (a), the permitting agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both. (2) A permitting agency on the appeal shall provide a final written determination by not later than 60 business days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-business-day period.

SEC. 12. Section 66335.5 is added to the Government Code, to read:
66335.5. When a local agency that has not adopted an ordinance governing junior accessory dwelling units in accordance with Section 66333 receives an application for a permit to create or serve a junior accessory dwelling unit pursuant to this article, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to Section 66335.

SEC. 13. Section 66339.5 is added to the Government Code, to read:
66339.5. (a) Except as provided in subdivision (b), this article shall supersede a conflicting local ordinance. (b) This article does not limit the authority of local agencies to adopt less restrictive requirements for the creation of a junior accessory dwelling unit.

SEC. 14. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

Item No. 6
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: NOVEMBER 19, 2025
SUBJECT: CONSIDERATION OF AN APPOINTMENT TO THE

ENVIRONMENTAL PROGRAMS COMMITTEE AND PLANNING

COMMISSION

RECOMMENDATION
It is recommended that the Council review and consider appointing one applicant for a vacancy on the Environmental Programs Committee (EPC) to a term expiring on June 30, 2029, and one applicant to the Planning Commission to a term expiring on June 30, 2026.

BACKGROUND
Environmental Programs Committee (1)
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 and Sriram Iyer to a term expiring on June 30, 2027, at the October Regular Meeting, leaving the committee with one (1) vacant seat. If the Council makes an appointment at tonight's meeting, the committee will be fully staffed.

The Council has one applicant for consideration to fill a term expiring on June 30, 2029. The candidate is Alyson Blume, who applied on November 3, 2025.

Planning Commission (1)
Eric Lane was appointed to the City Council at the October 1, 2025, Council Study Session, vacating his seat on the Planning Commission. Staff conducted a recruitment to fill the vacant seat with a term expiring on June 30, 2026.

There are two (2) applicants for consideration to fill a term expiring on June 30, 2026. • Steve Seabolt
• Peter Carson

EPC and PC Appointment
NOVEMBER 19, 2025

Appointment Process
There is one (1) applicant for one vacant seat on the EPC and two (2) applicants for one vacant seat on the Planning Commission. The City Council should announce the term for which an appointment is being considered, then make a motion to appoint a candidate. The City Clerk can assist with voting sheets if desired and voting shall continue until an applicant is selected for the available terms. 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
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal D - Be Forward Thinking
• Goal F - Build Community & Promote Civic Engagement

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

EPC and PC Appointment
NOVEMBER 19, 2025

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

Revised 01/30/2023
Terms
Term expiration dates end on June 30th of each year. However certain Committee may be set up for specific purposes with no expiration dates. Appointed committee/commission members shall serve no more than two full consecutive terms on the committee or commission to which they are appointed. A member may be reappointed to the committee or commission following a minimum two (2) year hiatus. However, if a seat is vacant and no one applies, City Council may grant an exemption.

Specific Information
Serving on a commission or committee may require occasional attendance at night meetings.

You may also be asked to serve on additional subcommittees. Members are expected to attend all meetings. Unexcused absences of members, other than City Council Members, from two or more consecutively scheduled meetings shall result in the automatic vacation of the member’s office. Members are not paid for their volunteer service. General information related to the rules, procedures and charge of the commissions and committees and their schedules are shown in the City Council approved Resolution attached. Further information may be obtained by viewing the Towns Official Roster of Committees and Commissions on its website at www.ci.atherton.ca.us and/or by contacting the staff liaison.

Information about the Appointment Process
The application process may take from six weeks to two months. Vacancies are advertised for approximately 30 days with a specific filing deadline. Deadlines may be extended. Please return your application, along with any attachments, to the City Clerk, at the address listed below. Applications are kept on file for one year. The City Council will review all applications, may contact you individually or may decide to hold interviews. In some cases, City Council may appoint a subcommittee to screen applications before they are brought to the entire Council. All appointments will be made by nomination and vote of the City Council at a Council meeting. Questions about the application process should be directed to Anthony Suber, City Clerk, at (650) 752-0529 or by e-mail at [email protected]. ____________________________________ _________________________ Applicant’s Signature Date
Return to the City Clerk, Town of Atherton,
80 Fair Oaks Lane Atherton, CA 94027
(Phone: (650) 752-0529 or e-mail at [email protected])

OFFICE USE ONLY
Application Received: Address Verified in Town Limits: By:

Initials
Considered by City Council: Appointed: Yes No
Considered by City Council: Appointed: Yes No
Considered by City Council: Appointed: Yes No
If Appointed Term ends:

11.3.2025
11/3/2025

Revised 01/30/2023

PERSONAL INFORMATION
Name:

Residence Address:
(Note: Residency within the Town limits is required)
Telephone No: Number of years as an Atherton resident:

Occupation:

Email address:

Business Address/Telephone No:

Internet Posting
If I am appointed, the City is authorized to post the following information on the City’s website:

YES NO
Home Address:

E-mail:

Alyson Blume Atherton 3
Product Design/ Management same ✔
✔

Hello,
Below are my extended answers to the question asked in the application to serve on the Environmental Programs Committee.

Best,
Alyson Blume
Describe your understanding of the responsibilities of the commission that you are applying for and how your personal, community, or professional experience relates to these responsibilities:

The Environmental Programs Committee serves as an advisory body to the City Council, providing recommendations and developing community engagement programs to advance Atherton's Climate Action Plan goals—including a 49% reduction in greenhouse gas emissions by 2030 and carbon neutrality by 2045. The committee's core responsibility is creating effective outreach, education, and engagement programs that motivate residents and local enterprises to adopt sustainable practices across building energy, transportation, waste management, and carbon sequestration.

My professional and volunteer experience directly aligns with these responsibilities. As a UX designer and product manager, I specialize in understanding user needs, removing adoption barriers, and designing programs that drive behavioral change—skills essential for creating environmental initiatives that residents will actually embrace. I approach challenges by identifying what motivates people, designing clear pathways to action, and measuring outcomes to improve programs continuously.

My volunteer work demonstrates my ability to execute community engagement at scale. My experience organizing the annual San Francisco Ballet gala has given me a strong foundation in coordinating large-scale community events—skills that directly translate to planning the committee's outreach events, such as the Earth Day Celebration. I know how to manage complex logistics, engage diverse stakeholders, and create memorable experiences that build community enthusiasm around a shared mission. As a PTA program manager for after-school activities at Encinal Elementary, I've developed programs that educate and engage families, managed volunteer teams, and built sustainable initiatives that serve our community's needs.

I'm eager to apply these skills to advance Atherton's environmental goals—whether designing resident-friendly educational campaigns about waste separation, organizing impactful Earth Day events, or developing programs that make sustainable choices more accessible and appealing to our community. My experience in creating user-centered solutions and managing community programs positions me to help translate our ambitious climate goals into actionable, engaging initiatives that achieve measurable results.

Describe why you want to serve on this commission and what you hope to accomplish as a
member:

My interest in serving on the Environmental Programs Committee stems from a longstanding commitment to environmental issues combined with an urgent sense of responsibility as a parent. For many years, I served on the executive board of Mongabay, a conservation news platform. Additionally, I worked as lead designer for Wexus, an energy and water management platform for large-scale agriculture companies. These experiences gave me deep exposure to environmental challenges at scale and taught me how thoughtful design and engagement can drive meaningful behavior change.

Now, as a parent, I feel compelled to channel that experience toward local action. The climate crisis is no longer an abstract future threat—it's shaping the world my children will inherit. While I've contributed to environmental efforts professionally, I want to feel like I'm actively contributing to securing my children's future by making a tangible difference in our own community.

There are many things I would hope to accomplish. I want to help design initiatives that meet Atherton residents where they are—whether that's through native plant & carbon sequestration programs, home tours that demystify electrification, or partnerships that make sustainable choices more convenient and compelling.

With only five years until the 2030 target, we need programs that accelerate adoption of key measures—home electrification (inlcuding pools & spas), EV transitions, proper waste sorting, and carbon sequestration. I want to help identify barriers preventing residents from taking action and design solutions that remove those obstacles, turning our Climate Action Plan from a document into lived reality in our community.

1 Anthony Suber
From: [email protected]
Sent: Thursday, November 13, 2025 11:21 AM
To: Anthony Suber; Michael Gallagher
Subject: Online Form Submittal: Application for Town Committee/Commission [The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Application for Town Committee/Commission
Name peter carson
Address
Phone Number
Email Address @gmail.com
Commission/Committee
of Interest
Planning
Education
BE 69-Vanderbilt, MBA 73 Harvard
List your civic affiliations
and community
activities, including
service on other
commissions and
committees?
Harvard Business School Community PartnersAdvisory
Council, Sand Hill Angels
Describe your
understanding of the
responsibilities of the
commission or
committee that you are
applying for and how
your personal,
community or
professional experience
relate to these
responsibilities?
Believe it bshould be implementing the will of the community in planning the future of Atherton.. Am a Realtor now with Compass for 10+ yrs and have intimate knowledge of the town an d lived in Atherton. since 1982 on Rittenhouse for 10 yrs and now on Bergesen Ct

2 Describe why you want
to serve on this
commission and what
you hope to accomplish
as a member?
Implement the will
Of the community.

Additional Information
you would like to add?
40+ yr resident, Semiretired and have time to give back.The major portion of my career has cuased me to to excel in llistening and develop outcomes for succes.

From: Peter Carson
To: Anthony Suber
Subject: Peter Carson
Date: Monday, October 6, 2025 5:29:46 PM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
I am interested and applying to serve on yhe Planning Commission.

Resident since 1982.
-1982-1992
4 Ct-1992-present
Thx
Peter Carson

From: [email protected]
To: Anthony Suber; (Disabled) Francesca Reyes
Subject: Online Form Submittal: Application for Town Committee/Commission Date: Friday, March 21, 2025 4:11:11 PM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Application for Town Committee/Commission
Name Steve Seabolt
Address
Phone Number
Email Address @gmail.com
Commission/Committee
of Interest
Planning - or - Finance
Education Bachelors Business Administration - majors: Economics + Marketing
MBA
List your civic
affiliations and
community activities,
including service on
other commissions and
committees?
Board of Directors - Menlo Circus Club - 6 yrs. Current member and former chair of Finance Committee.

Describe your
understanding of the
responsibilities of the
commission or
committee that you are
applying for and how
your personal,
community or
professional experience
relate to these
responsibilities?
Finance - assure accuracy, accountability, budget management of Town resources. Planning - work to understand the evolving needs of the Town and its citizens - protect the Town's character Describe why you want
to serve on this
commission and what
you hope to accomplish
as a member?
The desire to serve is a way to give back to the Town I and my family have enjoyed living in for 29 years. I would assume the first year on any committee is about learning (open ears)...to lay the foundation for contribution in subsequent years.

Additional Information
you would like to add?
My various roles in business have had 'problem-solving' - thinking through issues to come to an optimal result as a common characteristic. Most particularly at Sunset Publishing.

NAME # OF FULL TERMS 1st APPOINTMENT CURRENT APPOINTMENT TERM EXPIRATION 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 EXPIRATION Sriram Iyer Serving 1st Full Term 10/15/2025
(Mid-Term Appointment 6/30/2027 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 EXPIRATION 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 EXPIRATION 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

Item No. 7
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
DATE: NOVEMBER 19, 2025
SUBJECT: APPROVE A SERVICE CONTRACT FOR THE SUPPLY AND

CONSTRUCTION OF THE HOLBROOK-PALMER PARK

PLAYGROUND REPLACEMENT PROJECT
CEQA: This action is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15303 (new construction or conversion of small structures), section 15304 (minor alterations to land), and section 15183 (projects consistent with zoning).

RECOMMENDATION
It is recommended that the City Council approve the an agreement to supply and construct the playground replacement at Holbrook-Palmer Park with GameTime, in the amount of $1,191,257.25 and authorize change orders up to $125,000; direct the City Attorney to prepare the agreement; and authorize the City Manager to execute the contract on behalf of the Town.

BACKGROUND
The City Council approved the replacement of the Holbrook-Palmer Park Playground through the adoption of the FY 2024-25 Capital Improvement Program and a design/project management services task order with Interwest Consulting Group for design and project management associated with the replacement of the playground at Holbrook-Palmer Park.

Following significant community outreach and coordination with the Parks and Recreation Committee, staff presented two options regarding design direction for the proposed playground improvements at the December 4, 2025, City Council Study Session, including a conventional playground design and a proposal from the Magical Bridge Foundation for a more inclusive playground. Following review and discussion, the Council deferred the selection of a design option to provide an opportunity for Council to further evaluate the options, provide individual feedback and concerns and allow for the project team to outline costs for additional options and features as may be suggested following the meeting.

Interwest Consulting Group reached out to the equipment manufacturer to obtain additional

HPP Park Playground Project
NOVEMBER 19, 2025

information regarding costs associated with the additional features desired for the Conventional Playground. Additional costs were provided to assist in better defining the desired components and associated costs before revising the conceptual design for the playground. On December 13, 2024, the Magical Bridge Foundation advised the Town that they were withdrawing their offer regarding the playground.

On January 15, 2024, the City Council approved the selected changes in the conventional playground which have since been included in the updated conceptual design for the Holbrook Palmer Park Playground Replacement Project.

The playground equipment selected is through GameTime, a Playcore company. GameTime is a vendor available through Omnia Partners via a joint procurement platform. The platform allows access to various joint procurement and publicly awarded agreements that are competitively solicited, in compliance with public purchasing regulations. This allows for a more efficient procurement process.

ANALYSIS
Following approval of the selected changes that have been incorporated into the final concept (Attachment 2), Staff have developed the preliminary construction documents for the playground replacement and obtained a quote for the supply of the playground equipment with all updated changes. As noted above, a cooperative agreement is available through the Omnia Partners publicly awarded cooperative contract.

Through the cooperative agreement, Gametime will supply the material, obtain required Building Permit approvals, and construct the playground. The cost for the supply and construction contract is $1,191,257.25. The material, and construction/installation costs, include demolition, site preparation, drainage, surfacing (rubberized, engineered wood fiber, decomposed granite), concrete curbing, playground equipment, and all other construction activities to finish the project per the construction plans. Final costs with Gametime would be based on the approved building permit plans, associated modifications, and any approved change orders. Additionally, the Town would be responsible to purchase items that are not included in the cooperative agreement such as the Willow Hut and Wooden bench swings.

Staff are seeking Council approval of the cooperative agreement to supply and construct the desired playground at Holbrook Palmer Park.

FISCAL IMPACT
The supply and construction contract with cooperative pricing (Attachment 1) is $1,191,257.25 with a contingency of $125,000.00 bringing the total to $1,316,257.25. The estimated cost for the Willow Hut is $15,000 and the budgeted amount for Wooden Bench Swings is $20,000. $1,300,000 was allocated toward construction of the playground replacement project in the FY 2024-25 and 2025-26 Capital Improvement Program Budgets. sufficient funds are available for the balance in the allocated budget for Holbrook-Palmer Park assessment and repairs.

GOAL ALIGNMENT Page 132 of 160
HPP Park Playground Project
NOVEMBER 19, 2025

This Report and its contents are in alignment with the following Council Policy Goals:
• Goal A - Preserve Small Town Character & Quality of Life • Goal E - Maintain and Improve Public Infrastructure

POLICY FOCUS
The policy focus for this item is regarding Council approval of the cooperative agreement to supply and construct the desired playground a Holbrook-Palmer Park.

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. HPP Playground Concept Layout

2. Gametime Omnia Contract

Gate C E R T I F I E D 150 PlayCore Drive SE Fort Payne, AL 35967 www.gametime.com 1 4 0 0 1 CERTIFIED Representative
This play
equipment is recommended for children ages This drawing can be scaled only when in an 36" x 48" format Minimum Area Required: Scale: Drawing Name: Drawn By: Date: IMPORTANT: Soft resilient surfacing should be placed in the use zones of all equipment, as specified for each type of equipment, and at depths to meet the critical fall heights as specified by the U.S. consumer Product Safety Commission, ASTM standard F 1487 and Canadian Standard CAN/CSA-Z-614 Holbrook Palmer Park Atherton CA MRC ls af 6.3.25 113314-01-22 2-5 and 5-12 1" = 5'-0" TREE Page 134 of 160 Atherton City of
Attn: Robert Ovadia
8 Fair Oaks Lane
Atherton, CA 94027
United States
Phone: 650-752-0541
[email protected]
Ship to Zip 94027
Quantity Part # Description Unit Price Amount
1 RDU GameTime - PrimeTime Custom Designed 2-5 Play Structure $45,713.00 $45,713.00 1 RDU GameTime - ADA PrimeTime Swing, 1 Enclosed Tot Seat, and 1 Expression Swing with Adaptive Seat
$5,493.00 $5,493.00
1 FWR-OIG-TFreeNotes - Orange Flower with Inground Mount Kit $1,552.00 $1,552.00 1 FWR-YIG-TFreeNotes - Yellow Flower With inground Mount Kit $1,676.00 $1,676.00 1 28016 GT-Site - 8' P/S Ada Hd Picnic Table $2,422.00 $2,422.00 1 766 GT-Site - Wood Top And Seats, 6' $920.00 $920.00
1 1309 GT-Site - H.D. Accessible Picnic Table W/ Wood $1,005.00 $1,005.00 1 QRM486 GT-Shade - MS252535010 MULTI SAIL 25X25X35X10 $20,838.00 $20,838.00 1 X13988 GT-Shade - Sealed Drawings w/Calculations $1,294.00 $1,294.00 8 28009 GT-Site - 6' P/S Bench W/Back Inground $1,061.00 $8,488.00 2 QRI196 GT-Shade - GTCU202010IG CANTI UMB 20X20X10 W/GLD $11,180.00 $22,360.00 1 54219 GT-Impax - Supply and Installation 5424 SF 50% Color 50% Black Pour In Place SurfacingAREA 1- ENDURAFLEX Quote includes 2,950 sf of EnduraFlex with a color mix of 50% Black and 50% Standard Color TBD with AROMATIC urethane binder.

Quote includes a 3.75" system comprised of a 3.25" cushion layer and a 0.5" wear layer accounting for up to a 8' fall height.

Quote includes One (1) Hopscotch Area- 100% Beige color for outline and numbers.

AREA 2- ENDURAFLEX
Quote includes 2,474 sf of EnduraFlex with Turndown with a color mix of 50% Black and 50% Standard Color TBD with AROMATIC urethane binder.

Quote includes a 3.75" system comprised of a 3.25" cushion layer and a 0.5" wear layer accounting for up to a 8' fall height.

Quote includes One (1) Hopscotch Area- 100% Beige color for outline and numbers.

Quote includes Turndown into EWF up to 18" approximately 135 LF.

All work to be completed in one (1) Mobilization

ADD ALT - DESIGN WORK
Quote includes an optional upgrade to Simple Design in both areas with two (2) total color mixes.
$147,458.00 $147,458.00
1 RDU GameTime - PowerScape Custom Designed 5-12 Play Structure $187,931.78 $187,931.78 1 RDU GameTime - ADA PrimeTime 2 Bay Swing, 1 Expression Swing w/ Adaptive Seat, 2 Belt Seats, and 1 Zero G 5-12 Seat
$8,025.00 $8,025.00
1 6376 GameTime - Duo Spinner $2,751.00 $2,751.00
1 38112 GameTime - Log Crawl Thru $8,886.00 $8,886.00

C/O MRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Em: [email protected]
Web: www.mrcrec.com
11/04/2025
Quote #
113314-01-24
CA Atherton City of Holbrook- Palmer Park Inclusive Playground

Quantity Part # Description Unit Price Amount
2 6197 GameTime - Backhoe Digger $1,544.00 $3,088.00
2 38249 GameTime - Tree Stump Bench $3,400.00 $6,800.00 1 6262 GameTime - Inclusive Whirl - Basic $16,933.00 $16,933.00 1 3249 GameTime - Harmonic Chimes (set of 7) $10,433.00 $10,433.00 1 14928 GameTime - NDS Inclusive Play Sign Package
1 14928 GameTime - NDS Inclusive Play Sign Package
1 14927 GameTime - NDS Play On Sign Package
1 INSTALL GameTime - by a certified GameTime installer- - Provide & Install 6' Temporary Construction Fence for Duration of the Project - Demo Existing Play Equipment, Fence, Gazebo Including Footings & Dispose of Off-Site - Excavate & Off Haul Existing Engineered Wood Fiber approx 4,170 sf @ 12 " DeepExcavate & Off Haul Existing Wood Mulch & Soil to Expand the Play Area approx 2,505 sf @ 10 " Deep +/-
- Excavate & Off Haul Sand Approx 500 sf @ 12" Deep
- Demo & Remove PIP Rubber approx 1,750 sf
- Demo & Off Haul Existing Concrete Curb approx 70 lf
- Form & Pour approx 152 lf of New 8" x 12" Deep Curb on a Radius to Expand Play Area - Supply, Spread & Compact Base Rock for PIP Rubber approx 5,955 sf @ 9" +/- Deep With Turndown in 5-12
- Supply, Spread & Compact approx 600 sf of 2" Decomposed Granite on top of 4" of Base Rock
- Install All GameTime Equipment & Site Furnishings listed above - Supply & Install Play Sand
- Supply & Install Wood Fiber approx 145 CY @ 12"
- 275 LF of 4' high Surface Mounted Ameristar Fence
- Drainage System including 4" of excavation, 4" of drain rock & filter fabric approx 3,000 sf +/- - Includes Prevailing Wages
$686,507.00 $686,507.00
Contract: OMNIA #2017001134 Sub Total $1,190,573.78
Discount ($55,240.14)
Material Surcharge $10,832.04
Freight $15,944.07
Tax $29,147.50
Total $1,191,257.25
Comments
Bonds are not included and will be an addional cost if required Acceptance of equipment and off loading is not included in price LS af
CHOOSE YOUR COLOR SCHEME: IT IS VERY IMPORTANT THAT YOU CHOOSE A COLOR SCHEME FOR YOUR MODULAR PLAYGROUND UNIT AT TIME OF ORDER. PLEASE SELECT FROM ONE OF THE MANY "PLAY PALETTES" LISTED IN THE BACK OF THE GAMETIME CATALOG OR ON OUR WEBSITE: www.gametime.com. INDICATE YOUR SELECTION BELOW. GAMETIME PLAY PALETTE:
___________________________ NOTE: COLOR SELECTION FOR ALL OTHER EQUIPMENT SHOULD BE ENTERED IN THE SPACE PROVIDED UNDER THAT SPECIFIC ITEM.

C/O MRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Em: [email protected]
Web: www.mrcrec.com
11/04/2025
Quote #
113314-01-24
CA Atherton City of Holbrook- Palmer Park Inclusive Playground

This quotation is subject to policies in the current GameTime Park and Playground Catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless otherwise noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to GAMETIME, c/o Marturano Recreation. Kindly issue one order for the equipment and a separate order for surfacing and/or equipment installation services. Customer is responsible for any required permits and fees pertaining to such permits.

PRICING / PAYMENT: Pricing f.o.b. factory, firm for 30 days from date of quotation. Payment terms: Purchase order made payable to GameTime. 75% due Net 30 days after ship date and 25% balance due upon completion of project for tax supported governmental agencies. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted.

TAXES: State and local taxes, if applicable, will be added at time of invoicing unless a tax exempt certificate is provided at the time of order entry.

FREIGHT/SHIPMENT: Freight charges: Prepaid and added at time of invoicing. Shipment: order will ship within 12-18 weeks after GameTime’s receipt and acceptance of your PURCHASE ORDER, signed quotation and color selections.

RECEIPT OF GOODS: Customer is responsible for unloading and uncrating equipment from truck. Customer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment.

INSTALLATION: Installation by a Gametime Certified Installer.

Customer is responsible for calling 888-DIG-SAFE a minimum of 72 hours before installation is to begin.

Direct access is required for large construction vehicles.

Customer is responsible for accepting delivery, storage of equipment and transporting equipment from storage to the site, if storage is other than installation site.

Customer will be responsible for unloading the truck and disposal of packaging.

The installation of border timbers is not included in the above price.

Unforeseen subsurface obstructions may incur additional charges.

EXCLUSIONS: unless specifically included, this quotation excludes all site work and landscaping; acceptance of equipment and off-loading; storage of goods prior to installation; safety surfacing; borders and drainage provisions.

TO ORDER: Please complete the acceptance portion of this quotation and provide color selections, PURCHASE ORDER and other key information requested. Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.

Sales Representative: Leo Seavey

C/O MRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Em: [email protected]
Web: www.mrcrec.com
11/04/2025
Quote #
113314-01-24
CA Atherton City of Holbrook- Palmer Park Inclusive Playground

Acceptance of quotation: (ALL INFORMATION REQUIRED)
Accepted By (printed): ________________________________ P.O. No: ___________________________________ Signature: _____________________________________________ Date: ______________________________________ Title: __________________________________________________ Phone: _____________________________________ Email:_________________________________________________ Facsimilie: _________________________________ Purchase Amount: $1,191,257.25
Order Information: (ALL INFORMATION REQUIRED)
Bill To: ________________________________________________ Ship To: ____________________________________ Bill To Contact: ________________________________________ Ship To Contact: ___________________________ Bill To Email:___________________________________________ Ship To Email: ______________________________ Bill To Phone: _________________________________________ Ship To Phone: (Office):______________________ (Cell):________________________
Bill to Address: _________________________________________ Ship To Address: _____________________________ Bill To City, State, Zip: __________________________________ Ship To City, State, Zip: ________________________ SALES TAX EXEMPTION CERTIFICATE #:_____________________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)

C/O MRC
PO Box 106
Spring Lake, NJ 07762
Ph: 732-458-1111
Em: [email protected]
Web: www.mrcrec.com
11/04/2025
Quote #
113314-01-24
CA Atherton City of Holbrook- Palmer Park Inclusive Playground

Item No. 8
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL

GEORGE RODERICKS, CITY MANAGER
FROM: STEVE McCULLEY, CHIEF OF POLICE
DATE: NOVEMBER 19, 2025
SUBJECT: ADOPT A RESOLUTION AUTHORING AN HOURLY WAGE

RATE INCREASE FOR PER DIEM DISPATCHERS

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution approving an increase in the hourly wage for Per Diem Police Dispatchers from $59.39 to $65.00 per hour, effective December 1, 2025, to assist with recruitment and retention efforts and to remain competitive with surrounding law enforcement agencies.

BACKGROUND
The Police Department relies on Per Diem Dispatchers to provide critical support in the Town’s Communications Center. These dispatchers are essential to maintaining adequate staffing levels, ensuring timely responses to emergency and non-emergency calls, and providing relief coverage during periods of full-time staff absences, vacations, and training. In recent years, recruitment and retention of qualified dispatch personnel has become increasingly difficult. Many neighboring jurisdictions have increased their dispatcher compensation to attract and retain skilled staff, resulting in a competitive disadvantage for our department.

ANALYSIS
A fulltime Dispatcher/Records Assistant position with the Town (at top stop) is a salaried position at $123,535.92 per year. The hourly rate for this position at that top step is $59.39. When the Town engages a per diem dispatcher to fill a short-term vacancy due to vacation, training, or other absences, the Town pays that per diem dispatcher at the same hourly rate as the fulltime dispatcher at top step. Per diem dispatchers do not receive benefits from the Town.

If the Town is unable to engage a per diem dispatcher, a fulltime dispatcher must be called in to fill the shift at their overtime rate ($89.09 – time and a half).

Request for an increase to the hourly wage rate for per diem dispatchers November 19, 2025

A survey of comparable local agencies (see Table 1 below) indicates that the Town’s current per diem hourly rate is below the regional average.

Atherton PD $59.39
Belmont PD $64.74
Campbell PD $63.42
Colma PD $61.13
Foster City PD $61.77
Hillsborough PD $55.00
Los Altos PD $80.48
Los Gatos/Monte Sereno PD $64.99
Menlo Park PD $68.92
Palo Alto PD $71.38
Redwood City PD $80.00
San Mateo PD $58.96
San Mateo County Public Safety
Dispatch
$53.68 - $67.09
South San Francisco PD $52.79
AVERAGE (Excluding Atherton) $65.44
Increasing the hourly rate will allow the department to remain competitive in the regional labor market and improve the ability to attract qualified per diem applicants to fill short term vacancies.

POLICY FOCUS
The policy focus for the Council with this issue is aligning the Town’s per diem dispatcher pay rate more closely with the regional average to enhance the Town’s ability to attract and retain per diem dispatchers willing to fill in for shifts at the Atherton PD. Absent a pay rate that is more consistent with the regional average, the Town is not as able to attract per diem dispatchers willing to fill shifts and the Town must backfill those shifts with fulltime dispatchers at the overtime rate.

GOAL ALIGNMENT
Goal F - Be Forward Thinking,Well Managed, Well Planned Town

FISCAL IMPACT
This will result in a positive fiscal impact as the use of per diem dispatchers, even at the higher rate, is still a lower cost than using fulltime dispatchers at an overtime rate.

Request for an increase to the hourly wage rate for per diem dispatchers November 19, 2025

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 District, service provides (water, power, and sewer), and regional elected officials.

COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item ____ has or __X___ has not been before a Town Committee or Commission.

ATTACHMENTS

1. Resolution Adjusting the Pay Rate for Per Diem Dispatchers

Exhibit A
#REF! #REF!
Group Job Class Title Dept Code Step Hourly Bi-Weekly Monthly Annually Police/APOA Rate Effective 07/01/2025
Police- Per-Diem 80 hours shift Per-Diem Dispatcher 40 E 59.39 4,751.38 10,294.66 123,535.92 Police- Per-Diem 80 hours shift Per-Diem Dispatcher 40 E 65.00 5,200.00 11,266.67 135,200.00 Update Effective 12/1/2025

TOWN OF ATHERTON
Salary Schedule
FY 2025-2026
Salary Schedule FY 2025-26 Town of Atherton 1 of 1

RESOLUTION NO. 25-xx

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF

ATHERTON AUTHORIZING AN HOURLY WAGE INCREASE FOR PER DIEM

DISPATCHERS
_________________________________________
WHEREAS, the Police Department relies on Per-Diem dispatchers to provide critical support in the Town’s Communication Center. They are essential to maintaining adequate staffing levels, ensuring timely responses to emergency and non-emergency calls, and providing relief coverage during periods of full-time staff absences, vacations, and training; and WHEREAS, in recent years recruitment and retention of qualified dispatch personnel have become increasingly difficult as many neighboring jurisdictions have increased their dispatcher compensation to attract and retain skilled staff, resulting in a competitive disadvantage to our department; and
WHEREAS, a full time Dispatcher/Records Assistant top step hourly rate is $59.39, and it is the same rate that is paid to engage a per diem dispatcher to fill a short-term vacancy relief coverage of full-time staff absences. Per diem dispatchers do not receive benefits from the Town; and
WHEREAS, if the Town is unable to engage a per diem dispatcher, a full-time dispatcher must be called in to fill the shift at an overtime rate of $89.09; and WHEREAS, a survey of comparable local agencies indicates the Town’s current per diem hourly rate is below the regional average of $65.44. Thus, the policy focus is to align the Town’s per diem dispatcher pay rate more closely to the regional average. This enhances the ability to attract and retain per diem dispatchers willing to fill shifts at the Atherton Police Department; and
WHEREAS, absent a pay rate increase up to the regional average, the Town is not able to attract per diem dispatchers to fill shifts and is forced to backfill with fulltime dispatchers at an overtime rate; and
WHEREAS, the Per-Diem hourly rate is reflected in the Fiscal Year 2025-26 Salary Schedules and Classifications in “Exhibit A”; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the Town of Atherton does hereby amends the Per Diem Dispatcher hourly rate in the Fiscal Year 2025-26 Salary Schedules and Classifications in Exhibit "A" and increases the hourly rate from $59.39 to $65.00, effective December 1, 2025.

PASSED AND ADOPTED at a meeting of the City Council of the Town of Atherton held on the 19th day of November 2025 by the following vote:

AYES: Council members:

NOES: Council members:

ABSENT: Council members:
________________________
Elizabeth Lewis, MAYOR
Town of Atherton
ATTEST:
____________________________
Anthony Suber, City Clerk
APPROVED AS TO FORM:
____________________________
Mona Ebrahimi, City Attorney

Item No. 9
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: NOVEMBER 19, 2025
SUBJECT: ATHERTON TRAIN STATION MUSEUM – CALTRAIN SIGN

OPTIONS

RECOMMENDATION
It is recommended that the Council review several options for a refresh of the Caltrain sign identifying the new Atherton Train Station Museum.

BACKGROUND
There is an existing Caltrain Station sign at Fair Oaks just north of the Atherton Station. The sign currently identifies the station and includes a temporary placard noting its closure.

With the forthcoming opening of the Train Station Museum, staff will be updating the sign to reflect the new use. Any modifications will consist of flat, cosmetic overlays, and all changes must be approved by Caltrain.

Councilmember DeGolia serves on a City Council Subcommittee working with staff and a community representative (former Councilmember Hawkins-Manuelian). Staff has prepared several options for refreshing the sign, and it was recommended that the full Council provide input on the preferred approach.

ANALYSIS
Attached are five draft refresh options for your consideration, along with an image of the existing sign. The recommendation is to retain the Caltrain logo at the top and apply any updates within the lower portions of the sign.

Options 4 and 5 incorporate a Train Station Museum logo that staff created for use as a temporary floor decal at the Grand Opening. While originally intended only for that event, the logo could be adapted for longer-term use on the refreshed sign.

It is recommended that the Council review the options and provide feedback.

CALTRAIN SIGN REFRESH OPTIONS
NOVEMBER 19, 2025

FISCAL IMPACT
Fiscal impact is solely the cost and installation of the application overlays for the sign. There is no significant fiscal impact.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal E - Maintain and Improve Public Infrastructure

POLICY FOCUS
There are no policy issues related to this item.

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. Caltrain Sign Options

Current Sign
Option #1

Option #2 Option #3

Option #4 Option #5

Item No. 10
Town of Atherton
CITY COUNCIL STAFF REPORT – REGULAR AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: NOVEMBER 19, 2025
SUBJECT: ADOPTION OF RESOLUTION APPROVING 4TH AMENDMENT

TO THE FRANCHISE AGREEMENT WITH GREENWASTE
RECOVERY, INC.

RECOMMENDATION
It is recommended that the Council a Resolution approving the 4th Amendment to the Franchise Agreement with Greenwaste Recovery, Inc. (“Greenwaste”) for Collection and Processing of Waste, Mixed Compostable Materials, Recyclable Materials and Yard Trimmings.

BACKGROUND
The Town and GreenWaste are parties to a franchise agreement for waste services dated November 19, 2020. The agreement sets annual base compensation adjustments for GreenWaste. In 2025, the base compensation increased by 11%. To reduce the impact on ratepayers, the Town temporarily reduced its Franchise Fee to 5%.

In 2026, the agreement again requires an 11% increase to base compensation. The Town’s Refuse Subcommittee (Councilmembers Widmer and DeGolia) reviewed available resources in the Town’s Rate Stabilization Fund, along with the remaining 5% Franchise Fee capacity, and recommends that the Council consider using a combination of both tools to lessen the impact of the adjustment on ratepayers.

At the October Regular Meeting, during discussion of roll-off bin amendments, the Council set a target effective rate increase for ratepayers of approximately 8%.

ANALYSIS
The Refuse Subcommittee met with GreenWaste to review options for achieving the Council’s target effective rate increase of 8% for 2026. Under the existing franchise agreement, remaining base compensation adjustments are fixed as follows:
2026 – 11%
2027 – 8%

Adoption of 4th Amendment to Franchise Agreement with Greenwaste NOVEMBER 19, 2025

2028 – 5%
2029 – 2035 – CPI
These increases translate directly into ratepayer impacts unless offset by other available tools.

To lessen these impacts in 2026 and to provide greater stability for future years, the Subcommittee worked with GreenWaste to smooth out projected rate adjustments over the remaining term of the agreement. This approach uses a combination of the Town’s Rate Stabilization Fund (approximately $530,000), delayed increases in based compensation, and incremental restoration of the Town’s Franchise Fee to its full 10% level. These tools collectively reduce the effect of the contractual base compensation increases while meeting the Council’s direction for predictability in rates.

By 2035, the Town’s Franchise Fee will be fully restored to 10%, and annual adjustments will revert to CPI-only.

Year 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035
Contract 11% 8% 5% CPI CPI CPI CPI CPI CPI CPI
Franchise
Fee

4.7% 4.5% 3% 4% 5.7% 7.8% 9.8% 9.9% 10% 10%
Rate
Stabilization
Funds
~$125k ~$225k ~$150k $30k
Effective
Rate
Increase
8% 6% 5% 3%+CPI 2%+CPI 2%+CPI 2%+CPI CPI CPI CPI
The Refuse Subcommittee recommends that the City Council adopt the attached Resolution approving the Fourth Amendment to the Franchise Agreement with GreenWaste.

FISCAL IMPACT
Fiscal impact for 2026 is a 0.3% reduction in anticipated Franchise Fee Revenue which equates to approximately $7,000.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal D - Be Forward Thinking
• Goal C - Maintain Conservative Fiscal Policies and Financial Transparency

POLICY FOCUS
Policy focus for the discussion is the use of Town General Funds and funds within the Rate Stabilization Fund to offset refuse service delivery costs for rate payers.

PUBLIC NOTICE

Adoption of 4th Amendment to Franchise Agreement with Greenwaste NOVEMBER 19, 2025

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. Resolution Adopting 4th Amendment

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ATHERTON APPROVING A 4TH AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE TOWN OF ATHERTON AND GREENWASTE RECOVERY, INC. FOR COLLECTION

AND PROCESSING OF WASTE, MIXED COMPOSTABLE MATERIALS,

RECYCLABLE MATERIALS AND YARD TRIMMINGS
WHEREAS, the Town and GreenWaste are parties to a franchise agreement for waste services dated November 19, 2020 which was later amended; and, WHEREAS, the Agreement identifies an 11% rate increase in year 2026; and, WHEREAS, the Town wishes to minimize rate increases to its residents, and thus, wishes to continue reduction of its Franchise Fee so that GreenWaste, in turn does not implement the full base rate of 11% on ratepayers, but instead only implements an 8% increase while the Town makes up the difference for the 3% through a combination of funds from the Rate Stabilization Fund and an offset of its Franchise Fee to 4.7%; and,
WHEREAS, the cost to customers for GreenWaste's services are imposed in an amount less than or equal to the cost necessary to carry out waste services, do not exceed the reasonable cost of providing the services necessary to the activity on which the fees are based because the Town subsidizes those costs, and are directly to offset GreenWaste's costs in providing waste services.

WHEREAS, the Parties anticipate that future amendments to rates, franchise fee amounts, and other similar provisions may be necessary and commit to discussing these again in 2026, to be effectuated in 2027; and,
WHEREAS, the Parties now wish to amend the Agreement to reflect a reduction in rates charged to customers.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the Town of Atherton does hereby approve the attached 4th Amendment to the Franchise Agreement with Greenwaste Recovery, Inc. attached hereto.

PASSED AND ADOPTED at a meeting of the City Council of the Town of Atherton held on the 19th day of November 2025 by the following vote:

AYES: Council members:

NOES: Council members:

ABSENT: Council members:

Elizabeth Lewis, MAYOR
Town of Atherton

ATTEST:

Anthony Suber, City Clerk
APPROVED AS TO FORM:

Mona Ebrahimi, City Attorney

Cart Size BASE SERVICES*
Minimum Monthly Flat Fee $33.04
20-Gallon GRAY Cart $37.00
32-Gallon GRAY Cart $71.36
64-Gallon GRAY Cart $129.51
96-Gallon GRAY Cart $186.34
Cart Size GRAY Cart (Ea.) BLUE Cart (Ea.) GREEN Cart (Ea.) Qty 1-2
GREEN Cart
(Ea.) Qty 3-4
GREEN Cart
(Ea.) Qty 5+
20-Gallon Cart $37.00 n/a n/a
32-Gallon Cart $71.36 n/a n/a
64-Gallon Cart $129.51 $4.04 n/a
96-Gallon Cart $186.34 $4.04 zero $32.35 $40.44
Plus trip fee-1-trip fee per comodity $25.70 $25.70 $25.70 Extra pick-up Cart 20gl (non-scheduled day) $8.99 n/a n/a Extra pick-up Cart 32gl (non-scheduled day) $17.35 $4.42 $8.85 Extra pick-up Cart 64gl (non-scheduled day) $62.97 $16.06 $32.11 Extra pick-up Cart 96gl (non-scheduled day) $135.88 $34.65 $69.31 One (1) Solid Waste
Cart
Two (2) Solid Waste
Carts
Three (3) Solid Waste
Carts
Four (4) Solid
Waste Carts
Distance from Curbside Base monthly Solid
Waste Rate plus
Base monthly Solid
Waste Rate plus
Base monthly Solid
Waste Rate plus
Base monthly
Solid Waste Rate
plus
0-100 feet $28.36 $41.92 $81.63 $120.43
101-150 feet $32.42 $45.88 $85.69 $124.48
151 – 200 feet $36.47 $49.85 $89.73 $128.53
201 – 250 feet $40.52 $53.81 $93.79 $132.58
251 – 300 feet $44.58 $57.78 $97.85 $136.64
301 feet or more $48.62 $61.74 $101.89 $140.69
Material Type Per Each Set-out Set-out Equivalent Per Item Rate Service Description Excess GRAY Material $22.49 32-gallon $0.00 Bulky Item Pick-up (first 2 are free) Excess BLUE Material $9.67 32-gallon $104.80 Bulky Item Pick-up (After 2) Excess GREEN Material $14.09 32-gallon $57.82 Per Item Surcharge for Freon Box Size Type Pull Rate Weight Included Cost Per Add'l Ton 10- Cubic Yard Mixed Debris or C&D $449.77 up to 3 tons 95% of Gate Rate at Zanker 20- Cubic Yard Mixed Debris or C&D $449.77 up to 4 tons 95% of Gate Rate at Zanker 40- Cubic Yard Mixed Debris or C&D $449.77 up to 6 tons 95% of Gate Rate at Zanker 10- Cubic Yard Dirt or Concrete $449.77 up to 8 tons 95% of Gate Rate at Zanker 10- Cubic Yard Dirt and Concrete $449.77 up to 8 tons 95% of Gate Rate at Zanker Bin Size Delivery/Retrieval Collection Services Total Rate 1-Cubic Yard Bin $77.10 $436.11 $513.21
2-Cubic Yard Bin $77.10 $673.99 $751.09
Container Size 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 96-Gallon (on-call) $240.52 $481.05 $721.57 $962.09 $1,202.62 $1,443.14 1-Cubic Yard Bin $436.11 $872.23 $1,308.34 $1,744.46 $2,180.57 $2,616.68 2-Cubic Yard Bin $673.99 $1,347.99 $2,021.98 $2,695.98 $3,369.97 $4,043.96 3-Cubic Yard Bin $919.80 $1,839.61 $2,759.41 $3,679.22 $4,599.02 $5,518.82 4-Cubic Yard Bin $1,157.68 $2,315.37 $3,473.05 $4,630.74 $5,788.42 $6,946.10 6-Cubic Yard Bin (on-call) $1,395.56 $2,791.13 $4,186.69 $5,582.26 $6,977.82 $8,373.39 8-Cubic Yard Bin $1,839.61 $3,679.22 $5,518.82 $7,358.43 $9,198.04 $11,037.65 Extra pick-up Cart 96gl $58.47
Extra bag pick-up $5.25
Extra bin pick-up 1-yard $106.02
Extra bin pick-up 2-yard $163.84
Extra bin pick-up 3-yard $223.60
Extra bin pick-up 4-yard $281.43
Extra bin pick-up 6-yard $339.25

EXCESS SERVICES EXTRA SERVICES

DEBRIS BOX SERVICES NOT TO EXCEED

BIN-BY-THE-DAY SERVICES

BASE SERVICES FOR NON-RESIDENTIAL COLLECTION RATES - MONTHLY RECURRING SERVICES BASE SERVICES: Non-Residential MIXED COMPOSTABLES Monthly Collection Rates (Non-Residential RECYCLING Services Included at No-Charge) GreenWaste Recovery LLC
Annual Rate Increase - January 2026
EXHIBIT A: Initial Service Recipient Rates

RESIDENTIAL COLLECTION RATES - MONTHLY RECURRING SERVICES *BASE SERVICES include one (1) 96-gallon BLUE Cart and up to two (2) GREEN Carts for no additional charge. GREEN Carts must be placed CURBSIDE for Collection.

ADDITIONAL SERVICES

BACKYARD COLLECTION SERVICE DISTANCE COSTS FOR RESIDENTIAL

RESIDENTIAL COLLECTION RATES - MONTHLY NON-RECURRING SERVICES

Extra bin pick-up 8-yard $447.20
Container Size 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 96-Gallon (on-call) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1-Cubic Yard Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
2-Cubic Yard Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
3-Cubic Yard Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
4-Cubic Yard Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
6-Cubic Yard Bin (on-call) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8-Cubic Yard Bin $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Extra pick-up Cart 96gl $45.87
Extra bin pick-up 1-yard $45.87
Extra bin pick-up 2-yard $45.87
Extra bin pick-up 3-yard $45.87
Extra bin pick-up 4-yard $45.87
Extra bin pick-up 5-yard $45.87
Extra bin pick-up 8-yard $45.87
Container Size 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 96-Gallon $39.65 $79.29 $118.94 $158.59 $198.23 $237.88 Plus trip fee-1-trip fee per comodity $44.99
Extra pick-up Cart 96gl $9.62
Extra bag pick-up $8.45
Dismount Fee $5.25
Push/Pull Distance 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week Distance Charge for Non-Residential Accounts $43.61 $87.22 $130.83 $174.45 $218.06 $261.67 Distance Charge for Non-Residential Accounts $109.03 $218.06 $327.09 $436.11 $545.14 $654.17 Distance Charge for Non-Residential Accounts* 10% of base rate 51-100 feet from access by Contractor's collection vehicle.

Distance Charge for Non-Residential Accounts* 25% of base rate 101 feet or more from access by Contractor's collection vehicle.

Account RE-START Fee – Administrative Fee $12.85 Account Reinstatement Fee.

Container RE-DELIVERY Fee – Delivery of Removed Cart(s) $32.12 Per Vehicle Trip.

Container DELIVERY/SWAP Fee $32.12 Per Vehicle Trip.

Cart CLEANING/SWAP Fee $64.25 Per Vehicle Trip.

Bin CLEANING/SWAP Fee $109.22 Per Bin.

One-Time ADDITIONAL COLLECTION - Cart Collection Go-Back/Trip Fee $25.70 Per Vehicle Trip. - Use with extra pick-up Bin NON-SCHEDULED Collection Go-Back/Trip Fee $44.98 Per Bin.

LATE Fee – Applies on past due balances of 30-days or more. 1.5% Periodic monthly rate (APR of 18%, minimum $2.00 fee).

Commercial One-Time ADDITIONAL COLLECTION - Collection Charge $25.70 Per Collection.

One-Time ADDITIONAL COLLECTION - Processing Charge for Extra Material 25% Of the 1x/week collection rate.

Residential No Charge Enclosure Fee that has BYSNOCH letter $0.00 This was created on 6/11/2021 per Ereida, Emily and Kate Residential ENCLOSURE/LOCK Fee $6.42 Per Month, Per Enclosure.

Non-Residential ENCLOSURE Fee (w/ Lock) - weekly $19.27 Per Collection.

Non-Residential ENCLOSURE Fee (w/ Lock)- 3 times a week $57.82 Per Collection.

Non-Residential ENCLOSURE Fee (w/ Lock)- 4 times a week $77.10 Per Collection.

Non-Residential ENCLOSURE Fee (w/o Lock) $12.85 Per Collection.

LOCKING BIN Installation Charge $64.25 Per Installation.

Cart REPLACEMENT Fee – if damaged by customer. $77.10 Per Cart.

Bin REPLACEMENT Fee – if damaged by customer. 50% Of monthly rate of an equivalent Bin based on subscription level.

Back-yard Exempt $0.00
Requested no REC carts $0.00
Requested no YT carts $0.00
Battery $0.00
Driver/Operator $134.92 Per Hour*
Rear Loader $64.25 Per Hour*
Claw Tractor $51.40 Per Hour*
10- Cubic Yard Debris Box $738.91 Per Bin (excluding material) 10- Cubic Yard Debris Box $738.91 Per Bin (excluding material) E-Waste Collection Flat Bed $738.91 Per Flatbed Truck
Emergency Material Processing/Disposal Gate Rate Per Cubic Yard or Ton *Additional Misc. Charges shall be applied for Non-Residential RECYCLING Services, as applicable (the basis for Distance Charges shall be the Mixed Compostables rate) *Per hour rates will also include travel time.

ADDITIONAL MISC. CHARGES

EMERGENCY SERVICE RATES
Non-Residential RECYCLABLE MATERIALS Monthly Collection Rates BASE SERVICES: Non-Residential YARD TRIMMINGS Monthly Collection Rates Non-Residential PUSH/PULL Monthly Collection Rates

4923-7489-2663.1

FOURTH AMENDMENT TO
The Franchise Agreement Between the Town of Atherton and GreenWaste Recovery, Inc. for Collection and Processing of Waste, Mixed Compostable Materials, Recyclable Materials and Yard Trimmings
This Fourth Amendment (“Fourth Amendment”) to the Waste, Mixed Compostable Materials, Recyclable Materials and Yard Trimmings Collection and Processing Franchise Agreement (“Franchise Agreement”) dated November 19, 2020, is made and entered into this 19th day of November, 2025 by and between the Town of Atherton, a municipal corporation State of California (“Town”), and GreenWaste Recovery, Inc., a California corporation (“GreenWaste”).

The Town and GreenWaste are collectively referred to as the "Parties."

RECITALS
WHEREAS, the Town and GreenWaste are parties to a franchise agreement for waste services dated November 19, 2020 which was later amended; and, WHEREAS, the Agreement identifies an 11% rate increase in year 2026; and, WHEREAS, the Town wishes to minimize rate increases to its residents, and thus, wishes to continue reduction of its Franchise Fee so that GreenWaste, in turn does not implement the full base rate of 11% on ratepayers, but instead only implements an 8% increase while the Town makes up the difference for the 3% through a combination of funds from the Rate Stabilization Fund and an offset of its Franchise Fee to 4.7%; and,
WHEREAS, the cost to customers for GreenWaste's services are imposed in an amount less than or equal to the cost necessary to carry out waste services, do not exceed the reasonable cost of providing the services necessary to the activity on which the fees are based because the Town subsidizes those costs, and are directly to offset GreenWaste's costs in providing waste services.

WHEREAS, the Parties anticipate that future amendments to rates, franchise fee amounts, and other similar provisions may be necessary and commit to discussing these again in 2026, to be effectuated in 2027; and,
WHEREAS, the Parties now wish to amend the Agreement to reflect a reduction in rates charged to customers.

NOW THEREFORE, the parties agree to amend the Agreement as follows:

1. Recitals. The above recitals are true and correct and incorporated herein fully.

2. Effective Date. This Fourth Amendment shall take effect immediately upon the final execution by authorized representatives of the Town and GreenWaste and shall remain in effect for the duration of the Franchise Agreement, unless otherwise amended or terminated by mutual consent of both parties.

3. Definitions. For purposes of this Amendment, the terms set forth in the Agreement shall apply unless otherwise expressly modified herein.

4923-7489-2663.1

4. Amendments to Agreement:
a. The first sentence of Section 12.5.1 Payments to Town of the Agreement shall be amended as follows: "Franchisee shall, in partial consideration for granting the exclusive franchise granted to Franchisee, remit to Town, within thirty (30) days of the end of each month, a Franchise Fee in the amount of 4.7% of Franchisee’s monthly Gross Billings for year 2026."
b. Section 13.2.2 of the Agreement shall be replaced in its entirety to read "On January 1, 2026, Franchisee's Base Service Compensation shall be adjusted by eleven (11%) percent.
c. Exhibit A of the Agreement is replaced with Exhibit A attached this Fourth Amendment.

5. Annual Rate Evaluation Meeting. As indicated in Section4, above, the effective rate increase for ratepayers in 2026 will be eight (8%) percent. Beyond 2026, and notwithstanding Section 13.2.2 of the Agreement, the Town and GreenWaste shall convene during the third (3rd) quarter (typically, June/July) of each calendar year to determine an effective rate increase for the ratepayers for successive calendar years with the ultimate goal of gradually increasing the effective rate to the amount that will cover actual costs and then restore the Town's franchise fee back to ten (10%) perfect. Both parties shall review the current and projected revenue needs, and assess the necessary rate adjustments to ensure all obligations under the Franchise Agreement are met, with the aforementioned goals in mind.

6. Revenue Shortfall Responsibility. In the event that the rate increase agreed upon during the Annual Rate Evaluation Meeting, as described in Section 5 above, does not generate sufficient revenue to cover the financial obligations under the Franchise Agreement, the Town shall be financially responsible for covering the net difference required to meet such obligations.

7. Documentation and Transparency. The Town and GreenWaste shall document the process and findings of each annual rate evaluation meeting, ensuring transparency and open communication regarding the rate-setting process and any fiscal responsibilities resulting therefrom. Under no circumstances shall rates exceed the reasonable cost of providing the services necessary by GreenWaste.

8. Future Changes. The Parties acknowledge that future changes to this Amendment or the Agreement may be desirable to assist the parties with their respective compliance obligations under the SB 1383 Regulations or subsequent amendments thereto or interpretations thereof, or pursuant to the Agreement. The Parties agree to negotiate any such proposed changes in good faith but that any modifications must be in writing and approved by both parties.

The foregoing shall not be deemed to limit either Party’s rights or remedies under the Agreement.

9. Miscellaneous. In the event of any conflict between this Fourth Amendment and the Agreement, this Fourth Amendment shall govern. Section headings in this Fourth Amendment are for convenience only and shall not be used in the interpretation of this Amendment. This Fourth Amendment may be executed in counterparts and/or by electronic signature (e.g. DocuSign). As used in this Fourth Amendment, “including” and its variants mean “including without limitation.” All Parties have been represented by counsel in the preparation and negotiation of this agreement, and this agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved

4923-7489-2663.1
against the drafting party shall not be employed in interpreting this agreement. Unless the context clearly requires otherwise: (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; and (e) “includes” and “including” are not limiting.

10. Legal Effect. Except as expressly modified by this Fourth Amendment, all of the terms and conditions of the Agreement and Amendments (first, second, and third) shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, this Fourth Amendment is entered into as of the date of the last signature, below.

Date: __________________ By: _____________________________ George Rodericks, City Manager
GREENWASTE RECOVERY, INC., A California
Corporation
Date: __________________ By: ______________________________ Tracy Adams, Chief Executive Officer
ATTEST:

By: ________________________________
Anthony Suber, City Clerk
APPROVED AS TO FORM:

By: ________________________________
Mona Ebrahimi, City Attorney

4923-7489-2663.1
Exhibit A