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