Item No.
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: CHRISTABEL SORIA MENDOZA, MANAGEMENT ANALYST I
DATE: JANUARY 21, 2026
SUBJECT: APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE
COUNTY OF SAN MATEO FOR IMPLEMENTATION OF SENATE BILL
1383 COMPLIANT COMPOST PROCUREMENT REQUIREMENTS
RECOMMENDATION
Staff recommend that the City Council approve a Memorandum of Understanding (MOU) between the Town of Atherton and the County of San Mateo for the administration of a Senate Bill (SB) 1383 compliant recovered organic waste product procurement program.
BACKGROUND
In 2016, the State of California passed SB 1383, which requires a 75% reduction in organic waste disposal by 2025. Regulations adopted by the Department of Resources Recycling and Recovery require jurisdictions to procure recovered organic waste products, including compost, at levels sufficient enough to meet annual procurement targets established by the State.
In response to these requirements, the Town along with other San Mateo jurisdictions participated with the County of San Mateo and the San Mateo Resource Conservation District in a collaborative compost procurement program(Program) in 2021. Between 2021 and 2024, the Program procured and applied almost 21,000 tons of compost countywide to local farms and rangelands, contributing to compliance with SB 1383 procurement requirements.
The existing Program is scheduled to conclude in 2026 unless a new agreement is established. The proposed MOU would allow the County to continue administering the Program on behalf of participating jurisdictions, including the Town, and provide procurement credit proportional to the Town contribution of 320 tons per year.
ANALYSIS
SB 1383 places ongoing responsibility, and soon enforcement, on jurisdictions to meet annual recovered organic waste product procurement targets. Atherton's target is 320 tons per year.
Jurisdictions may satisfy these requirements through direct procurement or by participating in regional programs that aggregate procurement and reporting activities.
Under the MOU, the County administers the compost procurement Program on behalf of the participating jurisdictions, including coordination with the Resource Conservation District (RCD), contract management, fiscal oversight, and reporting. The County would also allocate procurement credit to the Town in proportion to its financial contribution to the program. The Town would still be responsible for reporting procurement data to CalRecycle through its Electronic Annual Report.
Due to the large procurement target set for the Town, absent participation in the regional program, the Town cannot independently meet the requirements.
Participation in the County administered program allows the Town to leverage larger communal fund allocations, reduce duplicative administrative efforts, and avoid establishing independent jurisdiction procurement programs, adding more tasks to staff workload. The draft MOU (Attachment 1) outlines roles and responsibilities, invoicing procedures, recordkeeping requirements, and provisions for termination. The agreement has been structured to allow the Town to authorize participation on an annual or multiyear basis and to adjust or discontinue participation with written notice.
The MOU has been drafted to ensure consistency with SB 1383 regulatory requirements and prior countywide program structures.
CONCLUSION
The MOU requires Council approval. With Council approval, staff will execute the MOU and coordinate with the County regarding invoicing, reporting timelines, and authorization for participation in the 2026 calendar year procurement program. Staff will continue to monitor procurement requirements and report compliance through the Town Electronic Annual Report to CalRecycle.
ENVIRONMENTAL REVIEW
The proposed MOU was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) and the State CEQA Guidelines (the Guidelines).
Under Section 15061(b)(3) of the State CEQA Guidelines, the proposed MOU is exempt from the requirements of CEQA because it can be seen with certainty that the provisions it contains would not have the potential for causing a significant effect on the environment. The proposed MOU is also exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 as an action by a regulatory agency (the County, in this case) taken to protect the environment and natural resources.
POLICY FOCUS
Council consideration of the proposed MOU relates to the Town’s obligation to comply with State requirements under SB 1383. The MOU allows the County to administer compost procurement activities on behalf of the Town while the Town retains responsibility for meeting its annual procurement targets.
FISCAL IMPACT
Approval of the MOU authorizes the Town to participate in the SB 1383 compost procurement Program administered by the County of San Mateo and the Resource Conservation District. The contribution for calendar year 2026 is set at not to exceed $14,000 and will be invoiced by the County. Funds for participation in the Program are collected through the Town’s Franchise with Greenwaste Recovery; but the Town must budget the expenditure independently. The funding amount is within the City Manager’s signature authority.
Future participation and associated costs may be offset by the SB 1383 Local Assistance Grant Program, which provides funding to eligible jurisdictions for activities including capacity planning, collection, edible food recovery, education and outreach and procurement requirements.
If grant funding is not available or sufficient, participation and associated costs will require City Manager and/or Council approval through the annual budget process.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal 1 – Preserve Small Town Character and Quality of Life • Goal 3 – Maintain Conservative Fiscal Policies and Financial Transparency • Goal 4 – Be Forward Thinking
• Goal 5 – Maintain and Improve Public Infrastructure
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.
ATTACHMENTS
1. Draft Memorandum of Understanding between the Town of Atherton and the County of San Mateo for Implementation of SB 1383 Compliant Procurement Program
2. Resolution for SB 1383’s Compost Procurement Program