Atherton City Council
September 16, 2026

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• Does not modify the underlying ordinance or require meet-and-confer. • Supports enforcement of existing solicitation regulations.

FISCAL IMPACT
Minimal. Administration of the list will be handled by existing Police Department staff using current resources.

GOAL ALIGNMENT
Goal E – Strengthen Community Engagement and Transparency Goal F – Be a Forward-Thinking, Well-Managed, Well-Planned Town

PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item listed, at least 72 hours before the meeting, both 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, including but not limited to media outlets, school districts, Menlo Park Fire District, service providers (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. ____ Audit/Finance Committee (meets every other month)
____ Bicycle/Pedestrian Committee (meets as needed)
____ Civic Center Advisory Committee (meets as needed)
____ Environmental Programs Committee (meets every other month) ____ Park and Recreation Committee (meets each month)
____ Planning Commission (meets each month)
____ Rail Committee (meets every other month)
____ Transportation Committee (meets every other month) ____ Tree Committee (meets each month)

ATTACHMENTS

1. Ordinance of the Town of Atherton amending Chapter 5.20 of the Atherton Municipal Code relating to soliciting and canvassing, authorizing the Chief of police to create and maintain a “do not solicit” list.

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ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON AMENDING CHAPTER 5.20 OF THE ATHERTON MUNICIPAL CODE RELATING TO

SOLICITING AND CANVASSING
WHEREAS, the Town has a solicitation and canvassing ordinance that requires a proposed solicitor to obtain a permit before being allowed to solicit or canvass to residents; and, WHEREAS, the Town periodically receives complaints from residents who do not want any solicitation; and
WHEREAS, the Town wishes to amend the municipal code to allow residents to opt out of being solicited; and
WHEREAS, the Town wishes to amend the municipal code to reflect that permits are valid for 30 days.

The City Council of the Town of Atherton does hereby ordain as follows:

SECTION 1: Recitals.

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

SECTION 2: Amendment. Atherton Municipal Code Chapter 5.20 Canvassing and Solicitation, is hereby amended to read as follows:

Section 5.20.010 Purpose and Permit Required
The City Council finds that door-to-door solicitation, including appointments arranged through cold calling residents of the City, historically have generated complaints regarding the sale of goods, services, securities, investments, and other products. With unfortunate frequency, many solicitation schemes prey upon the elderly and infirm of the community. Without the requirement that such solicitors obtain a permit from the City, residents are exposed to higher risk of unfair sales and business practices by businesses and organizations with no physical presence in the City and therefore less accountability for their business practices. For these reasons, the City Council licensing of such businesses and their solicitor agents is required to protect the public, safety, and welfare. It is unlawful for any person or persons to enter in or upon any private residence, apartment, property or premises in the town for the purpose of soliciting or canvassing the owner or occupants thereof for orders for goods, wares, merchandise or services of any character or description, or for the purpose of offering to give or furnish any goods, wares, merchandise or services to any such owner or occupant in order to induce or invite any such order or orders, or for the purpose of soliciting subscriptions for books, newspapers, periodicals, magazines, or any other thing, or donations of money unless such person or persons shall have first applied for and received from the chief of police of the town a permit so to do.

Section 5.20.015 Definitions
For the purposes of this Chapter, the word “solicitor” includes all employees, agents, solicitors or representatives of any firm, irrespective of the form of organization, subject to the solicitation license requirement of this chapter.

September 16, 2026

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Section 5.20.050 Permit—Term—Revocation
A. All permits issued under the provisions of this chapter shall be issued for a period of thirty (30) days from the date thereof, and each such permit shall specify upon its face its expiration date.

B. A permit issued pursuant to this chapter may be immediately suspended or revoked during its term if the Police Chief or his/her designee finds in writing that one (1) or more of the following grounds exists:

1. That information in the latest application was untrue;

2. That the Town has acquired information supporting a finding that the applicant/permittee has a criminal conviction or a criminal conviction previously undisclosed; or,

3. That the applicant/permittee has violated one or more conditions imposed.

Section 5.20.060 Permit—Display
All permits issued under the provisions of this chapter shall be issued for a period of thirty (30) days from the date thereof, and each such permit shall specify upon its face its expiration date and any other special conditions as to hours of the day or days of the week during which such solicitation may take place. Any such permit may be revoked by the chief of police on proof that applicant or his employer are not of good character or reputation, or do not possess moral integrity, including proof of violation by the holder thereof of this chapter, or of any other ordinance of the town, or of any state or federal law, or of any false statement or misrepresentation in the application for such permit.

Section 5.20.070 Opt Out
A. Any resident or occupant wishing to opt out of being solicited or canvassed must send a written notice to the Police Chief clearly stating that 1.) they wish to opt out of being solicited or canvassed,

2.) state their address, and 3.) provide their printed name and signature. Upon receipt, the Police Chief will place their name and address on a "Do Not Solicit" list. This opting out will be valid until December 31 of each year and any subsequent opting out will need to be renewed in the same manner as set forth in this section. The resident or occupant must also display a sign refusing solicitors and/or solicitation in one (1") inch or larger letters.

B. Upon receiving a permit to solicit or canvass, the Town will provide the permittee with a copy of the "Do Not Solicit" list. No permittee shall knowingly contact or attempt to make contact with a resident or occupant of a residence on the "Do Not Solicit" list and the solicitor saw or was aware of, or reasonably should have seen or been aware of, any sign refusing solicitors and/or solicitation.

Section 5.20.080 Violations—Misdemeanor
It is unlawful, a public nuisance, and a misdemeanor punishable by not more than six (6) months in jail and/or a One Thousand and no/100ths ($1,000.00) Dollar fine for any person employed or working on behalf of a business engaged in a solicitation business to engage in the solicitation activities as defined herein or violate any section of this code without first having, upon written application, procured a solicitor permit from the Police Chief or his/her designee. Page 163 of 203 September 16, 2026

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SECTION 3: Severability. If any section, subsection, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof.

The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases may be declared invalid or unconstitutional.

SECTION 4: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.

Introduced on the ___ day of ___, 2026.

Passed and adopted as ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the ___ day of ___, 2026 by the following vote:

AYES COUNCILMEMBERS:

NOES COUNCILMEMBERS:

ABSENT COUNCILMEMBERS:

ABSTAIN COUNCILMEMBERS:
____________________________
Elizabeth Lewis, Mayor
____________________________
Anthony W. Suber, City Clerk

Item No. 11
Town of Atherton
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CITY COUNCIL STAFF REPORT – PUBLIC HEARING
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: FRED LUSTENBERGER, BUILDING OFFICIAL

LISA-MARIE DALEY, CODE ENFORCEMENT OFFICER
DATE: SEPTEMBER 16, 2026
SUBJECT: CONDUCT THE PUBLIC HEARING AND INTRODUCE FOR

FIRST READING, BY TITLE ONLY, AN ORDINANCE
AMENDING ATHERTON MUNICIPAL CODE SECTION 15.40.152,
"CONSTRUCTION MANAGEMENT AND OPERATIONS PLAN
(CMOP); REVIEW AND APPROVE THE STANDARD TEMPLATE
FOR THE CMOP AGREEMENT; AND FEEDBACK REGARDING
ADDITIONAL AMENDMENTS TO CHAPTER 15.40,
"CONSTRUCTION REGULATIONS", AND RECODIFICATION

OF CONSTRUCTION TIME LIMIT (CTL) REGULATIONS AS
NEW CHAPTER 15.41

RECOMMENDATION
Staff recommends that the City Council: (1) conduct the Public Hearing and introduce for first reading an ordinance amending Atherton Municipal Code (AMC) Section 15.40.152, Construction Management and Operations Plan (CMOP); (2) review and approve a standard template for the CMOP Agreement for full-site and other large-scale construction projects, and (3) provide feedback regarding additional amendments to Chapter 15.40, "Construction Regulations", and the recodification of the Construction Time Limit (CTL) regulations as a separate Chapter 15.41.

If the City Council has substantive changes to Chapter 15.40.152 or needs additional time for review, staff recommends the City Council continue the public hearing to the October 7, 2026 meeting.

BACKGROUND
On June 3, 2026, the City Council held a Study Session to discuss ways to better manage and mitigate the cumulative impacts of multiple ongoing and projected construction projects within the Town. Council directed staff to strengthen the Town's Construction Operations Plan (COP), with particular attention to construction vehicle parking, site cleanup and maintenance, neighbor

CMOP / AMC Section 15.40.152
September 16, 2026
Staff Report Construction Mitigation/CMOP
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outreach and timely notification of project milestones and disruptive operations, and more effective enforcement tools and protocols. Council also directed staff to review practices used by nearby jurisdictions and consider whether those practices could be adapted to Atherton.

On July 21, 2026, staff held a stakeholder meeting at Town Hall attended by approximately 50 representatives of construction firms, owner/builders, residents, and staff, engaged in projects within Atherton. Staff sought feedback regarding the proposed construction management requirements and their practical effect on construction operations. Common themes included improved communication with neighbors, identification and posting of a responsible 24/7 site contact, mandatory daily site and frontage cleanup, practical “common sense” parking requirements and carpooling when possible, and clearer enforcement mechanisms, including increased administrative fines for violations, and Stop Work Orders when appropriate.

ANALYSIS
The September 16, 2026, meeting includes two actions for Council approval and a separate request for feedback regarding potential additional amendments to Chapter 15.40 and adding Chapter

15.41 of the Atherton Municipal Code.

First, staff is requesting introduction for first reading of an ordinance amending AMC Section

15.40.152 to establish the regulatory framework for requiring, reviewing, approving, implementing, and enforcing a Construction Management and Operations Plan (CMOP) (CMOP Ordinance – Attachment #1).

Second, staff is requesting Council approval of a standard template for the Construction Management and Operations Plan Agreement (CMOP Agreement – Attachment #2).

Lastly, staff is seeking Council feedback regarding additional amendments to Chapter 15.40, "Construction Regulations" and the proposed recodification of the Town's Construction Time Limit (CTL) provisions as a separate Chapter 15.41. Staff will highlight these issues as they arise during discussion but will bring the ordinances back at a future date for updates. They are not included here.

Section 15.40.152 and the CMOP Guidelines: The proposed amendment to Section 15.40.152 provides that a CMOP is required for construction projects when its scope of work is identified in a matrix accompanying this Staff Report as requiring CMOP review, or when otherwise required by the Building Official. The Building Department will maintain and make available the applicable list of scopes of work. When required, the CMOP will be submitted as part of the construction plans, reviewed and approved by the Building Official or designee, and made part of the approved construction documents and conditions of the building permit. • The CMOP is the project-specific plan. The Council-approved standard template CMOP Agreement provides the governing standards for how construction management and site operations are to be conducted when a CMOP is required. Together, the approved projectspecific CMOP and the CMOP Agreement will operate as an agreement among the Town, the property owner/developer, and the contractor identified on the permit. The owner/developer

CMOP / AMC Section 15.40.152
September 16, 2026
Staff Report Construction Mitigation/CMOP
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and contractor will be required to acknowledge and comply with those requirements as a condition of permit issuance and for the duration of the project until finalization of the applicable permit. Failure to comply may result in enforcement under the AMC, including administrative citations, applicable fines, and/or a Stop Work Order where authorized. • The CMOP Agreement does not supersede Chapter 15.40 or any other applicable provision of the Atherton Municipal Code. Rather, the Agreement implements and supplements the Town's construction regulations. In the event of a conflict, the Atherton Municipal Code and other controlling law will govern.
o The proposed CMOP Agreement addresses construction parking and traffic management, site access and security, site cleanliness, tree protection, construction signage, deliveries and servicing, neighbor outreach and notification, responsible site personnel, and compliance and enforcement. Selected policy areas are summarized below.
• Construction Site Parking: Construction-related parking remains a significant source of neighborhood concern. The proposed CMOP Agreement establishes more detailed requirements for identifying and managing on-site parking, approved public right-of-way (PROW) parking, parking signage and placards, alternate parking arrangements, and emergency access. The Agreement prioritizes on-site parking and requires construction-related vehicles to park only in locations authorized by the approved CMOP or an approved Alternate Parking Plan.
o Identifying certain tight-access streets, such as some cul-de-sacs, as “Fire Lanes” severely limiting or, in some cases, prohibiting on-street parking in these locations. o Aligning on-street parking limitations with the Construction Time Limits Building Permit Valuation Table contained in Section 15.40.180 of the AMC, prohibiting on-street parking for projects classified as 2,000 square feet or less unless granted an exemption by staff for extenuating circumstances.

The parking standards are intended to require project teams to plan for parking demands before and throughout construction, reduce unnecessary neighborhood impacts, preserve traffic and emergency access, and provide clearer standards for enforcement. Depending on site conditions, contractors may need to use carpooling, vanpooling, approved alternate parking arrangements, or project phasing to reduce construction-related parking impacts. Staff recognizes that these requirements may result in additional project costs at sites with limited on-site parking or constrained access.
• Construction Signage and Site Safety: The proposed standard template CMOP Agreement continues to require Town issued construction signage at project entrances and require contractor identification signage to comply with applicable Town requirements. The CMOP Agreement also requires signage that provides superintendent/site safety director contact information or other responsible site representative as a primary project contact, and assigns

CMOP / AMC Section 15.40.152
September 16, 2026
Staff Report Construction Mitigation/CMOP
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responsibility for maintaining site safety, parking compliance, emergency coordination, and other construction management requirements applicable to the project.

Neighbor Outreach and Notification: Staff experience and stakeholder feedback indicate that timely communication with nearby residents can reduce construction-related conflicts and complaints. The proposed CMOP Agreement establishes notification requirements intended to provide affected neighbors with information regarding project contacts, anticipated schedules, major project milestones, disruptive operations, and other activities that may affect access or the reasonable use and enjoyment of neighboring properties. • The CMOP Agreement establishes project notification requirements based on the type of activity and affected area. Required notices identify the construction site, applicable dates and hours, the nature of the activity, and responsible project contact information. Certain planned activities and exemption requests require advance notice to affected properties. These requirements are intended to provide predictable communication standards while allowing staff to address site-specific or time-sensitive circumstances consistent with the approved CMOP and applicable Town requirements.
• Compliance and Enforcement: The CMOP Agreement is intended to provide clear, enforceable operating standards for projects requiring a CMOP. Because the approved CMOP and the CMOP Agreement are made part of the conditions of the building permit, failure to comply may result in enforcement action under the AMC. Available remedies may include warnings where appropriate, administrative citations and applicable fines, and Stop Work Orders when authorized by the Building Official or other applicable authority.

The CMOP Agreement is intended to support consistent and progressive enforcement while preserving staff discretion appropriate to the circumstances of each violation.

ENVIRONMENTAL ANALYSIS
The approval of this Ordinance and corresponding template CMOP Agreement are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15309, which consists of activities limited to inspections to check for performance of an operation, or quality, health, or safety of a project. This Ordinance and corresponding Agreement are further exempt pursuant to section 15332.

COUNCIL ACTION AND DIRECTION REQUESTED
At the September 16 meeting, staff requests that Council: (1) introduce for first reading the amendment to AMC Section 15.40.152; (2) approve the standard template CMOP Agreement; and (3) provide staff with feedback regarding broader Chapter 15.40 amendments and proposed Chapter 15.41 CTL recodification.

Staff welcomes Council questions and policy direction on the draft ordinance provisions.

CMOP / AMC Section 15.40.152
September 16, 2026
Staff Report Construction Mitigation/CMOP
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POLICY FOCUS
While developing the proposed standard template CMOP Agreement and related ordinance concepts, staff reviewed approaches used by other local jurisdictions to manage the impacts of large-scale residential construction. The Town of Hillsborough and City of Belvedere were identified as useful comparables because both regulate substantial residential construction activity and use construction management requirements addressing parking, site operations, responsible personnel, neighborhood impacts, and enforcement. An Alternative/Criterion Matrix (Attachment #5) compares Atherton's current approach with practices in those jurisdictions using criteria including enforceability, effectiveness, feasibility, community support, and fiscal impacts.

Hillsborough requires qualifying projects to submit a construction management plan addressing matters such as construction phasing, parking, material and vehicle storage, portable facilities, dust control, deliveries, and responsible site personnel. Its approach emphasizes on-site construction parking, advance neighbor notification, and escalating enforcement when permit conditions are repeatedly violated.
• On-site parking is prioritized unless an alternate arrangement is approved. • Advance neighbor notification is required for specified construction activity. • Repeated noncompliance may result in additional inspection or enforcement measures.

Hillsborough staff reported that Stop Work Orders are an important compliance tool when violations are not corrected after warnings. Staff considered this approach when developing the proposed CMOP Agreement and the broader Chapter 15.40 enforcement amendments.

Belvedere similarly relies on project-specific staging, parking, and materials plans and places substantial emphasis on controlling construction parking, identifying project-associated vehicles, maintaining responsible on-site supervision, and using Stop Work Orders as an enforcement tool when necessary.
• Construction parking is limited and project-associated vehicles are identified. • Project plans identify parking, material storage, and equipment operations. • Responsible on-site supervision is required during construction activity.

Belvedere staff described its construction management requirements as effective and enforceable, with Stop Work Orders serving as a significant compliance mechanism. These practices informed staff's evaluation of potential revisions to Atherton's CMOP and broader construction regulations.

The comparison with Hillsborough and Belvedere supports several themes reflected in the proposed standard CMOP Agreement: prioritizing on-site parking, clearly identifying authorized construction parking, establishing responsible site contacts, improving neighborhood communication, and providing meaningful enforcement tools.

The broader Chapter 15.40 amendments that staff will propose will address the regulatory provisions necessary to support these operational standards. Staff will also propose to separate the Town's CTL provisions from Chapter 15.40 and recodify them as Chapter 15.41, allowing

CMOP / AMC Section 15.40.152
September 16, 2026
Staff Report Construction Mitigation/CMOP
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construction operations requirements and construction time-limit requirements to be administered as distinct chapters. This will ensure that all of the amendments tie together across the Code and will make the Code more readable.

FISCAL IMPACT
Staff anticipates that introduction of the Section 15.40.152 amendment, approval of the standard template CMOP Agreement, and introduction of an ordinance amending Chapter 15.40 of the Atherton Municipal Code will not result in significant additional net costs to the Town. These actions are intended to improve administration and enforcement of existing construction regulations.

ATTACHMENTS

1. Proposed ordinance amendment to AMC Section 15.40.152, Construction Management and Operations Plan (CMOP) - introduction and first reading

2. Standard template agreement for the Construction Management and Operations Plan (CMOP Agreement)

3. Alternative/Criterion Matrix

4. Scope of Work CMOP Requirement Matrix (Used in Building Review)

5. Standard Parcel CMOP Sample (Used for CMOP Plan Review)

6. Flag Lot CMOP Sample (Used for CMOP Plan Review)

Attachment 1

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON AMENDING SECTION 15.40.152 OF THE ATHERTON MUNICIPAL CODE

REGARDING THE CONSTRUCTION MANAGEMENT AND OPERATIONS PLAN WHEREAS, on June 3, 2026, the City Council held a Study Session where it discussed and gave directions to staff on ways to better manage and mitigate the various negative impacts of multiple ongoing and projected large-scale construction projects within the Town by strengthening the existing Construction Operations and Parking Plan in Section 15.40.152 of the Atherton Municipal Code.

WHEREAS, on July 21, 2026, a Stakeholder’s Meeting was held with contractors, staff, residents, property owners, and developers to obtain feedback and suggestions on how to best manage the negative impacts resulting from their construction operations, and how they perceived some of the Town staff’s proposed processes and procedures would affect them.

WHEREAS, on September 16, 2026, the City Council held a duly noticed public hearing as prescribed by law to introduce and consider the first reading of the amendment of Section

15.40.152 of the Atherton Municipal Code, and receive public comment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Atherton that Section 15.40.152 of the Atherton Municipal Code shall be hereby amended, based on the findings, supported by substantial evidence in the record, as follows:

The City Council of the Town of Atherton does hereby ordain as follows:

SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety.

SECTION 2. AMENDMENT TO CODE. Section 15.40.152, "Construction Management and Operations Plan (CMOP)", is hereby amended to the Atherton Municipal Code to read as follows:

15.40.152 Construction Management and Operations Plan (CMOP).

A. If the proposed project is identified by its scope of work through a matrix accompanying the Construction Management and Operations Plan (CMOP), or when otherwise required by the Building Official based upon the nature, scope, location, or anticipated construction operations of the project, the property owner or developer and/or the contractor identified on the applicable building permit application shall prepare and submit a CMOP to the Building Department. The Building Department shall maintain and make available a list of scopes of work requiring a CMOP.

Attachment 1

B. When required, the CMOP shall be included with the initial construction plan submittal as a separate, dedicated plan sheet and shall address all applicable requirements of the CMOP Agreement adopted by the City Council. If the requirement for a CMOP is identified during plan review, the CMOP shall be submitted prior to permit issuance.

C. The CMOP shall be reviewed and approved by the Building Official or designee and shall become part of the approved construction documents and the condition of the applicable building permit.

D. When a CMOP is required, the provisions in the CMOP Agreement and the specific CMOP approved for the project shall constitute an agreement between the Town, the property owner or developer, and the contractor identified on the applicable building permit regarding the management and operation of the construction site. The property owner or developer and contractor shall acknowledge and agree to comply with the approved CMOP and the CMOP Agreement prior to issuance of the building permit.

E. The approved CMOP and CMOP Agreement shall be binding conditions of the building permit and shall be implemented, maintained, and complied with for the duration of the project until the applicable building permit has been finalized by the Town. A change in property ownership, contractor, or other responsible party shall not terminate or otherwise relieve the project of compliance with the approved CMOP or the CMOP Agreement . The Building Official or designee may require acknowledgment of the CMOP and the CMOP Agreement by a successor property owner, developer, or contractor as a condition of continued construction activity.

F. The Building Official or designee may require revisions to an approved CMOP based on changes in site or surrounding area conditions, project phasing, scope of work, construction operations, or other conditions affecting the management, safety, or operation of the construction site. Any required revision shall become part of the approved CMOP and shall be subject to the same requirements and conditions as the original approval.

G. Nothing in an approved CMOP or the CMOP Agreement shall supersede, replace, waive, or modify any requirement of this Chapter, the Atherton Municipal Code, or other applicable law.

In the event of a conflict or inconsistency, the applicable provisions of the Atherton Municipal Code or other controlling law shall govern.

H. Failure to comply with the approved CMOP or the CMOP Agreement constitutes a violation of the conditions of the building permit and may result in enforcement action as authorized by this Chapter and the Atherton Municipal Code, including but not limited to administrative citations, applicable fines, and/or issuance of a Stop Work Order.

SECTION 3: SCOPE. Except as set forth in this Ordinance, all other provisions of the Atherton Municipal Code shall remain in full force and effect.

Attachment 1

SECTION 4: SEVERABILITY. The City Council hereby declares it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provision in the Ordinance severable and, if for any reason any sentence, paragraph, or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 5: NO MANDATORY DUTY. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes the City or other officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 6: EFFECTIVE DATE. This Ordinance shall be posted in at least three public places according to law and shall take effect and be in force from and after 30 days after its passage and adoption.

Introduced on the 16th of September 2026.

Passed and adopted as ordinance of the City Council of the Town of Atherton at a regular meeting thereof held on the ___ day of ___ 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________________

STACY HOLLAND, MAYOR
ATTEST:
_____________________________

ANTHONY SUBER, CITY CLERK

TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 1

CONSTRUCTION MANAGEMENT AND OPERATIONS PLAN
(CMOP) AGREEMENT
Town of Atherton Building Department
80 Fair Oaks Ln., Atherton, California 94027 | (650) 752-0560 Project
Address:

Building Permit
No.:

Property Owner: __________________________________ _______________________________________ Contractor: ____________________________________ _______________________________________ AGREEMENT ACKNOWLEDGMENT. This document is formatted for review, acknowledgment, initials, and execution by the Property Owner, Contractor, and Town. Initialing each principal section confirms review of that section; signatures at the end confirm acknowledgment of and agreement to the approved CMOP as a whole.

SECTION 1. Atherton Municipal Code Chapter 15.40 and Construction Management Operations Plan Agreement
Owner Initials ________ Contractor ________
Governing Authority.

The provisions in this Construction Management and Operations Plans (CMOP) Agreement are intended to implement and supplement the construction requirements established by Chapter 15.40 of the Atherton Municipal Code (AMC).

Nothing in these provisions shall supersede, replace, waive, or otherwise modify any requirement of Chapter 15.40 or any other applicable provision of the AMC.

In the event of a conflict or inconsistency between these provisions and the AMC, the requirements of the AMC shall control.

CMOP as an Agreement.

When a CMOP is required by the Building Official, the final CMOP shall constitute an agreement between the property owner, the contractor identified on the building permit, and the Town regarding the construction management and operational requirements applicable to the project.

The property owner and contractor shall review, acknowledge, and sign the CMOP Agreement prior to issuance of the applicable building permit.

By signing the CMOP Agreement, the property owner and contractor acknowledge that they have reviewed and understand the applicable requirements and agree to implement, maintain, and comply with the approved CMOP for the duration of the construction project.

The approved and signed CMOP shall become part of the approved construction documents and shall remain applicable until completion of construction.

Approval of a CMOP does not authorize any activity otherwise prohibited by the AMC or other applicable law, nor does it waive the requirement to obtain any other permit, approval, or authorization required by the Town.

CMOP as a Condition of Permit Issuance.

The approved and signed CMOP Agreement shall be a condition of the applicable building permit. Compliance with the CMOP Agreement shall be required for the duration of the project and until construction is completed.

Violations and Enforcement.

Failure to comply with an approved CMOP Agreement constitutes a violation of the conditions of the building permit and may result in enforcement action, including administrative citations and applicable fines and/or issuance of a Stop Work Order (SWO), as authorized by Chapter 15.40 and other applicable provisions of the Atherton Municipal Code.

SECTION 2. Purpose and Submittal – Construction Management and Operations Plan (AMC

15.40.152)
Owner Initials ________ Contractor ________
The Construction Management and Operations Plan (CMOP) shall be submitted as part of the building permit review process. Before plans are approved for permit issuance, the applicant shall submit a CMOP for review and approval by the Building Official. Once approved, the CMOP and the CMOP Agreement shall become part of the public record. Page 174 of 203 TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 2 The CMOP shall be provided on a separate sheet titled “CMOP” and listed in the permit set Sheet Index. At a minimum, the CMOP shall address the requirements outlined below. Where the Building Official has determined that the scope of work requires a CMOP, the CMOP shall be included with the plan set submitted through the Permit Portal. A plan set submitted without the required CMOP will be rejected by the Permit Technician as incomplete. Examples of CMOP Plan sheets are available for reference.

SECTION 3. Administrative Penalties/Citation Fines (15.40.240) Owner Initials ________ Contractor ________
Activities conducted in violation of the approved CMOP, the Atherton Municipal Code (AMC), and/or this Agreement may result in enforcement action, including but not limited to administrative citations, fines, and/or legal action against the Owner and Contractor. A Stop Work Order (SWO) may also be issued for violations involving life, safety, or health concerns, or when progressive enforcement is warranted due to multiple violations. • Fines for construction-related violations are as follows:
(1) A fine not exceeding one hundred thirty dollars ($130) for a first violation. (2) A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.
(3) (A) A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.

SECTION 4. Heritage Trees and Tree Protection (TPZ)
Owner Initials ________ Contractor ________
All projects must comply with the requirements of Chapter 8.10 of the Atherton Municipal Code relating to the Removal of and Damage to Heritage Trees.
• All Heritage Trees (HT) on the subject property shall be shown on the CMOP, with the diameter at breast height (DBH) identified for each tree. DBH is measured 4 feet 6 inches (54 inches) above natural grade. • All Heritage Trees within 15 feet of the property lines shall be located on the plan with the tree’s diameter labled, including trees on neighboring properties and in the public right-of-way (PROW). • Heritage Trees in the PROW shall be protected with hay wattles or 2x4 board protection to the satisfaction of the Town Arborist. Tree protection fencing shall not extend into the PROW beyond the private property line. • Vehicles shall not park within 6 feet of a protected Heritage Tree in the PROW. • Construction parking and storage on private property shall remain outside tree protection zones/fencing and outside tree drip lines as applicable.

SECTION 5. Construction Entrances and Access
Owner Initials ________ Contractor ________
• All pedestrian and vehicle construction entrances/gates shall be shown on the CMOP. • Each point of ingress/egress shall have a yellow construction sign issued by the Town Building Department. • If an existing paved driveway is maintained during construction, temporary access will not be required. • For any vehicle or equipment access point that is not an existing paved driveway maintained during construction, a temporary construction driveway shall be installed using base rock or another material approved by the Building Official. The temporary driveway shall begin at the edge of pavement and extend a minimum of 100 feet into the property to reduce dust and mud tracking. An existing paved driveway that remains in use during construction may satisfy this requirement.
• Rumble grids, track mats, composite mats, or other materials approved by the Building Official may be used as part of the construction entrance treatment.
• If using base rock, minimum 3-inch base rock is required. • The Town may require additional signs, delineators, flag personnel, and other traffic-control measures as deemed necessary for safety. The Owner or Contractor may propose, or the Building Official may require, temporary fencing to restrict additional access points.

SECTION 6. Construction Fencing and Screening
Owner Initials ________ Contractor ________
Construction fencing is required for full-site construction, demolition, accessory structures, ADUs, pool/spa work, major alterations/additions with exposed framing, and other work as determined by the Building Official. • Fencing shall be shown on the CMOP for all sides of the property. • Construction fencing shall be 6 feet high.
• Front (and side, when on a corner or curved lot) fencing shall be a minimum of 6 feet from the edge of the improved portion of the roadway (asphalt).
• Existing/permanent fencing may be used; taller existing fencing within the property may be used when permitted through the Building Department.
• Temporary fencing, including cyclone fence panels, may be used. Page 175 of 203 TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 3 • Vegetation screening 6 feet or higher may serve as visual screening only where site security is maintained by fencing or another secure barrier that prevents access through the vegetation. • Where no fence exists between neighboring properties, screened construction fencing shall be maintained for the duration of the project.
• Fence screening shall be maintained on all sides of the property to shield the jobsite from public view as much as possible.
• Fencing must be kept upright and secured at all times. Screen, mesh, fabric, or other materials used to shield the public view shall always remain intact and complete without rips, tears, frays, or unattached corners/edges.

SECTION 7. Setbacks, Construction Offices/Trailers, and Sanitary Facilities Owner Initials ________ Contractor ________
Side, rear, and front setbacks shall be shown on the CMOP. • Side and Rear Setbacks: Maintain 10 feet from the property line for construction trailers/offices and sanitary facilities. No storage is permitted within side or rear setbacks where the setback abuts a shared property line with a neighbor.
• Front Setback: Maintain a 20-foot setback. Vehicle parking and storage is permitted within the front setback, except sanitary facilities and construction offices/storage trailers, which must remain 20 feet from the front property line, and shall not be located within tree drip lines/tree protection areas. • Sanitary facilities: Shall be located out of neighboring/public views as much as possible, shall not be placed in the PROW, and shall be accessed from a paved or rocked road or driveway. • Where vegetation screening 6 feet or higher shields a sanitary facility or construction office/trailer from public view, alternative placement may be considered by staff on a case-by-case basis.

SECTION 8. General Construction Parking and Public Right-of-Way (PROW) Parking Owner Initials ________ Contractor ________
The CMOP shall identify sufficient parking to accommodate the anticipated number of construction personnel and construction-related vehicles associated with the project. All construction-related parking shall comply with AMC Section

15.40.040, the approved CMOP, and the following requirements. Parking within the public right-of-way (PROW) is permitted only when authorized by the Building Official or designee in accordance with AMC Section 15.40.040. • Designated Construction Parking.
o The CMOP shall identify the location and configuration of all proposed construction-related parking, including on-site parking, authorized PROW parking, and any parking provided through an approved Alternate Parking Plan.
o Construction personnel shall park only within the designated construction parking areas identified in the approved CMOP or Alternate Parking Plan.
o Construction-related vehicles shall not park elsewhere within the surrounding neighborhood for the purpose of circumventing the parking limitations established by the AMC, approved CMOP, or Alternate Parking Plan.
• Construction-Related Vehicles.
o For purposes of these requirements, construction-related vehicles include workers' personal vehicles, contractors' and subcontractors' vehicles, delivery and pickup vehicles, vehicles used to transport construction equipment or materials, and vehicles used for construction activities (e.g., Bobcats, bulldozers, dump trucks, loaders, excavator, backhoe, crane, concrete mixer, etc.). • On-Site Parking.
o On-site construction parking shall be located entirely within the property lines of the construction site and outside all tree protection zones and tree protection fencing. o On-site parking shall be provided and utilized in accordance with the applicable project-size and property-configuration requirements of AMC Section 15.40.040. o Where AMC Section 15.40.040 requires available on-site parking to be utilized before PROW parking, all available approved on-site parking shall be utilized before overflow parking occurs within the PROW. • Parking Surface and Access.
o Designated construction parking areas and access drives shall be rocked where they are not otherwise paved.
o Rocked areas shall be maintained as necessary to provide suitable access and minimize dirt, mud, gravel, and debris from being tracked onto the public roadway. • Carpooling and Transportation Reduction. Page 176 of 203 TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 4 o Carpooling, vanpooling, and other methods of transportation that reduce construction-related vehicle traffic and parking impacts within the Town are strongly encouraged. o Workers are encouraged to carpool from designated off-site locations when appropriate to reduce construction-related parking impacts.
• Authorized PROW Parking.
o Where construction-related parking within the PROW is authorized under AMC Section 15.40.040, parking shall be limited to the frontage of the construction site and on the same side of the street as the project, unless an Alternate Parking Plan or other arrangement is approved by the Building Official or designee.
o PROW parking shall be limited to the locations, scope of work/square footage, and conditions identified in the approved CMOP or Alternate Parking Plan.
o Passenger vehicles shall be prioritized for authorized PROW parking. Construction vehicles, machinery, and equipment shall be parked or stored on the construction site whenever feasible. o Authorization for PROW parking does not authorize the storage or staging of construction vehicles, equipment, materials, machinery, or other items within the PROW unless separately authorized by the Building Official or designee and any other permit required by the AMC has been obtained. • Vehicle Positioning Within the PROW.
o Construction-related vehicles authorized to park within the PROW shall park parallel to the roadway, in the lawful direction of travel, and in a manner that minimizes encroachment into the traveled portion of the roadway.
o Vehicles shall be positioned so as not to obstruct or interfere with traffic circulation, emergency access, driveways, pedestrian or bicycle travel, drainage facilities, or required sight distance. • Corner Daylighting and Visibility.
o Required corner daylighting and visibility areas shall be maintained clear and unobstructed throughout the duration of construction.
o No construction-related vehicle, equipment, material, or other obstruction shall be placed or maintained in a location that interferes with required visibility at an intersection, driveway, crosswalk, sidewalk, or other area where adequate sight distance is necessary.
o Construction parking shall be arranged to preserve adequate visibility for motorists, bicyclists, and pedestrians.
• Fire Hydrants and Emergency Access.
o Construction-related vehicles shall maintain required clearance from fire hydrants and other emergency facilities.
o Contractors are responsible for maintaining applicable fire and emergency-access requirements and for installing signs or other measures when required by the Town or Fire Department. o For streets designated as Fire Lanes or otherwise necessary for emergency vehicle access, the most restrictive applicable parking and access requirements and restrictions shall apply. o Emergency vehicle access shall be maintained at all times. • Most Restrictive Standard Applies.
o Where multiple parking, roadway-clearance, emergency-access, or safety requirements apply to the same location, the most restrictive applicable requirement shall govern. o Approval of PROW parking through a CMOP or Alternate Parking Plan does not authorize parking or other activity otherwise prohibited by applicable law, the Atherton Municipal Code, or other Town requirements.
• Construction Parking Signs.
o Where PROW parking is authorized, the contractor shall install and maintain Town-approved signs identifying the areas in which construction-related vehicles are permitted to park. o Parking signs shall identify the project address, the telephone number of the qualified superintendent/site safety director, and the following:
“CONSTRUCTION PERSONNEL PARKING ONLY
7:30 A.M. – 5:00 P.M.

TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 5 MONDAY – FRIDAY
EXCLUDING HOLIDAYS”
o Required parking signs shall remain posted, visible, and legible for the duration of the authorized PROW parking and are to be provided at the expense of the contractor/property owner. • Construction Parking Passes.
o Parking passes shall be issued at the contractor's expense for each construction-related vehicle authorized to park within the PROW at the project site or at an approved alternate parking location. o Each authorized vehicle shall display the required Town-issued or Town-approved parking pass while parked in an authorized construction parking area.
o A parking pass authorizes parking only in the location and during the hours approved for the associated construction project.
• Alternate Parking Arrangements.
o When finished landscaping or other site-specific circumstances prevent continued use of required onsite construction parking, an Alternate Parking Plan shall be submitted to and approved by the Building Official or designee before construction personnel utilize an alternate parking location. o The Alternate Parking Plan shall identify the proposed parking location, number of vehicles, and any transportation or traffic-control measures necessary to accommodate the proposed parking. o The Building Official or designee may approve, conditionally approve, or deny an Alternate Parking Plan based on site-specific conditions.
o Any approved alternate parking arrangement shall protect public safety, maintain emergency and residential access, preserve traffic circulation, and minimize impacts upon neighboring properties. • Compliance and Enforcement.
o The property owner and contractor are responsible for ensuring compliance with AMC Section

15.40.040, the approved CMOP, and any approved Alternate Parking Plan. o Parking outside an authorized area or failure to comply with applicable parking, emergency-access, signage, or safety requirements may result in enforcement action, including but not limited to administrative citations, applicable fines, issuance of a Stop Work Order (SWO), and/or legal action as authorized by the Atherton Municipal Code.
o The Town shall not be responsible for costs incurred by the property owner, contractor, subcontractor, or other party resulting from the issuance of a Stop Work Order.

SECTION 9. Special Parking Conditions
Owner Initials ________ Contractor ________
• Parking Near Other Active Construction Projects. When construction-related parking within the PROW conflicts with or overlap parking associated with another active construction project, the availability and allocation of PROW parking shall be evaluated by the Town on a case-by-case basis. The Town reserves all rights to modify previouslyapproved PROW parking if deemed appropriate by the Building Official or designee. The determination shall consider the scope and duration of each project, available roadway and frontage, traffic circulation, emergency access, and applicable Fire Code requirements.
• The Town may impose additional parking restrictions or require an Alternate Parking Plan when necessary to prevent conflicts between active construction projects. Additional procedures for the allocation, designation, and identification of construction parking are addressed in Section ________ SECTION 10. Alternate Parking Plans
Owner Initials ________ Contractor ________
• Off-site private property. When construction parking cannot be accommodated on the subject property, use of other private property requires an Alternate Parking Plan. • Vacant lots. Parking on a vacant lot is not permitted under current zoning regulations. • Cul-de-sacs. Parking limited to the frontage of the subject property may be considered on a case-by-case basis. An Alternate Parking Plan may be required.
• Restricted Parking Areas. When available construction parking is limited due to roadway width, existing parking conditions, traffic circulation, or other site-specific conditions, the Town may require designated construction parking spaces to be temporarily striped, marked, or otherwise visibly identified within the approved property frontage. All construction-related vehicles shall park only within the designated spaces for the duration of the project. Parking

TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 6 outside an approved or designated construction parking area may result in administrative citations, a Stop Work Order (SWO), towing, or other applicable enforcement action. • Flag Lots. Construction-related parking on a public street or within the PROW is prohibited for flag-lot construction projects. If all construction-related parking cannot be accommodated on the project site, an Alternate Parking Plan shall be submitted and approved before the CMOP may be approved. At the contractor’s expense, signage shall be installed and maintained at the driveway or construction site entrance clearly stating that construction-related street parking is prohibited. The signage shall remain in place for the duration of the project.

SECTION 11. No-Parking Signs
Owner Initials ________ Contractor ________
• At the discretion of the Police Chief or designee, to protect health and safety, or if the contractor fails to properly implement the CMOP, the Police Chief or designee may require the owner and/or contractor to post no-parking signs along streets at 100-foot intervals for 500 feet on both sides of the street from the project. The signs shall state that parking is prohibited except for residents and their guests as authorized by California Vehicle Code Section 22507.

The owner and/or contractor shall bear the cost of the signs.

SECTION 12. Construction Signage
Owner Initials ________ Contractor ________
• Town issued Signage: A yellow Town construction sign shall be posted at every pedestrian or vehicle Ingress used by workers and shall remain visible until finalization of all open permits. Where a Certificate of Occupancy (COO) has been revoked due to any reason, the sign shall remain in place after issuance of a Temporary Certificate of Occupancy (TCO) until final COO approval and issuance. • Contractor Identification Signage. All contractor identification signage shall comply with the requirements of Atherton Municipal Code Chapter 15.36, including applicable requirements for sign size, location, placement, design, and display.
• Construction site signage for the public must have the following: Site address, permit issue date, permit number, work hours, project description (general), contractor name, contractor license #, Project Manager name, contact #, email, site manager, contact #, email, building department info (official, contact #, name, etc.), Fire Dept info #, Police Dept info #. Construction Sign Standards sheet in the Permit Issuance Packet.

SECTION 13. Site Safety Director
Owner Initials ________ Contractor ________
• The Site Safety Director’s name and phone number shall be listed on the construction sign. • Site Safety Director is an individual designated by owner or contractor responsible for managing the site safety plan, enforcing construction and fire-safety provisions, enforcing construction parking requirements, monitoring site emergencies, ensuring hazard compliance, and executing the written Site Safety Plan. • Site Safety Director (or an Assistant Site Safety Director approved by the Building Official or designee) must be on site at all times during construction activity. Failure to have Site Safety Director or Assistant Site Safety Director on site may result in a SWO.

SECTION 14. Debris Boxes, Construction Material Storage, and Waste Management Owner Initials ________ Contractor ________
• When a debris box is used for construction and demolition (C&D) activities, it shall be issued by GreenWaste and located entirely on private property, outside the public ROW, with access from a paved or rocked road or driveway, per requirements of AMC Chapter 18.
• An on-site area shall be designated for construction material storage and shown on the CMOP. Storage shall not be located within tree drip lines/tree protection areas or in prohibited side/rear setback areas described above. • Waste not associated with construction and demolition shall be stored in closed or covered trash, recycling, or yardwaste bins issued by GreenWaste for the subject property. Bins shall be placed at the curb no earlier than 24 hours before collection and shall be removed no later than 24 hours after collection. • All properties in Atherton are required to follow the GreenWaste regulations in AMC Chapter 18. • Site Security and Cleanliness. Construction sites shall be maintained in a clean, safe, and orderly condition throughout the duration of the project. Construction-related debris, waste, dirt, materials, and other items visible from or located within the PROW shall be removed or properly contained on a daily basis and prior to the close of construction activities each day.
• The construction site shall be secured at the end of each workday and whenever the site is unattended. Where gates or other controlled access points are provided, they shall be closed and locked to prevent unauthorized access. Construction materials, tools, equipment, and debris shall be appropriately stored or secured and shall not obstruct or encroach into the PROW unless specifically authorized by the Town. • Authorized Town Access. For the duration of the project, current gate access codes, lock combinations, and other reasonably necessary information to access secured areas of the construction site shall be provided to the Atherton Page 179 of 203 TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 7 Police Department and Building Department. Such access information shall be used only by authorized Town personnel acting within the scope of their official duties, including inspections, code enforcement, emergency response, and other lawful Town functions related to the property or construction project. • Providing access information does not authorize entry for purposes unrelated to official Town business. Any change to a gate code, lock combination, or other access method shall be promptly provided to both departments to ensure that authorized Town personnel maintain necessary access for the duration of the project.

SECTION 15. Clean-Up Area and Best Management Practices Owner Initials ________ Contractor ________
• When concrete forms or trucks, paint brushes, plastering tools, or similar equipment are cleaned on-site, the CMOP shall identify a designated clean-up area and the area shall be posted with appropriate signage. The clean-up area shall not be located beneath a tree canopy or within a proposed planting area. Runoff shall be contained, and waste shall be managed and disposed of in accordance with Best Management Practices (BMPs) acceptable to the Regional Water Quality Control Board.

SECTION 16. Construction Deliveries, Traffic, Servicing, and Site Access Owner Initials ________ Contractor ________
The following standards apply to construction-related deliveries, pick-ups, truck movements, worker arrivals, servicing, traffic control, and use of the PROW:
• Hours of Operation.
o Construction activities, deliveries, pick-ups, and servicing of on-site facilities or equipment, including debris boxes and sanitary facilities, shall occur only Monday through Friday, between 8:00 a.m. and 5:00 p.m.
o Activity outside of these days or hours is prohibited unless expressly authorized by an approved Exemption Permit.
• Worker Arrival and Pre-Job Parking.
o Workers and other construction-related personnel shall not arrive at the project site or park, wait, assemble, or stage at or near the project site before 7:30 a.m. o Limited temporary pre-job parking may be available at designated Town facilities, including the Town Center and Holbrook-Palmer Park, for workers who arrive before 7:30 a.m. o Town facilities may be used only for temporary pre-job parking while workers wait to proceed to the construction site.
o Town facilities shall not be used for all-day construction parking, construction vehicle or equipment storage, material loading or transfer, or as an alternative to required on-site or approved off-site construction parking.
o Use of Town facilities is subject to availability and any posted restrictions. • Approved Site Access and Traffic Control.
o Construction deliveries, pick-ups, truck movements, and servicing shall use the access location or route identified in the approved CMOP.
o Appropriate traffic-control measures shall be provided whenever necessary to safely accommodate construction-related vehicle movements.
o Traffic-control measures may include signs, cones, delineators, barricades, flaggers, or other appropriate devices.
o Emergency access and safe passage for motorists, bicyclists, and pedestrians shall be maintained at all times.
• Delivery, Pick-Up, and Servicing Operations.
o Vehicles delivering or picking up construction materials, supplies, equipment, machinery, debris, or other construction-related items shall be loaded and unloaded entirely on the construction site whenever feasible.
o Loading, unloading, or servicing within the PROW is permitted only when authorized by the Town and shall comply with the approved CMOP, applicable permits, and required traffic-control measures. o Delivery, pick-up, and service vehicles shall not arrive at, park, wait, queue, or stage at or near the construction site before 8:00 a.m.
o All delivery, pick-up, and servicing operations shall be completed, and associated vehicles shall depart the construction site, no later than 5:00 p.m., unless otherwise authorized by an approved Exemption Permit.
• No Vehicle Staging in the PROW. Page 180 of 203
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 8 o Staging, queuing, or waiting by delivery, pick-up, service, or other construction-related commercial vehicles on a public street or within the PROW is prohibited at all times. o Surrounding streets and residential neighborhoods shall not be used as waiting or staging areas for vehicles awaiting access to the construction site.
• Vehicle Idling.
o Engines of delivery, pick-up, and service vehicles shall be shut off upon arrival and shall remain off during loading, unloading, or servicing unless engine operation is reasonably necessary to perform the activity.
o Engine operation is permitted when necessary for the functional operation of specialized equipment or to maintain the viability of transported materials, including concrete mixer trucks. o Engines shall not be operated longer than reasonably necessary for the permitted purpose. • Roadway and PROW Cleanliness.
o Streets and public rights-of-way adjacent to or affected by construction shall be maintained in a clean, safe, and unobstructed condition.
o Dirt, mud, gravel, debris, nails, screws, and other construction-related materials or hazards deposited or tracked into the roadway or PROW shall be removed promptly. o At a minimum, all construction-related debris and hazards shall be removed from the roadway and PROW by the close of construction activities each day.
• Storage and Equipment in the PROW.
o Construction materials, equipment, machinery, lifts, vehicles, debris boxes, storage containers, or similar items shall not be stored, staged, or left within the PROW unless specifically authorized by the Town.
o When PROW use is approved, any permit, placard, notice, or other authorization required by the Town shall be conspicuously posted or displayed at the construction site for the duration of the approved use. o No approved use of the PROW shall obstruct or unreasonably interfere with emergency access, traffic circulation, pedestrian or bicycle travel, drainage, driveway access, required sight distance, or other lawful use of the PROW.
• Responsibility for Compliance.
o The property owner and contractor are responsible for scheduling and coordinating worker arrivals, deliveries, pick-ups, servicing, truck movements, parking, and use of the PROW in accordance with the approved CMOP and these requirements.
o The contractor shall communicate applicable construction hours, arrival times, access, staging, parking, traffic-control, and PROW requirements to workers, subcontractors, vendors, suppliers, haulers, and service providers before they arrive at the construction site.

SECTION 17. Notes Required on the CMOP Sheet Submittal
Owner Initials ________ Contractor ________
At minimum, include the following notes on the CMOP:
• Construction, inspections, deliveries/pick-ups, and servicing of any item on-site shall be permitted only Monday through Friday, from 8:00 a.m. to 5:00 p.m.
• No work or site access of any nature, including but not limited to hauling or heavy equipment activity, shall be permitted on Saturdays, Sundays, or holidays.
• This restriction includes, but is not limited to, site visits by realtors, property owners or their guests, and cleaning crews until the TCO/COO is approved and issued by the Building Official. • All construction personnel shall park only in areas approved by the CMOP and shall comply with tree-protection, setback, ROW, and alternate-parking requirements.
• All approved construction entrances, fencing/screening, Heritage Trees and tree protection, parking areas, storage areas, sanitary facilities, debris boxes, clean-up areas, and required signage shall be maintained for the duration required by the approved CMOP.

SECTION 18. Exemption Permits for Construction Activity Outside Permitted Hours Owner Initials ________ Contractor ________
Construction-related activity outside of otherwise permitted construction days or hours requires an approved Exemption Permit, except for qualifying emergency work as provided below. • Issuing Authority.

TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 9 o Where appropriate and at its discretion, the Atherton Police Department may issue Exemption Permits for construction-related activity outside of permitted construction days or hours. o Exemption Permits may be approved, conditionally approved, or denied based on the circumstances of the request.
• Application.
o Applications shall be submitted to the Code Enforcement Division. o Applications may be submitted by email or in person by appointment only. o A complete application for planned work shall be submitted no less than seventy-two (72) hours before the proposed start of the work.
o The application shall be accompanied by the applicable Exemption Permit fee established by the Town's current fee schedule.
o Applicants shall comply with all application procedures, required information, and instructions contained on the Town's Exemption Permit application form.
o An application is not an authorization to perform work outside of otherwise permitted construction days or hours . The Exemption Permit must be approved before the specially-requested construction-related activity begins.
• 300-Foot Property Notification.
o For planned work, the contractor shall provide advance notification to all properties located within three hundred (300) feet of the property line of the construction site. Additionally, the approved permit shall be posted at the entrance of the job site for the public to view. o The notice shall include, at a minimum:
▪ Construction site address;
▪ Date of the exempted work;
▪ Approved hours of work;
▪ General description of the work or activity; and
▪ Name and telephone number of the contractor or other responsible contact person. o Required notification shall be completed before commencement of the exempted work and in accordance with any additional instructions contained on the Exemption Permit application or provided by the Code Enforcement Division.
o The Town may require documentation demonstrating that the required notification was completed. • After-Hours or Staff-Unavailable Approval.
o When Code Enforcement staff are unavailable, the Atherton Police Department Watch Commander or Sergeant is authorized to review and approve an Exemption Permit. o Such applications may be submitted in person at the Atherton Police Department public counter. o Applications submitted through the Watch Commander or Sergeant remain subject to all applicable permit requirements, fees, advance-submittal requirements for planned work, and neighborhoodnotification requirements. • Conditions of Approval.
o The Town may impose reasonable conditions on an Exemption Permit to protect public safety and minimize impacts to surrounding properties.
o Conditions may address:
▪ Dates and hours of work;
▪ Type or scope of activity;
▪ Equipment and vehicles;
▪ Deliveries and pick-ups;
▪ Parking and staging;
▪ Traffic control;
▪ Site access;
▪ Noise-generating activity;
▪ Neighborhood notification; and
▪ Other site-specific measures determined necessary by the Town. • Scope of Permit.
o An Exemption Permit authorizes only the specific date, hours, activity, and conditions stated in the approved permit.
o Approval does not authorize unrelated construction-related activity outside of permitted hours. o Approval of one Exemption Permit does not constitute or guarantee approval of any subsequent request. Page 182 of 203
TOWN OF ATHERTON | BUILDING DEPARTMENT Attachment 2
CMOP Agreement 9/16/26| Town of Atherton Building Department | Page 10 o Activity outside the scope, date, hours, or conditions of the approved permit constitutes unauthorized construction-related activity.
• Emergency Work.
o Construction-related activity necessary to address an immediate threat to life, safety, property, essential utilities, or public infrastructure may occur outside permitted construction hours when delaying the work to obtain prior approval would increase or prolong the emergency condition. o The property owner or contractor shall notify the Atherton Police Department as soon as reasonably practical.
o Emergency work shall be limited to that reasonably necessary to address, stabilize, and abate the emergency condition and shall comply with any direction provided by authorized Town personnel.

AGREEMENT ACKNOWLEDGMENT AND SIGNATURES
By signing below, each undersigned party acknowledges that they have reviewed the approved Construction Management and Operations Plan, understand the requirements applicable to the project, and agree to the responsibilities assigned to them under the CMOP and applicable Town requirements. The Property Owner and Contractor agree to implement, maintain, and comply with the approved CMOP for the duration of construction. The Town signature documents approval/acceptance of the CMOP in its official capacity and does not waive or modify applicable law or permit requirements.

Project Address ____________________________________________ Building Permit No. ____________________________________________ CMOP Approval Date ____________________________________________

PROPERTY OWNER
Printed Name: ____________________________________________ Signature: ____________________________________________ Date: ____________________________________________

CONTRACTOR / GENERAL CONTRACTOR
Company: ____________________________________________
Printed Name / Title: ____________________________________________ CSLB License No.: ____________________________________________ Signature: ____________________________________________ Date: ____________________________________________

TOWN OF ATHERTON
Authorized Representative: ____________________________________________ Title: ____________________________________________
Signature: ____________________________________________ Date: ____________________________________________

CRITERIA

JURISDICTION CMOP ENFORCEABILITY EFFECTIVENESS

COUNCIL &

COMMUNITY

SUPPORT
FISCAL
IMPACT
ATHERTON/STATUS QUO:
• No limit for on-street parking
• No identification of Const. vehicles
• Admin. citations primary tool
• Process is mostly reactive
• SWOs not utilized
• Often challenging due to lack
of enforceable parking
regulations with multiple sites
near each other (Can’t identify
which vehicle belongs where)
• $100, $200 & $500 fines not a
deterrent
• Complaint driven
• Low level of effectiveness
as evidenced by the
number of repeat
offenders
• Builders simply factor in
fines as operational costs
• Council and Community
generally supportive
• Some residents insist on
stronger enforcement rules
and efforts
• N/A

HILLSBOROUGH
• CMP for > $750K
• All vehicles parked on-site
• Designated responsible site
superintendent
• BO may require independent on-site
inspector for repeat violations.
• The use of SWOs as a
component of enforcement
efforts creates a significant
and robust deterrent effect
• Parking violations easy to
identify
• Highly effective
• Project delays due to
SWOs can result in very
costly Construction Time
Limit (CTL) fines
• Strong Council and
community support
• Revenue
neutral

BELVEDERE
• Staging, Parking & Materials
• Almost all projects >$50k
• 3 vehicles per site in PROW
• Parking permits assigned
• Meetings reqd. for repeat violations
• Use of SWOs
• Parking permits simplify
enforcement efforts
• Highly effective
• Project delays due to
SWOs can result in very
costly CTL fines
• Strong Council and
community support (“unless
it’s their project.”)
• Net positive due
to fines

PROPOSED CMOP
GUIDELINES ORD.
• Designated site supervisor
• Designated parking regulations and
approved locations
• Parking permits req.
• Neighbor outreach
• Progressive Administrative Fines
leading to SWO
• Increased levels of
collaboration between
builders, neighbors and staff
should bolster enforcement
efforts
• Updated AMC and CMOP
verbiages will be more specific
and detailed.
• Proactive enforcement by
conducting area checks with
parking permits/signage
• Increasing fines and
integrating SWOs into the
enforcement process will
increase deterrent effects
and overall levels of
compliance
• Based on initial interactions
with the Council,
stakeholders, and affected
residents, new CMOP
Guidelines should enjoy
favorable support levels
• Revenue
neutral or net
positive due to
increased fines

ALTERNATIVES
Attachment 3

Attachment 4
DRAFT 9/10/2026
Scope of Work CMOP Requirement Matrix

SCOPE OF WORK/PERMIT DESCRIPTION CMOP REQUIRED
Yes No CBC
Full Site Development 
Demo (residence, pool, accessory structure, etc.) 
G&D – retaining walls 
Pool/Spa – new, replaster 
Interior alterations 
Detached ADU/Garage/Accessory Structures 
Attached ADU/Garage 
MLS – trellis, fountains, water features 
Athletic/Sports Courts 
Fences/Gates/Ped Gates 
Generator 
Roof – replace or repair (OTC) 
WELO 
Solar/Green MEPS 
Plumbing 
Electrical 
Mechanical 
** Pool/Spa – new, replaster 
** Interior alterations 
** Detached ADU/Garage/Accessory Structures 
** Attached ADU/Garage 
** MLS – trellis, fountains, water features 
** Athletic/Sports Courts 
** When submitted as stand-alone permits (not as deferred submittals for Demo, New Res, or G&D) - All ancillary scopes of work under Demo, New Res, or G&D as deferred submittals must show the items on the main plan but will not be required to submit separate CMOPs for each scope of work – unless the deferred submittals are applied for after 1 year of approval of the main plans.

Attachment 5

Attachment 1

Item No. 12
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: SEPTEMBER 16, 2026
SUBJECT: CONSIDERATION OF APPLICANTS AND APPOINTMENTS TO

VARIOUS TOWN COMMITTEES AND PLANNING COMMISSION

RECOMMENDATION
It is recommended that the Council review the applicants for the Town Committees and Planning Commission and make appointments to fill vacant positions. • Appoint one (1) applicant to the Audit and Finance Committee to fill one (1) term expiring on June 30, 2027;
• Appoint one (1) applicant to the Environmental Programs Committee to fill a one (1) term expiring on June 30, 2030;
• Appoint one (1) applicant to the Planning Commission to fill one (1) term expiring on June 30, 2027
• Appoint one (1) applicant to the Transportation, Bicycle, and Pedestrian Safety Committee expiring on June 30, 2027

BACKGROUND
A recruitment was conducted for the following vacancies:

1. Audit/Finance Committee (1 Vacancy)

2. Environmental Programs Committee (1 Vacancy)

3. Transportation, Bicycle and Pedestrian Safety Committee (1 Vacancy)

4. Planning Commission (1 Vacancy)
The current vacancies are the result of unfilled seats from the annual Committee and Commission recruitment and mid-term vacancies. All committee members eligible for reapplication and candidates from recent prior recruitments were contacted. Recruitments have been on-going with reoccurring messages across various Town of Atherton channels including; advertising across social media platforms, and digital news outlets, Marsh public notices board, and Atherton Library notice board.

Committee and Commissions Appointments
JUNE 18, 2025

Audit and Finance Committee (1)
The Audit and Finance Committee has one (1) vacancies to fill a mid-term vacancy with a term expiring on June 30, 2027. Any candidate would be eligible to apply for reappointment when this term expires and that would be considered their first full-term.

There are two (2) applicants for Council consideration:
• Walker, Ann Yvonne
• Levison, Sandy
Environmental Programs Committee (1)
The Environmental Programs Committee (EPC) has one (1) vacancy for a term expiring on June 30, 2030.

There is one (1) applicant for Council consideration:
• LaToya Jackson
Transportation, Bicycle, and Pedestrian Safety Committee (1) The Transportation, Bicycle, and Pedestrian Safety Committee has one (1) vacancy to fill a midterm vacancy with a term expiring on June 30, 2027. Any candidate would be eligible to apply for reappointment when this term expires and that would be considered their first full-term There are currently no applicants for this vacancy and recruitment is ongoing.

Planning Commission (1)
The Planning Commission has one (1) vacancy to fill a mid-term vacancy with a term expiring on June 30, 2027. Any candidate would be eligible to apply for reappointment when this term expires and that would be considered their first full-term
There are currently no applicants for this vacancy and recruitment is ongoing.

Appointment Process
It is recommended that the Council consider appointments to the longest term first for each vacancy where possible. The City Council should announce the term for which an appointment is being considered and then vote for the particular candidate for that term. The City Clerk shall assist with voting sheets and voting shall continue until an applicant is selected for the particular term.

FISCAL IMPACT

Committee and Commissions Appointments
JUNE 18, 2025

None.

GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal F - Build Community & Promote Civic Engagement
• Goal D - Be Forward Thinking

POLICY FOCUS
The Council is not obligated to appoint any of the candidates to any of the positions and may choose to extend the candidate recruitment process as it deems necessary. The Council reserves complete discretion in appointments.

Town Commissions and Committees represent a key component of civic engagement within the community. The participation of the members is a vital part of the Town’s public engagement and review process. These groups have the ability to gather public input on an issue 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.

Staff will continue recruitment for Committees with ongoing vacancies.

PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.

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

ATTACHMENTS

1. Committee Applicants

2. Committee and Commission Roster

Attachment 1

Additional Information you
would like to add?
I'm an HR Leader at Meta and, with 20 years as an HR
practitioner, my value to the committee is in my deep
experience with organizational and team dynamics that can be applied to ensure the EPC committee team is operating and performing at its highest level. I am also an AI super user and would gladly apply those skills in this role to help with operating with speed and efficiency.

Attachment 1

Attachment 1

Name Ann Yvonne Walker
Address
Phone Number
Email Address
Commission/Committee of
Interest
Audit & Finance
Education Stanford BS, Math, 1976
Stanford Law School JD, 1979
List your civic affiliations and
community activities,
including service on other
commissions and
committees?
Immediate Past Chair of the Audit & 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?
Prior service
Describe why you want to
serve on this commission
and what you hope to
accomplish as a member?
Assisting the Council in dealing with matters relating to financial matters and audits
Additional Information you
would like to add?
I look forward to serving Atherton again.

Attachment 1

Attachment 1

experience relate to these
responsibilities?
Describe why you want to
serve on this commission
and what you hope to
accomplish as a member?
I have enjoyed serving in financial oversight roles for other organization and believe my background with the Town of Atherton will provide a solid foundation for work on the Finance Committee.

Additional Information you
would like to add?
Thank you for your consideration.

Attachment 1

NAME # OF FULL TERMS 1st APPOINTMENT CURRENT APPOINTMENT TERM EXPIRATIOON VACANT
6/30/2027
Kate Scolnick Serving 2nd Full Term 6/17/2020 6/19/2024 6/30/2028 Thomas Hill Serving 2nd Full Term
1/19/2022
(Mid-Term Appointment) 6/17/2026 6/30/2030
Suzanne Jain Serving 1st Full Term 6/18/2025 6/18/2025 6/30/2029 Stephen Brickley Serving 1st Full Term 6/18/2025 6/18/2025 6/30/2029 NAME # OF FULL TERMS 1st APPOINTMENT CURRENT APPOINTMENT TERM EXPIRATIOON Samantha Michel Serving Mid-Term Appointment
6/18/2025
(Mid-Term Appointment) 6/18/2025 6/30/2027
VACANT 6/30/2027
David Jones Serving 2nd Full Term 6/17/2020 6/19/2024 6/30/2028 Steve Seabolt Serving 1st Full Term 6/18/2025 6/18/2025 6/30/2029 Tom Owen Serving 2nd Full Term 6/17/2020 6/19/2024 6/30/2028 NAME # OF FULL TERMS 1st APPOINTMENT CURRENT APPOINTMENT TERM EXPIRATIOON Sriram Iyer Serving Mid-Term Appointment
10/15/2025
(Mid-Term Appointment) 10/15/2025 6/30/2027
Alyson Blume Serving Mid-Term Appointment
11/19/2025
(Mid-Term Appointment) 11/19/2025 6/30/2029
Gregory Loew Serving 2nd Full Term
6/16/2021
(Mid-Term Appointment) 6/21/2023 6/30/2027
Eric Kwon Serving Mid-Term Appointment
6/17/2026
(Mid-Term Appointment) 6/17/2026 6/30/2028
VACANT 6/30/2030
NAME # OF FULL TERMS 1st APPOINTMENT CURRENT APPOINTMENT TERM EXPIRATIOON Don Keller Serving 1st Full Term
9/17/2025
(Mid-Term Appointment) 6/17/2026 6/30/2030
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 1st Full Term
10/19/2022
(Mid-Term Appointment)
(Reappointment After Hiatus - Initial
Appointment 2012)
6/17/2026 6/30/2030
Frank Merrill Serving 4th Full 2-Year Term 6/20/2018 6/17/2026 6/30/2028 Walter Robinson Serving 3rd Full 2-Year Term 6/16/2021 6/18/2025 6/30/2027 NAME # OF FULL TERMS 1st APPOINTMENT CURRENT APPOINTMENT TERM EXPIRATIOON VACANT 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
Steve Seabolt Serving 1st Full Term
12/3/2025
(Mid-Term Appointment) 6/17/2026 6/30/2030
Planning Commission
Commissions & Committees Roster 2026-27
HPP Foundation Appointment
Transportation, Bicycle and Pedestrian Safety Committee Audit and Finance Committee
Environmental Programs Committee
Park and Recreation Committee
Item 12 - Attachment 2

Item No. 13
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: SEPTEMBER 16, 2026
SUBJECT: TOWN CENTER & LIBRARY CIRCULATION PROJECT –

DINKELSPIEL STATION LANE PEDESTRIAN WALKWAY

RECOMMENDATION
It is recommended that the Council approve an amendment to the TJKM Agreement for Services to include additional alternatives and to prepare plans specifications and estimates for the Dinkelspiel Station Lane Pedestrian Walkway.

BACKGROUND
The FY 2025/26 Capital Improvement Program (CIP) budget included the Town Center & Library Circulation Project – Holbrook-Palmer Park Connection to review and analyze pedestrian connectivity option and traffic adjustments around Town Center to facilitate access and mobility between the Town Center and Holbrook-Palmer Park, along Dinkelspiel Station Lane. The City Council, at their meeting on January 21, 2026, approved a professional services agreement with TJKM Transportation Consultants to conduct the evaluations.

Currently, Dinkelspiel Station Lane does not have a dedicated walkway or sidewalk between Maple Avenue and Watkins Avenue to facilitate pedestrian mobility between the Town Center Complex and Holbrook-Palmer Park.

The initial analysis conducted by TJKM was presented to the City Council at the June 17, 2026 meeting. Alternatives presented included:

Alternative 1 – Walkway Along Dinkelspiel Station Lane
• Provide a five-foot wide pedestrian walkway for the entire length of Dinkelspiel Station Lane from Maple Avenue to Watkins Avenue
• Installation of new ADA-compliant curb ramps and truncated domes at street crossings • To accommodate these improvements, relocation of a fire hydrant and a utility box at the Maple Avenue intersection and removal approximately 12 trees would be required. No parking would be permitted along Dinkelspiel Station Lane.

Dinkelspiel Station Lane Pedestrian Walkway
SEPTEMBER 16, 2026

• The preliminary cost estimate for these improvements is approximately $205,000.

Alternative 2 – Retaining Parking Spaces and Partial Walkway Along Dinkelspiel Station Lane • Retain approximately six marked parking spaces between Maple Avenue and Walnut Avenue, and restrict parking between Walnut Avenue and Watkins Avenue. • Provide a five-foot wide walkway between Walnut Avenue and Watkins Avenue with new ADA-compliant curb ramps and truncated domes
• To accommodate these improvements, relocation of a fire hydrant and a utility box at the Maple Avenue intersection and removal approximately 10 trees would be required. • The preliminary cost estimate for these improvements is approximately $145,000.

The study also evaluated the intersection of Station Lane and Watkins Avenue, specifically related to pedestrian crossings. A key concern identified during the review is the potential for restricted visibility between southbound motorists on Watkins and pedestrians using the proposed crosswalk.

While field observations suggest that sight-distance limitations may exist, a detailed more detailed engineering evaluation is necessary to confirm the extent of the issue. This next phase of analysis would also include a more detailed assessment for the placement and visibility of pedestrian warning signs and other traffic control devices that could be accommodated. It is important to note that due to the proximity of the pedestrian crossing to the Watkins Avenue rail crossing, consultation with the California Public Utilities Commission will be needed and such consultation may limit warning devices that would detract from those associated with the rail crossing. The following improvements are recommended at the intersection:
• Installation of a new crosswalk and ADA-compliant curb ramps along Watkins, south of railroad tracks
• Removal of three (3) trees
• Installation of crosswalks related signs and traffic control devices to alert drivers along Watkins
• The estimated cost for these baseline improvements is included in the two alternatives discussed above
It was noted that to provide a full length walkway, maximize parking while minimizing impacts to trees, one-way traffic options would need to be considered.

Following public comment and Council discussion, the Council directed staff to obtain a proposal for further analysis including a one-way study, a topographic survey, and more detailed concepts that preserve trees and evaluate a separated path, with the Watkins crosswalk treated as a confirmed priority.

ANALYSIS
Following the Council meeting, staff requested that TJKM provide a proposal additional studies needed and for preparation of plans specifications and estimates for the project once the final configuration is approved. It is noted that the current agreement with TJKM included the evaluation of two traffic scenarios.

Dinkelspiel Station Lane Pedestrian Walkway
SEPTEMBER 16, 2026

TJKM provided their proposal as follows:
• Evaluation of one additional traffic scenario (total 3) - $28,225 • Four additional in-person public meetings - $11,000
• Topographic survey - $7,710
• Preparation of Plans, Specifications and Estimates for project construction - $44,440 The total amendment for these tasks: $91,375
The traffic scenarios discussed with TJKM for evaluation include the following:

1. One-Way: Maple Avenue to Watkins Avenue

2. One-Way: Watkins Avenue to Maple Avenue

3. Split Flow from Walnut Avenue:
a. One-way Walnut Avenue to Watkins Avenue
b. One-way Walnut Avenue to Maple Avenue

Dinkelspiel Station Lane Pedestrian Walkway
SEPTEMBER 16, 2026

Staff is requesting Council confirmation of the traffic scenarios to be evaluated and approval of an amendment to conduct the evaluations and complete the design of the preferred alternative once selected.

FISCAL IMPACT
Sufficient funds were approved and are available in the FY 2025-26 Capital Improvements Program Budget. Funds for Town Center & Library Circulation Project – Holbrook-Palmer Park Connection is included in the Civic Center Master Plan Implementation Program budget in the amount of $200,000.

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

POLICY FOCUS
The policy focus for the Council is continuation of design efforts in support of connecting the Town Center to Holbrook Palmer Park and improving safety along that corridor.

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.

Dinkelspiel Station Lane Pedestrian Walkway
SEPTEMBER 16, 2026

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

ATTACHMENTS

1. TJKM Proposal Dated August 12, 2026 – Study C (Dinkelspiel Station Lane One-Way Operations)

CALIFORNIA | FLORIDA | TEXAS
Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 www.TJKM.com
August 12, 2026
Robert Ovadia
Director of Public Works
Town of Atherton
Sent via email: [email protected]
Subject: Parking and Traffic Study – Scope and Budget Amendment – Study C (Dinkelspiel Station Lane One-Way Operations)
Dear Robert,
TJKM is pleased to offer continued assistance with the Parking and Traffic Evaluations approved by the City Council on January 21, 2026. Per the 06/17/26 City Council direction and our follow up communication, here is a summary of current and planned efforts with necessary revisions to the approved scope and budget for Study C - Dinkelspiel Station Lane – One-Way Operations.

The currently approved scope includes tasks 1-6 and 7b for a total budget of $62,560 (including $5,500 for data collection). No in-person attendance and presentations at community meetings or City Council meetings are included. The revised scope adds one more scenario in addition to the two currently approved scenarios (total three scenarios). In addition, a total of four in-person meetings are added. A topographic survey for the entire section between the Town Center and Watkins Avenue, if necessary, will also be conducted. Once the Town selects an alternative for implementation, TJKM will develop complete Bid Packet that conforms to all Town of Atherton procurement requirements (optional task (d) described below).

A budget amendment is necessary as outlined below.
a) Evaluation of one additional scenario (for all tasks 1-6 and 7b) - $28,225 b) Four in-person meetings - $11,000
c) Topographic survey - $7,710
d) Prepare design, PS&E and complete bid packet conforming to the Town of Atherton procurement requirements, coordinate with utility providers, conduct three review meetings at 30%, 65%, 95%; complete 100% designs, and provide bid assistance through the bid closing date - $44,440
I appreciate your approval of this revised task effort and budget amendment in an amount of $91,375. If you have any questions, please do not hesitate to contact me.

Sincerely,
TJKM Transportation Consultants
Amit Kothari
[email protected]; (925)264-5024