to collect, transport, recycle, process and dispose of Mixed Compostable Materials, Recyclable Materials, Yard Trimmings and Bulky Goods within the Service Area. Section 3.2 of the Agreement lists the services excluded from the exclusive franchise, including certain self-hauled, dump truck and roofing company C&D loads.
ANALYSIS
On May 5, 2026, the Refuse and Recycling Committee reviewed and supported eleven recommendations from R3 Consulting Group to streamline administration, improve compliance tracking, strengthen enforcement and align local rules with CALGreen. Some of these changes are administrative and some require adoption by the Council.
The administrative changes are as follows:
1. Adopt a third-party software platform as the Town’s C&D tracking system. Staff have received a proposal and demonstration from Green Halo Systems. A contract has been drafted for City Manager approval, with implementation anticipated within one month of contract approval. Staff are targeting a January 1, 2027, launch, with on-site support during the first week of public use.
2. End the deposit system for C&D recycling. Staff are coordinating the phaseout of the existing deposit system alongside the potential implementation of Green Halo. Deposits for projects submitted before January 1, 2027, will continue to be tracked, with eligible refunds processed as projects are completed.
3. Require evidence of compliance with 3rd Party system before final inspection from the Building Department. Instead of using the deposit system to encourage compliance, the Building Department will help enforce compliance by having projects demonstrate compliance (green check mark or red “X”) with C&D requirements in Green Halo.
Registering a project for Green Halo will be part of the permit requirements, and the green check mark will ensure the project diverted the necessary amount and will be excused from penalty fees.
4. Update C&D Recycling Criteria Documents. Staff worked with the Building Department to make internal documents related to construction and demolition (C&D) recycling consistent with one another. Several of these documents have already been updated and given to builders as a guide to the Town’s C&D ordinance.
5. Update the guidelines for Construction Operations and Parking Plans. Staff have developed a separate handout (Attachment 1), titled Debris Box & Recycling Requirements, which is referenced in the recently adopted Construction Management and Operations Plan (CMOP). The handout provides builders and contractors with clear guidance on the Town’s debris box and recycling requirements, including applicable procedures and expectations for compliance.
6. Update the Town’s Building Department Website. Staff will be updating the Town’s Building Department website for consistency closer to the January 1, 2027, rollout of Green Halo.
7. Begin Enforcement Period for C&D Debris Boxes. The Building Department has been implementing a soft enforcement approach at the inspection stage by reminding contractors of the Town’s exclusive franchise requirements for C&D debris box and roll off services.
Staff have focused on education and clear communication, working directly with contractors to address noncompliance and bring projects into compliance with the new requirements. To support future enforcement, provisions for administrative citations have been incorporated into the proposed updates to the Town Code. This will provide Code Enforcement with the appropriate authority to intervene when violations persist or escalate and, when necessary, issue administrative citations to achieve compliance. Staff will continue to prioritize education and voluntary compliance before escalating to formal enforcement measures through 2026.
8. Roll out the new systems to the Contractors/Builders Round Table. Staff plan to continue outreach and engagement at the builder's roundtable and through the Community Development departments.
The following provisions require Council action.
1. Adjust the Administrative Fee to cover the cost of the 3rd Party C&D System. This requires incorporation into the Annual Fee Resolution adoption by Council. Amendments to the Fee Resolution will be forthcoming at mid-year to adjust several impacted fees. Staff are proposing a separate Green Halo fee for applicable C&D projects to cover the Town’s costs of hosting and administering the tracking system. The proposed fee will be presented to the Council at a future meeting for consideration and incorporation into the master fee schedule.
2. Updating Chapter 15 of the Town Code for CalGreen consistency. Requires adoption of Code Amendments by Council. The Town’s Municipal Code currently includes the 2025 Cal Green requirements. CalGreen requires a minimum 65% construction and demolition waste diversion rate. The Town currently requires 75%, consistent with its higher diversion goals and GreenWaste Recovery’s commitment to achieving a townwide diversion rate of 90% or greater.
Proposed changes to Chapter 15.52 can be seen in Attachments 2 and 3. The amendments lightly revise Chapter 15.52 to align with current CALGreen requirements and remove provisions that are inconsistent with them. The Town’s 75% diversion requirement, which exceeds CALGreen’s 65% minimum, is retained, consistent with the Town’s diversion goals and GreenWaste Recovery’s commitment to a townwide diversion rate of 90% or greater.
The amendments also replace the deposit-based process with a requirement that applicants register their projects in the Town’s third-party tracking system, Green Halo, as a condition
of the building permit, and demonstrate diversion compliance in that system before final inspection. Projects that meet the diversion requirement will not be subject to penalty fees.
3. Update Title 18 of the Town Code. Requires adoption of Code Amendments by Council.
The updates to Chapter 18.02 (Attachments 4 and 5) of the Code clarify that non-franchised vendors are not allowed to violate the franchise. The amendments clarify that only the franchised hauler may provide roll off bin services in Town and that non-franchised vendors may not provide services in violation of the franchise, subject to the exceptions in Section 3.2 of the Franchise Agreement. They also give Code Enforcement authority to issue administrative citations when violations persist or escalate after education and warnings. Staff will continue to prioritize education and voluntary compliance through the end of 2026.
The ordinances (Attachments 2 and 4), drafted by staff and R3 Consulting Group, amend two chapters of the Municipal Code so that it reflects the exclusive C&D franchise in effect since January 1, 2026, and the new compliance process recommended by R3 and supported by the Refuse and Recycling Committee on May 5, 2026.
Staff are targeting a January 1, 2027, launch of Green Halo, pending City Manager approval of the contract. A separate fee to cover the Town’s cost of hosting and administering the system will be presented to the Council this fall for incorporation into the master fee schedule. Staff will also update the Building Department website and continue outreach through the builders’ roundtable ahead of the launch.
FISCAL IMPACT
Adoption of the proposed ordinances has no direct fiscal impact beyond staff time already budgeted for program administration and enforcement. Implementation of the Green Halo tracking system includes a one-time setup fee of $6,500 for the Town’s tracker portal. This cost, along with ongoing monthly hosting and access fees and the Town’s costs to administer the system, will be recovered through a Green Halo fee on applicable C&D projects. Staff will present the proposed fee to the Council for adoption before January 1, 2027.
Ending the deposit system is not expected to affect Town revenue, since deposits are refundable funds held until projects meet C&D requirements. Existing deposits on active projects will continue to be tracked, and eligible refunds will be processed as those projects are completed. The change is expected to reduce the staff time currently spent administering deposits and refunds.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal 4 – Be Forward-Thinking
POLICY FOCUS
Key policy considerations include retaining the Town’s 75% C&D diversion requirement, which exceeds the CALGreen minimum of 65%; replacing the deposit system with a requirement that applicants demonstrate diversion compliance in the Town’s tracking system before final inspection; and authorizing Code Enforcement to issue administrative citations for violations of the exclusive franchise. Staff will continue to emphasize education and voluntary compliance through the end of 2026, with full enforcement beginning January 1, 2027.
PUBLIC NOTICE
Notice of the public hearing on the proposed amendments to the Municipal Code was published in the Almanac on September 25, 2026, and the Townwide Fall Athertonian delivered on October 2, 2026. In addition, the agenda, with this item listed, was posted in print and electronically at least 72 hours before the meeting.
Debris Box & Recycling Requirements –
Construction Management and Operations Plan (CMOP)
1. Debris Box is required. Any roll off bin used in conjunction with construction and demolition shall be placed completely on the private property (not in the right-of-way).
The debris box shall be accessible from a paved or rocked access road. All debris box services and hauling activities shall comply with the Town’s exclusive franchise agreement and applicable provisions of the Atherton Municipal Code.
As of January 1, 2026, GreenWaste Recovery will have the exclusive right to collect, transport, recycle, process, and dispose of all Construction and Demolition Debris (C&D) in the Town of Atherton.This change follows a 2020 City Council decision and ensures compliance with waste diversion requirements.
Use of unauthorized or non-franchised debris box providers or haulers for franchised materials is prohibited.
a. The applicant shall identify in the COP Plan the debris box provider and describe how construction and demolition debris will be collected, transported, recycled, salvaged, reused, or disposed of in compliance with Town requirements. b. Projects utilizing self-haul services shall identify the materials to be self-hauled, the facilities receiving such materials, and provide documentation demonstrating compliance with Town Code self-haul requirements.
2. Recycling Requirements. Projects subject to the Town’s construction and demolition recycling requirements shall include on the COP Plan a description of how the project will comply with applicable Town Code requirements, CALGreen standards, and Green Halo (our debris tracking or reporting system).
a. The applicant shall acknowledge the Town’s minimum diversion requirements and shall enlist with Green Halo to maintain and submit documentation, including weight tickets and receipts, demonstrating compliance with applicable recycling and diversion requirements.
b. The applicant shall also acknowledge and comply with applicable construction and demolition recycling requirements, including any Town required diversion standards, CALGreen requirements, and Green Halo. The COP Plan shall identify whether the project will utilize the Town’s authorized franchise hauler or approved self-haul activities for construction and demolition debris management.
Debris Box & Recycling Requirements –
Construction Management and Operations Plan (CMOP)
Projects may also be required to post Town approved signage or stickers identifying whether the project is utilizing authorized debris box services or approved self-haul activities.
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON AMENDING CHAPTER 15.52 OF THE ATHERTON MUNICIPAL CODE REGARDING
RECYCLING OF DEBRIS FROM CONSTRUCTION AND DEMOLITION (C&D) WHEREAS, on October 21, 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 Chapter 15.52 of the Atherton Municipal Code and receive public comment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Atherton that Chapter 15.52 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. Chapter 15.52, "Recycling of Debris from Construction and Demolition", is hereby amended to the Atherton Municipal Code to read as follows:
Chapter 15.52
RECYCLING OF DEBRIS FROM CONSTRUCTION AND DEMOLITION
15.52.010 Findings and purpose.
The city council of the town hereby finds and determines that the town is committed to protecting the public health, safety, welfare and environment; that in order to meet these goals it is necessary that the town promote the reduction of solid waste and reduce the stream of solid waste going to landfills; that under California law as embodied in the California Waste Management Act (California Public Resources Code Sections 40000 et seq.), Atherton is required to prepare, adopt and implement source reduction and recycling elements to reach reduction goals, and is required to make substantial reductions in the volume of waste materials going to landfill, under the threat of penalties of ten thousand dollars per day; that construction and demolition projects in Atherton are required to recycle construction and demolition waste per the California Green Building Standards Code, also known as CALGreen (CCR Title 24, Part 11), which has been adopted and incorporated by reference into town code §15.19.010; that debris from construction and demolition of buildings represents a large portion of the volume presently coming from Atherton, and that much of said debris is particularly suitable for
recycling; and that Atherton’s commitment to the reduction of waste and to compliance with state law requires the establishment of programs for recycling and salvaging construction and demolition materials. The city council recognizes that requiring construction and demolition (C&D) debris to be recycled and reused may in some respects add modestly to the cost of demolition and in other respects may make possible some cost recovery and cost reduction; and that it is necessary in order to protect the public health, safety and welfare that the following regulations be adopted. (Ord. 529, 2002)
15.52.020 Definitions.
For purposes of this chapter the following definitions apply:
A. “Contractor” means any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in Atherton.
B. “Covered project” means any project that is subject to CALGreen C&D debris recycling requirements. Covered project may include, but is not limited to the following, as determined by the building official or designee: new construction, qualifying additions and alterations, and qualifying demolition, and in particular may include projects subject to the construction waste management requirements of Sections 4.408 and 5.408 of CCR Title 24, Part 11.
C. “Construction and demolition debris” or “C&D debris” means:
1. Discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project.
2. Clean cardboard, paper, plastic, wood scraps, and metal scraps from any construction and/or landscape project.
3. De minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the industry.
4. Mixing of C&D debris with other types of solid waste will cause it to be classified as other than C&D debris.
D. “Demolition” means the decimating, razing, ruining, tearing down, or wrecking of any facility, structure, pavement, or building, whether in whole or in in part, whether interior or exterior.
E. “Designated recyclable and reusable materials” means:
1. Masonry building materials including all products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick.
2. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted.
3. Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use.
4. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences.
5. Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material.
6. Salvageable materials including all salvageable materials and structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances.
F. “Mixed C&D recycling facility” means a facility that accepts mixed C&D debris for the purpose of manually and/or mechanically sorting the material into recyclable components for the purpose of recycling a portion of the total material entering the facility.
G. “Approved mixed C&D recycling facility” means a facility which has been identified by the building official as having recycling rates, reporting mechanisms, and sorting systems which have the highest potential for helping the town achieve its recycling goals and policies. (Ord. 529, 2002)
15.52.030 Deconstruction and salvage and recovery.
Every structure planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition. No demolition shall commence until a period of ten working days has elapsed from the date of issuance of the demolition permit, in order to facilitate deconstruction, salvage and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the recycling requirements of this chapter. Recovered or
salvaged materials may be given or sold on the premises, or may be removed to reuse warehouse facilities for storage or sale. Title to recyclable materials forwarded to the operator of recycling facilities or of a landfill that is under contract to the cities in southern San Mateo County will transfer to the service provider upon departure of materials from the site. (Ord. 529, 2002)
15.52.040 Recycling requirements.
All covered projects shall adhere to the requirement that seventy-five percent of the total nonhazardous C&D debris tonnage generated by the project be diverted from landfills by using recycling, reuse, or diversion programs.
15.52.050 Information required before issuance of permit.
Every applicant shall register their project and submit properly completed recycling and waste reduction plans, in a form or format as prescribed by the building official, which may include registration and plan submittal via an online software platform. The plans shall contain a goodfaith estimate of the tonnage or other specified units of construction and/or demolition debris to be generated from construction and demolition on the site. Approval of the project registration and plans as complete and satisfactory shall be a condition precedent to issuance of any building or demolition permit. (Ord. 529, 2002)
15.52.060 Administrative fee.
As a condition precedent to issuance of any permit for a covered project, the applicant shall pay to the town a fee sufficient to compensate the town for all expenses incurred in administering, reviewing, and monitoring compliance with the permit and this chapter. The amount of this fee shall be determined in accordance with the current resolution of the city council. (Ord. 529, 2002)
15.52.070 On site practices.
During the term of the covered project, the contractor shall recycle C&D debris in compliance with this Chapter and with CALGreen, and shall maintain and provide to the Town upon request evidence of records sufficient to demonstrate compliance with the requirements of this chapter.
The contractor or other responsible party shall submit required project information and documentation through the recycling management system designated by the town within the time periods established by the building official.
Required records may include, but are not limited to, weight tickets, receipts, invoices, facility records, photographs, or other documentation demonstrating that materials generated by the project were recycled, reused, salvaged, or otherwise properly disposed of.
The building official will evaluate and monitor each project to gauge the amounts of materials recycled, salvaged and disposed from the project.
To the maximum extent feasible, on-site separation of scrap wood and clean green waste in a designated debris box or boxes shall be arranged, in order to permit chipping and mulching for soil enhancement or land cover purposes. In order to protect chipping and grinding machinery, metal and other materials which cannot be chipped or ground shall not be placed in such boxes.
On-site separation shall be undertaken for wallboard to the extent feasible on new construction. (Ord. 529, 2002)
15.52.080 Reporting.
Within the time period established by the building official, following the completion of any covered project, the contractor or other responsible party shall submit required documentation through the recycling management system designated by the town to demonstrate compliance with the requirements of Section 15.52.040.
Documentation for a covered project must be submitted and approved by the building official before final inspection. If a project involves both demolition and construction, the documentation for the demolition project must be submitted and approved by the building official before issuance of a building permit for construction.
Failure to submit the required documentation within the established time period, or to meet the CALGreen C&D debris recycling requirements, shall constitute a violation of this chapter.
As required, the building official shall maintain records and prepare reports regarding the number and types of permits issued; the number and types of projects covered by recycling requirements; and the total tonnage generated and recycled from completed projects. (Ord. 529, 2002)
15.52.090 Administrative Citations.
Violations of the provisions of this chapter shall be subject to administrative citations pursuant to the provisions of Section 1.21 of this code.
15.52.100 Designation of approved mixed C&D recycling facility.
The building official may identify individual facilities as an approved mixed C&D recycling facility and require contractors working on projects covered by the recycling requirements of this chapter to deliver non-source-separated construction and demolition materials to these facilities for the purpose of helping to increase town recycling rates and achievement of AB 939 goals.
Covered projects that deliver all non-source-separated C&D debris to mixed C&D recycling facilities approved by the building official shall be deemed to have met the requirements of Section 15.52.040.
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.
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 21st of October 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
4932-9466-5427.1 014537.030
Chapter 15.52
RECYCLING AND DIVERSION OF DEBRIS FROM CONSTRUCTION AND
DEMOLITION
15.52.010 Findings and purpose.
The city council of the town hereby finds and determines that the town is committed to protecting the public health, safety, welfare and environment; that in order to meet these goals it is necessary that the town promote the reduction of solid waste and reduce the stream of solid waste going to landfills; that under California law as embodied in the California Waste Management Act (California Public Resources Code Sections 40000 et seq.), Atherton is required to prepare, adopt and implement source reduction and recycling elements to reach reduction goals, and is required to make substantial reductions in the volume of waste materials going to landfill, under the threat of penalties of ten thousand dollars per day; that debris from demolition and constructionconstruction and demolition projects in Atherton are required to recycle construction and demolition waste per the California Green Building Standards Code, also known as CALGreen (CCR Title 24, Part 11), which has been adopted and incorporated by reference into town code in §15.19.010; that debris from construction and demolition of buildings represents a large portion of the volume presently coming from Atherton, and that much of said debris is particularly suitable for recycling; and that Atherton’s commitment to the reduction of waste and to compliance with state law requires the establishment of programs for recycling and salvaging construction and demolition materials;. The city council recognizes that requiring demolition and construction and demolition (C&D) debris to be recycled and reused may in some respects add modestly to the cost of demolition and in other respects may make possible some cost recovery and cost reduction; and that it is necessary in order to protect the public health, safety and welfare that the following regulations be adopted. (Ord. 529, 2002)
15.52.020 Definitions.
For purposes of this chapter the following definitions apply:
4932-9466-5427.1 014537.030
A. “Contractor” means any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the State of California, or who performs (whether as contractor, subcontractor or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in Atherton.
B. “Covered project” means any project that is subject to CALGreen C&D debris recycling requirements. Covered project may include, but is not limited to the following, as determined by the building fofficial, or designee:, new construction, qualifying additions and alterations, and qualifying demolition, and in particular may include projects subject to the construction waste management requirements of Sections 4.408 and 5.408 of CCR Title 24, Part 11has an estimated cost above fifty thousand dollars or will generate more than ten tons of construction and demolition debris.
“Covered project” shall not include:
1. drainage;
2. electrical;
3. encroachment;
4. excavation;
5. foundation;
6. grading;
7. mechanical;
8. plumbing;
9. landscape screening;
10. tree removal; or
11. new pools and spas
4932-9466-5427.1 014537.030
C. “Demolition and cConstruction and demolition debris” or “C&D debris” means:
1. Discarded materials generally considered to be not water soluble and nonhazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project.
2. Clean cardboard, paper, plastic, wood scraps, and metal scraps from any construction and/or landscape project.
3. Non-construction and demolition debris wood scraps.
43. De minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the industry.
54. Mixing of construction and demolitionC&D debris with other types of solid waste will cause it to be classified as other than construction and demolitionC&D debris.
D. “Demolition” means the decimating, razing, ruining, tearing down, or wrecking of any facility, structure, pavement, or building, whether in whole or in in part, whether interior or exterior.
ED. “Designated recyclable and reusable materials” means:
1. Masonry building materials including all products generally used in construction including, but not limited to asphalt, concrete, rock, stone and brick.
2. Wood materials including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted.
4932-9466-5427.1 014537.030
3. Vegetative materials including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use.
4. Metals including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences.
5. Roofing materials including wood shingles as well as asphalt, stone and slate based roofing material.
6. Salvageable materials including all salvageable materials and structures including, but not limited to wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances.
FE. “Mixed C&D recycling facility” means a facility that accepts mixed construction and demolitionC&D debris for the purpose of manually and/or mechanically sorting the material into recyclable components for the purpose of recycling a portion of the total material entering the facility.
GF. “Approved mixed C&D recycling facility” means a facility which has been identified by the building official as having diversionrecycling rates, reporting mechanisms, and sorting systems which have the highest potential for helping the town achieve its diversionrecycling goals and policies. (Ord. 529, 2002)
15.52.030 Deconstruction and salvage and recovery.
Every structure planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition. No demolition shall commence until a period of ten working days has elapsed from the date of issuance of the demolition permit, in order to facilitate deconstruction, salvage and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversionrecycling requirements of this chapter. Recovered or salvaged materials may be given or sold on the premises, or may be removed to reuse warehouse facilities for storage or sale. Title to recyclable
4932-9466-5427.1 014537.030
materials forwarded to the operator of recycling facilities or of a landfill that is under contract to the cities in southern San Mateo County will transfer to the service provider upon departure of materials from the site. (Ord. 529, 2002)
15.52.040 DiversionRecycling requirements.
All covered projects shall adhere to the requirement that seventy-five percent of the total nonhazardous C&D debris tonnage generated by the project be diverted from landfills by using recycling, reuse, or diversion programs. the C&D debris recycling requirements as stated in CALGreen (CCR Title 24, Part 11).
It is required that at least the following specified percentages of the waste tonnage of the nonhazardous demolition and construction debris generated from the following categories of covered projects shall be diverted from landfills by using recycling, reuse and diversion programs:
A. Demolition: seventy-five percent of total waste tonnage.
B. Full residential reroofing projects: seventy-five percent of waste tonnage.
C. New construction: seventy-five percent of waste tonnage.
D. Alteration and additions: seventy-five percent of total waste tonnage.
Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction. (Ord. 622 § 11, 2016; Ord. 529, 2002)
15.52.050 Information required before issuance of permit.
Every applicant shall register their project and submit a properly completed “recycling and waste reduction plan”, onplans, in a form or format as prescribed by the building official., which may include registration and plan submittal via an online software platform. The formplans shall contain an accuratea good-faith estimate of the tonnage or other specified units of construction and/or demolition debris to be generated from construction and demolition on the site. Approval of the formproject registration and plans as complete and accuratesatisfactory shall
4932-9466-5427.1 014537.030
be a condition precedent to issuance of any building or demolition permit. (Ord. 529, 2002)
15.52.060 Deposit required.
As a condition precedent to issuance of any permit that involves the production of solid waste destined to be delivered to a landfill and is identified as a covered project needing to comply with the diversion requirements of this chapter, the applicant shall post a cash deposit in the amount of fifty dollars for each estimated ton of construction and/or demolition debris to be recycled, but not less than one thousand dollars for all covered projects except residential reroofing projects, which shall be required to post a cash deposit of not less than five hundred dollars.
The deposit or cash bond shall be returned, without interest, in total or in proportion, upon proof to the satisfaction of the building official, that no less than the required percentages or proven proportion of those percentages of the tons of debris generated by the demolition and/or construction project have been diverted from landfills and have been recycled or reused. If a lessor percentage of tons or cubic yards than required is diverted, a proportionate share of the deposit will be returned. The deposit shall be forfeited entirely if there is a failure to comply with the requirements of this chapter. (Ord. 529, 2002)
15.52.060070 Administrative fee.
As a condition precedent to issuance of any permit for a covered project that involves the production of solid waste destined to be delivered to a landfill, the applicant shall pay to the town a cash fee sufficient to compensate the town for all expenses incurred in administering, reviewing, and monitoring compliance with the permit and this chapter. The amount of this fee shall be determined in accordance with the then current resolution of the city council. (Ord. 529, 2002)
15.52.070080 On site practices.
During the term of the covered project, the contractor shall recycle or divertC&D debris in compliance with this Chapter and with CALGreen, and shall maintain and showprovide to the Town upon request evidence of records sufficient to demonstrate compliance with the requirements of this chapter.
4932-9466-5427.1 014537.030
The contractor or other responsible party shall submit required percentages of materials, and keep records thereof in tonnage or in other measurements approvedproject information and documentation through the recycling management system designated by the tTown within the time periods established by the building official that can be converted to tonnage. .
Required records may include, but are not limited to, weight tickets, receipts, invoices, facility records, photographs, or other documentation demonstrating that materials generated by the project were recycled, reused, salvaged, or otherwise properly disposed of.
The building official will evaluate and monitor each project to gauge the percentageamounts of materials recycled, salvaged and disposed from the project.
The required diversion of a minimum of the required percentages of the demolition and construction debris will be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved. To the maximum extent feasible, on-site separation of scrap wood and clean green waste in a designated debris box or boxes shall be arranged, in order to permit chipping and mulching for soil enhancement or land cover purposes. In order to protect chipping and grinding machinery, metal and other materials which cannot be chipped or ground shall not be placed in such boxes. On-site separation shall be undertaken for wallboard to the extent feasible on new construction. (Ord. 529, 2002)
15.52.080090 Reporting.
Within sixty daysthe time period established by the building official, following the completion of any covered project, the contractor shall, as a condition precedent to the return of any cash deposits,or other responsible party shall submit required documentation to the building official which provesthrough the recycling management system designated by the town to demonstrate compliance with the requirements of Section 15.52.040. Separate reports shall be required for the demolition and new construction phases of a covered project. The documentation shall consist of a final completed “recycling and waste reduction report” showing actual data of tonnage of materials recycled and diverted, supported by originals or
4932-9466-5427.1 014537.030
certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of. If a project involves both demolition and construction, the report and
Documentation for a covered project must be submitted and approved by the building official before issuance of a final permitfinal inspection. If a project involves both demolition and construction, the documentation for the demolition project must be submitted and approved by the building official before issuance of a building permit for the construction project. Alternately, the permittee may submit a letter stating that no waste or recyclable materials were generated from the project, in which case this statement shall be subject to verification by the building official. Any deposit posted pursuant to Section shall be forfeited if the permittee does not meet the timely reporting requirements of this section.construction.
Failure to submit the required documentation within the established time period, or to meet the CALGreen C&D debris recycling requirements, shall constitute a violation of this chapter.
As required, the building official shall maintain records and prepare a report that describesreports regarding the number and typetypes of permits issued; the number and typetypes of projects covered by diversionrecycling requirements; the amount of deposit received; and the total tonnage generated and divertedrecycled from completed projects. (Ord. 529, 2002)
15.52.100 Violation a public nuisance.
Each violation of the provisions of this chapter shall constitute a public nuisance and be subject to abatement as such, pursuant to the provisions of Chapter of this code. The costs of abatement of any such nuisance shall be a lien upon the property involved. (Ord. 529, 2002)
4932-9466-5427.1 014537.030
15.52.090110 PenaltiesAdministrative Citations.
Each vViolations of the provisions of this chapter shall be subject to administrative citations pursuant to the provisions of Section 1.21 of this code. constitute a misdemeanor, and shall be punishable by imprisonment in the county jail for not to exceed six months, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a new and separate offense. (Ord. 529, 2002)
15.52.120 Exemption from diversion requirements.
A permit applicant may apply to the building official for an exemption to the diversion requirements of this chapter at the time of the submittal of the recycling and waste reduction plan. The recycling and waste reduction plan must still be filled out, with data indicating what diversion percentage the applicant considers feasible. In addition, a waiver request form must be completed that indicates the reasons the applicant is requesting an exemption from the diversion requirements.
Exemptions will be considered based on contamination by hazardous materials and low recyclability of specific materials. (Ord. 529, 2002)
15.52.100130 Designation of approved mixed C&D recycling facility.
The building official may identify individual facilities as an approved mixed C&D recycling facility and require contractors working on projects covered by the diversionrecycling requirements of this chapter to deliver non-source-separated construction and demolition materials to these facilities for the purpose of helping to increase town diversionrecycling rates and achievement of AB939AB 939 goals.
Covered projects whothat deliver all non-source-separated construction and demolitionC&D materials debris to mixed C&D recycling facilities approved by the building official shall be deemed to have met the requirements of Section
15.52.040. (Ord. 529, 2002)
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF ATHERTON AMENDING CHAPTER 18.02 OF THE ATHERTON MUNICIPAL CODE REGARDING
THE OPERATION OF SOLID WASTE RECOVERY
WHEREAS, on October 21, 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 Chapter 18.02 of the Atherton Municipal Code and receive public comment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Atherton that Chapter 18.02 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. Chapter 18.02, "Operation", is hereby amended to the Atherton Municipal Code to read as follows:
Chapter 18.02
OPERATION
Sections:
18.02.050 Obligation of solid waste collection service.
18.02.070 Commercial generator requirements.
18.02.090 Solid waste collection areas.
18.02.100 Collection containers.
18.02.110 Collection container maintenance.
18.02.180 Waivers.
18.02.190 Self-haul requirements.
18.02.200 Right to divert recyclable material and organic materials.
18.02.210 Authorized collector requirements.
18.02.050 Obligation of solid waste collection service.
A. Except as otherwise provided by this title, all occupied premises shall subscribe for service provided by the authorized collector as herein specified, and for such service a charge shall be
collected as per a schedule set by the town. The authorized collector shall give written notice to the city manager of the address of any occupied premises within the town which is not subscribing to the collection and disposal service provided by the authorized collector.
B. If any person should fail to subscribe for the collection and disposal of solid waste or violate the provision set forth in Section 8.20.050, said violation shall be presumed to be a nuisance upon the premises and shall be subject to enforcement actions.
C. A mandatory obligation is imposed on each person occupying, managing or operating any premises to separate and recycle all recyclable material and organic materials from the garbage generated on the premises.
D. Every property owner, commercial generator, residential generator, or other organic material generator within the town shall have the obligation for disposal of solid waste as provided in this title through the authorized collector and shall pay the authorized collector for the service at the rates provided therefor. Failure of receipt of a bill does not obviate responsibility for payment. In each instance, the property owner shall be primarily responsible for the payment of the charges provided for herein.
E. Generators shall arrange for a size, quantity, and collection frequency of collection containers to adequately store all solid waste generated in connection with the premises between the times designated for collection service. The town shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the town in order to meet the standards set forth in this title.
F. Generators shall place organic materials in the organic materials collection container; place source separated recyclable materials in the recyclable material collection container; and place garbage and other solid waste materials, as directed, in the approved garbage collection container. Generators shall not place prohibited container contaminants into the garbage collection container, organic materials collection container, or recyclable material collection container consistent with the requirements of the town and authorized collector.
G. Generators shall provide or arrange for access during all inspections and investigations (with the exception of the interior of a private residential property) and cooperate with the town manager or designee during such inspections and investigations.
H. Nothing in this section prohibits generators from preventing or source reducing waste generation, or otherwise diverting recyclable material and organic material as described in Section 18.02.200.
I. Nothing in this title shall prevent generators from self-hauling to an authorized solid waste facility in addition to subscription to the service provided by the authorized collector, consistent with self-hauling requirements in this title or from utilizing a temporary debris box service authorized by the town. No generator shall use or contract with any non franchised hauler in violation of the town’s exclusive franchise agreement or this title. (Ord. 649 § 3, 2021)
18.02.060 Exclusive Franchise Compliance; Unauthorized Collection Prohibited A. Except as otherwise authorized by this title, no person or entity other than the Town’s authorized collector shall collect, transport, remove, haul, or dispose of solid waste, recyclable materials, organic materials, or other materials subject to the exclusive franchise agreement within the town.
B. No person shall contract with, employ, permit, or otherwise authorize any non-franchised or unauthorized hauler to collect, transport, remove, or dispose of solid waste, recyclable materials, organic materials, or other materials subject to the exclusive franchise agreement within the town in a manner that violates the town’s exclusive franchise agreement or this title.
C. Any non-franchised person or entity engaging in the collection, transportation, removal, or disposal of solid waste, recyclable materials, organic materials, or other materials subject to the exclusive franchise agreement within the town without authorization from the town shall be in violation of this chapter.
D. The provisions of this section shall not apply to:
1. Self-hauling activities conducted in compliance with Section 18.02.190;
2. Donation, sale, or lawful removal of recyclable materials or organic materials as permitted under Section 18.02.200; or
3. Materials or activities exempted under state law or under the town’s franchise agreement.
18.02.070 Commercial generator requirements.
Commercial generators shall comply with the following requirements:
A. Each commercial generator shall be responsible for compliance with the requirements of this section.
B. Each commercial generator shall subscribe to a level of service with an authorized collector that is sufficient to handle the volume of solid waste generated or accumulated on the premises.
Additionally, each commercial generator shall ensure the proper separation of solid waste, as established by the town or authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site conduct proper source separation of solid waste.
C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors, conforming with requirements of this section, for employees, contractors, tenants, and customers, consistent with the service provided by the authorized collector.
D. Annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of solid waste.
E. Provide educational information before, or within, fourteen days of occupation of the premises to new tenants that describes requirements to source separate solid waste (as established by the town and authorized collector) and the location of collection containers and the rules governing their use at each property.
F. Accommodate and cooperate with the town designee’s monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator’s compliance.
G. If a commercial generator self-hauls, the commercial generator shall meet the self-haul requirements of this title.
H. Provide containers for the collection of organic materials and recyclable materials (as established by the town and authorized collector) in all indoor and outdoor areas where garbage disposal containers are provided for customers, for materials generated on site. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that would be collected in one type of collection container, then it is not required to provide that type of collection container in all areas where disposal collection containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the collection containers shall have either:
1. A body or lid that is gray or black for collection of garbage (and other solid waste materials as directed by the town), blue for collection of recyclable materials, and green for collection of designated organic materials. A commercial generator is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
I. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a collection container not designated for those materials as established by the town and authorized collector.
J. Periodically inspect collection containers for contamination and inform employees if containers are contaminated and of the requirements to keep prohibited container contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
K. Commercial generators that are commercial edible food generators, as defined, shall comply with commercial edible food generator requirements in this title. (Ord. 649 § 3, 2021)
18.02.090 Solid waste collection areas.
Each commercial business shall:
A. Designate space on the property to be used for storage of collection containers for all solid waste generated on the property.
B. Commercial businesses which receive communal service from the authorized collector shall provide and maintain space within or adjacent to each waste enclosure, or adjacent to each garbage collection container(s) for placement of sufficient organic materials collection container(s) and recyclable material collection container(s) per the town’s authorized collector.
C. Post a sign clearly identifying all solid waste collection areas and the materials accepted in each container therein shall be posted adjacent to all points of access to the collection area(s). (Ord. 649 § 3, 2021)
18.02.100 Collection containers.
It shall be the duty of every property owner, occupant, and tenant of any premises within the town to store all solid waste in collection containers supplied by the authorized collector. These collection containers shall be constructed of metal or an approved plastic material and type which shall be watertight, nonabsorbent, animal resistant, durable, easily cleanable, equipped with handles, and having tight fitting covers such that the containers hold the solid waste without spillage and leakage, escape of odors, or access of flies to the contents thereof (adapted from 14 CCR Section 17315). (Ord. 649 § 3, 2021)
18.02.110 Collection container maintenance.
Each collection container and its cover shall be kept clean, and the cover shall not be removed except to place solid waste therein or to empty the same. The authorized collector will maintain or replace collection containers as needed. (Ord. 649 § 3, 2021)
18.02.180 Waivers.
Pursuant to 14 CCR Section 18984.11, the town may grant waivers to commercial businesses for physical space limitations and/or de minimis volumes. Commercial businesses seeking a waiver shall submit their request in a form specified by the town manager. After reviewing the waiver request, and after an on-site review, if applicable, the city manager may either approve or deny the following waiver requests:
A. De Minimis Waivers. The town may waive a commercial business’s obligation to comply with some or all the organic waste collection service if the commercial business meets the following requirements:
1. Submit an application specifying the type of waiver requested and provide documentation as described below.
2. Provide documentation that either:
a. The commercial business receives two cubic yards or more per week of service provided by the authorized collector and disposed organic materials subject to collection in the organic materials or recyclable materials container (as directed by the town’s solid waste collection service) comprises less than twenty gallons per week of the business’s total weekly solid waste; or
b. The commercial business receives less than two cubic yards of weekly service provided by the authorized collector and disposed organic materials subject to collection in the organic materials or recyclable materials container (as directed by the town’s solid waste collection service) comprises less than ten gallons per week of the business’s total weekly solid waste volume.
c. For the purposes of subsections (A)(2)(a) and (b) of this section, weekly solid waste shall be the sum of weekly volume of all collection containers measured in cubic yards.
3. Notify the town if circumstances change such that volume of commercial business’s disposed organic materials subject to collection in the organic materials or recyclable materials container (as directed by the town and authorized collector) exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every five years if the town has approved de minimis waiver.
B. Physical Space Waivers. The town may waive a commercial business’s obligations to comply with some or all of the commercial generator requirements if the town has evidence from its own staff, authorized collector, licensed architect, or licensed engineer demonstrating that the
premises lacks adequate space for the collection containers required for compliance with the organic materials collection requirements. A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a waiver from mandatory collection service.
2. Provide documentation that the premises lacks adequate space for the approved recycling collection containers and approved organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer.
3. Provide written verification to the town that it is still eligible for physical space waiver every five years if the town has approved application for a physical space waiver. (Ord. 649 § 3, 2021)
18.02.190 Self-haul requirements.
Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic materials to a solid waste facility, operation, activity, or property that processes or recovers source separated organic materials, or shall haul solid waste containing organic materials to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
A. Self-haulers that are commercial businesses shall keep a record of the quantity of organic materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic materials; this record shall be subject to inspection by the town. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste. If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic materials.
2. The amount of material in cubic yards or tons transported by the generator to each entity. (Ord. 649 § 3, 2021)
18.02.200 Right to divert recyclable material and organic materials.
Nothing in this title limits the right of any person to donate, sell, or otherwise remove their recyclable materials so long as the removal otherwise complies with this title.
Organic materials may be fed to animals on the premises where such organic materials are produced; provided, that the premises are always kept in a sanitary condition to the satisfaction
of the town manager; and provided further, that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.
Organic materials may be used in on-site composting or community composting, pursuant to 14 CCR Section 18984.9(c); provided, that such operation conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated. (Ord. 649 § 3, 2021)
18.02.210 Authorized collector requirements.
An authorized collector providing residential, commercial, or industrial organic materials collection service to generators within the town shall meet the following requirements and standards in connection with collection of organic materials:
A. Through written notice to the town annually identify the facilities to which they will transport organic materials including facilities for source separated recyclable materials and organic materials.
B. Transport source separated recyclable materials to a facility that recycles those materials and transport organic materials to a facility, operation, activity, or property that recovers organic materials as defined in 14 CCR, Division 7, Chapter 12, Article 2.
C. Obtain approval from the town to haul organic materials, unless it is transporting organic materials to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.
Any person providing any service, function, or activity governed by this title who has obtained a business license from or entered into a contract or franchise agreement with the town shall fully comply with the terms of such franchise agreement, contract, business license as well as with the provisions of this title, and the administrative rules promulgated herein, and applicable state laws. Nothing contained in, or absent from, the provisions of this title shall relieve any such person of any obligation contained in such franchise agreement, contract, or business license, nor shall the fact of such franchise agreement, contract, or business license in any way relieve such person from the obligation to comply with this code and other applicable laws. (Ord. 649 § 3, 2021)
18.02.### Administrative Citations.
Violations of the provisions of this chapter shall be subject to administrative citation pursuant to the provisions of Sections 1.20 and 1.21 of this code. Violators may also be subject to penalties pursuant to the provisions of Chapter 15.40.
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.
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 21st of October 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
Chapter 18.02
OPERATION
Sections:
18.02.050 Obligation of solid waste collection service.
18.02.070 Commercial generator requirements.
18.02.090 Solid waste collection areas.
18.02.100 Collection containers.
18.02.110 Collection container maintenance.
18.02.180 Waivers.
18.02.190 Self-haul requirements.
18.02.200 Right to divert recyclable material and organic materials.
18.02.210 Authorized collector requirements.
18.02.050 Obligation of solid waste collection service.
A. Except as otherwise provided by this title, all occupied premises shall subscribe for service provided by the authorized collector as herein specified, and for such service a charge shall be collected as per a schedule set by the town. The authorized collector shall give written notice to the city manager of the address of any occupied premises within the town which is not subscribing to the collection and disposal service provided by the authorized collector.
B. If any person should fail to subscribe for the collection and disposal of solid waste or violate the provision set forth in Section 8.20.050, said violation shall be presumed to be a nuisance upon the premises and shall be subject to enforcement actions.
C. A mandatory obligation is imposed on each person occupying, managing or operating any premises to separate and recycle all recyclable material and organic materials from the garbage generated on the premises.
D. Every property owner, commercial generator, residential generator, or other organic material generator within the town shall have the obligation for disposal of solid waste as provided in this title through the authorized collector and shall pay the authorized collector for the service at the rates provided therefor. Failure of
Chapter 18.02
OPERATION
receipt of a bill does not obviate responsibility for payment. In each instance, the property owner shall be primarily responsible for the payment of the charges provided for herein.
E. Generators shall arrange for a size, quantity, and collection frequency of collection containers to adequately store all solid waste generated in connection with the premises between the times designated for collection service. The town shall have the right to review the number and size of such collection containers to evaluate the adequacy of capacity provided for each type of collection service and to review the separation and containment of materials. Generators shall adjust service levels for their collection services as requested by the town in order to meet the standards set forth in this title.
F. Generators shall place organic materials in the organic materials collection container; place source separated recyclable materials in the recyclable material collection container; and place garbage and other solid waste materials, as directed, in the approved garbage collection container. Generators shall not place prohibited container contaminants into the garbage collection container, organic materials collection container, or recyclable material collection container consistent with the requirements of the town and authorized collector.
G. Generators shall provide or arrange for access during all inspections and investigations (with the exception of the interior of a private residential property) and cooperate with the town manager or designee during such inspections and investigations.
H. Nothing in this section prohibits generators from preventing or source reducing waste generation, or otherwise diverting recyclable material and organic material as described in Section 18.02.200.
I. Nothing in this title shall prevent generators from self-hauling to an authorized solid waste facility in addition to subscription to the service provided by the authorized collector, consistent with self-hauling requirements in this title or from utilizing a temporary debris box service authorized by the town. No generator shall
Chapter 18.02
OPERATION
use or contract with any non franchised hauler in violation of the town’s exclusive franchise agreement or this title. (Ord. 649 § 3, 2021)
18.02.060### Exclusive Franchise Compliance; Unauthorized Collection Prohibited
A. Except as otherwise authorized by this title, no person or entity other than the Town’s authorized collector shall collect, transport, remove, haul, or dispose of solid waste, recyclable materials, organic materials, or other materials subject to the exclusive franchise agreement within the town.
B. No person shall contract with, employ, permit, or otherwise authorize any nonfranchised or unauthorized hauler to collect, transport, remove, or dispose of solid waste, recyclable materials, organic materials, or other materials subject to the exclusive franchise agreement within the town in a manner that violates the town’s exclusive franchise agreement or this title.
C. Any non-franchised person or entity engaging in the collection, transportation, removal, or disposal of solid waste, recyclable materials, organic materials, or other materials subject to the exclusive franchise agreement within the town without authorization from the town shall be in violation of this chapter.
D. The provisions of this section shall not apply to:
1. Self-hauling activities conducted in compliance with Section 18.02.190;
2. Donation, sale, or lawful removal of recyclable materials or organic materials as permitted under Section 18.02.200; or
1.3. Materials or activities exempted under state law or under the town’s franchise agreement.
18.02.070 Commercial generator requirements.
Commercial generators shall comply with the following requirements:
A. Each commercial generator shall be responsible for compliance with the requirements of this section.
Chapter 18.02
OPERATION
B. Each commercial generator shall subscribe to a level of service with an authorized collector that is sufficient to handle the volume of solid waste generated or accumulated on the premises. Additionally, each commercial generator shall ensure the proper separation of solid waste, as established by the town or authorized collector, by placing each type of material in designated collection containers, and ensure that employees, contractors, volunteers, customers, visitors, and other persons on site conduct proper source separation of solid waste.
C. Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors, conforming with requirements of this section, for employees, contractors, tenants, and customers, consistent with the service provided by the authorized collector.
D. Annually provide information to employees, contractors, tenants, and customers about organic materials recovery requirements and about proper sorting of solid waste.
E. Provide educational information before, or within, fourteen days of occupation of the premises to new tenants that describes requirements to source separate solid waste (as established by the town and authorized collector) and the location of collection containers and the rules governing their use at each property.
F. Accommodate and cooperate with the town designee’s monitoring program for inspection of the contents of containers for prohibited container contaminants, to evaluate generator’s compliance.
G. If a commercial generator self-hauls, the commercial generator shall meet the self-haul requirements of this title.
H. Provide containers for the collection of organic materials and recyclable materials (as established by the town and authorized collector) in all indoor and outdoor areas where garbage disposal containers are provided for customers, for materials generated on site. Such containers do not need to be provided in restrooms. If a commercial generator does not generate any of the materials that
Chapter 18.02
OPERATION
would be collected in one type of collection container, then it is not required to provide that type of collection container in all areas where disposal collection containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the collection containers shall have either:
1. A body or lid that is gray or black for collection of garbage (and other solid waste materials as directed by the town), blue for collection of recyclable materials, and green for collection of designated organic materials. A commercial generator is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
I. To the extent practical through education, training, inspection, and/or other measures, prohibit employees from placing materials in a collection container not designated for those materials as established by the town and authorized collector.
J. Periodically inspect collection containers for contamination and inform employees if containers are contaminated and of the requirements to keep prohibited container contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
K. Commercial generators that are commercial edible food generators, as defined, shall comply with commercial edible food generator requirements in this title. (Ord. 649 § 3, 2021)
Chapter 18.02
OPERATION
18.02.090 Solid waste collection areas.
Each commercial business shall:
A. Designate space on the property to be used for storage of collection containers for all solid waste generated on the property.
B. Commercial businesses which receive communal service from the authorized collector shall provide and maintain space within or adjacent to each waste enclosure, or adjacent to each garbage collection container(s) for placement of sufficient organic materials collection container(s) and recyclable material collection container(s) per the town’s authorized collector.
C. Post a sign clearly identifying all solid waste collection areas and the materials accepted in each container therein shall be posted adjacent to all points of access to the collection area(s). (Ord. 649 § 3, 2021)
18.02.100 Collection containers.
It shall be the duty of every property owner, occupant, and tenant of any premises within the town to store all solid waste in collection containers supplied by the authorized collector. These collection containers shall be constructed of metal or an approved plastic material and type which shall be watertight, nonabsorbent, animal resistant, durable, easily cleanable, equipped with handles, and having tight fitting covers such that the containers hold the solid waste without spillage and leakage, escape of odors, or access of flies to the contents thereof (adapted from 14 CCR Section 17315). (Ord. 649 § 3, 2021)
18.02.110 Collection container maintenance.
Each collection container and its cover shall be kept clean, and the cover shall not be removed except to place solid waste therein or to empty the same. The authorized collector will maintain or replace collection containers as needed. (Ord. 649 § 3, 2021)
Chapter 18.02
OPERATION
18.02.180 Waivers.
Pursuant to 14 CCR Section 18984.11, the town may grant waivers to commercial businesses for physical space limitations and/or de minimis volumes. Commercial businesses seeking a waiver shall submit their request in a form specified by the town manager. After reviewing the waiver request, and after an on-site review, if applicable, the city manager may either approve or deny the following waiver requests:
A. De Minimis Waivers. The town may waive a commercial business’s obligation to comply with some or all the organic waste collection service if the commercial business meets the following requirements:
1. Submit an application specifying the type of waiver requested and provide documentation as described below.
2. Provide documentation that either:
a. The commercial business receives two cubic yards or more per week of service provided by the authorized collector and disposed organic materials subject to collection in the organic materials or recyclable materials container (as directed by the town’s solid waste collection service) comprises less than twenty gallons per week of the business’s total weekly solid waste; or
b. The commercial business receives less than two cubic yards of weekly service provided by the authorized collector and disposed organic materials subject to collection in the organic materials or recyclable materials container (as directed by the town’s solid waste collection service) comprises less than ten gallons per week of the business’s total weekly solid waste volume.
c. For the purposes of subsections (A)(2)(a) and (b) of this section, weekly solid waste shall be the sum of weekly volume of all collection containers measured in cubic yards.
Chapter 18.02
OPERATION
3. Notify the town if circumstances change such that volume of commercial business’s disposed organic materials subject to collection in the organic materials or recyclable materials container (as directed by the town and authorized collector) exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every five years if the town has approved de minimis waiver.
B. Physical Space Waivers. The town may waive a commercial business’s obligations to comply with some or all of the commercial generator requirements if the town has evidence from its own staff, authorized collector, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic materials collection requirements. A commercial business or property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a waiver from mandatory collection service.
2. Provide documentation that the premises lacks adequate space for the approved recycling collection containers and approved organic materials collection containers including documentation from its authorized collector, licensed architect, or licensed engineer.
3. Provide written verification to the town that it is still eligible for physical space waiver every five years if the town has approved application for a physical space waiver. (Ord. 649 § 3, 2021)
18.02.190 Self-haul requirements.
Self-haulers shall haul their source separated recyclable materials to a facility that recovers those materials; and haul their source separated organic materials to a solid waste facility, operation, activity, or property that processes or recovers source separated organic materials, or shall haul solid waste containing organic
Chapter 18.02
OPERATION
materials to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
A. Self-haulers that are commercial businesses shall keep a record of the quantity of organic materials delivered to each solid waste facility, operation, activity, or property that processes or recovers organic materials; this record shall be subject to inspection by the town. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste. If the material is transported to an entity that does not have scales on site or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of materials received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic materials.
2. The amount of material in cubic yards or tons transported by the generator to each entity. (Ord. 649 § 3, 2021)
18.02.200 Right to divert recyclable material and organic materials.
Nothing in this title limits the right of any person to donate, sell, or otherwise remove their recyclable materials so long as the removal otherwise complies with this title.
Organic materials may be fed to animals on the premises where such organic materials are produced; provided, that the premises are always kept in a sanitary condition to the satisfaction of the town manager; and provided further, that the keeping and feeding of such animals shall at all times conform to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated.
Organic materials may be used in on-site composting or community composting, pursuant to 14 CCR Section 18984.9(c); provided, that such operation conforms to the applicable regulations of those entities governing the same now in force or which thereafter may be enacted or promulgated. (Ord. 649 § 3, 2021)
Chapter 18.02
OPERATION
18.02.210 Authorized collector requirements.
An authorized collector providing residential, commercial, or industrial organic materials collection service to generators within the town shall meet the following requirements and standards in connection with collection of organic materials:
A. Through written notice to the town annually identify the facilities to which they will transport organic materials including facilities for source separated recyclable materials and organic materials.
B. Transport source separated recyclable materials to a facility that recycles those materials and transport organic materials to a facility, operation, activity, or property that recovers organic materials as defined in 14 CCR, Division 7, Chapter 12, Article 2.
C. Obtain approval from the town to haul organic materials, unless it is transporting organic materials to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.
Any person providing any service, function, or activity governed by this title who has obtained a business license from or entered into a contract or franchise agreement with the town shall fully comply with the terms of such franchise agreement, contract, business license as well as with the provisions of this title, and the administrative rules promulgated herein, and applicable state laws. Nothing contained in, or absent from, the provisions of this title shall relieve any such person of any obligation contained in such franchise agreement, contract, or business license, nor shall the fact of such franchise agreement, contract, or business license in any way relieve such person from the obligation to comply with this code and other applicable laws. (Ord. 649 § 3, 2021)
18.02.### Administrative Citations.
Violations of the provisions of this chapter shall be subject to administrative citation pursuant to the provisions of Sections 1.20 and 1.21 of this code. Violators may also be subject to penalties pursuant to the provisions of SectionChapter 15.40.
Item No. 11
Town of Atherton
4925-7248-6331.1 014537.007
CITY COUNCIL STAFF REPORT – ACTION ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: STEVE MCCULLEY, CHIEF OF POLICE
DATE: OCTOBER 21, 2026
SUBJECT: RESPONSE TO 2025–2026 SAN MATEO COUNTY CIVIL GRAND JURY REPORT, “IS OUR FLOCK OF ALPR CAMERAS PROPERLY
TENDED?” (RELEASED AUGUST 3, 2026)
RECOMMENDATIONS
Staff recommends the Town Council:
• Authorize the Town Manager to submit the Town’s formal response to the Presiding Judge of the San Mateo County Superior Court, as required by Penal Code section 933.05, no later than November 1, 2026 (90 days from the report’s August 3, 2026 release date). • Approve the responses to Findings F1, F3, F6, F7, F8, and F9 set forth in the Analysis section below, consisting of agreement with each finding. • Approve the responses to Recommendations R1, R3, R6, R7, R8, and R9, directing staff to implement R1, R7, and R8 within the current fiscal year, and to bring R6, and R9 back to Council for further analysis within six months, consistent with Penal Code section 933.05(b)(3).
• Direct staff to return to Council with an updated ALPR Policy and Flock Safety contract amendment reflecting these responses.
BACKGROUND
On August 3, 2026, the San Mateo County Civil Grand Jury (“SMCCGJ”) released its report, Is Our Flock of ALPR Cameras Properly Tended?, examining whether Automated License Plate Reader (ALPR) operators throughout San Mateo County comply with California law — principally Civil Code sections 1798.90.5 through 1798.90.55 (SB 34) — and whether operators’ actual practices align with their adopted, publicly posted ALPR policies. The Grand Jury reviewed public agency websites, issued document requests for policies, audit reports, and Flock Safety contracts, and conducted interviews with law enforcement agencies, Flock Safety, and the Northern California Regional Intelligence Center.
Response to the 2025-2026 Civil Grand Report on ALPR
10-21-2026
4925-7248-6331.1 014537.007
Atherton was the first agency in the County to deploy ALPR technology in 2020 and currently operates 53 Flock Safety cameras. As of the Grand Jury’s April 13, 2026, review, the Atherton Police Department maintained 317 network sharing relationships with other agencies (up from 315 in February 2026), including two sharing relationships with private university POSTcompliant official police departments. The report did not find that Atherton, or any SMC operator, currently shares ALPR data with out-of-state entities.
Under Penal Code section 933(c), the Town Council, as the governing body of a public agency named in the report, must respond in writing within 90 days of the report’s release by November 1, 2026. For each finding directed to the Town, the Council must state whether it agrees or disagrees (and if it disagrees, explain why). For each recommendation, the Council must state whether it has been implemented, will be implemented (with a timeframe), requires further analysis (not to exceed six months), or will not be implemented (with an explanation).
The Grand Jury directed six findings (F1, F3, F6, F7, F8, F9) and six corresponding recommendations (R1, R3, R6, R7, R8, R9) specifically to the Atherton Town Council. These are addressed below.
ANALYSIS
The table below summarizes each finding and recommendation directed to Atherton, the Grand Jury’s underlying basis specific to the Town’s ALPR program, and staff’s proposed response.
F1 Atherton’s ALPR Policy is not conspicuously posted, consistent with California DOJ guidance 2023-DLE-06, even though the version reviewed was current. The Grand Jury also noted multiple versions of the policy in circulation. Staff response: Agree. The policy will be consolidated to a single current version and posted conspicuously on the Town’s website (R1).
F3 The Department shares ALPR data with two private university security entities (serving Stanford University and University of the Pacific). The Grand Jury found no record establishing that these recipients qualify as a “public agency” under Civil Code section 1798.90.5(f), or that another statutory basis authorizes the sharing. Staff response: Agree. Both University Police Departments have been removed from having access to our ALPR system data. (R3).
F6 The Town’s Flock Safety contract contains no provision requiring the vendor to comply with California ALPR law. Staff response: Agree. Staff will pursue a contract amendment upon renewal, using the Town of Colma’s CA-compliance addendum as a model (R6).
F7 The ALPR Policy describes a data-sharing process that requires written requests and executed agreements. Still, the Department could not produce records showing that this process was followed for its 317 existing networksharing relationships. Staff response: Agree. The Policy will be revised to reflect the Department’s actual sharing process (R7).
Response to the 2025-2026 Civil Grand Report on ALPR
10-21-2026
4925-7248-6331.1 014537.007
F8 The Policy does not set out written criteria for approving, denying, periodically reviewing, or terminating in-state network-sharing relationships. Staff response: Agree. Written criteria will be added to the Policy (R8).
F9 The retention period stated in the Policy is inconsistent with the retention period reflected on Flock’s Transparency Portal. Staff response: Agree. Staff will reconcile the Policy language with the Town’s actual contracted retention period (R9).
Proposed Implementation Timeline of Recommendations
• R1 (conspicuous posting) and R7/R8 (policy revisions to reflect sharing process and add sharing criteria): Completed
• R3 (The ALPR operator currently identified as sharing ALPR data with private university security entities should obtain and retain a written legal and factual determination that the recipient is a “public agency” under Civil Code section 1798.90.5(f), or that the sharing is otherwise permitted by law; if no lawful basis exists, the operator should terminate the sharing relationship): Completed
• R6 (contract compliance terms): will be pursued at the next Flock Safety contract renewal; staff proposes a six-month timeframe to report back on status and, if renewal timing does not align, an interim addendum.
• R9 (retention period reconciliation): requires coordination with Flock Safety and confirmation of the Town’s actual contract terms: Completed
FISCAL IMPACT
Implementation is expected to be absorbed within existing staff time and current Flock Safety contract costs. No additional appropriation is requested at this time; any cost associated with a contract amendment will be brought back to Council for consideration.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goal:
• Goal E – Strengthen Community Engagement and Transparency
PUBLIC NOTICE
Public notification was achieved by posting the agenda, including this agenda item, at least 72 hours before the meeting in print and electronically. Information about this item is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents and stakeholders, including, but not limited to, media outlets, school districts, the Menlo Park Fire District, service providers (water, power, and sewer), and regional elected officials.
Response to the 2025-2026 Civil Grand Report on ALPR
10-21-2026
4925-7248-6331.1 014537.007
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item ____ has or __X__ has not been before a Town Committee or Commission. ____ Audit/Finance Committee (meets every other month)
____ Bicycle/Pedestrian Committee (meets as needed)
____ Environmental Programs Committee (meets every other month) ____ Park and Recreation Committee (meets each month)
____ Planning Commission (meets each month)
____ Rail Committee (meets every other month)
____ Transportation Committee (meets every other month)
ATTACHMENTS
1. San Mateo County Civil Grand Jury ALPR Report Dated August 3, 2026
2. San Mateo County Civil Grand Jury Letter of Response Request to the ALPR Report Dated August 3, 2026
3. Town of Atherton Letter of Response to the San Mateo County Letter of Request
4. Updated Atherton Police Department Lexipol ALPR Policy
2025 – 2026 San Mateo County Civil Grand Jury Page 1
Is Our Flock of ALPR Cameras
Properly Tended?
San Mateo County Civil Grand Jury
2025-2026
Release Date: August 3, 2026
Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 2
ISSUE | SUMMARY | BACKGROUND | METHODOLOGY | DISCUSSION | FINDINGS RECOMMENDATIONS | REQUEST FOR RESPONSES | RESPONSE REQUIREMENTS | BIBLIOGRAPHY | APPENDIX
ISSUE
Over the past year, Automated License Plate Readers (ALPRs) have come under increasing public scrutiny. This report examines whether ALPR operators in San Mateo County (SMC) are in full compliance with applicable California law and whether their practices align with their adopted ALPR policies.
SUMMARY
Automated License Plate Readers have become widely deployed in SMC, with more than 500 cameras now in operation by law enforcement agencies (LEAs) within the County. The rapid increase in ALPR deployment has been accompanied by California legislation governing ALPR use, and also by increased media coverage of alleged violations. Over the past year, SMC LEAs have made notable operational improvements, particularly with respect to out-of-state data sharing. Most changes were driven by stronger default compliance made by Flock Safety (Flock), now the dominant ALPR platform among the SMC operators reviewed. But SMC ALPR operators continue to have many of the same operational deficiencies identified by a 2019 California State Audit that investigated four operators elsewhere in California. Many of the required policy documents are deficient or need significant revision to accurately reflect current operations, and audit materials produced were inconsistent in scope and rigor. Although the materials reviewed did not identify current sharing by SMC operators with out-of-state entities, most operators did not document criteria, process, or controls governing in-state sharing in a manner sufficient to demonstrate compliance with law. This report presents findings and recommendations to promote transparent operation of ALPR systems consistent with public safety, privacy, and applicable law.
BACKGROUND
Automated License Plate Readers
Automated License Plate Readers (ALPRs) are camera-based systems that automatically capture and analyze license plates on passing vehicles. Cameras are typically located at fixed roadside locations along high-traffic corridors, major intersections, city entry/exit routes, areas with high crime rates, and transportation infrastructure (bridges, tunnels, freeways). These systems combine high-speed cameras, infrared illumination, and optical character recognition software to convert license plate images into searchable digital data. Law enforcement agencies use ALPR systems to locate stolen vehicles, identify vehicles connected to criminal investigations, generate investigative leads, and assist in locating missing persons. When connected through regional or national networks, ALPR systems allow investigators to reconstruct vehicle movements across jurisdictions.
Digital imaging, optical character recognition, and large-scale data storage allow ALPR systems to process large numbers of license plates quickly and automatically. Modern systems can read thousands of plates per hour and store the results in databases that investigators can search later.
When a motor vehicle is detected by an ALPR as it passes through the camera's field of view, a digital record is generated recording the vehicle's license plate number, an image of the plate, a Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 3
contextual image of the vehicle (make, model, color, etc.), the date and time of the scan, the location of the camera, and the identification number of the camera device. Once the image is captured, the digital record is immediately transmitted to a cloud-based database that compares the scanned license plate and other vehicle data against law enforcement watch lists, often referred to as “hot lists,” that may include information on vehicles that have been reported stolen, those associated with criminal investigations, outstanding warrants, or connected to missing persons or Amber Alerts.
When a match occurs, the system can send an alert to officers or dispatch centers in real time.
ALPR cameras are usually deployed as part of a network such that when the same vehicle is detected by multiple cameras, investigators can analyze those detections to determine travel routes and timelines. By default, only data captured by cameras within that local jurisdiction are available.
LEAs typically elect to contribute their data to regional databases or multi-jurisdictional systems that allow sharing across multiple cities, counties, or states. The ability to share data among multiple jurisdictions is more effective in assisting law enforcement in their investigations as suspects rarely limit their travel within a single jurisdiction.
As of March 30, 2026, more than 582 ALPR cameras were deployed across SMC. These cameras are operated by municipal police departments within their respective jurisdictions and by the San Mateo County Sheriff’s Office (SMCSO) in unincorporated areas and in jurisdictions where the Sheriff provides contracted law enforcement services. The only police department in SMC with no ALPR cameras is Broadmoor.
Operator Cameras as of
3/30/2026
Comments
Atherton 53 Earliest in SMC, 2020.
Belmont 10
Brisbane 16
Burlingame 18
Colma 11
Daly City 44
East Palo Alto 25
Foster City 20
Half Moon Bay 14 Separate Flock contract, operated by
SMCSO.
Hillsborough 22
Menlo Park 32
Pacifica 10
Redwood City 25
San Bruno 54
San Mateo 66
Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 4
Operator Cameras as of
3/30/2026
Comments
San Mateo County Sheriff's
Office
109 Includes unincorporated SMC (except
Broadmoor), Portola Valley, San Carlos
and Millbrae.
South San Francisco 37
Woodside 26 Separate Flock contract, operated by
SMCSO
Key Issue
ALPRs and the sharing of image data across jurisdictional lines have created controversy with respect to issues of privacy. While not the focus of this report, some civil liberties groups, including the American Civil Liberties Union (ACLU), argue that vehicle tracking could affect freedom of association if it reveals attendance at protests, political meetings, or religious gatherings (First Amendment).
Others, including the Electronic Frontier Foundation (EFF) question whether large-scale tracking of vehicle locations over time could constitute a search under constitutional law (Fourth Amendment).
While the focus of this report is not to investigate the constitutional issues surrounding ALPRs, data sharing among law enforcement agencies has become a significant public concern and has, in some communities, resulted in the suspension or termination of ALPR programs. Although no such actions have occurred in SMC, several Bay Area jurisdictions—including Mountain View, Los Altos Hills, Santa Clara County, and Santa Cruz—have discontinued their use of ALPR systems.
This report evaluates, based on records obtained during the investigation, whether SMC LEAs satisfy California law governing the use of ALPR systems and the sharing of ALPR data. Civil Code section 1798.90.51 requires APLR operators to implement and publicly post a usage and privacy policy. This report also evaluates whether the policies produced accurately describe actual operations.
Legislative Framework
California has enacted legislation governing the use of ALPR systems, with a focus on transparency, accountability, and limitations on data sharing. The primary statutory framework was enacted by Senate Bill 34 (SB 34) (Stats. 2015, Ch. 532), codified at Civil Code sections 1798.90.5 through 1798.90.55.
Effective January 1, 2016, SB 34 imposes requirements governing the collection, storage, access, and sharing of ALPR data. SB 34 applies to both operators of ALPR systems and entities that access ALPR data. Among other requirements, ALPR operators must adopt written usage policies, maintain detailed audit logs, implement reasonable security measures, and provide an opportunity for public comment prior to implementing an ALPR program. The California Department of Justice has issued guidance on SB 34 in Information Bulletin No. 2023-DLE-06.
In addition to SB 34, Senate Bill 54 (SB 54) (Stats. 2017, Ch. 495), known as the California Values Act (Gov. Code § 7284 et seq.) restricts the use of state and local law enforcement resources for Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 5
federal immigration enforcement purposes. SB 54 limits the sharing of certain information with federal immigration authorities and reinforces the principle that local law enforcement data systems, including ALPR databases, must not be used in a manner inconsistent with California law. The California Department of Justice has issued guidance clarifying these restrictions in Information Bulletin No. 2025-DLE-08.
In 2025, the California Legislature passed Senate Bill 274, which would have imposed additional restrictions and oversight. The bill proposed limiting retention periods for non-matching records and expanding state-level review of ALPR use. However, SB 274 was vetoed by Governor Gavin Newsom, who concluded that SB 274 did “not strike the delicate balance between protecting individual privacy and ensuring public safety,... particularly with respect to cold cases.” Collectively, these statutes establish a legal framework that emphasizes transparency, accountability, and restricted data sharing, while placing primary responsibility for compliance on individual law enforcement agencies.
Data Sharing and Side-Sharing
The effectiveness of ALPR systems depends in large part on the ability of LEAs to share data across jurisdictions. Within most ALPR platforms, each agency organizes its cameras into one or more networks that govern both system configuration and data sharing. Agencies may control which other agencies can discover their networks and whether access requests are automatically approved or require explicit authorization. Once access is granted, authorized users from another agency may query shared ALPR data without further approval.
While this model enhances investigative capability—particularly in cases involving vehicles that travel across jurisdictional boundaries—it also places responsibility on each agency to ensure that data sharing practices comply with California law. Civil Code section 1798.90.55(b) provides that a public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. The SMCCGJ found that data sharing practices vary widely among agencies, with some limiting access to nearby jurisdictions and others permitting broad sharing within the state. The decentralized nature of these sharing controls creates a structural risk:
compliance with California law depends not on system-enforced restrictions, but on how individual agencies configure and manage their networks. As a result, even where written policies are compliant, system configurations may permit data sharing practices that are inconsistent with statutory requirements. In general, as the size of a network increases and more law enforcement agencies are granted access, the risk of misuse correspondingly increases.
A related concern is the practice commonly referred to as “side-sharing.” For purposes of this report, “side-sharing” refers to the practice in which a California ALPR operator conducts a network query on behalf of an organization that is not authorized to access the data directly—typically an out-ofstate or federal agency—and then provides the results outside of the ALPR system. In such cases, audit records reflect that the query was initiated and used by a California agency, when in fact the request originated from, and the results were delivered to, an external entity.
Because the ALPR audit logs reviewed by the SMCCGJ record only the identity of the querying agency and do not capture the ultimate recipient of the data, side-sharing is inherently difficult to detect. Activity that appears compliant on its face may, in fact, circumvent the restrictions imposed by California law, including limitations on sharing ALPR data with entities outside the state.
Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 6
Side-sharing may involve attempts to access ALPR data outside of established sharing arrangements, including by law enforcement personnel who do not have authorized access. For example, a federal immigration agency may seek to obtain ALPR data from a California jurisdiction in a manner inconsistent with the restrictions imposed by SB 54. Such access could be facilitated by directly contacting personnel within a California LEA and requesting that they conduct an ALPR query on behalf of the external agency.
This issue has been the subject of media reporting and public concern, although verification in specific instances is challenging due to the limitations of available audit data. Media coverage of public statements by certain law enforcement officials has further highlighted the potential risk.
The SMCCGJ found that existing controls to prevent or detect improper data sharing, including sidesharing, are limited. While the ALPR platform provides audit logs, role-based access controls, and, more recently, anomaly detection tools, these features rely on agency-level oversight and do not provide a comprehensive or system-enforced safeguard. There is no centralized mechanism to prevent a user from conducting a query on behalf of an unauthorized entity or to ensure that query results are used solely for authorized purposes.
As a result, compliance with California law in this area depends largely on the policies, training, and oversight practices of individual agencies. In the absence of stronger technical controls or more robust audit capabilities, the risk of unauthorized data access—whether through misconfiguration or side-sharing—remains a significant concern.
Flock Safety
Flock Safety is the largest provider of ALPR systems in the United States and the primary provider of ALPR systems used by LEAs in SMC. The company provides both the physical camera infrastructure and a cloud-based software platform that enables agencies to collect, store, search, and share vehicle detection data. This represents a significant market shift from Vigilant Solutions, who was the most common provider in 2019.
Note that while nearly all ALPR cameras in SMC are provided by Flock, Pacifica also operates 4 Axon mobile cameras that were not investigated by SMCCGJ. Also, ALPR data collected by Flock cameras may also be forwarded to intelligence fusion systems that include other types of surveillance data. Some SMC LEAs use C3.ai, and SMC has recently funded a pilot with Peregrine Systems. These systems are capable of sharing data among agencies and across state boundaries but were not investigated by SMCCGJ and have not received wide media attention.
Flock cameras are typically installed at fixed locations such as major intersections, highways, and entry or exit points to a community. These cameras do not continuously track vehicles; rather, they capture individual “snapshots” or detections as vehicles pass through a camera’s field of view. Each detection includes a license plate number, vehicle characteristics (such as make, color, and body type), and metadata including the date, time, and location of the observation.
This information is transmitted to Flock’s cloud-based platform, where it is indexed and made searchable. Authorized users access the system through a web-based interface, allowing them to query historical detections or monitor real-time alerts. For example, agencies may create “hotlists” of vehicles of interest—such as stolen vehicles or those associated with criminal investigations— which trigger notifications when detected by any connected camera.
Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 7
A key feature of the system is its ability to aggregate data across multiple cameras and jurisdictions.
While a single camera provides only a point-in-time observation, multiple detections across different locations can allow investigators to infer travel patterns or identify a vehicle’s movement over time.
All user activity—including searches, alerts, and administrative actions—is recorded in audit logs.
These logs are intended to support oversight and accountability by providing a record of how the system is used. Although Flock hosts the data and provides the technical infrastructure, each customer agency retains control over its own data and is responsible for determining who may access it and under what conditions.
Data Sharing Framework
A defining feature of the Flock platform is its ability to facilitate data sharing among law enforcement agencies. This capability is implemented through a system of configurable “Networks,” which function as both administrative groupings and sharing mechanisms. Each agency organizes its cameras into one or more networks and determines whether those networks are visible to other agencies within the platform. When a network is made visible, other agencies may discover it— typically through a map-based interface—and request access.
These access requests are routed to a designated administrator within the owning agency. Depending on how the system is configured, the administrator may review and approve each request individually, or the system may automatically approve requests based on predefined criteria. Once access is granted, users from the approved agency can query the shared data directly, without needing to request permission for each individual search.
This model allows investigators to search for vehicles across jurisdictional boundaries, which can be particularly useful in cases involving regional travel or coordinated criminal activity. At the same time, it introduces complexity, as each agency must determine which other agencies should be granted access and under what conditions.
Agencies can limit sharing in several ways, including restricting access to specific agencies, geographic regions, or operational groupings. Importantly, sharing permissions are not transitive: if Agency A shares data with Agency B, and Agency B shares data with Agency C, Agency C does not automatically gain access to Agency A’s data.
Private entities, such as commercial businesses or homeowners’ associations, participate in the system differently. Their cameras are not visible within the shared network interface, and they do not independently request access to law enforcement data. Instead, data from private cameras is typically shared directly with local LEAs through arrangements managed with Flock outside the standard user interface.
While this network-based architecture enables collaboration and enhances investigative capabilities, it also places primary responsibility on each agency to manage its sharing relationships in a manner consistent with applicable laws and local policy.
Concerns
Beginning in 2025, a number of media reports and public records analyses brought increased attention to the use of ALPR systems, particularly with respect to how data was being shared among law enforcement agencies. These reports identified instances in which California agencies had configured their systems in a manner that allowed access to ALPR data by out-of-state entities, a practice inconsistent with California law.
Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 8
Within SMC, the Menlo Park Police Department acknowledged prior instances in which ALPR data had been shared across state lines. Similar issues were identified in other jurisdictions throughout California, suggesting that these were not isolated occurrences but rather reflected broader challenges in how the systems were configured and used.
In addition to concerns regarding system configuration, analysis of audit data highlighted issues related to how queries were conducted and documented. In some cases, users entered generalized descriptions such as “Investigation,”1 without specifying a particular law enforcement purpose.
While such entries are not necessarily improper, they limit the ability of agencies, auditors, and the public to determine whether queries were conducted for authorized purposes.
Taken together, these findings raised questions not only about compliance with legal requirements, but also about the adequacy of system controls and oversight mechanisms. They also underscored the degree to which proper use of the system depends on both technical configuration and user behavior.
System Controls and Vendor Response
In response to these concerns, Flock implemented a series of changes beginning in 2025, aimed at reducing the likelihood of improper data sharing and improving the ability of agencies to monitor system use. These changes reflect a shift from a system that relied heavily on user discretion to one that incorporates more structured controls and constraints.
One of the most significant changes involved restrictions on data sharing across state lines. Prior to 2025, agencies had broad discretion to configure sharing relationships, including the ability to enable “Nationwide” access or establish direct connections with out-of-state agencies. Although such configurations were inconsistent with California law, they were technically permitted within the system.
To address this issue, Flock implemented a phased set of changes. Nationwide sharing was first disabled by default in February 2025 and then permanently removed in March 2025, eliminating the ability for California agencies to broadly expose their data to agencies outside the state. In June 2025, Flock further restricted sharing by disabling the ability to create new out-of-state sharing relationships.
Importantly, these changes did not automatically terminate existing shared relationships. Instead, Flock undertook a process of customer outreach and education, encouraging agencies to review and modify their configurations. As a result, most agencies voluntarily discontinued such arrangements, although some pre-existing relationships remain subject to ongoing legal proceedings. As of this writing, the City of El Cajon is the only California agency with ALPR network sharing relationships extending outside the state. In October 2025, the California Attorney General filed an action against El Cajon alleging non-compliance with SB 34; the case is currently in litigation.
In addition to changes in sharing controls, Flock introduced enhancements aimed at improving how system use is documented and monitored. Historically, users were able to enter free-form text to 1 Analysis done by the SMCCGJ on all 2025 network queries in California on one SMC LEA’s data found that 13.1% of queries entered only “Investigation” as the “Reason” for performing the query.
Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 9
describe the purpose of a query in a “Reason” field. In practice, this resulted in inconsistent and often vague entries2, limiting the effectiveness of audit review.
In December 2025, Flock augmented this approach by requiring users to select an “Offense Type” from a standardized list3based on National Incident-Based Reporting System (NIBRS) codes.
Within California, categories inconsistent with SB 54 are disabled. This change provides a more consistent framework for documenting queries and enables more meaningful analysis of system use.
Many agencies have supplemented this requirement by mandating the entry of a case number, linking each query to a specific investigation. This case number is useful for auditing queries within a department but is ineffective for analysis of network queries as LEAs in California do not share a common case management system.
Flock also expanded its audit and monitoring capabilities. Audit logs continue to record all user activity, but additional tools have been introduced to support review. Activity logs track changes to system configuration, including modifications to sharing settings, while the Transparency Portal allows agencies to publish usage statistics and audit summaries.
In April 2026, Flock introduced “Audit Assistance,” an automated tool that analyzes system activity and identifies patterns that deviate from an agency’s typical usage. These alerts are intended to assist administrators in identifying potential misuse, including unusual query patterns or activity that may warrant further review (side-sharing).
Additional controls have been implemented to restrict system access and reinforce appropriate use.
These include limitations on “guest” users outside the agency’s domain and role-based access controls that allow agencies to tailor system permissions based on user responsibilities. Flock’s terms of service also prohibit use of the system on behalf of unauthorized individuals or agencies.
While these changes represent meaningful improvements, they are primarily designed to support and guide user behavior rather than to enforce compliance directly. As such, their effectiveness depends on how agencies configure and use the system.
Training and Compliance Support
Flock provides training on system operation, legal use, and compliance requirements as part of its onboarding process. Agencies may supplement this training with local policies, procedures, and internal controls tailored to their operational environment. While these resources support compliance, they do not substitute for agency responsibility to ensure that system use is consistent with applicable laws and policies.
Remaining Limitations
Notwithstanding these enhancements, important limitations remain in the system’s ability to prevent or detect improper use.
First, while audit logs provide a record of which agency conducted a query and when it occurred, they do not capture how the resulting information is ultimately used or shared. This means that even 2 The search reason “warrant” could refer to a warrant issued by a California judge for an authorized law enforcement purpose, or alternatively to an administrative warrant issued by a federal agency such as ICE. Numeric strings typically correspond to sections of California penal code, but many LEA’s listed a crime category such as “theft” or “burglary”.
The SMCCGJ found no accepted usage of the “Reason” field across or even within LEAs. 3 A list of these offense codes is provided in Appendix A.
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2025 – 2026 San Mateo County Civil Grand Jury Page 10
where a query appears appropriate on its face, there is no direct way to determine whether the results were subsequently provided to an unauthorized party.
Second, the system does not technically prevent a user from conducting a query on behalf of another individual or agency (side-sharing). Although such conduct may violate policy or law, it is not inherently detectable through system controls alone. As a result, certain forms of misuse— particularly those involving indirect access—are difficult to identify through audit data.
Finally, the effectiveness of audit and monitoring tools depend on active review by agency personnel. Identifying potential issues requires not only access to audit data but also the time, expertise, and judgment to interpret that data. This introduces variability in how different agencies monitor system use and respond to potential concerns.
These limitations illustrate that, while system-level controls can reduce risk, they cannot fully eliminate it. Effective oversight requires a combination of technical controls, clear policies, and consistent enforcement.
Conclusion
Flock has implemented a number of substantive changes to its platform in response to concerns regarding data sharing and legal compliance. These changes have improved transparency, standardized key aspects of system use, and provided agencies with additional tools to monitor activity.
At the same time, the system continues to rely heavily on agency-level decisions regarding configuration, access, and oversight. Certain risks—particularly those associated with indirect or unauthorized use—cannot be fully mitigated through system design alone.
As a result, responsibility for ensuring compliance with Civil Code sections 1798.90.5 through 1798.90.55 ultimately rests with each individual law enforcement agency. The effectiveness of the system, therefore, depends not only on the capabilities of the technology but also on how it is implemented and governed at the local level.
METHODOLOGY
To determine whether ALPR operators in SMC comply with applicable California law and whether their practices align with their adopted ALPR policies, the SMCCGJ began by reviewing the content available on the public websites of each LEA in the County. Most LEA websites include information regarding ALPR usage and transparency, often with a link to the agency’s Flock Transparency Portal, which is maintained by Flock on behalf of its customers.
The SMCCGJ issued document requests to all ALPR operators in SMC, seeking ALPR policies, recent audit reports, current Flock contracts, and any supporting documentation demonstrating compliance with California law and agency policy. Findings based on nonproduction reflect the absence of responsive records produced to the SMCCGJ, not a conclusive determination that no responsive record exists.
The SMCCGJ was able to identify an ALPR policy document for every SMC ALPR operator, which guided the examination of compliance with that policy. For some operators we were provided an organization audit report, which lists all ALPR queries initiated within that LEA. The organization audit was visually reviewed in a spreadsheet, which is feasible for what is at most a few hundred rows. Some operators provided a network audit report, which lists all ALPR queries initiated by Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 11
other Flock customers on that operator’s data. As the network audit report can be quite large (upwards of 25,000/month), analysis of this data was carried out by first loading it into a database.4 The SMCCGJ examined network sharing reports from the operators that provided them. This information is also publicly available through Flock Safety’s Transparency Portal. The network sharing reports identify the agencies and entities with which each operator shares ALPR data.
The SMCCGJ conducted interviews with several LEAs in SMC, with representatives of Flock, and with the Northern California Regional Intelligence Center (NCRIC).The SMCCGJ collected media reports related to ALPR implementations in SMC, in the state of California, and nationwide.
DISCUSSION
Public Interest
Issues related to the use of ALPR systems have received significant public attention in both SMC and throughout California. Several communities within the County have debated canceling their ALPR contracts or exploring alternative provider. As of this date, all have decided to continue operations with Flock. An article on ALPR usage published by Palo Alto Online on December 29, 2025, was the publication’s most-downloaded article of the year.
For the general public, it can be difficult to determine the root cause of security breaches reported in the media. Coverage has variously attributed these incidents to product design limitations, accidental or intentional misconfiguration, and inadequate operator training. As discussed earlier in this report, ALPR system functionality has evolved in response to public concerns, with enhancements intended to facilitate compliance with applicable laws.
Sharing Within San Mateo County
This investigation found that the extent of data sharing among SMC ALPR operators varies significantly, with the number of network sharing relationships ranging from three in Woodside to 335 in San Bruno. During the course of this investigation, one SMC operator reduced the scope of their network sharing after evaluating the public safety value of broader data access against local privacy considerations. Some LEAs felt that broad access was valuable in addressing the pattern of crimes committed in their community. Others felt that sharing too broadly would not solve more crimes and could risk losing the support of their local community.
As of December 2025, no SMC operators were found to be sharing ALPR data with entities outside California. The investigation did identify instances in which SMC operators shared ALPR data with private organizations, specifically security agencies serving Stanford University and University of the Pacific. Under Civil Code section 1798.90.55(b), a public agency may share ALPR information only with another “public agency” and only as otherwise permitted by law. The materials produced did not establish that the private university security recipients meet the definition of a “public agency” or that an applicable statutory exception authorizes the sharing. It remains the responsibility of each LEA to determine whether such entities qualify as public agencies under applicable law. If deemed public agencies, these entities would be subject to the same statutory and policy requirements governing ALPR use.
4 The network audit report was delivered in comma-separated value format, was then bulk-loaded into a MySQL database and then queried using the Structured Query Language.
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2025 – 2026 San Mateo County Civil Grand Jury Page 12
The table below summarizes these findings.
Operator Network
Shares
2/26/2026
Network
Shares
4/13/2026
Private University
Security Shares
4/13/2026
Apparent Sharing
Guideline
Atherton 315 317 2
Belmont 157 145 2 Adjacent Counties
Brisbane 93 92 1 50-mile radius
Burlingame Not available 357 2
Colma 321 326 2
Daly City Not available Not available not available Flock portal is not enabled.
East Palo Alto 303 308 2
Foster City Not available Not available Not available Flock portal excluded network sharing report.
Half Moon Bay Not available 290 0
Hillsborough 303 318 2
Menlo Park 247 242 1
Pacifica 276 283 2
Redwood City 102 100 1 Bay Area Counties
San Bruno 331 335 2
San Mateo 283 280 0
San Mateo County
Sheriff's Office
299 300 2 Reduced in February to
adjacent Counties.
South San Francisco 15 15 0 San Mateo County
Woodside 3 3 0 Adjacent towns
Public Commentary
Under Civil Code section 1798.90.55(a), a public agency that operates an ALPR system must provide the opportunity for public comment. The SMCCGJ did not identify any instances in which ALPR cameras were deployed without the required public notice and discussion.
ALPR Policies
California law requires each ALPR operator to adopt a written ALPR policy and to post that policy in a conspicuous manner (Civ. Code, §§ 1798.90.53(a)–(b); 1798.90.51 (a)–(b)). The California Department of Justice provides a model ALPR policy template, which agencies may adopt or Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 13
modify. Some departments also utilize policy templates developed by Lexipol, a provider of standardized law enforcement policy materials.
The following section evaluates each SMC law enforcement agency’s ALPR policy, including whether it is conspicuously posted, and assesses whether the agency’s actual operations are consistent with its stated policy.
Summary Matrix of ALPR Policy and Operational Findings
Policy Posting and Currency. Most LEAs and police departments provided an ALPR policy in response to the SMCCGJ document request. The SMCGJ reviewed each policy for alignment with the policy templates and guidance provided by the State of California and Lexipol. The SMCCGJ also reviewed each department’s public website to determine whether the policy was conspicuously posted in accordance with California DOJ guidance 2023-DLE-06, and whether the publicly posted version matched the version provided in response to the document request.
Audit Practices. The SMCCGJ requested copies of recent audit reports from each LEA. Where an audit frequency was specified in an agency’s ALPR Policy, the SMCCGJ reviewed the materials provided to determine whether audits appeared to have been conducted at the stated intervals. The SMCCGJ also examined the contents and scope of each audit report.
For purposes of this investigation, a “strong” audit is one that substantiates compliance with both applicable California law and each material element of the LEA’s stated ALPR Policy. California law requires a policy to describe monitoring and “a process for periodic system audits,” but does not prescribe a uniform audit report format or methodology. The labels “strong,” “partial,” and “weak” are assessment terms used in this report and are not statutory classifications.
In the absence of meaningful audit controls, the public has limited assurance that an agency’s stated policies are being consistently implemented in practice. By contrast, a “weak” audit examines only selected legal or policy elements and does not comprehensively evaluate operational compliance.
Finally, the SMCCGJ reviewed whether audit reports were made available to the public or presented to the relevant city, town, or county governing body.
Data Retention. Civil Code section 1798.90.51(b)(2)(D) requires each ALPR policy to specify a data retention period after which ALPR data will be deleted unless it is associated with an active investigation or otherwise retained pursuant to law. The SMCCGJ compared the retention period stated in each agency’s ALPR policy with the retention period displayed on Flock’s Transparency Portal and, where available, the retention provisions contained in the agency’s Flock contract.
Matching retention periods were classified as “consistent,” while differing retention periods were classified as “inconsistent.” We did not examine in detail the process by which Flock deletes data after the stated retention period, as this topic has been addressed by third-party audits.
Data Sharing Process. Each policy must describe criteria and a process for sharing ALPR data. We examined this statement to ensure that it prohibits the sale of ALPR data, out-of-state sharing, sharing to private parties, and usage for other than valid law enforcement purposes. We examined any written guidelines and processes for receiving and approving requests for sharing data, and for any documentary evidence supporting the implementation of that process. Most policies included the sharing process description and documented from templates, but our interviews and document requests did not find an LEA who followed the process described in this “Template.” Several LEAs described the sharing process provided by the Flock platform, which is what we heard described Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 14
during interviews as the adopted process. The LEAs with outdated policies described an outdated sharing process mediated by NCRIC. No LEA’s policy described guidelines for ALPR data sharing within California, though several outlined coherent criteria for what sharing requests to approve.
Contract Terms. The SMCCGJ reviewed the 14 Flock contracts provided in response to its document requests. One contract included an addendum with California compliance provisions (“CA terms”) requiring Flock to adhere to California law governing the protection, access, and disclosure of ALPR data maintained on behalf of California LEA customers, consistent with recommendations previously issued by the California State Auditor.
The absence of express contractual compliance terms does not itself establish a violation of California law, which applies regardless of contract language. In this report, the presence or absence of such terms is evaluated as an additional contractual compliance control.
The table below summarizes the SMCGJ’s assessment of ALPR policy compliance and operational alignment among LEAs in SMC.
Agency Policy Posting /
Currency
Audit Practices Data
Retention
Data
Sharing
Process
Contract
Terms
Atherton Not conspicuous;
current, but with
multiple versions
Strong;
published in
Council
Minutes
Inconsistent Template No CA
terms
Belmont Conspicuous;
current
Strong; not
published
Consistent Flock No CA
terms
Brisbane Not conspicuous;
current
Audit reports
not provided
Consistent Template No CA
terms
Burlingame Not conspicuous;
current
Audit reports
not provided
Consistent Template Contract
not
provided
Colma Not conspicuous;
current
Strong; not
published
Inconsistent Template CA terms
included in
addendum
Daly City Conspicuous,
outdated (NCRIC
references)
Strong, regular
audit; not
published
Inconsistent Outdated No CA
terms
East Palo Alto Conspicuous;
current
Partial; publicly
posted
Consistent Not
described
No CA
terms
Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 15
Agency Policy Posting /
Currency
Audit Practices Data
Retention
Data
Sharing
Process
Contract
Terms
Foster City Conspicuous;
current, but broken
link to policy
Audit reports
not provided.
Inconsistent Template No CA
terms
Hillsborough Not conspicuous;
Outdated (NCRIC
references)
Audit reports
not provided.
Consistent Outdated No CA
terms
Menlo Park Not conspicuous;
current
Weak;
published in
City Council
minutes.
Consistent Template No CA
terms
Pacifica Conspicuous;
current
Brief, but
strong; not
published
Consistent Flock Contract
not
provided
Redwood City Conspicuous,
outdated (NCRIC
references)
Strong; not
published
Inconsistent Outdated No CA
terms
San Bruno Conspicuous;
current
Partial; not
published
Consistent Flock No CA
terms
San Mateo Conspicuous;
current
Weak; not
published
Consistent Template No CA
terms
SMC Sheriff's
Office
Conspicuous;
current
Partial;
published in
BOS minutes.
No stated
retention
Template No CA
terms
South San
Francisco
Conspicuous;
current
Partial; not
published.
Consistent Template No CA
terms
Woodside Conspicuous (via
SMC SO) and
current
Strong;
published in
Town Council
minutes
Consistent Template Contract
not
provided.
As shown above, while several agencies demonstrate strong alignment between policy and operational practices, others exhibit deficiencies in audit procedures, inconsistencies in stated data retention practices, and incomplete or inaccurate documentation of data-sharing processes and decisions. These findings highlight the absence of standardized ALPR governance and oversight practices across SMC.
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2025 – 2026 San Mateo County Civil Grand Jury Page 16
FINDINGS
This section summarizes findings based on evidence produced or otherwise reviewed by the SMCCGJ. The accompanying table identifies the findings assigned to the governing body of each LEA based on the evidence described in this report.
F1. The ALPR operator’s ALPR policy was not posted in a manner that appears consistent with the California Attorney General’s guidance on “conspicuous” posting.
F2. The ALPR operator’s ALPR Policy appears to be outdated because it describes ALPR operations as mediated by NCRIC, a practice the investigation found was discontinued several years ago.
F3. The ALPR operator shared ALPR information with private university security entities but did not establish that the receiving entity was a “public agency” as defined in Civil Code section 1798.90.55(b), or that the sharing was otherwise permitted by law within the meaning of Civil Code section 1798.90.55(b).
F4. The ALPR operator did not produce records demonstrating that audits required by its ALPR policy had been conducted.
F5. The audit reports produced by the ALPR operator were insufficient to substantiate compliance with applicable California law and the operator’s published ALPR policy.
F6. The ALPR operator’s Flock Safety contract does not include provisions specifically requiring compliance with applicable California ALPR laws.
F7. The operator’s ALPR policy described a process requiring written requests and executed agreements for ALPR data-sharing relationships; however, the records produced did not substantiate that this process was followed or that the required agreements were obtained.
F8. The operator’s ALPR policy did not establish criteria governing the approval of in-state ALPR data-sharing requests or the termination of existing network-sharing relationships.
F9. The retention period specified in the operator’s ALPR Policy does not match the retention period as reported by the Flock transparency portal or Flock contract.
RECOMMENDATIONS
While the recommendations below are generally applicable to all LEAs in SMC, some recommendations have already been implemented by some LEAs. The accompanying table identifies the recommendations directed to the governing body of each LEA reviewed by the SMCCGJ.
R1. The ALPR operator should conspicuously post the current version of their ALPR Policy as required by Civil Code sections 1798.90.51(a)–(b).
R2. The ALPR operator with outdated ALPR policies should revise those policies to accurately reflect current operational practices.
R3. The ALPR operator currently identified as sharing ALPR data with private university security entities should obtain and retain a written legal and factual determination that the recipient is a “public agency” under Civil Code section 1798.90.5(f), or that the sharing is otherwise permitted by law; if no lawful basis exists, the operator should terminate the sharing relationship.
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2025 – 2026 San Mateo County Civil Grand Jury Page 17
R4. The ALPR operator should prepare audit reports in accordance with the frequency stated in the operator’s published ALPR policy.
R5. The audit reports produced by the ALPR operator should substantiate compliance with applicable California law and the operator’s published ALPR policy.
R6. Upon contract renewal, the ALPR operator should incorporate contractual language requiring vendor compliance with applicable California law and prohibiting vendors from disclosing ALPR data to unauthorized third parties. Operators should consider provisions similar to those contained in the Town of Colma contract with Flock.
R7. The ALPR operator should update its ALPR policy to accurately reflect the process used to approve ALPR data-sharing relationships.
R8. The ALPR operator should include in their ALPR policies written criteria governing the approval, denial, periodic review, and termination of in-state ALPR network-sharing relationships.
R9. The ALPR operator should update their ALPR policy or Flock contract terms, as necessary, so that the stated retention rule accurately reflects operations.
REQUEST FOR RESPONSES
Pursuant to Penal Code 933.05, the Civil Grand Jury requests responses from the following governing bodies:
Respondent Findings Recommendations
Atherton Town Council F1, F3, F6, F7, F8, F9 R1, R3, R6, R7, R8, R9 Belmont City Council F3, F6, F8 R3, R6, R8
Brisbane City Council F1, F3, F4, F5, F6, F7, F8 R1, R3, R4, R5, R6, R7, R8 Burlingame City Council F1, F3, F4, F5, F6, F7, F8 R1, R3, R4, R5, R6, R7, R8 Colma City Council F1, F3, F5, F7, F8, F9 R1, R3, R5, R7, R8, R9 Daly City City Council F3, F6, F7, F8, F9 R3, R6, R7, R8, R9 East Palo Alto City Council F3, F5, F6, F7, F8 R3, R5, R6, R7, R8 Foster City City Council F3, F4, F5, F6, F7, F8, F9 R3, R4, R5, R6, R7, R8, R9 Half Moon Bay Town Council F3, F5, F6, F7, F8, F9 R3, R5, R6, R7, R8, R9 Hillsborough Town Council F1, F2, F3, F4, F5, F6, F7, F8 R1, R2, R3, R4, R5, R6, R7, R8 Menlo Park City Council F1, F3, F5, F6, F7, F8 R1, R3, R5, R6, R7, R8 Millbrae City Council F3, F5, F6, F7, F8, F9 R3, R5, R6, R7, R8, R9 Pacifica City Council F3, F5, F6, F8 R3, R5, R6, R8
Portola Valley Town Council F3, F5, F6, F7, F8, F9 R3, R5, R6, R7, R8, R9 City Council of Redwood City F2, F3, F5, F6, F7, F8, F9 R2, R3, R5, R6, R7, R8, R9 San Bruno City Council F4, F5, F6, F7, F8 R4, R5, R6, R7, R8 San Carlos City Council F3, F5, F6, F7, F8, F9 R3, R5, R6, R7, R8, R9 Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 18
Respondent Findings Recommendations
Ken Binder, San Mateo County
Sheriff
F3, F5, F6, F7, F8, F9 R3, R5, R6, R7, R8, R9
San Mateo City Council F4, F5, F6, F7, F8 R4, R5, R6, R7, R8 South SF City Council F5, F6, F7, F8 R5, R6, R7, R8
Woodside Town Council F5, F6, F7, F8 R5, R6, R7, R8
RESPONSE REQUIREMENTS
California Penal Code Section 933.05 provides as follows (emphasis added):
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable with an explanation therefor.
Under Penal Code section 933(c), the governing body of a public agency must respond within 90 days after the grand jury submits its final report, and an elected county officer or agency head for which the grand jury has responsibility under Penal Code section 914.1 must respond within 60 days regarding matters under that officer’s or agency head’s control.
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2025 – 2026 San Mateo County Civil Grand Jury Page 19
BIBLIOGRAPHY
Automated License Plate Readers, Report 2019-118, California State Auditor, February 2020.
California Automated License Plate Reader Data, 2023-DLE-06, California Department of Justice.
National Crime Information Center Administration of Warrants, 2025-DLE-08, California Department of Justice, April 7, 2025.
A Delicate Balance: Privacy vs. Protection, Report of the San Mateo County Civil Grand Jury, 2016–2017.
FOOTNOTES
1 Analysis done by SMCCGJ on all 2025 network queries in California on one SMC LEA’s data found that 13.1% of queries entered only “Investigation” as the Reason for performing the query. 2 The search reason “warrant” could refer to a warrant issued by a California judge for an authorized law enforcement purpose, or alternatively to an administrative warrant issued by a federal agency such as ICE. 3 A list of these offense codes is provided in Appendix A. 4 The network audit report was delivered in comma-separated value (CSV) format, bulk-loaded into a MySQL database and analyzed using the Structured Query Language (SQL).
5 https://www.paloaltoonline.com/police/2025/11/05/east-palo-alto-leaders-push-back-on-license-plate-readers-amid-privacyconcerns/ 6 https://www.coastsidenews.com/news/half-moon-bay-to-revisit-license-plate-reader-program-and-ice-policies/ 7 https://www.almanacnews.com/news/2025/12/29/the-years-biggest-stories/ Attachment 1
2025 – 2026 San Mateo County Civil Grand Jury Page 20
Appendix A - Flock Safety Offense Types
Attachment 1
Superior Court of California, County of San Mateo
Hall of Justice and Records
400 County Center
Redwood City, CA 94063-1655
JENIFFER ALCANTARA
INTERIM COURT EXECUTIVE OFFICER
CLERK & JURY COMMISSIONER
(650) 261-5066
www.sanmateocourt.org
VIA E-MAIL: [email protected]
August 3, 2026
Re: San Mateo County Civil Grand Jury Report – “ Is Our Flock of ALPR Cameras Properly Tended?” Dear George Rodericks:
The 2025-2026 Civil Grand Jury has publicly released a report on August 3, 2026 which contains findings and recommendations pertaining to your agency. Your agency must submit comments, within 90 days, to the Honorable Rachel Holt. Your agency’s response is due no later than November 2, 2026. Please note that the response should indicate that it was approved by your governing body at a public meeting.
For all findings, your responding agency shall indicate one of the following:
1. The respondent agrees with the finding.
2. The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons, therefor.
Additionally, as to the Civil Grand Jury recommendations, your responding agency must report one of the following actions by responding in one of the specified manners indicated below:
1. The recommendation has been implemented, with a summary regarding the implemented action.
2. The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation.
3. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report.
4. The recommendation will not be implemented because it is not warranted or reasonable, with an explanation, therefor.
Attachment 2
2 Please submit your responses in all of the following ways:
1. Responses to be placed on file with the Clerk of the Court by the Court Executive Office. • Prepare original on your agency’s letterhead, indicate the date of the public meeting that your governing body approved the response address and mail to:
Hon. Rachel Holt
Judge of the Superior Court
c/o Jenarda Dubois
Hall of Justice
400 County Center; 8
th Floor
Redwood City, CA 94063-1655.
2. Responses to be placed at the Grand Jury website.
• Copy response and send by e-mail to: [email protected]. (Insert agency name if it is not indicated at the top of your response.)
3. Responses to be placed with the clerk of your agency. • File a copy of the response directly with the clerk of your agency. Do not send this copy to the Court.
For up to 45 days after the end of the term, the foreperson and the foreperson’s designees are available to clarify the recommendations of the report. To reach the foreperson, please email [email protected].
If you wish to receive a hardcopy of this report, kindly email your request to [email protected] and one will be mailed to you accordingly.
If you have any questions regarding these procedures, please do not hesitate to contact David Silberman, County Attorney at [email protected].
Cordially,
Jeniffer Alcantara
Interim Court Executive Officer
Enclosure
cc: Hon. Rachel Holt
Aaron Blum
Attachment 2
Attachment 3
October 21, 2026
Honorable Rachel Holt
Judge of the Superior Court
c/o Jenarda Dubois
Hall of Justice
400 County Center, 2nd Floor
Redwood City, CA 94063‑1655
RE: Response to 2025–2026 San Mateo County Civil Grand Jury Report, “Is Our Flock of ALPR Cameras Properly Tended?” (Released August 3, 2026) Dear Judge Holt,
Thank you for the opportunity to respond to the San Mateo County Civil Grand Jury report entitled “Is Our Flock of ALPR Cameras Properly Tended?” released on August 3, 2026. As required by Penal Code section 933.05, the Town of Atherton provides the following responses to the findings and recommendations directed to the Town Council.
Responses to Civil Grand Jury Findings:
F1 – ALPR Policy Posting
Finding: Atherton’s ALPR Policy is not conspicuously posted consistent with California DOJ guidance, and multiple versions were found in circulation.
Response: The Town of Atherton agrees with this finding. The policy will be consolidated into a single current version and posted conspicuously on the Town’s website.
F3 – Sharing with Private University Security Departments Finding: The Department shares ALPR data with two private university security entities, and the Grand Jury found no record confirming they qualify as “public agencies” under Civil Code section 1798.90.5(f).
Response: The Town of Atherton agrees with this finding. Both the Stanford Department of Public Safety and the University of the Pacific Police Department have been removed from having access to our department's ALPR system data.
Attachment 3
F6 – Contract Compliance Language
Finding: The Town’s Flock Safety contract contains no provision requiring the vendor to comply with California ALPR law.
Response: The Town of Atherton agrees with this finding. Staff will pursue a contract amendment at renewal, modeled on the Town of Colma’s compliance addendum.
F7 – Data‑Sharing Process Documentation
Finding: The ALPR Policy describes a written request/agreement process for data sharing, but the Department could not produce records showing this process was followed for its 317 sharing relationships.
Response: The Town of Atherton agrees with this finding. The Policy will be revised to reflect the Department’s actual sharing process.
F8 – Criteria for Approving or Reviewing Sharing Relationships Finding: The ALPR Policy does not include written criteria for approving, denying, reviewing, or terminating network‑sharing relationships.
Response: The Town of Atherton agrees with this finding. Written criteria will be added to the Policy.
F9 – Retention Period Consistency
Finding: The retention period stated in the Policy is inconsistent with the retention period shown on Flock’s Transparency Portal.
Response: The Town of Atherton agrees with this finding. The Policy language will be reconciled with the Town’s contracted retention period.
Responses to Civil Grand Jury Recommendations:
R1 – Conspicuous Posting of ALPR Policy
Response: Completed.
R3 – Verification of Public Agency Status for Sharing Partners Response: Implemented. The Town confirms that both university police departments are POST‑recognized law enforcement agencies and therefore authorized recipients.
R6 – Contract Amendment Requiring Vendor Compliance with ALPR Law Response: Requires further analysis. Staff will return to Council within six months with an updated contract amendment or interim addendum, consistent with Penal Code section 933.05(b)(3).
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R7 – Policy Revision to Reflect Actual Sharing Process
Response: Implemented. The ALPR Policy will be updated to reflect the Department’s actual sharing workflow.
R8 – Written Criteria for Approving, Reviewing, and Terminating Sharing Relationships Response: Implemented. Written criteria will be incorporated into the ALPR Policy during the current fiscal year.
R9 – Reconciliation of Retention Period
Response: Reconciled for a 30-day data retention period.
This response to the Grand Jury will be considered by the Town Council at a public meeting prior to submission. Should you have any questions regarding this response, please contact City Manager George Rodericks at 650-752-0505.
Respectfully,
Stacy Miles Holland
Mayor
Town of Atherton
Attachments
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