Item No. 9
Town of Atherton
CITY COUNCIL STAFF REPORT – CONSENT AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: STEVE MCCULLEY, CHIEF OF POLICE
ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
DATE: OCTOBER 21, 2026
SUBJECT: WAIVE THE SECOND READING AND ADOPT AN ORDINANCE OF THE TOWN OF ATHERTON AMENDING CHAPTER 5.20 OF
THE ATHERTON MUNICIPAL CODE RELATING TO
SOLICITING AND CANVASSING AUTHORIZING THE CHIEF OF
POLICE TO CREATE AND MAINTAIN A “DO NOT SOLICIT”
LIST
RECOMMENDATION
It is recommended that the Council waive the second reading and adopt an ordinance to amend Chapter 5.20 of the Atherton Municipal Code, relating to soliciting and canvassing, authorizing the Chief of Police to create and maintain a “Do Not Solicit” list.
BACKGROUND | ANALYSIS
The Council introduced the Ordinance for a first reading and introduction at the September 16, 2026 meeting to amend Chapter 5.20 of the Atherton Municipal Code that regulates solicitation within the Town. Under Section 5.20.010. The Town's broad police powers, as established in the California Constitution, allow the Town to enact regulations to protect the public health, safety and welfare. The regulations set forth in Chapter 5.20 are intended to prevent the risk of unfair sales and business practices, scams, and unwanted disruptions.
The ordinance establishes a detailed permit process, including:
• Written application requirements (AMC 5.20.020), including identity, employer information, purpose of solicitation, and fingerprints. • Mandatory background investigation by the Chief of Police (AMC 5.20.030). • Issuance of a permit unless disqualifying criminal history or prior violations exist. • Appeal rights to the City Council (AMC 5.20.040).
Solicitation List Ordinance
OCTOBER 21, 2026
• Permit term, revocation standards, and display requirements (AMC 5.20.050–060).
The creation of a Do Not Solicit List is consistent with the Town’s regulatory authority under Chapter 5.20 and supports the ordinance’s purpose of protecting public health, safety, and welfare.
Legal and Administrative Basis
• Chapter 5.20 already authorizes the Chief of Police to regulate solicitation activity, including setting conditions of operation for permitted solicitors. • A Do Not Solicit List is an administrative tool that supplements existing enforcement and provides clarity to both residents and permitted solicitors. • The list does not restrict lawful solicitation; it simply identifies addresses where solicitation is prohibited based on resident request and is narrowly crafted to achieve its purpose. • Solicitors who receive a permit can be required—as a condition of that permit—to avoid addresses listed on the Do Not Solicit registry but must renew that request each year.
Operational Implementation
The Police Department will:
• Maintain a secure list of addresses whose residents request “Do Not Solicit” status. • Provide the list to all permitted solicitors at the time of permit issuance. • Update the list as residents request additions or removals. • Enforce violations as breaches of permit conditions under AMC 5.20.050 and 5.20.060.
Residents may request to be added to the list by contacting the Police Dispatch Center at 650-688-6500.
FISCAL IMPACT
There is a minimal fiscal impact. Administration of the list will be handled by the existing Police Department staff and resources.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal E - Maintain and Improve Public Infrastructure
• Goal F - Build Community & Promote Civic Engagement
POLICY FOCUS
Solicitation List Ordinance
OCTOBER 21, 2026
The proposed authorization:
• Enhances resident privacy and aligns with community expectations. • Provides clarity and consistency for permitted solicitors. • Does not modify the underlying ordinance or require meet-and-confer. • Supports enforcement of existing solicitation regulations.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
1. ORDINANCE “Solicitation List”