Item No. 10
Town of Atherton
CITY COUNCIL STAFF REPORT – PUBLIC HEARING
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CHRISTABEL SORIA MENDOZA, MANAGEMENT ANALYST II
DATE: OCTOBER 21, 2026
SUBJECT: ROLL OFF BIN IMPLEMENETATION AND AMENDING
CHAPTERS 15.52 AND 18.02 OF THE ATHERTON MUNICIPAL
CODE
CEQA: Adoption of the Ordinance is not subject environmental review under the California Environmental Quality Act (CEQA) in that it is categorically exempt under the CEQA Guidelines, Section 15308, Actions by Regulatory Agencies to Protect the Environment.
RECOMMENDATION
Staff recommends that the City Council receive an update on implementation of the exclusive roll off bin (debris box) franchise for Construction and Demolition (C&D) Debris under the Town's Franchise Agreement with GreenWaste Recovery, conduct the Public Hearing, and introduce and waive the first reading of an ordinance amending Chapters 15.52 and 18.02 of the Atherton Municipal Code to align the Town's C&D requirements with current CALGreen standards, clarify the scope of the exclusive franchise, and authorize administrative citations for franchise violations.
BACKGROUND
On August 19, 2025, the Refuse and Recycling Committee reviewed proposed amendments to the Franchise Agreement clarifying the scope of C&D exclusivity and its exceptions, which the City Council approved in October 2025. Exclusive C&D collection by GreenWaste took effect January 1, 2026, and the Town engaged R3 Consulting Group to review its C&D programs, processes and enforcement to streamline implementation.
Before 2026, contractors could use any hauler for C&D debris boxes. Since January 1, 2026, GreenWaste Recovery has held the Town's exclusive franchise for the collection of C&D Debris, including debris box and roll off bin services. Exclusivity gives the Town one accountable hauler, consistent reporting of tonnage and diversion, and a clearer path to meeting State diversion mandates. Under Section 3.1 of the Franchise Agreement, and pursuant to California Public Resources Code Sections 40059 and 49300, the Town granted GreenWaste the exclusive franchise 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.