Frequently Asked Questions

Yes. The Town contracts with HdL to produce a summary of tax information for the Town. This Report is prepared and shared with the Town’s Finance Committee in November/December each year. Here is a link to the latest Report released in 2019. 

In addition, information about Tax Rate Areas and other services entities can be found on the Municipal Services webpage. 

Two, the City Attorney Mona E Ebrahimi and the Assistant City Attorney Andreas L Booher.

MOUs are bargained at different periods of time and, depending on their length will expire at different times. The current MOU with the Atherton Police Officers Association (APOA) expires in June 30,2023.

The Town was one of the founding members of the South Bayside Waste Management Authority (SBWMA). The Authority is a Joint Powers Authority (JPA) made up of various cities, towns, the County and a sanitary district in San Mateo County. The Authority was created in order for these agencies to manage their own destiny of sorts by building their processing facility for waste. Each agency retained the authority and responsibility to franchise for their own waste hauler (Recology) and the SBWMA assisted by providing model franchise agreements for each agency to use for bid and agreement purposes. Ultimately, each agency ended up contracting with Recology for waste collection and through “flow control” each agency provided their waste stream to the SBWMA (essentially the various cities, towns, county and sanitary district) for processing. The SBWMA, as a JPA it is an independent governmental agency itself, contracted with South Bay Processing to operate the facility. 

Over the years, the Town paid its share of the costs of operation and expansion of the processing facility (in San Carlos). Whenever debt was incurred to expand the facility’s processing plant, buy trucks, heavy equipment, etc. - the Town paid its fair share (roughly 3%-5%) of the costs involved. Most of the participating agencies have grown significantly over the years of operation of the facility. Most have grown by way of commercial and multi-family development. This development increases the processing needs at the facility and as the facility has expanded to meet that need, the Town has had to pay a share of that increase even though the Town has not grown. With recent State legislative requirements, the processing facility will need to be significantly expanded again in the near future. Much of that impact will be on the commercial, industrial and multi-family waste streams - of which, the Town has nearly zero. Nonetheless, if the Town remained a member of the SBWMA, the Town (its residents through rates) would have to pay for those expansions. In 2019, when a bond measure came before the SBWMA for expansion, the Town voted NO. We were out-voted at the SBWMA. When that same bond measure was required to be approved by each member agency (or a least a majority), the Town again, voted NO. We were again, out-voted and ultimately, the SBWMA voted to refinance and increase its bonded debt by another $20 million. At that point, the City Council opted to explore other options. 

The SBWMA had outgrown the land use demographic and waste stream demographic of the Town and if we remained a member, we would (and our residents through rate increases) would continue to have to pay for expansion of programs and services that did not apply to the Town. We voted to separate from the SBWMA and use the Town’s Rate Stabilization Fund (can only be used for refuse issues) to pay off our exit cost. This was not out of the Town’s General Fund and did not result in any rate increase or tax to residents. 

Simultaneously, the Town put out a Request for Bid for refuse services. Recology, because they were locked into the multi-agency agreement with the SBWMA member agencies, opted NOT to apply to continue services to the Town. In October 2020, the Town adjusted its refuse rates. Those adjustments were projected cost increases due to bringing carts more in alignment with actual costs to collect and process waste. The adjustment (the increase you see in your rates) had no relation to Greenwaste. They were designed to be effective on January 1, 2021. These were the rate revenues that Greenwaste’s contract was negotiated under. That contact took effect January 1, 2021 using the rates set under the Recology franchise. 

In addition, the expansions required under the SBWMA’s facility were partially triggered by the State’s Organic Mandate under Senate Bill 1383. The SBWMA is still planning on how to comply with that regulation but they advised all member agencies to plan for increases in costs of up to 30%. Greenwaste was the sole bidder to the Town’s Request for Bid. Greenwaste’s collection and processing is also compliant from Day 1 with Senate Bill 1383. The only adjustments that the Town will see over the course of the franchise agreement are those related to increases costs for fuel, cost of living and other adjustments that are anticipated/predictable in nature. Unlike the SBWMA/Recology situation, where the Town is routinely outvoted by other members that have different processing and land use demographic needs. The Greenwaste franchise and the Town’s departure from the SBWMA allows the Town to control its own destiny and thereby control the impacts to resident’s refuse collection and processing rates over the next 20 years.

Greenwaste became the Town’s service provider effective January 1, 2021. 

Yes and no. The Town increased its service rates under the franchise agreement with Recology in October 2020. Those rates were not effective until January 1, 2021. However, the Town changed franchisees to Greenwaste on that date as well. The rates under which the new franchise was negotiated were the Recology rates that would have been effective January 1, 2021. 

However, because of Recology’s billing cycle, some residents were only billed for 2 months out of a 3-month quarter in order to terminate the service on December 31, 2020. Their new initial billing from Greenwaste was for a full quarter beginning January 1, 2021. Therefore, the final billing from Recology and the initial billing from Greenwaste cannot be effectively compared as they represent different numbers of months of service. 

In addition, during the transition of services, the Town and Greenwaste discovered that the subscription service levels provided by Recology to the Town and Greenwaste during the service transition did not always match the service level provided to the resident. In some cases, the resident was receiving a higher level of service than they were being charged for under their billing services. Greenwaste will be connecting with each resident that has an incorrect attributed service level to determine exactly what service level they desire to retain and their billing will be adjusted accordingly. 

No. Greenwaste provides the same level of service that you currently subscribed to receive from Recology. This service level was based on the subscription levels of service provided for your residence by Recology during the month of December. 

Greenwaste bills quarterly, during the first month of each quarter. The first bill can be expected in January with the next bill to be received in April, etc.

• Gray Carts are for Mixed Compostables: garbage, food waste and food soiled paper
• Blue Carts are for Recyclables: clean and dry paper, plastic, glass and metal
• Green Carts are for Yard Trimmings

The major change is that food waste and food soiled paper go in the Mixed Compostables cart rather than the Green Cart. 

The updated waste-sorting practices allow Greenwaste to extract resources from all three waste streams and ensure the highest and best use of all materials recovered from those waste streams. By removing the food scraps and food soiled paper from the Green Cart, we are able to produce a higher quality end-product. The clean yard trimmings material from the Green Cart will be used to produce OMRI-listed compost, which is used in agricultural applications. When the contents of the Gray Cart are processed, the food scraps and food soiled paper will be recovered and turned into a landscape compost. Additionally, we have found that when food scraps are allowed to be mixed with yard waste, many customers still placed food waste in their garbage cart so there was food waste in both carts. This new program is designed to make it easier for customers to use while maximizing diversion from landfill.

GreenWaste can accept this material in nearly any form – loose or bagged (paper, compostable plastic, plastic). Since all material is processed through the Materials Recovery Facility (and garbage material is removed), the best way for our facility to accept the material is loose. If you’d like to bag the material, the best option is a paper bag or compostable plastic bag, with plastic bags being the least desirable.

No. When food waste is added to the Green Cart, the material can no longer be processed into an organic-certified OMRI-listed compost. Orchard fruit and vegetables from a garden (including pumpkins) that have NOT been brought into a building for preparation for consumption may be placed in the Green Cart. However, any fruit or vegetables grown that are prepared in any fashion for consumption must go into the Gray Cart.

Backyard Service is an extra service provided by GreenWaste when the driver disembarks the vehicle to manually collect carts that are more than 5’ from the curb and not readily accessible by the collection vehicle. Backyard service allows collection in locations including a back or side yard, or other non-Curbside location. The fees are based on distance (0’ – 100’, then 50’ increments thereafter) and the total number of Gray Carts. Distance measurements begin just beyond the reach of the truck arm. NOTE: Only BLUE and GRAY Carts are eligible for new Backyard Service.

In order to make the new services cost-effective, GreenWaste is using fully-automated trucks, which means the driver does not need to exit the vehicle to collect carts. These trucks have an arm that reaches out to pick up the carts and empties the contents into the collection vehicle. The carts need to be easily accessible to the truck arm for curbside collection to occur efficiently. Backyard charges will apply when carts are set out at a location that require the driver to disembark the vehicle.

Extra material will be collected and additional charges will apply based on volume and material type. The first 32-gal of extra material each year will be collected for no additional charge. 

MIXED COMPOSTABLE MATERIALS must be properly labeled, set out Curbside next to the Mixed Compostables cart and either:

1. Placed in a rigid or otherwise durable and lidded container where combined weight of a rigid container is less than sixty (60) pounds in weight, OR 
2. Placed in a black or dark cinched and secured bag where the contents are less than thirty (30) pounds in weight.

RECYCLABLE MATERIALS must be properly labeled, set out Curbside next to the Recyclable Materials cart and either:

1. Placed in a rigid or otherwise durable and lidded container where the combined weight of a rigid container is less than sixty (60) pounds in weight, OR 
2. Placed in a cinched and secured bag where the contents are less than thirty (30) pounds in weight.

CARDBOARD must be set out Curbside and secured such that the bundle or box remains intact upon lifting and:

1. Flattened and bundled/ tied or otherwise secured (g. with twine or tape) in a set-out that is no larger than 3’ x 3’ x 3’, OR 
2. Cut and placed inside an intact cardboard box and secured (e. to prevent litter) in a set-out that is no larger than 2’ x 2’ x 2’.

YARD TRIMMINGS must be set out Curbside, and either:

1. Properly labeled and placed in a rigid or otherwise durable and lidded container where the combined weight of a rigid container is less than sixty (60) pounds in weight, OR 
2. Woody debris that can be bundled/tied or otherwise secured where each set-out no larger than 3’ x 3’ x 3’.

Greenwaste (and Recology) has the ability to charge for extra mixed compostable materials (gray cart material) whenever the volume of materials exceeds the capacity of the cart. This is determined in a number of ways. 

1. When the lid of the cart is open by eight (8) inches or more due to the material in the cart;
2. When the material is not inside the cart and is instead set out at the curb pursuant to the guidelines for "extra materials";
3. Where material is placed in a block or dark cinched and secured bag where the contents are less than thirty (30) pounds in weight; or
4. When the set out is clearly non-conforming (contaminated yard trimmings or recyclables carts). 

It is preferred that residents reach out to Greenwaste and make arrangements at least one (1) day in advance of the regular collection day for excess materials. Excess material is charged based on a 32-gallon set-out rate:

• Excess Gray Cart Material - $17.50
• Excess Blue Cart Material - $7.38
• Excess Green Cart Material - $10.75

Residents may set out household batteries and cell phones placed on top of their Recyclable Materials Cart in clear zip-close plastic bags.

Tape the contacts/terminals of lithium and lead acid button cell batteries with clear tape prior to placing in the plastic bag. 

Residents may set out used motor oil (in plastic containers with a screw on lid only) and filters (in sealed plastic bags only), next to their Blue Cart, for collection at no additional charge (limited to five (5) gallons of oil per collection. Free containers and bags can be requested by calling Customer Service.

Excess material can be placed in boxes, bags or bundles net to your cart, in an extra container, or within your cart if the lid was open eight (8) inches or more. There will be charges on your next invoice for the materials collected. For full details, see the instructions by clicking here. If materials is propping your lid open by eight (8) inches or more you have excess material. 

The Town of Atherton has a leash law. Please see Title 6, Chapter 4 of the Atherton Municipal Code for further information about this, and other animal related ordinances.

Title 6, chapter 4 of the Atherton municipal code discusses all topics related to animal control, including barking dogs.

The Department of Fish and Game handles Mountain Lion sightings.

Contact the Peninsula Humane Society. They will respond to your residence to pick up the dog.

There is a noise ordinance for the Town. Please see Title 8, Chapter 16 of the Atherton Municipal Code for further details.

Some events require permits, others do not. You can find out more about the requirements associated with events by reviewing Chapter Town of Atherton Municipal Code Title 17, Chapter 56.

Please read about permits for noise levels in the Atherton Municipal code in Chapter 8, Section 16.070

You do not need a permit, however, if you are parking for an extended amount of time please inform the Police Department at (650) 688-6500.

The Police Department performs house checks for residents.

The Police Department has a website to allow viewing of daily activity, crime statistics and more.

Instructions for connecting your alarm to the Police Department can be accessed below.

The Department of Fish and Game handles Mountain Lion sightings.

Items of this nature should be turned into the Atherton Police Department. Items found in other cities should be turned into the appropriate agency for that jurisdiction.

You do not need a permit, however, if you are parking for an extended amount of time please inform the Police Department at (650) 688-6500.

Recology of San Mateo County will recycle your batteries.

Read about the various choices regarding your unwanted computers.

If you wish to recycle the phone(s) you can do so with Recology of San Mateo County.

You may donate your cell phone to your local Verizon Wireless store as part of their Hopeline Program. The closest Verizon store to Atherton is located 1.5 miles North in Redwood City at 2501 El Camino Real.

San Mateo County offers choices for disposal.

If you have a gun, grenade or other explosive device in your residence that you wish to dispose of contact the Police Department and an officer will respond to your residence. Please do NOT bring the items to the Police Deparment. Our goal is to asist you in a safest manner possible. The best way to for us to do so is to allow us to handle the items.

San Mateo County has many locations to safely dispose of your unused medications.

Household hazardous waste programs are available within San Mateo County.

Upon your request, the Atherton Police Department will dispose of any ammunition you may have at your house. Just call the police department at 650-688-6500, or you can bring your ammunition down to the station. We will also dispose of any old firearms you do not want. If you bring a firearm to the police department for disposal, make sure it is unloaded and keep it in the trunk of your vehicle until an officer meets with you in the lobby. You can also call the police department at 650-688-6500 and an officer will meet you at your home.

Every jurisdiction has a General Plan that serves as the local government's "blueprint" for the future, prescribing policy goals and objectives to shape and guide the physical development of the local jurisdiction. A Housing Element is one of seven required elements of the Town's General Plan. Due to the critical nature of limited housing and housing affordability with statewide implications, State law requires Housing Elements to be updated on a regular basis. The Town of Atherton is currently part of an 8-year update cycle (2023-2031) and is working to update the Housing Element. 

The Town is not required to build housing itself; rather, the Town is required to create laws and policies that affect where housing can be built, what types of housing can be built, how much housing can be built, and the process by which it is reviewed and approved. Every jurisdiction's housing plan is required to meet the mandates of the State to address housing needs over specific periods of time.

If the Town does not comply with State law, the Town can be sued and remains open to builder's remedy applications that do not have to comply with local zoning and land use laws. In addition, the Town could face significant fines from the State and a court could limit the Town's local land use decision-making authority until we adopt a compliant Housing Element. There are these and other consequences built into State law. The Town's Housing Element is subject to regulatory oversight by the California Department of Housing and Community Development. The Town must report compliance annually.

Housing Elements are a guide to all of the ways that a jurisdiction plans to meet the State mandate for affordable housing. The Housing Element will identify opportunity sites for different types of housing development and policies to guide that development. Those policies and development opportunities are translated into law via land use ordinances and zoning law. 

The Town is presently predominately zoned single-family; but, with the adoption of the 6th Cycle Housing Element, the Town must identify and rezone property for multi-family development. Such multi-family development can occur at various levels of density (usually defined as how many housing units per acre). The Town is conducting an environmental review to determine the impacts of development at specific density levels in order to determine an appropriate level of density for particular properties. 

Currently, the Town is looking at increased density at the following properties: (written as of 10/24/23):

• 23 Oakwood

• 999 Ringwood, 352, 318, and 296 Bay Road

• 175, 185, and 197 Ravenswood

• properties in the Park and Open Space Zone

• Private School sites

In San Mateo County, the income thresholds for affordable housing are determined by the Area Median Income (AMI) and household size. San Mateo County’s AMI for a household of four is $175,000 per year. The Town is currently considering affordable housing requirements for new multifamily developments inat the moderate, low and very low- income categories. 

Area Median Income (AMI) Table for San Mateo County

Source: https://www.smcgov.org/housing/income-rent-limits 

HCD has not yet approved the Town's proposed Housing Element due to their conclusion that housing on private school properties did not provide housing opportunities for the general public and therefore applied discrimination in accordance with the objective of Affirmatively Furthering Fair Housing (AFFH).

To find out more about how HCD assists in the assessment of fair housing, HCD released an interactive statewide AFFH Data Viewer 2.0. This viewer provides access to the most recent fair housing data, including population demographics, concentrated areas of poverty and percentages of structures that show any disparity related to AFHH.

Affirmatively Furthering Fair Housing (AFFH). AFFH is an initiative put into place by HCD to combat housing discrimination, eliminate racial bias, undo historic patterns of segregation, and lift barriers that restrict access to housing. AFFH is in place in order to foster inclusive communities and achieve racial equity, fair housing choice, and opportunity for all Californians. 

AFFH requires local governments to take meaningful actions that overcome patterns of segregation and foster inclusive communities, free from barriers that restrict access to opportunity based on protected characteristics. While federal mandates prohibited overt forms of housing discrimination, residential segregation has remained through the use of discriminatory methods that reinforce patterns of segregation that persist in California today.

In 2018, the California State Legislature passed AB 686, which was passed by the California State Legislature to expand upon the fair housing requirements and protections.  

In a nutshell, AB 686 applies the obligation for: 

• all state and local public agencies to take action to address and relieve disparities resulting from past segregation patterns in order to foster more inclusive communities
• proactively applies the obligation to affirmatively further fair housing to all public agencies in California.
• creates new requirements that apply to all housing elements as of January 2021
• affirmatively further fair housing to be a part of a jurisdiction’s planning process and guiding documents for community development

The Housing Element typically includes:

1. Housing Needs Assessment: Examine demographic, employment, and housing trends and conditions that affect the community's housing needs.

2. Evaluation of Past Performance: Review the prior Housing Element to measure progress in implementing policies and programs.

3. Housing Sites Inventory: Identify locations of available sites for housing development or redevelopment to ensure that there is adequate capacity to address the Regional Housing Needs Allocation (RHNA).

4. Community Outreach and Engagement: Implement a robust community outreach and engagement program, with a particular focus on outreach to traditionally underrepresented groups.

5. Constraints Analysis: Analyze and recommend remedies for existing and potential governmental and nongovernmental barriers to housing development.

6. Policies and Programs: Establish policies and programs to fulfill the identified housing needs

The State of California determines the number of homes that are needed for the Bay Area, consistent with state law. The Association of Bay Area Governments (ABAG) then distributes a share to each local government in the nine (9) Bay Areas counties. Each jurisdiction is assigned a portion of the regional need at various income levels based on factors such as future population, access to jobs, and other factors. This assignment is known as the Regional Housing Need Allocation (RHNA) and is intended to promote the following objectives:

• Increase the housing supply and the mix of housing types in an equitable manner

• Promote infill development that encourages alternatives to solo driving and reduces greenhouse gas emissions

• Balance jobs and housing

• Discourage housing development patterns that segment communities

• Affirmatively further fair housing

Each jurisdiction must ensure there is enough land with appropriate zoning to accommodate its RHNA allocation in its Housing Element.

The Town of Atherton has been assigned the allocations by income category, listed below for this cycle:

[Table: Town of Atherton 2023-31 RHNA Allocation]

The State.

To figure out how many units a jurisdiction must meet, the State looks at several factors - existing jobs, population growth, socio-economic population data, commute, new jobs, existing housing, housing needs, etc. 

After evaluating this data, the State assigns the region (the Bay Area), a number called the Regional Housing Needs Allocation or RHNA (pronounced 'ree-nah'). It is then up to the region, in the Town's case - the Association of Bay Area Governments (ABAG) to decide how much each jurisdiction is responsible for based on their size and projections for growth (Plan Bay Area). This cycle, all jurisdictions have a higher target than in the past. More details about RHNA are available here. All jurisdictions must adopt a plan that meets or exceeds the allocation. 

State law via the Housing Accountability Act (HAA) has a provision informally known as the 'builder's remedy' that provides that a local agency shall not disapprove a housing development project as defined within the Act, or condition it in a manner that renders it infeasible. The option for 'builder's remedy' only exists while the jurisdiction is not in compliance with State law (i.e. a housing element that is not certified by the State). The project proposed as the builder's remedy must meet certain criteria - such as the provision of housing for very-low, low-, or moderate-income households, or an emergency shelter. Such projects are subject to the California Environmental Quality Act (CEQA). 

In order for a project to qualify for the builder's remedy, the development must be either 20% affordable to low-income categories, or 100-percent affordable to moderate income categories. Such projects are defined as residential units only; or mixed use developments with at least 2/3rds designed for residential use; or transitional or supportive housing. 

The Town of Atherton has not yet received any builder’s remedy project proposals, but our neighbors in Menlo Park and Los Altos Hills have.

A Charter functions as a local constitution. It establishes a framework for how a city governs its "municipal affairs" as allowed under the California Constitution, while remaining subject to state law on matters of statewide concern. 

Charter cities have "Home Rule" authority. This means they have greater authority over "municipal affairs," which may include the governance structure, conduct of city elections, public contracting, personnel matters, land use and public finance, within constitutional limits. The scope of "municipal affairs" is defined over time through statutes and court decisions. 

The City Council is evaluating whether charter status could help preserve local decision-making and provide flexibility in an evolving state regulatory environment. No decision has been made to place a charter on the ballot.

The proposed draft is intentionally concise and structural. It:

• Affirms home rule authority over municipal affairs
• Maintains the Council-Manager form of government
• Provides for the Council selection of the Mayor and Vice Mayor
• Continues all existing ordinances and policies unless specifically changed later
• Includes broad interpretation and severability provisions

• It does not impose new taxes or fees. Any future tax would still require voter approval under state law.
• It does not change zoning, density, or land use rules.
• It does not eliminate compliance with state laws regarding "statewide concerns".
• It does not change the Town’s fundamental form of government.

A charter can only be adopted by the voters. It requires a majority vote (50% + 1) of Atherton residents at an election.

If adopted, a charter guides future governance and may change over time by community vote. Community understanding and input are important before the City Council decides whether to move forward with a ballot measure.

Just like its adoption, any amendment or repeal of the Charter requires a vote of the people. It cannot be changed administratively; it must be ratified by a majority vote of Atherton voters at an election.

No. While the City Council can propose amendments or a repeal of the Charter, they cannot enact those changes on their own. The Council’s role is to place the proposed amendment on the ballot, where the final decision rests with the voters.

Yes. Residents have the power to propose amendments or a repeal of the Charter through a citizen initiative.

Charter authority can involve legal interpretation and potential litigation. These risks are part of what the Council is evaluating.

That is one option. The purpose of this process is to understand the tradeoffs before making any decision.

No. The meetings are informational and educational only. No decisions will be made at the meetings.

By attending workshops or neighborhood meetings, submitting written comments, or speaking at City Council hearings.

Community engagement runs January through April 2026, followed by City Council hearings in May and June. A potential ballot measure would be in November 2026 if the Council proceeds.

Only by majority vote of Atherton voters at an election.

Nothing changes. Atherton remains a General Law City.

• Website: https://atherton.news/Charter-City
• Contact: Questions?  PH: 650-752-0504 | Email: grodericks@ci.atherton.ca.us.