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Animals

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1. Can I walk my dog off leash in Town?

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.

Town of Atherton Municipal Code

2. My neighbor's dog barks constantly. What can I do about this?

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

Town of Atherton Municipal Code

3. Where can I report a mountain lion sighting?

The Department of Fish and Game handles Mountain Lion sightings.

Department of Fish and Game

4. I was able to catch a dog running loose in my neighborhood. What should I do next?

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

Peninsula Humane Society

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Building Department

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1. How do I schedule an inspection?

Call our inspection line at 650-752-0542 and follow the instructions. For full details view the Permit Center Hours and Inspection Scheduling handout.

2. As a contractor with a valid permit can work quietly on weekends?

No, Atherton restricts construction and you cannot work on weekends, legal holidays, before 8 a.m., or after 5 p.m. For full details see Atherton Municipal Code 15.40.100.

3. Where is the building department located?

We are located in the Permit Center across the street from the Town’s Administrative Offices located at 91 Ashfield Road. There is sign “Permit Center” out front.

4. Are there certain hours for inspections?

Yes. Inspections are performed between the hours of 8 am and 5 pm. Please visit our
construction and inspection page for more detailed information.

5. Where can I find information about building permit fees?

On the Town's website by clicking the link below. It is important to remember that many permit fees listed have addition surcharge fee’s that are calculated based on a percentage of the base fee and/or valuation. The most accurate way to obtain a fee estimate is to call the Building Department at 650-752-0560. Master Fee Schedule

6. When/Where is the Builder’s Roundtable? How do I get on the list?

The Roundtable meeting is held every other month from Noon to 1pm upstairs in the main house in Holbrook Parmer Park. Call 650-752-0560 or when you are in our office lets staff know you want to be added to the email notification list.

7. What do I do if I need an emergency inspection?

The Town of Atherton’s Police Department’s Dispatch Center at 650-688-6500 has emergency contact information for the Building Department Personnel.

8. Can my construction job be stopped?

Yes but it is not common. Some reasons a construction project may be stopped are: working without the required permits, working outside of the Town’s allowable construction hours, working beyond the scope of the original permit, covering work without the required inspections or when safety hazards exist. Outside of immediate safety concerns the Building Department and Code Enforcement will notify and attempt to gain compliance prior to the issuance of a formal “Stop Work Order”.

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City Attorney

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1. Do you provide legal advice to local citizens?

No, we are only permitted to advise the town and its officials and staff.

2. How many attorneys are in this department?

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

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City Codes

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1. There is construction going on in my neighborhood. When is work allowed to start and when must it end?

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

Atherton Municipal Code

2. I am hosting an event at my residence. Is there a permit required to do this?

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.

Town of Atherton Municipal Code

3. I am planning an event that will include live music. Is there a noise ordinance related to amplified entertainment?

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

Town of Atherton Municipal Code

4. Do I need a permit to park my vehicle in the Atherton Caltrain parking lot?

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.

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Civic Center Project

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1. Where can I find the latest information about the Civic Center Project?

The Town maintains a Project web page. The Town strives to update this information regularly. However, please feel free to contact anyone on the project team for questions and updates. Civic Center Project Site

2. What does the passage of Measure A mean for the project?

Measure L was passed by voters in 2012 requiring that the majority of the funding for the Admin, Police, and Public Works facilities come from private donations or grants and the already established Building Fees Fund. This was for design as well as construction. General Funds could be used before the project was officially approved as a project - in other words, the Town could use General Funds for environmental review and other pre-project work.

The Library is FULLY funded via separate Library Funds and Measure L did not restrict their use. Measure L essentially restricted the use of the Town's General Fund for the project.

As of May 2017, design costs for non-Library portion of the project is $3.3 million. Basic construction costs are estimated at $22.6 million. This brought the required funding total to approximately $25.9 million for design and basic construction. Approximately $1 million was allocated to pre-project costs dropping the requirement to $24.9 million. There was $2.9 million available in building fees funds dropping it further to $22 million. Approximately $7 million was raised by Atherton Now leaving a required funding gap of approximately $15 million. Acknowledging this, the City Council returned to the voters in 2017 with Measure A.

Measure A authorizes the Town to use available unallocated General Funds toward the project - $10 million or 38% of the total project is funded by private donations and building fees.

3. What is the status of fundraising for the Project?

The City Council receives a monthly report from Atherton Now on the status of fundraising for the project. The Reports are part of the monthly City Council Packet for its Regular Meetings. These can be found in the Town's Archive.

As of June 2017, Atherton Now has raised nearly $7 million toward the project. Agenda Archive for the City Council

4. Is there really a cafe?

Sort of. In the current historic Council Chambers, off to the left of the Council Chambers entry there is a restroom and a small conference room. The conference room is largely used for storage and small break-out meetings, when needed. With the new project, the Council Chambers is being renovated to serve as a multi-purpose room for the Library and an expanded space for Atherton's Heritage Committee. The multi-purpose room will open up on the Library deck and the small, existing conference will be plumbed for future use as a cafe or catering kitchen. That is the extent of what is currently designed for that space.

5. Is there really a gymnasium?

No. The Police Department staff are required to maintain a level of physical fitness - most of which, like the rest of us, is handled during off work hours. However, the Police Department staff are also required to train in various defensive tactics - hand to hand training, restraint, baton and riot training, weapons training, and other sorts of training that requires training mats and equipment.

Currently, the Police staff use approximately 600-800 square feet in the garage for this training. In the space is workout equipment (all donated by the community and the officers themselves), mats and other training gear. The space is actively used - with one caveat - because parts of the space doubles as the weapons cleaning station, parking of motorcycle vehicles, vehicle repair area, and evidence storage - there are limitations on its use. This will be remedied in the new buildings where the spaces are built as they are required to be built by law and up to OSHA standards.

6. How much private funds have been raised as a percent of the total need?

The non-Library costs are $25.9 million for design and construction. Atherton Now has raised approximately $7 million or 27%.

7. Is it true that this is $50 million dollar project?

Yes, but....it includes a lot of other stuff as well AND the fully funded Library. There are a lot of ways to look at the numbers.

Of that total $52 million cost, the Library represents $18.8 million. The Library portion of the project is fully funded. That leaves a remainder of $33.2 million.

Included in that remaining $33.2 million is the pre-project environmental work and other geotechnical work totaling approximately $1 million. That leaves $32.2 million left for the project.

Of that total, $3.3 is architectural and design costs leaving $28.9 million. Of that total, $22.6 is construction, $2.2 million is for furniture, fixtures, and other building equipment (mostly post project), and $4.1 million is built in for contingencies. These are both design and construction contingencies.These contingencies are built in to accommodate potential changes to the project design as the project moves along and potential change orders for construction or cost escalation at bid.

At the end of the day, the true construction cost for the project will be what the market bears at the time of bid. However, the Town has hired Mack5, a professional construction estimation firm, to analyze the project in detail and provide as accurate a cost estimate as possible. The estimated cost of the project's construction is $22.6 million.

8. What is the timeline for the project?

Currently, the project is in the Construction Drawings Phase. This phase is expected to complete in November/December 2017. The next phase is the Bid Phase. The Bid Phase will last until February/March 2018.

After review of bids, the Council can award a bid to a qualifying contractor. That is anticipated in March/April 2018. The project has a 27-28 month construction timeline. Construction would begin in April/May 2018 and continue until at least August 2020.

With that construction timeline, the project will cross over multiple Fiscal Years and Town Budgets - FY 2017/18, FY 2018/19, FY 2019/20, and FY 2020/21. This is where the funding timeline comes in for the project. Given that the project crosses 4 Fiscal Years, the Town is able to use funds from each of those fiscal years in its projections for funding availability.

9. What are Bid Alternates and Bid Deducts?

Bid Alternates and Bid Deducts are designed into the project plans to be bid by all contractors bidding on the project. The Town can add in an alternate or deduct to make adjustments to the project. These bid alternates (whether adds or deducts) must be incorporated and designed into the project "pre-bid" to allow all contractors to bid the project in the same way. The Town then awards the bid based on its selected alternatives. Changes AFTER award of bid are change-orders with costs that may or may not be shared in some way with the contractor.

Presently, the project is designed with 7 Alternates (some could add cost some could deduct cost)

Alternate 1 - Deduct: Hyrdoseed at City Hall instead of the designed planting plan -$223,000
Alternate 2 - Add: Energy Monitoring at City Hall - $13,000
Alternate 3 - Add: Microgrid at City Hall - $594,000
Alternate 4A - Add: Photovoltaic at City Hall - $539,000
Alternate 4B - Add: Photovoltaic at City Hall - $527,000
Alternate 4C - Add: Photovoltaic at City Hall - $1,130,000
Alternate 4D - Add: Photovoltaic at City Hal - $124,000
Alternate 5 - Add: 25,000 gallon thermal energy storage tank - $192,000
Alternate 6 - Add: Use copper gutters instead of painted aluminum - $75,000
Alternate 7 - Use Stone Veneer instead of pre-cast concrete at wall base - $21,000

The deducts and/or adds are NOT included in the base costs of the building. They are only added or eliminated (deduct) if selected by the Council at the time of award of bid. The City Council is also looking at additional items to add to this list. These include:

- Eliminate the Corporation Yard
- Postpone the New Council Chambers
- Replace the Clay Tile Roof with Asphalt Shingle
- Replace the CMU Fencing with Chain Link
- Simplify or Reduce Interior Finishes
- Change Traction Elevator to Slower Hydraulic Elevator
- Postpone the renovation of historic Town Hall
- Remove any custom built furniture (counters)
- Replace rammed earth walls with typical wall construction (library)
- Replace wood window framing with aluminum
- hydroseed in lieu of planting

These would need to be designed so that they could be bid as deducts. If selected, these would reduce the cost of the construction by approximately $4.5 million.

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Holbrook Palmer Park

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1. Can I rent the picnic areas and/or playground?

Yes, a Day Use Permit is required for groups over 12. You can use the request form below or contact Julie, 650-752-0534, for a Day Use Permit.
Day Use Request Form

2. Am I allowed to bring alcohol into the park?

Alcohol is not allowed in the park unless you have rented a facility and provided the proper insurance information.

3. What is the cost of renting a facility?

The prices vary based on day, time of event, and facility.
Click Here for facility rental fees.

4. What is the square footage of the Main House, Carriage House, and Jennings Pavilion?

MAIN HOUSE
SQUARE FOOTAGE – 600

CARRIAGE HOUSE
SQUARE FOOTAGE – 1160

JENNINGS PAVILION
SQUARE FOOTAGE – 2360

5. Are photos of the facilities available online?

Yes. Use the link below to scroll through each venue and select "Virtual Tour". Venue Home Page

6. What are the hours of the Park?

The park hours are sunrise to sunset, 365 days a year.

7. Can I use the athletic fields? If so, how?

Park fields for the casual user are first come first serve. For those seeking use for a group gathering (more than 5 people) reservations can be made by contacting our Event coordinator at (650) 752-0534.

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Home & Neighborhood Safety

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1. I am going on vacation. Should I notify the Police Department?

The Police Department performs house checks for residents.

House Check form

2. The Atherton Police were in my neighborhood the other day. How can I find out why?

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

Atherton Police CrimeGraphics Website

3. I want my home alarm monitored directly by the Police Department. How do I go about doing this?

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

Atherton Police Department Alarm Form

4. Where can I report a mountain lion sighting?

The Department of Fish and Game handles Mountain Lion sightings.

Department of Fish and Game

5. I recently found an iPod (or other item of monetary value) on the ground while out on a walk in my neighborhood. Should I turn it into the Police Department?

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.

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Human Resources

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1. Can I apply for employment at any time?

The Town of Atherton only accepts applications for positions that are advertised as open.

2. Where do I find a list of open positions?

If the Town has open positions, they are listed on the Town's Human Resources Web Page under Employment Opportunities. Employment Opportunities.

3. Are there MOUs and Employment Contracts online?

Yes. All of the Town's current Memorandums of Understanding with the Atherton Police Officers Association, specific position employment contracts, and salary & benefit resolutions are all online. They are accessible via the Human Resources Web Page under Labor Contracts. Labor Contracts

4. Does the Town have to bargain with Unions?

The Town has one bargaining unit that represents the Atherton Police Officers and Dispatchers. This is the only segment of employees represented by a bargaining unit. California law (Government Code) provides employees the right to form, join and participate in "concerted" or "union" activities. When this occurs, the employer and union or association have a legal obligation to "meet and confer in good faith" on matters involving wages, hours or other terms and conditions of employment. The result of this "meet and confer" process or "collective bargaining" process is a negotiated labor agreement or Memorandum of Understanding (MOU).

5. When does the MOU's expire?

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.

6. How does the Town decide what it will propose during bargaining?

There are many factors that are taken into consideration when the Town decides what issues it will introduce during the negotiations process. The strongest influences on the negotiation process is the Town's fiscal condition and operational considerations. The City Manager serves as the Town's chief negotiator during the negotiations process with the APOA. The City Manager meets with the City Council in closed session to provide updates on the negotiation process and issues involved. With the approval of the the City Manager and the direction of the City Council, proposals and issues are identified that meet the needs of the Town and organization. These are brought forward during the negotiations process.

7. Who has the authority to decide what will be in the contract?

The two parties, the Town and the APOA, each have their own process for determining what proposals they bring to the negotiations table. Through the collective bargaining process, the parties attempt to reach agreement by negotiating the proposals presented. When a tentative agreement is reached, the APOA presents the agreement to its members for approval. If the employees approve the tentative agreement, the City Manager then brings the agreement to the City Council for ratification.

8. If the MOU expires while the Town is still negotiating, what happens?

If the MOU expires prior to a successor MOU being successfully negotiated, the terms and conditions of employment remain in place while the parties are still engaged in the negotiations process. The effective date of any ultimately ratified amendments or changes becomes a point of further negotiation.

9. What is a concession?

A "concession" is a term used when the employees or employer are being asked to reduce, eliminate, or impose wages or benefits. For example, an employee concession could be to reduce their wages by 5% in the face of fiscal distress expressed by the Town. A concession by the Town could be to add or impose a benefit not previously provided in lieu of something different.

10. How does the budget impact the negotiations discussion?

Any structural deficit (operating revenues less than operating expenditures) is one of the most important factors for negotiation discussions (from the Town's perspective). Labor costs are the highest percentage of costs to the Town's General Fund. Increases to wages or benefits directly impact current and future budgets.

11. How long does bargaining last?

There is no set time frame for bargaining to be concluded. Both parties have a legal obligation to meet and confer in good faith. Insofar as those discussions continue to be productive, the parties continue to meet. When, after a reasonable period of time, the parties fail to reach agreement, the parties may mutually agree to request mediation and ultimately move to impasse.

12. What is mediation?

Mediation is a voluntary process sometimes used when the parties are unable to reach agreement. If both parties agree to seek the assistance of a neutral third party, a State "mediator" will meet with the parties and try and resolve remaining issues.

13. What is impasse?

When the parties have reached a deadlock in negotiations they are said to have reached an impasse in negotiations. State law provides specific requirements for impasse.

14. What happens if agreement is not reached and the parties reach impasse?

Effective January 2012, when a local public agency has reached an impasse during collective bargaining with representatives of a recognized employee organization, the employee organization is able to require the bargaining impasse to be submitted to a "fact finding" panel. Specifically, if a mediator is unable to effect settlement within 30 days of appointment, the employee organization may request that the differences be submitted to a tri-party fact finding panel consisting of one representative from each of the sides and a chairperson selected by the Public Employment Relations Board ("PERB").

The fact finding panel is charged with making written findings of fact and advisory recommendations covering unresolved issues during negotiations. The panel is empowered to conduct investigations, hold hearings and take any steps it deems appropriate to resolve the bargaining impasse, including the issuance of subpoenas requiring witness testimony and the production of evidence.

If the impasse is not settled by the panel within 30 days after appointment, they must submit any findings of fact and recommended terms of settlement to the parties. The public agency is required to make these findings and recommendations publicly available within 10 days of receiving them. After applicable mediation and fact finding procedures have been exhausted, but no earlier than 10 days after the issuance of the panel's written findings and recommendations, a public agency may implement its last, best and final offer. Prior to doing so the agency must hold a public hearing regarding the impasse.

Agency experience with the 2012 State law has revealed that the new fact finding/impasse tends to be a costly solution to negotiation stalemates.

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Main

Show All Answers

1. How do I contact a city/county department?

Visit the Staff Directory to find all department and staff contact information.

2. Where can I find the answers to my frequently asked questions?

Use the FAQs module to easily find answers to the questions you ask the most.

3. How do I find Town documents and archives?

The Archive Center is a collection of documents that contains minutes, budgets, agendas, reports, and other information. To find something in the Town's history, visit the archives center. Archives Center

4. What are the various municpal services provided by the Town?

Atherton residents receive services through a mixture of in-house staff, contracts and partnerships, as well as services through outside agencies such as water services, sewer services, and telecommunications services. To assist the community with obtaining better service information and delivery we have assembled a comprehensive list of the various types of services provided in Atherton. You can visit the Local Municipal Services Page. Local Municipal Services

5. Does the Town have a summary of Tax Data?

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. 

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Marsh Road

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1. When can work on the channel begin? (Update: 3/13/16)

The State and Regional Permits required provide guidelines as to when work may be done in the channel areas. Construction can ONLY occur from March to October. The Town expects an award of construction to take place by April and work to begin shortly thereafter. The Council is commenting on a proposed construction schedule at their March 16, 2016 Council Meeting (Staff Report).

The project will have significant traffic and neighborhood impacts on Marsh Road in order to perform the work and to allow for construction equipment and material staging. There will be unavoidable impacts to traffic flow and significant impacts to the surrounding neighborhoods (traffic, noise, etc.).

The project construction is wedged between the immovable boundaries of April 15 and October 15 (State law). The project is further constricted by school traffic/timing and the Town’s waste hauler route audit. It has also been suggested that the project limit its impact during the school year (mid-June and early-August) – to accommodate these boundaries, the project construction period would be limited to mid-May 2016 to mid-October 2016 (5 months) – pushing the project to school year end or school year beginning, but not both.

If all the weekdays in the above period were open, this limits the project to 100 construction days; assuming the project is confined to the Town’s established Monday through Friday, 8 am to 5 pm construction requirements. That is not sufficient time for the project to complete. Staff worked with the construction management professional and developed three potential construction schedules addressing the concerns as much as possible. In broad summary, the proposed construction schedule would involve an 8-week full closure (48 working days) of Marsh Road (access to local driveways permitted) with active construction from 9 am to 8 pm, Monday through Saturday. The remainder of the necessary construction period (42 days) would have daytime flagging of 1-lane, 2-way traffic control and active construction from 9 am to 5 pm, Monday through Friday.

2. Have you thought about covering it and making a bike/ped path?

The Council opted for a concrete U-Channel design that would allow covering at a future date. Given the deterioration of the existing channel, time was of the essence in getting the project moving. The channel as a watercourse is governed by the Regional Water Quality Board, Army Corp of Engineers, State Fish and Wildlife, and others. A covered channel required a full environmental impact report. The length of time required to complete such a report was prohibitive. Designing the channel uncovered at this point allowed the Town to move forward more quickly but retained the option for cover at a future date.

The Council was and is keenly interested in the opportunity to cover the channel at a future date with the possibility of bicycle and/or pedestrian pathways along it. However, there are a number of issues to work through first - 1) environmental review; 2) termination of the bike/ped at Fair Oaks in the County...then what? 3) capacity issues related to the covered channel

3. Did the Council explore any alternatives?

YES! The Council hired Biggs Cardosa Associates, Inc. to analyze various options for repair and design. These included soldier piles, cast-in-place options, pre-cast options, soil nails, box culverts, and a steel pipe. After analysis, the Council landed on a cast-in-place U-Channel with the opportunity to cover the channel at some future date for a bicycle/pedestrian pathway. Here's a link to the October 2013 Report:
November 20, 2013 Report

4. What about adding another lane of travel for vehicles?

The Town discussed adding a lane of travel for vehicles. The width of Marsh Road narrows a bit in areas. If/when the channel is covered in the future, the Town could consider adding some additional width to the paved area on the east and west side of the roadway to allow the striping of an additional lane of travel and/or emergency response lane. Trees would have to be removed from the right-of-way to accommodate the project.

The addition of an emergency response lane is something that the Menlo Park Fire District has suggested as a priority when/if the channel is ultimately covered. Because Marsh Road is a detour corridor for Highway 101, a thruway for travel through Atherton to other destinations, and an emergency response route to areas around Atherton, the question becomes who should contribute to the widening of the roadway? Should the cost be borne by solely Atherton residents? Or, should the cost of the project be spread amongst the State, the Fire District, and other regional agencies with an interest in the improvements?

At the present time, the Town is solely interested in a project that can rehabilitate the channel. It is currently deteriorating to the point that the roadway itself is in jeopardy of failing. The cost to do this incremental repair is nearly $3.5 million (all in) - all at the expense of Atherton residents. Bigger projects addressing bigger issues with far more substantial costs will be considered at a later date. Roadway safety is the primary issue driving the project at this point.

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Parking

Show All Answers

1. Do I need a permit to park my vehicle in the Atherton Caltrain parking lot?

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.

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Planning

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1. What can I build on my lot?

Each lot is unique and what can be built depends on many factors (e.g. zoning district, lot size, lot configuration, and existing square footage to name a few). Please review the zoning map and handouts and set up an appointment to meet with a planner prior to submitting your plans.

2. What is the maximum size house? Are there floor area maximums?

The maximum size of a house, or Floor Area Ratio in Atherton depends on the size of the lot and the residential zone in which the property is located. Information pertaining to the maximum allowable FAR can be found in Chapter 17.32 and 17.33 of the Town Zoning Ordinance.

3. What are the various zoning districts in the Town?

Atherton has two residential zones, R1A and R1B. There are also Public Facilities Zones, comprised of public schools and Town administration offices, and Public Open Space zones containing parks and open space.

4. Does the Town have any commercial businesses?

There are no commercial zones in Atherton.

5. How many schools are there in Town?

There are three private schools and five public schools in Atherton Town Limits. Private schools include Sacred Heart, Menlo School, and Menlo College. Public schools include Las Lomitas School, Selby Lane School, Menlo Atherton High School, Encinal School, Laurel School.

6. Can I rent out my entire property?

The Town of Atherton does not regulate private rental agreements between a landlord and a renter, however these types of agreements shall involve some sort of lease agreement for use of the property as a single family residence, and short-term rentals (Airbnb) are not permitted.

7. Can I rent out a room in my house?

You rent your home to a family or a group of individuals. Homes can be shared by a group of individuals but cannot be rented like a rooming house or boarding house.

8. Can I build and rent a second unit?

Yes - use and development standards for second units are regulated by the Second Dwelling Unit Ordinance found in Chapter 17.52 of the Town Zoning Code. The Planning Department page also includes a handout detailing size, location, and design requirements for second dwelling units.

9. Are there restrictions on using/renting through companies like VRBO or AirBnB?

The Town of Atherton does not allow commercial-residential uses. Prohibited uses include hotels, motels, boardinghouses, and transient guest quarters, including bed and breakfasts. Renting homes on VRBO or Airbnb would be considered commercial use and are not allowed.

10. How many lots are there in Town?

There are approximately 2,700 lots in Atherton

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Public Works

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1. Who provides my sewer service?

Services are provided by West Bay Sanitary District, 650-321-0384, or Fair Oaks Sanitary, 650-363-4100.

2. Who maintains the Town's right-of-way?

The Public Works Department oversees the public right of way. Per Town ordinance, most landscaping in the right of way (including tree’s) is the responsibility of the property owner whose property adjoins the area.

3. Where is the right-of-way for my property?

Generally, the right of way is the area between your front fence line and the edge of the paved street.

4. Who owns the right-of-way?

Technically, the property owners own the right of way, but according to deed this area is dedicated to the Town for public use.

5. What if there are improvements in the right-of-way? Who is responsible for those? Trees? Landscaping? Driveways?

Per Town ordinance (Chapter 12.06) the improvements in the right-of-way are the responsibility of the owner of the “lot frontage strip”.

6. Who trims the trees in the right-of-way?

Tree trimming is considered landscaping, and therefore the responsibility of the home owner to maintain.

7. Who do I call about a pothole?

The Town's Public Works Department at 650-752-0570.

8. Who do I call about striping?

The Town's Public Works Department at 650-752-0570.

9. A contractor has damaged the roadway (paint, divit, pavement, etc.) - who do I call?

The Town's Public Works Department at 650-752-0570.

10. How many street miles are there in Town?

There approximately 52 centerline miles or 110 lane miles of street in Atherton.

11. When does the street sweeper come?

Street sweeping is performed to about 17.5 lane miles of street on a monthly basis. This is mainly on streets with curb and/or gutter. The entire town gets swept 4 times per year depending on leaf drop and storm litter.

12. Can I park on the street?

Yes.

13. I need to dig in the street or right-of-way. Who do I call?

The Public Works desk number is (650) 752-0570. You will need to obtain an encroachment permit.

14. Are all the streets in Town public? If not, where are the private streets? What’s the difference?

Not all streets in the Town are public. There are still a few private streets still in existence. The difference is the Town does not perform routine maintenance on private streets, nor does it oversee the utility uses or other right of way encroachments.

15. Roadway Bicycle Markings (or "Sharrows") are popping up around Town...what's the deal?

Roadway Bicycle Markings (or "Sharrows") are popping up around Town along designated bicycle routes. Sharrows assist bicyclists with positioning on a shared roadway and alert motorists of the location that a cyclist may occupy within the traveled way.

Sharrows do not represent a designated traffic lane for bicyclists - they serve as a lateral guide for bicyclists and an alert for motorists. A bicycle lane is a designated traffic lane for bicyclists and is represented by a solid white line, typically breaking into a dotted line ending before it reaches a corner.

The California Vehicle Code provides Safety Tips for Bicyclists and Motorists to assist bicycle riders and motorists alike in managing the rules of the road. Bicycle riders on public roads have the same rights - and the same responsibilities - as motorists.They are both subject to the same rules and regulations. The California law requiring motorists to leave 3 feet from a bicyclist as they pass applies on shared roadways. The law applies to any place a vehicle passes a bicyclist - regardless of whether there is an identified bicycle route, lane, or not. If there is not enough room for a driver to give three feet of space, the must slow down before safely passing. Bicyclists must obey traffic signs and signals - just like any other vehicle.

In 2014, the City Council confirmed the priorities and accepted the Town's Bicycle and Pedestrian Master Plan. The Town of Atherton has developed a Bicycle & Pedestrian Master Plan. The primary purposes of the Plan are to:

• Provide a comprehensive plan for bicycle/ pedestrian improvements throughout the Town;
• Provide connectivity with adjacent agencies;
• Improve bicycle and pedestrian safety;
• Become more strategic and successful competing for bicycle/pedestrian grant funding; and
• Identify barriers and solutions for residents to safely access bicycle and pedestrian destinations within the Town of Atherton and to other regional destinations.

Phase I Implementation involved the installation of Class III Bicycle Routes - identified routes to connect cyclists moving through Town North/South and West/East. There are sharrows on the pavement and associated signage. The routes direct cyclists N/S along Fair Oaks Avenue, Atherton Avenue, Watkins Avenue, Park Lane, and Camino Al Lago. The routes also direct cyclists W/E along Elena Avenue, Faxon Road, Barry Lane, Selby Lane, Dinkelspiel Station Lane, Austin Avenue, and Emile Avenue.

The Manual of Uniform Traffic Control Devices (MUTCD) controls how and where sharrows may be placed and are based on a number of factors such as road width, curb presence, parking, etc. In some areas, you may see a sign that says "Bicycles May Use Full Lane" - this is because under the California Vehicle Code, the sign is required along routes where there are no designated bicycle lanes or shoulders that are usable by bicyclists and where travel lanes are too narrow for bicyclists and motor vehicles to operate side by side.

As mentioned above, sharrows are used to assist bicyclists with lateral positioning in lanes that are too narrow for a motor vehicle and a bicycle to travel side by side and alerts motorists of the lateral location of bicyclists likely occupying portions of the traveled way. On Atherton streets, the MUTCD requires that the center of the sharrow be at least 4 feet from the edge of pavement where there is no curb. The bicyclist should ride to the right of the center of the sharrow.

The Town is also moving forward with analysis for Class I and II lanes along Selby Lane, Watkins, Atherton Avenue, and Valparaiso. For more information on the Town's Bicycle and Pedestrian Master Plan visit the Town's website.

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Quiet Zone

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1. What is a Quiet Zone?

A Quiet Zone is a section of a rail line that contains one or more consecutive public highway-rail at-grade crossings at which locomotive horns are not routinely sounded. A quiet zone does not preclude the sounding of locomotive horns in emergency situations, nor does it impose a legal duty to sound the horn in such situations. Nothing in the Final Rule restricts the use of locomotive horns during malfunctions, maintenance or testing.

2. Why Do Trains Sound Their Horns?

In response to an increase in train/automobile collisions, in 1994 Congress enacted a law that required the FRA to issue a Federal Regulation requiring the consistent sounding of locomotive horns at public highway-rail grade crossings. It also gave the FRA the ability to provide for exceptions through which communities may establish “quiet zones”.

The Train Horn Rule became effective in June 2005. The rule set nationwide standards for the sounding of locomotive train horns at public highway-rail grade crossings. The FRA has very specific requirements as to when, where, how long, and how loud a train must sound its horn. According to FRA rules, train horns must:

• Be between 96 and 110 decibels
• Sound at least 15 seconds but no more than 20 seconds before reaching a crossing
• Sound no more than ¼ of a mile in advance of a crossing if the train is traveling faster than 60 mph

3. Who is Responsible for Establishing a Quiet Zone?

Per the FRA Rule, a Quiet Zone may be established by the Public Authority responsible for traffic control or law enforcement at the public highway-rail grade crossing. The Town of Atherton is the Public Authority for the Fair Oaks Lane and Watkins Avenue rail grade crossings.

4. When was the Atherton Fair Oaks Quiet Zone Established?

12:01 AM, June 13, 2016

5. Is the Atherton Caltrain Station Part of the Quiet Zone?

No. The Final Rule regulates locomotive train horns at public highway-rail grade crossings. Commuter rail stations and associated audible warnings are regulated by the operating rules of the passenger rail agency, in this instance, Caltrain. Caltrain should be contacted to obtain information regarding their operating rules related to audible warnings for stations. Visit the Caltrain Website

6. Is the Sounding of Train Horns Now Prohibited Through the Town of Atherton?

No. Trains are still required to sound locomotive horns in accordance with the Final Rule as they approach the Watkins Avenue public highway-rail grade crossing.

7. Are Quiet Zones Safe?

Each crossing within a Quiet Zone must be equipped with active grade crossing warning devices and meet other criteria in accordance with the Final Rule in order to be eligible for Quiet Zone establishment. The safety equipment provided at the Fair Oaks Lane highway-rail grade crossing is the installation of a 4 quadrant gate system which provides a physical barrier to prohibit cars from entering the railroad corridor in the event of an approaching train. The 4 quadrant gate system is an approved FRA Supplemental Safety Measure which provides additional warning to minimize the risk of vehicle/train collisions.

8. Did the Town Assume Any Potential Liability by Establishing the Atherton Fair Oaks Quiet Zone?

The absence of routine locomotive train horn sounding increases the risk of a crossing collision, but the FRA required Supplemental Safety Measure (4 quadrant gate system) is intended to mitigate any increased risk. In the event of a collision, liability would be determined by a court on a case-by-case basis, but the idea is that installation of the Supplemental Safety Measure makes the crossing at least as safe, if not safer, than it was prior to establishment of the quiet zone. As a result, establishment of a quiet zone should not result in additional liability for the Town.

9. Can the Town Create a Quiet Zone at the Watkins Railroad Crossing?

Not at this time. The Watkins highway-rail grade crossing currently does not have the required Supplemental Safety Measure to make this crossing Quiet Zone eligible. The Town of Atherton has funded an engineering study to determine the feasibility and cost to construct a 4-quadrant gate system at the Watkins Avenue crossing. Once completed, funding and construction will need to be coordinated with and through Caltrain.

10. How Can I Report Violations of the Quiet Zone?

Quiet Zone violations can be reported to the FRA using the following online form:
Report Violation

11. Where Can I Learn More About How Quiet Zones are Established?

The FRA Guide to Quiet Zone Establishment can be found at:

FRA Quiet Zone Establishment Information

Additional information can be found at:
The Train Horn Rule and Quiet Zones

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Recycling & Disposal

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1. How do I dispose of old batteries?

Recology of San Mateo County will recycle your batteries.

Battery Recycling

2. What can I do with my unused computers?

Read about the various choices regarding your unwanted computers.

Recology of the Coast Computer Recycling

3. Can I recycle my unsued cell phone?

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

Cell Phone Recycling Program

4. Can my unused cell phone be put to another use?

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.

Verizon Wireless Hopeline Program

5. I need to dispose of some syringes. Is there a place to do this?

San Mateo County offers choices for disposal.

Syringe Disposal

6. Will the Police Department help me get rid of my unwanted guns?

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.

7. What should I do with my unused medication?

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

Medication DIsposal

8. I have some old solvents and other chemicals to dispose of. Where can I do this?

Household hazardous waste programs are available within San Mateo County.

Household Hazardous Waste Programs

9. Where can I dispose of ammunition or a firearm if I live in the Town of Atherton?

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.

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Refuse Collection Services

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1. Why did the Town change service providers?

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.

2. When did Greenwaste start providing services to Atherton?

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

3. Did the rates go up?

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. 

4. Are the service levels changing?

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. 

5. What is the billing schedule for Greenwaste?

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.

6. When will you be changing out my carts?

The cart replacement process will begin on January 18, 2021 and will occur during a 2-3 week period. Your carts will be replaced on your service day during that period. Set all carts in their service location by 6:30am on your service day, even if they are empty. Please leave carts out until 6pm, as the replacement will occur after the carts are serviced. GreenWaste and Recology are using the same cart removal/delivery subcontractor to minimize the opportunity for disruption. You will receive the same size and number of carts you currently have based on the information in Recology’s database. Your old carts will be removed at the same time your new carts are delivered.

7. What about my extra carts that I purchased separately?

The cart delivery subcontractor will be removing all carts set out at the curb. If you have additional carts that you own and wish to keep, do not bring them to the curb during the replacement period. Please also keep in mind that these customer-owned carts may only be used for incidental extra material and may not be used for regular weekly collection.

8. What if I am delivered fewer carts than I set out?

All carts set out Curbside for removal during the weeks of cart transition will be removed.  However, your account with Recology has a specific per cart subscription and there is a subscription fee (service and/or cart rental) associated with each cart. Only the amount of carts on that subscription will be replaced. We don’t want to begin charging for services you may not want to receive, so if you are currently paying for service on fewer carts than you set out, you will only be delivered the number and type of carts based on the information in Recology’s database. The excess carts will be removed but not replaced. In this case, a cart hanger will be left on your new carts indicating how many and what type of carts were removed and not replaced, and you can contact Customer Service if you would like to subscribe to additional services.

IN SUMMARY: If you want excess carts removed but not replaced, you can set them out; but, if you want all carts removed and replaced (increasing your subscribed service level), contact Customer Service when you receive the cart hanger. If you do not want your owned carts replaced, do not set them out during the transition weeks.

9. What materials go in the gray, green and blue carts?

• 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. 

10. Why is Food Waste moving to to the Gray 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.

11. What is the best way to put food in the Gray Cart?

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.

12. Can I still add vegetable scraps to the Green Cart?

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.

13. What changes are being made to Backyard Services?

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.

14. How do I set out EXTRA Material for collection?

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’.

15. What constitutes "Excess Mixed Compostables"?

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

16. Can I set out household batteries & cell phones?

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. 

17. Can I set out used motor oil and filters?

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.

18. How is excess material collected & charged

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.