Foster City City Council
October 7, 2024

6.7 Attachment 6 - City/District Pay Plan FY 2023-2024 Effective July 1, 2023

110

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2023-2024 Pay Plan
Effective July 1, 2023
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Other Management - Non-Exempt
Deputy City Clerk 43.8784 46.0723 48.3759 50.7947 53.3344 Police Records Supervisor 49.8726 52.3662 54.9845 57.7337 60.6204 Housing Coordinator 54.4671 57.1905 60.0500 63.0525 66.2051 Human Resources Technician 40.8812 42.9253 45.0716 47.3252 49.6915 AFSCME - Maintenance Unit
Public Works Lead Maintenance Worker 42.1107$ 44.2162$ 46.4270$ 48.7483$ 51.1857$ Mechanic I 41.8879$ 43.9823$ 46.1814$ 48.4905$ 50.9150$ Building Lead Maintenance Worker 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Parks Lead Maintenance Worker 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Irrigation Technician 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Building Maintenance Worker II 39.1568$ 41.1146$ 43.1703$ 45.3288$ 47.5952$ Public Works Maintenance Worker II 38.1956$ 40.1054$ 42.1107$ 44.2162$ 46.4270$ Parks Maintenance Worker II 37.4988$ 39.3737$ 41.3424$ 43.4095$ 45.5800$ Equipment Maintenance Worker 37.0669$ 38.9202$ 40.8662$ 42.9095$ 45.0550$ Building Maintenance Worker I 35.3045$ 37.0697$ 38.9232$ 40.8694$ 42.9129$ Public Works Maintenance Worker I 34.6446$ 36.3768$ 38.1956$ 40.1054$ 42.1107$ Parks Maintenance Worker I 34.0125$ 35.7131$ 37.4988$ 39.3737$ 41.3424$ Public Works Maintenance Worker 31.4236$ 32.9948$
Parks Maintenance Worker 30.8504$ 32.3929$
AFSCME - General Unit
Plans Examiner 60.3602$ 63.3782$ 66.5471$ 69.8745$ 73.3682$ Sr. Bldg Inspector 54.7484$ 57.4858$ 60.3601$ 63.3781$ 66.5470$ Building Inspector 49.6584$ 52.1413$ 54.7484$ 57.4858$ 60.3601$ Code Enforcement Officer II 46.7780$ 49.1169$ 51.5727$ 54.1513$ 56.8589$ Sr. Engineering Technician 44.0526$ 46.2552$ 48.5680$ 50.9964$ 53.5462$ Recreation Coordinator II 43.5227$ 45.6988$ 47.9837$ 50.3829$ 52.9020$ Social Media / Communication Assistant 41.3790$ 43.4479$ 45.6203$ 47.9013$ 50.2964$ Building Permit Technician II 40.7761$ 42.8149$ 44.9556$ 47.2034$ 49.5636$ Administrative Assistant II 40.3340$ 42.3507$ 44.4682$ 46.6916$ 49.0262$ Recreation Coordinator I 39.4764$ 41.4502$ 43.5227$ 45.6988$ 47.9837$ Sr. Comm. Services Officer 37.7108$ 39.5963$ 41.5761$ 43.6549$ 45.8376$ Senior Accounting Specialist 37.1478$ 39.0052$ 40.9555$ 43.0033$ 45.1535$ Building Permit Technician I 36.6047$ 38.4349$ 40.3566$ 42.3744$ 44.4931$ Administrative Assistant I 36.5841$ 38.4133$ 40.3340$ 42.3507$ 44.4682$ Police Records Specialist 35.9667$ 37.7650$ 39.6533$ 41.6360$ 43.7178$ Code Enforcement Officer I 35.7448$ 37.5320$ 39.4086$ 41.3790$ 43.4480$ Accounting Specialist 35.3789$ 37.1478$ 39.0052$ 40.9555$ 43.0033$ Building Services Coordinator 35.3044$ 37.0696$ 38.9231$ 40.8693$ 42.9128$ Office Assistant II 32.3380$ 33.9549$ 35.6526$ 37.4352$ 39.3070$ Office Assistant I 29.3315$ 30.7981$
FCPOA
Police Sergeant 68.1757$ 71.5845$ 75.1637$ 78.9219$ 82.8680$ Police Corporal 62.2919$ 65.4065$ 68.6768$ 72.1106$ 75.7161$ Police Dispatch Supervisor 57.2142$ 60.0749$ 63.0786$ 66.2325$ 69.5441$ Police Officer 56.2988$ 59.1137$ 62.0694$ 65.1729$ 68.4315$ Lead Police Dispatcher 52.4087$ 55.0291$ 57.7806$ 60.6696$ 63.7031$ Police Officer Recruit 51.0645$ 53.6177$
Police/Fire Dispatcher 47.5362$ 49.9130$ 52.4087$ 55.0291$ 57.7806$ Hourly / Part-Time / Seasonal
Building Services Coordinator Assistant 18.94$ 19.60$ 20.29$ 21.00$ 21.74$ Recreation Leader III 18.94$ 19.60$ 20.29$ 21.00$ 21.74$ Recreation Leader II 17.68$ 18.30$ 18.93$ 19.60$ 20.29$ Building Serv. Assistant 16.50$ 17.08$ 17.68$ 18.29$ 18.93$ Clerical Assistant 16.50$ 17.08$ 17.68$ 18.29$ 18.93$ Recreation Leader I 16.50$ 17.08$ 17.68$ 18.29$ 18.93$ Department Intern 16.50$ 30.00$
Videographer 20.00$ 30.00$
Hourly

6.7 Attachment 6 - City/District Pay Plan FY 2023-2024 Effective July 1, 2023

111

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2022-2023 Pay Plan
Effective June 1, 2023
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Monthly
Executive Management
City Manager 25,276.49$
Chief of Police 18,867.04$ 19,810.39$ 20,800.90$ 21,840.95$ 22,933.00$ Assistant City Manager 18,867.04$ 19,810.39$ 20,800.90$ 21,840.95$ 22,933.00$ Director of Public Works 17,312.97$ 18,178.61$ 19,087.54$ 20,041.91$ 21,044.00$ Deputy City Manager 17,312.97$ 18,178.61$ 19,087.54$ 20,041.91$ 21,044.00$ Community Development Director 16,899.95$ 17,744.95$ 18,632.19$ 19,563.80$ 20,542.00$ Finance Director 16,899.95$ 17,744.95$ 18,632.19$ 19,563.80$ 20,542.00$ Administrative Services Director 16,899.95$ 17,744.95$ 18,632.19$ 19,563.80$ 20,542.00$ Parks & Recreation Director 16,899.95$ 17,744.95$ 18,632.19$ 19,563.80$ 20,542.00$ Communications Director / City Clerk 16,127.44$ 16,933.80$ 17,780.50$ 18,669.53$ 19,603.00$ Other Management - Exempt
Police Captain 15,880.63$ 16,674.67$ 17,508.40$ 18,383.82$ 19,303.00$ Engineering Manager 13,979.39$ 14,678.35$ 15,412.26$ 16,182.87$ 16,992.00$ Police Lieutenant 13,809.05$ 14,499.51$ 15,224.47$ 15,985.70$ 16,785.00$ Assistant Finance Director 13,369.72$ 14,038.21$ 14,740.13$ 15,477.14$ 16,251.00$ Chief Building Official 12,813.60$ 13,454.27$ 14,126.98$ 14,833.33$ 15,575.00$ Economic Development Manager 12,659.75$ 13,292.73$ 13,957.35$ 14,655.23$ 15,388.00$ Information Technology Manager 12,659.75$ 13,292.73$ 13,957.35$ 14,655.23$ 15,388.00$ Human Resources Manager 12,659.75$ 13,292.73$ 13,957.35$ 14,655.23$ 15,388.00$ Planning Manager 12,370.16$ 12,988.66$ 13,638.09$ 14,320.00$ 15,036.01$ Principal Management Analyst 11,982.65$ 12,581.78$ 13,210.88$ 13,871.42$ 14,564.99$ Financial Services Manager 11,665.92$ 12,249.22$ 12,861.68$ 13,504.76$ 14,180.00$ Senior Civil Engineer 11,606.68$ 12,187.01$ 12,796.37$ 13,436.19$ 14,108.00$ Public Works Maintenance Manager 11,437.19$ 12,009.05$ 12,609.51$ 13,240.00$ 13,901.99$ Building/Fleet Maintance Manager 10,865.42$ 11,408.70$ 11,979.14$ 12,578.09$ 13,207.00$ Parks Maintenance Manager 10,636.72$ 11,168.56$ 11,726.99$ 12,313.34$ 12,929.00$ Recreation Manager 10,468.88$ 10,992.33$ 11,541.95$ 12,119.05$ 12,725.00$ Senior Management Analyst 10,419.53$ 10,940.51$ 11,487.53$ 12,061.90$ 12,665.00$ Senior Planner 10,148.04$ 10,655.44$ 11,188.22$ 11,747.63$ 12,335.00$ Associate Civil Engineer 10,092.92$ 10,597.57$ 11,127.45$ 11,683.81$ 12,268.00$ Senior Human Resources Analyst 9,970.31$ 10,468.83$ 10,992.28$ 11,541.90$ 12,119.00$ Public Works Maintenance Superintendent 9,721.05$ 10,207.10$ 10,717.46$ 11,253.34$ 11,816.00$ Sr. Systems Analyst 9,568.73$ 10,047.16$ 10,549.52$ 11,076.99$ 11,630.84$ Senior Accountant 9,408.41$ 9,878.84$ 10,372.79$ 10,891.42$ 11,436.00$ Communications Manager 9,123.76$ 9,579.96$ 10,058.97$ 10,561.91$ 11,090.00$ Assistant Engineer 9,083.48$ 9,537.65$ 10,014.52$ 10,515.25$ 11,041.00$ Management Analyst 9,060.41$ 9,513.43$ 9,989.11$ 10,488.57$ 11,013.00$ Associate Planner 8,824.31$ 9,265.53$ 9,728.80$ 10,215.24$ 10,726.01$ Human Resources Analyst 8,669.63$ 9,103.12$ 9,558.28$ 10,036.19$ 10,538.01$ Technology Analyst II 8,458.18$ 8,881.10$ 9,325.16$ 9,791.43$ 10,281.00$ Accountant II 8,180.93$ 8,589.98$ 9,019.49$ 9,470.47$ 9,944.00$ Assistant Planner 7,953.09$ 8,350.75$ 8,768.29$ 9,206.70$ 9,667.04$ Technology Analyst I 7,449.57$ 7,822.05$ 8,213.16$ 8,623.82$ 9,055.00$ Accountant I 7,363.18$ 7,731.34$ 8,117.91$ 8,523.81$ 8,950.00$ Management Assistant 6,195.75$ 6,505.53$ 6,830.81$ 7,172.34$ 7,530.96$

6.7 Attachment 7 - City/District Pay Plan FY 2022-2023 Effective June 1, 2023

112

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2022-2023 Pay Plan
Effective June 1, 2023
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Other Management - Non-Exempt
Deputy City Clerk 42.6844$ 44.8186$ 47.0595$ 49.4125$ 51.8831$ Police Records Supervisor 47.8623$ 50.2554$ 52.7682$ 55.4066$ 58.1769$ Housing Coordinator 52.2716$ 54.8852$ 57.6295$ 60.5110$ 63.5365$ Human Resources Technician 39.2334$ 41.1951$ 43.2549$ 45.4176$ 47.6885$ AFSCME - Maintenance Unit
Public Works Lead Maintenance Worker 40.1053$ 42.1106$ 44.2161$ 46.4269$ 48.7482$ Mechanic I 39.8931$ 41.8878$ 43.9822$ 46.1813$ 48.4904$ Building Lead Maintenance Worker 39.3736$ 41.3423$ 43.4094$ 45.5799$ 47.8589$ Parks Lead Maintenance Worker 39.3736$ 41.3423$ 43.4094$ 45.5799$ 47.8589$ Irrigation Technician 39.3736$ 41.3423$ 43.4094$ 45.5799$ 47.8589$ Building Maintenance Worker II 37.2921$ 39.1567$ 41.1145$ 43.1702$ 45.3287$ Public Works Maintenance Worker II 36.3767$ 38.1955$ 40.1053$ 42.1106$ 44.2161$ Parks Maintenance Worker II 35.7130$ 37.4987$ 39.3736$ 41.3423$ 43.4094$ Equipment Maintenance Worker 35.3018$ 37.0669$ 38.9202$ 40.8662$ 42.9095$ Building Maintenance Worker I 33.6232$ 35.3044$ 37.0696$ 38.9231$ 40.8693$ Public Works Maintenance Worker I 32.9948$ 34.6445$ 36.3767$ 38.1955$ 40.1053$ Parks Maintenance Worker I 32.3928$ 34.0124$ 35.7130$ 37.4987$ 39.3736$ Public Works Maintenance Worker 29.9272$ 31.4236$
Parks Maintenance Worker 29.3812$ 30.8503$
AFSCME - General Unit
Plans Examiner 57.4858$ 60.3601$ 63.3781$ 66.5470$ 69.8744$ Sr. Bldg Inspector 52.1413$ 54.7484$ 57.4858$ 60.3601$ 63.3781$ Building Inspector 47.2937$ 49.6584$ 52.1413$ 54.7484$ 57.4858$ Code Enforcement Officer II 44.5504$ 46.7779$ 49.1168$ 51.5726$ 54.1512$ Sr. Engineering Technician 41.9548$ 44.0525$ 46.2551$ 48.5679$ 50.9963$ Recreation Coordinator II 41.4501$ 43.5226$ 45.6987$ 47.9836$ 50.3828$ Social Media / Communication Assistant 39.4086$ 41.3790$ 43.4479$ 45.6203$ 47.9013$ Building Permit Technican II 38.8345$ 40.7762$ 42.8150$ 44.9557$ 47.2035$ Administrative Assistant II 38.4133$ 40.3340$ 42.3507$ 44.4682$ 46.6916$ Recreation Coordinator I 37.5965$ 39.4763$ 41.4501$ 43.5226$ 45.6987$ Sr. Comm. Services Officer 35.9150$ 37.7107$ 39.5962$ 41.5760$ 43.6548$ Senior Accounting Specialist 35.3789$ 37.1478$ 39.0052$ 40.9555$ 43.0033$ Building Permit Technician I 34.8615$ 36.6046$ 38.4348$ 40.3565$ 42.3743$ Administrative Assistant I 34.8420$ 36.5841$ 38.4133$ 40.3340$ 42.3507$ Police Records Specialist 34.2540$ 35.9667$ 37.7650$ 39.6533$ 41.6360$ Code Enforcement Officer I 34.0427$ 35.7448$ 37.5320$ 39.4086$ 41.3790$ Accounting Specialist 33.6942$ 35.3789$ 37.1478$ 39.0052$ 40.9555$ Building Services Coordinator 33.6232$ 35.3044$ 37.0696$ 38.9231$ 40.8693$ Office Assistant II 30.7981$ 32.3380$ 33.9549$ 35.6526$ 37.4352$ Office Assistant I 27.9348$ 29.3315$
FCPOA
Police Sergeant 65.4277$ 68.6991$ 72.1341$ 75.7408$ 79.5278$ Police Corporal 59.7810$ 62.7701$ 65.9086$ 69.2040$ 72.6642$ Police Dispatch Supervisor 54.9079$ 57.6533$ 60.5360$ 63.5628$ 66.7409$ Police Officer 54.0295$ 56.7310$ 59.5675$ 62.5459$ 65.6732$ Lead Police Dispatcher 50.2962$ 52.8110$ 55.4516$ 58.2242$ 61.1354$ Police Officer Recruit 49.0063$ 51.4566$
Police/Fire Dispatcher 45.6201$ 47.9011$ 50.2962$ 52.8110$ 55.4516$ Hourly / Part-Time / Seasonal
Building Services Coordinator Assistant 18.94$ 19.60$ 20.29$ 21.00$ 21.74$ Recreation Leader III 18.94$ 19.60$ 20.29$ 21.00$ 21.74$ Recreation Leader II 17.68$ 18.30$ 18.93$ 19.60$ 20.29$ Building Serv. Assistant 16.50$ 17.08$ 17.68$ 18.29$ 18.93$ Clerical Assistant 16.50$ 17.08$ 17.68$ 18.29$ 18.93$ Recreation Leader I 16.50$ 17.08$ 17.68$ 18.29$ 18.93$ Department Intern 16.50$ 30.00$
Videographer 20.00$ 30.00$
Hourly

6.7 Attachment 7 - City/District Pay Plan FY 2022-2023 Effective June 1, 2023

113

7 5
4 DATE: October 7, 2024

TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, District Manager
Marlene Subhashini, Assistant District Manager

FROM: Andrew Brozyna, Public Works Director
Laura Galli, Engineering Manager
Ryan Marquez, Senior Civil Engineer
Claire McWilliams, Assistant Engineer
DEPARTMENT: Public Works
SUBJECT: AWARD OF CONSTRUCTION CONTRACT TO PERFORMANCE
MECHANICAL, INC. FOR THE CONSTRUCTION OF LIFT
STATION 59 EFFLUENT LINE IMPROVEMENT PROJECT (CIP
455-695); THE EXECUTION OF A TASK ORDER WITH CONSOR
PMCM, INC. FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES; THE EXECUTION OF CONTRACT
AMENDMENT NO. 3 WITH BKF, INC. FOR CONSTRUCTION

DESIGN SUPPORT SERVICES

RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (EMID) adopt the attached resolution authorizing:

1. The President to execute an agreement with Performance Mechanical, Inc. in the amount of $1,289,130 for the construction of Lift Station 59 Effluent Line Improvement Project (CIP 455-695);

2. The establishment of a construction contingency in the amount of $130,000 with authorization given to the District Manager or their designee to execute contract change orders up to the contingency amount;

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4 3. The President to execute a task order with Consor PMCM, Inc. in the amount of $149,305 for Construction Management & Inspection services for Lift Station 59 Effluent Line Improvement Project (CIP 455-695);

4. The establishment of a contingency in the amount of $30,000 for the professional services agreement with Consor PMCM, Inc. with authorization given to the District Manager or their designee to execute contract amendments up to the contingency amount;

5. The President to execute Contract Amendment No. 3 with BKF, Inc. in the amount of $10,833 for Construction Design Support services; and

6. The establishment of a contract contingency in the amount of $16,000 for the professional services agreement with BKF, Inc., with authorization given to the District Manager or their designee to execute contract amendments up to the contingency amount.

EXECUTIVE SUMMARY
CIP 455-695 includes improvements intended to provide Pump Station 59, the District’s final and largest capacity lift station, with enhanced operational flexibility, flow measurement accuracy and reliability, and redundancy during repairs. At its July 15, 2024 Board meeting, the Board adopted EMID Resolution No. 3767 authorizing the Call for Bids based on revised plans and specifications. Four (4) bids were received and opened on Tuesday, September 10, 2024, at 2:00 PM. After reviewing the bids, the bid submitted by Performance Mechanical, Inc. in the amount of $1,289,130 was determined to be the lowest responsible and responsive bid.

Consor PMCM, Inc. (Consor) will provide construction management and inspection services throughout the duration of construction. Consor is an on-call consultant and has experience with lift station and force main projects.

BKF, Inc. (BKF) are the engineers of record for the project. Amendment No. 3 to the contract with BKF will provide for an extended construction support service period due to long lead times for materials as well as added geotechnical support services. An amendment is needed to ensure there is sufficient budget to support the project through construction.

The project has an unencumbered budget balance of approximately $1.6 million, sufficient to fully fund construction and contingency.

BACKGROUND
CIP 455-695 includes improvements intended to provide Pump Station 59, the District’s final and largest capacity lift station, with enhanced operational flexibility, flow

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7 5
4 measurement accuracy and reliability, and redundancy during repairs. The specific improvements include the following:

1. Replace the existing ultrasonic effluent flow meter that measures the volume of sewage that flows to the Wastewater Treatment Plant.

2. Design, purchase, and assemble a temporary bypass for the Pump Station that can be installed by staff (and stored at the yard), to allow repairs on the system without shutting down the EMID’s sewage system and interrupting sewage flow to the Wastewater Treatment Plant.

3. Install a knife gate valve on the exterior manifold of the station’s two wet wells, to allow for isolation of half of the station for continued system operation during repairs and maintenance.

At its February 1, 2021 Board meeting, the Board adopted EMID Resolution No. 3557 authorizing a consultant agreement with BKF Engineers for professional engineering services for the subject project. At its April 3, 2023 meeting, the EMID Board adopted EMID Resolution No. 3715 authorizing the Call for Bids for the project. However, the District received one sole bid, almost one million dollars over the engineer’s estimate. At its June 20, 2023 meeting, the EMID Board subsequently adopted EMID Resolution No. 3735 rejecting the sole bid and approved additional design work in order to rebid the project.

At its July 15, 2024 Board meeting, the Board adopted EMID Resolution No. 3767 authorizing the Call for Bids based on revised plans and specifications.

On August 5, 2024, the City Council/EMID Board adopted EMID Resolution No. 3768 and City Resolution No. 2024-75 awarding a master agreement for professional on-call construction management services to Consor. Services as part of this agreement include construction management, inspection, materials testing and coordination and review of submittals, etc.

On February 1, 2021, the EMID Board of Directors adopted EMID Resolution No. 3557 awarding a contract with BKF engineers in the amount of $116,654 to provide professional engineering services for CIP 455-695, and the establishment of a project contingency of $17,000 with authority given to the District Manager to execute contract amendments up to the contingency amount. On February 13, 2023, the District Manager executed Contract Amendment No. 1 in the amount of $12,976 to address costs associated with rate escalation and other factors. On June 20, 2023, the EMID Board of Directors adopted EMID Resolution No. 3735 approving an increase in contingency funding of $25,000 for supplemental design work including geotechnical analyses, value engineering to decrease project costs, and revisions to the plans and specifications for rebidding the project. On June 22, 2023, the District Manager executed Contract Amendment No. 2 in the amount of $28,496 to refine the project details for rebidding. The total revised contract with BKF is $158,126.

ANALYSIS

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4 Bids for this project were opened on Tuesday, September 10, at 2:00 PM, with the following results:

Name of Company Total Bid $ Over/(Under)
Engineer’s
Estimate
% Over/(Under)
Engineer’s
Estimate
Performance Mechanical $1,289,130 -$134,515 -0.94%
Engineer’s Estimate $1,303,995 -- --
GSW Construction $1,616,540 $461,925 27%
Anvil Builders $1,764,400 $609,785 40%
Mountain Cascade $2,295,500 $1,140,885 86%
The lowest responsible and responsive bid, in the amount of $1,289,130 was submitted by Performance Mechanical, Inc. As shown in the table above, Performance Mechanical is below the engineer’s estimate. Staff is requesting a 10% contingency in the amount of $130,000 for unexpected circumstances that may arise during construction.

Staff contacted the references listed by Performance Mechanical, Inc. and received positive comments regarding their performance. Performance Mechanical, Inc. has provided all the required documents and licenses.

Due to long lead times of approximately nine months for various specialty items including the ball valve, knife valve, and flow meter, construction is anticipated to start in summer 2025 and will be coordinated with other Capital Improvement Projects expected to take place in the Corporation Yard during that time.

Project management will be performed by District staff with construction management services provided by Consor via Task Order CON2024-01 (Attachment 3). Consor is very familiar with this type of construction and has been successfully working with the District on the Water Tanks and Facilities Improvement Project (CIP 405-660). The attached scope of work assumes the selected construction management team would share an inspector with a second project that is also planned for construction at the Corporation Yard next summer.

The shared inspector will divide their time between this project and CIP 700 Fuel System Improvement Project during the overlapping months of construction. The attached scope of work in the amount of $149,305 (Attachment 3), is reflective of the negotiated agreed upon price for these services. Staff is requesting a 20% contingency in the amount of $30,000, in case these projects do not align as planned or other unexpected circumstances arise.

BKF is the engineer of record and is contracted to provide support services during construction. The original agreement with BKF, that was scoped back in 2021, does not have sufficient budget to support these services. Contract Amendment No. 3 in the amount of $10,833 will add geo-technical support services not previously included and

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4 reflects current estimated level of effort needed for design support of the project construction. Additionally, staff is requesting $16,000 in contingency for this contract in case any unexpected issues arise during construction.

CEQA
Categorically Exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities.

FISCAL IMPACT
Funding of $1.8M is budgeted for the project. An agreement with BKF for design services in the amount of $158,126 has been executed, leaving approximately $1.64M for the remainder of the project.

The lowest responsible bid is $1,289,130. A contingency of approximately 10%, in the amount of $130,000 is requested.

Below is the project funding history:

Project Budget Item Funding
FY 20/21 CIP 455-695 Authorized Funding $ 150,000 FY 21/22 CIP 455-695 Authorized Funding $ 1,650,000 Total $ 1,800,000
Below is the proposed projected use of funds:

Item Amount
Professional Design Services Agreement $ 168,959 Professional Design Services Contingency $ 16,000 Construction Management & Inspection
Agreement $ 149,305
Construction Management & Inspection
Contingency $ 30,000
Construction Bid $ 1,289,130
Construction Contingency (10%) $ 130,000 Misc (printing, advertising, CEQA filing, etc.) $ 15,000 Total Anticipated Expenditures $ 1,798,395 Budget Remaining $ 1,605

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4 CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 –Resolution
Attachment 2 – Construction Agreement
Attachment 3 – Task Order CON-2024-01 with Consor, Inc.

Attachment 4 – Contract Amendment No. 3 to Agreement with BKF, Inc.

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5 3
RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING THE AWARD OF CONSTRUCTION CONTRACT WITH PERFORMANCE MECHANICAL, INC. IN THE AMOUNT OF $1,289,130 FOR THE CONSTRUCTION OF LIFT STATION 59 EFFLUENT LINE IMPROVEMENTS PROJECT (CIP 455-695) AND ESTABLISHMENT OF A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $130,000; THE EXECUTION OF TASK ORDER CON-2024-01 WITH CONSOR PMCM, INC. IN THE AMOUNT OF $149,305 FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES AND ESTABLISHMENT OF A CONTINGENCY IN THE AMOUNT OF $30,000; THE EXECUTION OF AMENDMENT NO. 3 WITH BKF, INC. IN THE AMOUNT OF $10,833

FOR CONSTRUCTION DESIGN SUPPORT SERVICES AND INCREASING CONTINGENCY IN THE AMOUNT OF $16,000; AND FINDING THE APPROVAL

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES §15061(B)(3) AND 15301(C)—EXISTING

FACILITIES

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, Pump Station 59 is a critical EMID facility in need of enhanced operational flexibility, flow measurement accuracy and reliability and redundancy during repairs; and
WHEREAS, at the April 3, 2023 Board Meeting, the Board of Directors adopted EMID Resolution No. 3715 approving the plans and specifications and authorizing the Call for Bids for the Lift Station 59 Effluent Line Improvements Project (Project) (CIP 455- 695); and
WHEREAS, one bid was received and opened on May 11, 2023, in the amount of $2,244,120 well over the engineer’s estimate; and
WHEREAS, on June 20, 2023, the Board of Directors adopted EMID Resolution No. 3735 rejecting the sole bid received, and authorizing staff to perform additional design work and geotechnical analyses, to potentially reduce the project scope and decrease costs; and
WHEREAS, the current design eliminated the installation of a permanent bypass in favor of a temporary bypass, and includes some additional revisions to improve biddability of the project; and
WHEREAS, at its July 15, 2024 meeting, the Board of Directors adopted EMID Resolution No. 3767 approving the revised plans and specifications; and authorizing the Call for Bids for the Lift Station 59 Effluent Line Improvements Project (Project) (CIP 455- 695); and

6.8 Attachment 1 - Resolution

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5 3
WHEREAS, out of Four (4) bids received and opened on September 10, 2024, Performance Mechanical, Inc. submitted the lowest responsible and responsive bid in the amount of $1,289,130; and

WHEREAS, a project contingency in the amount of $130,000 will enable expedient resolution of changes to the plans resulting from any unforeseen conditions; and WHEREAS, the authorization of Contract Amendment No. three (3) in the amount of $10,833, to the professional services agreement with BKF, Inc. for CIP 405-660, will provide for the increased construction support services effort that will be required to support the delivery of the project; and
WHEREAS, the establishment of a contract contingency in the amount of $16,000 for the professional services agreement with BKF Inc. will provide for any necessary amendments to the agreement for construction support or post-construction activities; and
WHEREAS, on August 5, 2024, EMID approved a Master Professional Construction Management & Inspections Services Agreement with Consor PMCM, Inc. (Consor) under which the District can access on-call professional services by Task Order; and
WHEREAS, Consor will support the City during construction to provide construction management and inspection services throughout construction and closeout in the amount of $149,305; and
WHEREAS, a contract contingency amount of $30,000 to the professional services agreement with Consor Inc. will provide for any unforeseen issues during construction or closeout support; and
WHEREAS, this Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities; and
WHEREAS, sufficient funding in the amount of $1,800,000 exists in the project budget.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize:

1. The President to execute an agreement with Performance Mechanical, Inc. in the amount of $1,289,130 for the construction of the Lift Station 59 Effluent Line Improvements Project (CIP 455-695);

2. The establishment of a contingency in the amount of $130,000 with authorization given to the District Manager or their designee to execute contract change orders up to the contingency amount;

6.8 Attachment 1 - Resolution

121

2 6
5 3

3. The President to execute Task Order CON-2024-01 with Consor PMCM, Inc. in the amount of $149,305 for Construction Management & Inspection services for Lift Station 59 Effluent Line Improvement Project (CIP 455-695);

4. The establishment of a contract contingency in the amount of $30,000 for the professional services agreement with Consor PMCM, Inc., with authorization given to the District Manager or their designee to execute contract amendments up to the contingency amount;

5. The President to execute Contract Amendment No. 3 with BKF, Inc. in the amount of $10,833 for Construction Design Support services; and

6. The establishment of a contract contingency in the amount of $16,000 for the professional services agreement with BKF, Inc, with authorization given to the District Manager or their designee to execute contract amendments up to the contingency amount.

BE IT FURTHER RESOLVED minor, non-substantive revisions may be approved by the District Manager and the District Counsel, and any other documents may be executed as necessary to effectuate the terms of the Agreement as authorized above.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 7th day of October 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.8 Attachment 1 - Resolution

122

DOCUMENT 00 5200

AGREEMENT
THIS AGREEMENT, dated this 7 th day of October, 2024, by and between Performance Mechanical, Inc. whose place of business is located at 701 Willow Pass Road, Suite 2, Pittsburg, CA 94565 (Contractor), and ESTERO MUNICIPAL IMPROVEMENT DISTRICT, a California municipal corporation (Owner), acting under and by virtue of the authority vested in Owner by the laws of the State of California.

WHEREAS, Owner, by its Resolution No. [Insert Number] adopted on the 7th day of October, 2024 awarded to Contractor the following Contract:

CONTRACT NUMBER (CIP 455-695)
LIFT STATION 59 EFFLUENT LINE IMPROVEMENTS PROJECT
at

CORPORATION YARD
FOSTER CITY, CA 94404
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and Owner agree as follows:

ARTICLE 1 SCOPE OF WORK OF THE CONTRACT

1.01 Work of the Contract
A. Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents (Work).

1.02 Price for Completion of the Work
A. Owner shall pay Contractor the following Contract Sum (Contract Sum) for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto.

B. The Contract Sum includes all allowances (if any) in the amount of one million two hundred eighty nine thousand one hundred and thirty one dollars ($1,289,131).

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123

COMMENCEMENT AND COMPLETION OF WORK

1.03 Commencement of Procurement and Construction Work
A. Contractor shall commence procurement of long lead items and all other necessary work in preparation for construction work on the date established in the Notice to Proceed for Procurement (Commencement Date).

B. Contractor shall commence Construction Work on the date established in the Notice to Proceed for Construction Work, expected July-August 2025.

C. Owner reserves the right to modify or alter the Notices to Proceed.

1.04 Procurement Period
A. The procurement period shall be used only for the procurement of bid items and all other necessary work in preparation for construction activities.

B. Procurement Period is to run from execution of Agreement until date established in the Notice to Proceed to Construction Work, expected July- August 2025.

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124

1.05 Completion of Construction Work
A. Contractor shall achieve Substantial Completion of the entire Work within 50 Calendar Days from the end of the Procurement Period.

B. Contractor shall achieve Final Completion of the entire Work 10 Calendar Days from the date of Substantial Completion.

ARTICLE 2 PROJECT REPRESENTATIVES

2.01 Owner’s Project Manager
A. Owner has designated Claire McWilliams as its Project Manager to act as Owner’s Representative in all matters relating to the Contract Documents. If Project Manager is an employee of Owner, Project Manager is the beneficiary of all Contractor obligations to Owner including, without limitation, all releases and indemnities.

B. Project Manager shall have final authority over all matters pertaining to the Contract Documents and shall have sole authority to modify the Contract Documents on behalf of Owner, to accept work, and to make decisions or actions binding on Owner, and shall have sole signature authority on behalf of Owner.

C. Owner may assign all or part of the Project Manager’s rights, responsibilities and duties to a Construction Manager, or other Owner Representative.

2.02 Contractor’s Project Manager and Other Key Personnel A. Contractor has designated Glenn Dean as its Project Manager to act as Contractor’s Representative in all matters relating to the Contract Documents.

2.03 Architect/Engineer
A.N/A
ARTICLE 3 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK

3.01 Liquidated Damage Amounts
A. As liquidated damages for delay Contractor shall pay Owner five hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B. As liquidated damages for delay Contractor shall pay Owner five hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

3.02 Scope of Liquidated Damages
A. Measures of liquidated damages shall apply cumulatively.

B. Limitations and stipulations regarding liquidated damages are set forth in Document 00 7200 (General Conditions).

ARTICLE 4 LIQUIDATED DAMAGES FOR UNAUTHORIZED CHANGES OF KEY PERSONNEL

4.01 Liquidated Damage Amounts
A. See Document 00 7200 (General Conditions) Paragraph 11.07.D for liquidated damages provisions pertaining to Key Personnel.

ARTICLE 5 CONTRACT DOCUMENTS

5.01Contract Documents consist of the following documents, including all changes, Addenda, and Modifications thereto:

Document 00 5100 Notice of Award

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125

Document 00 5200 Agreement
Document 00 5500 Notices to Proceed to Procurement and Construction Work
Document 00 6113.13 Construction Performance Bond
Document 00 6113.16 Construction Labor and Material Payment Bond Document 00 6290 Escrow Agreement for Security Deposits Document 00 6325 Substitution Request Form
Document 00 6530 Release of Claims
Document 00 6536 Guaranty
Document 00 7200 General Conditions
Document 00 7301 Supplementary Conditions
Document 00 7316 Supplementary Conditions – Insurance and Indemnification
Document 00 7380 Apprenticeship Program
Document 00 9113 Addenda
Drawings, Table, Schedules, and technical Specifications listed in Document 00 0115 City Standard Specifications and Standard Details
Caltrans Standard Specifications 2018 and any Revisions

5.02There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified or supplemented as provided in Document 00 7200 (General Conditions).

ARTICLE 6 MISCELLANEOUS

6.01Terms and abbreviations used in this Agreement are defined in Document 00 7200 (General Conditions) and Section 01 4200 (References and Definitions) and will have the meaning indicated therein.

6.02It is understood and agreed that in no instance are the persons signing this Agreement for or on behalf of Owner or acting as an employee, agent, or representative of Owner, liable on this Agreement or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of Owner is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law.

6.03Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

6.04In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. §15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time Owner tenders final payment to Contractor, without further acknowledgment by the parties.

6.05Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department, may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm] and are deemed included in the Contract Documents, and shall be made available to any interested party on request. Pursuant to Labor Code Sections 1860 and 1861, in accordance with Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer

6.8 Attachment 2 - Construction Agreement

126

to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents.

6.06This Agreement and the Contract Documents shall be deemed to have been entered into in the County in which the Project is located, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the Superior Court for the in which the Project is located.

IN WITNESS WHEREOF the parties have executed this Agreement in duplicate the day and year first above written.

CONTRACTOR: PERFORMANCE MECHANICAL, INC.

By: ______________________________ By: _______________________________ (Signature) (Signature)
Its: ___Andy Hosler or Kevin Parker___ Its: _____Dimitri Hrovat________________ Title: President/CEO Vice President Chief Financial Officer OWNER: ESTERO MUNICIPAL IMPROVEMENT DISTRICT
By:
(Signature)
Patrick Sullivan
(Print Name)
President
(Title)
Attest:

District Secretary
Priscilla Schaus

APPROVED AS TO FORM AND LEGALITY
THIS __ DAY OF _____, 2024
By:

Attorney for Owner
(Print Name)
RESOLUTION NO.

6.8 Attachment 2 - Construction Agreement

127

END OF DOCUMENT

6.8 Attachment 2 - Construction Agreement

128

TASK ORDER NO. CON-2024-01

TO MASTER SERVICES AGREEMENT
This Task Order No. CON-2024-01 ("Task Order") is made and entered into by and between the Estero Municipal Improvement District (“District”) and Consor PMCM, Inc., ("Consultant").

RECITAL
A. District and Consultant entered into an agreement entitled MASTER PROFESSIONAL

SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ("Agreement"), by which the Consultant agreed to perform Construction Management and Inspection services in accordance with Task Orders issued by the District.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

2. SCOPE OF TASK ORDER. Consultant shall perform the services described in Exhibit "A," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3. PAYMENT. For services performed by Consultant in accordance with this Task Order, District will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $149,305 (including all hourly billings as well as reimbursable costs) at the rates and schedules specified in Exhibit A or within the Agreement, attached hereto and incorporated herein by reference.

4. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Consultant and the District.

IN WITNESS WHEREOF, the District and Consultant do hereby agree to the full performance of the terms set forth herein.

Estero Municipal Improvement District Consultant
_____________________________ _________________________ By: Patrick Sullivan By: Ismael Pugeda
Title: President Title: Project Manager
Date: _________________________ Date: _____________________

6.8 Attachment 3 - Task Order CON-2024-01 with Consor, Inc.

129

EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS, AND SCHEDULE,

PROFESSIONAL ON-CALL CIVIL ENGINEERING SERVICES
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated August 5, 2024, by and between Consor PMCM, Inc., hereinafter referred to as "CONSULTANT" and the Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

DESCRIPTION OF PROJECT
See attached proposal.

6.8 Attachment 3 - Task Order CON-2024-01 with Consor, Inc.

130

6.8 Attachment 3 - Task Order CON-2024-01 with Consor, Inc.

131

6.8 Attachment 3 - Task Order CON-2024-01 with Consor, Inc.

132

6.8 Attachment 3 - Task Order CON-2024-01 with Consor, Inc.

133

6.8 Attachment 3 - Task Order CON-2024-01 with Consor, Inc.

134

4861-9036-6830 v1

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
CONTRACT AMENDMENT NO. THREE (3)
DATE: October 7, 2024 ACCOUNT NO.: 455-0910-695-4251 PROJECT: LIFT STATION 59 EFFLUENT LINE IMPROVEMENTS PROJECT (CIP 455-695)
TO: BKF Engineers
CHANGE REQUESTED BY: BKF Engineers and the Estero Municipal Improvement District (EMID)
Based on mutual agreement, the following work is hereby included in the Agreement dated February 1, 2021 (“Agreement” or “Contract”) and pursuant to Section 18 of the Agreement to add additional work for specified amounts, which are identified as follows:

ORIGINAL CONTRACT AMOUNT $ 116,654
AMOUNT OF CONTRACT AMENDMENT NO. ONE (1) $ $12,976
AMOUNT OF CONTRACT AMENDMENT NO. TWO (2) $ 28,496
AMOUNT OF CONTRACT AMENDMENT NO. THREE (3) $ 10,833
TOTAL REVISED CONTRACT AMOUNT $168,959.00
Additional work and budget adjustments included in this Contract Amendment No. 3:

Task 2 – Prepare Plans, Specifications, and Estimates

1. Rate Increase – Project was put on hold by EMID and then subsequently redesigned and re-bid. BKF’s hourly rate has gone up approximately 21% since the agreement was signed in 2021.

2. Geotechnical Services – As part of CA #2, geotechnical services were added to the scope of design. Services are expected to continue into construction.

3. Additional Submittal, RFI & PCO Support - Additional hours for support of expected submittals, Requests for Information $
$
$

6,091.26
1,800.00
2,941.74

6.8 Attachment 4 - Contract Amendment No. 3 to Agreement with BKF, Inc.

135

4861-9036-6830 v1
(RFIs), and Potential Change Orders (PCOs).

Subtotal $ 10,833
REVISED NOT TO EXCEED CONTRACT AMOUNT $ 168,959
Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.

6.8 Attachment 4 - Contract Amendment No. 3 to Agreement with BKF, Inc.

136

4861-9036-6830 v1
BKF Engineers have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefore the prices shown above.

SUBMITTED BY:

RYAN MARQUEZ DATE

PROJECT MANAGER
ACCEPTED BY:

SRAVAN PALADUGU DATE

ASSOCIATE PRINCIPAL

BKF ENGINEERS
APPROVAL RECOMMENDED:

ANDREW BROZYNA DATE

PUBLIC WORKS DIRECTOR
APPROVED FOR DISTRICT:

STEFAN CHATWIN DATE

DISTRICT MANAGER
ATTEST:

BY:

PRISCILLA SCHAUS DATE

DISTRICT SECRETARY

APPROVED AS TO FORM
BY:

BENJAMIN L STOCK DATE

DISTRICT LEGAL COUNSEL

6.8 Attachment 4 - Contract Amendment No. 3 to Agreement with BKF, Inc.

137

DATE:October 7, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Priscilla Schaus, Communications Director/City Clerk Benjamin L. Stock, City Attorney
DEPARTMENT: Communications/ City Clerk
SUBJECT: TO START AT A TIME CERTAIN OF 7:00 P.M. -

FIRST PUBLIC HEARING TO RECEIVE INPUT ON

COMPOSITION OF DISTRICTS AND NUMBER OF DISTRICTS

FOR DISTRICT BASED COUNCIL ELECTIONS

RECOMMENDATION
It is recommended that the City Council conduct the first public hearing to receive community input and provide input to staff regarding the composition of voting districts and number of districts.

EXECUTIVE SUMMARY
On August 19, 2024, the City Council discussed a letter received from a potential plaintiffs’ attorney, Shenkman & Hughes PC, on July 22, 2024, alleging a violation of the California Voting Rights Act (the “CVRA”)1 and threatening litigation if the City declines to voluntarily change to a district-based election system for electing Councilmembers.

While the Council strongly disagreed with the allegations in the letter, a majority of the Council gave direction to staff to proceed with agendizing the resolution of intent in order to take advantage of the safe harbor provisions of Elections Code Section 10010 and avoid costly litigation.

At the September 3, 2024 Council meeting, the Council adopted City Resolution No. 2024-91 to transition to district based elections, to allow the City to take advantage of the safe harbor provisions of Elections Code Section 10010. 1 Cal. Elec. Code §§ 14025-14032.

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This meeting will be the first of two public hearings that are required to be held over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts. Pursuant to Elections Code Section 21130, the public hearing must be scheduled to start at a time certain if it is consolidated with a regular or special meeting of the governing body that includes other substantive agenda items, to begin at a fixed time regardless of its order on the agenda.

BACKGROUND
The City of Foster City currently elects its Councilmembers at-large, which means that each Councilmember is elected by the registered voters of the entire City.

The CVRA was enacted in 2001, in part, to provide minority groups in California with tools to prevent dilution of votes in “at-large” election systems and is more expansive than the Federal Voting Rights Act of 1965 (“FVRA”). An at-large method of election may not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgement of the rights of voters who are members of a protected class.2 A violation of the CVRA is established if it is shown that racially polarized voting occurs in elections for members of the governing body or in elections incorporating other electoral choices by the voters of the political subdivision.3 Any voter who is a member of a protected class and who resides in a political subdivision where a violation of the CVRA is alleged may file an action in the superior court in which the political subdivision is located.4
Pursuant to Elections Code Section 10010, a city may rely on the “safe harbor” provisions that allows a city to adopt a resolution outlining its intention to transition from at-large to district-based elections within forty-five (45) days of receiving a demand letter from a potential plaintiffs’ attorney.5 These “safe harbor” provisions allow a city to transition in accordance with a statutory timeline and, if followed, insulate a city from litigation arising from alleged CVRA violations and caps attorneys’ fee liability to a maximum of $30,000.6 Under those “safe harbor” provisions, a prospective plaintiff is required to send a written notice to the clerk of a city asserting that the city’s method of conducting elections may violate the CVRA.7 A forty-five (45) day stay is then imposed on a prospective plaintiff’s ability to bring an action.8 That forty-five (45) day stay allows a city to adopt a resolution outlining its intention to transition from at-large to district-based elections.9 If a resolution of intention is adopted by a city council to move to district-based elections, a prospective plaintiff may not commence an action within ninety (90) days of the resolution of 2 Cal. Elec. Code §§ 14026 and 14027.
3 Cal. Elec. Code §14028(a); see also § 14027.
4 Cal. Elec. Code §14032.
5 Cal. Elec. Code § 10010(e)(2).
6 Cal. Elec. Code § 10010(f)(1)-(3).
7 Cal. Elec. Code § 10010(e)(1).
8 Cal. Elec. Code § 10010(e)(2).
9 Cal. Elec. Code § 10010(e)(1)-(3).

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intention’s passage.10
Transition to District Based Elections
Since the Council adopted City Resolution No. 2024-91 to transition to district-based elections on September 3, 2024, a prospective plaintiff may not commence an action within ninety (90) days of the resolution of intention’s passage.

As a part of the transition process, the City needs to hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts.11 No official maps can be drawn before completion of these two public meetings. Once the initial two meetings are complete, the demographer and public can begin to officially draw maps that will be considered in the districting process. The City would then hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft maps and the proposed sequence of elections.12 Once a map is selected, it would need to be published at least seven days before consideration at a hearing for introduction of an ordinance to adopt the district map.13 The City will also need to comply with the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (Fair Maps) Act in adopting the districts,14 which provides criteria that the City must utilize when establishing election district boundaries or when undertaking the redistricting process (which must occur every ten years after each population census). This criteria are summarized below. (a) The election districts must be substantially equal in population based on the most recent census.
(b) The districting body shall adopt election district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.) and consistent with the federal Voting Rights Act, the districting body shall determine whether it is possible to create an election district or districts in which a minority group is sufficiently large and geographically compact to constitute a majority in a single-member district, as set forth in Thornburg v. Gingles, 478 U.S. 30 (1986).
c) The districting body shall adopt election district boundaries using the following criteria as set forth in the following order of priority:
(1) To the maximum extent practicable, election districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. 10 Cal. Elec. Code § 10010(e)(1)-(3).
11 Cal. Elec. Code § 10010(a)(1).
12 Cal. Elec. Code § 10010(a)(2).
13 Ibid.
14 Cal. Elec. Code § 21100 et seq.

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(2) To the maximum extent practicable, and where it does not conflict with the preceding criterion, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division.
(3) To the maximum extent practicable, and where it does not conflict with the preceding criteria, election districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the local jurisdiction. Election district boundaries should be easily identifiable and understandable by residents.
(4) To the maximum extent practicable, and where it does not conflict with the preceding criteria, election districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
(d) The districting body shall not adopt election district boundaries for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.15
Within 21 days of adopting final election district boundaries, the City Council will be required to issue a report that explains the basis on which it made its decisions in achieving compliance with the requirements and criteria of the Fair Maps Act, including, as to each neighborhood, community of interest, city, or census designated place that was split into two or more districts, the reason for that split.16 Staff has prepared a tentative timeline, which identifies the preliminary schedule for the required public hearings and public outreach, which complies with Elections Code Section 10010 (Attachment 1). This timeline may change depending on the level of community involvement and the complexity of the map drawing process. If the timeline needs to adjust beyond the 90 days, then the City may enter into a written agreement to extend the 90-day period up to an additional 90 days in order to provide additional time to conduct public outreach, encourage public participation, and receive public input.17

ANALYSIS
At the first public hearing on October 7, 2024, the community is encouraged to participate during the public hearing by providing input on the composition of the districts by sharing specific thoughts on communities of interest that the public identifies with in Foster City.

The Fair Maps Act defines a “community of interest” as a population that shares common social or economic interests that should be included within a single election district for purposes of its effective and fair representation. Characteristics of communities of interest may include, but are not limited to, shared public policy concerns such as education, public safety, public health, environment, housing, transportation, and access to social services. Characteristics of communities of interest may also include, but are not limited 15 Cal. Elec. Code § 21130 (a)-(d).
16 Cal. Elec. Code § 21130(f).
17 Cal. Elec. Code § 10010(e)(3)(C)(i).

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141

to, cultural districts, shared socioeconomic characteristics, similar voter registration rates and participation rates, and shared histories. Communities of interest do not include relationships with political parties, incumbents, or political candidates.

Some examples of communities of interest in Foster City may include the existing neighborhoods identified by the City, school districts, parks, etc.

The Asian Americans Advancing Justice website provides a helpful testimonial for communities of interest which may help members of the public identify their communities of interest (Attachment 2). Members of the public can return the testimonials to the City Clerk or if desired, provide testimony during the public hearing.

Outreach Efforts
City staff has taken initial steps to begin outreach to advise its residents of this meeting including posting on social media channels such as the City’s Facebook, Twitter, and Nextdoor pages. Social media posts sharing information regarding the City Council’s consideration of adopting a resolution of intent to transition from at-large to district-based elections began days after the August 19 meeting, and continued over the following weeks in advance of the September 3 meeting. Additional outreach regarding the matter was conducted via the City newsletter on August 22, and a listserv notification was sent notifying community members the matter would be on the September 3 City Council agenda. Printed outreach material notifying residents of the meeting was placed in City Hall as well at kiosks posted along the Levee. It was also posted on the marquee and posting boards at the Council Chambers, Recreation Center, and Library.

To grant ample opportunities for residents and community members to have their voice heard, City staff will be attending a variety of community events for outreach and along with the consultants, will be hosting workshops over the coming weeks and months, and also mailing printed materials to residents informing them of the forthcoming shift and opportunities to participate in the process. The City has also created a website dedicated to this district transition process which can be found here:
https://www.fostercity.org/districtelections.

Information will be available to provide the public with background information about the districting process, upcoming hearing dates, and supporting documents. This webpage will be continuously updated with dates and locations where community members can share their feedback on this issue. The website will also feature a virtual mapping tool which community members can use to draw their own district boundaries and a feature allowing submission of community interest forms.

Demographer
Based on the direction provided by Council on August 19, 2024, the City Manager retained the services of Redistricting Partners, which will attend the five public hearings and provide the City Council with analysis and recommendations of the maps that will be prepared during the transition process.

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CALIFORNIA EQUALITY QUALITY ACT
This item does not constitute a project as defined by the California Environmental Quality Act (Public Resources Code § 21000, et seq.) (CEQA) as the adoption of the resolution does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15378.).

FISCAL IMPACT
There is no direct fiscal impact associated with this action. By transitioning to district-based elections, the costs that potential plaintiff’s attorney will receive is capped at $30,000. The City will also pay the demographer for their services, which totals $49,500.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement.

ATTACHMENTS
Attachment 1 - Tentative Timeline
Attachment 2 - Asian Americans Advancing Justice Communities of Interest Testimonial

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143

2 5
4 9
Tentative Timeline for Consideration and Implementation of District-Based Elections Date Event Code § Comment
July 22,
2024
City received certified
demand letter from
Shenkman & Hughes
EC§10010(e)(1) Before commencing an action to enforce Sections 14027 and 14028, a prospective plaintiff shall send by certified mail a written notice to the clerk of the political subdivision (“City’) against which the action would be brought asserting that the City’s method of conducting elections may violate the California Voting Rights Act of 2001.

EC§ 10010(e)(2) A prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 45 days of the City’s receipt of the written notice described above (CVRA lawsuit cannot be commenced until September 5, 2024.)
9/3/24 Resolution is
considered at City
Council Meeting
EC§ 10010 (3)(A) Within 45 days of receipt of a notice, the City may pass a resolution outlining its intention to transition from at-large to district-based elections, specific steps it will undertake to facilitate this transition, and an estimated time frame for doing so (Resolution to be considered no later than September 5, 2024)
9/3/24 Resolution is adopted
at City Council
Meeting
EC§ 10010(e)(3)(B) If the City begins the process of switching to districts within 45 days and adopts a resolution to that effect a potential plaintiff cannot commence an action within 90 days of the resolution’s passage. (CVRA lawsuit cannot be commenced until December 3, 2024) TBD Conduct public
outreach, encourage
public participation,
and receive public
input
EC§ 10010(a)(1) Before public hearings, the City may conduct outreach to the public, including to non- English-speaking communities, to explain the districting process and to encourage public participation. I.e. farmers market, public library, public schools, places of worship, homeowners associations, and community organizations
10/7/24 1st Public Hearing
(Regular Meeting)
EC§ 10010(a)(1) First and second public hearings must occur within a period of 30 days.

No maps for review, but take public comments on composition of districts and preference for district lines.
10/21/24 2nd Public Hearing
(Regular Meeting)
EC§ 10010(a)(1) No maps for review, but take public comments on composition of districts and preference for district lines.
10/28/24 Publish for review
first drafts of district
election maps and
potential sequence of
elections
EC§ 10010(a)(2) After all draft maps are drawn, at least 7 days before the 3rd public hearing, the City shall publish and make available for release at least one draft map and, if city councilmembers will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections.

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2 5
4 9
11/4/24 3rd Public Hearing
(Regular Meeting)
EC§ 10010(a)(2) The City shall also hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. 11/11/24 Post any new or
amended maps
EC§ 10010(a)(2) Maps available for review at least 7 days before consideration at the 4th public hearing. 11/18/24 4th Public Hearing
(Regular Meeting)
EC§ 10010(a)(2) Take public comments on proposed maps. If selected map is amended, ordinance cannot be introduced until 7 days after amended map is published Council may introduce ordinance if final map is selected at this public hearing 11/25/24 or
12/2/24

DEADLINE
12/2/24
(Special) 5th Public
Hearing
or
Regular Meeting
EC§ 10010(e)(3)(B) Council introduces ordinance establishing district elections, including district boundaries and election sequence if map is changed at 11/18/24 meeting.

Council adopts ordinance

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COMMUNITIES OF INTEREST TESTIMONY
A worksheet for community members
The Basics:
1 IMAGINE DESCRIBING YOUR COMMUNITY TO A FRIEND
WHO WANTS TO MOVE THERE.

Sharing your “community of interest” testimony at a redistricting hearing is a powerful way of shaping your community’s district maps for the next decade to come. With just a little preparation, it can be easy to do.

Your community can be as small as your block, your neighborhood association, or the network of parents who all send their kids to the same school or participate in the same Little League. Or it can be expansive, including everyone in your city or county that speaks the same language as you, everyone who rents their homes and struggles to pay the bills, or everyone in a particular part of town that suffers from under-investment and poor services.

A community of interest is your community. It can be a neighborhood, network, or group of people who have common interests in the community and would benefit from being grouped into a single district. Think about a simple way to describe what you and your neighbors share in common, and what makes your community unique when compared to surrounding communities. Remember -- you are the expert on your community!
WHAT IS A COMMUNITY OF INTEREST?
WHY IS A COMMUNITY OF INTEREST IMPORTANT?
Keeping communities of interest together is an important principle in redistricting. It can be especially helpful to communities that have been traditionally left out of the political process. Community members can define their communities by telling their own stories and describing their concerns to line-drawers who are leading the redistricting process.

Keeping communities of interest whole in the redistricting process is may be a redistricting criterion in your state or recognized by courts as a relevant consideration. This worksheet will guide you through the basic elements to help you describe your community to your redistricting body, which could be your city council, board of supervisors, or school district, state legislature or redistricting commission.

Tip: Check out who is in charge of redistricting. Find out if there are time limits on speaking. Plan ahead.

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Who lives in your community?
What kinds of things do they do for a living?
What kind of housing is common?
What kind of government services do people need?
Are there social or civic groups that people belong to? Are there important places where people come together, like community centers, schools, churches, temples, neighborhood associations, or parks? Do you have common interests in local political issues, lik e school funding, access to hospitals, health or environmental problems, or other issues?
Do you have a common race or ethnicity? Immigration history? Language spoken? Does your community have shared socioeconomic characteristics, like income level or education level?
Does your neighborhood have celebrations or traditions, like street festivals or parades? What nonprofits or service-providers serve the community? Are there large employers? Are there lots of small businesses? What is the history of how your community came together? How has your community changed over time?
2 SCRIPT
Hi, my name is . I have [lived/worked] in the [community/city] of for years. I’d like you to keep my community, [name of community], together.
[DESCRIBE YOUR COMMUNITY...]
Name your community. Describe your community by stating your shared interests and shared characteristics. This can include describing the people who live in your community, stories about your community’s history and culture, or the special needs of your community. There is no right or wrong way to describe your community. Just make sure to talk about what connects the people in your community. Think about these questions as you craft how to describe your community of interest:

TEMPLATE SCRIPT

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MY COMMUNITY IS LOCATED:

The people in charge of drawing the official district maps need to know where your community is physically located so they can keep it whole and within a single district. Here are questions that will help you describe the location of your community:

What are the streets or boundaries that mark your community’s borders?
What are the significant landmarks: rivers, parks, shopping areas, historic sites, etc.?
What are the gathering places and service providers: schools, community centers, religious places, and social service agencies?
Do the current political district boundaries divide your community? Or do they keep your community together?
MY COMMUNITY IS SIMILAR TO THESE NEIGHBORHOODS:

MY COMMUNITY IS DIFFERENT FROM THESE NEIGHBORHOODS:
3 TEMPLATE SCRIPT

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4 TEMPLATE SCRIPT
Has your community come together to advocate for important services, like more translated information, or health centers in your neighborhood?
Have you won victories together, or established traditions together? What harms have been caused because your voice has been ignored, like poor health caused by pollution from a nearby plant or freeway? What are the barriers to solving these issues? WHAT MAKES MY COMMUNITY SPECIAL:

Highlight community issues and histories (tell a personal story, if possible) that help demonstrate the importance of having elected officials who understand and respond to community needs. Share stories and data about community concerns to show how your community needs to be heard by your elected representative.

IN CONCLUSION...

Emphasize why it’s important for your community to be kept together in the new district maps. Thank the members of the redistricting body (city council, school board, commission, etc.), provide them with any written testimony and materials, acknowledge your community members and partners in attendance, and restate your goals.

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DATE: October 7, 2024

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Benjamin L. Stock, City Attorney
DEPARTMENT: City Attorney
SUBJECT: CONSIDERATION OF WHETHER COUNCIL DESIRES TO

ESTABLISH POLICY TO REQUIRE THE MAYOR TO VOTE

ACCORDING TO COUNCIL DIRECTION WHEN VOTING ON

ITEMS FROM THE SAN MATEO COUNTY COUNCIL OF

CITIES/SELECTION COMMITTEE FOR REGIONAL
APPOINTMENTS; AND IF SO, PROVIDE DIRECTION TO STAFF

ON THE FORM OF THAT POLICY

RECOMMENDATION
It is recommended that the Council discuss and consider whether or not to adopt a policy to require the Mayor to vote according to Council when voting on items from the San Mateo County Council of Cities/Selection Committee (“City Selection Committee”) for regional appointments. If the Council is inclined to proceed with such a policy, the Council should, by Minute Order, provide direction to staff on the form of that policy.

EXECUTIVE SUMMARY
The Mayor of the City of Foster City serves on the City Selection Committee, which is comprised of Mayors from other cities in San Mateo County. The purpose of this City Selection Committee is to appoint representatives to boards, commissions, and agencies, as required by law. Currently, the Mayor does not receive direction from the Council to determine which candidates to vote for or against when the City Selection Committee is going to appoint a person to an available position.

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On August 5, 2024, Vice Mayor Jimenez requested, and a majority of the Council supported, a future agenda item to consider whether or not to adopt a policy to require the Mayor to receive direction from Council and vote as directed by Council when voting on items from the City Selection Committee.

BACKGROUND
Pursuant to Government Code section 50270, in any county in which two or more cities are incorporated, a city selection committee is created for the purpose of appointing city representatives to boards, commissions, and agencies, as required by law. The membership of each city selection committee shall consist of the mayor of each city within that county.

In San Mateo County, the City Selection Committee is comprised of Mayors of all 20 incorporated cities/towns in San Mateo County. The City Selection Committee appoints people to the following boards, commissions, and agencies:
•Association of Bay Area Governments (ABAG)
•Bay Area Quality Management District (BAAQMD)
•California Identification System (CAL-ID)
•Domestic Violence Council (DVC)
•Housing and Community Development Committee
•Housing Endowment and Regional Trust (HEART)
•Local Agency Formation Commission (LAFCo)
•Metropolitan Transportation Commission (MTC)
•Peninsula Corridor Joint Powers Board (Caltrain)
•San Mateo County Transit District (SamTrans)
•San Mateo County Countywide Oversight Board
•Association of Bay Area Governments-Regional Planning Committee (ABAG- RPC)

ANALYSIS
At least two cities in San Mateo County (City of San Mateo and South San Francisco) generally require that the Mayor consult with the full Council before the City Selection Meetings or vote in a manner that is consistent with established policies or previously expressed Council consensus. Below are the relevant provisions from those cities relating to the Selection Committee:

City of San Mateo, City Council Rules and Procedures, pp. 8 and 37 “Chapter 4.Duties
….

2.Duties of Mayor
…D. To vote on behalf of the Council at regional meetings such as the San Mateo

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County Council of Cities/City Selection Committee, provided that the vote is not inconsistent with established policies or previously expressed Council consensus.

This is expected protocol for any Council Member who represents the City on any regional bodies.”
“Chapter 12.Council Liaison Roles
…

6. Council of Cities Appointments
A. In the case of appointments made by the regional Council of Cities - City Selection Committee, upon receipt of the City Selection Committee agenda packet listing all positions and nominees to be voted on, if time allows, the City Council may schedule a special meeting prior to the Council of Cities meeting to discuss and agree upon preferred appointees. This will allow the Mayor, or their proxy, to have clear direction on whom to vote for that reflects the best interest of the City. If scheduling a meeting is not practical, the Mayor and Deputy Mayor may confer on the vote. In the case of nominations from the floor at the City Selection voting meeting, the Mayor, or their proxy, will vote their conscience based on the feedback previously given by the City Council as a whole. In December, every year upon the Mayor’s rotation, a standing proxy shall be filled out and filed with the City Selection Committee for the year naming who may vote in the Mayor’s absence. The Deputy Mayor will be given first priority followed by any Council Member who has the most latitude and ability to attend the meetings.” City of South San Francisco, City Council Procedures and Protocols Handbook, p.10 “San Mateo Council of Cities/City Selection Committee
…
Before each Council of Cities meeting, the Mayor shall consult the City Council on the direction for the first vote for a position. On the first vote for a position opened and advertised and subsequently selected by the San Mateo Council of Cities/City Selection Committee, the City’s designated representative which can be the (i.e., Mayor or Vice Mayor or the presiding officer indicated via a formal proxy) must vote in accordance with the City Council’s direction. All subsequent votes are left to the discretion of the designated representative. If the Mayor is not able to attend the monthly San Mateo Council of Cities/City Selection Committee meeting the order of seniority will take place and the Vice Mayor will serve as proxy by submitting a formal document and submitting, it to the county clerk of the board via the City Manager’s office. At these meetings, the Mayor, Vice Mayor or the most senior member of council (determined by election date) will introduce the council delegation attending and representing the city at these events/meetings.”
Since the Mayor is representing the City in serving on the City Selection Committee, it is within the Council’s discretion to establish a policy to require the Mayor to seek direction from the full Council before any vote of the City Selection Committee. This may however present practical challenges as the Mayor would need to first agendize a Council item in sufficient time before the City Selection Committee meets for a vote.

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If the Council is inclined to adopt a policy requiring the Mayor to first seek direction from the Council, the Council will need to give staff direction on what form the policy should take. The Cities of San Mateo and South San Francisco have separate Council handbooks which contain a number of procedural and organizational standards. While the City Council does not have the same type of handbook, the Council could amend Chapter 2.08 of the Foster City Municipal Code, which is where the Council’s organizational and procedural standards are located, to include this requirement. Council could also adopt the policy via Resolution, which would be easier to adopt and amend than an ordinance. However, a stand-alone Resolution is oftentimes more difficult for the public and Councilmembers to locate than a code provision in the City’s Municipal Code.

California Environmental Quality Act
The item is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
There may be some minor fiscal impact to the City if the Council directs staff to prepare an ordinance or resolution.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:

None

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DATE: October 7, 2024

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager

FROM: Sofia Mangalam, Community Development Director
Steve Arnold, Interim CBO, 4LEAF, Inc. Consultant
DEPARTMENT: Community Development
SUBJECT: REPORT ON ENERGY REACH CODES

RECOMMENDATION
It is recommended that the City Council receive the report on Energy Reach Codes and, by Minute Order, provide policy direction to staff regarding local Energy Reach Code adoption.

EXECUTIVE SUMMARY
On March 18, 2024, staff provided an informational report on the Electrical Capacity Study prepared to consider the potential adoption of local Energy Reach Codes and sought policy direction from the City Council regarding Reach Codes adoption.

In the staff report, staff noted three (3) key points for Council’s consideration as noted below:
The Electrical Capacity Study concluded that the existing electric distribution system will not fully support the future development and electrification of Foster City.
The U.S. Court of Appeals for the Ninth Circuit overturned the Berkeley ordinance that prohibited natural gas infrastructure in new buildings, and due to this ruling, several cities and counties were pausing their Reach Code electrification implementation.

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The next code cycle, 2025 Title 24, Part 6 Standards, will be released in June 2024 and will include a new set of State minimum regulations.

Staff sought policy direction from the City Council on the following items:

1. Should staff continue to study options for Energy Reach Codes?

2. If staff should engage with PG&E to discuss the study's outcome, distribution capacities, and necessary resources to meet load growth.

After deliberation, the City Council, by Minute Order No. 1977, directed staff to:

1. Engage with PG&E to discuss the outcome of the Electrical Capacity Study, distribution capacities and necessary resources to meet load growth;

2. Explore Zero Emission/Zero NOx Reach Codes option, its validity, and any legal challenges associated with it; and

3. Explore other Reach Code options.

Per the Council’s direction, staff engaged with PG&E and researched Zero Emission/Zero NOx and other Reach Codes options.

BACKGROUND
Senate Bill (SB) 32 requires the California State Air Resources Board (CARB) to ensure the state’s greenhouse gas (GHG) emissions are reduced to 40 percent below the 1990 levels by 2030. Residential and commercial buildings are responsible for roughly 25% of California’s GHG emissions (California Greenhouse Gas Emission Inventory: 2000 – 2017, 2019 Edition, California Air Resources Board). Building electrification is a strategy to decarbonize buildings and achieve GHG emission reduction goals.

Every three (3) years, the State of California adopts and publishes a set of new construction codes referred to as the California Building Standards Code (CBSC) or California Code of Regulations (CCR), Title 24. Through the code adoption process, the CBSC selects and approves a set of model codes, including California Building, Mechanical, Plumbing, Electrical, Existing Buildings, Fire, Energy, Residential Building, Historical Building, and Green Building Codes. Participating State agencies, such as the State Fire Marshal (SFM), Division of the State Architect (DSA), State Housing and Community Development (HCD), and Office of Statewide Health Planning and Development (OSHPD), have an opportunity to amend the code for the occupancy groups under their respective authorities. Without taking any action, the State Model Building Codes become the default codes of the city. Local jurisdictions may choose to adopt local building codes that “reach” above and beyond the State minimums. These are referred to as “Reach Codes.”

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Regarding the California Energy Code, a Reach Code can go beyond the state minimum requirements for energy use in building design and construction, creating opportunities for local governments to promote clean air, reduce GHGs, address climate change, and develop renewable energy solutions.

Most cities update local building codes, including Reach Codes, concurrently with state-required adoption of the standards. The most recent code cycle was adopted in 2022, effective January 1, 2023. The following code cycle will become effective on January 1, 2026.

On August 15, 2022, the City Council adopted City Resolution No. 2022-100 authorizing staff to issue an RFP for consultant services for developing and adopting a local Energy Reach Code, including performing an Electrical Capacity Study of the City of Foster City, a cost-effectiveness study and community engagement.

Subsequently, on October 3, 2022, the City Council approved an agreement with Integrated Design 360 LLC (ID360) for developing and adopting a local Energy Reach Code including but not limited to performing an Electrical Capacity Study of the City of Foster City, cost-effectiveness study, energy savings study, and community engagement.

The Electrical Capacity Study took a long time to complete, and the Study concluded that the existing electric distribution system will not fully support Foster City's future development and electrification (See March 18 meeting, Item 6.2, Attachment 2 for the Study).

ANALYSIS
Building Electrification & Energy Reach Codes 2022

During the 2022 code cycle, over 70 California jurisdictions adopted or began the process of adopting a local reach code. Most reach codes adopted for the 2022 code cycle focused on requiring all-electric new construction, either through an amendment to the CALGreen Code or the Health and Safety Code.

On April 17, 2023, the Ninth Circuit filed its decision in California Restaurant Association (“CRA”) v. City of Berkeley, 89 F.4th 1094 (9th Cir. 2024), finding that the City of Berkeley’s Ordinance No. 7672-NS, creating a ban on natural gas infrastructure in newly constructed buildings, is preempted by the federal Energy Policy and Conservation Act (“EPCA”), which authorizes the Department of Energy to set energy efficiency standards for consumer appliances.

The Ninth Circuit panel held that the EPCA preempts the Berkeley ordinance. In the decision, the Ninth Circuit panel took a very expansive reading of the plain text of the EPCA (42 U.S.C. § 6297(c)), which states that it is intended to preempt “State regulation[s] concerning the energy efficiency, energy use, or water use of [a] covered

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product.” While Berkeley argued that its ordinance did not directly ban any appliances or specifically regulate their use and therefore was not an “energy efficiency standard” subject to preemption under the EPCA, the panel found that Berkeley was regulating the “energy use” of gas appliances via a more circuitous route, by prohibiting natural gas piping into new buildings, rendering the gas appliances useless.

As a result of the CRA decisions, several cities and counties paused their local reach code electrification implementations.

Staff decided to pause to understand the implications of the Berkely ruling. On March 18, 2024, staff provided an informational report on the Electrical Capacity Study prepared for consideration of potential adoption of local Energy Reach Codes 2022.

Subsequently, ID360 provided a memo for the Energy Reach Code and Green Building Code Considerations (See Attachment 3).

Below is a summary of the Council’s direction provided on March 18, 2024.

1. Meeting with PG&E
The City Council directed staff to engage with PG&E to discuss the outcome of the Electrical Capacity Study, distribution capacities, and necessary resources to meet load growth.

Subsequently, on April 22, 2024, staff met with PG&E and discussed the highlights of the Electrical Capacity Study. PG&E noted that, as per California Public Utilities Commission (CPUC) guidelines, PG&E needs to have development applications submitted to plan for any capacity upgrades to transformers and/or feeders. In other words, PG&E cannot make upgrades based on an Electrical Capacity Study or other studies for future electrification efforts.

2. Zero Emission/Zero NOx Reach Code

The City Council directed staff to explore the Zero Emission/Zero NOx Reach Codes option, its validity, and any legal challenges associated with it.

To give context, Nitrogen Oxides (NOx) are toxic, highly reactive gasses that are emitted when fuel is burned, such as when operating cars, trucks, power plants, and household appliances. NOx also reacts with the sun and atmosphere, becoming harmful smog (Ozone) and particulate matter (PM2.5). Most household appliances in California run on gas and emit NOx in and near our homes. Gas appliances in California homes and buildings generate four times as much lung-damaging NOx pollution as the state's gas power plants and roughly two-thirds as much NOx as all of the state’s passenger cars (See link to the SPUR article.)

Staff is aware of three (3) jurisdictions in the Bay Area that amended their reach codes (all-electric provisions) and adopted Zero NOx Reach Codes, including the Town of Los

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Altos Hills, City of Berkeley and City of Campbell. Zero-NOx means they do not emit harmful NOx pollutants.

The Town of Los Altos Hills amended its regulations to parallel the definition of all-electric and references with that of zero NOx emission buildings. The ordinance targets high-emitting water heating and HVAC systems and requires those appliances to be “zero-emitting." Similar to all-electric ordinances, the proposed ordinance includes specific exceptions for indoor cooking appliances in residential buildings, outdoor cooking appliances, outdoor fireplaces, portable space heaters, generators, and pool and spa heaters. ( See link to Ordinance).

This was the first Zero NOx emission ordinance adopted in California. The City of Berkeley adopted amendments to 2022 California Green Buildings Standards Code (CALGreen) to require Zero NOx Buildings for newly constructed buildings modeled after the Town of Los Altos Hills ordinance (See link). The City of Campbell followed the approach of the Bay Area Air Quality Management District (BAAQMD), focusing on the negative health impacts of air pollution from building appliances (see below). Their ordinance prohibits NOx emissions from equipment being installed in any newly constructed building or substantial rebuild. Their ordinance applies to water heaters, furnaces, ovens/ranges, and clothes driers. It does not apply to outdoor grills or portable heaters (See link to Campbell Staff Report and Ordinance).

BAAQMD and California Air Resources Board (CARB) Zero-NOx emissions standards

BAAQMD adopted amendments to Regulation 9, Rules 4 and 6, to eliminate emissions of NOx from residential and commercial natural gas furnaces and water heaters in the Bay Area by requiring new appliances to be Zero-NOx (Link to BAAQMD).

Appliances, including natural gas-fired furnaces and water heaters that are typically found in residential and commercial buildings, manufactured after the compliance dates (beginning on January 1, 2027), will not be allowed to be sold or installed in the Bay Area if they emit NOx upon operation. The amendments only apply to appliances that would be newly installed; they require no change-out of already existing appliances. It shall be noted that these rules cover only furnaces and water heaters and no other natural gas appliances, including gas stoves.

The timeline for compliance with these amendments.
Ultra-low NOx standard implementation date (applies to appliances manufactured after the noted date):
oJanuary 1, 2024 – For residential fan-type central furnaces. This standard matches existing standards in other large California air districts, and natural gas appliances are currently available to meet this standard. Zero NOx standard implementation dates (applies to appliances manufactured after the noted date):

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oJanuary 1, 2027 – Water heaters less than 75,000 BTU/hr (typically residential tank water heaters)
oJanuary 1, 2029 – Residential and commercial furnaces
oJanuary 1, 2031 – Water heaters between 75,000 and 2 million BTU/hr (commercial and multifamily)

In addition, CARB is developing state-wide zero GHG emission standards for space and water heaters to support building-related GHG reduction goals ( Link to CARB). These standards seek to reduce GHG and smog-forming NOx emissions from new space and water heaters sold in the state to help meet California’s climate goals and federal air quality standards.

Source: Bay Area Reach Codes
Staff Comments

Staff is not aware of any reported legal challenges with the Zero-NOx reach codes.

However, information/data on their implementation is limited since only a few cities have adopted these regulations.

In addition, local jurisdictions will need to comply with BAAQMD amendments for furnaces and water heaters according to the specified timeline noted above.

3. Other Reach Code Options

A. High-Performance Efficiency Reach Codes
A few jurisdictions took the next steps to adopt alternative local energy reach code requirements. To date, the cities of San Luis Obispo, San Jose, Santa Cruz, and

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Palo Alto, East Palo Alto have adopted high-performance energy efficiency requirements based on the "One Hourly Source Energy" model code.

The California Energy Commission (CEC) introduced additional metrics in the 2022 California Energy Code for buildings to show compliance with the efficiency standards.

One such metric included Source Energy, which represents the energy consumption of a building, including losses incurred during production and delivery to the meter located at the building. Similar to Time Dependent Valuation (TDV), hourly source energy is a metric for both electricity and natural gas. The CEC found that hourly source energy values are proportional to the GHG emissions for each hour of the year and can be considered a good proxy for GHG, encouraging fuel switching, decarbonization, and reducing natural gas use. For future reach codes, the statewide team recommended a new approach called the “Single Hourly Source Margin” model code, also known as the “Single Margin” or “One Margin” code, that uses source energy as the performance metric.

For example, A new single-family residential building must meet or exceed all “Energy Design Ratings (EDR)”. There are three (3) EDR categories:

1. EDR1 (Source Energy) – EDR1 is a score representing a building’s energy efficiency expressed in terms that serve as a proxy for GHG emissions.

2. EDR2 (Efficiency) – EDR2 is a score representing a building’s energy efficiency expressed in terms of the value and cost of energy consumed at different times of the day and year.

3. EDR Total (Total Energy Design Rating) is a score representing the building’s total energy expressed in terms of the value and cost of energy consumed at different times of the day and year while also factoring in solar and energy demand flexibility.

The One Margin approach allows for the installation of both mixed fuel and all-electric construction while imposing requirements that consider the emissions of both types of construction. Mixed-fuel construction would generally require significant investments in energy efficiency, solar, and storage to offset the emissions of natural gas appliances in order to meet these requirements.

The Bay Area Reach Codes Program has published the Energy Performance Part 6 Model Reach Code for local jurisdictions to use (Link to Model Ordinance).

Palo Alto Example: The City of Palo Alto uses the Hourly Source Energy metric established by the CEC. This metric acts as a proxy for carbon emissions. The Ordinance set an Hourly Source Energy Margin for each building occupancy type. The Hourly Source Energy Margin states how far below the “standard” energy budget set by the State Energy Code a proposed building’s energy budget must be, using the Hourly Source Energy metric. The developer must demonstrate this to comply with the code.

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Because natural (methane) gas space and water heating has such high carbon emissions compared to electric gas and water heating, buildings using natural (methane) gas for these appliances will need to install significant energy efficiency measures and large amounts of PV and batteries to offset those emissions at significant cost. Newly constructed all-electric buildings will achieve up-front cost savings compared to code-compliant newly constructed mixed-fuel buildings by avoiding the need for additional efficiency, PV, and battery installations to meet the Hourly Source Energy Margin requirements.

A summary of the proposed standards for single-family is provided in the following table. Note that requirements for single-family homes use a metric based on source energy called Energy Design Rating 1 (EDR1), while requirements for other building occupancy types are expressed in terms of Hourly Source Energy Margin.

East Palo Alto Example: The City of East Palo Alto’s Ordinance increases the required EDR1 score for single-family residential buildings and the required Source Energy scores for all other buildings.

Staff Comments
There are 2022 cost-effectiveness analyses that can be leveraged for this approach for Reach Codes (as used by East Palo Alto). This approach would amend the California Energy Code (Title 24, Part 6) and require approval by the CEC before enforcement.

Staff is unaware of any legal challenges with the One Margin “alternative” energy reach code adoptions.

B. EV Charging Infrastructure Model Code

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In addition to Energy Reach Codes, local jurisdictions may consider codes that require measures to reduce GHG emissions or make such reductions possible but do not specifically address energy efficiency. These reach codes could include Electric Vehicle readiness, electric pre-wiring or panel requirements, indoor/outdoor water efficiency requirements or water distribution, Energy audits or benchmarking, and others. Staff has included a discussion on EV Charging codes for Council’s considerations.

The City may also consider aligning with regional jurisdictions that adopted the Bay Area Reach Code Initiative’s 2022 EV Charging Infrastructure model code (EVI) 34.

This model code aims to exceed the 2022 CALGreen Intervening Code updates and incorporates the proposed 2025 CALGreen Code updates, minimizing the need for the City to implement future revisions. The EVI model code was updated in March 2024 to align with the 2022 CALGreen Intervening Code Cycle update effective July 1, 2024.

See an example of code for single-family residences and townhomes with private garages:

Staff comments:

Currently, this code only applies to New Construction; however, installing an Automatic Load Management System (ALMS) will allow EV chargers to be installed on many more projects utilizing the existing electric grid in Foster City. If the City Council desires, it could also apply to alterations.

Next Code Cycle

The California Building Standards Code (Title 24) is comprised of several “Parts,” including the Energy Code (Part 6), the Green Building Standards Code, or CALGreen (Part 11), and the Uniform Plumbing Code (Part 5). The entire code is normally updated every three years. The current code is the 2022 Code Cycle, effective January 1, 2023, through December 31, 2025. CALGreen and the Uniform Plumbing Code have both been amended mid-cycle (or intervening cycle), effective July 1, 2024. The State has issued a 15-day regulatory language for 2025 Energy Code Rulemaking in August 2024 (see link). After reviewing the draft, staff noted that there are anticipated amendments

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to heat pumps, air conditioning, etc. The draft includes a performance approach for single-family and multi-family buildings. A building complies with the performance approach if the energy consumption calculated for the proposed design building is no greater than the energy budget calculated for the standard design building using Commission-certified compliance software. In simpler words, this is a Single Margin or “One Margin” approach. ICC will publish the 2025 Energy Code by July 2025, and the 2025 Code Cycle will be in effect from January 1, 2026.

Reach Code Timing Considerations (source: bayren.org)
Because local energy codes must be more stringent than the statewide code, each local code needs to be re-approved whenever the statewide code is updated. Thus, oAdopting a local code to take effect early in the code cycle will be most efficient. When adopted late in a code cycle, a local reach code may only be in effect for a few months or be shadowed by the next code cycle.
oIf a jurisdiction has a reach code in effect and would like to continue it into the next code cycle, the local process needs to be completed early enough that it can be approved by the CEC before the start of the new code cycle, usually no later than September in the year before the updated code takes effect.

Source: www.bayren.org

Options for Council’s Consideration
Option 1: Draft an ordinance for Energy Reach Codes based on the Zero NOx approach for the 2022 or 2025 Building Code cycle.

Staff comments: Since the 2025 Energy Code Rulemaking language published in August 2025 proposes Performance and Prescriptive Compliance Approaches for Single-family

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and Multi-family buildings, staff recommends not adopting Zero NOx standards. Also, as noted above, local jurisdictions will need to comply with BAAQMD amendments for furnaces and water heaters.

Option 2: Draft an ordinance for Energy Reach Codes based on a One-Margin approach for the 2022 or 2025 Building Code cycle.

Staff comments: The 2025 Energy Code Rulemaking language published in August 2024 proposes Performance and Prescriptive Compliance Approaches for Single-family and Multi-family buildings. This is a One-Margin approach; staff recommends waiting for these regulations to be published in July 2025 and then, depending on Council’s direction, amend the Green, Plumbing, and Energy Codes with desired Reach Codes for the 2025 Building Standards Code cycle adoption in October/November 2025 with a January 1, 2026, effective date.

Option 3: Draft Other Reach Codes - EV Charging for 2022 or 2025 Building Code cycle.

Staff comments: Depending on the Council’s direction, staff will start working on the draft Ordinance and conduct a public outreach. However, considering timelines, staff recommends adopting Reach codes with the 2025 Building Code cycle..

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
On October 3, 2022, the City Council approved an agreement with ID360 for developing and adopting a local Energy Reach Code for $127,774. The fund balance is $33,007.

There is no additional fiscal impact.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:

Attachment 1 – 2025 Energy Code Rulemaking
Attachment 2 – Reach Codes Process by BayREN
Attachment 3 – Memo by ID360

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DOCKETED
Docket Number: 24-BSTD-01
Project Title: 2025 Energy Code Rulemaking
TN #: 258643
Document Title: August 15-Day Language Part 1, Part 6, and Reference Appendices
Description: August 15-Day Language for Part 1, Part 6, and Reference Appendices.

Filer: Javier Perez
Organization: California Energy Commission
Submitter Role: Commission Staff
Submission Date: 8/22/2024 2:53:18 PM
Docketed Date: 8/22/2024

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2025 Building Energy Efficiency Standards Page 1
CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 1

ADMINISTRACTIVE REGULATIONS

CALIFORNIA CODE OF REGULATIONS
TITLE 24, PART 1

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CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 1, CHAPTER 10, SECTION 103.2 –

NONRESIDENTIAL MECHANICAL ACCEPTANCE TEST TRAINING AND CERTIFICATION ARTICLE 1 – ENERGY BUILDING REGULATIONS
[Skipping Section 10-101 through Section 10-103.3(a)]

10-103.3 Administrative Procedures for the Energy Code Compliance Program

(b) General Provisions.

1. Conflicts of Interest.

A. Prohibition of Conflicts of Interest.
i. ECC-Providers shall be independent from, and have no financial interest in, ECC-Rater Companies or ECC-Raters.
ii. ECC-Providers, ECC-Raters, and ECC-Rater Companies shall operate independently and shall not have any financial interest in the builder, designer, or subcontractor serving as the “Responsible Person” signatory as specified in Section 10-103(a)1 and Section 10-103(a)3 on a project. However, an exception applies if the ECC- Rater Company submits a Declaration of ECC-Rater Company Separation of Services, as provided in Section 10-103.3(f)2Diii. This applies specifically to projects where the ECC-Rater is involved in, or is reasonably expected to provide, field verification and diagnostic testing services.
iii. For the purposes of this subdivision, a “financial interest” includes:
a. a business entity in which the entity or individual has a direct or indirect investment worth $2,000 or more, or in which the entity or individual is a director, officer, partner, trustee, or employee. However, this prohibition on
investments does not include ownership of less than five percent of a publicly traded company.
b. an ownership interest, debt agreement, or
employer/employee relationship.
iv. ECC-Providers, ECC-Raters, and ECC-Rater Companies, or principals of an ECC-Provider or ECC-Rater Company shall not perform field verification or diagnostic tests services for builders, designers, or subcontractors owned or operated by close familial relatives. For purposes of this subdivision, “close familial relative” means a spouse, domestic partner, or cohabitation partner or a parent, grandparent (including greats), sibling, child, grandchild (including

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CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 1, CHAPTER 10, SECTION 103.3 –

ADMINISTRATIVE PROCEDURES FOR THE ENERGY CODE COMPLIANCE PROGRAM greats) of the individual or spouse, domestic partner, or cohabitation partner, and any person living in the same household.
v. ECC-Raters and ECC-Rater Companies shall not perform any construction activity on a project site for which a construction permit is issued and for which they will or are reasonably expected to perform field verification or diagnostic testing services. vi. ECC-Raters or ECC-Rater Companies shall provide a report to the building or project owner for field verification or diagnostic testing services performed on the project site. The report may be provided through a contractor or other project representative to the building or project owner but must be a conspicuous and separate document from other documents provided by the
contractor or project representative. The report must include all of the following elements:
a. The ECC-Rater’s or ECC-Rater Company’s name, logo (if any), contact information, and certification number.
b. The ECC-Provider data registry link and registry numbers for all compliance documents registered by the ECC-Rater or ECC- Rater Company for the project.
c. An itemization of each field verification or diagnostic test, as well as any other services performed for the project, the amount charged, and the results in terms of pass or fail. vii. The ECC- Provider shall develop a Consumer Information Form, and the Commission may request to review and provide
recommendations on the content of that form. Rater or ECC-Rater Company must register a The Consumer Information Form with the ECC-Provider, which includesshall include educational materials regarding the ECC Program, the roles and responsibilities of ECC- Raters, ECC-Providers and ECC-Rater Companies, and the means by which the owner may file a complaint. The Consumer
Information Form must also include the owner’s valid contact information, comprised of the owner's name, project address, phone number, and email. Prior to the start of any field verification or diagnostic testing at a project site, the ECC-Rater or ECC-Rater Company shall provide a copy of the most recent version of the Consumer Information Form developed by the ECC-Provider to the owner or owner representative and shall submit a completed Consumer Information Form to the ECC-Provider.

Failure to register a valid Consumer Information Form will make the ECC-Rater or ECC-Rater Company subject to discipline as

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CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 1, CHAPTER 10, SECTION 103.3 –

ADMINISTRATIVE PROCEDURES FOR THE ENERGY CODE COMPLIANCE PROGRAM described in Sections 10-103.3(d)7 and 10-103.3(d)8. For projects with no current owner in residence, the owner's contact information may be that of the landlord, developer, builder, or any other such person with a real property interest. The Consumer Information Form shall be developed by the ECC-Provider, and the Commission may request to review and provide recommendations.

For the purposes of a Consumer Information Form, register is defined as submitting the information outlined in this paragraph to the ECC-Provider.
viii. Once an ECC-Rater has registered a failed field verification or diagnostic test, that ECC-Rater or ECC-Rater Company (or Independent Rater) shall become the ECC-Rater of Record (ROR) for the specific field verification or diagnostic test at the project site. If the ROR is an ECC-Rater Company or Independent Rater, then the ROR may be replaced by any ECC-Rater that is a fulltime employee of the ECC-Rater Company or Independent Rater and in good standing with the ECC-Provider. Except as provided in subdivision (a) below, only the ROR may register a subsequent passing field verification or diagnostic test previously registered as a failure.
a. Under any of the following circumstances, the ECC-
Provider may release a project from the ROR but must
verify that the retest for the failed field verification or diagnostic test is legitimate either through a site visit, photographic evidence (or other remote verification), or a desk audit (Section 10-103.3(d)5Civ) on the project:
(i) The ROR agrees to release the project.
(ii) The ROR is physically unable to continue work on
the project due to injury, misfortune, or availability. (iii) The ROR’s certification has been suspended
(Section 10-103.3(d)7C) or decertified (Section 10-
103.3(d)7D).
(iv) The ROR is unwilling to continue work on the
project.
b. The ECC-Provider shall lock the project compliance
documentation within the data registry by address, permit number, or other reasonable means and shall not allow
any further compliance documents to be registered for a failed test at the project site other than from the ROR or allowable substitute under Section 10-103.3(b)1Aviiia.

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CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 1, CHAPTER 10, SECTION 103.3 –

ADMINISTRATIVE PROCEDURES FOR THE ENERGY CODE COMPLIANCE PROGRAM c. An ECC-Provider shall not knowingly accept compliance documents for registration for a project that has an active failed field verification or diagnostic tests in any other ECC- Provider data registry.
(i) ECC-Providers shall submit a complaint to the
Commission (Section 10-103.3(d)6B) upon
suspected violation of this requirement.
(ii) Upon investigation, the Commission may take
disciplinary action against an ECC-Provider (Section
10-103.3(d)15) if the CEC can demonstrate
noncompliance or recommend disciplinary action
against an ECC-Rater or ECC-Rater Company
(Sections 10-103.3(d)7 and 10-103.3(d)8).
ix. Use of Registered Certificates. The use of registered certificates, including Certificates of Compliance, Certificates of Installation, and Certificates of Verification, is limited to the demonstration and documentation of the project compliance with the Building Energy Efficiency Standards. Other uses of registered certificates, such as for federal tax credits, is only permitted for projects that have been completed and are closed within the data registry. [Skipping Section 10-103.3(b)1B through 10-103.3(d)4]

5. Quality Assurance. An ECC-Provider shall maintain a quality assurance program to ensure appropriate oversight of the ECC-Raters it certifies. This program shall, at a minimum, include the following:

A. Quality Assurance Staff. ECC-Providers shall maintain the necessary qualified staff to ensure a functioning quality assurance program that includes, at a minimum, performing the types of quality assurance reviews listed in Section 10-103.3(d)5 on ECC-Raters. Any form of audit is subject to the same standards of required conduct as any other field verifications and diagnostic tests and is also subject to Quality Assurance review. Quality Assurance staff may not include active ECC-Raters.

B. Exemplary ECC-Rater. An ECC-Rater is designated as a “Exemplary ECC- Rater” once the ECC-Rater has been (1) continuously certified as an ECC- Rater for a minimum of five years and (2) confirmed for designation by the applicable ECC-Provider after passing all required quality assurance audits within a 12-month period, including at least one annual quality insulation installation (QII) shadow audit, one non-QII shadow audit, one in-lab audit, and one desk audit.

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CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 1, CHAPTER 10, SECTION 103.3 –

ADMINISTRATIVE PROCEDURES FOR THE ENERGY CODE COMPLIANCE PROGRAM i. The ECC-Provider shall immediately revoke this designation for any audit failure or the failure to be recertified as an ECC-Rater in any subsequent Triennial Code Cycle.
ii. This designation, once obtained, may be included in marketing materials. If this designation is revoked, it shall be removed from marketing materials within 10 business days.

C. Types of Quality Assurance Review. Quality Assurance Review shall take the form of onsite, shadow, and desk audits.
i. Onsite Audits. The ECC-Provider performs an onsite audit following field verification and diagnostic testing by an ECC-Rater it certified. Onsite audits are performed at the invitation of the homeowner through the complaint process, at the request of the Commission, or at the discretion of the ECC-Provider. Every year, at least one onsite audit shall be performed by the ECC-Provider for each ECC-Rater it has certified either at random or as directed above. For Exemplary ECC-Raters the minimum onsite audit frequency shall be reduced from once per year to once per Triennial Code Cycle. Additionally, onsite audits shall be performed for every 100 dwelling units or single family residences (or both in combination) in a single development constructed by a single developer that make use of the sample-group provisions (Building Energy Efficiency Standards Reference Appendix RA 2.6)seventh sample-group used in a single residential development. The audit results shall be included in the annual reporting to the Commission (Section 10-103.3(d)11E) or provided in response to a request by the Commission. Onsite audits shall comply with the following:
a. Onsite audits must not be performed in the presence of the ECC-Rater and can be performed any time after the
ECC-Rater has left the project site.
b. ECC-Raters must not be informed that their field
verification and diagnostic test is receiving an onsite audit until the onsite audit is complete and the results are
documented.
c. At a minimum, onsite audits shall include all of the following:
(i) A verification of correctly completed certificates of installation (if the ECC-Rater is acting as the
Authorized Representative under Section 10-
103(a)3A) and verification (Section 10-103(a)4) for
the project.

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CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 1, CHAPTER 10, SECTION 103.3 –

ADMINISTRATIVE PROCEDURES FOR THE ENERGY CODE COMPLIANCE PROGRAM (ii) Performance of the field verification and diagnostic test that was performed by the ECC-Rater.
d. A Passing result shall include the following at a minimum:
(i) Correct and completed certificates of installation (if the ECC-Rater is signature authorized under Section
10-103(a)3A) and verification (Section 10-103(a)4)
for the project free from false, inaccurate, or
incomplete information.
(ii) All field verifications and diagnostic tests audit results that include a field test or measurement
must pass as required in the Building Energy
Efficiency Standards, Reference Appendices RA1,
RA2, RA3, RA4, NA1, and NA2.
e. Onsite audits shall be performed when an ECC-Provider is investigating a complaint from a homeowner about a field verification and diagnostic test.
f. Onsite audits shall be performed for every 100 dwelling units or single family residences (or both in combination) in a single development constructed by a single developer
that make use of the sample-group provisions (Building
Energy Efficiency Standards Reference Appendix RA 2.6)
beginning with the hundredth dwelling unit or single family residence seventh sample-group used in a single residential development. Nothing in this provision shall require that any dwelling unit in any sample-group remain open beyond the requirements in Building Energy Efficiency Standards Reference Appendix RA 2.6. These onsite audits shall
comply with the following:
(i) The ECC-Provider shall perform the onsite audit at an untested home in the same sample-group being
tested and a tested home.
(ii) If the ECC-Provider is refused access to the
development, all sample-groups for the development
will be considered conflicted data (Section 10-
103.3(b)1B).
(iii) At the discretion of an ECC-Provider, this onsite audit may also be used to satisfy the requirements for an
onsite audit as required by Section 10-103.3(d)5Ci
(Onsite Audits) or, if applicable, Section 10-
103.3(d)5Cii (Shadow Audits) for an ECC-Rater.

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CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 1, CHAPTER 10, SECTION 103.3 –

ADMINISTRATIVE PROCEDURES FOR THE ENERGY CODE COMPLIANCE PROGRAM (iv) A failed onsite audit of the tested dwelling unit shall constitute a failed onsite audit for the ECC-Rater. A
failed onsite audit of either the tested or untested
dwelling unit shall be recorded in the ECC-Provider’s
quality assurance database (Section 10-103.3(d)9B). A
failed onsite audit of either the tested or untested
dwelling unit shall be reported to the developer, ECC-
Rater, and ECC-Rater Company as soon as is possible.

Failed onsite audits of dwelling units within a sample- group shall not be deemed to fail or impact in any way
the compliance status of the sample-group.
g. If the ECC-Provider is refused access to the development, the ECC-Rater may be subject to investigation and
disciplinary action at the discretion of the ECC-Provider.

The ECC-Provider shall document onsite audit results,
provided to the ECC-Rater and ECC-Rater Company,
provided to the homeowner, and recorded in the ECC-
Provider’s quality assurance database (Section 10-
103.3(d)9B).
h. If the onsite audit reveals the ECC-Rater did not accurately perform the field verification and diagnostic test or
accurately collect or report data, the ECC-Provider shall initiate disciplinary action (Section 10-103.3(d)7).
i. Onsite audits shall include the use of photographic
evidence to be recorded in the ECC-Provider data registry as provided in Building Energy Efficiency Standards
Reference Appendix JA7.5.6.3.

[Skipping Sections 10-103.3(d)5Cii through 10-103.3(d)11F]

G. Annual Reporting Requirements Regarding ECC-Rater Companies. i. Beginning By the first of June of each year starting in 2027, an ECC- Provider shall submit an ECC-Rater Company Annual Report to the Commission by June first of each year. The report shall be clearly labeled designated as confidential and transmitted to the Commission as a confidential submission and will be treated as such as permitted by law. The report is not subject to Title 20 Cal.

Code. Regs., Section 2505 et seq. upon initial submission. The report becomes nonconfidential 5 years following submission but may receive confidential redesignation if the ECC-Provider requests

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CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 1, CHAPTER 10, SECTION 103.3 –

ADMINISTRATIVE PROCEDURES FOR THE ENERGY CODE COMPLIANCE PROGRAM extension of confidential status using the steps outlined in Title 20 Cal. Code. Regs., Section 2505 et seq.
ii. Reserved The data used as the basis for the ECC-Rater Company Annual Report shall include submitted reports from all ECC-Rater Companies (Section 10-103.3(f)2H) and all ECC-Raters filing as an independent (Section 10-103.3(e)2G).
iii. The ECC-Provider shall ensure that the ECC-Rater Company Annual Report includes the current ECC-Provider pricing assigned to each ECC-Rater Company and Independent ECC-Rater for the costs of all services for Field Verification and Diagnostic Testing registration, including any Quality Assurance Fees.all of the following:
a. The compliance status of the principal licensure
requirements (Section 10-103.3(f)1B) are met for each ECC- Rater Company and the certification status of ECC-Rater filing as independent (Section 10-103.3(e)1A).
b. The number of all types of certificate status (Section 10- 103.3(e)1A) for all ECC-Raters employed by each ECC-Rater Company.
c. Whether the total number of field verifications and
diagnostic tests registered by each ECC-Rater Company and ECC-Rater filing as an independent is accurate as compared to the ECC-Provider data registry.
d. An aggregation of the total and average costs of services for each type of field verifications and diagnostic tests reported by all ECC-Rater Companies and ECC-Rater filing as an independent without any associated identification.

The ECC-Provider shall summarize the cost of services data by local jurisdiction and climate zone independently. All aggregations shall consist of at least three reports of either ECC-Rater Company (Section 10-103.3(f)2H) or ECC-Rater
(Section 10-103.3(e)2G) filing as independent. All
unaggregated results shall be included in a “other”
category if consisting of at least three ECC-Rater
Companies or ECC-Rater filing as independent. The ECC-
Provider shall include the total number of reports for ECC- Rater Companies and ECC-Raters filing as an independent that were not possible to aggregate or are otherwise not included in the report.
e. Current ECC-Provider pricing assigned to the ECC-Rater Company for the costs and services for Field Verification

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CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 1, CHAPTER 10, SECTION 103.3 –

ADMINISTRATIVE PROCEDURES FOR THE ENERGY CODE COMPLIANCE PROGRAM and Diagnostic Testing registration, including any Quality Assurance Fees.
[Skipping Sections 10-103.3(d)11H through 10-103.3(e)2F]

2. Required Conduct.

G. ECC-Raters not employed by an ECC-Rater Company are considered independent. Independent ECC-Raters shall submit an Aannual Activity rReports no later than the end of March of each year starting in 2027 to the ECC-Provider Commission that includes the information listed in Section10-103.3(f)2Fiii 10-103.3(f)2Hiii and Section 10-103.3(f)2Fiv10- 103.3(f)2Hiv.
[Skipping Sections 10-103.3(e)3 through 10-103.3(f)1]

(f) ECC-Rater Company Certification and Responsibilities

2. Required Conduct.

A. ReservedECC-Rater Companies shall maintain a publicly available list of all of its ECC-Raters.

[Skipping Sections 10-103.3(f)2B through 10-103.3(f)2E

F. By the end of March of each year starting in 2027No later than March 31 of each year, each ECC-Rater Company shall submit an Annual Activity Report to the Commission. ECC-Provider The report must be clearly labeled as confidential and must be transmitted to the Commission as a confidential submission and will be treated as such as permitted by law.

The report is not subject to 20 Cal. Code. Regs., Section 2505 et seq. upon initial submission. The report becomes nonconfidential 5 years following submission but may receive confidential redesignation if the ECC-Provider requests extension of confidential status using the steps outlined in Title 20 Cal. Code. Regs., Section 2505 et seq. The report shall contain all of the following:an annual report that includes:
i. ECC-Rater Company Contact details, principals, and required certificates.
ii. A list of all ECC-Raters working for the ECC-Rater Company. iii. The total number of field verifications and diagnostic tests performed by ECC-Raters working for the ECC-Rater Company during the prior calendar year, organized by enforcement agencybuilding code jurisdiction.

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CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 1, CHAPTER 10, SECTION 103.3 –

ADMINISTRATIVE PROCEDURES FOR THE ENERGY CODE COMPLIANCE PROGRAM iv The total and average cost of services charged for each type of field verification and diagnostic test performed by ECC-Raters working for the ECC-Rater Company during the prior calendar year.

[Skipping Sections 10-103.3(f)2G through 10-109(b)]

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CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 1, CHAPTER 10, SECTION 103.3 –

ADMINISTRATIVE PROCEDURES FOR THE ENERGY CODE COMPLIANCE PROGRAM 10-109 – COMPLIANCE SOFTWARE, ALTERNATIVE COMPONENT PACKAGES,

EXCEPTIONAL METHODS, DATA REGISTRIES AND RELATED EXTERNAL DIGITAL

DATA SOURCES, ALTERNATIVE RESIDENTIAL FIELD VERIFICATION PROTOCOLS,

ELECTRONIC DOCUMENT REPOSITORIES, PHOTOVOLTAIC, AND BATTERY ENERGY

STORAGE SYSTEM REQUIREMENT DETERMINATIONS
(c) Compliance Software.

1. Compliance Manager. The compliance manager is the public domain computer program, including simulation and compliance rule implementation software, developed by the Energy Commission pursuant to Public Resources Code Section 25402.1. The compliance manager software simulates the energy use of a proposed residential or nonresidential building and compares it to a standard design energy budget to determine if the building complies with the Building Energy Efficiency Standards. The compliance manager shall be able to do the following:

A. Standard design – The standard design building is a building simulated to establish the baseline energy budget for space heating, space cooling, indoor air quality ventilation, and water heating for a proposed building.

For newly constructed buildings, the standard design building shall be modeled as in the same location and having the same characteristics, including but not limited to floor area, volume, and configuration, as the proposed building, except that wall and fenestration areas shall be distributed equally between the four main compass points. For additions and alterations, the standard design shall be modeled as in the same location and having the same characteristics and shall have the same wall and fenestration areas and orientations as existing building.

Where the Energy Commission specifies that the standard design building includes a covered product subject to 42 USC 6295, or an appliance regulated by the Appliance Efficiency Regulations, the standard design building shall be modeled to meet but not exceed the efficiency level required by 42 USC 6295 for that covered product or applicable standards required by the Appliance Efficiency Regulations for that regulated appliance, respectively.

The standard design building shall be modeled to include the mandatory requirements of the Building Energy Efficiency Standards, and to meet but not exceed the prescriptive requirements that would apply to the proposed building.

The process of generating the standard design shall be performed automatically. This modeling shall be based on the inputs that describe the proposed building, substituting the assumptions for wall and fenestration area distribution, required efficiency for the covered product subject to 42 USC 6295 that the Energy Commission specifies in the standard design, and the applicable standards for the appliance regulated by the Appliance Efficiency Regulation that the Energy

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CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 1, CHAPTER 10, SECTION 103.3 –

ADMINISTRATIVE PROCEDURES FOR THE ENERGY CODE COMPLIANCE PROGRAM Commission specifies in the standard design, and mandatory and prescriptive options applicable to the proposed building, thereby creating a standard design building against which the energy use of the proposed building can be evaluated.

B. The modeled energy budgets of the standard design building and the energy consumption of the proposed building are described in Title 24 Part 6, Sections 140.1(a), 150.1(b)1, and 170.1(a) below. These requirements ensure that all modeled building features are specified on a one-for-one equivalent energy use or equivalent energy cost basis. Compliance credit for covered products subject to 42 USC 6295 having efficiencies exceeding the efficiency levels required by 42 USC 6295 shall be calculated in terms of long-term system cost, and source energy thereby ensuring that the compliance credit is on a one-for-one equivalent energy or equivalent cost basis.

Long-term system cost (LSC) -– All electricity, gas or propane used within the modeled buildings shall be converted to LSC. LSC includes the efficiency LSC, which is the sum of LSC energy for space-conditioning, water heating, and mechanical ventilation, and total LSC, which includes efficiency LSC and LSC energy from photovoltaic, energy storage systems, lighting, demand flexibility, and other plug loads.

Source energy – The energy used within the modeled buildings shall be represented as long-run marginal, hourly source energy.

[Skipping Sections 10-109(b)1C through 10-116]

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SECTION 100.0 - SCOPE

BUILDING ENERGY EFFICIENCY STANDARDS

CALIFORNIA CODE OF REGULATIONS
TITLE 24, PART 6

[Skipping Section 100.0 through Section 100.1, NATURAL GAS AVAILABILITY]

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Error! No text of specified style in document.

NEEA is the Northwest Energy Efficiency Alliance.

NEEA ADVANCED WATER HEATER SPECIFICATION is the Northwest Energy Efficiency Alliance (NEEA) specification version 87.01, effective date March 1, 2022July 15, 2024 for heat pump water heaters.

[Skipping Section 100.1, NET EXHAUST FLOW RATE through Section 100.1, SEASONAL ENERGY EFFICIENCY RATIOW (SEER2)]

SELF-UTILIZATION CREDIT is the limited Efficiency LSC energy budget compliance credit available for combined PV and battery energy storage systems for single-family, as specified by the Residential ACM Reference Manual, and low-rise multifamily, as specified by the Nonresidential and Multifamily ACM Reference Manual.

Skipping Section 100.1, SENSIBLE ENERGY RECOVERY RATIO through Section 100.2]

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SUBCHAPTER 3

NONRESIDENTIAL, HOTEL/MOTEL OCCUPANCIES, AND COVERED
PROCESSES—MANDATORY REQUIREMENTS
[Skipping Section 120.0 through Section 120.9]
SECTION 120.10 – MANDATORY REQUIREMENTS FOR FANS
a) Each fan or fan array with a combined motor nameplate horsepower greater than 1.00 hp or with a combined fan nameplate electrical input power greater than 0.89 kW shall have a fan energy index (FEI) of 1.00 or higher at fan system design conditions. Each fan and fan array used for a variable- air-volume system that meets the requirements of Section 140.4(c)2 shall have an FEI of 0.95 or higher at fan system design conditions.

1. The FEI for fan arrays shall be calculated in accordance with ANSI/AMCA 208-18 Annex C.

2. All FEI values shall be provided by a manufacturer, where fan selection software and/or fan catalogs display third party verified FEI values in accordance with Appendix A to Subpart J of Part 10 CFR 431ANSI/AMCA 208-18.

Exception to Section 120.10(a)2: FEI values for embedded fans do not need to be third-party verified.
[Skipping Exception 1 to Section 120.10(a) through Exception 4 to Section 120.10(a)]

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2025 Building Energy Efficiency Standards Page 1
SUBCHAPTER 5
NONRESIDENTIAL AND HOTEL/MOTEL OCCUPANCIES—PERFORMANCE AND

PRESCRIPTIVE COMPLIANCE APPROACHES FOR ACHIEVING ENERGY EFFICIENCY [Skipping Section 140.0 through Section 140.1]
(a) En ergy Budget . The energy budget for is expressed in terms of Long-Term System Cost (LSC) and Source Energy.

1. Long-term System Cost (LSC). The LSC energy budget is determined by applying the mandatory and prescriptive requirements of the standard design to the proposed design building and has two components, the Efficiency LSC and the Total LSC.

A. The Efficiency LSC energy is the sum of the LSC energy for space-conditioning, water heating, and mechanical ventilation, and lighting.

2. The Total LSC energy is the sum of the Efficiency LSC energy and LSC energy from the photovoltaic system, battery energy storage systems (BESS), lighting, and demand flexibility, and other plug loads. [S
kipping Section 140.1(a)2 through Section 140.4(a)2]

3. Multi-zone zone space-conditioning system types. Multizone s Space conditioning systems in office buildings and school buildings not covered by Section 140.4(a)2 shall meet the following requirements:

E
XCEPTION 1 to Section 140.4(a)3: Buildings greater than 150,000 square feet or greater than 5 habitable stories.

EXCEPTION 2 to Section 140.4(a)3: School buildings in climate zones 6 and 7.

A. Space-conditioning systems Offices. Office buildings shall use space-conditioning systems complying with one of the following requirements:
i. The space-conditioning system shall be a variable refrigerant flow (VRF) heat pump system that incorporates refrigerant-loop heat recovery and with a dedicated outdoor air system (DOAS) providing ventilation to all zones served by the space-conditioning system. Indoor fans shall meet the requirements of Section 140.4(a)3D. The DOAS shall comply with Section 140.4(a)3E; or.

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ii. The space-conditioning system shall be a four-pipe fan coil (FPFC) terminal unitssystem with a DOAS providing ventilation to all zones served by the space-conditioning system. The FPFC hot water coils shall be supplied by an air- to-water heat pump (AWHP) space-heating hot water loop which that complies with Section 140.4(a)3C. Indoor fans shall meet the requirements of Section 140.4(a)3D. The DOAS shall comply with Section 140.4(a)3E; or. . iii. For office buildings in all climate zones and school buildings in climate zones 2, 4, and 6 8 through 16, the space- conditioning system shall be a variable air volume (VAV) system withThe space-conditioning system shall utilize heating supplied through a hot water loop served by an AWHP which that complies with Section 140.4(a)3C and the following: . The system shall be designed to operate with a water temperature leaving the AWHP that is no greater than 105 ºF. Ventilation systems shall include DCV in all zones. All airVentilation systems serving the space - conditioning system zones shall be equipped with a heat recovery system in compliance with Section 140.4(q). A hydronic recirculated-air heating system complying with Section 140.4(a)3F shall be used in climate zones 2 through 4 and 6 through 16.

a. F or Office buildings:

I. The portion of perimeter zone terminal unit heating capacity utilizing parallel fan-powered boxes complying with Section 140.4(a)3E shall be:
a. 100 percent in climate zones 1 through 6, and 16.
b. 25 percent in climate zones 7 through 15.

II. Ventilation systems in climate zones 1, 3, and 5 shall be equipped with a heat recovery system in compliance with Section 140.4(q).

III. The maximum allowed fan power in climate zones 3 and 5 shall be 15 percent lower than specified by Section 140.4(c)1.
b. For school buildings:

I. All perimeter zone terminal units shall be parallel fan-powered boxes complying with Section 140.4(a)3E.

II. Ventilation systems in climate zones 2, 4, and 11 through 16 shall be equipped with a heat recovery system in compliance with Section 140.4(q).

III. The maximum allowed fan power in climate zone 2 shall be 15 percent lower than specified by Section 140.4(c)1.

IV. The design leaving water temperature of the heating loop shall be no greater than 120°F in climate zone

2. iv. The space conditioning system shall be a dual-fan dual-duct (DFDD) system with hot and cold decks each served by separate fan systems,. and:
a. When required by Section 140.4(e), economizers shall be located on the cold deck,

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2025 Building Energy Efficiency Standards Page 3
b. The hot deck shall supply 100% return air, except outdoor air may be supplied as required to supplement the cold deck to maintain the design minimum outdoor air rate, c. The hot deck heating source shall be a heat pump, and d. The DFDD and DFDD terminal unit control sequence shall comply with ASHRAE Guideline 36. v. A space -conditioning system determined by the Executive Director to use no more energy than the systems specified in Section 140.4(a)3.

B. School buildings. The space conditioning system shall be four-pipe fan coil (FPFC) terminal units with a DOAS providing ventilation to all zones served by the space -conditioning system. The FPFC hot water coils shall be supplied by an air-to- water heat pump (AWHP) space-heating hot water loop which complies with Section 140.4(a)3C. Indoor fans shall meet the requirements of Section 140.4(a)3D. The DOAS shall comply with Section 140.4(a)3E.Reserved

C. AWHP space-heating hot water loop. Air-source heat pumpsAWHPs used to comply with the requirements of Section 140.4(a)3Ai, or 140.4(a)3Aii, 140.4(a)3Aiii, or 140.4(a)3B, when used for space-heating hot water shall meet the following requirements:
i. The minimum efficiency requirements specified in Table 110.2-J, ii. The design water temperature leaving the AWHP shall not be greater than the leaving water temperature at which the installed product is ratedhave a rated heating COP of not less than 3.29 when the outdoor air temperature is 47°F dry-bulb and 43°F wet‑bulb at a leaving water temperature not less than the design supply water temperature of the hot water loop. If chilled water produced by an AWHP is used for space-cooling then it the heat recovery system shall comply with Section 140.4(s), and only be used when the AWHP is simultaneously supplying space-heating hot water equal to the AWHP's space-heating hot water demand. The loop fluid volume shall not be less than 8 gallons per nominal ton of heating capacity of the loop., and
iii. Supplemental heating shall be provided by an electric resistance boiler with a capacity of not greater than 50 percent the following percentage of the design space-heating hot water loop heating capacity:. a. For systems complying with Section 140.4(a)3Aii and Section 140.4(a)3B shall not be greater than 50%. b. For systems complying with Section 140.4(a)3Aiii:

I. In climate zone 16, shall not be greater than 5%,
II. In climate zone 11, shall not be greater than 10%,
III. In climate zones 1, 2, 4, 12, and 14, shall not be greater than 15%, IV. In climate zones 5, shall not be greater than 20%,

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V. In climate zones 3, shall not be greater than 25%,
VI. In climate zones 13, shall not be greater than 30%, VII. In climate zones 6 through 10 and 15, shall not be greater than 50%.

Supplemental heating shall be an electric resistance boiler with a capacity of not greater than 50% of the design hot water loop heating capacity.

D. Indoor fans. Indoor fans used to comply with the requirements of Section 140.4(a)3Ai, or 140.4(a)3Aii, or 140.4(a)3B, shall have an energy consumptiona maximum fan power of at design airflow of not greater than 0.35 W/cfm at design airflow, shall have not less than three speeds, and shall turn off when there is no demand for heating or cooling in the space. At 66 percent air flow the power draw shall be no more than 51 percent of the fan power at full fan speed, and at 33 percent air flow the power draw shall be no more than 12 percent of the fan power at full fan speed.

E. DOAS. DOAS used to comply with the requirements of Section 140.4(a)3Ai, or 140.4(a)3Aii, or 140.4(a)3B, shall comply with Section 140.4(p), shall be equipped with a heat recovery system in compliance with Section 140.4(q), and shall have a maximum fan energy consumptionpower at design airflow of 0.77 W/cfm at design airflow. DOAS units that provide active Hheating andor cooling for DOAS shall meet one of the following requirements:

i. For hydronic heating or cooling:
a. DOAS heating coils shall be hydronic heating coils utilizing the AWHP space-heating hot water loop. b. DOAS cooling coils shall be hydronic cooling coils utilizing space-cooling chilled water loop. ii. Other heating or cooling shall be provided by a heat pump. Electric resistance heating shall not be used. iii. If heating coils on the DOAS are included, they shall be hydronic heating coils utilizing the AWHP space-heating hot water loop. If cooling coils are included on the DOAS, they shall be hydronic cooling coils utilizing space- cooling chilled water.

EXCEPTION to Section 140.4(a)3E:- If an AWHP space-heating hot water loop is not included in the design, or space- cooling chilled water is not included in the design, DOAS heating and cooling shall be supplied by heat pump coils.

F. Hydronic Recirculated Air Heating System. Hydronic Parallel fan-powered boxes used to comply with Section 140.4(a)3Aiii shall use Rrecirculated Air Heating Systems used to comply with the requirements of Section 140.4(a)3Aiii shall be parallel fan powered boxes, or single zone systems that use only recirculated air from the zone or plenums as supply air when in heating mode. The systems shall use hydronic coils supplied by the AWHP space -heating hot water

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2025 Building Energy Efficiency Standards Page 5
loop. Fans shall cycle on only when there is a demand for heating and shall have a maximum fan power not greaterof than 0.3 W/cfm at design airflow. Systems Terminal units providing ventilation air shall be set to their no greater than the minimum position ventilation rate when there is a demandthe zone is in deadband or in for heating mode.

G. A space -conditioning system determined by the Executive Director to use no more energy than the systems specified in Section 140.4(a)3.
[Skipping Section 140.4(b) through Exception 7 to Section 140.4(e)1] Exception 8 to Section 140.4(e)1: Systems complying with S ections 140.4(a)3Ai, or 140.4(a)3Aii, or 140.4(a)3B.

[Skipping TABLE 140.4-E through Section 141.0(b)2C]

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SUBCHAPTER 6
NONRESIDENTIAL, AND HOTEL/MOTEL OCCUPANCIES—ADDITIONS, ALTERATIONS, AND

REPAIRS
Table 141.0-E-1 – NEW OR REPLACEMENT SINGLE ZONE AIR CONDITIONER OR HEAT PUMP REQUIREMENT Building Type CZ 1 CZ 2 CZ 3 CZ 4 CZ 5 CZ 6 CZ 7 CZ 8 CZ 9 CZ 10 CZ 11 CZ 12 CZ 13 CZ 14 CZ 15 CZ 16 Retail and
grocery NR SZHP1 or
SZAC1NR
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP1 or
SZAC1NR
SZHP or
SZAC13 NR
School SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC12
SZHP or
SZAC1
SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC12 NR
Office, financial
institution NR SZHP1or
SZAC1NR
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC12
SZHP or
SZAC1
SZHP or
SZAC1
SZHP1 or
SZAC1NR
SZHP or
SZAC12 NR
Library SZHP or
SZAC1
SZHP1 or
SZAC1NR
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC1
SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC12
SZHP or
SZAC12 NR
Footnotes to Table 141.0-E-01
• SZHP – Single Zone Heat Pump + Economizer in accordance with Section 140.4(e) • SZAC – Single Zone Air Conditioner with furnace, or Dual Fuel Heat Pump • SZAC1 – Single Zone Air Conditioner with furnace + Economizer, or Dual Fuel Heat Pump + Economizer • SZAC12 – Single Zone Air Conditioner with furnace + Economizer + Variable Speed Fan + Economizer in accordance with Section 140.4(e), or Dual Fuel Heat Pump + Economizer + Variable Speed Fan Demand Controlled Ventilation+ Economizer in accordance with Section 140.4(e) • SZAC3 – Single Zone Air Conditioner with furnace + Economizer + Variable Frequency Drive • SZHP1 – Single Zone Heat Pump + Economizer
• NR – No Requirement
[Skipping Exception to Section 141.0(b)2Cii through Section 141.1]

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2025 Building Energy Efficiency Standards Page 1
SECTION 150.1 – PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES FOR SINGLE-FAMILY

RESIDENTIAL BUILDINGS
SUBCHAPTER 8

SINGLE-FAMILY RESIDENTIAL BUILDINGS - PERFORMANCE AND

PRESCRIPTIVE COMPLIANCE APPROACHES
[Skipping Section 150.0 through Section 150.1(a)]
SECTION 150.1 – PERFORMANCE AND PRESCRIPTIVE COMPLIANCE APPROACHES FOR

SINGLE-FAMILY RESIDENTIAL BUILDINGS
(b) Performance approachstandards. A building complies with the performance approachstandards if the energy consumption calculated for the proposed design building is no greater than the energy budget calculated for the standard design building using Commission-certified compliance software as specified by Section 10-109(c) and Section 10-116the Alternative Calculation Methods Approval Manual.

1. Newly constructed buildings.Energy budget. The eEnergy bBudget for newly constructed buildings is expressed in terms of the Energy Design Ratings, which are based on Ssource Eenergy, and Long-Term System Cost (LSC).time-dependent valuation (TDV) energy.

A. Long-term System Cost (LSC) The LSC energy budget is determined by applying the mandatory and prescriptive requirements of the standard design to the proposed design building and has two components, the Efficiency LSC and the Total LSC. i. The Efficiency LSC energy is the sum of the LSC energy for space-conditioning, water heating, and mechanical ventilation, and the self-utilization credit. ii. The Total LSC energy is the sum of the Efficiency LSC energy and LSC energy from the photovoltaic system, battery energy storage systems (BESS), lighting, demand flexibility, and other plug loads.
[S
kipping Section 150.1(b)1B through Section 150.2]

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2025 Building Energy Efficiency Standards Page 1
SECTION 160.3 – MANDATORY REQUIREMENTS FOR SPACE CONDITIONING SYSTEMS IN MULTIFAMILY

BUILDINGS
SUBCHAPTER 10
MULTIFAMILY BUILDINGS—MANDATORY REQUIREMENTS
[Skipping Section 160.0 through Section 160.3(b)5Lii]
L. System airflow rate and fan efficacy. Space-conditioning systems that utilize forced air ducts to supply cooling to an individual dwelling unit shall:
iii. Z
onally controlled central forced air systems. Zonally controlled central forced air cooling systems shall be capable of simultaneously delivering, in every zonal control mode, an airflow from the dwelling, through the air handler fan and delivered to the dwelling, of greater than or equal to 350 cfm per ton of nominal cooling capacity, and operating at an air-handling unit fan efficacy of less than or equal to the maximum W/cfm specified in Subsection a or b below. The airflow rate and fan efficacy requirements in this section shall be confirmed by field verification and diagnostic testing in accordance with the applicable procedures specified in Reference Residential Appendix RA3.3.
a. 0.45 W/cfm for gas furnace air-handling units.
b. 0.58 W/cfm for air-handling units that are not gas furnaces.

Exception 1 to Section 160.3(b)5Liii: Multispeed or variable speed compressor systems, or single speed compressor systems that utilize the performance compliance approach, shall with that incorporate controls that vary fan speed subject to with respect to the number of zones, calling as certified by the installer, may demonstrate compliance with the airflow (cfm/ton) and fan efficacy (watt/cfm) requirements of Section 160.3(b)5Liii by operating the system at maximum compressor capacity and system fan speed with all zones calling for conditioning, rather than in every zonal control mode.

Ex
ception 2 to Section 160.3(b)5Liii: Gas furnace air-handling units manufactured prior to July 3, 2019 shall comply with a fan efficacy value less than or equal to 0.58 w/cfm as confirmed by field verification and diagnostic testing in accordance with the procedures given in Reference Residential Appendix RA3.3.
[Skipping Section 160.3(b)5Liv through Section 160.8]

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2025 Building Energy Efficiency Standards Page 1
SUBCHAPTER 11

MULTIFAMILY BUILDINGS - PERFORMANCE AND PRESCRIPTIVE

COMPLIANCE APPROACHES
[Skipping Section 170.0]
SECTION 170.1 – PERFORMANCE APPROACH
A building complies with the performance approach if the energy budget calculated for the proposed design building under Subsection (b) is no greater than the energy budget calculated for the standard design building under Subsection (a). consumption calculated for the proposed design building is no greater than the energy budget calculated for the standard design building using Commission-certified compliance software as specified by Sections 10-109, 10-116 and the Alternative Calculation Method Reference Manual.
(a) Energy budget for the standard design building. The Energy budget is expressed in terms of Long-Term System Cost (LSC) and Source Energy:

1. Long-term System Cost (LSC). The LSC energy budget is determined by applying the mandatory and prescriptive requirements of the standard design to the proposed design building and has two components, the Efficiency LSC and the Total LSC.

A. The Efficiency LSC energy is the sum of the LSC energy for space-conditioning, water heating, and mechanical ventilation, lighting and the self-utilization credit.

B. The Total LSC energy is the sum of the Efficiency LSC energy and LSC energy from the photovoltaic system, battery energy storage systems (BESS), and lighting, demand flexibility, plug loads, and covered process loads.
[S
kipping Section 170.1(a)2 through 170.2]

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2025 Joint Appendices Appendix JA8-1
Appendix JA8 – Qualification Requirements for High Luminous Efficacy Light Sources Joint Appendix JA8
Appendix JA8 – Qualification Requirements for High
Luminous Efficacy Light Sources
[Skipping Section JA8.1 through Section JA8.4.6]
JA8.5 Marking
Light sources meeting the requirements of this Appendix shall be marked with “JA8-2025” to indicate their compliance with the criteria of this Appendix. Light sourcesLamps that have passed the Elevated Temperature Life Test specified in the ENERGY STAR Product Specificationin Section

8.9 Lamps Version 2.1, or that have passed the rated life test specified in the ENERGY STAR Product Specification for Luminaires Version 2.1, the “time to failure ” portion of the federal test procedures specified in Appendix BB to Subpart B of 10 CFR 430 (2018) with a rated life of 15,000 hours or greater when the ambient temperature for the test is maintained at 45 °C ± 5°C tolerance or at a manufacturer-selected temperature higher than 45 °C with ± 5°C tolerance shall instead be marked with “JA8-2025-E” to indicate that they comply with this Appendix and may additionally be installed in elevated temperature applications such as enclosed fixtures. Light sources that do not comply with this Appendix shall not be marked with “JA8-2025” or “JA8-2025-E”. [
Skipping Section JA8.6 through Section JA8.8]

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Appendix JA8-2 2025 Joint Appendices
Appendix JA8 – Qualification Requirements for High Luminous Efficacy Light Sources JA8.9 Elevated Temperature Life Test (ETLT) Method
JA8.9.1 Methods of Measurement and Reference Documents
A. IES LM-65, Approved Method: Life Testing of Single-Based Fluorescent Lamps B. IES LM-79, Optical and Electrical Measurements of Solid State Lighting Products JA8.9.2 Test Setup
A. Test Setup and Instrumentation: Test setup and instrumentation for the lamp operation portions of this procedure shall be in accordance with the requirements of IES LM-79, unless otherwise noted in this document. In the event of conflicting requirements, the requirements of Section JA8.9 shall take precedence.

B. Lamp Seasoning and Pre-burning: LED lamps shall not be seasoned.

C. Input Power for Photometric Measurements: During the stabilization and photometric testing of products intended to be powered from AC mains, the product shall be connected to a voltage source that meets the requirements in IES LM-79 as applicable.

D. Input Power During Aging: During the product on time between photometric measurement points, products intended to be powered from AC mains shall be connected to a voltage source that meets the requirements in IES LM-79. When selecting a power supply for use with integrated lamps, it is necessary to apply the appropriate power factor when specifying the volt-amp capacity of the power supply.

E. Ambient Temperature: Ambient temperature shall be as stated in the specification for the duration of the test. Temperature measurements shall be taken using a temperature measurement device consisting of a thermocouple junction or resistance temperature detector (RTD) probe combined with an appropriate meter. Thermocouples or probes shall be chosen to ensure accuracy within the test temperature range.

F. Power Meter: Power meters shall be capable of measuring to the appropriate requirements of IES LM-79 as applicable.

G. Environmental Conditions: The test environment shall be clean and free from large amounts of dust and moisture. During the lamps’ ON cycle, drafts shall be minimized.

H. Sample Selection: Samples shall be representative of the manufacturer’s typical product.

The samples shall be clean and thoroughly inspected before testing. Any flaws or inconsistencies in the lamp samples shall be noted.

JA8.9.3 Test Conduct
A. Photometric Measurements

1. For integrating sphere measurements, refer to IES-LM-79 as applicable.

2. For non-integrating sphere measurements, the photodetector used for photometric measurements shall be a silicon detector corrected to closely fit the Commission Internationale de l’Eclairage (CIE) spectral luminous efficiency curve (V λ). For integrating sphere measurements, see IES-LM-79 as applicable.

B. Lamp Monitoring

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2025 Joint Appendices Appendix JA8-3
Appendix JA8 – Qualification Requirements for High Luminous Efficacy Light Sources The lamps shall be monitored for continuous operation in accordance with IES LM-65, section

6.5. C. Operating Cycle
For LED lamps the operation of lamps shall be continuous.

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2025 Joint Appendices Appendix JA13-1
Appendix JA13 – Qualification Requirements for Heat Pump Water Heater Demand Management System
Joint Appendix JA13
Appendix JA13 – Qualification Requirements for Heat Pump Water Heater Demand Management Systems

[Skipping JA 13.1 through JA 13.3.1]

JA13.3.2 Minimum Performance Requirements
The installed System shall meet or exceed the following performance specifications:
(a) Efficiency: meet all requirements of version 7.08.0 of the Northwest Energy Efficiency Alliance (NEEA) Advanced Water Heater Specification Tier 3 or higher, excluding Appendix A.

[Skipping JA 13.3.2(b) through JA 13.4]

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/31/24/22/16/i255/29/8/19/3/i255/26/22/16/7/17/16/16/3/16/i255/14/24/3/i255/19/3/13/3/12/8/9/i255/16/14/3/29/16/i255/14/24/8/14/i255/2/1/16/14/i255/9/1/7/8/9/i255/19/1/11/3/12/13/2/3/13/14/16 /27/22/9/9/i255/34/1/9/9/1/27/i255/14/1/i255/26/3/11/3/9/1/29/i255/8/13/26/i255/8/26/1/29/14/i255/8/i255/12/3/8/7/24/i255/7/1/26/3/35 /36/37/38/37/39/40/41/i255/43/44/37/45/i255/46/40/47/i255/45/i255/47/37/45/48/49/i255/48/40/44/37 /50/26/3/8/16/i255/34/1/12/i255/12/3/8/7/24/i255/7/1/26/3/16/i255/7/8/13/i255/7/1/2/3/i255/34/12/1/2/i255/16/3/11/3/12/8/9/i255/29/9/8/7/3/16/35/i255/50/13/i255/16/1/2/3/i255/7/8/16/3/16/33 /9/1/7/8/9/i255/19/1/11/3/12/13/2/3/13/14/16/i255/2/8/20/i255/24/8/11/3/i255/7/9/3/8/12/i255/26/22/12/3/7/14/22/1/13/i255/34/12/1/2/i255/8/13/i255/3/9/3/7/14/3/26/i255/51/1/26/20/33 /34/12/1/2/i255/8/i255/10/3/13/3/12/8/9/i255/21/9/8/13/i255/29/1/9/22/7/20/33/i255/1/12/i255/34/12/1/2/i255/8/i255/25/9/22/2/8/14/3/i255/28/7/14/22/1/13/i255/21/9/8/13/i255/2/3/8/16/17/12/3/35 /18/11/3/13/i255/27/24/3/13/i255/8/i255/12/3/8/7/24/i255/7/1/26/3/i255/22/26/3/8/i255/22/16/i255/13/1/14/i255/7/9/3/8/12/9/20/i255/16/14/8/14/3/26/33/i255/10/3/13/3/12/8/9/i255/21/9/8/13/16/i255/8/13/26 /25/9/22/2/8/14/3/i255/28/7/14/22/1/13/i255/21/9/8/13/16/i255/8/12/3/i255/19/1/1/26/i255/16/14/8/12/14/22/13/19/i255/29/9/8/7/3/16/i255/14/1/i255/24/3/9/29/i255/22/26/3/13/14/22/34/20/i255/27/24/8/14 /52/22/13/26/16/i255/1/34/i255/3/53/1/12/14/16/i255/27/22/9/9/i255/51/3/i255/2/1/16/14/i255/7/1/13/16/22/16/14/3/13/14/i255/27/22/14/24/i255/8/i255/32/17/12/22/16/26/22/7/14/22/1/13/54/16/i255/19/1/8/9/16/i255/8/13/26 /1/51/32/3/7/14/22/11/3/16/35
/25/22/14/22/3/16/i255/8/13/26/i255/14/1/27/13/16/i255/2/8/20/i255/8/9/16/1/i255/27/8/13/14/i255/14/1/i255/7/1/1/12/26/22/13/8/14/3/i255/27/22/14/24/i255/13/3/22/19/24/51/1/12/22/13/19 /32/17/12/22/16/26/22/7/14/22/1/13/16/54/i255/3/53/1/12/14/16/i255/22/13/i255/1/12/26/3/12/i255/14/1/i255/29/12/1/11/22/26/3/i255/16/1/2/3/i255/7/1/13/16/22/16/14/3/13/7/20/i255/14/1/i255/24/3/9/29 /27/22/14/24/i255/22/2/29/9/3/2/3/13/14/8/14/22/1/13/i255/8/13/26/i255/3/13/34/1/12/7/3/2/3/13/14/35/i255/55/1/26/3/9/i255/1/12/26/22/13/8/13/7/3/16/33/i255/22/34/i255/14/24/3/20

9.1 Attachment 2 - Reach Codes Process by BayREN

195

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/35/36/37/38/i255/40/41/42/43/i255/44/42/45/38/46/43/36/47/48/46/37/44 /49/11/15/8/15/0/7/0/11/4/i255/50/2/4/13/i255/3/4/8/51/0/13/12/34/16/0/14/3/i255/2/3/i255/0/3/3/0/11/4/2/8/34/i255/4/13/14/12/17/15/13/12/17/4/i255/4/13/0/i255/14/0/8/18/13 /18/12/16/0/i255/16/0/52/0/34/12/33/7/0/11/4/i255/33/14/12/18/0/3/3/19/i255/53/12/4/13/i255/2/11/4/0/14/11/8/34/i255/3/4/8/51/0/13/12/34/16/0/14/3/5/i255/34/2/51/0/i255/34/12/18/8/34 /15/12/52/0/14/11/7/0/11/4/i255/3/4/8/54/i255/8/11/16/i255/12/55/18/2/8/34/3/5/i255/8/11/16/i255/0/1/4/0/14/11/8/34/i255/3/4/8/51/0/13/12/34/16/0/14/3/5/i255/34/2/51/0/i255/34/12/18/8/34 /16/0/52/0/34/12/33/0/14/3/5/i255/11/0/0/16/i255/4/12/i255/10/0/i255/18/12/11/3/2/16/0/14/0/16/19 /56/0/9/i255/3/4/8/51/0/13/12/34/16/0/14/3/i255/2/11/18/34/17/16/0/5/i255/10/17/4/i255/8/14/0/i255/11/12/4/i255/34/2/7/2/4/0/16/i255/4/12/57 /58/41/59/48/i255/36/37/i255/36/60/42/45/41/59/i255/45/i255/61/36/44/42/62/46/63/46/61/42/41/64/46/59/46/44/44/i255/44/42/65/48/66 /67/34/34/i255/14/0/8/18/13/i255/18/12/16/0/3/i255/7/17/3/4/i255/10/0/i255/3/13/12/50/11/i255/4/12/i255/10/0/i255/18/12/3/4/i255/0/54/0/18/4/2/52/0/19/i255/68/12/i255/10/0/i255/18/12/3/4 /0/54/0/18/4/2/52/0/5/i255/4/13/0/i255/7/12/11/0/9/i255/3/8/52/0/16/i255/32/14/12/7/i255/4/13/0/i255/14/0/16/17/18/0/16/i255/0/11/0/14/15/9/i255/18/12/3/4/3/i255/11/0/0/16/3/i255/4/12 /10/0/i255/0/11/12/17/15/13/i255/4/12/i255/18/12/52/0/14/i255/4/13/0/i255/2/11/2/4/2/8/34/i255/18/12/3/4/i255/50/2/4/13/2/11/i255/8/i255/14/0/8/3/12/11/8/10/34/0/i255/33/0/14/2/12/16/i255/12/32 /4/2/7/0/19/i255/69/12/3/4/i255/0/54/0/18/4/2/52/0/11/0/3/3/i255/2/3/i255/17/3/17/8/34/34/9/i255/16/0/7/12/11/3/4/14/8/4/0/16/i255/4/13/14/12/17/15/13/i255/8/i255/3/4/17/16/9 /33/14/0/33/8/14/0/16/i255/10/9/i255/8/i255/18/12/11/3/17/34/4/8/11/4/19 /70/12/18/8/34/i255/15/12/52/0/14/11/7/0/11/4/3/i255/61/45/59/i255/65/44/46/i255/45/59/66/i255/44/42/65/48/66/i255/4/13/8/4/i255/8/33/33/34/2/0/3/i255/4/12/i255/4/13/0/i255/18/34/2/7/8/4/0 /71/12/11/0/i255/2/11/i255/50/13/2/18/13/i255/4/13/0/i255/72/17/14/2/3/16/2/18/4/2/12/11/i255/2/3/i255/34/12/18/8/4/0/16/19/i255/73/74/75/76/77/i255/29/30/22/i255/78/29/30/25/i255/31/79/75/80/81/22/24/i255/82/29/76/24 /19/83
/67/i255/18/12/3/4/84/0/54/0/18/4/2/52/0/11/0/3/3/i255/3/4/17/16/9/i255/18/8/11/i255/10/0/i255/32/17/11/16/0/16/i255/16/2/14/0/18/4/34/9/i255/10/9/i255/8/i255/18/2/4/9/5/i255/10/17/4/i255/7/12/3/4 /3/4/17/16/2/0/3/i255/8/14/0/i255/16/0/52/0/34/12/33/0/16/i255/17/11/16/0/14/i255/4/13/0/i255/8/17/3/33/2/18/0/3/i255/12/32/i255/4/13/0/i255/20/4/8/4/0/50/2/16/0/i255/85/11/52/0/3/4/12/14 /86/50/11/0/16/i255/87/4/2/34/2/4/2/0/3/i255/69/12/16/0/3/i255/8/11/16/i255/20/4/8/11/16/8/14/16/3/i255/68/0/8/7/i255/73/20/4/8/4/0/50/2/16/0/i255/85/86/87/i255/68/0/8/7/83 /8/11/16/i255/32/17/11/16/0/16/i255/10/9/i255/14/8/4/0/33/8/9/0/14/i255/32/17/11/16/3/19 /49/34/0/18/4/0/16/i255/12/55/18/2/8/34/3/88
/53/17/2/34/16/2/11/15/i255/86/55 /18/2/8/34/i255/8/11/16/i255/10/17/2/34/16/2/11/15/i255/16/0/33/8/14/4/7/0/11/4/i255/3/4/8/54/88 /67/11/9/i255/12/4/13/0/14/i255/3/4/8/54/i255/50/13/12/i255/50/2/34/34/i255/10/0/i255/2/11/52/12/34/52/0/16/i255/2/11/i255/2/7/33/34/0/7/0/11/4/2/11/15/i255/8/11/16 /0/11/32/12/14/18/2/11/15/i255/4/13/0/i255/14/0/8/18/13/i255/18/12/16/0 /88
/70/12/18/8/34/i255/16/0/52/0/34/12/33/0/14/3/i255/8/11/16/i255/18/12/11/4/14/8/18/4/12/14/3/88 /49/11/52/2/14/12/11/7/0/11/4/8/34/i255/8/16/52/12/18/8/18/9/i255/15/14/12/17/33/3/88 /49/11/0/14/15/9/i255/18/12/16/0/i255/18/12/11/3/17/34/4/8/11/4/3/88 /89/0/3/2/16/0/11/4/3/i255/8/11/16/i255/13/12/7/0/12/50/11/0/14/3/90/i255/8/3/3/12/18/2/8/4/2/12/11/3/88 /89/0/33/14/0/3/0/11/4/8/4/2/52/0/3/i255/12/32/i255/0/91/17/2/4/9/i255/33/14/2/12/14/2/4/9/i255/18/12/7/7/17/11/2/4/2/0/3/i255/8/11/16/i255/18/12/7/7/17/11/2/4/9 /10/8/3/0/16/i255/12/14/15/8/11/2/71/8/4/2/12/11/3
/88
/92

9.1 Attachment 2 - Reach Codes Process by BayREN

196

/0/1/2/i255/4/5/6/i255/7/6/8/i255/4/1/9/10/11/12/13/12/4/10/14/15/12/6/12/9/9/i255/9/10/2/8/14/12/9/i255/10/16/5/10/i255/16/5/15/12/i255/17/12/12/6/i255/4/1/18/19/20/12/10/12/8 /10/16/21/1/2/22/16/23
/24/25/i255/26/1/2/i255/8/1/6/27/10/i255/7/6/8/i255/5/i255/9/10/2/8/26/i255/1/6/i255/5/6/i255/14/10/12/18/i255/26/1/2/21/i255/28/2/21/14/9/8/14/4/10/14/1/6/i255/6/12/12/8/9/29/i255/26/1/2/i255/4/5/6 /21/12/30/2/12/9/10/i255/5/i255/4/1/9/10/i255/12/13/12/4/10/14/15/12/6/12/9/9/i255/9/10/2/8/26/i255/25/21/1/18/i255/10/16/12/i255/31/10/5/10/12/32/14/8/12/i255/24/33/34/i255/35/12/5/18/i255/17/26 /12/18/5/14/20/14/6/22/23/i255/36/37/38/39/40/41/39/42/43/44/45/37/46/47/48/49/50/39/51/46/52/53/42/39/54/55/i255/24/25/i255/10/16/12/i255/31/10/5/10/12/32/14/8/12/i255/24/33/34/i255/35/12/5/18 /4/5/6/6/1/10/i255/5/4/4/1/18/18/1/8/5/10/12/i255/5/i255/20/1/4/5/20/i255/22/1/15/12/21/6/18/12/6/10/27/9/i255/21/12/30/2/12/9/10/29/i255/56/5/26/57/58/59/i255/18/5/26/i255/17/12 /5/17/20/12/i255/10/1/i255/25/2/6/8/i255/5/i255/4/1/9/10/11/12/13/12/4/10/14/15/12/6/12/9/9/i255/9/10/2/8/26/55/i255/60/1/6/10/5/4/10/i255/42/39/51/46/52/40/61/43/49/47/46/37/53/39/47/48 /25/1/21/i255/18/1/21/12/i255/14/6/25/1/21/18/5/10/14/1/6/55 /62/63/64/63/65/66/67/i255/69/70/71/i255/71/72/69/73/74/i255/69/70/i255/66/72/71/75/70/69/70/76/63 /35/16/12/i255/4/1/9/10/11/12/13/12/4/10/14/15/12/6/12/9/9/i255/9/10/2/8/26/i255/10/12/20/20/9/i255/32/16/5/10/i255/18/12/5/9/2/21/12/9/i255/18/5/26/i255/17/12/i255/20/12/22/5/20/20/26 /21/12/30/2/14/21/12/8/i255/5/9/i255/19/5/21/10/i255/1/25/i255/5/i255/21/12/5/4/16/i255/4/1/8/12/29/i255/17/2/10/i255/10/16/12/i255/21/12/5/4/16/i255/4/1/8/12/i255/1/21/8/14/6/5/6/4/12/i255/14/10/9/12/20/25 /9/10/14/20/20/i255/6/12/12/8/9/i255/10/1/i255/17/12/i255/8/12/15/12/20/1/19/12/8/55/i255/33/21/8/14/6/5/6/4/12/9/i255/1/25/10/12/6/i255/14/6/4/20/2/8/12/i255/14/6/25/1/21/18/5/10/14/1/6/i255/1/6/23 /33/25/10/12/6/29/i255/5/i255/22/1/1/8/i255/32/5/26/i255/10/1/i255/9/10/5/21/10/i255/32/16/12/6/i255/8/12/15/12/20/1/19/14/6/22/i255/5/6/i255/1/21/8/14/6/5/6/4/12/i255/14/9/i255/17/26 /20/1/1/77/14/6/22/i255/5/10/i255/5/i255/18/1/8/12/20/i255/1/21/8/14/6/5/6/4/12/i255/1/21/i255/5/6/i255/1/21/8/14/6/5/6/4/12/i255/5/8/1/19/10/12/8/i255/17/26/i255/5/6/1/10/16/12/21 /28/2/21/14/9/8/14/4/10/14/1/6/55/i255/35/16/14/9/i255/4/5/6/i255/10/16/12/6/i255/17/12/i255/21/12/15/14/12/32/12/8/i255/5/6/8/i255/4/2/9/10/1/18/14/78/12/8/i255/5/9/i255/6/12/12/8/12/8/55 /79/12/15/12/20/1/19/14/6/22/i255/5/i255/21/12/5/4/16/i255/4/1/8/12/i255/1/21/8/14/6/5/6/4/12/i255/32/14/20/20/i255/25/21/12/30/2/12/6/10/20/26/i255/14/6/15/1/20/15/12/i255/32/1/21/77/14/6/22 /32/14/10/16/i255/10/16/12/i255/60/14/10/26/i255/80/10/10/1/21/6/12/26/29/i255/10/16/12/i255/60/16/14/12/25/i255/56/2/14/20/8/14/6/22/i255/33/81 /4/14/5/20/29/i255/10/16/12/i255/82/20/5/6/6/14/6/22 /79/14/21/12/4/10/1/21/29/i255/5/6/8/i255/1/10/16/12/21/i255/4/14/10/26/i255/9/10/5/13/i255/32/16/1/i255/18/5/26/i255/17/12/i255/14/6/15/1/20/15/12/8/i255/14/6/i255/14/18/19/20/12/18/12/6/10/14/6/22 /1/21/i255/12/6/25/1/21/4/14/6/22/i255/10/16/12/i255/21/12/5/4/16/i255/4/1/8/12/55 /50/43/44/36/38/39/47/37/36/43/i255/45/37/46/47/48/49/i255/50/39/51/46/52/i255/84/i255/85/86/43/37/51/43/47/51/52/87/i255/88/46/52/39/89/47/42/46/52/90 /91 /50/43/44/36/38/39/47/37/36/43/i255/45/37/46/47/48/49/i255/50/39/51/46/52/i255/84/i255/85/86/43/37/51/43/47/51/52/87/i255/50/39/52/86/i255/45/92/46/42/86/36/93/46/37/46/52/52 /45/94/95/44/39/47/46/47
/90
/91
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/90
/57/12/20/12/15/5/6/10/i255/8/12/7/6/14/10/14/1/6/9/i255/5/6/8/i255/14/6/10/12/21/19/21/12/10/5/10/14/1/6/9/90 /80/6/26/i255/5/8/8/14/10/14/1/6/5/20/i255/5/8/18/14/6/14/9/10/21/5/10/14/15/12/i255/21/12/30/2/14/21/12/18/12/6/10/9/90

9.1 Attachment 2 - Reach Codes Process by BayREN

197

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/28/6/i255/18/5/5/4/10/4/2/6/26/i255/19/2/23/18/19/i255/7/2/3/12/1/6/15/12/6/10/13/i255/23/18/6/i255/18/13/21/i255/10/17/12/i255/29/18/19/4/14/2/1/6/4/18/i255/30/6/12/1/7/24 /29/2/15/15/4/13/13/4/2/6/i255/10/2/i255/1/12/3/4/12/22/i255/18/i255/5/1/18/14/10/i255/2/1/5/4/6/18/6/23/12/i255/18/6/5/i255/9/1/2/3/4/5/12/i255/14/12/12/5/16/18/23/21 /16/12/14/2/1/12/i255/2/1/i255/18/10/i255/10/17/12/i255/13/10/18/1/10/i255/2/14/i255/10/17/12/i255/9/11/16/19/4/23/i255/9/1/2/23/12/13/13/26/i255/13/2/i255/10/17/18/10/i255/18/6/24/i255/4/13/13/11/12/13/i255/23/18/6/i255/16/12 /1/12/13/2/19/3/12/5/i255/16/12/14/2/1/12/i255/10/17/12/i255/2/1/5/4/6/18/6/23/12/i255/4/13/i255/18/5/2/9/10/12/5/27 /31/32/33/34/35/36/i255/38/39/40/36/41/42/42/i255/43/44/45/i255/39/41/46/35/42/35/40/44/42 /30/18/23/17/i255/47/11/1/4/13/5/4/23/10/4/2/6/i255/22/4/19/19/i255/17/18/3/12/i255/4/10/13/i255/2/22/6/i255/9/11/16/19/4/23/i255/9/1/2/23/12/13/13/i255/14/2/1/i255/18/i255/1/12/18/23/17/i255/23/2/5/12/27/i255/28/6 /13/2/15/12/i255/23/18/13/12/13/26/i255/47/11/1/4/13/5/4/23/10/4/2/6/13/i255/15/18/24/i255/17/18/3/12/i255/13/11/13/10/18/4/6/18/16/4/19/4/10/24/i255/23/2/15/15/4/10/10/12/12/13/i255/2/1 /23/19/4/15/18/10/12/i255/10/18/13/21/i255/14/2/1/23/12/13/i255/10/2/i255/22/2/1/21/i255/22/4/10/17/26/i255/22/17/4/19/12/i255/4/6/i255/2/10/17/12/1/i255/23/2/15/15/11/6/4/10/4/12/13/i255/10/17/12/i255/29/4/10/24 /29/2/11/6/23/4/19/i255/15/18/24/i255/22/4/13/17/i255/10/2/i255/5/1/4/3/12/i255/10/17/12/i255/9/1/2/23/12/13/13/27 /48/17/18/10/i255/22/4/19/19/i255/16/12/i255/13/4/15/4/19/18/1/i255/18/23/1/2/13/13/i255/47/11/1/4/13/5/4/23/10/4/2/6/13/i255/4/13/i255/10/17/18/10/26/i255/18/10/i255/10/17/4/13/i255/9/2/4/6/10/26/i255/10/17/12/i255/5/1/18/14/10 /2/1/5/4/6/18/6/23/12/i255/22/4/19/19/i255/16/12/23/2/15/12/i255/9/11/16/19/4/23/26/i255/2/14/10/12/6/i255/10/2/7/12/10/17/12/1/i255/22/4/10/17/i255/18/i255/13/10/18/49/i255/1/12/9/2/1/10/27 /50/2/23/18/19/i255/23/2/15/15/4/10/10/12/12/13/26/i255/1/12/13/4/5/12/6/10/13/26/i255/16/11/13/4/6/12/13/13/12/13/26/i255/18/6/5/i255/2/10/17/12/1/i255/13/10/18/21/12/17/2/19/5/12/1/13/i255/22/4/19/19 /18/19/19/i255/17/18/3/12/i255/10/17/12/i255/2/9/9/2/1/10/11/6/4/10/24/i255/10/2/i255/1/12/3/4/12/22/i255/10/17/12/i255/5/1/18/14/10/i255/18/6/5/i255/9/1/2/3/4/5/12/i255/23/2/15/15/12/6/10/13 /18/6/5/i255/13/11/7/7/12/13/10/i255/1/12/3/4/13/4/2/6/13/27/i255/28/6/i255/13/2/15/12/i255/23/18/13/12/13/26/i255/10/17/12/i255/5/1/18/14/10/i255/2/1/5/4/6/18/6/23/12/i255/15/18/24/i255/16/12 /1/12/3/4/13/12/5/i255/18/6/5/i255/1/12/19/12/18/13/12/5/i255/14/2/1/i255/18/i255/13/12/23/2/6/5/26/i255/2/1/i255/12/3/12/6/i255/10/17/4/1/5/26/i255/1/2/11/6/5/i255/2/14/i255/23/2/15/15/12/6/10/13/26 /11/6/10/4/19/i255/10/17/12/i255/2/1/5/4/6/18/6/23/12/i255/4/13/i255/1/12/18/5/24/i255/14/2/1/i255/14/2/1/15/18/19/i255/18/23/10/4/2/6/27 /51/40/39/52/43/34/i255/43/45/40/38/53/35/40/44/i255/38/39/40/36/41/42/42 /54/4/6/23/12/i255/18/i255/1/12/18/23/17/i255/23/2/5/12/i255/4/13/i255/18/i255/19/2/23/18/19/i255/2/1/5/4/6/18/6/23/12/26/i255/4/10/i255/4/13/i255/18/5/2/9/10/12/5/i255/16/24/i255/10/17/12/i255/29/4/10/24 /29/2/11/6/23/4/19/26/i255/55/2/22/6/i255/29/2/11/6/23/4/19/26/i255/2/1/i255/29/2/11/6/10/24/i255/56/2/18/1/5/i255/2/14/i255/54/11/9/12/1/3/4/13/2/1/13/i255/11/13/4/6/7/i255/10/17/12 /11/13/11/18/19/i255/9/1/2/23/12/5/11/1/12/i255/14/2/1/i255/19/2/23/18/19/i255/2/1/5/4/6/18/6/23/12/13/27 /55/17/4/13/i255/1/12/57/11/4/1/12/13/i255/9/11/16/19/4/23/i255/17/12/18/1/4/6/7/13/26/i255/9/11/16/19/4/23/i255/6/2/10/4/23/12/i255/4/6/i255/18/5/3/18/6/23/12/i255/2/14/i255/10/17/12/i255/9/11/16/19/4/23 /17/12/18/1/4/6/7/13/26/i255/18/6/5/i255/16/2/10/17/i255/18/i255/58/1/13/10/i255/1/12/18/5/4/6/7/i255/2/14/i255/10/17/12/i255/2/1/5/4/6/18/6/23/12/i255/18/6/5/i255/13/12/23/2/6/5 /1/12/18/5/4/6/7/i255/2/14/i255/10/17/12/i255/2/1/5/4/6/18/6/23/12/i255/18/10/i255/18/i255/9/11/16/19/4/23/i255/15/12/12/10/4/6/7/27/i255/54/2/15/12/i255/47/11/1/4/13/5/4/23/10/4/2/6/13/i255/15/18/24 /4/6/23/19/11/5/12/i255/12/4/10/17/12/1/i255/10/17/12/i255/58/1/13/10/i255/1/12/18/5/4/6/7/i255/2/1/i255/10/17/12/i255/13/12/23/2/6/5/i255/1/12/18/5/4/6/7/i255/2/14/i255/10/17/12 /2/1/5/4/6/18/6/23/12/i255/2/6/i255/18/i255/23/2/6/13/12/6/10/i255/18/7/12/6/5/18/27 /59/38/38/39/40/46/43/34/i255/33/60/i255/43/44/45/i255/61/34/35/44/62/i255/63/35/53/64/i255/42/53/43/53/41/i255/43/62/41/44/36/35/41/42 /65/43/34/35/66/40/39/44/35/43/i255/67/44/41/39/62/60/i255/65/40/52/52/35/42/42/35/40/44/i255/68/65/67/65/69 /70/6/23/12/i255/10/17/12/i255/19/2/23/18/19/i255/1/12/18/23/17/i255/23/2/5/12/i255/4/13/i255/18/5/2/9/10/12/5/26/i255/16/11/10/i255/16/12/14/2/1/12/i255/4/10/i255/23/18/6/i255/16/12/i255/12/6/14/2/1/23/12/5/26 /10/17/12/i255/2/1/5/4/6/18/6/23/12/i255/15/11/13/10/i255/16/12/i255/13/11/16/15/4/10/10/12/5/i255/10/2/i255/10/17/12/i255/29/30/29/27/i255/55/17/12/i255/29/30/29/i255/22/4/19/19/i255/3/12/1/4/14/24/i255/10/17/18/10

9.1 Attachment 2 - Reach Codes Process by BayREN

198

/0/1/2/i255/4/2/5/6/1/i255/6/7/8/2/i255/9/10/i255/5/0/i255/11/2/5/10/0/i255/5/10/i255/10/0/4/9/12/13/2/12/0/i255/5/10/i255/0/1/2/i255/14/5/11/9/15/7/4/12/9/5/i255/16/12/2/4/13/17/i255/14/7/8/2 /5/12/8/i255/0/1/2/12/i255/18/7/10/0/i255/0/1/2/i255/4/2/5/6/1/i255/6/7/8/2/i255/5/12/8/i255/5/6/6/2/18/0/i255/6/7/19/19/2/12/0/10/i255/7/12/i255/9/0/i255/15/7/4/i255/20/21/i255/8/5/17/10/22 /23/0/i255/0/1/2/i255/4/2/13/24/11/5/4/11/17/i255/10/6/1/2/8/24/11/2/8/i255/25/24/10/9/12/2/10/10/i255/19/2/2/0/9/12/13/i255/6/11/7/10/2/10/0/i255/0/7/i255/0/1/2/i255/2/12/8/i255/7/15/i255/0/1/2 /18/24/25/11/9/6/i255/6/7/19/19/2/12/0/i255/18/2/4/9/7/8/26/i255/0/1/2/i255/14/16/14/i255/27/9/11/11/i255/6/7/12/10/9/8/2/4/i255/0/1/2/i255/4/2/5/6/1/i255/6/7/8/2/22/i255/14/16/14 /10/0/5/28/i255/0/17/18/9/6/5/11/11/17/i255/18/4/2/10/2/12/0/i255/0/1/2/i255/5/18/18/11/9/6/5/0/9/7/12/26/i255/5/12/8/i255/14/7/19/19/9/10/10/9/7/12/2/4/10/i255/8/2/11/9/25/2/4/5/0/2 /5/12/8/i255/29/7/0/2/22/i255/30/7/6/5/11/i255/13/7/29/2/4/12/19/2/12/0/i255/10/0/5/28/i255/8/7/i255/12/7/0/i255/12/2/2/8/i255/0/7/i255/5/0/0/2/12/8/i255/0/1/9/10/i255/19/2/2/0/9/12/13/26 /25/24/0/i255/6/5/12/i255/27/7/4/31/i255/27/9/0/1/i255/14/16/14/i255/10/0/5/28/i255/0/7/i255/19/5/31/2/i255/5/4/4/5/12/13/2/19/2/12/0/10/i255/0/7/i255/6/5/11/11/i255/9/12/22 /32/7/i255/10/24/25/19/9/0/i255/5/i255/4/2/5/6/1/i255/6/7/8/2/i255/0/7/i255/0/1/2/i255/14/16/14/26/i255/5/i255/11/7/6/5/11/i255/13/7/29/2/4/12/19/2/12/0/i255/10/1/7/24/11/8/i255/6/4/2/5/0/2 /5/i255/33/34/35/i255/36/11/2/i255/27/9/0/1/i255/0/1/2/i255/15/7/11/11/7/27/9/12/13/i255/5/0/0/5/6/1/19/2/12/0/10/i255/5/12/8/i255/2/19/5/9/11/i255/9/0/i255/0/7/i255/37/5/12/24/0/5 /37/4/7/38/8/7/27/9/6/38/i255/5/0/i255/39/40/41/42/43/40/44/39/45/46/47/39/46/48/49/50/47/51/52/41/52/45/53/54/44/50/40/44/53/46/55/i255/5/12/8/i255/35/2/0/2/4/i255/56/0/4/5/9/0/i255/5/0 /57/52/43/52/45/44/58/43/45/40/49/43/51/52/41/52/45/53/54/44/50/40/44/53/46/55/22 /59/60/61/62/63/64/65/66/62/60/i255/68/69/62/61/70/62/66/71/i255/72/73/60/66/70/60/65/70/74/i255/59/64/75/75/62/74/74/62/64/66/i255/76/68/72/59/77 /23/11/11/i255/4/2/5/6/1/i255/6/7/8/2/10/i255/5/12/8/i255/7/0/1/2/4/i255/5/19/2/12/8/19/2/12/0/10/i255/0/7/i255/0/1/2/i255/14/5/11/9/15/7/4/12/9/5/i255/78/24/9/11/8/9/12/13 /56/0/5/12/8/5/4/8/10/i255/79/14/5/11/9/15/7/4/12/9/5/i255/14/7/8/2/i255/7/15/i255/80/2/13/24/11/5/0/9/7/12/10/26/i255/32/9/0/11/2/i255/81/82/83/i255/12/2/2/8/i255/0/7/i255/25/2/i255/36/11/2/8 /27/9/0/1/i255/0/1/2/i255/78/56/14/22/i255/84/12/2/i255/27/5/17/i255/0/7/i255/8/7/i255/0/1/9/10/i255/9/10/i255/0/7/i255/10/1/5/4/2/i255/0/1/2/i255/15/7/11/11/7/27/9/12/13/i255/8/7/6/24/19/2/12/0/10 /9/12/i255/5/12/i255/2/19/5/9/11/i255/0/7/i255/46/45/39/49/41/40/41/50/52/85/86/49/41/53/87/51/39/53/87/44/50/40/44/53/46/55/88 /23/0/0/5/6/1/19/2/12/0/i255/89/88/i255/14/7/29/2/4/i255/30/2/0/0/2/4/i255/0/7/i255/14/16/14/i255/76/90/64/91/66/61/64/60/70/i255/60/i255/73/92/75/93/61/60/73/92/94/77/95 /23/0/0/5/6/1/19/2/12/0/i255/81/88/i255/14/7/18/17/i255/7/15/i255/36/12/5/11/i255/56/0/5/28/i255/80/2/18/7/4/0/95 /23/0/0/5/6/1/19/2/12/0/i255/96/88/i255/14/7/18/17/i255/7/15/i255/10/9/13/12/2/8/i255/84/4/8/9/12/5/12/6/2/95 /23/0/0/5/6/1/19/2/12/0/i255/82/88/i255/56/24/18/18/11/2/19/2/12/0/5/11/i255/8/7/6/24/19/2/12/0/10/26/i255/10/24/6/1/i255/5/10/i255/13/24/9/8/2/10/i255/15/7/4 /5/18/18/11/9/6/5/12/0/10/i255/79/0/1/9/10/i255/9/10/i255/7/18/0/9/7/12/5/11/26/i255/25/24/0/i255/1/2/11/18/10/i255/9/11/11/24/10/0/4/5/0/2/i255/0/1/2/i255/5/8/7/18/0/2/8/i255/18/7/11/9/6/17/83 /95
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/95
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/95
/23/0/0/5/6/1/19/2/12/0/i255/96/88/i255/14/7/18/17/i255/7/15/i255/36/12/5/11/i255/56/0/5/28/i255/80/2/18/7/4/0/95 /23/0/0/5/6/1/19/2/12/0/i255/82/88/i255/14/7/18/17/i255/7/15/i255/10/9/13/12/2/8/i255/84/4/8/9/12/5/12/6/2/95

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TO: Sofia Mangalam, City of Foster City FROM: Michelle Mann and Leila Silver, ID360 CC: Melanie Jacobson, ID360 DATE: June 25, 2024 SUBJECT: Energy Reach Code & Green Building Code Considerations EXECUTIVE SUMMARY This memo was developed to provide policy information to the City of Foster City on energy and green building reach code approaches. The measures explored here are a cumulation of policies mentioned in the City’s 2015 Climate Action Plan, Sustainable Foster City strategy, and direction from city staff. This memo examines the following topics to support the City’s sustainability goals: 1. Energy reach code approaches for the remaining 2022 code cycle with discussions on upcoming amendments in the 2025 code cycle. 2. Summaries of additional green building reach code measures discussed in Council meetings that the City may consider, along with jurisdictional trends related to each item. 3. An overview of the proposed 2025 California Energy Code and CALGreen provisions. Consult with Legal Counsel Because of recent federal court rulings rejecting a Berkeley ordinance prohibiting natural gas connections in new construction, uncertainty now exists regarding the enforceability of laws that severely restrict the use of gas appliances. ID360 does not employ attorneys, and we are not qualified to evaluate which policies might trigger legal challenges. The policy analysis we provide is based on publicly available information. Before adopting policies or laws in this area, we recommend government entities consult their attorneys to consider the latest legal developments in this area.

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BACKGROUND The City of Foster City is committed to being a leader in environmental sustainability and has adopted a local Climate Action Plan (CAP). The Climate Action Plan outlines measures to address the emissions targets from different sectors. The measures are a cumulation of policies proposed over time from sources such as the Sustainability Action Plan, The General Plan, and the Sustainable Foster City Plan. To accomplish the goals set by the CAP, the City is considering the adoption of a local Energy Reach Code. The local Energy Reach code could align with either the 2022 California Energy Code or the 2025 building code cycle. The ID360 Team performed research to support city staff in exploring potential next steps for the City’s local reach code goals and recent industry developments. The CAP outlines other strategies related to green building, including “reach” provisions related to electric vehicle charging infrastructure (EVI), green building rating systems, building performance benchmarking, materials and resource efficiency, and water efficiency and conservation. This memo provides optional green building policy strategies that could be used to promote sustainability in the City’s built environment. BUILDING ELECTRIFICATION & ENERGY REACH CODES Ninth Circuit Ruling on Berkeley’s Natural Gas Ban in New Buildings The City of Berkeley faced legal challenges based on a case brought by the California Restaurant Association (CRA) which argued that, among other things, the federal Energy Policy and Conservation Act (EPCA) preempted Berkeley’s local natural gas ban ordinance. Berkeley’s ordinance leveraged “police powers” to amend the City’s Health and Safety Code. Berkeley’s City Attorney petitioned for an “en banc” rehearing with 11 judges on the U.S. Court of Appeals for the Ninth Circuit. However, on January 2, 2024, the petition to rehear the case was denied.1 The ruling stated that “EPCA preempts building codes like Berkeley’s ordinance that ban natural gas piping within new buildings”2 and similar ordinances are at risk of being disputed.3 One alternative building performance standard has been developed in response to the ruling, such as the “One Hourly Source Energy Margin” model code developed by the Statewide Team and published on August 8, 2023.4

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High-Performance Energy Approach: The Hourly Source Energy Model Code The California Energy Commission (CEC) introduced additional metrics in the 2022 California Energy Code for buildings to show compliance with the Efficiency Standards.5 One such metric included Source Energy, which represents the energy consumption of a building including losses incurred during production and delivery to the meter located at the building. Similar to Time Dependent Valuation (TDV), hourly source energy is a metric for both electricity and natural gas. The CEC found that hourly source energy values are proportional to the GHG emissions for each hour of the year and can be considered a good proxy for GHG, encouraging fuel switching, decarbonization, and reducing natural gas use. For future reach codes, the Statewide team recommended a new approach called the "Single Hourly Source Energy Margin" model code, also known as the “Single Margin” or “One Margin” code, that uses source energy as the performance metric. Version 1.0 of the model code recommends compliance margins based on the source energy values for new single-family and multifamily buildings. The model code primarily focuses on building components (e.g., HVAC, hot water heating) and does not encompass site components such as outdoor cooking and fireplaces. Similarly, the Bay Area Reach Codes Program6 published a source energy margin model code tailored for jurisdictions located in Climate Zone 3 and Climate Zone 4.7 The model code addresses new single-family, multifamily, and nonresidential new construction. The CEC maintains a list of federally regulated appliances under Title 20 Appliance Efficiency Regulations.8 Based on communications with the Statewide team, the “One Margin” model code outlines requirements without favoring a particular technology. The current published 2022 cost-effectiveness analyses can be leveraged to take policy action immediately. The “One Margin” approach amends the California Energy Code (Title 24, Part 6) and requires approval from the CEC. The model code is considered a high-performance ordinance and establishes a single compliance margin for both all-electric and mixed-fuel buildings. Setting a single margin for new buildings emphasizes efficiency for both gas and electric fuel types in mixed-fuel buildings and would likely require additional PV and battery to be included in the design. The compliance margin is adaptable based on jurisdiction preference, provided it remains cost-effective and code-compliant for both fuel types. The “One Margin” compliance margin

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does not factor in cooking appliances, clothes drying, and other types of “process loads” because they are not regulated in the same way as space and water heating in the California Energy Code. Efficiency reach codes align with the City’s CAP measures related to adopting a residential and commercial green building ordinance with an emphasis on increased energy conservation. Zero Emission / Zero NOx Standard As an alternative to fuel-type standards, state and local governments are leveraging emissions-based requirements to advance air quality and decarbonization goals. On March 8, 2024, the Bay Area Reach Codes Program9 published a zero-emissions model code, called the Air Quality Code.10 This model reach code focuses on regulating the building or appliance emissions rather than the type of fuel used. It can specify the emissions limit of nitrogen oxides (NOx) or greenhouse gases (GHG). The model code amends the California Building Code (Title 24, Part 11) to regulate building or appliance emissions and does not require approval from the BSC. The air quality approach uses the Clean Air Act authority rather than the Energy Policy Conservation Act to regulate all emitting equipment, including cooking, fireplaces, and dryers. However, at the time of this memo, the air quality reach code is considered an emerging enforcement approach and is legally untested. Additionally, the Bay Area Air Quality District (BAAQMD) adopted amendments to Regulation, Rules 4 and 6, to eliminate emissions of nitrogen oxides (NOx) from residential and commercial natural gas furnaces and water heaters in the Bay Area by requiring new appliances to be zero-NOx11 and the California Air Resources Board (CARB) is exploring state-wide zero-emission appliance standards for space and water heaters to support building-related GHG reduction goals.12 The zero emission/ zero NOx building approach is a potential strategy the City may consider in the future for supporting the CAP. TRENDS OF OTHER JURISDICTIONS During the 2022 code cycle, over 70 California jurisdictions adopted a local reach code or began the process of adopting a local reach code. The majority of reach codes adopted for the 2022 code cycle focused on requiring all-electric new construction either through an amendment to the CALGreen Code or the Health and Safety Code. In response to the April 2023 ruling, some jurisdictions took policy action to suspend enforcement of all-electric requirements. The following cities either suspended or temporarily suspended their reach code: the City of Encinitas13, the City of San Luis Obispo14, the City of Santa Cruz15, the

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County of San Mateo16, the City of Brisbane17, the City of Sacramento18, the City of Menlo Park19, the City of Palo Alto20, City of Cupertino21, City of Mountain View22, and the City of Sunnyvale23. New Buildings High-Performance Efficiency Reach Codes A few jurisdictions took the next steps to adopt alternative local energy reach code requirements. The City of San Luis Obispo24, the City of Santa Cruz25, the City of San José26, and the City of Palo Alto27, adopted high-performance energy efficiency requirements based on the "One Hourly Source Energy" model code. • The City of San Luis Obispo’s new local energy reach code ordinance was approved by the CEC during the December 2023 Business Meeting and became effective on January 1, 2024. • The City of Santa Cruz’s new local energy reach code ordinance was adopted by the City Council on November 28, 2023, and is expected to begin enforcement on March 1, 2024, pending approval from the CEC. • The City of San José adopted the efficiency standard requirements while still enforcing the all-electric construction requirements to capture projects that were exempted from local building electrification requirements. The ordinance and supporting documentation have been submitted to the CEC and are on the current Docket Log for Local Ordinance Applications Exceeding the 2022 Energy Code.28 Zero Emission / Zero NOx Standard On February 15, 2024, the Town of Los Altos Hills adopted Zero NOx Emission Standards in place of all-electric requirements for new and existing buildings. The ordinance was adopted as an amendment to CALGreen, and is justified by section 39002 of the California Health and Safety Code29 which authorizes local agencies to establish air pollution standards that are stricter than statewide or federal standards. The ordinance targets high-emitting water heating and HVAC systems and requires those appliances to be “zero-emitting".30 Similar to all-electric ordinances, the proposed ordinance includes specific exceptions for indoor cooking appliances in residential buildings, outdoor cooking

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appliances, outdoor fireplaces, portable space heaters, generators, and pool and spa heaters. The first reading of the ordinance was introduced and passed by the Town Council on January 18, 2024. This is the first Zero NOx emission ordinance adopted in California and is legally untested. GREEN BUILDING MEASURES In addition to the energy reach code options mentioned above, the City of Foster City has shown interest in building reach code provisions focused on green building planning and design. The measures included in this section utilize EV infrastructure, sustainable building design, and material and resource efficiency to reduce carbon levels and GHG emissions within the built environment. Electric Vehicle Infrastructure The California Green Building Standards Code (CALGreen) improves public health, safety, and general welfare by enhancing the design and construction of buildings by using building concepts with a reduced negative or positive environmental impact31. The 2022 CALGreen code includes provisions related to electric vehicle (EV) infrastructure to advance the state’s strategic decarbonization goals. Jurisdictions have the option to adopt EV infrastructure policy that reaches beyond the mandatory EV requirements in CALGreen. EV parking capacity and infrastructure improvements encourage the use of clean air vehicles and accessibility to charging infrastructure, therefore, reducing GHG emissions and conserving natural resources. Pathways for facilitating EV reach measures beyond the state requirements include adopting the CALGreen Tier 1 and Tier 2 requirements for EV charging in new construction and the Bay Area Reach Code Initiative’s 2024 EV Charing Infrastructure Model Code32. Adoption of EVI reach code measures directly supports the City’s CAP goals around reducing GHG emissions related to transportation. Jurisdictions that have adopted EV Infrastructure reach codes for the 2022 code cycle include Burlingame, Campbell, Corte Madera, East Palo Alto, Fairfax, Hayward, Livermore, Los Gatos, Marin County, Menlo Park, Morgan Hill, Mountain View, Pacifica, Redwood City, San Anselmo, San Carlos, San Leandro, San Mateo, San Rafael, and Saratoga.33

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CALGreen Voluntary Measures for EV Infrastructure CALGreen provides voluntary measures for EV infrastructure that are organized into two tiers. Tier 1 prerequisites are more stringent than CALGreen's mandatory measures, while Tier 2 prerequisites include all Tier 1 prerequisites plus some additional measures. Many local jurisdictions adopt the CALGreen Tier provisions as a strategy to reach beyond the base code CALGreen requirements. Bay Area Reach Code Initiative’s 2022 EV Charing Infrastructure Model Code The City may also consider aligning with regional jurisdictions that adopted the Bay Area Reach Code Initiative’s 2022 EV Charing Infrastructure model code (EVI)34. This model code aims to exceed the 2022 CALGreen Intervening Code updates and incorporates the proposed 2025 CALGreen Code updates, minimizing the need for the City to implement future revisions. The EVI model code was updated in March 2024 to align with the 2022 CALGreen Intervening Code Cycle updates that will become effective on July 1, 2024. Table 1 compares the CALGreen Mandatory EV infrastructure requirements that will become effective on July 1, 2024, against the CALGreen Tier 1, Tier 2, and EVI model reach code provisions for new construction and existing buildings. Table 1: 2022 CALGreen Mandatory EV Requirements vs. CALGreen Tier 1, CALGreen Tier 2, and Bay Area EV Infrastructure Model Code Occupancy Type Mandatory Provisions Tier 1 Provisions Tier 2 Provisions Bay Area Model Code Single Family Residences and Townhomes with Private Garages For each dwelling unit, a dedicated 208/240V branch circuit installed in raceway required For each dwelling unit, a dedicated 208/240V branch circuit installed in raceway required For each dwelling unit, a dedicated 208/240V branch circuit installed in raceway required Requires one Level 2 EV charging receptacle. If a second parking space is provided, an additional Level 1 Receptacle is required. Multifamily: New Construction 40% of parking spaces require EV Ready with low - power Level 2 EV charging receptacles.

Option A: 50% percent of parking spaces require low-power Level 2 EV charging Option A: 55% percent of parking spaces require low-power Level 2 EV charging Requires one low-power Level 2 EV charging receptacle per

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10% of parking spaces require Level 2 EV Chargers.
receptacles and shall be located in one assigned parking space per dwelling unit where assigned parking is provided. 15% of parking spaces require Level 2 EV chargers. Option B: Install low-power Level 2 EV charging receptacles in at least one parking space for each dwelling unit with assigned parking. 10% of common-use parking spaces require Level 2 chargers receptacles and shall be located in one assigned parking space per dwelling unit. 20% of parking spaces require Level 2 EV chargers. Option B: Install one low-power Level 2 EV charging receptacle for each parking space available for use by residents. 20% of common-use parking spaces require Level 2 chargers. dwelling unit with a parking space. Requires 25% of unassigned spaces include Level 2 EV charging receptacles installed Multifamily: Additions and Alterations 10% of new added parking spaces for existing buildings to be EV Capable Spaces 10% of altered spaces to be EV Capable N/A N/A Requires each added or altered space to have at least a low power Level 2 EV receptacle.

Hotels and Motels 40% of parking spaces require EV Ready with low - power Level 2 EV charging receptacles. 50% percent of parking spaces require low-power Level 2 EV charging receptacles.

Option A: 55% percent of parking spaces require low-power 40% of the total number of parking spaces shall be equipped with low power Level 2 EV

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10% of parking spaces require Level 2 EV Chargers.
15% of parking spaces require Level 2 EV chargers
Level 2 EV charging receptacles. 20% of parking spaces require Level 2 EV chargers. charging receptacles. 25% of the total number of parking spaces shall be equipped with Level 2 EV chargers. Commercial: New Construction New construction is required to provide EV infrastructure and facilitate EV charging via Table 5.106.5.3.1 or Table 5.106.5.3.6 Power Allocation Method. * Comply with Table A5.106.5.3.1 – Tier 1 EV Capable Spaces and EVCS or Table A5.106.5.3.2 - Tier 1 EVCS – Power Allocation Method. * Comply with Table A5.106.5.3.3 – Tier 2 EV Capable Spaces and EVCS or Table A5.106.5.3.4 Tier 2 – EVCS – Power Allocation Method. * Office and Retail: 45% of actual parking spaces required to be EV Capable or EVCS. 11% of actual parking spaces required to be EV Capable. 34% of actual parking spaces required to be EVCS. New warehouses, grocery stores, office buildings, and manufacturing facilities and retail stores with planned off-street loading spaces shall comply with Section 5.106.5.5.1 for future installation of medium- and heavy-duty EVSE.

All Other Occupancies: 45% of actual parking spaces required to be EV Capable or EVCS. 22% of actual parking spaces required to be EV Capable. 23% of actual parking spaces required to be EVCS.

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Commercial: Additions and Alterations Existing buildings or parking facilities being modified by one of the following will be required to include EV charging in compliance with Table 5.106.5.3.1 or Table 5.106.5.3.6 of CBSC. 1. When the scope of construction work includes an increase in power supply to an electric service panel as part of a parking facility addition or alteration. 2. When a new photovoltaic system is installed covering existing parking spaces. 3. When additions or alterations to existing buildings are triggered pursuant to code Section 301.3 and the scope of work includes an increase in power supply to an electric service panel.

NA NA NA
*See Appendix A for CALGreen Mandatory, Tier 1, & Tier 2 EV Capable Spaces and EVCS reference tables. Green Building Rating Systems & Third-Party Green Building Certification Green building rating systems assess a project's performance from a sustainability and environmental perspective. These systems intend to improve the overall quality of the

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project and the surrounding community by integrating a life cycle approach to project design and construction. Buildings that have been assessed and are deemed to meet a certain level of performance and quality, receive a certificate proving this achievement. Several third-party green building rating systems measure a project’s efforts in incorporating various high-performance strategies, including stormwater management, optimized energy efficiency, embodied carbon of building materials, indoor environmental quality, and enhanced construction and demolition waste diversion. Some popular options for third-party certification include Build It Green’s GreenPoint Rated system and Leadership in Energy and Environmental Design (LEED). Jurisdictions can adopt green building standards that require projects of a certain square footage, permit valuation, or occupancy type to meet third-party green building rating systems. Many California jurisdictions, such as the City of San Francisco and the City of San José, require all municipal construction and major renovation projects to achieve LEED certification. The State of California has also required LEED certification for its buildings since 2004.35 Although it is not a traditional green building rating system, the CALGreen Tier Appendix chapters can be considered green building “reach” measures that jurisdictions have the authority to adopt. Similar to the mandatory requirements, the Tier appendices encourage sustainable construction practices in the following categories: planning and design, energy efficiency, water efficiency and conservation, material conservation, and resource efficiency. Adoption of green building rating systems or the CALGreen Tiers directly supports measures in the CAP related to adopting green building standards for commercial and municipal buildings. The following jurisdictions have adopted the CALGreen Tiers as mandatory: • City of Palo Alto: CALGreen Mandatory Tier 1 and Tier 2 required for new construction, substantial remodels, and additions/alterations of a certain square footage.36 Use of a third-party Green Building Special Inspector is also required. • Marin County: CALGreen Tier 1 is required for new construction and additions/alterations of a certain square footage.37 • City of Sonoma: CALGreen Tier 1 is required for new construction. Use of a third-party Green Building Special Inspector is also required.38

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Building Performance Standards & Benchmarking The State of California established the Building Energy Benchmarking Program in 2018, requiring the owners of commercial buildings with more than 50,000 square feet of gross floor area and the owners of multifamily residential buildings with more than 50,000 square feet of gross floor area and 17 or more residential dwelling units to report energy usage and building characteristic information annually to the state. Building Performance Standards are designed to reduce carbon emissions in buildings by improving energy, gas, and water efficiency while lowering peak demand. Energy Star’s Portfolio Manager is one example of benchmarking software commonly used for benchmarking buildings. Programs such as these allow owners to benchmark the energy and water use of any building. A BPS ordinance is another strategy the City can explore to help meet the CAP goals around adopting a commercial green building ordinance that emphasizes higher building performance. Jurisdictions can “reach” beyond the state building performance standards (BPS) by setting locally amended BPS requirements. The Institute for Market Transformation (IMT) provides a Building Performance Standard model code for local jurisdictions seeking to reduce carbon emissions in buildings by improving energy, gas, and water use, and peak demand. The City of Chula Vista was the first city in California to adopt BPS standards in 2021. Several California jurisdictions, including Berkeley, Los Angeles, Sacramento, San Diego, San Francisco, Santa Monica, Hollywood, and the County of Los Angeles are actively developing BPS standards and committed to BPS by joining the Building Performance Standards Coalition (BPS Coalition). Materials & Resource Efficiency The following green building provisions related to building materials and resource efficiency are included at the direction of city staff and will support the City’s overall goals related to decarbonization and increasing building efficiency. Sustainable Roofs Sustainable roofs, e.g. vegetated roofs and cool roofs, minimize the creation of heat islands and help to reduce the energy load for building cooling. Vegetated roofs can help to reduce water runoff and cool roof applications utilize materials with solar reflectance

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capabilities. CALGreen includes cool roof requirements in the Tier appendices that local jurisdictions may consider adopting as part of local green building standards. Low-Carbon Concrete The production of cement involves burning materials at very high temperatures. The process results in high energy consumption and a high rate of carbon and resource-related greenhouse gas emissions. Low-carbon concrete is produced with a lower carbon footprint and a reduced global warming potential. Substituting low-carbon concrete for traditional concrete is an easy transition that can be enforced through required Environmental Product Declarations (EPDs) or lower-emission supplementary cementitious materials. Policies requiring the use of low-carbon concrete have already been adopted by the City of Palo Alto and the County of Marin. StopWaste maintains a Low Carbon Concrete Code Amendment Toolkit for local jurisdictions seeking to adopt low-carbon concrete requirements. The tool kit includes a low-carbon concrete model code language, supporting resolution, and staff report. Whole Building Life Cycle Assessment A Whole Building Life Cycle Assessment (WBLCA) is a systematic method for analyzing the environmental impact of a building's life cycle. It can be used to evaluate a single product or an entire building system and provides valuable information for decision-making related to the building's design, construction, operation, maintenance, and eventual demolition or reuse. The 2022 CALGreen Intervening Code Cycle will introduce mandatory whole-building life cycle assessment requirements for commercial projects that are 100,000 sq. ft or greater. The new provisions, which will become effective July 1, 2024, require applicable projects to demonstrate a minimum 10% reduction in global warming potential (GWP) by conducting a cradle-to-grave, whole-building, life cycle assessment. CALGreen’s Appendix A5 includes voluntary Tier 1 and Tier 2 Whole-Building Life-Cycle Assessment provisions with increased GWP reductions of 15% and 20% respectively. In the 2025 CALGreen code, the square footage threshold of 50,000 sq ft will become mandatory for all commercial projects meeting the scoping requirements.

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Water Efficiency & Conservation A 2023 Environmental Impact Report developed for Foster City identified water neutrality as a long-term measure and led to the adoption of the Estero Municipal Improvement District (EMID) Water Neutrality Growth Ordinance.39 The Ordinance applies to any new developments, redevelopments, or change in use that will require a new water service from EMID or will increase water demand. Though the adoption of such an ordinance signifies the City’s commitment to water efficiency and conservation the ordinance does not apply to residential buildings. Following are some additional water conservation measures that could be effective when applied to residential occupancies or nonresidential projects exempt from the water neutrality ordinance (e.g., tenant improvements). The water building-level conservation measures explored below can aid in the City’s CAP goals around promoting water efficiency and reducing the strain on water resources. Outdoor Water Use Recycled water irrigation systems that comply with the California Department of Water Resources Model Water Efficient Landscape Ordinance (MWELO) reduce the overall outdoor water used for irrigation. Recycled water replaces potable drinking water in irrigation systems which can extend freshwater supplies and help to refill regional aquifers. Indoor Water Use The CALGreen Mandatory measures require reduced flow rate fixtures in residential and commercial kitchens and bathrooms. The Tier 1 and Tier 2 measures increase those requirements by mandating whole-building water use savings for nonresidential buildings by 12% and 20% respectively. Compliance is typically carried out by either prescriptive or performance methods. Recycled Water & Treated Graywater Systems Greywater or recycled water is gently used water from bathroom sinks, showers, tubs, and washing machines. Using grey water for non-potable water functions in the home or business can help reduce water usage and save money on water utilities. Depending on these functions, dual water piping is installed for both indoor and outdoor water use. Laundry-to-Landscape systems (L2L) is a simple type of graywater system that redirects water from the clothes washer to the landscape without additional pumps or filters. The City of Palo Alto previously required L2L systems for residential new construction.

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2025 CALGREEN AND ENERGY CODE UPDATES The State has begun the rulemaking for the 2025 Energy and CALGreen Codes. The 2025 CALGreen and Energy Code proposed express terms are available now. Tables 2 and 3 provide high-level summaries of the proposed changes. These proposals have not been adopted and modifications may occur between now and when the 2025 codes are published. Table 2: Proposed Electrification-Related Changes to the 2025 Energy Code (based on 6/13 Express Terms, 15-day Language) Occupancy Code Reference Topic Proposed Changes Single Family: New Construction and Additions/ Alterations 150.0(h) Space Conditioning Equipment
New requirements for load calculations, system selection, defrost, supplementary heating and thermostat controls. Single Family: New Construction 150.1(c)6, 150.1(c)8 Heat pumps Both heating appliances (space and water) prescriptively required to be heat pumps in all climate zones. 2022 Code requires only one to be heat pump. Single Family: Additions and Alterations 150.2(a)1D Hot Water For additions, any additional water heater is prescriptively required to be a heat pump. Multi-family: New Construction 160.9 Electric Readiness Electric readiness requirements moved from 160.4 to 160.9 for in-unit systems and added for central hot water systems. Physical space and overall electrical capacity of the building must be sufficient to serve all-electric systems. Multi-family: New Construction 170.2(d) Hot water Disallows gas instantaneous water heat as a prescriptive option for systems serving individual units in low-rise buildings. 120V heat pumps allowed in 1-bedroom units in place of 240V units.

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Commercial: New Construction and Additions/ Alterations 120.6(k) Commercial Kitchen electric readiness
Commercial kitchens required to include 208V/50-amp circuit for “cookline appliances”, and electrical panel capacity for an additional circuit. Commercial: New Construction 140.4(a)3 Space Conditioning Extends prescriptive heat pump space heating requirements to all office and school occupancies. Commercial: New Construction, Additions and Alterations 141.0(b)2Cii Heat pumps Heat pumps prescriptively required for small, packaged unit replacements in offices, financial institutions, retail, grocery, school, and library occupancies in most climate zones. Alternatively, air conditioners with furnaces and dual-fuel heat pumps must install economizer and/or variable speed fans. Commercial: New Construction 140.10 PV and Battery Changes to prescriptive requirements and storage capacity calculation and breaks out additional occupancies. Table 3: Proposed Energy-Related Changes to the 2025 Green Building Standards Code (based on 5/16 Express Terms, 45-day Language) Occupancy Code Reference Topic Proposed Changes Single Family: New Construction A4.203.1.1 Performance margins Higher performance margins (0.18 to 2.7, depending upon climate zone). Single Family and Commercial: New Construction A4.203.1.4 & A5203.1.1.1 Outdoor lighting standards Downlit and shielded lighting fixtures.

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Single Family: Additions and Alterations A4.204.1.1 Air conditioner replacements Prescriptive requirement for heat pump space conditioning when replacing an air conditioner. Standard air conditioners allowed with additional efficiency measures. Supplemental heating (only) may be provided by either existing or new gas furnace. Multi-family & Commercial: Additions and Alterations A4.204.1.2 A5.204.1.1 Pools and spas Heat pump (gas back up allowed) or gas with 60% solar thermal/recovered energy fraction.

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REFERENCES 1 See California Restaurant Association v. City of Berkeley Case 21-16278, January 2, 2024; available at: https://www.publichealthlawcenter.org/sites/default/files/2024-01/CRA-v-Berkeley-Ninth-Circuit-Opinion-Jan2024.pdf. Retrieved January 5, 2024. 2 California Restaurant Association v. City of Berkeley. 21-16278. D.C. 2, 3 (2024). 3 See Ninth Circuit Cans Berkeley Gas Ban under Federal Law, The National Law Review, April 21, 2023; available at: https://www.natlawreview.com/article/ninth-circuit-cans-berkeley-gas-ban-under-federal-law. Retrieved January 5, 2024. 4 See Model Ordinance: Energy Reach Code for New Single Family and Multifamily Buildings at https://localenergycodes.com/download/1654/file_path/fieldList/2022%20Model%20Ordinance%20-%20New%20Construction-One%20Margin.docx 5 See the presentation by CEC, “2022 Building Standards -Time Dependent Valuation (TDV) & Hourly Source Energy” (2021) at: https://efiling.energy.ca.gov/GetDocument.aspx?tn=239439&DocumentContentId=72901. Retrieved January 13, 2024. 6 The Bay Area Reach Code Initiative is a join initiative of Peninsula Clean Energy (PCE), Silicon Valley Clean Energy (SVCE), East Bay Community Energy (EBCE), Alameda County, Santa Clara County and the San Mateo County Office of Sustainability (OOS). 7 The City of Foster City is located in Climate Zone 3. 8 See California Title 20 Appliance Efficiency Regulations at: https://energycodeace.com/site/custom/public/reference-ace-t20/index.html#!Documents/section1605energyperformanceenergydesignwaterperformanceandwater.htm. Retrieved February 14, 2024. 9 Development of the Air Quality Code is being developed by TRC with Peninsula Clean Energy and Silicon Valley Clean Energy. 10 See the Air Quality Part 11 Model Reach Code provided by Peninsula Clean Energy (PCE) and Silicon Valley Clean Energy (SVCE). https://bayareareachcodes.org/wp-content/uploads/2024/03/2024-Air-Quality-Model-Code-Part-11_V2.docx 11 See “Proposed Amendments to Building Appliance Rules – Regulation 9, Rule 4: Nitrogen Oxides From Fan Type Residential Central Furnaces And Rule 6: Nitrogen Oxides Emissions From Natural Gas-Fired Boilers And Water Heaters” Final Staff Report. BAAQMD. March 2023. https://www.baaqmd.gov/~/media/dotgov/files/rules/reg-9-rule-4-nitrogen-oxides-from-fan-type-residential-central-furnaces/2021-amendments/documents/20230307_fsr_rules0904and0906-pdf.pdf?rev=100de6caff2342e6b095b59acf2321d0 Retrieved February 14, 2024. 12 See CARB’s Zero-Emission Space and Water Heater Standards Program webpage at https://ww2.arb.ca.gov/our-work/programs/zero-emission-space-and-water-heater-standards. Retrieved February 14, 2024. 13 See Encinitas Energy Efficiency and Green Building at: https://www.encinitasca.gov/government/departments/development-services/sustainability-division/environmental-programs/green-building. Retrieved January 30, 2024. 14 See San Luis Obispo’s Administrative Order No.1 - Temporary Enforcement Suspension of Municipal Code Chapter 8.11 at: https://slocityca-

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redesign.prod.govaccess.org/home/showdocument?id=34339&t=638237123574533561. Retrieved January 30, 2024. 15 See City of Santa Cruz’s City Council Meeting Minutes from June 13, 2023 at: https://ecm.cityofsantacruz.com/OnBaseAgendaOnline/Meetings/ViewMeeting?id=2123&doctype=2. Retrieved January 3, 2024. 16 See County of San Mateo Planning webpage at: https://www.smcgov.org/planning/update-reach-code-enforcement. Retrieved June 5, 2024. 17 See City of Brisbane’s Renewable Energy and Reduction of GHG Emissions at: https://www.brisbaneca.org/building/page/renewable-energy-and-reduction-ghg-emissions. Retrieved January 30, 2024. 18 See City of Sacramento’s Electrification of New Construction at: https://www.cityofsacramento.org/SacElectrificationOrdinance 19 See City of Menlo Park’s Reach Code webpage at: https://menlopark.gov/Government/Departments/City-Managers-Office/Sustainability/Reach-codes. Retrieved February 5, 2024. 20 See City of Palo Alto’s moratorium at: https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=8ac11983-10ba-4a79-a823-3693203c22d7. Retrieved June 5, 2024. 21 See the City of Cupertino Green Development webpage at: https://www.cupertino.org/our-city/departments/environment-sustainability/reach-codes. Retrieved June 6, 2024. 22 See City of Mountain View Council Meeting Minutes from April 9, 2024: https://mountainview.legistar.com/View.ashx?M=F&ID=12917775&GUID=F9A6F192-1A35-4E37-B282-C6387B474382. Retrieved June 6, 2024. 23 Confirmed with correspondence with Suzanne Park, Chief Building Official for City of Sunnyvale. 24 See the City of San Luis Obispo Ordinance 1730: https://sanluisobispo.municipal.codes/Code/15.04.060. Retrieved January 2, 2024. 25 See the City of Santa Cruz Ordinance 2023-12: https://www.cityofsantacruz.com/home/showpublisheddocument/96948/638375591534470000. Retrieved January 30, 2024. 26 See the City of San José Ordinance 30950: https://efiling.energy.ca.gov/GetDocument.aspx?tn=253580-5&DocumentContentId=88813. 27 See City of Palo Alto Council Meeting minutes from June 3, 2024 at: https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=14300&compileOutputType=1. Retrieved June 17, 2024. 28 See Local Ordinance Applications Exceeding the 2022 Energy Code Docket Log at: https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-BSTD-07. Retrieved January 30, 2024. 29 See Los Altos Hills reach code ordinance 611. https://www.losaltoshills.ca.gov/DocumentCenter/View/6743/2022-CGBSC-Los-Altos-Local-Amendment. 30 Zero NOx Emitting Equipment is defined as; any equipment or appliance that emits no more than 0.0 nanograms of nitrogen oxides (expressed as NOx) per joule of heat and/or light output. 31 Purpose of CALGreen as stated in 2022 CALGreen Section 101.2 Purpose. 32 See Bay Area Initiative’s EV Infrastructure: Part 11 EV Reach Code at https://bayareareachcodes.org/. Retrieved December 20, 2023. 33 See the Statewide Reach Code Team’s list of 2022 Code Cycle - Electric Vehicle Ordinances at https://localenergycodes.com/content/adopted-ordinances. Retrieved January 3, 2024.

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34 See Bay Area Initiative’s EV Infrastructure: Part 11 EV Reach Code at https://bayareareachcodes.org/. Retrieved December 20, 2023. 35 See California LEED Certified State Buildings webpage at: https://www.dgs.ca.gov/OS/Resources/Page-Content/Office-of-Sustainability-Resources-List-Folder/California-LEED-Certified-State-Buildings 36 See Palo Alto Municipal Code: https://localenergycodes.com/download/1376/local_government_adoption_ordinance/fieldList/2022%20Palo%20Alto%20-%20Ordinance.pdf 37 See Marin County Municipal Code at: https://localenergycodes.com/download/1509/local_government_adoption_ordinance/fieldList/2022%20Marin%20County%20-%20Ordinance.pdf 38 See City of Sonoma Green Building webpage at: https://www.sonomacity.org/calgreen/. 39 See the Estero Municipal Improvement District (EMID) Water Neutrality Growth Ordinance. https://www.fostercity.org/sites/default/files/fileattachments/community_development/page/45064/emid-ordinances-138-5_1_2023_2.pdf

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Appendix A

Table 5.106.5.3.1: Commercial EV Capable and EVCS Table 5.106.3.6: Commercial EV Capable & EVCS – Power Allocation Method Table A5.106.5.3.1: Tier 1 Commercial EV Capable and EVCS Table A5.106.3.2: Tier 1 Commercial EV Capable & EVCS – Power Allocation Method Table A5.106.5.3.3: Tier 2 Commercial EV Capable and EVCS Table A5.106.3.4: Tier 2 Commercial EV Capable & EVCS – Power Allocation Method

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DATE: October 7, 2024

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager

FROM: Sofia Mangalam, Community Development Director
Nori Jabba, Housing Coordinator
DEPARTMENT: Community Development
SUBJECT: POLICY DIRECTION ON RENTAL REGISTRY PROGRAM

RECOMMENDATION
It is recommended that the City Council hold a study session on a Rental Registry Program and, by Minute Order, provide policy direction on the following: (1) Expanding the provisions of the existing BMR compliance software for BMR units to provide for additional data collection and analysis; or, (2) Extend the provisions of the existing BMR compliance software to Foster City BMR and market-rate multi-family rentals of three or more units; or (3) Extend the provisions of the existing BMR compliance software to all Foster City BMR and market rate rental units; and (4) Should the selected option by the City Council be encouraged on a voluntary basis or established as a mandate? Any such mandate would require the adoption of an Ordinance.

EXECUTIVE SUMMARY
Foster City’s Housing Element 2023-31 includes goals, policies, and programs to provide additional housing in a way that is balanced with the community’s desires to retain certain aspects of Foster City that make it a great place to live, work and play. The Housing Element Programs include the City’s commitment to timeframes for implementation. The Annual Progress Report to the California Department of Housing and Community Development (HCD), due by April 1 of each year, reports on progress made in implementing each of these Programs.

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One of the Housing Element Programs to be addressed in 2024 is H-G-2-e:

H-G-2-e Rental Registry. Unless a requirement for a State Rental Registry is adopted, explore a Rental Registry that tracks information such as rents, utilities, accessibility for disabled persons, tenant occupancy dates, and landlord contact information in order to improve the information available to landlords, tenants, and decision makers.

Responsible Agency: Community Development Department
Timeframe: Report to City Council by December 2024
Funding Source: General Fund

BACKGROUND
The City’s adopted Housing Element 2023-31 includes a program to explore a Rental Registry as part of the Fair Housing Action Plan, which is intended to address barriers to housing choice primarily by adding affordable housing options and preserving existing housing opportunities. The priorities for the Fair Housing Action Plan are (see page HE- 38 Housing Element 2023-31):

Address disproportionate impacts by increasing the supply of affordable housing and providing more housing choices throughout the City. (Highest) Protect tenants from displacement through an anti-displacement strategy. (High) Address housing discrimination through fair housing information and training. (High)
Address housing discrimination by providing additional support and opportunities for housing to meet special needs. (High)
City’s Affordable Housing Programs
The Planning Division staff oversees the City’s Affordable Housing programs, which include deed-restricted owner-occupied units, inclusionary Below-Market Rate (BMR) rental units, 100% affordable senior rental properties, Workforce Housing rental units, and the Existing Unit Purchase Program (EUPP) rental units. All the rental and ownership affordable housing programs are collectively referred to as the BMR Housing Program.

In addition, the affordable housing programs include the HIP Home Sharing Program and the Housing Rehabilitation Loan Program.

The responsibilities pertaining to the oversight and administration of overseeing and monitoring existing BMR programs are specified in the requisite deed restriction applicable to the property and the City’s BMR Guidelines as included in Section

17.90.100 of the Foster City Municipal Code.

The BMR Housing Program portfolio includes 433 total units and 19 properties. Of the 433 units, 426 are rental units, and seven (7) are owner-occupied.

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Table 2: Foster City BMR Housing Program
Name of
Development Total
Properties
BMR
Rentals
Workforce
Rentals
Senior
BMR
Rentals
BMR
Owner-
Occupied
Total
Units
The Plaza 1 60 60
The Triton 1 48 48
100 Grand 1 33 33
Miramar 1 48 48
Marlin Cove 1 84 84
The Pilgrim 1 14 8 22
Alma Point 1 65 65
Metro Center 1 60 60
EUPP Homes 4 6 6
Emerald Bay 7 7 7
Total Units 19 293 8 125 7 433
*The BMR program also previously included Foster’s Landing (74 units), for which the deed restrictions expired in phases between 2021 and 2023.

Management of the BMR program includes but is not limited to:
For rental properties not owned by the City - Annual audits, training BMR property managers, ensuring compliance with regulatory agreements for each property, approval of utility allowances and annual rent and income limits, updating and assisting BMR property managers with interpretation of the BMR Guidelines, updating BMR Guidelines as needed, and addressing inquiries from BMR tenants and members of the public.
For rental properties owned by the City (managed by HIP Housing) – In addition to all the above, managing the operating budgets and payment of expenses, managing property management contracts, and applying for and administering grants and notices of funding opportunities.
For owner-occupied BMR units - Monitor annual occupancy requirements and obtain annual occupancy affidavits from homeowners, notify homeowners of regulatory agreement expiration dates, calculate sales price and review sales of properties to other qualified buyers (if applicable), certify incomes of new buyers (if applicable), calculate share of proceeds to the City when and if a sale occurs after the expiration of the BMR agreement; revise the BMR Ownership Guidelines, and address inquiries from homeowners and members of the public.

Annual Audit of BMR Properties
Each year, BMR property managers of all BMR rental properties (including HIP Housing that manages City-owned BMR rentals) submit reports to the City with data for each

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tenant, including income, rent, size of the unit, household size, utility allowances, and the maximum rent and income for each size of the unit. Reports are due at varying times of the year, depending on the regulatory agreements. During an audit, staff reviews the requirements of the property’s regulatory agreements and reviews the annual report and tenant files to ensure compliance with BMR Guidelines and regulatory agreements for each property. During an audit, Staff completes the following for each property:

Verifies that the report was submitted by the deadline. Reviews the report against annual maximum income and rent limits. Verifies that the correct utility allowances were used. Reviews tenant files to ensure that incomes were calculated correctly, files contain required application, lease, and income certification documentation, and that files match the annual report. Staff generally selects a percentage of files from each affordability category and size of unit as well as recent move-in files. Reviews the properties income certification procedures, manuals, and forms.

Since 2009, the City has contracted with Housing Compliance Services for a license agreement to use software for monitoring BMR units called FOCUS. The software is used by public agencies and developers to monitor BMR units and ensure compliance of income limits and rental rates with local, state, and/or federal BMR programs. Initially, FOCUS included five (5) properties and 274 units:
Foster’s Landing
Metro Center Senior Housing
Community Development Agency (CDA)-owned rentals (now the EUPP units) 1 Miramar
Marlin Cove
Over the years, the number of BMR properties has increased. The City requires property managers of all BMR rental properties to use FOCUS to submit annual reports. BMR property managers enter information into the FOCUS software each year for each unit, including affordability level, rental rate, utility allowance, maximum rent, household size, number of bedrooms, unit number, initial move-in date, household income at move-in, voucher amount, if applicable, whether the unit is occupied or vacant, and income from the latest income certification. The data is entered once per year. The software does not provide reports comparing data from year to year, including turnovers, or rent increases, or comparisons among or between properties as they occur.

Difference between a Rental Registry and Rental Registry Program A Rental Registry is essentially a database containing information about rental properties and units, such as rental rates, apartment sizes, vacancies, utilities, and property contact information. The use of a Rental Registry varies by jurisdiction and can be tailored to a jurisdiction’s needs.

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A Rental Registry program is established via an Ordinance and becomes a mandate.

Many California cities have Rental Registry programs in place to mandate the collection of data to monitor rental properties (see section below) and ensure compliance with local and state regulations.

Rental Registry data can be broken into four (4) categories:
Information on the units, including the unit number, occupancy status (vacant or occupied), number of bedrooms, square footage, and accessibility. Information about rent charges, including the start date and rent to be charged to the tenant, current monthly rent charges, and the date and amount of rent increases.
Information about the tenant, including name of the current tenants, number of occupants, etc.
Information about the property, such as address, owner and property manager contact information, amenities, utilities charged to the tenant, rehabilitation projects, parking spaces, and vacancy rates.

Research
According to Policy Link, “a Rental Registry is a database of rental properties that includes detailed information about the property owner and the rental property. This rental registration system in its most basic form regularly requires property owners to provide up-to-date contact information of key individuals involved with the management and maintenance of the property, and an emergency contact who can be contacted 24 hours a day. Property owners may also be required to provide information and documentation regarding their last property inspection, the number of units owned, the occupation status of those units, and how much has been and is currently being charged for rent. Additional information can also be collected by localities to gather the important data needed to address a community’s unique housing challenges and inequities, such as a property’s connections to water and electricity, or monthly utility costs.” – Source:
https://www.policylink.org/resources-tools/tools/all-in-cities/housing-anti- displacement/rental-registries.

Rental registries can serve many purposes for cities, such as providing data and analysis to inform housing policies, helping to regulate BMR rentals, identifying neighborhoods at risk of displacement due to rent increases or no-fault evictions, providing data for permitting, code enforcement, and building inspections, helping facilitate community outreach, supporting social support services in times of crisis, providing information on the rental ownership landscape, providing information on properties for those searching for housing, and providing landlord contact information.

Other Jurisdictions

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The following Bay Area cities have Rental Registry programs in place or pending:

Alameda, Berkeley, Burlingame, Concord, Half Moon Bay, East Palo Alto, El Cerrito, Mountain View, Monterey, Oakland, Palo Alto, San Francisco, San Jose, San Pablo, and Burlingame. Examples of how some of these cities use the data include:
The City of Concord has had a Rental Registry Program for four (4) years as part of its Residential Tenant Protection Program. In addition to rent, the registry collects data on property address, size of unit, number of bedrooms and bathrooms, parking spaces, and lease terms. Registration is required for all rental units, including single- family homes. According to the City’s Rental Registry Webpage, “the 2023 report builds upon and includes year-over-year comparisons to the baseline data obtained in 2022 and 2021. The 2023 report analyzes tenancies and rents in Concord, provides a landlord registration and program compliance analysis, and includes neighborhood maps with the locations of the registered multifamily complexes.” The rental registry is used to monitor the Residential Tenant Protection program with rent stabilization and just cause for eviction, Ordinance 24-3.
The City of Half Moon Bay states the following on its Rental Registry Webpage:
“This annual registration process is crucial to efforts to better understand rental housing characteristics in Half Moon Bay, which will help inform future policy decisions regarding rental housing.” The program is required for all rental units, including ADUs, single-family homes, and those who rent out rooms. The following information is required for the registration of a residential rental unit:
oThe name, mailing address, phone number, and email of the owner, landlord, and property manager as applicable;
oThe street address (and unit number where applicable) of each residential rental unit or portion thereof for rent or lease;
oThe assessor’s parcel number (APN) that each residential rental unit for rent or lease is located;
oThe number of bedrooms and bathrooms in each residential rental unit, including square footage, for rent or lease;
oThe occupancy status of each residential rental unit (e.g., vacant or occupied); oReason for vacancy (e.g., lease expiration, voluntary move-out or eviction); oThe number of individuals currently residing in the unit, if occupied; oWhere applicable, the number of rooms individually rented; oThe current amount of the monthly rent charged for each residential rental unit, identifying whether the monthly rent includes specified utilities (e.g., water, sewer, solid waste disposal, natural gas, electricity, etc.); oWhether or not the unit’s monthly rent is subsidized (e.g., such as through a housing voucher or another subsidy).
The City of Palo Alto recently adopted the Residential Registry Program effective from July 1, 2024. According to the City’s website, “the Rental Registry will help the City better understand Palo Alto's rental landscape as experienced by renters and

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property owners. It will also help inform future Council decision-making.” Registration is required for all rental properties with three or more units. As per their website, The Rental Registry Program will collect the following information:
oResidential rental property contact information, such as property owner and property manager contact information;
oResidential rental property characteristics, such as property address, property type, year purchased, number of rental units at the property, and year built; oResidential rental unit characteristics, such as rental unit address, size (indoor/outdoor), number of bedrooms and bathrooms, year of any remodel, and owner or property manager occupancy;
oTenancy information, such as rental unit tenancy status as occupied or vacant, date of vacancy, reason for vacancy, date of tenancy, initial lease length, date of 1-year lease renewal, and date of last lease renewal; oRent information, such as initial security deposit amount, base rent amount, current rent amount, presence of rental assistance/subsidy/deed restriction/incentive, and rental unit amenities/services; oAffidavit information, such as attestation of accuracy, submittal date, name/contact information for registrant;
oOptional information, such as open-ended opportunity to provide feedback. oEvents, such as when there is any increase in rent, when a notice to quit is sent to a renter, when an unlawful detainer complaint is filed, and when there is an eviction.

See City of Palo Alto, Rental Registry FAQs. The City of Palo Alto adopted a phased implementation, which initially required registration for multi-family rental units (properties with 3 or more rental units). The staff has been directed to evaluate if/when to require registering and potentially charging the RRP participation fees for all remaining rental units (including rented single-family residences, J/ADUs, and duplexes).
The City of Alameda has a Rental Registry program that also allows tenants and landlords to file petitions. The City collects the following data:
oType of property – ADU, Condo, mixed-use built before 1995, mixed use built after 1995, multi-family built before 1995, multi-family built after 1995, single- family residence, single-family residence + ADU, townhouse oLandlord/property manager contact information – mailing address, phone, email
oAddress of unit
oYear built
oAssessor’s parcel number
oNumber of bedrooms
oOccupant type – tenant, rent-subsidized tenant, vacant, manager, owner, non-residential commercial, short-term rental, work/live oReason for vacancy

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oMonthly rent
oUtilities charged to tenant
oIncrease in rent
oCase type – tenant petitions, landlord petitions, annual program fee payments, annual registration status, capital improvement plans, no fault terminations, temporary relocation, buyout agreements, invalid rent increases.

ANALYSIS
As discussed in the background section, the City has been using FOCUS to generate annual reports and conduct audits of BMR properties to ensure compliance with the BMR Guidelines. BMR Property Managers input information for each BMR unit under their purview, including affordability, rental rates, utility allowances, maximum rent, household size, apartment size, unit number, initial move-in date, household income at move-in, voucher amounts, if applicable, and current income. FOCUS collects some of the same data that would be used in an expansive Rental Registry.

In other words, the FOCUS software already serves as a basic Rental Registry for BMR units but is limited in its capabilities for monitoring rent increases and vacancies because data is currently entered only once a year for each property. The system only provides the annual report of data entered and limited other reports. There is no comparison from prior years to monitor rent increases, show vacancies throughout the year or the reason for vacancies, or compare properties.

This presents an opportunity to explore working with Housing Compliance Services to expand and customize the FOCUS software to provide additional features for reports and analytics or to explore other available software options that can further streamline the audit process and/or provide reports to help inform the City Council of vacancy and rental rate trends and make informed future policy decisions as it related to housing. It should also be noted that the City of Concord, for example, uses the FOCUS software to help manage both BMR compliance and a Rental Registry.

Fig. 1: Foster City Rental Housing Tenure by Units in Structure Source: US Census, American Communities Survey, 2022, Chart B25032

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A Rental Registry provides accurate real-time data on rental housing tenure and rental units by structure size and serves as a tool to identify the locations of older buildings where displacement due to rehabilitation is at higher risk. This information would be useful for applying for grants for developer loan programs and other financial assistance programs, such as tenant relocation assistance programs.

City Council Study Session September 16, 2024
On September 16, 2024, the City Council held a Study Session to discuss Anti Displacement Strategies and provided the following directions to staff, including:

1. Include the following recommended strategies in the Anti-Displacement Strategy document:
a. Tenant and landlord education and outreach for all rental units b. Extend AB 1482’s “No Fault Just Cause” lease termination provisions to BMR units
c. Apply a minimum tenant relocation payment equal to three month’s rent according to published U.S Department of Housing and Urban Development (HUD) Fair Market Rent (FMR) rates to BMR tenants as required for “No Fault Just Cause” lease terminations.

2. Change the BMR Guidelines to apply to all BMR rental units (both existing and future) to a maximum rent increase of 5%; and

3. Establish the Anti-Displacement Strategy as a mandate for BMR landlords/property managers and codify the strategies in an Ordinance.

An expanded Rental Registry with participation mandated through an Ordinance could provide data on lease terminations and rent increases for BMR units to assist staff in monitoring these provisions of the Anti-Displacement Strategy.

Options for the City Council’s consideration:
(1) Expand the provisions of the existing Compliance software for BMR rental units to include real-time, accurate data, and data and analytics capabilities on vacancies, lease terminations, and rent increases (426 units). Data already collected in the FOCUS software program includes the following items:
Contact information for owner
Contact information for property manager
Property address
Unit number
Number of household members
Number of bedrooms
Monthly tenant rent
Monthly subsidy, if any
Occupancy status (vacant or occupied)
Move-in date or vacancy date

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BMR-specific data, including utility allowance amount, tenant name, household income, household income at move-in, affordability restriction (% of AMI), and date of last income recertification
In addition to the data already collected and listed above, expanded provisions could include the following:
Year property was built
Number of bathrooms
Square footage of the unit
Lease Term
Reason for vacancy
Increase in rent
List of utilities charged to tenants
Date of Notice to Pay or Quit
Property amenities/elevators
Parking spaces included
Whether the unit is accessible or adaptable
Assessor’s Parcel Number (APN)
(2) Extend the provisions of the existing BMR Compliance software, with additional data collection at the Council’s discretion as listed above in Item (1), to Foster City multi-family rentals of three or more units (approximately 4,700 units) to provide a comprehensive database of rental properties, units, vacancies, and rental rates. (3) Extend the provisions of the existing BMR Compliance software, with additional data collection at the Council’s discretion as listed above in Item (1) to all Foster City rental units (approximately 6,000 units) to provide a comprehensive database of rental properties, units, vacancies, and rental rates. (4) Should the selected option by the City Council be encouraged on a voluntary basis or established as a mandate? Any such mandate would require the adoption of an Ordinance. It shall be noted that if the Council’s direction is to establish the program as a mandate, staff will need to conduct extensive outreach to stakeholders, including property managers, landlords etc.

As noted previously, Option 1 would support the direction provided by the City Council for an Anti-Displacement Strategy at the September 16, 2024, Study Session.

Options 2 and 3 would support the direction provided at the Study Session and provide additional insightful data regarding market-rate rents and vacancies for comparison.

However, analysis of market-rate rental data is not a requirement to implement the Anti- Displacement Strategy. Based on the Council’s direction, staff will return to the City Council at a future date to discuss other considerations pertaining to the Rental Registry Program, including:

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Costs and Pricing Structures for expanding the existing software or acquisition of new software
The current software, FOCUS, costs $5,500 annually to all existing BMR rental properties and is borne by the City. Housing Compliance Services has indicated a willingness to explore expansion and customization of the FOCUS software to provide additional features at additional cost. However, FOCUS would remain for use for BMR units only.

On August 20, 2024, the City issued a Request for Proposals (RFP) for BMR Compliance software and professional services to administer a potential Rental Registry program ( see Agenda Item 5.5 in the link). The RFP was issued on August 20, 2024, with a due date of September 10, 2024. Staff received four (4) responses, including Tolemi, HdL Companies, Deckard Technologies, and 3D.

The cost of a Rental Registry would vary depending on the software's complexity and the degree to which the City of Foster City subsidizes the costs or passes them on to landlords. The costs range from no hard costs to the City if all registration fees are borne by property owners to about $100,000 to launch a system. Annual costs to the City for program administration range from $0, if all costs are borne by property owners, to between $10,000 and $70,000 per year.

California Environmental Quality Act
CEQA General Rule Exemption pursuant to Section 15061(b)(3)

FISCAL IMPACT
There is no fiscal impact in receiving this report. Depending on the Policy direction provided by Council, staff will bring a future item that would discuss fiscal impacts associated with each of the options.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:

None

9.2 9.2 Staff Report

233

Prepared Date 9/5/2024 City of Foster City, CA
Accounts Payable Check Register

Accounting Period 2025/3
Report Number 7
Check Date Check Number
152875
Vendor Name

DANIEL STRAMBI
Description
LONGEVITY 08/16/24-09/15/24
Check Amount
9/5/2024 350.00
350.00
Submitted for Information:
____________________________________________
Waqas Hassan, Assistant Finance Director
(For Edmund Suen, City Treasurer)
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON SEPTEMBER 5, 2024

10.1 Warrant Register Report FY 2024-2025 Number 7 - September 5, 2024

234

Prepared Date 9/5/2024 City of Foster City, CA
Accounts Payable Check Register

Accounting Period 2025/3
Report Number 7A
ACH Date ACH Vendor Name Description Amount
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
9/5/2024
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
WILLIAM CLARK LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
LONGEVITY 08/16/2024-09/15/2024
210.00
200.00
200.00
275.00
140.00
210.00
350.00
350.00
345.00
140.00
210.00
350.00
350.00
350.00
345.00
350.00
350.00
140.00
4,865.00

BARBARA SCHUTZ

DAVID VILLANUEVA

MOSHE JOSHUA

GLENN WILSON

ERIC EGAN

DOUGLAS ESTILL

THOMAS LINARI

MONICA MEDRANO

JOSEPH PIERUCCI

BRIAN TIDWELL

MICHAEL TOWNS

CHARLES GOODWIN

KENNKETH LAMBRO

MOHAMMAD ASLAM

KRAIG WHITNEY

ALBERT PIACENTE

STEVEN ARCHER
Submitted for Information:
____________________________________________
Waqas Hassan, Assistant Finance Director
(For Edmund Suen, City Treasurer)
ACH ON THIS REGISTER PROCESSED ON SEPTEMBER 5, 2024

10.1 Warrant Register Report FY 2024-2025 Number 7A - September 5, 2024

235