Resolution No. 4884 - Laserfiche WebLink

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CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL DEPARTMENT To: Mary Feldman Date: July 20, 2006 Subject: Resolution No. 4884 Adopting a Sustainable Buildings Policy CONFIDENTIAL ATTORNEY/CLIENT COMMUNICATION - NOT SUBJECT TO RELEASE UNDER THE PUBLIC RECORDS ACT As you know, Resolution No. 4884 was adopted at the July 10,2006 Council work session as amended by Councilor Kelly. The Resolution adopted the Sustainable Buildings Policy for Buildings Owned and Occupied by the City (the Policy). Councilor Kelly's amendment was to paragraph 5 of the Policy attached to the Resolution as Exhibit A. Confusion as to the exact wording of the amendment resulted in the amendment being transcribed incorrectly. Staff have reviewed the webcast record of Councilor Kelly's motion and advise that paragraph 5 of the Policy should have been amended to read as follows (changes are shown in legislative format for ease of reading): ~ Construction of buildings owned and occupied by the City may be exempt from LEED- NC certification based on a finding that certification would not be economically sustainable. The ability to fund public building projects must also meet the test of reasonableness. In the case where certification at the Silver level is not cost-neutral, the requirement for certification may be decreased to a "Certified" level or waived a) if the costs related to certification are more than 10% above the estimated cost of construction without those measures, b) if the additional costs are related to sustainability goals and certification requirements which have not been formally accepted by an external organization providing the majority of funding for a City project, and c) the City Council [detelnline~ that the intcrest ofthc pub lie i~ best ~Cl ved by an] approves the exemption. To ensure the application of this exemption is used judiciously, a finding of the need for certification at lower than the Silver level or waiver of the certification requirement will be made prior to construction of a project. I concur with staff s recommendation and believe that the above correction does not require a Council amendment to Resolution No. 4884. A copy of this memorandum should be appended to the Resolution. Please let us know if you have any questions. HARRANG LONG GARY RUDNICK P.C. - CrE ATTORNEYS JL:cmc cc: Glen Svendsen David Kelly