Item 2C: Amendment to Sustainable Building Policy

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Adoption of Resolution 4887 Amending the Sustainable Buildings Policy Adopted By Resolution No. 4884 Meeting Date: August 14, 2006 Agenda Item Number: 2C Department: Central Services Staff Contact: Glen Svendsen www.eugene-or.gov Contact Telephone Number: 682-5008 ISSUE STATEMENT When the City Council adopted the Sustainable Building Policy, Resolution 4884, a change to the exception policy was incorporated. This change, as worded, unintentionally made it mandatory that the two reasons for requesting an exception both be met, rather than having either condition be sufficient for requesting an exception. This agenda item is an amendment to Resolution 4884 that clarifies the waiver language to provide that meeting either condition is a basis for requesting an exception from the council, achieving the intent of the original revision to the exception policy in Resolution 4884. BACKGROUND On July 10, 2006, the council adopted Resolution 4884, establishing a Sustainable Building Policy for the siting, design, construction, operation and maintenance of City buildings. This resolution included requirements that buildings 10,000 square feet or larger achieve a “Silver” certification under the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) program. Section 5 of Resolution 4884, as initially recommended by staff, also provided for reduction or waiver of this certification requirement if specific conditions were met, or if the City Manager found a reduction of waiver to be in the public interest. If achieving a Silver certification was not “cost-neutral,’ the two specific conditions for requesting a reduction or exception to certification were: 1) that the requirement to achieve Silver certification would result in costs 10% or greater than standard City construction; or 2) if an outside agency providing the majority of funding for a project did not recognize LEED certification as an acceptable project expense. During the July 10 meeting, the council amended the proposed resolution to require City Council approval of any reduction or waiver of the certification requirement. However, in doing so, the language of the amendment inadvertently made it mandatory that both provisions be met for requesting an exception to certification. This resolution changes Section 5 of Resolution 4884 to clarify that the two conditions for requesting an exception to the certification requirement are independent, and projects meeting either condition would require City Council approval of a reduction or waiver of the certification requirement. L:\CMO\2006 Council Agendas\M060814\S0608142C.doc