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HomeMy WebLinkAboutResolution No. 4884 Jiil~=- COUNCIL RESOLUTION NO. 4884 A RESOLUTION ADOPTING A SUSTAINABLE BUILDINGS POLICY FOR BUILDINGS OWNED AND OCCUPIED BY THE CITY. PASSED: 7:0 REJECTED: OPPOSED: ABSENT: Pape RECUSED: CONSIDERED: July 10, 2006 RESOLUTION NO. 4884 A RESOLUTION ADOPTING A SUSTAINABLE BUILDINGS POLICY FOR BUILDINGS OWNED AND OCCUPIED BY THE CITY. The City Council of the City of Eugene finds as follows: A. On February 28, 2000, the Eugene City Council adopted Resolution No. 4618 which defined "sustainability" and set out a statement of intent regarding the application of sustainability principles to the City of Eugene. That Resolution also affirmed the commitment of City elected officials and City staff to upholding those principles. B. The principles of sustainability recognize the interdependence of the built and natural environments, providing the framework and tools to build and operate facilities in an efficient, healthy, and ecologically responsible manner. Green buildings are important in that they seek to harness natural energy flows and biological processes, reduce or eliminate reliance on fossil fuels and toxic materials, and improve resource efficiency. C. When applied to the siting, design, construction, maintenance and operation of buildings, sustainable principles encompass the following broad topics: efficient management of energy and water resources; management of material resources and waste; protection of environmental quality; protection of health and indoor environmental quality; reinforcement of natural systems; and integrating the design approach. D. It is in the public interest to adopt a sustainable buildings policy for buildings owned and occupied by the City in order to demonstrate the City's commitment to enhance the region's environmental resources, and to yield cost savings to the taxpayers through reduced operating costs. NOW, THEREFORE, based upon the above findings, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. The Sustainable Buildings Policy for Buildings Owned and Occupied by the City attached as Exhibit A is adopted. Section 2. A copy of this Resolution shall be appended to Resolution No. 4618. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted the 10th day of July, 2006. ~ bJP AA- City Recorder Resolution Sustainable Buildings Policy For Buildings Owned and Occupied by the City Purpose The purpose of a Citywide policy on sustainable buildings is to demonstrate the City of Eugene's com- mitment to environmental, economic, and social stewardship, to yield cost savings to the City's taxpayers through reduced operating costs, to provide healthy work environments for staff and visitors, and to con- tribute to the City's goals of protecting, conserving, and enhancing the region's environmental resources. Additionally, the City is in a position to set a community standard of sustainable buildings practices. Policy 1. The City of Eugene shall incorporate principles of sustainability in the planning. financing. siting. design. construction. operation. and maintenance of buildings owned and occupied by the City and associated facilities. a. All City of Eugene buildings and facilities should use the U.S. Green Building Council's LEED™ Green Building Rating System for Existing Buildings (LEED-EB) as a guide for the sustainable operation and maintenance of City buildings. Implementing LEED- EB criteria on an inventory-wide basis is intended to maximize sustainability benefits within existing resources, and provide a means of benchmarking environmental and financial performance improvements in City practices. Certification of existing buildings under LEED-EB will be evaluated for tech- nical and economic feasibility and pursued at the highest feasible level of certification on a case- by-case basis as funding is available. b. All new construction and additions encompassing 10,000 gross square feet or more of building area should achieve a Silver certification level of the U.S. Green Building Council's LEED™ Green Building Rating System for New Construction (LEED-NC). A higher equivalent rating (Gold or Platinum) should be sought where practicable as funding is available. c. New construction encompassing less than 10,000 gross square feet of building area should achieve the equivalent of at least a LEED Silver certification level where technically feasible. Projects of any size for which certification is not feasible due to technical reasons, should use LEED-NC as a guide to incorporate as many sustainable features as economically feasible. d. Building renovation projects should use LEED-NC as a guide and will be evaluated for certifica- tion on a case-by-case basis, as the feasibility of incorporating sustainable features within the context of the existing building will vary widely from project to project. 2. It is City policy that sustainability elements should be considered part of the standard costs of building. renovating. and -preserving public assets. One of the goals adopted by the City Council is that ongoing financial resources will be adequate to maintain and deliver municipal services, including funding for the planning, siting, design, construction, maintenance, and operation of City buildings and associated facilities. Budgeting for new construction, renovations and additions to City facilities should include the costs of incorporating sustainable features and achieving certification goals. 3. Implementing LEED criteria and achievin~ certification will be at the highest level technically and economically feasible. The feasibility of incorporating sustainable features and achieving LEED certi- fications will be based on whether criteria can technically be implemented, and where there is a net Exhibit A to Resolution No. 4884 economic benefit. Building sustainably may increase the initial cost of public building construction, renovation and, potentially, preservation. However, many sustainable features reduce long-term costs of building operation and maintenance. The City will use life-cycle cost and length of payback of ini- tial costs to determine economic feasibility. 4. The level of LEED certification for projects requiring the City to obtain financing will be identified at the time the project budget is adopted by Council. By establishing the level of LEED performance during the budget process, any additional costs of LEED certification can be included in the project financing. 5. Construction of buildings owned and occupied by the City may be exempt from LEED-NC certifica- tion 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 provid- ing the majority of funding for a City project, and c) the City Council determines that the interest of the public is best served by an 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. 6. A report evaluating the City's implementation of sustainable building practices will be submitted to Council each year. To ensure that the City-wide application of the sustainable building policy is implemented in the most cost-effective way, the application of the policy needs to be monitored, and the performance of the various City programs with building activities evaluated and reported annually to the City Council. RESOLUTION NO. 4887 A RESOLUTION AMENDING THE SUSTAINABLE BUILDINGS POLICY ADOPTED BY RESOLUTION NO. 4884. The City Council of the City of Eugene finds as follows: A. On July 10, 2006, the City Council adopted Resolution No. 4884, which adopted a Sustainable Buildings Policy for Buildings Owned and Occupied by the City (the Policy). B. It is necessary to amend paragraph 5 of the Policy to clarify that the basis for exemption described therein requires that the Council approve the exemption based on the existence of at least one, but not necessarily both, of the circumstances described in 5 (a) or 5 (b). NOW, THEREFORE, based upon the above findings, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. The amended Sustainable Buildings Policy for Buildings Owned and Occupied by the City attached as Exhibit A is adopted. Section 2. A copy of this Resolution shall be appended to Resolution No. 4618 and Resolution No. 4884. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted the 14th day of August, 2006. lv\ Cl~~ City Record Resolution Sustainable Buildings Policy For Buildings Owned and Occupied by the City Purpose The purpose of a Citywide policy on sustainable buildings is to demonstrate the City of Eugene's com- mitment to environmental, economic, and social stewardship, to yield cost savings to the City's taxpayers through reduced operating costs, to provide healthy work environments for staff and visitors, and to con- tribute to the City's goals of protecting, conserving, and enhancing the region's environmental resources. Additionally, the City is in a position to set a community standard of sustainable buildings practices. Policy 1. The City of Eugene shall incorporate principles of sustainability in the planning, financing, siting, design, construction, operation, and maintenance of buildings owned and occupied by the City and associated facilities. a. All City of Eugene buildings and facilities should use the U.S. Green Building Council's LEED™ Green Building Rating System for Existing Buildings (LEED-EB) as a guide for the sustainable operation and maintenance of City buildings. Implementing LEED-EB criteria on an inventory-wide basis is intended to maximize sustainability benefits within existing resources, and provide a means of benchmarking environmental and financial performance improvements in City practices. Certification of existing buildings under LEED-EB will be evaluated for tech- nical and economic feasibility and pursued at the highest feasible level of certification on a case- by-case basis as funding is available. b. All new construction and additions encompassing 10,000 gross square feet or more of building area should achieve a Silver certification level of the U.S. Green Building Council's LEED™ Green Building Rating System for New Construction (LEED-NC). A higher equivalent rating (Gold or Platinum) should be sought where practicable as funding is available. c. New construction encompassing less than 10,000 gross square feet of building area should achieve the equivalent of at least a LEED Silver certification level where technically feasible. Proj ects of any size for which certification is not feasible due to technical reasons, should use LEED-NC as a guide to incorporate as many sustainable features as economically feasible. d. Building renovation projects should use LEED-NC as a guide and will be evaluated for certifica- tion on a case-by-case basis, as the feasibility of incorporating sustainable features within the context of the existing building will vary widely from project to project. 2. It is City policy that sustainability elements should be considered part of the standard costs of building, renovating, and preserving public assets. One of the goals adopted by the City Council is that ongoing financial resources will be adequate to maintain and deliver municipal services, including funding for the planning, siting, design, construction, maintenance, and operation of City buildings and associated facilities. Budgeting for new construction, renovations and additions to City facilities should include the costs of incorporating sustainable features and achieving certification goals. 3. Implementing LEED criteria and achieving certification will be at the highest level technically and economically feasible. The feasibility of incorporating sustainable features and achieving LEED certi- fications will be based on whether criteria can technically be implemented, and where there is a net Sustainable Buildings Policy -- Exhibit A to Resolution No. 4887 economic benefit. Building sustainably may increase the initial cost of public building construction, renovation and, potentially, preservation. However, many sustainable features reduce long-term costs of building operation and maintenance. The City will use life-cycle cost and length of payback of ini- tial costs to determine economic feasibility. 4. The level of LEED certification for projects requiring the City to obtain financing will be identified at the time the project budget is adopted by Council. By establishing the level of LEED performance during the budget process, any additional costs of LEED certification can be included in the project financing. 5. Construction of buildings owned and occupied by the City may be exempt from LEED-NC certifica- tion based on a finding that certification would not be economically sustainable. The ability to fund public building proj ects 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 if (a) the costs related to certification are more than 10% above the estimated cost of construction without those measures, or (b) the additional costs are related to sustainability goals and certification requirements which have not been formally accepted by an external organization provid- ing the majority of funding for a City project; and (c) in addition to (a) or (b), the City Council 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. 6. A report evaluating the City's implementation of sustainable building practices will be submitted to Council each year. To ensure that the City-wide application of the sustainable building policy is implemented in the most cost-effective way, the application of the policy needs to be monitored, and the performance of the various City programs with building activities evaluated and reported annually to the City Council. Sustainable Buildings Policy -- Exhibit A to Resolution No. 4887 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