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Councilmember McGovern questioned and confirmed with Mr. Dolan that the guidance document did not address multi - family or mixed use. Mr. Suliens added there is no Tier 1 for multi - family and high rise buildings are not addressed. Councilmember McGovern noted the City is working with Hacienda Task Force and a large development, and she does not want to lose the ability to look for green building. Mr. Dolan agreed, but said he thinks there is simply a disagreement on how difficult it is to verify relative to the experience the City has, and guidance is forthcoming. Councilmember McGovern questioned if Stopwaste.org was looking for 75% diversion from C &D. Mr. Sullens said they are looking for model policies similar to what the City has which is 100% diversion of inerts, soil, concrete, and at least 50% of the remaining waste stream. The most progressive City is Oakland, at 65 %, and Ms. Sommer said in addition, the County has a plant debris landfill ban. Councilmember Sullivan noted the plant debris ban supersedes this regardless of CalGreen, and Mr. Sullens agreed, unless there was a more stringent ordinance in place. Councilmember Cook- Kallio questioned again whether the City has some way to address multi- family and mixed use such as what is proposed for Hacienda. Ms. Rondash said for such a project which is substantially larger or taller than anywhere else in the City, the project could have the ability to be conditioned to default to a third party rater system. Mr. Corbett added that Title 24 has differentiated high rise residential from low rise residential for many years. Low rise is 3 stories and less and CalGreen covers this. Under the Building Code, the typical mixed use building is retail on the ground with residential above. There could be the bottom floor of retail and 3 stories of residential, and CalGreen would apply with non- residential requirements on the bottom portion and residential requirements for the top 3 stories. He noted Tier 1 applies to all low -rise residential, which is 3 stories or less. He clarified that if the City some day has 6 story developments, a third party rating system would need to be in place. For instance, Fremont adopted Tier 1 for low rise residential and they defined that as 6 stories or less in their ordinance. Therefore, a local amendment could cover those potential projects. Councilmember McGovern voiced a need for the ordinance to have goals inclusive of the City's needs for the future. She suggested reviewing the ordinance and upcoming projects and to keep the ordinance in a "holding pattern" until the City gets to its Climate Action Plan to do what is best in green building. Mr. Fialho noted the Climate Action Plan will identify objectives for reducing greenhouse gases in the community and will compare this against the amount of growth anticipated over time. It will be very specific in terms of what the City does. Some of this will relate to green building measures, and there will come a time to consider this later in the year where the Council may need to make special amendments to ordinances to accomplish those objectives. Regarding a "holding pattern" with further augmentation to come at a later time, this is something that will happen. The Council's discretion on requiring certain mitigations will still be in place. City Council Minutes Page 11 of 15 January 4, 2011