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Councilmember Sullivan questioned how the City verifies LEED or Build It Green checklist measures for projects, and Mr. Corbett and Ms. Rondash both reviewed steps taken to verify items requiring credits are incorporated into plans during the plan review process, that respective items are field inspected, and at times, additional paperwork is called for such as receipts and MSDS sheets. Councilmember Cook- Kallio questioned and confirmed that occupancy is not granted until checklist items are resolved. For special instances where items may have inadvertently not been installed or the wrong materials used, plans are red - lined, the checklist is re- evaluated, and points re- captured through use of other measures. Vice Mayor Thorne clarified that the Planning Commission will be able to add requirements which could fall into Tier 2 level items, particularly for PUD's, where certain findings must be made, and staff will have the ability to enforce LEED measurements, when used in lieu of the CalGreen standards. Councilmember McGovern asked for a way to provide the Council with what Basic standards include as compared to Tier 1 and Tier 2, as well as LEED and Build It Green standards, and said it was difficult for her to approve something she has not had a chance to review. She also would have liked staff to conduct outreach to the green building industry on the ordinance, and hoped this could be done in the future for like ordinances. Mayor Hosterman opened the public hearing. Public Comments: Wendy Sommer, Stopwaste.org, thanked staff for keeping them in the loop, inviting them to several meetings, and commended them for the comprehensive staff report. She noted that Stopwaste.org was the first developer of green building guidelines which were the basis for the green point rated system, a statewide residential green building system developed and administered by Build It Green. The process involves a lot of stakeholders and while they are one of the major stakeholders, they are not in charge of administering or certifying projects. She pointed out that the green point rated system was developed by Build It Green and suggested using that terminology rather than using the "Build It Green system ". She supported staff's recommendation for the alternative process of using third party verifiers as an alternative to Tier 1; however, they still recommend the Council only adopt the CalGreen Basic tonight and not the Tier 1 because of the verification process. While she agrees that staff has extensive experience in verifying projects, the CalGreen system has not yet developed procedures for verification. A set of guidelines was released on December 16, 2010 for non - residential, but the residential guidelines have not been released and they are not verification procedures. There is no guarantee that structures built without verification procedures are indeed meeting the intent of Tier 1. Also, guidelines do not apply to multi - family or mixed use, and these are two items included in the ordinance. Councilmember Sullivan questioned and confirmed with Ms. Sommer that the State has plans to address multi - family and mixed use residential in the future, such as Hacienda. Ms. Sommer indicated that should the Council adopt the Tier 1 recommendations tonight, she recommends to not allow self- certification, thereby not allowing applicants to self- certify measures for Tier 1, and secondly for the City to establish a date certain for staff to return to the Council and present specific verification procedures for implementation of Tier 1. City Council Minutes Page 8 of 15 January 4, 2011