Open Space and Ecology Committee

OPEN SPACE AND ECOLOGY COMMITTEE

July 14, 2004

MAIN CONFERENCE ROOM, CITY HALL, 50 PARK PLACE, BRISBANE, CA

CALL TO ORDER/ROLL CALL

Committee Chair Miller called the meeting to order at 7:00 p.m.

Committee Members Present: Bouscal, Court, Gutekanst, Jameel, Tysen, Wall, and Chair Miller Committee Members Late: Barnes (arrived at 9:30 p.m.) Committee Members Absent: Johnson Staff Members Present: Open Space and Ecology Analyst Pontecorvo, Assistant to the City Manager Smith

* MC = Member of Committee

ADOPTION OF AGENDA

Chair Miller suggested adding a report on the water and sewer rate structure under “Update on City Council Actions.” Under “Other Committee Matters,” he proposed including an update from MC Barnes and Assistant to the City Manager Smith on conversations with the staff regarding environmental purchasing policies.

MC Gutekanst made a motion, seconded by MC Tysen, to adopt the agenda as amended. The motion was carried unanimously.

VEGETATION MANAGEMENT PROGRAM - PROPOSAL FOR YEAR 2

Open Space and Ecology Analyst Pontecorvo noted the committee had a preliminary discussion on Year 2 of the Vegetation Management Program at the June 9 meeting. She presented a revised report with proposed recommendations for the City Council.

Ms. Pontecorvo said the second year program will continue and expand on the work done during the first year. She pointed out that the goals of the program remain the same, and there are three major components: volunteer stewardship work, eucalyptus control, and vegetation mapping. She noted the top priority will be maintaining previously treated areas by controlling regrowth of invasive plants and monitoring changes in the landscape.

In discussing the volunteer stewardship program, Ms. Pontecorvo said, the committee’s direction was to have the City take the initiative in planning a second San Bruno Mountain Habitat Restoration Day in April of 2005. At that time, volunteers would Open Space and Ecology Committee July 14, 2004 Page 2 return to the water tank site and work on new infestations of invasive species. The committee also determined that collaborative partnering with other organizations such as Mountain Watch would be the best way to leverage the City’s limited resources to promote public education and volunteer stewardship.

Ms. Pontecorvo noted the Year 2 program calls for beginning eucalyptus control activities in October after the raptor nesting season. She said activities will include cutting and treating several large trees, removing regrowth and seedlings, and treating areas with herbicide.

Ms. Pontecorvo reported that vegetation mapping did not occur in the spring as anticipated, but the consultant will be available this fall. She said the Year 2 program proposes mapping of vegetation at the water tank side, the eucalyptus area, and sections above Harold Road. This data can then be used to plan future restoration efforts.

Ms. Pontecorvo observed that complete eradication of all invasive exotic plants is not possible, but the spread of the most problematic species can be controlled. Over time, she noted, the Brisbane Acres can be restored to provide healthy ecological communities dominated by native species that support endangered butterfly habitat.

Ms. Pontecorvo said the projected costs of the vegetation management program for Year 2 will be about $20,000, the same as last year’s expenses.

MC Gutekanst suggested talking about the Open Space Fund budget before taking action on the Vegetation Management Plan.

Chair Miller recommended revisiting the idea of a habitat overlay ordinance to control invasive plants on private property. He noted both MC Johnson and MC Barnes expressed a strong interest in exploring this option.

MC Bouscal commented that a habitat overlay ordinance could pave the way for obtaining grants similar to those used by the Fire Department for fuel reduction efforts.

Chair Miller said the ordinance would be based on the same principle as the City’s weed abatement efforts.

Ms. Pontecorvo suggested adding a recommendation to the Year 2 program to research the possibility of a habitat overlay ordinance. Committee members concurred.

UPDATE ON CITY COUNCIL ACTIONS (Out of Order)

Open Space and Ecology Committee Budget and Open Space Fund Allocation

Assistant to the City Manager Smith reported that a status quo budget was approved for the City’s Open Space and Ecology program, so the committee will have the same level Open Space and Ecology Committee July 14, 2004 Page 3 of staffing and support as last year. He said the City Council approved a $20,000 allocation from the Open Space Fund for the Vegetation Management Program. The Council also authorized transfer of $97,436 from the Special Beautification Fund to the Open Space Fund. Mr. Smith added that this amount is consistent with the City’s open space contribution formula.

Chair Miller said Mr. Smith made a good presentation at the Council meeting. He added that Councilmembers asked some questions and made generally positive comments about the open space program.

VEGETATION MANAGEMENT PROGRAM - PROPOSAL FOR YEAR 2 (Continued)

Chair Miller proposed finalizing the Year 2 Vegetation Management Program for presentation the Council, with the additional recommendation about the habitat overlay ordinance.

Assistant to the City Manager Smith said the staff will proceed to prepare an agenda report for the City Council.

MC Gutekanst suggested waiting to see how the eucalyptus work goes before presenting the proposal to the City Council. Other committee members agreed there was no rush to submit the Year 2 proposal.

MC Tysen made a motion, seconded by MC Gutekanst, to approve the Vegetation Management Program recommendations as proposed. The motion was carried unanimously.

INTERNATIONAL COUNCIL ON LOCAL ENVIRONMENTAL INITIATIVES

Open Space and Ecology Analyst Pontecorvo noted that at the last meeting, the committee requested more information on the International Council for Local Environmental Initiatives (ICLEI) She provided an overview of the organization’s mission and programs. She said ICLEI is an international membership association of about 450 local governments worldwide working to implement sustainable development.

Ms. Pontecorvo reviewed ICLEI’s definition of sustainable communities, focusing on managing resources within ecological limits, providing the means for citizens to meet economic needs, and promoting socially just and vibrant communities. In order to further its mission, ICLEI has developed several programs to address a variety of issues ranging from climate change to water conservation. Ms. Pontecorvo described ICLEI’s Communities 21 program, which offers tools and training to assist local governments in developing policies and programs that reflect sustainability criteria. Open Space and Ecology Committee July 14, 2004 Page 4

Ms. Pontecorvo noted the Communities 21 program identifies five broad milestones to implement its goals: 1) establishing a participatory process, 2) conducting a sustainability inventory, 3) setting a community sustainability vision; 4) developing and implementing a sustainability action strategy; and 5) monitoring and evaluating progress.

Ms. Pontecorvo said the cost for the City of Brisbane to join ICLEI would be about $600 per year. However, the tasks required to implement a comprehensive sustainability program such as Communities 21 would require considerable work and expense. Given the City’s limited resources, staff believes such an effort would be cost-prohibitive at the present time.

Chair Miller noted that a couple neighboring cities with sustainability reports mentioned that ICLEI was an outstanding source of references and resources. He suggested it might be beneficial for Brisbane to join the organization to take advantage of some of those resources. He added that Brisbane could become a member without undertaking the extra cost of implementing a comprehensive sustainability program.

MC Tysen asked what Brisbane could expect to receive for the cost of membership. Ms. Pontecorvo responded that all ICLEI members can participate in governance and network with communities internationally. She added that most of the organization’s publications and resources are available to non-members as well.

MC Court asked Ms. Pontecorvo if she thought it would be worthwhile for Brisbane to join. Ms. Pontecorvo said she was not sure whether membership would offer many benefits for Brisbane.

Chair Miller suggested considering membership at some point in the future. He recommended staying in touch with ICLEI in the meantime and inviting the executive director to make a presentation to the committee in a few months. Other committee members endorsed this approach.

UPDATE ON CITY COUNCIL ACTIONS (Continued)

Construction and Demolition Waste Ordinance

Assistant to the City Manager Smith reported that the City Council introduced a construction and demolition debris ordinance at its July 6 meeting. Councilmembers proposed a few minor changes, and the ordinance will come back for a second reading and adoption at the July 19 meeting.

Chair Miller noted Councilmember Panza proposed using the fees collected under the ordinance to promote the concept of recycling of construction debris. He supported the idea of encouraging even exempt projects to participate. Open Space and Ecology Committee July 14, 2004 Page 5

Chair Miller commended the committee and staff for their hard work on the ordinance. He said the resulting ordinance was well thought out and well received by the Council.

Water and Sewer Rate Structure

Chair Miller noted another agenda item at the July 6 Council meeting was proposed increases in water and sewer rates. He said he participated in the discussion and suggested revising the ordinance to reward conservation. In particular, he recommended lowering the base sewer rate and charging progressively more for heavy water users. In response, the Council asked the staff to look at those possibilities.

MC Bouscal commented that he previously recommended that the City consider using cisterns to store groundwater for irrigation. He noted stored water could also be used for drinking if it can be treated. He also suggested investigating the possibility of using wells to draw water in the event of a catastrophic failure of the San Francisco system. MC Bouscal noted Brisbane has only about one week’s supply of water, but failure of the Hetch Hetchy system could result in outages lasting up to 60 days.

MC Court said a hydrology consultant advised her that Brisbane has no large underground water reservoirs, so drilling wells may not be feasible.

MC Court stated that she has two cisterns on her property, which only fill up during the winter, so stored water is not available during the summer months when it is most needed. She added that maintaining the water in the cisterns has been a problem. She expressed her opinion that cisterns might not be worthwhile, except as an emergency back-up.

MC Court noted other communities have been able to truck in water during emergencies. She pointed out this might be a good solution for a single incident, but the whole Bay Area would be affected by a Hetch Hetchy problem.

HCP TRUSTEES MEETING/AMENDMENT UPDATE

Assistant to the City Manager Smith reported that the HCP trustees met on July 2, and one of the primary topics discussed was a request to the PUC to support further study of a different alignment for the proposed PG&E 230-kilovolt transmission line. Using a map, he pointed out the preferred route through Daly City, over Guadalupe Canyon Parkway, and then going north underground. He said Daly City raised a number of concerns about the proposed route, including its proximity to four schools. As an alternative, Daly City proposed routing the line through the existing PG&E easement over San Bruno Mountain to the Martin substation.

Mr. Smith said there has been some discussion about the feasibility of placing the line within the existing easement and whether new towers would need to be built. He noted the HCP trustees are concerned because of the potential impact on habitat, and the U.S. Open Space and Ecology Committee July 14, 2004 Page 6

Fish and Wildlife Service raised concerns about constructing new towers on the mountain.

Mr. Smith added that the HCP trustees and three cities have gone on record as supporting Daly City’s request to study the proposed alignment as an alternative.

Mr. Smith said the HCP trustees discussed the possibility that the PG&E project may require a new HCP amendment if the study cannot be completed during the current amendment process.

Mr. Smith noted there was a meeting in Brisbane several weeks ago with environmental groups, Supervisor Nevin, and the city attorney from Daly City to talk about the project. He said the possibility of requiring PG&E to contribute to the HCP as a mitigation measure was discussed, but the environmental groups felt a monetary contribution would not offset the potential damage.

Chair Miller observed that PG&E will not be able to move forward with the project if any callippe habitat is involved because there is no taking permit. He said PG&E would need to develop a whole new HCP, a process that could take years.

MC Bouscal noted the trustees also talked about approaching the San Francisco PUC as well to make contributions to the HCP to compensate for their easements and maintenance work.

Chair Miller commented that the entire HCP amendment process has been delayed, and he questioned how the proposed timelines can be met.

Mr. Smith said that in their comments on the amendment, the U.S. Fish and Wildlife Service recommended developing a new stand-alone HCP and issuing new permits rather than making changes through the amendment process. Consultants from Thomas Reid Associates pointed out that this would go well beyond the scope of work established at the start of the process and would take much more time and money.

Mr. Smith noted the U.S. Fish and Wildlife Service scheduled scoping meetings for the EIR/EIS on July 29 in Brisbane. Chair Miller questioned how the scoping meeting can take place before the document is available. Mr. Smith said he was not sure how the process would unfold. He expressed his opinion that it was unlikely a draft would be disseminated in the near future.

Mr. Smith said funding for the program is another major issue. The U.S. Fish and Wildlife Service is contending that the permit cannot be issued until funding is ensured, and funding depends to some extent on a vote of the electorate. Mr. Smith noted that Brookfield Homes is looking at the possibility of establishing an endowment fund, which would essentially double the amount available for the HCP. However, there would still be a gap that would need to be filled in some other way. Open Space and Ecology Committee July 14, 2004 Page 7

MC Bouscal commented that Brookfield Homes is losing a substantial amount money each day they are unable to begin construction on their Northeast Ridge project.

Mr. Smith encouraged committee members to attend the U.S. Fish and Wildlife Service scoping sessions on July 29 to find out more about what is going on. MC Bouscal said he planned to attend, and Ms. Pontecorvo also volunteered to go.

Chair Miller suggested agendizing this topic for discussion at the next meeting.

OTHER COMMITTEE MATTERS

Grant Research Subcommittee Report

MC Bouscal said he and MC Barnes have not had a chance to meet. He added that he was waiting to hear back from Philip Batchelder, who plans to contact a grant writer he knows.

Assistant to the City Manager Smith noted Mr. Batchelder requested copies of the grant applications the City previously submitted to U.S. Fish and Wildlife Service and the Coastal Conservancy.

Baylands Community Forums

Chair Miller drew attention to the handout materials from the June 28 forum on sustainable communities.

Chair Miller noted the forum featured a panel discussion between consultant John Zinner, a representative from Palo Alto, and a representative from the Alameda County Integrated Waste Joint Powers Agency. He added that the session was informative and interesting.

Chair Miller said one of the points the speakers emphasized was the need to have green building regulations in place so developers can plan accordingly.

Chair Miller reported that at the July 6 Council meeting, the City Council considered a proposal to hold a meeting for the purpose of allowing the developers to respond to the workshops. He said he and other speakers urged the Council to take input from members of the community first. In response, the Council decided to hold a couple public workshops to clarify the relationship between general plans and specific plans and to help define the community’s vision for the Baylands. Chair Miller encouraged committee members to attend the next Council meeting, when these plans will be discussed in more detail. Open Space and Ecology Committee July 14, 2004 Page 8

MC Bouscal said he spoke with a Universal Paragon Corporation representative after the last forum session and asked if UPC would be willing to pay to have the public input session televised. The representative indicated that UPC would be willing to pay. MC Bouscal recommended that the City send out a mailer to notify members of the community. He noted some people do not pass by the community signboard on a regular basis, so they may not see notices posted there.

MC Jameel expressed support for the idea of identifying specific issues and topics for the public workshops. He emphasized the importance of having a well organized agenda to help focus discussion and expedite the process. He recommended attaching the workshop agenda to the mailer so people know what will be discussed.

MC Gutekanst agreed that it would be helpful to establish a framework for discussion. She suggested using the headings in the General Plan as topics. She also pointed out that some people may have comments that do not fit into any category, so there should be enough flexibility to allow them a chance to articulate their concerns.

MC Jameel observed that Michael Freedman’s presentation generated a number of questions regarding development concepts and land uses. He recommended using some of those areas to facilitate discussion of the community’s vision for the Baylands.

MC Wall said she would like to see people talk about what they would like to see in terms of types of development for the Baylands.

MC Wall noted it would be helpful to impose time limits on public comments to ensure enough time for everyone to be heard.

MC Wall apologized for having to leave early, and she excused herself from the meeting.

MC Bouscal noted the facilitator at the community forum regarding Brisbane Acres and the Quarry project did a good job keeping people focused on the agenda and moving the discussion along. He recommended that members of the City Council and Planning Commission attend the workshop sessions so they can hear firsthand what the community wants.

MC Bouscal said UPC representatives indicated that they want to build an auto mall at the Baylands. He noted it might be possible to incorporate that use with other types of development more appealing to the community.

MC Jameel suggested discussing all of these ideas at the public workshops. He added that the City should try to encourage as much citizen participation as possible.

Chair Miller welcomed suggestions regarding next steps. MC Jameel proposed that the Open Space and Ecology Committee prepare a list of proposed topics to be addressed at Open Space and Ecology Committee July 14, 2004 Page 9 the public forum sessions. Assistant to the City Manager Smith cautioned that the committee should not undertake tasks unless requested by the City Council.

MC Gutekanst recommended that committee members attend the forums and participate as citizens.

MC Jameel expressed his opinion that the public forums serve a useful purpose in educating people and exposing them to possible types of development that might be acceptable.

Sustainability Forum/Solar Forum

Chair Miller suggested postponing this discussion until MC Johnson was present.

Sustainability Reports from Other Cities

Chair Miller said he asked Open Space and Ecology Analyst Pontecorvo to check what other cities have done regarding sustainability programs. Ms. Pontecorvo distributed some case studies and materials she had gathered. She noted some cities have worked with ICLEI to create sustainability plans and programs, and others have developed programs independently. She observed that each city established some kind of committee or task force to spearhead their sustainability efforts.

Ms. Pontecorvo said Santa Monica and Seattle are often cited as models for other communities. She noted Santa Monica created a sustainability plan ten years ago and did an extensive sustainability inventory. She noted Palo Alto is the best example close to Brisbane.

Chair Miller encouraged committee members to review the materials and check the Website references. He asked the staff to check with City Manager Holstine to find out what is already being done and what else might be feasible. He suggested agendizing this topic for further discussion at the next meeting.

Status of Consultant for Sustainable Building Ordinance

Assistant to the City Manager Smith said Community Development Director Prince has not yet had an opportunity to meet with John Zinner to discuss hiring him as a consultant to assist the City develop a sustainable building ordinance. Mr. Prince indicated the next step would be to define the scope of work more specifically. Once that is in place, the City could develop a request for proposals (RFP) to determine what other consultants would charge.

Mr. Smith suggested it might be helpful to invite Mr. Zinner to meet with the committee to discuss in more detail how to create a sustainability program or ordinance. Open Space and Ecology Committee July 14, 2004 Page 10

MC Jameel expressed his opinion that the City should have an ordinance and policies in place before major development projects move forward. Otherwise, he noted, the City lacks authority to require developers to incorporate green building and energy conservation features. He pointed out that developers would also benefit from having more specific guidance so they can develop designs that are acceptable to the City.

Mr. Smith observed that the County’s checklist is helpful, but an ordinance would have more force.

Open Space and Ecology Analyst Pontecorvo reported that C/CAG is considering hiring a consultant to help develop sustainability guidelines and programs.

MC Jameel advocated a performance-based approach, setting measurable goals and targets for developers that reflect the City’s expectations.

MC Gutekanst noted many governmental entities have developed programs based on LEED criteria. Rather than setting percentage targets or mandates, that program allows developers to choose from a list of alternatives to arrive at an overall score. MC Gutekanst said this approach would allow site-specific needs and constraints to be taken into account.

Chair Miller suggested that a good first step might be to look at model ordinances developed by others.

Mr. Smith recommended defining the scope of work. He observed that the simplest approach might be to ask a consultant to recommend a scope and then use that as the basis for an RFP. He said Mr. Prince proposes asking Mr. Zinner prepare a draft project description, define the scope of work, and outline an overall process.

Chair Miller suggested that Mr. Smith meet with Mr. Prince and convey the committee’s interest in getting the effort moving.

Chair Miller welcomed MC Barnes to the meeting.

MC Gutekanst recommended also contacting the Alameda County speaker who participated in the last forum session.

MC Bouscal said he understood the City would be hiring another staff person to assist with the Baylands development. MC Barnes clarified that the developer will be paying for an additional staff person, but no one has been hired yet.

Chair Miller noted that Community Development Technician Jeannie Naughton has already done considerable research on the topic of green building, and she may be able to help. Mr. Smith said Ms. Naughton is busy with other tasks, so her time is limited. Open Space and Ecology Committee July 14, 2004 Page 11

MC Barnes suggested that the most efficient route might be to use an ordinance developed by another city. He observed that if the goal is to get an ordinance in place as soon as possible, it would be best not to reinvent the entire process.

Mr. Smith said he would talk with Mr. Prince about getting a consultant to define the scope of work.

Update on Environmental Purchasing Policies

MC Barnes said he had not yet talked to the City Manager about what the City is doing already.

Chair Miller suggested agendizing this topic for discussion at the next meeting.

APPROVAL OF MINUTES

June 9, 2004

Referring to the final paragraph on Page 5, MC Gutekanst recommended replacing the period at the end of the first sentence with a comma, and specifying to whom the “he” in the next sentence refers. Chair Miller said the comment should be attributed to him.

MC Tysen noted the comment in the third full paragraph on Page 6 was made by MC Barnes.

On Page 8, under “Open Space Grant Research Subcommittee,” Chair Miller suggested adding a new sentence at the end identifying MC Barnes and MC Bouscal as the members of the subcommittee.

MC Barnes said he would forward the materials he gathered to MC Bouscal. Chair Miller suggested agendizing a report from the subcommittee at the next meeting.

Chair Miller noted the last paragraph on Page 8 refers to a “subcommittee,” and he asked for clarification. MC Barnes said his comment pertained to the Open Space and Ecology Committee, so the word “subcommittee” in the last line should be changed to “committee.”

Referring to Page 9, the second paragraph under “Countywide Green Building Committee Report,” Chair Miller clarified that San Mateo County’s policy applies to every new county building constructed in the county, not “every new building.”

In the first full paragraph on Page 11, MC Gutekanst recommended rewording the second sentence as follows: “Open Space and Ecology Analyst Pontecorvo responded that the staff has not yet created a database of volunteers from the sign-in sheets, and letters had not been sent.” Open Space and Ecology Committee July 14, 2004 Page 12

Ms. Pontecorvo thanked MC Gutekanst for volunteering to complete that task.

MC Tysen made a motion, seconded by MC Gutekanst, to approve the June 9 minutes as amended. The motion was carried, 5 - 0 - 2 (MC Court and MC Jameel abstaining).

AGENDA ITEMS FOR NEXT MEETING

Chair Miller noted the next meeting was scheduled for August 11. He said he was not able to attend, so Vice Chair Gutekanst will chair that meeting.

PUBLIC COMMENT

There were no members of the public who wished to address the Open Space and Ecology Committee.

ADJOURNMENT

There being no further business, the meeting was adjourned at 10:15 p.m.