CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: August 24, 2011

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1 ITEM #07 1 CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: August 24, 2011 TO: VIA: FROM: SUBJECT: Mayor and City Council Gus Vina, City Manager Planning and Building Department Patrick Murphy, Planning and Building Director Diane S. Langager, Principal Planner Laurie Winter, Associate Planner Presentation and Discussion of the Draft Invasive & Toxic Plant Policy. BACKGROUND: The Blue Ribbon Environmental Committee (BREC) Report submitted to the City Council in 2002 addressed the problem and challenges of invasive plant species. In June 2007, the City Council directed the establishment of a citizen sub-committee including council member(s) to review the BREC recommendations regarding exotic/invasive plant restrictions and to work with staff to develop policies for the City. In August 2007, City Council directed a two phase approach: Phase I the development of a policy on how invasive plants are to be regulated and Phase II the development of implementation regulations. In September 2007, Council appointed the members of the Subcommittee and appointed Maggie Houlihan as the Council member of the Subcommittee. The Council also directed the Subcommittee to address toxic plants as part of their review. The Subcommittee began work in November 2007 and returned to the Council on May 21, 2008 with a Draft Invasive & Toxic Plant Policy (Exhibit CC-G ). The Council, based on the presentation and discussion of the draft policy, directed staff to initiate the public outreach process. Following the May Council meeting the City received a letter on June 10, 2008 from California Horticultural Invasive Prevention (Cal-HIP) in response to the draft policy noting that they were concerned with the manner in which their organization was referenced in the policy (Exhibit CC- D ). Cal-HIP noted that although they understood the ultimate goal of the draft policy is to work in concert with other efforts like PlantRight, they wanted to ensure that the manner in which they are referenced in the draft policy does not conflict with their efforts which are strictly non-regulatory. Cal-HIP contended that the language in Action Item 11 of the draft policy, with the use of the word shall, indicates that partnerships are a mandated part of the invasive plant policy. Cal-HIP advised the city that it is in conflict with their core mission of voluntary participation. The Subcommittee met to discuss options to address Cal-HIPs concerns, which are attached herein as Exhibit CC-C. Based on the options presented, the Subcommittee, by consensus, decided to revise Action Item 11 of the draft policy to exclude any reference to the PlantRight program as follows: Last printed 8/17/ :20:00 AM Page 1

2 ITEM #07 2 The City shall combine efforts with the California Invasive Plant Council, and the California Horticultural Invasive Prevention (Cal-HIP) partnership on their Plant Right campaign. Additionally, the City shall support and/or combine efforts with the San Elijo Lagoon Conservancy, the Cottonwood Creek Conservancy, the Escondido Creek Conservancy, the Batiquitos Lagoon Foundation, and the Escondido Creek Watershed Alliance to address invasive plants. PUBLIC OUTREACH: As part of the public outreach process, staff conducted four separate focus group meetings in 2009 during the months of October and November. Stakeholders were separated into the following four focus groups: 1. Growers, Nurseries, and Agricultural Commission (October 20, 2009) 2. Chambers, DEMA, Town Councils, and HOAs (October 27, 2009) 3. Developers, Architects, and Landscape Architects (November 3, 2009) 4. Conservancies, Cal-HIP, CNLM, Environmental Plant Council (November 10, 2009) Although the attendance for the focus group meetings was limited, the comments received from the few participants were very beneficial and related to the plant list and how it should be approached (Exhibit CC-F ). Several commented on the number of plants on the invasive plant list and provided suggestions to either prioritize the list or have a phased approach. For example, a suggestion was made to consider a two tiered approach where the first tier would be top priority plants that are most problematic and have demonstrated the ability to impact natural resources. The second tier would include plants that may be causing impacts to natural resources, but those impacts may not be as severe as first tier plants. Another suggestion was to consider a phased approach where the first phase would be to use a Top Ten invasive plant list rather than the proposed plant list. The second phase would be to develop an affirmative (allowed) plant list rather than a prohibited plant list for use on City property. In addition to the focus group meetings, staff made the Draft Invasive & Toxic Plant Policy available for public review and comment at the Encinitas Garden Festival in April 2010 and at the General Plan Vision Festival on May 1, 2010; no formal comments were received at these events. To ensure adequate public outreach and allow for additional opportunity for public comments, a public notice was published in the North County Times and mailed to the Subcommittee, Focus Group, and all speakers from the May 21, 2008 Council Meeting announcing that the Draft Invasive & Toxic Plant Policy will be presented and discussed at the August 24, 2011 City Council Meeting. In March 2010, staff returned to the subcommittee and briefed them on the comments received during the public outreach process and inquired if they wanted to revise the draft policy to address any of the recommendations or comments received. The Subcommittee declined and expressed that they would like to keep the draft policy as it stands. The Subcommittee explained that their goal was always to be proactive by addressing all plants on the list, rather than prioritize plants or have a tiered approach, which could reduce the intent of the policy and the chance of full eradication of a plant that was not a top priority or prohibited on the list (managed control vs. eradication). The Subcommittee did request; however, that the toxic plant list be excluded from the Invasive Plant Policy and Plant List. Last printed 8/17/ :20:00 AM Page 2

3 ITEM #07 3 ANALYSIS: As part of their work, the Invasive Plant Subcommittee drew upon many resources to establish a comprehensive list of invasive and toxic plants from which to base policy recommendations. The Invasive &Toxic Plant Subcommittee worked to establish a set of reasonable goals, strategies, and recommendations to guide the City in implementing an effective and achievable invasive & toxic plant policy. Said policy includes prevention, control management, restoration, along with public education and outreach. Invasive Plant List To create the invasive plant list, the Subcommittee started with an invasive non-native plant list that was complied from three different sources: 1) California Invasive Plant Council (Cal-IPC) Invasive Plant Inventory for the South Coast region of California, 2) The American Society of Landscape Architects San Diego County Invasive Plant Guide, and 3) the Los Angeles and San Gabriel Watersheds Council s Los Angeles Regional Invasive Plant Guide. This initial plant list was then carefully reviewed by the subcommittee. Any plants that were not known to be invasive in the coastal San Diego area, or not considered a significant problem, were removed from the list. Decisions were based on personal experience, field observations, and consultation with regional experts in invasive plant control. The plant list was reviewed by staff in Parks and Recreation, and Public Works. Although the Policy and List are considered draft and have not been formally adopted, staff does utilize the list as a resource and recommends developers not to utilize plants on the invasive list. Additionally, the Parks and Recreation Department work to avoid use of the plants on the invasive list. Toxic Plant List To create the toxic plant list, the Subcommittee relied on information obtained from experts in the fields of botany, medicine and veterinary medicine. The information was obtained from a variety of resources and references as well as consultation with local Poison Control and Humane Society. There are a significant number of toxic plants whose effects on humans and animals range from skin irritations to serious illness and death. The Subcommittee, for purposes of the policy, elected to include only plants that are commonly found in the Encinitas area and are known to cause serious injury and/or death when ingested. Although the Subcommittee created a toxic plant list as part of the policy, the members of the Subcommittee do not purport to have expertise in the area of toxic plants and throughout the process had mixed concerns about including the toxic plant list as part of the policy. As such, at their last meeting in March 2010, the Subcommittee members that attended that evening (4 of the 10) recommended that the toxic plant list be eliminated from the Invasive Plant Policy and Invasive Plant List. Invasive & Toxic Plant Policy The Draft Invasive & Toxic Plant policy, which includes the Invasive Plant List and the Toxic Plant List are attached herein as Exhibit CC-A and are summarized below separately as it relates to invasive plants and toxic plants. Staff has removed all reference to the Toxic Plant Policy and Toxic List, which is shown in strikeout form. Last printed 8/17/ :20:00 AM Page 3

4 ITEM #07 4 Policy Summary Invasive Plants Adopt the Invasive Plant List City property and public rights of way Prohibit use of invasive plants on list. Establish criteria for removal and maintenance. New construction and redevelopment commercial and residential Prohibit use of plants on list. Habitat conservation areas and open space easements Existing: Establish criteria for removal and restoration. Future development: Set eradication and maintenance as condition for development. Outreach and Education Join efforts with public and private entities. Coordinate with school districts and adjacent municipalities, agencies, etc. Develop programs for developers, nursery, and contracting professionals. Create citizen participation programs. Updates Add to list as needed over time. Review entire list at least once every five years. Policy Summary Toxic Plants Adopt the Toxic Plant List City property and public rights of way Prohibit use of toxic plants on list. Remove any existing toxic plants. Implementation Most of the policy actions as recommended by the Subcommittee do not warrant any code amendments. For the most part, the policy would be implemented based on staff work tasks, some of which are already underway. Invasive Action Item #5 related to maintenance programs in habitat conservation areas would be addressed through an Open Space Management Plan of which preparation has been initiated by the City. Additionally, the City has begun implementation of an Early MHCP Implementation Program, which provides funds for basic property management stewardship (i.e. trash and invasive removal, fencing/signage, erosion control, etc.) on city owned property and also provides a financial incentive for HOAs to participate in the program. Both plans together will assist in the prevention, control management, restoration, and public education and outreach regarding invasive and toxic plants. Additionally, as current practice the City utilizes the Cal-IPC Invasive Plant Inventory as part of the review process on discretionary projects subject to CEQA. For example, as part of the CEQA review, the City can impose a condition on the permit through mitigation measures to prevent the planting of invasive plants listed on the Cal-IPC List. In addition, Ordinance established Water Efficient Landscape Regulations (Chapter of the Encinitas Municipal Code). Section B2 specifically states that no invasive species shall be added to the landscaped areas of the following types of projects: Last printed 8/17/ :20:00 AM Page 4

5 ITEM #07 5 Commercial, industrial, institutional or multifamily (including common area) projects where landscaped area is greater than 1,000 square feet. New single-family residences where landscaped area is greater than 5,000 square feet. Optional Policy Revisions for Consideration Staff has made all edits requested by the Subcommittee and throughout the process has notified the Subcommittee that staff would make suggestions for the Council to consider. The following are items for consideration: A. Continue with Current City Practices These practices include prohibit the use of any plants on the Cal-IPC Invasive Plant Inventory on city property and discretionary projects subject to CEQA and/or the provisions of the Water Efficient Landscape Regulations (Chapter of the Encinitas Municipal Code). B. Continue with Current City Practices and include Education and Outreach - Utilize current city practices as in Alternative Action A above and include an education and outreach component regarding invasive plants for all other projects. C. Adopt and Implement the Subcommittee s Draft Invasive Plant Policy and Invasive Plant List with the following revisions (staff recommendation): Invasive Action Item #6 would be revised as follows: All plants listed on the Invasive Plant List shall be prohibited in any private or public project including but not limited to new construction and redeveloped sites for both residential and commercial projects. on city property and discretionary projects subject to CEQA and/or the provisions of the Water Efficient Landscape Regulations (Chapter of the Encinitas Municipal Code). Invasive Action Item #6 as proposed prohibits invasive plants in all new construction and redevelopment projects. As recommended by the Subcommittee, this action item would, for example, apply to an addition to a single family home. The City does not require landscape plans currently for these types of projects. Implementation of this action item at this level would most likely be a burden on homeowners and impact on staff to ensure compliance. Invasive Action Item #7 requires development projects with existing or proposed open space easements to be conditioned to eradicate on-site invasive plants and develop an on-going program for future maintenance. Currently, as part of the CEQA process, the City can impose a condition on the permit through mitigation measures to prevent the planting of invasive plants listed on the Cal-IPC List; however, conditions generally do not include eradicating existing invasives on a project site. Staff suggests the Council consider revising Invasive Action Item #7 as follows: Last printed 8/17/ :20:00 AM Page 5

6 ITEM #07 6 Development projects that include existing or proposed open space easements, for the preservation mitigation of sensitive habitat shall be conditioned to eradicate on-site invasive plants; additionally an on-going program shall be developed for the future maintenance of said habitat conservation area. Exclude all reference to the Toxic Policy and Toxic List from the Invasive Plant Policy and Invasive Plant List as recommended by the Subcommittee. The benefits to Alternative Action A and B are that it is current city practice and that staff utilizes a pre-established plant list that is updated by Cal-IPC rather than by staff; however, the Cal-IPC List may not be the most current resource. The Cal-IPC Inventory was published in 2006 with updates occurring in 2007 and Staff recommends Alternative C. The benefits to Alternative Action C are that the Subcommittee s Invasive Plant List has additional invasive plants not listed on the Cal-IPC Invasive Plant Inventory (Exhibit CC-B ) and the Invasive Plant Policy would further the City s efforts to reduce negative impacts that invasive plants have on natural resources. The invasive plant list is already being used by the Parks and Recreation Department. In addition, the City s Early MHCP Implementation Program can incorporate the recommendation for city-owned open space property. However, it should be noted that staff does not have the expertise to update the Invasive List as proposed in the Draft Policy (every 5 years). A subcommittee would need to be utilized in this effort. Note: In some discretionary projects the Resource Agencies may utilize the Cal-IPC list. For these projects staff would continue to apply the Cal-IPC list if requested by the Resource Agencies. FISCAL AND STAFF IMPACTS: Based on the draft policy the impacts to fiscal and staff resources seems minimal. Staff resources will be needed for required code amendments if the prohibition is tagged to non-discretionary projects. As enforcement would be on a complaint basis, the policy may slightly increase workload of the code enforcement staff. Although many of the recommended policies on city properties are already being implemented by Parks & Recreation staff, implementation of the policy may initially require additional staff resources for maintenance and removal of invasive and toxic plants if efforts are increased. However, many of these efforts can also be handled through the Early MHCP Implementation Program, recently initiated by the City, which covers basic property management and maintenance of open space, including the removal of invasive plants. Additionally, as part of the Early MHCP Implementation Program as well as the (draft) Invasive Policy, volunteer group efforts will be utilized as feasible. ALTERNATIVE ACTIONS: A. Continue with Current City Practices B. Continue with Current City Practices and include Education and Outreach C. Adopt and Implement the Subcommittee s Draft Invasive Plant Policy and Invasive Plant RECOMMENDATION: Receive the report and presentation. The Subcommittee recommends approval of the Policy for Invasive Plants as depicted in Exhibit CC-A. Last printed 8/17/ :20:00 AM Page 6

7 ITEM #07 7 ATTACHMENTS: Exhibit CC-A Draft Invasive & Toxic Plant Policy Exhibit CC-B Analysis of the Subcommittee s Invasive Plant List Exhibit CC-C Comments received at the May 21, 2008 Council Meeting Exhibit CC-D Letter received on June 10, 2008 from California Horticultural Invasive Prevention (Cal-HIP) Exhibit CC-E Invasive & Toxic Plant Subcommittee Issue Discussion Exhibit CC-F Focus Group Meeting Notes from October 20, 27, 2009 and November 3, 10, 2009 Exhibit CC-G May 21, 2008 City Council Agenda Report* * To save on duplication of paper, Exhibit CC-l of the May 21, 2008 Agenda Report has been excluded as it is and included as Attachment Exhibit CC-E of this Agenda Report. Last printed 8/17/ :20:00 AM Page 7

8 DRAFT CITY OF ENCINITAS INVASIVE & TOIC PLANT SUBCOMMITTEE POLICY FOR INVASIVE & TOIC PLANTS Introduction At national, state and local levels, governent representatives, business leaders and private individuals are increasingly concerned about the public safety, economic and environmental problems of invasive non-native plants (referred to hereafter as 'invasive plants'). To address these problems and community concerns regarding toxic plans, the Encinitas City Council established the Invasive/Toxic Plant Subcommittee in September They appointed nine citizen volunteers and one council member to the committee and charged them with establishing a set of reasonable goals, strategies and recommendations that would guide the City in implementing an effective and successful Invasive!Toxic Plant policy. Invasive Plants An invasive plant is a plant from one ecosystem that grows and thrves in a different ecosystem where it does not belong. Plants become invasive when they are so successful in this foreign environment that they displace native plants and adversely affect wildlife habitat, water quality, recreation, and biological diversity by crowding out native species. Invasive plants have a competitive advantage because they are not controlled by predators, and quickly spread out of control. As a result, plants that are invasive cause or are likely to cause harm not just to the native plants in that ecosystem, but also to the wildlife in that ecosystem and to the environment in general, along with the economy, and/or human health. Invasive plants also cause negative impacts by exacerbating flood damage, enabling out of season wildfires, increasing the spread, frequency and intensity of wildfires, and degrading agricultural lands. :!: It is estimated that $85 milion is spent annually in California to combat invasive plant species. In North Coastal San Diego County, more than $4.5 milion has been spent over the last five years battling invasive plants. By addressing this issue now, Encinitas can make great strides to limit the spread of invasive plánts and prevent far more damaging and expensive problems in the future. Toxic Plants As concerns this policy, a toxic plant is any plan knovi' to. cause serious medical injur, illness, or death of a huan or domestic animal. Toxic plants in public areas and public equestrian trails are of concern because they pose a public safety theat. Page 1 of6 ITEM #07 8

9 ITEM #07 9 Goal: Invasive Plant Policy Reduce the negative impacts that invasive plants have on natural resources, the economy and public health, by establishing a comprehensive invasive plant policy. This policy shall include prevention, control and management, restoration, education, and public awareness. Recommended Actions regarding Invasive Plants: i. An Invasive Plant List shall be adopted for use within the Invasive and Toxic Plant Policy. (See Attachment "A") In referencing and enforcing the policy, all plants shall be identified by their botanical names (genus and species). Common names are provided strictly for convenience and are not to be used for evaluation purposes. 2. The use of plants on the adopted Invasive Plant List shall be prohibited on city property and public rights-of-way (including trails, trail buffers, easements, medians, parkways, parks, overlooks, and golf course). 3. Where invasives already exist on city properties and public rights-of-way the following actions shall be implemented: a) Pampas grass (Cortaderia selloana), the ice plants Carpobrotus sppand Mesembryanthemum spp., giant reed (Arundo donax), castor bean (Ricinus communis), the Acacias Acacia cyclops and A. longifolia, and the myoporu Myoporum laetum shall be considered highest priority for immediate removal on both improved and unimproved city properties and public rights-of-way. b) All other invasive plants included on the Invasive Plant List should be removed as part of routine maintenance. Any existing invasive planted intentionally on the properties based on the original project design shall be replaced with a non-invasive species as the opportunity arises (loss of plants and/or funding made available). c) Given that kikuyu grass (Pennisetum clandestinum) is extremely invasive and diffcult to eradicate, the City shall inventory Kikuyu grass infestations and develop a program for their eradication to be completed within 5-10 years. 4. Performance criteria shall be established for maintenance of city properties and public right-of-ways regarding invasive plants, their removal and prevention. Education regarding invasive plants and the City's Invasive Plants policy shall be provided to the landscape firms and contractors hired by the City. 5. The City shall develop a maintenance program to remove, eradicate, and/or control invasive plants in habitat conservation areas and restore these areas. The City shall hire qualified professionals to manage and implement these efforts. Additionally, the City should create a volunteer program to assist in open space management and maintenance modeled after programs such as "Adopt an Open Space." Community invasive plant removal days are also recommended. Page 2 of6

10 ITEM # All plants listed on the Invasive Plant List shall be prohibited in any private or public project including but not limited to new constrction and redeveloped sites for both residential and commercial projects. 7. Development projects that include existing or proposed open space easements for the preservation of sensitive habitat shall be conditioned to eradicate on-site invasive plants; additionally an on-going program shall be developed for the future maintenance of said habitat conservation area. 8. As policies and/or regulations are developed regarding invasive plants, citizen participation programs shall be implemented to fully involve the citizenr as well as potential stakeholders such as, but not limited to, homeowners/homeowner's associations, developers, nurseries/growers, habitat stewards and landscape contractors. 9. Education and outreach programs shall be developed to encourage the use of noninvasive plants as well as to inform homeowners, developers, landscape businesses, retail nurseries and the general citizenr of City policies and regulations related to invasive plants. The following methods/venues are recommended for education/outreach: City website; handouts/fyers at the public counters and libraries, information provided with applications for business license registration, outreach to education institutes such as community colleges and adult education facilities, programs at venues such as San Diego Botanical Gardens, Encinitas Garden Festival, Encinitas Environmental Day, Encinitas Day. 10. The City shall establish a procedure for reporting and follow-up to invasive plant sightings. 11. The City shall support and/or combine efforts with the California Invasive Plant Council, and the California Horticultural Invasive Prevention (Cal HIP) partnership on their "Plan Righ" campaign. ia.cdditionally, the City shall support. and/or combine efforts.with the San Elijo Lagoon Conservancy, the Cottonwood Creek Conservancy, the Escondido Creek Conservancy, the Batiquitos Lagoon Foundation, and the Escondido Creek Watershed Allance to address invasive plants. 12. Outreach/coordination shall be established between the School Districts, Mira Costa Community College, State Parks Department, County of San Diego, NCTD, CALTRAS, the Encinitas Ranch Golf Authority (ERGA), and adjacent communities to further expand and implement the invasive plant policies. 13. A five year review process shall be established and implemented to review the Invasive Plant List to assess whether species need to be added based on changed conditions. Additional plant species may be added to the list by staff during the five year period as warranted based on documentation. Page30f6

11 ITEM #07 11 Coal Toxie Plants To reduce the potential negatiye impacts of toxic plans to public safety in public areas and equestran trails though the establishment of a toxic plant policy. Reeommended Aetions Regarding Toxie Plants: 1. ia.c Toxic Plan List shall be adopted for use \vithn the Invasive and Toxic Plan Policy. (See Attachment "B") In referencing and enforcing the policy, all plants shall be identified by their botanical names (genus and species). Common names are provided strctly for convenience and are not to be used for eyaluation puroses. 2. The use of plants on the adopted Toxic Plant List shall be prohibited on city property and public righs of way (including trails, easements, medians, parkways, parks, overlooks, and golf course)..any existing toxic plant on public propery shall be removed. 3. On private property, plants on the adopted Toxic Plant List shall not be planted or encroach within five (5) feet on either side of an equestran trail. 4. Provide education/outeach to the public and retail nurseries. 5. A five year review process shall be established and implemened to review the Toxic Plant List to assess vffether additional species need. to be added based on changed conditions. Additional plant species may be added to the list by staff during the five year period as waranted based on documentation. Page 4 of6

12 ITEM #07 12 REFERENCES/RESOURCES The Invasive Plant Subcommittee drew upon many resources to establish a comprehensive list of invasive and toxic plants from which to base policy recommendations. The members of the Subcommittee do not purport to have expertise in the area of toxic plants. The list and policies established in regard to toxic plants was based on published information obtained from reliable websites. INVASIVE PLANTS Reference List California Invasive Plant Council (Cal-IPC) 2006 Invasive Plant Inventory, Southwest Region. American Society of Landscape Architects San Diego Chapter, San Diego County Invasive Ornamental Plant Guide. _ affairs.html#draft Los Angeles Regional Invasive Plant Guide, Los Angeles and San Gabriel Rivers Watershed Council, PlantRight Invasive Plants of the South Coast Sunset Zones 18-24, plantright.org/plants/plantlist.php?region=south _coast Resource List The Nature Conservancy: California Invasive Plant Council (Cal-IPC): ww.cal-ipc.org Invasive Plants of California1s Wildlands (publication), by Randall & Hoshovsky: groups. ucam.org/ Santa Margarita and San Luis Rey Watersheds Weed Management Area, D.C. Cooperative Extension Weed Research and Information Center, ucdavis.edu/ California Invasive Plant Council 'Don't Plant A Pest' brochure for Southern California, - ipc. org/landscaping/ dpp/socal. php Personal Communications Jon Rebman, Ph.D, San Diego Museum of Natural History, Botany Department Doug Gibson, Executve Director, San Elijo Lagoon Conservancy Carl Bell, Regional Advisor, Invasive Plants, University of California, Cooperative Extension John Frenken, and Bob Keeley, City of Encinitas Parks & Recreation Department Howard Whitlock, City of Encinitas Public Works Deparment Doug Johnson, Executive Director, CAL-IPC Janet Kister, Sunlet Nursery Eric Larson, Executive Director San Diego Farm Bureau TOIC PLiÅ..NT8 Page 5 of6

13 ITEM #07 13 Referenee List ASPCi'\. (2007). Animal Poison Control Center: Toxic Plants. Retreved December 10, 2007, from ASPCA database. ASPCA. (2007). Animal Poison Contn;l Center: Toxic Plants Horses. Retrieved December 10, 2007, from l.cspca database. County of Los Angeles Department of Arboreta and Botanic Gardens. Poisonous Plants of South ern Califrnia.. Arcadia, California: California Arboretum Foundation. Filmer, An King. (2007). Toxic Plants. Retrei/ed November 26, 2007, from u.e. Davis Plants and Sciences database. Harden, J.'!f. and Arena, J.M. (1969). Human Poisoning from lva#ve and Cuhlvated Plants. Durham, Nort Carolina: Duke University Press. Kingsbury, J.M. Poisonous Plants oftlie United States and Canada. (1964). Englewood Cliff, N.J.: Prenice HalL. Kingsbury, J.M. Deadl Hanest. (1965). Nei,v York, N..: Holt, Rinehar and 'Ninston, Inc. Muenscher, '!f.e. Poisonous Plants of the United States. (1975). New York, N..: The Macmillan Company. Resoiiree List Toxic Plants, California Poison Control System, toxic.htl San Diego Humane Society, A SPC A. http. IInTJmpaspca org li: li:,,'î~\ly\t. Page 6 of6

14 ITEM #07 14 ATTACHMENT "A" DRAFT INVASIVE NON-NATIVE PLANT LIST This is a list of plants that are invasive in Encinitas and our region generally, based upon review of a number of experts and resources. This list should be utilzed in conjunction with the City of Encinitas Invasive and Toxic Plant Policy. The botanical names shall be used for all analysis and decision making; the common names are listed solely for convenience. ~...i?.../?.:..?.mm~... /.../.:...:... Acacia cyclops Coastal Watte, Cyclops Acacia Acacia lonaifolia (A. latifolia) Golden Watte Ailanthus altssima Tree of Heaven Aptenia cordifolia (Mesembryanthemum Heartleaft iceplant, Red Apple, Baby Sunrose cordifolium) Arctotheca calendula Cape Weed A run do donax Giant.Reed, Arundo Asparaqus asparaqoides Bridal creeper, Smilax asparaqus Asparagus densiforus & all varieties Asparagus Fern, Meyers asparagus, Sprenqer asparaqus Asparaaus setaceus (A. plumosus) Fern asparaqus Asphodelus fistulosa Hollow-stem Asphodel, Onionweed Atrplex semibaccata Australian Saltbush Carpobrotus edulis Hottentot Fiq, Hiqhway Iceplant Carpobrotus chilensis Sea Fiq, Hiqhway Iceplant Centaurea solstitalis Yellow starthistle Centranthus rubber (Valeriana rubber) Red valerian, Jupiter's beard Chrysanthemum coronarium Garland or Crown Daisy Cortaderia selloana & all varieties Pampas qrass & all varieties Cortaderia jubata & all varieties Jubata qrass & all varieties Cotoneaster pannosus Silverleaf cotoneaster Cotoneaster lacteus (C. parneyi) Cotoneaster, Crassula ovata (C. araentea) Jade Plant Cupaniopsis anacardioides Carrot Wood Cynara cardunculus Artichoke thistle Cvoerus involucratus (C. alternifolius) African Umbrella Plant Cytisus scoparius Scotch broom Cytisus striatus Portuquese broom Delairea odorata (Senecio mikanioides) Cape Ivy, German Ivy, Dimomhotheca sinuata (D. aurantiaca) African daisy Echium candicans (E. fastuosum) Pride of Madeira Ehrharta calycina Perennial veldt qrass Ehrharta erecta Panic veldt qrass Ehrharta lonqifora Lona-flowered/Annual veldt qrass Eucalvptus camaldulensis (E. rostrata) Red Gum, River red qum Eucalyptus qlobulus Blue Gum Foeniculum vulgare Sweet Fennel, Wild fennel...??.. 1

15 ITEM #07 15 iiyi_ Fraxinus uhdei Everqreen/Shamel/Mexican/Tropical Ash Gazania Hnearis (Gazania longiscapa) Gazania, Gazania daisy, Colorado gold, Hardy qazania Genista monspessulana French broom, Hedera canariensis Algerian ivy Hedera helix Enqlish ivy Hvpericum canariense Klamathweed, Canary Island St. John's Wort Ipomoea purpurea Common Morninq-glory Iris pseudacorus Pale yellow iris, Yellow flag Koelreuteria paniculata Goldenrain tree Lepidium latifolium Perennial pepperweed, Tall whitetop Limonium perezii Perez's Marsh-rosemary, Sea lavender Limonium ramosissimum Alqerian sea lavender Limonium sinuatum Nothc-Ieaf Marsh-rosemary, Statice Lobularia maritma Sweet allyssum Lonicera japonica & all varieties Japanese Honeysuckle & all varieties Ludwiqia hexapeta/a (L. uruquavensis) Uruquay Marsh-Purslane, Water primrose Lythrum salicaria Purple loosestrife Malephora crocea Red-flowered iceplant, Croceum iceplant Melinus rep ens (Rhynchelytrum repens) Natal qrass, Natal ruby qrass, Red top Mentha puleqium Pennyroyal Mentha spicata Spearmint Mesembryanthemum nodiforum Slender-leaved iceplant Mesembrvanthemum crvstallnum Crystalline iceplant Mirabils jalapa (M. lindheimeri) Four O'Clock, Marvel of Peru Myoporum laetum (Myoporum Ngaio, Myoporum, Mousehole Tree perf ora tum) Myriophyllum aquaticum Mvriophyllum spicatum Nassella tenuissima Nerium oleander Oenothera speciosa Olea europaea (fruitinq varieties) Opuntia ficus-indica Parkinsonia aculeata Pennisetum cilare (Cenchrus cilare) Pennisetum clandestinum (Cenchrus c1andestinum) Pennisetum setaceum (Cenchrus setaceum) & all varieties except 'Rubrum'/ 'Cupreum' Pennisetum vilosum (Cenchrus vilosus) Phoenix canariensis Pitosporum undulatum Platanus x acerifolia Retama monosperma (Genista monosperma) Ricinus communis Y..."'..\,......,...'\.~ Parrotfeather Eurasion watermilfoil Mexican feather qrass Oleander Mexican evening primrose Olive Tree Mission Prickly-pear, Indian fiq, Tuna cactus Mexican Palo Verde, Jerusalem thorn Buffelqrass Kikuyu grass Fountain grass Feathertop fountain grass Canary island date palm Victorian- box London plane tree Bridal veil broom Castor bean 2

16 Robinia seudoacacia Schinus molle Schinus terebinthifolius Spartium junceum Tamarix (all s ecies Tropaeolum majus Ulmus parvifolia Vinca major Washin tonia robusta Black locust Peruvian pepper tree, 'California' Pepper tree Brazilan e er tree Spanish broom Tamarisk, Salt-cedar - all s ecies Garden nasturtium Chinese elm tree Greater Periwinkle, Bi Mexican fan palm 3 ITEM #07 16

17 ITEM #07 17 ATTACHMENT "B" TOIC PLANT LIST This list should be utilized in conjunction with the City of Encinitas Invasive and Toxic Plant Policy. There are a significant number of toxic plants whose effcts on humans and animals range from minor skin irritations to serious ilness and death. For purposes of the policy, only plants that are commonly found in the Encinitas area, and are kno'..n to cause serious injury and/or death were included on the list. The botanical names shall be used for all analysis and decision making; the common names are listed solely for convenience. Abrus precatorius Rosary pea, Jequirity pea, Precor bean, ~rayer bean or Love bean Se Atra belladonna Belladonna Entire plant Brugmansia species Angel's trumpet Entire plant Cestrum species Cestrum le Berries and Cicuta doug!asii VVestern water hemlock Entire plant Colchicum aijtumna!e Autumn crocus, meadow saffron Entire plant Conium macu!atum Poison hemlock Entire plant Daphne adom and other Daphne Berries, tlowers, Nausea, vomiting, stomach pains, diarrhea, weakness, cold svioat, drowsiness, colic, weak and fust pulse, trembling, circulatory collapse, coma and death in 1 to 3 days, it eaten. One seed is said to be futal to a child. The seeds being coloiiul (brilliant red and jet black) are H'equently used in rosaries, necklaces and leis. These should be removed H'om homes with small children. Rapid pulse, dilation ot pupils, tever and death, it eaten. One leat can be futal to an adult. Dry mouth, thirst, nausea, vomiting, hallucinations, delirium, convulsions, coma and death, it eaten. Nausea and vomiting, headache, dizziness, hallucinations, muscle spasms, paralysis it eaten. Diarrhea, violent convulsions, tremors, delirium and death, it Burning pain in mouth, nausea, vomiting, diarrhea, cerebral depression and possible death, it eaten. Nervousness, weakness ot the muscles, trembling, coldness, coma, respiratory paralysis and death, it eaten. Burning or ulceration ot the throat and stomach, vomiting, internal I 1

18 ITEM #07 18 Datura species Jimson weed, Jamestown weed, Thornapple, Apple of Peru, or Tolquacha Entire plant Gefsemium sem-epiirens Carolina jessamine Entire plant llj-eríum oleander Oleander Entire plant l'licotiana gfauca O'.,... ions japoalca Tree tobacco Japanese pieris, lily of the valley shrub Entire plant Leaves and Ae Rhododendron species Az Entire plant Ricinus communis Castor bean Entire plant Seeds, young Robinia pseucjacacia Black locust leaves and inner Ga Nausea, Sophora socundiflra Mescal bean Se Dry mouth, thirst, nausea, vomiting, hallucination, delirium, convulsions, coma and death, if eaten. The seeds contain more toxic (alkaloids) than any other part of the plant. 20 seeds are regarded as being sufficient to produce poisoning in an adult. ea Profuse sweating, convulsions, respiratory arrest and death, if Nausea, vomiting, stomach pains, dizziness, slo''led pulse, irregular heartbeat, dilation of pupils, bloody diarrhea, drowsiness, unconsciousness, paralysis of lungs and death, if eaten. A single leaf is said to be sufficient to kil an aduit and a fey,' flowers a 6h Nausea and vomiting, diarrhea, stomach pain, irregular pulse and at times, death. Tingling sensation, Yl3tering eyes, nose and mouth, nausea and vomiting, abdominal pain, headache, convulsions, can be fatal if ing,ested. Vomiting and watering of the eyes, mouth and nose, slow pulse, low blood pressure, convulsions and death, if eaten. Nausea, vomiting, burning of the mouth, excessive thirst, diarrhea, stomach pains, dullness of vision, convulsions, uremia and death in 1 to 12 days, if eaten. Seeds contain more toxic principle (ricin) then any other part of the plant. 1 to 3 seeds can be fatal to a child and 2 to 8 seeds to an adult. Castor oil, obtained from the seeds and sold as a laxative, does not contain any toxic substance and is safe to use. Nausea, vomiting, diarrhea, weakened pulse, depression, coldness in arms and legs and even death, if eaten. vomiting, diarrhea, coma and death, if eaten. One seed is sufficient to cause the death of a child. 2

19 ITEM #07 19 Tholft!a poru'/iana Yellow oleander Entire plant 'linea species Vinca, periwinkle Entire plant Zigadonus species Death camas Entire plant Nausea, vomiting, heart stimulation, convulsions and death, if eaten. The fruits are more poisonous than any other part of the plant. One fruit can cause the death of an adult. VVhen dried and smashed can be harmful, cause respiratory distress Nausea; vomiting, diarrhea, stomach pains, slow pulse, lowered body temperature, muscular weakness and death, if eaten. 3

20 ITEM #07 20 ANALYSIS OF SUBCOMMITTEE'S DRAFT INVASIVE PLANT LIST To create the invasive plant list, the Subcommittee started with an invasive non-native plant list that was compiled from three different sources: 1) California Invasive Plant Council (Cal- IPC) Invasive Plant Inventory, 2) The American Society of Landscape Architects' San Diego County Invasive Plant Guide, and 3) the Los Angeles and San Gabriel Watersheds Council's Los Angeles Regional Invasive Plant Guide, The following table shows the Subcommittee's Invasive Plant List and indicates which plants are also included on Cal-IPC's Invasive Plant List. Acacia cyclops Acacia Ion ifolia (A. latifolia Ailanthus altssima Aptenia cordifolia (Mesembryanthemum cordifolium) Arctotheca calendula Arundo donax Aspara us aspara oides Asparagus densiforus & all varieties As ara us setaceus A. plumosus) Asphodelus fistulosa Atrplex semibaccata Carpobrotus edulis Ca~ obrotus chilensis Centaurea solstitialis Centra nth us rubber (Valeriana rubber) Ch santhemum coronarium Cortaderia sel/oana & all varieties Cortaderia jubata & all varieties Cotoneaster pannosus Cotoneaster lacteus C. arne i Crassula ovata (C. ali en tea) Cupaniopsis anacardioides C nara cardunculus C perus involucratus C. alternifolius) C isus scoparius C isus striatus Delairea odorata Senecio mikanioides) Dimo~ hotheca sinuata D. aurantiaca Echium candicans (E. fastuosum) Ehrharta cal cina Coastal Wattle, C clops Acacia Golden Wattle Tree of Heaven Heartleaft iceplant, Red Apple, Baby Sunrose Ca e Weed Giant Reed, Arundo Bridal creeper, Smilax as ara us Asparagus Fern, Meyers asparagus, Spren er aspara us Fern as ara us Hollow-stem Asphodel, Onionweed Australian Saltbush Hottentot Fi,Hi hwa Iceplant Sea Fi,Hi hwa Ice lant Yellow starthistle Red valerian, Jupiter's beard Garland or Crown Dais Pampas rass & all varieties Jubata rass & all varieties Silverleaf cotoneaster Cotoneaster Jade Plant Carrot Wood Artichoke thistle African Umbrella Plant Scotch broom Portu uese broom Cape Ivy, German Ivy, African dais Pride of Madeira Perennial veldt rass 1 x x I\Invasive Plant Subcommttee\Invasive Plant List Final CCi (5/14/08)

21 ITEM #07 21 E. rostrata) Gazania linearis (Gazania longiscapa) Genista mons essulana Hedera canariensis Hedera helix Hypericum canariense I omoea purpurea Iris pseudacorus Koelreuteria aniculata Lepidium latifolium Limonium perezii Limonium ramosissimum Limonium sinuatum Lobularia maritima Lonicera "a onica & all varieties Ludwigia hexapetala (L. uruguayensis) Lythrum salicaria Malephora crocea Melinus rep ens (Rhynchelytrum repens ) Mentha ule ium Mentha spicata Mesemb anthemum nodiforum Mesembryanthemum crystallnum Mirabils 'alapa M. lindheimeri Myoporum laetum (Myoporum erforatum) M riophyllum aquaticum Myriophyllum spicatum Nassella tenuissima Nerium oleander Oenothera speciosa Olea europaea (fruitin varieties) Panic veldt rass Lon -flowered/annual veldt rass Red Gum, River red um Blue Gum Sweet Fennel, Wild fennel Everg reen/shamel/mexi can/tropical Ash Gazania, Gazania daisy, Colorado old, Hardy azania French broom, AI erian ivy En lish ivy Klamathweed, Canary Island St. John's Wort Common Mornin - 10 Pale yellow iris, Yellow fla Goldenrain tree Perennial pepperweed, Tall whitetop Perez's Marsh-rosemary, Sea lavender AI erian sea lavender Nothc-Ieaf Marsh-rosema,Statice Sweet all ssum Ja anese Hone suckle & all varieties Uruguay Marsh-Purslane, Water primrose Purple loosestrife Red-flowered iceplant, Croceum iceplant Natal grass, Natal ruby grass, Red top Penn ro al Spearmint Slender-leaved iceplant Crystalline iceplant Four O'Clock, Marvel of Peru Ngaio, Myoporum, Mousehole Tree Parrotfeather Eurasion watermilfoil Mexican feather rass Oleander Mexican evenin rimrose Olive Tree 2 x I\nvasive Plant Subcommttee\Invasive Plant List Final CC1 (5/14/08)

22 Opuntia ficus-indica Parkinsonia aculeata Pennisetum cilare (Cenchrus cilare Pennisetum clandestinum (Cenchrus clandestinum Pennisetum setaceum (Cenchrus setaceum) & all varieties except 'Rubrum'/ 'Cu reum' Pennisetum vilosum (Cenchrus vilosus Phoenix canariensis Pittosporum undulatum Platanus x acerifolia Retama monosperma (Genista monos erma Ricinus communis Robinia pseudoacacia Schinus molle Schinus terebinthifolius S artium junceum Tamarix (all species) Tropaeolum majus Ulmus arvifolia Vinca major Washin tonia robusta Mission Prickly-pear, Indian fig, Tuna cactus Mexican Palo Verde, Jerusalem thorn Buttel rass Kikuyu gras$ Fountain grass Feathertop fountain grass Cana island date palm Victorian box London lane tree Bridal veil broom Castor bean Black locust Peruvian pepper tree, 'California' Pepper tree Brazilian pepper tree S anish broom Tamarisk, Salt-cedar - all species Garden nasturtium Chinese elm tree Greater Periwinkle, Big-leaf eriwinkle Mexican fan palm x x x x x 3 I\Invasive Plant Subcommttee\Invasive Plant List Final CCi (5/14/08) ITEM #07 22

23 ITEM #07 23 ROBERT G. ATKINS AGRICULTURAL COMMISSIONER SEALER OF WEGH.AND M~SURES County of San Diego DEPARTMENT OF AGRICULTURE, WEIGHTS AND MEASURES 5555 Overlnd Avenue, Suite 3101, San Diego, CA AGRUL lu (85) FA (85) WEHT & MEASlRES (85) 6927 FA (858) 50-6 COUNTY VERINARIA (85) FA (85) SAN MACOS OFACE (760) FA (760) May 21, 2008 TO: FROM: Robert Atk, Agrcultu Commssioner/ Seaer of Weights & Meaes Dr. Nikos Gureld County Veteriaran DVM, DACVP ADVERSE HEALTH EFFECT TO HORSES FROM TOIC PLANTS You asked me to comment on the possibilty of advers health effects to horses from potentialy toxic plants grwig on horse tril. There are numerous plants tht grow in San Diego County tht, if inges in sucient quatities, ca be toxic to horses. Examples include jimnweed car be yellow st thstle, oleader, Asalus sp, and oak, as well as many ornentas, herbs and legues such as hydrea azea rhododendron, onions, rhubarb and kae. Althoug the list of possible plants toxic to horss is extnsive, many of these plants are raer unpaltable to horss. Horss ar mther dicriati feeders. They prefer gmses and will. only eat thes toxic plats when they ar hun and lack other foo source. Prevention of plat toxicity is faly st~orward and relies onprovidi adequa sae fee Occionay, hors wi chew plants outofboredotd but th should not ocur on a nde, espealy with the ndets prevention of indisminate fora. Ca of suspeted and confed poisni of hoofsock submitted to the San Diego County Ao.imaf Dis Diagostcl.å.brary have been rae, ai usuay are due tocontaioated fee bein suplied to the animals. Thes ca have includ afatxi mold, toxic wee or imroper nuttional supplements in baled fodder. If you have fuer questons, feel free to contact me. I can be reached at (858) or Nikos.gurfieldaYsdcounty.ca.gov.

24 ITEM #07 24 May 15,2008 Honorable Mayor Jerome Stocks Encìntas City Council 505 S. Vulcan Ave. Encinitas, CA Dear Mayor Stocks, I am wrting to you regarding thehivasive and Toxic Plant Subcommittee Draft Policy to be heard by the Council on May 21st. As a property owner inleucadiaanda nursery owner, lam very much opposed to this ordinance. AlthoughI appteciatethetime and energy the committee has given, I believe the end product goes well beyond its charge by creating an over-the-top list that will negatively impact private property owners, create undue liability for Encinitas as well as imp~sing considerable financial coînitment on the city. hi.reviewingthe list of invasive plants, I am strck by the fact that functional, ornamental plants that grow very wellin our many of these vareties are Mediterranean like climate. Idisagree with the committee's premise that these intr04uced plânts when used as landscape displace native plants.. and adversely affect wildlife habitat, water quality, biological diversity by crowding out l1ativespecies. As a nursery owner, I have plants recreation and invasive plants to be weedsthafwould spread. beyond the garden through germinating always seeds known or undergrotidruersthat could not included on their list are not invasive, community, add considérable value to readily becòntaiiied. Many oftheornaiental plants but more accurately provide. erosion control,. beautify our property, are enjoyed by those who love to garden and are the landscape.. There isiio practicaireason to ban them in Enciiiitas. A very well behaved in few specifc examples to ilhistrate this:.. Neriumoleander - a great landscape planúhat needs littlêwaterwhen establislied and toleratespoòr1ydrained.and relatively. salty soils..itproduces à lot of seeds that I have lleverseen. ge:rinate under. our. cliiatic conditions. Phoenix canarensis -amagnficentpaln that graces maly of Encinitas iricludingour new, beautiful golf course the fier landscapes in.echiumcandicans~prideofmadeira - Strkingbl1le-purle flowering shrb, excellent in seaside gardenscuit(~ntlyplanted in the cityrightofwayalongleucadia Boulevard ard by Quail Gardens Drive Lobularicl maritime, Sweet alyssum --an easy and dependable bedding plant that is as filler for inany color gardens; Also used in hydro seedlngfor erosiöncontroi. Diiorpliotheca siimate- a delicate,simiilpoppy flower seeding.. It was used extensively to prevent erosion after thefire& and was the commonlyiised in hydj:ó fields Used yeliows,orange andsalionsyoumay haveseên ths spring in thefire':ravaged areas. conditions and grows well withoíiy occasional water. F abuloiis :fowerig. seacoast ground cover for homeowners. Also usèdextensively inhydroseeding. Gazana linears - daisy.likè, low growing clumping plant that tolerates of Unfortnately;. because there whole list becomes suspect. are so many examples such as those described above listed, the

25 ITEM #07 25 After review of both the invasive plant and toxic plant polices, I also have many questions about how these ordinances would be implemented. Specifically: How much would these ordinances cost per year and with limited city budgets, how would these programs be paid for? Many removal? oflisted plants are curently in the designated city right. of sidewalks. How will the city identify these, notify the homeowners and way where there are no then execute the every In the event of fire or major rai events, how doesthe cityplan on notifying property owner, and hydro seed company that certain species are prohibited within the city limits? How wiiths be enforced? In regards to the toxicplait policy, do you veterinaransregardinginjurës in the city? have statistics from Poison Control as well as What is the city's legal liability ifthe toxic plant ordinance is adopted and the city does notremove these plants before someone falls i1?what if a poisonous plant is not included on the Jist?.... Whywouldit become the city's and private propertownef'sresponsibilityinsteadofthe horse owner's to protect their own anmals?. If the toxic plaritordinance is approved, shoiildti't the city purchase the 5 foot easements to provide therequired trail buffer forhotses?. How would the city enforce both of these ordinances' çm private property? with all ofthis in mind, lwoul4 ask the City Council to considerprohiijitingonly the m.ost egregioljs oftheinvasiveplartssuch as: Ardodonax,Coiiaderiajubuta (Pampas Grass) and Tamarx,and add. subsequentplantsthrough thë public review process "7 not by staff (specifically. #12 of the Reco:rendedAçtions regarding Invasive Plants). This. would be a realistic. approach. I would also ask the CouiiciUo considernotadopting thetòxic Plant Ordinance atall... Ifasked,J believe' thátthe 'overwhelmingmaj ority ofresidentswouldrtotconsider the plants listedön the invasive plants past to our curent thrvingandcolorñii. gardens dotted. _ ard ground covers,niostwouldopt for Hstto be negatives. Whencompärgthe native landscapéfrom the don'tthinkmanyresidenfswo:uldwait to. '. " Sincerely,. Janet Silva Kister 1828.Parliament. Street. r.eaucadia, CA Cc: James Bond Teresa Barth MaggieHoulihan Dany Dalager the with palms,,flowerig shrbs, succulents latter. Wecan'ftutheclockbackintime,àndI.

26 / ITEM # l May 15,2008 -i..f -B F.. '., ) '.'....,'.'..:. ':: -, A~ _.") 1\. AJ~IF( R.NJA....ARM. UREAU...EDfR. ~.i It,~. Honorable Mayor Jerome Stocks Encinitas City CowlCil 505 S Vulcan Ave Encìnitas, CA GOVFRNMI:i'n/\I /\FF!\!RS DIVISION L2/--:l J--n... STru~_r-!. SU TE 626. S/\CRAtvL,..."'I\-l"ii".-,.,. "\\~')".i/.'. i.'.."" n, n'j"i'j(...."ltlrj,...' fì \\!/ a.. 'I\".~;.o'+r...' " /. ", 'It;:~i'~f;"T.:''i' 'Lt; l~ i'f 'l-r~\)lj-' "',' -.'.-."_ '... í.~~ C~.., t-iü1 CLV p, (jd:l\uì (\IT'/.;J 1 ; Ct)U~'!C i L~ r ryítvphl.!j Ðkwrr Dear Mayor Stocks: I am writing on be11alf of the CalifoniIa Farm Bureau Federation, to comment on your proposed policy for invasive and toxic plants. The proposed policy \vas brought to my attention by Janet Kister, a member of vour communitvanda Califomia Farm Bureau board member. It is our concem that the proposed policy m;y be too aggressive in its approach and may also disregard private propeny tights (specifically items 1 and 6 of the Recommended Actions Regarding Invasive Plants and items i and 2 of the Recommended Actions Regarding Toxic Plants). 'I11e Caliomia Fann Bureau support policy for addressing the introduction and management of hannfulinvasive species and believes. that programs should be based on cooperative, voluntary, pannership.based effoltsbetween public agencies, private landowners and cortcetned cítizens. In addition, where ptivate property iights are to be affected by any govemment agency, we suppon adequate notification of landowners and the general Our members are keenly in public. aware of the threat that invasive species present to the environment. Those agriculture must deal with noxious and invasive weeds on a daily basis in order to provide high and abundant agricultural products. For example yellow stanhistle has infested thousands of quality recreation.. acres of land in Califomia and has impactèd the abilty for that land to be used fot grazing. I have' had the pleasure of working with Doug Johnson, Executive Director, C..lifoiiia Invasive Plam Council (CalIPC) for a number of years to secure funding for the Department of Food and Agricultures (CDFA), Weed Mmagement Area Program. CDF As Weed lv1anagemem Area program is a successful example of public agency and private landowner cooperation that has resulted in the treatment and eradication of thousands of acres of infested agricultural and public lands. Altl10ugh CDFA has regulatoiy autl10rity to treat noxious and invasive weeds on public and private property they malre every ehoit to gain cooperation and SUPPOlt from the landowner. or I have also enjoyed working \\~th 1èrr Kempton, California Honicultural Invasives Prevention (Cal HIP) steeting committee in developing the PlantRight program 11i,e Cal BIPsteeii.g committee began meeting in 2004 consisting of a diverse group representing the honiculture indusny, envirörunental groups, pröfessional landscapers, public gardens,scientits, goveminem agencies and agiiculture, We aljworked togetlierto craft the PlantRght program, a collaborative ehon to provide a practical, scientifically based volunteer program. 'l1iose of us who represented business, i.e.

27 ITEM #07 27 agriculture, honiculture and professional landscaping, on the steerig commttee ured a moderaed approach, one that would earn business and public suppon through concentrated public outreach. A key element of the program is education. The PlantRght website provides easily accessible infonntion to aid in makig good choices for the home garden, professional landscape and the environment. It is imponant to note that many non-native plants are not invasive and in fact most of the plants used in gardens and landscapìngwere originally from another place (PlantRght website "Frequently Asked Questions" item 6). The PlantRight program incorporates CalIPCs invasive plant list, as well as a reconuended alternatives list of plants that have proven to be non- invasive. Response to the program has been very positive... The Caliornia Farm Bureau would ure the city councij to consider such a moderated approach. A program that recognizs the value of public suppon and cooperation and respects the rights of private property owners will have a greater and more far-reaching success. Sincerely,,li /.-~.1. /l yfjd/u æ~':y AndreaFox - Legislative Coordinator, Invasive and noxious plants T ransponation Above ground storage tanks cc: James Bond Teresa Barth Maggie Houlian Dan Dalager Janet Kister Doug Johnson Terr Kempton

28 ITEM #07 28,. City Council Cüy of Éncinitas, CA 505 S. Vulcan Avenue Encinitas, CA ",..,to11 /l~üt f~! T \1 ~J ~ i Y 20 CC. Ct uoczjj p. ('JMO/i rj - Vi) U.kPl~- Tuesday, May 20,2008 P 1 3: 54 ;''1 Dear City Council Members, I am. writing to express my support for the City of Encinitas draft Invasive and Toxic Plant Policy proposed by the Invasive and Toxic Plant Subcommittee. I have reviewed the proposed policy in its entirety and feel it is a prudent and just measure to control invasive plants in Encinitas. One common theme in biological consulting is the restoration of natutal areas as a condition of development. Mitigation for impacts resulting from the project is a crucial component of 1riaintaining the area's open space and functional ecological areas. One aspect of mitigation is restoration of natural areas that have been already heavily damaged by proximity to development. As a biologist involved in these projects, I have seen large areas replaced by giant reed (Arundo donax), tamarisk (Tamari sp.), and castor bean (Rìcînus communis), àmong others and -completely devoid of native vegetation. Mitigation to remove invasive species is costly, time-consuming and diffcult. Success is not always assured and requires highly-specialized equipment expertise. t'his policy would only save landowners money and in technical the longterm by minimizing the amount of invasive plant cover from the onset of a project. Dudek has an entire section of Our biology group devoted to restoration, much of it involving eradication of invasive species. However, even with this policy proposed by the City of Encinitas, Dudek wil have adequate,vork eradicating invasive species for inany decades to come. With a decline in invasive species present in the region's natural. areas, our technical expertise than then be further focused to deal with a host of other natural resource management issues, such as invasive animals, trampling, changes in hydrology, chemical pollution, etc. The invasive species problem is one of many we are facing in managing resources, and this policy is an important first step that gets to the heart of one of the major hurdles we often face. A few smaller points 1 would like to make with respect to the policy. The list of toxic plants includes Datura species. Although I cannot speak to the toxicity of this species, I think it is important to point out. that there are a few species of native Datura (e.g. Datura wrightii, which occurs in

29 ITEM #07 29 San Diego County) that you may want. to exclude from your list. You may wish to specify Datura stramonium, a non-native species naturalized in California as part of your policy, but I feel it would be inappropriate to regulate the occurrence of, a naturally-occurring species, regardless of its toxicity to humans. Datura wrightii provides a source of nectar for hawk moths, among other night-flying species, that are known to pollinate Datura species. Fìnally, you may want to consider language to the effect that varieties, including horticultural variants, shall be included automatically in the list of Invasive Non-Native Plant List (Attachment A). I was recently at my favorite nursery and saw they were sellng castor bean seeds, but when I asked them about the invasive effects of castor bean on native habitats, I was told that these were horticultural seeds that were not the typical castor bean plant and therefore would pose no threat to native habitats. I think it is very important to stress that even horticultural varieties should be considered a part of the Invasive Non-Native Plant List (Attachment A), even though the varieties may not be recognized by the scientific community or even formally named. I don't think that is abundantly clear in the introduction to Attachment A as currently written. Thank you for the opportunity to comment on the proposed policy. I commend the leadership of the City Council of Encinitas and would support a speedy adoption of this measure at your upcoming hearing on the matter. Sincerely,.i UCG ~//cn'j?d 't Makela N. Mangrich, AICP Biologist Work Dudek 605 Third Street Encinitas, CA Home: 703A San Dieguito Encinitas, CA 92024

30 Page 1 of 1 Diane Langager...'~_' N ""..., From: Evelyn Weidner (evelyn(gweidners.com) Sent: Thursday, May 15, :11 AM. To: Diane Langager Subject: toxic plant list To Diane; Phil Cotten, Patrick and anyone else on the list. from Evelyn Weidner lhave taen the tie to seriously study and think about the lists of plants and the whole idea of having a city policy. I wil be at the councilmeeting on the 21st and express my concerns more fully. The first most serious group of Invasive plants should stand.. Everyhigelse makes no feal sense.the city can do as it chooses on it's own land. No need for a wrtten that leaves room forlawsuits ifit isn't followed. policy Many of the invasive plants listed like the European Sycaniore,Platanos (used beautifully on Quail Gadens nrive J make no senseto me. Toxic plants. Everyone know Oleanders are toxic.caltrans hasinles of them on the freeways.. Encinitas has them planted along Leucadia Blvd and Piraeus. We havellved with them for years and the ()nly deaths 1 could find were some women in Asia ~~? çonitting suicide by eatirigti1e.. yellow Oleander... Bythe~ay, Dany. Dalager tells me they lost goats when he was growing up from eating Avocado leaves. Shan we take outa:ll the avacdòs or maybe barm Pride of Madera f echiumj makes a gorgeous. Invasive.?..well they have Sweet AlyssU11lorr the listtoo;...ih addition, when everthecity begisto tèllnew privatepropertybuilders /owners what they can and a step awày for radicals tö gotowhat... cabot.plant ön their own. laid itgbes too far;. It is then just isálreadypiaitd on private propenes As aíiursry owner I resentbeihgtoldthat I shbllld not sell any of these plants. on the list:. If suggestions 'and goodreasønigareri'í enough leave italone!..... Who. is going to enforc~all. this and atwhat cost? What-wil Itcost the. city to removeallbf those trees and Oleanders, and PrideofMaderaänd of.coutse. course allthe Gazana growing along Quail by the GQlf.. When there is a policy that states they should he removed durng regular maintenance..; watch out for the bils that wil come r~placing these plants..... Disgusted, Evelyn Weidner 5/151:iÒ08 ITEM #07 30

31 Page 1 of 1 Diane Langager' From:. Paul Ecke 3 (pecke3(geckeranch.comj Sent: Friday, May 16, :08 PM To: Jerome Stocks; Maggie Houlihan; Teresa Barth; Jim Bond; Dan Dalager; Phil Cotton; Diane Langager; Patrick Murphy Cc: Julian Duval; Evelyn Weidner; Janet Kister; Eric Larson; bechter(gdrammechter.com; chuck(gagnurseries.com; Peder Norby; cmarvinesq(gcox.net Subject: Proposed ban on invasive/toxic species. Dear Encinitas City Council & Staff, i understand that the City is considering implementing plant material that can be used in public a new policy restricting areas and City right of ways.. J have seen a version of the list, and i believe it is too extensive. i would encourageyou to proceed with caution, anq not to start out with such a large list In my opinion, you should startwitha small list and add to it, hotthe other way around. Every year, you can add plants, after a thorough vetting process. For example, you can probably safely ban Arundo, Pampas Grass, and Tamarix,. but J would not ban plants like Canarylsland& Mexican fan palms, olivê trees, vincas,azaleas, Pride of Madera, and African daisies. I believe that starting with a small much mørelögical approach than starting with a very Jist of the true invasive species would be a large list, and then having to take plants6ffthe list, after they have been "proven" to be ok. Lét's start by "proving" that they are truly causing problems by being invasive or toxic first, not the other Way around.. Sincerely, PaLJI Ecke ILL 5/19/2008 ITEM #07 31

32 To City Council and City sta P.O.80x333 Cardiff-by-tbe- Ca We live in Zones 23 & 24. We live in a desert. Zone 24, heavily ocean domiated, and Zone 23, where the fog/cloud cover more reliably bur off but the coas inuences allow frost free thermal belts, mag the area favorable for avocados and many subtropical plants. Quite pleat coas desert relly, as long as there is suffcient raall or water available from some source. The spris on Crest Drive and the Green Valley watershed quenched Encinta' tht in the ealy days but it took the water distcts and import water for the communty to grow to it's size today. The availability of water and therefore the look of the urban landscape that will be supportble in the futue is a on-going issue that will not go away. If the communty and the human footprit in Encinta had remaied small, I could. be more supportve of many plants the city proposes to ban that are listed in "Atthments A & B", as prepared by the sub-commttee. Neither of the aforementioned conditions exist today, and I certy don't expet to see those conditions develop with or without ths policy. On the other hand, ldo wat to be attentive to the health of the ecologicaly sensitive lagoons and listed widlife open-space ar that our "footprit" has not yet morphed, but not at a ndiculous cost tò the flavor or the safety of the environment we have created over many deces of the City's human communty evolution. There are eighty-six (86) plants on the Invasive Non Native Plant List and twenty (20) on the Toxiç Plant List. I oppose the inclusion of th- two (32) on the InVasive NonNative Plant List and five (5) on the Toxiç Plant List and hope the council and stamore narowly cra the langue describing the aras and cirumstaces in whch plants are to be excluded from use. Six (6) of the pl~tson the Invasive Non Native Plant List and 1 (One) on the Toxic Plant List are on the list provided by the County of San Diego, Deparent of Lad Use & Envionment, as being "Plants for a defensible space in fue prone areas." If these 'plants provided no other benefit, I would want them removed frm our citywide ban list and to be considered on a case by case basis in areas borderig our lagoons and listed wildlife open-space aras. One (1) of the plants on the Toxic Plant List is a Californ~ native and I would like it ex:c1uded from the city wide list but have no problem excluding it from use in listed wildlife open-space areas. Attched pleae fmd my altered paes of your st-provided packet where I have numbered the plants that I am interested in. I have also provided my reasonig and concerns for the 32 plants on the InVasive Non Native Plant List and 5 on the Toxic Plant List that I would like removed intialy, but)hatcould be included at a later date ifevents prove that it is necessa. I apologize if the reag is a snoozer, but five miutes is hardly enough time to present all my concern at the open mie. I will stil address council, and you know you ca count on me tò touch on the most communty-sensitive areas from ths packet. Hopefully with a few smiles or laug but with n~intent to demea the work done by staff or the "blue-ribbon commtte;" I than you for your time in advance. Rely, ~ /õ ~ (( ~ n \V ~ Ir lj MAY 2 i 20 l!~ CITY OF ENCINITAS ITEM #07 32

33 ITEM #07 33 On the Invasive Non Native List the follo~g plants should be reviewed for the reasons listed. # 1, & 2. - Acacias in genera protec hillsides, ban, and freeway landscapes, providing fast growig drought resistat vegetation that is atactive to birds and provides noise and light bufenng in some of the worst situtions. The Acaia cyclops are used as sound bufers in aras where tr noise and dust is the worst. They are extemely drought tolerat. Acaia latifolia is vel) fast growig and is vel) tolerat of adverse situtions. It is often used around residences as a road screenig against dust and healights. It is an excellent soil binder near the beach and is resistat to Oak root fugu. #3. Aptenia cordifolia - Ths "iceplant," especially 'Red Apple' is used extensively thoughout the communty as a ground cover, especially in diffcult soil retention areas like ban. It weighs less than tradtional 'iceplants' and can be used on steeper slopes with less fear of ban displacemeiit. It uses litte water and is atttive to bes. #4. Of all the Asparag, A. asparoides is perhaps the most invasive. The berres are vel) desimble to birds ånd the seed is small enoug that it ca be ingested with the fruit and can be tranported grat distaces before being passed. It ca live òver for year both as a root or seed.. If ths one was liste I would not be cruhed. It is the bridal aspargu and commonly cover the bndal trlls where the vows are recited. used to #5 & 6. These Aspar, are less invasive as most birds will eat the frt but not ingest and transport the larger seed. Plants can go for some time without water and tolemte poor soil and moderate neglect. Used extensively as a haging basket plant, in containers, or as a walay planting. around porches and patios. #7 & 8. Plants we traditionally th of when we sáy 'iceplant'. Extremely usfuforcovenng suny flat expanes, especially dumblein aras like :fwayoff-mmps. Poor choice for steep banks as the weight of the plant can cause bankfailure during heavy rainfall. Is attactive to bees and butterfes and requires little to moderate water.. #9. Cotoneaster lacteus is a vel) nice inormal hedge providing stret-side bufer for noise, dust and headlights. Requie little or no maitenance and little water. Is listed by County of SD, Land Use ànd Environment as a plant to use when creating areas. a defensible space ill fire prone # I O. Crasula ovata is a top notch hous, contaer and làndsapeplant. They requie little or no water and can be easily prued to make a dense barer planting. They are especially good _ around swig pols. They are fire resistt and extemely drought tolerat with showy pin sta shaped flowers the fall thoug sprig. #11. Cupanöpsis anardiodesis a slow to moderate pace growig tre. It is extremely tolerat of seacoast conditions. It taes heat, drought, and any kid of soil. It is an attactive well behaved tree in yauth although may heavily seed with age. Seed does planted not st and if in lawn mayliatbe iinoticeable. Most landscape architects wil use it because it's

34 ITEM #07 34 vires far outweigh it's faults. #12. Echium cadica is grown for it's stg form and flower clusters. It does well in poor dr soil and is excellent for seacoast gardens. The flowers are loved by bees and the plant needs little or no water except durg hottest days of sumer. The spike-like flowers stad out dramticaly, held well above the foliage. An excellent choice for bold effect agait walls and on borders and slopes of re-seedsitself freely.), flower gardens. (E. vuleare on the other-hand is a pet because it #13 & 14. The Eucallts in geneml can be messy plants and these two are no exception. The E. camaldulensis is especially suited for highways, broad steets, parks and skyline silhouettes. The E. globulus has as its chief attbute tht it makes an excellent wid-brae. The E. globulus is not a good choice for residential gardens as it ha greedy roots and the wood is quite britte. The E. globulus is notoriously messy. There ar not a lot of places in the City where plantigs of E. globullì should be made. All of the Eucs. because of their oil and leaffà.l1 can create a fire had sitution. I would never recmmend plantig Qne of these two in the. City in a residential area Both of these Eucs. do provide flowers and nesting sitesfor our hummingbird populations and nesting sites for many of thefew remaining hawks that call Encinitas home. We do need to be atentie to the hawks ifpossible since they are the only ones with a chance against the crows and ravens which have begun to overtake our other bird populations. A disproportionate number crows and ravens is an early indicator of an eco-system that is out of balance.. #15. Fraus uhdei is afairly fast growig narow tr tree that acpts our alaline soil, tolemtes ardity, and requies little water. They are evergreen, tae ful sun and are planted extnsively in hot desert like area. There are many stets lined with them in Encinta. Very durble street tree. # i 6 & 17. Hedera canarensis you either love or hate. It is a vigorous spreader. The beauty of ths invasive attbute is that it can rapidly establish itself in areas that need soil tetention. It discourages erosion and slope slippage. Hedem helix is not nearly as vigorous or invasive and is pnze for its use in wie topiar wòrk and for tm in pattern on wals. Its leaf shapes and colors add interest to the palette of any residential garden. # 18. Koelreuteria panculata and K.bipinata ar well behaved small trees ideally suited as a patio, lawn or street tree. Roots.are not invasive and tree taes heat, cold, drought, and wid. Has showy flower dusters followed by papery frt capsules resembling little Japanese lantern. Requies litte to moderate water and tolerates most soils. Is an provide dappled shade and a deep but not invasive root system. excellent tree to plant underas it # i 9. timonium peiezii is the eoiion sea lavender seen up and down the coast. It is a firt mte beh plant. Plant tolemtes many tyes of soil, sumer heat, and on-shore is on the SD County areas. ai flow. This plant lit of plants to use when creating a defensible space in fire prone

35 ITEM #07 35 #20. Malephom crocea is another 'iceplant' that because of its growth strctue i~ suitable for steeper slopes. The fleshy leaves ar highy resistat to heat, wid, exhaust fues, and fie. This often makes it the 'iceplant of choice in street-side and highway plantings. It is much desired by bees and blooms over a long seaon. #21. Myporu laetu is an exceptionally fast growig small shrb or tree. It is extremely tough and is an excellent seaide plant. Need tring to sty atltive as a tre, otherwse it can become bilowy mass formg a dense screen or noise barer. It is listed by County of SD, Land Use and Environinent as a plant to use when creatig a defensible space in fire prone areas. #22. Nerium oleander is one of the fastest growig screenig plants available to Encìnta gardeners. They need litte water once established but will tae moderae amounts. They tolemte poorly dmed and relatively salty soils. They tae hot sumers and mild winters and make an effective sound barrier or screenig shrb mther quickly to provide privacy and soundproofig in high trafc/noise areas. They tolerate heavy prug and shaping and area1ost bullet-proof. This plant is on the SD County list of plants to use when creatig prone areas. a defensible space in tire #23. Olea europaea are regional trademarks Iii southern Californa and the trees beauty has been appreciated since their introduction to mission gardens Intiallyfor the oil the frit produces. They will grow in shallow, stony, alkaline soil with little fertilzer~ They thve in hot dr sumer climates but pedorm well in many areas of Olivenhai. They withtad heavy prug and friting, if undesired,. can be controlled by varety or spmyig with frit control hormones when flowers appear. #24. Opuntia ficus-indica are big shrbby tree-like cactu with few spines. The plant beas big wide blossoms which bes love followed by large roundish edible. The plant is very droughttolerat. fruits that along with the 'leaves' are #25. Parkisonia aculeata is the trtional palo.verde of and requires mial attention once established. Good smal used in talored gardens. Is diffcultto grow in Enèinta becalle of the southwest. It tolemtes alkale soil fiterig shade tree but is rarely wet, cold, fogg, cliate. Re-seed freely but sparsely in desert. Have never seen it re-seed near cóast. Seed is very diffcult to germate in quatity. #26. Phoeni cananensis is the big heavy tr pal seen in scattered locations though the city. Takes sea coast conditìons but needs large lots, wide steets or parks to have the room it requies. When it has the room it makes a stug specimen plant. Phoenix sylvestrs, now being cultivated will beme a better choice for Encinta now tht large lots are a thg of the past and the. Phoenix sylvestrs frit is useful for production of date sugar. #27. Pittosporu undulatu is a modemtelyfast growig tree with a pleasing form with rich dak green leaves. Planted on 5 foot interval makes a thck dense screen for privacy and as a noise barer. Roots ca beome invasive with age. Creay frt flowers in spnng. Attactive to bees. Tolerat of sea-coast conditions. It is lited by County of SD, Land Use and Environment as a plant to use when creatig a defensible space in fire prone areas.

36 ITEM #07 36 #28. Schius molle are loved or hated by gardeners. Very handsome when used properly. Plant should be located away from paving, sewers, and dr. Needs room to sprea. Good choice for shadig play areas and patios. Requires little or no water once established. Female plants be frt that attcts birds althoug seed can be messy. Male plants produce little or no frit. #29. Schius terebinthefolius has non-pendulous growt with darker coarer leaves. Seeds ar held at the end of braches. Wood is weaker than S.molle and subject to breakage. An attactive patio or garden tree. Self sown seedlings can be a problem in close proxity to tree. #30. Tropaeolum majus is the common garden nastuum. Somewhat drougt tolerat. Can self sow if gardener is not attentive. Is loved by humg-birds. Leaves flowers and young seed pods are edible and commonly used in salads. Easy mpid growt. #31. Ulas pariflom is the Chinese elm tree. Good patio or sun screen tree and acceptable street tre with atntion to prug. Little bothered by pests and diseaes and relatively soil tolert. It is lited by County ofsd, Land Use and Environment as a plant to use when creatig a defensible space in nre prone areas. #32. Washigtoma robustais the Mexican fan pal tht is in the parking lot outside city hall as well as thejèature palm at SRF and the downtown area of Cardif It is commonly referred to as the sky-duster palm because of its height. It taes litte water and grows well in our coasta soils and climate. To remove it from our City street landscapes would be like a cattle farmer castrating iheprize bull because the bull was 100 randy. Some background concerning toxic plants basèd on TESS report The 2002TESS report documents 2,380,280 poisonig report from thougout the United States caused by every imaeinable aeent. Out of these 2, poison reports in 2002,;," 15,276 cases had a major effect on the individua. - 10,446 of these cass were intentional - 3,152 were untentional. 1,153 càses of the 2,380,280 resulted in death of these cases were intentional 139 were untentiona

37 ITEM #07 37 Out of these 2.380,280 poison reports ìn ,000 caes were plant related. (By related, the name of a plant was mentioned in the report concerning the "event." The footnote explains that some of the plallts mentioned could not have been responsible for the "event. ") possibly 27,000 cases where the name of a plant was mentioned there were two deaths. ~ One was untentional where a 13 yr old mistook poison hemlock for parsley. ~ The other was a 13 year old who intentionally consumed Brugmansia On the Toxic Plant List the following plants should be reviewed for the reasons listed. #4. Cest noctuum is night blooming jasmie. A showy plant with long leaves and creamy white tubular blossoms foiiowed by white berres. Flowers are attactive to humng birds and frit are attactive to birds. Powerflly fragt at night and often planted near bedoom widows. Fraance can be too powerfl for some. #8. Daphne odom is so pried for its pervasive flora perfç thatit continues to be planted even though it is one of the most difcult andfinicky plants to cultivate. The soil and micro climate conditions necessar for it to flounsh are a chalenge for the most accomplished gardener. Even then it can succumb virtualy without warg. Growig up as a child lhad one outside my widow and when corsages were made or flowers were floated ìn the house it was a smell to die for, but I never did, because I was intrcted not to eat the plants. It is a cnme to ban ths from any propert where a horticultualist attempts and/or succèes in growig it. #11 Nenum oleander (see # 22 on Invasive list) It is listed by County of SD, Land Use and Environment as a plant to use when creating a defensible space in fire prone areas. Icould only fid one recent poisoning death case reference where the ìndividual consumed the plant in a suicide attempt. There were numerous inerences that one should not roast marhmlows or cook hot dogs on Oleander sticks or use the branches or leaves for a campfue. Course we all leared that as a scout or rager. #14 Rhododendron species Cìncludìng azeas) iícludes R macrophyllum CR. californcum) which is a Califörna native and I am loath to list any Californa native on a taboo list. #18. Thevetia peruviana is someties called yellow oleander.. Plant makes a good hedge, screen, or background plant and has showy yellow fuel shape flowers at leaf ends. Thevetia thevetioides is even more spectacular when in bloom with clusters. of 4" yellow flowers ìnstead of single flowers.

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44 PR!NTEü ON!OOtd'OST-CONSUMEA:. CHLOHJNE.rnEt.; latrzr wrm sov.aaseoluk ITEM #07 44, Sustainable Conservation 't. (ç;.i,'î\ f'. M\A(Pht May 29, 2008 Honorable Mayor Jerome Stocks Encinitas City Council 505 S. Vulcan Avenue Encinitas, CA f).i\fl\ i\ \t~ \ 0 fif1 5: \1 \ LUll,,) ~..ll...,h. J l'"oiah'h r'; í" \.., t) 1 ~~ l...; _-. tj l ~ l Dear Mayor Stocks, We, the Califoniia Horticultural Invasives Prevention (Cal~ HIP) partnership, are writing in response to Encinitas' proposed localordinanceregardiiig Invasiveandtoxic plants. Our partnership bdngs together diverse stakeholders and has representatives from the horticulturai.'industry, environmental ',groups,landscaping professionals, public gardens, scientists, and government agençies. Togethel'~ wearetil1ding voluntar solutions that protect California wildlands from invasive plantsináway that supports responsible l;asinesses...ihe..plantri~htc.alnpalgn,.4esigne'lto~dllcax-th~hol:ticnlturai~indust1o;and. holl1egatdeìlëtsabouttlie il1portanëeofnorï~invasive gardening;' has been. metwith widespread ~nthusi(l111,at14p()s.itl~e feea~j l~k....,. The PhuitRight procêss is based ol1ßolindscicpce, includiligc1'teria fol'invasiveness and conducting research' oiiplantspecieswithoutstanping questions.. Wearedi$cussion~ based, and decisionsare Oíi1y made after careful consideration. and agreement by au patties, including the hoiticultural jndustry~ We believe that everyoiieplaysa role in protectiiig..califomîa wildlands,andthateduriationandc.ol1aboràtìve ptoblêm. solving. willgivë Us thebëstchan'ce at lasting success torcontrollîng invasivcplart Iiitroductions. While we,commend the City for taking iritroductions, Weare concernedwiththeînc1l1$ìonof our group in without Our permission. PlantRight 'is chosen to pursue noh-'regulatory solutioiis..we'areconcemed by namein the proposedpolicy, interest incq;ntrouinginyasiveplant potential policy. strictly a völuntai-y effoitåtidwehaveexptessly the inclusion of our InÌtein 10 of the Recommended Actioiissection: 10. The City shall combine efforts with the California Invasive PlantCoimciland the California Horticulturallnvasiveprevention (Cal~HIP)pårtnership on their ;'Plant Right" campaign. Additionally, the City sl1all suppoitandlorcombine efforts with the San Elt 'olagoonconservanc)', the Cottonwood Creek Conservancy the ESCondido Creek Conservancy, and the Batiquitos Lagoon Foundation 40 rernove invasivepla,its. your invasive plant ordinance. We are writing to advise you that this item as written isí11contlct with our core iuissionofvolulltary participation, and is therefore unacceptable to our pflttnership. This långuáge indicates that partnerships ate amal1dated pact of Cal-HIP was not asked to be included in the policy; weare not fonnal partners; andwe did not grant pennissioiiforthe Subcommittee to use thecal-hiporplaiitrightname. 98 Battery Street Suite 302 San Francisco. CA PHONE FA ~0381 suscon0!suscon.org

45 Page 1 of I Diane Langager From: Diahe Langager Sent: Thursday, January 08, :03 PM To: Brad Roth (broth~cox.net); Diane Langager; Doug Gibson (dg~sanelijo.org); Jerry Louis (jerrymlouis~yahoo.com); Jesse Gièssow (jessgiess~cox.net); Katie Brown (kt1978~sbcglobal.net); Maggie Houlihan; Nan Sterman (nsterman~plantsoup.com); Patrick Murphy; Robert Nanninga (observations~cox.net); Sanford Shapiro (sanshapiro~roadrunner.com); Shannon Bryant (dancethetide~yahoo.com) Subject: Invasive & Toxic Plaiit Subcommittee Meèting ",'. '-~~'---'-~_"~v ~.~ ~,..~._.,,_~_~_. "_._~~",. Attachments: Issue Discussion doc; Thoughts on the Public Outeach Process.doc Invasive & Toxic Plant Subcommittee Members: As I see many s from you folks, it is so nice to know that you all are still around and stil interested' and passionate about the issue of invasive and toxic plants. I know it has been awhile but I want you to know that I am back and ready to get the public outreach process rojiing for the Draft Invasive & Toxic Plant Policy. Before we launch into the public outreach process there are a few things that need to be resolved related to 1) the CaI-Hip issue, 2) the policy prohibitions and 3) Subcommittee member represeiit~tivesfor the public outreaèh process. Although'it would be nice to resolvt the issues via ; I think'it best and most productive to have a meeting to discuss the issues.. In keeping withoüfpast schedule, I.am looking towards a Thursday evening; the followitìg are,potential dates:. '.'.. '.;" February 5,.2009'- 6 pm February 19,2009-5:30pm February 26, 2009'- 5:30 pm Please let me know what dates work best for you. As you recallín the past we have had a difficult time just getting consensus on a meeting for some reason these tre for others. schedule so I wiu select the date that most can'attend. However, if dates do not work for you plug in some more options just in case the same holds For your review arid consideration, a discussion of the' meeting issues is included in the attached document and thoughts on the public outreach process are also.inchided as a separate document. If have any questions or want to discuss the matter with me directly feel free to contact me via phone you at I look forward to hearing from you as to your availability. Sincerely, Diane Langager Principal Planner City of Encinitas /8/2009 ITEM #07 45

46 ITEM #07 46 Invasive & Toxic Plant Subcommittee, Issue Discussion A. Cal-Hip As you are aware CaIHip wrote us a letter (attached) in response to the draft policy noting that they were concerned with the manner in which they were referenced in the policy. Although they understand our goal is to work in concert with other efforts like PlantRight, they need to ensure that the manner in which they are referenced does not conflict with their efforts which are strictly non-regulatory. They note that the language in Item 11 of the draft policy, with use of the word "shall," indicates that partnerships are a mandated part of the invasive plant policy and they advise us that it is in conflict with their core mission of voluntary participation. CalHip provided wording to utilize if they are to be referenced within the pohcy. The original policy wording and the CaIHip wording re: Policy Item 11 is noted below for your reference: Original Wording The City shaiicombine efforts with the California Invasive Plant Council ancl,.the California Horticultural Invasive Prevention (Cal-HIP) parnership on their '.Plant Righf' campaign. Additionally, the City shall support and/or combine efforts with the San EIijo Lagoon Conservancy, the Cottonwood Conservancy, the Batiquitos Lagoon Allance to address invasive plants. Creek 'C. onservancy,the Escondido C.reek Foundation, and the Escondido Creek WateÌished CalHip Suggested Wording We recommend the City consult with similar efforts when missions align, which mayor may not include the all-voluntary PlaiitRight partnership, the California Invasive Plant Council, local environmental groups. such as the San Elijo Lagoon Conservancy, the Cottonwood Creek Conservancy, the Escondido Creek Conservancy, thè Batiquitos '., Lagoon Foundation to remove invasive plants. These groups were not involved in the writing of this policy. When the Cal-Hip letter was first distributed to you, Subcommittee members had various opinions on whether the revised wording from Cal-Hip should be utilized. I was notable to gain clear direction or subcommittee consensus via the s.soiam offering some options for you to consider. ;..:l '. Option 1 - Utilize the Cal Hip alternative wording as-is. Option 2 - The Cal-:Hip wording did not reference the Escondido Creek Watershed Alliance, which was referenced in the original draft policy. I would assume it would not be a problem to include it since Cal~Hip is not a part of it. Before proceeding staffcould also check with all referenced groups to ensure that they do not have any concerns with being referenced as part of the draft policy. Also, the policy was drafted for ultimate adoption by the Council so the Cal-Hip wording ("We recommend...") should be revised cd/dl/i/invasive Plant Subcommttee/Issue Discussion i

47 ITEM #07 47 to be consistent with the overall format of the policy. Therefore Option 2 is suggested to read as follows: The City should consult with similar efforts when missions align, which mayor may not include the all-voluntary PlantRight partnership, the California Invasive Plant Council, local environmental groups such as the San Eltjo Lagoon Conservancy, the Cottonwood Creek Conservancy, the Escondido Creek Conservancy, the Batiquitos Lagoon Foundation and ihe Escondido Creek Watershed Alliance 10 remove invasive plants. These groups'were not involved in the writing of this policy. Option 3 - The original wording can be revised to exclude any reference to the Right program, in essence, the first sentence is eliminated and the policy would read as: Plant The City shall support and/or combine efforts wilh the San Eltjo Lagoon Conservancy, the Cottonwood Creek Conservancy, the Escondido Creek Conservancy, the Batiquilos Lagoon Foundation, and the Escondido Creek Watershed Alliance 10 address invasive plants. : ) As the document is to be utilized by persons of all different interests arid knowledge. of the issue~ it seems that it is a good idea to keep the reference to, the PlantRight partership and the Ciilifornià Invasive Plant CounciL. The Cal-lIip.suggested wording does.,not,., appear to;.undermine any of the goals of the Subcommittee therefore staff recomrrends:,... recommended....'f use 0 fopti6ii2. Prior to use of Optión 2 staff would consult with Cal~Hip'to determine the minor edits denoted in Option 2 are acceptable if not use ofoption:'d isif B. Policy Prohibitions As there was initial concern by the public regarding the scope of the draft Invasive Plant List, the Subcommittee may want to consider revising the prohibitions for private properties/development to include only the "Top Ten" Invasives with the remainder of the listed plants to be noted as "Not Recommended" for use. This would affect Item #6 in the draft Policy. The Subcommittee could revise the policy now or await the public outreach process and determine how to proceed based on the results of that process. C. PublicOutreach. Initial thoughts on the public outreach process Staff recommends that only two to three Subcommittee members attend the initial outreach meetings. cd/dillinvasive Plant Subcommittee/Issue Discussion 0 I 08092

48 ITEM #07 48 Tuesday, October 20, 2009 from 6 CITY OF ENCINITAS DRAFf POLICY FOR INVASIVE & TOIC PLANTS Poinsettia Room, Civic Center 505 South Vulcan Avenue p.m. to 7:30 p.m. FOCUS GROUP MEETING NOTES Group: Growers, Nurseries, and Agrcultural Commission Attendees: 3 Bil and Marilyn Kovach (Specimen House and also represented the Farm Bureau), and Aki Barhaghi (student) Staff and Resources: Shannon Bryant, Diane Langager,and Laurie Tremor QUESTIONS AND COMMENTS: 1. Do the plants on the list have an LD50 (poison level) listed? 2. What options will be presented to Council (other than adopting as wrtten)? 3. Plant list seems rather long. 4. Why is Jade included? 5. Under toxic plant list... consider adding contact type too? 6. Will the City approach private owners to remove invasive or toxic plants? 7. Wh~re's the ground swell...who wants this...the public? Is it just a cost issue? ;--.

49 CITY OF ENCINITAS DRAFf POLICY FOR INVASIVE & TOIC PLANTS Poinsetta Room, Civic Center SOSSouth Vulcan Avenue Tuesday, November 3,2009 from 6 p.m. to 7:30 p.m. FOCUS GROUP MEETING NOTES Group: Developers, Architects, and Landscape Architects Attendees: 1 Chrs Calkins Staff and Resources: Diane Langager and Laurie Tremor QUESTIONS AND COMMENTS: 1. The list is too broad and the level of impact varies greatly between each plant. 2. Suggests focusing on the top 5 to Why is Jade Tree on the list....would need all the right conditions to be an issue. 4. All the Gum Trees...some are reasonable to grow..5. Suggests walking through the bluffs to seewhat and where the problem plants are. 6. Many of the plants on the list are climate appropriate. 7. There may be a resource issue since the draft list is out of proportion to its impact to the community. 8. Maybe the focus on resources should be directed to greater needs such as storm drains. 9. Why the Carrot Wood Tree... this tree is used for a reason in medians. 10. Maybe the City should identify ~ these plants should not be planted. 11. Before adopting a policy, look at all the competing policies (water, fire, etc...) 12. City should focus on an affirmative plan 13. Suggest a phased approach: a. Phase 1 - Focus resources on a list of 10 invasive/toxic plants ( b. Phase 2 -- Create an affirmative list to be used for City projects only. Suggest this can be done through the General Plan process. Then the City can educate and lead by exaiple. ITEM #07 49

50 ITEM #07 50 CITY OF ENCINITAS DRAFT POLICY FOR INVASIVE & TOIC PLANTS Poinsettia Room, Civic Center 505 South Vulcan Avenue Tuesday, November 10, 2009 from 6 p.m. to 7:30 p.m. FOCUS GROUP MEETING NOTES Group: Local Conservancies, CAL HIP, Environmental Plant Council, and CNLM Attendees: i Jason Giessow (Dendra Inc.) Staff and Resources: Diane Langager and Laurie Tremor QUESTIONS AND COMMENTS: 1. The list is long. 2. Why Jade? 3. Not all plants on the list are an issue. 4. Could keep list, but use color codes to separate 5. Specific Draft Policy Comments: a. #3 seems like a tiered approach. b. Lang. needs to be clarified (OSMP) c. Refers to new use? 'd. Does the City have the authority to regulate? e. #11 Remove CALIPC...and maybe mention under education # 9 f. May want to look into County Weed Management ("A" rated weeds) As a follow up to the meeting, Jason provided an edited version ofthe Draft Invasive Non-Native Plant list (attached). The following are his comments regarding the suggested edits. 1) Priority tier listed* (1 or 2, with aquatic plants listed separately) 2) Horticultural use (may need Carl Bell and/or Nan Sterman to review this and make sure all are correct - not sure on some of them) 3) CDFA rating (with the descriptions of the ratings at the end ofthetable). * Tier 1 and 2 are priority ratings. Tier 1 meaning these are the most problematic plants that would be the priority to be addressed. There is currently enough ip.formation to clearly demonstrate that these plants are impacting natural resources and fire/flood issues. Tier 2 plants may be causing impacts to natural resources, but the impacts are not well characterized at this point, or the impacts do not seem to be as severe. If a 'prohibited list' is established - this would be Tier 1, and a 'recommended no plant list' - this would be Tier 2 plants. Question marks on the Tier levels are plants not certain about. Horticultural use refers to if the plants are actively for sale in nurseries etc. The question marks are plants not sure of their horticultural use - suggest that the horticultural use be checked by Carl Bell and/or Nan Sterman. '

51 ITEM #07 51 City of Encinitas Invasive Plant Committee's INVASIVE NON-NATIVE PLANT LIST Updated by Jason Giessow, '.'", Priority a'qtanigal:nlm:~i....,...' I'. ~ iiii+,iif:o LÄ,R~g,l n,v tlie'ï" ',I :'1:",i.,"'.. "., '.' '. '~Ilil,t,~llJ:i:ët'è 1 Acacia cyclops Coastal Wattle, Cyclops Y Most inv Nominated Most inv Acacia no review 1 Acacia longifolia(a. latifolia) Goldèn Wattle Y Moderate Nominated Moderate no review 1 Ailanthus altissima Tree of Heaven Y? Most inv Moderate Most inv 1 Arctotheca calendula Caoe Weed Y A Most inv Moderate Most inv 1 Arundo donax Gi.ant Reed, Arundo N B Most inv Hiqh Mostinv 1 Asparagus asparagoides Bridal creeper, Smilax N Most inv Moderate Most inv asoaraqus 1 Asphodelus fistulosa Hollow-stem Asphodel, Y? Q Most inv Moderate Most inv Onionweed 1 Caroobrotus chilensis Sea Fiq, Hiqhwav Iceolant Y Most inv Hioh/Mod Most inv 1 Carpobrotus edulis Hottentot Fig, Highway Y Most inv High/Mod Most inv Iceolant 1 Centaurea so/stitialis Yellow starthistle N C - Hiqh - 1 Chrysanthemum Garland or Crown Daisy Y? Most inv Moderate Most inv coronarium 1 Cortaderia jubata & all Jubata grass & all varieties Y? B Most inv High Most inv varieties 1 Cortaderia selloana & all Pampas grass & all varieties Y? Most inv High Most inv varieties 1 Cvnara cardunculus Artichoke thistle N B - Moderate Most 1 Cyperus involucratus (C. African Umbrella Plant N Moderate - Moderate alternifoliusl 1 Cvtisus scooarius Scotch broom Y C Most inv Hioh/Mod Most inv 1 Cvtisus striatus Portuquese broom Y Most inv Hiqh/Mod Most inv 1 Delairea odorata (Senecio Cape ivy, Germa"n Ivy, Y Most inv High Most inv mikanioidesl 1 Dimorphotheca sinuata (D. African daisy Y Most inv Eval no list Most inv aurantiacal 1

52 ITEM #07 52, Priority B'Qtári:Îê~'I;.:Nam'è; Tier :... "'., ' ;,', Ðail:::I:P~ LA!Rel;Jilñv ;.. :. "Plain:t '$;i;d,ø:e 1 Ehrharta calvcina Perennial veldt Qrass N Most inv Moderate Most inv 1 Ehrharta erecta Panic veldt Qras$ N Most inv Moderate Most inv 1 Ehrharta longifora Long-flowered/Annual veldt N Most inv Moderate Most inv orass 1? Eucalyptus camaldulensis Red Gum, River red gum Y Most inv Limited Most inv (E. rostrata). 1? Eucalyptusqlobulus Blue Gum Y Most inv Moderate Most inv 1 Foeniculum vulqare Sweet Fennel, Wild fennel y Most inv Hiah Most inv 1 Genista monspessulana French broom, Y C Most inv HiQh MosUnv 1 Hedera canariensis AIQerian ivy Y Most.inv HiQh Most inv 1 Hedera helix EnQlish ivy"; Y Moderate HiQh Moderate 1 Hypericum canariense Canary Island.St. John's Wort Y Q Moderate Moderate Moderate 1 Iris pseudacorus Pale vellow iris, Yellow flaq Y Q - Limited Most 1 Lepidium latifolium Perennial pepperweed, Tall N B - High - whitetoo 1 Lonicera japonica & all Japanese Honeysuckle & all Y Moderate - varieties Moderate varieties 1 Lythrum salicaria Purple loosestrife Y B Most inv HiQh Most inv 1 'Mesembryanthemum Crystallne iceplant Y Moderate crvstal/inurn Moderate Moderate 1 Mesembryanthemum Slender-leaved iceplant Y Moderate Moderate Moderate' nodiforum, 1 Myoporum laetum Ngaio. Myoporum, Mousehole Y Most inv Moderate Most inv (Myo/Jorum pertoratum) Tree 1 Pennisetum clandestinum Kikuyu grass N C Most inv Limited Most inv (Cenchrus clandestinum) 1 Pennisetum setaceum Fountain grass Y (Cenchrus setaceum) & all varieties except 'RLibrum'/ Most inv Moderate Most inv 'Cuoreum' 1 Phoenix canariensis Canary island date palm y Most inv Limited Most inv 1 Platanus x acerifolia London piane";tree Y - - Moderate 1 Retama monosperma Bridal veil broom N Q Most inv Moderate Most inv (Genista monosperma) 2

53 ITEM #07 53 Priority Tier Vinca major 1 AQ-1 AQ-1 AQ-1 2 Heartleaft iceplant, Red Apple, BabySunrose 2 2 LA'Re,gJnv Âlaint$,r;:,ide y Most inv Limited Mostinv y 'Most inv Limited Most inv y C Most inv Hi h Most inv N B Most inv High Most inv y Moderate Moderate Moderate Most inv Moderate Moderate Moderate Moderate Nominated Moderate no review N? Moderate Moderate N? Moderate Moderate 2 Australian Saltbush N? Most inv Moderate Most inv 2 Red valerian, Jupiter's beard y Potentially nv. 2? Cotoneaster y Moderate Moderate 2? Silverleaf cotoneaster 'Y Moderate Moderate Moderate 2 Jade Plant y Moderate Moderate 2 Carrot Wood y Moderate Moderate 2 Pride of Madeira y Moderate Limited Moderate 2? Everg reen/shamel/mexican/tr y Moderate Eva' not 0 Moderate cal Ash 2 Gazania Iinearis listed Gazania GazanIa, Gazania dais, y Moderate Moderate 3

54 ITEM #07 54 Priority,...Bô,tá:ñicar.'~arne,."",.. Tier ", longiscapa) Colorado gold, Hardy gazania ~ Ø:âili-iPC, I., LARègllnv 2 Ipomoea purpurea Common" Morniha-alorv y Moderate - Moderate,2 Koelreuteria paniculata Goldenrain tree y - - Potentially " 2 Limonium perezii Perez's Marsh-rosemary, Sea y Moderate - Moderate lavender 2 Limonium ramosissimum Algerian sea lavender y Limonium sinuatum Nothc-Ieaf Marsh-rosemary, y Moderate -. Moderate Statice 2 Lobularia maritima Sweet allvssum y Moderate 2 Limited Ma/ephora crocea Moderate Red-flowered iceplant,.. y Moderate Eval no list Moderate Croceum iceplant 2 Melinus repens Natal grass, Natal ruby grass, N Most inv - Most inv (Rhvnchelvtrum repens ) Red top '. 2 Mentha pulegium Pennyroyal' N? Moderate Moderate/- 2 Mentha spicata Moderate Spearmint' y Moderate 2 Moderate/- Mirabilis jalapa (M. Moderate Four O'Clock, Marvel of Peru Y Moderate - IindheimerO Moderate 2? Nassella tenuissima Mexican feather grass y C - Reviewed Potentially 2 Nerium oleander Oleander Y.. - '09/10? nv. Eval not Potentially 2 Oenothera speciosa Mexican evening primrose y - inv. - Potentially listed 2? Olea europaea (fruiting inv. Olive Tree Y Moderate varieties) Limited Moderate 2 Opuntia ficus-indica Mission Prickly-pear, Indian N? Moderate - Moderate fia, Tuna cactus 2 Parkinsonia aculeata Mexican Palo Verde, Y Moderate Eval no list Moderate Jerusalem thorn 2? Pennisetum ciliare Buffelgrass' N Most inv. Most inv (Cenchrus cilare). 2? Pennisetum vilosum Feathertop fountaingråss N? Most inv. Most inv (Cenchrus villosus) 'P:la:ot, nv. Gu1i:âe 4

55 ITEM #07 55 Priority'" B'õt:an'Îc:âINarne, lier 2? Pittosporum undulatum,2 Robinia seudoacacia 2 Schinus molle 2 Tropaeolum majus 2 Ulmus paivifolia Black locust Peruvian pepper tree, 'California' Pe. ertree Garden nasturtium y y Moderate Môderate Eval not listed Limited Limited ".LAReg:liñv,..Rra:r.l, ~:(:dc:~ Moderate Moderate Moderate y 'Most inv Eval not Most inv listed Chinese elm tree y Moderate Nom, no Moderate review Definitions of CDFA Ratings: is either not knownto be established in California or it is present in a "A": A pest of known economic or environmental detrment and limited distribution that allows for the possibility of eradication or-successful containment. A-rated pests are prohibited from entering the state.iffound entering or established in the state, A-rated pests are subject to state (or commissioner when acting as a state agent) enforced action involving eradication, quarantine regulation, containment, rejection, or other holding action. "B" : An pest of are eligible to enter the state if known economic or emrironmental detrment and, ifpresent in California, it is oflimited distrbution. B-rated pests the receíving county has agreed to accept them. If holding action and eradication only to provide for containent, as when found in artursery. At the discretion of found in the state, they are subject to state endorsed agrcultural commissioner they are subject to eradication, containment, suppression, control, or the individual county other holding action. "e": A pest of known economic or environmental detrment and, ifpresentincaliforna, it is are eligible to enter the state as long as the commodities with which they are associated conform usually to pest widespread. cleanliness C-rated standards organisms when found in nursery stock shipments. If found in the state, they are subject to regulations designed to retard spread or to suppress at the discretion of the individual county-agrcultural commissioner. There is no state enforced action other than providing for pest cleanliness. "Q": An organism or disorder suspected to be of economic or environmental detriment, but whose status is uncertain because of incomplete identification or inadequate infomiation. "D": An organism known to be of little or no economic or environmental detrment, to have an extremely low likelihood of weediness, or is known to be a parasite or predator. There is no state enforced action 5