City Council Report
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City Council Report Invasive Plant Policy Review and Regulatory Improvement Project Examples of Invasive Plants of Portland Adopted by City Council Ordinance No. 183534 Effective July 1, 2010 and July 1, 2011 Invasive Plants of Portland (identification of cover photos) Butterfly bush Common hawkweed Garlic mustard Giant hogweed Buddleia davidii Hieracium vulgatum Alliaria petiolata Heracleum mantegazzianum Gorse Yellow flag iris Purple loosestrife Ulex europaeus Iris pseudacorus Lythrum salicaria The Bureau of Planning and Sustainability is committed to providing equal access to information and hearings. If you need special accommodation, please call 503-823-7700, the City's TTY at 503-823-6868, or the Oregon Relay Service at 1-800-735-2900. For more information about the Invasive Plant Policy Review and Regulatory Improvement Program, please contact: Tricia R. Sears, City Planner II/Environmental Specialty Portland Bureau of Planning and Sustainability 1900 SW 4th Avenue, Suite 7100 Portland, Oregon 97201-5380 Phone: 503-823-1174 Email: [email protected] A digital copy of this report can be found at: http://www.portlandonline.com/bps Acknowledgements Portland City Council Sam Adams, Mayor Nick Fish, Commissioner Amanda Fritz, Commissioner Randy Leonard, Commissioner Dan Saltzman, Commissioner Portland Planning Commission Don Hanson, President Amy Cortese, Vice President Michelle Rudd, Vice President André Baugh Lai-Lani Ovalles Howard Shapiro Jill Sherman Irma Valdez Bureau of Planning and Sustainability (BPS) Sam Adams, Mayor, Commissioner-in-charge Susan Anderson, Director Joe Zehnder, Chief Planner Eric Engstrom, Principal Planner Roberta Jortner, Supervising Planner Tricia R. Sears, City Planner II/Environmental Specialty Bureau of Environmental Services (BES) Dan Saltzman, Commissioner-in-charge Dean Marriott, Director Mike Rosen, Watershed Division Manager Paul Ketcham, Willamette Watershed Manager Jennifer Goodridge, Invasive Species Coordinator Project Staff Tricia R. Sears, BPS Roberta Jortner, BPS Jennifer Goodridge, BES City Working Group Bureau of Development Services Portland Bureau of Transportation Ross Caron, Kathy Harnden, Mike Hayakawa, Mike Boyle, Tim Thrienen Ed Marihart, Michelle Seward, Kim Tallant, Parks and Recreation Russ Tilander Astrid Dragoy, Kathleen Murrin, Bureau of Environmental Services Kendra Peterson-Morgan, John Reed, Mitch Bixby, Kris Day, Dawn Hottenroth, Mark Wilson Paul Ketcham, Toby Query Portland Office of Emergency Management Bureau of Planning and Sustainability Patty Rueter Phil Nameny Water Bureau Fire Bureau Angie Kimpo, Rich Rice Kelli McIntire Portland Plant List External Reviewers Bruce Newhouse, Consultant Jason Dumont, The Nature Conservancy Mandy Tu, Consultant Mark Sytsma and Vanessa Howard Morgan, Portland State University Acknowledgements Jessica Richman, BPS; Shannon Buono, BPS; Ralph Sanders, BPS; Leslie Wilson, BPS; Julie White, BPS; Sandra Wood, BDS; Kim Freeman, BDS; Rachel Whiteside, BDS; Doug Morgan, BDS; Emily Roth, BES; Jennifer Karps, BES; Kathryn Beaumont, City Attorney; Roland Iparraguirre, City Attorney; Ben Walters, City Attorney; Adam Barber, Multnomah County; Chris Wirth, Multnomah County; Sandy Duffy, Multnomah County; Damon Reishe, Clean Water Services; Tim Butler, Oregon Department of Agriculture (ODA); Shannon Brubaker, ODA; Tom Forney, ODA;4 County Cooperative Weed Area (CWMA); Oregon Association of Nurseries (OAN); Jonna Papaefthimiou, Lake Oswego; Mary Logalbo, West Multonomah Soil & Water Conservation District; Phil Burgess, Clark County, WA; Glenn Lebsack, Clark County, WA; Tanya Beard, Marion County; Don Farrar, Gilliam County; Vern Holm, Yamhill County; Suzanne Rowe, King County, WA; Sasha Shaw, King County, WA; Sarah Beazley, City of Chicago; Steve Shults, Illinois Department of Natural Resources; Jody Shimp, Illinois Department of Natural Resources Contributors are from Oregon unless otherwise noted. Special thanks to those listed above and to all who participated in the project by discussion, coordination, research, review, comment, and other efforts. Invasive Plant Policy and Regulatory Improvement Project Table of Contents__________________ __________________ Cover Page and Acknowledgements………………………………………………………. Transmittal Letter from Planning Commission to City Council…………………………… Table of Contents…………………………………………………………………………... Summary…………………………………………………………….………………..……. Project Overview Report………………………………………….……………….…….… Appendices……………………………………………………………………..………..… A. Title 33 Zoning Code……………………………..………………….….……..….. B. Portland Plant List.................................................................................................... C. Title 29 Property Maintenance Regulations………………………………..……… D. Administrative Rules “Nuisance Plants Required Removal Program” …….....….. (Authorizing code is in Title 29.) E. Financial Impact Statement for Council Action Items……………………………. F. Intergovernmental Agreement to Provide for the Coordinated Regulation and Management of Invasive Plants Between City of Portland and Multnomah County……………………………………………………………………………….... G. Letters of Support from the Planning Commission Hearing on November 10, 2009 and the Proposed Draft: Report and Recommendations to Planning Commission, dated October 9, 2009……………………………………………………………………………………… H. List of Stakeholder Involvement Actions for the Invasive Plant Policy Review and Regulatory Improvement Project……………………………………………………….. I. Ordinance No. 183534: Adopting the Invasive Plant Policy Review and Regulatory Improvement Project……………………………………………………………..………. J. Letters of Support from the City Council Hearing on February 3, 2010 and the Planning Commission Recommended Report to City Council, dated January 15, 2010…………….. March 5, 2010 Table of Contents Page 1 of 4 Summary Introduction The Invasive Plant Policy Review and Regulatory Improvement Project is an effort to improve the City’s policies, regulations and procedures related to management of invasive plants. The project is funded by the Bureau of Environmental Services (BES), and led by the Bureau of Planning and Sustainability (BPS). Context As a follow up to City-sponsored town hall meeting on invasive species in November 2005, the City Council passed Resolution No. 36360 which required the City to develop a three year work plan and ten year goals to reduce noxious weeds within the city. In response to Resolution No. 36360, BES led a multi-bureau effort to develop a city-wide invasive species management strategy. The Invasive Plant Management Strategy (Strategy) was published in November 2008. On August 26, 2009, the City Council approved Resolution No. 36726, which established the Strategy as the City’s management plan on invasive plants. The Strategy calls for numerous actions including protecting the highest value City natural areas; preventing the establishment of new plant invaders; integrating invasive plant management policies into the City’s Comprehensive Plan; and updating invasive plant regulations in existing City codes. What Will the Project Change? The Invasive Plant Policy Review and Regulatory Improvement Project has four components that focus on actions identified by the Strategy. Update the Portland Plant List (PPL) to include priority ranks and guidance regarding invasive plants. Staff proposes revisions to the PPL to inform City and community invasive species management activities, program development, and priority setting. Evaluate opportunities to improve invasive plant control through development and non- development situations, including updates to City codes and rules. Staff has evaluated City codes to establish code and policy to effectively manage invasive plant species in development and non-development situations. Coordinate with the Portland Plan project to ensure that invasive species are addressed in the Comprehensive Plan update and the Portland work plan. Through the Portland Plan, the City should establish clear and ambitious policies and objectives to help advance the invasive species management strategy. Policies relating to invasive plants should be addressed in the contexts of public health, safety, environment, and economy. Research the feasibility of establishing a local noxious or invasive weed law. Staff is analyzing the legality and the potential benefits, costs, and impacts of establishing a local noxious weed law. Staff has also researched similar laws in other jurisdictions. March 5, 2010 Table of Contents Page 2 of 4 What Documents are Attached? The City Council Report is comprised of the documents related to the four project components. The Project Overview Report provides a detailed description of each of the project components. The changes and recommendations relate to codes and technical documents used by multiple City bureaus and citizens. Specifically, changes are recommended for the Zoning Code (Title 33), the Property Maintenance Regulations (Title 29), the Portland Plant List, the Erosion Control Manual, the Stormwater Management Manual, and the Tree and Landscaping Manual. Recommendations also evaluate the feasibility of establishing a City noxious weed law. In some situations, ideas and suggestions were explored and are identified for future research and projects. The changes to the Zoning Code, with commentary explaining the changes, primarily involve clarifications of existing language related to removal of invasive plants in conjunction with City- required landscaping and mitigation as part of a land use review. An additional