STAFF REPORT
Meeting Date:
September 23, 2025
BUSINESS
24 SUBJECT: CLARIFICATION OF FUEL MODIFICATION PROGRAM AND EMERGENT
INVASIVE SPECIES PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1. Allow for the management of species identified on the California Native Plant Society’s Emergent Invasive Species List for Orange County under the City’s Early Detection and Rapid Response program, with a preference for mechanical and manual removal first, but permitting targeted herbicide use if mechanical methods fail to achieve eradication; and
2. Extend the provisions of the adopted Fuel Modification Treatment Protocol addendum, including restrictions, and public notice requirements, to any herbicide use conducted as part of the Emergent Invasive Species Management program.
Appropriation: $0 Fund: N/A
Submitted By: Approved: David A Kiff
Jeremy Frimond, Assistant City
Manager
Dave Kiff, City Manager
SUMMARY OF THE MATTER
At its August 12, 2025 meeting, the City Council approved a multi-year contract with Natures Image, Inc. for fuel modification services through December 31, 2028. The contract provides for a program that does not use herbicides for fuel modification work, limiting treatment within fuel modification zones to mechanical and manual removal methods. This agenda item for September 23, 2025 does not revisit the Council’s approval of that contract. The contract is underway today.
Separately, the City participates in a regional program led by the California Native Plant Society to eradicate emergent invasive plant species (EIPS) that occur in small populations but pose a significant risk to biodiversity. Staff recommends continuing participation in this program, with manual and mechanical removal as the preferred methods. If those methods are not sufficient, the City would retain the option to use herbicides consistent with the adopted treatment protocol addendum, with glyphosate reserved as a last resort. For scale, the EIPS program covers approximately one-third (1/3rd) of an acre across the City’s approximate 4,000 acres of managed wildland habitat.
CLARIFICATION OF FUEL MODIFICATION SERVICES CONTRACT AND EMERGENT
INVASIVE SPECIES PROTOCOL
September 23, 2025
DISCUSSION
At its August 12, 2025 meeting, the City Council considered a proposed contract award for Fuel Modification Services and an addendum to the City’s certified Fuel Modification Treatment Protocol related to herbicide use. Following discussion, the Council voted 5-0 to authorize execution of Contract No. 25-71 with Natures Image, Inc. through December 31, 2028, for a fuel modification program that does not allow herbicide use as a treatment option for maintenance or new development. Fuel modification treatment will therefore be limited to mechanical or manual removal methods.
Separate from the City’s Fuel Modification Program, Laguna Beach participates in a regional effort led by the California Native Plant Society to eliminate emergent invasive plant species (EIPS). This program targets a defined list of nonnative species in Orange County that have very small populations but a high potential to cause significant environmental damage and biodiversity loss (Attachment 4, web link).
Because these populations remain limited, eradication is still feasible.
Emergent invasive plant species may colonize inside or outside of a fuel modification zone. Staff recommends that the City continue to treat these species when located on any City-owned property, consistent with the revised treatment protocol, anywhere in the wildland habitat, including fuel modification zones.
At the August 12 meeting, staff recommended prioritizing manual and mechanical removal methods even for EIPS. If those methods are not sufficient to contain the species, staff further recommended a protocol that retained the ability to use herbicide as a later/last resort to eliminate targeted species while populations remain manageable.
To aid in public understanding, staff prepared two flow charts illustrating the process for emergent invasive species: (1) Treatment Approach Flow Chart (Attachment 1), and (2) EIPS Species Management Flowchart (Attachment 2). The treatment approach is also summarized below.
Program Area: The emergent invasive species program in Laguna Beach covers approximately one-third of an acre, distributed across the City’s wildland habitat.
Treatment Approach: Emergent Invasive Plant Species removal would not be conducted by the City’s fuel modification contractor, Natures Image, even if included in a fuel modification zone.
The City follows a stepwise approach when addressing emergent invasive species:
Step 1 – Manual or Mechanical Removal
• Initial management relies on hand pulling, mowing, or other feasible treatment options such as covering the area with tarps to exclude sunlight.
• If the population continues to expand, or if eradication cannot be achieved with manual or mechanical methods alone, staff may escalate to herbicide application.
CLARIFICATION OF FUEL MODIFICATION SERVICES CONTRACT AND EMERGENT
INVASIVE SPECIES PROTOCOL
September 23, 2025
Step 2 – Targeted Herbicide Application
Herbicide use follows the City’s Herbicide Treatment Protocol Addendum (Attachment 3) and progresses through three stages:
Stage 1 Non-Proposition 65 herbicides, EPA Level III herbicides, or organic herbicides.
Stage 2 Proposition 65 and/or EPA Level II herbicides.
Stage 3 EPA Level I herbicides, including glyphosate. Glyphosate is reserved as a last resort and applied only when other treatments (including Level II and III herbicides) have proven ineffective.
Escalation Criteria
• Escalation to the next stage occurs if the previous method does not achieve effective containment or eradication, as demonstrated by monitoring results showing continued spread or regrowth. • Staff will also consider site-specific conditions, potential environmental impacts, and best management practices before advancing to the next stage.
Evaluation of Success in Containing Emergent Invasive Species The management of emergent invasive species is measured over defined time periods. Once a population is identified, either the number of plants is counted or the percent coverage within a specified area is calculated. The target species is then treated through mechanical or chemical means. Follow-up evaluations determine whether regrowth occurs and whether the number of plants or coverage has increased or decreased.
If coverage decreases, additional rounds of the same treatment method are applied. If coverage increases, management escalates to the next treatment phase as outlined in the program flow chart, which includes the use of specific herbicides. Glyphosate is reserved as the final treatment option, applied only after all preceding steps have proven ineffective.
FINANCIAL ANALYSIS
The recommended action has no financial impact to the budget.
ENVIRONMENTAL ANALYSIS
This addendum narrows the scope of authorized treatment practices, the City has determined that this amendment does not trigger recertification under the California Environmental Quality Act (CEQA) or require a new CDP.
ATTACHMENTS
1. Treatment Approach Flow Chart (Pg. 5)
2. EIPS Species Management Flowchart (Pg. 6)
CLARIFICATION OF FUEL MODIFICATION SERVICES CONTRACT AND EMERGENT
INVASIVE SPECIES PROTOCOL
September 23, 2025
3. Adopted Treatment Protocol Addendum (Pgs. 7-21)
4. Invasive Species List - https://chapters.cnps.org/oc/2024/12/23/2025-oc-emergent-invasive-plant-list/ Report Prepared By: Coordinated With:
Jeremy Frimond, Assistant City Manager