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7.1 Staff Report

Foster City City Council
December 2, 2024

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7.1 Staff Report
Meeting
December 2, 2024
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Foster City City Council
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Text extracted from the city's file for reading and search. Open the original on fostercity.primegov.com. That file is the official record.

DATE: December 2, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Frank Fanara, Parks Maintenance Manager
DEPARTMENT: Parks and Recreation
SUBJECT: ADOPTION OF THE INITIAL STUDY AND MITIGATED

NEGATIVE DECLARATION AND APPROVAL OF THE

INTEGRATED ADAPTIVE CANADA GOOSE MANAGEMENT
PLAN

RECOMMENDATION
It is recommended that the City Council open a public hearing to hear and receive comments regarding the Draft Integrated Adaptive Canada Goose Management Plan (“Plan”) and the Initial Study and Mitigated Negative Declaration and following the public hearing adopt the attached resolution to:

1. Adopt the Initial Study (IS) and Mitigated Negative Declaration (MND), with all findings and standard conditions of approval and Mitigation Monitoring and Reporting Program (MMRP) pursuant to the California Environmental Quality Act (CEQA) for the Integrated Adaptive Canada Goose Management Plan (“Plan”); and

2. Approve the Plan which will inform and guide implementation for the reduction of Canada Geese (CAGO) impacts to City parks and other public spaces.

EXECUTIVE SUMMARY

At the regular City Council meeting on February 6, 2023, the City Council approved via Resolution 2023-16 an agreement with Wildlife Innovations Inc. for preparation of the Plan.

Wildlife Innovations drafted a comprehensive Plan that includes various management techniques for the CAGO including, but not limited to, habitat modification, noise makers, pyrotechnics, and non-lethal projectiles. With Council approval and adoption of the Plan, staff aims to put together an implementation plan and cost proposal for Council’s review in early 2025.

BACKGROUND
The City has faced several challenges to effectively control the CAGO population for years utilizing numerous mitigation methods with minimal success. The CAGO is an extremely adaptable species that has found Foster City to be an ideal habitat due to the proximity to water and abundance of grass which has led to an increase in the population of resident geese over the years. The increase in population has resulted in higher concentration of droppings leading to the degradation of water quality within the lagoon and making public spaces unattractive.

This increase has led to CAGO frequently occupying parks, walkways, sports fields, and other public areas, especially during molting season from June to August. The substantial amount of fecal matter left by these birds not only limits residents' enjoyment of outdoor spaces but also poses potential health risks, including the possible spread of pathogens such as Escherichia coli (E.coli), Cryptosporidium, and Legionella, which are harmful to humans. Moreover, the nitrogen content in the feces can lead to water pollution, causing algal blooms and reduced water quality. Studies have shown that the presence of these geese significantly degrades water quality and increases the risk of illnesses such as swimmer’s itch and gastrointestinal issues among the public who encounter contaminated water or areas.

On September 19, 2022, the City Council by way of Minute Order No. 1878, directed staff to issue a Request for Proposal (RFP) to identify a consultant to develop a comprehensive Plan. Staff received four (4) proposals from various firms and ultimately chose Wildlife Innovations to prepare the Plan and conduct the environmental review.

ANALYSIS
In order to mitigate the issues that CAGO present in the City, the Plan proposes a range of non-lethal management strategies aimed at reducing the CAGO population in public parks, particularly those near the lagoon. The draft Plan outlines the various damages and health risks associated with the presence of CAGO. The Plan will serve as a guide for implementing adaptive management techniques, including habitat modification and hazing, to deter the geese from congregating in urban areas and encourage their relocation to more natural environments. These measures are designed to be flexible, allowing for adjustments based on effectiveness and the specific conditions at the seven (7) priority parks identified in the Plan.

The short-term goals of the Plan focus on launching the Adaptive CAGO Management Program by testing hazing methods and implementing habitat modifications in the seven (7) priority parks. These efforts aim to reduce CAGO presence in high-conflict areas, although this may shift CAGO activity to secondary parks. The City will continue using effective hazing and habitat strategies and work to prevent CAGO nesting within Foster City. Mid-term goals include expanding successful hazing methods to secondary parks, implementing proven habitat modifications across more park areas, and tracking CAGO movements outside the City to support regional collaboration in reducing their use of City properties. Long-term goals emphasize optimizing the efficiency of CAGO management by integrating habitat modification strategies into future park planning, gradually reducing hazing efforts, and maintaining surveillance to detect potential new conflicts.

The Plan will align with Foster City's Parks Master Plan, ensuring that management strategies for CAGO are integrated into broader efforts to improve park amenities and recreational spaces. By addressing CAGO-related issues, particularly through habitat modifications and hazing techniques, the Plan supports the City's vision for safe, clean, and accessible parks. This approach will ensure the long-term coexistence of wildlife and public enjoyment of park spaces, in line with the City’s ongoing park improvement and development goals.

The Plan is designed in three phases:

Phase I – Site Visits, Initial Surveillance
Phase I of the plan focused on site visits and initial surveillance to address CAGO management in Foster City parks. Wildlife Innovations and Foster City representatives identified seven (7) priority parks based on proximity to the lagoon system, used by children, and history of CAGO conflicts. These parks included Gull Park, Erckenbrack Park, Marlin Park, Leo J. Ryan Park, Catamaran Park, Edgewater Park, Sea Cloud Park. During this phase, a CEQA review was conducted, leading to the development of an MND to ensure compliance with environmental regulations. Additionally, surveillance was initiated using cellular-transmission cameras to monitor CAGO and human activity, with the goal of understanding CAGO patterns and informing future mitigation strategies.

Phase II – Expanded Surveillance, Public Outreach, Mitigation Surveillance efforts will continue and expand, incorporating in-person observations to complement digital data. The gathered information will guide mitigation efforts, which may include GPS collaring to track CAGO movements before initiating active deterrence. Public outreach will be conducted to educate the community about upcoming habitat modifications and hazing techniques. As habitat modifications are implemented, hazing methods, such as nest destruction and other deterrents, will be evaluated for effectiveness. Surveillance data will be crucial in adjusting the methods and timing of hazing to reduce CAGO presence in the parks.

Habit modification and hazing methods may include:
•Hazing dogs which has been shown to be effective but is limited to hazing on land.
•Remote Controlled Devices are effective at hazing the geese both on land and water by not allowing the geese to retreat to the water for safety. Upfront costs and run time are potential drawbacks to this these devices. •Flashing or strobe lights can help deter CAGO, especially at night, and are easy to deploy and affordable. However, they require frequent maintenance and repositioning to stay effective and may be prone to vandalism or theft. •Lasers, especially green ones, effectively disperse CAGO, particularly at night.

Hand-held lasers are dynamic but require personnel, while automatic systems are more expensive and need careful placement to avoid risks to humans and wildlife. Lasers should be used in controlled areas and may be prone to theft or vandalism
•Flags, mylar tape, and scare-eye balloons are visual hazing tools used to deter CAGO, often by reflecting light and mimicking predator eyes or movement.

These devices can be effective in discouraging nesting but are less successful in foraging areas. Their impact is usually short-term unless frequently repositioned or used with other methods. Mylar tape can be hung as streamers, while predator-eye balloons can be placed to mimic threats. However, they may be unsightly, need regular maintenance, and could negatively impact non-target birds.
•Sound-making devices can deter CAGO by producing startling noises. Options include propane cannons, pyrotechnics, and electronic devices. Propane cannons require careful monitoring to prevent habituation and may face noise restrictions. Pyrotechnics are commonly used at airports but can raise safety concerns. Electronic devices can emit distress or predator calls but lose effectiveness if not varied. These devices may disturb non-target wildlife and nearby residents, require maintenance, and may need permits due to noise regulations and fire hazards.
•Chemical repellents are used to make grass unappealing to CAGO, deterring them from foraging in treated areas. These repellents require frequent reapplication, especially after rain or irrigation, and are most effective for small areas or temporary use.
•Localized reproductive control is an important strategy for managing resident CAGO populations and reducing conflicts. By identifying and monitoring nesting areas, nests can be oiled, eggs addled or removed to prevent hatching. This reduces site fidelity, as geese born in conflict areas tend to return to nest there.

Over time, fewer goslings are produced in these areas, making deterrence and hazing more effective and less costly. This non-lethal method is often more publicly acceptable and supports long-term CAGO management Phase III – Adaptive Management Efforts
Phase III will build on the success of the earlier phases, continuing adaptive management efforts and expanding the program as CAGO presence decreases. With effective mitigation in the seven (7) priority parks, the program may extend to additional areas. The combination of habitat modification, deterrence, and public outreach aims to create long-term solutions for reducing conflicts between CAGO and human activity in Foster City.

Plan Implementation Next Steps
Subsequent to the approval of the Plan by the City Council, staff will return in February 2025 with an implementation plan that will begin in early 2025 and continue for two consecutive years following (2026 and 2027). The 3-year implementation plan will contain a systematic approach along with specific metrics to determine its effectiveness for both the short and long term. Cost estimates for the plan implementation will be provided to the City Council, which if accepted, will be included in future budget processes for the City Council’s consideration.

CEQA/ENVIRONMENTAL REVIEW PROCESS
The City, acting as the Lead Agency under CEQA, has prepared an IS/MND to evaluate the environmental impacts of the proposed “project”, which is the adoption and implementation of the Plan. The IS/MND concludes that, with the adoption of the Plan and implementation of the proposed mitigation measures, the Plan would not have a significant impact on the environment. The Plan's goal is to mitigate conflicts between the public and CAGO, thereby enhancing public safety and improving the quality of life in Foster City.

Wildlife Innovations prepared the IS to evaluate whether the proposed project might have a significant environmental impact. In late April, the Administrative Draft of the IS/MND and the Administrative Draft of the Plan were submitted for City Staff review.

Based on the IS, the City determined that the project would not have a significant effect on the environment and, therefore, prepared an MND. Additionally, the project site(s) are not listed as hazardous waste sites under Government Code Section 65962.5.

As required under the California Code of Regulations (CCR) Section 15072 - Notice of Intent (NOI) to Adopt a Negative Declaration (Neg Dec) or MND, a lead agency shall provide a NOI to adopt a Neg Dec or MND to the public, responsible agencies, trustee agencies, and the county clerk of each county within which the proposed project is located, sufficiently prior to adoption by the lead agency of the Neg Dec or MND to allow the public and agencies the review period provided under CCR Section 15105.

The City issued the NOI to adopt the IS/MND, initiating a 30-day public review period. •On June 27, 2024, the City posted the IS/MND on the City’s website, mailed out the Notice to Tribes and the CEQA distribution list, and emailed the Notice to the interest list.
•On July 2, 2024, the NOI was filed with the County Clerk. •On July 3, 2024, the NOI was published in the Foster City Islander.

The public review period began on July 3, 2024, and ended on August 2, 2024, and concluded without receiving any public comments.

Additionally, the City submitted the NOI and other relevant documents to the State Clearing House (SCH 2024090125). The state review period began on August 5, 2024, and ended on October 4, 2024. On September 30, 2024, the City received a comment letter from the CDFW, included in Attachment 3. CDFW provided comments and recommendations to help Foster City mitigate the potential impact of its project on biological resources, particularly related to CAGO nuisance. CDFW emphasized that habitat modification, particularly the removal of grass lawns and the planting of native shrubs and trees, is one of the most effective non-lethal strategies for deterring CAGO populations, especially in areas near water. CDFW also suggested that the project should prioritize modifying irrigated grass areas and enforcing a no-feed policy through public education. Additional recommendations included the combination of habitat modification with harassment techniques and egg management to reduce CAGO populations. CDFW also noted the importance of protecting other avian species and consulting with them when necessary. On October 16, 2024, Wildlife Innovations prepared a Response to Comment (RTC) and notification of availability was sent to CDFW. (See Attachment 5)
The IS/MND adopts standard conditions of approval (SCOAs) and an MMRP. These SCOAs are included as mitigation measures to ensure that if archaeological or paleontological deposits or human remains are encountered during excavation or construction activities, appropriate measures would be implemented to reduce potential adverse effects. While the proposed project would not result in substantive ground disturbance activities, the project would be required to implement the same conditions of approval/mitigation measures prior to and during any work that would be ground disturbing. The MMRP would require that the project adhere to certain mitigation measures that would reduce the impacts to a less than significant impact:
•Mitigation Measure (MM) AES-1 is proposed to limit the use of mylar balloons and/or mylar.
•MM BIO-1 would reduce impacts to migratory and nesting raptors protected under the MBTA to less than significant.
•MM CUL-01 – Accidental Discovery of Prehistoric or Historic Archaeological: If deposits of prehistoric or historic archaeological materials are encountered during project activities, all work within 25 feet of the discovery shall be redirected and the Community Development Director immediately notified.
•MM CUL-02 - Human Remains. If human remains are encountered, work within 25 feet of the discovery shall be directed and the County Coroner and the Community Development Director immediately notified.

The conditions of approval and the MMRP are attached to the proposed Resolution.

FISCAL IMPACT
There is no direct fiscal impact on acceptance and approval of the Plan. If the Plan is approved by the City Council, staff will return by February 2025 with an implementation plan proposal and an order of magnitude cost estimate for 2025 and for two consecutive years following (2026 and 2027). Staff will present options to the City Council, including potential fiscal impacts for the current fiscal year budget as well as for future budgets.

This may include a request from the City Council to authorize an RFP for mitigation implementation.

Currently, the Parks and Recreation Department has approximately $70,000 budgeted for goose cleanup and mitigation.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Integrated Adaptive Canada Goose Management Plan Attachment 3 – Initial Study/MND for Integrated Adaptive Canada Goose Management Plan
Attachment 4 – California Department of Fish and Wildlife Comment Letter Attachment 5 – Wildlife Innovations Response Letter to California Department of Fish and Wildlife

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