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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ADOPTING
THE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION 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) APPROVING
THE PLAN AND ITS IMPLEMENTATION
CITY OF FOSTER CITY
WHEREAS, at the February 6, 2023 City Council meeting, the City Council approved via Resolution 2023-16 an agreement with Wildlife Innovations Inc. for preparation of an Integrated Adaptive Canada Goose Management Plan ("Plan"), which would include the identification of Canada Goose (“CAGO” [Branta canadensis]) management techniques and deployment strategies in certain locations in the City to be implemented on an as needed basis (“Project”); and
WHEREAS, as part of the preparation of the Plan, Wildlife Innovations Inc., also conducted an Initial Study (IS) for the proposed Project to assess its environmental impact; and
WHEREAS, the City of Foster City working with Wildlife Innovations Inc., in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, has prepared an Initial Study and Mitigated Negative Declaration (SCH # 202409125) dated May 28, 2024 with standards conditions and a Mitigation Monitoring and Reporting Program (MMRP), and CEQA Findings (IS/MND), which combined, adequately analyze the environmental impacts of the proposed Project and mitigate the potential environmental impacts such that they are reduced to levels below established thresholds of significance; and WHEREAS, the IS/MND concluded that the Project could result in less than significant impacts with mitigation incorporated to certain biological resources, cultural resources, and other mandatory findings of significance as indicated in the IS/MND; and WHEREAS, all the potentially significant impacts of the Project can be avoided or reduced to insignificance with implementation of mitigation measures; and WHEREAS, 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; and 2 6
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WHEREAS, the public review period began on July 3, 2024 and ended on August 2, 2024, and concluded without receiving any public comments; and WHEREAS, the state review period began on August 5, 2024 and ended on October 4, 2024; and
WHEREAS, the City received a comment letter from the CDFW and Wildlife Innovations Inc., prepared a Response to Comment (RTC) dated October 16, 2024 and notification of availability was sent to CDFW; and
WHEREAS, the comments received from CDFW do not result in any substantial changes to the proposed project description, analysis, and/or impacts that were previously disclosed in the IS/MND; and
WHEREAS, a Notice of Public Hearing was duly posted for consideration of the IS/MND with consideration to the RTC including consideration of the standard conditions of approval and MMRP; and
WHEREAS, the City Council has reviewed and considered the IS/MND and the Plan, all written correspondence, verbal testimony, staff reports, and supporting documents and reports prepared, and the information contained in the IS/MND and the Plan; and
WHEREAS, copies of the IS/MND and other documents and materials which constitute the records of the proceedings upon which this decision is based are available for public review on the City of Foster City website and from the custodian of these records, namely, the Community Development Department, located at City Hall, 610 Foster City Boulevard, Foster City; and
WHEREAS, copies of the IS/MND are available for public review on the City of Foster City website and at the Community Development Department, City Hall, 610 Foster City Boulevard, Foster City; and
WHEREAS, a lead agency must adopt standard conditions of approval and MMRP for changes to a project that it adopts or makes a condition of project approval in order to ensure compliance with the measures during project implementation. The standard conditions of approval and MMRP would require that the project adhere to certain mitigation measures that would reduce the impacts to 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.
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NOW THEREFORE, BE IT RESOLVED based on the facts and analysis in the IS/MND, all written and oral testimony, and evidence submitted in connection with the IS/MND and exhibits, and finds that:
1. The foregoing recitals are true and correct and material to this Resolution.
2. The IS/MND, including RTC and standard conditions of approval and MMRP and all documents incorporated by reference, including the information contained therein prior to adoption of this Resolution, have been independently reviewed and considered by the City Council; and
3. The IS/MND, including the RTC and standard conditions of approval and MMRP have been prepared, circulated for public review and completed in accordance with CEQA, the State CEQA Guidelines, and the City of Foster City Environmental Review Guidelines; and
4. The IS/MND adequately describes the environmental impacts of the proposed project; and
5. The IS/MND adequately discloses mitigation measures and conditions to mitigate impacts to the less than significance level; and
6. The IS/MND reflects the City’s independent judgement and analysis.
BE IT FURTHER RESOLVED that the City Council of the City of Foster City does hereby certify and adopt the IS/MND, including the RTC and standard conditions of approval and MMRP and all documents incorporated by reference, prepared by Wildlife Innovations, Inc., as complete and adequate and adopts: 1) the foregoing Statement of Findings as CEQA Findings; and 2) the standard conditions of approval and Mitigation Monitoring and Reporting Program identified in the IS/MND, attached hereto and hereinafter incorporated by reference as the valid environmental review for this Project.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 2nd day of December 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICK SULLIVAN, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK