Yet City officials withheld this mandatory $2,500 fee by inaccurately claiming that this Project was exempt and that "there is no evidence before the agency that the proposed project will have potential for adverse effect on wildlife resources." The City filed a document claiming the project would have a nearly non-existent impact (called a "de minimis" impact). Apparently they overlooked the possible storm water pollution risk, as well as what the EIR identifies as a potentially significant impact to the yellow warbler � a migratory bird listed as a threatened or endangered species pursuant to the California Endangered Species Act.
This error by City officials is stunning all the more because the DFG's June 27, 2006 letter to the City about this Project's EIR even states: "Unless rebutted by substantial evidence in the record, this project should not be considered de minimis with regard to its impact on fish and wildlife resources." The evidence is there; the City just chose to ignore it. The failure to pay this fee denies the DFG the very funds needed to help review such environmental documents and violates various State laws.
