DATE: October 7, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Community Development Director
Vanessa Brannon, Senior Management Analyst
DEPARTMENT: Community Development
SUBJECT: ISSUANCE OF A REQUEST FOR PROPOSALS FOR AN
AMENDMENT OF THE CITY OF FOSTER CITY'S GENERAL PLAN
PARKS AND OPEN SPACE AND CONSERVATION ELEMENTS
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing staff to issue a Request for Proposals (RFP) for an Amendment to the Foster City General Plan Parks and Open Space Element and the General Plan Conservation Element and find the request exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3).
EXECUTIVE SUMMARY
California law requires that General Plans be updated "periodically," however, except for the Housing Element, which needs to be updated every eight (8) years, there is no specific timeline requirement from the State to update a general plan regularly. The State Office of Planning and Research (OPR) recommends comprehensively updating a general plan every 10-15 years to reflect changes in community values, economic conditions, and emerging issues and challenges. The City's Safety Element was updated in August 2023, and the Housing Element 2023-31 was updated in March 2024.
In the 2021-2022 state legislative session, Senate Bill (SB) 1425 was passed and signed into law. This bill requires that the Open Space Element be updated by January 1, 2026, with expanded requirements, including considering climate resilience in coordination with
the Safety Element. The bill also explicitly focuses on "rewilding opportunities," or creating and preserving open space networks to support biological and recreational uses.
Assembly Bill (AB) 1889, signed into law on September 10, 2024, requires the Conservation Element to consider the effect of development within the jurisdiction on the movement of wildlife and habitat connectivity. The bill requires the Conservation Element, upon the next update of one or more elements on or after January 1, 2028, to, among other things, identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, identify and analyze existing or planned wildlife passage features, and consider the impacts of development and the barriers caused by development to wildlife, as defined, and habitat connectivity.
In order to comply with SB 1425 and AB 1889 requirements in a timely manner, staff recommends that the City Council authorize staff to issue a Request for Proposals (RFP) for an amendment to the Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element.
BACKGROUND
California law (Government Code Section 65300) requires every city and county in the state to prepare and adopt a comprehensive, long-range general plan for the physical development of the jurisdiction, following guidelines provided by the OPR.
As per OPR, "While a general plan will contain the community vision for future growth, California law also requires each plan to address the mandated elements listed in Government Code section 65302. The mandatory elements for all jurisdictions are land use, circulation, housing, conservation, open space, noise, and safety. Cities and counties in the San Joaquin Air Pollution Control District must also address air quality in their general plans. Cities and counties that have identified disadvantaged communities must also address environmental justice in their general plans, including air quality. The purpose of the following sections is to outline the content of each element as required by statute." (source: Office of Planning and Research)
Foster City General Plan and its Elements
Foster City's General Plan contains eight (8) elements that are published separately.
Open Space and Conservation are mandatory elements of the General Plan, while Recreation is optional.
•Land Use and Circulation Element (amended 2013)
•Housing Element (adopted 2024)
•Parks, Open Space and Conservation Element (adopted 2009) •Noise Element (adopted 1993)
•Safety Element (adopted 2023)
•Conservation Element (adopted 2003, adopted as a separate element 2009) Foster City's Parks and Open Space Element
Foster City's Parks and Open Space Element was adopted in September 2009. This Element of the City's General Plan addresses the preservation of parks and open space.
Since parklands comprise much of the city's open space resources, the Parks section was combined with the Open Space section.
Parks typically feature landscaping improvements like grass and trees and recreational amenities such as playgrounds, basketball courts, and sports fields. In contrast, open spaces are often undeveloped, lacking structures or significant improvements. The key distinction between open spaces and conservation areas lies in their purpose: open spaces may be preserved for recreational or scenic reasons, while conservation areas are protected primarily due to specific natural resources rather than the land itself. While some open spaces may also serve as conservation areas, the focus differs. For example, an open space might be valued for its scenic waterfront views, whereas a conservation area may be designated to protect an endangered species found near that same waterfront.
The Parks and Open Space Element of the City of Foster City General Plan has three (3) primary concerns:
•Preserve and Improve the Quality of Life within Existing Neighborhoods. oMaintain and improve existing resources, parks, and open space for the day-to-day and long-term enjoyment of the City of Foster City residents. •Assure the Proper Development of Undeveloped Property. oMaintain adequate standards, integrate environment, parks, and open space considerations as the City approaches build-out, and evaluate the impacts and appropriateness of new development about the city's environmental conditions and needs.
•Assure that Redevelopment of Developed or Underutilized Property Occurs Appropriately.
oEstablish mitigation measures for any changes in inland use as reasonably necessary to ensure the protection of environmental resources, parks, and open space.
Foster City's Conservation Element
The Conservation Element was adopted in May 2003. This Element of the General Plan addresses preserving and conserving natural resources in Foster City. In September 2009, it was split from the former Parks, Open Space, and Conservation Element.
The General Plan Conservation Element concerns the preservation of natural resources such as water, air, and energy. Conservation is necessary to ensure their availability to future generations. The issues in the Conservation Element include human life-sustaining elements, wildlife habitat, and recycling of renewable resources. Human life-sustaining elements include air, water, and energy. Wildlife habitat refers to areas within the city that provide feeding or resting areas for wildlife such as birds. Recycling of renewable resources includes aluminum cans, glass, paper, newspaper, tin, and some plastic.
ANALYSIS
SB 1425 requires every city and county to review and update its local open-space element by January 1, 2026, and include plans and an action program that addresses specified issues, including equity and access, rewilding opportunities, climate resilience, and other co-benefits of open space correlated with the safety element. Existing State law requires each city and county to create and maintain an Open Space Element that provides objectives, goals, policies, and implementation programs.
SB 1425 (Stern, Open-space element) states:
"SEC 1. (a) Every city and county shall review and update its local open- space plan by January 1, 2026. The update shall include plans and an action program, as required by Section 65564, that address all of the following:
(1) Access to open space for all residents in a manner that considers social, economic, and racial equity, correlated with the environmental justice element or environmental justice policies in the general plan, as applicable.
(2) Climate resilience and other co-benefits of open space, correlated with the safety element.
(3) Rewilding opportunities, correlated with the land use element. (b) For purposes of this section, "rewilding opportunities" may include, but are not limited to, the following:
(1) Opportunities to preserve, enhance, and expand an integrated network of open space to support beneficial uses, such as habitat, recreation, natural resources, historic and tribal resources, water management, and aesthetics.
(2) Establishing a natural communities conservation plan to provide for coordinated mitigation of the impacts of new development.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 3. The Legislature finds and declares that the preservation of open space is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
Therefore, Section 1 of this act adding Section 65565.5 to the Government Code applies to all cities, including charter cities."
AB 1889 requires the conservation element of a local general plan to consider the impact of development on wildlife movement and habitat connectivity. The bill would also require a city or county, upon the next revision of one or more general plan elements on or after January 1, 2028, to update the conservation element to, among other things, identify and analyze wildlife passage features to ensure that planned development does not undermine the effectiveness of those features.
Even though the timelines for timeline mandates are different for both Elements, staff believes that combined efforts on these two (2) elements would be more efficient and would provide for a more holistic, sustainable, and livable environment that benefits both nature and people.
Staff also researched other cities in the County and found out that the following cities have their Open Space and Conservation Elements combined:
City of San Mateo - Conservation, Open Space, and Recreation Element City of East Palo Alto - Parks, Open Space and Conservation City of Los Altos – Open Space, Conservation, and Community Facilities Element City of San Carlos – Parks and Recreation
Difference Between Parks Master Plan and the Parks and Open Space Element Several cities have completed or are working on amendments to their Open Space Elements. In some cases, cities have integrated this effort with their Parks Master Plan.
However, Foster City has chosen to approach these projects separately. On May 6, 2024, the City Council approved a consultant for the Parks Master Plan, and work on that project is underway. City Staff will ensure these two projects are in alignment, as elements of the Parks Master Plan will feed into or inform the Parks and Open Space Element.
Both, the Parks Master Plan and the Parks and Open Space Element are lone-range planning documents that are used to guide the development and management of parks, open spaces, and recreational facilities.
The Parks Master Plan is a standalone document that outlines specific projects, upgrades, and programming for parks and facilities. It serves as a strategic guide for park improvements and funding over a set period. In contrast, the Parks and Open Space Element is part of the city’s General Plan, providing long-term goals, policies, and objectives for parks and open space and integrating these considerations into overall land use planning.
While the Parks Master Plan is project-focused, the Parks and Open Space Element is policy-focused.
Issuance of RFP
The City routinely engages consultants for specialized professional services to support its operations. These consultants provide staff with the technical and professional expertise to successfully complete projects. Consultants are selected through an open and competitive RFP process designed to identify firms with the necessary background and experience while ensuring that service costs remain competitive.
The City is seeking consultants with expertise in Planning, Landscape Architecture, Architecture, Parks, Community Engagement, and/or Engineering to assist in developing an amendment to the City's General Plan Parks & Open Space and Conservation Elements.
The RFP includes a Scope of Work, which highlights six (6) essential tasks:
Task 1: Project Initiation and Project Management
Task 2: Community Outreach and Engagement
Task 3: Existing Conditions Analysis
Task 4: Research and Analysis
Task 5: Preparation and Adoption of Amendment to the Parks & Open Space and Conservation Elements
Task 6: Environmental Review Preparation
The project is estimated to take 12 months to complete, with City Council consideration and adoption in November/December 2025.
If approved, the RFP will be issued on October 8, 2024, with a due date of November 8, 2024, which may need to be extended based on interest City staff will review and evaluate the proposed scope of work, experiences of firm, staffing, experiences of firm, and budget submitted by consultants and will ensure that the proposal meets and fulfills the City's standards and requirements. Attachment 2 is the proposed Draft RFP that will be issued if the City Council approves this item. Based upon the Scope of Work and Timeline as outlined, an agreement with the prospective consulting firm would be tentatively scheduled for City Council consideration and awarded at its December 2024 meeting.
CEQA
The issuance of an RFP is exempt per CEQA Guideline Section 15061(b)(3), Common Sense Exemption.
FISCAL IMPACT
The fiscal impact will not be known until the proposals are opened and the contract terms are negotiated. However, Fund 128 the "General Plan Maintenance Fund," can be used to update and maintain the City's General Plan. The current balance in Fund 128 is approximately $1.7M.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Innovation and Sustainability
ATTACHMENTS:
Attachment 1 - Resolution
Attachment 2 - Request for Proposals