Barstow City Council
October 17, 2022

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at City’s risk. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

Under no circumstances shall Consultant look to the City as its employer.

Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.

9. AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its City Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the request of the City Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.

10. INDEMNIFICATION

10.1 The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any other cost to the extent arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to

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indemnify and protect City as set forth herein.

10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs and expenses shall include reasonable attorneys’ fees due to counsel of City’s choice, expert fees and all other expenses of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.

10.3 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 10 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

10.4 The obligations of Consultant under this Section 10 of this Agreement are not limited by the provisions of any workers’ compensation or similar statute.

Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in Section 10 of this Agreement from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

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10.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.

10.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.

11. INSURANCE

11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.

11.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured.

11.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:

11.3.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent

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consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.

11.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.

11.3.3 Worker’s Compensation insurance if and as required by the laws of the State of California.

11.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000).

11.4 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the City Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.

11.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

11.6 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.

11.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.

11.8 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

11.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this

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Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

11.10 The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.

11.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or self-insured retention to guarantee payment of losses and expenses.

11.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.

11.14 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.

11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.

11.14.2 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

11.15 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

12. MUTUAL COOPERATION

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12.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

12.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.

13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.

14. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to services or expenditures and disbursements from Consultant to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.

15. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during

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Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

17. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2 and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.

18. TERMINATION

18.1 City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant may terminate this Agreement for any reason on thirty calendar days’ written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

All City data, documents, objects, materials or other tangible things shall be promptly returned to City upon the termination or expiration of this Agreement.

18.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily If to City:

Willie A. Hopkins, Jr., City Manager
City of Barstow
220 E. Mountain View Street, STE A
Barstow, California 92311
If to Consultant:

Mark Teague, AICP
Managing Principal
Placeworks Environmental Services
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Telephone: 714-966-9220
With courtesy copy to:

Matthew T. Summers, Barstow City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd, Suite 850
Pasadena, CA 91101

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performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Section 5.2 above and as otherwise provided in this Agreement.

19. GENERAL PROVISIONS

19.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis.

19.2 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).

19.3 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be Placeworks with the waiver.

19.4 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

19.5 Consultant shall keep itself informed of state, federal and laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Service pursuant to this Agreement. The Consultant shall reasonably observe and comply with such laws and regulations. The City and its officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

19.6 Neither Consultant nor City shall be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.

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19.7 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be San Bernardino County, California and Consultant hereby consents to jurisdiction in San Bernardino County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

19.8 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

19.9 This Agreement shall be governed and construed in accordance with the laws of the State of California.

19.10 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.

19.11 Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.

Consultant shall take affirmative action to ensure that applicants are employed, and

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that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:

CITY OF BARSTOW PLACEWORKS ENVIRONMENTAL SERVICES, INC.

By___________________________ By:_______________________________ Willie Hopkins Jr., City Manager Mark Teague, Managing Principal Date:______________________ Date:_________________________ Attest:

By
Andrea Flores, City Clerk
Date:_______________________
Approved as to form:

By__________________________________
Matthew T. Summers, City Attorney
Date: __________________________

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”

SCOPE OF WORK
A-1
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”

APPROVED FEE SCHEDULE
B-1
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NON-COLLUSION DECLARATION

TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the ____________________ of ____________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________[date], at ________________[city], _____________[state].” _________________________________ _________
Signature DATE
_____________________________________
Printed Name of Signatory

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WORKERS’ COMPENSATION INSURANCE

CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

DATE: __________________ __________________________________________ (Contractor)
By: __________________________________________
(Signature)
__________________________________________
(Title)
Attest:

By: _____________________________________
(Signature)
_____________________________________
(Title)

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Packet Pg. 377 Attachment: DRAFT Placeworks GP Update Agrmnt 10-12-2022(292463.2) G. Jordan Edits (5157 : General Plan Update Contract) Prepared by PlaceWorks September 23, 2022 | Page 1
October 12, 2022
Chris Heldreth
Planning Department

CITY OF BARSTOW
220 E. Mountain View St., Suite A
Barstow, CA 92311
Subject: Proposal for the City of Barstow General Plan Update Dear Mr. Heldreth,
The City of Barstow has been preparing to update its general plan for several years and recently contracted with PlaceWorks to perform a preliminary review of the document against current legal requirements and best practices. PlaceWorks reviewed each element of the general plan and established a list of changes required to bring them up to date. PlaceWorks also evaluated the plan against the City’s stated vision and goals to determine the changes necessary to actualize the desired outcomes. The resulting audit is included as an attachment to this scope of work.

As word of the review became public, staff was contacted by property owners interested in developing new warehousing and others interested in having their properties annexed into the city. Outreach to our military base liaisons, chamber of commerce, the Barstow Unified School District, Barstow Community College, and the railroad was conducted to understand how their goals for the future aligned with the City’s vision.

Executive Summary
Overall, the General Plan is a serviceable document but in need of various updates, which is to be expected given the short horizon of the current plan. In addition to the law-based changes summarized in (see end of proposal), we recommend that the City conduct a visioning process that will either reaffirm the vision in the current plan or indicate a need for revisions. The process will engage the public and key stakeholders such as the military, chamber of commerce, large employers (community college, school district, and railroad), and community organizations. Barstow has the land, the vision, and the resources to encourage growth; an updated General Plan will guide the growth in a manner that supports the City’s vision.

Overview
The update process will center on five key factors—visioning, land use, circulation, environmental justice, implementation, and environmental review. Certainly, all elements of the plan will be updated, and many different topics discussed, but all will be addressed through the lens of one or more of the four key factors.

Visioning
Many general plans include a vision and ‘big idea’ statements that help guide policymaking and decisions regarding proposed development. The City’s vision, as expressed in the current General Plan, is “Barstow is a community where visitors explore, workers reside and raise their families and children grow up to find jobs at livable wages, enabling them to remain in the community to develop their own households.” This speaks to the quality of life that residents want and suggests growth but does not explain the types of growth welcome in the city. We believe the city has enormous potential for new growth opportunities, the expansion of existing business, and of course new housing. We recommend adding more big idea statements to the General Plan that set expectations and align with the City’s vision.

EXHIBITS A & B

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Over the last decade, Barstow has grown at a significantly slower rate than other cities in the high desert.

Since 2010, Barstow has grown by only 103 households (1.3 percent). Over the same period, Victorville has grown by almost 11 percent, Twentynine Palms by 6.3 percent, and Hesperia by 9.3 percent. Additionally, the city’s unemployment rate is two points higher than the county as a whole, suggesting that employment opportunities may not be as abundant in Barstow. This poses a particular challenge for soon-to-graduate students, of whom there are proportionally more compared to the county average. This may push graduates to leave the city to seek employment instead of establishing their own lives in Barstow. In fact, the city has seen an out-migration of residents in their prime working age (20 to 59) since 2010. If the vision expressed in the General Plan of creating a city for families to thrive is still appropriate, having young people leave is not ideal. Instead, the General Plan should work toward supporting new jobs that pay well and that incentivize young people to stay in Barstow. With the right kind of development, the city can support jobs that are accessible to recent high school graduates and that qualify for local trade programs or apprenticeships. We suggest that this conversation is one to have with the community and to memorialize in the General Plan.

Land Use and Circulation
Historic Route 66 and the downtown need more visitors and customers. For retail uses, this usually equates to more rooftops (homes). While the city has a substantial amount of land suitable for housing, the General Plan could allow for a wider variety of housing types and amenities. The city has land available for development for all types of land use. According to the San Bernardino County Assessor, nearly 85 percent of land within the city limits (21,500 acres) is considered vacant, and another 106,000 acres lie within the city’s sphere of influence (though much of that is under federal ownership). The distribution of land use designations on the land use map separates the employment-generating uses from housing. This creates opportunities for various industries without affecting existing residents. Of course, this also calls for circulation solutions because many of the local roadways are already feeling the effects of recent development.

The City is served by highways and interstates as well as rail. These transportation assets, combined with land available for employment development, can provide job opportunities for residents and fuel the expansion of existing businesses. The Circulation Element will need to show a network linking people to jobs, retail, education, and recreation. Fortunately, the city has vast areas where new networks can be proposed.

While the interstate and highway networks are convenient, regional access is often hampered by constrictions in the network that can cause lengthy delays for commuters and freight. Ideally, the General Plan should include growth strategies that encourage employment in the city and capitalize on goods movement that relies less on the road network, such as rail, or can use the roadways during off-peak times.

Environmental Justice
The City adopted its first Environmental Justice Element in August 2021. In accordance with state law, the element identifies health risks in disadvantaged communities and establishes a number of objectives and strategies to address the community needs. Most census tracts in Barstow meet the criteria to be considered disadvantaged, with many tracts scoring poorly in both the Pollution Burden (ozone and diesel particulate matter) and Population Characteristic (health outcomes and economic achievement) categories.

While the current element may be sufficient to support the current General Plan, the update effort will need to revisit the same topics to ensure appropriate strategies are in place that account for newly anticipated future growth. This process will build upon the work of the previous element, paying particular attention to land use as a means to address existing, and prevent future, environmental justice issues. Environmental justice topics will be woven throughout the General Plan and feature prominently during outreach efforts.

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Implementation
General plans are a long-term tool for development, so policies are necessarily broad in scope and flexible in their implementation. To further the vision of the City, the General Plan needs implementation measures that provide direction to staff for achieving the stated goals and landowners on development requirements.

One example already in use by the City is the municipal code, which includes land use and development regulations, subdivision standard, and impact fees. The municipal code governs not only what can be built but how it must be built.

As the city grows, specialized zoning or design standards will be needed to accommodate unique new development types or to streamline other projects. These can include specific plans that establish specialized zoning provisions, or objective design standards addressing the transition to new development. The process will also lay the foundation for annexing land currently in the City’s sphere of influence (SOI) through a prezoning process. Pre-zoning will ensure that the City is able to guide growth in these peripheral areas.

Consideration for existing residents is equally important as new growth occurs to ensure that the impacts of new development, such as truck noise and air quality, do not unfairly burden those residents. As such, the analysis of environmental justice will begin with the visioning and public outreach process, be reflected in the land use and circulation elements, and will form a key part of the implementation strategy.

Finally, we understand that the development world keeps moving while the City is updating the General Plan.

Accordingly, we are available to provide additional planning and CEQA assistance as necessary to ensure individual projects proposed during the update process are consistent with the General Plan and support the City’s long-term vision and goals.

Environmental Review
Without presently knowing the extent of changes, consideration for the environmental impacts of the update is premature. If the visioning process leads to only minor updates to the plan, a comprehensive environmental impact report (EIR) may not be necessary. Larger changes to the plan will, of course, result in a more comprehensive environmental review process. Having a robust EIR is an asset to the City, allowing future projects to tier from the analysis and streamline review of the project. An EIR can also assist with phasing development to ensure that infrastructure improvements keep pace. PlaceWorks recommends that the City complete visioning and consideration of land uses before fully scoping the appropriate environmental review.

Scope of Work
The attached scope of work provides a narrative of the work effort and an estimated cost for each task.

PlaceWorks will be to use as much existing information and planning effort as possible, and only change what is essential to achieve the City’s vision. With work starting in September 2023, we believe that modifications to the General Plan can be completed by the second quarter in 2023, with the public review draft of the EIR completed in the fourth quarter of 2023. This will allow the City to adopt the revised General Plan in the first quarter of 2024. The following scope is based on our in-depth review of the General Plan and our discussions with staff.

Respectfully submitted,
Mark Teague Colin Drukker
Managing Principal/PIC Principal/Project Manager

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Scope of Work | Barstow General Plan & EIR
The following describes the scope of services to be completed by the PlaceWorks team for the Barstow General Plan and accompanying EIR. To facilitate your review of this proposal, we have prepared a concise scope that emphasizes key components of our approach.

We are flexible regarding the proposed scope of work and will work with you to prepare a more detailed scope when we enter into a contract. We also recognize that it may be necessary to alter the scope as the project progresses, and we would be happy to work with you to ensure the successful completion of the project.

Table 1. General Plan Budget Estimate and Summary of PlaceWorks Workload Task Number
Estimated
Budget
Teague

PIC & CEQA
Drukker
Proj Mgr & GP
Witter
Asst PM
Support
Other Staff
Total Hrs
All Staff
Task 1. Context and Mapping $100,174 16 40 121 462 639
Task 2. Public Outreach $56,345 16 87 47 174 324
Task 3. General Plan Update $140,576 18 78 240 592 928
Task 4. Implementation $29,927 16 60 70 - 146
Task 5. Environmental Analysis $224,181 110 52 48 1,171 1,381 Task 6. Tech Studies (F&P/Fuscoe) $229,053 - - - - -
Task 7. Public Hearings $19,666 32 32 24 - 88
Task 8. Project Management $81,702 90 90 160 80 420
Total General Plan Estimates $899,785 298 532 811 2,479 3,926

PREPARATION OF THE GENERAL PLAN
TASK 1. CONTEXT AND MAPPING
Task 1.1 Due Diligence
Although we bring prior knowledge about Barstow and have already gathered numerous planning documents as part of our background information and data gathering for this proposal, there is still a need to coordinate further with the City and service providers to gather and review additional information for this effort. This task involves collecting comprehensive information about Barstow from existing planning documents and technical studies, including studies prepared by the City and other entities to inform the planning process and the Existing Conditions Story Map.

Examples of relevant documents are:
» City’s Strategic Plan (and biannual updates)
» GP amendments (adopted/pending and draft work on elements) » Current/pending development applications
» Environmental clearance documents for recent projects » Adopted specific plans, including environmental clearance documentation » Regional planning documents (MPAH, CMP, etc.) and local transit/bicycle plans » Park and recreation plans (local, regional, state, and federal) » Capital improvement and infrastructure master plans
» Safety, hazard, biological, and historic surveys
PlaceWorks will review the City’s existing GP and other pertinent City documents to ensure that the update incorporates existing plans, reflects the most current data available, and prevents duplication of work. PlaceWorks will streamline the initial document gathering and retrieval process and minimize the need to collect and analyze additional information. However, as relevant documents are identified, retrieved, and reviewed, references may

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emerge to other documents (local and regional) with additional information that is relevant to the project. Additional follow-up with City staff will be necessary to obtain relevant information.

PlaceWorks will also coordinate with City staff to evaluate the current GP and determine content that is still appropriate, is complete, should be moved to other plans or ordinances, or should be modified or deleted. The work effort in this task will inform the Existing Conditions Story Map in Task 1.2 and will be used to revise the GP goals and policies in Task 3.2.

Task 1.2 Existing Conditions, Issues, and Recommendations Survey of Land Use. The overall land use pattern in Barstow has remained relatively stable, with a few commercial and industrial areas along Interstate 15 introducing land use changes. The creation of an accurate existing land use map is important to identify opportunity areas for future land use changes, accurately estimate buildout, and conduct environmental analyses. Generating an accurate existing land use map also engenders greater trust from residents and businesses by communicating our knowledge of the local area. PlaceWorks will prepare an inventory of existing land uses on a parcel basis, informed by a review of internal records, aerial research, and external sources (e.g., Microsoft Bing Building Footprints). An updated existing land use inventory can be provided to SCAG and other regional entities at project completion so it can accurately inform (sub)regional planning efforts.

Infrastructure and Circulation Analysis. PlaceWorks will coordinate with Fehr and Peers (see Task 6.1) and Fuscoe Engineering (see Task 6.2) to evaluate the existing and planned circulation and infrastructure systems and identify capacity and policy implications based on the current GP buildout conditions and other programmatic requirements.

The results of the evaluation will be summarized along with maps of existing and currently planned facilities into the Existing Conditions Story Map.

Existing Conditions Story Map. Guided by the data, studies, and analyses in previous tasks, PlaceWorks will prepare a Esri ArcGIS Story Map containing preliminary findings, data, and maps. The story map will be presented formally in conjunction with the vision and values identified by Task 2.2.

Task 1.3 GIS Data and Mapping
An accurate inventory of GIS maps and information is essential for any GPU. GIS is used not only for the production of maps, but also for data analytics, and will play a central role in developing the plan. The key is to maximize the value of accurate GIS data while minimizing the cost of obtaining and correcting information. PlaceWorks recommends a combination of City data augmented by external authoritative data sources. As part of this task, PlaceWorks will:
• Obtain relevant map information and GIS data from the City. • Supplement City GIS data with new or updated information from other authoritative sources. • Identify and resolve any outstanding data deficiencies and potential inaccuracies. • Structure the GIS data so that maps can be printed as a hard copy and viewed as a dynamic web map.

GIS maps will support all major tasks in the GPU, including that which is needed to understand needs and implications regarding potential policies and environmental analysis. PlaceWorks will develop a design template for digital files and hard copy reproduction to ensure a consistent image and quality. We will also prepare an accurate parcel-level map of the existing conditions, current general plan, and proposed general plan for use in other studies.

Task 1 Deliverables
» GIS data and mapping to support outreach, analysis, general plan documents, and environmental clearance » Existing Conditions Story Map

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TASK 2. PUBLIC OUTREACH AND EDUCATION PROGRAM
Task 2.1 Outreach Foundation
PlaceWorks will brings its ideas and tools to ensure the City’s outreach efforts can take place quickly and engage a large number and broad spectrum of local residents and stakeholders, ultimately generating an updated vision and GPU that is created in collaboration with and supported by the community. It is our understanding that the City will retain an independent consultant to spearhead public relations. As such, this task provides time for PlaceWorks to support the City and its public relations team to plan and refine an outreach strategy, including topics such as schedule, public collateral, engagement strategies, and messaging.

Task 2.2 Public Engagement
Public outreach efforts conducted for GPUs can range from minimal to extravagant. The key is to strike the right balance for Barstow so that outreach is effective, meaningful, and efficient. Our experience is that the exact number of hours allocated to each activity can only be accurately determined during the update effort. Accordingly, the scope and budget reserves at least 300 hours of PlaceWorks staff time to conduct a half dozen different types of public engagement activities that are described in more detail below. As always, we are open to refining the outreach program to best suit your needs.

Online Engagement. PlaceWorks views online engagement as an opportunity to broaden the awareness of the project and engage a wide cross-section of Barstow residents, reaching residents who may not attend public meetings or become involved in City issues. We will support a City-maintained project website that provides 24-hour access to project information and facilitate the publication of background information, presentations, and draft documents.

PlaceWorks will also be available to review draft content as requested to assist the City in crafting messages for its existing social media platforms.

Project Collateral. While the most important part of outreach and engagement is the in-person communication and conversations between the City and the community, some digital and print material can augment those interactions to foster greater excitement and understanding. PlaceWorks can produce and/or review the production of a variety of collateral material suitable for distribution online, at in-person events, for print, and direct mail.

Community Vision. Using the insights gained from an evaluation of existing conditions the community and public outreach efforts, we will draft a Vision to review with the City staff and Council. The purpose of this task is to define Barstow’s long-range community vision and values, which will lay the planning framework for the rest of the GP work program and for City activities. The vision should respond to the following questions:
» What are our community priorities?
» What are the most important values generally shared by the citizens of Barstow? » How do we envision Barstow 20 years from now?
» What desirable characteristics do we want to integrate into our city? Community Meetings. PlaceWorks has experience designing and conducting public meetings that are meaningful and productive for both City staff and the community. Our experience indicates that general plan updates are not well understood or easy to explain and citywide meetings (that are not held in parallel with a pre-existing community event or meeting), rarely attract large crowds and often fail to provide evidence that broad outreach was well-advertised and conducted.

Instead, the most effective strategy to engage a large number and broad spectrum of the community is to meet directly with community-based organizations, especially those that may not be comfortable with public meetings, the (idea of the) government, and/or speaking/understanding English. This task provides PlaceWorks with the time to prepare sets of presentation and meeting materials for use by consultant and City staff when attending individual meetings with community-based organizations or groups. Examples of community groups include those listed on

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Barstow’s Chamber of Commerce as family, community, and civic organizations, as well as other individuals and entities as identified by the City or other key stakeholders.

While the City has already adopted an environmental justice element, this comprehensive update offers an opportunity to update the element, as necessary, to address any new or previously overlooked environmental justice matters. Some special focus may be placed on reaching groups that advocate on behalf of communities in San Bernardino County regarding the topic of environmental justice (even if they are located outside the Barstow region).

PlaceWorks staff will stay in Barstow for up to two multiple-day periods in order to maximize opportunities to meet in person and establish a strong connection with community groups in the first part of the outreach effort, primarily supporting the creation of the vision. To maintain communication with these groups as the project unfolds, subsequent meetings can be held with community groups via phone or Zoom calls (ideally with City staff attending in person and PlaceWorks there for support). These additional virtual meetings will be held at subsequent stages of the effort, generally tracking with the Planning Commission and City Council Workshops (if possible, PlaceWorks will work with the City to coordinate additional community meetings in person by scheduling them on the same day as the workshops).

PlaceWorks will also help lead a meeting with key stakeholders and service providers in the greater Barstow community (e.g., utility providers, the railroad, and school districts), to better understand their long-term plans and visions for Barstow and to discuss implications of growth.

Public Workshops. There are a number of existing City councils, commissions, and committees that already meet regularly in front of the general public on topics that address the growth and development of Barstow. PlaceWorks can create materials for and attend or lead workshops with one or more of the following entities at various stages of the update effort.
» Planning Commission and City Council. The outreach process can leverage a combination of regularly scheduled Commission and Council sessions and special study sessions to present progress updates and obtain feedback and guidance. Examples of potential session/workshop topics could include vision and guiding principles, land use plans (drafts and preferred, including annexation areas), and goals, policies, and implementation. » Youth Advisory Council. Gaining insight from Barstow’s emerging leaders is an important step in crafting a General Plan that anticipates and accommodates the needs of future generations. » City Committees. The City has several committees focused on specific topics, such as public works improvements (Street) and public safety (Measure Q).

Housing Element Outreach. In order for the Housing Element to be adopted in advance of the comprehensive effort, one additional round of SB 18 consultation may be required (if not already initiated), and some additional targeted outreach will be needed per the State’s March 2022 comment letter to ensure the City obtains certification.

PlaceWorks can coordinate with the City to ensure Housing Element-related information is presented at public engagement activities associated with the comprehensive General Plan update, especially those designed to connect with key stakeholders and community groups associated with underrepresented segments of Barstow.

Spanish Translation and Interpretation. To maximize public engagement of the entire Barstow community, especially those that are often underrepresented in civic matters, PlaceWorks can provide staff and resources to facilitate bilingual (English/Spanish) translation and interpretation throughout the public outreach process. This could take the form of translation of project collateral, such as flyers, presentations, and surveys, as well as in-person interpretation for one-on-one conversations and meeting presentations (PlaceWorks may also enlist outside vendors that are courtcertified depending on activities).

Task 2 Deliverables
» Coordination and support to develop outreach strategy » Approximately 300 hours to assist or lead on:

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o Draft and final community vision
o Review of content developed for City-maintained project website and social media accounts o Project collateral for print and electronic distribution o Meetings with community-based groups and City councils, commissions, and committees (in person or virtual) o Housing Element outreach (concurrent with General Plan outreach) o Spanish translation and interpretation support
TASK 3. GENERAL PLAN UPDATE
Task 3.1 Land Use Options
Informed by the Existing Conditions Story Map in Task 1.2 and the public engagement throughout Task 2, PlaceWorks will coordinate with City staff to develop an updated land use plan that will guide the long-term physical development of Barstow and supports its vision and community values.

Land Use Alternatives. To establish a foundation for examining land use alternatives, we will first generate land use estimates (housing units, population, building square footage, and employment) for existing conditions and the current land use plan. PlaceWorks will meet with relevant City staff to discuss common statistical assumptions that will guide this process, such as land use types, densities and floor area ratios, population and economic growth assumptions, persons per household rates, employment per square foot generation rates, valuation assumptions, and other demographic and economic variables. We will prepare a memorandum summarizing the assumptions to use in the buildout analyses.

PlaceWorks will then create up to two land use alternatives to the current GP land use plan. For each alternative, we will analyze and present our evaluation of development potential, transportation demands, infrastructure and service demands, financial feasibility, fiscal impact, public improvement costs, potential EIR implications, and how the alternative relates to the community vision and values.

PlaceWorks will compile the above information into a summary of the citywide totals for existing conditions, the current land use plan, and the proposed land use alternatives. This information will be presented to City staff and the Council to obtain direction on the preferred land use plan.

Preferred Land Use Plan. Once the preferred land use alternative is selected, PlaceWorks will prepare an initial draft of the preferred Land Use Plan and summary report, which will include buildout statistics, mapping, and policy and strategy recommendations. After revising the administrative draft Land Use Plan based on staff comments, we will prepare the public review draft Land Use Plan, which will be presented at a City Council study session (possibly a joint session with the Planning Commission). Based on direction provided by the City Council at the study session, we will prepare a final preferred Land Use Plan for use in the environmental analysis.

Annexation. The land use plan will also set the stage for future annexations by explaining the process of annexation, required prezoning, and logical boundaries. Based on guidance received from the City, PlaceWorks will draft plans for up to three potential annexation areas for review by City staff, Planning Commission, and City Council.

Task 3.2 Prepare General Plan
This task addresses the production of the GP itself, including an update and modernization of existing elements and the addition of topics and/or elements. While every general plan must address a similar set of topics and many are presented in a common structure, we tailor our approach to the City.

PlaceWorks will address all elements and topics required by state law, topics generated from analysis and public input, and recent GP amendments. In addition to a comprehensive review of the City’s land use element, PlaceWorks anticipates revisions (as necessary) to the recently adopted environmental justice element (SB 1000), new analysis and direction to address climate adaptation and resiliency (SB 379), updated guidance on economic development and fiscal sustainability, options to improve motorized and non-motorized transportation facilities, and future plans for

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water and wastewater systems. PlaceWorks will also assist the City with revisions to the 6th Cycle Housing Element based on feedback received from HCD in order to secure certification in advance of the adoption of the comprehensive General Plan update.

Task 3.3 Final General Plan
Following the EIR public review process, it is likely that there will be slight changes to the General Plan that will need to be incorporated. PlaceWorks will work with the City to evaluate the changes against the EIR, determine whether any additional analysis is required, and then produce the adopted final version of the General Plan. This document will be posted on the City’s website. PlaceWorks will also provide digital files (GIS, PDF, Word, Excel) used in generating the General Plan so that the City has a complete copy of all materials.

Task 3 Deliverables
» Statistical summary of existing conditions and current GP buildout » Up to 2 land use alternatives
» Up to 3 annexation alternatives
» Draft and preferred land use plan
» Draft and final GP elements
TASK 4. IMPLEMENTATION
Task 4.1 Implementation Plan
PlaceWorks will prepare an Implementation Plan that identifies critical next steps to implement new policy direction over the next 3-5 years. We collaborate internally with City staff and with other entities throughout the GPU process to identify ideas for the Implementation Plan. Based on our experience creating and implementing general plans, PlaceWorks can recommend implementing actions that are meaningful and effective. Each implementation item will include the associated GP goal, responsible entity, and time frame. When necessary and available, PlaceWorks will also provide an assessment of the scale of necessary financial and staff resources and a measure of successful completion. Implementation actions related to environmental justice and climate adaptation and resiliency will be incorporated into the appropriate general plan element as required in state law.

Task 4.2 Zoning Consistency
PlaceWorks will draft map changes and identify the language needed to bring the Zoning Code, Zoning Map, and other major implementing measures into consistency with the approved General Plan. Examples of potential revisions include new zoning designations or changes in permitted use tables based on new or amended land use designations.

Some zoning updates may be included as part of the proposed project (and be adopted concurrently with the General Plan) while other updates will be included as action items in the Implementation Plan.

Task 4 Deliverables
» Draft and final Implementation Plan
» Implementation strategies for environmental justice and climate adaptation and resiliency » Draft language and mapping to maintain consistency between the approved GP and Zoning Code/Map TASK 5. ENVIRONMENTAL ANALYSIS
Our understanding is that the City is updating the General Plan while simultaneously considering a specific plan application by BNSF for a large facility on the northwest side of the City. While BNSF will prepare a specific plan and associated environmental analysis, the project is of sufficient size that we recommend including the impacts of the specific plan as part of the General Plan Update.

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Task 5.1 Notice of Preparation, Scoping Meeting, and Tribal Consultation Project Description. A detailed project description will be prepared that will include text detailing the project characteristics, land use summary tables, statistical tables comparing the existing land uses to the proposed changes, and figures to depict the proposed land use changes. The project description will use information from the General Plan update process including projected buildout scenarios. Figures will be included to highlight the focus of the geographical areas affected. The project description will also include project objectives and required discretionary approvals. This project description will be used for preparation of the Notice of Preparation (NOP) and EIR.

Notice of Preparation. PlaceWorks will draft the NOP for public review and prepare the document for circulation using the City’s prior NOP formats that do not include an initial study. PlaceWorks will prepare drafts of all requisite filing forms and submit copies to the State Clearinghouse. This scope assumes the City will file the NOP with the County Clerk and publish the notice in the local paper, starting the 30-day public comment period for the NOP.

Scoping Meeting. PlaceWorks will assist the City in organizing and conducting one in-person public scoping meeting to present the major features of the proposed General Plan and to solicit comments regarding the scope and content of the environmental issues to be addressed in the EIR. At the meeting, we will be prepared to discuss the environmental review process and to answer questions as desired by the City staff. It is recommended that the scoping meeting be held one to two weeks following the release of the NOP to identify public concerns about environmental issues and meet the schedule.

Task 5.2 Technical Analysis
Agriculture
Agricultural uses occur within the planning area of the City and similar to the existing General Plan it is likely that some of the existing agricultural land will be converted to non-agricultural uses during annexation and buildout of the planning area. The EIR will evaluate the existing agricultural uses, and will include an analysis of both agricultural uses, and soil types that are used in the definition of agriculture by the Local Agency Formation Commission. This will ensure that the general plan EIR is adequate for the consideration of future annexation requests. This is an environmental topic where technical studies from the specific plan can be used to inform the analysis of the EIR, as well as provide a means of demonstrating how the general plan policies on agricultural land conversion would be implemented.

Air Quality, Greenhouse Gas, and Energy
PlaceWorks will prepare an air quality and greenhouse gas (GHG) emissions analysis for the General Plan Update and EIR. The analysis will be based on the current methodology of the Mojave Desert Air Quality Management District (MDAQMD) for projects in the Mojave Desert Air Basin (MDAB). PlaceWorks will prepare a communitywide criteria air pollutant and GHG emissions inventory and forecast for the General Plan Update. The results of the technical modeling will be compiled into the EIR. Model outputs will be included as an appendix.

Air Quality & Greenhouse Gas Emissions. PlaceWorks will conduct a review of the air quality, energy, and GHG modeling and analysis. PlaceWorks staff is up to date on the latest threshold methodology and case law for GHG emissions. The review of the GHG analysis will confirm the appropriate use of accepted thresholds of significance considering the Center for Biological Diversity v. California Department of Fish and Wildlife (Newhall Ranch), and Golden Door Properties, LLC v. County of San Diego/Sierra Club, LLC v. County of San Diego (2018) 27 Cal.App.5th 892. rulings, review that the technical modeling assumptions for construction and operational activities were conducted in accordance with the MDAQMD methodology, include an internal consistency evaluation of the modeling assumptions with the project description and traffic report, and evaluate recommended measures to reduce significant impacts of the project (if needed).

Biological Resources
Biological resources will be considered at the cumulative planning-area wide level and will be based on existing reports and desk analysis of data layers for the potential for protected species and habitat to occur within the planning area.

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Because of the size of the study area and the length of time between biological analysis and ground disturbance project specific biological studies would need to be redone. Therefore, EIR will focus on baseline data that exists today, and define the policies and procedures that must be followed before ground disturbance. Mitigation is likely to take the form of pre-construction surveys, with an emphasis on avoidance of the sensitive species, or off-site mitigation if avoidance is not feasible. Because of the size of the specific plan area, it is likely that the regional biological analysis prepared for the specific plan can be used to support the General Plan EIR. PlaceWorks will incorporate the specific plan, and any other existing biological information into the EIR section.

Cultural Resources
Barstow’s rich history is important to its identify and is a sound foundation for future growth. The EIR will list known historic resources and policies in the plan for adaptive reuse of structures and protection of a culturally important neighborhoods. Similar to biological resources, the EIR will focus on procedures and policies and does not include field analysis for historic resources.

Geotechnical & Paleontological Resources
Relying upon existing information, the EIR will focus on soil types in the planning area that are important for agriculture or that will require special construction techniques. Relying on existing records searches and/or studies, the paleontological analysis will also focus on procedures for pre-ground disturbance evaluation and subsequent requirements as construction progresses. As with biological resources, the specific plan technical analysis will report on the regional potential for paleontological resources. This information will be reviewed and included in the general plan EIR.

Hazardous Materials
The EIR will evaluate the movement of hazardous materials through the City as well as lands on the “Cortese List” used to document properties with known hazardous materials on them. The EIR will explain the policies and procedures used by the City to address hazardous materials in an emergency as well as the regulation and inspection of land uses that will use significant amounts of hazardous materials. The specific plan will likely include procedures for the transport of hazardous materials that will be reviewed by PlaceWorks and applied citywide as appropriate for the materials involved.

Hydrology – Supported by Fuscoe Engineering
The hydrology section of the EIR will be supported by Fuscoe Engineering and will consider the increase of impervious surfaces that can lead to stormwater runoff and erosion. The EIR will include a description of the development review process and City of Barstow procedures for addressing flooding and erosion.

Noise & Vibration
PlaceWorks will prepare the noise and vibration technical analyses to support the General Plan Update. Noise will evaluate both stationary and mobile sources and will draw from the policies in the noise element and the City’s municipal code to explain the City’s approach to noise. The EIR will include a description of standard mitigation measures often used to address construction and operational noise. As appropriate, such as in the case of a large rail project being proposed, information will be included to address additional noise and vibration emanating from such sources. The noise analysis also will include a field study and development of updated traffic noise contours. The results of this analysis will be summarized in the EIR and modeling will be provided in an Appendix.

VMT – Mobility tech analysis covered by F&P
Using information from the circulation element, this chapter of the EIR will focus on the reduction of VMT within the planning area. Working with Fehr and Peers the EIR will evaluate the effectiveness of the land use plan in reducing VMT. The EIR will also discuss regional transportation constriction points and attempt to establish thresholds of significance based on the ability of the regional roadway network to additional traffic without significant expansion in capacity.

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Tribal Cultural Resources
PlaceWorks will work with the City to consult with affected Tribes and include appropriate policy to help guide future development. This section of the EIR will also document the AB-52 and SB-18 process.

Water Supply
While a General Plan Update does not mandate a formal water supply assessment, it will be essential to the analysis to demonstrate that there is (or will be) sufficient water to accommodate planned growth. PlaceWorks will coordinate with the water purveyor and City staff to document water supply and system capacity needs as part of the update process.

Wildfire
This section of the EIR will report on the safety element consideration of wildfire, local and regional plans, as well as exposure of the City to other natural hazards.

Alternatives
The CEQA process requires consideration of project alternatives designed to lessen or eliminate significant impacts reported in the EIR. Only the No-Project alternative required however a reasonable range of alternatives will be based on the EIR analysis. PlaceWorks will evaluate up to three project alternatives against the ability of the alternative to reduce environmental impacts and meet most of the project objectives. The alternatives will be evaluated qualitatively and will lag behind the other EIR chapters in preparation.

Other CEQA
This section of the EIR concludes the CEQA requirements and summarizes impacts found not to be significant, irreversible use of resources and information that is important to the project but that may not fit into the formal analysis.

Task 5.3 First Administrative Draft EIR
PlaceWorks will prepare the first Administrative Draft EIR for review by the City following the CEQA Guidelines and will cover all 20 environmental topical areas. We envision the EIR as a programmatic document that will rely on the policies of the General Plan to address potential environmental impacts. Because we want the City to be able to use the streamlining provisions of Section 15183 of the guidelines, the EIR will also reference ordinances, policies, and standard conditions of approval used by the City to address impacts. The Program EIR will be clearly written and avoid the use of technical jargon so that the document is easily understood. The analysis of issues will be thorough yet concise. The conclusions of the EIR must be based on substantial evidence. Our scope includes technical studies and research in Task 6. Technical Studies.

PlaceWorks will provide the first administrative draft EIR in Word and PDF format to allow for efficient review and comment by staff. Our scope assumes that all commenters will use of track changes and comments in body of the files. We have included staff time for a meeting to reconcile any conflicting comments.

Task 5.4 Second Administrative Draft EIR
Upon receipt of comments from the reviewing team, PlaceWorks will prepare a second administrative draft EIR. This version will include changes made in response to review comments or an explanation of why the change was not made so that we can discuss as a team. The second administrative draft will also include all graphics and support documents (appendices).

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Task 5.5 Public Review Draft EIR
PlaceWorks will edit the second Draft EIR based on comments provided by the City providing a public review draft EIR for final review prior to duplication and distribution. The public review draft EIR will include the screencheck draft General Plan as an appendix, and all the technical analysis used in preparation of the EIR. Following a fatal-flaw review by the City, PlaceWorks will prepare the document for the public review process by drafting the public notice of availability (NOA) and notice of completion. PlaceWorks will distribute the public review draft EIR to the distribution list for the NOP, and as may be amended during the update process. Distribution can be by electronic means and/or a link to the City’s website to download the document. This scope assumes that the City will distribute the NOA to organizations in the City, publish in newspapers, and transmit notices to the County Clerk for posting. PlaceWorks will assist with uploading the documents to the OPR website as required.

Task 5.6 Final EIR and Response to Comments
Following receipt of all comments on the Draft EIR, written responses will be prepared for each comment. A Response to Comments section will be created for the Final EIR and will contain an introduction describing the public review process for the Draft EIR, copies of all comment letters, and written responses to all comments. Responses will focus on comments that address the adequacy of the Draft EIR. Comments that do not address EIR adequacy will be noted as such, and no further response will be provided unless deemed necessary by the City. Responses will be prepared by PlaceWorks with input from our technical specialists, as needed. The Final EIR will also contain revisions to the Draft EIR necessary to respond to comments and/or correct inaccuracies identified after release of the EIR as a public draft. PlaceWorks will make one additional round of edits to the draft response to comments and Draft EIR based on City staff comments. PlaceWorks will ensure that the Final EIR is distributed to commenters on the Draft EIR at least 10 days prior to certifying the EIR (CEQA Guidelines Section 15088).

Task 5.7 Statement of Overriding Considerations/Findings of Fact (SOC/FOF) PlaceWorks will prepare findings and facts in support of the environmental analysis, describing each of the significant impacts identified by the EIR and the determination of whether those impacts would be reduced to below a level of significance by proposed mitigation measures. Additionally, CEQA requires that when an agency approves a project that will have significant adverse environmental effects that are unavoidable, it must make a statement of its views on the ultimate balancing of the merits of approving the project despite the environmental consequences. PlaceWorks will coordinate with the City to draft the statement of overriding considerations for any unavoidable significant impacts that may be identified by the Final EIR.

PlaceWorks will prepare the Mitigation Monitoring and Reporting Program (MMRP) pursuant to Section 21081.6 of the Public Resources Code. It will be presented in standard City format and will identify the significant impacts that would result from the proposed General Plan, proposed mitigation measures for each impact, the times at which the measures will need to be conducted, the entity responsible for implementing the mitigation measure, and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success.

PlaceWorks will draft the Notice of Determination (NOD) to accompany the consideration of the General Plan and EIR by the City. The City will be responsible for filing the NOD with the San Bernardino County Clerk and PlaceWorks will file the NOD with the State Clearinghouse.

Task 5 Deliverables
» Draft and final Environmental Impact Reports (2 drafts, 1 final) » Notice of Preparation (including project description) for distribution » Scoping Meeting participation
» SB18 / AB52 notification letters
» Mitigation Monitoring and Reporting Program
» Notice of Determination

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Packet Pg. 390 Attachment: Exhibits A & B Final_Barstow GP Update Proposal_10122022 (5157 : General Plan Update Contract) Barstow General Plan Update & EIR Scope of Work
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TASK 6. TECHNICAL STUDIES
Task 6.1 Circulation and Mobility (Fehr & Peers)
Due Diligence and Assessment. Fehr & Peers’ initial work related to the General Plan will include a review of relevant documents including the current General Plan, recent CEQA documents, regional planning documents (such as the RTP, SBCTA Non-Motorized Plan, Active Transportation Plans, Safety Studies, City Traffic Impact Study Guidelines related to SB 743 and VMT, etc.), local transit/bicycle plans, and any other planning documents that would provide additional information.

Policy Document. In coordination with City staff and PlaceWorks, Fehr & Peers will develop an initial set of transportation policy updates for the Circulation Element, such as level of service; roadway design; bicycle, pedestrian, and transit systems; truck routes; travel demand management; and alternative vehicle systems.

Prepare and Finalize General Plan Update.

VMT Forecasting
Fehr & Peers will utilize the San Bernardino County Transportation Analysis Model (SBTAM) to develop traffic forecasts for this effort. This traffic model will be employed for VMT forecasts based on City and OPR guidance, including OriginDestination (OD) and Production-Attraction (PA) VMT analysis approaches for project-level assessment and the Boundary Method to measure the project’s effect on VMT. It is anticipated that these VMT forecasts (calculated using the RTAC Method) will be employed for any Greenhouse Gas Emissions analysis that the environmental consultant will perform.

Traffic Volume Forecasting & LOS Analysis
Link-level average daily traffic and intersection turning movement forecasts will be performed at up to 100 locations to assist in testing the proposed circulation element roadway network against the proposed land use plan (with new counts collected for up to 20 of these locations). Policies will be recommended for locations that do not meet determined LOS standards, which could range from infrastructure improvements or policies allowing lower LOS.

Land use and roadway network data will be updated consistent with the proposed General Plan Land Use Element and Circulation Element. However, please note that we have not budgeted time to calibrate ITAM nor have we budgeted time to develop a new calibrated model for this effort; rather, we propose to utilize the best tool available to develop forecasts for this effort.

Reserve Capacity Analysis
Fehr & Peers will develop a reserve capacity analysis to understand remaining capacity and thresholds at up to five key areas of the City, which will enable the City to better understand the implications of future projects that are not currently envisioned by the General Plan update.

Emergency Evacuation Assessment
State law (AB 747) requires Barstow to evaluate the performance of their roadway system in the event of emergencies/disasters upon the next update of the City’s hazard mitigation plan (HMP). While the Barstow HMP was last updated in 2019 and will not necessarily require updating for a number of years (and thus not trigger the threshold of AB 747), an analysis of the City’s roadway system during emergencies can be helpful when conducting a comprehensive update to the City’s general plan (especially if significant changes in land use and/or circulation are conceivable).

This scope of services assumes the analysis of up to two emergency evacuation scenarios in the City of Barstow. These scenarios will be scoped with the City (especially staff from Fire, Police, Building & Safety, Planning, and Community Service). It is assumed that SBTAM will be utilized for trip generation and capacity assessment. The analysis will identify the time required to evacuate specific areas of the City. This will be dependent on the details of the analysis (e.g., the type, location, time of day, and severity of the event) and the level of specificity of the analysis (e.g., planning level capacity assessment or detailed simulation of the event).

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Documentation
Fehr & Peers will summarize each of the analysis metrics identified above into separate memorandums for review and comment by City. We will respond to one round of consolidated comments from the City and submit final versions of each memorandum.

Meetings
Fehr & Peers has budgeted for up to 12 public meetings with staff, boards, commissions and/or decision makers.

Environmental Review & Documentation. Fehr & Peers will document the Existing Conditions analysis and Future Conditions analysis in a technical Traffic Study for use by the General Plan EIR. Elements of the assessment will include:
» Identification of any conflicts with plans establishing performance measures for various modes of travel » Evaluation of any changes in air travel patterns
» Review of hazards due to design features
» Determination of adequate emergency vehicle access
» Identification of any conflicts with adopted plans or policies regarding alternative travel modes » Identification of potential VMT impacts
Once the impacts are identified, Fehr & Peers will identify potential mitigations. Given the “newness” of SB 743, we will likely be identifying a significant and unavoidable impact related to VMT impacts to provide the City with maximum defensibility of its CEQA document and allow future projects to tier from the findings of this document.

Fehr & Peers will summarize the results of analyses above in a technical Transportation Report, which will be provided to the Project Team for review. This initial Report will be sent to Environmental Consultant for their initial review and updated in response to any internal comments received. The report will then be revised to provide a Draft Report to the City for their review. The report will be updated after receipt of one additional round of consolidated comments from the City, with the intent to support PlaceWorks in their preparation of the Traffic section of the EIR. Fehr & Peers has budgeted up to 40 hours of staff time to update the draft documents based on comments received and respond to comments received on the DEIR.

Our scope of services anticipates that only an Existing Conditions, Cumulative No Project and Cumulative Plus Project Condition will be needed to assess the impacts of the project. The following transportation metrics will be provided in order to support other sections of the EIR.

As part of this Task, Fehr & Peers had budgeted for attendance at up to two public meetings, which could include Planning Commission meetings, City Council meetings, or other project team meetings.

Air Quality and Greenhouse Gas Emissions Transportation Data VMT for Existing, General Plan Horizon Year, and Current General Plan conditions will be provided in I-X, X-I, I-I format in accordance with the Regional Targets Advisory Committee (RTAC) methodology.

Noise Transportation Data
The following data will be provided in a GIS Centerline file with traffic model volumes from the model runs discussed earlier:
» ADT traffic volumes for all major arterials and freeways in the study area will be provided for Existing, Existing with Project, Future Baseline, and Future Baseline with Project conditions » Fleet mix (auto, medium-duty, heavy-duty) on the segments for existing and future time frames » Speed limits on the segments for existing and future time frames » Daytime/Evening/Nighttime percentage splits on the segments for existing and future time frames Project Management and Administration. Fehr & Peers has budgeted for operational and coordination activities as necessary to ensure overall project remains on schedule and within budget. Project Management and Administration

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activities include but are not limited to task start-up, project/task timeline, project budget and milestone/schedule tracking with agreed-upon scope or task adjustments (as necessary), status updates, and ongoing coordination with the Consultant team(s) and City project manager.

Task 6.2 Infrastructure (Fuscoe Engineering)
Existing Infrastructure Analysis. Fuscoe Engineering will review of existing master planning documentation for storm drain, sewer and water infrastructure and prepare an existing conditions report. Includes coordination with multiple agencies serving the City (e.g., Golden State Water Agency, Odessa/City). The report will include a summary of any existing deficiencies of these systems and capacity of water and sewer distribution and treatment systems.

Land Use Alternatives Analysis. In coordination with City staff and PlaceWorks, Fuscoe will evaluate up to two land use plans and the varying impacts on infrastructure master planning, strategic regional infrastructure projects, and citywide water conservation planning. For each land use alternative, calculate average daily water and sewer demands using locally accepted generation factors to quantify the demands based on the various land uses. Also assess changes in imperviousness associated with alternatives to determine any drainage impacts. Evaluate potential impacts to existing and future planned infrastructure improvements and prepare a matrix identifying the differences in the land use alternatives on impacts to the wet infrastructure systems including identification of required improvements. All land use alternatives will also include the build out of the current General Plan for comparison purposes. The matrix will be utilized to assist with the selection of the final preferred land uses incorporated into the General Plan Update.

Internal Water Supply Analysis. As Urban Water Management Plans (UWMP) have different population and land use projections as compared to City planning efforts, which may result in discrepancies between the two documents regarding buildout and water demands, this task will assess concerns in terms of summarizing water supply within the EIR technical documentation. Based on an evaluation of the assumptions and results from the 2020 UWMP, FEI will compare UWMP projections to projections associated with the GPU buildout. Suggestions for differentiating between infrastructure water capacity calculations versus water demand calculations related to overall local and regional water supply will be presented. The analysis will consider two separate water demand calculations: infrastructure water demand and water supply/demand projections.

Proposed Conditions CEQA EIR Technical Report. Fuscoe will prepare a CEQA impact assessment for infrastructure systems (storm drain, sewer, and water) as well as water quality and water supply that covers the City SOI and summarize findings in a report. The report shall include a summary of the relevant sections from the existing conditions report, proposed conditions analysis and Appendix G thresholds analysis for infrastructure including water, sewer, drainage, water quality and water supply.

Project Coordination and Meetings. As requested, participate in team meetings, meetings with City staff and other infrastructure agencies. Assumes 8 in person meetings (in San Bernardino) and 8 virtual meetings. Respond to screen check EIR comments and public comments as directed by PlaceWorks.

Task 6 Deliverables
» Existing conditions reports (1 from Fehr & Peers, 1 from Fuscoe) » Draft Circulation policies (Fehr & Peers)
» Traffic Study (Fehr & Peers)
» Transportation Study (Fehr & Peers)
» Land Use and Infrastructure Matrix (Fuscoe)
» Internal water demand calculations table (Fuscoe)
» CEQA Impact Assessment Infrastructure Technical Report (Fuscoe)

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TASK 7. PUBLIC HEARINGS FOR ADOPTION
Task 7.1 Public Hearings
Formal hearings with the Planning Commission and City Council must be held to adopt the elements and adopt or certify the CEQA document. PlaceWorks will participate in public hearings with the Planning Commission and City Council. We will work with City staff to develop content for their staff reports and prepare PowerPoint presentations.

At the hearings, we will be available for presentations and responding to comments received. This task includes preparation for the hearings (PowerPoint shows, presentation boards, etc.) and attendance by up to two staff members from PlaceWorks.

Task 7 Deliverables
» Attendance and preparation for up to 2 Planning Commission meetings » Attendance and preparation for up to 2 City Council meetings TASK 8. PROJECT MANAGEMENT
Task 8.1 General Plan Project Management
Daily Project Management. PlaceWorks will serve as the primary consultant and point of contact responsible for coordination with the City, other agencies, and consultants (subconsultants or other consultants hired by the City).

Mark Teague will serve as Principal-in-Charge (PIC) and overall visionary leader, with Colin Drukker and Cory Witter serving as the day-to-day Project Managers (with redundancy at the project manager position to ensure the project proceeds quickly). Mark, Colin, and Cory will also serve as the points of contact for all communication with the City.

PlaceWorks will coordinate with the City and other consultants to leverage web-based tools (e.g., Zoom, ShareFile, OneDrive, Teams) to enhance coordination and communication. This task also includes internal meetings and coordination among PlaceWorks staff and with other consultants.

Meetings with City Staff. PlaceWorks will participate in virtual and in-person meetings with City staff to coordinate work tasks and deliverable products among our team members and other consultants, review project progress, schedule future tasks, and discuss and identify solutions for any issues impacting the successful performance of the work program. PlaceWorks has also included time and budget for key staff members to attend in-person meetings and conduct periodic conference calls on an as-needed basis throughout the project timeline.

Project Schedule. PlaceWorks will maintain a schedule that is updated as needed and identifies the status of each task and deliverable, past and upcoming meeting dates, and key milestones for the duration of the project. PlaceWorks can provide the schedule in a format best suited to the City’s need throughout the project, whether it be to communicate a simplified schedule to the public or to dive into day-to-day detail with City staff and other consultants.

Administrative Record. PlaceWorks will assist the City in establishing an Administrative Record (AR) that consists of evidence considered, either directly or indirectly (through our consultant team), in making decisions on the General Plan update (both the policy component and EIR). The AR memorializes administrative proceedings providing evidence of an agency’s compliance with CEQA. PlaceWorks will also coordinate with the City to establish a dedicated email for General Plan correspondence to facilitate documentation of communications and evidence used to make decisions.

Task 8 Deliverables
» Up to 18 meetings with City staff
» Project schedule, updated as necessary
» Administrative record for EIR and General Plan

REIMBURSABLES
A reimbursables budget is allocated to cover costs such as printing, reproduction, and travel that are associated with the execution of various tasks. This budget does not include fees to be submitted by the City as part of the EIR.

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Packet Pg. 394 Attachment: Exhibits A & B Final_Barstow GP Update Proposal_10122022 (5157 : General Plan Update Contract) Regular Meeting
10/17/22 05:30 PM
City Manager Department
Willie A Hopkins
Other
Doc ID: 5158

AGENDA ITEM
AGENDA MATTER:

DISCUSSION OF AD HOC COMMITTEES
EXECUTIVE SUMMARY:

On January 16, 2007, the Council adopted Resolution 4330-2007 establishing the Street Ad Hoc Committee and Resolution 4331-2007 establishing the Rules and Policies Committee. Both committees had a sunset date of December 31, 2008. On September 19, 2011, the Council adopted Resolution 4336- 2011 establishing the Wastewater Enterprise Fund Ad Hoc Committee that sunset on December 31, 2012. Until recently, all three of these committees were meeting regularly despite having sunset. The Council is asked to evaluate if there is a need or desire to reinstate these committees.

DISCUSSION:

See Executive Summary.

FISCAL IMPACT:

None. Discussion only.

RECOMMENDED ACTION:

Staff recommends that the Council evaluate reinstating any ad hoc committees that have sunset after the November 8, 2022 election in order to give the new Council the opportunity to goal set and provide direction.
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Packet Pg. 406 Attachment: RESO 4636-2011 ESTABLISHING WASTEWATER COMMITTEE (5158 : Discussion of Ad Hoc Committees) Regular Meeting
10/17/22 05:30 PM
City Manager Department
Willie A Hopkins
Resolution
Doc ID: 5149

AGENDA ITEM
AGENDA MATTER:

AMENDMENT TO THE CITY COUNCIL RULES FOR THE CONDUCT OF ITS MEETING PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTION 4647-2011 EXECUTIVE SUMMARY:

The City Council is asked to consider changing the Order of Business for regular, adjourned or special meetings as outlined in Section II of the proposed resolution.

DISCUSSION:

At the June 20, 2022 meeting, the City Council was asked to consider changing the Order of Business for regular, adjourned or special meetings as outlined in Section II of the proposed resolution. The Council tabled the item and directed that it be reviewed by the Rules and Policies Committee. The Rules and Policies Committee reviewed the item on September 27, 2022 and it was the consensus to consider changing the Order of Business as outlined in Section II of the proposed resolution. The proposed changes also align with how the agenda is currently presented as the Order of Business outlined in Resolution 4647-2011 is outdated. The City Council is being asked to adopt Resolution ____-2022 which updates the City Council's Order of Business.

FISCAL IMPACT:

None
RECOMMENDED ACTION:

Adopt Resolution No. _____-2022, amending the City Council rules for the conduct of its meeting proceedings and business, repealing Resolution 4647-2011; and waive the full reading. 16 Packet Pg. 407

RESOLUTION NO. ____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW ADOPTING

AND ESTABLISHING RULES FOR THE CONDUCT OF ITS MEETINGS, PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTION NO. 4647-2011 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

SECTION 1. The Council of the City of Barstow does hereby adopt and establish the following rules for the conduct of its meetings, proceedings, and business:

I.

MEETINGS
A. Regular Meetings. Regular meetings of the Council shall be held, without notice, on the first and third Monday of each month. The meeting shall commence at 7:00 p.m. in the Council Chambers in the City Hall of the City of Barstow located at 220 East Mountain View, Barstow, California, or at such other place as the Council may from time to time prescribe.

B. Consecutive Meetings. The City Council establishes the alternative to hold consecutive or joint meetings with other agencies that the City Council officiates as the Governing Board. Meetings will begin at the regularly scheduled meeting time of the City Council unless the City Council designates a different time when required.

C. Study Session. Study sessions may be called by a majority of the City Council at such times as the Council deems necessary. Study sessions shall be for the purpose of hearing reports from staff or other persons. No official action shall be taken at the study session.

D. Cancellation. Any meeting of the Council may be cancelled in advance by a majority vote of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have confirmed in writing their unavailability to attend a meeting.

E. Adjournment. Meetings shall adjourn at 11:00 p.m. unless a majority vote of the Council to continue past the 11:00 p.m. deadline suspends the rule.

F. Chair. The Mayor shall preside over all Council meetings. In his/her absence, the Mayor Pro-Tem shall serve as presiding officer.

G. Agenda. The Agenda shall be prepared at the direction of the City Manager and approved by the Mayor. A copy of the agenda shall be posted at least 72 hours prior to each regular meeting. In addition, a copy of the agenda with appropriate supporting documentation shall be available at City Hall during normal business hours for public inspection. All items to be placed on the City Council Agenda shall be received by the

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Packet Pg. 408 Attachment: Reso XXXX-2022 Conduct of Meetings (5149 : Amendment to the City Council Rules for the Conduct of Its Meetings)

City Clerk by no later than 12:00 P.M. on Monday prior to the regular Council meeting on the following Monday. Members of the City Council may place items on the agenda with the concurrence of a second council member, subject to the agenda deadlines in this section.

H. Record of Proceedings. All hearings may be taped (or other process) and the minutes of such proceedings will be prepared in a summarized form. All exhibits and staff reports will be permanently maintained. An adequate record of both administrative and legislative hearing shall be prepared in contested matters, if any party makes a written request therefore, to the City Manager, prior to the day set for such hearing. The cost of such record shall be borne by the requesting party, in an amount to be set by the City Clerk; a deposit may be required in advance, in the discretion of the City Manager.

II.

ORDER OF BUSINESS
The order of business for regular, adjourned or special meetings shall be as follows:

1. Closed Session/Report of Closed Session (as necessary)

2. Invocation

3. Call to Order

4. Pledge of Allegiance

5. Roll Call

6. Review and Approval of the Agenda

7. Presentations (if desired)

8. Consent Calendar and Consent Calendar Public Comment

9. Discussion/Action on Deferred Items

10. Public Hearing (as necessary)

11. General, Non-Agenda Public Comment

12. Business of the Council/Council Committee Reports

13. Staff Reports

14. Public Safety Updates

15. City Manager Comments

16. Business/Action Items

17. Adjournment
Items may be placed on the Consent Calendar at the discretion of the City Manager. All items listed on the Consent Calendar are considered to be routine and will be enacted by one roll call vote. There may be separate discussions of these items when a member of the City Council requests that any specific item be removed from the Consent Calendar for separate action or a member of the audience has submitted a request to speak. Any items removed from the Consent Calendar will be considered either at the conclusion of the Consent Calendar or at such time as convenient to the Mayor and Council.

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III.

RULES OF CONDUCT
A. The City Council hereby adopts as its rules of conduct for all City Council meetings, “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century,” (“Rules”) attached hereto and incorporated by reference herein as Exhibit “A”.

B. The attached Rules are modified to the extent that all motions shall be passed by a simple majority vote of the City Council, except where a super-majority vote is required pursuant to State law.

C. Authority of the Chair. Subject to appeal, the chair shall have the authority to prevent the misuse of the legitimate form of motions, or the abuse of privilege of renewing certain motions, to obstruct the business of the Council by ruling such motions out of order. In so ruling, the chair shall be courteous and fair and should presume that the moving party is making the motion in good faith.

D. Public Hearings. Matters which are required to be heard at a noticed public hearing shall be conducted in the following manner:

1. Time for Consideration. Matters noticed to be heard by the Council shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.

2. Continuance of Hearings. Any hearing being held or noticed or ordered to be held by the Council at any meeting of the Council may, by order or notice of continuance, be continued or continued again to any subsequent meeting in the manner provided herein for adjourned meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or notice of continuance was adopted or made.

3. Public Discussion at Hearings. When a matter for public hearing comes before the Council, the Mayor shall open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Mayor shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak or present evidence shall make his/her presence known to the Mayor and upon evidence relevant to the matter being heard. No person may speak without first being recognized by the Mayor. Members of the Council who wish to ask questions of the speakers or each other, during the public hearing portion may do so but only after first being recognized by the Mayor. The Mayor shall conduct the meeting in such a manner as to afford due process.

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Packet Pg. 410 Attachment: Reso XXXX-2022 Conduct of Meetings (5149 : Amendment to the City Council Rules for the Conduct of Its Meetings)

All persons interested in the matter being heard by Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the Clerk’s record.

Time limits may be established by the Council, limiting the duration of presentations as set forth in these rules. No person shall be permitted during the hearing, to speak about matters or present evidence which are not germane to the matter being considered. A determination of relevance shall be made by the Mayor, but may be appealed as set forth in these rules.

4. Consideration of Question by Council. After all members of the public desiring to speak upon the subject of the hearing have been given an opportunity to do so, the public hearing shall be closed by the Mayor and Council may consider what disposition they wish to make of the question or questions presented at the hearing. No member of the public shall be allowed to speak further on the questions during this period of deliberation, unless the majority of the Council vote to re-open the public hearing. Council members may also ask questions of the speakers, if so desired. At the conclusion of the Council discussion, and appropriate motion having been made and seconded, the Council shall vote on the matter.

E. Chair. The Mayor shall preside over all Council meetings. In his/her absence the Mayor pro tem shall serve as presiding officer. The Mayor may change the order of business or order for consideration of any item if convenient for the efficient conduct of the meeting.

F. Attendance by the public. Except as specifically provided by law for closed session, all meetings of the Council shall be open and public. All persons desiring to attend shall be permitted to attend any meeting. In the event any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by removal of the offending individual or individuals, the Council may order the meeting room cleared and continue in session.

Representatives of the press, unless participating in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Council from readmitting individuals not responsible for the disturbance.

G. Public Participation. Any person may speak on any item pertaining to municipal affairs during the public comment period of the meeting. The Mayor shall also permit any person to address the City Council during each agenda item. Each member of the public wishing to address the City Council shall submit a “Request to Speak” form to the City Clerk. Persons addressing the City Council shall state their name and direct their comments to the Mayor and not to staff, the news representatives or the audience.

SECTION 2. Resolution No. 4641-2011 is hereby repealed in its entirety.

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PASSED, APPROVED AND ADOPTED this 17th day of, October, 2022. ________________________________
Paul Anthony Courtney, Dr.,B.A.

Mayor
ATTEST:
________________________________
Andrea Flores
City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex officio Clerk of the City Council of the City of Barstow, DO HEREBY CERTIFY under penalty of perjury that the foregoing is a true and correct copy of Resolution No. XXXX-2022 of said City which was adopted at a regular meeting of said Council held on the 17th day of October, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________________
Andrea Flores
City Clerk

16.a
Packet Pg. 412 Attachment: Reso XXXX-2022 Conduct of Meetings (5149 : Amendment to the City Council Rules for the Conduct of Its Meetings)