CITY OF BISHOP
City Council Meeting Minutes
MONDAY, MAY 23, 2022
6:00
P.M.
1. CALL TO ORDER
Mayor Schwartz called the meeting of the Bishop City Council to order at 6:05 p.m. in the City Council Chambers, 301 West Line Street, Bishop, California.
2. INVOCATION
The invocation was given by Pastor Craig Fitzer of the Church on Main.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Muchovej.
4. ROLL CALL
PRESENT:
Councilmember Kong, Councilmember Garcia, Councilmember Muchovej, Mayor Pro Tem Ellis, and Mayor Schwartz ABSENT:
None.
ALSO PRESENT:
Deston Dishion, City Administrator and Public Works Director Robin Picken, City Clerk
Russell Hildebrand, Deputy City Attorney
Jenny Rodricks, Assistant Finance Director
Joe Dell, Fire Chief
Richard Standridge, Police Chief
Elaine Kabala, Associate Planner/Economic Development Coordinator Dan McElroy, Community Services Manager
5. PUBLIC COMMENT – NOTICE TO THE PUBLIC: This time is set aside to receive public comment on matters not calendared on the agenda. When recognized by the Mayor, please state your name and address for the record and please limit your comments to three minutes. Under California law the City Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the City Council may briefly respond to comments or questions from members of the public. Therefore, the City Council will listen to all public comment but will not generally discuss the matter or take action on it.
Public comments were made by:
Meghan Fuchs, a resident of Bishop, made comments related to sidewalk safety and requested that the City provide funding for sidewalk improvements.
Craig Fitzer, Pastor of Church on Main, read a statement on behalf of ten local churches that make up the Bishop Ministerial Association that spoke against Council's support for the upcoming PRIDE event on June 4, 2022.
Rick Klug, Pastor of Calvary Baptist Church, concurred with Pastor Fitzer's statement and spoke against Council's support for the upcoming PRIDE event on June 4, 2022.
No further public comments were made.
6. DEPARTMENT REPORTS The following department reports have been submitted for Council review by:
A.
Fire Chief Joe Dell
Item 6A
B.
Police Chief Richard Standridge
Item 6B
C.
Community Services Manager Dan McElroy
Item 6C
D.
Associate Planner/Economic Development Coordinator Elaine Kabala Item 6D
E.
City Administrator and Public Works Director Deston Dishion Item 6E
Written department reports were received. No comments were made by Council.
7. CONSENT CALENDAR – NOTICE TO THE PUBLIC: All matters under the Consent Calendar are considered routine by the City and will be acted on by one motion.
A.
FOR APPROVAL/FILING
1. City Council Meeting Minutes – April 25, 2022
Item 7A.1
2. Monthly Budget Reports – April 2022
Item 7A.2
3. Warrant Registers – April 2022
Item 7A.3
4. Combined Cash Report – April 2022
Item 7A.4
5. Bank Reconciliation Report – April 2022
Item 7A.5
6. Investment Portfolio – April 2022
Item 7A.6
7. Approve request for a one-year extension to the IT Services Agreement with Carmichael Business Technology (CBT) effective July 1, 2022 – June 30, 2023 Item 7A.7
B.
FOR INFORMATION/FILING
1. Public Works Building Permits Report – April 2022
Item 7B.1
2. Planning Commission Meeting Cancellation Notice – May 24, 2022 Item 7B.2
No public comments were made.
Motion/Councilmember Muchovej Seconded/Councilmember Garcia Councilmember Muchovej made a motion to approve the Consent Calendar as presented. Motion passed 5-0.
Ayes: Councilmembers Kong, Garcia, Muchovej, Mayor Pro Tem Ellis, and Mayor Schwartz Noes: None
Abstain: None
Absent: None
8. PUBLIC HEARINGS AND ACTION
A.
PUBLIC HEARING AND ADOPTION OF A NEGATIVE DECLARATION FOR THE BISHOP BIKE PARK – Council to hold a public hearing to hear and consider public input on the Bishop Bike Park Negative Declaration and consideration to adopt the negative declaration for the Bishop Bike Park – Community Services.
Item 8A
Community Services Manager McElroy reviewed this item with Council.
Mayor Schwartz opened the public hearing.
Public comments were made by:
Henry Schober and Stephen Poole, Bishop residents and Bishop Union High School Students, spoke in support of this project.
Michele Hartshorn, a Bishop resident, spoke against this project as currently proposed.
Hugh Henderson, a resident of Bishop, spoke against this project.
Tim Pomykata, a resident of Bishop, expressed his concerns about this project attracting nuisance in this area. He received confirmation that no lighting is being designed as part of this project and the park is currently proposed to be open during daylight hours only, unless there is a special event scheduled.
No further public comments were made.
Mayor Schwartz closed the public hearing.
Council then discussed this item.
Matt Schober, a resident of Bishop, along with Henry Schober and Stephen Poole addressed all of Council's questions and concerns.
Michele Hartshorn made additional comments that she is not entirely against this project, but asked for Council's consideration to address the potential nuisance issues expressed.
Moved by: Councilmember Garcia, seconded by Councilmember Muchovej to approve and adopt the negative declaration for the Bishop Bike Park.
AYES:
Councilmember Kong, Councilmember Garcia, Councilmember Muchovej, Mayor Pro Tem Ellis, Mayor Schwartz NOES:
None
ABSENTS:
None
ABSTAINS:
None
RECUSALS:
None
SUMMARY:
5 Yeas; 0 Nays; 0 Abstains; 0 Absent.
Motion passed 5-0.
B.
PUBLIC HEARING AND ADOPTION OF A PROPOSED RESOLUTION APPROVING A TAXI FRANCHISE APPLICATION PURSUANT TO CHAPTER 5.28 OF THE BISHOP MUNICIPAL CODE – Council to hold a public hearing to hear and consider public input on adopting a resolution granting Mammoth Taxi, LLC a franchise to provide taxi service within the City and authorize the City Administrator to execute the franchise agreement on behalf of the City – Public Works.
Item 8B
City Administrator Dishion reviewed this item with Council.
Mayor Schwartz opened the public hearing.
No public comments were made.
Mayor Schwartz closed the public hearing.
Council discussed this item with City staff.
Moved by: Mayor Pro Tem Ellis, seconded by Councilmember Kong to approve the adoption of a resolution by title only granting Mammoth Taxi, LLC a franchise to provide taxi service within the City and authorize the City Administrator to execute the franchise agreement on behalf of the City.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BISHOP, STATE OF CALIFORNIA, APPROVING A TAXI FRANCHISE PURSUANT TO CHAPTER 5.28 OF THE BISHOP MUNICIPAL CODE.
AYES:
Councilmember Kong, Councilmember Garcia, Councilmember Muchovej, Mayor Pro Tem Ellis, Mayor Schwartz NOES:
None
ABSENTS:
None
ABSTAINS:
None
RECUSALS:
None
SUMMARY:
5 Yeas; 0 Nays; 0 Abstains; 0 Absent.
Motion passed 5-0.
9. NEW BUSINESS
A.
PLANNING COMMISSION – Council consideration to reappoint Harivanden P. Bhakta to the Planning Commission with a term ending July 10, 2026 – Administration.
Item 9A
City Clerk Picken reviewed this item with Council and introduced current Planning Commission Vice Chair Harivanden "Harry" Bhakta and Planning Commission Chair Patricia Lew to join the meeting via video conference.
Planning Commission Chair Lew spoke in support of reappointing Planning Commissioner Bhakta.
No public comments were made.
Moved by: Councilmember Muchovej, seconded by Councilmember Garcia to approve the reappointment of Harry Bhakta to the Planning Commission with a term ending July 10, 2026.
AYES:
Councilmember Kong, Councilmember Garcia, Councilmember Muchovej, Mayor Pro Tem Ellis, Mayor Schwartz NOES:
None
ABSENTS:
None
ABSTAINS:
None
RECUSALS:
None
SUMMARY:
5 Yeas; 0 Nays; 0 Abstains; 0 Absent.
Motion passed 5-0.
Planning Commissioner Bhakta thanked Council for their action taken, and for their support.
B.
GENERAL MUNICIPAL ELECTION – Council consideration to adopt resolutions relating to the General Municipal Election to be consolidated with the Statewide General Election scheduled on Tuesday, November 8, 2022 - Administration.
Item 9B
City Clerk Picken reviewed this item with Council. No public comments were made for any of the three proposed resolutions.
1. A proposed resolution calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022 for the purpose of electing two Members of the City Council for the full term of four years.
Motion/Councilmember Kong Seconded/Mayor Pro Tem Schwartz Councilmember Kong made a motion to adopt the proposed resolution by title only with the addition of sentence one (1) ("in accordance with Election Code § 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.") to complete Section 7 of the proposed resolution. Motion passed 4-1.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BISHOP, STATE OF CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
Ayes: Councilmembers Kong, Garcia, Mayor Pro Tem Ellis, and Mayor Schwartz Noes: Councilmember Muchovej
Abstain: None
Absent: None
2. A proposed resolution requesting the Board of Supervisors of the County of Inyo to consolidate a General Municipal Election to be held on November 8, 2022 with the Statewide General Election.
Motion/Councilmember Muchovej Seconded/Mayor Pro Tem Ellis Councilmember Muchovej made a motion to adopt the proposed resolution by title only. Motion passed 5-0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BISHOP, STATE OF CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF INYO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE.
Ayes: Councilmembers Kong, Garcia, Muchovej, Mayor Pro Tem Ellis, and Mayor Schwartz Noes: None
Abstain: None
Absent: None
3. A proposed resolution adopting regulations for candidates for elective office pertaining to candidates’ statements submitted to the voters at the November 8, 2022 Election.
Motion/Councilmember Garcia Seconded/Councilmember Muchovej Councilmember Garcia made a motion to adopt the proposed resolution by title only. Motion passed 5-0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BISHOP, STATE OF CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022.
Ayes: Councilmembers Kong, Garcia, Muchovej, Mayor Pro Tem Ellis, and Mayor Schwartz Noes: None
Abstain: None
Absent: None
C.
A PROPOSED RESOLUTION AMENDING THE GENERAL PLAN - Council consideration to approve the proposed resolution amending the General Plan to add the 2021-2029 Housing Element, superseding and replacing the existing Housing Element - Planning.
Item 9C
Associate Planner and Economic Development Coordinator Kabala reviewed this item with Council.
Public comments were made by:
Jeff Griffiths, Inyo County Second District Supervisor, spoke in support of the proposed resolution and wanted to state for the record that the California Department of Housing and Community Development (HCD) is the worst agency in California for planning departments to work with.
No further public comments were made.
Motion/Councilmember Muchovej Seconded/Councilmember Kong Councilmember Muchovej made a motion to adopt a Resolution of the City Council of the City of Bishop Amending the General Plan to Add the 2021-2029 Housing Element, Superseding and Replacing the Existing Housing Element by title only. Motion passed 5-0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BISHOP, STATE OF CALIFORNIA, AMENDING THE GENERAL PLAN TO ADD THE 6 th
CYCLE HOUSING ELEMENT, SUPERSEDING AND REPLACING THE EXISTING HOUSING ELEMENT Ayes: Councilmembers Kong, Garcia, Muchovej, Mayor Pro Tem Ellis, and Mayor Schwartz Noes: None
Abstain: None
Absent: None
Associate Planner and Economic Development Coordinator Kabala thanked Council and thanked consultant Sandra Bauer for going above and beyond to help us on this project.
D.
A PROPOSED RESOLUTION AMENDING THE FISCAL YEAR 2022-2023 BUDGET TO INCORPORATE A LIST OF PROJECTS FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT – Council consideration to approve the proposed resolution amending the Fiscal Year 2022-2023 Budget to incorporate a list of projects funded by SB-1: The Road Maintenance and Rehabilitation Act - Public Works.
Item 9D - updated Attachment A
City Administrator Dishion reviewed this item with Council and made mention of the change to Attachment A handed out to Council under Sidewalk Safety costs from $76,000 to $89,000. No public comments were made.
Motion/Councilmember Garcia Seconded/Councilmember Muchovej Councilmember Garcia made a motion to approve by title only the resolution adopting the list of projects funded by SB-1: The Road Maintenance and Rehabilitation Act. Motion passed 5-0.
RESOLUTION TO ADOPT A LIST OF PROJECTS FUNDED BY
SB 1: The Road Maintenance and Accountability Act FY 2022-23 City of Bishop
Ayes: Councilmembers Kong, Garcia, Muchovej, Mayor Pro Tem Ellis, and Mayor Schwartz Noes: None
Abstain: None
Absent: None
E.
CITY ATTORNEY RETAINER AGREEMENT – Council consideration to approve Amendment No. 2 to the City’s retainer agreement for City Attorney services with Jones Mayer – Administration.
Item 9E
City Administrator Dishion reviewed this item with Council. No public comments were made.
Motion/Mayor Schwartz Seconded/Mayor Pro Tem Ellis Mayor Schwartz made a motion to approve Amendment No. 2 to the City's retainer agreement for City Attorney Services with Jones & Mayer. Motion passed 5-0.
Ayes: Councilmembers Kong, Garcia, Muchovej, Mayor Pro Tem Ellis, and Mayor Schwartz Noes: None
Abstain: None
Absent: None
F.
FISCAL YEAR 2022-2023 BUDGET – Council consideration to approve and adopt the proposed Fiscal Year 2022-2023 Budget – Administration/Finance.
Item 9F
Assistant Finance Director Rodricks reviewed this item with Council. No public comments were made.
Motion/Mayor Schwartz Seconded/Councilmember Garcia Mayor Schwartz made a motion to adopt the proposed Fiscal Year 2022-2023 City Budget. Motion passed 5-0.
Ayes: Councilmembers Kong, Garcia, Muchovej, Mayor Pro Tem Ellis, and Mayor Schwartz Noes: None
Abstain: None
Absent: None
10. FUTURE AGENDA ITEMS
Councilmember Muchovej requested that at a future meeting he would like to see a report from staff or LADWP on the changes that are being made to residential street lights in the City of Bishop because the lights are now very bright and members of the public have complained that they are too bright. Councilmember Muchovej also requested that at a future meeting he would like to have a discussion on properties that are being purchased and sitting vacant.
Councilmember Kong requested a discussion on staff attendance at future Council meetings.
Mayor Schwartz requested that a proclamation declaring June 2022 as PRIDE month be prepared for their next regularly scheduled meeting.
No further requests were made for future agendas items.
11. COUNCIL AND COMMITTEE REPORTS
Council Members reported on meetings and community events that they attended.
Councilmember Muchovej rebutted the public comments made by Pastor Fitzer, Pastor Klug, and the Bishop Ministerial Association.
Council then discussed adding a future meeting agenda item related to invocations at future City Council meetings.
12. ADJOURNMENT Monday, June 13, 2022 at 6:00 p.m. Regular Meeting in the City Council Chambers.
The Mayor adjourned the meeting at 8:13 p.m. to the City Council Meeting scheduled for Monday, June 13, 2022 at 6:00 p.m. in the City Council Chambers. ______________________________________
Karen Schwartz, Mayor
Attest: ______________________________
Robin Picken, City Clerk