CITY OF BISHOP
CITY COUNCIL MINUTES
AUGUST 28, 2023
1. CALL TO ORDER
Mayor Ellis called the meeting of the Bishop City Council to order at 5:37 p.m. in the City Council Chambers, 301 West Line Street, Bishop, California.
2. ROLL CALL
PRESENT:
Councilmember Schwartz
Councilmember Muchovej
Mayor Pro Tem Garcia
Mayor Ellis
ABSENT:
Councilmember Kong
OTHERS PRESENT:
Deston Dishion, City Administrator
Robin Picken, City Clerk
3. PUBLIC COMMENT – NOTICE TO THE PUBLIC: This time is set aside to receive public comment on matters agendized for closed session only. 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.
No public comments were made.
4. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to
Government Code § 54957 – Title: Public Works Director
Closed Session began at 5:38 p.m. Closed Session ended at 6:07 p.m.
5. OPEN SESSION – 6:00 P.M. Monday, August 28, 2023
Mayor Ellis called the open session of the Bishop City Council to order at 6:08 p.m. in the City Council Chambers, 301 West Line Street, Bishop, California.
6. MOMENT OF SILENCE
August 28, 2023 Page 1
Mayor Ellis announced a moment of silence.
7. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Ellis.
8. ROLL CALL
PRESENT:
Councilmember Schwartz
Councilmember Muchovej
Mayor Pro Tem Garcia
Mayor Ellis
ABSENT:
Councilmember Kong
OTHERS PRESENT:
Deston Dishion, City Administrator
Robin Picken, City Clerk
Ryan R. Jones, Assistant City Attorney
Pat O'Neil, Interim Fire Chief
Nate Derr, Police Chief
Nora Gamino, Public Works Director
Anastasiia Budnyk, Assistant Planner
Dan McElroy, Community Services Manager
9. PLANNING COMMISSION – Council consideration to reappoint Robert Lowthorp to the Planning Commission with a term ending September 11, 2027 – Administration.
Item 9
City Clerk Picken reviewed this item with Council. No public comments were made.
Motion/Mayor Pro Tem Garcia Seconded/Councilmember Schwartz Mayor Pro Tem Garcia made a motion to approve the reappointment of Robert Lowthorp for a four-year term, ending September 11, 2027, on the Planning Commission.
Ayes: Councilmember Schwartz, Councilmember Muchovej, Mayor Pro Tem Garcia, Mayor Ellis
Noes: None
Abstain: None
Absent: Councilmember Kong
Motion passed 4-0.
Mayor Ellis announced a ten minute break to enjoy a piece of cake in honor of Robert Lowthorp's 40 years of service on the Planning Commission.
Mayor Ellis reconvened the meeting after a ten minute break.
August 28, 2023 Page 2
10. 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:
Pastor Tim Homan, from Grace Lutheran Church Bishop and a member of the Bishop Ministerial Association, recited a prayer.
Chris Taylor, a Bishop resident and past business owner, spoke on behalf of local restaurant and hospitality owners and their employees on their concern that they may not survive another shut down to their businesses if Governor Newsom decides to place restrictions on them again due to the rise in COVID cases.
Jordan Rose, of the Eastside Student Center, thanked the Council for the 2022-2023 Grant in Support funding they received to renovate and update their facility located at 162 West Line Street and that their final report has been submitted to Assistant Finance Director Aukee available for review. Jordan Rose also handed out a copy to Council for their information.
No further public comments were made.
11. REPORT ON ACTIONS TAKEN IN CLOSED SESSION AS REQUIRED BY LAW
To report on actions taken in Closed Session as required by law, Mayor Ellis announced that there is nothing to report.
12. PRESENTATIONS
A. PRESENTATION - WHITNEY ALLEY DESIGN – Presented by Assistant Planner Ana Budnyk.
Item 12A
Assistant Planner Budnyk presented Council with an overview on the Whitney Alley Project and addressed all of Council's questions related to this project.
Public comments were made by:
Chris Taylor, a Bishop resident and past business owner, spoke on behalf of other business owners opposing a playground be built in place of parking spaces. They support the new downtown vibe, but our businesses need parking and housing.
No further public comments were made.
13. DEPARTMENT REPORTS Updates on department activities will be given by the Department Heads and/or their staff.
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A. Interim Fire Chief Pat O’Neil
Interim Fire Chief O'Neil reported to Council that not too much happened with the recent storm and reported on several fire department calls.
B. Police Chief Nate Derr
Police Chief Derr reported to Council on department projects, park cameras, increase presence at the local schools, the upcoming Labor Day Parade and related road closures, property room remodel, recruitment efforts, parking enforcement and study, transient issues, addressed parking and safety issues, working on starting online social media presence, Project 5 to 9 bicycle registry to assist in stolen bikes, work on a Police Department strategic plan, and addressing large scale retail theft.
C. Public Works Director Nora Gamino
Public Works Director Gamino reported to Council that the City's Supervisory Control and Data Acquisition (SCADA) system is having communication failures at this time and is currently being addressed, they are looking at solutions for drainage issues on Johnson Drive, the Caltrans Bishop Pavement Project has been slightly delayed which gives the City an opportunity to address the water line in West Line Street before new pavement goes down in 2025 for the Caltrans Bishop Pavement Project, and staff is preparing for the Labor Day Parade and assisting the Police Department with road closures.
D. Community Services Manager Dan McElroy
Community Services Manager McElroy reported to Council on preparations for concrete work at the City Park to extend paths to the City Park gazebo, working with the Community Garden group on irrigation plans for the Urban Greening Grant, a vendor will be on location to look at the replacement of the City Park's front playground, programs updates on start of a youth open gym basketball for 3rd to 6th graders, soccer at the park, gymnastics, bike park signage ordered, City Park Pool start blocks, new personnel scheduling software purchased through Administration to help manage staff, and Labor Day Art at the Park starting this Thursday and wrapping up on Monday.
E. Assistant Planner Ana Budnyk
No report was given by Assistant Planner Budnyk.
F. City Administrator Deston Dishion
City Administrator Dishion reported to Council on the current work being done with the County of Inyo on an ambulance contract which should be brought back to Council for consideration by the first meeting in September, the Bishop Fire Department loaned their ambulance to Big Pine Fire Department for about a week since Big Pine has no ambulance at this time, the Bishop Area Chamber of Commerce and Visitor Bureau (BACCVB) submitted a site plan to the City and LADWP for a possible new facility to be place next to Holy Smoke BBQ on Main Street, the Bishop Paiute Tribe Land Acknowledgement Project, and attended meetings with Assistant Planner Budnyk and consultants to look at a parking study for the entire city as well as strategic planning of City owned properties to address our housing needs.
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14. 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 Special Meeting Minutes – July 12, 2023 Item 14A.1
2. City Council Meeting Minutes – July 24, 2023
Item 14A.2
3. Monthly Budget Reports – July 2023
Item 14A.3
4. Warrant Registers – July 2023
Item 14A.4
5. Combined Cash Report – July 2023
Item 14A.5
6. Bank Reconciliation Report – July 2023
Item 14A.6
7. Investment Portfolio – July 2023
Item 14A.7
8. Budget Adjustment Request for Building, Special Department Supplies
Item 14A.8
9. Budget Adjustment Request and Changes to the Part-Time Employees Wage Scale for July 1, 2023-June 30, 2024 for the Police Department Relief Communications Operator
Item 14A.9
10. Expense Account Budget Reallocation for Community Services Item 14A.10
11. Friends of Eastern Sierra Gardens Memorandum of
Understanding
Item 14A.11
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12. Bishop Unified School District Agreement for the Provision of Program Services – After School Programs and Summer
Programs
Item 14A.12
13. Budget Spending Request for Survey Task 4.4 Drafting Topographic Map for $7,410
Item 14A.13
B. FOR INFORMATION/FILING
1. Parks and Recreation Commission Meeting Notice – August 23, 2023
Item 14B.1
No public comments were made.
Motion/Councilmember Muchovej Seconded/Mayor Pro Tem Garcia Councilmember Muchovej made a motion to approve the consent calendar as presented.
Ayes: Councilmembers Schwartz, Muchovej, Mayor Pro Tem Garcia, Mayor Ellis Noes: None
Abstain: None
Absent: Councilmember Kong
Motion passed 4-0.
15. NEW BUSINESS
A. DISCUSSION ON PLACING A MORATORIUM ON SHORT-TERM
RENTALS – Council to discuss placing a moratorium on short-term rentals - Planning.
Item 15A
Public Comments received prior to 2 PM on August 28, 2023 Assistant Planner Budnyk, City Administrator Dishion, and Assistant City Attorney Jones reviewed this item with Council.
Public comments were made by:
Keri Davis advised Council that the City may not see a listing on Airbnb if a person is only listed during the week and pulls it during the weekend if the City is only monitoring during the week and not the weekends.
Jasmine Beaghler, a local resident, spoke to how she has been running her Airbnb short-term rental for five years, has been paying her taxes each quarter, and has not August 28, 2023 Page 6
received any complaints from her neighbors. Jasmine Beaghler spoke to how Airbnb has allowed her to buy her own home while working in Bishop and if the City decides to place a moratorium on Short-Term Rentals, it will be a huge financial strain.
Jasmine Beaghler added the fact that if Airbnb were to go away, there would be no consideration to rent it out since she lives there and does not like to rent out her property. She responded to Council's question that her short-term rental has a 50- 65% occupancy-225 days a year.
Keri Davis, a Bishop resident, spoke to how enforcement on Short Term Rentals is important, and finds it frustrating when others don't follow the rules when we pay taxes and follow the rules. Her short-term rental has a 85% occupancy each month-300-325 days a year.
Chris Taylor, a Bishop resident and past business owner, spoke in support of addressing more housing in Bishop.
Ron McCoy, a Bishop resident and a short-term rental host, spoke in support of no moratorium. Ron McCoy suggested that perhaps the local agencies such as Los Angeles Department of Water and Power and the U.S. Forest Service should build housing for their staff on the lands that they own. He has been running his short-term rentals since 2018 and his occupancy rate is 50-55%.
Casey Stewart, a Bishop resident, runs a short-term rental with his wife and spoke in support to keep short-term rentals open and active. Casey Stewart stated that his short-term rental has a 70% occupancy rate.
Karen McCoy, a Bishop resident and short-term rental host, spoke on how her and her husband were instrumental in creating an ordinance for short-term rentals and supports having short-term rentals in Bishop. Karen McCoy also asked if Council could please reach out to the short-term rental owners prior to voting on or making a decision related to short-term rental modifications in the future.
No further public comments were made.
After a thorough discussion by Council, and a consensus from Council to have staff bring back an enforcement plan, Mayor Pro Tem Garcia made a motion.
Motion/Mayor Pro Tem Garcia Seconded/Councilmember Muchovej Mayor Pro Tem Garcia made a motion to keep the current Short-Term Rental Ordinance active and for staff to propose amendments and to look into an enforcement policy.
Ayes: Councilmembers Schwartz, Muchovej, Mayor Pro Tem Garcia, Mayor Ellis Noes: None
Abstain: None
Absent: Councilmember Kong
Motion passed 4-0.
City Administrator Dishion clarified that the intention was not to take away from anything currently in place. This was placed on the agenda to give Council an opportunity to discuss short-term rentals. Council thanked everyone who attended August 28, 2023 Page 7
and asked that they continue to let Council know their concerns. Council asked that staff inform short-term rental operators of any future short-term rental ordinance modifications that are brought to Council for consideration.
16. FUTURE AGENDA ITEMS
No requests for future agenda items were made by Council.
17. COUNCIL AND COMMITTEE REPORTS
Council Members reported on meetings and community events that they attended.
18. ADJOURNMENT Monday, September 11, 2023 at 6:00 p.m. Regular Meeting in the City Council Chambers.
The Mayor adjourned the meeting at 8:34 p.m. to the City Council Meeting scheduled for Monday, September 11, 2023 at 6:00 p.m. in the City Council Chambers. ______________________________________
Jim Ellis, Mayor
Attest: ______________________________
Robin Picken, City Clerk
August 28, 2023 Page 8