income individuals or by charitable organizations, congregate shelters, or transitional housing.
C. For purposes of this chapter, the term "client" means individuals and/or families using an emergency shelter, navigation centers, bridge housing, and respite or recuperative care.
17.38.030. Applicability. Planning Director Approval
A. The ES emergency shelter combining district may be combined with any C-1, R-3 and/or R-3-P district which in the judgment of the city council possesses the desired locational and site design characteristics as set forth in section 17.38.060A.
B.A All operators of emergency shelters, supportive housing and transitional housing development pPrior to commencing such operation, the operator of an emergency shelter shall apply to the city planning department to ensure that all standards and requirements set forth in section 17.38.060 will be met compliance with the objective standards in Section 17.38.060.
17.38.040. Permitted uses.
A. The permitted uses in an ES emergency shelter combining district include emergency shelters, supportive housing and transitional housing developments that comply with the standards and requirements set forth in section 17.38.050 and associated supportive services. Such permitted uses shall be in addition to the permitted uses allowed by the underlying district with which the ES emergency shelter combining district is combined.
B. If an ES emergency shelter combining district overlies more than one type of district, C-1, R-3 and/or R-3-P, then such additional permitted uses shall only be those which are permitted in the district which underlies the proposed project.
17.38.050. Uses expressly prohibited.
Prohibited uses shall be those set forth in section 17.48.030 for C-1 districts; those set forth in section 17.36.030 for R-3 district; and those set forth in section 17.40.030 for R-3-P districts.
17.38.060. Standards and requirements.
A. Standards. Except as provided hereafter, standards shall be as provided in the underlying district.
B. Requirements. Any proposed emergency shelter, supportive housing and/or transitional housing development located in an ES emergency shelter combining district shall operate under the requirements set forth below. Such requirements are 177
in addition to any other requirements set forth in federal, state or local laws, rules, regulations, ordinances or policies.
1. Capacity. The maximum number of clients permitted in any emergency shelter, supportive housing and/or transitional housing development is ten.
Alternative A: Capacity. Emergency shelter capacity shall be determined by applicable building, fire, and health and safety codes. No discretionary review shall be required.
Alternative B: Capacity. Emergency shelters may serve up to 30 clients, or such a greater number as permitted by building and fire code occupancy limits.
2. Vehicle parking. The operator of an emergency shelter, supportive housing and/or transitional housing development shall provide on-site vehicle parking as follows: one parking space for each two client beds.
Alternative A: No minimum parking requirement
Alternative B: No minimum off-street parking shall be required for residents, clients, or guests. Off-street parking shall be provided for employees only, at a rate of one parking space per employee on the largest shift.
23. Bicycle parking. The operator of an emergency shelter, supportive housing and/or transitional housing development shall provide bicycle racks that allow for the secure storage of bicycles. Bicycle racks shall accommodate at least one bicycle storage space for every five client beds. All bicycle racks shall be on site and located in an area that is not visible from a public right-of-way.
34. Intake areas. If the intake area of an emergency shelter, supportive housing and/or transitional housing development is located on-site, the operator shall provide an enclosed interior waiting area. There shall be no outdoor queuing of potential clients.
45. Management.
a. On-site management. The operator of an emergency shelter or transitional housing development shall provide an on-site management or support employee during all hours of operation. Only persons who are not residential emergency shelter or transitional housing clients may serve as on-site management or support employees. Supportive housing developments shall be required to provide management and/or support employees that may be located on-site or off-site.
b. Client restriction. The operator of an emergency shelter, supportive housing and/or transitional housing development may conduct a background check on all prospective clients using all means allowed by law and may restrict client intake in accordance with state and local registered sex offender residency restrictions and comply with any applicable parolee obligations. An operator of an emergency shelter supportive housing and/or transitional housing development shall not intake any person as a client who that operator knows is a fugitive from 178
justice, nor any person known by such operator to be a threat to the safety of other clients.
c. Personal storage. The operator of an emergency shelter, supportive housing and/or transitional housing development shall provide a private storage area or closet for each on-site bed or unit. At no time shall any client keep on site any alcoholic beverages, or any type of illegal drugs or other illegal or dangerous substances, or deadly weapons, unless otherwise permitted by state or federal law. An emergency shelter manager and a transitional housing development manager shall conduct routine inspections of each on-site client's assigned personal space or unit to verify compliance with the foregoing and shall report to the police any client violation of this subsection. A manager of a supportive housing development may conduct routine inspections of each on-site client's assigned personal space or unit to verify compliance with the foregoing and shall report to the police any client violation of this subsection. d. Shower and toilet facilities. The operator of an emergency shelter, supportive housing and/or transitional housing development shall provide toilets, sinks and showers on site. The manager shall be responsible for ensuring that all restroom and shower facilities comply with city building code requirements. Emergency shelter facilities shall be provided with secure restroom and shower facilities.
e. Food service areas. The operator of an emergency shelter, supportive housing and/or transitional housing development shall be responsible for ensuring that any food service or on-site meal preparation areas comply with all applicable requirements of the county health department. f. Outdoor storage. The operator of an emergency shelter, supportive housing and/or transitional housing development shall screen any and all outdoor storage areas from view from all public rights-of-way and on-site parking lots. The manager shall ensure that all outside storage areas be are maintained in a neat, clean and orderly manner at all times.
56. Length of stay. The operator of an emergency shelter shall not allow any emergency shelter client to stay for a period longer than six months in any consecutive 12-month period. The operator of a transitional housing development shall not allow any client to stay for a period longer than two years in any consecutive five-year period. There shall be no limit on the length of stay at a supportive housing development.
67. Hours of operation. The operator of an emergency shelter and/or transitional housing development shall establish and maintain set days and hours of operation for client intake and discharge. These hours shall be clearly displayed at the entrance to the emergency shelter and/or transitional housing development at all times.
78. Disruptive clients. In the event that a client of an emergency shelter, supportive housing and/or transitional housing development is socially disruptive, a threat 179
to the safety of others, or in violation of housing facility rules, the manager may proceed to discharge that client immediately.
89. Lighting. The operator of an emergency shelter, supportive housing and/or transitional housing development shall provide nighttime lighting in all exterior parking areas and along the periphery of the buildings. All such lighting shall be screened from adjoining properties by downlights, hoods or similar means. 910.Security. The operator of an emergency shelter, supportive housing and/or transitional housing development shall submit an on-site security plan to the city planning department and to the city police department. The operator shall be responsible for ensuring that the approved security plan is implemented at all times during the operation of the emergency shelter, supportive housing and/or transitional housing developments.
1011. Inability to pay. No individual or household may be denied access to an emergency shelter or access to supportive and/or transitional housing development because of an inability to pay.
1112. Signs.
a. Exterior signs C-1 district shall comply with CHAPTER 17.85. Exterior signs in the portion of an ES emergency shelter combining district that overlays a C-1 district shall comply with standards for the C-1 district as set forth in section 17.48.060.
b. Exterior signs R-3 and R-3-P district. Notwithstanding sections 17.36.070 and 17.40.070, exterior signs in the portion of an ES emergency shelter combining district that overlays an R-3, R-3-P and/or R-2000 district shall be permitted, solely for purposes of identifying the emergency shelter, supportive housing and/or transitional housing development up to a maximum area of nine square feet.
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CHAPTER 17.39. RESIDENTIAL CARE FACILITIES
17.39.010. Purpose.
The purpose of this chapter is to comply with the housing element requirements of the state and federal fair housing laws.
17.39.020. Definitions.
The following words, terms, and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. “Alcohol or Other Drug (AOD) Facilities” means residential facilities that must obtain licenses from DHCS because they provide alcoholism or drug addiction recovery and treatment services pursuant to Health & Saf. Code, § 11834.02 as may be amended from time to time.
B. “Client” means, for the purposes of this Chapter, individuals and/or families using or occupying any of the special residential uses listed in this Chapter.
C. “Community Care Residential Facilities” means residential facilities that must obtain licenses from the California Department of Social Services (CDSS) because they provide 24-hour nonmedical care and supervision for adults or children pursuant to Health & Saf. Code, §§ 1502, 1568.01, 1569.2, subds. (o)- (p) as may be amended from time to time.
D. “DHCS” means the California Department of Health Care Services.
E. “Group Homes” means housing shared by unrelated persons with disabilities that provide peer and other support for their residents’ disability related needs and in which residents share cooking, dining, and living areas, and may, in some group homes, participate in cooking, housekeeping, and other communal living activities.
1. “Licensed Group Homes” means group homes that provide services that require licenses under state law.
2. Unlicensed Group Homes—group homes that may provide some supportive services for their residents but not services that require licenses under state law
F. “Recovery Residences or Sober Living Homes” means group homes for persons recovering from alcoholism or drug addiction in which the residents mutually support each other's recovery and sobriety and that do not require licenses from DHCS because they do not provide alcoholism or drug addiction recovery and treatment services.
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G. “Residential Care Facilities” means any of the permitted or conditionally permitted uses listed in this Chapter.
H. “Supportive Housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
I. “Transitional Housing” means housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-topay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.
17.39.030. Permitted uses.
A. The following uses are permitted by right in all zones of the City which allow for residential uses by right.
1. Unlicensed Group Homes with six or fewer clients.
2. Licensed Group Homes six or fewer clients.
3. Licensed Group Homes with more than six clients in the R1 zone.
4. Supportive Housing.
5. Transitional Housing
6. Community Care Residential Facilities with six or fewer clients.
7. Recovery Residences or AOD Facilities with six or fewer clients.
8. Low Barrier Navigation Centers
B. The uses listed in subsection A. above are subject only to the generally applicable, nondiscriminatory health, safety, and zoning laws that apply to all residences in the City.
17.39.040 Conditionally Permitted Uses
A. Licensed Group Homes with more than six clients, other than in the R1 zone.
B. Community Care Residential Facilities with more than six clients.
C. Recovery Residences and AOD Facilities with more than six clients. 182
D. The uses listed above in subsections A., B., and C. must apply for a land use permit as set forth in Section 17.80.030 of this code.
E. The land use permit shall be approved, conditionally approved, or disapproved, subject to all applicable state and federal reasonable accommodation standards, by the planning commission after a public hearing.
17.39.050. Planning Director Approval.
A. Prior to commencing operations, the operator of any use listed in this Chapter must obtain the approval of the Planning Director, except the uses listed in
17.39.040 shall require the approval of the Planning Commission.
B. The names of all persons and entities with an ownership or leasehold interest in the facility, or who will participate in the operation of the facility, shall be disclosed in writing to the City, and the persons and entities shall not have a demonstrated pattern or practice of operating similar facilities in or out of the City in violation of State or local law.
C. The operator of the facility shall provide a list of the addresses of all similar facilities in the State owned or operated by the operator within the past five years and shall certify under penalty of perjury that none of the facilities has been found by State or local authorities to be operating in violation of State or local law. All information submitted shall be subject to verification by the Director.
D. In addition to the land use permit application required by this Title 17, the operator shall submit to the City for review a management and operating plan and rules of conduct.
17.39.060. Low Barrier Navigation Centers. A low-barrier navigation center shall be permitted by-right in areas zoned to permit permanent residential uses, including within mixed-use and nonresidential zones permitting residential uses, if it meets the following requirements:
A. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
C. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
D. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations. 183
E. Use by-right has the meaning defined in subdivision (i) of Section 65583.2 of the California Government Code. Division 13 (commencing with Section 21000) of the California Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a low-barrier navigation center constructed or allowed by this section.
17.39.060. Residential Facility Standards.
A. This section provides standards for residential care facilities granted a conditional use permit in compliance with Section 17.39.040.
B. Smoking in Outdoor Areas. Staff, clients, guests, or any other users of a residential care facility shall not smoke in an area from which the secondhand smoke may be detected on any parcel other than the parcel upon which the facility is located.
C. Management and Operation.
1. The property shall be operated in compliance with applicable State, Federal, and local law and in conformance with the management and operating plan and rules of conduct submitted as part of the application for a conditional use permit or as identified in the conditions of approval for a conditional use permit.
2. Each management and operation plan shall provide a phone number by which the operator may be contacted at all times.
3. If applicable, the permittee shall comply with the business license provisions of Title 5 (Business Licenses and Regulations).
D. Standards for Residential Care Facilities. In order to ensure that residential care facilities are operating in a manner that is consistent with State and Federal law and established industry standards and to ensure that operators do not have a pattern or practice of operating similar facilities in violation of State, Federal, or local law, the standards listed below shall apply:
1. If the facility is not licensed by the State of California, owners, managers, operators, and residents shall not:
a. Provide any services on site if the provision of the service requires licensure of the facility under California law; or
b. Provide any services to persons not residing on site.
2. If the facility is required to be licensed by the State of California, owners, managers, operators, and residents shall not:
a. Provide any services other than those that the facility is authorized and licensed to provide by the State of California; or
b. Provide any services to persons not residing on site. 184
CHAPTER 17.81 - APPEALS
§ 17.81.010 Purpose.
This Chapter provides procedures for:
A. The Council's review of a decision rendered by the Commission; B. The Commission's review of a decision rendered by the Director; C. The simultaneous request for an appeal by the Council and Commission; D. The filing of an appeal, by other than the Council or Commission, of a decision rendered by the Director or Commission.
§ 17.81.020. Commission Review.
A member of the Commission may request the opportunity to discuss any decision previously rendered by the Director; however, a majority vote of the Commission is required to initiate an appeal of the decision. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing.
§ 17.81.030. Council Review.
A member of the Council may initiate an appeal of any decision previously rendered by the Director or Commission; once an appeal is initiated, the matter shall be scheduled for hearing. The decision of the Council on the appeal shall be final and shall become effective upon adoption of the resolution by the Council.
§ 17.81.040. Appeal by the Council and Commission.
If members of the Commission and Council file an appeal from the same decision, the matter shall be scheduled for Council determination. The Council shall determine whether the appeal shall be considered, and if so, by which review authority. Once the Council determines that the appeal should be heard, the appeal shall be scheduled for hearing by the review authority designated by the Council.
§ 17.81.050. Appeals of Decisions.
An appeal filed by other than the Council or Commission shall be heard by the following review authorities:
A. Director Appeals. A decision rendered by the Director may be appealed to the Commission.
B. Commission Appeals. A decision rendered by the Commission may be appealed to the Council.
§ 17.81.060. Filing and Processing of Appeals.
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A. Timing and Form of Appeal. Appeals shall be submitted in writing and filed with the Department or City Clerk, as applicable, within 10 days after the decision date identified in the notice of decision. Appeals addressed to the Commission shall be filed with the department, while appeals addressed to the Council shall be filed with the City Clerk. The appeal shall specifically state the pertinent facts of the case and the basis for the appeal, as required by subsection D. Appeals shall be accompanied by the filing fee established by the most current City Council Fee Resolution.
B. The Number of Days Shall be Construed as Calendar Days. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed.
C. Report and Scheduling of Hearing. When an appeal has been filed, the Director shall prepare a report on the matter and schedule the matter for consideration by the appropriate review authority.
D. Required Statement and Evidence
1.Applications for appeals shall include a general statement specifying the basis for the appeal and the specific aspect of the decision being appealed.
2.Appeals shall be based upon an error in fact, dispute of findings, or inadequacy of conditions to mitigate potential impacts.
3.Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.
E. Action. At the hearing, the review authority will consider the decision de novo, and may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.
1. By resolution, the review authority may affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal.
2. When reviewing an appeal, the review authority may amend or adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal.
3. When reviewing an appeal, the review authority may disapprove the land use entitlement approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval.
4. If new or different evidence is presented on appeal, the Commission or Council may, but shall not be required to, refer the matter back to the Director or Commission for further consideration.
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§ 17.81.070. Notice for Appeal Hearings.
A. Appeal of Director or Commission Decision. Where an appeal of a decision made following a noticed public hearing is filed and a hearing on the merits of the appeal is placed on the Commission or Council agenda, a public hearing notice shall be given. An appeal of a Director or Commission action that was not subject to a statutorily required public hearing notice does not require public hearing notice when the matter is placed on the Council agenda.
B. Appeal of Director's Decision. Notice of the appeal shall be mailed to all persons who previously received notice of the Director's or Commission’s decision at least 10 days before the scheduled public hearing or review. § 17.81.080. Notice of Final Decision by Commission.
Within 10 working days after the final decision is rendered by the Commission or City Council, a notice of the decision and any applicable conditions of approval shall be mailed to the appellant at the address shown on the application. § 17.81.090. Pending Appeal.
While an appeal is pending, the establishment of any affected use or structure shall be held in abeyance and all permits and licenses issued for the use or structure shall be stayed.
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17.08.040. - Boardinghouse. Group Home
Boardinghouse is a dwelling other than a hotel, where lodging and/or meals for three or more persons is provided for compensation.
Group Home means housing shared by unrelated persons with disabilities that provide peer and other support for their residents’ disability related needs and in which residents share cooking, dining, and living areas, and may, in some group homes, participate in cooking, housekeeping, and other communal living activities.
17.08.115. - Emergency shelter
Emergency shelter, as provided in Health and Safety Code § 50801, means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. The term "emergency shelter" specifically does not include:
A. Residential care facilities for the elderly as defined in Health and Safety Code § 1569.2;
B. Residential care facilities as defined in Health and Safety Code § 1568.01; C. Community care facility as defined in Health and Safety Code § 1502; D. Residential hotels as defined in Health and Safety Code § 50519; E. Residential living unit as defined in Health and Safety Code § 1771; F. Group homes as defined in Welfare and Institutions Code § 11400, or other similar facilities.
17.08.116. - Supportive housing
Supportive housing means permanent rental housing linked to a range of support services designed to enable residents to maintain stable housing and lead fuller lives and typically linked to on-site or off-site services that support residents in maintaining the housing, improving their health and maximizing their ability to live independently and, when possible, to work within the community.
Supportive Housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
17.08.117. - Transitional housing
Transitional housing means a type of supportive housing used to facilitate the movement of homeless individuals and families to permanent housing. housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent 188
housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.
17.08.120. - Dwelling, single-family Unit
Dwelling, single-family, means a building designed for or used to house not more than one family, including all necessary employees of such family.
A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
17.80.120. Expiration of land use entitlement, permit or variance.
A. A land use entitlement, use permit or variance issued under the authority of this Zoning Code shall terminate, all rights granted thereunder shall lapse, the same shall become null and void and the property affected thereby shall be subject to all of the laws, ordinances, regulations and legal requirements in effect on the date of such termination when there is a failure to exercise the rights granted in the land use entitlement, use permit or variance within one year of the later of the following:
1. The date of the initial approval of the land use entitlement, use permit or variance; or
2. The date of the approval of the last extension of such land use entitlement, use permit or variance.
B. Notwithstanding the foregoing, all land use entitlements, use permits and variances shall terminate upon the failure to exercise rights granted thereunder no later than two years from the date of initial approval of the land use entitlement, use permit or variance.
C. The planning commission, after due application, notice and hearing, may grant one or more extensions of the effective period of any land use entitlement, use permit or variance to any date on or before two years from the date of the initial approval thereof, but shall not have the power to extend such period beyond two years from the date of such initial approval.
D. All applications for extensions of land use entitlements, use permits and variances shall be in writing and filed with the city administrator not less than 45 days before the date such use permit or variance shall otherwise expire. If such application is filed later than such date, the planning commission shall not have the power to grant an extension thereof.
E. Nothing herein shall prohibit the approval of a new land use entitlement, use permit or variance at any time, after due application, notice and hearing. 189
F. “To exercise the rights granted in the land use entitlement, use permit or variance” means the applicant granted the land use entitlement, use permit or variance substantially commenced the approved activity or has actually commenced the allowed use on the site in compliance with the conditions of approval.
G. “Failure to exercise the rights granted in the land use entitlement, use permit or variance” means the applicant granted the use permit or variance has failed to do any one of the following:
1. Commence construction of the improvements or structures authorized by the permit.
2. Apply for all necessary permits and approvals from other agencies having jurisdiction over the project which is the subject of the permit or variance.
3. Submit building or improvement plans required by the City Municipal Code or other regulatory agencies for the project which is the subject of the permit or variance.
4. Resubmit building or improvement plans required by the City Municipal Code or other regulatory agencies for the project which is the subject of the permit or variance after receiving initial comments back from the City or other regulatory agencies that substantially comply with the plan check comments previously received.
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CITY OF BISHOP
377 West Line Street - Bishop, California 93514
P. O. Box 1236 - Bishop, California 93515
City Hall 760-873-5863 Public Works 760-873-8458
Fax 760-873-4873
NOTICE IS HEREBY GIVEN that Bishop City Council will conduct a public hearing and first reading of an ordinance regarding amendments to the Bishop Municipal Code Title 17 - Zoning. The hearing will be held on Monday, April 13, 2026, at 6:00 p.m. in the City Council Chambers, located at 301 West Line Street, Bishop, California.
Proposed Amendments
1. Zoning Code Text Amendments (To comply with Housing Element action items and State law)
• Amending Chapter 17.08 – Definitions to revise various definitions • Amending Chapter 17.38 – ES Emergency Shelter Combining District • Adding new Chapter 17.39 – Residential Care Facilities
2. Additional Zoning Amendments
• Repealing Section 17.80.110 (Appeal procedure) of Chapter 17.80 and adding Chapter 17.81 - Appeals to Title 17 (Zoning) of the City of Bishop Code of Ordinances
• Amending Chapter 17.80, Section 17.80.120 (Expiration of Permit or Variance) California Environmental Quality Act (CEQA):
The City Council will consider recommending an exemption from the California Environmental Quality Act (CEQA) pursuant to title 14, section 15378 (b)(5) of the California Code of Regulations.
Public comments may be made:
1. In person: Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration (or complete a speaker card prior to the meeting). Comments for all agenda items are limited to a speaking time of three minutes unless modified by the Mayor.
2. In writing: Written comments may be submitted electronically at http://bishop-ca.granicus.com/ViewPublisher.php?view_id=8 by using "eComment" feature. eComments close at 3:00 p.m. on the day of the meeting. You may also hand deliver public comments to the City drop/payment box located at the Church Street entrance to City Hall on or before the deadline noted above. All written public comments received before the above-noted time will be distributed to the Council for their review and consideration prior to the meeting. All written public comments received after that time will be provided to the Council at the earliest possible time. Please note that written public comments received will not be read aloud at the meeting.
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Pursuant to Government Code Section 65009(b), if this matter is challenged in court, the challenge may be limited to issues raised at the public hearing or in written correspondence delivered to the City of Bishop at or before the public hearing.
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 377 West Line Street, Bishop, California during normal business hours.
Government Code 54957.5(b)(1). Copies will also be provided at the appropriate meeting.
Please be advised this meeting is accessible to the public in person, on the City of Bishop website, or on the local government cable channel 12. In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the City Clerk at 760-873-5863 Extension 124. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].
Published in the Inyo Register on March 21, 2026
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Agenda Item: 11.A
Date of Meeting: April 13, 2026
Department: Finance
To: City Council
From: Ethan Aukee
Subject: Resolution Establishing a Utility Rate Assistance Program Prepared On: April 6, 2026
Attachments: Resolution Establishing a Utility Rate Assistance Program
STAFF REPORT
Background/History:
The City of Bishop provides water and sewer services through enterprise funds that are required to operate on a cost-of-service basis. While utility rates have remained relatively stable in recent years, the City is evaluating and anticipating future rate adjustments necessary to support ongoing system operations, maintenance, and capital improvements.
As part of this forward-looking effort, the City Council has identified the importance of establishing a structured utility rate assistance program in advance of potential rate changes to help mitigate impacts on qualifying households.
Historically, the City has maintained a limited utility rate reduction program focused primarily on senior customers. While this program provided targeted relief, it was not structured around income-based eligibility and did not include a formalized framework for administration, funding, or annual program review.
To address these limitations, the City Council initiated updates to Title 13 of the Bishop Municipal Code to authorize a broader utility rate assistance program. The updated ordinance establishes the authority for such a program while delegating eligibility criteria and program details to be set by resolution of the City Council.
The proposed resolution implements this framework by establishing an income-based assistance program that relies on participation in existing state and federal assistance programs for eligibility verification. This approach simplifies administration, ensures consistent and objective qualification standards, and expands access to assistance for qualifying residents while maintaining compliance with applicable legal requirements governing enterprise fund operations.
Analysis/Discussion:
The proposed Utility Rate Assistance Program is designed to provide targeted financial relief 194
to qualifying residential customers while maintaining compliance with legal and financial requirements governing the City's water and sewer enterprise funds.
The program establishes a 25% reduction to monthly water and sewer service charges for eligible accounts. Assistance is limited to 130 single-family residential accounts and 15 multifamily residential accounts, and participation is subject to available funding. This structure allows the City to provide meaningful assistance while maintaining control over total program costs.
Eligibility is based on participation in established income-qualified assistance programs, as approved by the City Administrator or Finance Director. By relying on third-party verification rather than requiring the City to independently assess income, the program minimizes administrative burden and ensures consistent, objective eligibility determinations.
The program is funded through non-rate revenues, including potential General Fund transfers or external funding sources. This approach is critical to maintaining compliance with Article XIII D of the California Constitution (Proposition 218), which requires that utility rates be based on the cost of providing service and not used to subsidize unrelated costs. The program does not alter adopted rate structures and does not utilize utility rate revenues unless specifically authorized through a future rate study and Council action.
Program participation is limited through a defined capacity model and administered on a firstcome, first-served basis, with the option to maintain a waitlist. This approach provides a clear and manageable method for controlling program enrollment without requiring ongoing financial recalculation throughout the year. Eligibility is granted for a period not to exceed twelve (12) months, after which re-verification is required. This ensures that assistance remains targeted to qualifying households and allows for periodic program turnover.
The City currently maintains a limited senior utility rate reduction program. To ensure a smooth transition and avoid disruption to existing participants, current accounts receiving assistance under the senior program will be automatically enrolled in the new program for the initial program year, subject to the overall program capacity limits. These accounts will be required to meet the new program eligibility criteria upon annual re-certification.
The resolution provides broad administrative authority to the City Administrator or Finance Director to implement and manage the program, including establishing application procedures, verification requirements, and program oversight. This allows staff to adapt operational details as needed without requiring further Council action, while maintaining overall policy control at the Council level.
Overall, the proposed program establishes a clear, scalable, and administratively efficient framework that aligns with the City's financial policies and legal obligations, while proactively addressing potential affordability concerns associated with future utility rate adjustments.
Impacts to Council Goals and Strategic Planning Priorities:
The proposed Utility Rate Assistance Program supports the City Council's goals of maintaining fiscal sustainability and ensuring equitable access to essential public services. The program promotes community well-being by improving affordability of water and sewer services for qualifying residents, while preserving the financial integrity of the City's enterprise funds through controlled program limits and non-rate funding sources. 195
Budget Impacts:
The Utility Rate Assistance Program will be funded through non-rate revenues, including potential General Fund transfers or external funding sources, as approved by the City Council. The program does not utilize water or sewer rate revenues and does not impact adopted utility rate structures.
Program costs are controlled through established participation limits of 130 single-family residential accounts and 15 multi-family residential accounts. The total annual cost will vary based on participation levels but is capped through these limits and subject to available funding.
Funding for the program will be considered as part of the annual budget process, and the program will be reviewed annually to evaluate participation, costs, and funding availability.
A preliminary estimate places the cost of the program at approximately $57,500 for fiscal year 2026-27.
Legal Review:
The City Attorney has reviewed this item and finds that the recommended action complies with the law.
Recommended Action:
Adopt a Resolution establishing a Water and Sewer Utility Rate Assistance Program, including program eligibility, benefit structure, and participation limits, effective July 1, 2026.
Approved By: Ethan Aukee 4/6/2026
Approved By: Robin Picken 4/6/2026
Approved By: Dean Pucci 4/7/2026
Approved By: Pam Foster 4/8/2026
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City of Bishop Resolution No. 2026-___ Page 1
RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BISHOP,
STATE OF CALIFORNIA, ESTABLISHING A WATER AND SEWER
UTILITY RATE ASSISTANCE PROGRAM AND SETTING ELIGIBILITY,
BENEFITS, AND PROGRAM LIMITS
WHEREAS, the City of Bishop operates water and sewer utilities as enterprise funds to provide essential public health and safety services; and WHEREAS, the City Council has adopted amendments to Title 13 of the Bishop Municipal Code authorizing a utility rate assistance program for qualifying residential customers; and
WHEREAS, the City Council desires to establish a clear, equitable, and administratively efficient framework for providing limited financial assistance to qualifying households while maintaining compliance with applicable law, including Article XIII D of the California Constitution (Proposition 218); and
WHEREAS, the City Council finds that reliance on participation in established incomequalified assistance programs provides an efficient and verifiable method of determining eligibility without requiring independent income verification by the City; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bishop as follows:
Section 1. Program Established
The City hereby establishes a Water and Sewer Utility Rate Assistance Program (“Program”) for eligible residential utility customers.
Section 2. Eligibility
Eligibility for the Program shall be limited to residential utility customers who demonstrate enrollment in one or more income-qualified assistance programs approved by the City Administrator or Finance Director, or their designee.
The City Administrator or Finance Director, or designee, is authorized to establish procedures for verification of eligibility.
Section 3. Benefit Structure
Eligible customers shall receive a twenty-five percent (25%) reduction applied to the customer’s monthly water service charge and monthly sewer service charge. 197
City of Bishop Resolution No. 2026-___ Page 2
The reduction shall apply only to recurring service charges and shall not apply to penalties, late fees, reconnection charges, deposits, or other non-recurring charges. All bill calculations, including any applicable penalties, shall be based on charges after application of the Program discount.
Section 4. Program Capacity and Limits
Participation in the Program shall be limited as follows, subject to available funding:
• Single-Family Residential Accounts: Maximum of 130 accounts • Multi-Family Residential Accounts: Maximum of 15 accounts Participation shall be granted on a first-come, first-served basis.
The City may maintain a waitlist of eligible applicants once program capacity has been reached.
Section 5. Term of Eligibility
Eligibility for the Program shall be granted for a period not to exceed twelve (12) months. Continued participation shall require re-verification of eligibility in accordance with administrative procedures established by the City.
Section 6. Funding Source
The Program shall be funded through sources approved by the City Council, including transfers from the General Fund, grants, or other legally available non-rate revenues.
Utility rate revenues shall not be used to fund the Program unless specifically authorized through a duly adopted rate structure in compliance with applicable law.
Section 7. Administration
The City Administrator or Finance Director, or their designee, is authorized to administer the Program and to adopt such rules, procedures, and forms as necessary to implement this Resolution.
This includes, but is not limited to, establishing application procedures, verification requirements, waitlist management, and program oversight.
Section 8. Revocation of Assistance
The City may suspend or terminate assistance for any eligible account which is determined to be ineligible or has provided false or misleading information. 198
City of Bishop Resolution No. 2026-___ Page 3
Section 9. No Vested Rights
Participation in the Program does not create a vested right to continued assistance.
Assistance is subject to available funding, continued eligibility, and compliance with program requirements.
Section 10. Annual Review
The Program shall be reviewed annually by the City Council as part of the budget process, including participation levels, program costs, and funding sources. The City Council may modify, suspend, or terminate the Program at any time by resolution.
Section 11. Effective Date
This Resolution shall become effective July 1, 2026.
PASSED, APPROVED AND ADOPTED this ____ day of _______________ 2026.
_____________________________________
Stephen Muchovej, Mayor
ATTEST: ____________________
Robin Picken, City Clerk
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