Bishop City Council
April 13, 2026

CITY OF BISHOP

CITY COUNCIL MEETING AGENDA
Bishop Union High School - Carl Lind Board Room - 301 North Fowler Street - Bishop, California
MONDAY, APRIL 13, 2026 - 6:00 PM

1. CALL TO ORDER - 6:00 p.m. Monday, April 13, 2026

2. MOMENT OF SILENCE

3. PLEDGE OF ALLEGIANCE - Mayor Muchovej will lead the pledge of allegiance.

NOTICE TO THE PUBLIC: Please be advised this meeting is accessible to the public in person only. 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 72 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].

The public is encouraged to participate or observe this meeting by:

1. Attending this meeting in person at the Bishop Union High School Carl Lind Board Room located at 301 North Fowler Street in Bishop, California.

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: Go to http://bishop-ca.granicus.com/ViewPublisher.php?view_id=8 to submit an "eComment" for the corresponding meeting. Please note that eComment submissions closes 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 prior to 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 possibility. Please note written public comments received will not be read aloud at the meeting.

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.
1 4. ROLL CALL

5. PUBLIC COMMENT

6. PRESENTATIONS
A. PRESENTATION – California Department of Transportation (CALTRANS) Bishop Pavement Project Update – Presented by Caltrans District 9 Project Manager Jeremy Miloš
B. PRESENTATION - Bishop Union High School Student Senate Report - Presented by Bishop Union High School Student Representatives.

7. DEPARTMENT REPORTS
A. Fire Department Report - Fire Chief Bret Russell
B. Police Department Report - Police Chief Nate Derr
C. Community Services Department Report - Community Services Manager Daniel McElroy
D. Planning Department Report - Principal Planner Ana Budnyk E. City Administrator Report - City Administrator Pam Foster

8. COUNTY OF INYO UPDATE

9. CONSENT CALENDAR
A. Fire Recovery USA Services Agreement
B. Authorization to Purchase TruNarc Raman Spectrometer for Preliminary Drug 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 will listen to all public comment but will not generally discuss the matter or take action on it.

Caltrans Bishop Pavement Project - "No Parking Zones" Map Updates on department activities will be given by the Department Heads and/or their staff.

Fire Department Report - March 2026
Police Department Report - March 2026
Community Services Department Report - March 2026
Planning Department Report - March 2026
City Administrator Report - March 2026
Prepared and presented by Second District Supervisor Jeff Griffiths.

NOTICE TO THE PUBLIC: All matters under the Consent Calendar are considered routine by the City and will be acted on by one motion.

Recommended Action: Approve the services agreement between Fire Recovery USA and the City of Bishop.
2026 Inspection and Emergency Incident Services Agreement 2 Identification
C. Purchase of 3D Forensic Crime Scene Scanner
D. Memorandum of Understanding between the City of Bishop and Friends of the Eastern Sierra Community Gardens
E. ORDINANCE - Second Reading and Adoption of an Ordinance Amending Chapter 13 of the Bishop Municipal Code Relating to the Utility Assistance Program
Recommended Action: Staff recommends that the City Council authorize the Bishop Police Department to purchase one TruNarc Handheld Raman Spectrometer for the safe, non-contact preliminary identification of suspected narcotics and controlled substances, and approve the purchase from the lowest responsive bidder, Thermo Fisher Scientific, at a cost not to exceed $40,000.00.

In accordance with the City’s purchasing policy, the department obtained three quotes for comparable narcotics identification devices:

Thermo Fisher Scientific – TruNarc Raman Spectrometer
3-year warranty and training included: $36,366.00
Safeware – TruNarc Raman Spectrometer
3-year warranty and training included: $46,586.29
Silent 6 – TacticID Raman Spectrometer
2-year warranty and training included: $46,553.05
The Thermo Fisher Scientific quote represents the lowest responsive bid and includes a three-year warranty and training package.

Funding for this purchase will be partially offset by $30,000 in previously approved AB109 reimbursable funding 001-020-54024, with the remaining balance funded through the Police Department’s COPS budget allocation 033-033-52018.

Silent 6 quote
Safe ware quote
Thermo Fisher Quote

ESPINOZA KELLY FINDINGS
Recommended Action: City Council authorization to purchase a 3D forensic laser scanner system from FARO Technologies Inc. in an amount not to exceed $70,000.00.

Faro Quote
Leica Quote
Artec Ray II Quote
Recommended Action: Council consideration to enter into a revised Memorandum of Understanding between the City of Bishop and the Friends of the Eastern Sierra Gardens.

MOU - Friends of the Eastern Sierra Community Garden 2026 Recommended Action: City Council consideration to approve the second reading and adoption of an ordinance amending Chapter 13 of the Bishop Municipal Code relating to the City's Utility Assistance Program by title only. 3 10. PUBLIC HEARING AND ACTION
A. Public Hearing and First Reading and Introduction of an Ordinance Adding a New Chapter 17.39 – Residential Care Facilities to Title 17- Zoning B. Public Hearing and First Reading and Introduction of an Ordinance Amending Chapter 17.38 ES Emergency Shelter Combining District
C. Public Hearing and First Reading and Introduction of an Ordinance Amending Chapter 17.08 to Revise Various Definitions and Amending Section 17.80.120, Expiration of Permit or Variance
D. Public Hearing and First Reading and Introduction of an Ordinance Repealing Section 17.80.110 of Chapter 17.80 and Adding a New Chapter 17.81 - Appeals to Title 17

11. NEW BUSINESS
A. Resolution Establishing a Utility Rate Assistance Program

12. FUTURE AGENDA ITEMS
Ordinance Amending Sections 13.04.091 and 13.08.061 of the Bishop Municipal Code Relating to the Utility Assistance Program
Recommended Action: Council will hold a public hearing and consider approving the first reading and introduction of an ordinance related to residential care facilities (by title only).

Ordinance Adding a New Chapter 17.39 – Residential Care Facilities PC Resolution No. 2026-01 Title 17 Amendments
Public Hearing Notice
Recommended Action: Council will hold a public hearing, and consider approving the first reading and introduction of an ordinance amending Chapter 17.28 ES Emergency Shelter Combining District (by title only).

Ordinance Amending Chapter 17.38 ES Emergency Shelter Combining District PC Resolution No. 2026-01 Title 17 Amendments
Public Hearing Notice
Recommended Action: Council will hold a public hearing and consider approving the first reading and introduction of an ordinance amending Chapter 17.08 (by title only).

Ordinance Amending Chapter 17.08
PC Resolution No. 2026-01 Title 17 Amendments
Public Hearing Notice
Recommended Action: Council will hold a public hearing, and consider approving the first reading and introduction of an ordinance repealing Section 17.80.110 of Chapter 17.80 and Adding a New Chapter 17.81 to Title 17 (by title only).

Ordinance Adding Chapter 17.81 - Appeals
PC Resolution No. 2026-01 Title 17 Amendments
Public Hearing Notice
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.

Resolution Establishing a Utility Rate Assistance Program 4 13. COUNCIL AND COMMITTEE REPORTS

14. ADJOURNMENT
Monday, April 27, 2026 at 6:00 p.m. Regular Meeting in the City Council Chambers 5 Bishop Pavement "No Parking Zones"
EA 09-37470 / Inyo County
US 395 Postmile 114.98 - 115.41
Change Parking to Allow
Addition of Bicycle Lanes (Start)
PM 114.98
0 500 1,000
Feet
East Jay Street
West Line Street
±
East Line Street
Mandich Street
West Jay Street
West South Street East South Street
Lagoon Street
Short Street
Clark Street
South Fowler Street
Sneden Street
Change Parking to Allow
Addition of Bicycle Lanes (End)
PM 115.41
6 Bishop, CA
This report was generated on 4/8/2026 4:14:33 PM
Bishop Fire Department
Breakdown by Major Incident Types for Date Range
MAJOR INCIDENT TYPE # INCIDENTS % of TOTAL
Fires 4 12.5%
Rescue & Emergency Medical Service 12 37.5%
Hazardous Condition (No Fire) 7 21.88%
Good Intent Call 9 28.12%
TOTAL 32 100%
Zone(s): All Zones | Start Date: 03/01/2026 | End Date: 03/31/2026 Doc Id: 553
emergencyreporting.com
Only REVIEWED and/or LOCKED IMPORTED incidents are included. Summary results for a major incident type are not displayed if the count is zero.

Page # 1 of 2 7
Detailed Breakdown by Incident Type
INCIDENT TYPE # INCIDENTS % of TOTAL
100 - Fire, other 1 3.12%
111 - Building fire 1 3.12%
131 - Passenger vehicle fire 1 3.12%
142 - Brush or brush-and-grass mixture fire 1 3.12%
311 - Medical assist, assist EMS crew 9 28.12%
322 - Motor vehicle accident with injuries 1 3.12%
323 - Motor vehicle/pedestrian accident (MV Ped) 1 3.12% 324 - Motor vehicle accident with no injuries. 1 3.12%
412 - Gas leak (natural gas or LPG) 1 3.12%
440 - Electrical wiring/equipment problem, other 5 15.62% 445 - Arcing, shorted electrical equipment 1 3.12%
600 - Good intent call, other 2 6.25%
611 - Dispatched & cancelled en route 5 15.62%
651 - Smoke scare, odor of smoke 2 6.25%
TOTAL INCIDENTS: 32 100%
Doc Id: 553
emergencyreporting.com
Only REVIEWED and/or LOCKED IMPORTED incidents are included. Summary results for a major incident type are not displayed if the count is zero.

Page # 2 of 2 8
Bishop Police Department
March 2026 End of Month Report

JAN FEB MARCH APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC
TOTAL INCIDENTS 1139 1085 1155
CALLS FOR SERVICE 653 654 696
OFFICER INITIATED INCIDENTS 486 431 459

TRAFFIC
STOPS
64 32 32

OTHER OIA
INC.
422 399 427
BUS/BUILDING CHECKS 5 2 0
VEH/PED CHECKS 33 21 26
TOTAL OFFICER REPORTS 77 58 75
ACCIDENT 0 3 5
CRIMINAL ACCIDENT 3 4 2
FELONY 13 9 9
INFORMATION 29 23 25
INFRACTION 1 2 0
MISDEMEANOR 31 17 34
TC WITH INJURIES 0 1 3
TC NO INJURIES 3 6 4

TOTAL MISDEMEANOR & FELONY

ARRESTS
20 20 21
MISDEMEANOR ARRESTS 14 14 17
ADULT 14 13 17
JUVENILE 0 1 0
FELONY ARRESTS 6 6 4
ADULT 6 5 4

JUVENILE 0 1 0
CITATIONS 50 30 38
MOVING 19 3 3
NON-MOVING 18 14 17
CRIMINAL 13 13 15

CAMPING ORDINANCE CONTACTS
CAMPING ORDINANCE CITATIONS 5 0 0
9 JAN FEB MARCH APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC

DISPATCH PHONE

ACTIVITY
911 CALLS 197 253 241
INBOUND 190 244 230
ABANDONED 7 9 11
ADMINISTRATIVE CALLS 1011 1397 1184
INBOUND 694 677 740
OUTBOUND 315 463 443
ABANDONED 2 4 1

10 Small Town with a
Big Backyard!

CITY OF BISHOP
377 West Line Street - Bishop, California 93514
Post Office Box 1236 - Bishop, California 93515
760-873-8458
www.cityofbishop.com
Community Services Report
March 2026
Programs

1. After School Stay and Play program is operating at the Elm Street School, Monday through Friday the Stay and Play program is full, with a waiting list. Staff and Participants will be working on Spring crafts including Valentines Day. Conducted staff meetings to address Recreation Coordinator Nancy Gonzalas leave of absence in January- February and Return in March. Continue to meet with staff weekly to address any operational concerns. Registration for 2026-2027 will open in April.

2. The Bishop Park Pool is closed for the 2025 season. Preparations for Spring opening. Prepared flyers and information to let the public know we are cashless at the pool. Prepared the pool for environmental heath inspections.

3. Summer camps 2026. Planning for the 2026 Summer Camps have begun registration opens April 22nd.

4. Spring Gymnastics Sessions are in preparation.

5. Senior Yoga class continues to be successful. Hosted at the City Auditorium on Mondays and Wednesdays at 10am.

6. Adult Coed Volleyball has started, with 9 teams. Hosted at the East Gym at BUHS at 6pm. Moving into playoffs in April.

7. New Youth Pickleball Clinics with coach Patty Cummings and Karey Bengamin.

This Program will be for children ages 5-12 on Mondays 3:45 – 4:45 at the City Park Tennis Pickleball courts starting February 23rd. Wrapping up March 6th.

8. Adult Coed Softball. Hosted managers meeting to discuss changes in rules and format for 2026. Registration is open April 1st and league play will begin May 4th. 11 Parks and Facilities

1. AYSO Soccer Fall and USA Soccer fields have been moved to Field 6 for the winter.

Mammoth soccer will be using field 1 through February.

2. Field preparations for Little League, Eastern Sierra Girls Softball, and High School Softball/Baseball.

3. Hosted Little Leage opening ceremonies.

4. Park staff have started work on Field 1 and Field 2 parking lot planters. This project will include wood planters around the tree wells and removal of existing railroad ties.

This project will continue through the fall and winter months.

5. The annual aeration and fertilizer for spring green up.

6. Pool maintenance occurs daily. Mondays the pool is closed for cleaning our pumps, filters, and deep cleaning.

7. Park Staff and Pool Staff will work together to prepare the Park Pool for Lifeguard training and Swim Team use in April. Preparations for environmental health inspections. Replaced sand in the Baby Pool filters. Install all rails and shade canopies.

8. Clean up and irrigation repairs to landscaping on Warren Street, City Hall, and Main streets.

9. Seasonal cleaning of flower beds on Main Street and Bishop Chamber.

10.Seasonal routine maintenance of all mowing and landscape equipment.

11.Daily routine of trash and cleaning of restrooms.

12.Cleaned debris from the creek, pond, and fountain.

13. Use of blowers on Main Street Mondays and Fridays.
12 14.Seasonal adjustments are made to all City irrigation and City Park. As we move into Sprin, Irrigation systems will be Audited for function and set for operation.

15.Repairs made to Middle Restrooms and Talmage Park due to vandalism.

16.In preparation for Spring Softball and Baseball use, Park Staff tilled, leveled, and edged fields 1, 2, 3, and 4. Field preparation daily for all four fields.

Sunrise

1. Daily routine of trash, debris, and inspections.

2. Leaf clean up at all common areas and residents.

3. Collected rents and payments for utilities.

4. Weekly routine maintenance of all lawns, landscapes, and common areas.

5. Began planning process of street and sidewalk replacement. Consultant has begun to design. Design is complete. We are seeking funding to complete this project.

6. Removal of Elm and Cottonwood trees in all fence lines.

7. The use of Organic Cat-Mase to mitigate feral cats.

8. Winter clean-up of City Owned facilities including the Community Building.

9. Working on quotes for concrete driveway replacement on unit 38.

10.Refrigerator replacement for City owned unit #23.

11.Purchase of New Maintenance truck.

Budget/Administrative

1. Held weekly staff meetings Tuesdays and Wednesdays.

2. Attended by-weekly City Council meetings.
13 3. Attended weekly Department Head Meetings.

4. Organized all Youth Sports Organizations on the use of Sportsites for schedules and games.

5. The Parks and Recreation Commission and Public Workshop for the Parks Master Plan was held on March 25th at 6pm. Staff update on Field 6 project and Parks Master Plan.

6. Communication with Bishop Area Bike Organization for the possible relocation of a portion of the Skills track to accommodate the Field 6 Enhancement Project. Phase one Pump Track is complete, and the group has begun work on the Skills Track.

Communication is ongoing.

7. California Urban Greening Grant has been awarded to the City of Bishop, coordination with the Friends of the Eastern Sierra Community Gardens. Work with selected contractor Clair Concrete Inc. has begun for the Community Garden Enhancement Project. The contractor has ongoing work on concrete paths, pergola, and irrigation. Construction is complete and we continue to work with the Community Gardeners to make purchases.

8. Scheduling of outside events and parties hosted at the Bishop City Park facilities.

9. Work with Public Works on the Downtown corridor for landscapes, trash receptacles, and benches for the Caltrans Bishop Pavements Project.

10.Met with Wood Roders on the Field 6 and Parks Master Plan Projects. Looking forward to Field 6 60% plans and review early February and site visit for the Parks Master Plan also in early February.

11.Met with BUHS School administration to discuss operation of the Stay and Play program and how new state regulations will affect the City program.

12.Worked with Community Gardners on the MOU between the City of Bishop and Friends of the Eastern Sierra Gardens.

Events

1. Foodie Fiesta on Church Street with local food vendors April 24th.

2. Family Fun Day Dia de Los Ninos at the City Park May 2nd. 14 3. Fourth of July and Pie and Ice-cream at the City Park.

4. Earth Day at the City Park April 12th.

Highlights

1. Programs
• Youth Pickleball
• Stay and Play
• Summer Camps
• Adult Volleyball
• Adult Coed Softball
• Swim Lessons
• Jr. Lifeguard
• Spring Gymnastics
Posting all flyers for programs on social media and the City of Bishop website.

2. Spring Events.

3. Readvertisement of the Bishop Courts Resurfacing Project.

4. Worked with City Administrator Pam Foster on task orders with Wood Rodgers for Field 6 and Parks Master Plan. Meet with Wood Rodgers to set dates for future public outreach and plan review. Field 6 at 90%. Master Plan Public Survey 890 responses next steps: Parks and Recreation Commission April 22nd. 15 Small Town with a
Big Backyard!

CITY OF BISHOP
377 West Line Street - Bishop, California 93514
Post Office Box 1236 - Bishop, California 93515
760-873-8458 [email protected]
www.cityofbishop.com

Planning Department Report –March 2026

1. Active Transportation Plan for Cycle 8 Application
o Working on the application
o Community engagement events and survey:
https://www.surveymonkey.com/r/2VBNT6K

2. LAWP Training Facility and Construction Yard (Wye Road):
worked with the consultants on the review of the CEQA.
o Initiated AB52 and SB18 Tribal Consultations

3. Eastern Sierra Housing Needs Study:
o Final Report Eastern Sierra Regional Housing Study published:
https://escog.ca.gov/housing-needs
16 Small Town with a
Big Backyard!

CITY OF BISHOP
377 West Line Street - Bishop, California 93514
Post Office Box 1236 - Bishop, California 93515
760-873-8458 [email protected]
www.cityofbishop.com

o Working on the Housing Toolkit

4. Parking and Land Use Study:
o Public Workshop on April 29th at 5pm, Council Chambers 17 Small Town with a
Big Backyard!

CITY OF BISHOP
377 West Line Street - Bishop, California 93514
Post Office Box 1236 - Bishop, California 93515
760-873-8458
www.cityofbishop.com
City Administrator’s Report
March 2026
During the month of March, I continued to focus on advancing key City priorities through community engagement, regional collaboration, organizational support, and strategic planning efforts.

Significant progress was made on the Parks Master Plan, including hosting a community meeting and conducting additional outreach to gather public input. This feedback will play an important role in shaping the long-term vision and priorities for the City Park.

I met with the Business Resource Center, Eastern Sierra Council of Governments (ESCOG), and the Bishop Area Chamber of Commerce to explore opportunities for economic development and strengthen regional partnerships aimed at supporting local businesses and sustainable growth.

Work also continued on the Regional Housing Needs Assessment (RHNA), which was released to the public this month. Efforts are now focused on next steps, including the development of a Housing Toolkit to help guide strategies and actions addressing local housing needs.

To support operational continuity and project management efforts, the City secured an Interim Public Works Director. This additional leadership support is helping to maintain momentum on both daily operations and priority projects.

I attended Legislative Days in Sacramento alongside Councilmember Garcia and Chief Derr, where we met with representatives from the State Legislature and various State agencies to advocate for local priorities and discuss issues impacting the City.

Additional accomplishments this month include finalizing the City’s rebranding logo, which is scheduled to be unveiled at an upcoming City Council meeting, and continued preparation for the upcoming Strategic Plan meeting, with strong progress being made toward developing a clear framework and priorities for Council consideration. 18 Agenda Item: 9.A
Date of Meeting: April 13, 2026
Department: Fire
To: City Council
From: Ethan Aukee
Subject: Fire Recovery USA Services Agreement
Prepared On: April 2, 2026
Attachments: 2026 Inspection and Emergency Incident Services Agreement

STAFF REPORT
Background/History:

The Bishop Fire Department has recently hired a Deputy Fire Chief to implement and manage fire and life safety inspection services throughout the City. The adopted inspection fee schedule is intended to support the ongoing costs associated with this position and ensure compliance with applicable state inspection requirements. The Deputy Fire Chief began employment in March 2026 and is expected to initiate inspections upon implementation of a billing and collection process.

Fire Recovery USA provides specialized billing and collection services for fire and emergency service agencies nationwide. The firm focuses on cost recovery for fire department responses as well as billing administration for fire and life safety inspections.

Analysis/Discussion:

A third-party provider is the most effective method to administer invoicing and collections for fire inspections and incident cost recovery. Outsourcing these functions allows Fire Department personnel to remain focused on fire prevention and emergency response activities rather than administrative billing efforts.

Fire Recovery USA integrates with the City’s existing records management system (Emergency Reporting) to facilitate efficient data transfer and billing administration. The City previously utilized this vendor for similar services in 2021 without identified performance issues. Under the proposed agreement, the vendor will perform invoicing, collections, and related follow-up activities, supporting consistent revenue recovery and program implementation.
19 The proposed agreement constitutes a specialized professional service involving fire incident cost recovery billing, insurance claims processing, and collections administration. These services require specific industry expertise, established insurer relationships, and system integration capabilities. Staff determined that this service is not a standard or commoditized procurement. Fire Recovery USA provides a comprehensive, turnkey solution that includes system integration, claims management, and revenue recovery under a primarily contingencybased compensation structure, supplemented by certain fixed and conditional fees associated with inspection billing services.

Due to the specialized nature of the service, the limited number of qualified providers, and the operational efficiencies gained through integration with the City’s existing systems, staff recommends dispensing with competitive procurement requirements. This approach is consistent with practices utilized by other California municipalities for similar services.

Accordingly, staff finds that entering into a Professional Services Agreement with Fire Recovery USA without formal competitive bidding is in the best interest of the City, as it provides an efficient and cost-effective method to enhance revenue recovery while minimizing administrative burden.

Impacts to Council Goals and Strategic Planning Priorities:

This agreement supports the City's fiscal sustainability by enhancing cost recovery for fire services without increasing taxes or user fees. It improves operational efficiency by utilizing a specialized third-party provider to manage billing and collections, thereby reducing administrative workload on City staff. Additionally, it supports public safety objectives by strengthening the financial resources available to maintain fire and emergency response services.

Budget Impacts:

The proposed agreement utilizes a primarily contingency-based compensation model, under which the City receives approximately 78% of net revenues collected from fire incident cost recovery. The agreement also includes fixed and conditional fee components associated with inspection billing services, including a per-inspection processing fee and certain administrative charges.

All fees are either offset by associated revenue collections or passed through to the end user where applicable. While certain minimal fixed or conditional costs may be incurred, the overall program is expected to result in a net positive financial impact to the City by enhancing cost recovery efforts without requiring additional staffing or operational resources.

Legal Review:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:

Approve the services agreement between Fire Recovery USA and the City of Bishop. 20 Approved By: Ethan Aukee 4/2/2026 and Bret Russell 4/8/2026 Approved By: Robin Picken 4/8/2026
Approved By: Dean Pucci 4/8/2026
Approved By: Pam Foster 4/8/2026
21 SERVICES AGREEMENT
This Services Agreement (“Agreement”) is made effective as of __________________, 2026 (“Effective Date”), by and between FIRE RECOVERY USA, LLC, a California limited liability company (“Company”), and City of Bishop, (“Client”). The Company and Client are referred to herein individually as a “party” and collectively as the “parties.”

R E C I T A L S
WHEREAS, Company engages in the business of performing billing services (“Company Services”) for United States Fire Departments in connection with the motor vehicle incidents and other emergency incidents at which the Client provides emergency services: and WHEREAS, Client seeks the services of Company to assist with the billing for services that Client provides in connection with motor vehicle incidents and other emergency incidents; and
WHEREAS, Company engages in the business of performing billing services (“Company Services”) for fire departments in connection with fire inspections and/or permits performed by department personnel;
WHEREAS, Client seeks the services of Company to assist with the billing for services that Client provides in connection with these inspections and/or permits; and WHEREAS, Company and Client desire to enter into this Agreement to document their agreements regarding the Company Services to be provided to Client.

NOW, THEREFORE, in consideration of the mutual representations, warranties and covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company and Client agree as follows:

ARTICLE 1

ENGAGEMENT

1.1. Engagement: Client hereby engages Company to provide the Company Services described in Article 4 herein, and Client hereby accepts such engagement, all on the terms and conditions set forth herein. Company will determine the method, detail and means of performing the services detailed below.

ARTICLE 2

REPRESENTATIONS AND WARRANTIES

2.1. Representations and Warranties of Company: Company hereby represents and warrants to Client that, at all times during the term of this Agreement, Company is a limited liability company duly organized, validly existing and in good standing under the laws of the State of California.
22 2

2.2. Representations and Warranties of Client: Client hereby represents and warrants to Company that, at all times during the term of this Agreement, Client is a organized Client established pursuant to the laws and ordinances of the state in which Client is located.

ARTICLE 3

COMPANY STATUS AND QUALIFICATIONS

3.1. Independent Contractor: Company enters into this Agreement, and will remain throughout the term of the Agreement, as an independent contractor. Company agrees that it will not become an employee, partner, agent or principal of Client while this Agreement is in effect.

3.2. Payment of Income Taxes: Company is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by Client to Company for services rendered under this Agreement. On request, Company will provide Client with proof of timely payment. Company agrees to indemnify Client for any claims, costs, losses, fees, penalties, interest, or damages suffered by Client resulting from Company’s failure to comply with this provision.

3.3. Use of Employees or Subcontractors: Company may, at Company’s own expense, use any employees or subcontractors as Company deems necessary to perform the services required of Company by this Agreement. Client may not control, direct, or supervise Company’s employees or subcontractors in the performance of those services.

3.4. Qualifications: Company represents that it is qualified and has the skills necessary to perform the services under this Agreement in a competent and professional manner, without the advice or direction of Client.

3.5. Ownership Interest: Company will have no ownership interest in Client.

3.6. No Benefit Contributions: Company shall have no obligation under this Agreement to compensate or pay applicable taxes or provide employee benefits of any kind to any person employed or retained by Client.

3.7. Attorney-in-Fact: Client appoints Company as Client’s attorney-in-fact for the following purposes:
(a) Billing and Collections: To bill and collect (“Collections”) all revenue earned by and due to Client, in connection with Client’s provision of inspection and permits, and to receive all Collections on Client’s behalf and to sue for and give satisfaction for monies due on account and to withdraw any claims, suits, or proceedings pertaining to or arising out of Company’s or Client’s right to collect such amounts; and
Billing and Collections: To bill and collect (“Collections”) all revenue earned by and due to Client, in connection with Client’s provision of emergency services provided/rendered at the sites of motor vehicle incidents and other emergency incidents, and to receive all Collections on Client’s behalf and to sue for and give satisfaction for monies due on account and to withdraw any claims, suits, or proceedings pertaining to or arising out of Company’s or Client’s right to collect such amounts; and
23 3
(b) Endorsement: To take possession of and endorse in Client’s name any notes, checks, money orders, and any other instruments received as Collections.

ARTICLE 4

GENERAL RESPONSIBILITIES OF COMPANY

4.1. Minimum Amount of Service: Company agrees to devote as much time and attention to the performance of the Company Services under this Agreement as may be, in Company’s sole discretion, required to accomplish the tasks described herein to accomplish the results for which the Company is responsible under this Agreement.

4.2. Company Services: Company agrees to perform the Company Services as set forth in the “List of Company Services” attached hereto as Schedule “A” and incorporated herein by reference; including those additional services requested by Client and accepted in writing by the Company during the term of this Agreement.

4.3. Non-Exclusive Relationship: Company may represent, perform services for, and contract with as many additional clients, persons, or companies as Company, in Company’s sole discretion, sees fit.

4.4. Time and Place of Performing Work: Company may perform the services under this Agreement at any suitable time and location Company chooses.

4.5. Materials and Equipment: Company will supply all materials and equipment required to perform the services under this Agreement.

4.6. Workers’ Compensation: Company agrees to provide workers’ compensation insurance for Company and Company’s employees and agents and agrees to hold harmless and indemnify Client for any and all claims arising out of any injury, disability, or death of any of Company’s employees or agents.

4.7. Assignment: Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Company without the prior written consent of Client, which consent shall not be unreasonably withheld.

ARTICLE 5

COMPENSATION OF COMPANY

5.1. Compensation for Company Services: All Company Services provided pursuant to this Agreement will be provided in accordance with the terms, including compensation amounts and schedule of remittance, set forth in the “List of Company Services,” attached hereto as Schedule A.

5.2. The provisions of Article 11 of this Agreement will govern any dispute associated with compensation.
24 4
ARTICLE 6

OBLIGATIONS OF CLIENT

6.1. Cooperation of Client: The Client agrees to comply with all reasonable requests of Company and provide access to all documents reasonably necessary to the performance of Company’s duties under this Agreement. The Client agrees to adopt, implement and enforce policies and procedures to assure Client personnel perform the steps necessary to provide Company with a database of inspection and/or permit businesses in a format acceptable to company and to perform the inspections in a full and complete manner to facilitate the provisions of Company Services.
a.) to help Company arrange for that coverage.

6.2 Assignment: Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Client or Company without the prior written consent of the other. Once a run is assigned to Company for processing, Company will pursue collection until all efforts have been exhausted. While Company is pursuing payment on a claim Client is precluded from assigning any duties or obligations under this Agreement to any other party, without the written consent of Company. Client may not negotiate a settlement of a run Company is processing without Company’s written consent to the terms of the settlement and compensation due to Company for processing the run. Once Company has determined a run is not collectible it will either be archived and closed or sent to a collection agency (only if Client chooses to do so). Sending an account to collection incurs additional fees to Client. If payment is received from a collection agency, the amount received will be posted to Client’s account by Company. Company will reimburse Client at the rate set forth in Schedule A, List of Company Services for that particular run, minus any additional fees from the collection agency.

ARTICLE 7

CLIENT AUTHORIZATION

7.1. Authorization: Notwithstanding other provisions of this Agreement, Company shall obtain authorization from Client prior to performing any of the following:
(a) The sale conveyance, transfer, pledge exchange, assignment, hypothecation, or encumbrance of Client’s interest in any sums owed to Client; and (b) All other limitations as stated by the terms of this Agreement.

ARTICLE 8

TERMINATION OF AGREEMENT

8.1. Termination on Notice: INSPECTIONS: Notwithstanding any other provision of this Agreement, either party may terminate this Agreement at any time by giving sixty days (60) written notice to the other party. Unless earlier terminated as set forth below, this Agreement shall be effective as of the date first set out above and shall continue for a period of three (3) year thereafter. This Agreement shall automatically renew for successive one (1) year periods, unless either party provides written notification to the other party of its decision not to renew this Agreement. EMERGENCY INCIDENTS: Notwithstanding any other provision of this Agreement, either party may terminate this Agreement at any time by giving thirty days (30) written notice to the other party. Unless earlier terminated as set forth below, this Agreement shall be effective as 25 5
of the date first set out above and shall continue for a period of one (1) year thereafter. This Agreement shall automatically renew for successive one (1) year periods, unless either party provides written notification to the other party of its decision not to renew this Agreement. Any runs submitted for processing to Company prior to the date of the notice of termination will continue to be processed under the terms of the List of Company Services set forth in this Agreement.

8.2. Termination on Occurrence of Stated Events: This Agreement will terminate automatically on the occurrence of any of the following events; (a) Bankruptcy or insolvency of either party;
(b) The assignment of this Agreement by either party without the consent of the other party; the parties agree that neither party will unreasonably withhold consent to such an assignment.

8.3. Termination for Default: If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non-breaching party may terminate this Agreement by giving written notification to the breaching party. Termination will take effect immediately on receipt of notice by the breaching party or five days (5) after mailing of notice, whichever occurs first. For the purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following:
(a) Company’s failure to complete the services specified in the Description of Services;
(b) Client’s material breach of any representation, warranty or agreement contained in this Agreement;
(c) Company’s material breach of any representation, warranty or agreement contained in this Agreement;
(d) Client’s failure to make payments as described in Schedule A Section 7. (d) (e) If the Fire Department does not maintain a minimum of 6 billable runs per year, the Fire Department will be subject to a minimum account service fee of $250 annually or termination of the account.

ARTICLE 9

PROPRIETARY RIGHTS

9.1. Confidential Information: Any written, printed, graphic, or electronically or magnetically recorded information furnished by Client for Company’s use are the sole property of Client. This proprietary information includes, but is not limited to, customer requirements, customer lists, marketing information, and information concerning the Client’s employees, products, services, prices, operations, and subsidiaries. Company will keep this confidential information in the strictest confidence, and will not disclose it by any means to any person except with the Client’s approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to Company’s employees, agents, and subcontractors. 26 6
On termination of this Agreement, Company will return any confidential information in Company’s possession to Client.

9.2 Confidential Information: Any written, printed, graphic, electronically or magnetically recorded information, computer-based hardware, software, applications, software scripts, or software links furnished by Company for Client’s use are the sole property of Company. This proprietary information includes, but is not limited to, customer requirements, customer lists, marketing information, and information concerning the Company’s employees, products, services, prices, operations, and subsidiaries. Client will keep this confidential information in the strictest confidence, and will not disclose it by any means to any person except with the Company’s approval, and only to the extent necessary to perform the services under this Agreement. This prohibition also applies to Client’s employees, agents, and subcontractors. On termination of this Agreement, Client will return any confidential information in Client’s possession to Company.

9.3 Artificial Intelligence: The Company hereby provides explicit disclosure that it incorporates Artificial Intelligence (AI) within its proprietary software to enhance and perform various aspects of the "Company Services" as defined and provided under this Agreement. This integration is made for purposes of transparency and includes AI functionalities for data processing and information extraction, such as reading and parsing incident narratives, department ordinances, and fee schedules to obtain billing information or highlight billable actions. Furthermore, AI is utilized to support invoice generation, address cleanup and validation for data management, customer assistance and product support, and document creation. AI also assists in communication by processing phone conversations and aiding in customer correspondence via email or the Company's ticketing system, and contributes to reporting and analytics. Internally, AI is employed for aspects of software development, including code creation, quality control, and product testing. The Company explicitly states its commitment to ensuring its AI practices are responsible, ethical, and subject to continuous evaluation and improvement to align with Client needs and expectations.

ARTICLE 10

INDEMNIFICATION

10.1. Indemnification: To the extent permitted by applicable law, the Company will indemnify and hold the Client harmless from and against any and all loss, damage, liability, claims and/or injury resulting from all actions performed by the Company, or its agents on the Company’s behalf, in connection with this Agreement. However, this indemnification shall not apply with respect to any legal cause, action or consequential liability or losses as a result from inaccurate or incomplete information or unfounded or unreasonable submissions furnished to the Company by the Client nor shall it apply to any act, omission or negligence of the Client.

ARTICLE 11

GENERAL PROVISIONS

11.1. Governing Law: This Agreement shall be governed in all respects by the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction that would cause the application of the laws of any jurisdiction other that the State of California). 27 7

11.2. Entire Agreement: This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understanding of the parties.

11.3. Successors and Assigns: Except as otherwise provided herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors and administrators of the parties hereto. No party may assign any of its rights or obligations hereunder without the express written consent of the other party hereto, which consent may not be unreasonably withheld; provided, however, any party may assign any and all of its rights and interests hereunder to one or more of its affiliates and designate one or more of its affiliates to perform its obligations hereunder; provided, however, that such party remains liable for full and total performance of its obligations hereunder.

11.4. Notices: Any notices authorized to be given hereunder shall be in writing and deemed given, if delivered personally or by overnight courier, on the date of delivery, if a Business Day, or if not a business day, on the first Business Day following delivery, or if mailed, three days after mailing by registered or certified mail, return receipt requested, and in each case, addressed, as follows:

If to the Company to:

Fire Recovery USA, LLC
2271 Lava Ridge Court, Suite 120
Roseville CA 95661
Attention: Craig Nagler
If to Client to:

City of Bishop
209 W Line St
Bishop, CA 93514
Attention: ______________
with a copy to:

The Watkins Firm, APC
9915 Mira Mesa Boulevard, Suite 130
San Diego, CA 92131
Attention: Chris Popov, Esq.
with a copy to:
_______________________
_______________________
_______________________
Attention: ______________
Or, if delivered by telecopy, on a Business Day before 4:00 PM local time of addressee, on transmission confirmed electronically, or if at any other time or day on the first Business Day succeeding transmission confirmed electronically, to the facsimile numbers provided above, or to such other address or telecopy number as any party shall specify to the other, pursuant to the foregoing notice provisions. When used in this Agreement, the term “Business Day” shall mean a day other than a Saturday, Sunday or a Federal Holiday.

11.5. Waiver; Amendments: This Agreement, and the Transaction Documents, (i) set forth the entire agreement of the parties respecting the subject matter hereof, (ii) supersede any prior and contemporaneous understandings, agreements, or representations by or among the parties, written or oral, to the extent they related in any way to the subject matter hereof, and (iii) may not be amended orally, and no right or obligation of any party may be altered, except as expressly set forth in a writing signed by such party.

11.6. Counterparts: This Agreement may be signed in several counterparts. 28 8

11.7. Expenses: Each party shall bear its own expenses incurred with respect to the preparation of this Agreement and the consummation of the transactions contemplated hereby.

11.8. Arbitration:
(a) If at any time there shall be a dispute arising out of or relating to any provision of this Agreement, any Transaction Document or any agreement contemplated hereby or thereby, such dispute shall be submitted for binding and final determination by arbitration in accordance with the regulations then obtaining of the American Arbitration Association. Judgment upon the award rendered by the arbitrator(s) resulting from such arbitration shall be in writing, and shall be final and binding upon all involved parties. The site of any arbitration shall be at a site agreed to by the parties and the arbitration decision can be enforced in a “court of competent jurisdiction”.
(b) This arbitration clause shall survive the termination of this Agreement, any Transaction Document and any agreement contemplated hereby or thereby.

11.9. Waiver of Jury Trial; Exemplary Damages: THE PARTIES HERETO HEREBY

WAIVE THEIR RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT. NO PARTY SHALL BE

AWARDED PUNITIVE OR OTHER EXEMPLARY DAMAGES RESPECTING ANY DISPUTE

ARISING UNDER THIS AGREEMENT OR ANY TRANSACTION DOCUMENT CONTEMPLATED HEREBY.

11.10 Cooperative Purchases: This Agreement may be used by other government agencies. Company has agreed to offer similar services to other agencies under the same or similar terms and conditions as stated herein except that the revenue share percentage (Compensation) may be negotiated between the Company and other agencies based on the specific revenue expectations, agency reimbursed costs, and other agency requirements. The Client/County/or Client/Protection District will in no way whatsoever incur any liability in relation to specifications, delivery, payment, or any other aspect of purchase by other agencies.

Signatures on following page:
29 9
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above.

COMPANY:

FIRE RECOVERY USA, LLC.
a California limited liability company
By: ______________________________________
Name: M. Craig Nagler
Title: CEO
CLIENT:

City of Bishop
By: ______________________________________
Name: ____________________________________
Title: _____________________________________
30 1

SCHEDULE A

LIST OF COMPANY SERVICES

1. Company agrees to bill the responsible party on the Client’s behalf for fire inspection and/or permit services rendered by the Client and recorded and processed by Company. The inspection and/or permit fees are listed in EXHIBIT A, but may change over time. Client will provide notice to Company of changes to its fee schedule.

2. provided/rendered during motor vehicle incidents and other emergency incidents. The Mitigation Rates lists in Exhibit A will increase annually based on the annual percentage increase in the Consumer Price Index (CPI), as developed by the Bureau of Labor Statistics of the U.S.

Department of Labor. Rate adjustments will occur to keep the fire department's cost recovery program in conformity with increasing operating expenses.

3. Company will provide, as a normal matter of business; processing and invoicing of inspections and/or permits and submission to the responsible party for payment, receipts of monies deemed due to the Client, payments of the agreed upon amounts of said monies to Client, and reporting of progress via RecoveryHub. Company will provide, as a normal matter of business; entry of claims and submission to the responsible party, collections of monies deemed due to the Client, payments of the agreed upon percentage of said monies to Client, and reporting of progress.

4. Company agrees to bill to the best of its ability all inspections and/or permits and all claims provided to Company by the Client.

5. Company agrees to remit to Client the full amount collected for each inspection less a processing fee of Eighteen dollars and Ninety-five cents ($18.95) for each paid inspection. Company will also collect Fifty Percent (50%) of any late fee assessed by the Client and paid by the inspection client as compensation for Company’s billing efforts. If paid by credit card, a credit card fee of 3% will be passed along to the customer as a "convenience fee".

6. Company agrees to reimburse Client a portion of the monies collected at a rate of 78% (seventyeight percent) of the total monies collected on the Client’s claims. Total monies collected will be net, after any credit card processing fees (charged at 4%) or any collection agency fees. If Client submits a claim to Company and later wants to cancel the claim, Client may be subject to a billing fee. If Client agrees to submit a claim to Company’s collection agency and later wants to remove it from collection status, Client may be subject to a fee of up to 35% of the amount of the claim to compensate for efforts made to collect the claim.

7. Company agrees to pay these monies collected to the Client on a monthly basis, within seven (7) working days after the close and accounting of the monthly billing cycle.

8. Company agrees to make reports available via RecoveryHub, a password protected website, for the Client which will set forth the status of all inspections and/or permits and provide an accounting of all payments and amounts due the Client under the terms of this Agreement.

9. Company will not be responsible for, nor accept any liability for, any erroneous, invalid, or illegal inspections or permits performed by Client.

10. Parties acknowledge a critical component to the success of the billing effort is the acquisition by the Client of the necessary contact information for the responsible party at each inspection and/or permit location to whom the invoice will be sent. The Client agrees to obtain, for each business location, the e-mail address and telephone number for the responsible party for payment. If the Client does not maintain an 80% success rate for obtaining accurate contact information, the 31 2
Company reserves the right to charge a fifteen-dollar ($15) processing charge for attempting to identify the responsible party, whether that effort is successful or not. If this fee is charged by the Company the total fee for each month will be documented and subtracted from the monthly payment set forth in 4, above.

11. Client will, to the extent it deems appropriate and necessary, expend the resources and take the required actions to obtain payment for all invoices that remain unpaid after 60 days of the invoice date and arrange for those payments to be forwarded to the Company for processing under the terms of this Agreement.
32 3

EXHIBIT A

MITIGATION RATES

BASED ON PER HOUR
The mitigation rates below are average “billing levels”, and are typical for the incident responses listed, however, when a claim is submitted, it may be itemized and based on the actual services provided.

These rates are based on actual costs using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance). Labor rates include an average department’s actual burdened labor costs and not just a firefighter's wage. These include wages, retirement, benefits, workers comp, etc.

MOTOR VEHICLE INCIDENTS
Level 1 - $637.00
Provide hazardous materials assessment and scene stabilization. This will be the most common “billing level”. This occurs almost every time the fire department responds to an accident/incident.

Level 2 - $726.00
Includes Level 1 services as well as clean up and material used (sorbents) for hazardous fluid clean up and disposal. We will bill at this level if the fire department has to clean up any gasoline or other automotive fluids that are spilled as a result of the accident/incident.

Level 3 – CAR FIRE - $886.00
Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, tip use, foam, structure protection, and clean up gasoline or other automotive fluids that are spilled as a result of the accident/incident.

ADD-ON SERVICES:

Extrication - $1,915.00
Includes heavy rescue tools, ropes, airbags, cribbing etc. This charge will be added if the fire department has to free/remove anyone from the vehicle(s) using any equipment. We will not bill at this level if the patient is simply unconscious and fire department is able to open the door to access the patient. This level is to be billed only if equipment is deployed.

Creating a Landing Zone - $584.00
Includes Air Care (multi-engine company response, mutual aid, helicopter). We will bill at this level any time a helicopter landing zone is created and/or is utilized to transport the patient(s). 33 4
Itemized Response: You have the option to bill each incident as an independent event with custom mitigation rates, for each incident using, itemized rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus, per personnel, plus products and equipment used.

HAZMAT
Level 1 - $1,029.00
Basic Response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, set-up and command.

Level 2 - $3,673.00
Intermediate Response: Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set-up and command, Level A or B suit donning, breathing air and detection equipment. Set-up and removal of decon center.

Level 3 – $8,673.00
Advanced Response: Claim will include engine response, first responder assignment, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, first responder set-up and command, Level A or B suit donning, breathing air and detection equipment and robot deployment. Set-up and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene. Includes 3 hours of on scene time - each additional hour @ $391.00 per HAZMAT team.

FIRES
Assignment - $585.00 per hour, per engine / $732.00 per hour, per truck Includes:
• Scene Safety
• Investigation
• Fire / Hazard Control
This will be the most common “billing level”. This occurs almost every time the fire department responds to an incident.

OPTIONAL: A fire department has the option to bill each fire as an independent event with custom mitigation rates.

Itemized, per person, at various pay levels and for itemized products use. 34 5

ILLEGAL FIRES
Assignment - $585.00 per hour, per engine / $732.00 per hour, per truck When a fire is started by any person or persons that requires a fire department response during a time or season when fires are regulated or controlled by local or state rules, provisions or ordinances because of pollution or fire danger concerns, such person or persons will be liable for the fire department response at a cost not to exceed the actual expenses incurred by the fire department to respond and contain the fire. Similarly, if a fire is started where permits are required for such a fire and the permit was not obtained and the fire department is required to respond to contain the fire the responsible party will be liable for the response at a cost not to exceed the actual expenses incurred by the fire department. The actual expenses will include direct labor, equipment costs and any other costs that can be reasonably allocated to the cost of the response.

WATER INCIDENTS
Level 1
Basic Response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, first responder set-up and command, scene safety and investigation (including possible patient contact, hazard control). This will be the most common “billing level”. This occurs almost every time the fire department responds to a water incident.

Billed at $600 plus $72 per hour, per rescue person.

Level 2
Intermediate Response: Includes Level 1 services as well as clean up and material used (sorbents), minor hazardous clean up and disposal. We will bill at this level if the fire department has to clean up small amounts of gasoline or other fluids that are spilled as a result of the incident.

Billed at $1,205 plus $72 per hour, per rescue person.

Level 3
Advanced Response: Includes Level 1 and Level 2 services as well as D.A.R.T. activation, donning breathing apparatus and detection equipment. Set up and removal of decon center, detection equipment, recovery and identification of material. Disposal and environment clean up. Includes above in addition to any disposal rates of material and contaminated equipment and material used at scene.

Billed at $2,984 plus $72 per hour per rescue person, plus $140 per hour per HAZMAT team member.

Level 4
Itemized Response: You have the option to bill each incident as an independent event with custom mitigation rates for each incident using itemized rates deemed usual, customary and 35 6
reasonable (UCR). These incidents will be billed, itemized, per trained rescue person, plus rescue products used.

BACK COUNTRY OR SPECIAL RESCUE
Itemized Response: Each incident will be billed with custom mitigation rates deemed usual, customary and reasonable (UCR). These incidents will be billed, itemized per apparatus per hour, per trained rescue person per hour, plus rescue products used.

Minimum billed $600 plus $72 per hour, per rescue person. Additional rates of $600 per hour per response vehicle and $72 per hour per rescue person.

CHIEF RESPONSE
This includes the set-up of Command and providing direction of the incident. This could include operations, safety, and administration of the incident.

Billed at $367 per hour.

MISCELLANEOUS / ADDITIONAL TIME ON-SCENE
ADDITIONAL TIME ON-SCENE (for all levels of service)
Engine billed at $585 per hour.

Truck billed at $794per hour.

Command at $367 per hour
Miscellaneous equipment billed at $440.

MITIGATION RATE NOTES
The mitigation rates above are average “billing levels” for one hour of service, and are typical for the incident responses listed, however, when a claim is submitted, it may be itemized and based on the actual services provided.

These average mitigation rates were determined by itemizing costs for a typical run (from the time a fire apparatus leaves the station until it returns to the station) and are based on the actual costs, using amortized schedules for apparatus (including useful life, equipment, repairs, and maintenance) and labor rates (an average department’s “actual personnel expense” and not just a firefighter's basic wage). The actual personnel expense includes costs such as wages, retirement, benefits, workers comp, insurance, etc.
36 7

EXHIBIT A

CLIENT INSPECTION FEE SCHEDULE
(See Following Pages)
37 Agenda Item: 9.B
Date of Meeting: April 13, 2026
Department: Police
To: City Council
From: Nate Derr
Subject: Authorization to Purchase TruNarc Raman Spectrometer for Preliminary Drug Identification
Prepared On: March 23, 2026
Attachments: Silent 6 quote
Safe ware quote
Thermo Fisher Quote

ESPINOZA KELLY FINDINGS

STAFF REPORT
Background/History:

The Bishop Police Department regularly encounters controlled substances during investigations, traffic stops, probation searches, and narcotics-related incidents. Historically, law enforcement agencies used field test kits which require officers to physically handle suspected narcotics and chemically mix substances to produce a color reaction indicating the possible presence of drugs.

However, the nature of illicit narcotics has significantly changed in recent years. Many substances now encountered in the field include:

Fentanyl
Carfentanil
Synthetic opioids
Synthetic stimulants
Drug mixtures containing unknown cutting agents
These substances can pose serious health risks to officers if inhaled or absorbed through accidental exposure.

Because of these risks, many law enforcement agencies—including the Bishop Police Department—have moved away from traditional physical field testing methods due to the potential for accidental exposure to dangerous substances such as fentanyl.

As a result, officers often must rely solely on laboratory confirmation, which can delay investigations and court proceedings.
38 Analysis/Discussion:

The TruNarc Raman Spectrometer is a handheld device designed specifically for law enforcement use. It identifies suspected narcotics using Raman spectroscopy, a technology that analyzes the molecular structure of a substance using a laser.

Key safety advantages include:

Non-contact testing
Ability to scan substances through plastic bags, glass containers, or packaging Eliminates the need to open or handle unknown powders
Reduces risk of fentanyl exposure
Provides results in seconds
This significantly improves officer safety compared to traditional field testing kits.

Improved Investigations and Evidence Development
The TruNarc device contains a large on-board library of narcotics and controlled substances, allowing officers to rapidly identify substances such as:

Methamphetamine
Cocaine
Heroin
Fentanyl and fentanyl analogs
MDMA and synthetic drugs
Prescription narcotics
The device generates a digital report identifying the substance, which can be used as preliminary evidence during investigations and prosecution.

Laboratory testing would still be used when required for final confirmation, but the TruNarc allows officers to:

Quickly establish probable cause
Support arrests and search warrants
Document evidence in reports
Provide preliminary identification for prosecutors
Support for Enforcement Under Proposition 36
Recent changes in California law, including Proposition 36, have strengthened tools available to law enforcement and prosecutors to address drug-related offenses.

The ability to rapidly and safely identify narcotics in the field allows officers to:

Apply new enforcement authorities provided under the law Develop stronger cases for prosecution
39 Reduce delays in charging decisions
Remove dangerous narcotics from circulation more efficiently This technology will help the department keep drugs off the streets and improve community safety.

Use by Law Enforcement Agencies Nationwide
The TruNarc Raman Spectrometer is widely used by:

Local police departments
State law enforcement agencies
Federal agencies
Customs and border protection
Drug task forces
The device has a proven track record in law enforcement investigations and is designed specifically to meet evidentiary and operational needs in the field.

Impacts to Council Goals and Strategic Planning Priorities:

The purchase of a TruNarc Handheld Raman Spectrometer directly supports the City Council’s Strategic Plan, specifically Objective 4.6: Modernize workflows and implement modern policing techniques to improve operational efficiency and service delivery.

Modern policing requires agencies to adapt to evolving challenges, including the increasing prevalence of synthetic narcotics such as fentanyl and other dangerous substances.

Traditional narcotics field testing methods require officers to physically handle suspected drugs, which presents safety risks and can slow investigative workflows.

The TruNarc device modernizes the department’s narcotics identification process by utilizing advanced Raman spectroscopy technology to safely and rapidly identify suspected controlled substances without opening or directly handling the material. This technology allows officers to scan substances through packaging and receive results in seconds.

Budget Impacts:

The purchase of the TruNarc Handheld Raman Spectrometer was previously approved by the City Council as part of the Bishop Police Department Fiscal Year 2025–2026 adopted budget for equipment modernization and officer safety.

The total cost for the device from the lowest responsive bidder, Thermo Fisher Scientific, is $36,366.00, which includes a three-year warranty and training package.

Funding for this purchase will be partially offset through $30,000.00 in pre-approved AB109 funding.

The remaining $6,366.00 will be funded through the Police Department’s FY 2025–2026 COPS operating budget, which was also approved as part of the adopted fiscal year budget. 40 Because the purchase was anticipated and included in the adopted FY 2025–2026 budget, no additional appropriation or budget amendment is required.

Legal Review:

City Attorney Pucci has reviewed this item and finds it complies with the law.

Recommended Action:

Staff recommends that the City Council authorize the Bishop Police Department to purchase one TruNarc Handheld Raman Spectrometer for the safe, non-contact preliminary identification of suspected narcotics and controlled substances, and approve the purchase from the lowest responsive bidder, Thermo Fisher Scientific, at a cost not to exceed $40,000.00.

In accordance with the City’s purchasing policy, the department obtained three quotes for comparable narcotics identification devices:

Thermo Fisher Scientific – TruNarc Raman Spectrometer
3-year warranty and training included: $36,366.00
Safeware – TruNarc Raman Spectrometer
3-year warranty and training included: $46,586.29
Silent 6 – TacticID Raman Spectrometer
2-year warranty and training included: $46,553.05
The Thermo Fisher Scientific quote represents the lowest responsive bid and includes a threeyear warranty and training package.

Funding for this purchase will be partially offset by $30,000 in previously approved AB109 reimbursable funding 001-020-54024, with the remaining balance funded through the Police Department’s COPS budget allocation 033-033-52018.

Approved By: Ethan Aukee 3/26/2026
Approved By: Robin Picken 4/7/2026
Approved By: Pam Foster 4/8/2026
Approved By:
41 Estimates expire after 30 days unless noted otherwise. Credit Card Transactions incur an additional 2.99% processing fee. ACH transfer fees are waived. If shipping costs are not reflected on estimate, please note that shipping costs will be added to invoice based on actual shipping costs.

Silent 6 LLC
10400 W. Overland RD STE 142
Boise, ID 83709
+12085709656
[email protected]
www.silent6.net

ADDRESS SHIP TO
Sgt Brian Hohenstein
Bishop Police Department
207 West Line Street
Bishop, CA 93514
Sgt Brian Hohenstein
Bishop Police Department
207 West Line Street
Bishop, CA 93514
Estimate 1902A
DATE 10/17/2025

PRODUCT DESCRIPTION QTY RATE AMOUNT
TacticID1064ST
Basic
Package
TacticID-1064 ST Basic Package
The TacticID®-1064 ST is a 1064 nm handheld Raman
analyzer
for rapid field identification of explosives, narcotics, and other
suspicious materials. The see-through capability of the TacticID-1064 ST can nondestructively analyze
samples
through opaque and transparent packaging, with
sample
threat level displayed prominently for first responders to act quickly with
minimal sample contact.

Metrohm TacticID-1064ST Basic package includes the
SeeThrough Attachment, General Attachment, Polystyrene Attachment, Rugged Carry Case, cables, power supply,
and
laser safety goggles.
1 40,104.00 40,104.00T
607509050
Smart
Attachment
Right Angle
Adapter
TacticID-1064 ST right-angle adapter for hands-free
measurements
1 813.00 813.00T
66079010 -
Metrohm
Illicit and
General
Chemicals
Library
Metrohm Illicit and General Chemicals Raman Library
for the
Metrohm TacticID-1064 ST includes drugs, TICs, TIMs,
precursors, and general chemicals
1 0.00 0.00T
42 Estimates expire after 30 days unless noted otherwise. Credit Card Transactions incur an additional 2.99% processing fee. ACH transfer fees are waived. If shipping costs are not reflected on estimate, please note that shipping costs will be added to invoice based on actual shipping costs.

PRODUCT DESCRIPTION QTY RATE AMOUNT
Metrohm
SERRAMH1110
Standard
Plus
Startup
Support

OPTIONAL BUT NOT REQUIRED
Replaces the free Standard Startup Support plan
Standard Plus S&D Startup Support for one of the
following devices: MIRA XTR DS, TacticID-N Plus,
TacticID Mobile, TacticID-1064 ST, TacticID-N Plus
provided by Metrohm USA
• Detailed instrument certification at time of shipping • Onsite user training for up to 6 users following
software self-install
• Unlimited access to online user training materials – 2 years
• Technical support, repairs, to/from shipping – 2 years • Unlimited reachback support – 2 years
• Self-installed software/library updates – 2 years
• 25% discount on annual instrument recertification in
year 2
1 3,185.00 3,185.00T
66079070 -
Explosives
library for
new
TacticID1064 ST
OPTIONAL:

TDL-EXP: Explosives library for new TacticID-1064 ST
1 205.40 205.40T
Credit Card purchase not authorized for this estimate.

If you would like to proceed with the purchase, please approve this estimate and let us know if you would like to pay up front or if you will be providing a purchase order.

All warranties, repairs, service and support are provided by the manufacturer of the products and are not the responsibility of Silent 6 LLC.

SUBTOTAL 44,307.40
DISCOUNT -1,500.00
TAX 3,745.65
TOTAL $46,553.05
Accepted By Accepted Date
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 Agenda Item: 9.C
Date of Meeting: April 13, 2026
Department: Police
To: City Council
From: Nate Derr
Subject: Purchase of 3D Forensic Crime Scene Scanner
Prepared On: March 24, 2026
Attachments: Faro Quote
Leica Quote
Artec Ray II Quote

STAFF REPORT
Background/History:

The Police Department currently relies on traditional measurements, photographs, and diagramming techniques when documenting crime scenes and traffic collisions. While effective, these methods are time-consuming and can require extended roadway closures during serious collisions or major incidents.

Modern 3D forensic laser scanners create highly accurate digital models of a scene by capturing millions of measurement points using laser technology. The resulting digital reconstruction allows investigators to examine and measure the scene after it has been cleared, preserving evidence and scene geometry with a high degree of accuracy.

These systems are widely used by major law enforcement agencies, including California Highway Patrol Major Accident Investigation Teams (MAIT/MET), and have become an industry standard for documenting serious collisions and complex crime scenes. This would be a regionally used device as no Department in the Eastern Sierra current has a scanner available.

In addition to law enforcement use, the scanner can also support other City departments.

Potential uses include:
• Surveying intersections and roadway grades
• Documenting infrastructure conditions
• Supporting Public Works engineering and planning projects • Mapping accident-prone locations for safety improvements This cross-departmental capability increases the overall value of the investment. 58 Analysis/Discussion:

The use of three-dimensional forensic laser scanning technology has become increasingly common among law enforcement agencies responsible for investigating serious traffic collisions and complex crime scenes. These systems allow investigators to capture highly accurate spatial data using laser measurements, creating a permanent digital reconstruction of the scene that can be examined and measured long after the scene has been cleared.

Currently, officers rely primarily on traditional methods of scene documentation, including photographs, manual measurements, and hand-drawn diagrams. While these methods remain valuable investigative tools, they can be time-consuming and often require investigators to remain on scene for extended periods of time to ensure that all measurements and evidence locations are properly documented.

For major traffic collisions, extended documentation times can result in prolonged roadway closures, creating impacts to traffic flow, emergency response routes, and public safety. By utilizing a 3D laser scanning system, investigators can capture millions of measurements in a matter of minutes, significantly reducing the amount of time required to document a scene.

Once the digital scan is complete, the roadway can be reopened while investigators continue their analysis later using the captured data.

This technology is widely used by major investigative agencies, including the California Highway Patrol Major Accident Investigation Teams (MAIT/MET), as well as regional crash reconstruction teams and forensic units across the country. The ability to produce highly accurate digital reconstructions improves the quality of collision reconstruction analysis and provides clear visual documentation that can be presented in court proceedings.

In addition to collision investigations, the scanner can be used to document serious crime scenes where precise measurements and spatial relationships are critical. The resulting digital models allow investigators to revisit the scene virtually, take additional measurements, and produce detailed diagrams and visualizations without needing to return to the original location.

Another benefit of the technology is its ability to support interdepartmental collaboration. The data collected by these systems can also be used by other City departments, including Public Works, for surveying intersections, analyzing roadway geometry, documenting infrastructure conditions, and supporting engineering projects. This multi-departmental application increases the overall value of the investment and aligns with the City's strategic goal of maximizing the utility of municipal technology investments.

The purchase of a forensic laser scanner was previously identified during the City's strategic planning process for Fiscal Year 2025/2026 and is consistent with Strategic Plan Goal 4.6, which focuses on implementing modern technology to improve operational efficiency and service delivery. Adoption of this technology will allow the Police Department to modernize investigative capabilities, improve documentation accuracy, enhance officer safety, and reduce impacts to the public during major incidents.

Overall, the implementation of this system represents a forward-looking investment that supports evidence-based investigations, improves operational efficiency, and aligns with current best practices in public safety agencies.

Impacts to Council Goals and Strategic Planning Priorities:
59 This purchase directly supports Strategic Plan Goal 4.6, which focuses on implementing modern technology and tools that improve operational effectiveness, investigative capability, and service delivery.

This project was identified and pre-approved during the FY 2025/2026 strategic planning process as a priority investment to enhance investigative capabilities and improve operational efficiency.

Budget Impacts:

Funding for the purchase of the 3D forensic laser scanning system is already included in the Fiscal Year 2025/2026 Capital Equipment budget for the Police Department. As a result, approval of this purchase will not require any additional appropriation or budget amendment.

In accordance with the City’s purchasing policy, the Police Department obtained three quotes for comparable forensic laser scanning systems:

Vendor Quote Amount
Faro $69,284.72
Leica Geosystems $100,348.42
Indicate Artec-ray $103,800.00
Faro Technologies represents the lowest responsive quote and meets the operational requirements for forensic scene documentation.

The total cost of $69,284.72 will be funded through the Police Department Capital Equipment budget line for FY 2025/2026, which was previously approved as part of the City's adopted budget.

This includes a 3 year Zone 3 expert ($4,994.00) and 3 year Scene ($5,354.00) subscription.

Because the project was identified and approved during the City’s strategic planning process, the purchase aligns with planned capital investments and supports Strategic Plan Goal 4.6, which emphasizes the adoption of modern technology to improve operational efficiency and investigative capabilities.

Legal Review:

City Attorney Pucci has reviewed this item and finds it complies with the law.

Recommended Action:

City Council authorization to purchase a 3D forensic laser scanner system from FARO Technologies Inc. in an amount not to exceed $70,000.00.

Approved By: Ethan Aukee 3/26/2026
Approved By: Robin Picken 4/7/2026
Approved By: Pam Foster 4/8/26
Approved By:
60 FARO Technologies Inc., 125 Technology Park, Lake Mary FL 32746-6204 Check Payments:

FARO Technologies, Inc.

PO Box 116908
Atlanta, GA 30368-6908
Electronic Payments:

FARO Technologies, Inc.

ABA: 061000104
Swift Nbr: SNTRUS3A
USD Account #: 1000009578609
Phone No: 407-333-9911
www.faro.com
Nasdaq: FARO
Confidential 1
Notes:

UNIT COSTS
ITEM NO. DESCRIPTION QTY UNIT PRICE DISCOUNT TOTAL AMOUNT LS9-PU-TAA FARO Focus Premium 200m USA
TAA
Ships with: scanner head, Status
Indicator, Quick Release, Battery,
Power Dock , Power Supply, 64GB SD
card, transport case, calibration
certificate, quick start guide,
manufacturer warranty
1 $ 52,499 $ 10,500 $ 41,999
ACCS-PWR-0014 Focus Battery Power Block
Power Block battery for Focus laser
scanner and Freestyle.
1 $ 652 $ 98 $ 554
Account Manager: Chris Taylor
Email: [email protected]
Sales Support: Ainel Grana
Contact Person: Robin Ludovico
Quotation No: 02203300
Quotation Date: 02/21/2025
Expiration Date: 03/23/2025
Lead Time: 2-6 weeks
Bill To: Ship To:

Bishop Police Department
207 W Line St
Bishop,CA,93514-3497
US
Bishop Police Department
Bishop,United States
207 W Line St
Bishop,CA,93514-3497
US
Ship: Standard/Ground
Payment Terms: immediate payment
Delivery Terms: Ex Works
FARO Technologies Inc
125 Technology Park, Lake Mary FL
32746-6204
Phone No: 407-333-9911
61 Continued
Quotation No: 02203300
FARO Technologies Inc., 125 Technology Park, Lake Mary FL 32746-6204 Check Payments:

FARO Technologies, Inc.

PO Box 116908
Atlanta, GA 30368-6908
Electronic Payments:

FARO Technologies, Inc.

ABA: 061000104
Swift Nbr: SNTRUS3A
USD Account #: 1000009578609
Phone No: 407-333-9911
www.faro.com
Nasdaq: FARO
Confidential 2
ACCSS8032 Standard Carbon Fiber Tripod
Carbon fiber tripod, super lightweight,
highly stable, low-vibration,
customized for Focus scanners for
perfect performance and increased
durability.
1 $ 1,390 $ 208 $ 1,182
TR-BL-SCN-POS Scanner Training - Facility POS
Blended Learning Training combines
flexible online modules with
interactive face-to-face sessions for a
comprehensive educational
experience. Course includes the
principles of Scanner operation,
setup, and basic measurements and
software. Classroom trainings are
scheduled on a first come first served
basis. Classes can be cancelled within
two weeks of the scheduled date if
sufficient enrollment is not met. Point
of Sale training includes up to 2
persons for online course and 2 day
classroom session.
1 $ 0 $ 0 $ 0
SV2-SCN-Y3 FOCUS Premium Complete CareYear 3
Complete care coverage for Focus
Premium scanners. Includes parts and
labor for repairs and annual cleaning
and calibration. Covers through year 3
from point of sale.
1 $ 5,618 $ 843 $ 4,775
62 Continued
Quotation No: 02203300
FARO Technologies Inc., 125 Technology Park, Lake Mary FL 32746-6204 Check Payments:

FARO Technologies, Inc.

PO Box 116908
Atlanta, GA 30368-6908
Electronic Payments:

FARO Technologies, Inc.

ABA: 061000104
Swift Nbr: SNTRUS3A
USD Account #: 1000009578609
Phone No: 407-333-9911
www.faro.com
Nasdaq: FARO
Confidential 3
ACCSS8063 High Resolution Panocam
High resolution panorama camera for
FARO® ScanPlan, records 360°
images in high resolution and high
quality, still image resolution 6720 x
3360
1 $ 1,657 $ 249 $ 1,408
ACCS-0016 Panocam Mount
High Speed Color Add-On mount to
connect a high-resolution panoramic
camera with the accessory bay of a
FARO Focus laser. Panoramic camera
not included.
1 $ 599 $ 90 $ 509
SSA51007-3Y FARO Zone 3D Expert SUB 3Y
Contract Date: 02/21/2025 - 02/21/2028
1 $ 5,875 $ 881 $ 4,994
SSA0900-3Y SCENE Subscription 3 years
SCENE Subscription 3 year New
License Includes standard
maintenance for three years. License
containers sold separately.

Contract Date: 02/21/2025 - 02/21/2028
1 $ 6,299 $ 945 $ 5,354
TR-FZ3-O FAROZone Onsite Training
FARO Zone 3-day onsite instructor
lead training. Priced per class, class
size limited to 4 persons. NOTE:

Training will expire if not taken within
90-days of purchase.
1 $ 5,274 $ 791 $ 4,483
63 Continued
Quotation No: 02203300
FARO Technologies Inc., 125 Technology Park, Lake Mary FL 32746-6204 Check Payments:

FARO Technologies, Inc.

PO Box 116908
Atlanta, GA 30368-6908
Electronic Payments:

FARO Technologies, Inc.

ABA: 061000104
Swift Nbr: SNTRUS3A
USD Account #: 1000009578609
Phone No: 407-333-9911
www.faro.com
Nasdaq: FARO
Confidential 4

RECURRING COSTS
ITEM NO. DESCRIPTION YRS ANNUAL PRICE DISCOUNT SUBTOTAL Total Unit Price: $ 79,863.00
Total Recurring Costs: $ 0.00
Total Discount: -($ 14,605.00)
Sub Total: $ 65,258.00
Shipping & Handling: $ 32.17
Total Excluding Tax: $ 65,290.17
Total Taxes: $ 3,994.55
Total Due: (USD) $ 69,284.72
64 Continued
Quotation No: 02203300
FARO Technologies Inc., 125 Technology Park, Lake Mary FL 32746-6204 Check Payments:

FARO Technologies, Inc.

PO Box 116908
Atlanta, GA 30368-6908
Electronic Payments:

FARO Technologies, Inc.

ABA: 061000104
Swift Nbr: SNTRUS3A
USD Account #: 1000009578609
Phone No: 407-333-9911
www.faro.com
Nasdaq: FARO
Confidential 5
**Note: Taxes on this quote are budgetary estimates and are not binding. Taxes charged will be based on applicable tax rates assessed at the time of final invoice.

Quote, including FARO Standard Delivery Terms and Conditions, accepted Signature: _______________________________Print:________________________________ Title:____________________________Date:____________________ Accounts Payable Name:___________________________________________________Email:_____________________________________________________ Do you require a PO number to be referenced on the invoice ( ) No ( ) Yes - PO #:_____________________________________________ 65 Continued
Quotation No: 02203300
FARO Technologies Inc., 125 Technology Park, Lake Mary FL 32746-6204 Check Payments:

FARO Technologies, Inc.

PO Box 116908
Atlanta, GA 30368-6908
Electronic Payments:

FARO Technologies, Inc.

ABA: 061000104
Swift Nbr: SNTRUS3A
USD Account #: 1000009578609
Phone No: 407-333-9911
www.faro.com
Nasdaq: FARO
Confidential 6
PURCHASE AGREEMENT AND CONDITIONS OF SALE: As a condition of this agreement, the applicable contract terms are FARO's Standard Terms and Conditions of Sale, or, if the Parties have entered into current master sales terms, such negotiated master terms.

The FARO Standard Terms and Conditions can be found at the following Web link (if such is not an active link, please copy and paste the Web address into a Web browser):
https://www.faro.com/terms/
You can also obtain the terms from your FARO sales representative or please email [email protected] for a copy.

The following article contains all our calibration information under their respective product headings https://knowledge.faro.com/Essentials/Hardware/Compensation_Calibration_and_Certification_Standards_for_FARO_Devices 66 Your reference Bozeman PD - RTC360 - Lea For clarifications, please contact Your phone OFFICE (406) 582-221 Eric Cowan
Your Customer Nº 5072598
[email protected]
PS 17% Discount Applied

POS ARTICLE QTY PC DESCRIPTION UNIT PRICE USD /TOTAL
__________________________________________________________________________________________ 10 1697 1 PC. RTC360 Package with RCS
With following configuration:
838300 1 PC. RTC360 Laser Scanner 75,390.00 75,390.00
Discount 12,816.30-
874800 1 PC. Calibration Certificate "Silver" for 1.70 1.70 terrestrial laser scanners - issued Discount 0.29-
by the manufacturer:

Angle and Distance measurement.

973449 4 PC. GEB461 Battery int Li-Ion 10.8V/6.7Ah 450.00 1,800.00 Discount 306.00-
817063 1 PC. GVP730 Container for RTC360 485.00 485.00
Discount 82.45-
842065 2 PC. MS256 Industrial USB Stick 256GB 1,620.00 3,240.00 capacity, USB 3.0 Discount 550.80-
842066 1 PC. GST80 Tripod Carbon 2,900.00 2,900.00
Discount 493.00-
865471 1 PC. GVP736, Backpack for RTC360 525.00 525.00
Discount 89.25-
872515 1 PC. Leica RTC360 QG,multil.1
874567 1 PC. Leica RTC360 USB Documentation Card
874566 1 PC. Leica Cyclone FIELD 360 Info Sheet
955235 1 PC. Cyclone FIELD 360 Quick Plan Shipment FL
1432 1 PC. Power Supply Configuration
att. Anthony Hutchings
Bozeman Police Department
Bozeman Police Department
901 N. Rouse Ave
Bozeman MT 59715
Leica Geosystems Inc
Fed.Tax ID # 16-1516976
555 North Point Center East
Suite 700
Alpharetta, GA 30022
www.leica-geosystems.us
Phone 800 367 9453
QUOTATION - US - 21902482
Date: 03/03/2026
67 POS ARTICLE QTY PC DESCRIPTION UNIT PRICE USD /TOTAL __________________________________________________________________________________________ With following configuration:
799187 1 PC. GKL341, Charger Pro 5000 1,260.00 1,260.00 Professional charger to charge up to 4x Discount 214.20- Li-Ion
batteries GEB211/212,
GEB221/222/223/321, GEB241/242/243,
GEB331/333/334
and GEB361/363/364, Power cable
included.
731440 1 PC. AC power cable US to charger for Rugby/
Javelin.

1931 1 PC. Reality Cloud Studio Software
With following configuration:
1041101 1 PC. RC Studio, 500GB Data 0.01 0.01

6-month Trial of Reality Cloud Studio
with 500GBs
of data usage. Data usage is measured
per-GB for upload
(import), download, and processing
services (including but
not limited to registration and
meshing). Trials
include unlimited users, projects, and
streaming with no
recurring storage fees.

Trial will not renew.

Offer subject to Hexagon AG's HxDR Terms
of Use, provided
at: https://hxdr.com/tos
200 6013573 1 PC. 1st yr RTC360 Laser Scanner CCP Silver 2,500.00 2,500.00 consisting of: Discount 425.00-
1 yr Hardware Maintenance,
1 yr Customer Support
230 1315 1 PC. Cyclone REGISTER 360 PLUS Permanent

QUOTATION - US - 21902482
Date: 03/03/2026
68 POS ARTICLE QTY PC DESCRIPTION UNIT PRICE USD /TOTAL __________________________________________________________________________________________ With following configuration:
979836 1 PC. Cyclone REGISTER 360 PLUS Permanent 11,200.00 11,200.00 Supports the import of all sensor data Discount 1,904.00- and now includes the
Cyclone PUBLISHER functionality and
export from Cyclone
FIELD 360. Cyclone REGISTER 360 provides
access to 5 seats
of Cyclone FIELD 360.

250 6018134 1 PC. Cyclone REGISTER 360 PLUS CCP 1yr 2,130.00 2,130.00 Technical support by telephone/email. Discount 362.10-
Software updates.
280 2020 1 PC. Map360 Pro, Permanent
With following configuration:
916318 1 PC. Map360 Pro, Permanent 6,800.00 6,800.00
Discount 1,156.00-
300 6015993 1 PC. Map360 Pro CCP 1yr. 1,690.00 1,690.00 Technical support by telephone/email. Discount 287.30-
Software updates.
330 6010779 1 PC. NIST Calibrated ScanStation P30/P40
Dual Target Pole Kit
consisting of:
1 x ScanStation P30 / P40 Dual Target
Pole Kit (840867)
2 x GZT21, 4.5" Circular Black
&White
Tilt-N-Turn Target (822694)
1 x NIST Certificate for ScanStation
P30/P40 Dual Target Pole (5003964)
With following configuration:
840867 1 PC. ScanStation P30 / P40 Dual 1,700.00 1,700.00 Target Pole Kit Discount 289.00-
5003964 1.000 AU NIST Certificate for ScanStation 1,300.00 1,300.00 P30 / P40 Dual Target Pole Discount 221.00-
360 5311246 1 PC. 4 Days On-Site Training 7,980.00 7,980.00 Discount 1,356.60-
_____________
Total before tax 100,348.42
Sales Tax
_____________
Total 100,348.42
_____________

QUOTATION - US - 21902482
Date: 03/03/2026
69 Offer subject to Leica Geosystems terms and conditions, available at:
https://portal.leicaus.com/US_GT_Cs_of_Sales.txt
Full Software License Agreement: www.leica-geosystems.com/TCSL Full Standard Warranty: www.leica-geosystems.com/TCLW
In addition our delivery- and payment conditions are as follows:

Validity : 03/03/2026 - 06/30/2026
Terms of payment : 30 days net
________________________________________________________________________________ With your signature you accept our offer on behalf of your company as above and you confirm, that you are authorized to do so.

Name _________________________________
Title _________________________________
Date/Place _________________________________
Signature _________________________________
________________________________________________________________________________ If you prefer using your own PO format, please issue to:

Leica Geosystems Inc.
555 North Point Center East
Suite 700
Alpharetta, GA 30022
Phone: 770-326-9612
However, the remittance address for payments is:

Leica Geosystems Inc
PO Box 536874
Atlanta GA 30353-6874
________________________________________________________________________________

QUOTATION - US - 21902482
Date: 03/03/2026
70 We are pleased to quote:

Bishop Police Department - Artec Ray II
Prepared for:

Bishop Police Department
Robin Ludovico
[email protected]
17608735866
Quote No: 20260227-154112161
Date: February 27, 2026
Valid Until: March 29, 2026
From: Kevin Alvarado
[email protected]
Free Shipping
Products & Services
Item & Description SKU QTY Unit Price Total
Artec 3D Artec Ray II ARTC-RAYII 1 $97,800.00 $97,800.00 Artec Studio 20 (Lifetime License) ARTC-AS19-LL 1 $4,300.00 $4,300.00 Carbon Line tripod-RAY 2 ITI-ART-CARBTRIPOD-RAY-21 $1,700.00 $1,700.00 One-time subtotal $103,800.00
Total $103,800.00
71 ORDERING INFORMATION
This offer is subject to the following terms and conditions.

Purchase orders may be emailed to [email protected] with [email protected] CC'd. If needed, you may also fax purchase orders to (408) 317- 0383.

This quotation is non-binding. A binding contract between our companies enters into effect with your receipt of a corresponding order conformation.

Address purchase orders to: Indicate Technologies Inc. Please reference the quotation number on the purchase order.

Make deposits payable to: Indicate Technologies Inc. Indicate Technologies Inc. is a factory-authorized distributor and service provider.

Payment terms upon approval of credit are: 50% deposit with purchase order and 50% net 30 days after shipment or delivery of first service, for orders delivered within the United States. (The deposit may be waived for service contract orders and order amounts totaling less than $8,000 at the discretion of the ITI Accounting department.)
Shipping is via EXW, EX Works (Incoterms 2020). Quoted price does not include subsequent costs (freight, rigging, import duties, broker fees, delivery, etc.), which are the responsibility of the customer.

Minimum billing for Service Labor not covered under contract is $225.

Travel for work not covered under contract is billed at the applicable labor rate.

Availability is typically 2-4 weeks; an estimated ship date (or delivery of service) will be set after acceptance of a valid purchase order.

A Request for Binding Contract / Order Form is included for convenience.

All business conducted with Indicate Technologies Inc. is based on our Standard Terms and Conditions as attached to this offer.

View STANDARD TERMS AND CONDITIONS of Indicate Technologies Inc. by clicking this link Signature
Signature Date
Printed name
72 Questions? Contact me
Kevin Alvarado
[email protected]
Indicate Technologies Inc
2065 Martin Ave
103
Santa Clara, CA 95050
United States
73 Agenda Item: 9.D
Date of Meeting: April 13, 2026
Department: Community Services
To: City Council
From: Dan McElroy
Subject: Memorandum of Understanding between the City of Bishop and Friends of the Eastern Sierra Community Gardens
Attachments: MOU - Friends of the Eastern Sierra Community Garden 2026

STAFF REPORT
Background/History:

On August 20th, 2023, the City of Bishop entered into a Memorandum of Understanding with the Friends of the Eastern Sierra Gardens. This MOU has the United Methodist Social Services as the 501(c)(3) of record. The Friends of the Eastern Sierra Gardens has made a request to update the current MOU. This request includes the removal of the United Methodist Social Services as 501(c)(3) to be replaced with Sierra Forever as the nonprofit associated with the Community Garden. This also allows for the update of the current City Mayor, City Administrator, and Garden President.

Analysis/Discussion:

The City of Bishop Community Services Department has worked with the Friends of the Eastern Sierra Gardens to help create a space at the City Park which welcomes all visitors.

This relationship with the Gardens has enhanced the City Park and has a link to the community by providing education and gardening opportunities for community members without space for growing vegetables. By entering into this MOU, the update will account for current Mayor, City Administrator, Friends of the Eastern Sierra Gardens President, and Sierra Forever as the 501(c)(3).

Impacts to Council Goals and Strategic Planning Priorities:

None
Budget Impacts:

None
Legal Review:

City Attorney Pucci has reviewed this item and finds the recommended action complies with the law.

Recommended Action:

Council consideration to enter into a revised Memorandum of Understanding between the City 74 of Bishop and the Friends of the Eastern Sierra Gardens.

Approved By: Ethan Aukee 4/8/2026
Approved By: Robin Picken 4/8/2026
Approved By: Dean Pucci 4/8/2026
Approved By: Pam Foster 4/8/2026
75

CITY OF BISHOP, CALIFORNIA

MEMORANDUM OF UNDERSTANDING
This Agreement, made and entered into this ____ day of ________ 2026, by and between The City of Bishop, hereinafter referred to as “COB” and the Friends of Eastern Sierra Gardens (Friends of ESG), a program of Eastern Sierra Interpretative Center, a California nonprofit corporation with its principal office and place of business in Bishop, CA, hereinafter referred to as the “ESIC.”

WITNESSETH
WHEREAS, it is the mission of COB, through the Department of Community Services, to enrich the lives of our citizens through the stewardship of the city's natural resources and the efficient and responsive provision of quality leisure opportunities, experiences, and partnerships; and
WHEREAS, a diversity of well-maintained facilities for outdoor recreational pursuits is key to Community Service’s ability to serve the citizens of the greater Bishop area; and WHEREAS, the purpose and intent of this Agreement is to establish responsibilities and roles of COB and the Friends of ESG/ESIC regarding certain real property managed by the COB in Bishop Park, commonly known as the “Community Garden” as shown in Exhibit A (attached), and which will ensure efficient and effective communications and support for the Bishop City Park; and
WHEREAS, the Friends of ESG/ESIC was established in 2011 to develop the Community Garden to provide individual plots for residents and a demonstration garden for use in horticultural educational outreach programs; and
WHEREAS, COB Community Services and Friends of ESG/ESIC have engaged in a cooperative effort to provide high quality facilities, volunteer opportunities, and special events and programs for the benefit of the citizens of the greater Bishop area in connection with the community garden since 2017; and
WHEREAS, the parties desire to continue this effort under the terms of this Memorandum of Understanding for a term of twenty years.

NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the receipt and sufficiency of such consideration being hereby acknowledged, the parties hereby agree as follows:

1. COB Responsibilities.

COB, through the Community Services Department, shall:
(a) Agree to the development of the Community Garden by Friends ESG/ESIC for individual plots for residents and demonstration gardens for the use in educational outreach programs. 76

Such use is non-exclusive; as the entirety of the Community Garden remains a public space open to all.
(b) Have exclusive operational control of the Bishop City Park, including below-ground irrigation components associated with the Community Garden to the point of connection with the Community Garden. Such control does not include ownership of renovations and improvements within the garden (i.e. bed materials, pathways, storage sheds, compost, fencing, signage, and all pipe and irrigation components after the point of connection, etc.) which are to remain under the control and ownership of Friends of ESG/ESIC. (c) Provide the following services related to the operation and maintenance of the Community Garden:
i. Litter and trash receptacles. The COB shall be responsible for the provision and the maintenance of trash and/or recycling receptacles in or around the Community Garden.
ii. Pruning. The COB will prune the surrounding trees near the Community Garden when necessary and in a manner consistent with COB’s regular practice. iii. Water. The COB shall provide water for the Community Garden. iv. Turf. The COB shall maintain the surrounding turf, up to the Garden boundary, including controlling weeds, when necessary, in a manner consistent with COB’s regular maintenance practices, including all applicable laws, regulations and ordinances that relate to the use of any herbicides and/or pesticides. v. Wood chip mulch. The COB shall provide wood chip mulch for the Community Garden when requested and if available.
vi. Irrigation. The COB will repair and maintain below-ground pipe to the point of connection to the Community Garden. Repair of pipe and irrigation components after the point of connection is the responsibility of Friends of ESG/ESIC. (d) Establish, receive, and administer pursuant to COB accounting policies all rentals, fees, or charges related to use of the park. COB shall provide such staff support for the operation of the Park as it shall deem necessary in its sole discretion. (e) Designate an employee or employees to serve as a liaison to Friends of ESG/ESIC and provide information and consult in a timely manner about operations of the Park and plans for future programming and projects related to the Park, consulting services, technical expertise, and professional assistance/participation. Such staff representative shall convey to the Director of the Community Services Department any recommendations made by the Friends of ESG/ESIC with respect to the operation and management of the Park. (f) Make space available at the Park/City Hall for meetings and administrative functions of the Friends of ESG/ESIC.

2. Friends of ESG/ESIC Responsibilities.

The Friends of ESG/ESIC shall:
77

(a) Retain ownership of all renovations and improvements in the Community Garden (i.e. bed materials, pathways, storage sheds, compost, fencing, signage, above-ground and below-ground irrigation components, etc.) after the point of connection. (b) Provide the following services related to the operation and maintenance of the Community Garden:
i. General Landscaping. Friends of ESG/ESIC shall be responsible for the general landscape planning and maintenance in the Community Garden. ii. Pruning. Friends of ESG/ESIC will prune shrubs and other plants within the Community Garden to ensure proper growth and keep the pathways clear. Clippings will be placed in the compost or mutually agreed pickup area and COB will be notified for pick up.
iii. Irrigation. Friends of ESG/ESIC shall be responsible for repairs and maintenance of above-ground irrigation components, common areas, and watering of individual plots and the demonstration garden. Repairs and maintenance of pipe and below-ground irrigation components after the point of connection are the responsibility of Friends of ESG/ESIC.
iv. Wood chip mulch/DG. Friends of ESG/ESIC will spread wood chip mulch in the Community Garden or DG on pathways within three (3) days after it has been delivered in response to a request for same by Friends of ESG/ESIC. (c) Make no alterations, additions, or improvements other than those outlined in the Cityapproved Community Garden proposal without first obtaining COB’s written consent, which consent will not be unreasonably withheld. Any alterations, additions or improvements which are approved will remain property of Friends of ESG/ESIC. Such alterations, additions or improvements may include, but are not limited to: arbors, fences, above-ground irrigation components, pathways, plants, signs, compost bins, or sheds. (d) Coordinate with COB in promoting, aiding, and encouraging use and appreciation of the Bishop Community Garden.
(e) Coordinate with COB in the planning, maintenance, development, and operation of the Bishop Community Garden.
(f) Provide signage that directs the public to areas of the garden that are available for harvesting.
(f) Develop general policies, rules and regulations related to the purposes and use of the Bishop Community Garden, with the approval of COB.
(g) Prepare annual financial statements to be submitted to COB annually. (h) Undertake such fundraising activities and provide financial support to benefit the Bishop Community Garden and its operations, as Friends of ESG/ESIC in its discretion deems appropriate.
78

(i) Maintain nonprofit and tax-exempt status in accordance with applicable State and Federal laws, such as the IRS section of 26 U.S. C. 501(c)(3). This Agreement will automatically terminate if nonprofit status is lost.

3. COB and Friends of ESG/ESIC Responsibilities.

Together, COB and Friends of ESG/ESIC shall:
(a) Meet at a minimum of twice a year to discuss ongoing operation of the Community Garden, including educational programs and volunteer opportunities, and solve any problems which have arisen. The parties shall provide written documentation of these meetings for their respective files. The parties shall work in good faith towards the development of guidelines for the long-term operation of the garden.

4. Insurance. All parties agree to provide and maintain, at their own expense, a program of insurance covering the activities and operations of their respective officers, agents and employees and contractors for the term of this Agreement. Insurance shall include, but is not limited to, comprehensive general liability, professional liability, and personal injury. The various policies of insurance shall have a minimum coverage of $1,000,000 per occurrence and $2,000,000 in the aggregate. Upon request, the parties will provide each other with evidence of such coverage naming the other party as an additional insured including an additional insured endorsement issued by the insurance company. The insurance coverage is limited to the items listed above and the City of Bishop will cover under their insurance program the liability of the volunteers.

5. Indemnification. Each party shall defend, indemnify and hold the other parties, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys’ fees) or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the Friends of ESG/ESIC, its officers, agents or employees.

6. Amendment. This Agreement may be changed or amended from time to time upon the mutual consent of the parties hereto. Any such changes, alterations or modifications shall be incorporated into written amendments to this Agreement.

7. Termination. This Agreement may be terminated by either of the parties hereto without the necessity of any legal process by providing sixty (60) days written notice to the other party. The terminating party (COB or Friends of ESG/ESIC) will hold a meeting with the other party prior to termination, to discuss reasons for termination. Should the Agreement be so terminated by either party, the City shall have the right to resume full care of the area during the notification period.

8. Term. The term of this Agreement is for a period of twenty years from the date approved by the City Council (“Term”). On or before the 5th anniversary of the date this Agreement is approved by the City Council, the City shall review the performance of the terms and 79

conditions of this Agreement and prepare a report for interested parties. At the end of the Term, this Agreement may be renewed if all parties agree.

9. Binding Effect. This Agreement contains the entire understanding of the parties hereto with regards to the Community Garden, and all prior discussions or correspondence between the parties with respect to the subject matter of this Agreement are merged into this Agreement. All parties agree to work in good faith to resolve any difficulties which arise.

10. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be conclusively delivered to the other parties at the following respective addresses. These persons are the key contacts for this Agreement. All written correspondence shall be directed to them, and they will be responsible for communicating with all other parties within their respective group.

City of Bishop Friends of ESG
Pam Foster Pam Pasotti
377 West Line Street [email protected]
Bishop, CA 93514
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on this _____ day of ________________, 2026.

THE CITY OF BISHOP

BISHOP, CALIFORNIA
BY:

Stephen Muchovej, Mayor
ATTEST:

Robin Picken, City Clerk

SIERRA FOREVER

BISHOP, CALIFORNIA
BY: ___________________________________
Jeff Gabriel, Executive Director
80 Agenda Item: 9.E
Date of Meeting: April 13, 2026
Department: Finance
To: City Council
From: Ethan Aukee
Subject: ORDINANCE - Second Reading and Adoption of an Ordinance Amending Chapter 13 of the Bishop Municipal Code Relating to the Utility Assistance Program
Prepared On: April 6, 2026
Attachments: Ordinance Amending Sections 13.04.091 and 13.08.061 of the Bishop Municipal Code Relating to the Utility Assistance Program

STAFF REPORT
Background/History:

The introduction and first reading of this ordinance occurred on March 23, 2026. The ordinance is presented on this April 13, 2026 meeting agenda for second reading and adoption, at which time the amendments would take effect in accordance with applicable law.

Analysis/Discussion:

The proposed ordinance updates Sections 13.04.091 and 13.08.061 of the Bishop Municipal Code to modify the City’s existing utility rate reduction program. The current code provisions limit eligibility to low-income senior households and establish a fixed 25 percent reduction in monthly water and sewer service charges for qualifying applicants.

Staff is recommending two primary changes to the program. First, the ordinance removes the age-based eligibility requirement, allowing the program to be available to qualifying lowincome households regardless of age. This change is intended to ensure that assistance is available to residents experiencing financial hardship who may not qualify under the existing senior-only structure.

Second, the ordinance removes the specific discount percentage and program structure from the Municipal Code. Instead, the ordinance authorizes the City Council to establish the details of the utility assistance program by resolution. This approach provides greater administrative flexibility, allowing the Council to adjust program parameters—such as the level of assistance, eligibility verification requirements, or program limits—without requiring future amendments to the Municipal Code.

The proposed changes do not alter the City’s ability to administer the program through the Finance Department or require that applicants receive a utility bill directly from the City. 81 Program administration, application procedures, and verification of eligibility will continue to be managed by the Finance Director in accordance with adopted policies. Upon a second reading and adoption, staff will present a resolution to establish the program structure and discount level for the utility assistance program.

Impacts to Council Goals and Strategic Planning Priorities:

The proposed ordinance supports the City Council’s goals of maintaining reliable municipal services while promoting community well-being and responsible governance. Expanding the utility assistance program from a senior-specific benefit to a broader low-income program improves access to essential utility services for qualifying residents experiencing financial hardship. The amendment also supports sound administrative practices by allowing program details to be established by resolution rather than fixed in the Municipal Code. This approach provides the City Council with greater flexibility to adjust program parameters over time as community needs, utility costs, or policy priorities evolve, without requiring additional amendments to the Municipal Code.

Overall, the proposed changes help ensure the City’s utility assistance program remains responsive, equitable, and administratively efficient while supporting the Council’s broader priorities related to community support and effective municipal service delivery.

Budget Impacts:

The proposed ordinance itself does not have a direct budget impact. The ordinance establishes the framework for the utility assistance program and authorizes the City Council to set program parameters by resolution. Any financial impact associated with the program will depend on the assistance structure and eligibility criteria established by the City Council through a future resolution. Program costs would be reflected as reduced utility service charge revenues within the applicable utility funds. Staff will administer the program within existing operational resources.

Legal Review:

The City Attorney has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:

City Council consideration to approve the second reading and adoption of an ordinance amending Chapter 13 of the Bishop Municipal Code relating to the City's Utility Assistance Program by title only.

Approved By: Ethan Aukee 4/6/2026
Approved By: Robin Picken 4/6/2026
Approved By: Dean J. Pucci 4/6/2026
Approved By: Pam Foster 4/6/2026
82 City of Bishop Ordinance No. ___
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BISHOP, STATE OF CALIFORNIA, AMENDING TITLE 13 OF THE CITY OF BISHOP CODE OF

ORDINANCES, RELATING TO WATER AND SEWER SERVICE

WHEREAS, the City of Bishop is responsible for providing for the health, safety and welfare of its residents and their water supply; and
WHEREAS, under Cal. Const. art. XI, §7, cities may make and enforce within their limits all local, police, sanitary and other ordinances not in conflict with general laws; and WHEREAS, certain water and sewer provisions of Title 13 of the City of Bishop Code of Ordinances need updating to provide for orderly, efficient, and cost-effective administration of government; and
WHEREAS, the City of Bishop, California, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §§21000 and following) and State CEQA Guidelines (14 CCR §§15000 and following) has determined that this ordinance is not a project under CEQA pursuant to Title 14, Section 15378 (b)(5) of the California Code of Regulations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BISHOP DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and incorporated into this ordinance.

SECTION 2. The indicated sections of Title 13 of the City of Bishop Code of Ordinances are hereby amended as follows:

Chapter 13.04. of the City of Bishop Code of Ordinances is hereby amended to read as follows:

13.04.091. - Low-income rate reductions.

A. Any qualifying applicant who uses water services at the applicant’s personal residence may apply for a reduction in the monthly water service charge respecting use at that residence only. Applications for reduced rates shall be on forms supplied by the city. All information required to be given on such forms shall be supplied by the applicant under penalty of perjury.

B. Reduced rates shall be granted to qualifying applicants who receive a bill for service directly from the city and file their applications with the finance director. 83 City of Bishop Ordinance No. ___
C. For the purposes of this section, a “qualifying applicant” means a utility customer who meets the eligibility requirements for the city’s utility assistance program as established by resolution of the city council.

D. The finance director may adopt such rules and regulations, not inconsistent herewith, which the director deems necessary to properly carry out the provisions of this section.

Chapter 13.08. of the City of Bishop Code of Ordinances is hereby amended to read as follows:

13.08.061. - Low-income rate reductions.

A. Any qualifying applicant who receives sewer services at the applicant’s personal residence may apply for a reduction in the monthly unit sewer service charge respecting use at the residence only. Applications for reduced rates shall be on forms supplied by the city. All information required to be given on such forms shall be supplied by the applicant under penalty of perjury.

B. Reduced rates shall be granted to qualifying applicants who receive a bill for service directly from the city and file their application with the finance director.

C. For the purposes of this section, a “qualifying applicant” means a utility customer who meets the eligibility requirements for the city’s utility assistance program as established by resolution of the city council.

D. The finance director may adopt such rules and regulations, not inconsistent herewith, which the director deems necessary to properly carry out the provisions of this section.

SECTION 3. ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be not a project under Section 15378 (b)(5) of the CEQA Guidelines.

SECTION 4. INCONSISTENCIES. Any provision of the Bishop Code of Ordinances or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and/or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance.

SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented 84 City of Bishop Ordinance No. ___
without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable.

SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect July 1, 2026, and a summary hereof shall be published once within fifteen (15) days in The Inyo Register, a newspaper of general circulation printed and published in the County of Inyo and circulated in the City of Bishop and hereby designated for that purpose by the City Council.

SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner and form provided by law in The Inyo Register, a newspaper of general circulation printed and published in the City of Bishop, State of California, which said newspaper is hereby designated for that purpose.

PASSED, APPROVED AND ADOPTED this __ day of _____, 2026.

____________________________
Stephen Muchovej, Mayor

ATTEST: __________________________
Robin Picken, City Clerk
85 Agenda Item: 10.A
Date of Meeting: April 13, 2026
Department: Planning
To: City Council
From: Ana Budnyk
Subject: Public Hearing and First Reading and Introduction of an Ordinance Adding a New Chapter 17.39 – Residential Care Facilities to Title 17- Zoning
Prepared On: April 7, 2026
Attachments: Ordinance Adding a New Chapter 17.39 – Residential Care Facilities PC Resolution No. 2026-01 Title 17 Amendments
Public Hearing Notice

STAFF REPORT
Background/History:

The City’s 2021–2029 Housing Element requires updates to the Zoning Code to align with State law. State law mandates that supportive and transitional housing be treated as residential uses and permitted in zones where residential uses are allowed.

The Planning Commission hearing was held on the 24th of February 2026. The Planning Commission recommends that the City Council approve the proposed amendments to Title 17 (Zoning).

Analysis/Discussion:

The ordinance:
• Defines various residential care facility types (e.g., group homes, supportive housing, transitional housing)
• Permits small-scale facilities (six or fewer clients) by right in residential zones, with no restriction on the number of clients in the R1 – Single-Family Residential zone • Requires conditional use permits for larger (six or more clients) facilities, except for R1 zone
• Establishes objective operational and management standards • Allows low-barrier navigation centers by right where residential uses are permitted These provisions ensure compliance with State law while maintaining local oversight for larger facilities.

Impacts to Council Goals and Strategic Planning Priorities:

Not Applicable.

Budget Impacts:
86 None.

Legal Review:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:

Council will hold a public hearing and consider approving the first reading and introduction of an ordinance related to residential care facilities (by title only).

Approved By: Robin Picken 4/8/2026
Approved By: Dean Pucci 4/8/2026
Approved By: Pam Foster 4/8/2026
Approved By:
87

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BISHOP, STATE OF CALIFORNIA, ADDING A NEW CHAPTER 17.39, RESIDENTIAL CARE FACILITIES, TO TITLE 17, ZONING, OF THE CITY OF BISHOP CODE OF

ORDINANCES AND FINDING THIS ORDINANCE IS NOT A PROJECT
UNDER CEQA PURSUANT TO TITLE 14, SECTION 15378 (b)(5) OF THE CALIFORNIA CODE OF REGULATIONS.

WHEREAS, the City of Bishop must amend the language related to allowed uses by right of residential care facilities in the various zones in the City in Title 17, Zoning, of the City Code of Ordinances; and
WHEREAS, the City of Bishop, California, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §§21000 and following) and State CEQA Guidelines (14 CCR §§15000 and following) has determined that this ordinance is not a project under CEQA pursuant to Title 14, Section 15378 (b)(5) of the California Code of Regulations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BISHOP DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and incorporated into this ordinance.

SECTION 2. A new Chapter 17.39, Residential Care Facilities, is added to Title 17, Zoning, of the City of Bishop Code of Ordinances to read as follows:

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. 88

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.

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. 89

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.

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.
90

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.

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.
91

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. 92

SECTION 3. Severability. If any section of this Ordinance is determined to be unenforceable, invalid, or unlawful, such determination shall not affect the enforceability of the remaining provisions of this Ordinance.

SECTION 4. Effective Date. This ordinance shall be in full force and effect commencing thirty (30) days after its final adoption and a summary hereof shall be published once within fifteen (15) days in The Inyo Register, a newspaper of general circulation printed and published in the County of Inyo and circulated in the City of Bishop and hereby designated for that purpose by the City Council.

PASSED, APPROVED AND ADOPTED this ___ day of April, 2026. ____________________________
Stephen Muchovej, Mayor
ATTEST: __________________________
Robin Picken, City Clerk
93 94
95

CHAPTER 17.38. ES EMERGENCY SHELTER COMBINING DISTRICT

17.38.010. Purpose.

The purpose of this chapter is to comply with the housing element requirements of the state.

A. The ES emergency shelter combining district is intended to be combined with C-1, R-3 and/or R-3-P districts to permit a specified area in which emergency shelters, supportive housing and transitional housing developments will be allowed by right.

B. The location of the ES emergency shelter combining district reflects a close association with, provides convenience to and/or is compatible with surrounding uses with a range of complementary services, including the availability of public transportation, basic goods and grocery stores, and social welfare facilities.
(Code 1985, § 17.38.010; Ord. No. 544, § 3, 4-22-2013)

17.38.020. Client defined. Definitions
For purposes of this chapter, the term "client" means individuals and/or families using an emergency shelter, supportive housing or transitional housing facilities.

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. “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

B. “Homeless individual” means any of the following:
a. An individual who lacks a fixed, regular, and adequate nighttime residence.
b. An individual with a primary night-time residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including, but not limited to, a car, park, abandoned building, bus station, train station, airport, or camping ground.
c. An individual living in a supervised, publicly or privately operated shelter designated to provide temporary living arrangements, including hotels or motels, paid for by federal, state, or local government programs for low96 Created: 2025-01-28 10:20:24 [EST]
(Supp. No. 3)

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 97

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 98

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 99

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. 102

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. 103

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. 104

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 108

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. 109

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: 10.B
Date of Meeting: April 13, 2026
Department: Planning
To: City Council
From: Ana Budnyk
Subject: Public Hearing and First Reading and Introduction of an Ordinance Amending Chapter 17.38 ES Emergency Shelter Combining District Prepared On: April 7, 2026
Attachments: Ordinance Amending Chapter 17.38 ES Emergency Shelter Combining District
PC Resolution No. 2026-01 Title 17 Amendments
Public Hearing Notice

STAFF REPORT
Background/History:

The City’s 2021–2029 Housing Element requires updates to the Zoning Code to align with State law. State law mandates that supportive and transitional housing be treated as residential uses and permitted in zones where residential uses are allowed. Under the current Municipal Code, these uses are only allowed in the Emergency Shelter (ES) Combining District Overlay Zone. The proposed amendments remove supportive and transitional housing from the ES overlay and clarify that emergency shelters are subject only to objective standards.

The Planning Commission hearing was held on February 24, 2026. The Planning Commission recommends that the City Council approve the proposed amendments to Title 17 (Zoning).

The Planning Commission recommends Alternative A for shelter capacity and Alternative B for vehicle parking.

Analysis/Discussion:

Section 17.38.060 – Standards and Requirements
The current code limits emergency shelters to a maximum of ten (10) clients.

Staff notes that a fixed maximum capacity of ten clients may be considered a constraint on emergency shelters and could be interpreted by the State as:
• Functionally prohibitive
• Inconsistent with Housing Element requirements
• A potential constraint on shelter development
Alternative A (Recommended - aligns most closely with current State direction):

Capacity shall be determined by applicable building, fire, and health and safety codes. No discretionary review shall be required.
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Alternative B ( common benchmark):

Emergency shelters may serve up to 30 clients.

Reference: Examples from Small–Mid California Cities:
o Norco (small city, Inland Empire) Capacity: Up to 30 occupants total o Foster City (small Bay Area city) Capacity:25 beds, 20 persons max o Yucca Valley (small desert town) Capacity: Up to 50 persons, and shall not exceed one per one hundred twenty-five (125) square feet of floor area.

2. Vehicle Parking
The existing code requires one parking space per two client beds for emergency shelters.

State law requires that parking standards for emergency shelters be based on demonstrated need and not act as a constraint on development. The current requirement can potentially be declined by HCD.

Alternative A (increasingly common for other cities, least risk of being considered a constraint):

No minimum off-street parking shall be required.

Alternative B (Planning Commission recommended, addresses operational needs) -:

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.

Impacts to Council Goals and Strategic Planning Priorities:

Not Applicable.

Budget Impacts:

None.

Legal Review:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:

Council will hold a public hearing, and consider approving the first reading and introduction of an ordinance amending Chapter 17.28 ES Emergency Shelter Combining District (by title only).

Approved By: Robin Picken 4/8/2026
Approved By: Dean Pucci 4/8/2026
Approved By: Pam Foster 4/8/2026
Approved By:
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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BISHOP, STATE OF CALIFORNIA, AMENDING CHAPTER 17.38. ES EMERGENCY SHELTER

COMBINING DISTRICT, OF THE CITY OF BISHOP, CODE OF ORDINANCES,

AND FINDING THIS ORDINANCE IS NOT A PROJECT UNDER CEQA
PURSUANT TO TITLE 14, SECTION 15378 (b)(5) OF THE CALIFORNIA CODE OF REGULATIONS.

WHEREAS, the City of Bishop adopted a 2021-2029 Housing Element Update; and WHEREAS, a required Action 2.3 in the updated Housing Element was the City shall conduct a thorough review of the Bishop Municipal Code. Residential standards and parking standards that unnecessarily limit housing supply will be modified or eliminated, and modifications shall be incorporated as needed to conform to current legislative requirements pertaining to housing including definitions and requirements for Transitional and Supportive Housing; and
WHEREAS, the City of Bishop, California, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §§21000 and following) and State CEQA Guidelines (14 CCR §§15000 and following) has determined that this ordinance is not a project under CEQA pursuant to Title 14, Section 15378 (b)(5) of the California Code of Regulations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BISHOP DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and incorporated into this ordinance.

SECTION 2. Chapter 17.38. (Emergency Shelter Combining District) of the City of Bishop Code of Ordinances is amended to read as follows:

CHAPTER 17.38. ES EMERGENCY SHELTER COMBINING DISTRICT

17.38.010. Purpose.

The purpose of this chapter is to comply with the housing element requirements of the state.

A. The ES emergency shelter combining district is intended to be combined with C-1, R-3 and/or R-3-P districts to permit a specified area in which emergency shelters, supportive housing and transitional housing developments will be allowed by right.

B. The location of the ES emergency shelter combining district reflects a close association with, provides convenience to and/or is compatible with surrounding uses with a range of complementary services, including the 116
Created: 2025-12-22 16:18:21 [EST]
(Supp. No. 3)

availability of public transportation, basic goods and grocery stores, and social welfare facilities.
(Code 1985, § 17.38.010; Ord. No. 544, § 3, 4-22-2013)

17.38.020. Client defined. Definitions
For purposes of this chapter, the term "client" means individuals and/or families using an emergency shelter, supportive housing or transitional housing facilities.

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. “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

B. “Homeless individual” means any of the following:
a. An individual who lacks a fixed, regular, and adequate nighttime residence.
b. An individual with a primary night-time residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including, but not limited to, a car, park, abandoned building, bus station, train station, airport, or camping ground.
c. An individual living in a supervised, publicly or privately operated shelter designated to provide temporary living arrangements, including hotels or motels, paid for by federal, state, or local government programs for lowincome 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. 117
Created: 2025-12-22 16:18:21 [EST]
(Supp. No. 3)

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 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.

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
118

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 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. 119

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 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.
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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.

SECTION 3. Severability. If any section of this Ordinance is determined to be unenforceable, invalid, or unlawful, such determination shall not affect the enforceability of the remaining provisions of this Ordinance.

SECTION 4. Effective Date. This ordinance shall be in full force and effect commencing thirty (30) days after its final adoption and a summary hereof shall be published once within fifteen (15) days in The Inyo Register, a newspaper of general circulation printed and published in the County of Inyo and circulated in the City of Bishop and hereby designated for that purpose by the City Council.

PASSED, APPROVED AND ADOPTED this ___ day of April, 2026.

____________________________
Stephen Muchovej, Mayor

ATTEST: __________________________
Robin Picken, City Clerk
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122
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CHAPTER 17.38. ES EMERGENCY SHELTER COMBINING DISTRICT

17.38.010. Purpose.

The purpose of this chapter is to comply with the housing element requirements of the state.

A. The ES emergency shelter combining district is intended to be combined with C-1, R-3 and/or R-3-P districts to permit a specified area in which emergency shelters, supportive housing and transitional housing developments will be allowed by right.

B. The location of the ES emergency shelter combining district reflects a close association with, provides convenience to and/or is compatible with surrounding uses with a range of complementary services, including the availability of public transportation, basic goods and grocery stores, and social welfare facilities.
(Code 1985, § 17.38.010; Ord. No. 544, § 3, 4-22-2013)

17.38.020. Client defined. Definitions
For purposes of this chapter, the term "client" means individuals and/or families using an emergency shelter, supportive housing or transitional housing facilities.

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. “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

B. “Homeless individual” means any of the following:
a. An individual who lacks a fixed, regular, and adequate nighttime residence.
b. An individual with a primary night-time residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including, but not limited to, a car, park, abandoned building, bus station, train station, airport, or camping ground.
c. An individual living in a supervised, publicly or privately operated shelter designated to provide temporary living arrangements, including hotels or motels, paid for by federal, state, or local government programs for low124 Created: 2025-01-28 10:20:24 [EST]
(Supp. No. 3)

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 125

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 126

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 127

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.
128

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.
129

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. 130

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. 131

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. 132

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.
133

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 136

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. 137

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: 10.C
Date of Meeting: April 13, 2026
Department: Planning
To: City Council
From: Ana Budnyk
Subject: Public Hearing and First Reading and Introduction of an Ordinance Amending Chapter 17.08 to Revise Various Definitions and Amending Section 17.80.120, Expiration of Permit or Variance
Prepared On: April 7, 2026
Attachments: Ordinance Amending Chapter 17.08
PC Resolution No. 2026-01 Title 17 Amendments
Public Hearing Notice

STAFF REPORT
Background/History:

The proposed amendments ensure consistency across zoning provisions and ensure compliance with State Law:
• Supportive Housing
• Transitional Housing
• Emergency Shelter
• Group Home
• Boardinghouse
• Single-Family Dwelling
Staff also identified the need for additional clarity related to the expiration of permits or variances (Section 17.80.120).

The Planning Commission hearing was held on the 24th of February 2026. The Planning Commission recommends that the City Council approve the proposed amendments to Title 17 (Zoning).

Analysis/Discussion:

Expiration of Permit or Variance – Section 17.80.120
The proposed amendments add subsections F and G to clarify what constitutes exercising or failing to exercise rights granted under a land use entitlement, use permit, or variance.

These additions provide objective criteria for determining whether an entitlement has been exercised and improve clarity for both applicants and staff.

Impacts to Council Goals and Strategic Planning Priorities:
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Impacts to Council Goals and Strategic Planning Priorities:

Not Applicable.

Budget Impacts:

None.

Legal Review:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:

Council will hold a public hearing and consider approving the first reading and introduction of an ordinance amending Chapter 17.08 (by title only).

Approved By: Robin Picken 4/8/2026
Approved By: Dean Pucci 4/8/2026
Approved By: Pam Foster 4/8/2026
Approved By:
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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BISHOP, STATE OF CALIFORNIA, AMENDING CHAPTER 17.08 TO REVISE VARIOUS DEFINITIONS AND AMENDING CHAPTER 17.80, SECTION 17.80.120

EXPIRATION OF PERMIT OR VARIANCE, OF THE CITY OF BISHOP CODE

OF ORDINANCES AND FINDING THIS ORDINANCE IS NOT A PROJECT UNDER CEQA PURSUANT TO TITLE 14, SECTION 15378 (b)(5) OF THE CALIFORNIA CODE OF REGULATIONS.

WHEREAS, the City of Bishop desires to amend Title 17 Zoning of the City Code of Ordinances; and
WHEREAS, the City of Bishop, California, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §§21000 and following) and State CEQA Guidelines (14 CCR §§15000 and following) has determined that this ordinance is not a project under CEQA pursuant to Title 14, Section 15378 (b)(5) of the California Code of Regulations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BISHOP DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and incorporated into this ordinance.

SECTION 2. The following sections of Chapter 17.08, Definitions are hereby amended to read:

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:
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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 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. 145
A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

SECTION 3. Section 17.80.120 of Chapter 17.80, Expiration of permit or variance, of the City of Bishop Code of Ordinances is amended to read as follows:

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.

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.
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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.

SECTION 4. Severability. If any section of this Ordinance is determined to be unenforceable, invalid, or unlawful, such determination shall not affect the enforceability of the remaining provisions of this Ordinance.

SECTION 5. Effective Date. This ordinance shall be in full force and effect commencing thirty (30) days after its final adoption and a summary hereof shall be published once within fifteen (15) days in The Inyo Register, a newspaper of general circulation printed and published in the County of Inyo and circulated in the City of Bishop and hereby designated for that purpose by the City Council.

PASSED, APPROVED AND ADOPTED this ___ day of April, 2026. ____________________________
Stephen Muchovej, Mayor
ATTEST: __________________________
Robin Picken, City Clerk
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CHAPTER 17.38. ES EMERGENCY SHELTER COMBINING DISTRICT

17.38.010. Purpose.

The purpose of this chapter is to comply with the housing element requirements of the state.

A. The ES emergency shelter combining district is intended to be combined with C-1, R-3 and/or R-3-P districts to permit a specified area in which emergency shelters, supportive housing and transitional housing developments will be allowed by right.

B. The location of the ES emergency shelter combining district reflects a close association with, provides convenience to and/or is compatible with surrounding uses with a range of complementary services, including the availability of public transportation, basic goods and grocery stores, and social welfare facilities.
(Code 1985, § 17.38.010; Ord. No. 544, § 3, 4-22-2013)

17.38.020. Client defined. Definitions
For purposes of this chapter, the term "client" means individuals and/or families using an emergency shelter, supportive housing or transitional housing facilities.

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. “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

B. “Homeless individual” means any of the following:
a. An individual who lacks a fixed, regular, and adequate nighttime residence.
b. An individual with a primary night-time residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including, but not limited to, a car, park, abandoned building, bus station, train station, airport, or camping ground.
c. An individual living in a supervised, publicly or privately operated shelter designated to provide temporary living arrangements, including hotels or motels, paid for by federal, state, or local government programs for low150 Created: 2025-01-28 10:20:24 [EST]
(Supp. No. 3)

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 151

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 152

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 153

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. 156

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. 157

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. 158

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 162

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. 163

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.
164
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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.
166

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
167
Agenda Item: 10.D
Date of Meeting: April 13, 2026
Department: Planning
To: City Council
From: Ana Budnyk
Subject: Public Hearing and First Reading and Introduction of an Ordinance Repealing Section 17.80.110 of Chapter 17.80 and Adding a New Chapter 17.81 - Appeals to Title 17
Prepared On: April 7, 2026
Attachments: Ordinance Adding Chapter 17.81 - Appeals
PC Resolution No. 2026-01 Title 17 Amendments
Public Hearing Notice

STAFF REPORT
Background/History:

Staff also identified the need for additional clarity related to appeal procedures (Section

17.80.110).

The Planning Commission hearing was held on the 24th of February 2026. The Planning Commission recommends that the City Council approve the proposed amendments to Title 17 (Zoning).

Analysis/Discussion:

Staff proposes repealing Section 17.80.110 (Appeal Procedure) and adopting a new standalone Chapter 17.81 to clarify and standardize appeal procedures. The new chapter establishes clear procedures for filing, processing, and hearing appeals and defines the roles of the Planning Commission and City Council.

Impacts to Council Goals and Strategic Planning Priorities:

Not Applicable.

Budget Impacts:

None.

Legal Review:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:

Council will hold a public hearing, and consider approving the first reading and introduction of an ordinance repealing Section 17.80.110 of Chapter 17.80 and Adding a New Chapter 17.81 168
to Title 17 (by title only).

Approved By: Robin Picken 4/8/2026
Approved By: Dean Pucci 4/8/2026
Approved By: Pam Foster 4/8/2026
Approved By:
169

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BISHOP, STATE OF CALIFORNIA, REPEALING SECTION 17.80.110 OF CHAPTER 17.80 AND ADDING A NEW CHAPTER 17.81 TO TITLE 17, ZONING, OF THE CITY OF

BISHOP CODE OF ORDINANCES AND FINDING THIS ORDINANCE IS NOT A PROJECT UNDER CEQA PURSUANT TO TITLE 14, SECTION 15378 (b)(5) OF THE CALIFORNIA CODE OF REGULATIONS.

WHEREAS, the City of Bishop desires to amend the language related to appeals of land use decisions in Title 17 Zoning of the City Code of Ordinances; and WHEREAS, the City of Bishop, California, pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code §§21000 and following) and State CEQA Guidelines (14 CCR §§15000 and following) has determined that this ordinance is not a project under CEQA pursuant to Title 14, Section 15378 (b)(5) of the California Code of Regulations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BISHOP DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and incorporated into this ordinance.

SECTION 2. Section 17.80.110 of Chapter 17.80 of Title 17, Zoning, is hereby repealed and reserved for future use.

SECTION 3. A new Chapter 17.81, Appeals, is added to Title 17, Zoning, of the City of Bishop Code of Ordinances to read as follows:

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 170

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.

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
171

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.
§ 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. 172

§ 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.

SECTION 4: Severability. If any section of this Ordinance is determined to be unenforceable, invalid, or unlawful, such determination shall not affect the enforceability of the remaining provisions of this Ordinance.

SECTION 5. Effective Date. This ordinance shall be in full force and effect commencing thirty (30) days after its final adoption and a summary hereof shall be published once within fifteen (15) days in The Inyo Register, a newspaper of general circulation printed and published in the County of Inyo and circulated in the City of Bishop and hereby designated for that purpose by the City Council.

PASSED, APPROVED AND ADOPTED this ___ day of April, 2026. ____________________________
Stephen Muchovej, Mayor
ATTEST: __________________________
Robin Picken, City Clerk
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CHAPTER 17.38. ES EMERGENCY SHELTER COMBINING DISTRICT

17.38.010. Purpose.

The purpose of this chapter is to comply with the housing element requirements of the state.

A. The ES emergency shelter combining district is intended to be combined with C-1, R-3 and/or R-3-P districts to permit a specified area in which emergency shelters, supportive housing and transitional housing developments will be allowed by right.

B. The location of the ES emergency shelter combining district reflects a close association with, provides convenience to and/or is compatible with surrounding uses with a range of complementary services, including the availability of public transportation, basic goods and grocery stores, and social welfare facilities.
(Code 1985, § 17.38.010; Ord. No. 544, § 3, 4-22-2013)

17.38.020. Client defined. Definitions
For purposes of this chapter, the term "client" means individuals and/or families using an emergency shelter, supportive housing or transitional housing facilities.

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. “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

B. “Homeless individual” means any of the following:
a. An individual who lacks a fixed, regular, and adequate nighttime residence.
b. An individual with a primary night-time residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including, but not limited to, a car, park, abandoned building, bus station, train station, airport, or camping ground.
c. An individual living in a supervised, publicly or privately operated shelter designated to provide temporary living arrangements, including hotels or motels, paid for by federal, state, or local government programs for low176 Created: 2025-01-28 10:20:24 [EST]
(Supp. No. 3)