In the case of publicly owned properties that are not subject to the permit review procedures of the City, including this chapter, but are more than 50 years of age or are located within any historic district, the agency owning the said property is encouraged to seek the advice of the Commission prior to approval or authorization of any construction, alteration, or demolition thereon, including the use and placement of street furniture, signs, lighting, and landscaping; and, the Commission shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this chapter. If the Commission review of a public project involving construction, alteration, or demolition of any building, structure, object, or site is required under any other law, the Commission may render the report referred to in this section to such public agencies without specific request therefor.
10.38.200 Fire and building codes
Issuance of a permit in conformance with this chapter shall not alter conformance requirements with the other standards and requirements of this chapter. The Director and the Fire Marshal shall liberally construe and apply all pertinent codes, including the State Historical Building Code and the California Building Code so as to effectuate the purposes of this chapter.
10.38.210 Minimum maintenance
All designated historic cultural landmarks, including contributors to any historic district, shall be preserved against decay and deterioration, kept in a state of good repair, and free from structural defects. The purpose of this section is to prevent an owner or other person having legal custody and control over a property from facilitating the demolition of a historic cultural landmark by neglecting it and by permitting damage to it by weather and vandalism.
Consistent with all other State and City codes requiring that buildings and structures be kept in good repair, the owner or other person having legal custody and control of a property shall repair such building or structure if it is found to have any of the following defects:
1. Building elements so attached that they may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation.
3. Defective or deteriorated flooring.
4. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
5. Members of ceilings, roofs, ceiling or roof supports, or other horizontal members that sag, split, or buckle due to defective materials or deterioration.
6. Fireplaces or chimneys that list, bulge, or settle due to defective material or deterioration.
7. Deteriorated, crumbling, or loose exterior plaster.
8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
9. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering.
10. Any fault, defect, or deterioration in the building that renders it structurally unsafe or not properly watertight.
ORDINANCE 2025-XX
10.38.220 Status of properties previously designated
All historic properties previously designated under this chapter shall remain unless otherwise removed as a historic property.
All existing “H” overlay properties shall be considered historic cultural landmarks.
10.38.230 Civil and criminal penalties
It shall be unlawful for any person to permit or maintain violations of any of the provisions of this chapter by undertaking the alteration, grading, removal, demolition, or partial demolition of a historic cultural landmark or a building, structure, object, or site within a historic district without first obtaining the written approval of the Secretary, Commission or Council as provided in this chapter, or to defy any order or decision rendered by the Commission or Council. Any violations of this chapter may be enforced as provided in this code, except in the case of administrative citations issued pursuant to Chapter 1.61 of the Municipal Code. As part of any enforcement proceeding, violators may be required to reasonably restore the building, structure, object, or site to its appearance or condition prior to the violation under the guidance of the Community Development Department.
10.38.240 Severability
If any section, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The Council hereby declares that it would have passed this chapter and adopted this chapter and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 2. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this XX day of August 2025.
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: August 5, 2025
Department: Community Development - Planning
Submitted by: Mario Anaya, Community Development Director Agenda Title: Historic-Cultural Landmark Nomination for Tulare First United Methodist Church
RECOMMENDED ACTION
Adopt an ordinance approving Zone Amendment 763, designating the Tulare First United Methodist Church property as a City of Tulare Historic-Cultural Landmark, and adding it to the Local Register of Historic-Cultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38, as described herein.
SUMMARY
This is a request by John Jones to designate the Tulare First United Methodist Church as a City of Tulare Historic-Cultural Landmark and add it to the Local Register of Historic-Cultural Landmarks. The project site is located at 228 West Kern Avenue (175-173-011). The subject property is zoned R-1-4 (SingleFamily Residential), and the General Plan Designation is Low Density Residential.
Section 10.38 of the updated City of Tulare Zoning Ordinance includes standards to preserve, promote, and enhance the Historic-Cultural Landmarks and designated historic districts of the city for the educational, cultural, economic, and general welfare of the public. The purpose of the zone amendment would be to designate the church building as a local Historic-Cultural Landmark and apply the HistoricCultural Landmark Overlay Zone to the property.
Once a building, structure, object, site, or district is designated as a Historic-Cultural Landmark it will enable the Historic-Cultural Landmarks Advisory Committee, the Planning Commission, and the City Council, to work with property owners and the community to protect and review changes to these local landmarks and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this City, State, and nation. This would assist in implementing the Tulare General Plan’s goals and vision with respect to the following:
• To continue to safeguard the heritage of this city by preserving and regulating its historic buildings, structures, objects, sites, and districts which reflect elements of the City’s historic, cultural, social, economic, political and architectural history
• To continue to preserve and enhance the environmental quality and safety of these landmarks and districts.
• To continue to establish, stabilize and improve property values and to foster economic development.
At its July 14, 2025, meeting, the City of Tulare Planning Commission voted 5-0 to recommend designation of the Tulare First United Methodist Church as a Historic-Cultural Landmark due to its architectural significance, as well as the important role the church and its congregation have played in the history and cultural heritage of Tulare.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
Item #: 10.3
Public Hearing
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest, although Councilmember Harrell is a member of the church.
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
A notice of public hearing was published in The Visalia Times Delta on July 25, 2025, which is at least ten (10) days prior to the public hearing.
ALTERNATIVE ACTION
1. Adopt with changes
2. Deny
3. Table
If Zone Amendment 763 is not approved, the Tulare First United Methodist Church would not be designated as a local Tulare Historical-Cultural Landmark.
ATTACHMENTS
1. Complete Historic-Cultural Landmark Nomination Application Packet for Tulare First United Methodist Church
2. Ordinance
Reviewed/Approved:
TULARE HISTORIC-CULTURAL LANDMARK NO. XX
FIRST UNITED METHODIST CHURCH (1913)
The Tulare First United Methodist Church is the second oldest Church in the city of Tulare. It’s unique octagonal-shaped dome and its construction is a one of a kind architectural design in the city.
Sometime between the township’s founding in 1872 and 1879, a small group of Tulare Methodists began meeting in a room adjoining the bar at the Lake House hotel downtown.
The hotel was owned by D.W. Madden, one of the local church’s founding members.
In 1882, with a $250 loan from the Church Extension Committee, the Methodists built the First Methodist Episcopal Church at the corner of Kern Avenue and G Street. It was originally a small, one-story wood-frame building, complete with a 30-foot steel bell tower along with a 1,050 pound bell, which was erected next to the church. The church was officially incorporated with the State of California in 1883. In 1886, a wing was built on each side of the church, and a few years later, an addition was added to the rear.
In 1910, the congregation decided to begin preparations to construct a new, much larger church. The church’s new Pastor in 1911, Reverend Walter C. Buckner, had previously overseen several church constructions during his church appointments, and was also to assist first-hand with Tulare’s. In May of 1912, the original church building was moved to the east adjacent to the alley, in order to build on the original corner location. Building began in October of that year, with excavation for a large basement and red bricks laid as the foundation for the two-story sanctuary. The Architects were Walker & Vawter of Los Angeles. A year prior, Albert Walker and John Vawter designed the Ontario Methodist Church in Ontario, California, and several years after their design for Tulare, they designed the massive Bible Institute of Los Angeles, later known as Biola College, in downtown Los Angeles. The initial contractor was J.M. Wells of Tulare, but after several mistakes were made in the beginning stages of construction, Wells was asked to resign and was replaced in November of 1912 by A.M. Rumley of Tulare. Rumley was a well regarded and prolific contractor in Tulare for 45 years and was responsible for constructing many homes such as the First Congregational Church parsonage, and buildings including the Hotel Tulare and Elks Lodge remodel.
The Italian Renaissance style architecture was constructed of white brick and mortar, and foundation work for the first floor began in January of 1913. A total of twenty-five decorative leaded glass windows surrounds the church’s exterior, many accented with a classic brick archway set over them. Eighteen memorial stained-glass windows surround the roof-line exterior, along with two larger memorial stained-glass windows on the north and south end on the second-floor level, set in large alcoves. The windows, created by the Willet Studios in Minnesota, did not arrive in time for the building’s dedication in June, and were installed the following month.
Between February-April of 1913, after the church walls were in place, now came the difficult task of how to construct the unique octagonal dome. The story that has been passed down through the Church for over a century, is that a gentleman who was passing through Tulare on the Southern Pacific train, noticed the massive structure being built. He walked the several blocks from the depot to the church site to view the building up close. Upon talking with the contractor and builders, he was told of their troubles. A building tradesman himself, he offered to temporarily delay his travels and stay in Tulare to assist. Upon completion of the dome several weeks later, the unknown gentleman left Tulare on the next train, never to be heard from again. To this day, he has always been regarded as “an angel with a degree in engineering.” The result of the “angel’s” work was eight large wooden timbers which supported the dome, meeting in the middle and held in place together by a large iron medallion.
The sanctuary was dedicated Sunday, June 29, 1913. For many years the church sanctuary was the largest auditorium in Tulare and also served as the site for various community and school events.
Prior to the building of the new church, the church’s original bell had been donated to a church in Southern California that was in need of one. In 1921, a 17-rank Austin pipe organ consisting of 84 pipes was installed. Donated by church member George Swall, the organ was the largest in town and continues to this day as such. In 1969, a newer organ console replaced the original deteriorated and unrepairable console. A trumpet rank was added to the already impressive system in 1983.
In 1920 the original church parsonage located on G Street was sold. In 1925, a new parsonage was built on Kern Street, adjacent to the sanctuary. When the church’s second Educational building wing was being built in 1959, the parsonage was moved 1 ½ blocks away to 320 W. Tulare Avenue, where it remains today as a private home.
In the early 1920s, the telephone company installed special receiving boxes in the homes of shut-in members, in order for the Sunday sermons to be transmitted to their homes.
In 1942, an amplifying system for the organ chimes was installed and dedicated in the memory of church member Naval Ensign Vernon Loomer, who was killed in action in WWII near Java that year. A cupola, especially built to house the amplified speakers, was installed on the roof of the sanctuary. The church’s organ music was broadcast through the speakers for all to hear outdoors, until the 1950s.
In 1943, a service flag was dedicated in the church, displaying stars for each church member who served in WWII. A Military Honor Roll shield plaque, displaying church member’s names was also dedicated. Both are still displayed in the sanctuary to this day.
In 1944 the church’s name was changed to the First Methodist Church of Tulare.
A fire escape on the east side of the building was installed in 1948.
A two-story education wing was added to the church grounds in 1949.
In 1956, a hand-carved mahogany altar, made from discarded packing crates from the Philippines, was made by a church member and displayed on the pulpit. The altar is still used to this day.
A second two-story education wing was added to the existing wing in 1960. A portion of the new wing contains the church office and a small Chapel.
In 1963, in preparation for the 50th anniversary of the sanctuary, the interior of the sanctuary was paneled. The original G Street entrance was also reconstructed at that time, in order to accommodate a narthex area, interior stairs leading to the basement, and an exterior ramp entryway.
In 1968, the Methodist denomination joined with the United Evangelical Brethren denomination and officially became known as the United Methodist Church. The Tulare church name was changed to the First United Methodist Church of Tulare.
In 1979 after repairs were made to several of the sanctuary’s stained-glass windows, the windows were covered with Lexan polycarbonate sheets for future protection. A twenty-first stained-glass window, dedicated as the Centennial window, was installed in the west narthex for the Church’s centennial in 1983. Th window was created by an artist from Visalia.
In 1986, former Church member Ron Loar discovered the weight of the sanctuary’s massive dome was shifting downward, causing the walls of the sanctuary to slowly expand outward.
In order to help correct the problem, Loar, an engineer by trade, designed a larger metal medallion which was installed directly over the original medallion. The medallion was made and installed by Church member Dave Summers, along with Loar. Loar also designed a steel cable which was attached around the perimeter of the dome’s exterior. The cable is periodically tightened, to help keep the walls from spreading and splitting from the dome.
In 2019, a mishap with the winch system for the church’s original 13 milk-glass globe chandelier occurred, causing the chandelier to fall two-stories to the ground. The chandelier was originally anchored to the dome’s large medallion. In the early years, a pulley system used to lower it to the ground floor for maintenance. In 1986, the pulley was replaced by a winch system, allowing the chandelier to be raised and lowered electronically. After several years of restoration work, along with the dubious process of re-installing, the chandelier was put back in place in 2021.
Numerous individuals heavily involved in the various aspects of early-day life in Tulare, made up the church’s congregation. Notable parishioners over the years include the Charles Mathias family (with son Bob, future Olympic champion and Congressman), and the Marvin Allen family (with son Bryan, future world-record glider pilot of Gossamer Condor fame).
Future Olympic champion Sim Iness attended Sunday School at the church. The funerals of notable Tulareans known world-wide, Tex Rankin and Bob Mathias, were held at the church to capacity attendance in 1947 and 2006 respectively.
--Compiled by Christopher Harrell, Tulare Historic Resources Advisory Committee, 2025
CITY OF TULARE
COMMUNITY DEVELOPMENT DEPARTMENT
HISTORIC-CULTURAL LANDMARKS
Landmark Name & Number: TULARE FIRST UNITED METHODIST CHURCH Tulare Historic-Cultural Landmark #4
APN:
Address: 228 W. Kern Avenue
Description: The Tulare First United Methodist Church was built in 1913 by architects Walker & Vawter of Los Angeles and contractor A.M. Rumley of Tulare. Built in the Italian Renaissance tradition, the two-story church was constructed of white brick and mortar. The basement and foundation is comprised of red brick and mortar.
A total of twenty-five decorative leaded glass windows surrounds the church exterior, many accented with a classic brick archway design set over them. Eighteen stained-glass windows surround the roof-line exterior, along with two larger stained-glass windows on the north and south end on the second-floor level, set in large alcoves.
The sanctuary’s unique octagonal-shaped dome and its construction is a one of a kind architectural design in the city, consisting of eight large wooden timbers supporting the dome, interlocked by a large iron medallion.
The west entrance was enclosed in 1963 to accommodate a narthex area, interior stairwell leading to the basement, and an exterior ramp entryway.
The sanctuary houses a 1921 17-rank Austin pipe organ consisting of 84 pipes and a trumpet rank, which is the largest organ in the city.
Landmarks Present: Building Structure Object Site District Other__________________ Date Constructed: 1913
Owner and City: Tulare First United Methodist Church; Tulare Date Recorded:
Date Approved (For City Use Only):
Photograph
Attachments:
ORDINANCE 2025-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION 10.06.04 OF SAID CODE ZONE AMENDMENT NO. 763
WHEREAS, The Tulare City Council finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.02.02 of the Tulare City Code; and WHEREAS, the Tulare City Council finds that this zone amendment is in conformance with the adopted General Plan for the City of Tulare; and WHEREAS, the Tulare City Council finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the proposed zone amendment is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Section 15183.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Tulare as follows:
SECTION 1. The Zoning Map of the City of Tulare as referred to in Section 10.06.04 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.06.04', thereof, the subject property portion of said map, being attached hereto, is hereby amended as follows:
Amend the zoning map designation for said property from the R-1-4 (Single-family Residential, 4,000 sq. ft. minimum lot area) zoning designation to the R-1-4(H) (Single-family Residential, 4,000 sq.ft. minimum lot area, Historic-Cultural Landmark Overlay) zoning designation (APN 175- 173-011) located on the northeast corner of Kern Avenue and ‘G’ Street, as set forth more specifically on said map.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
ORDINANCE 2025-XX
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this XX day of August 2025.
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: August 5, 2025
Department: City Manager
Submitted by: Marc Mondell, City Manager
Agenda Title: Healthcare Presentation Request
RECOMMENDED ACTION
Discuss and provide staff direction regarding a future presentation by local healthcare providers on the possible impacts of the recent passage of the federal funding bill.
SUMMARY
On July 15, 2025, it was the consensus of Council to bring an item for discussion, at the request of Councilmember Sigala, regarding the possibility of inviting local healthcare providers to a future Council meeting to provide a presentation on the possible impacts the City residents may face with the recent passage of the federal funding bill. Staff seeks Council direction on this topic.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Future Agenda Item Request
Reviewed/Approved:
Item #: 11.1
General Business
City of Tulare
Agri-Center of the World
COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Clerk’s Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.
NAME OF REQUESTING COUNCILMEMBER TODAY’S DATE AGENDA DATE
ITEM TITLE
BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Item #: 12.2
Future Agenda Items
JOSE SIGALA July 8, 2025 July 15, 2025
Presentation by Tulare Healthcare Providers on the status of access to healthcare.
Mr. Mayor and Council,
I would like to ask for your support in placing on our August 5, 2025, meeting agenda the following item for discussion and possible action:
* That the Council direct the appropriate city staff to invite our local healthcare providers to provide a presentation on the possible impacts our city residents may face with the recent passage of the federal funding bill passed by Congress and signed by the President.
The recent passage of the federal spending bill has highlighted a number of policy and funding decisions and policies made at the federal level that may seriously impact our constituents.
There has been much discussion on the possible closure of rural hospitals and thousands of Tulare residents being impacted which could lose access to affordable healthcare.
It would be a great opportunity for our residents to understand what is the future status of healthcare access in Tulare.
Thank you for your consideration.
JOSE SIGALA
City of Tulare Council Member, First District
Staff Report
Meeting: City Council
Date: August 5, 2025
Department: City Manager
Submitted by: Marc Mondell, City Manager
Agenda Title: Downtown Restaurant Incentive Program
RECOMMENDED ACTION
Provide staff with direction regarding the potential development and implementation of a Downtown Restaurant Incentive Program.
SUMMARY
Management has been exploring opportunities to support economic growth and revitalization efforts in Downtown Tulare. In particular, staff has been evaluating the feasibility of creating a targeted incentive program to attract new restaurants and support the expansion of existing ones in the downtown core.
The concept being contemplated is modeled closely after the previously approved Downtown Building Rehabilitation Program, with several key adjustments specific to the restaurant industry.
Proposed Program Overview
Component Description
Funding Source General Fund Surplus Reserves
Total Program Allocation $1,000,000
Max. City Contribution Per Project $250,000
Application Period Two years
Eligible Uses Financial assistance limited to restaurant-related improvements and infrastructure needs
Eligibility Requirements • Projects must be new or expanding restaurants • Proposed new restaurants must not directly compete with existing downtown restaurants by cuisine only
This program would be aimed at stimulating culinary diversity, foot traffic, and overall vitality in Downtown Tulare by encouraging investment in new and unique restaurant concepts.
Current Consideration
Staff is bringing this item forward at this time in part due to a proposed restaurant/beer garden project currently in development at 215 E. Kern Avenue, led by Mr. Adrian Herrera and partners under the name Tap Yard. The project involves innovative use of repurposed shipping containers to create a casual outdoor dining and beer garden experience. The project has already received Planning Commission approval and is proceeding through site plan review and permitting.
However, the project has encountered an unexpected challenge: due to recent changes in Southern California Edison’s credit program, the cost to bring necessary electric and gas service to the site has increased by approximately $245,000. This unanticipated cost poses a significant risk to the project's feasibility.
While the Tap Yard development team is exploring alternative solutions, they have indicated that the project may not be viable without some form of financial assistance from the City.
Item #: 11.2
General Business
Staff is seeking direction from Council on one or more of the following:
1. Proceed with Program Development: Direct staff to formally develop a Downtown Restaurant Incentive Program as outlined, including eligibility criteria, application guidelines, and review process, to be brought back for formal Council consideration.
2. Provide Conditional Support to Tap Yard: Consider providing provisional financial assistance to the Tap Yard project (subject to final program approval) based on alignment with proposed incentive criteria.
3. Decline Program Development at This Time: Take no action on the proposed program and/or Adrian Herrera’s request.
FISCAL IMPACT & FUNDING SOURCES
The program would use $1,000,000 of General Fund Surplus Reserves.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
None
Reviewed/Approved:
Staff Report
Meeting: City Council
Date: August 5, 2025
Department: City Manager
Submitted by: Marc Mondell, City Manager
Mario Zamora, City Attorney
Agenda Title: Loan Agreement with Faria Family II Limited Partnership
RECOMMENDED ACTION
Approve the Proposed Loan Agreement, Promissory Note, Security Agreement, and Short Form Deed of Trust and Assignment of Rents between the City of Tulare and the Faria Family II Limited Partnership and authorize the City Manager to execute all necessary documents.
SUMMARY
The City of Tulare has been approached by the Faria Family II Limited Partnership, with a request for a loan up to $2,500,000.00. The Faria Family II Limited Partnership plans to use the loan to address operational needs to foster the development of commercial, retail, and lodging accommodations, and to support infrastructure improvements, including a new overpass and alignment that are critical for its longterm success. These improvements are expected to enhance the ability to entertain and host agriculture and community events at the International Agri-Center, including the World Ag Expo and the California Antique Equipment Show, which significantly contribute to the local economy.
The loan will be secured by a Short Form Deed of Trust and Assignment of Rents on property owned by the International Agri-Center. A Promissory Note will govern repayment terms, and a Security Agreement will outline additional terms and conditions to protect the City’s interest.
FISCAL IMPACT & FUNDING SOURCES
The loan will be funded by the Tulare County Association of Governments and is contingent upon the City of Tulare receiving the loan amount from the Tulare County Association of Governments. The loan repayments are scheduled according to the terms of the Promissory Note. The City anticipates no adverse physical impact.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
The proposed agreement was reviewed and approved by the City Attorney’s Office.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Deny the Loan Request
2. Modify Loan Terms
3. Request Further Analysis
Item #: 11.3
General Business
ATTACHMENTS
1. Loan Agreement
2. Promissory Note
3. Security Agreement
4. Short Form Deed of Trust and Assignment of Rents
Reviewed/Approved:
1 LOAN AGREEMENT
THIS LOAN AGREEMENT (this “Agreement”) is entered into as of _________ ___, 2025 (the “Effective Date”), by and between the FARIA FAMILY II LIMITED PARTNERSHIP (the “Borrower”), and the CITY OF TULARE, CALIFORNIA, a California municipal corporation and an incorporated City in Tulare County, California (the “Lender”) (collectively as the “Parties”).
RECITALS
The Borrower is a landowner who owns real property adjacent to the International AgriCenter in the City of Tulare.
In furtherance of ongoing operational needs required for the Borrower to foster the development of commercial, retail, and lodging accommodations, and in furtherance of the need of a new overpass and alignment to facilitate Borrower’s long term success, and in bona fide furtherance of public purposes that will be advanced thereby, Borrower has requested that Lender make a loan to the Borrower, and Lender has agreed, subject to the conditions set forth herein, to extend this loan to the Borrower, in an aggregate principal amount not to exceed TWO MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($2,500,000.00) (“Loan Commitment”).
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Borrower and Lender hereby agree as follows:
ARTICLE I
DEFINITIONS
2.1. As used herein, the terms below shall have the following meanings. “Affiliates” shall have the meaning set forth in Section 5031 of the California Corporations Code, as amended.
“Agreement” has the meaning ascribed to such term in the Preamble. “Assets” means all right, title and interest of the Borrower in and to all the business, properties, assets and rights, whether tangible or intangible, real, personal or mixed, owned, leased or held by the Borrower, now owned or hereafter acquired. “Borrower” has the meaning ascribed to such term in the Preamble. “Borrowing” means a borrowing consisting of Loans made by Lender. “Collateral” means all real property, whether now owned or hereafter acquired, in which Lender now holds or hereafter acquires a security interest or lien for the purpose of securing the Indebtedness pursuant to the Loan Documents or otherwise. “Debt” or “Indebtedness” means, for any Person (without duplication), (i) all indebtedness created, assumed or incurred in any manner by such Person representing money 2 borrowed, (ii) all obligations of such Person evidenced by bonds, debentures, notes or similar instruments, (iii) all obligations for the deferred purchase price of property or services (other than trade accounts payable arising in the ordinary course of business), (iv) all obligations secured by any Lien upon Property of such Person, whether or not such Person has assumed or become liable for the payment of such indebtedness, (v) all capitalized lease obligations of such Person, and (vi) all obligations, contingent or otherwise, of such Person on or with respect to letters of credit, banker’s acceptances and other evidences of indebtedness representing extensions of credit whether or not representing obligations for borrowed money. “Deed of Trust” shall mean any and all deeds of trust granted for the benefit of Lender to perfect a lien on Borrower’s Real Property as collateral security for Borrower’s performance of all obligations under the Loan Documents, including without limitation, Borrower’s payment of the Indebtedness.
“Effective Date” has the meaning ascribed to such term in the Recitals. “Encumbrances” means all liabilities, levies, claims, charges, assessments, mortgages, security interests, liens, pledges, conditional sales agreements, title retention contracts, leases, subleases, rights of first refusal, options to purchase, restrictions and other encumbrances, and agreements or commitments to create or suffer any of the foregoing. “Event of Default” has the meaning ascribed to such term in Article VI of this Agreement. “Financing Statement” shall mean a record or records providing notice that some sort of financing arrangement may exist between the Parties as to certain items or types of personal property specified in the notice and include as an initial financing statement and any filed record relating to the initial financing statement.
“Law(s)” means any applicable constitutional provision, statute, law, rule, regulation, code, ordinance, accreditation standard, resolution, Order, ruling, promulgation, policy, manual guidance, treaty directive, interpretation, or guideline adopted or issued by any government entity. “Lender” has the meaning ascribed to such term in the Preamble. “Liens” means, with respect to any asset, (a) any mortgage, deed of trust, lien, pledge, hypothecation, encumbrance, charge or security interest in, on or of such asset, (b) the interest of a vendor or a lessor under any agreement, capital lease or title retention agreement (or any financing lease having substantially the same economic effect as any of the foregoing) relating to such asset and (c) in the case of securities, any purchase option, call or similar right of a third Party with respect to such securities.
“Loan” shall mean the collective advancement of funds by Lender to Borrower pursuant to this Agreement and the Loan Documents.
“Loan Amount” shall mean the sum of Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000.00).
“Loan Commitment” has the meaning ascribed to such term in the Recitals. 3 “Loan Documents” means all documents, contracts, agreements and instruments, including this Agreement, executed by Borrower to evidence, secure or otherwise relating to the Loan, including without limitation, any Note, Deed of Trust, or Security Agreement. “Material Adverse Effect” means (a) a material impairment of the ability of the Borrower to perform any of its obligations under any of the Loan Documents, (b) a material adverse effect upon the legality, validity, binding effect or enforceability of any provision of this Agreement or any other Loan Document, (c) a material adverse change in, or a material adverse effect upon, the operations, business, properties, liabilities (actual or contingent), condition (financial or otherwise), or prospects of the Borrower, or (d) a material adverse change in, a material adverse effect upon, or a material impairment of the priority of Lender’s security interest in any Collateral securing the obligations or the rights, remedies and benefits available to or conferred upon Lender under any Loan Document, in each case, as determined by Lender in its sole discretion. “Note” means one or more promissory notes given by Borrower to Lender evidencing Borrower’s obligation to repay the Loan.
“Obligations” means all Loans to, and all debts, liabilities, obligations, covenants, indemnifications, and duties of, whether matured or unmatured, fixed or contingent, liquidated or unliquidated, the Borrower arising under any Loan Document or otherwise with respect to the Loans, in each case whether direct or indirect (including those acquired by assumption), absolute or contingent, due or to become due, now existing or hereafter arising. “Order” means any judgment, order, writ, injunction, decree, determination, or award of any Government Entity.
“Person” means any natural person, corporation, limited liability company, trust, joint venture, association, company, partnership, government entity or other entity. “Real Property” shall mean the real property described in the Deed of Trust. “Released Property” shall mean the approximately seven (7) acres located on the Real Property to be released from the Deed of Trust subsequent to its creation as a separate parcel. “Security Agreement” shall mean the security agreement entered into between Lender and Borrower whereby Borrower grants to Lender a security interest in Borrower’s Real Property. “TCAG” means the Tulare County Association of Governments. 4 ARTICLE II
LOAN TERMS
2.1. The Loan shall be contingent upon Lender receiving the Loan Amount from TCAG. Lender shall give written notice to Borrower once Lender receives the Loan Amount and starts spending the Loan Amount, following a Notice to Proceed to the respective contractor.
2.2. Subject to the terms and satisfaction of the conditions set forth herein, Lender hereby agrees to make a Loan and Borrower agrees to accept and repay the following Loan Amounts:
That certain Note dated ___________ ___, 2025, a copy of which is attached as Exhibit A, to be executed concurrently herewith in the principal amount of the lesser of: (i) TWO MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($2,500,000.00), and (ii) the unpaid principal amount of all advances made by Lender to Borrower, with no interest thereon.
2.3. Lender hereby establishes for a period of three (3) years from the Effective Date a line of credit in the Loan Amount which indebtedness shall be evidenced by and repaid in accordance with the terms of the Note. All sums advanced on the line of credit shall become part of the principal of the Note. In executing this Agreement, Lender agrees to make the entirety of the line of credit available to Borrower within ninety (90) days of when the funds are made available to Lender by TCAG.
2.4. Subject to Section 2.3 above, any request for an advance may be made from time to time, provided, however, any request will not, when added to the outstanding principal balance of previous advances, exceed the Loan Amount. Requests for advances must be made in writing, delivered to Lender, in accordance with the notice provisions of this Agreement. For each advance properly requested, the Lender shall advance an amount equal to the advance amount. Lender may refuse to make any requested advance if an event of default has occurred and is continuing hereunder either at the time the request is given or the date the advance is to be made, or if an event has occurred or condition exists which, with the giving of notice or passing of time or both, would constitute an event of default hereunder as of such dates.
2.5. Borrower shall pay Lender the total principal amount in three (3) equal annual installment payments. Lender shall give written notice to Borrower of such times at which Borrower is to make such annual installment payments to Lender, which will be based on Lender’s repayment obligation on the underlying loan from TCAG.
2.6. The Loan and any Advances (as defined hereinafter) will be secured by the following liens on collateral as evidenced by a Short Form Deed of Trust and Assignment of Rents executed concurrently herewith:
a) Deed of Trust dated _____, 2025, a copy of which is attached as Exhibit B, to be executed concurrently herewith.
5 This Deed of Trust shall contain a provision providing for the release of approximately seven (7) acres on the Real Property, the Released Property, to allow for development subsequent to its creation as a separate parcel.
2.7. The Loan and any Advances (as defined hereinafter) will also be secured by the Security Agreement, a copy of which is attached as Exhibit C, to be executed concurrently herewith.
2.8. The Borrower, may, upon notice to Lender, at any time or from time to time voluntarily prepay Loans in whole or in part without premium or penalty. Each such notice shall specify the date and amount of such prepayment. If such notice is given by the Borrower, the Borrower shall make such prepayment and the payment amount specified in such notice shall be due and payable on the date specified therein. For purposes of this Paragraph, presentation of voluntary prepayment by Borrower shall constitute notice as of the date of presentation; and deposit of voluntary repayment by or to the account of Lender shall constitute Lender’s waiver of notice.
2.9. Subject to the nonrecourse provisions of the Note, Security Agreement, and Deed of Trust, Borrower hereby unconditionally, irrevocably and absolutely agrees to make prompt and full payment of all payment obligations owed to the Lender hereunder and to pay any other Obligations owing to Lender whether now existing or hereafter arising, irrespective of their nature, whether direct or indirect, absolute or contingent, and under such Obligations (the “Advances”), all of which are and shall be deemed advances made to Borrower on the Note and fully secured by the Deed of Trust and Security Agreement.
2.10. Subject to the nonrecourse provisions of the Note, Security Agreement, and Deed of Trust, n addition to any payment to be made on the Note, the Borrower shall also repay all other amounts due and owing under this Agreement.
2.11. Subject to the nonrecourse provisions of the Note, Security Agreement, and Deed of Trust, Borrower agrees to pay Lender for all expenses, fees, attorneys’ fees, service charges, and recording fees in connection with the preparation and execution of this Agreement and any other agreements in connection with the Indebtedness, including fees or costs for the perfection of Lender’s security interest in Collateral and any premiums for a lender’s policy of CLTA title insurance.
2.12. During the term of the Loan, Borrower will maintain in full force and effect policies of insurance coverage of types, amounts, and with companies acceptable to Lender from time-to-time. All such policies will be endorsed to show Lender as a loss-payee and will provide that they cannot be cancelled without at least thirty (30) days prior written notice to Lender.
Borrower will provide Lender with certificates issued by the insurer or its agent verifying the existence and terms of such policies.
2.13. As security for the Obligations of the Borrower to Lender subject hereto, the Borrower shall grant to Lender Liens in the Collateral as follows: a first priority lien on all Collateral.
6 ARTICLE III
REPRESENTATIONS AND WARRANTIES
The Borrower makes the following representations and warranties to Lender, which representations and warranties shall survive the execution of this Agreement and shall continue in full force and effect at all times while Lender remains committed to extend the Loan to the Borrower hereunder and until the full and final payment, and satisfaction and discharge, of all Obligations of the Borrower to Lender under the Loan Documents. Lender acknowledges that the Borrower has not undertaken any investigation related to the Borrower’s knowledge representations out of the ordinary course of business.
3.1. The Borrower is a California limited partnership that maintains fee title to the Real Property as described in the Deed of Trust as more fully set forth in Chicago Title Company Preliminary Title Report No. _________________ (the “Preliminary Title Report”), receipt of which is hereby acknowledged by Lender. The Borrower possesses all requisite power and authority necessary to own and operate any Assets and carry on his business as the same is now being conducted;
3.2. This Agreement and each contract, instrument and other document required hereby or at any time hereafter delivered to Lender in connection herewith (collectively, the “Loan Documents”) and the performance of the transactions contemplated hereby, including the grant by the Borrower of the security interests in the Collateral as contemplated hereby are within the Borrower’s powers. The Borrower has all requisite power and authority to enter into, consummate and perform this Agreement and carry out all of the terms and provisions of this Agreement and upon their execution and delivery in accordance with the provisions hereof, the Loan Documents will constitute legal, valid and binding agreements and Obligations of the Borrower or the Party which executes the same, enforceable in accordance with their respective terms;
3.3 The execution, delivery and performance by the Borrower of the Loan Documents, including the grant by the Borrower of the security interests in the Collateral contemplated hereby and in the other Loan Documents:
(a) do not violate or conflict with any Order of any governmental or regulatory authority, any judgment, decree, order or award of any court, arbitrator, administrative agency or governmental authority or, to the knowledge of the Borrower, any material government authorization or any material Law; or
(b) do not result in any conflict, breach of or default under any contract, obligation, indenture or other instrument to which the Borrower is a Party or by which the Borrower may be bound;
3.4. No consent, approval, authorization of or filing or registration with any government entity or any other Person is required to be obtained or made by the Borrower in order for the Borrower to consummate the transactions contemplated by the Loan Documents;
3.5. All information contained in any financial statements submitted to Lender from time-to-time is true and correct, and such documents fairly present the financial condition of 7 Borrower, and since their submission there has been no Material Adverse Effect in the financial condition or operations of Borrower;
3.6. Except as has been disclosed to Lender in writing, there is no action or proceeding pending or threatened before any court, quasi-judicial body or administrative agency as of the date hereof, the outcome of which would affect the validity of either the Deed of Trust or the Loan, or which, if determined adversely to the Borrower, would have a Material Adverse Effect on the financial condition or operation of the Borrower, and all rights to appeal any decision rendered in any such action or proceeding have expired;
3.7. There is no agreement, indenture, contract or instrument to which the Borrower is a Party or by which the Borrower may be bound that requires the subordination in right of payment of the Borrower’s Obligations subject to this Agreement to any other obligation of the Borrower;
3.8. Except as specifically set forth in the Preliminary Title Report and this Agreement, to the Borrower’s knowledge, on the Effective Date, title to all of the Assets, free and clear of all liens, judgments, pledges, title defects, encumbrances, leases, security interests, actions, claims, charges, and conditions or restrictions of any nature whatsoever. To the Borrower’s knowledge, the Borrower has not entered into any contract, commitment, or arrangement that would cause any of the Assets to be subject to any security interest, claim, equity, pledge, mortgage, lien (including, without limitation, mechanics’ and materialmen’s liens) or encumbrances whatsoever which will exist or come into existence after the Effective Date;
3.9. That there are no unrecorded and outstanding leases, contracts for sale, or assignments relating to the Real Property, or any occupants or tenants in possession of the Real Property or any part thereof, other than those that have been disclosed to Lender in writing;
3.10. That there are no outstanding and unpaid bills for labor or materials furnished for the construction, repair, or improvement of the Real Property and no known claims of governmental authorities having jurisdiction over the Real Property affecting its use or enjoyment except as appear as a matter of public record or as are readily apparent from inspection of the Real Property ;
3.11. That the Borrower is not aware of the presence on the Real Property of, or contamination of the Real Property by, any materials or substances which are or could be considered to be “toxic” or “hazardous” materials as defined in any relevant federal, state or local statute, ordinance or regulation, and that to the best of Borrower’s knowledge, any fuel tanks located on or under the Real Property are sound, do not leak, and comply with all relevant federal, state and local statutes, regulations, ordinances and rules, including registration and reporting requirements;
3.12. That the present and anticipated use of the Real Property complies with all laws, ordinances, rules and regulations of all governmental authorities having jurisdiction over it;
3.13. That no event has occurred and is continuing or would result from the making of the Loan that constitutes an event of default or that would become such an event of default upon the giving of notice or the passage of time.
8 ARTICLE IV
AFFIRMATIVE COVENANTS
Borrower agrees that until the full payment of all Indebtedness, it will, unless Lender waives compliance in advance, in writing:
4.1. Repay the Indebtedness as and when due or declared due according to the terms of the Note(s) evidencing the Indebtedness;
4.2. Promptly (within thirty (30) days) give written notice to Lender of:
(A) Any litigation or court proceedings affecting Borrower or the Collateral; (B) Any dispute which may exist between Borrower and any governmental regulatory body or law enforcement authority concerning Borrower or the Collateral; (C) Any labor controversy resulting in or threatening to result in a strike against Borrower;
(D) Any Material Adverse Effect in Borrower’s operations or financial conditions;
(E) Any change in Borrower’s name, or sale of all or substantially all its assets, whether in one transaction or series of related transactions; and (F) Any event of default or any event which, with the lapse of time or notice or both would become an Event of Default;
4.3. Maintain its existence and all rights, privileges, leases, permits, licenses and franchises necessary to conduct its business as currently conducted;
4.4. Conduct its business and maintain the Collateral in an orderly and efficient manner, and maintain all Real Property in working order and good repair;
4.5. Maintain accurate books and accounts and prepare all financial statements submitted to Lender in accordance with generally accepted accounting principles and practices consistently applied; and provide to Lender with the financial information required by this Agreement or the other Loan Documents;
4.6. Furnish Lender with such information concerning the business and properties of Borrower as Lender may require, and permit Lender to examine and inspect the books and Real Property of Borrower as and when Lender may reasonably request;
4.7. In addition to reporting requirements set forth elsewhere in this Agreement, at such time during the term of this Agreement as Lender may request, Borrower shall provide to Lender financial information in a form acceptable to Lender, including, when so required, a current balance sheet and income statement;
9 4.8. Maintain policies of insurance in types, amounts, and with companies satisfactory to Lender and, if requested by Lender, obtain under such insurance, in form satisfactory to Lender, lender’s loss payable endorsements or loss payee clauses solely in favor of Lender; in addition to the insurance requirements described in other Loan Documents, Borrower shall provide, maintain and deliver to Lender evidence of insurance coverage against loss or damage by fire, flood, theft or other casualty, and any and all other types of insurance in terms and amounts as may be required by law or Lender from time to time, with loss payable endorsements solely in favor of Lender;
4.9. Pay all obligations, including tax claims, at maturity, unless the obligation to make the payment is being disputed in good faith and is being diligently contested in all appropriate proceedings, in which event Borrower shall notify Lender of such dispute.
ARTICLE V
NEGATIVE COVENANTS
The Borrower agrees that so long as Borrower owes any Indebtedness to Lender, Borrower will not, without prior written consent of Lender:
5.1. Use any of the proceeds of any Loan extended hereunder except for the purposes expressly authorized by this Agreement, or otherwise approved by Lender in its sole discretion;
5.2. Make any substantial change in the nature of the Borrower’s operations as conducted as of the Effective Date; acquire all or substantially all of the assets of any other entity; nor sell, lease, transfer or otherwise dispose of all or a substantial or material portion of the Borrower’s assets except in the ordinary course of its business;
5.3. Dispose of all or a substantial portion of Borrower's business assets by sale, dissolution, liquidation, transfer, assignment, lease, gift, abandonment or otherwise, or enter into any merger, consolidation, pool, joint venture, or other combination;
5.4. Sell, transfer, exchange or otherwise dispose of any Collateral without Lender’s prior written consent.
ARTICLE VI
EVENTS OF DEFAULT
6.1. The occurrence of any one or more of the following events shall constitute an “Event of Default” hereunder:
(A) Borrower shall fail to pay all or any portion of the Indebtedness as and when due or declared due;
(B) Borrower shall breach any covenant or term of or fail to perform any obligation under this Agreement or the Loan Documents;
(C) Any warranty, representation, or statement now or hereafter furnished by or on behalf of Borrower to Lender in connection with the Indebtedness proves to be false or misleading in any material respect when furnished;
10 (D) Any final judgment, writ, levy, lien, attachment, notice of tax lien, or similar process shall be entered or filed against Borrower or any of its Real Property and is not vacated, bonded, or stayed to the satisfaction of Lender within 30 days; (E) Any Material Adverse Effect in the financial condition of Borrower, or in the value of Collateral, that would, in Lender's reasonable business judgment, adversely affect the ability of Borrower to repay the Indebtedness;
(F) The commencement by or against Borrower of a voluntary or involuntary case under the federal bankruptcy laws, as now constituted or hereafter amended, or another applicable federal or state bankruptcy, insolvency or similar law, which case has not been dismissed within sixty (60) days of filing; or the consent by Borrower to the appointment of or the taking possession with or without Borrower's consent of a receiver, liquidator, assignee, trustee, custodian, sequestrator, agent or other similar official for Borrower or for any substantial part of its Real Property; the making by Borrower of any assignment for the benefit of its creditors; the failure by Borrower generally to pay the Debts as they become due; or the taking of any action by or on behalf of Borrower in furtherance of any of the foregoing; (H) Lender determines that Borrower is unable to repay as agreed the sums owed Lender under this Agreement, or Lender in good faith determines itself to be insecure; (I) Lender's reasonable determination that a Material Adverse Effect has occurred in the financial condition of Borrower or in the value of the Collateral;
6.2. Subject to the nonrecourse provisions of the Note, Deed of Trust, and Security Agreement, upon the occurrence of any event of default, Lender shall have the right to exercise any of its rights and remedies under the Loan Documents, (all of which shall be cumulative and non-exclusive) or provided by law or equity under applicable laws, including but not limited to:
the right to declare, at Lender's option, all or any portion of the Indebtedness immediately due and payable without prior recourse to the Collateral; and the right to foreclose on, or enforce any security interest in, any Collateral. Lender may enforce any security interest or lien in such manner and order, as to all or any part of the Collateral as Lender, in its sole judgment, deems appropriate.
Borrower, to the extent possible, waives all rights, obligations, or defenses now or hereafter established by law relating to the remedies.
11 ARTICLE VII
MISCELLANEOUS
7.1. Lender’s failure to require strict compliance with any provision of this Agreement or any other agreement between Lender and Borrower shall not affect Lender’s right to require strict compliance with such provision. Lender’s suspension or waiver of an Event of Default shall not affect any other Event of Default or any of Lender’s remedies with respect thereto.
Lender’s waiver or suspension of any rights under this or any other agreement, or Lender’s grant of any consent to Borrower, shall be effective only if such waiver, suspension, or consent is in writing and only to the extent specifically set forth in such writing. Any waiver, permit, consent or approval of any kind by Lender of any breach of or default under any of the Loan Documents must be in writing and shall be effective only to the extent set forth in such writing.
7.2. All notices, requests and demands which any Party is required or may desire to give to any other Party under any provision of this Agreement must be delivered to each Party at the following address:
BORROWER: Faria Family II Limited Partnership
13927 Road 136
Tipton, California 93272
Attention: Steve Faria
With a copy to: Herr Pedersen & Berglund LLP
100 W Willow Ave #300
Visalia, California 93291
Attention: Merl Ledford III, Esq.
LENDER: City of Tulare
411 East Kern Avenue
Tulare, California 93274
Attention: Marc Mondell, City Manager
With a copy to: Griswold, LaSalle, Cobb, Dowd & Gin, LLP 111 East Seventh Street
Hanford, California 93230
Attention: Mario U. Zamora, Esq.
or to such other address as any Party may designate by written notice to all other Party. Each such notice, request and demand shall be deemed given or made as follows: (a) if sent by hand delivery, upon delivery; (b) if sent by mail, upon the earlier of the date of receipt or three (3) days after deposit in the U.S. mail, first class and postage prepaid; and (c) if sent by telecopy, upon receipt.
12 7.3. The Borrower shall pay to Lender immediately upon demand the full amount of all payments, advances, charges, costs and expenses, including reasonable attorneys’ fees, expended or incurred by Lender in connection with Lender’s continued administration of this Agreement (from and after the Effective Date) and the other Loan Documents, and the preparation of any amendments and waivers hereto and thereto, (b) the enforcement of Lender’s rights and/or the collection of any amounts which become due to Lender under any of the Loan Documents, and (c) the prosecution or defense of any action in any way related to this Agreement or any of the Loan Documents, including without limitation, any action for declaratory relief, whether incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the foregoing incurred in connection with any bankruptcy proceeding (including, without limitation, any adversary proceeding, contested matter or motion brought by Lender or any other Person) relating to the Borrower or any other Person. All such amounts due and owing pursuant to this Section 7.3. shall be obligations under this Agreement and secured by the Collateral.
7.4. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, legal representatives, successors and assigns of both the Borrower and Lender; provided however, that the Borrower may not assign or transfer its interests or rights hereunder without Lender’s prior written consent. Lender reserves the right to sell, assign, transfer, negotiate or grant participations in all or any part of, or any interest in, Lender’s rights and benefits under each of the Loan Documents. In connection therewith, Lender may disclose all documents and information which Lender now has or may hereafter acquire relating to any Loans subject hereto, the Borrower or the operations of the Borrower, or any collateral required hereunder.
7.5. This Agreement and the other Loan Documents constitute the entire agreement between the Borrower and Lender with respect to each credit subject hereto and supersede all prior negotiations, communications, discussions and correspondence concerning the subject matter hereof. This Agreement may be amended or modified only in writing signed by each Party hereto.
7.6. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto and their respective permitted successors and assigns. No other Person shall be a third Party beneficiary of, or have any direct or indirect cause of action or claim in connection with, this Agreement or any other of the Loan Documents to which it is not a Party.
7.7. Time is of the essence of each and every provision of this Agreement and each of the Loan Documents.
7.8. If any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or any remaining provisions of this Agreement.
7.9. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which when taken together shall constitute one and the same Agreement.
13 7.10. Except insofar as data and information may be required by Law to be disclosed or is available to the public, each of the Borrower and Lender agrees at all times to hold in strict confidence and not use to the detriment of the other Party all data and information obtained in connection with this transaction and Agreement which relates to the business or operations of the other Party. Neither the Borrower nor Lender, nor any of their Affiliates, shall issue or cause the publication of any press release or other announcement regarding the transactions contemplated by this Agreement without the consent of the other Party, which consent shall not be unreasonably withheld, or withheld for any reason where such press release or announcement is required by applicable Law.
7.11. This Agreement shall be governed by, and shall be construed and enforced in accordance with, the internal Laws (not the choice of law) of the State of California. Each of Borrower and Lender agrees to submit to the jurisdiction of the courts of the State of California.
Any action or proceeding to enforce or interpret any provision of this Agreement shall be brought, commenced or prosecuted in the Superior Court of the State of California for the County of Tulare, if in state court, or, if in federal court, the United States District Court for the Eastern District of California.
7.12. Borrower hereby agrees to execute other agreements, documents, or instruments as requested by Lender in connection with this Agreement and to take such actions as Lender may deem necessary to carry out the purpose hereof.
IN WITNESS WHEREOF, Lender and Borrower have executed this Agreement as of the date first written above.
[Signature page follows.]
14 LENDER
CITY OF TULARE
A California municipal corporation
By: ________________________________
Marc Mondell, City Manager
ATTEST
By: ________________________________
Melissa Hermann, Chief Deputy City
Clerk
APPROVED AS TO FORM
By: ________________________________
Mario U. Zamora, City Attorney
BORROWER
FARIA FAMILY II LIMITED
PARTNERSHIP
By: ________________________________
Daniel J. Faria, Trustee of the 2017
Daniel J. Faria Separate Property Trust,
General Partner
1 PROMISSORY NOTE
(Secured)
$2,500,000.00 Dated: ___________, 2025
Tulare, California
FARIA FAMILY II LIMITED PARTNERSHIP, a California limited partnership (the “Promisor”), hereby promises to pay to the order of the CITY OF TULARE, CALIFORNIA, an incorporated City in Tulare County, California (the “Payee”) at 411 East Kern Avenue, Tulare, California 93274 (or at such other place as the Payee may direct in writing), the lesser of: (i) the sum of TWO MILLION FIVE HUNDRED THOUSAND and 00/100 DOLLARS ($2,500,000.00), and (ii) the unpaid principal amount of all advances made by Payee to Promisor.
There shall be no interest on the unpaid principal balance of this Note.
Promisor agrees to pay Payee the total principal amount in three (3) equal annual installments. Payee shall give written notice to Promisor of such times at which Promisor is to make such annual installment payments to Payee, which will be based on Payee’s repayment obligation on the underlying loan from Tulare County Association of Governments.
All payments shall be paid in lawful money of the United States of America.
Each installment payment shall be due on the dates specified in the written notice provided by Payee to Promisor. Any installment payment that has not been received by Payee within ten (10) calendar days of an installment due date shall be a Default under this Note. In the event of a Default under this Note, the entire principal balance shall, at the option of Payee, become immediately due and payable.
Promissory may prepay some or all of the principal balance then due on this Note without premium or penalty.
Promisor hereby waives presentment for payment, protest, and notice of protest and nonpayment of this Note.
The following shall be events of Default under this Note: (1) failing to pay any installment under this Note then due, as provided above; (2) filing of a voluntary petition for relief by Promisor under the United States Bankruptcy Code (11 U.S.C. 101, et seq., or any successor statute); (3) filing of an involuntary petition for relief against Promisor under the United States Bankruptcy Code (11 U.S.C. 101, et seq., or any successor statute) which has not been dismissed within sixty (60) days of filing; or (4) an application for appointment of a receiver made by or against Promisor making a general assignment for the benefit of creditors, or the insolvency of Promisor.
2 In the event of a Default of any provision of this Note, Promisor agrees to pay for all costs of collection, including without limitation, reasonable attorneys’ fees and costs incurred, whether or not litigation is commenced as part of the collection process.
No renewal or extension of this Note, delay in enforcing any right of Payee under this Note or assignment of this Note by Payee shall affect the liability of Promisor. All rights and remedies of the Payee under this Note are cumulative and may be exercised concurrently or consecutively at the Payee’s option.
If one (1) or more of the provisions of this Note are determined by a court to be unenforceable, in whole or in part, for any reason, the remaining provisions shall remain fully operational and enforceable.
This Note is SECURED by a Deed of Trust signed by Promisor.
FARIA FAMILY II LIMITED PARTNERSHIP
By: ________________________________
Daniel J. Faria, Trustee of the 2017 Daniel J. Faria
Separate Property Trust, General Partner
1 SECURITY AGREEMENT
This AGREEMENT (“Agreement”) is made on ________ ____, 2025 by and between CITY OF TULARE, CALIFORNIA, a California municipal corporation and an incorporated City in Tulare County, California (“SECURED PARTY”), and the FARIA FAMILY II LIMITED PARTNERSHIP (“DEBTOR”), (collectively as the “Parties”) and in consideration of the loan given (or to be given) by SECURED PARTY to DEBTOR, the Parties agree to the following terms:
1. Security Interest. DEBTOR grants to SECURED PARTY, and SECURED PARTY hereby accepts, a security interest in the real property (“Property”) more particularly described in the attached Exhibit “A,” which is incorporated herein by reference.
2. Obligation Secured. The security interest created by this Agreement shall become effective immediately upon SECURED PARTY’s extension of up to a TWO MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLAR ($2,500,000.00) line of credit loan to DEBTOR (“Loan”). This Agreement secures the Loan from SECURED PARTY to DEBTOR and any other amount that DEBTOR may come to owe to SECURED PARTY under the Loan Documents.
To perfect SECURED PARTY’s security interest in the Property, DEBTOR will sign a Short Form Deed of Trust (“Deed of Trust”) that is consistent with the terms of this Agreement. The Deed of Trust will be recorded against the Property by SECURED PARTY upon extension of the Loan to DEBTOR. The Deed of Trust shall be in the first position with respect to other security interest and encumbrances recorded against the Property. The Loan Agreement and Deed of Trust shall contain a provision providing for the release of approximately seven (7) acres on the Property to allow for development subsequent to its creation as a separate parcel (the “Released Property”) more particularly described in the attached Exhibit “B,” which is incorporated herein by reference.
The terms of the Loan are contained in a Loan Agreement (“Loan Agreement”) and Promissory Note (“Note”) signed by DEBTOR, and the terms of the Loan Agreement and Note are incorporated herein by reference.
This Security Agreement, the Deed of Trust, the Loan Agreement, and the Note are collectively referred to as the “Loan Documents.”
This Agreement will automatically expire when the principal amount and any other amount owed by DEBTOR to SECURED PARTY under the Loan Documents are paid in full. Upon full payment of such amounts, SECURED PARTY will reconvey the Deed of Trust to remove the Deed of Trust from the Property’s chain of title. 2 3. Debtor Obligations. DEBTOR will:
(a) Pay SECURED PARTY all amounts payable under the Loan Documents and perform all other obligations of DEBTOR under the Loan Documents when such obligations become due.
(b) Maintain the Property in the condition that existed at the time of SECURED PARTY’s extension of the Loan to DEBTOR. If the Property is damaged, DEBTOR will immediately notify SECURED PARTY in writing and will promptly repair and restore the Property, regardless of whether insurance covers the damage to the Property. If DEBTOR fails to commence repair of any damage to the Property within thirty (30) calendar days of the date on which the damage occurs, SECURED PARTY, at its sole discretion, may, but shall not be required to, perform the repairs, and any costs incurred by SECURED PARTY will be added to the Loan’s principal; provided, however, if the damage to the Property is of a type that will cause addition damage to the Property is of a type that will cause addition damage to the Property, DEBTOR will start the repair work as soon as possible (and less than thirty (30) calendar days from the date of damage) and will promptly complete the work.
(c) Pay before delinquency all property taxes and other assessments against the Property.
SECURED PARTY may, but shall not be required to, pay any delinquent taxes or assessments on DEBTOR’s behalf, and any amount paid by SECURED PARTY will be added to the Loan’s principal.
(d) Ensure that no liens senior to the liens held by SECURED PARTY are recorded or filed against the Property while this Agreement remains in effect; provided, however, that in the event a valid Claim of Lien is recorded in the chain of title to the Property as provided by Civil Code § 8416, et seq. and other, similar legislation, DEBTOR shall have 180 days to cure the same or post a release bond as provided by Civil Code § 8416 and similar legislation.
(e) Satisfy the insurance requirements under the Loan Agreement. SECURED PARTY may, but shall not be required to, obtain and maintain the required insurance coverage if DEBTOR fails to do so, and any amount paid by SECURED PARTY for such insurance will be added to the Loan’s principal.
(f) Permit SECURED PARTY to inspect and examine the Property upon SECURED PARTY’s request.
(g) Not use the Property in any manner that violates any applicable law, rule, regulation, or ordinance.
3 (h) Execute any further documents and take any further action reasonably requested by SECURED PARTY to evidence or perfect the security interest granted under this Agreement, or which may be required to maintain the first priority of SECURED PARTY’s Deed of Trust.
4. Sale or Transfer of the Property. If DEBTOR sells or otherwise transfers ownership of the Property before the Loan is paid in full, all unpaid principal and other amounts owed under the Loan shall become immediately due in full and payable to SECURED PARTY upon DEBTOR’s transfer of ownership of the Property.
5. Actions by Secured Party.
(a) Any payments made by the SECURED PARTY on DEBTOR’s behalf under this Agreement will be secured by this Security Agreement and will be added to the Loan’s principal.
(b) DEBTOR appoints SECURED PARTY as attorney-in-fact to do all acts and things which SECURED PARTY may deem necessary or advisable to perfect and continue to perfect the security interest created by this Security Agreement and to preserve, maintain, and protect the Property. In order to protect and preserve the Property, DEBTOR authorizes SECURED PARTY to enter upon the Property.
6. Default.
(a) Any of the following events will be an “Event of Default”:
i. Any failure by DEBTOR to pay due when due the full amount of any payment of principal or other amounts which are or may be secured by this Agreement;
ii. Any failure by DEBTOR to perform or observe any requirement of this Agreement or in any other Loan Document;
iii. The falsity of any statement made by DEBTOR as a basis for the Loan secured by this Agreement;
iv. If the Property should be taken or levied upon under any legal or governmental process, or if there is a uninsured loss, substantial damage to or destruction of the Property;
v. If DEBTOR becomes insolvent or declares bankruptcy, either voluntary or involuntary, or makes an assignment for the benefit of creditors; vi. Any action for collection of a debt that results in a final judgment against DEBTOR
vii. Entry of an order appointing a receiver for DEBTOR 4 viii. .DEBTOR sells, transfers, or offers the Property as collateral for another loan senior to the lien of SECURED PARTY.
(b) If there is an Event of Default, SECURED PARTY, at its sole discretion, may accelerate the Loan, regardless of the terms of the Loan Agreement or the Note. Acceleration of the Loan will cause all unpaid amounts owed to SECURED PARTY under the Loan Documents to be immediately due and payable.
(c) After default, SECURED PARTY may proceed by Nonjudicial Foreclosure only upon the Deed of Trust that secures the Loan, it being understood and agreed that DEBTOR has and shall have no personal liability for a deficiency under any circumstances. (d) SECURED PARTY will apply the proceeds following a sale of the Property occurring through foreclosure, as they are received, in the following order:
i. To the SECURED PARTY, the reasonable expenses of foreclosure and expenses associated with enforcing the Loan Documents;
ii. To the SECURED PARTY, the unpaid amount owed to SECURED PARTY under the Loan Documents;
iii. To the holders of subordinate security interests in the Property; and To DEBTOR, the remaining sales proceeds, if any.
(e) Except as provided at Paragraph (c) of this Section 6, no remedy is exclusive of any other remedy, and remedies available to SECURED PARTY shall be cumulative and in addition to every other remedy given under this Agreement or any other agreement between DEBTOR and SECURED PARTY or existing at law or in equity.
7. Waiver. SECURED PARTY’S waiver of any default by DEBTOR shall not be a waiver of any subsequent default.
8. Assignment by Secured Party. SECURED PARTY may assign its rights under this Agreement and the security interest created by this Agreement. Should SECURED PARTY assign its rights under this Agreement or the security interest created by this Agreement, SECURED PARTY’S assignees will be entitled, on written notice of the assignment being given by SECURED PARTY to DEBTOR, to all performance required of DEBTOR by this Agreement and all payments secured by this Agreement. DEBTOR will not be relieved of any obligations by SECURED PARTY’s assignment of its rights under this Agreement. DEBTOR will not assert any defense, offset, or counterclaim against any assignee of SECURED PARTY’s interest except for defenses that cannot be waived.
9. Notices. Any notice or communication to be given under this Loan Agreement shall be in writing and shall be deemed given and received when delivered personally, one (1) 5 business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or three (3) business days after being mailed by certified mail, with return receipt requested, and addressed as follows:
DEBTOR: Faria Family II Limited Partnership
13927 Road 136
Tipton, California 93272
Attention: Steve Faria
With a copy to: Herr Pedersen & Berglund LLP
100 W Willow Ave #300
Visalia, California 93291
Attention: Merl Ledford III, Esq.
SECURED PARTY: City of Tulare
411 East Kern Avenue
Tulare, California 93274
Attention: Marc Mondell, City Manager
With a copy to: Griswold, LaSalle, Cobb, Dowd & Gin, LLP 111 East Seventh Street
Hanford, California 93230
Attention: Mario U. Zamora, Esq.
Any Party to this Agreement may change the address to which notices may be sent by giving notice of such change in accordance with the provisions of this Section.
10. Time of Essence. Time is of the essence for purposes of this Agreement.
11. Term of Agreement. This Agreement will remain in effect until all amounts secured by this Agreement have been paid in full to SECURED PARTY and until DEBTOR has performed all obligations required under the Loan Documents.
12. Binding on Heirs and Assigns. This Agreement shall be binding upon the heirs, successors, and assigns of the Parties.
13. Other Agreements. Each Party, DEBTOR and SECURED PARTY, agrees to enter into any additional agreements, assignments, or documents that the SECURED PARTY may deem reasonably necessary to accomplish the purposes of this Agreement.
14. Sole and Only Agreement. This instrument and the documents that the Parties sign concurrently with this Agreement constitute the sole and only agreement between the Parties respecting the Loan and the security interest in the Property created by this Agreement. This instrument correctly sets forth the rights, duties, and obligations of each 6 Party to the other Party with respect to the Loan and the security interest created in the Property. Any prior agreements, promises, negotiations, or representations concerning the subject matter of this Agreement not expressly set forth in the Loan Documents shall have no force or effect. Except as otherwise provided in this Agreement, any amendment or modification of this Agreement shall be effective only if done in writing and signed by both Parties.
15. Venue.In the event of a lawsuit to enforce or interpret this Agreement, such lawsuit must only occur and be heard by the Superior Court of the State of California for the County of Tulare, if in state court, or the United States District Court for the Eastern District of California, in in federal court.
16. Severability. The provisions of this Agreement shall be deemed independent and several and the invalidity or partial invalidity or unenforceability of any one (1) provision or portion of a provision shall not affect the validity or the enforceability of any other provision of this Agreement, and this Agreement shall be construed as if such unenforceable provision did not exist. As used herein, the term "unenforceable” is used in its broadest and most comprehensive sense and includes the concepts of void and voidable.
IN WITNESS WHEREOF, DEBTOR and SECURED PARTY have signed this Agreement on the date first identified above.
SECURED PARTY
CITY OF TULARE
A California municipal corporation
By: ________________________________
Marc Mondell, City Manager
ATTEST
By: ________________________________
Melissa Hermann, Chief Deputy City
Clerk
APPROVED AS TO FORM
By: ________________________________
Mario U. Zamora, City Attorney
DEBTOR
FARIA FAMILY II LIMITED
PARTNERSHIP
By: ________________________________
Daniel J. Faria, Trustee of the 2017
Daniel J. Faria Separate Property Trust,
General Partner
7 EXHIBIT “A”
PROPERTY LEGAL DESCRIPTION
APN: 191-070-024; 191-080-017
8 EXHIBIT “B”
RELEASED PROPERTY LEGAL DESCRIPTION
APN: 191-070-024
1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
NAME GRISWOLD LASALLE
ATTN: MARIO U. ZAMORA
ADDRESS 111 EAST SEVENTH STREET
CITY HANFORD
STATE & ZIP CALIFORNIA 93230
SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS
APN: 191-070-024; 191-080-017
This Deed of Trust, made this ___ day of ____________, 2025, between FARIA FAMILY II LIMITED PARTNERSHIP, a California limited partnership, herein called Trustor, whose address is 13927 Road 136, Tipton, California 93272;
STEWART TITLE OF CALIFORNIA, a California corporation, herein called Trustee, whose address is 3740 W Mineral King Ave, Visalia, California 93291; and
CITY OF TULARE, CALIFORNIA, a California municipal corporation, herein called Beneficiary, whose address is 411 East Kern Avenue, Tulare, California 93724.
Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in Tulare County, California, described as:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (the “Property”) Further Witnesseth: That Trustor, upon completion of certain improvements, seeks a release of approximately seven (7) acres of the Property, and Beneficiary, upon written notice of completion of certain improvements by Trustor, IRREVOCABLY RELEASES from this Deed of Trust that property in Tulare County, California, described as:
SEE EXHIBIT B ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (the “Released Property”) DUE ON SALE (ACCELERATION): EXCEPT AS PROVIDED FOR PARTIAL RELEASE IN THE PARTIES’ LOAN AGREEMENT DATED __________, 2025, THE PROVISIONS OF WHICH ARE INCORPORATED BY THIS REFERENCE,, if Trustor shall sell, convey, or alienate said property or any part thereof, or any interest therein, or shall be divested of their title in any manner or way, whether voluntarily or involuntarily, any indebtedness or obligation secured hereby, irrespectively of the maturity date expressed in any note evidencing the same, at the option of the holder hereof and without demand or notice, shall immediately become due and payable.
This deed of trust, and the note secured hereby, are given and accepted as consideration for the loan made by Beneficiary to Trustor.
TOGETHER WITH the rents, issues and profits thereof for the purpose of securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebtedness evidenced by that certain Promissory Note of even date herewith made by and between Trustor and Beneficiary, and any extension or renewal thereof, in the principal sum of Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000.00) executed by Trustor in favor of Beneficiary or order. 3. Prompt and complete payment and performance of the Obligations (as defined in that certain Loan Agreement of even date herewith) when due (whether at stated maturity, by acceleration or otherwise)
4. Payment of such further sums as the then record owner of said Property may borrow from Beneficiary, when evidenced by another note (or notes) or other instrument reciting it is so secured.
To Protect the Security of This Deed of Trust, Trustor Agrees: By the execution and delivery of this Deed of Trust and the note secured hereby, that provisions (1) to (14), inclusive, of the fictitious deed of trust recorded in Santa Barbara County and Sonoma County October 18, 1961 and in all other counties October 23, 1961, in the book and at the page of Official Records in the office of the county recorder of the county where said Property is located, noted below opposite the name of such county, viz.:
COUNTY BOOK PAGE COUNTY COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 435 684 Imperial 1091 501 Modoc 184 851 San Francisco A332 905 Sonoma 1851 689 Alpine 1 250 Inyo 147 598 Mono 52 429 San Joaquin 2470311 Stanislaus 1715 456 Amador 104 348 Kern 3427 60 Monterey 2194 538 San Luis Obispo 115112 Sutter 572 297 Butte 1145 1 Kings 792 833 Napa 639 86 San Mateo 4078420 Tehama 401 289 Calaveras 145 152 Lake 362 39 Nevada 305 320 Santa Barbara 1878860 Trinity 93 366 Colusa 296 617 Lassen 171 471 Orange 5889 611 Santa Clara 5336341 Tulare 2294 275 Contra Costa 3978 47 Los Angeles T2055 899 Placer 895 301 Santa Cruz 1431494 Tuolumne 135 47 Del Norte 78 414 Madera 810 170 Plumas 151 5 Shasta 684 528 Ventura 2062 386 2 El Dorado 568 456 Marin 1508 339 Riverside 3005 523 San Diego Series 2 Book 1961, Page 183887 Fresno 4626 572 Mariposa 77 292 Sacramento 4331 62 Sierra 29 335 Glenn 422 184 Mendocino 579 530 San Benito 271 383 Siskiyou 468 181 Yolo 653 245 Humboldt 657 527 Merced 1547 538 San Bernardino 5567 61 Solano 1105182 Yuba 334 486 (which provisions, identical in all counties, are printed on the reverse hereof) hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length (the “Incorporated Provisions”); that Trustor will observe and perform said provisions; and that the references to property, obligations, and parties in said provisions shall be construed to refer to the property, obligations, and parties set forth in this Deed of Trust.
The Addendum attached hereto (and incorporated by this reference herein) contains other terms and conditions of this Deed of Trust.
The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to Trustor at Trustor’s address hereinbefore set forth.
IN WITNESS WHEREOF, Trustor has caused this Deed of Trust to be executed as of the day and year first written above.
TRUSTOR:
By: ________________________________
Daniel J. Faria, Trustee of the 2017 Daniel J. Faria
Separate Property Trust, General Partner
3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
CALIFORNIA ACKNOWLEDGEMENT
STATE OF CALIFORNIA } ss:
COUNTY OF ________________________
On __________________________________, before me, ________________________ _______________________________, a Notary Public, personally appeared _____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _________________________________ (Seal)
4 Exhibit A
to Short Form Deed of Trust and Assignment of Rents
from
Faria Family II Limited Partnership
for the benefit of
City of Tulare, California
Legal Description of the Property
For APN/Parcel ID: 191-070-024; 191-080-017
5 Exhibit B
to Short Form Deed of Trust and Assignment of Rents
from
Faria Family II Limited Partnership
for the benefit of
City of Tulare, California
Legal Description of the Released Property
For APN/Parcel ID:191-070-024
Staff Report
Meeting: City Council
Date: August 5, 2025
Department: Community Services
Submitted by: Chris Orr, Community Services Director
Agenda Title: Heritage Tree Preservation Ordinance Revisions
RECOMMENDED ACTION
Pass to print an ordinance repealing and replacing Sections 8.52.010, 8.52.030, 8.52.060, and 8.52.070 of Chapter 8.52 (Preservation of Heritage Trees) of the Tulare Municipal Code.
SUMMARY
The current municipal code for heritage tree management, specifically Sections 8.52.020, 8.52.030,
8.52.060, 8.52.070, and 8.52.090, presents several discrepancies and gaps, leading to inconsistencies in enforcement and a lack of clear guidance for tree preservation.
Key Issues:
Arborist Report Requirement
Missing/Outdated Pruning Standards.
Inadequate Pruning Regulations
PROPOSED ORDINANCE REVISIONS :
§ 8.52.010 Definitions. For the purposes of this chapter, certain words and terms used herein are defined as follows.
Arborist Report. A professional report prepared by a Certified Arborist that documents the location, species, size, and condition of tree(s) proposed for removal or preservation, includes visual examination of any damage, and provides recommendations for removal, preservation, or mitigation measures based on the arborist's professional judgment.
Certified Arborist. A person having expertise in the care and maintenance of trees who is certified by the International Society of Arboriculture (ISA) or the American Society of Consulting Arborists (ASCA), and who maintains his or her accreditation.
Heritage Tree. Any Valley Oak Tree (Quercus lobata), with a trunk diameter of two inches or greater at a point four and one-half feet above the root crown (also referred to as two inches D.B.H.), or any living tree designated by resolution of the Council as a historic tree because of an association of some event or person of historical significance to the community or because of special recognition due to the size, condition, or aesthetic qualities. Council designation of any tree other than a Valley Oak Tree will require the consent of the persons owning the property as of the date of the designation, and shall be based upon standards, including, but not limited to the following:
(A) Any tree which is indigenous to the area or which has adapted exceptionally well to the climatic conditions of the Tulare area, or is one of a kind;
(B) Any stand of trees where the native species are dependent upon each other for survival; Item #: 11.4
General Business
(C) Any tree which has an exceptional age size for its species, or is a representative of a species, or is an outstanding specimen;
(D) Any tree which has distinctive structural interest or is generally different.
Major Pruning. The removal of twenty-five percent (25%) or more of a tree's crown, existing foliage, or root system within a 12-month period, or any cutting of branches with a diameter of six inches or greater for heritage trees or two inches or greater for Valley Oak trees.
Trimming. The cutting or removal of any portion of a tree that does not constitute Major Pruning, including branches less than six inches in diameter for Heritage Trees or less than two inches in diameter for Valley Oak trees, or which removes less than twenty-five percent (25%) of the tree’s crown, existing foliage, or root system, and does not kill the tree.
§ 8.52.030 Permit applications.
Any person desiring to destroy or remove a Heritage Tree on private or public property must first obtain a removal permit by applying in writing to the Director. Within seven days of receipt of the application, the Director shall inspect the premises where the Heritage Tree is located and shall issue a written decision approving or denying the application. If approved, the decision may include conditions. The Director’s failure to render a decision within the specified period, however, shall not be deemed automatic approval to remove the Heritage Tree.
(A) The Director’s decision shall be based upon reasonable standards, including, but not limited to, the following:
1. The condition of the Heritage Tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its status as a host for plant diseases, pests, or infections that may endanger other species of trees or plants.
2. The necessity of the requested action to allow for construction, development, or improvement of the property, or to otherwise allow economic or other reasonable enjoyment of property.
3. The topography of the land and the effect of the requested action on soil retention, water retention, and diversion or increased flow of surface waters.
4. The number, species, size, and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the City of Tulare as a whole.
5. Good forestry practices including, but not limited to, the number of healthy trees the subject parcel of land will support.
(B) The application for removal of a Heritage Tree shall include an Arborist Report prepared by a Certified Arborist. The report must include:
1. Detailed photographic documentation of the tree(s) proposed for removal;
2. Precise location, species, diameter measurement at 4.5 feet above ground, and condition assessment of each tree;
3. Tree Risk Assessment in accordance with International Society of Arboriculture Best Management Practices, including identification of any high or extreme risk ratings;
4. Tree Health Rating classification (excellent, good, fair, poor, dying, or dead) as defined in the Guide for Plant Appraisal, 10th Edition;
5. Documentation of any disease, pest infestation, structural defects, or site condition problems affecting the tree;
6. Analysis of potential preservation alternatives, including pruning, cabling, or other arboricultural treatments;
7. A clear professional recommendation regarding whether the tree(s) should be removed or preserved; and
8. Proposed mitigation measures if removal is recommended. (C) In deciding on an application for a permit, the Director may attach reasonable conditions to ensure compliance with the stated purposes of this chapter, including, but not limited to, a condition requiring up to two replacement trees from 15-gallon containers or larger, in a suitable location as substitutes for the removed tree or trees, at the sole expense of the applicant. Any decision shall include a statement of the reasons for the decision. § 8.52.060 Heritage Tree Pruning Permits and Requirements.
Except in cases of emergencies as described in § 8.52.050, no person shall perform Major Pruning of any Heritage Tree, including Valley Oak trees, within the City of Tulare without first obtaining a Major Pruning Permit from the Director as provided herein.
(A) The application for a Major Pruning Permit shall be in a form as provided by the Director and shall include the following information:
1. The name, address, and telephone number of the property owner;
2. The name, address, and telephone number of the person(s) intending to prune the tree;
3. The date(s) of the proposed pruning;
4. A description of the tree(s) to be pruned, including the approximate size and location of the tree with sufficient specificity to enable the Director to precisely locate and identify the subject tree(s);
5. An Arborist Report prepared by a Certified Arborist that includes:
a. Detailed photographic documentation of the tree(s) proposed for pruning; b. Tree condition assessment;
c. Detailed pruning specifications in accordance with the standards referenced in §
8.52.070(A);
d. Justification for the proposed pruning work; and
e. Any recommended mitigation measures to maintain the health of the tree.
6. If the work is to be performed in any public right-of-way, proof of insurance coverage for general liability, property damage, and workers' compensation; and
7. Proof of the possession of a valid City of Tulare business license for tree service work. (B) The Director, when reviewing Major Pruning Permit applications, shall consider:
1. Current tree condition and potential impacts to future tree health;
2. Danger to people or property;
3. Interference with existing structures or utilities; and
4. Conformity with industry-standard arboricultural practices. (C) A copy of the approved Major Pruning Permit must be in the possession of the person pruning the heritage tree or oak tree at all times during the course of the work being performed. (D) For pruning that does not meet the threshold of Major Pruning, classified as Trimming:
1. No Notice of Intent to Prune is required when a property owner performs trimming on their own private property, provided the work is actually and solely performed by the property owner and follows proper arboricultural practices as referenced in § 8.52.070(A).
2. For all other trimming work, a Notice of Intent to Prune shall be submitted to the Director prior to the start of work, containing the information required in subsection (A), items 1-4, plus:
a. If performed by a commercial company on private property, proof of a valid City of Tulare business license for tree service work.
b. If performed in any public right-of-way, proof of insurance coverage for general liability, property damage, and workers' compensation, and proof of a valid City of Tulare business license for tree service work.
(E) All trimming shall be performed in accordance with proper arboricultural practices as referenced in § 8.52.070(A).
§ 8.52.070 Pruning Standards
(A) All pruning of heritage trees shall be performed in accordance with the most recent edition of the American National Standards Institute (ANSI) A300 Pruning Standards and the International Society of Arboriculture (ISA) Best Management Practices for Tree Pruning. (B) Major Pruning of heritage trees shall be conducted in accordance with an approved Major Pruning Permit as set forth in § 8.52.060. Major Pruning permit applications shall include an Arborist Report prepared by a Certified Arborist in accordance with the standards referenced in subsection (A).
(C) The Director, when reviewing Major Pruning Permit applications, shall consider:
1. Current tree condition and potential impacts to future tree health;
2. Danger to people or property;
3. Interference with existing structures or utilities; and
4. Conformity with industry-standard arboricultural practices. (D) Improper pruning or trimming practices including, but not limited to, topping, lion's tailing, or excessive crown reduction that damage the structure or health of the tree are prohibited. (E) The Director shall maintain copies of current pruning standards referenced in subsection (A) which shall be available for public inspection in the office of the Recreation, Parks and Library Director
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
The ordinance changes were recommended by the City Attorney’s office,
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
If the comprehensive ordinance update is not approved, the Community Services Department cannot issue citations or defend enforcement actions. Additionally heritage trees in Tulare could be harmed and safety hazards created.
ATTACHMENTS
1. Ordinance
Reviewed/Approved:
ORDINANCE 2025-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING AND REPLACING SECTIONS 8.52.010, 8.52.030, 8.52.060, AND 8.52.070 OF CHAPTER 8.52 (PRESERVATION OF HERITAGE TREES) OF THE TULARE MUNICIPAL CODE
WHEREAS, it is the intent of the City of Tulare that certain desirable trees, bearing unique characteristics, and certain designated “Heritage Trees” be preserved even if the desirable or Heritage Trees are damaging adjacent pavement and property; and WHEREAS, procedures to preserve such trees were adopted by the City Council; and WHEREAS, due to discrepancies and gaps in Chapter 8.52 of the Tulare Municipal Code, it is necessary to repeal and replace certain sections of this chapter to ensure clear, consistent enforcement is applied in the City’s effort in preserving Heritage Trees.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Tulare as follows:
SECTION 1. Sections 8.52.010, 8.52.030, 8.52.060, and 8.52.070 of Chapter 8.52 of Title 8 of the Municipal Code are hereby repealed in their entirety and replaced as follows:
8.52.010 Definitions.
For the purposes of this chapter, certain words and terms used herein are defined as follows.
Arborist Report. A professional report prepared by a Certified Arborist that documents the location, species, size, and condition of tree(s) proposed for removal or preservation, includes visual examination of any damage, and provides recommendations for removal, preservation, or mitigation measures based on the arborist's professional judgment.
Certified Arborist. A person having expertise in the care and maintenance of trees who is certified by the International Society of Arboriculture (ISA) or the American Society of Consulting Arborists (ASCA), and who maintains his or her accreditation.
Director. The Community Services Director of the City of Tulare or their designee or designated representative.
Dripline. The circumference of a circle drawn around the tree with the radius being a line beginning at the center of the trunk of the tree and ending at a point directly below the outermost branch tips of the tree.
Heritage Tree. Any Valley Oak Tree (Quercus lobata), with a trunk diameter of two inches or greater at a point four and one-half feet above the root crown (also referred to as two inches D.B.H.), or any living tree designated by resolution of the Council as a historic tree because of an association of some event or person of historical significance to the community or because of special recognition due to the size, condition, or aesthetic qualities. Council designation of any tree other than a Valley Oak Tree will require the consent of the persons owning the property as of the date of the designation, and shall be based upon standards, including, but not limited to the following:
(A) Any tree which is indigenous to the area or which has adapted exceptionally well to the ORDINANCE 2025-XX
climatic conditions of the Tulare area, or is one of a kind; (B) Any stand of trees where the native species are dependent upon each other for survival; (C) Any tree which has an exceptional age size for its species, or is a representative of a species, or is an outstanding specimen;
(D) Any tree which has distinctive structural interest or is generally different.
Major Pruning. The removal of twenty-five percent (25%) or more of a tree's crown, existing foliage, or root system within a 12-month period, or any cutting of branches with a diameter of six inches or greater for Heritage Trees or two inches or greater for Valley Oak trees.
Person. Individuals, associations, corporations, public agencies, joint ventures, partnerships, independent contractors, and other agents and employees.
Preservation. Acts to promote the life, growth, health or beauty of trees, shrubs or plants, including but not limited to, pruning, trimming, topping, root pruning, spraying, mulching, watering, fertilizing, cultivating, supporting and treating for disease and injury.
Trimming. The cutting or removal of any portion of a tree that does not constitute Major Pruning, including branches less than six inches in diameter for Heritage Trees or less than two inches in diameter for Valley Oak trees, or which removes less than twenty-five percent (25%) of the tree’s crown, existing foliage, or root system, and does not kill the tree.
8.52.030 Permit Applications.
Any person desiring to destroy or remove a Heritage Tree on private or public property must first obtain a removal permit by applying in writing to the Director. Within seven days of receipt of the application, the Director shall inspect the premises where the Heritage Tree is located and shall issue a written decision approving or denying the application. If approved, the decision may include conditions. The Director’s failure to render a decision within the specified period, however, shall not be deemed automatic approval to remove the Heritage Tree. (A) The Director’s decision shall be based upon reasonable standards, including, but not limited to, the following:
1. The condition of the Heritage Tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its status as a host for plant diseases, pests, or infections that may endanger other species of trees or plants.
2. The necessity of the requested action to allow for construction, development, or improvement of the property, or to otherwise allow economic or other reasonable enjoyment of property.
3. The topography of the land and the effect of the requested action on soil retention, water retention, and diversion or increased flow of surface waters.
4. The number, species, size, and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the City of Tulare as a whole.
ORDINANCE 2025-XX
5. Good forestry practices including, but not limited to, the number of healthy trees the subject parcel of land will support.
(B) The application for removal of a Heritage Tree shall include an Arborist Report prepared by a Certified Arborist. The report must include:
1. Detailed photographic documentation of the tree(s) proposed for removal;
2. Precise location, species, diameter measurement at 4.5 feet above ground, and condition assessment of each tree;
3. Tree Risk Assessment in accordance with International Society of Arboriculture Best Management Practices, including identification of any high or extreme risk ratings;
4. Tree Health Rating classification (excellent, good, fair, poor, dying, or dead) as defined in the Guide for Plant Appraisal, 10th Edition;
5. Documentation of any disease, pest infestation, structural defects, or site condition problems affecting the tree;
6. Analysis of potential preservation alternatives, including pruning, cabling, or other arboricultural treatments;
7. A clear professional recommendation regarding whether the tree(s) should be removed or preserved; and
8. Proposed mitigation measures if removal is recommended. (C) In deciding on an application for a permit, the Director may attach reasonable conditions to ensure compliance with the stated purposes of this chapter, including, but not limited to, a condition requiring up to two replacement trees from 15-gallon containers or larger, in a suitable location as substitutes for the removed tree or trees, at the sole expense of the applicant. Any decision shall include a statement of the reasons for the decision.
8.52.060 Heritage Tree Pruning Permits and Requirements.
Except in cases of emergencies as described in § 8.52.050, no person shall perform Major Pruning of any Heritage Tree, including Valley Oak trees, within the City of Tulare without first obtaining a Major Pruning Permit from the Director as provided herein. (A) The application for a Major Pruning Permit shall be in a form as provided by the Director and shall include the following information:
1. The name, address, and telephone number of the property owner;
2. The name, address, and telephone number of the person(s) intending to prune the tree;
3. The date(s) of the proposed pruning;
4. A description of the tree(s) to be pruned, including the approximate size and location of the tree with sufficient specificity to enable the Director to precisely ORDINANCE 2025-XX
locate and identify the subject tree(s);
5. An Arborist Report prepared by a Certified Arborist that includes:
a. Detailed photographic documentation of the tree(s) proposed for pruning; b. Tree condition assessment;
c. Detailed pruning specifications in accordance with the standards referenced in § 8.52.070(A);
d. Justification for the proposed pruning work; and
e. Any recommended mitigation measures to maintain the health of the tree.
6. If the work is to be performed in any public right-of-way, proof of insurance coverage for general liability, property damage, and workers' compensation; and
7. Proof of the possession of a valid City of Tulare business license for tree service work.
(B) The Director, when reviewing Major Pruning Permit applications, shall consider:
1. Current tree condition and potential impacts to future tree health;
2. Danger to people or property;
3. Interference with existing structures or utilities; and
4. Conformity with industry-standard arboricultural practices. (C) A copy of the approved Major Pruning Permit must be in the possession of the person pruning the heritage tree or oak tree at all times during the course of the work being performed. (D) For pruning that does not meet the threshold of Major Pruning, classified as Trimming:
1. No Notice of Intent to Prune is required when a property owner performs trimming on their own private property, provided the work is actually and solely performed by the property owner and follows proper arboricultural practices as referenced in § 8.52.070(A).
2. For all other trimming work, a Notice of Intent to Prune shall be submitted to the Director prior to the start of work, containing the information required in subsection (A), items 1-4, plus:
a. If performed by a commercial company on private property, proof of a valid City of Tulare business license for tree service work. b. If performed in any public right-of-way, proof of insurance coverage for general liability, property damage, and workers' compensation, and proof of a valid City of Tulare business license for tree service work.
ORDINANCE 2025-XX
(E) All trimming shall be performed in accordance with proper arboricultural practices as referenced in § 8.52.070(A).
8.52.070 Pruning Standards.
(A) All pruning of Heritage Trees shall be performed in accordance with the most recent edition of the American National Standards Institute (ANSI) A300 Pruning Standards and the International Society of Arboriculture (ISA) Best Management Practices for Tree Pruning. (B) Major Pruning of heritage trees shall be conducted in accordance with an approved Major Pruning Permit as set forth in § 8.52.060. Major Pruning permit applications shall include an Arborist Report prepared by a Certified Arborist in accordance with the standards referenced in subsection (A).
(C) The Director, when reviewing Major Pruning Permit applications, shall consider:
1. Current tree condition and potential impacts to future tree health;
2. Danger to people or property;
3. Interference with existing structures or utilities; and
4. Conformity with industry-standard arboricultural practices.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 3. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this XX day of XXXX 202X.
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
Item#: 12.1
Future Agenda Item
-- OPPORTUNITY GROWS HERli --
COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Clerk's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.
NAME OF REQUESTING COUNCILMEMBER
JOSE SIGALA
ITEM TITLE
TODA Y'S DATE
7/27/2025
AGENDA DATE
8/5/2025
Council directs City Manager to conduct a study session on the Inyo Corridor project and economic development opportunities on the westside of Tulare.
BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Mr. Mayor and Council,
I would like to ask for your support in placing on our August 19, 2025, meeting agenda the following item for discussion and possible action:
• That Council direct the City Manager to schedule a study session at the October 21st council meeting to receive an update status of the Inyo Corridor economic development project, the status of the $500,000 dollars in ARPA funds set aside for the project, and an update on the economic development study being conducted on the westside.
As you are aware, a few years ago the Council dedicated$ 500,000 dollars from ARPA funds for use on the Inyo Corridor to help spur economic development from J street to West street and I was able to use some of the ARPA funds assigend to to pay for the westside economic development study under way.
As the city continues to grow on the eastside of the city, economic development continues to remain stagnant on the westside despite the construction of new homes. The study that is currently being conducted collects data that can be useful in economic development opportunities on the westside.
I strongly believe that the Inyo Corridor economic project along with the study helps move forward economic development opportunities and it would be appropriate to dedicate a study session for this discussion.
Thank you for your consideration.
JOSE SIGALA
Item#: 12.2
Future Agenda Item
-- OPPORTUNITY GROWS HERli --
COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Clerk's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.
NAME OF REQUESTING COUNCILMEMBER
JOSE SIGALA
ITEM TITLE
TODA Y'S DATE
7/27/2025
AGENDA DATE
8/5/2025
Creation of a City Council Adhoc Committee to explore with the City of Corcoran the possibility of establishing a public transit corridor between the cities of Corcoran and Tulare.
BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Mr. Mayor and Council,
I would like to ask for your support in placing on our August 19, 2025, meeting agenda the following item for discussion and possible action:
• That Council consider creating an Adhoc Committee of Council Members and appropriate staff that will meet with its counterparts in Corcoran to research, discuss, explore, and report out the necessary steps on the possibility of creating a South County Public Transit Corridor pilot program between both cities.
The corridor has the potential to provide residents and students of both cities and the southern parts of Kings and Tulare counties with a connection for the purpose of students attending the Tulare COS campus, embarking on the Amtrak, visiting the Tulare Outlets, supporting each city's businesses, or reaching any other destination in both Tulare and Kings counties.
As you are aware, there has been some investment in public transit that would benefit the residents of both Kings and Tulare counties through Hanford and Visalia. An example is the effort to connect them both once the High Speed Rail project is completed.
Exploring an additional and far less expensive transit corridor between Tulare and Corcoran would be a benefit to both cities and the residents of the southern parts of the respective counties, and it could be operational years ahead of the High Speed Rail project.
I have reached out to Corcoran Council Members about the idea and they have indicated interest.
The creation of the Adhoc committee would be helpful for both cities to develop a plan that can then be presented to the appropriate and respective agencies in both counties for further consideration.
Thank you for your consideration.
Jose Sigala
Item#: 12.3
Future Agenda Item
-- OPPORTUNITY GROWS HERli --
COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Clerk's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.
NAME OF REQUESTING COUNCILMEMBER
JOSE SIGALA
ITEM TITLE
TODA Y'S DATE
7/27/2025
AGENDA DATE
8/5/2025
Amending the Handbook of Rules and Procedures of the City Council of the City of Tulare to include an amendment to number 4 and add a new number 5 in Section Y (Future Agenda Items) of Chapter 2.
BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Mr. Mayor and Council,
Section Y provides Council with a process to request to have future council agenda items considered for future meetings. In my experience approved items are taking too long to come back to council for consideration. I would like to work to address this concern by recommending we amend Chapter 2, Section Y.
Amending this section as described below will help assure items which secure a majority of Council be brought back for consideration in a reasonable amount of time.
I would like to ask for your support in placing on our August 19, 2025 meeting agenda the following item for discussion and possible action:
> That Council consider amending the Handbook of Rules and Procedures of the City Council of the City of Tulare to include an amendment to number 4 and add a new number 5 in Section Y (Future Agenda Items) of Chapter 2.
> Amend # 4 as noted: At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis will be prepared for agendizing as determined by the city manager at the time of Council discussion, unless otherwise directed by majority of the City Council, or as stated on the Council Request Form. > Add # 5: The City Manager or his/her designee will track and monitor all approved items, provide a quarterly update on the status of the items at a Council meeting, and explain to Council any delays encoutered that would impact the timeline for the item to be considered by Council.
Thank you for your consideration.
Jose Sigala
Council Member, First District