Agenda packet — Tulare City Council, August 5, 2025 (part 1 of 2)

City of Tulare Page 1 of 5
Tulare Public Library & Council Chamber Tuesday, August 5, 2025 491 North M Street, Tulare CA 93274 6:00 p.m. Special Meeting www.tulare.ca.gov 7:00 p.m. Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

Regular City Council meetings are held on the first and third Tuesdays of the month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare, subject to cancellation.

Additional meetings of the City Council may be called as needed.

Members of the public may attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849 during Public Comment. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.

A person desiring to address the City Council is encouraged to complete a public comment card and provide to the city clerk prior to the start of the meeting. Comments are limited to three minutes per speaker unless extended by the Council. Depending upon the extent of the agenda and number of persons desiring to speak on an issue, the mayor may, at the beginning of the item, limit the time for individual comments. When invited by the mayor to speak, please approach the lectern and begin your comments by stating your name and city of residence.
• All remarks shall be addressed to the Council as a body and not to any member thereof. • No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the mayor.
• No question shall be asked of a councilmember or a member of City staff except through the mayor.
• Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Public Comment. • No person shall engage in disorderly or boisterous conduct which disturb, disrupt, impede, or otherwise render the orderly conduct of the meeting infeasible. Persons engaging in such conduct may be subject to ejection of the meeting pursuant to Government Code Sections 54954.3 and 54957.95.

Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

City of Tulare YouTube Channel: https://www.youtube.com/@cityoftulare3805 Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov. Copies are also available for public inspection at the City Clerk’s Office located at City Hall, 411 E. Kern Avenue, Second Floor, during normal business hours.

City Councilmembers
Patrick Isherwood, Mayor
Steve Harrell, Vice Mayor
Jose Sigala
Terry A. Sayre
City Council Meeting Notice & Agenda Dennis A. Mederos
City Council Meeting Agenda Tuesday, August 5, 2025
City of Tulare Page 2 of 5
6:00 P.M. SPECIAL MEETING

1. CALL TO ORDER

2. STUDY SESSION - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

2.1 Presentation on Parks & Recreation Master Plan Update and Gopher Abatement in Parks.

Recommended Action: Receive a presentation by staff and provide direction thereto.

3. ADJOURNMENT
7:00 P.M. REGULAR MEETING

4. CALL TO ORDER

5. PLEDGE OF ALLEGIANCE AND INVOCATION

6. PUBLIC COMMENT - Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from acting on any matter not on the agenda; however, your comments may be referred to staff for follow up. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing and General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, public comment is limited to a total of fifteen minutes with each speaker allowed three minutes, unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

7. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office ten days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting.

8. COUNCIL REPORTS AND ITEMS OF INTEREST

9. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately.

9.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances by waived.

9.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of July 15, 2025. [M. Wilcox]
City Council Meeting Agenda Tuesday, August 5, 2025
City of Tulare Page 3 of 5

9.3 Second Reading and Adoption of Ordinance 2025-09.

9.4 Committee on Aging Appointment.

Recommended Action: Confirm Vice Mayor Harrell’s appointment of Ken Espinoza to the Committee on Aging to fill a vacancy with a term ending December 31, 2025. [M. Wilcox]

9.5 Adding Annexed Territory to Council District.

9.6 2025/2026 DBE Program Implementation Agreement.

9.7 Asphalt Contract with Deer Creek.

9.8 Deferral of Development Impact Fees for Chipotle at Sequoia Marketplace.

9.9 Correction to Resolution Declaring Surplus Property.

9.10 Equipment Agreement with Setton Farms, Inc.

Recommended Action: Approve a ten-year agreement with Setton Farms, Inc. for refilling of Self-Contained Breathing Apparatuses owned by Setton Farms, Inc. [M. Ott]

9.11 City of Tulare Aircraft Fuel Concessionaire Agreement with Valley Air Crafts.

9.12 Settlement and Release Agreement Associated with Bardsley Sidewalk Project.

Recommended Action: Approve the Settlement and Release Agreement in the matter of City of Tulare v. Guillermo Contreras Rios and Lorena Amezcua Castillo, Trustees of the Guillermo City Council Meeting Agenda Tuesday, August 5, 2025
City of Tulare Page 4 of 5
Contreras Rios and Lorena Amezcua Castillo Living Will and Trust dated October 11, 2024, Tulare County Superior Court Case No. VCU321920. [M. Zamora]

10. PUBLIC HEARING - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

10.1 Placing Public Improvement Loans on Tax Roll.

10.2 Zone Amendment 762: TMC 10.38 Historic Cultural Landmarks Ordinance.

10.3 Historic-Cultural Landmark Nomination for Tulare First United Methodist Church.

11. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

11.1 Healthcare Presentation Request.

11.2 Downtown Restaurant Incentive Program.

Recommended Action: Provide staff with direction regarding the potential development and implementation of a Downtown Restaurant Incentive Program. [M. Mondell]

11.3 Loan Agreement with Faria Family II Limited Partnership.

11.4 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. [C. Orr]
City Council Meeting Agenda Tuesday, August 5, 2025
City of Tulare Page 5 of 5

12. FUTURE AGENDA ITEMS

12.1 Study Session on Inyo Corridor Project and Development Opportunities on Westside.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Councilmember Sigala

12.2 AdHoc Committee for Possible Transit Corridor Between Tulare and Corcoran.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Councilmember Sigala

12.3 Amend Section Y of Chapter 2 of the Council’s Handbook of Rules & Procedures.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Councilmember Sigala

13. STAFF UPDATES

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

14.1 Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Gov. Code § 54956.9(d)(4): 1 case

15. RECONVENE FROM CLOSED SESSION

16. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

17. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, August 19, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).

POSTED: Friday, August 1, 2025 Melissa Wilcox, Chief Deputy City Clerk Office of the City Manager
411 East Kern, Tulare, CA 93274
559.684.4200 | www.tulare.ca.gov
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: August 5, 2025 Agenda Memo
Date: August 1, 2025
Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress.

The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items, and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda. This may occur to best manage the time at a meeting or to adapt to the participation of the public.
6:00 p.m. Special Meeting

1. CALL TO ORDER

2.1 Presentation on Parks & Recreation Master Plan Update and Gopher Abatement in Parks.

Recommended Action: Receive a presentation by staff and provide direction thereto.

3. ADJOURNMENT
7:00 p.m. Regular Meeting

4. CALL TO ORDER

5. PLEDGE OF ALLEGIANCE AND INVOCATION

8. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:20 p.m.]

9.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

9.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of July 15, 2025. [M. Wilcox]

9.3 Second Reading and Adoption of Ordinance 2025-09.

Recommended Action: Adopt Ordinance 2025-09 approving Zone Amendment No. 758 changing the existing zoning designation from R-1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area), R-1-12.5 (Single-family Residential, 12,500 sq. ft. minimum lot area) and R1-20 (Single-family Residential, 20,000 sq. ft. minimum lot area) to R-1-4 (Low Density Residential). [S. Sopp]
Summary: This is a request by Blue Fern Development to subdivide approximately 33.48-acres into a 171-lot single-family residential subdivision. The applicant is proposing to re-zone the subject property to R-1-4 (Single-Family Residential, 4,000 sq. ft. minimum lot area).

The proposed project site is located within the north-western portion of the City of Tulare, on the east side of North ‘E’ Street and between Zumwalt and West Gail Avenues. Entry access to the development will be established through two new points of access off North E Street as well as from one entry point from Zumwalt Avenue which will be extended along the northern boundary of the development.

The current zoning for the project site consists of several zoning designations including the R1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area), R-1-12.5 (Single-family Residential, 12,500 sq. ft. minimum lot area) and R-1-20 (Single-family Residential, 20,000 sq. ft. minimum lot area). The applicant proposes to amend the zoning designation to allow for the proposed single-family residential development. The Zone Amendment is a request to change the existing zoning designation to R-1-4 (Low Density Residential). The proposed R-1-4 zone is consistent with the existing Low Density Residential General Plan Land Use Designation.

On July 15, 2025, the proposed ordinance was introduced and passed-to-print by Council.

Fiscal Impact & Funding Source(s): As future development occurs, payment of entitlement, building permit, development impact fees, etc. will be required of the developer. Development will result in an increase in property tax value.

Environmental Review: An Initial Study/Mitigated Negative Declaration was prepared for this project for public review pursuant to provisions of the Public Resources Code, State of California, Section 21000 to 21177 of the California Environmental Quality Act (CEQA). The City of Tulare was the lead agency on the preparation of the Initial Study/Mitigated Negative Declaration. A notice of Public Hearing for the project, and the Notice of Intent to Adopt the Mitigated Negative Declaration was published on May 14, 2025.

Tulare City Council Page 3 of 21
Agenda Memo - August 5, 2025
A comment letter was received during the 30-day review period from the San Joaquin Valley Air Pollution Control District (SJVAPCD) and the Department of Conservation. The applicant’s consultant in conjunction with city staff have prepared responses for each of the comment letters received and have been incorporated into the final IS/MND.

On March 5, 2025, pursuant to Public Resources Code Section 21080.3.1, a request for review to determine if formal consultation is appropriate was sent to the Santa Rosa Rancheria Tachi Yokut Tribe. No requests for tribal consultation were received from the tribe in response.

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; or 3) Table.

9.4 Committee on Aging Appointment.

Recommended Action: Confirm Vice Mayor Harrell’s appointment of Ken Espinoza to the Committee on Aging to fill a vacancy with a term ending December 31, 2025. [M. Wilcox] Summary: The Committee on Aging is a five-member committee responsible for advising the Community Services Department on matters of senior citizen interest including such areas as recreation, social, and nutritional services. Members are appointed by the City Council, by seat, and serve four-year terms. The Committee meets at 12:00 p.m. on the third Wednesday of each month at the Senior Community Center.

On March 31, 2025, staff was advised of the passing of Committee member Albert Lemus. Staff began soliciting applications of those interested in filling the unexpired term. Committee members are selected by Council seat which means that each councilmember selects a Tulare resident to serve on the Committee. Selections by councilmembers are then confirmed by majority vote of the Council.

Albert Lemus was selected by Council seat 3. Applications of those interested in serving on the Committee were provided to Vice Mayor Harrell who represents Council District 3. Of those that applied, Vice Mayor Harrell has selected Ken Espinoza to serve the remainder of Mr. Lemus’ term, which expires on December 31, 2025.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to 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; or 3) Table.

Tulare City Council Page 4 of 21
Agenda Memo - August 5, 2025

9.5 Adding Annexed Territory to Council District.

Recommended Action: Adopt a resolution adopting the revised City Council Election District Boundaries to include the recently annexed territory through the FNC Farming Annexation Project to Council District 5. [M. Wilcox]
Summary: Since 2012, the City of Tulare has been comprised of five single-member electoral districts. In 2021 and 2022, after the federal decennial census and under the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act (AB 849), the City Council held numerous redistricting public hearings. On March 15, 2022, the City Council adopted Resolution 2022-07, adjusting the boundaries of City Council Election Districts following the 2020 United States Census.

Pursuant to the California Elections Code (EC), after redistricting, a city council shall not adopt new council district boundaries until after the next federal decennial census, except under the following circumstances: 1) court order; 2) the council is settling a legal claim that its boundaries violate the U.S. Constitution, the federal Voting Rights Act; 3) the boundaries of the city change by the addition of territory due to annexation or by subtraction of territory; 4) the number of council members by districts is increased or decreased; or 5) an independent redistricting commission is established to adopt new council districts between federal decennial census. (EC § 21625, subd. (a))
On June 4, 2025, Annexation 2024-02, East Tulare No. 38 (FNC Farming), was approved by the Tulare County Local Agency Formation Commission (LAFCO). This annexation added approximately 145.79 acres to the City of Tulare located at the southeast corner of Prosperity Avenue and Morrison Street.

Since the annexation adds territory to the City, state law specifies that the City Council shall add the new territory to the nearest existing council district without changing the boundaries of other council districts. (EC § 21623, subd. (a))
City staff reviewed the City’s current boundaries and recommends the annexed area be absorbed by District 5 as the annexed area is adjacent to District 5. Accordingly, District 5 is the most appropriate designation until the City reviews its boundaries during the next decennial census.

Upon City Council adoption and approval, the City Clerk will transmit the City Council action to the County
of Tulare Registrar of Voters (ROV). The City’s next regular municipal election is November 3, 2026. The
City is not expected to adjust voting districts until the next decennial census in 2030.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to 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.

Tulare City Council Page 5 of 21
Agenda Memo - August 5, 2025
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; or 3) Table.

9.6 2025/2026 DBE Program Implementation Agreement.

Recommended Action: Authorize the City Engineer to execute the 2025/2026 Disadvantaged Business Enterprise (DBE) Program Implementation Agreement with California Department of Transportation (Caltrans). [M. Miller]
Summary: To be eligible to receive federal funding on any transportation related project, the City of Tulare must have an approved Disadvantaged Business Enterprise (DBE) Program in place. Caltrans has recently revamped their DBE Program requirements. A two-stage approval process is now required. The first stage of establishing a DBE program for the City of Tulare is for us to enter into an implementation agreement with Caltrans. This agreement offers assurance to Caltrans that the City will follow-thru in establishing goals for the participation of DBE firms in federal-aid projects undertaken by the City. It further insures that the City will incorporate the required DBE boilerplate language into contract specifications for federal-aid projects and identifies City staff that will be responsible for insuring that the requirements of its DBE Program are complied with.

Fiscal Impact & Funding Source(s): Failure to execute a Disadvantaged Business Enterprise Program Implementation Agreement with Caltrans would result in the loss federal funds programmed in the City’s Capital Improvement Program for fiscal year 2025/2026. The following projects would be impacted:
• EN0097 – International AgriCenter Way Extension Project - $4 million Federal Earmark
• EN0102 – South K Street Improvements - $3 million Surface Transportation Block Grant Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: The Disadvantaged Business Enterprise Program Implementation Agreement is a standard agreement created by Caltrans. Modification of the agreement is not permissible.

Legal review is not required.

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 - Staff will endeavor to incorporate changes directed by Council, but modification of the actual agreement is not allowed; 2) Deny - The City would be unable to utilize federal sources for its transportation improvement project; or 3) Table - Delay would result in failure to meet Caltrans deadlines for submittal of an executed agreement, which would result in the loss of federal funding for transportation improvement projects scheduled for fiscal year 2025/2026.

9.7 Asphalt Contract with Deer Creek.

Recommended Action: Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $68.00/ton for 3/8” Plant Run Cold Mix with Oil, $63/ton for ½” Plant Run Cold Mix with Oil and $61.00/ton Tulare City Council Page 6 of 21
Agenda Memo - August 5, 2025
for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney. [T. Whitfield]
Summary: As a part of the City’s Pavement Management Program, the Streets Division annually programs transportation funding for minor street repair projects such as reclamite, fiber seal, chip seal, or overlay project to stabilize and extend the life of city streets. This is a maintenance project that is independent from any of the capital projects currently scheduled and approved and will be funded from the annual Transportation Pavement Management program.

Through the annual Pavement Management program, there is approximately $300,000 available annually for minor street repair projects. A contract for the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete would give staff the ability to do a number of the 19 proposed overlay projects listed in Attachment A. The overlay projects can be completed by City staff using the new paver that was purchased in April 2019. This also locks in the price for material used for pothole patching for one year.

Similar overlay projects have been completed since 2019/2020 using the same products and these streets have held up well since that time. Staff anticipates that this project will extend the life of the selected locations between eight and ten years.

The City’s Purchasing Policy (Section 4, page 18, C) allows for the use of “Cooperative Purchasing or Piggy-Back” contracts to take advantage of competitively bid purchasing if it would “provide the City with benefits”. Awarding this contract to Deer Creek allows staff to move forward in an expeditious manner to complete this work while the weather allows it, because this product has recently been competitively bid by another public agency.

Tulare County awarded a contract for the purchase of the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete to Deer Creek in June 2024 after advertising for competitive bids. Deer Creek has agreed to hold the prices for those same products through June 30, 2026 as follows:
1) 3/8” Plant Run Cold Mix with Oil $68.00 per ton
2) ½” Plant Run Cold Mix with Oil $63.00 per ton
3) ½” Hot Asphalt Concrete $61.00 per ton
The contracts between the County of Tulare and Deer Creek for the three materials are attached (Attachment B).

Fiscal Impact & Funding Source(s): Funding for this work is budgeted annually through the CIP in the Annual Transportation – Pavement Management project account #ST0006.

Environmental Review: This action does not constitute a “project” pursuant to 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.

Tulare City Council Page 7 of 21
Agenda Memo - August 5, 2025
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If this contract is not approved, staff will have to get separate bids every time they need to purchase cold or hot mix.

This will slow down projects and could affect response time to traffic safety concerns.

9.8 Deferral of Development Impact Fees for Chipotle at Sequoia Marketplace.

Recommended Action: Adopt a resolution approving a deferral of impact fees, pursuant to Section 8.56.080 of the Tulare Municipal Code, as requested by NFDI-1SM LLC (Property Owner) in the sum of $55,615.32, pertaining to the development of the property located at 2258 East Bardsley Avenue, Tulare CA 93274 (APN 172-150-026). [M. Anaya] Summary: The City of Tulare through Site Plan Review No. 25-05 approved the construction of a restaurant (Chipotle), located at 2258 East Bardsley Avenue, Tulare CA 93274. On January 16, 2025, Property Owner applied for building permits accompanied by building plans to begin construction of the project.

Property Owner is requesting a deferral of the development impact fees totaling $55,615.32 associated with the project pursuant to section 8.56.080 of the Tulare Municipal code which provides in part:

8.56.080 Payment of fees.

The fees established pursuant to this chapter shall be paid for the property on which a development project is proposed at the time of the issuance of any required building permit, except as otherwise provided below:
(B) Fees imposed on non-residential development may be deferred by action of the City Council. The action shall consist of the adoption of a resolution consistent with the following terms and conditions:
(1) A determination is made that such action will promote and stimulate economic development within the city. The City Council shall make specific findings setting forth how the subject project accomplishes this goal;
(2) Establish a specific timetable for payment in full of the deferred fees. The City Council may also require a percentage to be paid with the issuance of a building permit. In no event shall deferral of payment in full be permitted for more than five years; (3) Interest on the unpaid portion of deferred impact fees shall accrue at a rate equal to the Local Agency Investment Fund (LAIF) interest rate in effect at the time the resolution is adopted and shall be articulated in the resolution. Interest shall be due and payable, in full, with the final payment, although interest may be paid earlier at the election of the party developing the project;
(4) A written guarantee of payment in full of the impact fees, in the form of a surety bond or some other form of surety instrument as may be acceptable to the City Engineer and the City Attorney, shall be executed and delivered to the city prior to the issuance of a building permit for the project. Interest in real property may be deemed an appropriate form of surety; and
(5) A determination is made that the deferral of the fees shall not materially affect the financial ability of the city to satisfy its then current five-year capital improvement program.

The value of this project will generate new construction sales tax. The Property Owner, when possible, will employ a local contractor who commits to using local subcontractors. Additionally, Tulare City Council Page 8 of 21
Agenda Memo - August 5, 2025
a percentage of all construction materials associated with the project will be purchased locally when possible.

Property Owner shall be required to pay all non-development impact fee related fees totaling $17,319.83 and $11,123.07 (20%) of the development impact fees at the time of the issuance of the building permit. Property Owner agrees to pay the remaining outstanding eighty percent (80%) balance of the total development impact fees sum of $44,492.25, in equal installments of $11,123.07, plus 4.27% interest, the rate equal to the Local Agency Investment Fund (LAIF) interest rate in effect at the time the resolution is adoption, on or before August 5th of the consecutive years 2026, 2027, 2028 and 2029.

Fiscal Impact & Funding Source(s): The deferral of the project’s development impact fees shall not materially affect the financial ability of the city to satisfy its current five-year capital improvement program.

Environmental Review: This action does not constitute a “project” pursuant to California Environmental Quality Act (CEQA).

Conflict of Interest: Staff is not aware of any conflicts of interest.

Legal Review: The standard development impact fee deferral agreement template has been used, as reviewed, and approved as to form by the City Attorney.

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; or 3) Table. If the development impact fees deferral agreement is not approved, it could delay issuance of the building permit and construction of the proposed project.

9.9 Correction to Resolution Declaring Surplus Property.

Recommended Action: Adopt a resolution repealing Resolution 2024-65 due to a clerical error, which inadvertently listed the same parcel number twice, and declaring approximately five acres of City-owned property located between K Street and Highway 99 just south of Commercial Avenue (APNs 191-350-010 and 191-350-017) as surplus property pursuant to Government Code Section 65402. [G. Gonzalez]
Summary: The City owns two parcels of undeveloped land located between K Street and Highway 99, just south of Commercial Avenue (APNs: 191-350-010 and 191-350-017). These parcels are zoned Industrial under the City’s 2035 General Plan.

In accordance with the California Surplus Land Act (SLA), the City is required to declare the property as surplus and issue a Notice of Availability (NOA) to eligible public agencies and housing sponsors. A 60-day response period must be provided before the City may enter into negotiations for the property’s disposition.

On December 3, 2024, the City Council held a public hearing and approved Resolution 2024- 65 declaring the parcels as surplus land. However, a clerical error resulted in the duplicate listing of one Assessor’s Parcel Number (APN). This error must be corrected to ensure compliance with State requirements. The NOA process has already been initiated using the corrected parcel information.

Tulare City Council Page 9 of 21
Agenda Memo - August 5, 2025
If no eligible public agency expresses interest by the end of the 60-day response period (set to close on August 10, 2025), the City may proceed with offering the properties for sale on the private market.

Fiscal Impact & Funding Source(s): There is no immediate fiscal impact resulting from the correction of the resolution. Any future fiscal impact will depend on subsequent negotiations and potential sale of the property.

Environmental Review: This action does not constitute a “project” pursuant to 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; or 3) Table.

9.10 Equipment Agreement with Setton Farms, Inc.

Recommended Action: Approve a ten-year agreement with Setton Farms, Inc. for refilling of Self-Contained Breathing Apparatuses owned by Setton Farms, Inc. [M. Ott] Summary: The Tulare Fire Department has partnered with Setton Farms, Inc. for over a decade in refilling Setton Farms, Inc.’s Self-Contained Breathing Apparatuses. The Tulare Fire Department desires to continue its relationship with Setton Farms, Inc. through a formal written agreement. The Tulare Fire Department and Setton Farms, Inc. have engaged in negotiations and reached an agreement in which Setton Farms, Inc. will pay Thirty-Five Thousand Dollars ($35,000.00) to the Tulare Fire Department in exchange for the Tulare Fire Department continuing to refill a limited number of Setton Farms, Inc.’s Self-Contained Breathing Apparatuses per year for a ten-year period. The Tulare Fire Department is to purchase a new air compressor capable of filling Self-Contained Breathing Apparatuses with the Thirty-Five Thousand Dollars ($35,000.00).

Fiscal Impact & Funding Source(s): Under this agreement, Setton Farms, Inc. will pay ThirtyFive Thousand Dollars ($35,000.00) to the Tulare Fire Department.

Environmental Review: This action does not constitute a “project” pursuant to 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) Approve with changes; 2) Deny; or 3) Table.

Tulare City Council Page 10 of 21
Agenda Memo - August 5, 2025

9.11 City of Tulare Aircraft Fuel Concessionaire Agreement with Valley Air Crafts.

Recommended Action: Approve a five-year agreement with Valley Air Crafts for operation of City of Tulare Fuel Dispensing Equipment and Facilities and sale of aviation fuels at the Mefford Field Airport. [M. Correa]
Summary: Valley Air Crafts operates an aircraft maintenance, sales, and services business and has operated the City of Tulare’s Fuel Dispensing Equipment and Facilities at the Mefford Field Airport in agreement with the City for over two decades. On December 1, 2018, the City of Tulare and Valley Air Crafts entered into a previous Concessionaire Agreement for a term of five years.

The proposed Aircraft Fuel Concessionaire Agreement provides that Valley Air Crafts is to purchase, store, and offer for sale, safe, clean aircraft-grade gasoline(s) and kerosene-based jet fuel(s) using the City of Tulare’s existing fuel dispensing equipment. The proposed Aircraft Fuel Concessionaire Agreement also provides that Valley Air Crafts is to maintain the City of Tulare’s restroom facilities located at the Mefford Field Airport, including providing weekly janitorial services. Concessionaire Valley Air Crafts is also responsible for all gas, water, sewer, electrical, and telephone service charges uses, consumed or provided in performance of the proposed agreement, excluding water service for the restroom facilities located at the Mefford Field Airport.

Fiscal Impact & Funding Source(s): If approved as presented, the City will receive base rent in the sum of $170.50 per month, with base rent adjustments made in the amount of three percent annually, commencing on May 1, 2026 and on May 1 annually thereafter. The City is also to receive a flowage fee of $0.12 per gallon for all aviation fuel sold to third parties by Valley Air Crafts, whether by self-service or otherwise.

Environmental Review: This action does not constitute a “project” pursuant to 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) Approve with changes; 2) Deny; or 3) Table.

9.12 Settlement and Release Agreement Associated with Bardsley Sidewalk Project.

Recommended Action: Approve the Settlement and Release Agreement in the matter of City of Tulare v. Guillermo Contreras Rios and Lorena Amezcua Castillo, Trustees of the Guillermo Contreras Rios and Lorena Amezcua Castillo Living Will and Trust dated October 11, 2024, Tulare County Superior Court Case No. VCU321920. [M. Zamora] Summary: Staff previously engaged in communications with the owners of the subject property, APN 172-040-031, commonly known as 3158 East Bardsley Avenue, in the City of Tulare, County of Tulare, State of California, to acquire 1,821 square feet of the above-referenced property in connection with CIP Project EN0078 – Bardsley/Morrison Sidewalk Improvements at MOHS. On February 21, 2025, staff sent the property owners an offer in the sum of $25,900.00. Subsequently, the City’s consultant, Paragon Partners, engaged in Tulare City Council Page 11 of 21
Agenda Memo - August 5, 2025
communications with the owners of the subject property and agreed to a monetary offer of $38,000.00 for a partial property fee acquisition in fee simple with additional non-monetary terms.

On May 29, 2025, the City Attorney’s Office filed a complaint in eminent domain, Tulare County Superior Court Case No. VCU321920, seeking to acquire by eminent domain 1,821 square feet of APN 172-040-031.

The City Attorney’s Office has been in contact with counsel for the owners of the subject property. After discussion, staff and the owners of the subject property have come to an agreement on the following terms:
- $42,000 to acquire 1,821 square feet in fee simple
- $15,000 reimbursement for fence removal along the above-referenced property, with the understanding that the owners of the subject property are responsible for removing and reinstalling the fence. If the fence is not removed by the time construction of the Bardsley Avenue Sidewalk Improvement Project on the Property commences, the City would remove the fence, with no obligation to reimburse the owners of the subject property. - The City is to maintain and reconstruct driveways on the subject property to allow access - The City will install stubs at the property lines to allow for future connections, and the owners of the subject property are to coordinate any future utility connection with the respective utility company(ies)
- The City and its contractor and/or agent are responsible for all activity and cost related to the utility pole relocation located on the subject property - The City’s contractor and/or agent are to replace in kind any improvements damaged during construction of the Bardsley Avenue Sidewalk Improvement Project - The City’s contractor and/or agent are to mitigate noise, duty, and property impacts to the extent possible
Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to 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) Approve with changes; 2) Deny; or 3) Table.

Tulare City Council Page 12 of 21
Agenda Memo - August 5, 2025

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 7:40 p.m.]

10.1 Placing Public Improvement Loans on Tax Roll.

Recommended Action: Adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks, gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments [M. Roberts] Summary: In 1997, the Board of Public Utilities Commissioners and the City Council approved resolutions authorizing the adoption of the provisions of Streets and Highways Code Section 5870 et. Seq., under the 1911 Act. These provisions provide for the financing of certain public works related costs and declaring the repayment of the same to be assessed against property owners and placed on the property tax rolls.

The City has entered into nine agreements with various property owners to construct and finance connections, primarily to City sewer services, and place those costs on property tax rolls in installments. Prior to sending the assessments to the County of Tulare, a public hearing is required to allow anyone objecting and wanting to address the City Council.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to 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: A notice of public hearing was published in The Visalia Times Delta on July 25, 2025, which is at least 10 days prior to the public hearing.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

10.2 Zone Amendment 762: TMC 10.38 Historic Cultural Landmarks Ordinance.

Recommended Action: Pass-to-print an ordinance approving Zone Amendment 762, repealing and reenacting Chapter 10.38 (Historic Cultural Landmark and Historic Neighborhood Overlay Zone) of the Tulare Municipal Code. [M. Anaya]
Summary: On October 1, 2024, the City Council adopted Resolution 2024-55, implementing a historic preservation planning program, including several items for staff implementation. One of these items directed staff to review the existing historic preservation ordinance for any recommended revisions needed as part of program implementation. After review by staff and the Historic Cultural Landmarks Ad-Hoc Committee, it has been determined that the current ordinance is well written and provides sufficient detail to address various scenarios that typically arise in a city’s historic preservation planning program. The purpose of the ordinance is to provide direction, guidance, and a clear process with sufficient detail to aid in the management of the historic preservation program.

Tulare City Council Page 13 of 21
Agenda Memo - August 5, 2025
The ordinance strikes the right balance between providing the tools and regulatory standards for historic preservation, while also allowing flexibility and a process for instances when a designated historic cultural landmark requires substantial alternation or demolition. As such, only minor revisions were deemed necessary at this time. The revisions that are proposed simply provide further clarity and consistent terminology to facilitate continued implementation of the city’s historic cultural landmarks program. On June 9, 2025, the Planning Commission voted 5-0 to recommend that the City Council adopt Zone Amendment No. 762 approving the proposed revisions to Chapter 10.38 of the City of Tulare Municipal Code.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to 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: 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) Approve with changes; 2) Deny; or 3) Table.

10.3 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. [M. Anaya]
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 (Single-Family 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 Historic-Cultural 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 Tulare City Council Page 14 of 21
Agenda Memo - August 5, 2025
• 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 Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to 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: 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) Approve with changes; 2) Deny; or 3) Table.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 8:40 p.m.]

11.1 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. [M. Mondell]
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 Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to 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.

Tulare City Council Page 15 of 21
Agenda Memo - August 5, 2025
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; or 3) Table.

11.2 Downtown Restaurant Incentive Program.

Recommended Action: Provide staff with direction regarding the potential development and implementation of a Downtown Restaurant Incentive Program. [M. Mondell] 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.

Staff is seeking direction from Council on one or more of the following:

Tulare City Council Page 16 of 21
Agenda Memo - August 5, 2025

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 Source(s): The program would use $1,000,000 of General Fund Surplus Reserves.

Environmental Review: This action does not constitute a “project” pursuant to 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; or 3) Table.

11.3 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 Faria Family II Limited Partnership and authorize the City Manager to execute all necessary documents. [M. Mondell; M. Zamora]
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 long-term 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 Source(s): 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 California Environmental Quality Act (CEQA).

Tulare City Council Page 17 of 21
Agenda Memo - August 5, 2025
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; or 3) Request Further Analysis.

11.4 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. [C. Orr]
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:

Tulare City Council Page 18 of 21
Agenda Memo - August 5, 2025
(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;
(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; Tulare City Council Page 19 of 21
Agenda Memo - August 5, 2025

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.

Tulare City Council Page 20 of 21
Agenda Memo - August 5, 2025
(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.

Tulare City Council Page 21 of 21
Agenda Memo - August 5, 2025
(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 Source(s): There is no fiscal impact associated with this action.

Environmental Review: This action does not constitute a “project” pursuant to 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; or 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.

12. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 10:00 p.m.]

12.1 Study Session on Inyo Corridor Project and Development Opportunities on Westside.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Councilmember Sigala

12.2 AdHoc Committee for Possible Transit Corridor Between Tulare and Corcoran.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Councilmember Sigala

12.3 Amend Section Y of Chapter 2 of the Council’s Handbook of Rules & Procedures.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Councilmember Sigala

13. STAFF UPDATES [Time Estimate: 10:10 p.m.]

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 10:15 p.m.]

14.1 Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Gov. Code § 54956.9(c): 1 case

15. RECONVENE FROM CLOSED SESSION [Time Estimate: 10:45 p.m.]

16. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

17. ADJOURNMENT [Time Estimate: 10:45 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, August 19, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1 of 6

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, July 15, 2025
7:00 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2.

COUNCIL PRESENT: Mayor Patrick Isherwood
Vice Mayor Steve Harrell
Councilmember Jose Sigala
Councilmember Terry A. Sayre
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario U. Zamora; Chief Deputy City Clerk Melissa Wilcox; Assistant City Manager Thomas W. Gaffery IV; Chief Financial Officer Mark Roberts; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Chris Orr; Police Chief Fred Ynclan; Fire Battalion Chief Pablo Reynoso; Community Development Director Mario Anaya; Executive Director of Economic Development &
Redevelopment Jennifer Gomez

1. CALL TO ORDER
Mayor Isherwood called to order the regular meeting of the City Council at 7:02 p.m. in the Council Chamber located at 491 North M Street.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Isherwood led the Pledge of Allegiance, and an invocation was given by Caleb Byron, Pastor of Tulare First Baptist Church.

3. PUBLIC COMMENT
Rene Salazar addressed the Council expressing concern with ICE agents in Tulare and inquired how the City will respond.

Veronica Torres addressed the Council to introduce the non-profit Inquizitive Bike Club and shared upcoming events.

4. PRESENTATIONS

4.1 Tulare County Economic Development Corporation Annual Update. Airica De Oliviera, President and CEO of the Tulare County Economic Development Corporation provided an update on activity for the year.

4.2 Tulare Chamber of Commerce Annual Report. Donnette Silva-Carter, CEO of the Tulare Chamber of Commerce, along with Freddie Gonzalez and Jacob Fraga, provided an update on Chamber activity for the year.

5. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.

Item #: 9.2
Consent
City Council Meeting Minutes Tuesday, July 15, 2025
City of Tulare Page 2 of 6

6. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported on recent events and discussed items of interest.

7. CONSENT CALENDAR
Items 7.3, 7.5, and 7.8 were removed from the Consent Calendar.

It was moved by Councilmember Sigala, seconded by Vice Mayor Harrell, and unanimously carried to approve the items on the Consent Calendar as presented except for items 7.3, 7.5, and

7.8. 7.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

7.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of June 17, 2025 and June 25, 2025. [M. Wilcox]

7.4 2025/2026 KTAAA Agreements.

Recommended Action: Authorize the City Manager or designee to sign agreements with the Kings/Tulare Area Agency on Aging for the City of Tulare to provide nutritional services through the 2025/2026 K/TAAA Senior Nutrition Program. [B. Beck]

7.6 Construction Contracts for Project EN0074 – Cross Avenue Improvements.

Recommended Action: [M. Miller] Award and authorize the City Manager to sign contracts related to the construction of CIP Project EN0074 - Cross Avenue Improvement Project; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount.

Task Description Contractor Amount
1 Construction Contractor 99 Pipeline of Porterville, CA $1,320,761.56 2 Construction Inspection 4 Creeks of Visalia, CA $314,350 3 Materials Testing Krazan of Clovis, CA $40,520
4 Construction Surveying 4 Creeks of Visalia, CA $29,300 5 Labor Compliance Labor Consultants of California of
Hanford, CA
$15,300

7.7 CEQA Notice of Exemption for Project EN0074 – Cross Avenue Improvements.

Recommended Action: Adopt a resolution approving the California Environmental Quality Act (CEQA) Notice of Exemption for the Cross Avenue Improvement Project; authorizing the City Manager or designee to file the CEQA Notice of Exemption. [M. Miller]

7.9 Monthly Investments Report.

Recommended Action: Accept the monthly investments report for April and May 2025. [M. Roberts]

7.10 Conditional Final Map Acceptance for Phases 4, 6 and 7 of the KCOK Ranch Subdivision.

Recommended Action: Conditionally approve the final map and subdivision improvement agreement for phases 4, 6 & 7 of the KCOK Ranch subdivision for recordation, and accept all easements and dedications offered to the City subject to receipt of the signed final map, all fees, and other required items prior to September 13, 2025. [M. Miller]
City Council Meeting Minutes Tuesday, July 15, 2025
City of Tulare Page 3 of 6

7.11 2025 Cape Seal Project.

Recommended Action: [A. Bettencourt] Award and authorize the City Manager to sign contracts related to the City’s 2025 Cape Seal Project; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount.

7.12 Appointment to the Library Board.

Recommended Action: Confirm the mayor’s appointment of Lisa Hollingshead to the Library Board for a term of three years (July 1, 2025 through June 30, 2028). [M. Wilcox]

ITEM(S) PULLED FROM CONSENT CALENDAR

7.3 New City Logo on Water Tower.

Recommended Action: Award and authorize the City Manager to sign a contract with Pittsburg Tank & Tower Group in the amount of $79,825 to paint the new logo on the old Water Tower located on O Street at Tulare Union High School; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% ($7,982.50). [T. Whitfield]
Council Action: Councilmember Mederos pulled this item to request to table it until the City considers a wayfinding package. Vice Mayor Harrell voiced concern about spending money on this project as he doesn’t believe it is necessary. It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and carried 4 to 1 (Vice Mayor Harrell voted no) to table this item and include it for consideration as part of the wayfinding package.

7.5 Appropriation for the Implementation of Homeless Prevention Service.

Recommended Action: Adopt a resolution authorizing the establishment of a Housing Successor Agency Fund (711) appropriation of up to $21,000 and use of Housing Successor Agency Fund (711) balance for operating costs associated with a homeless prevention and rapid rehousing service administered by Family Services of Tulare County; and authorize the City Manager or their designee to execute a service agreement and other materials as necessary with Family Services of Tulare County. [A. Costales] Council Action: Councilmember Sigala pulled this item to inquire if it is the intent to continue drawing down Housing Successor Agency funds for this purpose or if this is a one-time draw. Community Development Director Mario Anaya provided a response thereto. It was moved by Mayor Isherwood, seconded by Councilmember Sayre, and unanimously carried to approve the item as presented.

7.8 Federal and State Advocacy Services.

Recommended Action: Authorize the City Manager to execute an agreement with Townsend Public Affairs, Inc. for federal and state advocacy services for a term from July 1, 2025 through June 30, 2026 with a monthly fee of $7,000 ($84,000 annually). [M.

Mondell]
Council Action: Councilmember Sigala pulled this item to express his gratitude to Townsend Public Affairs for their efforts in lobbying for the City. Mr. Sigala also requested that a workshop be scheduled in October or November for Townsend Public Affairs to discuss the legislative process and recommendations of bills for the City to pursue. It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to approve the item as presented and to schedule a workshop as requested by Councilmember Sigala.

Task Description Contractor Amount
Cape Seal Contractor VSS International of West Sacramento, CA $984,325 Labor Compliance Labor Consultants of California of Hanford, CA $5,100 City Council Meeting Minutes Tuesday, July 15, 2025
City of Tulare Page 4 of 6

8. PUBLIC HEARING

8.1 Zone Amendment No. 758.

Recommended Action: Adopt a resolution to adopt the initial study/mitigated negative declaration prepared for the Santa Fe West Tentative Subdivision Map and Zone Amendment No. 758; and pass to print an ordinance approving Zone Amendment No. 758 changing the existing zoning designation from R-1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area), R-1-12.5 (Single-family Residential, 12,500 sq. ft. minimum lot area) and R-1-20 (Single-family Residential, 20,000 sq. ft. minimum lot area) to R-1-4 (Low Density Residential).

Presented By: Principal Planner Steven Sopp
Public Comment: The public hearing was opened at 8:28 p.m. Matt Ainley of 4Creeks who represents the developer addressed the Council to state he was available to answer questions the Council may have. The public hearing was closed at 8:29 p.m.

Council Action: Councilmember Sigala inquired about the park dedication as well as the bike lanes. Staff provided responses thereto. It was moved by Councilmember Sayre, seconded by Councilmember Mederos, and unanimously carried to approve the item as presented.

8.2 Landscape Maintenance Assessments for Fiscal Year 2026.

Recommended Action: Adopt a resolution confirming diagram and landscape maintenance assessments and levying assessments for Fiscal Year 2026 and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto.

Presented By: City Engineer Michael Miller
Public Comment: The public hearing was opened at 8:48 p.m. Receiving no comments, the public hearing was closed at 8:49 p.m.

Council Action: Councilmember Sigala inquired about including traffic calming measures in the assessments. City Engineer Michael Miller provided a response thereto. It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to approve the item as presented.

9. GENERAL BUSINESS

9.1 Zumwalt Park Amphitheater Use of Naming Rights Funds.

Recommended Action: Adopt a resolution authorizing an increase of up to $400,000 to the General Fund Community Services Venue Operations account (100-310-301-306- 310-5213) appropriation and use of General Fund fund balance to offset a portion of current concert operational expenses with the fund balance replenished as Zumwalt Park Amphitheater naming rights funds are received.

Presented By: City Manager Marc Mondell; Todd Speelman of Spade Entertainment Public Comment: There were no public comments.

Council Action: Councilmember Sigala expressed concern with authorizing additional funds for the concert series and suggested forming an ad hoc committee to oversee the budget and planning of the concert series. After a lengthy discussion, it was moved by Councilmember Sayre, seconded by Councilmember Mederos, and carried 4 to 1 (Councilmember Sigala voted no) to approve the item as presented.

9.2 Farmland Mitigation Ordinance Implementation.

Recommended Action: Council to receive an update on the status of the Farmland Mitigation Ordinance implementation following the recently adopted revisions.

Presented By: City Manager Marc Mondell; Assistant City Manager Thomas W. Gaffery IV; Dolores Taylor representing Great Valley Land Trust Public Comment: There were no public comments.

Council Action: This item was informational only; therefore, no action was taken.

City Council Meeting Minutes Tuesday, July 15, 2025
City of Tulare Page 5 of 6

9.3 Economic Development Quarterly and June Updates.

Recommended Action: Receive the Economic Development Quarterly and June Updates. This item is informational only; therefore, no action is required.

Presented By: Economic Development & Redevelopment Director Jennifer Gomez Public Comment: There were no public comments.

Council Action: This item was informational only; therefore, no action was taken.

9.4 Tulare Avenue and Oakmore Street Intersection Deferred Improvement Agreement.

Recommended Action: Consider a Deferred Improvement Agreement with the developer of the Fulton Estates project at the southwest corner of Tulare Avenue (SR-137) and Oakmore Street.

Presented By: Assistant City Manager Thomas W. Gaffery IV Public Comment: There were no public comments.

Council Action: This item was not considered; therefore, no action was taken.

10. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL ACTING AS

THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY

10.1 Amended ROPS for the July 1, 2025 through June 30, 2026 Period.

Recommended Action: Adopt a resolution of the Successor Agency to the former Tulare Redevelopment Agency approving and adopting the amended Recognized Obligation Payment Schedule (ROPS) for the January 1, 2026 through June 30, 2026 period (ROPS 25-26).

Presented By: Chief Financial Officer Mark Roberts; City Manager Marc Mondell Public Comment: There were no public comments.

City Council/Successor Agency Action: It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to approve the item as presented.

11. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE CITY COUNCIL

12. FUTURE AGENDA ITEMS

12.1 Direct Staff to Draft Policy for Tulare Police Department to Seek Proper Identification of Masked Federal Agents.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala
Council Action: There was not a consensus to add this item to a future agenda.

12.2 Presentation by Tulare Healthcare Providers on the Status of Access to Healthcare.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala
Council Action: It was the consensus of Council to have staff add this item to a future agenda.

12.3 Planning and Research for New Multi-Diamond Softball Park on Westside.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted By: Councilmember Sigala
Council Action: There was not a consensus to add this item to a future agenda.

13. STAFF UPDATES
Staff provided updates on department activities.

City Council Meeting Minutes Tuesday, July 15, 2025
City of Tulare Page 6 of 6

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

14.1 Conference with Labor Negotiators (Govt. Code § 54957.6) Agency Designated Representatives: City Manager Mondell, City Attorney Zamora, Assistant City Manager Gaffery
Employee Organization(s): Tulare Professional Firefighter Association (Management); Tulare Professional Firefighter Association (Non-Management) Unrepresented Employee(s): Fire Battalion Chief Group

14.2 Conference with Legal Counsel - Existing Litigation (Govt. Code § 54956.9(d)(1)) Name of Case: City of Tulare v. Guillermo Contreras Rios and Lorena Amezcua Castillo, Trustees of the Guillermo Contreras Rios and Lorena Amezcua Castillo Living Will and Trust dated October 11, 2024, Case No. VCU321920
Council recessed to closed session at 10:46 p.m.

15. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 11:08 p.m.

16. CLOSED SESSION REPORT
City Attorney Mario Zamora advised there was no reportable action.

17. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 11:08 p.m.

These meeting minutes were approved by the Council on August 5, 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: Steven Sopp, Principal Planner
Agenda Title: Second Reading and Adoption of Ordinance 2025-09

RECOMMENDED ACTION
Adopt Ordinance 2025-09 approving Zone Amendment No. 758 changing the existing zoning designation from R-1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area), R-1-12.5 (Single-family Residential, 12,500 sq. ft. minimum lot area) and R-1-20 (Single-family Residential, 20,000 sq. ft. minimum lot area) to R-1-4 (Low Density Residential).

SUMMARY
This is a request by Blue Fern Development to subdivide approximately 33.48-acres into a 171-lot singlefamily residential subdivision. The applicant is proposing to re-zone the subject property to R-1-4 (SingleFamily Residential, 4,000 sq. ft. minimum lot area).

The current zoning for the project site consists of several zoning designations including the R-1-6 (Singlefamily Residential, 6,000 sq. ft. minimum lot area), R-1-12.5 (Single-family Residential, 12,500 sq. ft. minimum lot area) and R-1-20 (Single-family Residential, 20,000 sq. ft. minimum lot area). The applicant proposes to amend the zoning designation to allow for the proposed single-family residential development. The Zone Amendment is a request to change the existing zoning designation to R-1-4 (Low Density Residential). The proposed R-1-4 zone is consistent with the existing Low Density Residential General Plan Land Use Designation.

On July 15, 2025, the proposed ordinance was introduced and passed-to-print by Council.

FISCAL IMPACT & FUNDING SOURCES
As future development occurs, payment of entitlement, building permit, development impact fees, etc. will be required of the developer. Development will result in an increase in property tax value.

ENVIRONMENTAL REVIEW
An Initial Study/Mitigated Negative Declaration was prepared for this project for public review pursuant to provisions of the Public Resources Code, State of California, Section 21000 to 21177 of the California Environmental Quality Act (CEQA). The City of Tulare was the lead agency on the preparation of the Initial Study/Mitigated Negative Declaration. A notice of Public Hearing for the project, and the Notice of Intent to Adopt the Mitigated Negative Declaration was published on May 14, 2025.

A comment letter was received during the 30-day review period from the San Joaquin Valley Air Pollution Control District (SJVAPCD) and the Department of Conservation. The applicant’s consultant in conjunction with city staff have prepared responses for each of the comment letters received and have been incorporated into the final IS/MND.

Item #: 9.3
Consent
On March 5, 2025, pursuant to Public Resources Code Section 21080.3.1, a request for review to determine if formal consultation is appropriate was sent to the Santa Rosa Rancheria Tachi Yokut Tribe.

No requests for tribal consultation were received from the tribe in response.

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. Ordinance 2025-09
Reviewed/Approved:

ORDINANCE 2025-09

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF SECTION 10.24.05 OF SAID CODE ZONE AMENDMENT NO. 758
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and, WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and, WHEREAS, the Council of the City of Tulare finds that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act.

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 10.06.060 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 10.06.060; thereof, a property portion of said map, being attached hereto, is hereby amended as follows:

Rezoning approximately 33.48-acres of property from the from R-1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area), R-1-12.5 (Single-family Residential, 12,500 sq. ft. minimum lot area) and R-1-20 (Single-family Residential, 20,000 sq. ft. minimum lot area) to R-1-4 (Low Density Residential) zoning designation and is located at the southeast corner of Zumwalt Avenue and north ‘E’ Street, as set forth more specifically on said map.

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.

ORDINANCE 2025-09

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 5th 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 Clerk
Submitted by: Melissa Wilcox, Chief Deputy City Clerk
Agenda Title: Committee on Aging Appointment

RECOMMENDED ACTION
Confirm Vice Mayor Harrell’s appointment of Ken Espinoza to the Committee on Aging to fill a vacancy with a term ending December 31, 2025.

SUMMARY
The Committee on Aging is a five-member committee responsible for advising the Community Services Department on matters of senior citizen interest including such areas as recreation, social, and nutritional services. Members are appointed by the City Council, by seat, and serve four-year terms. The Committee meets at 12:00 p.m. on the third Wednesday of each month at the Senior Community Center.

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. Application
Reviewed/Approved:

Item #: 9.4
Consent

Staff Report
Meeting: City Council
Date: August 5, 2025
Department: City Clerk
Submitted by: Melissa Wilcox, Chief Deputy City Clerk
Agenda Title: Adding Annexed Territory to Council District

RECOMMENDED ACTION
Adopt a resolution adopting the revised City Council Election District Boundaries to include the recently annexed territory through the FNC Farming Annexation Project to Council District 5.

SUMMARY
Since 2012, the City of Tulare has been comprised of five single-member electoral districts. In 2021 and 2022, after the federal decennial census and under the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act (AB 849), the City Council held numerous redistricting public hearings. On March 15, 2022, the City Council adopted Resolution 2022-07, adjusting the boundaries of City Council Election Districts following the 2020 United States Census.

Constitution, the federal Voting Rights Act; 3) the boundaries of the city change by the addition of territory due to annexation or by subtraction of territory; 4) the number of council members by districts is increased or decreased; or 5) an independent redistricting commission is established to adopt new council districts between federal decennial census. (EC § 21625, subd. (a)) On June 4, 2025, Annexation 2024-02, East Tulare No. 38 (FNC Farming), was approved by the Tulare County Local Agency Formation Commission (LAFCO). This annexation added approximately 145.79 acres to the City of Tulare located at the southeast corner of Prosperity Avenue and Morrison Street.

Upon City Council adoption and approval, the City Clerk will transmit the City Council action to the County of Tulare Registrar of Voters (ROV). The City’s next regular municipal election is November 3, 2026. The City is not expected to adjust voting districts until the next decennial census in 2030.

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.

Item #: 9.5
Consent

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. Resolution
Reviewed/Approved:

RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

ADOPTING THE REVISED CITY COUNCIL ELECTION DISTRICT BOUNDARIES WHEREAS, on March 15, 2022, the City Council of the City of Tulare adopted Resolution 2022-07, adjusting the boundaries of City Council Election Districts following the 2020 Federal Census; and
WHEREAS, on April 1, 2025, the City Council adopted resolutions requesting the Tulare County Local Agency Formation Commission (LAFCO) to take proceedings for Annexation No. 2024-02 (East Tulare No. 38 – FNC Farming) and certifying the Final Environmental Impact Report with appropriate Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program prepared for the Mission Creek Subdivision and Annexation Project in unincorporated territory in the southeast region of the City; and WHEREAS, the Tulare County LAFCO subsequently approved the annexation of the FNC Farming territory into the City of Tulare; and
WHEREAS, pursuant to California Elections Code Section 21623(a), “if the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries”; and WHEREAS, City staff reviewed the City’s current boundaries and recommends the annexed FNC Farming territory be absorbed by the nearest existing council district, District 5.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:

Section 1. The City Council hereby approves the revised City Council Election Boundaries Map, attached hereto as Exhibit A, as the official District Map for City Council elections in the City of Tulare.

Section 2. City staff is hereby authorized and directed to work with the Tulare County Elections Officer/Registrar of Voters who shall prepare election ballots consistent with the attached map to conduct any additional acts necessary to permit implementation of these adopted council districts for future elections.

Section 3. The City Council Districts specified in Exhibit A shall remain in effect until modified.

Section 4. This Resolution and its Exhibit shall be published and available on the City website for as long as the City Council Districts approved by this resolution are in effect.

Resolution 2025-XX

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 5th day of August 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

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: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: 2025/2026 DBE Program Implementation Agreement

RECOMMENDED ACTION
Authorize the City Engineer to execute the 2025/2026 Disadvantaged Business Enterprise (DBE) Program Implementation Agreement with California Department of Transportation (Caltrans).

SUMMARY
To be eligible to receive federal funding on any transportation related project, the City of Tulare must have an approved Disadvantaged Business Enterprise (DBE) Program in place. Caltrans has recently revamped their DBE Program requirements. A two-stage approval process is now required. The first stage of establishing a DBE program for the City of Tulare is for us to enter into an implementation agreement with Caltrans. This agreement offers assurance to Caltrans that the City will follow-thru in establishing goals for the participation of DBE firms in federal-aid projects undertaken by the City. It further insures that the City will incorporate the required DBE boilerplate language into contract specifications for federal-aid projects and identifies City staff that will be responsible for insuring that the requirements of its DBE Program are complied with.

FISCAL IMPACT & FUNDING SOURCES
Failure to execute a Disadvantaged Business Enterprise Program Implementation Agreement with Caltrans would result in the loss federal funds programmed in the City’s Capital Improvement Program for fiscal year 2025/2026. The following projects would be impacted:
• EN0097 – International AgriCenter Way Extension Project - $4 million Federal Earmark • EN0102 – South K Street Improvements - $3 million Surface Transportation Block Grant

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 Disadvantaged Business Enterprise Program Implementation Agreement is a standard agreement created by Caltrans. Modification of the agreement is not permissible. Legal review is not required.

PUBLIC NOTICE
This item does not require a public hearing and was included on the agenda.

ALTERNATIVE ACTION

1. Approve with changes – Staff will endeavor to incorporate changes directed by Council, but modification of the actual agreement is not allowed.

2. Deny – The City would be unable to utilize federal sources for its transportation improvement project.

3. Table – Delay would result in failure to meet Caltrans deadlines for submittal of an executed agreement, which would result in the loss of federal funding for transportation improvement projects scheduled for fiscal year 2025/2026.

Item #: 9.6
Consent

ATTACHMENTS

1. Exhibit 9A - Disadvantaged Business Enterprise Program Implementation Agreement with Caltrans Reviewed/Approved:

Staff Report
Meeting: City Council
Date: August 5, 2025
Department: Public Works - Streets
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Asphalt Contract with Deer Creek

RECOMMENDED ACTION
Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $68.00/ton for 3/8” Plant Run Cold Mix with Oil, $63/ton for ½” Plant Run Cold Mix with Oil and $61.00/ton for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney.

SUMMARY
As a part of the City’s Pavement Management Program, the Streets Division annually programs transportation funding for minor street repair projects such as reclamite, fiber seal, chip seal, or overlay project to stabilize and extend the life of city streets. This is a maintenance project that is independent from any of the capital projects currently scheduled and approved and will be funded from the annual Transportation Pavement Management program.

Item #: 9.7
Consent

FISCAL IMPACT & FUNDING SOURCES
Funding for this work is budgeted annually through the CIP in the Annual Transportation – Pavement Management project account #ST0006.

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
If this contract is not approved, staff will have to get separate bids every time they need to purchase cold or hot mix. This will slow down projects and could affect response time to traffic safety concerns.

ATTACHMENTS

1. Proposed list of projects for FY 2025/26

2. Contracts between Deer Creek and the County of Tulare Reviewed/Approved:

Street Work to be done

1. Bardsley Ave EB: Blackstone St to the west #2 Lane Rmove & Replace 4" HMA

2. M St: Washington Ave to Lois Ave 2" Mill & Overlay

3. Morrison St: Tulare Ave to Sierra Ave 2" Mill & Overlay

4. Paige Ave & Blackstone: Intersection Rebuild 6" HMA

5. Morrison St: Tulare Ave to Sierra Ave 2" Mill & Overlay

6. K St: Rail Xing to Paige Ave 2" Mill & Overlay

7. K St: Bardsley Ave to O'Neal Ave 2" Mill & Overlay

8. West St: Inyo to 532 S. West St Remove & Replace 4" HMA

9. Prosperity Ave: Lakewood St to Lampe St WB 2" Mill & Overlay

10. Oaks St: Kennedy Ave to Dickens Ave 2" Mill & Overlay

11. Cross Ave: West St to B St 2" Mill & Overlay

12. N Gem St: Terrace Ave to E Merritt Ave 2" Mill & Overlay

13. N Terrace Park St: 700-800 Blk Remove & Replace 3" HMA Cape Seal Project Preparation Work to be done Status

1. Champagne Ct: Cul-de-sac Remove & Replace 3" HMA Completed May 2025

2. Champgne St: 1600-1800 BLK Remove & Replace 3" HMA Completed May 2025

3. Firestone St: 1600-1700 BLK Remove & Replace 3" HMA Completed June 2025

4. York Mountain Ct Remove & Replace 3" HMA Completed June 2025

5. Bettinelli Ct Remove & Replace 3" HMA Completed June 2025

6. Daos Ct Remove & Replace 3" HMA Completed July 2025

7. Boyer Ct Remove & Replace 3" HMA Completed July 2025

8. Boyer Dr: 1400-1500 BLK Remove & Replace 3" HMA Completed July 2025

9. Helene St: Finch Ave to 637 N Helene St Remove & Replace 3" HMA Completed July 2025

10. Hemmingway Ct Remove & Replace 3" HMA
* HMA - Hot Mix Asphalt
Proposed Street Paving Projects 2025-2026
Service Contract – Renewal 01

Page 1 ends

RENEWAL NO.: 1 CONTRACT NO.: 1958
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 25-001
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

DON THOMASON & PATTY BAKER
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 3/8” COLD MIX MATERIAL – NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2024 THROUGH JUNE 30, 2026
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Docusign Envelope ID: 1F482392-FBBB-4B70-8E50-FC31D805ED8F Service Contract – Renewal 01

Page 2 ends

SUPPLIER
PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 3/8” COLD MIX – NORTH/SOUTH COUNTY TON $68.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix Material is important and necessary to the County for the economic completion of its road work projects.

PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 3/8" PLANT RUN COLD MIX with OIL: $ 68.00 PER TON

Plant Run Cold Mix – 3/8” mix as per CalTrans Specs. Section #39 or as requested by County representative.

SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative. 4,000 Tons total estimated quantity for North County/South County through June 30, 2026.

Applicable sales tax will be added in addition to the price indicated above.

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

PLANT LOCATION/SHIPPING POINT: 27671 AVENUE 120, PORTERVILLE, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
RENEWAL.: 01 CONTRACT NO.: 1958
Docusign Envelope ID: 1F482392-FBBB-4B70-8E50-FC31D805ED8F

EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS

GENERAL
Summary
This section applies to asphalt contained in materials for pavement structural sections and pavement surface treatments such as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work.

The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 percent higher or lower than the price index at the time of contract.

The California Statewide Crude Oil Price Index is determined each month on or about the last business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.

If a company discontinues posting its prices for a field, Cal trans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.

For the California Statewide Crude Oil Price Index, go to:
http://www.dot.ca.gov/hq/construc/crudeoilindex/
If the adjustment is a decrease in payment, the County deducts the amount from the monthly progress payment.

ASPHALT QUANTITIES
General
Interpret the term “ton" as "tonne" for projects using metric units.

Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:

Qh = HMATT x [Xa/(100 + Xa)]
where:

Qh = quantity in tons of asphalt used in HMA or PRCM
HMATT= HMA or PRCM total tons placed
Xa= theoretical asphalt content from job mix formula expressed as percentage of the weight of dry aggregate
Docusign Envelope ID: 1F482392-FBBB-4B70-8E50-FC31D805ED8F Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:

Qrap = HMATT x [Xaa I (100 + Xaa)]
where:

Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta = total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
Asphaltic Emulsion
The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:

Qe =AETT x (Xe I 100)
where:

Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted asphaltic emulsions total tons placed
Xe = minimum percent residue specified in Section 94, "Asphaltic Emulsions." of the Standard Specifications based on the type of emulsion used Other Materials
For other materials containing asphalt not covered above, the Engineer determines the quantity of asphalt (Qo).

Docusign Envelope ID: 1F482392-FBBB-4B70-8E50-FC31D805ED8F

PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.

The Engineer calculates each payment adjustment as follows:

PA = Qt x A
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.

Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).

A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.

For US Customary projects, use:

A = [(Iu /Ib) - 1 .05] x lb x [1 + (T / 100)] for an increase in the crude oil price index exceeding 5 percent
A = [(lu /lb) - 0.95] x Ib x [1 + (T / 100)] for a decrease in the crude oil price index exceeding 5 percent
For metric projects, use:

A = 1.1023 x [(Iu /Ib)- 1.05] x lb x [1 + (T I 100)] for an increase in the crude oil price index exceeding 5 percent
A = 1.1023 x [(lu /lb)- 0.95] x lb x [1 + (T I 100)] for a decrease in the crude oil price index exceeding 5 percent
Iu = California Statewide Crude Oil Price Index for the month in which the quantity of asphalt subject to adjustment was placed in the work.

Ib = California Statewide Crude Oil Price Index for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations until the tax rate information is submitted.

Docusign Envelope ID: 1F482392-FBBB-4B70-8E50-FC31D805ED8F Staff Report
Meeting: City Council
Date: August 5, 2025
Department: Community Development
Submitted by: Mario Anaya, Community Development Director Agenda Title: Deferral of Development Impact Fees for Chipotle at Sequoia Marketplace

RECOMMENDED ACTION
Adopt a resolution approving a deferral of impact fees, pursuant to Section 8.56.080 of the Tulare Municipal Code, as requested by NFDI-1SM LLC (Property Owner) in the sum of $55,615.32, pertaining to the development of the property located at 2258 East Bardsley Avenue, Tulare CA 93274 (APN 172- 150-026).

SUMMARY
The City of Tulare through Site Plan Review No. 25-05 approved the construction of a restaurant (Chipotle), located at 2258 East Bardsley Avenue, Tulare CA 93274. On January 16, 2025, Property Owner applied for building permits accompanied by building plans to begin construction of the project.

8.56.080 Payment of fees.

(B) Fees imposed on non-residential development may be deferred by action of the City Council. The action shall consist of the adoption of a resolution consistent with the following terms and conditions:
(1) A determination is made that such action will promote and stimulate economic development within the city. The City Council shall make specific findings setting forth how the subject project accomplishes this goal;
(2) Establish a specific timetable for payment in full of the deferred fees. The City Council may also require a percentage to be paid with the issuance of a building permit. In no event shall deferral of payment in full be permitted for more than five years;
(3) Interest on the unpaid portion of deferred impact fees shall accrue at a rate equal to the Local Agency Investment Fund (LAIF) interest rate in effect at the time the resolution is adopted and shall be articulated in the resolution. Interest shall be due and payable, in full, with the final payment, although interest may be paid earlier at the election of the party developing the project; (4) A written guarantee of payment in full of the impact fees, in the form of a surety bond or some other form of surety instrument as may be acceptable to the City Engineer and the City Attorney, shall be executed and delivered to the city prior to the issuance of a building permit for the project. Interest in real property may be deemed an appropriate form of surety; and (5) A determination is made that the deferral of the fees shall not materially affect the financial ability of the city to satisfy its then current five-year capital improvement program.

Item #: 9.8
Consent
The value of this project will generate new construction sales tax. The Property Owner, when possible, will employ a local contractor who commits to using local subcontractors. Additionally, a percentage of all construction materials associated with the project will be purchased locally when possible.

Property Owner agrees to pay the remaining outstanding eighty percent (80%) balance of the total development impact fees sum of $44,492.25, in equal installments of $11,123.07, plus 4.27% interest, the rate equal to the Local Agency Investment Fund (LAIF) interest rate in effect at the time the resolution is adoption, on or before August 5th of the consecutive years 2026, 2027, 2028 and 2029.

FISCAL IMPACT & FUNDING SOURCES
The deferral of the project’s development impact fees shall not materially affect the financial ability of the city to satisfy its current five-year capital improvement program.

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 standard development impact fee deferral agreement template has been used, as reviewed, and approved as to form by the City Attorney.

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 development impact fees deferral agreement is not approved, it could delay issuance of the building permit and construction of the proposed project.

ATTACHMENTS

1. Resolution

2. Agreement for Issuance of Building Permits and Deferral of Payment of Impact Fees Reviewed/Approved:

RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
APPROVING A DEFERRAL OF IMPACT FEES PURSUANT TO SECTION 8.56.080 OF THE TULARE MUNICIPAL CODE AS REQUESTED BY NFDI-1SM LLC (PROPERTY OWNER) IN THE SUM OF $55,615.32, PERTAINING TO THE DEVELOPMENT OF THE PROPERTY LOCATED AT 2258 EAST BARDSLEY AVENUE (APN 172-150-026)
WHEREAS, Property Owner, NFDI-1SM LLC, has submitted plans and specifications and applied for associated permits for a development project (the “Project”) located at 2258 E.

Bardsley Avenue, Tulare, CA 93274 (APN 172-150-026); and WHEREAS, as a condition of receiving the required permits to commence construction on the Project, Property Owner must agree to pay the required development impact fees in the sum of $55,615.32, which includes police, fire, general government, wastewater, water, groundwater recharge, and transportation impact fees which have been set by Resolution of the City Council and in conformity with California Government Code Section 66001 et seq.; and WHEREAS, City Council has made determination that the project will promote and stimulate economic development within the city; and
WHEREAS, Property Owner has requested, and City Council approved on August 5, 2025, a four-year development impact fee deferral; and
WHEREAS, Property Owner shall pay all non-development impact fee related fees totaling $17,319.83 and development impact fees totaling $11,123.07 which represents twenty percent (20%) of the total development impact fees due and owing at the time of issuance of the building permits on the project; and
WHEREAS, Property Owner shall pay the remaining outstanding eighty percent (80%) balance of the total sum of $44,492.25 in equal installments of $11,123.07, plus 4.27% interest, the rate equal to the Local Agency Investment Fund (LAIF) interest rate in effect at the time the resolution is adopted, on or before August 5 of the consecutive years 2026, 2027, 2028, and 2029; and
WHEREAS, Property Owner shall execute an Agreement, which shall be recorded in the office of the County Recorder of Tulare County and, from the date of recordation, shall constitute a lien for the payment of the fee, which shall be enforceable against successors in interest to the Property owner or lessee at the time of issuance of the building permit; and WHEREAS, a determination is made that the deferral of the fees shall not materially affect the financial ability of the city to satisfy its then current five-year capital improvement program.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:

Section 1. The request by NFDI-1SM LLC for a deferral of project related development impact fees in the sum of $55,615.32 pursuant to section 8.56.080 of the Tulare Municipal Code is hereby approved.

Resolution 2025-XX

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 5th day of August 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
Agreement for Issuance of Building Permits & Deferral of Payment of Impact Fees NFDI-1SM, LLC 1

RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:

CITY OF TULARE

CITY CLERK
411 E. KERN AVE.

TULARE, CA 93274
No Recording Fee G.C. 6103
SPACE ABOVE THIS LINE FOR RECORDER’S USE

CITY OF TULARE

AGREEMENT FOR ISSUANCE OF BUILDING PERMITS AND

DEFERRAL OF PAYMENT OF IMPACT FEES
(Non-Residential)
This agreement is entered into this 5th day of August 2025, by and between the City of Tulare hereinafter called the “City” and NFDI-1SM LLC., hereinafter called “Property Owner”.

RECITAL
WHEREAS, Property Owner owns real property situated in the City of Tulare, County of Tulare, described in Exhibit “A” attached and incorporated by reference, which is generally located at 2258 E. Bardsley Avenue, Tulare, CA 93274 (APN 172-150-026); and WHEREAS, Property Owner intends to construct a commercial development on said property; and
WHEREAS, Property Owner has filed, and the City has approved Site Plan Review No. 25-005 for the construction of a Chipotle restaurant on said property hereinafter called the “Project”; and
WHEREAS, by virtue of City Resolution No. 08-90, adopted on October 7, 2008, Property Owner is obligated to pay Impact Fees for the Project; and WHEREAS, Property Owner has submitted building plans and has requested that the City issue building permits for construction of the Project and has requested a deferment of payment of said impact fees for a four-year time period; and
WHEREAS, on August 5, 2025, the Tulare City Council adopted Resolution 2025-____ approving a four-year development impact fee deferral in favor of Property Owner.

Agreement for Issuance of Building Permits & Deferral of Payment of Impact Fees NFDI-1SM, LLC 2
NOW, THEREFORE, in consideration of the premises, the issuance of said permits and promises and covenants herein contained, the undersigned agree as follows:

1. Deferment of payment of the impact fees shown on Exhibit “B” is hereby granted and Property Owner hereby promises to pay to the City the full amount of said fees, without reduction or offset, over a four-year time period as follows:

Payment of $11,123.07 which represents twenty percent (20%) of the total development impact fees due and owing at the time of issuance of the building permits on the project; and
Payment of the remaining outstanding eighty percent (80%) balance of $44,492.25 in equal installments of $11,123.07, plus 4.27% interest, the rate equal to the Local Agency Investment Fund (LAIF) interest rate in effect at the time the resolution is adopted, on or before August 5, 2025 of the consecutive years 2026, 2027, 2028 and 2029.

2. Should the Property Owner fail to comply with the provisions of Paragraph 1 above, the City is hereby granted a statutory lien as to the full amount of the impact fees show on Exhibit “B”, pursuant to Civil Code Sections 2884, et seq., with all the rights of a lien or therein set forth.

3. Property Owner shall indemnity, defend and hold free and harmless the City, its officers, employees and agents from any claims, lawsuits, costs, liability, damages or expenses, including costs of suit and fees and expenses for legal services, arising from or out of the construction of the Project or the issuance of building permits as requested by the Property Owner.

4. To further assure the City of Property Owner’s promises herein contained, the Property Owner agrees that this agreement may be recorded in the office of the Tulare County Recorder against the property on which the Project is to be constructed.

5. In the event legal action is undertaken by either party to enforce the terms of this agreement, or to remedy the breach thereof, the prevailing party in such action shall be entitled to an award of its attorney’s fees and costs.

6. The obligations of the Property Owner provided in this Agreement are joint and several and shall be binding upon his heirs, successors, assigns and transferees.

7. The foregoing obligations of the Property Owner shall burden the property described and constitute a covenant running with the land in favor of and for the benefit of the City of Tulare and its property, shall be enforceable thereby, and shall be binding upon the successor, assigns, transferees, and heirs of Property Owner.

SIGNATURES ON THE FOLLOWING PAGE
Agreement for Issuance of Building Permits & Deferral of Payment of Impact Fees NFDI-1SM, LLC 3

CITY OF TULARE PROPERTY OWNER
NFDI-1SM LLC.

Marc Mondell Greg Nunley
City Manager President
ATTEST:

Marc Mondell, City Clerk

By Melissa Wilcox, Chief Deputy City Clerk

Agreement for Issuance of Building Permits & Deferral of Payment of Impact Fees NFDI-1SM, LLC 4
EXHIBIT “A”
PARCEL NO. 2 OF PARCEL MAP 5422 IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 55, PAGE 30 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

Agreement for Issuance of Building Permits & Deferral of Payment of Impact Fees NFDI-1SM, LLC 5
EXHIBIT “B”

DEVELOPMENT IMPACT FEE
(COMMUNITY COMMERCIAL)

TOTAL FEES
Transportation Impact Fee $23,645.25
Groundwater Recharge Impact Fee $1,089.96
Sewer Facility Impact Fee $7,011.00
General Government Impact Fee $953.25
Water Facility Impact Fee $16,962.00
Fire Station Impact Fee $837.00
Police Facility Impact Fee $581.25
Library Facility Impact Fee N/A
Storm Drainage Impact Fee $4,535.61
Park Facility Impact Fee N/A
=$55,615.32
BLD-22-25692
7,652 SF BUILDING
Agreement for Issuance of Building Permits & Deferral of Payment of Impact Fees NFDI-1SM, LLC 6
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.

State of California )
)
County of Tulare )
On __________________ before me, ____________________________, 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 of Notary Public
Staff Report
Meeting: City Council
Date: August 5, 2025
Department: Economic Development & Redevelopment
Submitted by: Gladys Gonzalez, Senior Management Analyst Agenda Title: Correction to Resolution Declaring Surplus Property

RECOMMENDED ACTION
Adopt a resolution repealing Resolution 2024-65 due to a clerical error, which inadvertently listed the same parcel number twice, and declaring approximately five acres of City-owned property located between K Street and Highway 99 just south of Commercial Avenue (APNs 191-350-010 and 191-350- 017) as surplus property pursuant to Government Code Section 65402.

SUMMARY
The City owns two parcels of undeveloped land located between K Street and Highway 99, just south of Commercial Avenue (APNs: 191-350-010 and 191-350-017). These parcels are zoned Industrial under the City’s 2035 General Plan.

In accordance with the California Surplus Land Act (SLA), the City is required to declare the property as surplus and issue a Notice of Availability (NOA) to eligible public agencies and housing sponsors. A 60- day response period must be provided before the City may enter into negotiations for the property’s disposition.

On December 3, 2024, the City Council held a public hearing and approved Resolution 2024-65 declaring the parcels as surplus land. However, a clerical error resulted in the duplicate listing of one Assessor’s Parcel Number (APN). This error must be corrected to ensure compliance with State requirements. The NOA process has already been initiated using the corrected parcel information.

If no eligible public agency expresses interest by the end of the 60-day response period (set to close on August 10, 2025), the City may proceed with offering the properties for sale on the private market.

FISCAL IMPACT & FUNDING SOURCES
There is no immediate fiscal impact resulting from the correction of the resolution. Any future fiscal impact will depend on subsequent negotiations and potential sale of the property.

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 was reviewed and approved by legal counsel.

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
Item #: 9.9
Consent

ATTACHMENTS

1. Resolution

2. Original Resolution 2024-65
Reviewed/Approved:

RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING RESOLUTION 2024-65 DUE TO A CLERICAL ERROR, WHICH

INADVERTENTLY LISTED THE SAME PARCEL NUMBER TWICE, AND DECLARING

APPROXIMATELY FIVE ACRES OF CITY-OWNED PROPERTY LOCATED BETWEEN K STREET AND HIGHWAY 99 JUST SOUTH OF COMMERCIAL AVENUE (APNS 191-350-010 AND 191-350-017) AS SURPLUS PROPERTY PURSUANT TO GOVERNMENT CODE SECTION 65402
WHEREAS, the City of Tulare (“City”) owns two parcels of land located between K Street and Highway 99 just south of Commercial Avenue (APNs 191-350-010 and 191-350-017); and WHEREAS, said parcels are zoned Industrial in the City’s 2035 General Plan and have been and currently remain undeveloped lands; and
WHEREAS, the City has received interest from adjacent property owner, Knight Transportation, in purchasing said parcels for the purpose of future expansion of their current facility; and
WHEREAS, the City has no plans to develop or utilize said parcels; and WHEREAS, as of January 1, 2021, the California Housing and Community Development Department (“Department”) was required to begin enforcing guidelines of the California Surplus Land Act, which includes the process for declaring City-owned property as surplus, reviewing each jurisdiction’s notices of availability sent, negotiations conducted with any responding entities, and review of written findings of the local agency; and WHEREAS, the Department’s Surplus Land Act Guidelines were both updated early 2024; however, the revisions do not exempt the subject property from Surplus Land Act Guideline requirements; and
WHEREAS, pursuant to Government Code Section 54222, prior to disposing of or participating in negotiations to dispose of surplus property, the City must provide a written notice of availability to all specified agencies and entities having jurisdiction over the following:
development of low- and moderate-income housing, open space, and school facilities construction or school district open space; and
WHEREAS, on October 28, 2024, the Planning Commission determined that the sale of the surplus property is consistent with the City’s 2035 General Plan adopted October 7, 2014; and
WHEREAS, on December 3, 2024, the City Council, following a public hearing, adopted Resolution 2024-65, attached hereto and incorporated herein as reference, declaring approximately five acres of City-owned property as surplus property pursuant to Government Code Section 65402; and
WHEREAS, Resolution 2024-65 inadvertently identified APN 191-350-017 twice and failed to include APN 191-350-010; and
Resolution 2025-XX

Page 2 ends

WHEREAS, the City provided a surplus property notice for both APN 191-350-017 and APN 191-350-010, pursuant to Government Code Section 54222; and WHEREAS, the City desires to correctly identify both APN 191-350-010 and APN 191- 350-017 as surplus property.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:

Section 1. The City-owned property located between K Street and Highway 99, south of Commercial Avenue, that is approximately five acres, identified as APNs 191-350-010 and 191- 350-017, is hereby declared surplus property.

Section 2. The City Manager is hereby authorized and directed to send a written offer (“Surplus Property Notice”) to sell or lease said property to those public agencies identified in Government Code Section 54222.

Section 3. The City Manager shall, in accordance with the surplus property provisions of the Government Code, negotiate the terms of sale or lease of the property with any public agency that responds to the Surplus Property Notice and expresses an interest in said property.

Section 4. If no agency or entity that receives the Surplus Property Notice desires to purchase the property or if the City is unable to successfully negotiate a sale with an interested agency or entity, the City Manager is hereby authorized and directed to negotiate the sale of the property to a private party.

Section 5. The City Manager is directed to provide the City Council, for its review and approval, those terms that the City Manager negotiates in accordance with this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 5th day of August 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
RESOLUTION 2024- 65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE

DECLARING APPROXIMATELY FIVE ACRES OF CITY-OWNED PROPERTY LOCATED BETWEEN K STREET AND HIGHWAY 99 JUST SOUTH OF COMMERCIAL AVENUE,

TULARE, CA AS SURPLUS PROPERTY PURSUANT TO GOVERNMENT CODE SECTION 65402
WHEREAS, the City of Tulare owns two parcels of land located between K Street and Highway 99 just south of Commercial Avenue. ( APN 191-350-017; 191-350-017); and WHEREAS, the parcels are zoned Industrial in the City’s 2035 General Plan and have been and currently remain undeveloped lands; and
WHEREAS, the City of Tulare has received interest from adjacent property owner, Knight Transportation, to purchase the vacant parcels for the purpose of future expansion of their current facility; and
WHEREAS, the City of Tulare has no other plans to develop or utilize the property; and WHEREAS, as of January 1, 2021, the California Housing and Community Development Department was required to begin enforcing guidelines of the California Surplus Land Act, which includes the process for declaring City owned property as surplus, reviewing each jurisdiction’ s notices of availability sent, negotiations conducted with any responding entities and review of written findings of the local agency; and
WHEREAS, the California Housing and Community Development Department’ s Surplus Land Act Guidelines were both updated early 2024. However, the revisions do not exempt the subject property from Surplus Land Act Guideline requirements; and WHEREAS, pursuant to Government Code section 54222, prior to disposing of or participating in negotiations to dispose of surplus property, the City must provide a written notice of availability to all specified agencies and entities having jurisdiction over the following: development of low- and moderate- income housing, open space, and school facilities construction or school district open space; and
WHEREAS, on October 28, 2024, the Planning Commission determined that the sale of the surplus property is consistent with the City’s 2035 General Plan adopted October 7, 2014.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:

Section 1. The City-owned property located between K Street and Highway 99, south of Commercial Avenue, that is approximately five acres, is hereby declared surplus.

Section 2. The City Manager is hereby authorized and directed to send a written offer Surplus Property Notice”) to sell or lease the property to those public agencies identified in Government Code Section 54222.

Resolution 2024-65

Page 2 ends

Section 3. The City Manager shall, in accordance with surplus property provisions of the Government Code, negotiate the terms of sale or lease of the property with any public agency that responds to the Surplus Property Notice and expresses an interest in the property.

Section 5. The City Manager is directed to provide the City Council, for its review and approval, those terms that the City Manager negotiates in accordance with this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 3rd day of December 2024, by the following vote:

Ayes: Sayre, Harrell, Sigala, Isherwood
Noes: None

Absent: Mederos
Abstain: None
Terry A. Sayre, President of the Council and
Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
Terry A. Sayre (Dec 8, 2024 05:46 PST)
Melissa Hermann ( Dec 9, 2024 08:53 PST)
Melissa Hermann
Staff Report
Meeting: City Council
Date: August 5, 2025
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: Equipment Agreement with Setton Farms, Inc.

RECOMMENDED ACTION
Approve and authorize the City Manager or designee to sign a ten-year agreement with Setton Farms, Inc. for refilling of Self-Contained Breathing Apparatuses owned by Setton Farms, Inc.

SUMMARY
The Tulare Fire Department has partnered with Setton Farms, Inc. for over a decade in refilling Setton Farms, Inc.’s Self-Contained Breathing Apparatuses. The Tulare Fire Department desires to continue its relationship with Setton Farms, Inc. through a formal written agreement. The Tulare Fire Department and Setton Farms, Inc. have engaged in negotiations and reached an agreement in which Setton Farms, Inc. will pay Thirty-Five Thousand Dollars ($35,000.00) to the Tulare Fire Department in exchange for the Tulare Fire Department continuing to refill a limited number of Setton Farms, Inc.’s Self-Contained Breathing Apparatuses per year for a ten-year period. The Tulare Fire Department is to purchase a new air compressor capable of filling Self-Contained Breathing Apparatuses with the Thirty-Five Thousand Dollars ($35,000.00).

FISCAL IMPACT & FUNDING SOURCES
Under this agreement, Setton Farms, Inc. will pay Thirty-Five Thousand Dollars ($35,000.00) to the Tulare Fire Department.

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. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Proposed Equipment Agreement
Reviewed/Approved:

Item #: 9.10
Consent

Staff Report
Meeting: City Council
Date: August 5, 2025
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manuel Correa, General Services Director
Agenda Title: City of Tulare Aircraft Fuel Concessionaire Agreement

RECOMMENDED ACTION
Approve and authorize the City Manager or designee to sign a five-year agreement with Valley Air Crafts for operation of City of Tulare Fuel Dispensing Equipment and Facilities and Sale of Aviation Fuels at the Mefford Field Airport.

SUMMARY
Valley Air Crafts operates an aircraft maintenance, sales, and services business and has operated the City of Tulare’s Fuel Dispensing Equipment and Facilities at the Mefford Field Airport in agreement with the City for over two decades. On December 1, 2018, the City of Tulare and Valley Air Crafts entered into a previous Concessionaire Agreement for a term of five years.

FISCAL IMPACT & FUNDING SOURCES
If approved as presented, the City will receive base rent in the sum of $170.50 per month, with base rent adjustments made in the amount of three percent annually, commencing on May 1, 2026 and on May 1 annually thereafter. The City is also to receive a flowage fee of $0.12 per gallon for all aviation fuel sold to third parties by Valley Air Crafts, whether by self-service or otherwise.

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. Approve with changes

2. Deny

3. Table
Item #: 9.11
Consent

ATTACHMENTS

1. Proposed City of Tulare Aircraft Fuel Concessionaire Agreement Reviewed/Approved:

CITY OF TULARE AIRCRAFT FUEL CONCESSIONAIRE AGREEMENT
This AIRCRAFT FUEL CONCESSIONAIRE AGREEMENT (hereinafter as the "Agreement) is made and entered into this 01 day of May 2025. ("Effective Date") by and between the City of Tulare hereinafter referred to as "CITY" and Valley Air Crafts, hereinafter referred to as "CONCESSIONAIRE".

WHEREAS, CITY owns and operates the Tulare Municipal Airport (the "Airport"); and WHEREAS, CITY owns certain facilities appurtenant to the Airport including CITY'S "Fuel Dispensing Equipment" and "Facilities" as generally described at Exhibit Aand as those terms are more particularly defined hereinafter; and WHEREAS, CONCESSIONAIRE operates an aircraft maintenance, sales, and service business at the Airport; is the sole shareholder of Johnston Aircraft Service which is headquartered at the Airport; has operated CITY'S Fuel Dispensing Equipment and Facilities at the Airport under license from CITY, attached as Exhibit B, for over twenty-seven (27) years in aresponsible manner that has benefitted CITY, CITY'S airport-based tenants, and the public interest; and WHEREAS, CONCESSIONAIRE has installed, at CONCESSIONAIRE'S sole cost, its own specialty self-service fuel dispensing equipment and software that is subject to removal by CONCESSIONAIRE upon termination of its license and has purchased and maintains in CITY'S tanks an adequate inventory of aircraft fuels to service the needs of resident and transient aircraft; and
WHEREAS, CITY desires to enter into anew license agreement with CONCESSIONAIRE, as an independent contractor, for the purposes of (1) continuing to offer aviation fuels for public sale using CITY'S Fuel Dispensing Equipment and Facilities; (2) continuing to maintain CITY'S Fuel Dispensing Equipment, fuel island lighting, and fuel island approaches; and (3) adjoining to maintain CITY's airport restroom (the "Purposes"); and WHEREAS, CONCESSIONAIRE Is ready, willing, and able to enter into acontract for the Purposes; and WHEREAS, CITY has determined that it is in the public interest and benefit to contract with CONCESSIONAIRE for the Purposes.

NOW, THEREFORE, in consideration of mutual agreements hereto, as hereinafter set forth, it is agreed as follows:

1. LICENSE
A. CITY hereby licenses CONCESSIONAIRE, and CONCESSIONAIRE hereby accepts, the privilege and right to offer, and shall provide, at its sole cost and expense, all necessary personnel and equipment except as otherwise provided herein, the following:

Purchase, store in CITY's tanks, and offer for sale, safe, clean aircraft-grade gasoline(s) and kerosene-based jet fuel(s) using CITY's existing Fuel Dispensing Equipment.

Maintain CITY's Fuel Dispensing Equipment and Facilities in substantially the same condition each was in as of the Effective Date throughout the term of this Agreement, and deliver the same to CITY upon conclusion of this Agreement in freshly painted, "ready to use" condition, reasonable wear not excepted.

Stock with adequate and normally consumed supplies and provide weekly janitorial services as shall be required to maintain CITY's existing airport restroom (as acomponent of the Facilities) in clean, sanitary, and well-stocked condition.
1)
2)
3)
Perform necessary "Minor Repairs" to CITY's Fuel Dispensing Equipment and Facilities; provided, however, that necessary repairs to the same "Minor Repairs" (as defined hereinafter) shall be submitted by CONCESSIONAIRE via the Maintenance Care App for repair or replacement at CITY's sole cost; and CITY and CONCESSIONAIRE shall cooperate to 4)
1 Staff Report
Meeting: City Council
Date: August 5, 2025
Department: City Attorney
Submitted by: Mario U. Zamora, City Attorney
Agenda Title: Settlement and Release Agreement Associated with Bardsley Sidewalk Project

RECOMMENDED ACTION
Approve the Settlement and Release Agreement in the matter of City of Tulare v. Guillermo Contreras Rios and Lorena Amezcua Castillo, Trustees of the Guillermo Contreras Rios and Lorena Amezcua Castillo Living Will and Trust dated October 11, 2024, Tulare County Superior Court Case No.

VCU321920.

SUMMARY
Staff previously engaged in communications with the owners of the subject property, APN 172-040-031, commonly known as 3158 East Bardsley Avenue, in the City of Tulare, County of Tulare, State of California, to acquire 1,821 square feet of the above-referenced property in connection with CIP Project EN0078 – Bardsley/Morrison Sidewalk Improvements at MOHS. On February 21, 2025, staff sent the property owners an offer in the sum of $25,900.00. Subsequently, the City’s consultant, Paragon Partners, engaged in communications with the owners of the subject property and agreed to a monetary offer of $38,000.00 for a partial property fee acquisition in fee simple with additional non-monetary terms.

On May 6, 2025, the City Council adopted a Resolution of Necessity, finding that the public interest and necessity require the Bardsley Avenue Sidewalk Improvement Project, that the same is planned or located in the manner that is most compatible with the greatest public good and least private injury, and that the property sought to be acquired is necessary for the project. On May 29, 2025, the City Attorney’s Office filed a complaint in eminent domain, Tulare County Superior Court Case No. VCU321920, seeking to acquire by eminent domain 1,821 square feet of APN 172-040-031.

FISCAL IMPACT & FUNDING SOURCES
The following funding sources were identified in the 2025-2030 Capital Improvement Program for Project EN0078:

Fund 022 – Gas Tax (HUTA)
Fund 601 – Other General Fund CIP

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. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Settlement and Release Agreement
Reviewed/Approved:

Staff Report
Meeting: City Council
Date: August 5, 2025
Department: Finance
Submitted by: Mark Roberts, Chief Financial Officer
Agenda Title: Placing Public Improvement Loans on Tax Roll

RECOMMENDED ACTION
Adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks, gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments.

SUMMARY
In 1997, the Board of Public Utilities Commissioners and the City Council approved resolutions authorizing the adoption of the provisions of Streets and Highways Code Section 5870 et. Seq., under the 1911 Act. These provisions provide for the financing of certain public works related costs and declaring the repayment of the same to be assessed against property owners and placed on the property tax rolls.

Prior to sending the assessments to the County of Tulare, a public hearing is required to allow anyone objecting and wanting to address the City Council.

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
A notice of public hearing was published in The Visalia Times Delta on July 25, 2025, which is at least 10 days prior to the public hearing.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution

2. Exhibit A – Public Works Improvement Loan Repayments Reviewed/Approved:

Item #: 10.1
Public Hearing
RESOLUTION 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
CONFIRMING THE REPORT AND ASSESSMENT LIST FOR 1911 ACT COSTS OF UTILITY

CONNECTIONS AND/OR CURB, GUTTER, PAVEMENT, SIDEWALK, AND DRIVEWAY

CONSTRUCTION
WHEREAS, Resolution 97-4314, dated May 6, 1997, of the City Council of the City of Tulare, authorized the adoption of the provisions of Streets & Highways Code Sections 5870 et seq., under the 1911 Act, for the purpose of financing certain costs and declaring the repayment of same to be assessed against property owners and placed on the property tax rolls; and WHEREAS, after public hearings, the Council did approve said work and order the costs be assessed and collected on the property tax rolls; and WHEREAS, a public hearing was held before the City Council of the City of Tulare on August 6th, 2024, pertaining to the report and assessment list for these costs; and WHEREAS, said assessment list has been reviewed by the City Council and public comment considered.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:

Section 1. That the report and assessment list for recovering costs of improvements and/or utility connections, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby confirmed, and City staff is directed to place same on the Tulare County tax assessment rolls.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 5th day of August 2025, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
EXHIBIT "A"
Public Works Improvement
APN NAME Loan Repayments
164-072-015 Ranglel & Misti Mata 464.28
168-044-016 Robert & Lillian Aguilar 563.40
177-210-019 Roario Isais 797.58
182-030-014 Isidro & Elvia Parra 404.86
182-100-014 Richard Burch 859.64
182-100-020 Ramon & Anastacia Sanchez 509.12
182-100-034 Gilbert Alvarez Solis 1,516.72
182-350-005 Rumaldo Saenz 442.10
182-350-009 Luis Perez 1,020.12
6,577.82
Staff Report
Meeting: City Council
Date: August 5, 2025
Department: Community Development - Planning
Submitted by: Mario Anaya, Community Development Director Agenda Title: Zone Amendment 762: TMC 10.38 Historic Cultural Landmarks Ordinance

RECOMMENDED ACTION
Pass-to-print an ordinance approving Zone Amendment 762, repealing and reenacting Chapter 10.38 (Historic Cultural Landmark and Historic Neighborhood Overlay Zone) of the Tulare Municipal Code.

SUMMARY
On October 1, 2024, the City Council adopted Resolution 2024-55, implementing a historic preservation planning program, including several items for staff implementation. One of these items directed staff to review the existing historic preservation ordinance for any recommended revisions needed as part of program implementation. After review by staff and the Historic Cultural Landmarks Ad-Hoc Committee, it has been determined that the current ordinance is well written and provides sufficient detail to address various scenarios that typically arise in a city’s historic preservation planning program. The purpose of the ordinance is to provide direction, guidance, and a clear process with sufficient detail to aid in the management of the historic preservation program.

The ordinance strikes the right balance between providing the tools and regulatory standards for historic preservation, while also allowing flexibility and a process for instances when a designated historic cultural landmark requires substantial alternation or demolition. As such, only minor revisions were deemed necessary at this time. The revisions that are proposed simply provide further clarity and consistent terminology to facilitate continued implementation of the city’s historic cultural landmarks program. On June 9, 2025, the Planning Commission voted 5-0 to recommend that the City Council adopt Zone Amendment No. 762 approving the proposed revisions to Chapter 10.38 of the City of Tulare Municipal Code.

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
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. Approve with changes

2. Deny

3. Table
Item #: 10.2
Public Hearing
If Zone Amendment 762 is not approved, it would delay providing clarifying text revisions to Chapter

10.38 of the City of Tulare Municipal Code to assist in continued implementation of the City’s historic preservation planning program.

ATTACHMENTS

1. Proposed amendments to Chapter 10.38 of Tulare Municipal Code

2. Ordinance
Reviewed/Approved:

Chapter 10.38

HISTORIC SITE CULTURAL LANDMARK AND HISTORIC

NEIGHBORHOOD OVERLAY ZONE
Sections:

10.38.010 Purpose.

10.38.020 Definitions.

10.38.030 Duties and powers of the Planning Commission.

10.38.040 Designation criteria.

10.38.050 Designation process.

10.38.060 Historic resourcescultural landmarks.

10.38.070 Local historic districts.

10.38.080 National Register historic districts or structures.

10.38.090 Adoption by Council.

10.38.100 Amendment or rescission of designation.

10.38.110 Local Register of Historic ResourcesCultural Landmarks.

10.38.120 Deletion of demolished, relocated, or rescinded designated historic resourcescultural landmarks.

10.38.130 Historic resource cultural landmark permit review process.

10.38.140 Historic district permit review process.

10.38.150 Conditional uses.

10.38.160150 Appeal procedure.

10.38.170160 Finality of decision.

10.38.180170 Substandard buildings.

10.38.190180 Advice and guidance to property owners.

10.38.200190 Property owned by public agencies.

10.38.210200 Fire and building codes.

10.38.220210 Minimum maintenance.

10.38.230220 Status of properties previously designated.

10.38.240230 Civil and criminal penalties.

10.38.250240 Severability.

10.38.010 Purpose.

The purpose of this chapter is to continue to preserve, promote, and enhance the historic resources cultural landmarks and designated historic districts of the City for the educational, cultural, economic, and general welfare of the public; to continue to protect and review changes to these resources landmarks and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this City, State, and nation; 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.

The Council finds that the City has played an important role in the development of the San Joaquin Valley of California and that this history is evidenced today through its historic buildings, structures, objects, and districts representing the commercial, industrial, social, economic, political and architectural development of the City. The Council finds that the distinctive and significant character of the City can best be maintained by protecting and enhancing its historic, architectural, aesthetic, and cultural heritage and by preventing unnecessary injury or destruction of its historic resources cultural landmarks and districts which are important community assets.

The Council declares as a matter of public policy that this chapter is required in the interest of the health, prosperity, safety, welfare, and economic well-being of the people. The designation and preservation of historic resources cultural landmarks and districts and the regulation of alterations, additions, repairs, signs, removal, demolition, or new construction to ensure the perpetuation of their historic character is hereby designated to be a public purpose.

10.38.020 Definitions.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions, and provisions contained in Section 10.98 shall also govern the construction, meaning, and application of words and phrases used in this chapter.

The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
“Alteration” means any change or modification requiring a City permit, through public or private action, of any designated historic resource cultural landmark or any property located within a designated historic district, including, but not limited to, exterior changes to or modification of structural details, architectural details or visual characteristics such as doors, windows, surface materials and texture, grading or surface paving; addition of new structures; cutting or removal of important landscape features such as mature trees or other natural features; and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories compromising the exterior visual qualities of the resource landmark or property.
“Architectural design review committee” means the entity created to make recommendations to the Planning Commission regarding new development, modifications, or alterations to resources landmarks within the district.
“Building” means any construction created primarily to shelter any form of human activity, including accessory structures and garages.
“California Register of Historical Resources” means the authoritative guide in California to be used by State and local agencies, private groups, and citizens to identify the State’s historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial change.
“Commission” means the City of Tulare Planning Commission. “Contributor to a local historic district” means an individual historic resource cultural landmark that contributes to the significance of a Locally Designated Historic District (LHD) under the criteria set forth in this chapter.
“Contributor to a National Register Historic District” means an individual historic resource cultural landmark that contributes to the significance of a National Register Historic District (NRD) under the criteria set forth in this chapter.
“Cultural” means, as used in this chapter, shall include traditional cultures, including, but not limited to, Native American or other identifiable ethnic groups. “Demolition” means the act that destroys in whole or in part a designated historic resourcecultural landmark.
“Exterior architectural feature” means the architectural elements embodying style, design, general arrangement, and components of all of the outside surfaces of a building, structure, or object, including, but not limited to, the type of building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such building, structure or object. “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. “Historic resourceCultural Landmark” means any building, structure, object, or site that has been in existence for more than 45 50 years and possesses integrity of location, design, setting, materials, workmanship, feeling, and association, and is associated with events that have made a significant contribution to the broad patterns of our history, or is associated with the lives of persons significant in our past, or embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master or possesses high artistic values; or has yielded, or may be likely to yield, important information in prehistory or history; and has been designated as such by the Council pursuant to the provisions of this chapter. “Landscaping” means designed and non-designed landscapes, including vegetation, natural features, structures, objects, roads, or waterways, designed, shaped, or modified by human activity.

Such landscaping is recognized as significant or identified within a nomination as significant in reference to the primary resourcehistoric cultural landmark; and has been designated as such by the Council pursuant to the provisions of this chapter. “Local register of historic resourcescultural landmarks” means the inventory of buildings, structures, objects, sites, and districts designated by the Council as historic resources cultural landmarks or historic districts pursuant to the provisions of this chapter. “Local Historic District (LHD)” means any finite group of resources historic cultural landmarks related to one another in a clearly distinguishable way or any geographically definable area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. The Local Historic District must be significant as well as identifiable and it must meet the criteria of the California Register of Historic Resources.
“National Register of Historic Places” means the official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, engineering, and culture as authorized by the National Historic Preservation Act of 1966. “National Register Historic District (NRD)” means any finite group of resources historic cultural landmarks related to one another in a clearly distinguishable way or any geographically definable area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. The National Register Historic District must be significant as well as identifiable and it must meet National Register criteria for listing on that Register.
“Non-contributor” means any building, structure, object, or site that does not contribute to the significance of the historic district in which it is located. “Object” means any construction that is primarily artistic in nature or is relatively small in scale and simply constructed. Although an object may be, by nature or design, movable, it is associated with a specific site or environment, such as a fountain or sign. “Preservation” means the act or process of applying measures to sustain the existing form, integrity, and material of a historic property. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials. “Preservation/District Plan” means the plan adopted after the formation of a historic district, which shall govern the manner in which the preservation objectives of the district will be attained. “Reconstruction” means the act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specified period of time.
“Regulated permits” means any permit issued for any work on a historic resource cultural landmark or within any historic district.
“Rehabilitation” means the act or process of making a compatible use of a property through repair, alterations, and additions while preserving those portions or features that convey its historical, cultural, or architectural values.
“Restoration” means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
“Secretary” means the Director or his or her designee.
“Secretary of the Interior’s Standards” means The Secretary of the Interior’s Standards for the Treatment of Historic Properties published by the U.S. Department of the Interior. “Site” means the location of a significant event, a prehistoric or historic occupation, or an activity where the location itself possesses historical, cultural, or archaeological value regardless of the value of any existing structure, including, but not limited to, a designed landscape or the ruins of a building or structure.
“Specialist” means a person or person designated by the Director to serve as a preservation specialist to assist the City.
“Stabilization” means the act or process of applying measures designed to reestablish a weatherresistant enclosure or the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present. “State Historic Building Code” means Title 24, Building Standards, Part 8, California Code of Regulations.
“Structure” means Any construction created for purposes other than creating human shelter, including, but not limited to, a bridge or water tower. “Survey” means historic resource cultural landmark surveys conducted under the auspices of the City.
“Unreasonable economic hardship” means facts and circumstances that establish that there are no feasible measures that can be taken that will enable the property owner to make reasonable beneficial use of the property or derive a reasonable economic return from the property in its current form.

10.38.030 Duties and powers of the Planning Commission.

In regard to this chapter, the primary duties of the Planning Commission shall be:

1. The identification, designation, and preservation of historic resources cultural landmarks and historic districts owned by the City or located within the city limits.

2. The regulation of exterior alterations visible from a public right-of-way, including demolition, relocation, new construction, and interior alterations, which would affect the significance of historic resources cultural landmarks or historic districts.

The Commission shall have the following additional duties and powers:

1. Conduct studies and evaluations of applications requesting the designation of historic districts and make determinations and recommendations as appropriate for consideration of such applications in order to effectuate the purposes of this chapter.

2. Adopt specific guidelines for the designation of historic resourcescultural landmarks, historic districts, and heritage properties as it deems necessary to effectuate the purposes of this chapter.

3. Maintain a current listing and description of designated historic resources cultural landmarks and historic districts and transmit copies and updates of such listings to all appropriate City agencies and departments as determined by the Secretary to the Commission.

4. Develop and recommend the adoption of a Historic Preservation Element for the General Plan of the City.

5. Participate in environmental review procedures called for under this chapter or under the California Environmental Quality Act (CEQA) or under the National Environmental Protection Act (NEPA) by providing review and comments on permit actions affecting designated historic resources cultural landmarks and historic districts as the Commission deems appropriate.

6. Review and comment upon the conduct of land use, housing, redevelopment, municipal improvement, and other types of planning and programs undertaken by any agency or department of the City, County, or State as they relate to designated historic resources cultural landmarks and historic districts as the Commission deems appropriate.

7. Establish criteria and conduct or cause to be conducted historical resource cultural landmark surveys of properties within the city limits in accordance with State survey standards and procedures; submit completed surveys to the Council for official adoption; and submit adopted surveys to the Office of Historic Preservation for integration into the Historic Property Data File for Tulare County maintained by that office.

8. Recommend internal procedures to facilitate the use of such adopted historical resource cultural landmark surveys in planning and development processes by all relevant City agencies and departments.

9. Publicize, maintain, and periodically update such historical resource cultural landmark surveys in accordance with State survey standards and procedures.

10. Adopt procedural rules for the systematic review of such historical resource cultural landmark surveys to determine if designation proceedings should be initiated on appropriate sites. Provide for the removal of sites not found qualified for designation from the survey and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation if included therein.

11. Review and make recommendations on nominations for inclusion in the California Register of Historical Resources.

12. Review and make recommendations on any applications to participate in local historic preservation incentive programs established in order to effectuate the purposes of this chapter.

13. Adopt, promulgate, amend, and rescind, from time to time, such rules, guidelines, and regulations as the Commission may deem necessary to effectuate the purposes of this chapter.

14. Provide a suitable sign, plaque, or other marker at public or private expense on or near the historic resource cultural landmark or district (LHD or NRD), indicating that the resource landmark or district (LHD or NRD) has been so designated. The sign, plaque, or other marker shall contain information and data deemed appropriate by the Commission, and its placement shall be at the discretion of the owner.

15. Keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, and decisions as a matter of public record.

16. Render advice and guidance, upon the request of a property owner or tenant, on the financial and physical aspects of the restoration, alteration, rehabilitation, landscaping, or maintenance of any historic resource cultural landmark or any contributor to any historic district (LHD or NRD).

17. Investigate and report to the Council on the use of various federal, State, local, or private funding sources and mechanisms available to promote historic resource cultural landmark preservation in the City.

18. Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to historic resources cultural landmarks and provide for public participation in all aspects of the City’s historic preservation programs.

10.38.040 Designation criteria.

Historic resourcescultural landmarks. Any building, structure, object, or site may be designated as a historic resource cultural landmark if it is found by the Commission and Council to meet the following criteria:

1. It has been in existence for more than 50 years, and it possesses integrity of location, design, setting, materials, workmanship, feeling, and association, and:
a. It is associated with events that have made a significant contribution to the broad patterns of our history.
b. It is associated with the lives of persons significant in our past. c. It embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values. d. It has yielded or may be likely to yield, information important in prehistory or history.

2. It has been in existence less than 50 years; it meets the criteria of division (A)(1) above and is of exceptional importance within the appropriate historical context, local, State, or national.

Local historic districts. Any finite group of resources historic cultural landmarks (buildings, structures, objects, or sites) may be designated as a local historic district if it meets the definition set forth in Section 10.38.020, its designation is consented to by the majority of the property owners within the local historic district, at least 50 percent of the resources historic cultural landmarks within the proposed local historic district are 50 years of age or older, and it is found by the Commission and Council to meet one or more of the following criteria:

1. It exemplifies or reflects special elements of the City’s cultural, social, economic, political, aesthetic, engineering, or architectural heritage.

2. It is identified with a person or group that contributed significantly to the culture and development of the City.

3. It embodies distinctive characteristics of a style, type, period, or method of construction or is a valuable example of the use of indigenous materials or craftsmanship.

4. Structures within the area exemplify a particular architectural style or way of life important to the City.

5. The area is related to a designated historic resource cultural landmark or district in such a way that its preservation is essential to the integrity of the designated resource landmark or local historic district.

6. The area has the potential to yield information of archaeological interest.

National Register historic districts. The nomination of any finite group of resources historic cultural landmarks (buildings, structures, objects, or sites), including any local historic district, to the National Register of Historic Places as a National Register historic district may be recommended under this chapter if the nomination is supported by more than 50 percent of the property owners within the proposed National Register historic district.

Contributors to historic districts. Any building, structure, object, or site may be designated as a contributor to a local historic district or a proposed National Register historic district if it contributes to the significance of the specific historic district under the criteria set forth above in this section.

10.38.050 Designation process.

Buildings, structures, objects, sites, and districts may be considered for designation as historic resourcescultural landmarks, local historic districts, or National Register historic district under this chapter as set forth in Sections 10.38.060, 10.3638.070, and 10.38.080.

Historic resources cultural landmarks and districts shall be adopted by ordinance pursuant to Chapter 10.86, Zoning Ordinance Amendments. In the case of historic resourcescultural landmarks, the resource landmark shall be designated on the Official Zoning Map with the base zone district followed by the Historic Site And Historic Neighborhood Overlay zone notation (H). For example, a single-family property that is designated a historic resource cultural landmark shall have the notation R-1-6(H).

In the case of the historic districts, the boundaries of the district will be adopted by ordinance but will not be designated with the H overlay. In the historic district, all historic resourcescultural landmarks, and contributing resources landmarks shall be subject to the historic district permit review process.

10.38.060 Historic resourcescultural landmarks.

Requests for designation. Designation of a historic resource cultural landmark may be initiated by the Council, the Commission, the Secretary, the property owner, or an authorized representative of the owner. The application for designation consideration shall be filed with the City, using a form approved by the Secretary and shall include the following information:

1. The Assessor’s parcel number for the property containing the building, structure, object, or site proposed for designation, along with the name and address of the current owner(s) of record and a copy of the deed granting title to the owner(s).

2. Whether the proposed historic resource cultural landmark takes the form of a building, structure, object, or site, as defined in this chapter.

3. A description of the specific building, structure, object, or site proposed for designation, including, but not limited to, its dates of construction, significant alterations, and architectural style.

4. The manner in which the proposed building, structure, object, or site meets the criteria for designation contained in Section 10.38.040.

5. Current photographs of all aspects of the proposed historic resourcecultural landmark, supplemented by sketches, drawings, or other descriptive materials.

6. A description of the physical condition and appearance of the proposed historic resourcecultural landmark.

7. If the designation proposal is not being submitted by the owner, a statement acknowledging whether the owner has consented to submission of the proposal is in opposition to the submission or has declined to state a position on the issue; however, this language shall not be interpreted as requiring owner consent to the designation of an individual resource historic cultural landmark under this section.

8. Completed California Department of Parks and Recreation Primary Record and Building, Structure, and Object #523 forms, or a similar form providing the same information, for the proposed historic resourcecultural landmark.

Procedural requirements in advance of the hearing.

1. The application and supporting information shall be reviewed by the Department for adequacy and completeness under the requirements of this section. A hearing on the application will be scheduled when the Department determines that the application is complete.

2. Notice of the time, place, and purpose of such hearing will be mailed to the owner of the property proposed for designation at the address shown on the latest assessment roll and published once in a local newspaper of general circulation not less than 10 days prior to the date of the hearing. The Secretary may also give such additional notices as he or she deems desirable and practicable.

3. The property owner and/or any authorized representative shall be prohibited from undertaking any alteration, construction, grading, demolition, or removal of such property, and no permit to undertake such work shall be issued by the City for 90 days from the date the Department mails the notice of hearing to determine historic resource cultural landmark designation to the property owner and/or any authorized representative. If no final action has been taken as to the historic resource cultural landmark designation within the 90-day period, said restrictions shall be removed unless the Commission, with the consent of the property owner and/or any authorized representative, elects to continue its consideration of the property for historic resource cultural landmark designation. If the Commission, with the consent of the owner and/or any authorized representative, makes such an election, said restrictions shall remain against the property until final action and the Department shall notify the appropriate City officials of said restrictions. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of a property pending consideration by the Commission.

4. The provisions of this section shall not apply to the construction, grading, alteration, demolition, or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the historic resourcecultural landmark, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the building code.

5. Prior to the Commission’s hearing on the designation of the property, upon application by the property owner and/or any authorized representative, the Secretary may approve a permit for alterations, construction, or reconstruction consistent with the ordinary maintenance and repair of the property, to the extent that such work does not adversely affect the exterior architectural features of the property.

Commission hearing.

1. The Commission shall review all materials prepared and submitted and vote on the designation recommendation.

2. At the conclusion of the hearing, the Commission shall make a recommendation to the City Council for approval, disapproval, or modification of the historic designation and make findings in support of that recommendation; or the Commission may continue the hearing.

3. An affirmative roll call vote of a majority of the Commission is required for a recommendation to the City Council.

4. Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings, and all submitted materials to the City Clerk. The City Clerk shall place the Commission’s recommendation for Council consideration on the agenda of the Council. The owner of the property shall thereafter be given notice of the time and place of the Council hearing at least 10 days prior to the hearing date.

10.38.070 Local historic districts.

Requests for designation. Designation of a local historic district may be initiated by the Council, the Commission, or property owners within the proposed district and shall consist of an initial, preliminary submission and if recommended by the Commission, a subsequent, formal submission.

Initial application.

1. The initial application shall be filed with the Secretary using the form(s) approved by the Secretary and shall include the following information:
a. Proposed district boundaries.
b. A statement of how the proposed local historic district meets the designation criteria of Section 10.3638.040.

2. The initial application shall be the subject of a staff report and will be scheduled for a determination by the Commission as to whether the initial application should proceed to a formal application. If the Commission so recommends, a formal application shall be developed and submitted for Commission consideration at a future meeting. If the Commission does not so recommend, no further action shall be taken with respect to the proposed local historic district.

Formal application. The formal application for local historic district designation consideration must have written consent from a majority of the property owners within the proposed district for the application to be considered complete. For purposes of determining whether a majority of property owners have consented, each property owner is entitled to one vote. Owners of more than one property within the proposed district are entitled to one vote per property, and multiple owners of a single property are collectively entitled to one vote. A formal application shall be filed by the applicant with form(s) approved by the Secretary, which shall include the following information:

1. A clearly defined and explained boundary for the proposed district is shown on an assessor’s map or maps.

2. A concise description of the general physical or historical elements (buildings, structures, objects, and sites) and qualities that make this area a local historic district with a description of building types, architectural styles, and periods represented in the proposed district.

3. A concise statement that clearly documents why the proposed district has significance (areas of significance that reflect the proposed district’s historic importance), the period of time for which it is significant, why it substantially meets local historic district criteria for listing as set forth in Section 10.38.040(B) and, if applicable, why it substantially meets National Register historic district criteria for listing as set forth in Section 10.38.040(C).

4. A definition of what types of buildings contribute and do not contribute to the significance of the proposed local historic district as well as an estimate of the percentage of buildings within the proposed district that do not contribute to its significance.

5. A map illustrating all buildings in the proposed district with an identification of contributing and non-contributing resourceshistoric cultural landmarks.

6. Photographs of streetscapes in the proposed district and the contributing and noncontributing resourceshistoric cultural landmarks.

7. Completed Department of Parks and Recreation #523 forms for each building, structure, object, or site within the proposed local historic district, which also identify the potential contributors and non-contributors to the district.

8. Whether the application is seeking the designation of a National Register historic district or only the designation of a local historic district.

9. The signed property owners’ consent form, which shall clearly indicate the name, district property address, district property parcel number, and mailing address of each consenting property owner.

Procedural requirements in advance of the hearing.

1. The formal application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this section. The Commission shall be responsible for determining whether the formal application has been consented to by a majority of the property owners within the proposed district as required by this chapter.

A hearing on the application will be scheduled by the Secretary after it has been determined that the application is adequate and complete.

2. A hearing notice shall be mailed to the owners of all properties within the proposal district at the addresses shown on the latest assessment roll and published once in a local newspaper of general circulation not less than 10 days prior to the date of the hearing. The Secretary may also give such additional notices as he or she deems desirable and practicable.

3. No permit shall be issued by the City for the undertaking of any alteration, construction, grading, demolition, or removal of any property within a proposed historic district, and all property owners and/or their representatives shall be prohibited from undertaking any such work for 90 days from the date the Commission Secretary mails the initial notice of hearing to determine local historic district designation to the property owners and/or their authorized representatives. If no final action has been taken as to the proposed local historic district designation within the 90-day period, said restrictions shall be removed, unless the Commission, with the consent of the property owners and/or their authorized representatives, elects to continue its consideration of the local historic district designation.

If the Commission, with the consent of the property owners and/or their authorized representatives, makes such an election, said restrictions shall remain against the properties in the proposed local historic district until final action. Nothing in this provision shall be construed as a prohibition or infringement on the legal use of properties within the proposed historic district pending consideration by the Commission.

The provisions of this section shall not apply to the construction, grading, alteration, demolition, or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the local historic district, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the building code.

Commission hearing.

1. The Commission shall review all materials prepared and submitted and may vote on the designation recommendation.

2. Any property owner or his or her representative may make a presentation to the Commission on the issue of whether his or her property should be considered as a contributor or non-contributor to the proposed district and on the issue of whether or not the district should be formed.

3. At the conclusion of the hearing, the Commission shall recommend to the Council approval, disapproval, or modification of the proposal for local historic district designation; make findings in support of that recommendation; make findings on issues or concerns raised by any individual property owner; identify any property owner objecting to the inclusion of their property within the district; or the Commission may continue the hearing.

4. An affirmative roll call vote of a majority of the Commission is required for a recommendation to the Council.

5. Within 45 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings, and all submitted materials to the City Clerk. The City Clerk shall place the Commission’s recommendation for Council consideration on the agenda of the Council. The owners and/or authorized representatives of all of the properties within the proposed local historic district boundaries shall thereafter be given notice of the time and place of the Council hearing at least 10 days prior to the hearing date.

Adoption of a Preservation/District Plan. After the adoption of the designation for a historic district by the Council pursuant to Section 10.3638.080, the applicant(s) shall have 90 days to develop a Preservation/District Plan which will set forth the manner in which the preservation objectives of the local historic district will be met. The Plan must include but is not limited to:

1. A statement of significance that includes a description of contributing resources historic cultural landmarks and significant elements.

2. The goals and objectives of the proposed district.

3. The means by which preservation objectives will be enforced:
a. A proposed Design Review Committee with all conditions for formation, membership, and operations specified.
b. The Planning Commission serving as the Design Review Committee for the local historic district.
c. An Architectural Plan Design Review Committee with all conditions for formation, membership, and operations specified.

4. Identification of the standards and guidelines that will be applied to design review within the district.

5. The activities regulated by the Preservation/District Plan that shall exclude activities determined exempt under this chapter.

6. The provision of an annual report to the Commission on compliance with and implementation of the Preservation/District Plan.

10.38.080 National Register of historic districts or structures.

Requests for recommendation. Recommendation to designate a local historic district or a structure to the National Register of Historic Places may be requested by more than 50 percent of the property owners within such historic district or by the Commission or Council.

Procedural requirements in advance of the hearing.

1. An application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this chapter and the National Register of Historic Places.

2. Notice of the time, place, and purpose of such hearing will be mailed to the owners of all properties within the designated local historic district or structure proposed for recommendation as a National Register Historic District at the addresses shown on the latest assessment roll and published once in a local newspaper of general circulation not less than 10 days prior to the date of the hearing. The Secretary may also give such additional notices as deemed necessary.

3. The Secretary shall prepare a staff report addressing the consequences and procedural requirements of listing a local historic district or structure on the National Register of Historic Places.

Commission hearing.

1. The Commission shall review all materials prepared and submitted and may vote on the district recommendation.

2. At the conclusion of the hearing, the Commission shall recommend to the Council approval, disapproval, or modification of the proposal for the National Register historic district or structure and make findings in support of that recommendation.

3. Within 30 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings, and all submitted materials to the City Council.

4. The owners of all properties within the proposed National Register historic district boundaries shall thereafter be given notice of the time and place of the Council hearing at least 10 days prior to the hearing date.

10.38.090 Adoption by Council.

The sole authority to declare historic resources cultural landmarks or historic districts and to endorse local historic districts or structures to the National Register of Historic Places shall be vested in the City Council and shall be exercised only after completion of the Commission’s responsibilities under the designation process set forth above in Section 10.38.050.

Within 30 days following receipt by the City Clerk of the Commission’s recommendations or as soon thereafter as is practicable, a hearing shall be set by the Clerk and held by the City Council. Following such hearing, the City Council shall adopt, modify, or reject the designation recommended by the Commission and, in the instance of a district designation, make findings as to which properties shall be considered contributors and non-contributors to the district. In the alternative, the City Council may continue its consideration of the matter or, in the event that new information is presented, refer the proposed designation to the Commission for further hearings, consideration, or study within a period of time designated by the City Council. Adoption of the designation shall be made by resolution, which shall contain findings of fact.

Within 10 days of the Council’s decision, notice thereof shall be mailed by the Secretary to the owner of record of each property proposed for designation at the address shown on the latest assessment roll and to such other persons that the Secretary may deem appropriate.

No proposal for designation once considered and disapproved by the Council shall be reconsidered except upon the affirmative vote of four Council members. Any decision to reconsider shall be treated as a new proposal for designation pursuant to Sections 10.3638.060, 10.3638.070, or

10.3638.080.

10.38.100 Amendment or rescission of designation.

The City Council may amend or rescind any designation of a historic resourcecultural landmark, a historic district, a contributor to a historic district, or a non-contributor to a historic district in the same manner and procedure as was followed in the original designation. This action shall result from new information, the discovery of earlier misinformation, or a change of circumstances, conditions, or factors that justified the change in the designation of the resource historic cultural landmark or district.

10.38.110 Local Register of Historic ResourcesCultural Landmarks.

Ordinances adopting designations of historic resources cultural landmarks and local historic districts shall collectively be known as the Local Register of Historic ResourcesCultural Landmarks. The local register shall be kept on file with the Secretary, who shall transmit copies to the various City officers.

10.38.120 Deletion of demolished, relocated, or rescinded designated historic resourcescultural landmarks.

When a designated historic resource cultural landmark has been demolished or relocated outside the city limits or when its designation has been rescinded pursuant to the provisions of this chapter, the Secretary, upon notice thereof, shall cause such resource historic cultural landmark to be deleted from the Local Register of Historic Resources Cultural Landmarks and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation (SHPO). Upon such deletions and such rescission, the provisions of this chapter shall not be deemed to encumber or otherwise restrict the use of such property.

10.38.130 Historic resource cultural landmark permit review process.

It shall be unlawful for any person, corporation, association, partnership, or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore any historic resource cultural landmark without first obtaining a City permit and the approval of the Planning Commission.

Upon receipt of an application or proposal for a demolition, grading, removal, or building permit for any historic resource cultural landmark, the City department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the application or proposal without the authorization of the Commission. The Commission may approve non-substantial alterations to the historic resource cultural landmark based on the application presented.

Any application or proposal that proposes the substantial alteration of a historic resource cultural landmark shall also be referred to the Secretary or his or her designee for review.

Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any historic resource cultural landmark covered by this chapter that does not involve a change in design, materials, or external appearance.

Nothing in this section shall be construed to prevent the Secretary from issuing a building permit if he or she determines that demolition, removal, or substantial alteration of the historic resource cultural landmark is immediately necessary to protect the public health, safety, or general welfare.

After consideration of all evidence and testimony, the Commission shall have the authority to approve, deny or approve with modifications, any application or proposal.

No application or proposal shall be approved or approved with modifications unless the Commission makes the following findings:

1. The proposed work is found to be consistent with the purposes of this chapter and the Secretary of the Interior’s Standards, and not detrimental to the special historical, architectural, or aesthetic interest or value of the historic resourcecultural landmark.

2. The action proposed is necessary to correct an unsafe or dangerous condition on the property.

3. Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the application, the Commission must find facts and circumstances, not of the applicant’s own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable, economically beneficial use of the property or derive a reasonable economic return from the property in its current form.

4. The site is required for public use, which will directly benefit the public health, safety, and welfare and will be of more benefit to the public than the historic resourcecultural landmark.

5. For applications for relocation of a historic resourcecultural landmark, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural, or aesthetic value of the resourcelandmark, and that the relocation is part of a definitive series of actions which will assure the preservation of the resourcehistoric cultural landmark.

Any finding that denial of the application or proposal will result in unreasonable economic hardship to the owner, pursuant to this section, may be based on the following factors:

1. An economic feasibility analysis conducted pursuant to this section shall include the determination of an “after-rehabilitation” value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the City. This “afterrehabilitation” value shall be determined in the following manner:
a. The potential residential or commercial rental rate(s) that the property could generate after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods. b. The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.
c. The appropriate capitalization rate shall be applied to the potential annual net income to determine the “after-rehabilitation” value of the property.

2. The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal.

3. The monetary cost of an appropriate rehabilitation of the resourcehistoric cultural landmark, in accordance with the standards of this chapter, shall be determined by professionals qualified to make such a determination.

4. If the fair market value of the land, combined with the costs of rehabilitation, exceeds the “after-rehabilitation” value of the property by more than 20 percent, the Commission shall find that denial of the application will result in an unreasonable economic hardship to the owner.

If the Commission determines a permit should not be issued for the demolition, alteration, relocation, or new construction, or the Council on appeal concurs, a new application affecting the same property may be submitted during the 12-month period after the disapproval only if a substantial change is made in the plans for the project.

The Commission shall give written notice of the decision regarding the regulated permit to the property owner/applicant and to the City. The notice shall contain the Commission’s findings in support thereof.

10.38.140 Historic district permit review process.

It shall be unlawful for any person, corporation, association, partnership, or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore any property within any historic district without first obtaining a City permit and written approval of the Planning Commission.

Upon receipt of an application or proposal for a demolition, grading, removal, or building permit for any property within any historic district, the City department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the permit or proposal without the authorization of the Commission. The Commission may approve nonsubstantial alterations to the property based on the application presented.

Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, materials, or external appearance.

Nothing in this section shall be construed to prevent the Director from issuing a building permit if it is determined that demolition, removal, or substantial alteration of a property within any historic district is immediately necessary to protect the public health, safety, or general welfare.

After consideration of the final environmental document, all evidence, and testimony, the Commission shall have the authority to approve, deny, or approve, with modifications, any proposed application or permit application.

No application shall be approved with modifications unless the Commission makes the following findings:

1. For a contributor to any historic district, the proposed work is found to be consistent with the general purposes of this chapter and the Secretary of the Interior’s Standards, not detrimental to the special historical, architectural, or aesthetic interest or value of the Contributor or the respective historic district in general and consistent with the district’s adopted design standards.

2. For a non-contributor to any historic district, the proposed work is found not detrimental to the historical or architectural values of the respective historic district in general and consistent with the district’s adopted design standards.

3. For new in-fill construction within any historic district, the proposed work is found not detrimental to the historical or architectural values of the respective historic district in general and consistent with the district’s adopted design standards.

4. The action proposed is necessary to correct an unsafe or dangerous condition on the property.

5. Denial of the application will result in unreasonable economic hardship to the owner. In order to approve the application, the Commission must find facts and circumstances, not of the applicant’s own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable, economically beneficial use of the property or derive a reasonable economic return from the property in its current form.

6. For applications for relocation of a contributor from any historic district, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural, or aesthetic value of the resourcelandmark, and that the relocation is part of a definitive series of actions which will assure the preservation of the resourcehistoric cultural landmark.

Any finding that denial of the permit application will result in unreasonable economic hardship to the owner, pursuant to division (F)(5) above, may be based upon the application of the following factors:

1. An economic feasibility analysis conducted pursuant to this section shall include the determination of an “after-rehabilitation” value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the Development Services. This “after-rehabilitation” value shall be determined in the following manner:
a. The potential residential or commercial rental rate(s) that could be generated by the property after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods. b. The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.
c. The appropriate capitalization rate shall be applied to the potential annual net income to determine the “after-rehabilitation” value of the property.

2. The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal.

A decision relating to the approval with modifications or disapproval of an application for any permit may be appealed pursuant to Section 10.3638.160.

If the Commission determines a permit should not be issued for the demolition, alteration, relocation, or new construction, or the City Council on appeal concurs, a new application affecting the same property may be submitted during the 12-month period after the disapproval only if a substantial change is made in the plans for the project.

The Secretary shall give written notice of the decision regarding the regulated permit to the property owner/applicant. The notice shall contain the Commission’s findings in support thereof.

10.38.150 Conditional uses.

Conditional uses in the Historic Site and Historic Neighborhood Overlay zone shall include all uses that are conditional in the base zoning district or are listed as follows:

1. Art and antique shops.

2. Art and craft schools.

3. Art supply and hobby shops.

4. Bed and breakfast establishments.

5. Beauty salons and barber shops.

6. Floral shops.

7. Gift and souvenir stores.

8. Meeting halls.

9. Multi-family dwellings, not exceeding one unit per 3,000 square feet.

10. Music or dance studios.

11. Photography studios.

12. Offices.

13. Restaurants.

14. Stamp and coin stores.

15. Shoe repair shop.

16. Travel bureaus.

17. Any other use deemed appropriate by the Planning Commission.

The above conditional uses are allowed in residential zones subject to securing a conditional use permit pursuant to Chapter 10.80.

10.38.160150 Appeal procedure.

All appeals shall be considered pursuant to Chapter 10.70.

10.38.170160 Finality of decision.

Any decision of the Council under this chapter shall be final. Any decision of the Commission under Sections 10.3638.130 or 10.3638.140 shall become final if no appeal is taken from such order or decision within the time limits prescribed by the applicable appeal provision of this chapter. No permit regulated by the provisions of this chapter shall be issued, nor shall any rights vest therein, until the decision of the Commission is final or any appeal therefrom is disposed of in the manner prescribed by this chapter.

10.38.180170 Substandard buildings.

The Building Official shall notify the Secretary whenever such official declares a historic resource cultural landmark or any structure within a historic district to be substandard or unsafe pursuant to the California Building Code.

Where any historic resource cultural landmark has been declared substandard and must be demolished for health and safety reasons, the Secretary shall notify the Planning Commission and cause such resource historic cultural landmark to be removed from any historic list.

10.38.190180 Advice and guidance to property owners.

The Commission may render advice and guidance with respect to any proposed work not requiring a City permit on any designated historic resource cultural landmark or any property within any historic district.

Examples of work referred to above are painting and repainting of exterior surfaces, fencing, landscaping, and installation of lighting fixtures. In rendering such advice and guidance, the Commission shall be guided by the purposes and standards of this chapter.

10.38.200190 Property owned by public agencies.

The Commission shall take appropriate steps to notify all public agencies and public utilities that own or may acquire property, including easements and public rights-of-way, in the City about the existence and character of designated historic resources cultural landarks and historic districts, and the Commission shall cause a current record of such resources landmarks and districts to be maintained with each such public agency and public utility. All such designated resources historic cultural landmarks and districts shall be subject to the provisions of this chapter regardless of ownership.

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.

10.38.210200 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.

10.38.220210 Minimum maintenance.

All designated historic resourcescultural 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 resource 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.

10.38.230220 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 resourcescultural landmarks.

10.38.240230 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 resource 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.

10.38.250240 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.

ORDINANCE 2025-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
REPEALING AND REENACTING CHAPTER 10.38 (HISTORIC CULTURAL LANDMARK

AND HISTORIC NEIGHBORHOOD OVERLAY ZONE) OF THE TULARE MUNICIPAL CODE WHEREAS, the City Council of the City of Tulare, at a regular meeting held August 5, 2025, considered a request to revise Zoning Ordinance Section 10.38; and WHEREAS, the City Council of the City of Tulare determined that the proposed amendment is in the public interest; and
WHEREAS, the City Council of the City of Tulare determined that the proposed amendments are consistent and compatible with the general plan and implementation programs which may be affected; and
WHEREAS, the City Council of the City of Tulare determined that the proposed request will not be detrimental to the public health, safety, and welfare or be materially injurious to properties or improvements in the vicinity; and
WHEREAS, at a duly noticed public hearing on June 9, 2025, the Planning Commission of the City of Tulare reviewed and recommended that the City Council adopt Zone Amendment. 762 approving revisions to Chapter 10.38 of the City of Tulare Municipal Code); and WHEREAS, the proposed Zone Amendment is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Sections 15061(b)(3) - Common Sense Exemption.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Tulare as follows:

SECTION 1. Chapter 10.38 of the Tulare Municipal Code is hereby repealed and reenacted and shall read as follows:

Chapter 10.38: Historic Cultural Landmark and Historic Neighborhood Overlay Zone Section

10.38.010 Purpose.

10.38.020 Definitions.

10.38.030 Duties and Powers of the Planning Commission.

10.38.040 Designation criteria.

10.38.050 Designation process.

10.38.060 Historic cultural landmarks.

10.38.070 Local historic districts.

10.38.080 National Register historic districts or structures.

10.38.090 Adoption by Council.

10.38.100 Amendment or rescission of designation.

10.38.110 Local Register of Historic Cultural Landmarks.

10.38.120 Deletion of demolished, relocated, or rescinded designated historic cultural landmarks.

10.38.130 Historic cultural landmark permit review process.

ORDINANCE 2025-XX

Page 2 ends

10.38.140 Historic district permit review process.

10.38.150 Appeal procedure.

10.38.160 Finality of decision.

10.38.170 Substandard buildings.

10.38.180 Advice and guidance to property owners.

10.38.190 Property owned by public agencies.

10.38.200 Fire and building codes.

10.38.210 Minimum maintenance.

10.38.220 Status of properties previously designated.

10.38.230 Civil and criminal penalties.

10.38.240 Severability.

10.38.010 Purpose.

The purpose of this chapter is to continue 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; to continue to protect and review changes to these landmarks and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this City, State, and nation; 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.

The Council finds that the City has played an important role in the development of the San Joaquin Valley of California and that this history is evidenced today through its historic buildings, structures, objects, and districts representing the commercial, industrial, social, economic, political and architectural development of the City. The Council finds that the distinctive and significant character of the City can best be maintained by protecting and enhancing its historic, architectural, aesthetic, and cultural heritage and by preventing unnecessary injury or destruction of its historic cultural landmarks and districts which are important community assets.

The Council finds that this chapter benefits all of the residents of the City and all owners of the property and declares as a matter of public policy that the preservation, protection, and use of historic cultural landmarks and districts are a public necessity because of their character and their value as visible reminders of the history and heritage of this City and State. The Council declares as a matter of public policy that this chapter is required in the interest of the health, prosperity, safety, welfare, and economic well-being of the people. The designation and preservation of historic cultural landmarks and districts and the regulation of alterations, additions, repairs, signs, removal, demolition, or new construction to ensure the perpetuation of their historic character is hereby designated to be a public purpose.

10.38.020 Definitions.

ORDINANCE 2025-XX

Page 3 ends

“Alteration” means any change or modification requiring a City permit, through public or private action, of any designated historic cultural landmark or any property located within a designated historic district, including, but not limited to, exterior changes to or modification of structural details, architectural details or visual characteristics such as doors, windows, surface materials and texture, grading or surface paving; addition of new structures; cutting or removal of important landscape features such as mature trees or other natural features; and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories compromising the exterior visual qualities of the landmark or property.
“Architectural design review committee” means the entity created to make recommendations to the Planning Commission regarding new development, modifications, or alterations to landmarks within the district.
“Building” means any construction created primarily to shelter any form of human activity, including accessory structures and garages.
“California Register of Historical Resources” means the authoritative guide in California to be used by State and local agencies, private groups, and citizens to identify the State’s historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial change.
“Commission” means the City of Tulare Planning Commission. “Contributor to a local historic district” means an individual historic cultural landmark that contributes to the significance of a Locally Designated Historic District (LHD) under the criteria set forth in this chapter.
“Contributor to a National Register Historic District” means an individual historic cultural landmark that contributes to the significance of a National Register Historic District (NRD) under the criteria set forth in this chapter.
“Cultural” means, as used in this chapter, shall include traditional cultures, including, but not limited to, Native American or other identifiable ethnic groups. “Demolition” means the act that destroys in whole or in part a designated historic cultural landmark.
“Exterior architectural feature” means the architectural elements embodying style, design, general arrangement, and components of all of the outside surfaces of a building, structure, or object, including, but not limited to, the type of building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such building, structure or object. “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.
“Historic Cultural Landmark” means any building, structure, object, or site that has been in existence for more than 50 years and possesses integrity of location, design, setting, materials, workmanship, feeling, and association, and is associated with events that have made a significant contribution to the broad patterns of our history, or is associated with the lives of persons ORDINANCE 2025-XX

Page 4 ends

significant in our past, or embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master or possesses high artistic values; or has yielded, or may be likely to yield, important information in prehistory or history; and has been designated as such by the Council pursuant to the provisions of this chapter. “Landscaping” means designed and non-designed landscapes, including vegetation, natural features, structures, objects, roads, or waterways, designed, shaped, or modified by human activity. Such landscaping is recognized as significant or identified within a nomination as significant in reference to the primary historic cultural landmark; and has been designated as such by the Council pursuant to the provisions of this chapter. “Local register of historic cultural landmarks” means the inventory of buildings, structures, objects, sites, and districts designated by the Council as historic cultural landmarks or historic districts pursuant to the provisions of this chapter.
“Local Historic District (LHD)” means any finite group of historic cultural landmarks related to one another in a clearly distinguishable way or any geographically definable area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. The Local Historic District must be significant as well as identifiable and it must meet the criteria of the California Register of Historic Resources.
“National Register of Historic Places” means the official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, engineering, and culture as authorized by the National Historic Preservation Act of 1966. “National Register Historic District (NRD)” means any finite group of historic cultural landmarks related to one another in a clearly distinguishable way or any geographically definable area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. The National Register Historic District must be significant as well as identifiable and it must meet National Register criteria for listing on that Register.
“Non-contributor” means any building, structure, object, or site that does not contribute to the significance of the historic district in which it is located. “Object” means any construction that is primarily artistic in nature or is relatively small in scale and simply constructed. Although an object may be, by nature or design, movable, it is associated with a specific site or environment, such as a fountain or sign. “Preservation” means the act or process of applying measures to sustain the existing form, integrity, and material of a historic property. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials. “Preservation/District Plan” means the plan adopted after the formation of a historic district, which shall govern the manner in which the preservation objectives of the district will be attained. “Reconstruction” means the act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specified period of time.

ORDINANCE 2025-XX

Page 5 ends

“Regulated permits” means any permit issued for any work on a historic cultural landmark or within any historic district.
“Rehabilitation” means the act or process of making a compatible use of a property through repair, alterations, and additions while preserving those portions or features that convey its historical, cultural, or architectural values.
“Restoration” means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
“Secretary” means the Director or his or her designee.
“Secretary of the Interior’s Standards” means The Secretary of the Interior’s Standards for the Treatment of Historic Properties published by the U.S. Department of the Interior. “Site” means the location of a significant event, a prehistoric or historic occupation, or an activity where the location itself possesses historical, cultural, or archaeological value regardless of the value of any existing structure, including, but not limited to, a designed landscape or the ruins of a building or structure.
“Specialist” means a person or person designated by the Director to serve as a preservation specialist to assist the City.
“Stabilization” means the act or process of applying measures designed to reestablish a weatherresistant enclosure or the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present. “State Historic Building Code” means Title 24, Building Standards, Part 8, California Code of Regulations.
“Structure” means Any construction created for purposes other than creating human shelter, including, but not limited to, a bridge or water tower. “Survey” means historic cultural landmark surveys conducted under the auspices of the City. “Unreasonable economic hardship” means facts and circumstances that establish that there are no feasible measures that can be taken that will enable the property owner to make reasonable beneficial use of the property or derive a reasonable economic return from the property in its current form.

10.38.030 Duties and powers of the Planning Commission.

In regard to this chapter, the primary duties of the Planning Commission shall be:

1. The identification, designation, and preservation of historic cultural landmarks and historic districts owned by the City or located within the city limits.

The Commission shall have the following additional duties and powers:

1. Conduct studies and evaluations of applications requesting the designation of historic ORDINANCE 2025-XX

Page 6 ends

districts and make determinations and recommendations as appropriate for consideration of such applications in order to effectuate the purposes of this chapter.

2. Adopt specific guidelines for the designation of historic cultural landmarks, historic districts, and heritage properties as it deems necessary to effectuate the purposes of this chapter.

3. Maintain a current listing and description of designated historic cultural landmarks and historic districts and transmit copies and updates of such listings to all appropriate City agencies and departments as determined by the Secretary to the Commission.

4. Develop and recommend the adoption of a Historic Preservation Element for the General Plan of the City.

5. Participate in environmental review procedures called for under this chapter or under the California Environmental Quality Act (CEQA) or under the National Environmental Protection Act (NEPA) by providing review and comments on permit actions affecting designated historic cultural landmarks and historic districts as the Commission deems appropriate.

6. Review and comment upon the conduct of land use, housing, redevelopment, municipal improvement, and other types of planning and programs undertaken by any agency or department of the City, County, or State as they relate to designated historic cultural landmarks and historic districts as the Commission deems appropriate.

7. Establish criteria and conduct or cause to be conducted historic cultural landmark surveys of properties within the city limits in accordance with State survey standards and procedures; submit completed surveys to the Council for official adoption; and submit adopted surveys to the Office of Historic Preservation for integration into the Historic Property Data File for Tulare County maintained by that office.

8. Recommend internal procedures to facilitate the use of such adopted historic cultural landmark surveys in planning and development processes by all relevant City agencies and departments.

9. Publicize, maintain, and periodically update such historic cultural landmark surveys in accordance with State survey standards and procedures.

10. Adopt procedural rules for the systematic review of such historic cultural landmark surveys to determine if designation proceedings should be initiated on appropriate sites. Provide for the removal of sites not found qualified for designation from the survey and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation if included therein.

11. Review and make recommendations on nominations for inclusion in the California Register of Historical Resources.

12. Review and make recommendations on any applications to participate in local historic preservation incentive programs established in order to effectuate the purposes of this chapter.

13. Adopt, promulgate, amend, and rescind, from time to time, such rules, guidelines, and regulations as the Commission may deem necessary to effectuate the purposes of this chapter.

14. Provide a suitable sign, plaque, or other marker at public or private expense on or near the historic cultural landmark or district (LHD or NRD), indicating that the landmark or district (LHD or NRD) has been so designated. The sign, plaque, or other marker shall ORDINANCE 2025-XX

Page 7 ends

contain information and data deemed appropriate by the Commission, and its placement shall be at the discretion of the owner.

15. Keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, and decisions as a matter of public record.

16. Render advice and guidance, upon the request of a property owner or tenant, on the financial and physical aspects of the restoration, alteration, rehabilitation, landscaping, or maintenance of any historic cultural landmark or any contributor to any historic district (LHD or NRD).

17. Investigate and report to the Council on the use of various federal, State, local, or private funding sources and mechanisms available to promote historic cultural landmark preservation in the City.

18. Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to historic cultural landmarks and provide for public participation in all aspects of the City’s historic preservation programs.

10.38.040 Designation criteria.

Historic cultural landmarks. Any building, structure, object, or site may be designated as a historic cultural landmark if it is found by the Commission and Council to meet the following criteria:

2. It has been in existence less than 50 years; it meets the criteria of division (A)(1) above and is of exceptional importance within the appropriate historical context, local, State, or national.

Local historic districts. Any finite group of historic cultural landmarks (buildings, structures, objects, or sites) may be designated as a local historic district if it meets the definition set forth in Section 10.38.020, its designation is consented to by the majority of the property owners within the local historic district, at least 50 percent of the historic cultural landmarks within the proposed local historic district are 50 years of age or older, and it is found by the Commission and Council to meet one or more of the following criteria:

1. It exemplifies or reflects special elements of the City’s cultural, social, economic, political, aesthetic, engineering, or architectural heritage.

2. It is identified with a person or group that contributed significantly to the culture and development of the City.

3. It embodies distinctive characteristics of a style, type, period, or method of construction or is a valuable example of the use of indigenous materials or craftsmanship.

4. Structures within the area exemplify a particular architectural style or way of life important to the City.

ORDINANCE 2025-XX

Page 8 ends

5. The area is related to a designated historic cultural landmark or district in such a way that its preservation is essential to the integrity of the designated landmark or local historic district.

6. The area has the potential to yield information of archaeological interest.

National Register historic districts. The nomination of any finite group of historic cultural landmarks (buildings, structures, objects, or sites), including any local historic district, to the National Register of Historic Places as a National Register historic district may be recommended under this chapter if the nomination is supported by more than 50 percent of the property owners within the proposed National Register historic district.

10.38.050 Designation process.

Buildings, structures, objects, sites, and districts may be considered for designation as historic cultural landmarks, local historic districts, or National Register historic district under this chapter as set forth in Sections 10.38.060, 10.38.070, and 10.38.080.

Historic cultural landmarks and districts shall be adopted by ordinance pursuant to Chapter 10.86, Zoning Ordinance Amendments. In the case of historic cultural landmarks, the landmark shall be designated on the Official Zoning Map with the base zone district followed by the Historic Site And Historic Neighborhood Overlay zone notation (H). For example, a single-family property that is designated a historic cultural landmark shall have the notation R-1-6(H).

In the case of the historic districts, the boundaries of the district will be adopted by ordinance but will not be designated with the H overlay. In the historic district, all historic cultural landmarks, and contributing landmarks shall be subject to the historic district permit review process.

10.38.060 Historic cultural landmarks.

Requests for designation. Designation of a historic cultural landmark may be initiated by the Council, the Commission, the Secretary, the property owner, or an authorized representative of the owner. The application for designation consideration shall be filed with the City, using a form approved by the Secretary and shall include the following information:

2. Whether the proposed historic cultural landmark takes the form of a building, structure, object, or site, as defined in this chapter.

4. The manner in which the proposed building, structure, object, or site meets the criteria for designation contained in Section 10.38.040.

5. Current photographs of all aspects of the proposed historic cultural landmark, supplemented by sketches, drawings, or other descriptive materials.

ORDINANCE 2025-XX

Page 9 ends

6. A description of the physical condition and appearance of the proposed historic cultural landmark.

Procedural requirements in advance of the hearing.

3. The property owner and/or any authorized representative shall be prohibited from undertaking any alteration, construction, grading, demolition, or removal of such property, and no permit to undertake such work shall be issued by the City for 90 days from the date the Department mails the notice of hearing to determine historic cultural landmark designation to the property owner and/or any authorized representative. If no final action has been taken as to the historic cultural landmark designation within the 90-day period, said restrictions shall be removed unless the Commission, with the consent of the property owner and/or any authorized representative, elects to continue its consideration of the property for historic cultural landmark designation. If the Commission, with the consent of the owner and/or any authorized representative, makes such an election, said restrictions shall remain against the property until final action and the Department shall notify the appropriate City officials of said restrictions.

Nothing in this provision shall be construed as a prohibition or infringement on the legal use of a property pending consideration by the Commission.

4. The provisions of this section shall not apply to the construction, grading, alteration, demolition, or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of hearing to consider the designation of the historic cultural landmark, and where such permit has not expired or been canceled or revoked, provided that construction is started and diligently pursued to completion in accordance with the building code.

Commission hearing.

ORDINANCE 2025-XX

Page 10 ends

1. The Commission shall review all materials prepared and submitted and vote on the designation recommendation.

3. An affirmative roll call vote of a majority of the Commission is required for a recommendation to the City Council.

10.38.070 Local historic districts.

Initial application.

1. A clearly defined and explained boundary for the proposed district is shown on an assessor’s map or maps.

ORDINANCE 2025-XX

Page 11 ends

5. A map illustrating all buildings in the proposed district with an identification of contributing and non-contributing historic cultural landmarks.

6. Photographs of streetscapes in the proposed district and the contributing and noncontributing historic cultural landmarks.

8. Whether the application is seeking the designation of a National Register historic district or only the designation of a local historic district.

Procedural requirements in advance of the hearing.

ORDINANCE 2025-XX

Page 12 ends

Nothing in this provision shall be construed as a prohibition or infringement on the legal use of properties within the proposed historic district pending consideration by the Commission.

Commission hearing.

1. The Commission shall review all materials prepared and submitted and may vote on the designation recommendation.

4. An affirmative roll call vote of a majority of the Commission is required for a recommendation to the Council.

Adoption of a Preservation/District Plan. After the adoption of the designation for a historic district by the Council pursuant to Section 10.38.080, the applicant(s) shall have 90 days to develop a Preservation/District Plan which will set forth the manner in which the preservation objectives of the local historic district will be met. The Plan must include but is not limited to:

1. A statement of significance that includes a description of contributing historic cultural landmarks and significant elements.

2. The goals and objectives of the proposed district.

ORDINANCE 2025-XX

Page 13 ends

4. Identification of the standards and guidelines that will be applied to design review within the district.

5. The activities regulated by the Preservation/District Plan that shall exclude activities determined exempt under this chapter.

6. The provision of an annual report to the Commission on compliance with and implementation of the Preservation/District Plan.

10.38.080 National Register of historic districts or structures.

Procedural requirements in advance of the hearing.

1. An application and all supporting information shall be reviewed by the Secretary for adequacy and completeness under the requirements of this chapter and the National Register of Historic Places.

3. The Secretary shall prepare a staff report addressing the consequences and procedural requirements of listing a local historic district or structure on the National Register of Historic Places.

Commission hearing.

1. The Commission shall review all materials prepared and submitted and may vote on the district recommendation.

3. Within 30 days of the final Commission action, the Secretary shall send a copy of the recommendation, findings, and all submitted materials to the City Council.

10.38.090 Adoption by Council.

The sole authority to declare historic cultural landmarks or historic districts and to endorse local historic districts or structures to the National Register of Historic Places shall be vested in the City Council and shall be exercised only after completion of the Commission’s responsibilities under the designation process set forth above in Section 10.38.050.

Within 30 days following receipt by the City Clerk of the Commission’s recommendations or as soon thereafter as is practicable, a hearing shall be set by the Clerk and held by the City Council.

Following such hearing, the City Council shall adopt, modify, or reject the designation recommended by the Commission and, in the instance of a district designation, make findings as ORDINANCE 2025-XX

Page 14 ends

to which properties shall be considered contributors and non-contributors to the district. In the alternative, the City Council may continue its consideration of the matter or, in the event that new information is presented, refer the proposed designation to the Commission for further hearings, consideration, or study within a period of time designated by the City Council. Adoption of the designation shall be made by resolution, which shall contain findings of fact.

10.38.070, or 10.38.080.

10.38.100 Amendment or rescission of designation.

The City Council may amend or rescind any designation of a historic cultural landmark, a historic district, a contributor to a historic district, or a non-contributor to a historic district in the same manner and procedure as was followed in the original designation. This action shall result from new information, the discovery of earlier misinformation, or a change of circumstances, conditions, or factors that justified the change in the designation of the historic cultural landmark or district.

10.38.110 Local Register of Historic Cultural Landmarks.

Ordinances adopting designations of historic cultural landmarks and local historic districts shall collectively be known as the Local Register of Historic Cultural Landmarks. The local register shall be kept on file with the Secretary, who shall transmit copies to the various City officers.

10.38.120 Deletion of demolished, relocated, or rescinded designated historic cultural landmarks
When a designated historic cultural landmark has been demolished or relocated outside the city limits or when its designation has been rescinded pursuant to the provisions of this chapter, the Secretary, upon notice thereof, shall cause such historic cultural landmark to be deleted from the Local Register of Historic Cultural Landmarks and from the Historic Property Data File for the City of Tulare maintained by the State Office of Historic Preservation (SHPO). Upon such deletions and such rescission, the provisions of this chapter shall not be deemed to encumber or otherwise restrict the use of such property.

10.38.130 Historic cultural landmark permit review process It shall be unlawful for any person, corporation, association, partnership, or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore any historic cultural landmark without first obtaining a City permit and the approval of the Planning Commission.

Upon receipt of an application or proposal for a demolition, grading, removal, or building permit for any historic cultural landmark, the City department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the application or proposal without the authorization of the Commission. The Commission may approve non-substantial alterations to the historic cultural landmark based on the application presented.

ORDINANCE 2025-XX

Page 15 ends

Any application or proposal that proposes the substantial alteration of a historic cultural landmark shall also be referred to the Secretary or his or her designee for review.

Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any historic cultural landmark covered by this chapter that does not involve a change in design, materials, or external appearance.

Nothing in this section shall be construed to prevent the Secretary from issuing a building permit if he or she determines that demolition, removal, or substantial alteration of the historic cultural landmark is immediately necessary to protect the public health, safety, or general welfare.

After consideration of all evidence and testimony, the Commission shall have the authority to approve, deny or approve with modifications, any application or proposal.

No application or proposal shall be approved or approved with modifications unless the Commission makes the following findings:

2. The action proposed is necessary to correct an unsafe or dangerous condition on the property.

3. Denial of the application will result in unreasonable economic hardship to the owner.

In order to approve the application, the Commission must find facts and circumstances, not of the applicant’s own making, which establish that there are no feasible measures that can be taken that will enable the property owner to make a reasonable, economically beneficial use of the property or derive a reasonable economic return from the property in its current form.

4. The site is required for public use, which will directly benefit the public health, safety, and welfare and will be of more benefit to the public than the historic cultural landmark.

5. For applications for relocation of a historic cultural landmark, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural, or aesthetic value of the landmark, and that the relocation is part of a definitive series of actions which will assure the preservation of the historic cultural landmark.

Any finding that denial of the application or proposal will result in unreasonable economic hardship to the owner, pursuant to this section, may be based on the following factors:

1. An economic feasibility analysis conducted pursuant to this section shall include the determination of an “after-rehabilitation” value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the City. This “after-rehabilitation” value shall be determined in the following manner:
a. The potential residential or commercial rental rate(s) that the property could generate after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods. b. The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.

ORDINANCE 2025-XX

Page 16 ends

c. The appropriate capitalization rate shall be applied to the potential annual net income to determine the “after-rehabilitation” value of the property.

2. The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal.

3. The monetary cost of an appropriate rehabilitation of the historic cultural landmark, in accordance with the standards of this chapter, shall be determined by professionals qualified to make such a determination.

10.38.140 Historic district permit review process
It shall be unlawful for any person, corporation, association, partnership, or other legal entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore any property within any historic district without first obtaining a City permit and written approval of the Planning Commission.

Upon receipt of an application or proposal for a demolition, grading, removal, or building permit for any property within any historic district, the City department or agency receiving same shall, within five calendar days, notify the Secretary and forward said permit application or proposal and accompanying documentation to the Secretary and shall not process the permit or proposal without the authorization of the Commission. The Commission may approve non-substantial alterations to the property based on the application presented.

No application shall be approved with modifications unless the Commission makes the following findings:

1. For a contributor to any historic district, the proposed work is found to be consistent ORDINANCE 2025-XX

Page 17 ends

with the general purposes of this chapter and the Secretary of the Interior’s Standards, not detrimental to the special historical, architectural, or aesthetic interest or value of the Contributor or the respective historic district in general and consistent with the district’s adopted design standards.

4. The action proposed is necessary to correct an unsafe or dangerous condition on the property.

5. Denial of the application will result in unreasonable economic hardship to the owner.

6. For applications for relocation of a contributor from any historic district, the Commission shall find that one or more of the above conditions exist, that relocation will not destroy the historical, architectural, or aesthetic value of the landmark, and that the relocation is part of a definitive series of actions which will assure the preservation of the historic cultural landmark.

1. An economic feasibility analysis conducted pursuant to this section shall include the determination of an “after-rehabilitation” value of the property calculated on an income approach utilizing the capitalization rate determined appropriate by the Development Services. This “after-rehabilitation” value shall be determined in the following manner:
a. The potential residential or commercial rental rate(s) that could be generated by the property after an appropriate rehabilitation shall be determined by a review of current market rates for comparable properties within comparable neighborhoods. b. The potential annual net income that could be generated by the property after an appropriate rehabilitation, taking into consideration standard vacancy and expense factors, shall be determined.
c. The appropriate capitalization rate shall be applied to the potential annual net income to determine the “after-rehabilitation” value of the property.

2. The fair market value of the land, exclusive of improvements and without development restrictions pursuant to this chapter, shall be determined by a standard appraisal.

4. If the fair market value of the land, combined with the costs of rehabilitation, exceeds the “after-rehabilitation” value of the property by more than 20 percent, the ORDINANCE 2025-XX

Page 18 ends

Commission shall find that denial of the application will result in an unreasonable economic hardship to the owner.

A decision relating to the approval with modifications or disapproval of an application for any permit may be appealed pursuant to Section 10.38.160.

The Secretary shall give written notice of the decision regarding the regulated permit to the property owner/applicant. The notice shall contain the Commission’s findings in support thereof.

10.38.150 Appeal procedure
All appeals shall be considered pursuant to Chapter 10.70.

10.38.160 Finality of decision
Any decision of the Council under this chapter shall be final. Any decision of the Commission under Sections 10.38.130 or 10.38.140 shall become final if no appeal is taken from such order or decision within the time limits prescribed by the applicable appeal provision of this chapter. No permit regulated by the provisions of this chapter shall be issued, nor shall any rights vest therein, until the decision of the Commission is final or any appeal therefrom is disposed of in the manner prescribed by this chapter.

10.38.170 Substandard buildings
The Building Official shall notify the Secretary whenever such official declares a historic cultural landmark or any structure within a historic district to be substandard or unsafe pursuant to the California Building Code.

Where any historic cultural landmark has been declared substandard and must be demolished for health and safety reasons, the Secretary shall notify the Planning Commission and cause such historic cultural landmark to be removed from any historic list.

10.38.180 Advice and guidance to property owners
The Commission may render advice and guidance with respect to any proposed work not requiring a City permit on any designated historic cultural landmark or any property within any historic district.

10.38.190 Property owned by public agencies
The Commission shall take appropriate steps to notify all public agencies and public utilities that own or may acquire property, including easements and public rights-of-way, in the City about the existence and character of designated historic cultural landarks and historic districts, and the Commission shall cause a current record of such landmarks and districts to be maintained with each such public agency and public utility. All such designated historic cultural landmarks and districts shall be subject to the provisions of this chapter regardless of ownership.

ORDINANCE 2025-XX

Page 19 ends

Tulare City CouncilAugust 5, 2025

Tulare City Council
August 5, 2025