Agenda packet — Tulare City Council, August 19, 2025 (part 1 of 2)

City of Tulare Page 1 of 5
Tulare Public Library & Council Chamber Tuesday, August 19, 2025 491 North M Street, Tulare CA 93274 6:30 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 19, 2025
City of Tulare Page 2 of 5
6:30 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 Library Board Appointment.

Recommended Action: Interview applicants and appoint a member to the Library Board for a term ending June 30, 2028.

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

4. CALL TO ORDER

5. PLEDGE OF ALLEGIANCE AND INVOCATION – John Maher, Pastor of Calvary Chapel Tulare, to deliver an 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 August 5, 2025. [M. Wilcox]
City Council Meeting Agenda Tuesday, August 19, 2025
City of Tulare Page 3 of 5

9.3 Second Reading and Adoption of Ordinance 2025-10.

9.4 Second Reading and Adoption of Ordinance 2025-11.

9.5 Second Reading and Adoption of Ordinance 2025-12.

Recommended Action: Adopt Ordinance 2025-12 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]

9.6 Risk Management Authority Joint Powers Agreement.

Recommended Action: Adopt a resolution approving the Amended Central San Joaquin Valley Risk Management Authority (CSJVRMA) Joint Powers Agreement (JPA). [T. Gaffery]

9.7 2022-2023 HOME Investment Partnerships Program.

9.8 Economic Development Updates.

Recommended Action: Receive an update on economic development activities in the City of Tulare. [J. Gomez]

9.9 Surplus Vehicles.

Recommended Action: Adopt a resolution authorizing the surplus of certain city vehicles. [M.

Reed]

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 Actions Pertaining to Farmland Mitigation.

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 West Tulare Study.

Recommended Action: Receive a presentation on the findings from the analysis conducted regarding potential commercial development in West Tulare and provide direction to staff thereto. [J. Gomez]

11.2 Downtown Tulare Assistance for Small Town Eateries (TASTE) Program.

11.3 Bicycle Lanes Discussion.

Recommended Action: Discuss and provide direction regarding a request for staff presentation on bicycle lanes. [M. Mondell]

11.4 Study Session Request for Inyo Corridor.

Recommended Action: Discuss and provide direction regarding a request for a study session on the Inyo Corridor. [M. Mondell]

11.5 Request for Joint Meeting with COS and TJUHSD Boards.

11.6 Request for AdHoc Committee on Public Transit Corridor.

11.7 Consideration of Modifying the Start Time of Regular City Council Meetings.

Recommended Action: Discuss and consider modifying the start time of regular City Council meetings. [M. Mondell]

12. FUTURE AGENDA ITEMS - NONE SUBMITTED

13. STAFF UPDATES

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

14.1 Conference with Labor Negotiators (Gov. Code § 54957.6) Agency Designated Representative: City Manager Mondell, Assistant City Manager Gaffery, City Attorney Zamora, Deputy City Manager/Chief Technology Officer Bowling Employee Organization: Tulare Professional Firefighter Association (non-management); Tulare Professional Firefighter Association (management) Unrepresented Employee: Battalion Chiefs

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.

City Council Meeting Agenda Tuesday, August 19, 2025
City of Tulare Page 5 of 5

17. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, September 2, 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 15, 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 19, 2025 Agenda Memo
Date: August 15, 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.
6:30 p.m. Special Meeting

1. CALL TO ORDER

2.1 Library Board Appointment.

Recommended Action: Interview applicants and appoint a member to the Library Board for a term ending June 30, 2028.

Summary: The Library Board was established pursuant to California Education Code § 18910 which states that a public library shall be managed by a board of library trustees, consisting of five members who serve three-year terms, to be appointed by the mayor with the consent of the Council. The Board advises staff and Council on all matters relating to library services. Meetings of the Board are held at 4:00 p.m. on the third Wednesday of each month at the Tulare Public Library.

Two members had terms that expired on June 30, 2025. One member advised staff that, after serving 12 years on the Board, they decided not to reapply. A notice of the vacancy was posted and staff received a total of five applications for consideration. All five applicants were emailed and invited to attend the Council meeting.

Staff recommends Council review the applications, interview the applicants, the mayor selects someone to serve on the Library Board, and the Council confirms, by majority vote, the mayor’s selection.

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.

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Agenda Memo - August 19, 2025
Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

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

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

4. CALL TO ORDER

5. PLEDGE OF ALLEGIANCE AND INVOCATION – John Maher, Pastor of Calvary Chapel Tulare, to deliver an 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 August 5, 2025. [M. Wilcox]

9.3 Second Reading and Adoption of Ordinance 2025-10.

Recommended Action: Adopt Ordinance 2025-10 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 Tulare City Council Page 3 of 19
Agenda Memo - August 19, 2025
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.

The proposed ordinance was introduced and passed-to-print on August 5, 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 part of the agenda.

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

9.4 Second Reading and Adoption of Ordinance 2025-11.

Recommended Action: Adopt Ordinance 2025-11 approving Zone Amendment 763, designating the Tulare First United Methodist Church property as a City of Tulare HistoricCultural 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.

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Agenda Memo - August 19, 2025
Once a building, structure, object, site, or district is designated as a Historic-Cultural Landmark it will enable the Historic-Cultural Landmarks Advisory Committee, the Planning Commission, and the City Council, to work with property owners and the community to protect and review changes to these local landmarks and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this City, State, and nation. This would assist in implementing the Tulare General Plan’s goals and vision with respect to the following:
• To continue to safeguard the heritage of this city by preserving and regulating its historic buildings, structures, objects, sites, and districts which reflect elements of the City’s historic, cultural, social, economic, political and architectural history • To continue to preserve and enhance the environmental quality and safety of these landmarks and districts.
• To continue to establish, stabilize and improve property values and to foster economic development.

At its July 14, 2025, meeting, the City of Tulare Planning Commission voted 5-0 to recommend designation of the Tulare First United Methodist Church as a Historic-Cultural Landmark due to its architectural significance, as well as the important role the church and its congregation have played in the history and cultural heritage of Tulare.

The proposed ordinance was introduced and passed-to-print on August 5, 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 part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If Zone Amendment 763 is not approved, the Tulare First United Methodist Church would not be designated as a local Tulare Historical-Cultural Landmark.

9.5 Second Reading and Adoption of Ordinance 2025-12.

Recommended Action: Adopt Ordinance 2025-12 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
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Agenda Memo - August 19, 2025
Missing/Outdated Pruning Standards.

Inadequate Pruning Regulations
PROPOSED ORDINANCE REVISIONS :
§ 8.52.010 Definitions. For the purposes of this chapter, certain words and terms used herein are defined as follows.

Arborist Report. A professional report prepared by a Certified Arborist that documents the location, species, size, and condition of tree(s) proposed for removal or preservation, includes visual examination of any damage, and provides recommendations for removal, preservation, or mitigation measures based on the arborist's professional judgment.

Certified Arborist. A person having expertise in the care and maintenance of trees who is certified by the International Society of Arboriculture (ISA) or the American Society of Consulting Arborists (ASCA), and who maintains his or her accreditation.

Heritage Tree. Any Valley Oak Tree (Quercus lobata), with a trunk diameter of two inches or greater at a point four and one-half feet above the root crown (also referred to as two inches D.B.H.), or any living tree designated by resolution of the Council as a historic tree because of an association of some event or person of historical significance to the community or because of special recognition due to the size, condition, or aesthetic qualities. Council designation of any tree other than a Valley Oak Tree will require the consent of the persons owning the property as of the date of the designation, and shall be based upon standards, including, but not limited to the following:
(A) Any tree which is indigenous to the area or which has adapted exceptionally well to the climatic conditions of the Tulare area, or is one of a kind; (B) Any stand of trees where the native species are dependent upon each other for survival; (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.

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Agenda Memo - August 19, 2025
(A) The Director’s decision shall be based upon reasonable standards, including, but not limited to, the following:

1. The condition of the Heritage Tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its status as a host for plant diseases, pests, or infections that may endanger other species of trees or plants.

2. The necessity of the requested action to allow for construction, development, or improvement of the property, or to otherwise allow economic or other reasonable enjoyment of property.

3. The topography of the land and the effect of the requested action on soil retention, water retention, and diversion or increased flow of surface waters.

4. The number, species, size, and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the City of Tulare as a whole.

5. Good forestry practices including, but not limited to, the number of healthy trees the subject parcel of land will support.
(B) The application for removal of a Heritage Tree shall include an Arborist Report prepared by a Certified Arborist. The report must include:

1. Detailed photographic documentation of the tree(s) proposed for removal;

2. Precise location, species, diameter measurement at 4.5 feet above ground, and condition assessment of each tree;

3. Tree Risk Assessment in accordance with International Society of Arboriculture Best Management Practices, including identification of any high or extreme risk ratings;

4. Tree Health Rating classification (excellent, good, fair, poor, dying, or dead) as defined in the Guide for Plant Appraisal, 10th Edition;

5. Documentation of any disease, pest infestation, structural defects, or site condition problems affecting the tree;

6. Analysis of potential preservation alternatives, including pruning, cabling, or other arboricultural treatments;

7. A clear professional recommendation regarding whether the tree(s) should be removed or preserved; and

8. Proposed mitigation measures if removal is recommended. (C) In deciding on an application for a permit, the Director may attach reasonable conditions to ensure compliance with the stated purposes of this chapter, including, but not limited to, a condition requiring up to two replacement trees from 15-gallon containers or larger, in a suitable location as substitutes for the removed tree or trees, at the sole expense of the applicant. Any decision shall include a statement of the reasons for the decision. § 8.52.060 Heritage Tree Pruning Permits and Requirements.

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Agenda Memo - August 19, 2025
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);

8.52.070(A);
d. Justification for the proposed pruning work; and
e. Any recommended mitigation measures to maintain the health of the tree.

6. If the work is to be performed in any public right-of-way, proof of insurance coverage for general liability, property damage, and workers' compensation; and

7. Proof of the possession of a valid City of Tulare business license for tree service work. (B) The Director, when reviewing Major Pruning Permit applications, shall consider:

1. Current tree condition and potential impacts to future tree health;

2. Danger to people or property;

3. Interference with existing structures or utilities; and

4. Conformity with industry-standard arboricultural practices. (C) A copy of the approved Major Pruning Permit must be in the possession of the person pruning the heritage tree or oak tree at all times during the course of the work being performed. (D) For pruning that does not meet the threshold of Major Pruning, classified as Trimming:

1. No Notice of Intent to Prune is required when a property owner performs trimming on their own private property, provided the work is actually and solely performed by the property owner and follows proper arboricultural practices as referenced in § 8.52.070(A).

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Agenda Memo - August 19, 2025

2. For all other trimming work, a Notice of Intent to Prune shall be submitted to the Director prior to the start of work, containing the information required in subsection (A), items 1-4, plus:
a. If performed by a commercial company on private property, proof of a valid City of Tulare business license for tree service work.
b. If performed in any public right-of-way, proof of insurance coverage for general liability, property damage, and workers' compensation, and proof of a valid City of Tulare business license for tree service work.
(E) All trimming shall be performed in accordance with proper arboricultural practices as referenced in § 8.52.070(A).
§ 8.52.070 Pruning Standards
(A) All pruning of heritage trees shall be performed in accordance with the most recent edition of the American National Standards Institute (ANSI) A300 Pruning Standards and the International Society of Arboriculture (ISA) Best Management Practices for Tree Pruning. (B) Major Pruning of heritage trees shall be conducted in accordance with an approved Major Pruning Permit as set forth in § 8.52.060. Major Pruning permit applications shall include an Arborist Report prepared by a Certified Arborist in accordance with the standards referenced in subsection (A).
(C) The Director, when reviewing Major Pruning Permit applications, shall consider:

1. Current tree condition and potential impacts to future tree health;

2. Danger to people or property;

3. Interference with existing structures or utilities; and

4. Conformity with industry-standard arboricultural practices. (D) Improper pruning or trimming practices including, but not limited to, topping, lion's tailing, or excessive crown reduction that damage the structure or health of the tree are prohibited. (E) The Director shall maintain copies of current pruning standards referenced in subsection (A) which shall be available for public inspection in the office of the Recreation, Parks and Library Director.

The proposed ordinance was introduced and passed-to-print on August 5, 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 part of the agenda.

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Agenda Memo - August 19, 2025
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.

9.6 Risk Management Authority Joint Powers Agreement.

Recommended Action: Adopt a resolution approving the Amended Central San Joaquin Valley Risk Management Authority (CSJVRMA) Joint Powers Agreement (JPA). [T. Gaffery] Summary: The CSJVRMA provides pooled insurance, risk management, and loss control services to participating member cities to help manage and reduce public agency liability and workers’ compensation costs. The CSJVRMA recently conducted a full review of its governing documents to ensure they aligned with current practices, legal requirements, and operational needs. This effort was led by CSJVRMA staff, legal counsel and the Administration and Financial Services Subcommittee, with final recommendations made to the Executive Committee.

On June 26, 2025, the Executive Committee approved and forwarded an updated JPA to member cities for approval by their respective city councils.

Key Changes to the JPA Included:
(A) Definitions were clarified, and language was broadened to allow flexibility (such as the option to create or join a captive agency).
(B) A new provision was added in line with Government Code Section 6509, which was not part of the law when the JPA was last updated in 1994.
(1) Government Code Section 6509 ensures that a JPA operates within the legal limits of its member agencies and does not gain broader powers simply by forming. To avoid the impracticality of complying with all member agency restrictions, the law requires each JPA to designate one member agency whose legal limitations will apply to the JPA’s actions.
(2) In the updated Agreement, the City of Ripon is designated under Section 6509, with City of Madera as a backup. Neither city has legal restrictions that would conflict with the JPA’s operations.

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 amended agreement has been reviewed and approved by the City Attorney.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the resolution is not adopted, the City could be removed from the JPA.

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Agenda Memo - August 19, 2025

9.7 2022-2023 HOME Investment Partnerships Program.

Recommended Action: Adopt a resolution authorizing the submittal of an application for funding under the HOME Investment Partnerships Program (HOME) and the execution of a standard agreement, any amendments thereto, and of any related documents necessary to participate in the HOME Program. [A. Costales]
Summary: The City of Tulare (“City”) submitted an application in April 2024 requesting $500,000 for HOME eligible activities in response to the HOME Notice of Funding Availability (“NOFA”) issued on January 19, 2024, by the California Department of Housing and Community Development (the “Department”). Through letter and email correspondence beginning in November 2024, City staff received information from the Department of their intent to award the City a 2022-2023 HOME grant in the amount of $500,000 for the implementation of first-time homebuyer, owner occupied rehabilitation, and tenant based rental assistance programs. And as part of proceeding with the execution of a standard agreement, the Department directed City staff to prepare a new resolution in a form prescribed by the Department. The new format for a resolution does not change the terms of the City’s original application and intended uses.

Fiscal Impact & Funding Source(s): Accept up to $500,000 in state HOME funds over three fiscal years, beginning with Fiscal Year 2025-2026, for the reimbursement of HOME eligible activities expensed through fund (310) and account (702).

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 part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If authorization is not given, then the City will likely forfeit access to this particular grant and jeopardize the prospect of securing future HOME Program funds from the Department.

9.8 Economic Development Updates.

Recommended Action: Receive an update on economic development activities in the City of Tulare. [J. Gomez]
Summary: Attached is the July 2025 Economic Development Bulletin identifying activities and projects that took place in the previous month highlighting four elements of economic development.
• Building permits issued pertaining to residential and commercial improvements along with the total value of those improvements
• Business licenses that were issued for either new businesses, change of ownership, or businesses that failed to have a business license previously • Active projects that will have a sizeable impact on economic development • Site Plan Review projects that have been submitted to the City that could positively address commercial and residential needs
This is an informational item only and does not require any action by the City Council.

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Agenda Memo - August 19, 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 part of the agenda.

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

9.9 Surplus Vehicles.

Recommended Action: Adopt a resolution authorizing the surplus of certain city vehicles. [M.

Reed]
Summary: The Fleet Control Budget was established in order to allow the Fleet Maintenance Division to bill departments for city vehicles, to recommend replacements, and properly size and make vehicles available to departments based on their needs.

The following vehicles have been removed from service. These units have been inspected by Fleet Maintenance and have reached the end of useful life or have damage not economically feasible to repair.

Unit# Year Make Model Department
3103 2014 Ford Interceptor Police
3108 2015 Ford Interceptor Police
3112 2015 Ford Interceptor Police
3114 2015 Ford Interceptor Police
3120 2016 Ford Interceptor Police
3136 2017 Ford Interceptor Police
3137 2017 Ford Interceptor Police
3142 2018 Ford Interceptor Police
3144 2018 Ford Interceptor Police
3131 2017 Ford Interceptor Police
3134 2017 Ford Interceptor Police
3130 2017 Ford Interceptor Police
3148 2019 Ford Interceptor Police
3133 2017 Ford Interceptor Police
Fiscal Impact & Funding Source(s): There is no fiscal impact to this approval. Staff will attempt to dispose of the units at no cost to the City or sell/auction the vehicles in accordance with City policies.

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.

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Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If not approved, the vehicles will remain at the Corporation Yard until approved for surplus.

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 Actions Pertaining to Farmland Mitigation.

Recommended Action: (1) Adopt a resolution adopting a per-acre fee for agricultural conservation easements; (2) Approve a Conservation Services and Contribution Agreement with Great Valley Land Trust in the amount of $1,095,000; and (3) Provide staff direction on recordation of conservation easements. [T. Gaffery]
Summary: Background on Farmland Mitigation
Many cities within the Central Valley are required by the State to have a farmland mitigation ordinance as part of their development review and approval process. This requirement is meant to address significant impacts to the environment by protecting farmland designated as “prime,” “farmland of statewide importance, “unique farmland” or “grazing land” by the California Department of Conservation (collectively “critical farmland”) from conversion to other uses (such as housing, commercial, or industrial uses). Tulare Municipal Code Section 10.222.050.A. states, “As mitigation for the conversion of critical farmland, the applicant shall arrange for the imposition of an agricultural conservation easement on no less than one acre of mitigation land for each acre of land proposed for conversion.”
While this requirement is well-intended and is necessary under the California Environmental Quality Act, it has caused a chilling effect on land being able to develop because it can be very difficult and costly for a developer to acquire such an easement. The most successful examples in the City have been those where a farmer who owns the land they are seeking development also owns land elsewhere that they can place the easement on. Alternatively, there are land trusts and individuals who offer to arrange for such easements, with varied levels of success.

The City’s Current Situation
The City currently owns approximately 580 acres of land around the south end of its wastewater treatment plant to serve as a buffer from future development. The City currently leases the land to a farmer(s) for continued field crop agricultural use and receives approximately $300,000 annually.

In the City, there are currently several development proposals that are not able to move forward due to this additional complexity and expense associated with the City’s farmland mitigation ordinance. Therefore, the City now desires to enter into an agreement with the Great Valley Land Trust to place an endowment and preservation easement(s) over the City’s 580 acres of land so that developers can have the option to purchase an easement from the City. The Great Valley Land Trust will handle the easement management in perpetuity.

Cost and Fees
The proposed upfront cost to the City to place an easement on the 580 acres is approximately $1,000,000. To recoup those funds, the City would charge new development a one-time endowment fee of $2,000 per acre. J. Hower & Associates recently appraised the value of the proposed easements, on behalf of the City, at a range of $1,000 to $5,000 per acre. Staff Tulare City Council Page 13 of 19
Agenda Memo - August 19, 2025
recommend the City charge an initial easement fee of $2,500 per acre with the intent to obtain an updated appraisal every five years. Staff also recommend the City charge an additional administrative fee of $2,000 per acre to cover staff costs and direct expenses, for a total fee of $6,500 per acre.

If approved, the City would generate approximately $3,770,000 in total fees over the 580 acres, less the City’s initial investment of $1,000,000, for total net proceeds of $2,770,000. Based upon the following table of current development projects, it appears the City’s initial investment could be recouped within three to five years (assuming all projects proceed and utilize the City’s program).

Approved Projects Acres
Mission Creek 40
FNC Farming 140
Current Applications Acres
Wallace Estates 60
Pistachio Village 31
Pioneer Estates 26
In Site Plan Review Acres
Westbrook Estates 137
Oakmore Ranch 235
TOTAL 669
Benefit to Ratepayers
Should Council elect to proceed, staff recommend the initial $1,000,000 come from the wastewater fund. Staff also recommend that upon receipt of a fee from developers that all of the $6,500 per acre fee be placed into the wastewater fund, of which $2,000 will be used to replenish the initial investment, and the balance used to acquire additional land in the future (approximately 500 remaining acres) around the wastewater plant so that the buffer can be completed, additional farmland added, and this program can be perpetuated.

If the City were to acquire the remaining 500 acres today, it would likely all come from the wastewater fund. However, by approving this new fee, in the future, only approximately half of that cost would have to be absorbed by the wastewater fund alone, the balance would come from this new fee, helping to reduce costs to ratepayers.

This is another example of the City using novel revenue generation strategies to save local taxpayers and wastewater ratepayers money, while solving an important problem contributing to the statewide housing shortage and also serving a public purpose.

Fiscal Impact & Funding Source(s): As discussed above, this fee will generate additional revenue to the wastewater fund, cover staff administration costs, and expedite new housing production, thus expanding the City’s tax base.

Environmental Review: Environmental findings for this action were made with the adoption of the related ordinance at the April 15, 2025 City Council meeting.

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

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Legal Review: This item has been reviewed by the City Attorney.

Public Notice: A notice of public hearing was published in The Visalia Times Delta on August 8, 2025, and August 15, 2025, which are at least ten (10) days prior to the public hearing as required by California Government Code 66018.

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: 8:00 p.m.]

11.1 West Tulare Study.

Recommended Action: Receive a presentation on the findings from the analysis conducted regarding potential commercial development in West Tulare and provide direction to staff thereto. [J. Gomez]
Summary: The City Council previously directed staff to conduct an analysis of the area near Bardsley and West Streets for potential commercial development. Subsequently, the City contracted with MIG in conjunction with EPS to conduct this service. The scope of work included the collection of key demographic and socioeconomic metrics in the market area, an analysis of spending potential under current conditions, and identifying factors that could improve development potential.

The consultant will provide a presentation of their findings noting that there is currently a lack of commercially zoned properties in this area which could hinder this type of development, and a higher demand is needed to make retail more viable. Therefore, when there is demand and it’s closer in time for development to occur, the consultant recommends annexing and rezoning roughly 10 acres and believes in time that this location could support a small commercial development.

If the Corporation Yard were to be relocated adjacent to or within proximity of this site, it would increase the possibility of attracting new commercial development. In addition, if the City were to bring needed infrastructure to the site, it would make it more attractive to a developer. Then, when the needed metrics have been met to attract retailers and a grocery store, the City will be in a position to quickly move forward with marketing and offer potential incentives.

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 part of the agenda.

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

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11.2 Downtown Tulare Assistance for Small Town Eateries (TASTE) Program.

Recommended Action: (1) Approve the Downtown Tulare Assistance for Small Town Eateries (TASTE) Program Guidelines and Application as presented; and (2) appoint the recommended committee members to oversee the review and evaluation of program applications. [J. Gomez] Summary: Many historic downtown buildings, including those in Tulare, remain vacant because they do not meet current building codes. Bringing them up to standard, particularly for restaurant use, requires costly upgrades such as seismic reinforcement, fire safety systems, accessibility improvements, and commercial kitchen equipment. These expenses often discourage investment, limiting dining options and slowing economic activity.

The restaurant and food service industry is vital to a thriving downtown, drawing visitors, creating jobs, and generating tax revenue. The money spent by customers circulates within the community, supporting local businesses, suppliers, and farmers. This creates a positive multiplier effect leading to economic growth. Additionally, local eateries often showcase dishes reflecting a community’s unique culinary traditions and diversity, preserving heritage while encouraging creativity and innovation in the culinary arts. The community not only enjoys delicious meals, but also actively contributes to the economic prosperity, social cohesion, and cultural richness of Tulare.

To encourage this type of investment, the City of Tulare has developed the Downtown Tulare Assistance for Small Town Eateries (TASTE) Program—a two-year initiative designed to support the renovation, expansion, and establishment of eating establishments within a defined downtown target area. This incentive program will help offset rehabilitation costs, support coderequired improvements, infill development, and encourage private investment in fixed assets.

This initiative also builds on the success of the City’s previous rehabilitation grant program, which brought multiple buildings up to code, attracted new businesses, and increased both foot traffic and revenue in downtown.

The TASTE Program would allocate up to $1 million in total funding, distributed as a combination of reimbursable grants (up to 20% of total funds) and forgivable loans (up to 80% of total funds). Funding will be awarded on a first-come, first-served basis until fully allocated.

Applications will be evaluated within three project categories: (1) New Construction – forgivable loan requests up to $250,000; (2) Existing Building/Space – Tenant Improvements – forgivable loan or grant requests; and (3) Existing Building/Space – No Tenant Improvements – grant requests up to $20,000.

Staff recommend that City Council approve the Downtown TASTE Program Guidelines/ Application and establish the Downtown TASTE Program Review Committee, consisting of the members listed below, to review and evaluate applications. • Jennifer Gomez, Executive Director of Economic Development & Redevelopment • Gladys Gonzalez, Senior Management Analyst (Economic Development & Redevelopment)
• Donnette Silva-Carter, CEO of the Chamber of Commerce • John Harman, Director of the Tulare Downtown Association • A councilmember of Council’s choosing
This framework will help launch a targeted economic development initiative that supports downtown revitalization, encourages private investment, and expands the City’s dining and cultural offerings.

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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 part of the agenda.

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

11.3 Bicycle Lanes Discussion.

Recommended Action: Discuss and provide direction regarding a request for staff presentation on bicycle lanes. [M. Mondell]
Summary: On May 21, 2024, it was the consensus of Council to bring an item for discussion, at the request of Councilmember Sigala, regarding a presentation by staff on the necessary steps to complete, stripe, and paint and perhaps add additional bicycle lanes in Council District

1. 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.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

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

11.4 Study Session Request for Inyo Corridor.

Recommended Action: Discuss and provide direction regarding a request for a study session on the Inyo Corridor. [M. Mondell]
Summary: On August 5, 2025, it was the consensus of Council to bring an item for discussion, at the request of Councilmember Sigala, regarding scheduling a study session on the Inyo Corridor project and economic development opportunities in West Tulare. 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.

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Agenda Memo - August 19, 2025
Legal Review: This item does not require legal review.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

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

11.5 Request for Joint Meeting with COS and TJUHSD Boards.

Recommended Action: Discuss and provide direction regarding a request for a joint meeting between the College of the Sequoias (COS) Board of Trustees, Tulare Joint Union High School District (TJUHSD) Board of Trustees, and the Tulare City Council. [M. Mondell] Summary: On June 3, 2025, it was the consensus of Council to bring an item for discussion, at the request of Councilmember Sigala, regarding scheduling a joint meeting between the COS Board of Trustees, TJUHSD Board of Trustees, and the Tulare City Council. 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.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

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

11.6 Request for AdHoc Committee on Public Transit Corridor.

Recommended Action: Discuss and provide direction regarding a request to form an adhoc committee to explore the possibility of establishing a public transit corridor between the cities of Corcoran and Tulare. [M. Mondell]
Summary: On August 5, 2025, it was the consensus of Council to bring an item for discussion, at the request of Councilmember Sigala, regarding the creation of a City Council adhoc committee to explore with the City of Corcoran the possibility of establishing a public transit corridor between the cities of Corcoran and Tulare. 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.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

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Agenda Memo - August 19, 2025
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

11.7 Consideration of Modifying the Start Time of Regular City Council Meetings.

Recommended Action: Discuss and consider modifying the start time of regular City Council meetings. [M. Mondell]
Summary: Currently, regular City Council meetings begin at 7:00 p.m., as established by the City’s municipal code (Section 1.16.010). Frequently, Council meetings have extended beyond 10:00 p.m., with some concluding closer to 11:00 p.m. or later. These extended meetings follow full workdays for both staff and councilmembers, contributing to fatigue and reducing productivity and engagement during the latter portions of the meetings.

Late-running meetings have become increasingly common, and the cumulative effect of long evenings after regular working hours is taking a toll on City staff and councilmembers alike.

Many agenda items, including complex and critical discussions, are being held late into the evening when attentiveness and decision-making abilities may be diminished.

To improve overall efficiency and wellness, the Council is being asked to consider adjusting the meeting start time to an earlier hour. Potential options include starting meetings at 5:00 p.m., 5:30 p.m., or another time deemed appropriate by the Council. The purpose of such a change would be to allow for the completion of meetings by or before 9:00 p.m. on a regular basis.

The following table provides a sample of cities in the Central Valley that have earlier start times for their regular Council meetings.

City Regular Meeting Days Typical Start Time
Stockton Tuesdays (at least 1x per month) 5:30 p.m.

Merced 1st & 3rd Mondays 6:00 p.m.

Selma 1st & 3rd Tuesdays 6:00 p.m.

Fowler 1st & 3rd Tuesdays 6:00 p.m.

Porterville 1st & 3rd Tuesdays 5:30 p.m.

Lindsay 2nd & 4th Tuesdays 6:00 p.m.

Farmersville 2nd & 4th Mondays 6:00 p.m.

Lemoore 1st & 3rd Tuesdays 5:30 p.m.

Bakersfield 2nd & 4th Wednesdays 3:30 p.m. and 5:30 p.m.

Delano 1st & 3rd Mondays 5:15 p.m.

If the Council reaches consensus on a new start time, staff will return with a proposed ordinance amending the applicable section of the municipal code to formally change the start time of regular meetings. Section 14 of the City’s Charter states that the “Council shall hold regular meetings at least once in each month at such times as they shall fix by ordinance…” 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.

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Agenda Memo - August 19, 2025
Legal Review: This item does not require legal review.

Public Notice: This item does not require a public hearing and was noticed as part of the agenda.

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

12. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 10:30 p.m.]

13. STAFF UPDATES [Time Estimate: 10:30 p.m.]

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 10:35 p.m.]

15. RECONVENE FROM CLOSED SESSION [Time Estimate: 11:00 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: 11:00 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, September 2, 2025, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

Staff Report
Meeting: City Council
Date: August 19, 2025
Department: City Clerk
Submitted by: Melissa Wilcox, Chief Deputy City Clerk
Agenda Title: Library Board Appointment

RECOMMENDED ACTION
Interview applicants and appoint a member to the Library Board for a term ending June 30, 2028.

SUMMARY
The Library Board was established pursuant to California Education Code § 18910 which states that a public library shall be managed by a board of library trustees, consisting of five members who serve three-year terms, to be appointed by the mayor with the consent of the Council. The Board advises staff and Council on all matters relating to library services. Meetings of the Board are held at 4:00 p.m. on the third Wednesday of each month at the Tulare Public Library.

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. Applications
Reviewed/Approved:

Item #: 2.1
Study Session

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, August 5, 2025
6:00 p.m. Special Meeting
7:00 p.m. Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

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 Brandon West; Community Development Director Mario Anaya; Executive Director of Economic Development & Redevelopment Jennifer Gomez; Deputy City Manager/Chief Technology Officer Jason Bowling; General Services Director Manny Correa

1. CALL TO ORDER
Mayor Isherwood called to order the special meeting of the Tulare City Council at 6:05 p.m. in the Council Chamber located at 491 North M Street.

2. STUDY SESSION

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.

Presented By: Community Services Director Orr; City Manager Mondell Public Comment: There were no public comments.

Council Action: Following City Manager Mondell’s presentation on the proposed Elk Bayou Regional Park redevelopment project, Council expressed an openness to the concept of recreational amenities while preserving the natural sanctuary. Following the gopher abatement presentation, it was the consensus of Council to approve a total budget of $45,000 (an additional $23,000) in Fiscal Year 2026 for gopher abatement in the parks.

3. ADJOURNMENT
Mayor Isherwood adjourned the special meeting at 7:15 p.m.

4. CALL TO ORDER
Mayor Isherwood called to order the regular meeting of the City Council at 7:26 p.m. in the Council Chamber located at 491 North M Street.

5. PLEDGE OF ALLEGIANCE AND INVOCATION
Jason Bender led the Pledge of Allegiance, and an invocation was given by Councilmember Sayre.

Item #: 9.2
Consent
City Council Meeting Minutes Tuesday, August 5, 2025
City of Tulare Page 2 of 6

6. PUBLIC COMMENT
Barbara Harrell, President of the Tulare Hospital and Community Health Foundation, shared information about the upcoming Proud to Wear Pink event.

Donnette Silva-Carter, CEO of the Tulare Chamber of Commerce, expressed support for the proposed Downtown Tulare restaurant incentive program.

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

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

9. CONSENT CALENDAR
Items 9.6 and 9.9 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 9.6 and 9.9.

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]

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.

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]

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 for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney. [T. Whitfield]
City Council Meeting Minutes Tuesday, August 5, 2025
City of Tulare Page 3 of 6

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]

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.

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]

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]

ITEM(S) PULLED FROM CONSENT CALENDAR

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]
Council Action: Councilmember Sigala pulled this item to inquire about a list of DBE firms being available. Staff provided a response thereto. It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to approve the item as presented.

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]
Council Action: Councilmember Sigala pulled this item to inquire about property swapping.

Staff provided a response thereto. It was moved by Councilmember Mederos, seconded by Vice Mayor Harrell, and unanimously carried to approve the item as presented.

10. PUBLIC HEARING

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.

Presented By: Chief Financial Officer Roberts
Public Comment: The public hearing was opened at 7:58 p.m. Adrian Herrera addressed Council expressing concern with ensuring the property owners are aware of the amounts being placed on the tax roll. Mr. Herrera’s concern was addressed by staff. Receiving no other public comments, the public hearing was closed at 8:00 p.m.

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

City Council Meeting Minutes Tuesday, August 5, 2025
City of Tulare Page 4 of 6

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.

Presented By: Community Development Director Anaya
Public Comment: The public hearing was opened at 8:04 p.m. Receiving no public comments, the public hearing was closed at 8:04 p.m.

Council Action: Councilmember Sigala inquired what is in place to protect potentially historic murals. Councilmember Mederos echoed that concern. Staff stated that there is a mural ordinance, and Council may elect to review and revise that ordinance at another time, if it chooses. It was moved by Councilmember Mederos, seconded by Councilmember Sayre, and unanimously carried to approve the item as presented.

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.

Presented By: Community Development Director Anaya
Public Comment: The public hearing was opened at 8:15 p.m. Chris Harrell (member of the advisory committee) and John Jones (applicant) addressed the Council in support of this designation. Receiving no other public comments, the public hearing was closed at 8:20 p.m.

Council Action: It was moved by Vice Mayor Harrell, seconded by Mayor Isherwood, and unanimously carried to pass to print 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.

11. GENERAL BUSINESS

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.

Presented By: City Manager Mondell; Councilmember Sigala Public Comment: There were no public comments.

Council Action: Councilmember Sigala advised the direction would be for staff to contact the local healthcare providers, including Kaweah Health, Adventist Health, Altura, and Family Healthcare Network, to provide an approximately 30-minute presentation regarding the impact they are facing with recent passage of the federal funding bill. Following discussion, it was the consensus of Council to direct staff to contact local healthcare providers to schedule a presentation to include the status of healthcare in Tulare as well as the impact of the federal funding bill.

11.2 Downtown Restaurant Incentive Program.

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

Presented By: City Manager Mondell
Public Comment: John Harman of the Tulare Downtown Association addressed the Council in support of the program, stating that possibly a hybrid approach may work (loans and grants).

Adrian Herrera, Downtown business owner, addressed the Council in support of the program, speaking to the success of his business that was the recipient of a Downtown grant.

Council Action: Councilmember Sigala requested to limit the amount to $200,000 for projects as well as transparency in the process of selecting projects. Staff was directed to bring back City Council Meeting Minutes Tuesday, August 5, 2025
City of Tulare Page 5 of 6
options for both grants and loans including an outline of what would be involved in a loan program. There was a consensus of Council to ensure the program was accessible for both big and small projects.

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.

Presented By: City Manager Mondell; City Attorney Zamora Public Comment: There were no public comments.

Council Action: Councilmember Sigala expressed concern with the increase in costs over the years and each party paying their fair share. Mr. Sigala also inquired when the funds would be available and how funds would be disbursed expressing concern with the parties earning interest on the funds prior to invoices being paid. Staff provided responses thereto. Following discussion, it was moved by Councilmember Mederos and seconded by Mayor Isherwood. The motion was passed 4 to 1 to approve the item as presented as follows:

Ayes: Dennis A. Mederos, Patrick Isherwood, Terry A. Sayre, Steve Harrell Noes: Jose Sigala

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.

Presented By: Community Services Director Orr
Public Comment: There were no public comments
Council Action: It was moved by Vice Mayor Harrell, seconded by Councilmember Sayre, and unanimously carried to approve the item as presented.

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
Council Action: It was moved by Councilmember Sigala, seconded by Councilmember Sayre, and unanimously carried to approve this item be added to a future agenda.

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
Council Action: It was moved by Councilmember Sigala, seconded by Councilmember Sayre, and carried 4 to 1 (Mayor Isherwood voted no) to approve this item be added to a future agenda.

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
Council Action: It was moved by Councilmember Sigala and seconded by Vice Mayor Harrell to approve this item be added to a future agenda. The motion failed 2 to 3 (Councilmember Sayre, Councilmember Mederos, and Mayor Isherwood voted no).

13. STAFF UPDATES
Staff provided updates on department activities.

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

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

14.1 Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Govt. Code § 54956.9(d)(4): 1 case Council recessed to closed session at 10:10 p.m.

15. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 10:52 p.m.

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

17. ADJOURNMENT
Seeing no further business to discuss, Mayor Isherwood adjourned the regular meeting at 10:52 p.m. in honor of recent Police Department retirees Matt Machado and Tammy Thomas.

These meeting minutes were approved by the Council on August 19, 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 19, 2025
Department: Community Development - Planning
Submitted by: Mario Anaya, Community Development Director Agenda Title: Second Reading and Adoption of Ordinance 2025-10

RECOMMENDED ACTION
Adopt Ordinance 2025-10 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 proposed ordinance was introduced and passed-to-print on August 5, 2025.

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
Item #: 9.3
Consent
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. Ordinance 2025-10
Reviewed/Approved:

ORDINANCE 2025-10

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.

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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.

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.

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“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 2025-10

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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.

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“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.

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 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 ORDINANCE 2025-10

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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 2025-10

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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:

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 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.

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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.

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 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:

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 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 cultural landmark, supplemented by sketches, drawings, or other descriptive materials.

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

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.

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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 10.38.040.

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.

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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 historic cultural landmarks.

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

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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 10.38.080, 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.

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.

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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 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 2025-10

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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 10.38.060,

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.

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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:

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 cultural 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 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.

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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.

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 non-substantial 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 ORDINANCE 2025-10

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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.

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.

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.

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 2025-10

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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.

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 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.

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.

10.38.190 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.

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In the case of publicly owned properties that are not subject to the permit review procedures of the City, including this chapter, but are more than 50 years of age or are located within any historic district, the agency owning the said property is encouraged to seek the advice of the Commission prior to approval or authorization of any construction, alteration, or demolition thereon, including the use and placement of street furniture, signs, lighting, and landscaping; and, the Commission shall render a report to the owner as expeditiously as possible, based on the purposes and standards in this chapter. If the Commission review of a public project involving construction, alteration, or demolition of any building, structure, object, or site is required under any other law, the Commission may render the report referred to in this section to such public agencies without specific request therefor.

10.38.200 Fire and building codes
Issuance of a permit in conformance with this chapter shall not alter conformance requirements with the other standards and requirements of this chapter. The Director and the Fire Marshal shall liberally construe and apply all pertinent codes, including the State Historical Building Code and the California Building Code so as to effectuate the purposes of this chapter.

10.38.210 Minimum maintenance
All designated historic cultural landmarks, including contributors to any historic district, shall be preserved against decay and deterioration, kept in a state of good repair, and free from structural defects. The purpose of this section is to prevent an owner or other person having legal custody and control over a property from facilitating the demolition of a historic cultural landmark by neglecting it and by permitting damage to it by weather and vandalism.

Consistent with all other State and City codes requiring that buildings and structures be kept in good repair, the owner or other person having legal custody and control of a property shall repair such building or structure if it is found to have any of the following defects:

1. Building elements so attached that they may fall and injure members of the public or property.

2. Deteriorated or inadequate foundation.

3. Defective or deteriorated flooring.

4. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

5. Members of ceilings, roofs, ceiling or roof supports, or other horizontal members that sag, split, or buckle due to defective materials or deterioration.

6. Fireplaces or chimneys that list, bulge, or settle due to defective material or deterioration.

7. Deteriorated, crumbling, or loose exterior plaster.

8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.

9. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

10. Any fault, defect, or deterioration in the building that renders it structurally unsafe or not properly watertight.

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10.38.220 Status of properties previously designated
All historic properties previously designated under this chapter shall remain unless otherwise removed as a historic property.

All existing “H” overlay properties shall be considered historic cultural landmarks.

10.38.230 Civil and criminal penalties
It shall be unlawful for any person to permit or maintain violations of any of the provisions of this chapter by undertaking the alteration, grading, removal, demolition, or partial demolition of a historic cultural landmark or a building, structure, object, or site within a historic district without first obtaining the written approval of the Secretary, Commission or Council as provided in this chapter, or to defy any order or decision rendered by the Commission or Council. Any violations of this chapter may be enforced as provided in this code, except in the case of administrative citations issued pursuant to Chapter 1.61 of the Municipal Code. As part of any enforcement proceeding, violators may be required to reasonably restore the building, structure, object, or site to its appearance or condition prior to the violation under the guidance of the Community Development Department.

10.38.240 Severability
If any section, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The Council hereby declares that it would have passed this chapter and adopted this chapter and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 2. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 19th 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 19, 2025
Department: Community Development - Planning
Submitted by: Mario Anaya, Community Development Director Agenda Title: Second Reading and Adoption of Ordinance 2025-11

RECOMMENDED ACTION
Adopt Ordinance 2025-11 approving Zone Amendment 763, designating the Tulare First United Methodist Church property as a City of Tulare Historic-Cultural Landmark, and adding it to the Local Register of Historic-Cultural Landmarks pursuant to Tulare Municipal Code Chapter 10.38, as described herein.

SUMMARY
This is a request by John Jones to designate the Tulare First United Methodist Church as a City of Tulare Historic-Cultural Landmark and add it to the Local Register of Historic-Cultural Landmarks. The project site is located at 228 West Kern Avenue (175-173-011). The subject property is zoned R-1-4 (SingleFamily Residential), and the General Plan Designation is Low Density Residential.

Once a building, structure, object, site, or district is designated as a Historic-Cultural Landmark it will enable the Historic-Cultural Landmarks Advisory Committee, the Planning Commission, and the City Council, to work with property owners and the community to protect and review changes to these local landmarks and districts which have a distinctive character or a special historic, architectural, aesthetic or cultural value to this City, State, and nation. This would assist in implementing the Tulare General Plan’s goals and vision with respect to the following:
• To continue to safeguard the heritage of this city by preserving and regulating its historic buildings, structures, objects, sites, and districts which reflect elements of the City’s historic, cultural, social, economic, political and architectural history
• To continue to preserve and enhance the environmental quality and safety of these landmarks and districts.
• To continue to establish, stabilize and improve property values and to foster economic development.

The proposed ordinance was introduced and passed-to-print on August 5, 2025.

FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.

Item #: 9.4
Consent

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, although Councilmember Harrell is a member of the church.

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. Adopt with changes

2. Deny

3. Table
If Zone Amendment 763 is not approved, the Tulare First United Methodist Church would not be designated as a local Tulare Historical-Cultural Landmark.

ATTACHMENTS

1. Ordinance 2025-11
Reviewed/Approved:

ORDINANCE 2025-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION 10.06.04 OF SAID CODE ZONE AMENDMENT NO. 763
WHEREAS, The Tulare City Council finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.02.02 of the Tulare City Code; and WHEREAS, the Tulare City Council finds that this zone amendment is in conformance with the adopted General Plan for the City of Tulare; and WHEREAS, the Tulare City Council finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the proposed zone amendment is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Section 15183.

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

SECTION 1. The Zoning Map of the City of Tulare as referred to in Section 10.06.04 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.06.04', thereof, the subject property portion of said map, being attached hereto, is hereby amended as follows:

Amend the zoning map designation for said property from the R-1-4 (Single-family Residential, 4,000 sq. ft. minimum lot area) zoning designation to the R-1-4(H) (Single-family Residential, 4,000 sq.ft. minimum lot area, Historic-Cultural Landmark Overlay) zoning designation (APN 175- 173-011) located on the northeast corner of Kern Avenue and ‘G’ Street, as set forth more specifically on said map.

SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.

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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 19th 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 19, 2025
Department: Community Services
Submitted by: Chris Orr, Community Services Director
Agenda Title: Second Reading and Adoption of Ordinance 2025-12

RECOMMENDED ACTION
Adopt Ordinance 2025-12 repealing and replacing Sections 8.52.010, 8.52.030, 8.52.060, and 8.52.070 of Chapter 8.52 (Preservation of Heritage Trees) of the Tulare Municipal Code.

SUMMARY
The current municipal code for heritage tree management, specifically Sections 8.52.020, 8.52.030,

8.52.060, 8.52.070, and 8.52.090, presents several discrepancies and gaps, leading to inconsistencies in enforcement and a lack of clear guidance for tree preservation.

Key Issues:

Arborist Report Requirement
Missing/Outdated Pruning Standards.

Inadequate Pruning Regulations
PROPOSED ORDINANCE REVISIONS :
§ 8.52.010 Definitions. For the purposes of this chapter, certain words and terms used herein are defined as follows.

Heritage Tree. Any Valley Oak Tree (Quercus lobata), with a trunk diameter of two inches or greater at a point four and one-half feet above the root crown (also referred to as two inches D.B.H.), or any living tree designated by resolution of the Council as a historic tree because of an association of some event or person of historical significance to the community or because of special recognition due to the size, condition, or aesthetic qualities. Council designation of any tree other than a Valley Oak Tree will require the consent of the persons owning the property as of the date of the designation, and shall be based upon standards, including, but not limited to the following:
(A) Any tree which is indigenous to the area or which has adapted exceptionally well to the climatic conditions of the Tulare area, or is one of a kind;
(B) Any stand of trees where the native species are dependent upon each other for survival; Item #: 9.5
Consent
(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.