ORDINANCE NO. 1928
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE ADDING ARTICLE 614 OF CHAPTER 21 (“DEVELOPMENT ORDINANCE”), SERIES 600 CONCERNING BY-RIGHT APPROVALS
AS REQUIRED BY STATE LAW
WHEREAS, provisions of the California Government Code require that certain uses be approved as a “use by right” as defined in Government Code Section 65583.2(i); and WHEREAS, the City of Porterville (“City”) is committed to maintaining a zoning and subdivision code that is consistent with current State law, and the City of Porterville General Plan; and WHEREAS, the City Council conducted a duly and properly noticed public hearing on January 20, 2026, to consider the proposed amendments to the Development Ordinance and considered all evidence, including but not limited to public testimony and the evaluations and recommendations of staff; and finds and determines that the proposed amendments to the Development Ordinance are adopted pursuant to the City’s police power authority to protect the public health, safety, and welfare; and
WHEREAS, the proposed amendments to the Development Ordinance have been analyzed pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines Sections 15162 and 15164, to evaluate whether the project’s environmental impacts are covered by and within the scope of the City of Porterville General Plan EIR (certified February 2008, State Clearinghouse #2006011033). The City prepared an Addendum detailing any changes in circumstances under which the project is undertaken, and/or "new information of substantial importance" that may cause one or more effects to environmental resources, and determined that the proposed project is within the scope of the General Plan EIR, does not require subsequent action under CEQA Guidelines Section 15162 and, in conjunction with the EIR, adequately analyzes potential environmental impacts; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.
SECTION 2. ARTICLE 614 OF CHAPTER 21, SERIES 600, ADDED. Article 614 (entitled “By-Right Approval”) of Series 600, Chapter 21, is hereby added as follows:
ARTICLE 614 BY-RIGHT APPROVAL:
SECTIONS:
614.01 Purpose.
614.02 Definitions.
614.03 Eligibility for By-right Approval.
Ordinance No. 1928
614.04 Permit Requirements.
614.05 Review of Application.
614.06 Required Findings.
614.07 Interpretation.
614.01. Purpose.
This Article specifies the process for reviewing uses entitled to review as a “use by right” as defined in Government Code Section 65583.2. In enacting this Article, it is the intent of the City to implement State law as well as the goals, objectives, and policies of the City’s Housing Element of the General Plan.
614.02. Definitions
A. “By-right" shall mean that the local government's review of the project may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” under the California Environmental Quality Act as defined in Public Resources Code Section 21065 or CEQA Guidelines Section 15378.
B. “Permanent supportive housing” means housing as defined in Government Code Section 65650(a) serving the target population as defined in Government Code Section 65650(c) that meets all of the requirements of Government Code Sections 65650 et seq. or successor provision.
C. “Low barrier navigation center” means a facility as defined in Government Code Section 65660(a) that meets all of the requirements of Government Code Sections 65660 et seq. 614.03. Eligibility for By-right Approval.
The following uses are eligible for by-right approval:
A. Projects that satisfy the criteria outlined in subparagraphs (1) and (2) below:
1. Are located on sites listed as lower-income sites in the adopted housing element site inventory pursuant to Government Code Section 65583.2 subdivision (c) that are shown to have been either:
a. vacant and listed in two prior housing element site inventories, or b. non-vacant and listed in a previous housing element site inventory; and,
2. Twenty percent of the total number of housing units in the project are proposed to be available to lower-income households at affordable rent or affordable housing cost, as applicable.
B. Permanent supportive housing as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.
C. Low barrier navigation centers as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.
D. One hundred percent affordable projects located on land that was owned by an independent institution of higher education or religious institution as described in Government Code Section 65913.16.
E. Other projects eligible under State law for by-right approval. 614.04. Permit Requirements.
An applicant for a project eligible for by-right zoning approval shall submit a ministerial plan Ordinance No. 1928
permit for approval of the design. No discretionary permit or approval is required. 614.05. Review of Application.
A. For ministerial plan permit applications listed in this section, Zoning Administrator, or designee, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. The decision may be appealed to City Council only by the applicant or the owner of the subject property.
B. The application for the ministerial plan permit shall be reviewed for conformance with objective standards established by the General Plan, applicable Specific Plans, Development Ordinance, design standards, and other adopted standards.
C. As provided by Government Code Section 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.
D. Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.
E. Low barrier navigation centers shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.
614.06. Required Findings
A. In granting a ministerial plan permit, the Zoning Administrator, or designee, shall issue a letter of approval and shall make the following findings:
1. That the project is eligible for by-right approval under State law.
2. That the project complies with all applicable objective zoning and other adopted standards, including but not limited to design review standards.
3. That the project is granted subject to such applicable conditions as required to meet the standards of the use and zone in which it is located and to comply with applicable design standards.
614.07. Interpretation.
If any portion of this Article conflicts with any applicable State law, State law shall supersede this Article. Any ambiguities in this Article shall be interpreted to be consistent with State law. Statutory references in this Article include successor provisions.
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section,subsection,sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
SECTION 4. POTENTIAL CONFLICTS. All ordinances, parts of ordinances, City resolutions or policies, and the like, in conflict with those sections amended or added herein to the Porterville Municipal Code, are hereby expressly superseded by this ordinance.
SECTION 5. EFFECTIVE DATE. The foregoing ordinance shall take effect 30 days from the date of Ordinance No. 1928
the passage and adoption. Priorto the expiration of 15 daysfrom the enactment hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1) and a summary shall be published once in the Porterville Recorder, a newspaper printed and published in the City of Porterville, State of California, together with the names of the Council members voting for and against the same.
SECTION 6. CONSTRUCTION. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable State and federal law and this ordinance shall be construed in light of that intent.
SECTION 7. CEQA REVIEW. The City Council hereby finds that the environmental impacts of the proposed Development Ordinance amendments are covered by and within the scope of the City of Porterville General Plan EIR (certified February 2008, State Clearinghouse # 2006011033) and that there have been no changes in circumstances under which the project is undertaken, and/or no “new information of substantial importance” that may cause one or more effects to environmental resources, and the City Council finds that the proposed Development Ordinance Amendments are within the scope of the General Plan EIR, do not require subsequent action under CEQA Guidelines Section 15162 and the General Plan EIR adequately analyzes potential environmental impacts.
SECTION 8. CERTIFICATION. The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law.
PASSED, APPROVED AND ADOPTED this 3rd day of February, 2026.
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By:
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 29.
CITY COUNCIL AGENDA – FEBRUARY 3, 2026
SUBJECT: Second Reading - Ordinance No. 1929 - Amending Chapter 17, Article XV, Section 17-15, Prima Facie Speed Limits Determined on Certain Streets, of the Porterville Municipal Code
SOURCE: City Attorney
COMMENT: Ordinance No. 1929, an ordinance of the City Council of the City of Porterville amending Chapter 17, Article XV, Section 17-15 to update prima facie speed limits on portions of Plano Street, reducing the posted speed limit from 45 mph to 40 mph between State Route 190 and Worth Avenue based on recent traffic and engineering surveys, was given first reading on January 20, 2026, and has been printed.
RECOMMENDATION: That the City Council give Second Reading to Ordinance No. 1929, waive further reading, and adopt said Ordinance.
ATTACHMENTS: 1. Ordinance No. 1929
Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Administrative Services Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk ORDINANCE NO. 1929
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORTERVILLE AMENDING CHAPTER 17, ARTICLE XV, SECTION 17- 15, PRIMA FACIE SPEED LIMITS DETERMINED ON CERTAIN
STREETS, OF THE PORTERVILLE MUNICIPAL CODE
WHEREAS: State Assembly Bill No. 34 was filed with the Secretary of State October 8, 2021; and
WHEREAS: Section 22358.7 of the Vehicle Code allows the local authority, after completing an engineering and traffic survey, to determine and declare a prima facie speed limit that is reduced up to an additional five miles per hour if the speed from the survey is more than is reasonable or safe an adjacent to land or facilities that may generate high concentrations of bicyclists or pedestrians: and
WHEREAS: Section 22358.8 of the Vehicle Code allows the local authority, after completing an engineering and traffic survey, to restore the immediately prior speed limit if that speed limit was established with an engineering and traffic survey and a registered engineer has evaluated the section of highway and determined that no additional general-purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit: and
WHEREAS: The Porterville Police Department completed a city-wide speed survey at the end of 2020 on major corridors (arterial and collectors) within the City of Porterville and those streets within Tulare County where agreements dictate Porterville’s authority to post speed limits; and
WHEREAS: Engineering staff has evaluated the speed surveys provided by the Police Department, calculated the 85th percentile speeds, and has prepared Engineering and Traffic Surveys as required by the California Vehicle Code to determine necessary amendments to prima facie speeds in the Porterville Municipal Code; and
WHEREAS: The City Engineer has evaluated the sections of Plano Street beginning at State Route 190 and ending at Worth Avenue and found that the area includes multiple schools with children in attendance varying in age and physical needs that would potentially generate a large concentration of bicyclists and pedestrians necessitating a reduction in posted speed limits in the area.
NOW, THEREFORE, BE IT ORDAINED: That the City Council of Porterville does ordain as follows:
Section 17-15, Prima Facie Speed Limits Determined on Certain Streets, of the Code of the City of Porterville is hereby amended to incorporate the following changes:
Ordinance No. 1929
Street Survey Area
Posted
Speed
(MPH)
85th Percentile
(MPH)
New Posted
Speed Limited
(MPH)
Plano St SR 190 to College Ave 45 43 40
Plano St College Ave to Worth Ave 45 48 40
This ordinance and code amendment shall be in full force and effect thirty (30) days from and after its publication and passage.
PASSED, ADOPTED and APPROVED this 3rd day of February, 2026.
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
By:
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Item No. 30.
CITY COUNCIL AGENDA – FEBRUARY 3, 2026
SUBJECT: Consideration of Revised City Council Order of Business SOURCE: City Manager's Office
COMMENT: On November 18, 2025, the City Council adopted Resolution No. 105-2025, updating the City Council Order of Business for regular meetings. The adopted changes reorganized the agenda to improve meeting flow, including relocating Council Comments to an earlier position and consolidating informational and commission reports.
Following implementation, the Vice Mayor requested that the City Council consider an additional revision to include a second Council Comments section following Oral Communications. In response, staff prepared a draft resolution incorporating that change and presented it for consideration on January 20, 2026. After discussion, the City Council did not adopt the proposed resolution.
Subsequently, Councilman Rivas requested that the item be reintroduced for further Council consideration. The attached draft resolution is identical to the version presented on January 20, 2026. If adopted, it will rescind Resolution No. 105-2025 and establish a revised Order of Business that includes a second Council Comments section and maintains the organizational restructuring previously approved.
RECOMMENDATION: That the City Council:
1. Rescind Resolution No. 105-2025; and
2. Approve the attached draft Resolution revising the City Council Order of Business.
ATTACHMENTS: 1. Reso 105-2025_11_18_25
2. Draft Resolution
Appropriated/Funded:
Review By:
Item No. 30.
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk
RESOLUTION NO. ______ - 2026
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PORTERVILLE RESCINDING RESOLUTION 08-2023 AND
ESTABLISHING NEW ORDER OF BUSINESS TO BE FOLLOWED AT
REGULAR MEETINGS OF THE CITY COUNCIL
Be It Resolved by the City Council of the City of Porterville that Resolution No. 105-2025 is herein rescinded.
Be It Further Resolved that the following is the order of business to be followed in conducting the regular meetings of the City Council.
MEETING CALLED TO ORDER
ROLL CALL
ORAL COMMUNICATIONS (closed session items only)
CLOSED SESSION(S)
RECONVENE OPEN SESSION
REPORT ON ACTION TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE
INVOCATION
COUNCIL COMMENTS
PRESENTATIONS
STAFF INFORMATIONAL REPORTS
COMMITTEE AND COMMISSION REPORTS
ORAL COMMUNICATIONS (on any matter of interest)
COUNCIL COMMENTS
CONSENT CALENDAR – to include:
Approval of Minutes
Claims Against the City
Payments on Public Works Projects
Authorization to Purchase
Authorization to Call for Bids
Award of Bids
Acceptance of Projects
Acceptance of Final Tract Maps
Annexations
Requests for City Services
Reports
Other Routine Matters
PUBLIC HEARINGS
SECOND READINGS OF ORDINANCES
SCHEDULED MATTERS
Resolution No. _____-2026
AB1234 REPORTS
ORAL COMMUNICATIONS (on any matter of interest)
COUNCIL COMMENTS
ADJOURNMENT
PASSED, ADOPTED AND APPROVED this 3rd day of February, 2026. _______________________________
Greg Meister, Mayor
ATTEST:
Richard Tree, City Clerk
_____________________________________________
By: Fernando Gabriel-Moraga, Chief Deputy City Clerk
Item No. 31.
CITY COUNCIL AGENDA – FEBRUARY 3, 2026
SUBJECT: Approval of Proposed Budget Calendar for Fiscal Year 2026–2027 SOURCE: City Manager's Office
COMMENT: Section 51 of the City Charter requires the submission, not later than thirty (30) days before the end of the fiscal year, of an estimate of the expenditures and revenues of the City’s departments for the ensuing fiscal year. In order to comply with this Charter requirement and ensure an orderly budget development process, staff has prepared the proposed Budget Calendar for Fiscal Year 2026–2027.
For City Council’s consideration, attached is the proposed budget development schedule outlining major milestones, tasks, and planned Council actions associated with the preparation and submission of the City’s Annual Budget for Fiscal Year 2026–2027. The schedule is provided for City Council review and comment. Should the City Council desire to schedule any study sessions related to specific budget components or policy areas, direction may be provided to staff at this meeting.
In conjunction with the preparation of the Annual Budget, staff also proposes that the City Council schedule a Priority Projects Study Session. This session would allow the City Council to provide strategic direction on major policy initiatives, capital priorities, and long-term organizational objectives that should be reflected in the forthcoming budget. The Priority Projects Study Session may be scheduled as a special meeting in early April or may be held as part of a regularly scheduled City Council meeting.
RECOMMENDATION: That the City Council:
1. Approve the proposed Budget Calendar for Fiscal Year 2026– 2027; and
2. Schedule a Priority Projects Study Session, either as a special meeting, or as part of a regularly scheduled City Council meeting.
ATTACHMENTS: 1. Draft Budget Calendar FY 2026-2027
Item No. 31.
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, City Manager
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Date Task Responsibility
February 20 Budget Requests to City Manager Directors
March 18-19 Internal review of 10-Year Capital Projects CM/Directors TBD City Council study session (priority projects) Council April 17 Preliminary revenue estimates completed Finance April 17 Completed budget worksheets CM/Finance
April 29-30 Department internal budget planning sessions CM/Directors May 20 Preliminary budget completed CM/Finance
May 25 Preliminary budget approved by City Manager CM
May 28 TUTOC review of Measure H & Measure I proposed budget CM June 2 Preliminary budget presented to Council Council
June 16 Final budget public hearing and approval by Council Council
CITY OF PORTERVILLE
DRAFT BUDGET CALENDAR
FY 2026-2027
Item No. 32.
CITY COUNCIL AGENDA – FEBRUARY 3, 2026
SUBJECT: Approval of Amended and Restated Joint Powers Authority Agreement Establishing the Tule East Groundwater Sustainability Agency (TEGSA) SOURCE: Public Works
COMMENT: The Sustainable Groundwater Management Act (SGMA) requires that medium- and highpriority groundwater basins be managed by one or more Groundwater Sustainability Agencies (GSAs). The City of Porterville lies within the Tule Subbasin, which has been designated as critically overdrafted and placed on probationary status by the State Water Resources Control Board due to deficiencies in the prior Groundwater Sustainability Plan (GSP). Local agencies within the subbasin must therefore establish a compliant governance structure capable of preparing, implementing, and enforcing a revised GSP.
The City of Porterville is currently a member of the Eastern Tule Groundwater Sustainability Agency (ETGSA). However, ETGSA is in the process of being dissolved following withdrawals by multiple member agencies, resulting in the need for the City to identify an alternative, compliant SGMA governance structure. In addition, in 2025, the City joined the Porterville Irrigation District (PID) Groundwater Sustainability Agency as a potential compliance pathway, but subsequently withdrew after determining that continued participation was not in the best interest of the City.
In response to the impending dissolution of ETGSA, the Ducor Water District, Hope Water District, and Tulare County initiated the formation of the Tule East Groundwater Sustainability Agency (TEGSA) to maintain local control within the Tule Subbasin and advance preparation of a compliant GSP. To facilitate this effort, an Amended and Restated Joint Powers Authority Agreement (JPA Agreement) has been prepared, along with draft Bylaws to govern the future operations of the agency.
As part of evaluating SGMA compliance pathways, staff also analyzed the feasibility of establishing a stand-alone GSA solely for the City of Porterville. While legally permissible, such an approach would require the City to independently develop and administer a GSP, retain specialized hydrogeologic and legal consultants, employ dedicated staff to oversee SGMA compliance, and negotiate basin coordination agreements with adjacent GSAs.
Based on this analysis, formation of an independent GSA would be substantially more complex, costly, and administratively burdensome than participation in a multi-agency GSA, assuming acceptable governance and fiscal protections are in place.
The City Attorney has reviewed the proposed Amended and Restated Joint Powers Authority Agreement and draft Bylaws and coordinated directly with County Counsel regarding the City’s requested revisions. The updated documents incorporate clarifications related to Management Area definitions, voting thresholds for assessments Item No. 32.
and related financial decisions, and procedural safeguards intended to provide greater transparency and proportionality for municipal members. These revisions establish a clear governance framework while preserving the flexibility required under SGMA.
It is important to note that while the JPA Agreement is approved by the participating agencies, the Bylaws are adopted by the GSA itself following formation. Accordingly, the City Council’s action at this time is to approve the JPA Agreement and acknowledge the draft Bylaws as the proposed governing document that will operate within the framework established by the JPA.
Consistent with SGMA, specific groundwater fees, pumping allocations, recharge credits, and mitigation measures are not established through the JPA Agreement or Bylaws. These matters will be developed through the Groundwater Sustainability Plan process and associated implementation actions, each of which will require additional technical analysis, inter-agency coordination, and public process. Approval of the JPA Agreement does not, by itself, impose groundwater assessments, pumping limitations, or financial obligations on the City.
TEGSA is seeking to form in the near term in order to initiate GSP development activities and coordinate basin-wide compliance efforts. Staff finds that approving the JPA Agreement at this time allows the City to maintain SGMA compliance, preserve local representation within the Tule Subbasin, and participate meaningfully in the development of long-term groundwater sustainability solutions, while retaining City Council oversight of future policy and fiscal decisions.
RECOMMENDATION: That the City Council:
1. Approve the Amended and Restated Joint Powers Authority Agreement establishing the Tule East Groundwater Sustainability Agency (TEGSA); and
2. Acknowledged the draft TEGSA Bylaws as the proposed governing document to be adopted by the GSA following its formation; and
3. Appoint one member of the City Council to serve as the City's Member Representative on the Tule East Groundwater Sustainability Agency Board; and
3. Appoint the Public Works Director to serve as the City's Alternate Member Representative on the Tule East Groundwater Sustainability Agency Board.
ATTACHMENTS: 1. Tule East GSAs Map 123035
2. Draft Amended and Restated Joint Powers Authority
Agreement
3. Draft TEGSA Bylaws (with City Attorney redlines)
Appropriated/Funded:
Review By:
Department Director:
Robert Alvarez, Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Item No. 32.
Saucelito
Irrigation
District GSA
Terra Bella
Irrigation
District GSA
Porterville
Irrigation
District GSA
Tule East GSA
DeerCreek
Friant-Kern Canal
Porter Slough
North Fork TuleRiver
Tule River
White River
White River
·|þ}65
·|þ}190
Lake Success
Tulare County
Kern County
Woodville
Porterville
Richgrove
Ducor
Terra Bella
East
Porterville
Poplar
0 1.75 3.5
Miles
Tule East GSA
New GSAs
Legend
Tule Subbasin
Boundary
County Boundary
Lake Success
Friant-Kern Canal
Waterways
Major Roads
Roads
Groundwater Sustainability
Agencies
Tule East GSA
PID GSA
SID GSA
TBID GSA
3843853v1 / 25731.0001
AMENDED AND RESTATED
TULE EAST GROUNDWATER SUSTAINABILITY AGENCY
JOINT POWERS AUTHORITY AGREEMENT
THIS AMENDED AND RESTATED TULE EAST GROUNDWATER
SUSTAINABILITY AGENCY JOINT POWERS AUTHORITY AGREEMENT (this “Amended and Restated Agreement”) is made and entered into on this ___ day of _____________, 2026 (the “Effective Date”) by and among the Hope Water District , a California Water District (“Hope”); Ducor Water District, a California Water District (“Ducor”); the County of Tulare, a political subdivision of the State of California (“Tulare County”); and the City of Porterville (“City”).
RECITALS
A. In September 2014 the Governor of the State of California signed legislation creating the Sustainable Groundwater Management Act (or “SGMA,” as that term is defined in section 1.10, below) “to provide local groundwater agencies with the authority and technical and financial assistance necessary to sustainably manage groundwater.” (Wat. Code, § 10720, subd. (d)).
B. SGMA provides that each affected groundwater basin may be regulated separately by one or more groundwater sustainability agencies (a “GSA” or “GSAs”). Any local agency or combination of local agencies overlying a groundwater basin may decide to become a GSA for that basin within its boundaries. (Wat. Code §10723, subd. (a).) A combination of local agencies may form a GA through a joint powers agreement (Wat. Code, §10723.6).
C. Groundwater sustainability under SGMA is to be achieved through groundwater sustainability plans (or “GSPs,” as the term “GSP” is defined in section 1.7 below), which can be a single plan developed by one or more GSAs, or multiple coordinated plans within a basin or subbasin (Wat. Code, §10727).
D. The Members overlie portions of the Tule Subbasin number 5-22.13 of the San Joaquin Valley Groundwater Basin identified in the California Department of Water Resources (“DWR”) Bulletin 118 (the “Tule Subbasin”), as the subbasin boundaries may be modified from time to time as provided by law; and
E. DWR has designated the entire Tule Subbasin as critically overdrafted. Under SGMA, GSAs in critically overdrafted subbasins were required to assume their regulatory roles by June 30, 2017, and to submit one or more GSPs covering the basin to DWR by January 31, 2020.
F. The Members are all public agencies authorized to contract with the State or Federal governments and agencies, and to exercise powers related to groundwater management, land use, or both, within their jurisdictional boundaries. Each Member would qualify individually to serve as a GSA under SGMA.
G. Tulare County previously entered into that certain Agreement to Form a Joint Powers Authority – Eastern Tule Groundwater Sustainability Agency (“ETGSA JPA”) with certain other public agencies in the Tule Subbasin dated December 6, 2016, describing the parties’ agreement to form a separate joint powers authority to serve as a GSA for a portion of 2 the Tule Subbasin, and outlining the respective parties’ responsibilities as to SGMA implementation as part of ETGSA JPA.
H. In January 2020, the ETGSA JPA and the five other GSAs in the Tule Subbasin timely submitted six separate GSPs covering the Tule Subbasin.
I. On or about September 17, 2024, the State Water Resources Control Board (“Water Board”) designated the Tule Subbasin as a “probationary basin” under SGMA triggered by DWR’s 2023 determination that the GSPs for the Tule Subbasin were “inadequate.”
J. Several of the member agencies of the ETGSA JPA have since left the ETGSA JPA to form separate GSAs, which will cause the dissolution and termination of the ETGSA JPA.
K. On July 22, 2025, Ducor, Hope, and Tulare County entered into that certain Tule East Groundwater Sustainability Agency Joint Powers Agreement (the “Formation Agreement”) to form the Tule East Groundwater Sustainability Agency Joint Powers Authority (the “Authority”) pursuant to the Act (as defined in Section 1.1 below) for the purpose of acting as a separate and independent public agency that will elect to serve as a single GSA for the Authority’s jurisdictional area.
L. On October 30, 2025, the Authority took action to elect to become a GSA and subsequently filed the appropriate documentation with DWR, which started a 90-day public notice period that ends February 23, 2026.
M. The Members intend to amend and restate the Formation Agreement to make certain clarifying amendments, increase the number of Director seats, and to add the City as a Member.
NOW, THEREFORE, in consideration of the true and correct facts recited above, which are hereby incorporated herein, and of the covenants, terms and conditions set forth herein, the Members agree as follows:
ARTICLE 1
DEFINITIONS
1.1 “ACT” means the Joint Exercise of Powers Act codified at Government Code sections 6500, et seq.
1.2 “Amended and Restated Agreement” means this Amended and Restated Tule East Groundwater Sustainability Agency Joint Powers Authority Agreement.
1.3 “Authority” means the Tule East Groundwater Sustainability Agency Joint Powers Authority.
1.4 “Authority Boundaries” means that portion of the Tule Subbasin depicted on Exhibit “A” attached hereto and incorporated herein by this reference.
1.5 “Board” means the governing body of the Authority established pursuant to Article 6 of this Amended and Restated Agreement and any implementing Bylaws.
1.6 “Director” means a member of the Authority’s Board of Directors. 3 1.7 “GSP” means a groundwater sustainability plan, as defined by section 10721, subdivision (k), of the Water Code.
1.8 “Fiscal Year” means each period beginning on July1 and ending on June 30 the following year.
1.9 “Member” means Hope, Ducor, Tulare County, and the City and any other entity that may become signatory of this Amended and Restated Agreement in accordance with the provisions of Article 11 of the Amended and Restated Agreement excepts for those entities that have withdrawn or been removed in accordance with the provisions of Article 10 of the Amended and Restated Agreement.
1.10 “Members” is the plural or collective of “Member.”
1.11 “Management Area” means an area with a category of user with a unique set of Management Actions that reflect its specific hydrologic conditions, historical conservation achievements, and existing recharge programs. Undesirable results (e.g., subsidence or water level declines) occurring outside the Management Area shall not trigger regulatory assessments or pumping restrictions within the Management Areaa unless specifically caused by extractions in the Management Area.
1.12 “Municipal Management Area” means the jurisdictional boundaries of the City, and including the locations of the City’s groundwater wells and recharge basins and facilities.
1.13 “SGMA” means the California Sustainable Groundwater Management Act, which is codified in Part 2.74 (commencing with section 10720) of Division 6 of the Water Code, and all state regulations adopted under that part.
1.14 “Tule Subbasin” means the Tule Subbasin of the San Joaquin Valley Groundwater Basin, subbasin number 5-22.08, as identified in DWR’s Bulletin 118.
1.15 “White Areas” means those certain portions of Tulare County’s jurisdictional areas outside of Hope’s, Ducor’s and the City’s jurisdictional boundaries, but within the Authority Boundaries.
ARTICLE 2
CREATION OF THE AUTHORITY
2.1 Creation. As of July 22, 2025, and pursuant to the Act, the Members created a public entity separate and independent from the Members to be known as the “Tule East Groundwater Sustainability Agency Joint Powers Authority.” As of the Effective Date, the Members added the City as a Member of the Authority.
2.2 Boundaries. The jurisdictional area of the Authority is intended to be the area identified in the Authority Boundary depicted in Exhibit “A,” generally consisting of all areas within the jurisdictional boundaries of Hope, Ducor, the City, and certain areas of Tulare County, as each may be changed from time to time pursuant to the Cortese-Knox Hertzberg Reorganization Act of 2000 (Gov. Code §§ 56000, et seq.). For the purposes of this Amended and Restated Agreement only, the jurisdictional boundaries of Tulare County are defined to be the White Areas as described in Section 1.13 above.
4 2.3 Notices. The Authority shall timely file the notices required by Government code sections 6503.5, 6503.6 and 53051.
ARTICLE 3
TERM
3.1 Term. This Amended and Restated Agreement is effective as of the Effective Date and continues in full force and effect until termination under Article 10.
ARTICLE 4
PURPOSE OF THE AUTHORITY.
4.1 Purpose of Agreement. The purpose of this Amended and Restated Agreement is to create a joint powers agency separate from its Members that will elect to be the GSA for the Authority Boundaries within the Tule Subbasin and, subject to the limitations of this Amended and Restated Agreement, carry out the provisions of SGMA within the Authority Boundaries.
4.2 Purpose of Authority. The purpose of the Authority is to develop, adopt, and implement a legally adequate GSP consistent with SGMA’s requirements within the Authority Boundaries and to exercise all powers and authorities of a GSA under SGMA to achieve groundwater sustainability. The Authority is also formed for the purpose of entering into a Coordination Agreement or similar agreement with other Tule Subbasin GSAs and coordinate with GSAs in neighboring subbasins in order to achieve a holistic and unified solution to groundwater management both within and out of the Tule Subbasin.
4.3 Limitations.
4.3.1. Nothing in this Amended and Restated Agreement is intended to confer upon any Member or upon any third party outside this Amended and Restated Agreement the authority to limit or interfere with the respective Member’s rights and authorities over its own internal matters, including but not limited to, such Member’s surface water supplies, groundwater supplies, facilities, billing and collection procedures, and operations and water management, subject to terms of this Amended and Restated Agreement
4.3.2. Nothing in this Amended and Restated Agreement prevents the Members from entering into other joint powers agreements.
ARTICLE 5
POWERS OF THE AUTHORITY
5.1 Powers. The Authority is authorized, in its own name, to do all acts necessary for carrying out the purpose of this Amended and Restated Agreement, including, but not limited to, any and all of the powers identified in this Article 5 and those powers identified in Government Code section 6508. Specifically, the Authority is authorized, in its own name, to do any or all of the following:
5.1.1. To make and enter into contracts;
5.1.2. To employ agents and employees;
5 5.1.3. To acquire, hold or dispose of real or personal property;
5.1.4. To incur debts; liabilities; or obligations;
5.1.5. To sue and be sued in its own name;
5.1.6. To undertake, on behalf of the Members, all actions required by the DWR and the Water Board for GSA purposed under SGMA;
5.1.7. To conduct research and investigations and compile appropriate reports for preparing a GSP and for developing Coordination Agreements, as defined in Water Code section 10721(d), with other GSAs;
5.1.8. To develop, adopt, revise, amend, and implement a GSP, including annual reports and periodic evaluations;
5.1.9. To cooperate with, act in conjunction with, and contract with the United States, the State of California or any agency thereof, Counties, and other local agencies, commensurate with the Authority’s powers as a GSA;
5.1.10. To acquire, lease, own construct, manage, maintain, operate, and dispose of buildings, works, or improvement;
5.1.11. To participate in groundwater sustainability projects related to SGMA;
5.1.12. To create committees and sub-committees; and
5.1.13. To impose fees and charges as authorized by the Act, State law, and SGMA.
5.2 SGMA Powers. The Authority may exercise all powers granted to GSAs in SGMA to provide the maximum degree of local control and flexibility consistent with the sustainability goals of SGMA, including, but not limited to, all of the authorities provided in Chapter 4 (commencing with section 10723), Chapter 5 (commencing with section 10725), Chapter 6 (commencing with section 10727), Chapter 8 (commencing with section 10730), and Chapter 9 (commencing with 10732) of SGMA.
5.3 Restrictions on the Exercise of Powers. Pursuant to Government Code section 6509, et seq., the powers of the Authority shall be exercised and restricted in the same manner as those imposed upon Tulare County. Nothing in this Amended and Restated Agreement shall modify or limit the police powers of the Members.
5.4 Obligations of the Authority. No debt, liability, or obligation of the Authority shall constitute a debt, liability or obligation of any of the Members, appointed members of the Board, or committee members.
5.5 Water Rights. The Members agree that they are subject to the Water Code and the Authority will be subject to the authorities granted by SGMA. Furthermore, the Members agree that nothing contained in this Amended and Restated Agreement grants to the Authority any power to alter any water right, contract right, or any similar right held by any of the Members, or to amend a Member’s water delivery practice, course of dealing, or conduct without the express consent of that Member.
6 ARTICLE 6
BOARD OF DIRECTORS
6.1 Board. The Authority shall be administered by a Board of Directors (the “Board”), composed of Directors and their alternate Directors. All voting powers of the Authority shall reside in the Board. The composition of the Board is described in the Authority’s Bylaws, as they may be amended from time to time.
6.2 Legal Requirements. Each Director shall comply with all legal requirements, including disclosure and ethics requirements, applicable to directors of a California Joint Powers Authority and a GSA.
ARTICLE 7
OFFICERS AND ADMINISTRATION
7.1 Officers. The Board shall, at its first meeting and then annually at its first meeting of each Fiscal Year, elect a Chair, Vice-Chair, Secretary, and any other officers as determined necessary by the Board. Each officer shall serve a term of one (1) year and may continue until a replacement is duly elected.
7.1.1. The Chair shall (1) preside at all Board meetings, (2) represent the Board as directed by the Board, (3) be an ex officio member of each committee established by the Board, and (4) perform other such duties as may be imposed by the Board.
7.1.2. The Vice-Chair shall act and perform all of the Chair’s duties, should the Chair be absent.
7.1.3. The Secretary shall keep minutes of all meetings of the Board and shall, as soon as practicable after each meeting, forward a copy of the minutes to each member of the Board. The Secretary of the Board is not required to be a member of the Board.
7.2 Treasurer and Auditor.
7.2.1. The Tulare County Treasurer shall be the depositary, shall have custody of all of the money of the Authority from whatever source, and shall have the duties and obligations of the Treasurer as set forth in Government Code sections 6505 and 6505.5. The Tulare County Treasurer shall be responsible for receiving quarterly reports from the Secretary and verifying the balance of this report with respect to the balance as maintained by the records of the Tulare County Auditor.
7.2.2. The Tulare County Auditor shall ensure strict accountability of all receipts and disbursements of the Authority and shall make arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority. The Tulare County Auditor shall establish and maintain such funds and accounts as may be required by good accounting practices.
The books and records of the Authority shall be open to inspection at all reasonable times by the public and representatives of the Members. The County Auditor, within one hundred twenty (120) days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to the Members.
7.3 Officers in Charge of Records; Funds; and Accounts. Pursuant to Government Code section 6505.1, the Tulare County Treasurer shall have charge of, handle 7 and have access to all accounts, funds and money of the Authority and all records of the Authority related thereto; and the Secretary shall have charge, handle and have access to all other records of the Authority.
7.4 Employees and Consultants. The Board may hire employees and consultants, including, but not limited to, engineers, accountants, and attorneys, to provide services to the Authority to accomplish the purposes of the Authority.
7.5 Management. In addition to, or in lieu of, hiring employees, the Authority may engage one or more third parties to manage any or all of the business of the Authority on terms and conditions acceptable to the Board. A third party so engaged may, but need not, be a Member of this Amended and Restated Agreement. Any third party so engaged shall have such responsibilities as are set forth in the contract for such third party’s services.
ARTICLE 8
MEETINGS
8.1 Bylaws. The Board may adopt bylaws and governing regulations consistent with this Amended and Restated Agreement, which may be amended from time to time, for the conduct of its meetings as are necessary for the purposes of the Authority.
ARTICLE 9
FISCAL YEAR, BUDGET, AND FINANCIAL RESPONSIBILITIES
9.1 Fiscal Year. The Fiscal Year of the Authority shall be from July 1 through June 30 the following year.
9.2 Budget. The Board shall establish an annual budget for the activities authorized by this Amended and Restated Agreement. The budget must describe the amounts that the Board anticipates are necessary for purposes of this Amended and Restated Agreement during each Fiscal Year.
9.2.1. The Authority shall not make expenditures or incur liabilities exceeding the amount of the appropriations allowed by the Authority’s budget.
9.2.2. The Authority may amend the annual budget as needed subject to the voting provisions in the Authority’s bylaws.
9.3 Finances. Finances. For purposes of funding the expenses and ongoing operations of the GSA, the Board may: (a) accept voluntary contributions from the Members; (b) apply for grants and/or loans; (c) levy any fees or assessments, including, but not limited to those set forth under Water Code, section 10730, et seq.; and (d) assess the Members for a share of such costs incurred by the Authority or which are anticipated to be incurred by the Authority in proportion to the area within each Member’s jurisdictional boundaries as defined in Section 2.2. In the event an assessment under subsection (d), each Member shall pay the assessment within sixty (60) days of the approval of the assessment by the Board. Any Member failing to timely pay an assessment shall lose its privilege to vote on any item presented to the Board, until such assessment is paid, unless otherwise authorized by the Board. 8 ARTICLE 10
WITHDRAWAL AND REMOVAL OF MEMBER; TERMINATION OF
AUTHORITY
10.1 Withdrawal. Any Member may voluntarily withdraw from this Amended and Restated Agreement and the Authority. The withdrawing Member shall give all other Members written notice of such withdrawal not less than ninety (90) days prior to the withdrawal date.
Upon withdrawal, (a) the Authority and the withdrawing Member shall work together with DWR to facilitate the withdrawing Member either forming its own GSA or joining a separate GSA; and (b) the withdrawing Member shall remain subject to the terms of any GSP duly adopted by the Authority as of the date of the withdrawal so as to not put local management of the Tule Subbasin in jeopardy, unless and until the withdrawing Member’s service area is covered by a separate GSP approved by DWR or otherwise in the process of seeking approval from DWR. This obligation survives a Member’s withdrawal from this Amended and Restated Agreement, is for the express benefit of the remaining Members, and is subject to the indemnification provisions of Article 12 of this Amended and Restated Agreement.
10.2 Effect of Withdrawal. Within thirty (30) days of withdrawal, a withdrawing Member shall pay for all of its financial obligations incurred prior to the withdrawal date pursuant to the terms of this Amended and Restated Agreement and any other expenses pursuant to California law. This payment obligation for financial obligations incurred prior to the withdrawal date survives the Member’s withdrawal from the Amended and Restated Agreement, is for the express benefit of the remaining Members, and is subject to the indemnification provisions of Article 12 of this Amended and Restated Agreement. All financial obligations under this Amended and Restated Agreement that are incurred prior to the withdrawal date shall survive after the withdrawal date.
10.3 Termination of the Authority. The Authority shall be formed and come into existence as of the date of the Formation Agreement, which was July 22, 2025, and shall continue in existence unless terminated by the governing body of each of the Members then a Party to this Amended and Restated Agreement or at any point in time at which there ceases to be at least two Members to this Amended and Restated Agreement, at which point in time this Amended and Restated Agreement shall be automatically terminated; provided however, that the Authority and this Amended and Restated Agreement shall continue to exist for the purpose of disposing of liabilities (“Authority Liabilities”) and distributing funds, property, and other assets (“Authority Assets”), and all other functions necessary to conclude the business of the Authority.
10.3.1. Notwithstanding any other provision herein, this Amended and Restated Agreement shall remain in effect and be binding upon the Members hereto and upon all subsequent Members joined herein for such a period as the Authority desires to engage in any activities under this Amended and Restated Agreement. Except as noted in section 10.1 above, the foregoing provision shall not apply, however, to any Member that withdraws from its participation in the Authority in accordance with this Amended and Restated Agreement.
10.3.2. Upon termination of this Amended and Restated Agreement, after payment of all Authority Liabilities, any Authority Assets remaining shall be distributed to the Members in accordance with applicable contributions, if any. The Authority shall cease to exist when the Authority Liabilities are paid and Authority 9 Assets have been distributed according to the provisions contained in this Section, this Amended and Restated Agreement generally, and the Act.
ARTICLE 11
ADMISSION OF NEW MEMBERS
11.1 New Members. Additional entities that are both “public agencies” under Government Code section 6500 and “local agencies” under Water Code section 10721, subdivision (n), may become signatories of this Amended and Restated Agreement upon approval by all of the Members and approval of the board of the new Member. Upon admission of a new Member, the Board shall update any documents and maps as may be required by DWR.
ARTICLE 12
SEPARATE ENTITY; INDEMNIFICATION
12.1 Separate Entity. In accordance with the Act, the Authority is a public entity separate from the Members. To the greatest extent permitted by law, unless otherwise specifically agreed to herein by all the Members as to a specific debt, liability or obligation, the debts, liabilities and obligations of the Authority shall not be the debts, liabilities or obligations of the Members under Government Code section 6508.1 except as required therein.
The Authority shall own and hold title to all funds, property and works acquired by it during the term of this Amended and Restated Agreement.
12.2 Indemnification. No Member has the power to obligate any other Member hereto and no Member’s debt, liability or obligation due to any third party may be asserted or collected against the Authority or any individual Member as a result of membership in the Authority through this Amended and Restated Agreement. The Authority shall indemnify, defend, and hold harmless the Members, their officers, agents, directors, and employees, from and against any and all claims and losses whatsoever, occurring or resulting to persons, firms, or entities furnishing or supplying work, services, labor, materials or supplies to the Authority in connection with the performance of this Agreement and, except as expressly provided for by law, from any and all claims and losses accruing or resulting to any persons, firm or entity for damage, injury, or death arising out of or in connection with the Authority’s performance of its obligations pursuant to this Amended and Restated Agreement. The Authority may also acquire such policies of directors and officers liability insurance and in such amounts as the Board shall deem prudent. The Board, officers, agents, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers, and in the performance of their duties pursuant to this Amended and Restated Agreement. The Board shall not be liable to the Members of this Amended and Restated Agreement for any mistake of judgment or any other action made, taken, or omitted by any agent, employee, or independent contractor selected with reasonable care, nor for loss incurred through the investment of Authority funds or failure to invest same. To the extent authorized by California law, no Director, officer or employee of the Authority shall be responsible for any action made, taken, or omitted by any other Director, officer or employee. Furthermore, each Member shall indemnify, defend, and save harmless the other Members, their officers, agents, directors, and employees, from and against any and all claims of negligence and/or willful misconduct by the indemnifying Member in performance of this Amended and Restated Agreement. 10 ARTICLE 13
SUPERSEDURE BY SPECIAL LEGISLATION
13.1 Supersedure. This Amended and Restated Agreement, including the Authority created hereunder, shall terminate upon the effective date of any legislation amending the Water Code to create a groundwater management agency, or other special district, which is intended to serve as the GSA for the area within the Authority Boundaries; provided however, the Authority and this Amended and Restated Agreement shall continue to exist for the purpose of disposing of Authority Liabilities and distributing Authority Assets, and all other functions necessary to conclude the business of the Authority.
ARTICLE 14
MISCELLANEOUS
14.1 Amendments. This Amended and Restated Agreement amends the Formation Agreement. This Amended and Restated Agreement may not be amended except by a written amendment signed by all of the Members.
14.2 Assignment; Binding on Successors. Except as otherwise provided in this Amended and Restated Agreement, the rights and duties of the Members may not be assigned or delegated without the express written consent of the other Members. Any attempt to assign or delegate such rights or duties in contravention of this Amended and Restated Agreement is null and void. Any approved assignment or delegation must be consistent with the terms of any contracts, resolutions, indemnities and other obligations of the Members under this Amended and Restated Agreement then in effect. This Amended and Restated Agreement inures to the benefit of, and is binding upon, the successors and permitted assigns of the Members.
14.3 Counterparts. This Amended and Restated Agreement may be executed by the Members in separate counterparts, each of which when so executed and delivered is an original, but all such counterparts together constitute the same instrument.
14.4 Governing Law and Venue. This Amended and Restated Agreement is governed by the laws of the State of California. Venue for the purposes of filing any action regarding the enforcement or interpretation of this Amended and Restated Agreement and any rights and duties hereunder shall be Tulare County, California.
14.5 Severability. If any part of this Amended and Restated Agreement is held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, the remainder of the Amended and Restated Agreement remains in effect and the Members shall make best efforts to replace the unlawful, invalid, or unenforceable part of the Amended and Restated Agreement with terms to accomplish the Members’ original intent.
14.6 Headings. The titles of sections of this Amended and Restated Agreement are for convenience only and no presumption or implication of the intent of the Members as to the construction of this Amended and Restated Agreement shall be drawn from them.
14.7 Construction. The final form of this Amended and Restated Agreement is the result of the Members’ combined efforts. If anything in this Agreement is found by a court of competent jurisdiction to be ambiguous, that ambiguity is not to be resolved by construing the terms of this Amended and Restated Agreement against the drafter. 11 14.8 Notices. Notices authorized or required to be given pursuant to this Amended and Restated Agreement shall be in writing and shall be deemed to have been given when mailed, postage prepaid, or delivered during working hours to the addresses set forth for each of the Members beneath their signatures on this Agreement, or to such other changed addresses communicated to the Authority and the Members in writing. For all claims arising from or related to this agreement, nothing in this agreement establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Division 3.6 or Title 1 of the Government Code, beginning with section 810).
14.9 Signature Authorization. Each Member represents that the representative executing this Amended and Restated Agreement on its behalf has been duly authorized to execute the Amended and Restated Agreement on behalf of the Member.
IN WITNESS WHEREOF, the Members have executed this Amended and Restated Agreement on the dates indicated below the signatures attached hereto.
Agency Name: DUCOR WATER DISTRICT
By:_________________________________
Name:_______________________________
Title: President
Date:________________________________
Agency Contact Information:
Address: 10000 Stockdale Hwy, Ste. 200,
Bakersfield, CA 93311
Telephone:__________________________
Agency Name: HOPE WATER DISTRICT
By:_________________________________
Name:_______________________________
Title: President
Date:________________________________
Agency Contact Information:
Address: 1279 W. Henderson Ave., #325,
Porterville, CA 93257
Telephone(559)419-4200
Agency Name: COUNTY OF TULARE
By:_________________________________
Name:_______________________________
Title: Chair, Board of Supervisors
Date:________________________________
Agency Contact Information:
Address: 2800 W. Burrel Ave.,
Visalia, CA 93291
Telephone: (559) 636-5000
Date: _______________________________
ATTEST: JASON T. BRITT
County Administrative Officer/Clerk of the
Board of Supervisors of the County of
Tulare
By: _______________________________
Deputy Clerk
Date: _______________________________
APPROVED AS TO FORM
County Counsel
By: _______________________________
12 [continued next page]
Agency Name: CITY OF PORTERVILLE
By:_________________________________
Name:_______________________________
Title:________________________________
Date:________________________________
Agency Contact Information:
Address: 291 North Main Street
Porterville, CA 93257
Telephone: (559) 782-7499
3843853v1 / 25731.0001
EXHIBIT A
MAP OF AUTHORITY BOUNDARIES
3844198v2 / 25731.0001
BYLAWS
OF THE
THE EAST GROUNDWATER SUSTAINABILITY AGENCY
JOINT POWERS AUTHORITY
Adopted ___________________ _____, 2026
3844198v2 / 25731.0001 2
BYLAWS
OF THE
TULE EAST GROUNDWATER SUSTAINABILITY AGENCY
JOINT POWERS AUTHORITY
ARTICLE I
ORAGANIZATION
1.01 Name. The name of this joint powers authority is the Tule East Groundwater Sustainability Agency Joint Powers Authority (hereinafter referred to as the “Authority”).
1.02 Purpose and Limitations.
(a) Purpose. The purpose of the Authority is to develop, adopt, and implement a legally adequate Groundwater Sustainability Plan (“GSP”) consistent with the Sustainable Groundwater Management Act (“SGMA”), codified at California Water Code Sections 10720, et seq., as the Groundwater Sustainability Agency (“GSA”) within the respective jurisdictions of the Authority’s member agencies. The Authority is also formed for the purpose of entering into a Coordination Agreement or similar agreement with other Tule Subbasin GSAs and coordinate with GSAs in neighboring subbasins in order to achieve a holistic and unified solution to groundwater management both within and out of the Tule Subbasin.
(b) Forming Statute; Limitations. The Authority is created as a joint powers agency pursuant to the provisions of the Government Code of the State of California relating to the joint exercise of powers common to public agencies. (Gov.
Code § 6500, et seq.). On July 22, 2025, Hope Water District, Ducor Water District, and the County of Tulare (“Initial Members”) entered into that certain “Tule East Groundwater Sustainability Agency Joint Powers Authority Agreement”. Effective January ____, 2026, the Initial Members and the City of Porterville (collectively, the “Members”) entered into that certain “Amended and Restated Tule East Groundwater Sustainability Agency Joint Powers Authority Agreement” (the “Joint Powers Agreement”). The Authority is a public entity separate from the Members to the Joint Powers Agreement. Pursuant to Government Code section 6509, the County of Tulare is the designated agency with respect to the Authority’s exercise of power.
1.03 Bylaws. A copy of the Authority’s Bylaws shall be kept at the Authority’s Principal Office (as defined below) and shall be open to inspection by the public at all reasonable times during office hours. The Bylaws of the Authority may be amended, added to, or repealed by a majority vote of the Board of Directors (“Board”) at any meeting of the Board, on the condition that a summary of the proposed change(s) is given in the notice of the regular or special meeting.
ARTICLE II
OFFICES
2.01 Principal Office. The principal office for the transaction of the activities and affairs of the Authority (“Principal Office”) is located at Baker Manock & Jensen, PC – 5260 N. Palm Ave., Suite 201, Fresno, California 93704. The Board may change the Principal Office from time to time as reflected in the Board minutes. 3844198v2 / 25731.0001 3
2.02 Board Meeting Location. The principal location of the Board meetings will be at the at Eurofins Research for Hire at 1696 S. Leggett Street, Porterville, California 93257. The Board may change the meeting location from time to time but at all times must be within the Authority’s jurisdiction.
ARTICLE III
DIRECTORS
3.01 Number of Directors. Unless changed by an amendment to these Bylaws, the authorized range for the number of individuals on the Board of Directors (each, a “Director”) is not fewer than five (5) and no more than seven (7) Directors who shall be appointed as follows:
(a) Member Directors. One (1) elected member of the governing body of each Member entity.
(b) At-Large Directors. The Board shall have up to three (3) AtLarge Directors as the Board shall determine from time to time, subject to the above overall Board size limitation of seven (7) Directors. The Board’s election of a certain number of At-Large Directors constitutes the Board setting the number of At-Large Directors for the purposes of this section.
3.02 Selection of Directors.
(a) Member Directors. Each Member shall appoint one elected member of its own governing body of the Member entity. The appointments shall be in writing delivered to the Authority’s Secretary.
(b) At-Large Directors. An At-Large Director must be both a landowner and groundwater user in an undistricted area within the Authority’s jurisdiction or a representative a private water company within the Authority’s jurisdiction (a “White Area”). The At-Large Director may be the landowner or the designated representative of an entity that is a landowner. The Board may, at any regular or special meeting of the Board, in its discretion, elect one or more At-Large Directors to the Board through a simple majority vote, subject to the composition requirements of Section 3.01 above.
3.03 Alternate Directors. An “Alternate Director” shall be designated to act in place of each Director during his or her absence or in the event of a conflict of interest preventing the regular Director from voting, to vote in the place of the conflicted Director. (a) Member Directors. Alternate Member Directors must be either an elected member of the governing body of a Member or on the staff of such Member entity and shall be appointed in the same manner as the Member Director is appointed by the Member.
(b) At-Large Directors. Alternate At-Large Directors shall meet the same qualifications and be elected to serve in the same manner as an At-Large Director pursuant to Section 3.02(b) above.
3844198v2 / 25731.0001 4
3.04 Term of Office. The terms of each of the Directors and Alternate Directors shall be two (2) years or until the applicable Member appoints a qualified replacement, whichever occurs later.
3.05 Resignation. A Director or Alternate Director may resign at any time by delivering written notice of resignation to the Authority Secretary. A resignation is effective upon delivery unless it specifies a later time.
3.06 Removal. Directors and Alternate Directors may be removed or replaced as follows:
(a) Directors and Alternate Directors may be removed or replaced at any time by the respective Member’s governing body, or in the case of At-Large Directors, by majority vote of the Board not counting the vote of the Director subject to removal.
(b) A Director or Alternate Director shall be deemed automatically removed from the Board if that Director is no longer: (i) an elected member of the governing body of the Member, (ii) on the staff of such entity that qualified such Director to serve as an Alternate Director on the Board, or (iii) in the case of an AtLarge Director, a person or entity that is a landowner and groundwater user in the White Areas.
3.07 Vacancies. Should a vacancy occur or be found to exist in the office of a Director, that Director’s alternate shall assume the position of a Director for the remainder of the unexpired term of the vacant Director’s seat.
3.08 Compensation. Directors shall not be compensated by the Authority for participation on the Board, except that a Director may be reimbursed for pre-approved expenses pursuant to the Authority’s reimbursement and expense policy.
3.09 Legal Requirements. Each Director and Alternate Director shall comply with all legal requirements, including disclosure and ethics requirements, applicable to directors of a California Joint Powers Authority and a GSA.
ARTICLE IV
OFFICERS
4.01 Officers. The Board shall, at its first meeting and then annually at its first meeting of each Fiscal Year, elect a Chair, Vice-Chair, Secretary, and any other officers as determined necessary by the Board. Each officer shall serve a term of one (1) year and may continue until a replacement is duly elected.
(a) The Chair shall (1) preside at all Board meetings, (2) represent the Board as directed by the Board, (3) be an ex officio member of each committee established by the Board, and (4) perform other such duties as may be imposed by the Board.
(b) The Vice-Chair shall act and perform all of the Chair’s duties, should the Chair be absent.
3844198v2 / 25731.0001 5
(c) The Secretary shall keep minutes of all meetings of the Board and shall, as soon as practicable after each meeting, forward a copy of the minutes to each member of the Board. The Secretary of the Board is not required to be a member of the Board.
4.02 Treasurer and Auditor.
(a) The Tulare County Treasurer shall be the depositary, shall have custody of all of the money of the Authority from whatever source, and shall have the duties and obligations of the Treasurer as set forth in Government Code sections 6505 and 6505.5. The Tulare County Treasurer shall be responsible for receiving quarterly reports from the Secretary and verifying the balance of this report with respect to the balance as maintained by the records of the Tulare County Auditor. (b) The Tulare County Auditor shall ensure strict accountability of all receipts and disbursements of the Authority and shall make arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority. The Tulare County Auditor shall establish and maintain such funds and accounts as may be required by good accounting practices.
The books and records of the Authority shall be open to inspection at all reasonable times by the public and representatives of the Members. The County Auditor, within one hundred twenty (120) days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to the Members.
4.03 Officers in Charge of Records; Funds; and Accounts. Pursuant to Government Code section 6505.1, the Tulare County Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority related thereto; and the Secretary shall have charge, handle and have access to all other records of the Authority.
4.04 Employees and Consultants. The Board may hire employees and consultants, including engineers, accountants, and attorneys, to provide services to the Authority to accomplish the purposes of the Authority.
4.05 Management. In addition to, or in lieu of, hiring employees, the Authority may engage one or more third parties to manage any or all of the business of the Authority on terms and conditions acceptable to the Board. A third party so engaged may, but need not, be a Member of this Agreement. Any third party so engaged shall have such responsibilities as are set forth in the contract for such third party’s services.
ARTICLE V
MEETINGS
5.01 Regular and Special Meetings. The Board shall hold at least one (1) regular meeting each year and shall provide for other regular meetings and special meetings as it deems necessary. The Board shall fix the hour, date, and place for its regular meetings.
5.02 Committees. The Board Chair may appoint such ad hoc or standing committees as may be useful from time to time.
5.03 Minutes. The Secretary of the Board, or his or her designee shall prepare meeting minutes and place them in the records of the Authority. 3844198v2 / 25731.0001 6
5.04 Compliance with the Ralph M. Brown Act. All regular and special meetings of the Authority’s Board shall comply with the Ralph M. Brown Act codified at California Government Code sections 54950 et seq., as amended.
5.05 Voting. Each Director shall have one (1) vote. Directors representing a Member who is delinquent in any past or present monetary contributions shall abstain from voting on all matters, but may be counted to constitute a quorum.
5.06 Quorum; Required Votes; Approval. A quorum of the Board for convening any meeting shall consist of a majority of all Directors, or in the absence of a Director, such Director’s designated alternate. A quorum of the Board must be present at the time of any vote on any matter before the Board. An affirmative vote of at least a majority of all Directors, or designated Alternate Director, present in a quorum of the Board, shall be required for any action of the Board. Notwithstanding the foregoing, the following matters shall require the approval of two-thirds (2/3rds) of the Directors of the Board:
(a) Approval of or revision of budgets;
Approval of assessments;
(b) Approval of funding contributions from the Members; (c)(a) Any action to initiate litigation;
(d)(b) Hiring or termination of the Executive Director or General Manager;
(e)(c) Adoption of or amendment to these Bylaws;
(f)(d) Adoption of a new, revised, updated or amended Groundwater Sustainability Plan (“GSP”);
(g)(e) Termination of Members; and
(f) Amendments to the Joint Powers Agreement.
The following matters shall require the unanimous approval of the Directors of the Board:
(g) Approval of or revision of budgets;
(h) Approval of assessments;
(i) Approval of funding contributions from the Members; (j) Adoption of a new, revised, update or amended Groundwater Sustainability Plan (“GSP”).
(h) Adoption of a new, revised, updated or amended Groundwater Sustainability Plan (“GSP”);
(i)
3844198v2 / 25731.0001 7
ARTICLE VI
FISCAL YEAR
6.01 Fiscal Year. The fiscal year for the Authority shall begin on July 1st through June 30th the following year.
ARTICLE VII
CONFLICTS OF INTEREST
7.01 Conflicts of Interest. Pursuant to Government Code section 1090, Directors and Officers shall not have an interest in any contract made by the Authority.
ARTICLE VIII
REVIEW AND AMENDMENT
8.01 These Bylaws shall be reviewed biennially and may be altered, amended, repealed, added to or deleted from, at any regular or special meeting of the Board, with the consent of a majority of the Directors.
CERTIFICATE OF ADOPTION
I, the undersigned, certify that I am the duly appointed and authorized Secretary of the TULE EAST GROUNDWATER SUSTAINABILITY AGENCY JOINT POWERS AUTHORITY, a California joint powers authority, and the above stated Bylaws, consisting of six (6) pages, are Bylaws of this Authority as approved by the Board of Directors on ____ day of January, 2026, to be effective as of January 1, 2026 Dated: January ___, 2026, to be effective as of January 1, 2026. ____________________________
William P. Bennett II, Secretary