Annual Membership Meeting

Sunday, June 1, 2025

1 p.m. at the Clubhouse

Dear Neighbors,

Join us next month for our annual CPMWC Annual Membership Meeting.

We look forward to your collaboration!



Google Meet joining info
Video call link: https://meet.google.com/wnw-pbjb-xux

Or dial: (240) 343-1751 PIN: 635 449 978#

More phone numbers: https://tel.meet/wnw-pbjb-xux?pin=3682241830382

Agenda

I. Welcome - Review

II. AgendaIntroductions

III. Overview of Mutual Water Company

   A. Legal Obligations

   B. Role of volunteer Board Officers and Directors

   C. Role of Regulating Agencies

         1. State level: State Water Resources Control Board, CA Department of Public Health

         2. Local: County of Santa Clara Department of Environmental Health, Building, and Planning

   D. Hierarchy of Laws - State Statutes: Parliamentary Procedure, Opening Meetings Act, Inspection of Public Records Act, Robert’s Rules of Order, AB 240, AB 54, SB3, California Corporation Code, California code Part 3 Non-profit mutual benefit corporation 7110-8910

   E. CPMWC’s Articles of Incorporation, By-laws, SOP

IV. CPMWC 2024-2025 Accomplishments and Review

   A. Water

   B. Roads

   C. Clubhouse

V. CPMWC Capital Improvement Projects & Future Direction

   A. Upcoming

   B. Pending

VI. Finance Reports

   A. 2024-2025 Annual Review

   B. 2024-2025 Income & Expenses

   C. 2025-2026 Budget

VII. Community

   A. Apache Bridge Options

   B. Firewise

VIII. Voting and Elections

   A. Bylaws Proposals, Amendments, and Approvals

             1. Align with state and county statutes and regulations

             2. Address areas of concern in 2023-2024 Annual Review

       B. Monthly Assessment Adjustments

       C. Clubhouse SOP Revisions and Approvals

       D. Board Elections

             1. Teus Aarnousde and Mike Lerman were elected to 2-year terms last year, all other directors’ terms are expiring

      IX. Next Annual Meeting: Sunday, June 7, 2026

      Proposal to the Membership – Monthly Assessment Adjustment & Special Assessment

      To increase reserves to ensure compliance with the California Corporations Code and the recommendations outlined in the 2023-2024 Annual Review that was conducted by Egan and Egan, a licensed CPA and attorney with a specialty in mutual water companies; and to implement rate adjustments reflecting Cost of Living Adjustments (COLA).

      • Proposed Rate Adjustment: $272.00 per month
        • Special Assessment Option: Add $50.00 per month (or $600.00 one-time year payment) to Proposed Rate Adjustment = total per month $322.00
          • Security Fence required by state for the new water tank project
          • Replace Water treatment plant siding to ensure compliance and financial protection by the insurance company.
          • Water Plant Lighting ensure compliance and financial protection by insurance company
          • Cargo Storage Box for Spare Parts
          • Project Manager to manage all capital improvement projects
          • Firewise
          • Dumpsters
        • If proposed rate adjustment is approved by the majority vote of the shareholders, an amendment to the bylaws 2.6.3 would be proposed: “Any member who has reached 62 years of age may apply for the “Senior Discount Rate” on their monthly assessment, as described in Bylaw 2.6.3, and receive a 15% reduction on all regular monthly assessments.”

      Proposal to the Membership – Bylaw amendments for compliance with California Corporations Code, SB3, AB54, AB240, and county jurisdictions

      • ARTICLE 1: CORPORATE NAME AND OFFICE, Section 1.1 The name of the Corporation is Chemeketa Park Mutual Water Company (CPMWC).
      • ARTICLE 2: QUALIFICATIONS FOR AND OBLIGATIONS OF MEMBERSHIP, Section 2.6 Each Member shall pay to the Corporation monthly and special assessments such as to increase reserves, to address a catastrophic event and any projects that may be required to provide, maintain or improve water services, roads or other facilities or services provided by the Corporation.
      • ARTICLE 2: QUALIFICATIONS FOR AND OBLIGATIONS OF MEMBERSHIP, Section 2.6.1 Assessments and any adjustments shall be levied upon the Membership only by a majority vote of the Membership, except as provided in Paragraph 9.1.2.
      • ARTICLE 3: MEETINGS OF THE MEMBERSHIP, Section 3.2.1 The Secretary shall email a copy of such notice to each Member as listed in MailChimp distribution list or an independent service will mail a copy of such notice at his or her address as listed in the records of the Corporation, not less than four (4) nor more than sixty (60) days before the date of the meeting.
      • ARTICLE 5: RESTRICTIONS UPON THE MEMBERSHIP, [Remove] Section 5.2 No single-family dwelling shall be converted to a multiple dwelling. If a dwelling is converted after June 2, 1985, the Board of Directors shall report this conversion to County authorities. The Board of Directors, at its discretion, may decline to provide water service to any dwelling so converted.
      • ARTICLE 8: DUTIES OF DIRECTORS AND ALTERNATES, Section 8.1.5 Supervise all officers and agents [Remove] and employees and to see that their duties are properly performed.
      • ARTICLE 9: POWERS OF DIRECTORS Section 9.1.3.2 Service may be discontinued after an account has been delinquent for one-hundred (120) days as outlined in the Water Service Shut-Off Policy (SB3) at the option of the Board of Directors and must be discontinued when an account has been delinquent for four (4) months and seven (7) days.
      • ARTICLE 9: POWERS OF DIRECTORS, Section 9.1.10 To report environmental health hazard(s) related to septic tanks to the County of Santa Clara.

            i) Causes foul odors or ground swelling
      .    ii) Causes spillage on the streets or roads
      .    iii) Drains into a stream, reservoir, other water supply or the real property of a Member of the Corporation

      • ARTICLE 10: OFFICERS, Section 10.1.3 The Secretary and Treasurer shall be chosen from among the Board of Directors [Remove] the Membership not excluding the Board of Directors.
      • ARTICLE 11: AMENDMENTS, Section 11.2 At least thirty (30) days notice, in writing, shall be emailed and/or mailed to each Member at his or her email and/or physical address, as listed in the records of the Corporation.
      • ARTICLE 11: AMENDMENTS, Section 11.4 To automatically adjust the percentage of the annual assessment to match Cost of Living Adjustment (COLA) as published by the Social Security Public Law 106-554 in February of each year.

      Proposal to the Membership - Apache Bridge Options

      Option 1: Demolish the current bridge and build a new bridge

        Overview: Demolish the existing bridge and construct a new, full-scale bridge that can accommodate vehicles, preserving/restoring full vehicle access and egress route and eliminating liability concerns.

        • Considerations:
          • Safety: A new bridge eliminates liability concerns and meets modern safety standards.
          • Accessibility: Maintains full vehicular access for all residents, including emergency services.
          • Long-Term Investment: Higher upfront cost but could last 50+ years with proper maintenance.
          • Environmental Impact: Potential for significant impact, requiring environmental studies and mitigation.
        • Cost:
          • Demolition: $150,000 +
          • New Bridge Construction: $550,000 to $1,650,000 (depending on length, materials, and site conditions)
          • Total Estimated Cost: $605,000 to $1,815,000

        Option 2: Demolish the current bridge and build a simple pedestrian bridge

          Overview: Demolish the current bridge and replace it with a pedestrian-only bridge. This would reduce costs and liability while still providing access for foot traffic and potentially for emergency responders with smaller equipment.

          • Considerations:
            • Safety: Reduces liability but limits vehicular access.
            • Cost-Effective: Less expensive than building a full-scale bridge.
            • Limited Access: Residents and emergency services would need alternative vehicle routes.
            • Community Concerns: Potential pushback from those who see the bridge as critical for vehicle access.
          • Cost:
            • Demolition: $150,000 +
            • Pedestrian Bridge Construction: $200,000 to $350,000 (depending on materials and site conditions)
            • Total Estimated Cost: $350,000 to $500,000

          Option 3: Remove the bridge without replacement

            Overview: Completely remove the existing bridge and do not replace it. This option eliminates the liability and safety concerns without incurring the cost of a new structure.

            • Considerations:
              • Safety: Eliminates the existing hazard and liability.
              • Lowest Cost: Most cost-effective option, with no ongoing maintenance.
              • Loss of Access: Residents and emergency services lose the current route, which may be a significant concern, especially if no alternative routes are available.
              • Community Impact: Likely to face significant resistance, especially from those who see the bridge as an essential part of the community’s infrastructure.
            • Cost:
              • Demolition and Site Restoration: $350,000 +

            Option 4: Leave the bridge as is

            Overview: Just leave the bridge as is and see what the future brings. We could even remove the fence if we want to be brave. The bridge in its current state may cling to the hillside for a good amount of years, or it could slide down on the property and Moody creek below during the next big rain event.

            • Considerations:
              • Safety: Existing hazard and liability
              • Cost: Could be similar to option 3 or could be the most expensive because it complicates demolition and hillside restoration. Damages to property below and the creek have the potential to go even higher than building a new bridge.
              • Loss of Access: Residents and emergency services lose the current route, which may be a concern.
              • Community Impact: No immediate impact, potential huge impact in years to come
            • Cost:
              • Demolition and Site Restoration: $250,000 - $1,800,000 +Option 1: Demolish the current bridge and build a new bridge