Location – Kevin B’s home
Welcome
Approve minutes from the September 27, 2023 Board Meeting
Financial Report
- Billing process – response rate/ delinquent – Tom
- Checkbook vs. Financial summary document – Tom
Old Business
- Delinquent payments – Leins/ Water Shut-off
- Leins*
- Water Termination – Feedback from attorney – SB998 and SB3**
- Board Policy – Ciampa Template
- Throttle meters?
New Business
- Blow off valve at lower Riebli in new casing (needs lid)
- Back-flow Device Repair – Robinson and Hoppert property – (back up parts?)
- Board positions – missed cycle
Continuing Business
- Website update – Susan Kullmann
- New Homeowners ***
- Communication to Homeowners – no broadcast messages this period
- Oakhaven parcel purchase/split
- Policies and procedures – pending WTA
- SWRCB – supply vs. storage – no change
Priorities
- Meters/ Drought Conservation – Update on software, remaining units installed
- Billing agency –
- Eric Chiu discussion – retain now for consulting?
- Software
- Rate Structure rollout
- New rate implementation worksheet – Revenue comparison
- SWRCB drought measures – ntr
- Capital Planning and System Analysis (full system) ntr
Motions to approve:
Next Meeting/Location
* Liens – RMWC Existing Lien Language
Section 2b. Payment of Assessments.
Delinquent Assessments and Late Charges. The due dates for all Assessments shall be established by the Board. Any Assessment shall be delinquent if not paid within fifteen (60) days of becoming due. Late charges in the amount of five percent (5%) of the delinquent Assessment shall be charged on all delinquent Assessments.
Personal Obligation and Creation of Lien. The Assessments, together with late charges with interest at the rate of ten percent (10%) per annum or the lower maximum rate allowed by law commencing to accrue thirty (30) days after the Assessment becomes due, costs, late charges pursuant to Section 5.04(a), above, and reasonable attorneys’ fees, shall, except as stated below, be a continuing lien upon the Lot against which each such Assessment is made, such lien to become effective upon recordation of a notice of Assessment. No Owner may defeat liability for Assessments levied by the Company, nor release the Lot owned by such Owner from the liens and charges hereof by waiver of the use or enjoyment of the Water System or by abandonment of such Owner’s Lot.
Notice and Recordation of Lien. Before the Company may place a lien upon a Lot to collect a debt which is past due, the Company shall notify the Member(s) in writing by certified mail to the Membership Address of the fee and penalty procedures of the Company, provide an itemized statement of the charges owed by the Member(s), including items on the statement which indicate the principal owed, any late charges and the method of calculation, any attorneys’ fees and the collection practices used by the Company, including the right of the Company to the reasonable costs of collection. Any payments toward such a debt shall be first applied to the principal owed, and only after the principal owed is paid in full shall such payments be applied to interest or collection expenses. At any time after any Assessments levied by the Company affecting any Lot have become delinquent and the Board has complied with the notice provisions set forth above, the Board may file for recording in the Official Records of the County a notice of delinquency as to such Lot, which notice shall state all amounts which have become delinquent with respect to such Lot and the costs, including attorneys’ fees, interest and late charges which have accrued thereon, the amount of any Assessments relating to such Lot which is due and payable although not delinquent, a description of the Lot with respect to which the delinquent Assessments are owed, the name of the record or reputed record owner or owners of such Lot and the name and address of the trustee authorized by the Company to enforce the lien by sale. Such notice shall be signed by an officer of the Company or its authorized agent and mailed in the manner set forth under California Civil Code section 2924b to all record owners of such Lot no later than ten (10) calendar days after recordation of the notice of delinquency.
Lien Rights. Immediately upon recording any notice of delinquency pursuant to the preceding provisions of this Section, the amounts delinquent, as set forth in such notice, together with the costs of collection (including attorneys’ fees, late charges and interest accruing thereon, shall be and become a lien upon the Lot described therein, which lien shall also secure all other payments and Assessments which shall become due and payable with respect to the Lot following such recording, and all costs (including attorneys’ fees), late charges and interest accruing thereon. When a notice of Assessment has been recorded, such Assessment shall constitute a lien on each respective Lot prior and superior to all other liens, except all taxes, bonds, Assessments and other levies which, by law, would be superior thereto, and any Mortgage senior to the Assessment lien under California Civil Code section 2898.
**Water Termination – By-Law Change
From attorney Jim Ciampa …”add that as a second paragraph under Section 3 in Article 5 of the Restated Bylaws. Here is the language:”
“Water Service Termination. The Company, upon action approved by the Board of Directors, shall have the power to terminate water service to any member’s property where the member fails to timely pay any assessment, rate or charge owed to the Company. The Board of Directors shall adopt a water service termination policy to govern such termination of service in accordance with applicable law.”
(fyi – RMWC Bylaws)
Section 3.
The Board of Directors by affirmative vote of two thirds of all of the members of the Board, may, for cause, suspend or cancel a membership after an appropriate hearing. A willful or serious default in the .payment of a duly enacted levy or assessment shall be deemed cause for any such action by the Board.
Water Service Termination Policy
SB 998 – THE WATER SHUTOFF PROTECTION ACT
Sets conditions for suppliers in the termination of water
https://calruralwater.org/the-water-shutoff-protection-act-sb-998/
SB3 – Application to 15+ Service Providers
Existing law, the Water Shutoff Protection Act, prohibits an urban and community water system, defined as a public water system that supplies water to more than 200 service connections, from discontinuing residential service for nonpayment, as specified, and requires specified procedures before it can discontinue residential service for nonpayment. Existing law defines a community water system as a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system. Existing law requires an urban and community water system to have a written policy on discontinuation of residential service for nonpayment available in English, other designated languages, and any other language spoken by at least 10% of the people residing in its service area. This bill would expand the scope of the Water Shutoff Protection Act by requiring that it instead apply to a covered water system, defined to include specified water systems and suppliers, including a community water system. The bill would require a community water system, that is not otherwise required to comply, to comply with the act’s provisions on and after August 1, 2024.
Updated January 22, 2024